S T AT E O F MI S SOURI j (:rcm i m W Uay ) Nixo n
. Govern or • Sa ra P arke r P a ul ey, Dir ecro r 

# DEPARTMENT OF NATURAL RESOURCES

JUL 1 0 2013

Mr. Karl Brooks Regional Administrator U

. S. EPA, Region VII 11201 Renner Boulevard Lenexa , KS 66219

Dear Mr. Brooks: www. d nr. mo.gov



### The Missouri Air Conservation Commission has recently revised or promulgated the following regulation(s) for the Missouri State Implementation Plan (SIP). The following is enclosed for your review:

10 CSR 10-2.330 Control of Gasoline Reid Vapor Pressure

This amendment will update the gasoline sampling and reid vapor pressure testing procedures referenced in the rule. The two Code of Federal Regulations (CFR) appendices referenced (40 CFR, part 80, Appendix D and Appendix E) no longer exist and will be replaced with references to current sampling and test methods.

The commission adopted the enclosed rule action(s) on March 28,2013, after considering comments received at public hearing and throughout the open public comment period. The commission has full legal authority to develop rules pursuant to Section 643.050 of the Missouri Air Conservation Law. The state followed all applicable administrative procedures in proposing and adopting the rule action(s). Enclosed are the required SIP submittal elements for determination of plan completeness per 40 CFR Part 51, Appendix V.

The Missouri Department of Natural Resources requests that the U.S. Environmental Protection Agency amend the SIP to replace the current rule(s) in the SIP. Compliant with the April 6,2011 SIP regional consistency memo, an exact duplicate of this submittal is also being provided as an electronic attachment in an email to the Region VII Missouri coordinator.

Thank you for your attention to this matter

. If you have any questions regarding this

ft '-J R \'t. ,

HI

... , I r.ll lC'f

### Mr. Karl Brooks Page Two

submittal, please contact Wendy Vit, with the Department's Air Pollution Control Program at P.O. Box 176, Jefferson City, MO 65102 or by phone at (573) 751-7840. Sincerely,

Kyra L. Moore Director
KLM:pmc

Enclosures: Copy of rule published in CSR Copy of commission signature page certifying Missouri Air Conservation Commission adoption Copy of technical support documentation for rule (if applicable) Copies of public hearing notices Copy of public hearing transcript introductory statement Copy of MO Reg proposed rulemaking Copy of MO Reg order of rulemaking with comments/responses Mark-Up of Existing Federally-Approved State Regulation(s)

c: Missouri Air Conservation Commission(3) General Provisions. All source operations in installations affected by this regulation thatare venting emissions to VOC emission control devices as of November 23, 1987 shall be required to continue venting emissions to these control devices and these emissions shall be controlled to the extent required in section (4) of this regulation. (4) Emission Limitations. Any pesticide or herbicide manufacturing installation VOCemissions control devices subject to this regulation must achieve an instantaneous VOC destruction or removal efficiency greater than or equal to ninety-nine percent (99%). (5) Record Keeping.

(A) Owners or operators utilizing thermaloxidizers as control technology must maintain adequate records of the combustion chamber temperature and residence time to determine the VOC control compliance. Also, the owners or operators must maintainrecords of routine or unscheduled maintenance and repairs of the thermal oxidizers. The director may require any other records of operating parameters as may be necessary to determine compliance.

(B) Owners or operators using other control technology shall maintain records of alloperating parameters and routine or unscheduled maintenance and repairs of air pollution control equipment as may be required by the director to determine compliance.

(C) Records of all information required in subsections (4)(A) and (B) shall be kept for a period of not less than two (2) years and all these records shall be made available to the director upon his/her request. (6) Compliance Method.

(A) For any control technology employed to comply with this regulation, complianceshall be determined by the test methods referenced in 10 CSR 10-6.030(14)(A) for VOC.

(B) For thermal oxidizers, complianceshall be determined by the combustion chamber temperature and residence time after adequate test results, as determined by the director, are provided by the owners or operators. These test results shall be subject to periodic confirmation at the discretion of the director. Combustion chamber gas temperature shall be monitored with an accuracy of the greaterof ± 0.75% of the temperature being measured expressed in degrees Celsius or 2.5 degrees Celsius. (7) Compliance Date. Compliance with this regulation by any installation subject to this regulation shall occur no later than November 23, 1987.
AUTHORITY: section 643.050, RSMo 1986.* Original rule filed July 1, 1987, effective Nov. 23, 1987.
*Original authority: 643.050, RSMo 1965, amended 1972, transferred from 203.050 in 1986, 1992, 1993.

10 CSR 10-2.330 Control of Gasoline Reid Vapor Pressure PURPOSE: This rule limits the volatility of motor vehicle gasoline in the Kansas City maintenance area. By reducing the amount of gasoline that evaporates into the atmosphere, emissions of volatile organic compounds willbe reduced. Since volatile organic compounds are precursors to ozone formation, ambient ozone levels will be reduced. This rule is intended to reduce emissions in the maintenance area as quickly as possible to reduce the risk of further ozone violations, which may prompt redesignation and/or sanctions from the U.S. Environmental Protection Agency (EPA). PUBLISHER’S NOTE: The secretary of state has determined that the publication of theentire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.This note applies only to the reference material. The entire text of the rule is printed here. (1) Applicability. This rule shall applythroughout Clay, Platte, and Jackson counties. (2) Definitions. Definitions of certain terms used in this rule can be found in 10 CSR 10- 6.020. (3) General Provisions and Effective Dates of Compliance.

(A) No person shall sell, dispense, supply, offer for sale, offer for supply, transport, or exchange in trade for use gasoline intended for final use in the applicable areas that exceeds the Reid Vapor Pressure (RVP) limit in subsection (3)(B).

(B) The RVP of gasoline subject to thisrule shall be restricted starting in 2001 as follows: RVP (psi) Facility Time Period 7.0 psi All facilities June 1 or less through September 15 (C) Gasoline blends having at least nine percent (9%) but not more than ten percent(10%) ethyl alcohol by volume of the blended mixture shall have an RVP limit of one (1) pound per square inch (psi) higher than the limit contained in subsection (3)(B). (4) Gasoline Sampling Procedures. Gasoline sampling shall follow the procedures outlined in ASTM D4057-06(2011) Standard Practice for Manual Sampling of Petroleum and Petroleum Products, as published August 2011 (Approved June 1, 2011). 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 ruledoes not incorporate any subsequent amendments or additions. (5) Gasoline Testing Procedures for RVP and Determination of Compliance.

(A) Gasoline testing shall follow the procedures contained in either ASTM D6378-10 Standard Test Method for Determination of Vapor Pressure (VPX) of Petroleum Products, Hydrocarbons, and Hydrocarbon-Oxygenate Mixtures (Triple Expansion Method), as published November 2010 (Approved October 1, 2010) or ASTM D5191-10b Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method), as published November 2010 (Approved October 1, 2010).These standards are 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.

(B) To determine compliance when field analysis indicates the RVP is between sevenand zero-tenths (7.0) psi and seven and threetenths (7.3) psi for conventional gasoline or between eight and zero-tenths (8.0) psi and eight and three-tenths (8.3) psi for nine to ten percent (9%–10%) ethyl alcohol blends, Missouri Department of Natural Resources (MDNR) will conduct additional testing. Additional testing shall include independent analysis by three (3) separate laboratories ofthree (3) independent samples taken sequentially, in accordance with sections (4) and (5) of this rule. If all of the measured RVP of the samples are above seven and zero-tenths (7.0) psi for conventional gasoline or above eight

22 CODE OF STATE REGULATIONS (6/30/13) J ASON KANDER Secretary of State 

### 10 CSR 10-2—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissionand zero-tenths (8.0) psi for nine to ten percent (9%–10%) ethyl alcohol blends, the department may take enforcement action. (6) Record Keeping.

(A) All persons subject to this rule shall maintain records of any RVP testing and testresults during the compliance period specified in section (3). These records shall be kept for at least two (2) years after the date of a completed RVP test. These records shall be made available immediately upon request for review or duplication by Department of Natural Resources personnel and city and county personnel certified under 643.140, RSMo.

(B) Each bill of lading, invoice, loading ticket, delivery ticket, and other document that accompanies a shipment of gasoline (which includes gasoline blended with ethylalcohol) shall contain a legible and conspicuous statement that the RVP of the gasoline does not exceed seven and zero-tenths (7.0)psi, in accordance with this rule for conventional gasoline, or that the RVP does not exceed eight and zero-tenths (8.0) psi for nine to ten percent (9%–10%) ethyl alcohol blends.

(C) Each bill of lading, invoice, loading ticket, delivery ticket, and other document which accompanies a shipment of gasolinecontaining ethyl alcohol shall contain a legible and conspicuous statement that the gasoline being shipped contains ethyl alcohol and that the percentage concentration of ethyl alcohol is between nine percent to ten percent (9%–10%), as required under subsection (3)(C) of this rule.

(D) All persons subject to this rule shall keep records of the bill of lading, invoice,loading ticket, delivery ticket, and other documents accompanying a shipment of gasoline during the compliance period specified in section (3). These records shall be kept for at least two (2) years after the date of delivery.These records shall be made available immediately upon request for review or duplicationby Department of Natural Resources personnel and city and county personnel certified under 643.140, RSMo.

(E) The director may require additional record keeping on a case-by-case basis. Thedirector may require records be kept for additional periods of time for enforcement compliance.(7) Violations and Penalties. Persons violating this rule shall be subject to enforcement action as authorized in 643.085 and 643.151, RSMo. (8) Exemptions. (A) Gasoline that exceeds the RVP limitswill not violate this rule if the gasoline is separately stored, sealed, clearly labeled and not used until it is in compliance with this rule.The label shall state that the gasoline is prohibited by Missouri law from being sold, dispensed, supplied, offered for sale, offered for supply, transported or exchanged in trade until the specific date that the gasoline shall be in compliance with this rule.

(B) An individual consumer of gasoline who dispenses gasoline into his/her personal motor vehicle is exempt from this rule.

(C) Gasoline used only to fuel agricultural vehicles on property zoned for agricultural use is exempt from this rule.

(D) Owners and operators of facilities that only dispense gasoline into individual motor vehicles are not required to conduct the RVP testing specified in section (5).

(E) Federal specification reformulatedgasoline (RFG) fully satisfies the requirements of section (3) of this rule. AUTHORITY: section 643.050, RSMo Supp.2012.* Original rule filed Jan. 3, 1991, effective Aug. 30, 1991. Rescinded: Filed March 15, 1995, effective Nov. 30, 1995. Readopted: Filed March 17, 1997, effective Oct. 30,1997. Amended: Filed Sept. 26, 2000, effective May 30, 2001. Amended: Filed Oct. 25, 2012, effective July 30, 2013.
*Original authority: 643.050, RSMo 1965, amended 1972, transferred from 203.050 in 1986, 1992, 1993, 1995, 2011.

10 CSR 10-2.340 Control of Emissions From Lithographic Printing Installations PURPOSE: This regulation restricts volatileorganic compound emissions from lithographic printing facilities. (1) Applicability.

(A) This regulation shall apply throughout Clay, Jackson and Platte Counties.

(B) This regulation shall apply to installations that have calculated actual volatile organic compound (VOC) emissions for a known number of crewed hours, increased bythe amount by weight of VOCs whose emission into the atmosphere is prevented by the use of air pollution control devices and extrapolated to eight thousand seven hundred sixty (8,760) hours per year equal to or greater than one hundred (100) tons per year from offset lithographic printing presses after December 9, 1991. The following factors shall be taken into consideration unless analternative method is approved by the director: 1. The installation shall assume fifty percent (50%) of the solvent used for cleanupis retained in the rag(s) when the used solvent-laden rag(s) are cleaned or disposed of. The installation must demonstrate to the director that the solvents are not evaporated into the air when the waste rags are pr operly cleaned and disposed of; 2. The installation shall assume forty percent (40%) of the heatset ink oils stay in the paper web; 3. The installation shall assume no VOCs are emitted from the inks used in sheet-fed presses and nonheatset web presses; and 4. The installation may assume that fiftypercent (50%) of the alcohol from the fountain solution is emitted from the dryer.

(C) This regulation shall not apply to—

1. Printing on fabric, metal or plastic; 2. Sheet-fed lithographic presses with cylinder widths of twenty-six inches (26") or less; or3. Web lithographic presses with cylinder widths of eighteen inches (18") or less. (2) Definitions.

(A) Alcohol—Refers to isopropanol or isopropyl alcohol;

(B) Coating—In the graphic arts industry, alayer of material that dries or cures by evaporation and is applied to a substrate over ink in a relatively unbroken film;

(C) Fountain solution—The solution which is applied to the image plate to maintain the hydrophilic properties of the nonimage areas. It is primarily water containing an etchant, gum arabic and a dampening aid;

(D) Heatset—A class of web-offset lithography which requires a heated dryer to evaporate the ink oils and solvents from the printing inks;

(E) Lithographic printing—A printing process where a planographic plate is used with the image area oleophilic and the nonimage area hydrophilic;

(F) Offset—The process that transfers animage from a plate to a rubber blanket cylinder before transfer to the substrate surface to be printed;

(G) Sheet-fed—Printing presses that are fed from a stack of paper sheets instead of a web. Sheet-fed presses generally use coldset inks; and

(H) Web—The substrate printed in a continuous roll-fed printing process.

(I) Definitions of certain terms in this rule, other than those specified in this rule section may be found in 10 CSR 10-6.020. (3) General Provisions.

CODE OF STATE REGULATIONS 23 J ASON KANDER (6/30/13) Secretary of State 

### Chapter 2—Air Quality Standards and Air Pollution Control Rules Specific to the Kansas City Metropolitan Area 10 CSR 10-2

### Order of Rulemaking 

### Compliant with 

### 643.055 RSMo, the Missouri Air Conservation Commission has determined that this action is needed to have a U

. S

. Environmental Protection Agency approved State Implementation Plan.



### 10 CSR 

### 10-2

. 330 (amendment) Control of Gasoline Reid Vapor Pressure 

### is hereby ADOPTED 

### by the Missouri Air Conservation Commission this 28 th 

### day of March, 

### 2013

.

___ ____ ________ _ , Chairman

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# G

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_ _

# ~ _____ , Vice Chairman

# ----"**--=:.....L--- =---=--** **.** _ , 

### Member

# ----**-- ---** **--- Member** **~~~~~~~ ~-** **-~ --** **-- 4_** **'** 

### Member

___________ _____________ ,Member

_______ __________________ , MemberRulemakings on Public Notice

- DNR Page 1 of 1 

### Jay Nixon, Governor Sara Parker Pauley, Director



# . 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 PubUc 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 

### 10-2.330 Control of Gasoline Reid Vapor Pressure
This proposed amendment would update a sampling procedure reference in section (4) and a test procedure reference in subsection (S)(A). These two Code of Federal Regulations (CFR) appendices referenced (40 CFR, part 80, Appendix D and Appendix E) no longer exist and will be replaced with references to current sampling and test methods. Proposed Rulemaking

- Published in Dec. 

### 3, 2012 Missouri Register. 

### prl'iitionaL Information on this rulemaking.
Submit comments now Submit written comments
Comments about this rulemaking will be accepted through close of business Feb. 

### 13, 2013.
10 CSR 

### 10-1.010 General Organization
This proposed amendment will update the public information section to reflect current notification procedures for public hearings and rules in development. In addition, the Air Program section titles and main functions will be updated to reflect the current organization structure. Proposed Rulemaking

- Published in Nov. 

### 15, 2012 Missouri Register.


### Additional InfQrmation on this rulemaking.
Submit comments now Submit written comments
Com ments about this rulemaking will be accepted through close of business Feb. 

### 13, 2013.
10 CSR 

### 10-6.191 (new rule) Sewage Sludge Incinerators

• proposed rule will incorporate by reference the regulatory requirements of 40 CFR 60, Subpart MMMM-Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units which was promulgated by the U.S. Environmental Protection Agency, or EPA, in March 

### 2011 (76 FR

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 11130/20121 

### Bechtel, Cheri

From: Missouri DNR <MODNR@public.govdelivery.com> Sent: Friday, January 04, 2013 11:15 AM To: Bechtel, Cheri Subject: Courtesy Copy: Missouri DNR Air Public Notices Update



### 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 (413 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 Tuesday, February 5, 2013 beginning at 9 a.m. at the Elm Street Conference Ce nter, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri. The commission will hear testimony related to the fo llowing proposed action(s): * 10 CSR 10-1.010 (a mendment) General Organization
The above rule action will not be submitted for incl usion in the Missouri State Implementation Plan because it has no bearing on attainment or mainte nance of National Ambient Air Quality Standards and does not revise provisions in any approved state plan. * 10 CSR 10-2.330 (amendment) C ontrol of Gasoline Reid Vapor Pressure * Missouri State Implementation Plan Revi sion – Attainment Demonstration for the 2008 Lead National Ambient Air Quality Standard – Buick/Vi burnum Trend Lead Nonattainment Area * Missouri State Implementation Plan Revi sion – Attainment Demonstration for the 2008 Lead National Ambient Air Quality Standard – Herculaneum Lead Nonattainment Area * Missouri State Implementation Plan Revisi on – Early Progress Plan for the Missouri Portion of the St. Louis Nonattainment Area for the 2008 8-Hour Ground-Level Ozone National Ambient Air Quality Standard 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.2 

### Documents for the above item(s) will be available for review at the Missour i Department of Natural Resources, Air Pollution Control Pr ogram, 1659 Elm Street, Jefferson Cit y, (573) 751-4817 and in the Public N otices section of the program web site http://dnr.mo.gov/env/ap cp/public-notices.htm . This information will be available at least 30 days pr ior to the public hearing date. The Department will accept written or email comments for the record until 5 p.m. on February 13, 2013. Please send written comments to Chief, Air Quality Planning Section, Air Polluti on 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 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. 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 support@govdelivery.com

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.PUBLIC HEARING 2/5/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 1 1 DEPARTMENT OF NATURAL RESOURCES
2 MISSOURI AIR CONSERVATION COMMISSION
3
4 5 10 CSR 10-1.010 General Organization 6 10 CSR 10-2.330 Control of Gasoline Reid Vapor
7 Pressure 8 Missouri State Implementation Plan Revisions 9 Missouri State Implementation Plan Revision - Early 10 Progress Plan
11 12 Public Hearing
1730 East Elm Street 13 Jefferson City, Missouri February 5, 2013
14 9 a.m.
15
16 Before: 17 Ron Boyer, Chairman Mark S. Garnett (by phone) 18 Jack Baker Gary Pendergrass
19
20 21 Reported by: Melissa Bennett 22 Midwest Litigation Services 3432 West Truman Boulevard, Suite 207 23 Jefferson City, MO 65109 (573)636-7551
24
25PUBLIC HEARING 2/5/2013

Page 3 > 1 PRO C E E DIN G S 

## I!
I 2 (Proceedings commenced at 9:38 a.m.)

3 CHAIRMAN BOYER: I call the public hearing

4 to order. I have to read my statement first. Let the

5 record show the following commissioners are present:

6 Ron Boyer, Jack Baker, Mark Garnett, and Gary

7 Pendergrass. The Air Commission of the State of

8 Missouri has called this public hearing pursuant to
9 Section 643.070, Revised Statutes of Missouri; EPA

10 promulgated Rule 40 CFR 51.102 for the purpose of

11 hearing testimony related to 10 CSR 10-1.010,

12 10 CSR 10-2.330, and the Missouri State Implementation

13 Plan Revisions Attainment Demonstrations for the 2008

14 Lead National Ambient Air Quality Standard, Missouri

15 State Implementation Plan Revision Early

-- this is a
16 separate item

-- Missouri State Implementation Plan

17 Revision Early Progress Plan for the Missouri Portion

18 of the St. Louis Nonattainment Area for the 2008

19 8-hour Ground Level Ozone National Ambient Air Quality

20 Standard.

21 The hearing record will close at 5 p.m. on
22 February 12, 2013. Anyone who has not been scheduled

23 to appear, but who wishes to be heard, should indicate

24 that you wish to speak on the sign-in sheets available

25 at the door.

www.midwestlitigation.com MIDWEST LITIGATION SERVICES Phone: 1.800.280.3376 Fax: 314.644.1334PUBLIC HEARING 2/5/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 6 1 SIP, information to the public and interested parties.
2 Public hearing notices for rule and SIP actions are
3 now being posted on the program's website and sent via
4 e-mail to a distribution list that includes required
5 parties and other interested stakeholders.
6 Notifications for the availability of draft rule text
7 and regulatory impact reports for public review and
8 comment are being published in the Jefferson City,
9 Missouri, newspaper.
10 In addition, the Air Program section titles
11 and functions will be updated to incorporate changes

12 made since the last rule amendment in 1998. At the
13 same time as the above revisions are being made, the
14 existing rule information will be rearranged to
15 conform to the standard rule organization format.
16 This concludes my testimony. I will be
17 happy to answer any questions you might have specific
18 to the proposed amendment.
19 CHAIRMAN BOYER: Any questions? Paul,
20 we're ready for you.
21 MR. MYERS: My name is Paul Myers, and I
22 work as an environmental specialist with the Air
23 Pollution Control Program located at 1659 East Elm
24 Street in Jefferson City, Missouri. I'm here today to
25 present testimony on a proposed amendment to 10 CSRPUBLIC HEARING 2/5/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 7 1 10-2.330, Control of Gasoline Reid Vapor Pressure.
2 The rule text can be found beginning on page 121 of
3 your briefing document.
4 This rule limits the volatility of motor
5 vehicle gasoline in the Kansas City maintenance area.
6 By reducing the amount of gasoline that evaporates
7 into the atmosphere, emissions of volatile organic
8 compounds will be reduced. Since volatile organic
9 compounds are precursors to ozone formation, ambient

10 ozone levels will be reduced. This amendment will
11 update sampling and test methods used to verify
12 compliance with the standards in the rule.
13 The proposed amendment would amend a
14 sampling procedure reference in Section 4 and a test
15 procedure reference in Subsection 5A. These two code
16 of Federal Regulations appendices referenced (40 CFR,
17 Part 80, Appendix D and Appendix E) no longer exist
18 and will be replaced with references to current
19 American Society for Testing and Materials, or ASTM,
20 sampling and test methods.
21 The sampling procedure reference to
22 Appendix D will be replaced with ASTM D4057, Manual
23 Sampling for Petroleum and Petroleum Products. The
24 test procedure reference to Appendix E would be
25 replaced by referencing two test methods: ASTM D6378,Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 2—Air Quality Standards and Air Pollution Control Rules Specific to the Kansas City Metropolitan Area
PROPOSED AMENDMENT 10 CSR 10-2.330 Control of Gasoline Reid Vapor Pressure . The commission proposes to amend the purpose; section (4); subsections (5)(A), (6)(A), and (6)(D); and section (7). 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 ImplementationPlan. 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 limits the volatility of motor vehicle gasoline inthe Kansas City maintenance area. By reducing the amount of gasoline that evaporates into the atmosphere, emissions of volatile organic compounds will be reduced. Since volatile organic compounds are precursors to ozone formation, ambient ozone levels will be reduced. This rule is intended to reduce emissions in the maintenance area as quickly as possible to reduce the risk of further ozone violations, which may prompt redesignation and/or sanctions from the U.S. Environmental Protection Agency (EPA). This amendment updates a sampling procedure reference and a test procedure reference. These two (2) appendices referenced (40 CFR, part 80, Appendix D and Appendix E) no longer exist and will be replaced with references to current sampling and test methods. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is a rule comment form dated April 16, 2012, from Missouri Department of Natural Resources staff noting the discrepancy in the references and Federal Register Notice 67 FR 8729, dated February 26, 2002. PURPOSE: This rule limits the volatility of motor vehicle gasoline inthe Kansas City maintenance area. By reducing the amount of gasoline that evaporates into the atmosphere, emissions of volatile organic compounds will be reduced. Since volatile organic compounds are precursors to ozone formation, ambient ozone levels will be reduced. This rule is intended to reduce emissions in the maintenance area as quickly as possible to reduce the risk of further ozone violations, which may prompt redesignation and/or sanctions from the U.S. Environmental Protection Agency (EPA). PUBLISHER’S NOTE: The secretary of state has determined thatthe 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 morethan the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (4) Gasoline Sampling Procedures. Gasoline sampling shall follow the procedures outlined in [“Sampling Procedures for Fuel Volatility,” 40 CFR part 80, Appendix D] ASTM D4057- 06(2011) Standard Practice for Manual Sampling of Petroleum and Petroleum Products, as published August 2011 (Approved June 1, 2011). 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. (5) Gasoline Testing Procedures for RVP and Determination of Compliance.

(A) Gasoline testing shall follow the procedures contained in [“Tests for Determining Reid Vapor Pressure (RVP) of Gasoline and Gasoline-Oxygenate Blends,” 40 CFR, part 80, Appendix E] either ASTM D6378-10 Standard Test Method for Determination of Vapor Pressure (VPX) of Petroleum Products, Hydrocarbons, and Hydrocarbon-Oxygenate Mixtures (Triple Expansion Method), as published November 2010 (Approved October 1, 2010) or ASTM D5191-10b Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method), as published November 2010 (Approved October 1, 2010). These standards are 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. (6) Record Keeping.

(A) All persons subject to this rule shall maintain records of any RVP testing and test results during the compliance period specified in section (3). These records shall be kept for at least two (2) years after the date of a completed RVP test. These records shall be made available immediately upon request for review or duplication byDepartment of Natural Resources personnel and city and county personnel certified under [section] 643.140, RSMo.

(D) All persons subject to this rule shall keep records of the billof lading, invoice, loading ticket, delivery ticket, and other documents accompanying a shipment of gasoline during the compliance period specified in section (3). These records shall be kept for at least two (2) years after the date of delivery. These records shall be made available immediately upon request for review or duplication by Department of Natural Resources personnel and city and county personnel certified under [section] 643.140, RSMo.(7) Violations and Penalties. Persons violating this rule shall be subject to enforcement action as authorized in [sections] 643.085 and 643.151, RSMo. AUTHORITY: section 643.050, RSMo Supp. [1999] 2012 . Original rule filed Jan. 3, 1991, effective Aug. 30, 1991. Rescinded: Filed March 15, 1995, effective Nov. 30, 1995. Readopted: Filed March 17, 1997, effective Oct. 30, 1997. Amended: Filed Sept. 26, 2000, effective May 30, 2001. Amended: Filed Oct. 25, 2012.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., February 5, 2013. The public hearing will be held at the Elm Street Conference Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri.Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit a written or email statement of their views until 5:00 p.m., February 13, 2013. 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. 

### Page 1769 December 3, 2012 Vol. 37, No. 23 Missouri RegisterTitle 2—DEPARTMENT OF AGRICULTURE Division 30—Animal Health Chapter 10—Food Safety and Meat Inspection
ORDER OF RULEMAKINGBy the authority vested in the Director of the Department of Agriculture under section 265.020, RSMo 2000, the director amends a rule as follows:

2 CSR 30-10.010 Inspection of Meat and Poultry is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on January 2, 2013 (38 MoReg 82). 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 Department of Agriculture received one (1) comment on the proposed amendment.COMMENT #1: The Missouri Association of Meat Processors submitted a letter of support for the proposed amendment made to 2 CSR 30-10.010 Inspection of Meat and Poultry. RESPONSE: The Missouri Department of Agriculture appreciates the support.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 1—Organization
ORDER OF RULEMAKING By the authority vested in the Missouri Air Conservation Commission under section 643.050, RSMo Supp. 2012, the commission amends a rule as follows:
10 CSR 10-1.010 is amended. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on November 15, 2012 (37 MoReg 1646–1648). Those sections with changes are reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

. SUMMARY OF COMMENTS: The Missouri Department of Natural Resources’ Air Pollution Control Program received one (1) comment from the U.S. Environmental Protection Agency (EPA).COMMENT #1: EPA suggested adding language to the public information subsection to specify how interested persons can be added to the email distribution list for public hearing notices. RESPONSE AND EXPLANATION OF CHANGE: In response to EPA’s comment, language was added to paragraph (3)(C)2. of the public information subsection to contact the Air Pollution Control Program Air Quality Planning Section Chief to be added to the email distribution list. 10 CSR 10-1.010 General Organization (3) General Provisions.

(C) Public Information. The Air Pollution Control Program provides information to the public as follows: 1. Publish a notice in the Jefferson City, Missouri newspaper toprovide information on how the public may review and provide comment on draft rule text and Regulatory Impact Reports for a period of at least sixty (60) days; 2. Post public hearing notices for rule and SIP actions at least thirty (30) days prior to public hearing on the Air Pollution ControlProgram’s website and send via email to established program distribution list that includes required parties and other interested stakeholders. These notices provide information on timing of proposed MACC actions and how the public may participate in all rulemaking and SIP actions. Contact the Air Pollution Control Program Air Quality Planning Section Chief to be added to the email distribution list; 3. Publish in the Missouri Register

— A. Proposed rule actions at least thirty (30) days prior to a public hearing; and B. Final rule actions adopted by MACC with recognition of public hearing comments; 4. Provide construction and operating permit notices as described in 10 CSR 10-6.060 Construction Permits Required and 10 CSR 10-6.065 Operating Permits;5. Present any revision to department-supplied forms to the regulated community for a forty-five (45)-day comment period; and 6. Make all records retained for or by the Air Pollution Control Program available for public inspection and copying by any person, except for records which either are required to be or which may be kept confidential under Missouri law.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 2—Air Quality Standards and Air Pollution Control Rules Specific to the Kansas City Metropolitan Area
ORDER OF RULEMAKING By the authority vested in the Missouri Air Conservation Commission 839 

# Orders of Rulemaking


# T his section will contain the final text of the rules proposedby agencies. The order of rulemaking is required to contain a citation to the legal authority upon which the order of rulemaking is based; reference to the date and page or pages where the notice of proposed rulemaking was published in the Missouri Register ; an explanation of any change betweenthe text of the rule as contained in the notice of proposed rulemaking and the text of the rule as finally adopted, together with the reason for any such change; and the full text of any section or subsection of the rule as adopted which has beenchanged from that contained in the notice of proposed rulemaking. The effective date of the rule shall be not less than thirty (30) days after the date of publication of the revision to the Code of State Regulations

. 

# T he agency is also required to make a brief summary of the general nature and extent of comments submitted in support of or opposition to the proposed rule and a concise summary of the testimony presented at the hearing, if any,held in connection with the rulemaking, together with a concise summary of the agency’s findings with respect to the merits of any such testimony or comments which are opposed in whole or in part to the proposed rule. The ninety- (90-) day period during which an agency shall file its Order of Rulemaking for publication in the Missouri Register begins either: 1) after the hearing on the Proposed Rulemaking is held; or 2) at the end of the time for submission of comments to the agency. During this period, the agency shall file with the secretary of state the order of rulemaking, either putting the proposed rule into effect, with or without further changes, or withdrawing the proposed rule. June 3, 2013 Vol. 38, No. 11 M ISSOURI R EGISTERJune 3, 2013 Vol. 38, No. 11
under section 643.050, RSMo Supp. 2012, the commission amends a rule as follows:
10 CSR 10-2.330 Control of Gasoline Reid Vapor Pressure is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on December 3, 2012 (37 MoReg 1769). No changes have been made in the text of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

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

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 40—Land Reclamation Commission Chapter 3—Permanent Performance Requirements for Surface Coal Mining and Related Activities

ORDER OF RULEMAKING By the authority vested in the Land Reclamation Commission under section 444.530, RSMo 2000, and section 444.767, RSMo Supp. 2012, the commission amends a rule as follows:

10 CSR 40-3.040 Requirements for Protection of the Hydrologic Balance is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on January 15, 2013 (38 MoReg 177–178). No changes have been made in the textof the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

. SUMMARY OF COMMENTS: No comments were received.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 40—Land Reclamation Commission Chapter 3—Permanent Performance Requirements for Surface Coal Mining and Related Activities

ORDER OF RULEMAKING By the authority vested in the Land Reclamation Commission under section 444.530, RSMo 2000, and section 444.767, RSMo Supp. 2012, the commission amends a rule as follows:

10 CSR 40-3.060 Requirements for the Disposal of Excess Spoil is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on January 15, 2013 (38 MoReg 178). 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: No comments were received. Title 10—DEPARTMENT OF NATURAL RESOURCES Division 40—Land Reclamation Commission Chapter 3—Permanent Performance Requirements for Surface Coal Mining and Related Activities ORDER OF RULEMAKING By the authority vested in the Land Reclamation Commission under section 444.530, RSMo 2000, and section 444.767, RSMo Supp. 2012, the commission amends a rule as follows:
10 CSR 40-3.170 Signs and Markers for Underground Operations is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on January 15, 2013 (38 MoReg 178). 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: No comments were received.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 40—Land Reclamation Commission Chapter 3—Permanent Performance Requirements for Surface Coal Mining and Related Activities ORDER OF RULEMAKING By the authority vested in the Land Reclamation Commission under section 444.530, RSMo 2000, and section 444.767, RSMo Supp. 2012, the commission amends a rule as follows:

10 CSR 40-3.180 Casing and Sealing of Exposed Underground Openings is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on January 15, 2013 (38 MoReg 178–179). No changes have been made in the textof the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

. SUMMARY OF COMMENTS: No comments were received.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 40—Land Reclamation Commission Chapter 3—Permanent Performance Requirements for Surface Coal Mining and Related Activities ORDER OF RULEMAKING By the authority vested in the Land Reclamation Commission under section 444.530, RSMo 2000, and section 444.767, RSMo Supp. 2012, the commission amends a rule as follows:

10 CSR 40-3.200 Requirements for Protection of the Hydrologic Balance for Underground Operations is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on January 15, 2013 (38 MoReg 179–181). No changes have been made in the textof the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

. SUMMARY OF COMMENTS: No comments were received. 

### Page 840 Orders of Rulemaking

### 10 CSR 10-2.330 Control of Gasoline Reid Vapor Pressure

(1) Applicability. This rule shall apply throughout Clay, Platte and Jackson counties.
(2) Definitions. Definitions of certain terms used in this rule can be found in 10 CSR 10-6.020.
(3) General Provisions and Effective Dates of Compliance.
(A) No person shall sell, dispense, supply, offer for sale, offer for supply, transport or exchange in trade for use gasoline intended for final use in the applicable areas that exceeds the Reid Vapor Pressure (RVP) limit in subsection (3)(B).
(B) The RVP of gasoline subject to this rule shall be restricted starting in 2001 as follows:

**RVP (psi) Facility Time Period**  7.0 psi or less All facilities June 1 through September 15
(C) Gasoline blends having at least nine percent (9%) but not more than ten percent (10%) ethyl alcohol by volume of the blended mixture shall have an RVP limit of one (1) pound per square inch (psi) higher than the limit contained in subsection (3)(B).
(4) Gasoline Sampling Procedures. Gasoline sampling shall follow the procedures outlined in “Sampling Procedures for Fuel Volatility,” 40 CFR part 80, Appendix D **ASTM D4057-06(2011)** Standard Practice for Manual Sampling of Petroleum and Petroleum Products, **as published August 2011 (Approved June 1, 2011). 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** 

. (5) Gasoline Testing Procedures for RVP and Determination of Compliance.
(A) Gasoline testing shall follow the procedures contained in “Tests for Determining Reid Vapor Pressure (RVP) of Gasoline

### 10 CSR 10-2.330

2 and Gasoline-Oxygenate Blends,” 40 CFR, part 80, Appendix E **either ASTM D6378-10** Standard Test Method for Determination of Vapor Pressure (VPX) of Petroleum Products, Hydrocarbons, and Hydrocarbon-Oxygenate Mixtures (Triple Expansion Method), **as published November 2010 (Approved October 1, 2010) or ASTM**  **D5191-10b** Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method), **as published November 2010 (Approved October 1, 2010). These standards are 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** 

. (B) To determine compliance when field analysis indicates the RVP is between seven and zero-tenths (7.0) psi and seven and three-tenths (7.3) psi for conventional gasoline or between eight and zero-tenths (8.0) psi and eight and three-tenths (8.3) psi for nine to ten percent (9%–10%) ethyl alcohol blends, Missouri Department of Natural Resources (MDNR) will conduct additional testing. Additional testing shall include independent analysis by three (3) separate laboratories of three (3) independent samples taken sequentially, in accordance with sections (4) and (5) of this rule. If all of the measured RVP of the samples are above seven and zero-tenths (7.0) psi for conventional gasoline or above eight and zero-tenths (8.0) psi for nine to ten percent (9%–10%) ethyl alcohol blends, the department may take enforcement action.
(6) Record Keeping.
(A) All persons subject to this rule shall maintain records of any RVP testing and test results during the compliance period specified in section (3). These records shall be kept for at least two (2) years after the date of a completed RVP test. These records shall be made available immediately upon request for review or duplication by Department of Natural Resources personnel and city and county personnel certified under section 643.140, RSMo.
(B) Each bill of lading, invoice, loading ticket, delivery ticket, and other document that accompanies a shipment of gasoline (which includes gasoline blended with ethyl alcohol) shall contain a legible and conspicuous statement that the RVP of the gasoline does not exceed seven and zero-tenths (7.0) psi, in accordance with this rule for conventional gasoline, or that the RVP does not exceed eight and zero-tenths (8.0) psi for nine to ten percent (9%–10%) ethyl alcohol blends.

### 10 CSR 10-2.330

3 (C) Each bill of lading, invoice, loading ticket, delivery ticket, and other document which accompanies a shipment of gasoline containing ethyl alcohol shall contain a legible and conspicuous statement that the gasoline being shipped contains ethyl alcohol and that the percentage concentration of ethyl alcohol is between nine percent to ten percent (9%–10%), as required under subsection (3)(C) of this rule.
(D) All persons subject to this rule shall keep records of the bill of lading, invoice, loading ticket, delivery ticket, and other documents accompanying a shipment of gasoline during the compliance period specified in section (3). These records shall be kept for at least two (2) years after the date of delivery. These records shall be made available immediately upon request for review or duplication by Department of Natural Resources personnel and city and county personnel certified under section 643.140, RSMo.
(E) The director may require additional record keeping on a case-by-case basis. The director may require records be kept for additional periods of time for enforcement compliance.
(7) Violations and Penalties. Persons violating this rule shall be subject to enforcement action as authorized in sections 643.085 and 643.151, RSMo.
(8) Exemptions.
(A) Gasoline that exceeds the RVP limits will not violate this rule if the gasoline is separately stored, sealed, clearly labeled and not used until it is in compliance with this rule. The label shall state that the gasoline is prohibited by Missouri law from being sold, dispensed, supplied, offered for sale, offered for supply, transported or exchanged in trade until the specific date that the gasoline shall be in compliance with this rule.
(B) An individual consumer of gasoline who dispenses gasoline into his/her personal motor vehicle is exempt from this rule.
(C) Gasoline used only to fuel agricultural vehicles on property zoned for agricultural use is exempt from this rule.

### 10 CSR 10-2.330

4 (D) Owners and operators of facilities that only dispense gasoline into individual motor vehicles are not required to conduct the RVP testing specified in section (5).
(E) Federal specification reformulated gasoline (RFG) fully satisfies the requirements of section (3) of this rule.