## Mr. Karl Brooks Page Two

enforcement authority for 10 CSR 10-6.075 as per our Maximwn Achievable Control Technology delegation agreement dated May 28, 1 However, until adequate additional is obtained to support the increased work load associated with enforcement of the GACT requirements, we are not delegation of enforcement authority the area

source requirements. Specifically, we are not accepting delegation of enforcement authority for the GACT source) requirements updated through February 16, 2012, in 40 63. Even though we are not accepting delegation ofGACT (area source) requirements our intention is to conduct appropriate under our V for any HAP area sources which

are otherwise Part 70 sources our

Compliant with the April 6, 2011 state implementation plan regional consistency memo, an exact duplicate submittal is being provided as an electronic attachment an to Region VII Missouri coordinator.

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

contact Wendy Vit, with the Department's Air Pollution Control Program at P.O. Box 176, Jefferson City, MO 102 or by phone at (573) 751-7840.

Sincerely,**AI~ P~UTION**  

## CONTROL PROGRAM

# 4(~o;eZY~
Director

KLM:spc

Copy of published in Copy of commission signature certifying Missouri Air Conservation Commission adoption Copy technical support docwnentation for rule (if applicable) Copies of public notices Copy of public hearing transcript introductory statement Copy ofMO Reg proposed rulemaking Copy ofMO Reg ofrulemaking with comments/responses

c: Missouri Air Conservation Commissionthe permitting authority shall issue a draftpermit and solicit comment from the applicant, affected states, and the public as follows: 1. The permitting authority shall provide notice to the public by— A. Making available in at least one (1) location in the area in which the installation is located a public file containing copies of all materials that the applicant has submittedother than those granted confidential treatment, copies of the preliminary determination and draft permit, modified permit, or permit renewal, and a copy or summary of other materials, if any, considered in making the preliminary permit determination; or B. State publication or web site designed to give general public notice details of the proposed action or publishing in at least one (1) newspaper of general circulationin the area in which the installation is located, a notice of the application, the preliminary permit determination, the location of the public file, the procedures for submitting written comments and for requesting a public hearing, and the date, time, and location for a public hearing if one is to be held. 2. Copies of the notice required shall besent to the applicant and to the representatives of affected states designated by those states to receive the notices.

(B) Public Notice. The public notice shall establish a period of not less than thirty (30) days following publication of the notice for the submission of written comments, and shall identify the affected installation, thename and address of the applicant or permittee, the name and address of a permitting authority representative with responsibility for the permitting action, the activity(ies) involved in the permit action, the emissions change involved in any permit modification and the location of the public file.

(C) Public Hearing Opportunity. The permitting authority shall hold an informal public hearing on the draft permit, modified permit, or permit renewal if— 1. A timely request is made for such a hearing during the public comment period; and 2. The person requesting the hearingidentifies material issues concerning the preliminary permit determination and the permitting authority determines that a public hearing will be useful in resolving those issues.

(D) Time of Public Hearing. Any public hearing held under this section shall be held no earlier than the thirty-first day following publication of the public notice and no later than the thirtieth day preceding the deadline for the draft permit, modified permit, or permit renewal under this section.

(E) Scope of Public Hearing. The permitting authority may limit participation at the public hearing to issues raised in writtencomments submitted during the public comment period. The officer conducting the hearing, as appropriate, may impose additional limitations, including time restrictions.

(F) Applicant’s Opportunity to Respond to Comments. The applicant shall be afforded an opportunity to submit, within ten (10) days following the close of the public comment period or the public hearing, whichever is later, a response to any comments made.

(G) Consideration of Comments Received. The permitting authority shall consider all comments submitted by the applicant, the public, and affected states in reaching its finaldetermination and issuing the proposed permit, modified permit, or permit renewal for the administrator’s review. The permittingauthority shall maintain a list of all commenters and a summary of the issues raised and shall make that information available inthe public file and supply it to the administrator upon request.

(H) Written Response to Comments. At thetime a draft permit, modified permit, or permit renewal is proposed for the administrator’s review, the permitting authority shallissue a written response to all comments submitted by affected states and all significant comments submitted by the applicant and the public. Copies of this written response shall be provided to the administrator, affected states, and the applicant and a copy shall be placed in the public file.

AUTHORITY: section 643.050, RSMo Supp. 2011.* Original rule filed Sept. 2, 1993, effective May 9, 1994. Amended: Filed June 5, 1995, effective Jan. 30, 1996. Amended: Filed Oct. 3, 1995, effective June 30, 1996. Amended: Filed Aug. 14, 1997, effective April 30, 1998. Amended: Filed Sept. 22, 1999, effective May 30, 2000. Amended: Filed Sept. 4, 2001, effective May 30, 2002. Amended: Filed July 19, 2002, effective April 30, 2003. Amended: Filed March 5, 2003, effective Oct. 30, 2003. Amended: Filed Dec.14, 2004, effective Sept. 30, 2005. Emergency amendment filed Dec. 15, 2010, effective Jan. 3, 2011, expired July 1, 2011. Amended: Filed Nov. 30, 2010, effective Aug. 30, 2011. Amended: Filed Jan. 31, 2012, effective Sept. 30, 2012.

*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011.

10 CSR 10-6.070 New Source Performance Regulations PURPOSE: This rule establishes acceptable design and performance criteria for specified new or modified emission sources.

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.

(A) The provisions of 40 CFR 60 promulgated as of June 30, 2011, and Federal Register Notice 77 FR 9304 promulgated February 16, 2012, 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.

(B) Exceptions to subsection (1)(A) of this rule are as follows: 1. Sections 60.4, 60.9, and 60.10 of subpart A; 2. Subpart B in its entirety;3. Those provisions which are not delegable by the United States Environmental Protection Agency (EPA); and4. Incinerators which are subject to Hazardous Waste Management Commission rule 40 CFR 264, subpart O, as incorporated in 10 CSR 25-7.264, shall not be subjected to the requirements of this rule. The exemptionsgranted under 40 CFR 264.340(b), as incorporated in 10 CSR 25-7.264, are subject to this rule. All other applicable requirements of this chapter shall remain in effect as to the incinerators.

(C) In addition to complying with the provisions of this rule, affected sources may berequired to obtain an operating permit pursuant to Title V of the Clean Air Act Amendments or 10 CSR 10-6.065.

(D) Where emission limitations, test procedure, or other requirements found in both subsection (1)(A) of this rule and in another rule under Title 10 Division 10 of the Code of State Regulations are applicable to an emission source, the more restrictive rule requirement shall be applied.

(2) Definitions. Certain terms used in 40 CFR part 60 refer to federal officers, agen cies, and

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## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation CommissionCODE OF STATE REGULATIONS 89 R OBIN C ARNAHAN (11/30/12) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6

publications. The following terms applicableto Missouri shall be substituted where appropriate for the delegable federal counterparts:

(A) Director shall be substituted for Administrator;

(B) Missouri Department of Natural Resources shall be substituted for EPA, EPA Regional Office, or Environmental Protection Agency; and

(C) Missouri Register shall be substituted for Federal Register

. (3) General Provisions. The following are the New Source Performance Standards (NSPS) 40 CFR part 60 subparts that are adopted by reference in subsection (1)(A) of this rule. Individual source operations or installations in these categories are subject to this rulebased on date of commencement of construction and other category specific parameters, as specified in the applicable subpart:

Subpart Title(D) Standards of Performance for FossilFuel-Fired Steam Generators for Which Construction is Commenced After August 17, 1971

(Da) Standards of Performance for Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978

(Db) Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units

(Dc) Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units

(E) Standards of Performance for Incinerators

(Ea) Standards of Performance for Municipal Waste Combustors for Which Construction is Commenced After December 20, 1989 and on or Before September 20, 1994

(Eb) Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996

(Ec) Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996

(F) Standards of Performance for Portland Cement Plants

(G) Standards of Performance for Nitric Acid Plants

(H) Standards of Performance for Sulfuric Acid Plants

(I) Standards of Performance for Hot Mix Asphalt Facilities

(J) Standards of Performance for Petroleum Refineries (Ja) Standards of Performance forPetroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007

(K) Standards of Performance for Sto rage Vessels for Petroleum Liquids for WhichConstruction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978

(Ka) Standards for Performance for Storage Vessels for Petroleum Liquids for WhichConstruction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984

(Kb) Standards of Performance for Volatile Organic Liquid Sto rage V essels (Including Petroleum Liquid Sto rage V essels) for WhichConstruction, Reconstruction, or Modification Commenced After July 23, 1984

(L) Standards of Performance for Secondary Lead Smelters

(M) Standards of Performance for Secondary Brass and Bronze Production Plants

(N) Standards of Performance for PrimaryEmissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973

(Na) Standards of Performance for Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983

(O) Standards of Performance for Sewage Treatment Plants

(P) Standards of Performance for Primary Copper Smelters

(Q) Standards of Performance for Primary Zinc Smelters

(R) Standards of Performance for Primary Lead Smelters

(S) Standards of Performance for Primary Aluminum Reduction Plants

(T) Standards of Performance for the Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants

(U) Standards of Performance for thePhosphate Fertilizer Industry: Superphosphoric Acid Plants

(V) Standards of Performance for the Phosphate Fertilizer Industry: Diammonium Phosphate Plants

(W) Standards of Performance for thePhosphate Fertilizer Industry: Triple Superphosphate Plants

(X) Standards of Performance for the Phosphate Fertilizer Industry: Granular Triple Superphosphate Sto rage F acilities (Y) Standards of Performance for Coal Preparation Plants

(Z) Standards of Performance for Ferroalloy Production Facilities (AA) Standards of Performance for Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974, and On or Before August 17, 1983

(AAa) Standards of Performance for SteelPlants: Electric Arc Furnaces and ArgonOxygen Decarburization Vessels Constructed After August 17, 1983

(BB) Standards of Performance for Kraft Pulp Mills

(CC) Standards of Performance for Glass Manufacturing Plants

(DD) Standards of Performance for Grain Elevators

(EE) Standards of Performance for Surface Coating of Metal Furniture

(GG) Standards of Performance for Stationary Gas Turbines

(HH) Standards of Performance for Lime Manufacturing Plants

(KK) Standards of Performance for LeadAcid Battery Manufacturing Plants

(LL) Standards of Performance for Metallic Mineral Processing Plants

(MM) Standards of Performance for Automobile and Light Duty Truck Surface Coating Operations

(NN) Standards of Performance for Phosphate Rock Plants

(PP) Standards of Performance for Ammonium Sulfate Manufacture

(QQ) Standards of Performance for theGraphic Arts Industry: Publication Rotogravure Printing

(RR) Standards of Performance for Pressure Sensitive Tape and Label Surface Coating Operations

(SS) Standards of Performance for Industrial Surface Coating: Large Appliances

(TT) Standards of Performance for Metal Coil Surface Coating

(UU) Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture

(VV) Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry

(VVa) Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006

(WW) Standards of Performance for the Beverage Can Surface Coating Industry

(XX) Standards of Performance for Bulk Gasoline Terminals

(AAA) Standards of Performance for New Residential Wood Heaters

(BBB) Standards of Performance for the Rubber Tire Manufacturing Industry(DDD) Standards of Performance forVolatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry

(FFF) Standards of Performance for Flexible Vinyl and Urethane Coating and Printing

(GGG) Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries

(GGGa) Standards of Performance for Equipment Leaks of VOC in PetroleumRefineries for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006

(HHH) Standards of Performance for Synthetic Fiber Production Facilities

(III) Standards of Performance for Volatile Organic Compound (VOC) Emissions Fromthe Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes

(JJJ) Standards of Performance for Petroleum Dry Cleaners

(KKK) Standards of Performance for Equipment Leaks of VOC From Onshore Natural Gas Processing Plants

(LLL) Standards of Performance for Onshore Natural Gas Processing: SO 2 Emissions

(NNN) Standards of Performance forVolatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations

(OOO) Standards of Performance for Nonmetallic Mineral Processing Plants

(PPP) Standard of Performance for Wool Fiberglass Insulation Manufacturing Plants

(QQQ) Standards of Performance for VOCEmissions From Petroleum Refinery Wastewater Systems

(RRR) Standards of Performance for Volatile Organic Compound Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes

(SSS) Standards of Performance for Magnetic Tape Coating Facilities

(TTT) Standards of Performance for Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines

(UUU) Standards of Performance for Calciners and Dryers in Mineral Industries

(VVV) Standards of Performance for Polymeric Coating of Supporting Substrates Facilities

(WWW) Standards of Performance for Municipal Solid Waste Landfills

(AAAA) Standards of Performance for Small Municipal Waste Combustion Units for Which Construction is Commenced After August 30, 1999 or for Which Modification or Reconstruction is Commenced After June 6, 2001

(CCCC) Standards of Performance forCommercial and Industrial Solid Waste Incineration Units for Which Construction Is Commenced After November 30, 1999 or for Which Modification or Reconstruction Is Commenced on or After June 1, 2001

(EEEE) Standards of Performance for Other Solid Waste Incineration Units for Which Construction Commenced AfterDecember 9, 2004, or for Which Modification or Reconstruction Is Commenced on or After June 16, 2006

(IIII) Standards of Performance for Stationary Compression Ignition Internal Combustion Engines

(JJJJ) Standards of Performance for Stationary Spark Ignition Internal Combustion Engines

(KKKK) Standards of Performance for Stationary Combustion Turbines

(LLLL) Standards of Performance for New Sewage Sludge Incineration Units

(4) Reporting. Reporting requirements are specified in each federal regulation adopted by reference.

(5) Test Methods. The sampling methods given in 40 CFR part 60, Appendix A andspecified in 10 CSR 10-6.030 shall be effective as of the date in section (1) of this rule.

AUTHORITY: section 643.050, RSMo Supp. 2011.* Original rule filed Dec. 10, 1979, effective April 11, 1980. Amended: Filed Feb. 9, 1981, effective July 11, 1981. Amended: Filed Dec. 10, 1981, effective June 11, 1982. Amended: Filed Dec. 15, 1982, effective May 12, 1983. Amended: Filed Jan. 12, 1983, effective June 11, 1983. Amended: Filed Feb. 14, 1984, effective July 12, 1984. Amended: Filed March 14, 1985, effective Aug. 26, 1985. Amended: Filed June 5, 1986, effective Sept. 26, 1986. Amended: Filed April 2, 1987, effective Aug. 27, 1987. Amended: Filed March 2, 1988, effective June 27, 1988. Amended: Filed June 6, 1989, effective Oct. 27, 1989. Amended: Filed March 31, 1992, effective Feb. 26, 1993. Amended: Filed March 25, 1993, effective Nov. 8, 1993. Amended: Filed June 30, 1994, effective Feb. 26, 1995. Amended: Filed Sept. 14, 1995, effective May 30, 1996. Amended: Filed July 15, 1997, effective Feb. 28, 1998. Amended: Filed March 15, 1999, effective Oct. 30,1999. Amended: Filed July 30, 1999, effective March 30, 2000. Amended: Filed May 15, 2000, effective Dec. 30, 2000. Amended: Filed Jan. 31, 2002, effective Sept. 30, 2002. Amended: Filed Feb. 14, 2003, effective Oct. 30, 2003. Amended: Filed Feb. 17, 2005, effective Nov. 30, 2005. Amended: Filed May 2, 2006, effective Dec. 30, 2006. Amended: Filed Dec. 6, 2006, effective Aug. 30, 2007. Amended: Filed March 25, 2008, effective Nov. 30, 2008. Amended: Filed Sept. 24, 2009, effective May 30, 2010. Amended: Filed June 18, 2010, effective Feb. 28, 2011. Amended: Filed July 1, 2011, effective Feb. 29, 2012. Amended: Filed May 15, 2012, effective Dec. 30, 2012.

*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011.

10 CSR 10-6.075 Maximum Achievable Control Technology Regulations

PURPOSE: This rule establishes emission control technology, performance criteria, and work practices to achieve emission standards for sources that emit or have the potential to emit hazardous air pollutants.

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.

(A) The provisions of 40 CFR 63 promulgated as of June 30, 2011, and Federal Register Notices 76 FR 57913, 76 FR 70834, 76 FR 72050, 76 FR 74708, 76 FR 80261, 77 FR 556, and 77 FR 9304 promulgated from July 1, 2011, through February 16, 2012, 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.

(B) Exceptions to subsection (1)(A) of this rule are as follows: 1. Sections 63.13 and 63.15(a)(2) of subpart A; and2. Those provisions which are not delegable by the United States Environmental Protection Agency (EPA).

(C) In addition to complying with the provisions of this rule, affected sources may be

90 CODE OF STATE REGULATIONS (11/30/12) R OBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissionrequired to obtain an operating permit pursuant to Title V of the Clean Air Act Amendments or 10 CSR 10-6.065.

(D) Where emission limitations, test procedures, or other requirements found in both subsection (1)(A) of this rule and in another rule under Title 10 Division 10 of the Code of State Regulations are applicable to an emission source, the more restrictive rule requirement shall be applied.

(2) Definitions. Certain terms used in 40CFR part 63 refer to federal officers, agencies, and publications. The following terms applicable to Missouri shall be substituted where appropriate for the delegable federal counterparts:

(A) Director shall be substituted for Administrator;

(B) Missouri Department of Natural Resources shall be substituted for EPA, EPA Regional Office, or Environmental Protection Agency; and

(C) Missouri Register shall be substituted for Federal Register

. (3) General Provisions. The following are the Maximum Achievable Control Technology(MACT) 40 CFR 63 subparts that are adopted by reference in subsection (1)(A) of thisrule. Individual source operations or installations in these categories are subject to this rule based on category specific parameters, as specified in the applicable subpart:

Subpart Title (F) National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry

(G) National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Sto rage V essels, Transfer Operations, and Wastewater

(H) National Emission Standards forOrganic Hazardous Air Pollutants for Equipment Leaks

(I) National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks

(L) National Emission Standards for Coke Oven Batteries

(M) National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities

(N) National Emission Standards forChromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks

(O) Ethylene Oxide Emissions Standards for Sterilization Facilities

(Q) National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers (R) National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)

(S) National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry

(T) National Emission Standards for Halogenated Solvent Cleaning

(U) National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins

(W) National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non-Nylon Polyamides Production

(X) National Emission Standards for Hazardous Air Pollutants From Secondary Lead Smelting

(Y) National Emission Standards for Marine Tank Vessel Loading Operations

(AA) National Emission Standards for Hazardous Air Pollutants From Phosphoric Acid Manufacturing Plants

(BB) National Emission Standards for Hazardous Air Pollutants From Phosphate Fertilizers Production Plants

(CC) National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries

(DD) National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations

(EE) National Emission Standards for Magnetic Tape Manufacturing Operations

(GG) National Emission Standards forAerospace Manufacturing and Rework Facilities

(HH) National Emission Standards forHazardous Air Pollutants From Oil and Natural Gas Production Facilities

(II) National Emission Standards for Shipbuilding & Ship Repair (Surface Coating)

(JJ) National Emission Standards for Wood Furniture Manufacturing Operations

(KK) National Emission Standards for the Printing and Publishing Industry

(LL) National Emission Standards forHazardous Air Pollutants for Primary Aluminum Reduction Plants

(MM) National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills

(OO) National Emission Standards for Tanks—Level 1

(PP) National Emission Standards for Containers

(QQ) National Emission Standards for Surface Impoundments

(RR) National Emission Standards for Individual Drain Systems

(SS) National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process

(TT) National Emission Standards for Equipment Leaks—Control Level 1

(UU) National Emission Standards forEquipment Leaks—Control Level 2 Standards

(VV) National Emission Standards for OilWater Separators and Organic-Water Separators

(WW) National Emission Standards for Storage V essels (Tanks)—Control Level 2 (XX) National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations

(YY) National Emission Standards forHazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards

(CCC) National Emission Standards for Hazardous Air Pollutants for Steel Pickling— HCl Process Facilities and Hydrochloric Acid Regeneration Plants

(DDD) National Emission Standards for Hazardous Air Pollutants for Mineral Wool Production

(EEE) National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors

(GGG) National Emission Standards for Pharmaceuticals Production

(HHH) National Emission Standards for Hazardous Air Pollutants From Natural Gas Transmission and Sto rage F acilities(III) National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production

(JJJ) National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins

(LLL) National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry

(MMM) National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production

(NNN) National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing

(OOO) National Emission Standards forHazardous Air Pollutant Emissions: Manufacture of Amino/Phenolic Resins

(PPP) National Emission Standards for Hazardous Air Pollutant Emissions for Polyether Polyols Production

(QQQ) National Emission Standards forHazardous Air Pollutant Emissions for Primary Copper Smelting

(RRR) National Emission Standards forHazardous Air Pollutants: Secondary Aluminum Production

(TTT) National Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting

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## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6(UUU) National Emission Standards for Hazardous Air Pollutants for PetroleumRefineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units

(VVV) National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works

(XXX) National Emission Standards forHazardous Air Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese

(AAAA) National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills

(CCCC) National Emission Standards for Hazardous Air Pollutants: Manufacturing of Nutritional Yeast

(DDDD) National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products

(EEEE) National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline)

(FFFF) National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing

(GGGG) National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil Production

(HHHH) National Emission Standards for Hazardous Air Pollutants for Wet-Formed Fiberglass Mat Production

(IIII) National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light Duty Trucks

(JJJJ) National Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating

(KKKK) National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans

(MMMM) National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products

(NNNN) National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances

(OOOO) National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics and Other Textiles

(PPPP) National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products

(QQQQ) National Emission Standards for Hazardous Air Pollutants: Surface Coating of Wood Building Products

(RRRR) National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture

(SSSS) National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil (TTTT) National Emission Standards forHazardous Air Pollutants for Leather Finishing Operations

(UUUU) National Emission Standards forHazardous Air Pollutants for Cellulose Products Manufacturing

(VVVV) National Emission Standards forHazardous Air Pollutants for Boat Manufacturing

(WWWW) National Emission Standards for Hazardous Air Pollutants: Reinforced Plastic Composites Production

(XXXX) National Emission Standards forHazardous Air Pollutants: Rubber Tire Manufacturing

(YYYY) National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines

(ZZZZ) National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines

(AAAAA) National Emission Standardsfor Hazardous Air Pollutants for Lime Manufacturing Plants

(BBBBB) National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing

(CCCCC) National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks

(DDDDD) National Emission Standards for Hazardous Air Pollutants for MajorSources: Industrial, Commercial, and Institutional Boilers and Process Heaters

(EEEEE) National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries

(FFFFF) National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing Facilities

(GGGGG) National Emission Standardsfor Hazardous Air Pollutants: Site Remediation

(HHHHH) National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing

(IIIII) National Emission Standards forHazardous Air Pollutants: Mercury Emissions From Mercury Cell Chlor-Alkali Plants

(LLLLL) National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing

(MMMMM) National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations

(NNNNN) National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production

(PPPPP) National Emission Standards for Hazardous Air Pollutants for Engine Test Cells/Stands

(QQQQQ) National Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing Facilities (RRRRR) National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing

(SSSSS) National Emissions Standards for Hazardous Air Pollutants for Refractory Products Manufacturing

(TTTTT) National Emissions Standards for Hazardous Air Pollutants for Primary Magnesium Refining

(UUUUU) National Emission Standardsfor Hazardous Air Pollutants: Coal- and OilFired Electric Utility Steam Generating Units

(WWWWW) National Emission Standards for Hospital Ethylene Oxide Sterilizers

(YYYYY) National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities

(ZZZZZ) National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources

(BBBBBB) National Emission Standardsfor Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities

(CCCCCC) National Emission Standardsfor Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities

(DDDDDD) National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources

(EEEEEE) National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting Area Sources

(FFFFFF) National Emission Standards for Hazardous Air Pollutants for Secondary Copper Smelting Area Sources

(GGGGGG) National Emission Standards for Hazardous Air Pollutants for Primary Nonferrous Metals Area Sources—Zinc, Cadmium, and Beryllium

(HHHHHH) National Emission Standards for Hazardous Air Pollutants: Paint Strippingand Miscellaneous Surface Coating Operations at Area Sources

(JJJJJJ) National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers

(LLLLLL) National Emission Standards for Hazardous Air Pollutants for Acrylic and Modacrylic Fibers Production Area Sources

(MMMMMM) National Emission Standards for Hazardous Air Pollutants for Carbon Black Production Area Sources

(NNNNNN) National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources: Chromium Compounds

(OOOOOO) National Emission Standards for Hazardous Air Pollutants for FlexiblePolyurethane Foam Production and Fabrication Area Sources

92 CODE OF STATE REGULATIONS (11/30/12) R OBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission(PPPPPP) National Emission Standards forHazardous Air Pollutants for Lead Acid Battery Manufacturing Area Sources

(QQQQQQ) National Emission Standardsfor Hazardous Air Pollutants for Wood Preserving Area Sources

(RRRRRR) National Emission Standardsfor Hazardous Air Pollutants for Clay Ceramics Manufacturing Area Sources

(SSSSSS) National Emission Standards forHazardous Air Pollutants for Glass Manufacturing Area Sources

(TTTTTT) National Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals Processing Area Sources

(VVVVVV) National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources

(WWWWWW) National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations

(XXXXXX) National Emission Standards for Hazardous Air Pollutants Area Source Standards for Nine Metal Fabrication and Finishing Source Categories

(YYYYYY) National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production Facilities

(ZZZZZZ) National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries

(AAAAAAA) National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing

(BBBBBBB) National Emission Standards for Hazardous Air Pollutants for Area Sources: Chemical Preparations Industry

(CCCCCCC) National Emission Standards for Hazardous Air Pollutants for AreaSources: Paints and Allied Products Manufacturing

(DDDDDDD) National Emission Standards for Hazardous Air Pollutants for Area Sources: Prepared Feeds Manufacturing

(EEEEEEE) National Emission Standards for Hazardous Air Pollutants: Gold Mine OreProcessing and Production Area Source Category
(4) Reporting. Reporting requirements are specified in each federal regulation adopted by reference.

(5) Test Methods. Test methods are specifiedin each federal regulation adopted by reference.
AUTHORITY: section 643.050, RSMo Supp. 2011.* Original rule filed May 1, 1996, effective Dec. 30, 1996. Amended: Filed April 14, 1998, effective Nov. 30, 1998. Amended: Filed March 15, 1999, effective Oct. 30,1999. Amended: Filed July 30, 1999, effective March 30, 2000. Amended: Filed May 15, 2000, effective Dec. 30, 2000. Amended: Filed Jan. 31, 2002, effective Sept. 30, 2002. Amended: Filed Feb. 14, 2003, effective Oct. 30, 2003. Amended: Filed Feb. 17, 2005, effective Nov. 30, 2005. Amended: Filed May 2, 2006, effective Dec. 30, 2006. Amended Filed Dec. 6, 2006, effective Aug. 30, 2007. Amended: Filed March 25, 2008, effective Nov. 30, 2008. Amended: Filed Sept. 24, 2009, effective May 30, 2010. Amended: Filed June 18, 2010, effective Feb. 28, 2011. Amended: Filed July 1, 2011, effective Feb. 29, 2012. Amended: Filed May 15, 2012, effective Dec. 30, 2012.

*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011.

10 CSR 10-6.080 Emission Standards for Hazardous Air Pollutants

PURPOSE: This rule establishes emission standards and performance criteria for new or modified sources emitting hazardous air pollutants.

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 ma terial. The entire text of the rule is printed here.

(1) Applicability.

(A) The provisions of 40 CFR 61 promulgated as of June 30, 2011, 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.

(B) Exceptions to subsection (1)(A) of this rule are as follows: 1. Sections 61.04, 61.16, and 61.17 of subpart A; 2. Subparts B, H, I, K, Q, R, T, and W in their entirety; and3. Those provisions which are not delegable by the United States Environmental Protection Agency (EPA).

(C) In addition to complying with the provisions of this rule, affected sources may berequired to obtain an operating permit pursuant to Title V of the Clean Air Act Amendments or 10 CSR 10-6.065.

(D) Where emission limitations, test procedures, or other requirements found in subsection (1)(A) of this rule and in another rule under Title 10 Division 10 of the Code of State Regulations are applicable to an emission source, the more restrictive rule requirements shall be applied.

(2) Definitions. Certain terms used in 40CFR part 61 refer to federal officers, agencies, and publications. The following terms applicable to Missouri shall be substituted where appropriate for the delegable federal counterparts:

(A) Director shall be substituted for Administrator;

(B) Missouri Department of Natural Resources shall be substituted for EPA, EPA Regional Office, or Environmental Protection Agency; and

(C) Missouri Register shall be substituted for Federal Register

. (3) The following are the National Emission Standards for Hazardous Air Pollutants (NESHAPs) 40 CFR part 61 subparts that are adopted by reference in subsection (1)(A) of this rule. Individual source operations or installations in these categories are subject tothis rule based on category specific parameters, as specified in the applicable subpart:

Subpart Title(C) National Emission Standard for Beryllium

(D) National Emission Standard for Beryllium Rocket Motor Firing

(E) National Emission Standard for Mercury

(F) National Emission Standard for Vinyl Chloride

(J) National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene

(L) National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants

(M) National Emission Standard for Asbestos

(N) National Emission Standard for Inorganic Arsenic Emissions From Glass Manufacturing Plants

(O) National Emission Standard for Inorganic Arsenic Emissions From Primary Copper Smelters

(P) National Emission Standard for Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities

(V) National Emission Standard for Equipment Leaks (Fugitive Emission Sources)

CODE OF STATE REGULATIONS 93 R OBIN C ARNAHAN (11/30/12) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6(Y) National Emission Standards for Benzene Emissions From Benzene Sto rage Vessels

(BB) National Emission Standards for Benzene Emissions From Benzene Transfer Operations

(FF) National Emission Standard for Benzene Waste Operations

(4) Reporting. Reporting requirements are specified in each federal regulation adopted by reference.

(5) Test Methods. Test methods are specifiedin each federal regulation adopted by reference.
AUTHORITY: section 643.050, RSMo Supp. 2011.* Original rule filed Dec. 10, 1979, effective April 11, 1980. Amended: Filed Feb. 9, 1981, effective July 11, 1981. Amended: Filed Dec. 10, 1981, effective June 11, 1982. Amended: Filed Jan. 12, 1983, effective June 11, 1983. Amended: Filed Feb. 14, 1984, effective July 12, 1984. Amended: Filed June 4, 1985, effective Oct. 26, 1985. Amended: Filed June 5, 1986, effective Sept. 26, 1986. Amended: Filed Feb. 4, 1987, effective May 28, 1987. Amended: Filed April 2, 1987, effective Aug. 27, 1987. Amended: Filed March 2, 1988, effective June 27, 1988. Amended: Filed June 6, 1989, effective Oct. 27, 1989. Amended: Filed May 1, 1992, effective Feb. 26, 1993. Amended: Filed March 25, 1993, effective Nov. 8, 1993. Amended: Filed June 30, 1994, effective Feb. 26, 1995. Amended: Filed Sept. 14, 1995, effective May 30, 1996. Amended: Filed July 15, 1997, effective Feb. 28, 1998. Amended: Filed March 15, 1999, effective Oct. 30,1999. Amended: Filed July 30, 1999, effective March 30, 2000. Amended: Filed May 15, 2000, effective Dec. 30, 2000. Amended: Filed Jan. 31, 2002, effective Sept. 30, 2002. Amended: Filed Feb. 14, 2003, effective Oct. 30, 2003. Amended: Filed Feb. 17, 2005, effective Nov. 30, 2005. Amended: Filed May 2, 2006, effective Dec. 30, 2006. Amended: Filed Dec. 6, 2006, effective Aug. 30, 2007. Amended: Filed March 25, 2008, effective Nov. 30, 2008. Amended: Filed Sept. 24, 2009, effective May 30, 2010. Amended: Filed June 18, 2010, effective Feb. 28, 2011. Amended: Filed July 1, 2011, effective Feb. 29, 2012. Amended: Filed May 15, 2012, effective Dec. 30, 2012.

*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011.

10 CSR 10-6.090 Restriction of Emission of Fluorides From Primary Aluminum Reduction Installations PURPOSE: This rule establishes the maximum allowable rate of primary (stack) emissions of total fluorides from primary aluminum reduction installations, except where New Source Performance Standards apply (asprovided in 10 CSR 10-6.070). Fugitive emissions (those escaping the primary collection system) for installations of the type found in Missouri have been determined to be small,due to the efficiencies of the primary collection systems and are not otherwise regulated.

(1) Application. This rule shall apply to primary (stack) emissions of total fluoride frompotroom groups and anode bake plants within a primary aluminum reduction installation constructed before August 13, 1981.

(2) Definitions of words or phrases used in this rule may be found in 10 CSR 10-6.020.

(3) Maximum allowable emission of total fluorides. Primary (stack) emissions of total fluorides from any primary aluminum reductioninstallation shall not exceed 1.25 kilograms/metric ton (2.5 pounds/ton) of aluminum produced.

(4) Time Schedule for Compliance. All sources subject to this rule shall comply by the schedule set forth as follows:

Installation of air pollution

control equipment completed September 1, 1981; Start-up period

completed December 1, 1981; Compliance testing

completed December 31, 1981.

(5) Monitoring of Operations.

(A) The owner or operator of any primary aluminum reduction installation subject to the requirements of this rule shall maintain and operate weighing devices which can be used to monthly determine the weight of aluminum produced. The weighing devices shall have an accuracy of plus or minus five percent (±5%) over their operating range.

(B) The owner or operator of any affected primary aluminum reduction installation shall maintain a record of the daily production rates of aluminum. These records shall beretained by the owner or operator for a minimum of two (2) years.

(6) Performance Testing. Compliance withthe requirements of this rule shall be determined as set forth in 10 CSR 10-6.030(13), Method 13A or 13B.

AUTHORITY: section 643.050, RSMo Supp. 1992.* Original rule filed March 11, 1981, effective Aug. 13, 1981.

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

10 CSR 10-6.100 Alternate Emission Limits

PURPOSE: This rule allows installations inozone nonattainment areas to propose alternate means of achieving reductions of volatileorganic compounds emissions to those prescribed in rules establishing volatile organic compounds limits. This rule allows greater flexibility and efficiency in attaining the ambient air quality standards.

(1) Applicability.

(A) This rule applies to installations that emit volatile organic compounds (VOC) in the ozone nonattainment areas of the state.

(B) The owner or operator of an installation may propose alternate ways of meeting VOC emission limits required in 10 CSR 10- 2 through 10 CSR 10-5. Proposals may treat several source operations within one (1) or more installations as being placed under a hypothetical dome with one (1) emission point. Emission levels within the dome may be increased and decreased so long as thetotal emissions from the hypothetical emission point do not increase and other requirements of this rule are met. If an installation is controlling VOC emissions from a source operation for other reasons than to contribute to attainment of the ozone standard, forexample, to prevent a nuisance or odor violation, it cannot increase those emissions through application of this rule.

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

(3) General Provisions.

(A) Application and Permit Procedures.

1. Proposals for alternate emission limits shall be submitted on Alternate Emission Limits Permit application forms provided by the director. 2. An installation owner or operator must obtain an Alternate Emission Limits Permit in accordance with this rule beforealternate emission limits may become effective. The permit will contain all conditions necessary to assure that the involved source operations will operate in accordance with the alternate emission limits.

(B) Existing Compliance Schedules.

1. Submission of an Alternate Emission Limits Permit application will not affect any existing obligation of an installation to com ply

94 CODE OF STATE REGULATIONS (11/30/12) R OBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission

# --------------------------------- Order of Rulemaking



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

. S

. Environmental Protection Agency approved State Implementation Plan.

10 CSR 10-6.070 (amendment) New Source Performance Regulations is hereby AMENDED 

## by the Missouri Air Conservation Commission this 30 th 

## day of August, 2012

.

# fJ**tn r~**  Vice Chairman

# ~_~**---f-LL~-H---_'**

# ---,>~A---,,~~~**,<::-.......,+-I_Q_c._,"-_-_-_-_-=--=-** ___ , Member 

# t**G(8~-"** , Member

# ~~~**. :6** **~_'Member**

, Member

_________________**~-------------'** 

## Member

## 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 10-6.075 (amendment) Maximum Achievable Control Technology Regulations is hereby 

## AMENDED by the Missouri Air Conservation Commission this 30 th 

## day of August, 2012

.

, Chairman

# ~~**...:..-- -----P-L** **-ff--===-' ---=,---** **{J** Vice Chairman

# --"7blJ..a,.t:L..~_"I---,Jf-+D~1**~==~** __ , Member



## , /0

# ~**~~~ ~~** **~~** 

### _____________ , Member



## _________________________________ , Member

_________________________________ , Member

## __ 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 10-6.080 (amendment) Emission Standards for Hazardous Air Pollutants is hereby AMENDED 

## by the Missouri Air Conservation Commission this 30 th 

## day of August, 2012.

, Chairman

# -fi**/l '--~** **~_ --1'~** **'-----** 

# ____ '

Vice Chairman

# ---,~"---,,,~~--+-J**---IR--'JZ--J"""''''''''''''-LL......:-~_-_-_-** ___ , Member

# ~'V'**-r~~~~~~~** 

## _______________ ,Member

_________________________________ ,Member

_________________________________ ,Member1 

## Bechtel, Cheri

From: Missouri DNR <MODNR@public.govdelivery.com> Sent: Friday, June 22, 2012 10:25 AM To: Bechtel, Cheri Subject: Courtesy Copy: Air Pollution Control Program, Rules on Public Notice



## 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 (361 recipients)

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

.

Below is a notice for rulemaking items scheduled fo r public hearing at the July 25, 2012 Missouri Air Conservation Commission meeting. If you have any questions, pleas e contact Wendy Vit with the Air Pollution Control Program at (573) 751-0572 or wendy.vit@dnr.mo.gov

.

MISSOURI AIR CONSERVATION COMMISSION WILL HOLD PUBLIC HEARING

JEFFERSON CITY, MO -- The Missouri Air Conservation Commission will hold a public hearing on Wednesday, July 25, 2012 beginning at 9 a.m. at the Elm Street Conference Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri. The commission will hear testimony related to the following proposed actions:

* 10 CSR 10-5.381 (amendment) On-Board Diagnostics Motor Vehicle Emissions Inspection

* 10 CSR 10-6.070 (amendment) New Source Performance Regulations. This rule action will not be submitted for inclusion in the Missouri State Im plementation Plan but will be submitted to accept delegation of enforcement authority for federal regulations from the U.S. Environmental Protection Agency.

* 10 CSR 10-6.075 (amendment) Maximum Achievable Control Technology Regulations. This rule action will not be submitted for inclusion in the Missouri State Implementation Plan but will be submitted to accept delegation of enforcement authority for federal regulations from the U.S. Environmental Protection Agency.

* 10 CSR 10-6.080 (amendment) Emission Standards for Hazar dous Air Pollutants. This rule action will not be submitted for inclusion in the Missouri State Implementation Plan but will be submitted to accept2 

## delegation of enforcement authority for federal regulations from the U.S. Environmental Protection Agency.

If the Commission adopts these actions, it will be the Department’s intention to submit them to the U.S. Environmental Protection Agency to be included in Misso uri’s State Implementation Plan unless otherwise noted above.

Documents for the above item(s) will be available for re view at the Missouri Department of Natural Resources, Air Pollution Control Program, 1659 Elm Street, Jefferson City, (573) 751-4817 and in the Public Notices section of the program web site http://dnr.mo.gov/env/apcp/public-notices.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 August 1, 2012. Please send written comments to Chief, Air Quality Planning Section, Air Pollution Control Program, P.O. Box 176, Jefferson City, MO 65102-0176. Email comments may be submitted via the program web site noted above. All written and email comments and public hearing testimony will be equally considered.

Citizens wishing to speak at the public hearing should notify the secretary to the Missouri Air Conservation Commission, Missouri Department of Natural Resources, Air Pollution Control Program, P.O. Box 176, Jefferson City, Missouri 65102-0176, or telephone (573) 526-3420. The Department requests persons intending to give verbal presentations also provide a written copy of their testimony to the commission secretary at the time of the public hearing.

Persons with disabilities requiring special services or accommodations to attend the meeting can make arrangements by calling the Program directly at (573) 751- 4817, the Division of Environmental Quality's toll free number at (800) 361-4827, or by writing two weeks in advance of the meeting to: Missouri Department of Natural Resources, Air Conservation Commission Secretary, P.O. Box 176, Jefferson City, MO 65102. Hearing impaired persons may contact the program through Relay Missouri, (800) 735-2966.



## 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

.
This service is provide d to you at no charge by Missouri DNR

.

## Jay Nixon, Governor Sara Parker Pauley, Director 

# Air Pollution Control Program

Rulemakings on Public Notice

The Missouri Department of Natural Resources filed the following proposed rulemakings with the secretary of state's office and comments are being accepted as noted at th e end of the proposed rulemaking under the Notice of Public Hearing an d 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 10-5.381 (amendment) On-Board Diagno stics Motor Vehicle Emissions Inspection

This proposed amendment will add an exemption from the vehicle emissi ons inspection program for Plugin Hybrid Electric Vehicles (P HEVs) per 643.315, RSMo, in the St. Louis nonattainment area. This exemption is a result of House Bill 354 passing on May 5, 2011 and becoming effect ive on August 28, 2011.

Proposed rulemaking - Published in June 15, 2012 Missouri Register

.
Submit comments now Submit written comments

Comments about this rulemaking will be accepted through close of business Aug. 1, 2012.

10 CSR 10-6.070 (amendment) New Source Performance Regulations

This proposed amendment will adopt new emission standards, updates, and clarifications to existing federal rule 40 CFR 60 that were promulgate d from January 1, 2011 through February 16, 2012. This rule as a whole establishes acceptable design and performa nce criteria for specified new or modified emission

sources.
Proposed rulemaking - Published in June 15, 2012 Missouri Register

.
Submit comments now Submit written comments

Comments about this rulemaking will be accepted through close of business Aug. 1, 2012.

10 CSR 10-6.075 (amendment) Maximum Achievable Control Technology Regulations

This proposed amendment will adopt new emission standards, updates, and clarifications to existing federal rule 40 CFR 63 that were promulgate d from January 1, 2011 through February 16, 2012. This rule as a whole establishes emission control technology, performance criteria, and wo rk practices to achieve emission standards for sources th at emit, or have the potential to emit, hazardous air pollutants.

Proposed rulemaking - Published in June 15, 2012 Missouri Register

.
Submit comments now Submit written comments Pa g e 1 of 2 Rulemakin g s on Public Notice - DNR

6/22/2012 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm

## Comments about this rulemaking will be accept ed through close of business Aug. 1, 2012.

10 CSR 10-6.080 (amendment) Emission St andards for Hazardous Air Pollutants

This proposed amendment will adopt new emission standards, updates, and clarifications to existing federal rule 40 CFR 61 that were promulgate d from January 1, 2011 through February 16, 2012. This rule as a whole establishes emission standards and performa nce criteria for new or mo dified sources emitting hazardous air pollutants.

Proposed rulemaking - Published in June 15, 2012 Missouri Register

.
Submit comments now Submit written comments

Comments about this rulemaking will be accepted through close of business Aug. 1, 2012.

Submit written comments about any rule development to: Chief, Air Quality Planning Section Missouri Department of Natural Resources Air Pollution Control Program P.O. Box 176 Jefferson City, MO 65102-0176

Back to top Pa g e 2 of 2 Rulemakin g s on Public Notice - DNR

6/22/2012 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm

### HEARING 7/25/2012

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### 1 BEFORE THE MISSOURI AIR CONSERVATION COMMISSION

STATE OF MISSOURI

2

3

4

5

6 PUBLIC HEARING

7 TRANSCRIPT OF PROCEEDINGS

8

Wednesday, July 25, 2012

9

10:00 a.m.

10

1730 East Elm Street

11
Bennett Springs Conference Room

12
Jefferson City, MO 65101

13

14

15

16

17 COMMISSIONERS PRESENT:

18 Commissioner David Zimmerman,

Commissioner Ron Boyer,

19 Commissioner Mark Garnett,

Commissioner David Pendergrass

20

21

22

23

24

25

### HEARING 7/25/2012

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### 1 TRANSCRIPT OF PROCEEDINGS

2 COMMISSIONER ZIMMERMAN: The hearing will come

3 to order. Let the record show that the following

4 Commissioners are present. David Zimmerman, Ron Boyer,

5 Mark Garnett and Gary Pendergrass.

6 The Air Conservation Commission of the State of

7 Missouri has called this public hearing pursuant to

8 Section 643.070 Revised Statutes of Missouri, EPA

9 Promulgated Rule 40 CFR 51-102 for the purpose of hearing

10 testimony relating to: 10 CSR 10-5.381, (Amendment)

11 On-Board Diagnostic Vehicle Emission Inspection, 10 CSR

12 10-6.070 (Amendment) New Source Performance Regulations,

13 10 CSR 10-6.075 (Amendment) Maximum Achievable Control

14 Technology Regulations, 10 CSR 10-6.080 (Amendment)

15 Emission Standards for Hazardous Air Pollutants.

16 The hearing record will close at 5 p.m. on

17 August 1, 2012. Anyone who has not been scheduled to

18 appear but who wishes to be heard should indicate that you

19 wish to speak on the sign-in sheets available at the door.

20 Section 643.100 of the Missouri statutes

21 provides that all oral testimony be given under oath.

22 Accordingly, when you are called to testify, please

23 present yourself to the court reporter first to be sworn

24 in.

25 When you testify, please state your name,

### HEARING 7/25/2012

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### 1 impact on air quality in the St. Louis non-attainment

2 area. The technical demonstration was made available for

3 review and comment from April 25th through May 24th. No

4 comments were received.

5 If the Commission adopts this rule action, it

6 will be the Department's intention to submit this rule

7 amendment to the U.S. Environmental Protection Agency for

8 inclusion in the Missouri State Implementation Plan.

9 This concludes my testimony. I will be happy to

10 answer any questions you might have specific to this rule

11 amendment.

12 COMMISSIONER ZIMMERMAN: Any questions? Thank

13 you. Please note I did not receive any requests for

14 public comment.

15 All right. We'll now have 10 CSR 10-6.070

16 (amendment) New Source Performance Regulations, 10 CSR

17 10-6.075 (amendment) Maximum Achievable Control Technology

18 Operations, and 10 CSR 10-6.080 (amendment) Emission

19 Standards for Hazardous Air Pollutants by Stan -- Stan

20 Payne.

21 STAN PAYNE,

22 being first duly sworn to testify the truth, the whole

23 truth, and nothing but the truth, testified as follows:

24 TESTIMONY OF STAN PAYNE

25 MR. PAYNE: Mr. Chairman, members of the

### HEARING 7/25/2012

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### 1 Commission, my name is Stan Payne. I am employed in the

2 Rules Unit of the Air Pollution Control Program. I work

3 at 1659 East Elm Street in Jefferson City, Missouri.

4 I'm here to present testimony for the proposed

5 amendments to the three state regulations; 10 CSR

6 10-6.070, New Source Performance Regulations, 10 CSR

7 10-6.075, Maximum Achievable Control Technology

8 Operations, and 10 CSR 10-6.080 Emission Standards for

9 Hazardous Air Pollutants.

10 If it pleases the -- the Commission, I would

11 like to present all these -- all three proposed amendments

12 together.

13 THE COURT: Yes.

14 MR. PAYNE: These rulemakings are conducted

15 annually to ensure Missouri's State rules are consistent

16 with Federal requirements and to maintain enforcement

17 delegation from the U.S. Environmental Protection Agency.

18 The proposed amendments incorporate by reference

19 subparts of three Code of Federal Regulations promulgated

20 from January 1st, 2011, through February 16th, 2012, as

21 published by the Office of the Federal Register.

22 The first proposed rulemaking is an amendment to

23 10 CSR 10-6.070, New Source Performance Regulations. This

24 rule includes applicable subparts of 40 CFR 60 for new

25 source performance standards.

### HEARING 7/25/2012

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### 1 Subpart Ja, Standards of Performance for

2 Petroleum Refineries for Which Construction,

3 Reconstruction or Modification Commenced after May 14,

4 2007;

5 Subpart CCCC, Standards of Performance for

6 Commercial and Industrial Solid Waste Incineration Units;

7 Subpart IIII, Standards of Performance for

8 Stationary Compression Ignition Internal Combustion

9 Engines;

10 And subpart JJJJ, Standards of Performance for

11 Stationary Spark Ignition Internal Combustion Engines.

12 Changes to the ten subparts consist of revisions

13 to the incorporations by reference, applicability,

14 definitions, emission standards for various criteria

15 pollutants, monitoring requirements, testing requirements,

16 and reporting requirements.

17 The new subpart is LLLL, Standards of

18 Performance for New Sewage Sludge Incineration Units.

19 The subpart being removed is FFFF, Emission

20 Guidelines and Compliance Times for Other Solid Waste

21 Incineration Units that Commenced Construction on or

22 before December 9, 2004. This subpart is an emission

23 guideline that applies to regulating agencies and should

24 not have been included as a source requirement.

25 The second proposed rulemaking is an amendment

### HEARING 7/25/2012

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### 1 to 10 CSR 10-6.075, Maximum Achieveable Control Technology

2 Regulations. This rule incorporates applicable subparts

3 for Maximum Achievable Control Technology Standards.

4 The proposed rule amendment begins on page 145

5 of your briefing document. This proposed rulemaking

6 updates the applicability date, adds an exemption for

7 provisions of 40 CFR 63 that are stayed, incorporates

8 changes to 17 existing subparts and adds four new

9 subparts.

10 The updated subparts are:

11 Subpart A, General Provisions;

12 Subpart U, National Emission Standards for

13 Hazardous Air Pollutant Emissions, Group I, Polymers and

14 Resins;

15 Subpart X, National Emission Standards for

16 Hazardous Air Pollutants from Secondary Lead Smelting;

17 Supbart Y, National Emission Standards for

18 Marine Tank Vessel Loading Operations;

19 Subpart II, National Emission Standards for

20 Shipbuilding and Ship Repair (Surface Coating);

21 Subpart JJ, National Emission Standards for Wood

22 Furniture Manufacturing Operations;

23 Subpart KK, National Emission Standards for the

24 Printing and Publishing Industry;

25 Subpart DDD, National Emission Standards for

### HEARING 7/25/2012

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### 1 for Hazardous Air Pollutants: Area Source Standards for



### 2 Prepared Feeds Manufacturing.



### 3 Changes to the 17 subparts consist of



### 4 revisions to the incorporation by reference;



### 5 applicability; definitions; emission standards for various



### 6 air toxics; compliance requirements and dates; work



### 7 practices; monitoring requirements; start-up, shutdown, and



### 8 malfunction requirements; and electronic data submittal



### 9 requirements.



### 10 The new subparts are:



### 11 Subpart DDDDD, National Emission Standards for



### 12 Hazardous Air Pollutants for Major Sources; Industrial,



### 13 Commercial and Institutional Boilers and Process Heaters;



### 14 Subpart UUUUU, National Emission Standards for



### 15 Hazardous Air Pollutants; Coal- and Oil-Fired Electric



### 16 Utility Steam Generating Units;



### 17 Subpart JJJJJJ, National Emission Standards for



### 18 Hazardous Air Pollutants for Area Sources; Industrial,



### 19 Commercial and Institutional Boiler;



### 20 And Subpart EEEEEEE, National Emission Standards



### 21 for Hazardous Air Pollutants: Gold Mine Ore Processing



### 22 and Production and Production Area Source Category.



### 23 The third rule-making is an amendment to 10 CSR



### 24 10-6.080, Emission Standards for Hazardous Air Pollutants.



### 25 The rule includes applicable subparts of 40 CFR 61 for

### HEARING 7/25/2012

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 16



### 1 National Emission Standards for Hazardous Air Pollutants.

2 The proposed rule amendment begins on page 155

3 of your briefing document. The proposed rulemaking

4 updates the applicability date and adds an exemption for

5 provisions of 40 CFR 61 that are stayed. No federal

6 rulemakings applicable to 10 CSR 10-6.080 were

7 promulgated.

8 If the Commission adopts these rule actions, it

9 will be the Department's intention to advise the U.S.

10 Environmental Protection Agency that we will accept

11 delegation of enforcement authority for these Federal

12 regulations with the exception of area source MACT rules.

13 We are temporarily not accepting delegation of enforcement

14 authority for the area source MACT rules until the

15 resources are available for this additional workload.

16 This concludes my testimony. I will be happy to

17 answer any question you might have specific to the rule

18 amendments.

19 COMMISSIONER ZIMMERMAN: Ron?

20 COMMISSIONER BOYER: Yeah. I have a question.

21 Have you considered doing audio books? That was quite a

22 feat. I think you deserve an award.

23 COMMISSIONER PENDERGRASS: Good God.

24 MR. PAYNE: Thank you.

25 COMMISSIONER ZIMMERMAN: Any other questions?(5)(B)3.A. and (5)(B)3.B. of this rule, shall not be eligible for costbased or estimate-based waivers. 4. Readiness monitor test.

A. 1996–2000 model year gasoline-powered vehicles may pass the readiness monitor portion of the OBD test if they have no more than two (2) unset non-continuous readiness monitors. B. 2001 and newer model year gasoline-powered vehicles may pass the readiness monitor portion of the test if they have no more than one (1) unset non-continuous readiness monitor. C. Gasoline-powered vehicles that fail the OBD test with a catalytic converter DTC (P0420 [-]

– P0439) present must have the catalyst monitor reset to pass the readiness monitor portion of the OBD
retest. D. Gasoline-powered vehicles will fail the readiness monitor portion of the OBD test if the following non-continuous monitors are not supported: (I) Oxygen sensor; and (II) Catalyst.E. Vehicles that are on the readiness exemption table maintained by the contractor and authorized by the department shall be exempt from the readiness monitor portion of the OBD test. F. Vehicles that fail the readiness monitor portion of the OBDtest shall fail the OBD test. Vehicles must pass the readiness monitor portion of the OBD test to be eligible for a cost-based or estimatebased waiver. G. Repairs made to correct failures for readiness monitor tampering caused by the installation of aftermarket components shall not be eligible for cost-based or estimate-based waivers. 5. Diagnostic trouble code test.

A. Vehicles will fail the diagnostic trouble code test if theOBD system has stored at least one (1) mature (non-pending, nonhistoric) DTC that commands the [malfunction indicator light] MIL to be illuminated. B. Vehicles will fail the diagnostic trouble code test if the vehicle commands the MIL to be illuminated but the OBD systemhas no mature (non-pending, non-historic) DTCs stored in the system. C. The contractor shall ensure that their inspection equipment’s request for DTCs does not cause the MIL to be illuminated. D. Vehicles that fail the DTC portion of the OBD test shall fail the OBD test.

AUTHORITY: section 643.310.1

. , RSMo Supp. [2008] 2011

. Original rule filed Jan. 16, 2007, effective Aug. 30, 2007. Amended: Filed Oct. 1, 2008, effective May 30, 2009. Amended: Filed May 15, 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., July 25, 2012. 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., August 1, 2012. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102-0176. Email comments shall be sent to apcprulespn@dnr.mo.gov. 

### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

PROPOSED AMENDMENT

10 CSR 10-6.070 New Source Performance Regulations . The commission proposes to amend subsections (1)(A) and (1)(B) and section (3). If the commission adopts this rule action, it will be submitted tothe U.S. Environmental Protection Agency for delegation of enforcement authority. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department ofNatural 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 establishes acceptable design and performance criteria for specified new or modified emission sources. The purpose of this rulemaking is to adopt by reference new emission standards, updates, and clarifications to existing federal rule 40 CFR 60 that were promulgated from January 1, 2011, through February 16, 2012. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is elements of the State/EPA work plan and Title V Operating Permit Program requirements.

(1) Applicability.

(A) The provisions of 40 CFR 60 promulgated as of June 30, [2010] 2011 , and Federal Register Notice [s 75 FR 54970 and 75 FR 55636] 77 FR 9304 promulgated [from July 1, 2010, through December 31, 2010] February 16, 2012 , 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.

(B) Exceptions to subsection (1)(A) of this rule are as follows:

1. Sections 60.4, 60.9, and 60.10 of subpart A; 2. Subpart B in its entirety; 3. Those provisions which are not delegable by the United States Environmental Protection Agency (EPA); [and] 4. Incinerators which are subject to Hazardous WasteManagement Commission rule 40 CFR 264, subpart O, as incorporated in 10 CSR 25-7.264, shall not be subjected to the requirements of this rule. The exemptions granted under 40 CFR 264.340(b), as incorporated in 10 CSR 25-7.264, are subject to this rule. All other applicable requirements of this chapter shall remain in effect as to the incinerators [.] ; and 5. Any provisions of 40 CFR 60 that are stayed.

(3) General Provisions. The following are the New Source Performance Standards (NSPS) 40 CFR part 60 subparts that are adopted by reference in subsection (1)(A) of this rule. Individual source operations or installations in these categories are subject to this rule based on date of commencement of construction and other category specific parameters, as specified in the applicable subpart:

Subpart Title (D) Standards of Performance for Fossil-Fuel-Fired Steam Generators for Which Construction is Commenced After August 17, 1971

(Da) Standards of Performance for Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978

(Db) Standards of Performance for Industrial-CommercialInstitutional Steam Generating Units 

## Page 966 Proposed Rules June 15, 2012 Vol. 37, No. 12(Dc) Standards of Performance for Small Industrial-CommercialInstitutional Steam Generating Units

(E) Standards of Performance for Incinerators (Ea) Standards of Performance for Municipal Waste Combustors for Which Construction is Commenced After December 20, 1989 and on or Before September 20, 1994

(Eb) Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996

(Ec) Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996

(F) Standards of Performance for Portland Cement Plants (G) Standards of Performance for Nitric Acid Plants (H) Standards of Performance for Sulfuric Acid Plants (I) Standards of Performance for Hot Mix Asphalt Facilities (J) Standards of Performance for Petroleum Refineries (Ja) Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007

(K) Standards of Performance for Sto rage V essels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978

(Ka) Standards for Performance for Sto rage V essels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984

(Kb) Standards of Performance for Volatile Organic Liquid Storage V essels (Including Petroleum Liquid Sto rage V essels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984

(L) Standards of Performance for Secondary Lead Smelters (M) Standards of Performance for Secondary Brass and Bronze Production Plants

(N) Standards of Performance for Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973

(Na) Standards of Performance for Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983

(O) Standards of Performance for Sewage Treatment Plants (P) Standards of Performance for Primary Copper Smelters (Q) Standards of Performance for Primary Zinc Smelters (R) Standards of Performance for Primary Lead Smelters (S) Standards of Performance for Primary Aluminum Reduction Plants

(T) Standards of Performance for the Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants

(U) Standards of Performance for the Phosphate Fertilizer Industry: Superphosphoric Acid Plants

(V) Standards of Performance for the Phosphate Fertilizer Industry: Diammonium Phosphate Plants

(W) Standards of Performance for the Phosphate Fertilizer Industry: Triple Superphosphate Plants

(X) Standards of Performance for the Phosphate Fertilizer Industry: Granular Triple Superphosphate Sto rage F acilities (Y) Standards of Performance for Coal Preparation Plants (Z) Standards of Performance for Ferroalloy Production Facilities (AA) Standards of Performance for Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974, and On or Before August 17, 1983

(AAa) Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 17, 1983

(BB) Standards of Performance for Kraft Pulp Mills (CC) Standards of Performance for Glass Manufacturing Plants (DD) Standards of Performance for Grain Elevators (EE) Standards of Performance for Surface Coating of Metal Furniture (GG) Standards of Performance for Stationary Gas Turbines (HH) Standards of Performance for Lime Manufacturing Plants (KK) Standards of Performance for Lead-Acid Battery Manufacturing Plants

(LL) Standards of Performance for Metallic Mineral Processing Plants

(MM) Standards of Performance for Automobile and Light Duty Truck Surface Coating Operations

(NN) Standards of Performance for Phosphate Rock Plants (PP) Standards of Performance for Ammonium Sulfate Manufacture

(QQ) Standards of Performance for the Graphic Arts Industry: Publication Roto-gravure Printing

(RR) Standards of Performance for Pressure Sensitive Tape and Label Surface Coating Operations

(SS) Standards of Performance for Industrial Surface Coating: Large Appliances

(TT) Standards of Performance for Metal Coil Surface Coating (UU) Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture

(VV) Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry

(VVa) Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006

(WW) Standards of Performance for the Beve rage Can Surface Coating Industry

(XX) Standards of Performance for Bulk Gasoline Terminals (AAA) Standards of Performance for New Residential Wood Heaters

(BBB) Standards of Performance for the Rubber Tire Manufacturing Industry

(DDD) Standards of Performance for Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry

(FFF) Standards of Performance for Flexible Vinyl and Urethane Coating and Printing

(GGG) Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries

(GGGa) Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006

(HHH) Standards of Performance for Synthetic Fiber Production Facilities

(III) Standards of Performance for Volatile Organic Compound (VOC) Emissions From the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes

(JJJ) Standards of Performance for Petroleum Dry Cleaners (KKK) Standards of Performance for Equipment Leaks of VOC From Onshore Natural Gas Processing Plants

(LLL) Standards of Performance for Onshore Natural Gas Processing: SO 2 Emissions

(NNN) Standards of Performance for Volatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations

(OOO) Standards of Performance for Nonmetallic Mineral Processing Plants

(PPP) Standard of Performance for Wool Fiberglass Insulation Manufacturing Plants

(QQQ) Standards of Performance for VOC Emissions From Petroleum Refinery Wastewater Systems

(RRR) Standards of Performance for Volatile Organic Compound Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes

(SSS) Standards of Performance for Magnetic Tape Coating Facilities

(TTT) Standards of Performance for Industrial Surface Coating: 

## Page 967 June 15, 2012 Vol. 37, No. 12 

### Missouri RegisterSurface Coating of Plastic Parts for Business Machines (UUU) Standards of Performance for Calciners and Dryers in Mineral Industries

(VVV) Standards of Performance for Polymeric Coating of Supporting Substrates Facilities

(WWW) Standards of Performance for Municipal Solid Waste Landfills

(AAAA) Standards of Performance for Small Municipal Waste Combustion Units for Which Construction is Commenced After August 30, 1999 or for Which Modification or Reconstruction is Commenced After June 6, 2001

(CCCC) Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for Which Construction Is Commenced After November 30, 1999 or for Which Modification or Reconstruction Is Commenced on or After June 1, 2001

(EEEE) Standards of Performance for Other Solid Waste Incineration Units for Which Construction Commenced After December 9, 2004, or for Which Modification or Reconstruction Is Commenced on or After June 16, 2006

[(FFFF) Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units That Commenced Construction On or Before December 9, 2004]

(IIII) Standards of Performance for Stationary Compression Ignition Internal Combustion Engines

(JJJJ) Standards of Performance for Stationary Spark Ignition Internal Combustion Engines

(KKKK) Standards of Performance for Stationary Combustion Turbines

(LLLL) Standards of Performance for New Sewage Sludge Incineration Units

AUTHORITY: section 643.050, RSMo Supp. 2011. Original rule filed Dec. 10, 1979, effective April 11, 1980. For intervening history, please consult the Code of State Regulations . Amended: Filed May 15, 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., July 25, 2012. 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., August 1, 2012. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102-0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.



### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

PROPOSED AMENDMENT

10 CSR 10-6.075 Maximum Achievable Control Technology Regulations . The commission proposes to amend subsections (1)(A) and (1)(B) and section (3). If the commission adopts this rule action, it will be submitted to the U.S. Environmental Protection Agency for delegation of enforcement authority. 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 establishes emission control technology, performance criteria, and work practices to achieve emission standardsfor sources that emit or have the potential to emit hazardous air pollutants. The purpose of this rulemaking is to adopt by reference new emission standards, updates, and clarifications to existing federal rule 40 CFR 63 that were promulgated from January 1, 2011, throughFebruary 16, 2012. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is elements of the State/EPA work plan and Title V Operating Permit Program requirements.

(1) Applicability.

(A) The provisions of 40 CFR 63 promulgated as of June 30, [2010] 2011 , and Federal Register Notices [75 FR 41991, 75 FR 51570, 75 FR 54970, 75 FR 55636, and 75 FR 77760] 76 FR 57913, 76 FR 70834, 76 FR 72050, 76 FR 74708, 76 FR 80261, 77 FR 556, and 77 FR 9304 promulgated from July 1, [2010] 2011 , through [December 31, 2010] February 16, 2012

, 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.

(B) Exceptions to subsection (1)(A) of this rule are as follows:

1. Sections 63.13 and 63.15(a)(2) of subpart A; [and] 2. Those provisions which are not delegable by the United States Environmental Protection Agency (EPA) [.] ; and 3. Any provisions of 40 CFR 63 that are stayed.

(3) General Provisions. The following are the Maximum Achievable Control Technology (MACT) 40 CFR 63 subparts that are adoptedby reference in subsection (1)(A) of this rule. Individual source operations or installations in these categories are subject to this rule based on category specific parameters, as specified in the applicable subpart:

Subpart Title (F) National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry

(G) National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Sto rage V essels, Transfer Operations, and Wastewater

(H) National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks

(I) National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks

(L) National Emission Standards for Coke Oven Batteries (M) National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities

(N) National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks

(O) Ethylene Oxide Emissions Standards for Sterilization Facilities (Q) National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers

(R) National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)

(S) National Emission Standards for Hazardous Air Pollutants 

## Page 968 Proposed Rules June 15, 2012 Vol. 37, No. 12from the Pulp and Paper Industry (T) National Emission Standards for Halogenated Solvent Cleaning

(U) National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins

(W) National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non-Nylon Polyamides Production

(X) National Emission Standards for Hazardous Air Pollutants From Secondary Lead Smelting

(Y) National Emission Standards for Marine Tank Vessel Loading Operations

(AA) National Emission Standards for Hazardous Air Pollutants From Phosphoric Acid Manufacturing Plants

(BB) National Emission Standards for Hazardous Air Pollutants From Phosphate Fertilizers Production Plants

(CC) National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries

(DD) National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations

(EE) National Emission Standards for Magnetic Tape Manufacturing Operations

(GG) National Emission Standards for Aerospace Manufacturing and Rework Facilities

(HH) National Emission Standards for Hazardous Air Pollutants From Oil and Natural Gas Production Facilities

(II) National Emission Standards for Shipbuilding & Ship Repair (Surface Coating)

(JJ) National Emission Standards for Wood Furniture Manufacturing Operations

(KK) National Emission Standards for the Printing and Publishing Industry

(LL) National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction Plants

(MM) National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills

(OO) National Emission Standards for Tanks—Level 1 (PP) National Emission Standards for Containers (QQ) National Emission Standards for Surface Impoundments (RR) National Emission Standards for Individual Drain Systems (SS) National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process

(TT) National Emission Standards for Equipment Leaks—Control Level 1

(UU) National Emission Standards for Equipment Leaks—Control Level 2 Standards

(VV) National Emission Standards for Oil-Water Separators and Organic-Water Separators

(WW) National Emission Standards for Sto rage V essels (Tanks)— Control Level 2

(XX) National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations

(YY) National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards

(CCC) National Emission Standards for Hazardous Air Pollutants for Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration Plants

(DDD) National Emission Standards for Hazardous Air Pollutants for Mineral Wool Production

(EEE) National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors

(GGG) National Emission Standards for Pharmaceuticals Production

(HHH) National Emission Standards for Hazardous Air Pollutants From Natural Gas Transmission and Sto rage F acilities (III) National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production (JJJ) National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins

(LLL) National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry

(MMM) National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production

(NNN) National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing

(OOO) National Emission Standards for Hazardous Air Pollutant Emissions: Manufacture of Amino/Phenolic Resins

(PPP) National Emission Standards for Hazardous Air Pollutant Emissions for Polyether Polyols Production

(QQQ) National Emission Standards for Hazardous Air Pollutant Emissions for Primary Copper Smelting

(RRR) National Emission Standards for Hazardous Air Pollutants: Secondary Aluminum Production

(TTT) National Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting

(UUU) National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units

(VVV) National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works

(XXX) National Emission Standards for Hazardous Air Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese

(AAAA) National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills

(CCCC) National Emission Standards for Hazardous Air Pollutants: Manufacturing of Nutritional Yeast

(DDDD) National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products

(EEEE) National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline)

(FFFF) National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing

(GGGG) National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil Production

(HHHH) National Emission Standards for Hazardous Air P

ollutants for Wet-Formed Fiberglass Mat Production

(IIII) National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light Duty Trucks

(JJJJ) National Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating

(KKKK) National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans

(MMMM) National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products

(NNNN) National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances

(OOOO) National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics and Other Textiles

(PPPP) National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products

(QQQQ) National Emission Standards for Hazardous Air Pollutants: Surface Coating of Wood Building Products

(RRRR) National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture

(SSSS) National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil

(TTTT) National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations

(UUUU) National Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing

(VVVV) National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing 

## Page 969 June 15, 2012 Vol. 37, No. 12 

### Missouri Register(WWWW) National Emission Standards for Hazardous Air Pollutants: Reinforced Plastic Composites Production

(XXXX) National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing

(YYYY) National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines

(ZZZZ) National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines

(AAAAA) National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants

(BBBBB) National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing

(CCCCC) National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks

(DDDDD) National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters

(EEEEE) National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries

(FFFFF) National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing Facilities

(GGGGG) National Emission Standards for Hazardous Air Pollutants: Site Remediation

(HHHHH) National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing

(IIIII) National Emission Standards for Hazardous Air Pollutants: Mercury Emissions From Mercury Cell Chlor-Alkali Plants

(LLLLL) National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing

(MMMMM) National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations

(NNNNN) National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production

(PPPPP) National Emission Standards for Hazardous Air Pollutants for Engine Test Cells/Stands

(QQQQQ) National Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing Facilities

(RRRRR) National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing

(SSSSS) National Emissions Standards for Hazardous Air Pollutants for Refractory Products Manufacturing

(TTTTT) National Emissions Standards for Hazardous Air Pollutants for Primary Magnesium Refining

(UUUUU) National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units

(WWWWW) National Emission Standards for Hospital Ethylene Oxide Sterilizers

(YYYYY) National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities

(ZZZZZ) National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources

(BBBBBB) National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities

(CCCCCC) National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities

(DDDDDD) National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources

(EEEEEE) National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting Area Sources

(FFFFFF) National Emission Standards for Hazardous Air Pollutants for Secondary Copper Smelting Area Sources

(GGGGGG) National Emission Standards for Hazardous Air Pollutants for Primary Nonferrous Metals Area Sources—Zinc, Cadmium, and Beryllium (HHHHHH) National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources

(JJJJJJ) National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers

(LLLLLL) National Emission Standards for Hazardous Air Pollutants for Acrylic and Modacrylic Fibers Production Area Sources

(MMMMMM) National Emission Standards for Hazardous Air Pollutants for Carbon Black Production Area Sources

(NNNNNN) National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources: Chromium Compounds

(OOOOOO) National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production and Fabrication Area Sources

(PPPPPP) National Emission Standards for Hazardous Air Pollutants for Lead Acid Battery Manufacturing Area Sources

(QQQQQQ) National Emission Standards for Hazardous Air Pollutants for Wood Preserving Area Sources

(RRRRRR) National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing Area Sources

(SSSSSS) National Emission Standards for Hazardous Air Pollutants for Glass Manufacturing Area Sources

(TTTTTT) National Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals Processing Area Sources

(VVVVVV) National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources

(WWWWWW) National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations

(XXXXXX) National Emission Standards for Hazardous Air Pollutants Area Source Standards for Nine Metal Fabrication and Finishing Source Categories

(YYYYYY) National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production Facilities

(ZZZZZZ) National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries

(AAAAAAA) National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing

(BBBBBBB) National Emission Standards for Hazardous Air Pollutants for Area Sources: Chemical Preparations Industry

(CCCCCCC) National Emission Standards for Hazardous Air Pollutants for Area Sources: Paints and Allied Products Manufacturing

(DDDDDDD) National Emission Standards for Hazardous Air Pollutants for Area Sources: Prepared Feeds Manufacturing

(EEEEEEE) National Emission Standar ds for Hazardous Air Pollutants: Gold Mine Ore Processing and Production Area Source Category

AUTHORITY: section 643.050, RSMo Supp. 2011. Original rule filed May 1, 1996, effective Dec. 30, 1996. For intervening history, please consult the Code of State Regulations . Amended: Filed May 15, 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. 

## Page 970 Proposed Rules June 15, 2012 Vol. 37, No. 12NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin at 9:00 a.m., July 25, 2012. 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., August 1, 2012. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102-0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.



### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

PROPOSED AMENDMENT

10 CSR 10-6.080 Emission Standards for Hazardous Air Pollutants . The commission proposes to amend subsections (1)(A)and (1)(B). If the commission adopts this rule action, it will be submitted to the U.S. Environmental Protection Agency for delegation of enforcement authority. 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 establishes emission standards and performance criteria for new or modified sources emitting hazardous air pollutants. The purpose of this rulemaking is to adopt by referencenew emission standards, updates, and clarifications to existing federal rule 40 CFR 61 that were promulgated from January 1, 2011, through February 16, 2012. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is elements of theState/EPA work plan and Title V Operating Permit Program requirements

. (1) Applicability.

(A) The provisions of 40 CFR 61 promulgated as of June 30, [2010] 2011 [, and Federal Register Notice 75 FR 55636 promulgated from July 1, 2010, through December 31, 2010,] 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.

(B) Exceptions to subsection (1)(A) of this rule are as follows:

1. Sections 61.04, 61.16, and 61.17 of subpart A; 2. Subparts B, H, I, K, Q, R, T, and W in their entirety; [and] 3. Those provisions which are not delegable by the United States Environmental Protection Agency (EPA) [.] ; and 4. Any provisions of 40 CFR 61 that are stayed.

AUTHORITY: section 643.050, RSMo Supp. 2011. Original rule filed Dec. 10, 1979, effective April 11, 1980. For intervening history, please consult the Code of State Regulations . Amended: Filed May 15, 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., July 25, 2012. 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., August 1, 2012. 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 20—DEPARTMENT OF INSURANCE, FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION Division 1100—Division of Credit Unions Chapter 2—State-Chartered Credit Unions

PROPOSED AMENDMENT

20 CSR 1100-2.020 Membership . The director is amending section (1).

PURPOSE: This amendment makes minor grammatical changes.

(1) A member must establish one (1) full share in [his/her] a shareaccount within a specified time period as set by the board of directors; however, that period shall not be less than three (3) months and shall maintain this one (1) share [as long as s/he] to remain [s] a member of the credit union. If a credit union lends to a member , [has a loan with his/her credit union, s/he] the member shall maintain one (1) full share in [his/her] a share account until [his/her] the loan has been paid in full, has been determined to bea collection problem loan, has been referred to a third party for collection , or until the balance is charged to the reserve fund as a bad debt.

AUTHORITY: section 370.100, RSMo [1986] Supp. 2011 . This rule originally filed as 4 CSR 100-2.020. Original rule filed Jan. 15, 1968, effective Jan. 25, 1968. For intervening history, please consult the Code of State Regulations . Amended: Filed May 14, 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 TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with the Missouri Division of Credit Unions, Ken Bonnot, Director, PO Box 1607, Jefferson City, MO 65102. 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 20—DEPARTMENT OF INSURANCE, FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION Division 1100—Division of Credit Unions Chapter 2—State-Chartered Credit Unions

PROPOSED AMENDMENT 

## Page 971 June 15, 2012 Vol. 37, No. 12 

### Missouri RegisterNovember 1, 2012 Vol. 37, No. 21



### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area

ORDER OF RULEMAKING

By the authority vested in the Missouri Air ConservationCommission under section 643.050, RSMo Supp. 2011, the commission amends a rule as follows:

10 CSR 10-5.381 is amended.

A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on June 15, 2012 (37 MoReg 955–966). 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) on this rule amendment.

COMMENT #1: EPA recommended revising the last sentence of the purpose statement for further clarification. RESPONSE AND EXPLANATION OF CHANGE: As a result of this comment, the last sentence of the purpose statement has been revised providing a more clear and concise statement.

10 CSR 10-5.381 On-Board Diagnostics Motor Vehicle Emissions Inspection

PURPOSE: This rule enacts the provisions of 643.300–643.355, RSMo, and meets the 1990 Federal Clean Air Act Amendmentsrequirement that the ozone state implementation plan contains necessary enforceable measures to maintain the mandatory vehicle emissions inspection and maintenance program. The purpose of the inspection and maintenance program is to reduce vehicle emissions in the St. Louis nonattainment area.



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

10 CSR 10-6.070 is amended.

A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on June 15, 2012 (37 MoReg 966–968). 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 commented on paragraph (1)(B)5. that exempts any provisions of 40 CFR 60 that are stayed. They believe this proposed language may create confusion and cause additional concerns or issues because it is not clear how this rule language might apply prospectively to situations in which particular provisionsof 40 CFR Parts 60 are stayed. In addition, EPA notes that this language may function as a delegation of state authority to EPA or federal courts in litigation to which the department is not a party. RESPONSE AND EXPLANATION OF CHANGE: The proposed language in paragraph (1)(B)5. was intended to clarify that Missouridoes not intend to enforce provisions of 40 CFR 60 that are currently part of the Code of Federal Regulations , but have been stayed forany reason, and address confusion over federal regulations being promulgated and subsequently stayed by legal action. This assurance is also provided by 643.055, RSMo, which prevents the state frombeing sooner or stricter than federal regulations and effectively prevents Missouri from enforcing provisions of incorporated federal regulations that are not enforceable on a federal level. Therefore, paragraph (1)(B)5. has been removed to address EPA’s concerns regarding the proposed exemption. Nonetheless, regulated sources areassured they will not be expected to comply with provisions of incorporated federal regulations that are stayed.

10 CSR 10-6.070 New Source Performance Regulations

(1) Applicability.

(B) Exceptions to subsection (1)(A) of this rule are as follows:

1. Sections 60.4, 60.9, and 60.10 of subpart A; 2. Subpart B in its entirety; 3. Those provisions which are not delegable by the United States Environmental Protection Agency (EPA); and 4. Incinerators which are subject to Hazardous WasteManagement Commission rule 40 CFR 264, subpart O, as incorporated in 10 CSR 25-7.264, shall not be subjected to the requirements of this rule. The exemptions granted under 40 CFR 264.340(b), as incorporated in 10 CSR 25-7.264, are subject to this rule. All other applicable requirements of this chapter shall remain in effect as to the incinerators.



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

10 CSR 10-6.075 is amended.

A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on June 15, 2012 (37 MoReg 968–971). 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 commented on paragraph (1)(B)3. that exempts any provisions of 40 CFR 63 that are stayed. They believe this proposed language may create confusion and cause additional concerns or issues because it is not clear how this rule language might apply prospectively to situations in which particular provisions 

## Page 1610 Orders of Rulemakingof 40 CFR Parts 63 are stayed. In addition, EPA notes that this language may function as a delegation of state authority to EPA or federal courts in litigation to which the department is not a party. RESPONSE AND EXPLANATION OF CHANGE: The proposed language in paragraph (1)(B)3. was intended to clarify that Missouridoes not intend to enforce provisions of 40 CFR 63 that are currently part of the Code of Federal Regulations , but have been stayed forany reason, and address confusion over federal regulations being promulgated and subsequently stayed by legal action. This assurance is also provided by 643.055, RSMo, which prevents the state frombeing sooner or stricter than federal regulations and effectively prevents Missouri from enforcing provisions of incorporated federal regulations that are not enforceable on a federal level. Therefore, paragraph (1)(B)3. has been removed to address EPA’s concerns regarding the proposed exemption. Nonetheless, regulated sources areassured they will not be expected to comply with provisions of incorporated federal regulations that are stayed.

10 CSR 10-6.075 Maximum Achievable Control Technology Regulations

(1) Applicability.

(B) Exceptions to subsection (1)(A) of this rule are as follows:

1. Sections 63.13 and 63.15(a)(2) of subpart A; and 2. Those provisions which are not delegable by the United States Environmental Protection Agency (EPA).



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

10 CSR 10-6.080 is amended.

A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on June 15, 2012 (37 MoReg 971). 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 commented on paragraph (1)(B)4. that exempts any provisions of 40 CFR 61 that are stayed. They believe this proposed language may create confusion and cause additional concerns or issues because it is not clear how this rule language might apply prospectively to situations in which particular provisionsof 40 CFR Parts 61 are stayed. In addition, EPA notes that this language may function as a delegation of state authority to EPA or federal courts in litigation to which the department is not a party. RESPONSE AND EXPLANATION OF CHANGE: The proposed language in paragraph (1)(B)4. was intended to clarify that Missouridoes not intend to enforce provisions of 40 CFR 61 that are currently part of the Code of Federal Regulations , but have been stayed forany reason, and address confusion over federal regulations being promulgated and subsequently stayed by legal action. This assurance is also provided by 643.055, RSMo, which prevents the state frombeing sooner or stricter than federal regulations and effectively prevents Missouri from enforcing provisions of incorporated federal regulations that are not enforceable on a federal level. Therefore, paragraph (1)(B)4. has been removed to address EPA’s concerns regarding the proposed exemption. Nonetheless, regulated sources areassured they will not be expected to comply with provisions of incorporated federal regulations that are stayed.

10 CSR 10-6.080 Emission Standards for Hazardous Air Pollutants

(1) Applicability.

(B) Exceptions to subsection (1)(A) of this rule are as follows:

1. Sections 61.04, 61.16, and 61.17 of subpart A; 2. Subparts B, H, I, K, Q, R, T, and W in their entirety; and 3. Those provisions which are not delegable by the United States Environmental Protection Agency (EPA).



### Title 11—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission Chapter 9—Internal Control System

ORDER OF RULEMAKING

By the authority vested in the Missouri Gaming Commission under section 313.805, RSMo Supp. 2011, the commission amends a rule as follows:

11 CSR 45-9.020 Objectives of an Internal Control System is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on June 1, 2012(37 MoReg 912). No changes have been made to 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: A public hearing was held on this proposed amendment on July 11, 2012. No one commented at the public hearing, and no written comments were received.



### Title 19—DEPARTMENT OF HEALTH AND SENIOR SERVICES Division 25—State Public Health Laboratory Chapter 30—Determination of Blood Alcohol by Blood, Breath, Saliva, and Urine Analysis; and Determination for the Presence of Drugs in Blood, Saliva, and Urine

ORDER OF RULEMAKING

By the authority vested in the Department of Health and SeniorServices under sections 192.006 and 577.026, RSMo 2000, and sections 306.114, 306.117, 577.020, and 577.037, RSMo Supp. 2011, the department amends a rule as follows:

19 CSR 25-30.011 General Provisions for the Determination of

Blood, Breath, Saliva, or Urine Analysis and Drug Testing is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on July 2, 2012 (37 MoReg 1009–1010). 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. 

## Page 1611 November 1, 2012 Vol. 37, No. 21 

### Missouri Register