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 ofthe 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 Commission 
the permitting authority shall issue a draft

permit 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 submitted

other 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 circulation

in 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 be

sent 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, the

name 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 hearing

identifies 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 written

comments 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 final

determination and issuing the proposed permit, modified permit, or permit renewal for

the administrator’s review. The permitting

authority shall maintain a list of all commenters and a summary of the issues raised

and shall make that information available in

the public file and supply it to the administrator upon request. 

(H) Written Response to Comments. At the

time a draft permit, modified permit, or permit renewal is proposed for the administrator’s review, the permitting authority shall

issue 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 the

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

would be unduly cumbersome or expensive.

This material as incorporated by reference in

this rule shall be maintained by the agency at

its headquarters and shall be made available

to the public for inspection and copying at no

more than the actual cost of reproduction.

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

here.

(1) Applicability.

(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 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 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 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.

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

required 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, agencies, and

88 CODE OF STATE REGULATIONS (11/30/12) ROBIN CARNAHAN

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
ROBIN CARNAHAN (11/30/12) CODE OF STATE REGULATIONS 89

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 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

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 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 for

Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007

(K) Standards of Performance for Storage

Vessels 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 Storage Vessels 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 Vessels (Including

Petroleum Liquid Storage Vessels) 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 Storage Facilities

(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 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 the

Graphic 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 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: SO2 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: 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 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

(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 and

specified 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 the

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

would be unduly cumbersome or expensive.

This material as incorporated by reference in

this rule shall be maintained by the agency at

its headquarters and shall be made available

to the public for inspection and copying at no

more than the actual cost of reproduction.

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

here.

(1) Applicability.

(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; and

2. 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) ROBIN CARNAHAN

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
required 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 40

CFR 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 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, Storage Vessels,

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 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 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 OilWater Separators and Organic-Water Separators

(WW) National Emission Standards for

Storage Vessels (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 Storage Facilities

(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

ROBIN CARNAHAN (11/30/12) CODE OF STATE REGULATIONS 91

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
(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 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 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

(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 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 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

92 CODE OF STATE REGULATIONS (11/30/12) ROBIN CARNAHAN

Secretary of State

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

for Hazardous Air Pollutants: Gold Mine Ore

Processing and Production Area Source Category

(4) Reporting. Reporting requirements are

specified in each federal regulation adopted

by reference.

(5) Test Methods. Test methods are specified

in 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 the

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

be unduly cumbersome or expensive.  This

material as incorporated by reference in this

rule shall be maintained by the agency at its

headquarters and shall be made available to

the public for inspection and copying at no

more than the actual cost of reproduction.

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

(1) Applicability.

(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; and

3. 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

required 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 40

CFR 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 to

this 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)

ROBIN CARNAHAN (11/30/12) CODE OF STATE REGULATIONS 93

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 Storage 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 specified

in 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 (as 

provided 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 from

potroom 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 reduction

installation 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 be

retained by the owner or operator for a minimum of two (2) years. 

(6) Performance Testing. Compliance with

the 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 in

ozone nonattainment areas to propose alternate means of achieving reductions of volatile

organic 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 the

total 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, for

example, 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 before

alternate 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 comply

94 CODE OF STATE REGULATIONS (11/30/12) ROBIN CARNAHAN

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 30th day of August, 

2012. 

fJ~_~ tn r~---f-LL~-H---_' Vice Chairman 

---,>~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 30th day of August, 2012. 

~~ , Chairman 

...:..-----=,--- {J-----P-L-ff--===-' 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 30th day 

of August, 2012. 

, Chairman 

-fi'--~~_--1'~/l'-----____ ' Vice Chairman 

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

-r~~~~~~~_______________,Member 

_________________________________,Member 

_________________________________,Member 
1

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 email 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 for public hearing at the July 25, 2012 Missouri Air 

Conservation Commission meeting. If you have any questions, please 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 Implementation Plan but will be submitted to accept 

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

Agency.

* 10 CSR 10-6.075 (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 Hazardous Air Pollutants. This rule action will not 

be submitted for inclusion in the Missouri State Implementation Plan but will be submitted to accept 
2

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 Missouri’s State Implementation Plan unless otherwise noted 

above.

Documents for the above item(s) will be available for review at the Missouri Department of Natural 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 stop subscriptions at any time on your 

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

problems with the subscription service, please contact support@govdelivery.com. 

This service is provided 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 the end of the proposed 

rulemaking under the Notice of Public Hearing and Notice to Submit Comments heading. To submit 

comments electronically, use the links below the rule or to submit written comments see the address 

below.

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

This proposed amendment will add an exemption from the vehicle emissions inspection program for Plugin Hybrid Electric Vehicles (PHEVs) 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 effective 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 promulgated from January 1, 2011 through February 16, 2012. This rule 

as a whole establishes acceptable design and performance 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 promulgated from January 1, 2011 through February 16, 2012. This rule 

as a whole 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.

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

Submit comments now

Submit written comments

Rulemakings on Public Notice - DNR Page 1 of 2

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 6/22/2012
Comments about this rulemaking will be accepted through close of business Aug. 1, 2012.

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

This proposed amendment will adopt new emission standards, updates, and clarifications to existing 

federal rule 40 CFR 61 that were promulgated from January 1, 2011 through February 16, 2012. This rule 

as a whole establishes emission standards and performance criteria for new or modified 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

Rulemakings on Public Notice - DNR Page 2 of 2

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 6/22/2012
 HEARING 7/25/2012

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 3

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

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 5

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,
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MIDWEST LITIGATION SERVICES

Page 9

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
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MIDWEST LITIGATION SERVICES

Page 10

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.
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Page 12

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
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Page 13

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
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Page 15

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
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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 OBD

test 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 the

OBD 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 system

has 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 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 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 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 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 Storage Vessels 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 Storage Vessels 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 Vessels (Including Petroleum Liquid Storage Vessels) 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 Storage Facilities

(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 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 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: SO2 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 Register
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 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 standards

for 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, 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 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 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 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, Storage Vessels, 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. 12
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 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 Storage Vessels (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 Storage Facilities

(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

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 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 Standards 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. 12
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 10-6.080 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 reference

new 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 the

State/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 share

account 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 be

a 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 Register
November 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 Conservation

Commission 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 Amendments

requirement 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 Conservation

Commission 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 provisions

of 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 Missouri

does not intend to enforce provisions of 40 CFR 60 that are currently part of the Code of Federal Regulations, but have been stayed for

any 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 from

being 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 are

assured 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 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 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 Conservation

Commission 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 Rulemaking
of 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 Missouri

does not intend to enforce provisions of 40 CFR 63 that are currently part of the Code of Federal Regulations, but have been stayed for

any 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 from

being 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 are

assured 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 Conservation

Commission 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 provisions

of 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 Missouri

does not intend to enforce provisions of 40 CFR 61 that are currently part of the Code of Federal Regulations, but have been stayed for

any 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 from

being 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 are

assured 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 Senior

Services 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