STATE OF MISSOURI Matt Blunt, Governor . Doyle Childers, Director 

DEPARTMENT OF NATURAL RESOURCES 

www.dnr .mo.gov 

SEP - 3 2008 

Mr. John B. Askew 

Regional Administrator 

U.S . EPA, Region VII 

901 North Fifth Street 

Kansas City, KS 66101 

Dear Mr. Askew: 

' 

The Missouri Air Conservation Commission has recently revised or promulgated 

the following regulation(s) for the Missouri State Implementation Plan (SIP). The 

following is enclosed for your review: 

10 CSR 10-6.220 Restriction of Emission of Visible Air Contaminants 

The proposed rule amendment will remove redundant definitions, remove an 

outdated exemption for incinerators used to burn refuse in the outstate area of 

Missouri, clarify that all sources shall have the opacity of visible emissions 

determined by one of the test methods in the rule, and update the test method for 

continuous opacity monitoring systems to the latest test method reference. 

The commission adopted the enclosed rule action(s) on May 29, 2008, after 

considering comments received at public hearing. The commission has full legal 

authority to develop rules pursuant to Section 643.050 of the Missouri Air 

Conservation Law. The state followed all applicable administrative procedures in 

proposing and adopting the rule action(s) . Enclosed are the required SIP submittal 

elements for determination of plan completeness per 40 CFR Part 51, Appendix V. 

The Missouri Department of Natural Resources requests that the 

U.S . Environmental Protection Agency amend the SIP to replace the current rule(s) 

in the SIP. 

SE(" 1 -0 2008 

0 

Kcc.dM Pal- 

Mr. John B. Askew 

Page Two 

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

this submittal, please contact David J. Lamb, with the department's Air Pollution 

Control Program at P.O . Box 176, Jefferson City, MO 65102 or by phone at (573) . 

751-4817. 

Sincerely, 

AIR POLLUTION CONTROL PROGRAM 

es L. Kavanaugh 

irector 

JLK:rjm 

Enclosures : 

Copy of rule published in CSR 

Copy of commission signature page certifying Missouri Air Conservation 

Commission adoption 

Copy of technical support documentation for rule (if applicable) 

Copies of public hearing newspaper notices 

Copy of public hearing transcript introductory statement 

Copy of MO Reg order of rulemaking with comments/responses 

c : Missouri Air Conservation Commission 
CSR 

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claim in whole or i 

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confidence . 

(D) The owner or 

teen (15) working days 

preliminary decision t 

which to submit further 

ments to the director. 

inform the owner or ope 

decision on whether the 

in whole or in part wi 

days . 

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10 CSR 10-6-DEPARTMENT OF NATURAL RESOURCES 

C . The results of any emission testing 

or monitoring required to be reported under 

this rule or other rules of the commission. 

ocedures . 

An owner or operator who wishe 

onfidentiality for any information 

ursuant to this rule or other ru 

ission shall submit a claim o 

within ten (10) working d 

time the information is su 

ubmit a claim of confi 

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a timely action for judicial rev 

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preserved until adjudication of 

upon judicial review. 

A claim of confidentiality under thi 

hall be granted if1 . The owner or operator has asserted a' 

ness confidentiality claim that has not 

ired by its terms, been waived or withwn; 

2. The owner or operator has satisfactorily shown that it has taken reasonable meamay appeal to 

,or's final deciidentiality in 

appeal with 

0) working 

final decinotice of 

ormation 

a final 

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formation and that it intends to continue to 

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3 . The information is not, and has, not 

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CODE OF STATE REGULATIONS 

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for example, inforn a permit or other 

obtain a benefit from 

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(5) Conditions for A 

(A) Public Reque 

quest from a membe, 

of any information 

confidentiality, an 

not been finally 

inform both the 

and the owner or 

the information 

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mation. A preli 

information sh 

ner as a preli 

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(B) Confi 

the informa 

confidentiafity contains both in 

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nfidential treatment, the 

reasonable steps to segregd 

n entitled to confidential tre 

t subject to public disclosure . 

y include, without limitation, p 

for the public file only portion 

mitted information or applying te 

that would result in confidential info 

n being blacked out in the photocopying 

ess . If information entitled to confidentiality cannot reasonably be separated from 

Disclosure . 

pon receipt of a ree public for release 

ted under a claim of 

hich the claim has 

the director shall 

aking the request 

at the request for 

that a tentative 

lease the inforn to release the 

for 

enied, 

erson 

perator 

s denied 

n made to 

inary decisi 

be treated in the same maninary decision deny a claim 

ity under subse ions (4)(C)- 

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ntial and Public IntArmation . If 

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information is s 

tiality. 

(E) Disclo 

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provided th 

to 40 CFR 

kept confi 

(F) Su 

mation. 

poenas a, 

tion sub 

ity, if 

in a m 

claim 

deter 

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emission data, all the information must; be 

treated as subject to public disclosure . 

(C) Public Release . The director an 

designees shall not release to the 

ace in the public file, any inform 

a timely claim of confiden 

ade until the procedures 

(4)(C)-(G) and (5)(A) 

n observed . 

isclosure to Local A 

bmitted under a cl 

where the clai 

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itted under a claim of c 

claim has not been find 

nner that is designed to p 

f confidentiality until a con 

ination is made by a court or 

of competent jurisdiction. 

encies. Inforof confidenhas not been 

osed to local air 

fator is given prior 

g days in which to 

court of competent 

or enjoining the disency, and if no such 

btained and later disency has ordinances or 

g the treatment of confimation that is equivalent 

or provides notice to the 

at the information is 

local agency, and the 

al agency that the 

td a claim of confidenministrator. Inforlaim of confidennot been finally 

he administrator 

rees, pursuant 

mation will be 

ential Inforond to subr informanfidentially denied, 

serve the 

entiality 

ther triAU ORITY.~ section 643.050, RSMo 

19* Original rule filed Sept. 2, 

eff ctive May 9, 1994. 

iginal authority: 643.050, RSMo 1965, amended 1972, 

10 CSR 10-6 .220 Restriction of Emission of 

Visible Air Contaminants 

PURPOSE: This rule specifies the maximum 

allowable opacity of visible air contaminant 

emissions, unless specifically exempt or regulated by 10 CSR 10-6 .070 and requires the 

use of continuous opacity monitor systems 

(COMS) on certain air contaminant sources . 

(8/37108 ROBIN CARNAHAN 

Secretary of State 
Chapter 6-Air Quality Standards, Definitions, Sampling and Reference Methods and 

Air Pollution Control Regulations for the Entire State of Missouri 

PUBLISHER'S NOTE: The secretary of state 

has determined that the publication of the 

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

would be unduly cumbersome or expensive . 

This material as incorporated by reference in 

this rule shall be maintained by the agency at 

its headquarters and shall be made available 

to the public for inspection and copying at no 

more than the actual cost of reproduction . 

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

here . 

(1) Applicability. This rule applies to all 

sources of visible emissions throughout the 

state of Missouri with the exception of the 

following : 

(A) Internal combustion engines operated 

outside the Kansas City or St . Louis 

metropolitan areas and stationary internal 

combustion engines operated in the Kansas 

City or St . Louis metropolitan areas ; 

(B) Wood burning stoves or fireplaces used 

for heating ; 

(C) Fires used for recreational or ceremonial purposes or fires used for the noncommercial preparation of food by barbecuing ; 

(D) Fires used solely for the purpose of 

fire-fighter training ; 

(E) Smoke generating devices when a 

required permit (under 10 CSR 10-6 .060 or 

10 CSR 10-6 .065) has been issued or a written determination that a permit is not 

required has been obtained ; 

(F) The pyrolysis of wood for the production of charcoal in batch-type charcoal kilns 

(Emissions from batch-type charcoal kilns 

shall comply with the requirements of 10 

CSR 10-6 .330 Restriction of Emissions From 

Batch-Type Charcoal Kilns) ; 

(G) Truck dumping of nonmetallic minerals into any screening operation, feed hopper 

or crusher ; 

(H) Emission sources regulated by 10 CSR 

10-6 .070 and the provisions of 40 CFR part 

60, promulgated as of July 1, 2007, and hereby incorporated by reference in this rule, as 

published by the U.S . Government Printing 

Office, 732 N Capitol Street NW, Washington, DC 20401 . This rule does not incorporate any subsequent amendments or additions ; and 

(I) Any open burning that is exempt from 

open burning rule 10 CSR 10-6 .045 . 

(2) Definitions . 

(A) Capacity factor-Ratio (expressed as a 

percentage) of a power generating unit's actual annual electric output (expressed in Mwe 

hr) divided by the unit's nameplate capacity 

multiplied by 8,760 hours. 

(B) Continuous Opacity Monitoring System (COMS)-All equipment required to 

continuously measure and record the opacity 

of emissions within a stack or duct . Continuous Opacity Monitoring Systems consist of 

sample interface, analyzer and data recorder 

components and usually include, at a minimum: transmissometers, transmissometer 

control equipment, and data transmission, 

acquisition, and recording equipment. 

(C) Six (6)-minute period-A three hundred sixty (360) consecutive second time 

interval . Six (6)-minute block averages shall 

be utilized for COMS data per the provisions 

of Appendix B to 40 CFR part 60, Performance Specification 1, promulgated as of 

July 1, 2007, and hereby incorporated by reference in this rule, as published by the U.S . 

Government Printing Office, 732 N Capitol 

Street NW, Washington, DC 20401 . This rule 

does not incorporate any subsequent amendments or additions . 

(D) Smoke generating device-A specialized piece of equipment which is not an integral part of a commercial, industrial or manufacturing process and whose sole purpose is 

the creation and dispersion of fine solid or 

liquid particles in a gaseous medium . 

(E) Source-Any part or activity of an 

installation that emits or has the potential to 

emit any regulated air pollutant. 

(F) 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) Maximum Visible Emissions Limitations. Unless specified otherwise in this rule, 

no owner or other person shall cause or permit to be discharged into the atmosphere 

from any source, not exempted under this 

rule, any visible emissions greater than the 

limitations in the following table : 

A FS t Visible >rmisriw t.imira~oan 

rea o a e Exisuq¢ Saum Ha* 5a3ro 

Yaw City NitinVolian An 20% 20% 

$t, f.mals Metr+tpditan Arm 20% 

Spgrxi"rem Cmay Arex 40% 2(F% 

t3int6tsSCA ;C& dtl% 20% 

*Exception: Existing sources in the St . 

Louis metropolitan area that are not incinerators and emit less than twenty-five (25) lbs/hr 

of particulate matter shall be limited to forty 

percent (40%) opacity. 

(B) Visible Emissions Limitations, Exceptions Allowed In One (1) Six (6)-Minute Period. The visible emissions limitations in the 

following table shall be allowed for a period 

not aggregating more than one (1) six (6)-

minute period in any sixty (60) minutes : 

10 CSR 10-6 CSR 

Area of 5tstc 

Visible Futiss:as L¬mitatiocu, 

EvcEtwmrs 

_. .. .,...._,........ .,_. 

Exlsefng Sao= 

.....~., , 

?tiexr S== 

Kansas City Slcpopolirae Area 50'% a, 60%*- 

St . tails Mwelplita Am 40% 40% 

Sp*rkld*tmne Cuut4p Area 6fl% . " bp%*a 

0vwae Arm 60% 

**This exception does not apply to existing 

and new incinerators in the Kansas City metropolitan area and Springfield-Greene County. 

(C) Visible emissions over the limitations 

shown in subsection (3)(B) of this rule are in 

violation of this rule unless the director determines that the excess emissions do not warrant enforcement action based on data submitted under 10 CSR 10-6 .050 Start-Up, 

Shutdown and Malfunction Conditions . 

(D) Failure to meet the requirements of 

subsection (3)(A) solely because of the presence of uncombined water shall not be a violation of this rule. 

(E) The following emission sources shall 

have COMS installed, calibrated, maintained 

and operated in accordance with 40 CFR part 

60, Performance Specification 1 : 

1 . Coal-fired steam generating units 

with maximum heat input rate greater than 

two hundred fifty (250) million British thermal units (Btus)/hour. Exemption : Coalfired steam generating units that have an 

annual boiler capacity factor of thirty percent 

(30%) or less are exempt from this requirement; 

2. Portland cement calcining kiln operations ; and 

3. Sources that require COMS under 10 

CSR 10-6 .070 New Source Performance Regulations. 

(F) All sources shall have the opacity of 

visible emissions determined by one (1) of 

the methods in section (5) of this rule . 

(G) Compliance Determination . Compliance for any source to which this rule applies 

shall be determined from opacity measurements taken in accordance with subsection 

(3)(E) or (3)(F) of this rule. If a COMS is 

malfunctioning, a non-department qualified 

observer measurement may be used as a temporary substitute . If opacity measurements 

taken by a non-department qualified observer 

differ from visual measurements taken by a 

qualified department observer, the qualified 

department observer's opacity measurements 

shall be used to determine compliance. 

(H) Continuous Opacity Monitoring Systems (COMS) General Requirements . 

1 . Source operating time includes any 

time fuel is being combusted and/or a fan is 

being operated . 

RosiN CARNAHAN (8131108) CODE OF STATE REGULATIONS 91 

Secretary of State 
Y0SR~ 

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

2 . Cycling time . Cycling times include 

the total time a monitoring system requires to 

sample, analyze and record an emission measurement. Continuous monitoring systems for 

measuring opacity shall complete a minimum 

of one (1) cycle of operation (sampling, analyzing and data recording) for each successive ten (10)-second period . 

3. Certification . All COMS shall be 

certified by the director after review and 

acceptance of a demonstration of conformance with 40 CFR Part 60, Appendix B, 

Performance Specification 1 . 

4. Audit authority. All COMS shall be 

subject to audits conducted by the department, and all COMS records shall be made 

available upon request to department personnel . 

5 . Alternative monitoring methods . All 

alternative monitoring systems requirements, 

system locations and procedures for operation 

and maintenance which do not meet the 

requirements of this rule must be approved by 

the staff director. Submittals for approval 

determination mustA. Demonstrate that a requirement of 

subsection (3)(H), (4)(A) and/or (4)(B) of 

this rule cannot be practically met; and 

B. Demonstrate that the alternative 

produces results that adequately verify compliance . 

(I) Time Schedule for Compliance. 

1 . All new sources shall comply when 

operations begin ; and 

2 . All existing sources shall comply as 

of the effective date of this rule . 

(4) Reporting and Record Keeping. 

(A) COMS Reporting . Owners or operators of sources required to install COMS shall 

submit a quarterly written report to the director. All quarterly reports shall be postmarked no later than the thirtieth day following the end of each calendar quarter and shall 

include the following emissions data : 

1 . A summary including total time for 

each cause of excess emissions and/or monitor downtime ; 

2. Nature and cause of excess emissions, 

if known; 

3. The six (6)-minute average opacity 

values greater than the opacity emission 

requirements (The average of the values shall 

be obtained by using the procedures specified 

in the Reference Method used to determine 

the opacity of the visible emissions) ; 

4. The date and time identifying each 

period during which the COMS was inoperative (except for zero and span checks), 

including the nature and frequency of system 

repairs or adjustments that were made during 

these times ; and 

5 . If no excess emissions have occurred 

during the reporting period and the COMS 

has not been inoperative, repaired or adjusted, this information shall be stated in the 

report. 

(B) COMS Records to be Maintained . 

Owners or operators of affected sources shall 

maintain a file (hard copy or electronic version) of the following information for a minimum of two (2) years from the date the data 

was collected : 

1 . All information reported in the quarterly summaries ; and 

2. All six (6)-minute opacity averages 

and daily Quality Assurance (QA)/Quality 

Control (QC) records. 

(5) Test Methods. 

(A) Emissions from Stationary SourcesUse one (1) of the following four (4) methods : 

1 . Qualified observer in accordance 

with 10 CSR 10-6.030(9), Reference Method 

9-Visual Determination of the Opacity of 

Emissions from Stationary Sources ; 

2. Qualified observer in accordance with 

the provisions of 40 CFR part 51, Appendix 

M-Recommended Test Methods, Method 

203A-Visual Determination of Opacity of 

Emissions from Stationary Sources for TimeAveraged Regulations, promulgated as of July 

1, 2007, and hereby incorporated by reference 

in this rule, as published by the U .S . Government Printing Office, 732 N Capitol Street 

NW, Washington, DC 20401 . This rule does 

not incorporate any subsequent amendments 

or additions ; 

3 . Qualified observer in accordance with 

the provisions of 40 CFR part 51, Appendix 

M-Recommended Test Methods, Method 

203B-Visual Determination of Opacity of 

Emissions from Stationary Sources for TimeException Regulations, promulgated as of 

July 1, 2007, and hereby incorporated by reference in this rule, as published by the U .S . 

Government Printing Office, 732 N Capitol 

Street NW, Washington, DC 20401 . This rule 

does not incorporate any subsequent amendments or additions ; or 

4 . Continuous Opacity Monitoring System that complies with and is installed, calibrated, maintained, and operated in accordance with _nronose d Test Method 

203-Visual Determination of the Opacity of 

Emissions from Stationery Sources by Continuous Opacity Monitoring Systems (as proposed in the October 7, 1992, Federal Register, Volume 57, pp. 46114-46119) . 

(B) Emissions from Mobile Internal Com-' 

bustion Engines-Use a qualified observer in 

accordance with the provisions of 40 CFR 

part 60, Appendix A-Test Methods, Method 

22-Visual Determination of Fugitive Emissions from Material Sources and Smoke 

Emissions from Flares, promulgated as of 

July 1, 2007, and hereby incorporated by reference in this rule, as published by the U.S . 

Government Printing Office, 732 N Capitol 

Street NW, Washington, DC 20401 . This rule 

does not incorporate any subsequent amendments or additions . 

(C) Fugitive Emissions from Material 

Sources, Smoke Emissions from Flares and 

As Required by Permit Condition-Use a 

qualified observer in accordance with the 

provisions of 40 CFR part 60, Appendix ATest Methods, Method 22-Visual Determination of Fugitive Emissions from Material 

Sources and Smoke Emissions from Flares, 

promulgated as of July 1, 2007, and hereby 

incorporated by reference in this rule, as published by the U.S . Government Printing 

Office, 732 N Capitol Street NW, Washington, DC 20401 . This rule does not incorporate any subsequent amendments or additions . 

AUTHORITY section 643.050, RSMo 2000. * 

Original rule filed March 31, 1999, effective 

Nov. 30, 1999. Amended: Filed Feb. 28, 

2002, effective Nov. 30, 2002. Amended: 

Filed Feb. 4, 2008, effective Sept. 30, 2008. 

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

1992, 1993, 1995. 

0 CSR 10-6 .230 Administrative Pen 

POSE: This rule establishes 

or assessment of administra 

(1) Appl 

lations ad 

that are suli 

RSMo or an 

servation Co 

mitted by the 

program . 

ability. This rule 

individuals thro 

ct to sections 

rule of the 

ission or, 

ssouri 

ies to instalhout Missouri 

3.010-643.250, 

issouri Air Conmy site that is perir Pollution Control 

(2) Definitions . 

(A) Definitions 

rule may be fou 

(B) Additio 

rule areas fo 

1 . Con 

sion-A pr 

nications, 

ings, re 

confere 

tives 

tor. 

of 

te 

key words used in this 

in 0 CSR 10-6 .020(2) . 

defin 

ws: 

ions specific to this 

ence, conc iation and persuacess of verbal 

ncluding but no 

rts, corresponden 

written commulimited to meetor telephone 

ces between authori d representathe department and th 

he process shall, at mini 

e offer to meet with the all 

alleged violaum, consist 

ed violator 

any such 

alleged 

ered by the department . Duri 

eeting, the department and 

92 CODE OF STATE REGULATIONS (8131108) ROBIN CARNAHAN 

Secretary of State 
Order of Rulemaking 

Pursuant to 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 10-6.220 (amendment) Restriction of Emission of Visible Air 

Contaminants is hereby AMENDED by the Missouri Air Conservation 

Commission this 29th day of May, 2008 . 

, Chairman 

-- , Vice-Chairman 

v 

, Member 

i . a ~ (/ c 

, Member 

, Member 

, Member 

, Member 
MISSOURI AIR CONSERVATION 

COMMISSION 

WILL HOLD PUBLIC HEARING 

JEFFERSON CITY, MO -- The MI 

souri Air Conservation Commissic 

will hold a public hearing on Defir 

tions and Common Reference TablE 

. and Restriction of Emission of Visiti 

Air Contaminants on Thursday, Ap 

24, 2008. The Public Hearing w 

. begin at 9 a.m . at the Harry S. Tn 

man Building, Room 490, 301 V 

High Street, Jefferson City, MO. TY 

commission will hear testimony rela 

ed to the following item(s). 

* 10 CSR 10-6.020 (amendmen 

Definitions and Common Referenc 

Tables 

This proposed amendment will ul 

date rule definitions for genen 

maintenance of the rule by addin 

definitions for stage I/11 vapc 

recovery systems and outstate arei 

updating the lists of volatile organi 

compounds and hazardous a 

pollutants for consistency with th 

latest U.S. Environmental Protectio 

Agency lists along with removing ur 

PUBLISHER' S A F F 1®A~'. typographical 

used definitions 

STATE OF MISSOURI,) 

)SS. 

COUNTY OF COLE) 

Mike Vivion 

. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . being duly sworn, according 

Treasurer to law, says he/she is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. , of the News Tribune Company, 

Publisher of the . . . . . . . . . . . . . . . . .News-Tribune . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . : . . . . . . . . .. . . . . 

a newspaper printed and published in the County of Cole, and State 

aforesaid; that said newspaper has been published continuously for more 

than three years; and that the notice hereto attached was published in said 

paper in compliance with the provisions of Section 493.050 

R.S . of Mo. for 2000 as amended for . . . . . . . . . . . . . . . . . . . . . 1.T;M e. . . . . . . . . . . . . as follows: 

1 st insertion, No. . . . . . . . . . . . . . . . ., . . . . . ppnd . . . . . day Of . . .PllaFoh . . . . ., 20. . . . . . . .pg. . . . . . . . . . 

2nd insertion, No. . . . . . . . . . . .. . . ., . . . . . . . . . . . . . . . . . . . .day of. . . . . . . . . . . . . . . . . ., 20. . . . . . . . . . . . . . . . . . . . . 

3rd insertion, No. . . . . . . . . . . . . . . ., . . . . . . . . . . . . . . . . . . . .day of. . . . . . . . . . .. . . . . . ., 20. . . . . . . . . . . . . . . . . . . . . 

4th insertion, No. . . . . . . . . . . . . . . . ., . . . . . . . . . . . . . . . . . . . .day of. . . . . . . . . . . . . . . . . ., 20. . . . . . . . . . . . . . . . . . . . . 

5th insertion, No. .. . . . . . . . . . . . . . ., . . . . . . . . . . . . . . . . . . . .day of. . . . . . . . . . . . .. . . . ., 20. . . . . . . . . . . . . . . :. . . . . 

Fee: . . .$1.~F.DO., . . . .. . . . . . . . . . . . . . . . . . . . .,!'.'6./'~. . .-A . . . . . .v.~r.'.'2:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

-'SubsG}',lbdd 4id sworn to before me this . . . . . . . . . . . . . . .24th. . . . . . . . . . . . . . . . . . . 

. . . . . . . . .M.~:~~?~ .~ . . . . .b'?~0 . . .~._ ;: : 

08 

1 ~ ~ °f r~ L ~t . . 

;r' . CJr : I 

a .v*wj s, ..,;,,n , firC;S~?:r~< . :'.n r~.',~ ; : ~ >, ~C~!3 I "I 

AMj% term as Notary Public expires . . . . . . . . `'`;`'''`'',T. . . . . . . . . . . . . . . . . . 

* 10 CSR 10-6 .220 (amendment) RE 

striction of Emission of Visible A 

Contaminants 

This proposed amendment will rE 

move redundant definitions, remov 

an outdated exemption for i 

cinerators used to burn refuse in th 

outstate area of Missouri, clarify th 

all sources shall have the opacity 

visible emissions determined by on 

of the test methods ip the rule, an 

update the test method for conti 

ous opacity monitoring systems 

the latest test method reference. 

Documents for the above ftem(s) w 

be available for review at the Mi 

souri Department of Natural R 

sources, Air Pollution Control Pr 

gram, 1659 Elm Street, Jeffers 

City, (573) 751-4817 and in the Publ 

Notices section of the program w 

site www.dnr.mo.gov/env/apcp/i 

dex.html . . 

Persons with disabilities requiri 

special services or accommodatio 

to attend the meeting can ma 

arrangements by calling the depa 

ment directly at (573) 526-4679, 

department's toll free number 

(800) 334-6946, or by writing tv 

weeks in advance of the meeting t 

Missouri Department of Natural R 

sources, Air Conservation Commi 

sion Secretary, PO. Box 176, Jeff 

son City, MO 65102. Heari 

impaired persons may contact t 

program through Relay Missou 

(800) 735-2966 . 

The commission holds publ 

hearings under the provisions 

chapter 643, RSMo. Citizens wishi 

to speak at the public hearing sho 

notify the secretary to the Misso 

Air Conservation Commission, M 

souri Department of Natural R 

sources, Air Pollution Control P 

gram, PO. Box 176, Jefferson Ci 

Missouri 65102-0176, or telepho 

(573) 526-4679. The department 

quests persons intending to gi 

verbal presentations also provide 

written copy of their testimony to t 

commission secretary at the time 

the public hearing. The departm 

also will accept written or email co 

. ments for the record until 5 p.m . 

'May 1, 2008; please send two cop! 

of written comments to Chief, Ope 

tions Section, Air Pollution Cont 

Program, RO. Box 176, Jeffers 

City, MO 65102-0176 . Email co 
~~aramg ~w~s_~ciror,g ~ 5tt~flt~' 

~'~~~~~ ~fl~n~Sp, P ~ 

.~ action ,s(~,., y~s. hal b~ias se e y~' 2t0 

9h4, _,enalt :-;cornrt9eifts .and-.. pubR, 

eCi~~ring~'~estitrioray rYi,Al be ,ec~~tt~tl~' t . F ~t;ansl~~re~1 .. . '. 

publlc : heiring ltems ma~Mi~~~ t~`~'~d, 

by the Mis§ouri Air ~o'r~"s~atldK . 

Gomrnissltirf at ` provided` -for ,=tf~iddr 

atithDl~tty . of : 643.otp~,'-R.Sklo:f~:, :' or , fCtbTa, :fnfqrinatiori, or 'a' fCCfdp~~te 

iyir8`eftiig . agenda; Including - itelYts: 

b"~trt~ ~ presented, for ad0ti(sri-;~ 

tb.ji~a'~t~ ;ttre.s, u ~s~,~.pa¢!r~~rtt of, 

H~tMa{ 

Gont~dl tsktT~&~~~[t~ll~t;if~5T~j-$51~4'~17s : . 

7+409-d 

~'olJ .,{ ~Nll ") 

. 
IDWEST 

ITIGATION 

BEFORE THE DEPARTMENT OF NATURAL RESOURCES 

STATE OF MISSOURI 

MISSOURI AIR CONSERVATION COMMISSION MEETING 

HARRY S. TRUMAN STATE OFFICE BUILDING 

ROOM 490 ' 

301 WEST HIGH STREET 

JEFFERSON CITY, MISSOURI 

PUBLIC HEARING 

APRIL 24, 2008 

ORIGINAL 

OFFICES MISSOURI 0 ILLINOIS m KANSAS 

HEADQUARTERS : 711 NORTH ELEVENTH STREET, ST. LOUIS, MISSOURI 63101 

800 .280 .3376 

www.midwestlitigation .com 
PUBLIC HEARING 4/24/2008 

1 P R 0 C E E D I N G S 

Page 4 

2 CHAIRMAN FOHEY : This hearing will come to 

3 order . 

4 Let the record show the following 

5 Commissioners are present : Mark Fohey, Jack Baker, 

6 Richard Rocha, Mark Garnett, Gary Pendergrass and Ron 

7 Boyer . 

8 

9 

10 

11 

12 

13 

14 

15 

16 

The Air Conservation Commission, State of 

Missouri, has called this public hearing pursuant to 

Section 643 .070, Revised Statutes of Missouri ; EPA 

promulgated rule 40 CFR 51 .102, for the purpose of hearing 

testimony relating to : 10 CSR 10-6 .020 (amendment) 

Definitions and Common Reference Tables, 10 CSR 10-6 .220 

(amendment) Restriction of Emission of Visible Air 

Contaminants . 

The hearing record will close at 5 :00 p .m ., 

17 May 1st, 2008 . 

18 Anyone who has not been scheduled to appear 

19 but who wishes to be heard should indicate that you wish 

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

21 Section 643 .100 of the Missouri Statutes 

22 provides that all oral testimony be given under oath . 

23 Accordingly, when you are called to testify, please 

24 present yourself to the court reporter first to be sworn 

25 in . 

MIDWEST LITIGATION SERVICES 

www.midwestlitigation .com Phone: 1.800 .280.3376 Fax: 314.644 .1334 
PUBLIC HEARING 4/24/2008 

Page 10 

1 very clear because we're certifying . We're having to 

2 demonstrate to an executive that we're either in 

3 compliance or not with these rules . 

4 And so if there is ambiguity, if there is 

5 conflicts within the rules, it creates an internal 

6 conflict within the company, trying to convince an 

7 executive that, well, what they really meant was something 

8 different than what it says . So this activity is very 

9 helpful to those of us that are in that program. 

10 Any questions? 

11 CHAIRMAN FOHEY: Any questions? 

12 Thank you, David . 

13 CHAIRMAN FOHEY : I don't have any other 

14 under the public hearing, so I guess unless there is 

15 somebody else that didn't sign up -- 

16 MR . GRAF : There is one more rule . 

17 CHAIRMAN FOHEY : I'm sorry . 

18 MR . GRAF : Ron Jeffries . 

9 CHAIRMAN FOHEY : I'm sorry . 

20 Ron . 

21 (Witness sworn .) 

22 MR . JEFFRIES : Mr . Chairman, members of the 

23 Commission, my name is Ron Jeffries . I am employed with 

24 the Missouri Department of Natural Resources as a planner 

25 in the Air Pollution Control Program, with offices located 

MIDWEST LITIGATION SERVICES 

www.midwestlitigation .com Phone: 1.800 .280.3376 Fax: 314.644 .1334 
PUBLIC HEARING 4/24/2008 

I 1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

at 1659 East Elm Street, Jefferson City, Missouri . 

I am here to present testimony for the 

proposed amendment to 10 CSR 10-6 .220, Restriction of 

Emission of Visible Air Contaminants . The rule 

information starts on page 159 of the briefing document . 

The purpose of this rule is to specify 

opacity limitations for air contaminant emissions . This 

proposed rule amendment is administrative in nature, and 

no comments were received on the draft rule text that was 

posted on the program website for a 60-day comment period . 

The proposed rule changes are as follows : 

First, update the reference to the open burning rules to 

refer to the new open burning rule, 10 CSR 10-6 .045, that 

replaced the area specific rules that were rescinded . 

Next, remove an outdated exemption for 

incinerators used to burn refuse in the outstate area of 

Missouri because no entities are known to rely on this 

exemption and incinerator permits include opacity limits . 

Next, removing the definitions for opacity 

and outstate area because these terms are already defined 

in the Chapter 6 definitions rule . 

Next, clarify the requirement for the use of 

methods in determining opacity . 

The next change is update the opacity test 

methods to the latest available references . When the rule 

MIDWEST LITIGATION SERVICES 

www.midwestlitigation .com Phone: 1.800.280.3376 Fax: 314.644.1334 
arch 17 2008 

yol. 33, No. 6 Missouri Register Page 643 

0 

0 

0 

101 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

101 

0 

0 

0 

Antimony compounds 

Arsenic compounds (inorganic) 

Beryllium compounds 

[Beryllium salts] 

Cadmium compounds 

Chromium compounds 

Cobalt compounds 

Coke oven emissions 

Cyanide compounds' 

Glycol ethers2 

Lead compounds 

Manganese compounds 

Mercury compounds 

Fine Mineral fibers3 

Nickel compounds 

[Nickel refinery dust] 

Polycyclic organic matter4 

Radionuclides (including radon)5 

Selenium compounds 

Note: For all listings in this table that contain the word compounds 

and for glycol ethers, e following applies : Unless otherwise specitied, these listings are fined as including any unique chemical substance that contains the`named chemical (that is, antimony, arsenic 

and the like) as part of tflpt chemical's infrastructure . 

other group where a formal dissociation 

or Ca(CN)Z. 

2 Includes mono- and diether 

and triethylene glycol R-(OC 

of ethylene glycol, diethylene glycol 

CHZ)n-OR' where n = 1, 2 or 3; R 

= Alkyl or aryl groups ; R' = 

yield glycol ethers with the stru 

and ethylene glycol monobutyl 

category. 

H or groups which, when removed, 

re R-(OCHzCH2)n-OH . Polymers 

er are excluded from the glycol 

3 Includes glass microfibers, glass 

slag wool fibers, each characterized a 

ol fibers, rock wool fibers and 

respirable (fiber diameter less 

than three and one-half (3 .5) microme 

ratio (fiber length divided by fiber dia 

ers) and possessing an aspect 

ter) greater than or equal to 

three (3), as emitted from production o fiber and fiber products . 

4 Includes organic compounds with more 

and which have a boiling point greater tha 

degrees Celsius (100°C). 

AUTHORITY.- sections 643.050 and 643.055, 

rule filed Aug. 16, 1977, effective Feb. 11, 1978. 

iYfo 2000. Original 

r intervening history, please consult the Code of State Regulatio 

Feb. 4, 2008. 

. Amended: Filed 

PUBLIC COST This proposed amendment will no 

cies or political subdivisions more than five hundre 

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. in ., April 24, 2008. The public hearing will be held at the 

Harry S Truman Building, Room 490, 301 W. High Street, Jefferson 

City, Missouri . Opportunity to be heard at the hearing shall be 

afforded any interested person. Written request to be heard should 

be submitted at least seven (7) days prior to the hearing to Director, 

Missouri Department of Natural Resources' Air Pollution Control 

Program, PO Box 176, Jefferso 'ity, MO 65102-0176, (573) 751- 

4817. Interested person, whether o 

ten statement of their views until 5:00 

comments shall be sent to Chief, Ope 

n., May l, 2008. Written 

ons Section, Missouri 

Department of Natural Resources' Air Pol 

PO Box 176, Jefferson City, MO 65102-0176. 

Title 

n Control Program, 

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 .220 Restriction of Emission of Visible Air 

Contaminants . The commission proposes to amend subsections (1)(H), (1)(I), and (3)(F) ; amend section (5) ; delete subsections 

(1)(J), (2)(C), and (2)(D) ; renumber and amend original subsection 

(2)(E) ; and renumber original subsections (2)(F)-(2)(H) . If the commission adopts this rule action, it will be submitted to the U.S . 

Environmental Protection Agency to replace the current rule in the 

Missouri State Implementation Plan . The evidence supporting the 

need for this proposed rulemaking is available for viewing at the 

Missouri Department of Natural Resources' Air Pollution Control 

Program at the address and phone number 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/ruleindex .htm . 

PURPOSE: This rule specifies the maximum allowable opacity of 

visible air contaminant emissions, unless specifrcally exempt or regulated by 10 CSR 10-6 .070 and requires the use of continuous opacity monitor systems (COMS) on certain air contaminant sources . This 

amendment will remove redundant definitions, remove an outdated 

exemption, clarify use of methods, and update test method. The evidence supporting the need for this proposed rulentaking, per section 

536. 016, RSMo, is Order of Rulemaking response to connrrent for 10 

CSR 10-6 .220 published in October 1, 1999, Missouri Register; June 

20, 2000, ernail suggesting removal of outstate definition; rule comment fonn dated December 19, 2002 suggesting an alternate opacity test method; September 21, 2006 Federal Register, pp. 

55119-55128; and May 8, 2003 Federal Register, pp. 24692-24700. 

PUBLISHER'S NOTE: The secretary of state has determined that 

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

or expensive . This material as incorporated by reference in this rule 

shall be maintained by the agency at its headquarters and shall be 

made available to the public for inspection and copying at no more 

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

(1) Applicability. This rule applies to all sources of visible emissions 

throughout the state of Missouri with the exception of the following : 

(H) Emission sources regulated by 10 CSR 10-6 .070 and 40 CFR 

part 60 promulgated as of July 1, 2006 and 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, D.C. 20480. This rule does not incorporate any subsequent amendments or additions (and 10 CSR 

10-6.0701; and 

(1) Any open burning that is exempt from [applicable] open burning rule[s 10 CSR 10-2. $00, 10 CSR 10-3.030, 10 CSR 10-

4.090 and 10 CSR 10-5.070,~ and] 10 CSR 10-6 .045 . 

"lot heard, may submit a writ- 
March 17, 2008 

Page 644 Proposed Rules Vol . 33, No. 6 

[(J) Incinerators used to burn refuse in the outstate area of 

Missouri.] 

(2) Definitions . 

[(C) Opacity-The extent to which airborne material 

obstructs the transmission of incident light and obscures the 

visual background. Opacity is stated as a percentage of light 

obstructed and can be measured by a continuous opacity 

monitoring system or a trained observer. An opacity of one 

hundred percent (100%) represents a condition in which no 

light is transmitted, and the background is completely 

obscured.] 

[(D) Outstate area-Any area throughout the state except 

the City of St. Louis and St. Charles, St. Louis, Jefferson, 

Franklin, Clay, Cass, Buchanan, Ray, Jackson, Platte and 

Greene Counties.] 

[(E)I(C) Six-minute period-A three hundred sixty (360) consecutive second time interval . Six-minute block averages shall be utilized for COMS data per Appendix B to 40 CFR part 60, 

Performance Specification 1, promulgated as of July 1, 2006 and 

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, D.C. 20480. 

This rule does not incorporate any subsequent amendments or 

additions [shall be utilized for COMS data]. 

[(F)J(D) Smoke generating device-A specialized piece of equipment which is not an integral part of a commercial, industrial or 

manufacturing process and whose sole purpose is the creation and 

dispersion of fine solid or liquid particles in a gaseous medium . 

[(G)I(E) Source-Any part or activity of an installation that emits 

or has the potential to emit any regulated air pollutant . 

[(H)J(F) 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 . 

with proposed [Test Method 203-Visual Determination of the 

Opacity of Emissions from Stationary Sources by 

Continuous Opacity Monitoring Systems (as proposed in the 

October 7, 1992 Federal Register, Volume 57, pp. 

46114-46119)] Procedure 3-Quality Assurance Requirements 

for Continuous Opacity Monitoring Systems at Stationary 

Sources (as proposed in the May 8, 2003 Federal Register, Volume 

68, pp. 24696-24700) . 

(B) Emissions from Mobile Internal Combustion Engines-Use a 

qualified observer in accordance with 40 CFR part 60, Appendix 

A-Reference Methods, Method 22-Visual Determination of 

Fugitive Emissions from Material Sources and Smoke Emissions 

from Flares promulgated as of July 1, 2006 and 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, D.C. 20480. This rule 

does not incorporate any subsequent amendments or additions . 

(C) Fugitive Emissions from Material Sources, Smoke Emissions 

from Flares and As Required by Permit Condition-Use a qualified 

observer in accordance with 40 CFR part 60, Appendix AReference Methods, Method 22-Visual Determination of Fugitive 

Emissions from Material Sources and Smoke Emissions from Flares 

promulgated as of July 1, 2006 and 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, D.C. 20480. This rule does not incorporate any subsequent amendments or additions . 

AUTHORITY. section 643.050, RSMo ~2000. Original rule filed 

March 31, 1999, effective Noi: 30, 1999. Amended: Filed Feb. 28, 

2002, effective Nov. 30, 2002. Amended: Filed Feb. 4, 2008. 

PUBLIC COST.- This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) 

in the aggregate. 

(3) General Provisions . 

(F) All sources [that do not fall under the requirements of 

subsection (3)(E) of this rule] shall have the opacity of visible 

emissions determined by one of the methods in section (5) of this 

rule. 

(5) Test Methods . 

(A) Emissions from Stationary Sources-Use one of the following 

four (4) methods: 

1 . Qualified observer in accordance with 10 CSR 10-6 .030(9), 

Reference Method 9-Visual Determination of the Opacity of 

Emissions from Stationary Sources ; 

2 . Qualified observer in accordance with [proposed] Test 

Method 203A-Visual Determination of Opacity of Emissions from 

Stationary Sources for Time-Averaged Regulations [(as proposed in 

the November 22, 1993 Federal Register, Volume 58, pp. 

61640-61649)] promulgated as of July 1, 2007 and 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, D.C. 20480. This rule 

does not incorporate any subsequent amendments or additions ; 

3 . Qualified observer in accordance with [proposed] Test 

Method 203B-Visual Determination of Opacity of Emissions from 

Stationary Sources for Time-Exception Regulations [(as proposed 

in the November 22, 1993 Federal Register, Volume 58, pp. 

61640-61649)] promulgated as of July 1, 2007 and 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, D.C. 20480. This rule 

does not incorporate any subsequent amendments or additions ; 

or 

4. Continuous Opacity Monitoring System that complies with 

and is installed, calibrated, maintained and operated in accordance 

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. tit ., April 24, 2008. The public hearing will be held at the 

Harry S Truman Building, Room 490, 301 W. High Street, Jefferson 

City, Missouri. Opportunity to be heard at the hearing shall be 

afforded any interested person . Written request to be heard should 

be submitted at least seven (7) days prior to the hearing to Director, 

Missouri Department of Natural Resources' Air Pollution Control 

Progrant, PO Box 176, Jefferson City, MO 65102-0176, (573) 751-

4817. Interested persons, whether or not heard, may submit a written or entail statement of their views until 5:00 p. tit" May 1, 2008. 

Written comments shall be sent to Chief, Operations 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 2200-State Board of Nursing 

Chapter 4-General Rules 

PROPOSED RULE 

20 CSR 2200-4.025 Definitions 

PURPOSE: This rule provides definitions for specific terms used 

throughout the rules. 
Page 1502 Orders of, RulemaKing Volg33, No~s 

Cyanide Compoundsl 

Glycol ethersZ 

Lead Compounds 

Manganese Compounds 

Mercury Compounds 

Fine mineral fibers3 

Nickel Compounds 

Polycyclic Organic, 

Radionuclides (i 

Selenium Co 

Note: For all listiri 

and for glycol etherd 

fied, these listings are 

in this table that co 

the following appl. 

efined as inclu 

stance that contains the amed chem 

and the like) as part of t chemic 

Z Includes mono- and dieth 

and triethylene glycol R-( 

= Alkyl or aryl grou 

removed, yield glycol 

Polymers and ethyle 

glycol category. 

3 Includes glass 

slag wool fibe 

than three a 

ratio (fiber 

three (3) 

ethylene glycol, diethylene glycol 

in the word compounds 

s : Unless otherwise specing any unique chemical subal (that is, antimony, arsenic, 

infrastructure. 

n-OR' where n = 1, 2, or 3; R 

H, or groups which, when 

nicture R-(OCHZCHZ)n-OH . 

ther are excluded from the 

icrofibers, glass wool fibe 

, each characterized as respirab 

one-half (3 .5) micrometers) and 

ength divided by fiber diameter) grea 

s emitted from production of fiber and 

(fiber diameter less 

sessing an aspect 

than or equal to 

r products . 

es organic compounds with more than one (1) b 

ich have a boiling point greater than or equal to o 

s Celsius (100°C). 

A type of atom which spontaneously undergoes radioactive de 

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 2000, the commission 

amends a rule as follows : 

10 CSR 10-6 .220 is amended . 

A notice of proposed rulemaking containing the text of the proposed 

amendment was published in the Missouri Register on March 17, 

2008 (33 MoReg 643-644) . 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 four (4) 

comments on the proposed amendment from four (4) sources : 

AmerenUE, Empire District Electric Company, Kansas City Power 

& Light Company, and U.S . Environmental Protection Agency 

(EPA). 

rock wool fibers, and 

Due to similar concerns addressed in the following three (3) comments, one (1) response that addresses these concerns can be found 

at the end of these three (3) comments : 

COMMENT #1 : AmerenUE questioned whether proposed 

Procedure 3 in paragraph (5)(A)4 . was referenced by mistake and the 

reference should have been 40 CFR Part 60 Appendix B Performance 

Specification 1 . If proposed Procedure 3 was intended, they believe 

that the inclusion of the proposed federal test procedure is inappropriate for the following reasons : 1) the method is proposed and will 

likely change from its current form when finalized and require additional revision to the rule ; 2) there is a question of whether the inclusion of a proposed method makes the Missouri rule more stringent 

than the federal rule since the method has not been finalized ; and 3) 

there is a concern of the additional burden the inclusion of Procedure 

3 would place on sources by requiring quarterly audits of continuous 

opacity monitoring systems. 

COMMENT #2: Empire District Electric Company (EDE) commented that implementation of Procedure 3 would increase labor 

costs and other plant expenses without providing additional benefits 

to air quality. EDE believes that inclusion of Procedure 3 is inappropriate due to the fact that Procedure 3 is only a proposed method 

and will likely change from its current form when finalized . EDE 

also questions whether the inclusion of a proposed method makes the 

Missouri rule more stringent than the federal rule since the method 

has not yet been finalized . 

COMMENT #3: Kansas City Power & Light (KCP&L) expressed 

concern over using EPA proposed Procedure 3 because there is every 

possibility that it could change again before it is adopted as a final 

rule or it could live on as a proposal without receiving final formal 

approval . KCP&L is also concerned about the quarterly quality 

assurance requirements, which they believe are unnecessary and add 

needless expense. 

RESPONSE AND EXPLANATION OF CHANGE: The original 

intent was for proposed Procedure 3 to replace proposed Method 

203 . Procedure 3 was proposed in the Federal Register as a test 

method to replace the proposed Method 203. Subsection (3)(F) of the 

rule does not require the use of this method, but the department is 

not opposed to any source using it as EPA intended . When this test 

method is final, the department plans to update this rule accordingly. The question of whether the inclusion of a proposed method 

makes the Missouri rule more stringent than the federal rule since the 

method has not been finalized was raised . Discussions with the 

Attorney General's Office and the Secretary of State's Office in 1996 

concurred with the use of the proposed method in the rule . As a 

result of concerns expressed in these comments, the on inal language re erring to proposed Method 203 will ept in the rule so 

at f visible emissi be determm y that to sed 

~t},nd_ril cnch time that the Continuous acity omtonrig 

___e L, . .~~__..e,..._-_ .. . .._ 

System method/procedure is finalized. 

COMMENT #4: U.S . Environmental Protection Agency (EPA) commented that the added incorporation by reference dates varied 

between July 1, 2006, and July 1, 2007, and should all be July 1, 

2007, for consistency purposes. 

RESPONSE AND EXPLANATION OF CHANGE: As a result of 

the comment, all text with incorporation by reference language has 

been reviewed and updated to the latest incorporation by reference 

language . 

10 CSR 10-6 .220 Restriction of Emission of Visible Air 

Contaminants 

(1) Applicability. This rule applies to all sources of visible emissions 

throughout the state of Missouri with, the exception of the following: 

(H) Emission sources regulated by 10 CSR 10-6.070 and the provisions of 40 CFR part 60, promulgated as of July 1, 2007, and hereby incorporated by reference in this rule, as published by the U.S . 

Government Printing Office, 732 N Capitol Street NW, Washington, 
August 1, 2008 

Vol . 33, No. 15 Missouri Register Page 1503 

DC 20401 . This rule does not incorporate any subsequent amend- ments or additions ; and 

(2) Definitions. 

(C) Six (6)-minute period-A three hundred sixty (360) consecutive second time interval . Six (6)-minute block averages shall be utilized for COMS data per the provisions of Appendix B to 40 CFR 

part 60, Performance Specification 1, promulgated as of July 1, 

2007, and hereby incorporated by reference in this rule, as published 

by the U.S. Government Printing Office, 732 N Capitol Street NW, 

Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions. 

(5) Test Methods . 

(A) Emissions from Stationary Sources-Use one (1) of the following four (4) methods: 

1 . Qualified observer in accordance with 10 CSR 10-6 .030(9), 

Reference Method 9-Visual Determination of the Opacity of 

Emissions from Stationary Sources ; 

2. Qualified observer in accordance with the provisions of 40 

CFR part 51, Appendix M-Recommended Test Methods, Method 

203A-Visual Determination of Opacity of Emissions from 

Stationary Sources for Time-Averaged Regulations, promulgated as 

of July 1, 2007, and hereby incorporated by reference in this rule, as 

published by the U.S . Government Printing Office, 732 N Capitol 

Street NW, Washington, DC 20401 . This rule does not incorporate 

any subsequent amendments or additions ; 

3. Qualified observer in accordance with the provisions of 40 

CFR part 51, Appendix M-Recommended Test Methods, Method 

203B-Visual Determination of Opacity of Emissions from 

Stationary Sources for Time-Exception Regulations, promulgated as 

of July 1, 2007, and hereby incorporated by reference in this rule, as 

published by the U.S . Government Printing Office, 732 N Capitol 

Street NW, Washington, DC 20401 . This rule does not incorporate 

any subsequent amendments or additions ; or 

4. Continuous Opacity Monitoring System that complies with 

and is installed, calibrated, maintained, and operated in accordance 

with proposed Test Method 203-Visual Determination of the 

Opacity of Emissions from Stationery Sources by Continuous 

Opacity Monitoring Systems (as proposed in the October 7, 1992, 

Federal Register, Volume 57, pp. 46114-46119) . 

(B) Emissions from Mobile Internal Combustion Engines-Use a 

qualified observer in accordance with the provisions of 40 CFR part 

60, Appendix A-Test Methods, Method 22-Visual Determination 

of Fugitive Emissions from Material Sources and Smoke Emissions 

from Flares, promulgated as of July 1, 2007, and hereby incorporated by reference in this rule, as published by the U.S . Government 

Printing Office, 732 N Capitol Street NW, Washington, DC 20401 . 

This rule does not incorporate any subsequent amendments or additions . 

(C) Fugitive Emissions from Material Sources, Smoke Emissions 

from Flares and As Required by Permit Condition-Use a qualified 

observer in accordance with the provisions of 40 CFR part 60, 

Appendix A-Test Methods, Method 22-Visual Determination of 

Fugitive Emissions from Material Sources and Smoke Emissions 

from Flares, promulgated as of July 1, 2007, and hereby incorporated by reference in this rule, as published by the U.S . Government 

Printing Office, 732 N Capitol Street NW, Washington, DC 20401 . 

This rule does not incorporate any subsequent amendments or additions . 

-DEPARTMENT OF SOCIAL S 

isiQn 70-MO HealthNet 

ions of 

Reimbursement and Pi 

ES 

ion 

er Participation, 

of General Applicability 

By the authority vested in the MO HealthNet Division under secti 

08.201, 208.431, and 208.435, RSMo Supp. 2007, the di 

ends a rule as follows : 

13 CSR 70-3 .170 Medicaid Managed Care Organ, 

A notice 

Reimbursement Allowance is amended 

proposed rulemaking containing the 

amendment 

(33 MoR:eg 

is published in the Missouri Regist 

5-788). No changes have been 

proposed ame ment, so it is not reprint 

amendment bec es effective thirty (30) da 

Code of State Reg lations. 

Title 19-DEPA 

SE 

Division 30-Divisio 

Chapte 

By the authority vested 

Services under section 

a rule as follows : 

of the proposed 

on April 15, 2008 

Me in the text of the 

ere. This proposed 

after publication in the 

OF HEALTH AND 

RVICES 

egulation and Licensure 

0-Hospitals 

artment of Health and Senior 

o 2000, the department adopts 

A notice of p 

rule was pub, 

MoReg 550 

posed rul 

effective 

Regula 

osed rulemaking containing 

shed in the Missouri Register 

e text of the proposed 

March 3, 2008 (33 

556) . No changes have been made the text of the proso it is not reprinted here . This pro 

thirty (30) days after publication in 

ons. 

sed rule becomes 

Code of State 

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