### 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 foryour review : 10 CSR 10-6.220 Restriction of Emission ofVisible Air Contaminants The proposed rule amendment will remove redundant definitions, remove an outdated exemption for incinerators used to burn refuse in the outstate area of Missouri, clarify that all sources shall have the opacity ofvisible emissions determined by one ofthe test methods in the rule, and update the test method for continuous opacity monitoring systems to the latest test method reference. The commission adopted theenclosed 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 ofthe Missouri Air Conservation Law

. The state followed all applicable administrative procedures in proposing and adopting the rule action(s) . Enclosed are the required SIPsubmittal elements for determination ofplan completeness per 40 CFRPart 51, Appendix V . The Missouri Department of Natural Resources requests that the U .S. Environmental Protection Agency amend the SIP to replace thecurrent rule(s) in the SIP

. SE(" 

# 1 -0 2008

0 Kcc.dM

Pal-

# Mr. John B . Askew Page Two Thank you foryour attention to this matter. Ifyou 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, MO65102or by phone at (573) . 751-4817. Sincerely, AIRPOLLUTION CONTROL PROGRAM

es L. Kavanaugh irector JLK :rjm Enclosures: Copy ofrule published in CSR Copy ofcommission signature page certifying Missouri Air Conservation Commission adoption Copy oftechnical support documentation for rule (ifapplicable) Copies ofpublic hearing newspaper notices Copy ofpublic hearing transcript introductory statement Copy of MOReg order ofrulemaking with comments/responses c: Missouri Air Conservation Commission

# CSR

(4)(A 

### claim mitted the co fidential lowing th Failure to within the waiver of an' (13) The c accompanied mation is entitl (C) Upon rec fidentiality, the claim and inform the claimhas been inary decision has claim in whole or i which the claimis re confidence. (D) The owner or teen (15) working days preliminary decision t which to submit further ments to the director. informthe owner or ope decision on whether the in whole or in part wi days. (E) The owner or the commission from sion to deny a clai whole or part by fili the staff director w days after receipt sion. Upon the t appeal, the confi, shall be prese order by the c (F) If the c deny the cla in part, the tion as subj owner or judicial r RSMo. is filed, shall b matter, (G rule

m 

## 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 claimo within ten (10) working d time the information is su ubmit a claim of confi equired time shall claim to confidentiali mof confidentialit ajustification tha d to confidential



### c pt of a timely rector shall e owner or granted, or been mad part . U iewed i 

### elY~

shall be the inforeatment. imof convaluate the perator that hat a prelimto deny the il that time in shall be held in r shall have fifthe receipt of the ny the claim in tification or comhe director shall or of his/her final m will be denied en (10) working erato e direc of con g a notice thin twenty f the director' ely filing of entiality of the i d until the entry mission. mission's final decisi of confidentiality in w irector shall treat the in ct to public disclosure unle perator files a timely actio iew pursuant to section 536. a timely action for judicial rev he confidentiality of the informat preserved until adjudication of uponjudicial 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 ures to protect the confidentiality of the

formation and that it intends to continue to e those measures; 3. The information is not, and has, not

, reasonablv obtained without i the be ow sons of le based cial or 4. disclosu 5. and 6. Th rily shownmation

### A . Is to the busine B. Wa disclosure wo director's abilit tion in the futu submitted if the ulatory or contr some benefit or under the Missou and implementing mation required to approval is submitte the Missouri Air Con

which is e emission tled to c may take informat fromth steps copyin the s niqu ma pro r's or operator's consent by other (other than governmental bodies) timate means (other than dis n a showing of special needs in uasijudicial proceeding) ; o statute specifically require e of the information; e information is not emis owner or operator has at public disclosure likely to cause sub ' competitive po voluntarily su Id be likely to obtain ne Informat ector ha ctual a void Air

CODE OF STATE REGULATIONS peruse veryjudipublic on data;atisfactotantial harm tion; or itted and its 

### o impair the ssary informan is voluntarily no statutory, reghority to obtain ome disadvantage Conservation Law for example, inforn a permit or other obtain a benefit from rvation Commission) . (5) Conditions for A (A) Public Reque quest froma membe, ofany information confidentiality, an not been finally inform both the and the owner or the information decision has be mation. A preli information sh ner as a preli of confidenti (G) of this (B) Confi the informa confidentiafity contains both in

itled to confidential treat ta or other information 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 claimof 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)- 

### e. ntial and Public IntArmation. If on submitted under claim of

brmation ent and ot entiector that ment esetoof 

### Division 10-Air Conservation Commission

h or whic been sectio have b (D) mation s tiality, a finally de pollution c 1 . The notice fiftee obtain an or jurisdiction re closure to the order is obtaine solved; or 2. The loca regulations respect dential business infl to this rule, the dir, owner or operat being disclosed director inform information is s tiality. (E) Disclo mation submi tiality, and denied, may provided th to 40CFR kept confi (F) Su mation. poenas a, tion sub ity, if in a m claim deter buna 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 Eed, may be dis ntrol agencies owner or op (15) work r from training ocal

A ed under a e claim has e disclosed to administrator .215, that the info ntial . poenas for Confi e director shall res d discovery requests itted under a claimof 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 competentjurisdiction. encies. Inforof confidenhas not been osed to local airfator 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 tda claimof 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. iginalauthority: 643

.050, RSMo 1965, amended 1972,
10CSR 10-6.220Restriction 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 ofState

## Chapter 6-Air Quality Standards, Definitions, Sampling and Reference Methods and

Air Pollution Control Regulations forthe Entire State of Missouri

PUBLISHER'S NOTE: The secretary ofstate 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 thepublicfor 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 10-6.330Restriction 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 ofJuly 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>rmisriwt.imira~oan reao e a Exisuq¢Saum Ha*5a3ro Yaw City NitinVolian An 20% 20% $t, f.mals Metr+tpditanArm 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 CSR10-6 CSR

Area of5tstc Visible Futiss:as L ¬ mitatiocu, EvcEtwmrs

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

. ExlsefngSao= .....~

., , ?tiexr S== KansasCitySlcpopolirae Area 50'%a, 60%*- St. tailsMwelplitaAm 40% 40% Sp*rkld*tmneCuut4pArea 6fl%

. " bp%*a 0vwaeArm 60% **This exception does not apply to existing and newincinerators in the Kansas City metropolitan area and Springfield-Greene County. (C) Visible emissions over the limitations shown in subsection (3)(B) ofthis 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 CFRpart 60, Performance Specification 1 : 1 . Coal-fired steam generating units with maximumheat 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 fromopacity 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 fromvisual 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

# Y0

SR~ 10 CSR 10-6-DEPARTMENT OF NATURAL RESOURCES Division 10-AirConservation Commission

2. Cycling time. Cycling times include the total time a monitoring systemrequires 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, systemlocations 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 newsources 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 ofsources 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 minimumof 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 fromStationary SourcesUse one (1) of the following four (4) methods: 1 . Qualified observer in accordance with 10CSR 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 fromStationary 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, DC20401 . This rule does not incorporate any subsequent amendments or additions; or 4. Continuous Opacity Monitoring Systemthat complies with and is installed, calibrated, maintained, and operated in accordance with _nronosed Test Method 203-Visual Determination of the Opacity of Emissions fromStationery Sources by Continuous Opacity Monitoring Systems (as proposed in the October 7, 1992, Federal Register, Volume 57, pp. 46114-46119) . (B) Emissions fromMobile 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 ofadministra (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

iation and persuaence, conc cess of verbal ncluding but no rts, corresponden written commulimited to meetor telephone d representaces between authori the 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

, MemberMISSOURI 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 

# PUBLI 

# SHER

'S AFF1®A ~' . typographical used definitions 

## STATE OF MISSOURI,) )SS. 

## COUNTY OF COLE) Mike Vivion



## . . .. .. . . .. . .. .. . .. .. . .. .. . . .. . ... ... . . .. . . .. . .. .... .. . .. . . . ... .. .. .. . . .. .. . . .being duly sworn, according Treasurer of the News Tribune Company, to law, says he/she is .. .. .. . .. . .. .. . .. .. .. . .. . . .. .. . . . , 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 2000as amended for .. .. .. .. . ... .. .. . .. ..1.T ;M e. ... . .. . .. . .. as follows: 1st 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}',lbdd4id sworn to before me this. .. . .. .. . ... . . .24th. .. . . ... .. . ... . . . ..

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## AMj%termas 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 programw 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 e .~ , s (~,., y~ s

. hal b

~ i a s se y~

' 2 t0 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 AIRCONSERVATION COMMISSION MEETING HARRY S. TRUMANSTATE OFFICE BUILDING

ROOM 490 ' 301 WEST HIGH STREET JEFFERSONCITY, 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

### PUBLICHEARING4/24/2008

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 HEARING4/24/2008 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 LITIGATIONSERVICES www .midwestlitigation .com Phone: 1 .800.280 .3376 Fax: 314 .644.1334

### PUBLICHEARING4/24/2008

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 LITIGATIONSERVICES 

### www .midwestlitigation.com Phone: 1 .800.280 .3376 Fax: 314 .644.1334arch 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) Berylliumcompounds [Berylliumsalts] Cadmiumcompounds Chromiumcompounds 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 Seleniumcompounds 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. Hor 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 fromproduction 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 643.050and 643.055, rulefiled 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 PUBLICHEARINGAND NOTICE TOSUBMIT COMMENTS : A public hearing on this proposed amendment will begin at 9:00a.in., April 24, 2008 . The public hearing will be held at the Harry S Truman Building, Room490, 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, Open., 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 PROPOSEDAMENDMENT 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 Programat 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 maximumallowable 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 ofmethods, and update test method. The evidence supporting the needfor this proposed rulentaking, per section 536 . 016, RSMo, is Order ofRulemaking response to connrrentfor 10 CSR 10-6.220published in October 1, 1999, Missouri Register; June 20, 2000, ernail suggesting removal ofoutstate 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 ofthe entire text ofthe material which is incorporated by reference as a portion ofthis 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 ofreproduction. 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 systemor 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 fromFlares 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 fromMaterial Sources, Smoke Emissions fromFlares 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 fromFlares 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 thanfive 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 fromStationary 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 fromStationary 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 thanfive hundred dollars ($500) in the aggregate. NOTICE OF PUBLIC HEARINGAND NOTICE TOSUBMIT 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, Room490, 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, MO65102-0176 . Email comments shall be sent to apcprulespn@dnr.mo.gov. 

### Title 20-DEPARTMENT OF INSURANCE, FINANCIAL INSTITUTIONS ANDPROFESSIONAL

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 O rders of, RulemaKing Volg33, No~s Cyanide Compoundsl Glycol ethersZ 

### Lead Compounds Manganese Compounds Mercury Compounds Fine mineral fibers3 Nickel Compounds Polycyclic Organic, Radionuclides (i SeleniumCo Note: For all listiri and for glycol etherd fied, these listings are in this table that co

the following appl . efined as inclu amed chem stance that contains the 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 fromproduction 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) . Atype of atomwhich 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 ORDEROF 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 Programreceived 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 40CFRPart 60Appendix 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 formwhen finalized and require additional revision to the rule; 2) there is a question ofwhether 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 ofthe 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 formwhen 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 inallanguage 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 ___eL, . .~~__

..e,..._-_.. . .._ Systemmethod/procedure is finali zed. 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 ofvisible 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 of40 CFRpart 60, promulgated as ofJuly 1, 2007, and hereby incorporated by reference in this rule, as published by the U.S . Government Printing Office, 732 NCapitol 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 fromMobile Internal Combustion Engines-Use a qualified observer in accordance with the provisions of 40CFR 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 fromMaterial 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 fromFlares, 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-MOHealthNet

ions of Reimbursement and Pi 

### ES ion er Participation, of General Applicability By the authority vested in the MOHealthNet Division under secti 08.201, 208.431, and 208.435, RSMo Supp. 2007, the di ends a rule as follows: 13 CSR70-3.170 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) . Nochanges 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 HEALTHAND 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 ARY OF COMMENTS: No comments were