### Mr. 

### Karl Brooks Page Two

submittal is also being provided as an electronic attachment in an email to the Region VII Missouri coordinator.

Thank you for your attention to this matter. If you have any questions regarding this submittal, please contact Wendy Vit, with the Department's Air Pollution Control Program at P.O. Box 176, Jefferson City, MO 65102 or by phone at (573) 751-7840. Sincerely,

AIR PO LUTION CONTROL PROGRAM

KLM:src
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) Copy of public hearing notices Copy of public hearing transcript introductory statement Copy of MO Reg proposed rulemaking Copy of MO Reg order of rulemaking with comments/responses

c: Missouri Air Conservation CommissionTitle 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 3—Air Pollution Control Rules Specific to the Outstate Missouri Area 10 CSR 10-3.010 Auto Exhaust Emission Controls (Rescinded January 30, 2014) AUTHORITY: section 643.050, RSMo Supp. 1992. Original rule filed April 26, 1968, effective May 6, 1968. Amended: Filed Aug. 16, 1977, effective Feb. 11, 1978. Rescinded: Filed June 3, 2013, effective Jan. 30, 2014. Op. Atty. Gen. No. 331, Shell (11-15-71)

. The Missouri Air Conservation Commission does not have any specific authority torequire the installation of emission monitoring devices, but does have the authority to require reports from sources of air pollutionrelating to rate, period of emission and composition of effluent, and to make such information available to the public, unless any such information is “confidential” as defined by section 203.050.4, RSMo 1969. 10 CSR 10-3.020 Approval of Planned Installations (Rescinded April 11, 1980) AUTHORITY: section 203.050, RSMo 1978. Original rule filed Sept. 8, 1970, effective Sept. 18, 1970. Amended: Filed Jan. 31, 1972, effective Feb. 10, 1972. Amended: Filed Aug. 25, 1972, effective Sept. 4, 1972. Amended: Filed Aug. 16, 1977, effective Feb. 11, 1978. Rescinded: Filed Dec. 10, 1979, effective April 11, 1980. Op. Atty. Gen. No. 331, Shell (11-15-71)

. The Missouri Air Conservation Commission has the authority under Chapter 203, RSMo1969, to provide for the equivalent of a construction permit system by promulgating rulesto require the submission of plans and specifications for approval before any person may construct any facility which will cause air pollution, but that the commission has no such authority regarding an equivalent permit system for the operation of existing facilities which are the source of air pollution.

10 CSR 10-3.030 Open Burning Restrictions (Rescinded January 30, 2008) AUTHORITY: section 643.050, RSMo Supp.1997. Original rule filed Sept. 8, 1970, effective Sept. 18, 1970. Amended: Filed Jan. 31, 1972, effective Feb. 10, 1972. Amended: Filed Aug. 16, 1977, effective Feb. 11, 1978. Amended: Filed Nov. 9, 1983, effective April 12, 1984. Amended: Filed Jan. 2, 1998, effective Aug. 30, 1998. Rescinded: Filed June 7, 2007, effective Jan. 30, 2008.

10 CSR 10-3.040 Incinerators (Rescinded December 9, 1991) AUTHORITY: section 203.050, RSMo 1986. Original rule filed Sept. 8, 1970, effective Sept. 18, 1970. Amended: Filed Jan. 31, 1972, effective Feb. 10, 1972. Amended: Filed Aug. 16, 1977, effective Feb. 11, 1978. Amended: Filed Dec. 15, 1982, effective May 12, 1983. Amended: Filed Oct. 13, 1983, effective March 12, 1984. Rescinded: Filed May 20, 1991, effective Dec. 9, 1991.

10 CSR 10-3.050 Restriction of Emission of Particulate Matter From Industrial Processes (Rescinded March 30, 2001) AUTHORITY: section 643.050, RSMo Supp. 1998. Original rule filed March 24, 1971, effective April 3, 1971. Amended: Filed Jan. 31, 1972, effective Feb. 10, 1972. Amended: Filed June 30, 1975, effective July 10, 1975. Amended: Filed Aug. 16, 1977, effective Feb. 11, 1978. Amended: Filed May 12, 1978, effective Oct. 11, 1978. Amended: Filed March 15, 1979, effective Nov. 11, 1979. Amended: Filed Oct. 11, 1983, effective March 12, 1984. Amended: Filed June 15, 1998, effective Jan. 30, 1999. Amended: Filed Feb. 16, 1999, effective Sept. 30, 1999. Emergency amendment filed March 26, 1999, effective April 5, 1999, expired Oct. 1, 1999. Rescinded: Filed Aug. 4, 2000, effective March 30, 2001.

10 CSR 10-3.060 Maximum Allowable Emissions of Particulate Matter From Fuel Burning Equipment Used for Indirect Heating (Rescinded October 30, 2011) AUTHORITY: section 643.050, RSMo 1986. Original rule filed March 24, 1971, effective April 3, 1971. Amended: Filed Jan. 31, 1972, effective Feb. 10, 1972. Amended: Filed June 30, 1975, effective July 10, 1975. Amended: Filed Aug. 16, 1977, effective Feb. 11, 1978. Amended: Filed March 15, 1979, effective Nov. 11, 1979. Amended: Filed Oct. 13, 1983, effective March 12, 1984. Amended: Filed March 14, 1984, effective Sept. 14, 1984. Amended: Filed April 1, 2002, effective Nov. 30, 2002. Rescinded: Filed Feb. 25, 2011, effective Oct. 30, 2011.

10 CSR 10-3.070 Restriction of Particulate Matter From Becoming Airborne (Rescinded September 28, 1990) AUTHORITY: section 203.050, RSMo 1986. Original rule filed July 13, 1971, effective July 23, 1971. Amended: Filed Jan. 31, 1972, effective Feb. 10, 1972. Amended: Filed June 30, 1975, effective July 10, 1975. Amended: Filed Aug. 16, 1977, effective Feb. 11, 1978. Amended: Filed May 11, 1984, effective Oct. 11, 1984. Rescinded: Filed March 5, 1990, effective Sept. 28, 1990.

10 CSR 10-3.080 Restriction of Emission of Visible Air Contaminants (Rescinded May 30, 2000) AUTHORITY: section 643.050, RSMo Supp. 1997. Original rule filed March 24, 1971, effective April 3, 1971. Amended: Filed Jan. 31, 1972, effective Feb. 10, 1972. Amended: Filed Jan. 14, 1977, effective July 11, 1977. Amended: Filed Aug. 16, 1977, effective Feb. 11, 1978. Amended: Filed March 15, 1979,effective Nov. 11, 1979. Emergency amendment filed June 15, 1995, effective June 25, 1995, expired Oct. 22, 1995. Amended: Filed Sept. 14, 1995, effective May 30, 1996. Amended: Filed June 15, 1998, effective Jan. 30, 1999. Rescinded: Filed Sept. 15, 1999, effective May 30, 2000.

10 CSR 10-3.090 Restriction of Emission of Odors (Rescinded November 30, 2010) AUTHORITY: section 643.050, RSMo 2000. Original rule filed July 13, 1971, effective July 23, 1971. Amended: Filed Jan. 31, 1972, effective Feb. 10, 1972. Amended: Filed Aug. 15, 1983, effective Jan. 13, 1984. Amended: Filed Nov. 2, 1998, effective July 30, 1999. Amended: Filed Feb. 14, 2003, effective Sept. 30, 2003. Amended: Filed Dec. 4, 2006, effective July 30, 2007. Rescinded: Filed April 14, 2010, effective Nov. 30, 2010.

10 CSR 10-3.100 Restriction of Emission of Sulfur Compounds (Rescinded July 30, 1997) AUTHORITY: section 643.050, RSMo 1986. Original rule filed March 24, 1971, effective

CODE OF STATE REGULATIONS 3 J ASON K ANDER (12/31/13) Secretary of State 

### Chapter 3—Air Pollution Control Rules Specific to the Outstate Missouri Area 10 CSR 10-3

### Order of Rulemaking Compliant with 643.055 RSMo, the Missouri Air Conservation Commission has determined that this action is needed to have a U.S. Environmental Protection Ag-ency approved State Implementation Plan.
10 CSR 10-3.010 (rescission) Auto Exhaust Emission Controls, is hereby 

### ADOPTED by the Missouri Air Conservation Commission this 26th day of September, 2013.

, Chairman

_________________________________ ,Member

_________________________________ ,Member

_________________________________ ,Member

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

# Air Pollution Control Program

Rulemakings on Public Notice The Missouri Department of Natural Resources filed the following proposed rulemakings with the secretary of state's office and comme nts are being accepted as noted at the end of the proposed rulemaking under the Notice of Public Hearing and Notice to Submit Comments heading. To submit comments electronica lly, use the links below the rule or to submit written comments see the address below. 10 CSR 10-3.010 ( rescission ) Auto Exhaust Emission Controls This proposed rescission will remove an outdated rule origin ally written in 1972. This rule was intended to control emissions from all ve hicles subject to required vehicle safety inspections in areas outside of the Kansas Ci ty, Springfield, and St. Louis metropolitan areas. Since the most recent rule update in 1 978, standard manufactured vehicle emissions equipment has advanced significantly beyond the requirements set forth by this rule. Proposed Rulemaking – Published in July 1, 2013 Missouri Register Additional Information on this rulemaking. Submit comments now Submit written comments Comments will be accepted throug h close of business September 5, 2013. 10 CSR 10-6.070 (amendment) New Source Performance Regulations This proposed amendmen t will adopt new emission standards, updates, and clarifications to existing federal rule 40 CFR 60 that were promulgated from Febr uary 17, 2012, through December 31, 2012. This rule as a whole establishes acceptable design and performance criteria for specified new or modified emission sources. Proposed Rulemaking Proposed Rulemaking

– Published in June 17, 2013 Missouri Register Additional Information on this rulemaking. Submit comments now Submit written comments Comments will be accepted thro ugh close of business July 31, 2013. 10 CSR 10-6.075 ( amendment ) Maximum Achievable Control Technology Regulations Pa g e 1 of 3 Rulemakin g s on Public Notice - DNR

7/3/2013 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm

### This proposed amendment will ad opt new emission stan dards, updates, and clarifications to existing federal rule 40 CFR 63 that were promulgated from Febr uary 17, 2012, through December 31, 2012. This rule as a whole establis hes emission control technology, performance criteria, and work practices to achieve emission standards for sources that emit, or have the potential to emit, hazardous air pollutants. Proposed Rulemaking – Published in June 17, 2013 Missouri Register Additional Information on this rulemaking. Submit comments now Submit written comments Comments will be accepted thro ugh close of business July 31, 2013. 10 CSR 10-6.080 (amendment) Emissi on Standards for Hazardous Air Pollutants This proposed amendmen t will adopt new emission standards, updates, and clarifications to existing federal rule 40 CFR 61 that were promulgated from Febr uary 17, 2012, through December 31, 2012. This rule as a whole establishes emission standards and performance criteria for new or modified source s emitting hazardous air pollutants. Proposed Rulemaking – Published in June 17, 2013 Missouri Register Additional Information on this rulemaking. Submit comments now Submit written comments Comments will be accepted thro ugh close of business July 31, 2013. 10 CSR 10-6.130 (amendment) Co ntrolling Emissions During Episodes of High Air Pollution Potential This proposed amendment will update a tabl e by removing the pollutant concentration breakpoints that become inaccurate each time the National Ambient Air Quality Standards change, clarify the requirement for sources to provide the Department with an emissions reduction plan when requested, clarify rule pr ovisions, and remove definitions that can be found in 10 CSR 10-6.020 Definitions and Common Reference Tables. Proposed Rulemaking – Published in June 17, 2013 Missouri Register Additional Information on this rulemaking. Submit comments now Submit written comments Comments about this rulemaking will be accepted through close of business July 31, 2013 10 CSR 10-6.040 ( amendment ) Reference Methods This proposed amendment will update the incorporation by reference in section (4) to include the latest Federal Register promulgation dates. Recent Federal Register Notices add Federal Equivalency Method s (FEMs) for ambient monitori ng of nitrogen dioxide and Pa g e 2 of 3 Rulemakin g s on Public Notice - DNR

7/3/2013 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm

### fine particulate matter; and two FEMs for laboratory analysis of lead. Adding the latest Federal Register promulgation dates to this ru le will allow the latest FEMs to be used to meet state requirements. The ASTM Methods for determin ing parameters such as fuel sulfur and heat content are also being updated to the latest versions available. Proposed Rulemaking – Published in May 1, 2013 Missouri Register Additional Information on this rulemaking. Submit comments now Submit written comments Comments about this rulemaking will be accepted through close of business July 5, 2013. Submit written comments abou t any rule development to: Chief, Air Quality Planning Section Missouri Department of Natural Resources Air Pollution Control Program P.O. Box 176 Jefferson City, MO 65102-0176 Back to top Pa g e 3 of 3 Rulemakin g s on Public Notice - DNR

7/3/2013 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm1 

### Bechtel, Cheri

From: Missouri DNR <MODNR@public.govdelivery.com> Sent: Thursday, July 18, 2013 1:58 PM To: Bechtel, Cheri Subject: Courtesy Copy: Missouri DNR Air Pu blic Notices Update-MISSOURI AIR CONSERVATION COMMISSION PUBLIC HEARING



### This is a courtesy copy of an em ail bulletin sent by Cheri Bechtel. This bulletin was sent to the following groups of people:
Subscribers of Air Public Notices (466 recipients)

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

.

MISSOURI AIR CONSER VATION COMMISSION WILL HOLD PUBLIC HEARING JEFFERSON CITY, MO -- The Missouri Air Conser vation Commission will hol d a public hearing on Thursday, August 29, 2013 beginning at 9 a.m. at the Elm Street Conference Cent er, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri. The commission will hear testimony related to the fo llowing proposed action(s): * 10 CSR 10-3.010 (rescission) Auto Exhaust Emission Controls This proposed rescission will remove an outdated rule originally written in 1972. This rule was intended to control emissions from a ll vehicles subject to required vehicle safety inspections in areas outside of the Kansas City, Springfield, and St. Loui s metropolitan areas. Since the most recent rule update in 1978, standard manufactured vehicle em issions equipment has advanced significantly beyond the requirements set forth by this rule. If the Commission adopts the above rule action, it will be the Department’s intention to submit the rule action to the U.S. Environmental Protection Agency for re moval from the Missouri State Implementation Plan. Documents for the above item(s) will be available for review at the Missour i Department of Natural Resources, Air Pollution Control Progr am, 1659 Elm Street, Jefferson City, (573) 751-4817 and in the Public Notices section of the program web site http://dnr.mo.gov/env/apcp/publicnotices.htm . This information will be available at leas t 30 days prior to the public hearing date. The Department will accept written or email comments for the record until 5 p.m. on September 5, 2013. Please send written comments to Chief, Air Quality Planning Section, Air Polluti on Control Program, P.O. Box 176, Jefferson Cit y , MO 65102-0176. Email comments ma y be submitted via the pro g ram web site noted2 

### above. All written and email comments and public hearing testimony will be equally considered. Citizens wishing to speak at the public hearing should notify the secretary to th e Missouri Air Conservation Commission, Missouri Department of Natural Resour ces, Air Pollution Control Program, P.O. Box 176, Jefferson City, Missouri 65102-0176, or telephone ( 573) 526-3420. The Department requests persons intending to give verbal presenta tions also provide a wr itten copy of their testimony to the commission secretary at the time of the public hearing. Persons with disabilities requiring special services or accommodations to attend the meeting can make arrangements by calling the Program di rectly at (573) 751-4817, the Divisi on of Environmental Quality's toll free number at (800) 361-4827, or by writing two weeks in advance of the meeting to: Missouri Department of Natural Resources, Air Conservation Commissi on Secretary, P.O. Box 176, Jefferson City, MO 65102. Hearing impaired persons may contact the program through Relay Missouri, (800) 735-2966.

You are subscribed to the Air Publ ic Notices topic for Missouri DNR. Th is information has recently been updated, and is now available at the link below. Tha nk you for your interest in the Air Public Notices. http://dnr.mo.gov/env/apcp/rulemaking.htm

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.PUBLIC HEARING 8/29/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 2 

### 1 DEPARTMENT OF NATURAL RESOURCES 2 STATE OF MISSOURI 3 4 MISSOURI AIR CONSERVATION COMMISSION 5 6 7 Public Hearing 8 In Re: 10 CSR 10-3.010 (rescission) 9 Auto Exhaust Emission Controls 10 11 August 29, 2013 12 Elm Street Conference Center 1730 East Elm Street 13 Jefferson City, Missouri 14 15 BEFORE: Jack Baker, Chairman Mark S. Garnett, Commissioner 16 Gary Pendergrass, Commissioner David Zimmerman, Commissioner 17 18 19 20 21 REPORTED BY: 22 KELLENE K. FEDDERSEN, RPR, CSR, CCR Missouri CCR No. 838 23 Midwest Litigation Services 3432 West Truman Boulevard, Suite 207 24 Jefferson City, MO 65109 (573)636-7551 25 26PUBLIC HEARING 8/29/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 3 

### 1 (WHEREUPON, the public hearing began
2 at 9:35 a.m.) 3 MR. BAKER: The hearing will come to 4 order. Let the record show the following 5 Commissioners are present: Jack Baker, Mark 6 Garnett, Gary Pendergrass and David Zimmerman.
7 The Air Conservation Commission of 8 the State of Missouri has called this public 9 hearing pursuant to Section 643.070, Revised 10 Statutes of Missouri; EPA promulgated rule 11 40 CFR 51.102, for the purpose of hearing testimony 12 relating to 10 CSR 10-3.010 (rescission) Auto
13 Exhaust Emission Controls. 14 The hearing will close at 5 p.m. on 15 September the 5th, 2013. Anyone who has not been 16 scheduled to appear but who wishes to be heard 17 should indicate that you wish to speak on the 18 sign-in sheets available at the door.
19 Section 643.100 of the Missouri 20 Statutes provides that all oral testimony be given 21 under oath. Accordingly, when you're called to 22 testify, please present yourself to the court 23 reporter first to be sworn in. 24 When you testify, please state your 25 name, business address, your occupation andPUBLIC HEARING 8/29/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 5 

### 1 Springfield local pollution control agencies, 2 Illinois, Kansas and other surrounding states and 3 the U.S. Environmental Protection Agency of this 4 public hearing. 5 Chairman, this concludes my 6 testimony. 7 MR. BAKER: Ms. Shelly Reimer. 8 SHELLY REIMER, being sworn, testified as follows: 9 MS. REIMER: Good morning, 10 Commissioners. My name is Shelly Reimer. I'm in 11 the rules unit of the Air Pollution Program, at 12 1659 East Elm Street in Jefferson City, Missouri. 13 I am here to present testimony on the 14 proposed rescission of 10 CSR 10-3.010, Auto
15 Exhaust Emission Controls. The rule information 16 begins on page 71 of your briefing document. 17 The purpose of this rulemaking is to 18 rescind this outdated rule originally written in
19 1972. This rule was intended to control emissions 20 from all vehicles subject to required vehicle 21 safety inspections in areas outside of the 22 Kansas City, Springfield and St. Louis metropolitan

23 areas. 24 Since the most recent rule update in 25 1978, standard manufacturer vehicle emissionTitle 8—DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS Division 10—Division of Employment Security Chapter 5—Appeals PROPOSED AMENDMENT 8 CSR 10-5.010 Appeals to an Appeals Tribunal . The division is proposing to amend section (4), add new subsections (5)(B) and (5)(C), reletter subsequent subsections, and amend new subsection (5)(G). PURPOSE: This amendment amends the rules regarding the filing of unemployment insurance appeals to an Appeals Tribunal to permit the filing of appeals by Internet and to require appeals of fraudulent and non-fraudulent benefit overpayment determinations to be filed within thirty- (30-) calendar days of the date the determinations orredeterminations were delivered in person or mailed to the appellant’s last known address. (4) Appeals to benefit or tax-related matters and petitions for reassessment may be filed [by mail or facsimile transmission directed to the address set forth on the determination or petition. All appeals and petitions for reassessment must besigned by the appellant/petitioner or designated representative.] in one (1) of the following ways:

(A) By mail to the address specified on the determination or assessment;

(B) By facsimile transmission to the facsimile number specified on the determination or assessment; or

(C) By the Internet at a site or address specified on the determination or assessment. (5) Time Limit for Appeal.

(A) An appeal to a determination or redetermination under section 288.070.6, RSMo, shall be filed within thirty- (30-) calendar days ofthe date the determination or redetermination was delivered in person or mailed to the appellant’s last known address.

(B) An appeal to a fraudulent benefit overpayment and penalty determination or redetermination under section 288.380.9, RSMo, shall be filed within thirty

- (30

- ) calendar days of the date the determination or redetermination was delivered in person or mailed to the appellant’s last known address.

(C) An appeal to a non-fraudulent benefit overpayment determination or redetermination under section 288.380.13, RSMo, shall be filed within thirty- (30-) calendar days of the date the determination or redetermination was delivered in person or mailed to the appellant’s last known address.

[(B)] (D) An appeal to an ex parte determination or redetermination under section 288.130.4, RSMo, shall be filed within thirty- (30-) calendar days of the date of the mailing of the determination or redetermination to the party’s last known address or, in the absence of mailing, the date of personal service to the party.

[(C)] (E) A petition for reassessment shall be filed within thirty (30) days of the date the assessment was mailed to the petitioner inaccordance with section 288.160, RSMo, or, in the absence of mailing, the date of personal service to the petitioner.

[(D)] (F) An appeal or petition for reassessment shall be deemed to have been filed as of the date endorsed by the United States Post Office. In the absence of an endorsement by the United States Post Office, the appeal or petition for reassessment shall be deemed to have been filed on the date received by the division.

[(E)] (G) [Fax] Internet and facsimile transmissions of appeals and petitions for reassessment that are received on a regular workday will be considered as filed on the date of receipt. [A fax] An Internet or facsimile transmission received on a Saturday, Sunday, or legal holiday will be considered filed on the next regular divisionworkday. Date and time of receipt will be determined by the division’s computer system or receiving fax machine. Persons filing by [fax] Internet or facsimile transmission must retain [the] any confirmation or receipt of transmission with the original document for reference by the hearing officer if so requested.

[(F)] (H) In computing any period of time prescribed or allowedby these rules, the date of the issuance of a determination, redetermination, assessment, order, or decision shall not be counted. The last day of the period shall be counted unless it is a Saturday, Sunday, or legal holiday; in which event, the period shall run untilthe end of the next day that is not a Saturday, Sunday, or legal holiday. For the purpose of these rules and Chapter 288, RSMo, legal holiday means— 1. Those dates designated public holidays by Chapter 9, RSMo; and 2. Any other day designated a public or legal holiday by the governor. AUTHORITY: section 288.190, RSMo Supp. [2010] 2012, and section 288.220.5, RSMo 2000. Original rule filed Sept. 30, 1946, effective Oct. 10, 1946. For intervening history, please consult the Code of State Regulations . Amended: Filed May 30, 2013.PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate. NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with the Division of Employment Security; Attn: Ken Jacob, Director, PO Box 59, Jefferson City, MO 65104-0059. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register . No public hearing is scheduled.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 3—Air Pollution Control Rules Specific to the Outstate Missouri Area PROPOSED RESCISSION
10 CSR 10-3.010 Auto Exhaust Emission Controls . This rule was intended to control emissions from all vehicles subject to required vehicle safety inspections in areas outside of the Kansas City, Springfield, and St. Louis metropolitan areas. If the commissionadopts this rule action, it will be the department’s intention to submit this rule rescission to the U.S. Environmental Protection Agency for removal from 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 listed inthe Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri Department of Natural Resources’ Environmental Regulatory Agenda website, www.dnr.mo.gov/regs/index.html.PURPOSE: This rule was intended to control emissions from all vehicles subject to required vehicle safety inspections in areas outside of the Kansas City, Springfield, and St. Louis metropolitan areas. This rule rescission is an administrative clean-up of an outdated state air rule that is no longer necessary. The evidence supporting the needfor this proposed rulemaking, per 536.016, RSMo, is the public hearing testimony for this rulemaking. AUTHORITY: section 643.050, RSMo Supp. 1992. Original rule filed 

### Page 1100 Proposed Rules July 1, 2013 Vol. 38, No. 13April 26, 1968, effective May 6, 1968. Amended: Filed Aug. 16, 1977, effective Feb. 11, 1978. Rescinded: Filed June 3, 2013. PUBLIC COST: This proposed rescission will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.PRIVATE COST: This proposed rescission 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 rescission will begin at 9:00 a.m., August 29, 2013. The public hearing will be held at the Elm Street Conference Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri.Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit a written or email statement of their views until 5:00 p.m., September 5, 2013. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, JeffersonCity, MO 65102-0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 23—Division of Geology and Land Survey Chapter 5—Heat Pump Construction Code PROPOSED AMENDMENT
10 CSR 23-5.010 Definitions . The division is amending sections (1), (3), and (4). PURPOSE: This amendment clarifies definitions used in Chapter 5.(1) Horizontal closed-loop heat pump well means a trench or pit usually parallel to the horizon [and more than ten feet (10') in depth] into which a closed-loop pipe is placed for the purpose of heat transfer. Closed-loop heat pump systems installed in trenches or pits ten feet (10') or less in depth are exempt from these rules. (3) [Vertical closed-loop heat pump well means the borehole perpendicular to the horizon deeper than ten feet (10’) into which a closed-loop pipe is placed for the purpose of heat transfer.] Open-loop water return well means a well constructed for the purpose of returning water that has passed through the heat pump unit to the same aquifer, at a similar depth, that was produced from in the open-loop water supply well. (4) [Water return well means a well constructed for the purpose of returning water that has passed through the heat pump machine to the same aquifer that it was produced from in the open-loop water supply well.] Vertical closed-loop heat pump well means a borehole perpendicular to the horizon deeper than ten feet (10') into which a closed-loop pipe is placed for the purpose of heat transfer. AUTHORITY: sections 256.603, 256.606 , and 256.626, RSMo [1994] 2000 . Emergency rule filed Nov. 16, 1993, effective Dec. 11,1993, expired April 9, 1994. Original rule filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed Nov. 1, 1995, effective June 30, 1996. Amended: Filed May 17, 2013.PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate. PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate. NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with the Department of Natural Resources, Division of Geology & Land Survey, Sheri Fry, PO Box 250, Rolla, MO 65402 or via email at sheri.fry@dnr.mo.gov. To be considered, comments must be received by 5:00 p.m., August 8, 2013. A public hearing is scheduled for 9:00 a.m., August 1, 2013 at the Department of Natural Resources, Division of Geology and Land Survey, Annex Conference Room, 111 Fairgrounds Road, Rolla, MO 65401.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 23—Division of Geology and Land Survey Chapter 5—Heat Pump Construction Code PROPOSED AMENDMENT 10 CSR 23-5.020 Certification and Registration of Heat Pump Systems . The division is amending sections (1)–(5), wrapping old section (5) into section (4), and adding a new section (5).PURPOSE: This amendment clarifies the type of form to be submitted to the division and information provided. (1) A certification report form, supplied by the division, shall be used to report the construction of open-loop (water well certification form) and closed-loop heat pump systems (heat pump certification form) which utilize trenches, or pits and/or wells as loop installation points. One (1) certification report form per heat pumpsystem shall be completed and submitted to the division by the permittee within sixty (60) days after completion of the system. The certification report form shall be [accompanied by] submitted with the certification fee (see 10 CSR 23-2 for fees). [The permittee shall furnish the well owner one (1) copy, the division one (1) copy and retain one (1) copy in the permittee’s files.] Thereport form shall contain all required information. Heat pump systems that utilize trenches [or bodies of water] to house the closedloop are required to submit one (1) certification report form for the system. Heat pump systems that utilize wells are required to submit one (1) certification report form. (2) The certification process involves the review of the certificationreport form to be sure that the heat pump system meets all construction requirements , as verified by the contractor, necessary for the specific area the system has been constructed. [The minimum construction standards were written to protect Missouri’s groundwater and to help ensure that the construction of the system does not constitute a threat to this resource.] The certification form shall contain all required information. (3) Upon successful completion of the review of the certification report forms, a certification number, which indicates that the heat pump system has met the minimum construction standards set in these rules, will be sent to the land owner. (4) The registration process involves the documentation , on forms supplied by the division, of certain types of activities , [according to the requirements and reported on forms supplied by the division] required by law

. [(5)] A registration report form [, supplied by the division,] shall be used to report major repairs , [and alterations of heat pump systems and] or the plugging of heat pump systems . [and] The form must be submitted to the division by the permittee within sixty (60) days after completion
. [of the appropriate operations.] The registration [report form] fee shall be [accompanied by] submitted with the registration [fee] report 

### Page 1101 July 1, 2013 Vol. 38, No. 13 Missouri RegisterTitle 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 3—Air Pollution Control Rules Specific to the Outstate Missouri Area ORDER OF RULEMAKING By the authority vested in the Missouri Air Conservation Commission under section 643.050, RSMo Supp. 2013, the commission rescinds a rule as follows:

10 CSR 10-3.010 Auto Exhaust Emission Controls is rescinded

. A notice of proposed rulemaking containing the proposed rescission was published in the Missouri Register on July 1, 2013 (38 MoReg 1100–1101). No changes have been made in the proposed rescission, so it is not reprinted here. This proposed rescission becomes effective thirty (30) days after publication in the Code of State Regulations

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

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 40—Land Reclamation Commission Chapter 6—Permitting Requirements for Surface and Underground Coal Mining and Reclamation Operations and Coal Exploration ORDER OF RULEMAKING By the authority vested in the Land Reclamation Commission under section 444.530, RSMo 2000, and section 444.767, RSMo Supp. 2013, the commission amends a rule as follows:

10 CSR 40-6.030 Surface Mining Permit Applications—Minimum

Requirements for Legal, Financial, Compliance, and Related Information is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on August 15, 2013 (38 MoReg 1298–1299). No changes have been made in the textof the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

. SUMMARY OF COMMENTS: No comments were received.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 40—Land Reclamation Commission Chapter 6—Permitting Requirements for Surface and Underground Coal Mining and Reclamation Operations and Coal Exploration ORDER OF RULEMAKING By the authority vested in the Land Reclamation Commission under section 444.530, RSMo 2000, and section 444.767, RSMo Supp. 2013, the commission amends a rule as follows:

10 CSR 40-6.070 Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on August 15, 2013 (38 MoReg 1299–1300). No changes have been made in the textof the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

. SUMMARY OF COMMENTS: No comments were received.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 40—Land Reclamation Commission Chapter 6—Permitting Requirements for Surface and Underground Coal Mining and Reclamation Operations and Coal Exploration ORDER OF RULEMAKING By the authority vested in the Land Reclamation Commission under section 444.530, RSMo 2000, and section 444.767, RSMo Supp. 2013, the commission amends a rule as follows:
10 CSR 40-6.100 Underground Mining Permit Applications—

Minimum Requirements for Legal, Financial, Compliance, and Related Information is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on August 15, 2013 (38 MoReg 1300–1301). No changes have been made in the textof the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

. SUMMARY OF COMMENTS: No comments were received. 2045 

# Orders of Rulemaking


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

. 

# T he agency is also required to make a brief summary of the general nature and extent of comments submitted in support of or opposition to the proposed rule and a concise summary of the testimony presented at the hearing, if any,held in connection with the rulemaking, together with a concise summary of the agency’s findings with respect to the merits of any such testimony or comments which are opposed in whole or in part to the proposed rule. The ninety- (90-) day period during which an agency shall file its Order of Rulemaking for publication in the Missouri Register begins either: 1) after the hearing on the Proposed Rulemaking is held; or 2) at the end of the time for submission of comments to the agency. During this period, the agency shall file with the secretary of state the order of rulemaking, either putting the proposed rule into effect, with or without further changes, or withdrawing the proposed rule. December 2, 2013 Vol. 38, No. 23 M ISSOURI R EGISTER