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 ofrulemaking with comments/responses 

c: Missouri Air Conservation Commission 
Title 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(Rescinded January 30, 2014)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 Rescinded: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 to

require the installation of emission monitoring devices, but does have the authority to

require reports from sources of air pollution

relating 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(Rescinded April 11, 1980)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 Rescinded: Filed Dec. 10, 1979,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, RSMo

1969, to provide for the equivalent of a construction permit system by promulgating rules

to 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

JASON KANDER (12/31/13) CODE OF STATE REGULATIONS 3

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 comments are being accepted as noted at the end of

the proposed rulemaking under the Notice of Public Hearing and Notice to Submit 

Comments heading. To submit comments electronically, use the links below the rule or to 

submit written comments see the address below.

10 CSR 10-3.010 (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 all vehicles subject to required vehicle safety 

inspections in areas outside of the Kansas City, Springfield, and St. Louis metropolitan 

areas. Since the most recent rule update in 1978, 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 through close of business September 5, 2013. 

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

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

existing federal rule 40 CFR 60 that were promulgated from February 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 through close of business July 31, 2013.

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

Rulemakings on Public Notice - DNR Page 1 of 3

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 7/3/2013
This proposed amendment will adopt new emission standards, updates, and clarifications to 

existing federal rule 40 CFR 63 that were promulgated from February 17, 2012, through 

December 31, 2012. This rule as a whole establishes emission control technology, 

performance criteria, and work practices to achieve emission standards for sources that 

emit, or have the potential to emit, hazardous air pollutants.

Proposed Rulemaking – Published in June 17, 2013 Missouri Register

Additional Information on this rulemaking. 

Submit comments now

Submit written comments

Comments will be accepted through close of business July 31, 2013.

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

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

existing federal rule 40 CFR 61 that were promulgated from February 17, 2012, through 

December 31, 2012. This rule as a whole establishes emission standards and performance 

criteria for new or modified sources emitting hazardous air pollutants.

Proposed Rulemaking – Published in June 17, 2013 Missouri Register

Additional Information on this rulemaking. 

Submit comments now

Submit written comments

Comments will be accepted through close of business July 31, 2013. 

10 CSR 10-6.130 (amendment) Controlling Emissions During Episodes of High Air 

Pollution Potential

This proposed amendment will update a table 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 provisions, 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 Methods (FEMs) for ambient monitoring of nitrogen dioxide and 

Rulemakings on Public Notice - DNR Page 2 of 3

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 7/3/2013
fine particulate matter; and two FEMs for laboratory analysis of lead. Adding the latest 

Federal Register promulgation dates to this rule will allow the latest FEMs to be used to 

meet state requirements. The ASTM Methods for determining 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 about any rule development to:

Chief, Air Quality Planning Section 

Missouri Department of Natural Resources 

Air Pollution Control Program 

P.O. Box 176 

Jefferson City, MO 65102-0176

Back to top

Rulemakings on Public Notice - DNR Page 3 of 3

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 7/3/2013
1

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 Public Notices Update-MISSOURI AIR 

CONSERVATION COMMISSION PUBLIC HEARING

This is a courtesy copy of an email bulletin sent by Cheri Bechtel.

This bulletin was sent to the following groups of people:

Subscribers of Air Public Notices (466 recipients) 

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

MISSOURI AIR CONSERVATION COMMISSION 

WILL HOLD PUBLIC HEARING 

JEFFERSON CITY, MO -- The Missouri Air Conservation Commission will hold a public hearing on 

Thursday, August 29, 2013 beginning at 9 a.m. at the Elm Street Conference Center, 1730 East Elm Street, 

Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri. The commission will hear 

testimony related to the following proposed 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 all vehicles subject to required vehicle safety inspections in areas 

outside of the Kansas City, Springfield, and St. Louis metropolitan areas. Since the most recent rule 

update in 1978, standard manufactured vehicle emissions 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 removal from the Missouri State Implementation Plan. 

 

Documents for the above item(s) will be available for review at the Missouri Department of Natural 

Resources, Air Pollution Control Program, 1659 Elm Street, Jefferson City, 

(573) 751-4817 and in the Public Notices section of the program web site http://dnr.mo.gov/env/apcp/publicnotices.htm. This information will be available at least 30 days prior to the public hearing date. 

The Department will accept written or email comments for the record until 5 p.m. on September 5, 2013. 

Please send written comments to Chief, Air Quality Planning Section, Air Pollution Control Program, P.O. 

Box 176, Jefferson City, MO 65102-0176. Email comments may be submitted via the program web site noted 
2

above. All written and email comments and public hearing testimony will be equally considered. 

 

Citizens wishing to speak at the public hearing should notify the secretary to the Missouri Air Conservation 

Commission, Missouri Department of Natural Resources, Air Pollution Control Program, P.O. Box 176, 

Jefferson City, Missouri 65102-0176, or telephone (573) 526-3420. The Department requests persons 

intending to give verbal presentations also provide a written copy of their testimony to the commission 

secretary at the time of the public hearing. 

 

Persons with disabilities requiring special services or accommodations to attend the meeting can make 

arrangements by calling the Program directly at (573) 751-4817, the Division of Environmental Quality's toll 

free number at (800) 361-4827, or by writing two weeks in advance of the meeting to: Missouri Department 

of Natural Resources, Air Conservation Commission Secretary, P.O. Box 176, Jefferson City, MO 65102. 

Hearing impaired persons may contact the program through Relay Missouri, (800) 735-2966. 

You are subscribed to the Air Public Notices topic for Missouri DNR. This information has recently been 

updated, and is now available at the link below. Thank you for your interest in the Air Public Notices. 

http://dnr.mo.gov/env/apcp/rulemaking.htm

 

Update your subscriptions, modify your password or email address, or stop subscriptions at any time on your 

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

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

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

26
 PUBLIC 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 and
 PUBLIC 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 emission
Title 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 or

redeterminations 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 be

signed 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 of

the 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 in

accordance 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 division

workday. 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 allowed

by 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 until

the 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 commission

adopts 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 in

the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri

Department of Natural Resources’ Environmental Regulatory

Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule 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 need

for 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. 13
April 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, Jefferson

City, 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 pump

system 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.] The

report 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 certification

report 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 Register
Title 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 text

of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication

in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

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 text

of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication

in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

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 text

of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication

in the Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

2045

Orders of Rulemaking

This section will contain the final text of the rules proposed

by 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 between

the 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 been

changed 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.

The agency is also required to make a brief summary ofthe 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

MISSOURI

REGISTER