NOV 1 7 2009 

Mr. William W. Rice 

Acting Regional Administrator 

U.S. EPA, Region VII 

901 North Fifth Street 

Kansas City, KS 66101 

Dear Mr. Rice: 

NOV 2 4 2009 

APCO 

The Missouri Air Conservation Commission has recently revised or promulgated the 

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

is enclosed for your review: 

10 CSR 10-6.045 Open Burning Requirements 

This new rule consolidates four area specific open burning rules into one rule that is 

applicable statewide. The rule sets forth the conditions and restrictions for the open 

burning of refuse and combustible materials throughout Missouri and defines when an 

open burning permit is required. The new rule permits the open burning of certain trade 

wastes for situations where open burning is in the best interest of the general public or 

when it can be shown that open burning is the safest and most feasible method of 

disposal. The rule also reserves the right for the staff director to deny, revoke or suspend 

an open burning permit in nonattainment areas when conditions exist where burning 

would be considered detrimental to air quality standards. 

10 CSR 10-2.100 Open Burning Restrictions 

10 CSR 10-3.030 Open Burning Restrictions 10 CSR 10-4.090 Open Burning Restrictions 10 CSR 10-5.070 Open Burning Restrictions 

These four rule rescissions are the four area specific open burning rules that are being 

replaced with the new consolidated statewide open burning rule 10 CSR 10-6.045. The 

commission adopted the enclosed rule action(s) on September 27, 2007, for the 

rescissions and on April30, 2009, for the new rule after considering comments received 

0 

Rcl'\clcd I,UJH.r 
Section 643.050 of the Missouri Air Conservation Law. The state followed all applicable 

administrative procedures in proposing and adopting the rule action(s). Enclosed are the 

required submittal elements for determination of plan completeness per 40 CFR Part 51 , 

Appendix V. 

The Missouri Department ofNatural Resources requests that the U.S. Environmental 

Protection Agency amend the SIP to replace the current rule(s) in the SIP. 

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) 751-4817. 

Sincerely, 

AIR POLLUTION CONTROL PROGRAM 

JLK:pms 

Enclosures: 

Copy of rule published in CSR 

Copy of commission signature page certifying Missouri Air Conservation Commission 

adoption 

Copy of technical support documentation for rule (if applicable) 

Copies of public hearing newspaper notices 

Copy of public hearing transcript introductory statement 

Copy of MO Reg order of rulemaking with comments/responses 

c: Missouri Air Conservation Commission 
CSR 10

6.045, which consolidated four ( 4) area specific rules. Following the 

promulgation of this rule, it came to the attention of the department's Air Pollution 

Control Program that certain provisions of the earlier open burning rules were not 

included in the current rule. The lack of these provisions in tum caused a hardship for 

several industries, specifically home builders in the St. Louis area and Dyno Nobel of 

America located in Carthage. For the home builders the hardship was that future work 

had already been contracted out for land clearing operations based on the area specific 

regulation at that time. For Dyno Nobel the concern was in disposal of explosive 

material. This amendment to 6.045 corrected those specific situations and gave the staff 

director authority to handle similar situations in the future. 

The amendment, like the original area specific rules, permits the open burning of certain 

trade wastes for situations where open burning is in the best interest of the general public 

or when it can be shown that open burning is the safest and most feasible method of 

disposal [paragraph (3)(A)10]. The rule amendment also reserves the right for the staff 

director to deny, revoke or suspend an open burning permit in nonattainment areas when 

conditions exist where burning would be considered detrimental to air quality standards 

[subsection (3)(E)]. Finally, the amendment changed the general provisions section. As 

currently written, the regulation limits liability to an individual who is directly 

responsible for a violation; meaning the one who starts the fire. The former rule language 

extended the regulatory liability to any person, such as a property owner who hires an 

individual to start the fire. This change brought the regulation back into line with the 

intent of the former rule and section (3) was changed accordingly. 

EPA Region VII provided comments on the amendment and requested that the 

department provide a technical demonstration outlining the difference between this rule, 

which is an amendment to a consolidation of four separate rules, and the original rules 

approved in the state implementation plan showing that this rule is as stringent as the original state implementation plan approved version and that there are no net air quality 

dis benefit as a result of the revision. 

Demonstration 

Calculating emission increases or decreases from open burning is difficult since the 

amount and frequency of open burning is generally not known for many of the activities 

that go on in the state, such as recreational fires, noncommercial food preparation, yard 

waste, etc. The intent of the consolidated rule was to take the more stringent language 

from each of the area specific rules and incorporate that into the consolidated rule. 

1 
the open burning of gaseous trade wastes or chemical safety flares. Gaseous trade wastes 

or chemical safety flares will now be covered under open burning of certain trade wastes. 

The new rule, since it covers the entire state, now addresses activities where the 

individual, area specific rules are silent or where only one of the four rules may have had 

such language. An example of this is a prohibition on open burning which causes or 

constitutes a public health hazard, nuisance, a hazard to vehicular or air traffic. Only one 

of the four rules, 3.030, had language on this. The new rule has this language and as a 

result it now applies statewide. Another example is in nonattainment areas, the director 

may deny, revoke, or suspend a permit when conditions exist where burning would be 

considered detrimental to air quality standards. This was not found in any of the area 

specific rules, but it is present in the amended rule. This provision should strengthen the 

ability of the director to maintain air quality on potentially bad days. 

The following calculations demonstrate that any potential trade waste that is open burned 

will result in a negligible increase in air pollutants in the St. Louis area. 

Most St. Louis area pollutant emissions are decreasing as a result of federal, state, and 

local regulations and actions. Recent inventory data prepared for the fine particulate 

matter plan for the St. Louis nonattainment area shows that pollutant emission levels are 

decreasing from base year 2002 and at milestone dates of2009 and 2012 (Table 1). 

Table 1. St. Louis Non-Attainment Area Emissions Trend Totals in tons per year. 

Year/Pollutant SOz NOx voc PMz.s NH3 co 

2002 261,281 202,168 109,802 21,249 11,327 865,763 

2009 209,064 145,717 100,829 24,725 6,691 766,994 2012 183,215 111,903 86,847 22,474 7,144 631,340 

Net change from (52,217) (56,451) (8,973) 3,476 (4,636) (98,769) 

2002 to 2009 

Regulation 10 CSR 10-6.045 bans the open burning of trade waste except when it can be 

shown that a situation exists where open burning is in the best interest of the general 

public, or when it can be shown that open burning is the safest and most feasible method 

of disposal. There are currently no trade waste open burning permits issued in the St. 

Louis area. The best example of trade waste that is open burned is explosive material 

resulting from the operations ofDyno-Nobel, an explosives manufacturer in Carthage, 

Missouri. While not located in the St. Louis area, the calculations show the negligible 

2 
I Dyno-Nobel 

0.0046 0.0091 

These emission levels are negligible when compared to the total emissions in the 

St. Louis nonattainment area. 

Conclusion 

As shown by the comments we received after the rule was in place, the new rule was 

stricter than the rule(s) it replaced, resulting in hardship to several industries. The 

amendment addressed those comments and restored the rule back to what was in place 

previously. In addition, there is a provision for the director to deny, revoke, or suspend a 

permit when conditions exist where burning would be considered detrimental to air 

quality standards. The rule is strengthened by adding the definition of untreated wood. The definition 

clarifies what is and is not untreated wood for compliance and enforcement purposes. In 

addition, the reporting and record keeping sections of the rule, along with the test 

methods section, have been strengthened by adding specific federal requirements. 

The consolidated rule was not written to allow an increase in emissions and should result 

in negligible changes in emissions compared to the previous area specific rules. 

Attachments 

3 

Open Burning Rule Comparison Chart 

4.U~U New Hule 

2.100 3.030 (Springfield- 5.070 New Rule 6.045 Subsection 

Activity (Kansas City) (Outstate) Greene) (St. Louis) (Entire State) Reference 

Definitions - specific to open burning rule - - - - untreated wood (2)(A) 

Prohibition on open burning of tires, petroleum-based products, trade waste, Yes Yes Yes Yes Yes (3) 

construction or demolition waste, salvage operation waste or asbestos 

containing material 

Prohibitions on open burning which causes or constitutes a public health - Yes - - Yes (3) 

hazard, nuisance, a hazard to vehicular or air traffic 

Allowed open burning of recreational and ceremonial fires Yes Yes Yes Yes Yes (3)(A)1 .-

Allowed open burning for noncommercial preparation of food Yes Yes Yes Yes Yes (3)(A)2. 

Allowed open burning of household or domestic refuse, with exceptions Yes Yes Yes No Yes (3)(A)3. 

Allowed open burning for land clearing of vegetative debris - - - Limited times Yes (3)(A)4. 

Allowed open burning of )'_ard waste, with exceptions Yes - - - Yes (3)(A)5. 

Allowed open burning of untreated wood waste materials - Yes - - Yes (3)(A)6. 

Allowed open burning for fire training exercises - Yes Yes Yes Yes (3}(A)7. 

Allowed open burning for agricultural burning Yes Yes Yes Yes Yes (3)(A)8. 

Allowed open burning of gaseous trade wastes or chemical safety flares Yes - - Yes No 

Allowed open burning for natural resource and land management - Yes - Yes Yes (3)(A)9. 

Allowed open burning of certain trade wastes under situations Yes Yes Yes - Yes (3)(A)10. 

Open burning permit required for burning of untreated wood waste Yes Yes Yes - Yes (3)(8)1. 

Open burning permit required for commercial land clearing operations - Yes - Yes Yes (3)(8)2. 

Annually renewable burning permit for commercial tree trimming operations - Yes - - Yes (3)(C) 

and municipal utility tree trimming operations ... \ , 

1 

Annual renewable burning permit if used with an air curtain destructor - - - Yes Yes (3)(0)_ 

or incinerator 

In nonattainment area, the director may deny, revoke, or suspend a permit - - - - Yes (3)(E) 

when conditions exist where burning would be considered detrimental 

to air quality standards 

Reporting and Record Keeping - - - - 40 CFR part 60 (4) 

Subpart ecce 

Test Methods - - - - 40 CFR part 60 (5) 

Method 9 

7/20/2009 

Comparison of original open burning rule 10 CSR 10-5.070 with new rule 10 CSR 10-6.045 

Underline added to highlight key terms used in regulations for comparison purposes. 

10 CSR 10-5.070 Open Burning Restrictions 

PURPOSE: This rule prohibits the disposal of refuse 

by open burning except as provided under 

specified conditions. 

(1) Open Burning Restrictions. 

(A) No person shall dispose ofhousehold 

refuse by open burning, or cause, allow 

or permit open burning of refuse except 

in areas outside of incorporated 

municipalities. 

(B) All open burning ofleaves, brush, or 

other vegetation shall be prohibited 

except in areas outside of incorporated 

municipalities. 

10 CSR 10-6.045 Open Burning 

Requirements 

PURPOSE: This rule sets forth the conditions 

and restrictions for the open burning of refuse 

and combustible materials throughout 

Missouri and defines when an open burning 

permit is required. The evidence supporting 

the need for this proposed rule making, per 

section 536.016, RSMo, are the various citizen 

petitions concerning open burning received in 

2005 and meeting minutes for 2005/2006 open 

burning workgroup meetings. 

(3)(A)3.D. St. Louis metropolitan area. 

The open burning ofhousehold 

refuse is prohibited; 

(3)(A)5.D. St. Louis metropolitan area. 

The open burning of trees, tree leaves, 

brush, or any other type of vegetation 

is limited to the period beginning 

September 16 and ending April 14 of 

each calendar year and limited to a 

total base area not to exceed sixteen 

(16) square feet. Any open burning 

shall be conducted only between the 

hours of 10:00 a.m. and 4:00p.m. and 

is limited to areas outside of 

incorporated municipalities; 

1 

Comparison of 5.070 versus 6.045 

No change. Subsection (1 )(A) in 5.070 

is addressed in subparagraph 

(3)(A)3.D. in 6.045 

No change. Subsection (1)(B) in 5.070 

is addressed in subparagraph 

(3)(A)5.D. in 6.045 

"""\ 
2 

(C) No person shall conduct, cause or (3) General Provisions. No person may No change. Subsections (l)(C) and 

permit the conduct of a salvage conduct, cause, permit, or allow the (D) in 5.070 are addressed in section 

operation by open burning. disposal of tires, petroleum-based (3) in 6.045 

(D) No person shall cause or permit the products, trade waste, construction or 

disposal of trade wastes or tires by open demolition waste, salvage operation waste 

burning. or asbestos containing materials by open 

burning, except as permitted below. 

Nothing in this rule may be construed as 

to allow open burning which causes or 

constitutes a public health hazard, / 

nuisance, a hazard to vehicular or air 

traffic, nor which violates any other rule 

or statute. 

(E) This regulation shall not apply to the (3)(A) The following types of open burning No change. Subsection (l)(E) in 5.070 

following: are allowed by the department when is addressed in paragraphs (3)(A)l. and 

1. Fires used for recreational pumoses not prohibited by other laws, 2. in 6.045 

or fires used for the noncommercial regulations, or ordinances: 

preparation of food, such as 1. Recreational and ceremonial 

barbecuing; fires. These fires shall be comprised of 

2. Flares burning for the combustion vegetative woody materials or 

of gaseous trade waste; untreated wood products only; / 

2. Noncommercial preparation of ' 

food, such as by barbecuing; 

3. Fires set for the purpose of training (3)(A)7. Fire training exercises. Fires set No change. Paragraph (l)(E)3. in 

fire fighters or industrial employees for the purposes of training fire 5.070 is addressed in paragraph 

in fire fighting methods if the fighters and industrial employees in (3)(A)7. in 6.045. The additional 

director is notified in writing fire fighting methods provided that- standards listed in 6.045 are at least as 

twenty-four (24) hours prior to the A. The training is strict as what was required in 5.070. 

fire training. Fire training for conducted in accordance with National I 

industrial employees shall be Fire Protection Association standards, _j 
3 

permitted by the fire department NFP A 1403, Standard on Live Fire 

having jurisdiction. In the case of a Training Evolutions (2002 Edition), for 

local fire department accepting fire fighters and NFP A 600, Standard 

buildings for purposes of fire on Industrial Fire Brigades (2005 

training, it is the responsibility of Edition), for industrial employees. The 

that fire department to assure all provisions ofNFPA 1403 and 600 

asbestos containing products or shall apply and are hereby incorporated 

materials or petroleum based by reference in this rule, as published 

products or materials such as by the National Fire Protection 

asphalt shingles and floor or ceiling Association, 11 Tracy Drive, A von, 

tiles are removed prior to fire MA 02322. This rule does not 

training; and incorporate any subsequent 

amendments or additions. These 

exercises include, but are not limited 

to, liquefied gas propane fueled 

simulators, flashover simulators, and 

stationary live burn towers; and 

B. Acquired structures to 

be used for training exercises are 

subject to the requirements of 10 CSR 

10-6.080, subsection (3)(M), National 

Emission Standard for Asbestos. 

These requirements include, but are 

not limited to, inspection of and 

notification to the director. All 

petroleum-based products are to be ~ 

removed from any acquired structure 

that is to be burned as part of a training 

exercise; 

4. A prescribed burning for natural (3)(A)9. Natural resource and land No change. Paragraph (l)(E)4. in 

resource management purposes. management. Prescribed fires set for 5.070 is addressed in paragraph 

natural resource management (3)(A)9. in 6.045 

purposes; and 
4 

(2) Definitions. Definitions of some of the terms (2) Definitions. No change. Section (2) in 5.070 is 

used in this rule may be found in 10 CSR 10- (A) Untreated wood-Lumber and addressed in Section (2) in 6.045. The 

6.020. other wooden materials that definition of untreated wood in 6.045 

have not been chemically serves to further clarify the rule 

treated for resistance to applicability. 

moisture, fire, fungi, insects 

and other pests, or has not 

otherwise been treated or 

manufactured with chemicals, 

or that does not contain 

adhesives or resins. Untreated I 

wood does not include 

plywood, particleboard, 

chipboard and wood with other 

than insignificant quantities of 

paint, coating or finish. 

(B) Definitions of certain terms 

specified in this rule, other than 

those defined in this rule 

section, may be found in 1 0 

CSR 10-6.020. 

(3) Other Restrictions and Provisions. 

(A) Effective April15, 1996, open burning (3)(A)3.D. St. Louis metropolitan area. No change. Subsection (3)(A) in 5.070 

ofhousehold refuse shall be a violation The open burning ofhousehold refuse is addressed in subparagraph (3)(A)3.D. 

of this rule in the entire St. Louis ozone is prohibited; in 6.045 

nonattainrnent area. 

(B) Effective April 15, 1996, the open (3)(A)5.D. St. Louis metropolitan area. No change. Subsections (3)(B) through 

burning of tree leaves or residential The open burning of trees, tree leaves, (D) in 5.070 are addressed in 

brush or any other tme of vegetation is brush, or any other tme of vegetation subparagraph (3)(A)5.D. in 6.045 

limited to the period beginning is limited to the period beginning 

SeQtember 16 and ending AQril 14 of SeQtember 16 and ending AQril 14 of 

each calendar year. each calendar year and limited to a 

(C) Piled material to be open burned under total base area not to exceed sixteen 

subsection (3)(B) shall be limited to a (16) square feet. Any open burning 

total base area not to exceed sixteen shall be conducted only between the 

(16) square feet. hours of 10:00 a.m. and 4:00 Q.m. and 

(D) _Any open buf11ing allowed under the is limited to areas outside of 
5 

provisions of subsections (3)(A) and incorporated municipalities; 

(B) of this rule shall be conducted only 

between the hours of 10:00 a.m. and 

4:00p.m. 

(E) Open burning of vegetation for the 8. Agricultural burning. Fires set in No change. Subsection (3)(E) in 5.070 

purpose of weed and pest control or for connection with agricultural or foresta is addressed in paragraph (3)(A)8. in 

the purpose of crop production in the operations related to the growing or 6.045. The notification in 5.070 is 

course of agricultural operation is harvesting of crops with the following covered by notifying the director in 

permitted. If the burning is conducted exception. In the St. Louis writing in 6.045 

between April 15 and September 15 of metropolitan area, if open burning for r 

each calendar year, the person pest or weed control or crop 

conducting the burning must notifY the production on existing cropland 

director in writing at least forty-eight between April 15 and September 15, 

( 48) hours prior to commencement of the person must notifY the director in 

burning. The notification shall include, writing at least forty-eight ( 48) hours 

but not be limited to, the following: prior to commencement of burning. 

name of the person( s) conducting the The department reserves the ril!ht to 

burning, description of the burning, delay the burning on days when the 

phone number, and the duration of ambient ozone level is forecasted to be 

burning. The department reserves the .high; 

right to delay the burning in days when 

the ambient air level for ozone is high. 

) 

(F) An open burning permit may be issued (B) The following types of materials may Essentially unchanged. Subsections 

by the director on yearly basis for open be open burned provided an open (3)(F) through (G) in 5.070 are 

burning of vegetation at a solid waste burning permit is obtained from the addressed in subsection (3)(B) in 6.045. 

processing or disposal facility provided director. The permit will specify the The requested material in (3 )(H) in 

that an air curtain destructor is utilized. conditions and provisions of all open 5.070 can be handled as part of the 

The open burning permit shall not be in burning. The permit may be revoked if permit application in 6.045. 

lieu of obtaining a construction permit, the owner or operator fails to comply 

as applicable, under 10 CSR 10-6.060. with the conditions or any provisions 

(G) Open burning of vegetation grown on of the permitthe premises undergoing land clearing 1. Burning of untreated wood 

operations may be permitted under waste; and 

conditions established by the di~ctor. 2. Burning of tree trunks, tree 
6 

(H) Any person intending to dispose of limbs, and vegetation at commercial 

vegetation by open burning under land clearing operations that occur 

subsection (3)(F) or (G) shall file a within an incorporated area or 

written request with the director. The municipality or where the proposed 

director will evaluate the request for air open burning will occur within two 

quality impact to determine whether the hundred (200) yards of an occupied 

request should be granted. The request structure or when the open burning is 

shall state the following: located anywhere in the Kansas City 

1. The name, address and metropolitan area, Springfield-Greene 

telephone number of the person County area, or the St. Louis 

submitting the request; metropolitan area. 

2. The type ofbusiness or activity (C) Commercial tree trimming 

involved; operations and municipal utility 

3. A description of the proposed tree trimming operations shall 

open burning operations, submit a written request to the 

including the type, quantity and director for an annually 

composition of vegetation to be renewable open burning 

burned; permit. The permit will specify 

4. The schedule ofburning the conditions and provisions 

operations; of all open burning. The 

5. The exact location where open permit may be revoked if the 

burning will be conducted to owner or operator fails to 

dispose of vegetation; comply with the conditions or 

6. Reasons why no method other any provisions of the permit. 

than open burning can be used (D) Facility owners or operators 

for disposal of vegetation; and may be issued an annually ' 

7. Evidence that the proposed open renewable open burning permit 

burning has been approved by for open burning provided that 

any fire department which has an air curtain destructor or 

jurisdiction. Upon approval of incinerator is utilized and only 

the application by the director, tree trunks, tree limbs, 

the person may proceed with the vegetation or untreated wood 

operation without being in waste are burned. Open 

violation of subsection (3)(F) or burning shall occur at least two 

(G). hundred (200) yards from the 

nearest occupied structure 

unless the owner or operator of 

the occupied structure provides 
-· 

7 

a written waiver of this 

requirement Any waiver shall 

accompany the open burning 

permit application. The permit 

may be revoked if the owner or 

operator fails to comply with 

the provisions or any condition 

of the permit 

(E) In a nonattainrnent area, as defined in Additional language in 6.045 giving staff 

10 CSR 10-6.020, paragraph (2)(N)5., director authority to deny, revoke, or . 

the staff director reserves the right to suspend a penni t. 

deny, revoke, or suspend a permit 

under this section when conditions 

exist where burning would be 

considered detrimental to air quality 

standards. 

(4) Reporting and Record Keeping. New Additional language in 6.045 

Source Performance Standard (NSPS) establishing reporting and recordkeeping 

40 CFR Part 60 subpart ecce that is not found in 5.070. 

establishes certain requirements for air 

curtain destructors or incinerators that 

burn wood trade waste. These 

requirements are established in 40 t' - CFR 60.2245-60.2260. The 

provisions of 40 CFR part 60 Subpart 

CCCC promulgated as of September 

22, 2005 shall apply and are 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. 

To comply with NSPS 40 CFR 

60.2245-60.2260, sources must 
8 

conduct an annual Method 9 test. A 

copy of the annual Method 9 test 

results shall be submitted to the 

director. 

~ 

-. 
-

Vol 

~ I 

N 

ti1 

~ en 

en 

...... 

~ "T1 

> (') 

o-:1 

0 

:;t:l 

en 

~ CD 

0' 

3 

"' 1t 

0-

\0 

~ 

N 

--

00 

0 

Explosive 

Black 

pow de~ 

Smokeless 

pow de~ 

Dynamite 

straight2 

Dynamite, 

ammonia2 

Dynamite, 

gelatin2 

.. 

Table 13.3-1 (Metric And English Units). EMISSION FACTORS FOR DETONATION OF EXPLOSIVES 

EMISSION FACTOR RATING: D 

Carbon Monoxidea Nitrogen Oxidesa Methaneb Other I 

Composition Uses kg/Mg I lb/ton kg/Mg I lb/ton kg/Mg I lb/ton Pollutant I kg!Mg I lb/ton 

75/15/10; Delay fuses 85 170 ND ND 2.1 4.2 H2S 12 24 

Potassium (38-120) (76-240) (0.3-4.9) 

(sodium) 

(0.6-9.7) (0-37) (0-73) ,.--...., 

nitrate/ 

charcoal 

sulfur 

Nitrocellulose Small arms, 38 77 ND ND 0.6 1.1 H2S 10 21 

(sometimes propellant (34-42) (68-84) (0.4-0.6) (0.7-1.5) (10-11) (20-21) 

with other 

materials) Pb c c 

20-60% Rarely used 141 281 ND ND 1.3 2.5 H2S 3 6 

Nitroglycerine/ (44-262) (87-524) (0.3-2.8) (0.6-5.6) (0-7) (0-15) 

sodium nitrate/ 

wood pulp/ 

calcium 

carbonate 

20-60% Quarry work, 32 63 ND ND 0.7 1.3 H2S 16 31 

Nitroglycerine/ stump blasting (23-64) (46-128) (0.3-1.1 ) (0.6-2.1) (9-19) (19-37) 

ammonium 

nitrate/sodium 

nitrate/wood 

pulp 

20-100% Demolition, 52 104 26 53 0.3 0.7 H2S 2 4 

Nitroglycerine construction ( 13-110) (26-220) (4-59) (8-119) (0.1-0.8) (0.3-1.7) (0-3) (0-6) 

work, 

blasting in so2 I I 

mines (0-8) (1-16) 
N 

--

00 

0 

~ 8' 

3 

~ 

c.. "' 

\0 

~ 

~ {i;" 

(") 

g. 

§ 

(1) 

g 

r:n 

C/) 

~ (1) 

r:n 

-

w 

t.., 

I 

w 

Table 13.3-1 (cont.). 

Carbon Monoxidea Nitrogen Oxidesa Methaneb Other 

Explosive Composition Uses kg!Mg I lb/ton kg!Mg I lb/ton kg!Mg I lb/ton Pollutant I kg!Mg I lb/ton 

ANF04•

5 Ammonium Construction 34 67 8 17 ND ND so2 I 2 

nitrate with work, (0-2) (1-3) 

5.8-8% fuel oil blasting in 

mines 

TNT2 Trinitrotoluene Main charge 398 796 ND ND 7.2 14.3 NH3 14 29 

in artillery (324-472) (647-944) (6.6-7.7) (13.2-15.4) (14-15) (27-30) 

projectiles, HCN 13 27 

mortar (11-16) (22-32) 

rounds, etc. C2H2 61 121 

C2H6 0.5 1.1 

RDX3 (CH2)3N3(N02)3 Booster 98d 196d ND ND ND ND NH3 22d 44d 

Cyclotri- (2.8-277) (5.6-554) (12-61) (24-122) 

methylenetrinitroamine 

I 

PETN2 C(CH20N02)

4 Booster 149 297 ND ND ND ND NH3 1.3 2.5 

Pentaerythritol (138-160) (276-319) (0-25) (0-5) 

tetranitrate _I 

a Based on experiments carried out prior to 1930 except in the case of ANFO, TNT, and PETN. ND =no data. 

b The factors apply to the chemical species, methane. They do not repr~sent total volatile organic compounds (VOC) expressed as methane. 

Studies were carried out more than 40 years ago. ~ 

c Greater than 6 mg per 158 grain projectile (0.6 kg/Mg, 1.2 lb/ton). 

d These factors are derived from theoretical calculations, not from experimental data. 

•• j 
as ap roved in 40 CFR part 53; and j 

(K) ompliance with particulate rna r 10 

PM10 ndards shall be determined as! pecified in 0 CFR part 50, Appendix 

K/ Interpretatio of the National Ambient Ai Quality Stan for Particulate Matter:j 

(L) Th concentration of particul e matter 

2.5 micro (PM2.

5) in the ambie 1 air shall 

be determi ed as specified in 

1 CFR part 

50, Append 

L- Reference Me od for the 

Detemlinatio of Fine Particu 1 e Matter as 

PM2.5 in the mosphere, or 1 n equivalent 

method as app ed in 40 CF part 53; and 

(M) Compli nee with pa Jiculate matter 

2.5 (PM2.

5) s s shall j determined as 

specified in 40 R part 5 , Appendix NInterpretation of he Nati 1 Ambient Air 

Quality Standards or Part ulate Matter. ~ (5) The concentra on hydrogen sulfide 

(H2S) in the ambien ai~ hall be determined 

by scrubbing all sui ioxide (S02) present 

in the sample and en converting each 

molecufe of 

H2S to S with a thermal converter so that the res g so2 is detected by 

an analyzer as speci e in 40 CFR part 50, 

Appendix A-Refe enc Method for the 

Determination of S rjUr 'oxide in the Atmosphere (Pararosani ne Me od) or an equivalent method app · ed by CFR part 53, in 

which case the c ibration as used must be 

National Institut of Stand s and Technology traceable 

H2 gas. 

(6) The conce ration of sulfu 'c acid mist in 

the ambient a· shall be determ ned as specified in the Compendium Me od 10-4-2, 

Determinati of Reactive Acid1 and Basic 

Gases and 'Strong Acidity of Ft e-Particles 

( < 2. 5 p. ) , Center for Env onmental 

Research nformation, Office of Research 

and Deve opment, 

U.S. Environm tal Protection gency, Cincinnati, OH 45268, 

EPA/6 /R-96/0lOa. 

(A) e concentration of total sui r shall 

be det rmined as specified in section (4) of 

this e by sampling for sulfur dioxide withoving other sulfur compound int rference . 

) The concentration of sulfur dio ide 

sh I be determined as specified by sect n 

(4 of this rule. 

(C) The concentration of hydrogen sulfi 

all be determined as specified by sectio 

5) of this rule. 

20 

• riginal authoriry: 643.0.50, RSMo /965, amended /9 

• /993, 1995. 

10 CSR 10-6.045 Open Burning Requirements 

PURPOSE: This rule sets forth the conditions 

and restrictions for the open burning of refuse 

and combustible materials throughout Missouri and defines when an open burning permit is required. The evidence supporting the 

need for this proposed rulemaking, per section 536.0/6, RSMo, are the various citizen 

petitions concerning open burning received in 

2005 and meeting minutes for 200512006 

open burning workgroup meetings. 

PUBLISHER'S NOTE: The secretary of state 

has determined that the publication of the 

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

would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the 

agency at its headquarters and shall be made 

available to the public for inspection and 

copying at no more than the actual cost of 

reproduction. This note applies only to the 

reference material. The entire text of the rule 

is printed here. 

CODE OF STATE REGULATIONS 

(2) Definitions. 

(A) Untreated wood- Lumber and other 

wooden materials that have not been chemically treated for resistance to moisture, fire, 

fungi, insects, and other pests, or has not otherwise been treated or manufactured with 

chemicals, or that does not contain adhesives 

or resins. Untreated wood does not include 

plywood, particleboard, chipboard, and wood 

with other than insignificant quantities of 

paint, coating or fmish. 

(B) Definitions of certain terms specified 

in this rule, other than those defined in this 

rule section, may be found in 10 CSR 10-

6.020. 

(3) General Provisions. No person may conduct, cause, permit, or allow the disposal of 

tires, petroleum-based products, trade waste, 

construction or demolition waste, salvage 

operation waste, or asbestos containing materials by open burning, except as permitted 

below. Nothing in this rule may be construed 

as to allow open burning which causes or 

constitutes a public health hazard, nuisance, a 

hazard to vehicular or air traffic, nor which 

violates any other rule or statute . 

(A) The following types of open burning 

are allowed by the department when not prohibited by other laws, regulations, or ordinances: 

1. Recreational and ceremonial fires. 

These fires shall be comprised of vegetative 

woody materials or untreated wood products 

only; 

2. Noncommercial preparation of food, 

such as by barbecuing; 

3. Burning of household or domestic 

refuse. Burning of household or domestic 

refuse is limited to open burning on a residential premises having not more than four 

(4) dwelling units, provided that the refuse 

originates on the same premises, with the following exceptions: 

A. Kansas City metropolitan area. 

The open burning of household refuse must 

take place in an area zoned for agricultural 

purposes and outside that portion of the 

metropolitan area surrounded by the corporate limits of Kansas City and every contiguous municipality; 

B. Springfield-Greene County area. 

The open burning of household refuse must 

take place outside the corporate limits of 

Springfield and only within areas zoned 

A-I, 

Agricultural District; 

C. St. Joseph area. The open burning 

(8/31/09) ROBIN CARNAHAN 

Secretary of State 
ed; 

4. Land clearing of vegetative debris, 

provided all burning occursA. Outside of any incorporated area 

or municipality and outside of the Kansas 

City metropolitan area, Springfield-Greene County area, and the St. Louis metropolitan 

area; 

B. At least two hundred (200) yards 

from the nearest occupied structure; and 

C. Land clearing of vegetative debris 

that does not meet the conditions of subparagraphs (3)(A)4.A. and (3)(A)4.B. of this rule 

may be open burned provided an open burning permit is obtained as found in subsection 

(3)(B) of this rule; 

5. Yard waste, with the following exceptions: 

A. Kansas City metropolitan area. 

The open burning of trees, tree leaves, brush, 

or any other type of vegetation shall require 

an open burning permit; 

B. Springfield-Greene County area. 

The City of Springfield requires an open 

burning permit for the open burning of trees, 

brush, or any other type of vegetation. The 

City of Springfield prohibits the open burning 

of tree leaves; 

C. St. Joseph area. Within the corporate limits of St. Joseph, the open burning 

of trees, tree leaves, brush, or any other type 

of vegetation grown on a residential property 

is allowed during the following calendar periods and time-of-day restrictions: 

(I) A three (3)-week period within 

the period commencing the first day of March 

through April 30 and continuing for twentyone (21) consecutive calendar days; 

(II) A three (3)-week period within 

the period commencing the first day of October through November 30 and continuing for 

twenty-one (21) consecutive calendar days; 

(Ill) The burning shall take place 

only between the daytime hours of 10:00 

a.m. and 3:30p.m.; and 

(IV) In each instance, the twentyone (21)-day burning period shall be determined by the director of Public Health and 

Welfare of the City of St. Joseph for the 

region in which the City of St. Joseph is 

located provided, however, the burning period first shall receive the approval of the 

department director; and 

D. St. Louis metropolitan area. The 

open burning of trees, tree leaves, brush, or 

any other type of vegetation is limited to the 

period beginning September 16 and ending 

ROBIN CARNAHAN 

Secretary of State 

(8/31/09) 

Untreated wood waste materials resulting 

from wood processing facilities in existence 

as of March 25, 1976, which produce Jess 

than eight thousand (8,000) board feet or 

equivalent per day may be open burned if at 

least two hundred (200) yards from the nearest occupied structure. Untreated wood waste 

materials resulting from wood processing 

plants which relocate or from new wood processing facilities which produce less than 

eight thousand (8,000) board feet, or equivalent per day, may be open burned if at least 

one (1) mile outside the city limits of any 

incorporated area or municipality and at least 

two hundred (200) yards from the nearest 

occupied structure; 

7. Fire training exercises. Fires set for 

the purposes of training fire fighters and 

industrial employees in fire fighting methods 

provided thatA. The training is conducted in accordance with National Fire Protection Association standards, NFPA 1403, Standard on live 

Fire Training Evolutions (2002 Edition), for 

fire fighters and NFPA 600, Standard on 

Industrial Fire Brigades (2005 Edition), for 

industrial employees. The provisions of 

NFPA 1403 and 600 shall apply and are hereby incorporated by reference in this rule, as 

published by the National Fire Protection 

Association, 11 Tracy Drive, Avon, MA 

02322. This rule does not incorporate any 

subsequent amendments or additions. These 

exercises include, but are not limited to, liquefied gas propane fueled simulators, 

flashover simulators, and stationary live bum 

towers; and 

B. Acquired structures to be used for 

training exercises are subject to the requirements of 10 CSR 10-6.080, subsection 

(3)(M), National Emission Standard for 

Asbestos. These requirements include, but 

are not limited to, inspection of and notification to the director. All petroleum-based 

products are to be removed from any acquired 

structure that is to be burned as part of a 

training exercise; 

8. Agricultural burning. Fires set in 

connection with agricultural or forestry operations related to the growing or harvesting of 

crops with the following exception. In the St. 

Louis metropolitan area, if open burning for 

pest or weed control or crop production on 

existing cropland between April 15 and 

September 15, the person must notify the 

director in writing at least forty-eight (48) 

hours prior to commencement of burning. 

CODE OF STATE REGULATIONS 

wastes may be permitted only when it can be 

shown that a situation exists where open 

burning is in the best interest of the general 

public, or when it can be shown that open 

burning is the safest and most feasible 

method of disposal. Economic considerations 

shall not be the primary determinant of feasibility. Any person intending to engage in 

open burning shall file an application with 

and receive written approval from the staff 

director. The application shall contain evidence that the proposed open burning has 

been approved by the fire control authority 

which has jurisdiction. 

(B) The following types of materials may 

be open burned provided an open burning 

permit is obtained from the director. The 

permit will specify the conditions and provisions of all open burning. The permit may be 

revoked if the owner or operator fails to comply with the conditions or any provisions of 

the permit1. Burning of untreated wood waste; and 

2. Burning of tree trunks, tree limbs, 

and vegetation at commercial land clearing operations that occur within an incorporated 

area or municipality or where the proposed 

open burning will occur within two hundred 

(200) yards of an occupied structure or when 

the open burning is located anywhere in the 

Kansas City metropolitan area, SpringfieldGreene County area, or the St. Louis 

metropolitan area. 

(C) Commercial tree trimming operations 

and municipal utility tree trimming operations shall submit a written request to the 

director for an annually renewable open burning permit. The permit will specify the conditions and provisions of all open burning. 

The permit may be revoked if the owner or 

operator fails to comply with the conditions or any provisions of the permit. 

(D) Facility owners or operators may be 

issued an annually renewable open burning 

permit for open burning provided that an air 

curtain destructor or incinerator is utilized 

and only tree trunks, tree limbs, vegetation, 

or untreated wood waste are burned. Open 

burning shall occur at least two hundred 

(200) yards from the nearest occupied structure unless the owner or operator of the occupied structure provides a written waiver of 

this requirement. Any waiver shall accompany the open burning permit application. The 

permit may be revoked if the owner or operator fails to comply with the provisions or 

any condition of the permit. 

21 
ty standards. 

(4) Reporting and Record Keeping. New 

Source Performance Standard (NSPS) 40 

CFR part 60 Subpart CCCC establishes certain requirements for air curtain destructors 

or incinerators that bum wood trade waste. 

These requirements are established in 40 

CFR 60.2245-60.2260. The provisions of 

40 CFR part 60 Subpart CCCC promulgated 

as of September 22, 2005 shall apply and are 

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. To comply with NSPS 40 CFR 

60.2245-60.2260, sources must conduct an 

annual Method 9 test. A copy of the annual 

Method 9 test results shall be submitted to the 

director. 

(5) Test Methods. The visible emissions from 

air pollution sources shall be evaluated as 

specified by 40 CFR part 60, Appendix 

A-Test Methods, Method 9-Vtsual Determination of the Opacity of Emissions from Stationary Sources. The provisions of 40 CFR 

part 60, Appendix A, Method 9 promulgated 

as of December 23, 1971 is 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 June 7, 2()(Jl, effective 

Jan. 30, 2008. Amended: Filed Dec. 29, 

2008, effective Sept. 30, 2009. 

•original au/hority: 643.050, RSMo 1965, a=ndtd 1972, 

1992, 1993, 1995. 

CSR 10-6.050 Start-Up, Shutdown 

ction Conditions 

22 

(3) Gene 

(A) In th event of a malfunction, which 

results in exc s emissions that exceeds one 

(1) hour, the er or operator of such facility shall notify e Missouri Department of 

Natural Resource ' Air Pollution Control 

Program in the fo of a written report 

which shall be submi within two (2) business days. The written port shall include, at 

a minimum, the followi : 

1. Name and locatio of installation; 

2. Name and telepho number of person responsible for the insta tion; 

3. Name of the person w o first discovered the malfunction and p · e time and 

date that the malfunction was dis overed; 

4. Identity of the equipment using the 

excess emissions; 

5. Time and duration of the 

excess emissions; 

6. Cause of the excess emissions; 

7. Air pollutants involved; 

8. Estimate of the magnitude of 

excess emissions expressed in the units of th 

applicable requirement and the operating data 

and calculations used in estimating the magnitude; 

9. Measures taken to mitigate the extent 

and duration of the excess emissions; and 

10. Measures taken to remedy the situation which caused the excess emissions and 

the measures taken or planned to prevent the 

recurrence of these situations. 

(B) The owner or operator shall notify the 

Missouri Department of Natural Resources' 

Air Pollution Control Program at least ten 

(10) days prior to any maintenance, start-up 

or shutdown, which is expected to cause an 

excess release of emissions that exceeds one 

(1) hour. If notice cannot be given ten (10) 

days prior to any maintenance, start-up or 

shutdown, which is expected to cause an 

excess release of emissions, notice shall be 

given as soon as. practicable prior to the 

maintenance, start up or shutdown or orally 

as soon as practical during normal working 

hours after the release and no later than close 

of business of the following working day with 

written notice to follow within ten (10) working days of the release. The owner or operator of such facility shall notify the Missouri 

Department of Natural Resources' Air Pollution Control Program in the following ways: 

a written report including: 

1. Name and location of installation; 

2. Name and telephone number of person responsible for the installation; 

CODE OF STATE REGULATIONS 

6. Type of activity and the reason for the 

maintenance, start-up or shutdown; 

7. Type of air contaminant involved; 

8. Estimate of the magnitude of the 

excess emissions expressed !n the units of the 

applicable emission control regulation and 

the operating data and c:ilculations used in 

estimating the magnitu4c( 

9. Measures taken to mitigate the extent 

and duration of the excess emissions; and 

10. Measures ~en to remedy the situation which caused1 the excess emissions and 

the measures tatafn or planned to prevent the 

recurrence of tn'ese situations. 

(C) Upon: receipt of a notice of excess 

emissions i~sued by the Missouri Department 

of Naturai; Resources or an agency holding a 

certificate of authority under section 

643.140; RSMo, the source to which the 

notice/ is issued may provide information 

showing that the excess emissions were the 

conS'equence of a malfunction, start-up or 

shutdown. Based upon any information submitted by the source operator and any other 

pertinent information available, the director 

or the commission shall make a determina-

·on whether the excess emissions constitute a 

)function, start-up or shutdown and 

wh ther the nature, extent and duration of the 

exce emissions warrant enforcement action 

under ection 643.080 or 643.151, RSMo. 

1. n determining whether enforcement 

action is ted, the director or commission shall nsider the following factors: 

A. ether the excess emissions during start-up shutdown or malfunction 

occurred as a suit of safety, technological 

or operating co traints of the control equipment, process eq · ment or process; 

B. Whethe the air pollution control 

equipment, process quipment or processes 

were, at all times, mat tained and operated to 

the maximum extent p ctical, in a manner 

consistent with good pra 'ce for minimizing 

emissions; 

C. Whether repai 

expeditiously as practicable en the operator knew or should have know when excess 

emissions were occurring; 

D. Whether the amount 

of the excess emissions were lim1 

maximum extent practical during 

this emission; 

E. Whether all practical steps were 

taken to limit the impact of the excess e iss ions on the ambient air quality; 

F. Whether all emission monitorin 

(8/31/09) ROBIN CARNAHAN 

Secretary of State 

shall establish interim milestones in imp menting the odor control plan 

prior to the im lementation deadline; and 

G. An o r monitoring plan: 

2. The AP • in con ultation with the 

Water Pollution ontrol Program, shall 

review and approve r disapprove the odor 

control plan. 

A. After the A 

control plan they shall 

ness review. Within th' ty (30) days of 

receipt, the APCP shall no 'fy the facility if 

the plan contains all the ele ems of a complete odor control plan. If fou d incomplete, 

the APCP shall give the facil a written 

explanation of the plan's deficien ·es. 

B. Within sixty (60) days a er determining an odor control plan sub 1ittal is 

deemed complete, the APCP shall ap ove or 

disapprove the plan. During this sixty (60)-

day technical review period, the APCP 1ay 

request additional information needed 

review. If the plan is disapproved, the AP 

shall give the facility a written evaluation 

explaining the reason(s) for disapproval ; 

3. Not later than March 1, 2001 , the 

tacility shall submit to the APCP a writte 

progress report on implementing the o r 

control plan. The progress report shall, t a 

minimum, compare the actual sched e of 

implementation to that approved in t odor 

control plan; and 

4. Not later than January 

implementation of the odor contr 

be complete and controls sha 

tiona!. 

(B) Notwithstanding any ~ ovision in any 

other regulation to the contr· ·y, all new Class 

I A concentrated animal ~ ding operations, 

prior to commenceme of construction, 

shall obtain approval fr. m the APCP of an 

odor control plan s described above. 

(C) After January I, 2002, no Class 1 A 

concentrated anim feeding operation may 

cause. permit or ow the emission of odorous matter-

!. In con· ntrations and frequencies or 

for durations at the odor can be perceived 

when one (1 volume of odorous air is diluted with sev n (7) volumes of odor-free air for 

two (2) . parate trials not less than fifteen 

(15) mi tes apart within the period of one 

(I) ho . TI1is odor evaluation shall be taken 

at a te not at the installation and will be 

use as a screening evaluation. A positive 

!>C · ening evaluation for odor shall require an 

sample to be taken and ev,lluated by 

ROBIN CARNAHAN 

Secretary of State 

(12131107) 

tions is met: 

A. In concentrations wi a best estimate detection threshold, rep~ sented as 

Z0 l 

10. as determined using erican Society 

for Testing and Materials andard E679-04 

(published April 2004) t an olfactometer 

flow rate of twenty (2 liters per minute. 

This standard is incor rated by reference in 

this rule, as p tished by ASTM 

International, 100 arr Harbor Drive, PO 

Box C700. West onshohocken. PA 19428-

2959. Thi~ rule s not incorporate any subsequent amend ent~ or additions; or 

B. At ntensities greater than that of 

two hundre twenty-five (225) parts per mitlion of n-b tanot odorant in air, which serves 

as the re renee scale. as determined by an 

olfacto etry panel evaluation of a sample of 

the o rous air. 

The director may require an ambient 

air onitoring quality assur.mce project plan. 

T 1s plan shall he approved by the director 

· d include or reference the documented and 

approved standard operating procedures for 

onitoring, field collection and analysis for 

a y Class I A CAFO that exceeds the odor 

e ·ssion limits found in paragraph (4)(C)2. 

of t is rule following implementation of its 

odor ontrot plan. Monitoring shall be done 

for pol tants or gases reasonably expected to 

be emitt by the CAFO and implemented on 

a schedul as agreed to by the source operator and the taff director. Monitoring shall 

begin and c tinue as approved in the plan 

and shall not exceed eight (8) quarters of 

complete data nless subsequent violations 

are determined. 

AUTf(ORITY: sectio 643.050, RSMo 2000. * 

Original rule filed c. 26. 1968, effecril'e 

Jan. 5, 1969. Amen : Filed Marc/1 26, 

1970, effectil•e Apri/5, 1 70. Amended: Filed 

Aug. 15, 1983, effectiv Jan. 13, 1984. 

Amended: Filed Nov. 2, I 8, effective July 

30, 1999. Amended: Filed eb. 14, 2003, 

effective Sept. 30, 2003. A nded: Filed 

Dec. 4, 2006. effective July 30, 007. 

10 CSR 10-2.080 Emission of Visible 

Contaminants From Internal Combust n 

Engines 

(Rescinded November 30, 2002) 

CODE OF STATE REGULATIONS 

SR 10-2.090 Incinerators 

(Resc ed December 9, 1991) 

10 CSR-.0-2.100 Open Burning Restrictions 

(Rescinded January 30, 2008) 

AUTHORITY: section 203.050, RSMo 1986. 

Original rule filed Dec. 26, 1968, effective 

Jan. 5, 1969. Amended: Filed March 2, 

1972, effectil•e March /2, 1972. Amended: 

Filed Feb. 13, 1979, effective July 12, 1979. 

Amended: Filed Aug. 13, 1982, effective Jan. 

13, 1983. Amended: Filed Nov. 9, 1983, 

effective April 12, 1984. Rescinded: Filed 

June 7, 2007, effective Jan. 30, 2008. 

d 

5 

Controls 

.010 Auto Exhaust Emission 

ule requires proper maintencmce of origina emission control de•·ices 

and sy~temJ on I 8 and .llthsequellt year 

moror vehicles. 

( I) Definitions of terms pecified in this rule 

may be found in 10 CSR 0-6.020. 

(2) Ignition System and E1 ine Speed. All 

1968 and subsequent model ear gasolinepowered motor vehicles shall e maintained 

so as to be in compliance with e following 

requirements: 

(A) Tile number of revolutions r minute 

of an engine while operating at id speed 

shall be in accordance with the speci 1 ations 

and determined under conditions pub · ·hed 

hy the manufacturer, but in no case shal the 

idle speed be less than the minimum speci 1 d 

in the manufacturer's published specitica 

Lions. Revolutions per minute ~hall be determined by a tachometer or other device which 

shall be tested for accuracy and precision 

reasonable intervals under those terms a d 

conditions as the staff director may direc . 

(B) Ignition timing of an engine shall omply with the published specifications f the 

manufacturer as determined in ac rdance 

with procedures and conditions sp itied by 

the manufacturer; and 

(C) All cylinders shall be firi ~. (3) Crankcase Ventilation Sy em. The positive crankcase ventilation sy em on all 1968 

and subsequent model yea gasoline-powered 

motor vehicles, except m orcycles and motor 

tricycles, and all 1969 d subsequent model 

year gasoline-power d motor vehicles, 

including motorcycl and motor tricycles, 

shall meet the folio ing requirements: 

(A) The plumb' g and connections shall be 

properly connec d as installed by the manufdcturer and fr of obstructions and leakage; 

(8) Tilere . all be a negative pressure (suction) at the let of the crankcase ventilation 

valve: and 

(C) T crankcase ventilation valve shall 

be free operative so as to regulate the tlow 

of gas s through the system. 

(4) xhaust Emission Control Systems. 

A) Air Injection Systems. Exhaust emiscontrol air injection systems on those 

ROBIN CARNAHAN 

Secretary of State 

(12/31/07) 

shall be within manufacturer's s cification; 

3. Tilere is a positive air ow from the 

air pump to the air delivery di ribution manifold: 

4. The check valve pr vents any reverse 

air flow from the air di~tr' ution manifold out 

through the check valve nlet; and 

5. The antibackti valve, gulp-valve, air 

bypass valve or othe similar device with the 

same function per · s the passage of air from 

the air pump to the exhaust manifold(s), 

except when the arburetor throttle is closed 

rapidly from a open position as in deceleration. 

(8) Engi Modification Systems. All vacuum contr I valves, vacuum lines, mechanical link e, electrical circuits and switches 

peculia to certain engine modification systems lall be properly connected as installed 

on 1968 and subsequent model year gasolin -powered motor vehicles so equipped by 

t manufdcturer. 

(C) Tile requirements of section (4) shall 

apply to all gasoline-powered motor vehicles 

with the following exceptions: 

I. Vehicles of 1967 or earlier model 

Vehicles not equipped by the manufuctu r with exhaust emission control air 

systems; 

ommercial vehicles of over one 

thousand ounds (I ,000 lbs.) designed capacity; or 

4. Mot vehicles with an engine displacement of ss than fifty (50) cubic inches 

(819.35 cubic c ntimeters). 

AUTHORITY: sect n 643.050, RSMo Supp. 

1992. * Original r filed April 26, 1968, 

effective May 6, 196 Amended: Filed Aug. 

16, 1977, effective Fe II, 1978. 

Op. Atty. Gen. No. 331, S ell (11-15-71). 

The Missouri Air Consentttio Commission 

does not have Oil)' specific uthority to 

require the installation of emissi 1 monitoring devices, but does hm:e the az writy to 

require reports from sources of air lllllion 

relating to rate, period of emission a composition of effluent, and to make such · !formation available to the public, unless II)' 

such information is "confidential" as deft d 

hy section 203.050.4, RSMo 1969. 

CODE OF STATE REGULATIONS 

tion Commission 

has the authority under apter 203, RSMo 

1969, to pravi for the eq 'valent of a construction per t system by pr. m/gating rules 

to require tl e submission of pl s and specifications f) r approml before arry erson may 

constru arry facility which will ause air 

pollut' n, but that the commission has no 

sue uthority regarding an equivalen ermit 

.1)' em for the operation of etisting fac 'ties 

1 1ich 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, effectil'e Feb. Il, 1978. 

Ametufed: 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. 

0 CSR 10-3.040 Incinerators 

( scinded December 9, 1991) 

ORITY: section 643.050, RSMo pp. 

98. Original rule filed March 24, I 

3 

odor co trol plan. Monitoring shall e done 

for poilu nts or gases reasonably e pected to 

be emitte by the CAFO and impl nented on 

a schedule s agreed to by the s rce operator and the ·taff director. Mo itoring shall 

begin and co tinue as approv in the plan 

and shall not exceed eight ) quarters of 

complete data nless subs uent violations 

are determined. 

AUTHORITY: 

AUTHO TY: section 203.050, RS 

Origin l rule filed Dec. 5, 1969, ective 

Dec. 5, 1969. Amended: Filed D . 15, 

198 , effectil'e May 12, 1983. Am ded: 

Fit Oct. 13, 1983, effective March 12, 

I 4. Rescinded: Filed May 20, 1991, e 

t' •e Dec. 9. 1991. 

10 CSR 10-4.090 Open Burning Restrictions 

(Rescinded January 30, 2008) 

AUTHORITY: section 203.050, RSMo 1986. 

Original rule filed Dec. 5, 1969, effective 

Dec. 15, 1969. Amended: Filed No\'. 9, 1983, 

effective April 12. 1984. Rescinded: Filed 

June 7, 2007, effective Jan . 30, 2008. 

CSR 10-4.100 Approml 

Tnst tions 

(Rescin pril 11. 1980) 

ROBIN CARNAHAN 

Secretary of State 

(12/31/07) 

struction pe nit system by promulgating regulations to ~ uire tlte submission of plans 

and specijicau ns for approval before any 

person 

may com ct any 

facility which will 

cause air pollllfio but that the commission 

has no such autho · . · regarding an equivalent permit system fo the operation of existing facilities which are he source of air pollution. 

10 CSR 10-4.l10 Measure 

sions of Air Contaminants 

(Rescinded April 9, 1992) 

AUTHORITY: section 203.050, R 

Original rule field Dec. 5, 1969, 

Dec. 15, /969. Rescinded: Filed 0 

1991, effective April 9, 1992. 

10 CSR 10-4.120 Submission of Emission 

Information 

(Rescinded November 12. 1984) 

AUTHORITY: section 203.050, RSMo 1 

Original rule filed Dec. 5, 1969, e ective 

Dec. 15, 1969. Amended: Filed A g. 25, 

1972, effective Sept. 4, 1972. scinded: 

Filed June 13, 1984, effective Nov 12, 1984. 

does not IW\'e any spec· 1c authority to 

require the installation oJ: emission monitoring de1•ices, but does h ·e the authority to 

require reports from s ~rces of air pollution 

relating to rate. perio of emission and composition of e.ffluem td to make this information available TO t e public. unless any such 

information is " onjidelltial " as defined by 

section 203.05 4, RSMo (1969). 

Ori no/ 111le filed Dec. 5, 1969, effective 

De . 15, 1969. Rescinded: Filed Ap1il 18, 

1 90, effective Sept. 28, 1990. 

CODE OF STATE REGULATIONS 

(I) Except as otherwise speci d, compliance with the provisions of th e regulations 

shall be according to the allowing time 

schedule: 

(A) All new installation shall comply as of 

going into operation; 

(B) All existing insta ations not in compliance as of the effecti date of these regulations (March 25 , I 6) shall be in compliance within six ( months of the effective 

date (September 5, 1976) unless the owner 

or person respo sible for the operation of the 

installation sh I have submitted to the staff 

director in a orm and manner satisfactory to 

him/her a rogram and schedule for achieving camp ance. The program and schedule to 

contain date on or before which full complianc will be attained and other information 

as th staff director may require. If approved 

by e staff director, that date will be the date 

o which the person shall comply; and 

(C) The staff director may require persons 

submitting the program to submit subsequent 

periodic reports on progress in achieving 

ompliance. 

ORJTY: section 203.050, RSMo 1986. 

· 101 rule filed Dec. 5. 1969. effective 

Dec. , 1969. 

10 CSR 10- .150 Restriction of Emission of 

Sulfur Com 

(Rescinded Ju 

AUTHORITY: se ion 203.050, RSMo 1986. 

Original rule file Dec. 5, 1969, effective 

Dec. 15, 1969. A1 ended: Filed Jan . 31. 

1972, effective Feb. 9, 1972. Amended: Filed 

Oct. 14, 1977. effect •e March 11, 1978. 

Rescinded: Filed Dec. 3, 1996, effective 

July 30, 1997. 

10 CSR 10-4.160 Rules fo 

Emissions During Periods of 

lution Potential 

(Rescinded October 11, 1984) 

AUTHORITY: section 203.050, RSM 1978. 

Original rule filed Jan. 3/, 1972, e ctil•e 

Feb. 10, 1972. Rescinded: Filed MG) ll. 

1984. effective Oct. 11, 1984. 

5 

10 CS 10-5.040 Use of Fuel in 

Fired .quipment Prohibited 

PUR OSE: J11is rule prohibits the oper, 

of h nd-jired fuel-burning equipment. 

(I) General. 6 

A) This regulation shall apply to all fue 

rning equipment including , but not limite 

any tove, furnace or other fuel-b rning 

devic in which fuel is manually intr duced 

direct! into the combustion chamber 

(2) Pro 'bition. 

(A) A er three (3) years (March 5, 1976) 

from the effective date of this egulation 

(March 2 , 1976), it shall be lawful to 

hand-fired fuel-bur ing equip-

!. Louis. Missouri etropolitan 

AUTHORITY: sectio 3.050, RSMo 1994. 

Original rule filed M dz 14, 1967, effective 

March 24, 1967. 

•Original authority: 

1972. /992, 1993. 

. RSMo 1965. wne1u/ed 

RSMo 1994. 

Original rule led March 14, 967, effective 

March 24, I 67. Amended: F: ed June 30, 

1975, effec ve July 10. 197 Amended: 

Filed Marc 1 15. 1979, effectil Nm' 11, 

1979. Ame ded: Filed Oct. 13, 83, effective Marcl 12, 1984. Rescinded: iled Aug. 

4, 2000, Wective March 30, 2001. 

10 CS 10-5.060 Refuse Not to be 

in Fu Burning Installations 

(Resc nded February II , 1979) 

A OR/TY: section 203.050, 

Or' ina/ mle filed March 14, 1967, effec 've 

M rch 24, 1967. Rescinded: Filed Aug. 

l 78, effective Feb. 11, 1979. 

10 CSR 10-5.070 Open Burning Restrictions 

(Rescinded January 30, 2008) 

AUT'HOR!TY: section 643.050, RSMo 1994. 

Original mle filed March 14, 1967, effective 

CODE OF STATE REGULATIONS 

0 CSR 10-5.080 Incinerators 

( escinded December 9, 1991) 

A 'HORITY: section 203.050, RSMo 19 

Ori ina/ rule filed March 14, 1967, effe tive 

Mar h 24, 1967. Amended: Filed Dec 15, 

1982, effective May 12, 1983. Am ded: 

Filed une 15, 1983, effective Nov. 11, 1983. 

Amen d: Filed Oct. 13, 1983, ective 

March 2, 1984. Rescinded: Filed ay 20. 

1991, e ctive Dec. 9, 1991. 

10 CSR 10-5.100 Pre enting Particulate 

in Airborne 

8, 1990) 

03.050, RSMo 1986. 

Original rule filed M h 14, 1967, effectil•e 

March 24. 1967. ne ed: Filed June 30, 

1975, effective Ju y 1 1975. Amended: 

Filed May 11, 198 , effe ive Oct. 11, 1984. Rescinded: Filed March , 1990, effective 

Sept. 28, 1990. 

AUTHOR/ : section 643.050, SMo 1986. 

Original r le filed March 14, 19 7, effective 

March 2 , 1967. Amended: Filet Sept. 14, 

1978, e ective April 12, 1979. scinded: 

Filed D c. 13, 1996, effective July 0. 1997. 

10 C R 10-5.120 Information on S les of 

Fuel to be Provided and Maintain 

PU POSE: This mle provides that info llati 1 pertaining to the sale of coal or resi wl 

el oil shall be maintained and provi ed 

(12131/07) ROBIN CARNAHAN 

Secretary of State 

y 

y 

p

, 

2009. 

~A~Coo1::!.__~J'-I-~~~.,=========---' Chairman J ~ ~..:::..!/.:...J.__----"1\'-- +'L~~' _,Q....,; "'-·=-Q-=-=---------' Vice-Chairman 

________________ ,Member 

_________________ ,Member 

________________ ,Member 

10 CSR 10-2.100 (rescission) Open Burning Restrictions is hereby 

RESCINDED by the Missouri Air Conservation Commission this 27th day of September, 2007. 

~-·--·--· ~--~--~-----• Chairman 

~,/YlfL------l-J ___ 6 __ ~-=7'-------• Vice-Chairman 

--""?§;~a..~e.~h""-<:-, --C-==-· ----~~.,L....&~~~-· Member 

_.__1?~-~----=--' W __ , Member 

AL X 

~;J1 

, Member 

~J~~=~___,J,L-J...J....f2_a..-L---_- ______ , Member 

~==~;t~~--------------------------'Member 

(

) 

p

g 

y 

RESCINDED by the Missouri Air Conservation Commission th.is 27th day of September, 2007. 

-~----~-~---~-----• Chairman 

,#7YJ----~----~-..,.c:--r------• Vice-Chairman 3~-b-6-()

....:::.l.. <C-~~4---lo._. C~< B~

o3uJ~~ · Member 

------"-----~-0 _W. ~--·Member 

, Member 

_..~z:::::!:~___j.):.__d~a.~~ 

~I.} 

~-l::!:o:=::====----• Member 

---·~1---------------------------'Member 

~ 

RESCINDED by the Missouri Air Conservation Commission this 27th day of September, 2007. 

~----'-·-~----L--'--=-'-'-=-=j~----' Chairman 

-ir?'----+--'-w_/:~-~-____.:;~r-------' Vice-Chairman 

_.:..___ ___ \-) __ · _lli...l...--_.:..___ ___ , Member 

--.;r:.~:::::..to~~---~--1 ...L..fa.=a-t_....._ ~_::-_::-_ -_ -_ -_ -____ , Member -ru 

--~~~-~ _________________________ ,Member 

10 CSR 10-5.070 (rescission) Open Burning Restrictions is hereby RESCINDED by the Missouri Air Conservation Commission this 27th day of September, 2007. 

-~--· -~-~--~-~------'"----=_j ____ , Chairman 

-n-:)<--'Vf __ ~ ___ V __ 6:L..,..,L.."--7'-----' Vice-Chairman 

_;;~~()11::::>-"' ..... ee~~-+"-,-C~, ~~~~=----• Member 

__.__])_ukf~· lli~-· Member 

---L.b--r--_,.J'---=-~=-

·=====:::~~~---' Member iJ 

-----~dS~/~_~ _______________________ ,Member 

PUBLISHER's AFFIDAVI 

_ related to the following item(s). * 10 CSR 10-5.570 (new rule) Control 

. of Sulfur Emissions From Stationary 

ea. Boilers. r.~!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! -pa This proposed rule will fimit sulfur - dioxide (S02) emissions from inSTATE OF MISSOURI,) 

)ss. 

COUNTY OF COLE) 

dustrial boilers in the St. Louis Non-

·wc attainment Area. -By reducing S02 

·e1c emissions released into the 

·nc atmosphere, emissions of 'fine 

_ particles (PM2.5) will be reduced. 

This rule is intended to curb' emission 

in the St. Louis Nonattainment Area 

'sa In compliance with the federal Clean 

• • • • • • • -Je• Air Arie Particle lmplementailon Rule 

Mtke vI VI On bemg duly sworn accordmg to law says he lS vICe I-in order to bring the area into attain- ' ' ment with the PM2.5 National AmbiMiSSOUri Newspapers Inc., Publisher of the News Tribune, a neV'11s,entAirauality standards. . . ' . . • i * 10 CSR 10-6.260 (amendment) Re- pubhshed m the County of Cole, and State aforesaid; that sald n -~1 strlction of Emission of Sulfur 

• • • Compounds. pubhshed COntinUOUSly for more than three years; and that the llOtlCe ~This proposed amendment will limit 

1. h d · 'd · l' · h h · · f S . 4 sulfur dioxide (S02) emissions from pub lS e In Sal paper In comp lance Wit t e proVISIOnS 0 ectiOn 'pea primary lead smelter In the St. •w Louis Nonattainment Area. By re-

-ducing S02 emissions released into 1 time the atmosphere, emissions of fine 

R.S. of Mo. For 2000 as amended for--------- as follow: 41'particles (PM2.5) will be reduced. 

00 This rule is intended to curb emission In the St. Louis Nonattainment Area 

·P In compliance with the federal Clean 

-Air Ane Particle Implementation Rule 

1st t'nserti'on, No. 23rd day of February In order to bring the .area into attain-

------· -------- ----------·e ment with the PM2.5 National Ambi- ,{:ent Air Quality Standards. ·~ • 10 CSR 1 0-6.120 (amendment) Re- day Of _ strictlon of Emissions .of Lead From 

------- --------- Specific Lead Smeller-Refinery in- 2nd insertion, No. _____ , 

stallations. 

'J'Thls proposed amendment will day 0 f Jc amend the existing rule to reflect 

------- ---------·t emission limitations contained In the 3rd insertion, No. ____ _ 

1r November 2007 revised Doe Run 

4th insertion, No. ____ _ day of ..., Buick Prevention of Significant ------- --------- Deterioration (PSD) permit for Doe 

5th insertion, No. ____ _ 

., Run's Buick facility and address 

_ modifications to the facility's processday Of------..,...--- .es. The conditions prescribed in the ------- ? proposed rule amendment are more 

Fee: $268.50 1 the state's existing rule. · 

( ~ , ,. ! stringent than the conditions found in 

~ 

1 * 10 CSR 10-6.320 (rescission) Sales 

------------- ----..~.....,.""""::.....;;...:...........,._.'-"""-__,;- Tax Exemption. 

This proposed rescission will rescind 

S bsc 'b d and wo n t bec.o e th' a regulation that is no longer re- u fl e S f 0 ll re ffi IS ----: qulred. This rule was written to 

I establish the criteria used by· the Mis- F b · souri• Air Conservation Commission day of e ruary , 20 Ito determine eligibility for sales tax 

---------------- ---- exemption for Items purchased or 1

1

. . _ ~~ , leased for the purpose of preventing, }-, fl/l } i ,1 • r j' 'f • abating, or monitoring air pollution in 'UJU/ll- .:j._.,U.J '· t ./L)7 1 accordance with section J 144.030.2(14), RSMo. Legislation en-. 

Notary Public, 

acted in 2008 removes the requirement for the Director of the Department of Natural Resources to certify 

sales tax exemptions (144.030.2.(14)) 

pertaining to the purchase or lease of My term as Notary Public expires certain items used to monitor air 

------- pollution. Rescinding the rule will 

1\, 

eliminate confusion in the regulated 

lliiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii community as it pertains to 

applicable sales tax exemption 

c;:"'"='P'Iri<:~~rrl ~t-
ental to air quality standards. . 

Documents for the above item(s} will be available for review at the Missouri Department of Natural Resources, Air Pollution Control Pro! 

gram, 165~ Elm Street, Jefferson City, (573) 751 -4817 and in the Public 

Notices section of the program web site www.dnr.mo.gov/env/apcp/iil- dex.html. This information will be 

available at least 30 days prior to the public hearing date. 

Persons with disabilities requiring special services or accommodations 

to attend the meeting can make 

arrangements by calling the depart· ment directly at (573} 526-4679, the department's toll free number at 

(800} 334-6946, or by writing two weeks in advance of the meeting to; Missouri Department of Natural . REi. 

sources, 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. ' 

The commission holds pub]lc hearings under the provisions of chapter 643, RSMo. Citizens wishing to speak at the public hearing should notify the secretary to the Missouri Air Conservation Commission, Missouri Department of Natural Re· 

sources, Air Pollution Control Program, P.O. Box 176, Jefferson City, l Missouri 65102-0176, or telephone (573} 526-4679. The department re-

. quests persons Intending to give verbal presentations also provide a 

· written copy of their testimony to the 

1 commission secretary at the time of 

, the public hearing. The department 

' also will accept written or email com1 ments for the record until 5 p.m. on April 2, 2009; please send two copies 

1 of written comments to Chief, Air Quality Planning Section, Air Pollut.ion Control Program, P.O. Box 176; Jefferson City, MO 65102-0176. I Email comments regarding rule ac- tions shall be sent to 

apcprul!!spn@dnr.mo.gov and email comll)ents regarding plan actions shall be sent to 

apcpsppn@dnr.mo.gov. All written and email comments and public 

· hearing testimony will be equally considered .• 

1 Public hearing items may be adopted 

• by the Missouri Air Conservation 

: Commission as provided for under 

• authority of 643.050, RSMo. For 

• more· information or a complete meeting agenda, including items 

I being presented for adoption, 

· contact the Missouri Department of ' Natural Resources' Air Pollution 

I Control Pro. 

I N.T. Feb. 23, 2009 

JOOIJ uado S9J:,(OU! JOCjj U!eW 'ij 

•hc-

~,..,.. , "'" n tntno tn C!nntfii'IC:Qotri 111 
I, Larry W. Freels, being duly sworn, according to law, state that I am the Publisher of 

Kirksville Daily Express, a daily newspaper of general circulation in the County of Adair, 

State of Missouri, where located; which newspaper has been admitted to the Post Office 

as periodical class matter in the City of Kirksville, Missouri, the city of publication; 

which newspaper has been published regularly and consecutively for a period of three 

years and has a list of bona fide subscribers, voluntarily engaged as such who have paid 

or agreed to pay a stated price for a subscription for a definite period of time, and that 

such newspaper has complied with the provisions of Section 493.050, Revised 

Statutes of Missouri 2000, and Section 59.310, Revised Statutes of Missouri 2000. The 

affixed notice appeared in said newspaper in the following consecutive issues. 

First Insertion 

See reference of 

legal on page 2. 

Vol. 106, No. 175, 26th day of July ,2007 

Subscribed and sworn to before me on this ~b ~ day of 

~4< ,2007. 

Carol 

~cL~~ 

Ann Freels -Notary Public 

My Commission Expires February 21,2011 

Publication Fee $320.63 

Received payment _____________ _ 
MISSOURI AIR CONSERVA'riON 

C.QMMISSioN· 

WILL HOLD PUBLIC 

·. . 

, JEFFERSON CITY, MO The },lr Commission y..rill hold a public hearing on ·Open Burning 

Requirements and Asbestos Project on Thursday, 

August 30, 2007. The Public Hearing Will begin a! 9 a.m. at the 

Quality Inn and Suites, Calypso Aloha Meeting Rooms, 120 

Lindsey Drive Highway 36, Hannibal, M9- cory-tmlssion will 

hear testimony related to the following _rO!e actions. 

. . . . 

* 1 o GSA 1 a·-6.b45'·(new rule) ·open. Bu_tning· Requirements _ 

four ·(4) 

open burning regulations into ·a singlelSt;atewid

_

e 11,1le. "This rule· 

sets forth the conditiOns and restrictioli$ "for open burning 

of refuse and combustible materials·throughdut ,Missouri and 

defines when an open burning permit is requireQ. • .. 

. . ' . . .... ... ,;.- . \' .- .. 

10 CSR 10-2.100 (rescission) Open Burning Restnctions 

. - - . - ,·_.: 

· 1 0 CSR 10-3.030 (rescission) Open. Butoing 

. ... =· .' ' ' 

.1 0 CSR i 0-·4,090 (re$cission)" Ope'n 

< I 0 .J 

' ' . 

o CSR 10-5.070 (rescission) Open i=lestrfc,ttons - • ""1 • 

These ·of ·refuse:

_by-bpen.· btir!:lh;IQ 

except as provided wl'der regu-·: 1 

_ ·are :tor · 

.... replaced with' new rule 10 -CSR 10:.f6'":045'tfiat

Acor'isohdates · 

- ·the open burning into one statewide rule. · 

* 1 0 CSR 1 0-6.241 (amendment) .Asbes;tos ProjectsRegistration, Notifipation and Performance, Requirements 

This proposed ai:nendment will Clarify .that'·all 

required under. this; rule shall be on Clapartment 

supplied for:ms. ihis wlll expedite tne of the forms 

and help to ensure all required infolrilation is provided. The 

amendment would also the 45-day comment period 

requirement for form changes to the general requirement 

section of this rule to clarify that it applies to all form revisions. The amendment will change the. word "workers" to 

, "individuals" for consistency throughout the rule and clarify 

that certified individuals must be employed on all regulated 

asbestos activities. This amendment will also define the collection period tot· asb_estos inspection .fees: · . 

* 10 CSR 1 0-6.250 (amendment) Asbestos ProjectsCertification, Accreditation a_nd Business Exemptidn 

Requirements 

propdsed amen.dment will relocate the 45-.day 

period requirement for form changes to the general requirement section of this rule to clarify that it apRiies to all form 

revisions. This amendment will also make clear that informa-

. tion required unaer thli; rule must-be submitted on the appropriate forms and contain accurate, legible information. 

The above documents will be available for review in the Public 

Notices section at web site · 

www.dnr.mo.gov/eny/apCp/index.html 

and at the following locations: Missouri Department of Natural 

Resources, Air Pollution Control Program, 1659 Elm Street, 

City, (573) 751-4817; Kansas City Regional Office, 500 

Colbern 

R.oad, Lee's Summit, (816) 622-7000; Northeast 

Regional Office, 1709 Prospect Drive, Macon, (660) 385-8000; 

Southeast Regional Office, 2155 N. Westwood Boulevard, Poplar 

Bluff, 840-9750; St. Louis Regional Office, 7545 S. 

Suite 210·. St. Louis, (314) 416-2960; So'uthwest 

Regio_nal Office, 2940 W. Woooland, Springfield, .(417) 891-4300. 

Persons with disabilities_ requiring specil:ll ssrvices ·or 

dations to attend the meeting can make arrangements by 'cailing .. 

. the qepartn'lent directly at (573) 526-4679, the department's toll 

free tnumber at (800) 334-6946, or by writing two weeks in 

advance of the meeting to: Missouri Department of Natural. 

Re'sdwces, Air Commission ,S.ecretary, P.O. Box 

176, City, · MO 651 0?. irrip£!ired.persons may 

contab:t the program through 

. ' . . . --

··:. -... 

The commission tJolds public hearings under the provisions of 

chapter 643, RSMo. Citizens wishing to speak at the public hearing should notify thE;!_ s®.retary to the Missouri Air Conservation 

Comrrjlssion, Missouri $apartment ·of Natural Resources, Air 

Pollution Control Program, P.O: Box 176, Jefferson City, Missouri ' 

651 q2-01_76, or· telephone (573) 526-4679. The department 

P!li:SO

_

r'is intenql)1g give yert:>;al presel)tatiQhs also providE! a .wrttten q_C>py oftheir te$tifliony to the commission secretary 

at-the time of the public. hearing. The department also wiU accept 

written comments ·for the .record until 5 p.m, on september 6, 

2007; please send two copies of written comments to Chief, 

Operations Section, Air Pollution Control Pro$ram, P.O. Box 176, 

Jefferson City, MO 651 02-0176. All written comments and public 

hearing testimony will be equally considered. 

- '· .. · .. '"" J_;.;. .- _,:.._:#, -·- "-'<_ ·:-·- 1 .. :••• t. 

Rule proposals consfdereq at this hearing-may be ·adopted by . · 

Air pqmmission as. prpvided for 

authority of·643.050, RSMo. For more lnformaticin or a 

complete meeting agenda, includin-g niles being presented for 

adoption, contact the Missouri Department of Natural 

. Resources' Air ppllution Control PrQgram at (573) 751-4817. 

·--

. . .. . . . 

.• 

··July 26, 2007 (A) 
MO DEPT OF NATURAL RESOURCES 

AIR POLLUTION CONTROL PRO 

POB 176 

JEFFERSON CITY MO 65102 

24523869 

7510572 

a true copy of which is hereto attached, 

was duly published in the above said newspaper 

FOR THE PERIOD OF: 1 Day (s) 

COMMENCING: July 29,2007 

ENDING: July 29,2007 

STAR EDITION (S): 7/29/ 

STAR PAPER (S): 315 

VOLUME: #127 

Subscribed and sworn to before me, 

this Monday, 30 July, 2007 . 

I certify that I was duly qualified 

as a Notary Public for the State of 

Missouri, commissioned in Jackson 

County, Missouri. My commission 

expires September 10, 2010. 

Laura 

S. Keeling, Notary 

LAURA 

S. KEELING 

Notary, Public - Notary Seal 

. Slate of Missouri 

,comm_lssloned for Jackson Coun 

M) Commission Expires: September 10 ~10 06429929 ' 

g four (4) open burning regulatlons Into a single statewide rule. This rule 

sets forth the conditions and restrictions for the 

open burning of refuse and combustible materials throughout Missouri and defines when an open burning permit Is required. 

*10 CSR 10-2.100 (rescission) Open Burning Restrictions 

10 CSR 10·3.030 (rescission) Open Burning Restrictions 

10 CSR 10·4.090 (rescission) Open Burning Restrictions 

10 CSR 10·5.070 (rescission) Open Burning Restrictions 

~~~~~af~f~efJ~~~~~t o~~~ ~~d~n~P~~fe~ 

alo~~Y~~~"s~ 

These regulations are pro- posed for rescission becf~id 

t~yrh 

~:wb·:~Pe rro ~SR 10·6.045 that consoli- dates the open burning provisions Into one state- wide rule. 

*10 CSR 10-6.241 

~amendmentl Asbestos 

tiWJ:fft~Ri~l~~gr':na~~~ 

Requirements ~~lr !i~~~~s~~a~ma,rd~\Wo~~ 

matlon required under this rule shall be provided on department supplied forms. This will expedite the review of the forms 

~~te~·~rnf~~.:~tJ~~e~~~~p~~= 

vlded. The amendment would also relocate the 45-

d~Yre~.\:\'rent 

fgrerlodfo~\;; 

~anges to the general re· qulrement section of this rule to clarify that It ap- ~~:s to a~~~~rrWe~tvlsi'?~Wi 

change the word "workers" to "Individuals" for consls· 

tency throughout the rule and clarify. that certified Individual st be emC~lt~~ on 

~~tedT~f; 

amendmen w also de· fine the collection time pe- ~~~~ f~':s. asbestos lnspec-

*10 CSR 10·6.250 

~amendm nt) Asbestos 

cig~yf!~i;~r~~aaY~~ln:;; 

Exemption Requirements 

This pr!>Jlosed amendment will relocate the 45-day comment period require- ment for form changes to 

~~ti!n"'~n~ls 

r::,~~~~~~fa~~ 

}~r~hat 

r~v1~fJ'~~s 

toTh,~ 

amendment will also make clear that Information re-

~ulred under this rule must ~e submitted on the apf~f~rl:i~urfao{~sle~?~le c~~: formation. 

The above documents will 

be available for review In the Public Notices section 

at web site www.dnr.mo. 

gov/env hapcp~lndex.html 

r~~~s~t 

~fs!gu~r'

'l¥e~~~~= 

ment of Natural Re· 

~~~t~~1

Pro:~m. 

iC~~u~r,:: 

Street, Jefferson City, (573) 751·4817· Kansas City Regional Office, 500 NE Colborn Road, Lee's Summit, (816) 622-7000; Northeast Re¥1onal Office, ~~~~ PrflC8f D~kv5e!ao'a5; 

U

~f~~h~~s~~i~~~;J 

:tf'rl 0 ,..,.,..,,. Dl oo ~l ~~=! fC:-, ?'\ 

JEFFERSON CITY, MO 65102-0176 

Coun~ofBuchanan 

State of Missouri 

I, Leona Gillenwater, being duly sworn 

according to law, state that I am the 

Legal Advertising Coordinator of the St. 

Joseph News-Press, a daily newspaper 

of general circulation in the coun~ of 

Buchanan, where located; which has 

been admitted to the Post Office as second class matter in the ci~ of St. 

Joseph, the ci~ of publication; where 

newspaper has been published regularly 

and consecutively for a period of three 

years and has a list of bona fide 

subscribers voluntarily engaged to pay a 

stated price for a subscription for a 

definite period of time, and that such 

newspaper has complied with the 

provisions 

of Section 493.050 Revised 

Statutes of Missouri, 1949. The affixed 

notice appeared in said newspaper on 

the following date: 

Run Dates: 

Appearances: 

AD SPACE: 

TOTAL COST: 

07/29/07 to 07/29/07 

1 

378 

$710.64 

Heather Sturtz 

Notary Public Notary Seal 

State of Missouri County of Buchanan 

My Commission Expires 01/30/2010 

Commisston #06831729 

· hearing on Open Burning Requirements and Asbesfos Project Requiremenls on Thursday, 

Aueust 30, 2007. The Public Hearing wiD begin at 9 a.m. at lhe Quality Inn and Suila$, 

Calypso and Aloha Meeting Rooms, 120 Uiidsev Drive Highway 36, Hannibal, MO. 

lhe commission will hear lesHmony related lo lhe follawing rule actions. . 

10 CSR 1 ()-6.045 (new rule) Open Burning Requil'llmllnts 

lhis proposed rule consoli~ lhe slo1es llldsHng ~~ (4) open bu':"i_!1g ~ulaHons inb' 

a single statewide rule. lhts rule sets forlh lhe cOndtfions and reslriclions lOr lhe open 

burning of refuse and combusHble materials lhroughout Missouri and defines when an 

open bUrning permit is required. 

• 10 CSR 1()-2.100 (rescission) Open Burning RestricHons 

1 0. CSR 1 C>-3.030 (rescission) Open Burning RestricHons 

10 CSR 1 C>-4.090 (rescission) Open Burning RestricHons 

10 CSR 10·5.070 (rescission) Open Burning RestricHons 

lhese rules prohibit lhe disposal af refuse by open burning except as provided under 

speciRed condiHons. These regulations ore prCoosecl for rescission because !he): are 

being replaced with new rule 10 CSR 1o-6.0451hat CXIIISO!idates the open burn1ng 

provisions into one statewide rule. 

• 1 0 CSR 1 C>-6.2.41 (amendment) Asbesfos Projecls·Registration, NotiRcaHon and 

Performance Requirements 

lhis ~ amendment will clarify lhat all informaHon required under lhis rule shall 

be provided on ~rtment supplied farms. lhis will expec:lite lhe review af lhe forms · 

and help to ensure all required information is provided. lhe amendment would also 

relocate the 45-day comment period ~uirement for form changes to lhe general 

requirement secfion of lhis rule lo darify'lhat it applies lo oil form revisions. lhe 

amendment will cha~ lhe word •woricen• lo 'individuals' for consistency throughout 

lhe rule and darify that cemRed individuals must be employed on all regulated . asbestos activiHes. lhis amendment will also cleRne lhe coRecHon Hme period for 

asbesfos inspecHon fees. 

10 CSR 1()..6.250 (amendment) Asbestos Projects-<:emncaHon, Accredilalion and 

Business ExempHon Requirements 

lhis p~ amendment will relocate lhe .45-day comment period requirement for 

form changes to lhe general ~uirerpent secHon Of lhis rule to clarify tliat it applies lo 

all form revisions. Tliis omendment will also make clear lhat infonnOHon requi~ 

under lhis rule must be submitted on lhe appropriate forms and contain accurate, I 

legible informaHon. 

lhe above documents will be OYOilable for review in lhe Public NoHces secfion at web site 

www.dnr.ma.gav/env/apcp/index.html and at the following locations: Missouri Department 

of Natural Resources, Air PolluHon Control Program, 1659 Elm Street1 JelferSon 07., (573) 751-.4817; Kansas City Regional Office, 500 NE Colbern Road, IJ,e•s Summtt, 

(B 16) 622·7000; Norlheast Regioncil Office, 1709 Prospect Drive, Macon, (660) 385·8000; 

Southeast Regional Office, 2155 N. Westwood Boulevard, Poplar Bluff, (573) 8.4()-9750; 

St. Louis Regjonal Office, 7545 S. Undberg, Suite 210, St. Louis, (314) 416·2960; Southwest 

Regional Office, 2040 W. Woodland, Springfield, (4Jn 891-.4300. 

Persons wilh disobiliHes req,uiring ~pecial services or accommodations lo attend the meeHng 

can make arra~ements. by calli~ lhe department directly at (573) 526·4679, lhe 

departmen~s toll free number at (BOO) 334-6946, or by wriHng_ two weeks i~ advance ~f !he 

meeHng lo: Missouri Department of Natural Resources, Air Conservafion Commtsston 

Secretary, P.O. Box 176, Jefferson City, MO 65102. Hearing impaired persons may 

contact the program lhrough Relay Missouri, (800)735-2966. 

lhe commission holds public ~rings .under lhe provi_sions af chapter 643, ~- Ci~Zilf!S 

wishing to speak at the publtc heanng should notify lhe secretary to the ~tssoun Air 

Conservation Commission, Missouri Department af Natural Resources, Air Pollufion Control 

Program, P.O. Box 176, Jefferson City, Missouri 65102.0176( ar telephone (573) 526·4679. 

lhe department requests persons intending lo give verba presentaHons also ~de a 

wriHen copy of lheir tesfimony to lhe commission secretary ot the Hme of lhe public hearing. 

lhe department also will accept wrillen comments for lhe record unHI 5 p.m. on September 

6 2007; please send two copies of written comments to Chief, OperaHons Secfion, Air 

P~lution Control Program, P.O. Box 176l Jefferson City, MO 65102.0176. All written 

comments and public hearing lesHmany wid be equally considered. 

Rule proposals considered at this hearing may be adopted bv the Missouri Air Cons~rvation 

Commission as provided for under aulhority Of 643.05<>, RSMo. For more informafion or o 

complele meeting agBflda, including rules being presented for adoption, contact the Missouri 

Deparlt(lent of Natuiol Resources' Air PolluHon Control Pr119rom at (573)751·48!,(. 

AFFIDAVIT OF PUBLICATION 

STATE OF MISSOURI ) ss. 

County of Boone ) 

I, SASHA MCMILLIN, being duly sworn according to law, state that I am 

one of the publishers of the Columbia Daily Tribune, a daily newspaper of 

general circulation in the County of Boone, State of Missouri, where located; 

which newspaper has been admitted to the Post Office as periodical class 

matter in the City of Columbia, Missouri, the city of publication; which 

newspaper has been published regularly and consecutively for a period of 

three years and has a list of bona fide subscribers, voluntarily engaged as 

such, who have paid or agreed to pay a stated price for a subscription for a 

definite period of time, and that such newspaper has complied with the 

provisions of Section 493.050, Revised Statutes of Missouri 2000, and 

Section 59.310, Revised Statutes of Missouri 2000. The affixed notice 

appeared in said newspaper on the following consecutive issues: 

I st Insertion July 27, 2007 

2nd Insertion 

3rd Insertion-------------------

4th Insertion 

5th Insertion------------------

6th Insertion 

7th Insertion-------------------

8th Insertion 

9th Insertion-------------------

1Oth Insertion 

lith Insertion------------------

12th Insertion 

13th Insertion------------------

14th Insertion 

15th Insertion------------------

16th Insertion 

17th Insertion------------------

18th Insertion 

19th Insertion------------------

20th Insertion: _________________ _ 

21st Insertion: 

22nd Insertion:-------------------

$160.20 

Printer's Fee Sasha eM lin 

Sobmibol&•wom <o bd~007 

fNOtaTYPUb I 

',~Q_Vp',, I, RUBY WHEELER :'sS-~~·- .~6'~-­ ~ ... NOTARY"P-:. 

: !lr : ·~· : • : ~·· ~-~~~.-&: 

. ·'/;OF M\S?,' ,,,,t' 

My Commission Expires 

July 18,2010 

Boone County 

Commission #06915807 

MISSOURI AIR CONSERVATION COMMISSION 

WILL HOLD PUBUC HEARING 

JEFFERSON CITY, MO -The Missouri Air Conservation 

Commission will hold a public hearing on Open Burning Requirements 

and Asbestos Project Requirements on Thursday, August 30,2007. The 

Public Hearing will begin at 9 a.m. at the Quality Inn and Suites, 

Calypso and Aloha Meeting Rooms, 120 Lindsey Drive Highway 36, 

Hannibal, MO. The commission will hear testimony related to the 

following rule actions. 

• 10 CSR I 0-6.045 (new rule) Open Burning Requirements 

This proposed rule consolidates the states existing four (4) open 

burning regulations into a single statewide rule. This rule sets forth the 

conditions and restrictions for the open burning of refuse and 

combustible materials throughout Missouri and defines when an open 

burning permit is r.equired. 

• 10 CSR I 0-2.100 (rescission) Open Burning Restrictions 

10 CSR 10-3.030 (rescission) Open Burning Restrictions 

I 0 CSR 10-4.090 (rescission) Open Burning Restrictions 

I 0 CSR 10-5.070 (rescission) Open Burning Restrictions 

These rules prohibit the disposal of refuse by open burning except as 

provided under specified conditions. These regulations are proposed for 

rescission because they are being replaced with new rule I 0 CSR I 0-

6.045 that consolidates the open burning provisions into one statewide 

rule. 

• 10 CSR 10-6.241 (amendment) Asbestos Projects-Registration, 

Notification and Performance Requirements 

This proposed amendment will clarify that all information required 

under this rule shall be provided on department supplied forms. This 

will expedite the review of the forms and help to ensure all required 

information is provided. The amendment would also relocate the 45-day 

comment period requirement for form changes to the general 

requirement section of this rule to clarify that it applies to all form 

revisions. The amendment will change the word "workers" to 

"individuals" for consistency throughout the rule and clarify that 

certified individuals must be employed on all regulated asbestos 

activities. This amendment will also define the collection time period 

for asbestos inspection fees. 
7545 S. Lindberg, Suite 210, St. Louis, (314) 416

2960; Southwest Regional Office, 2040 W. Woodland, Springfield, (417) 891

4300. 

Persons with disabilities requiring special services or accommodations to attend the meeting can make arrangements by calling the department 

directly at (573) 526-4679, the department's toll free number at (800) 334-6946, 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. 

The commission holds public hearings under the provisions of chapter 643, RSMo. 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) 526-4679. 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. The department also 

will accept written comments for the record unti15 p.m. on September 6, 2007; please send two copies of written comments to Chief, 

Operations Section, Air Pollution Control Program, P.O. Box 176, Jefferson City, MO 65102-0176. All written comments and public hearing 

testimony will be equally considered. 

Rule proposals considered at this hearing may be adopted by the Missouri Air Conservation Commission as provided for under authority of 

643.050, RSMo. For more information or a complete meeting agenda, including rules being presented for adoption, contact the Missouri 

Department ofNatural Resources' Air Pollution Control Program at (573) 751-4817. 

INSERTION DATE: July 27, 2007. 

Columbia Daily Tribune Affidavit of Publication Page2 Printer's Fee: $ 160.20 
hear testimony related 

to the following rule ac- tions. 

•10 CSR 10-6.045 (new rule) Open Burning Re- quirements 

ST. LOUIS, MISSOURI63101 

This proposed rule con- solidates the states 

existing four (4) open burning regulations Into 

a single statewide rule. This rule sets forth the 

conditions and restrictions for the open burn· 

ing of refuse and com· busllble materials 

throughout Missouri and defines when on open burning permit Is re- quired. 

The attached advertisement 

)?7;

4Mf7m · ~./ "'/' 7'11UWd ~ 

•10 CSR 10-2.100 ( rescl&- slon) Open Burning Re- strictions 

10 CSR 10-3.030 (rescis- sion) Open Bur ning Re- strictions 

10 CSR 10-4.090 (rescis- sion) Open Burning Re- strictions 

10 CSR 10-5.070 ( rescls· slon) Open Burning Re- strictions 

These rules prohibit the dl sposal of refuse by 

open burning except as provided under specified conditions. These regu- ,latlons are proposed for rescission because they ~~;, ~~~~~g1~e~~we1do:.cm 

that consolidates the 

open burning provisions Into one statewide rule. 

The above • documents 

will be available for review In the Public No· 

!ices section at web _site 

www.dnr.mo.gov{env{ap cp/lndex.html and at the following locations: Missouri Department of •10 CSR 10- 6 . 241 Natural ResouTCes, Air 

(amendment) Ast>estos Pollutipn Control Pro- Proiecls·Reglstrallon, gram, 1659 Elm Street, Notification and Per· Jefferson City, (573) formance Requirements 751--4817; Kansas City ReThls proposed amend· ~~g{b~rnOff~c;:'c,/00Le~'i men! will clarify that all Summit, (816) 622-7000; 

~:,?r'i't,~:lo~uf~~i,',~W u~ r.~~~.h~'!Jo9Re~JJ~'l,~ p!'~t provided on department Drive, ·Macon,· (660) supplied forms. This 385-8000; Southeast Re-

~J1lh:xfo~~: ~~:l ~:rJ",~ f- ~fflc~, t N.'W~ooJ 

ensure all required In· Boulevard, Poplar Bluff, formation Is provided. (573) 840-97511; St. Louis The amendment would Regional Office, 7545 S. also relocate the 45-dav Lindberg, Sylte 210, St. 

comment period require- Louis, (314) 416·2960; 

m e n I f o r f o r m Soutliwest Regional Of· changes to the general fice 2040 

W. Woodland, 

requirement section of S p rlngfl e I d, ( 417) this rule to clarify that II 891-4300. ~f:fr:!~s !f'h~ a~~~~eev~i Persilns with disabllltie~ 

will change lhe word requiring special serv" •workers• to •tndlvldu.. Ices or accommodation~ 

als• for consistency to atlend_ibe_mjlj!!inQ. throughout the rule and can mCikeefrrangement~ 

~~~~~Y.'h':,',~~fti~:d ~~~: ~enfa~~~~~t~e 

at~1i 

ployed on all regulated 526·4679, the depart· asbestos activities. This ment's toll free number 

amendment will also de- at (800) 334-6946, or by 

fine the collection time writing two weeks ll' ad;; period for asbeslo~ In· vance of the meeting to: spec! ion fees. · Missouri Department of 

•10 CSR 10·6 . 250 

(amendment) Asbestos Pro jects-Certification, Accreditation and Business Exemption Requirements ;;,t;:~, ~~ro~:~cg,'!'er~; 

45-dav comment period requirement for form 

NahJral Resources, Air Conservation Commls· slon Secretary, P:O. Box 176, Jefferson Clfy, MO 65102. Hearing Impaired 

persons mav contact the 

~~~~~~.l~>uf3'1.~~~ 

The commission holds 

r~:~~ovr~~~~f ch~te~ 643, RSMo. Citizens ~~f!:lgg ~~~~: ~oma notify the se<:retarv to the Missouri Air Conser-

• ~g~~r C8~~~f~':.';tMt:, 

Natural Resources, Air Pollution Control Program, P .0. Box 176, Jef· 

~~~~17~ '~;. ~~h~~! 

(573) 52-79. The de- parllltent requests persons lntendi<UI 'to give verbal. presentatlohs also provide a written 

copy of their testimony to the commission secretary at the lime of !hit public hearing. The department also will ac- cept written comments for the . record until S p.m. on September 6, 2007; please send two copies of written com· 

lr.:'~~"s~tl~~·ekir .f:fl~ lion Control Program, P.O. Box 176, Jefferson 

Cify, MO 65102~176. All written comments and 

public hearing testimony will be equally consld· ered. · :r~ ar~~rs ~~rl;g~~ 

~u~tdoKf~ 

c~'f..!:'~a'n~'~ 

Commission as provided for under authority of 643.050, RSMo. For more 

/.Information or a com-

. r~~~~dl~:e·~~~es ag~.~':i presented for adoption, 

contact the Missouri Department of Natural Re- sources' Air Pollution 

Control Program at (573) 751-4817. ~~g~~ ~!~t t~~ft~~erg:r-----------------------------------------------~ this rule to clarity that II ~r:J'~!~" t'h1~ a~~~~e,;·;~i 

will also make clear that information required un .. der this rule must be 

submitted on the appro- pria te forms and contain 

accurate, legible inform .. 

at ion. 

" • (signed) ~ 

(title) / 

Sworn t~ and subsc d before me, 

ThisLnof U!..U} 200 

7" . 

~~

Notary Public. 

C

~ ity of St Louis 

a~1.L

~ 

My term expires _____________ _ 

Affidavit charge $. _____ each 

~PATRIC A CARLISLE 

Notary Publir. • Notary Seal 

tate ot Missouri· 

County of St. Louis 

My Commission EiqJlr cs Jun. 26, 2009 

Commission #05462762 ">:'""<:?" Y''""t:~r,i-~.-qp.-·-11 

0610 

g 

1~0 Lindsey Driv~ Highway 36, Hannibal, ~0 The commission 

will hear teStimop.y· 

related to the followmg 

rule actions. · 

* lO CSR 10-6.045 (new 

rule) Open Burning 

Requirements :i--. 

Tills proposed rule 

consolidates the states 

existing four (4) open 

burning regulations into 

a single statewide rule. 

This rule sets forth the 

conditions and 

restrictions for the open 

burning of refuse and 

combustible materials 

throughout Missouri and 

defines when an open 

burning permit is 

required. 

* 10 CSR 10-2.100 

(rescission) Open 

Burning Restrictions 

10 CSR 10-3.030 

(rescission) Open 

Burning Restrictions 

10 CSR 10-4.090 

(rescission) Open 

Burning Restrictions 

10 CSR 10-5.070 

(rescission) Open 

Burning Restrictions 

These rules prohibit the 

disposal of refuse by 

open burning except as 

provided under specified 

:onditions. These 

·egulations are proposed 

For rescission because 

hey are being replaced 

lw'ith new rule lO CSR 

l 0-6.045 that 

:onsolidates the open 

1uming provisions into 

me statewide rule. 

' Hl CSR 10-6.241 

amendment) Asbestos 'ro~ects Regi tration, ~otification and 

'erformance 

lequirements 

'his proposed 

mendment will clarify 

1at all information 

:quired under this rule 

Jail be provided on 

partment supplied 

lrms. !his will expedite 1e reVIeW of the forms 

Jd help to ensure all 

oquired information is ·ovided. The 

nendmll'nt wn ~ l.: n 

class matter in City of Poplar Bluff, Missouri, the city of publication; which newspaper has been published regularly and consecutively for a period of three years and has a list of bona fide subscribers volutarily engaged as such who have paid or agreed to pay stated price for a subscription for a definite period of time and that such newspaper has complied with the provisions of Section 493.050, Revised Statutes of Missouri 1969. The affixed notice appeared in said newspaper in the following consecutive issues. 1st Insertion Vo1./J9 ........ No.llP.ltJ. ................ rlJ.day of S.v..fy..2o0.'1 2nd Insertion Vol. ................. No ................................. day of .............. 20 ... . 3rd Insertion Vol. ................. No ................................. day of .............. 20 ... . 4th Insertion Vol. ................. No ................................. day of .............. 20 ... . 5th Insertion Voi .................. No ................................ day of .............. 20 ... . 6th Insertion Vol. ................. No ................................. day of .............. 20 ... . 7th Insertion Vol. ................. No ................................. day of .............. 20 ... . 8th Insertion Vol. ................. No ................................ day of .............. 20 ... . 9th Insertion Vol. ................. No ................................. day of .............. 20 ... . 10th Insertion Vol. ................. No ................................ day of .............. 20 ... . on Schneber, PUBLISHER Subscribed and sworn to before me this 20 0'7 . Amber 

R. Hornbeck, NOTARY PUBLIC 

My commission expires ___ ....,... ________ J __ ,-------':::::::::_ 

Publication Fee$ 2...1 6 3 L 

(

) 

p

g 

tions 

10 CSR 1p-4.090 (rescission) Open Burning Restric- tions 

10 CSR 10-5.070 (rescission) Open Burning Restric- tions 

These rules prohibit the disposal of refuse by open 

burning except as provided under specified conditions. These regulations are proposed for rescission 

because they are being replaced with new rule 1 0 

CSR 10-6.045that consolidates the open burning 

provisions Into one statewide rule. 

"10 CSR 10-6.241 (amendment) Asbestos Pro] 

eels-Registration, Notification and Performance Re- I qulrements This proposed amendment will clarify that all Information required under this rule shall be provided 

on department supplied forms. This will expedite 

the review of the forms and help to ensure all required Information Is provided. The amendment 

would also relocate the 45-day comment period requirement for form changes to the general requirement section of this rule to clarify that it applies to all 

form revisions. The amendment will change the 

word 'workers' to 'Individuals' for consistency 

throughout the rule and clarify that certified Individuals must be employed on all regulated asbestos activities. This amendment will also define the collection time period for asbestos Inspection fees. 

"1 0 CSR 10-6.250 (amendment) Asbestos Pro] 

acts-Certification, Accreditation and Business 

Exemption Requirements 

This proposed amendment will relocate the 45-day 

comment period requirement for form changes to 

the general requirement section of this rule to clarify 

that lt applies to all form revisions. This amendment 

will also make clear that Information required under 

this rule must be submitted on the appropriate forms 

and contain accurate, legible Information. The above 

documents will be available for review In the Public 

Notices section at web site www .dnr.mo.gov/env/apcplindex.html and at the following locations: 

Missouri Department of Natural Resources, Air Pollution Control Program, 1659 Elm Street, Jefferson 

City, (573) 751-4B17; Kansas City Regional Office, 

500 NE Colbem Road, Lee's Summit, (B16) 622-

7000; Northeast Regional Office, 1709 Prospect 

Drive, Macon, (660) 3B5-BOOO; Southeast Regional 

Office, 2155 N. Westwood Boulevard, Poplar Bluff, 

(573) B40-9750; St. Louis Regional Office, 7545 S. 

Lindberg, Suite 210, St. Louis, (314) 416-2960; 

Southwest Regional Office, 2040 W. Woodland, 

Springfield, (417) B91-4300. 

Persons wltlllllsabllities requiring special saiVIces or 

accommodations to attend the meeting can make 

arrangements by calling the department directly at 

(573) 526-4679, the department's toll free number at 

(BOO) 334-6946, or by writing two weeks In advance 

of the meeting to: Missouri Department of Natural 

Resources, Air ConseiVallon Commission Secretary, P.O. Box 176, Jefferson City, MO 65102. 

Hearing Impaired persons may contact the program 

through Relay Missouri, (BOO) 735-2966. 

The commission holds public hearings under the 

provisions of chapter 643, RSMo. Citizens wishing 

to speak at the public hearing should notify the secretary to the Missouri Air ConseiVatlon Commission, 

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

City, Missouri 65102-0176, or telephone (573) 526-

4679. The c:!epartment 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. The department 

also will accept written comments for the record until 

5 p.m. on September 6, 2007; please send two copIes of written comments to Chief, Operations Section, Air Pollution Control Program, P.O. Box 176, 

Jefferson City, MO 65102-0176. All written comments and public hearing testimony will be equally 

considered. 

Rule proposals considered at this hearing may be 

adopted by the Missouri Air ConseiVation Commission as provided for under authority of 643.050, 

RSMo. For more Information or a complete meeting 

agenda, Including rules being presenteil for adoption, contact the Missouri Derartment of Natural Resources' Air Pollution Contra Program at (573) 751-

4B17. 

August 7, 2007 

STATE OF MISSOURI 

County of Greene 

PROOF OF PUBLICATION 

I, Marsha Burnett of Springfield, Missouri, of lawful age, do upon 

my oath state that I am the Legal Clerk of the News-Leader, and that I am 

duly authorized to and do make this affidavit for and on behalf of the News· 

Leader, a newspaper published daily in the City of Springfield, Greene 

County, Missouri; that the public advertisement, notice or order of 

publication, a true copy of which is hereto attached, was published in said 

newspaper 1 time(s) upon the following dates: 

First publication on Sunday, July 29, 2007 

Second publication on 

Third publication on 

Fourth publication on 

Last publication on 

I do further state under oath that said newspaper has been 

admitted to the Post Office as second class matter; that it is a newspaper of 

general circulation in the City of Springfield, Missouri; that it has been 

published regularly and consecutively for a period of more than three years; 

that it has a list of bona fide subscribers voluntarily engaged as such; who 

have paid or agreed to pay a stated price for a subscription for a definite 

period of time, and that said newspaper has complied with the provisions of 

Section 14968 Revised Statues of Missouri, 1939, relating to "Public 

Advertisements. • 

me . • Day of 

0lJ...)Q:(LA.h Notary Public in and for 

'2007 

,, ~ :i ~ r. ~; ~ l\ 

,, ~ :~ ! 

r. ~ i ~ R 

i 

., 

y ~ ~ ~ ' ~ ~ ~ < 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

Mr. 

Mr. 

Mr. 

Mr. 

Mr. 

Mr. 

Mr. 

Mr. 

Ms. 

Mr. 

TRANSCRIPT OF PROCEEDINGS 

Public Hearing 

March 26th, 2009 

Community First Bank 

West Entrance 

915 West Fort Scott Street 

Butler, Missouri 64730 

Gary Pendergrass, Chairman 

Mark s. Garnett 

Jack Baker 

Ron Boyer 

Kevin L. Rosenbohm 

COMMISSIONERS 

David s. Gilmore, Assistant 

James L. Kavanaugh, Director 

Steve Feeler 

Kyra Moore 

David J. Lamb 

STAFF 

MIDWEST LITIGATION SERVICES 

www.midwestlitigation.com Phone: 1.800.280.3376 

Fax: 314.644.1334 
4 CHAIRMAN PENDERGRASS: The hearing will 

5 come to order. Let the record show the following 

6 Commissioners are present: Jack Baker, Kevin 

7 Rosenbohm, Mark Garnett, Gary Pendergrass and Ron 

8 Boyer. 

9 The Air Conservation Commission of the 

10 State of Missouri has called this public hearing 

11 pursuant to Section 643.070 provided Statutes of 

12 Missouri, EPA propagated as Rule 40 CFR 51 . 102, for 

13 the purpose of hearing testimony relating to 10 CSR 

14 10-5.570 (new rule), Control of Sulfur Emissions 

15 from Stationary Boilers; 10 CSR 10-6.260 

16 (amendment), Restriction of Emission of Sulfur 

17 Compounds; 10 CSR 10-6.120 (amendment), Restriction 

18 of Emissions of Lead from Specific Lead Smelter -

19 Refinery Installations; 10 CSR 10-6.320 

20 (rescission), Sales Tax Exemption; and 10 CSR 10 -

21 6 . 045 (amendment), Open Burning Requirements. 

22 The hearing record will close at 5:00 

23 p.m . , April 2nd, 2009. Anyone who has not been 

24 scheduled to appear but wishes to be heard should 

25 indicate that you wish to speak on the subject. 

www.midwestlitigation.com 

MIDWEST LITIGATION SERVICES 

Phone: 1.800.280.3376 Fax: 314.644.1334 
5 filing for sales tax exemptions for the purchase or 

6 lease of certain items used to monitor air 

7 pollution. 

8 If the Commission adopts this rule 

9 action, it will be the Department's intention not 

10 to give the rule rescission to the U.S. 

11 Environmental Protection Agency for removal from 

12 the Missouri State Implementation Plari, because the 

13 current rule is not included in the State 

14 Implementation Plan. 

15 Mr. Chairman, that concludes my 

16 testimony. I'd be happy to answer any questions 

17 you might have specific to the rule. 

18 CHAIRMAN PENDERGRASS: Any questions for 

19 Ron? Thank you very much. Paul Myers? 

20 (10 CSR 10-6.045 (amendment), Open Burning 

21 Requirements) 

22 PAUL MYERS, being sworn-in by the Court 

23 Reporter, testified as follows: 

24 MR. MYERS: Good morning, Commissioners. 

25 My name is Paul Myers and I work as an 

www .midwestlitigation.com 

MIDWEST LITIGATION SERVICES 

Phone: 1.800.280.3376 Fax: 314.644.1334 
4 Jefferson City, Missouri. 

5 Today, I will be presenting testimony 

6 on an amendment to 10 CSR 10 - 6 . 045, Open Burning 

7 Requirements. This rule can be found beginning on 

8 page 161 of the Briefing Document. 

9 In 2008, The Department of Natural 

10 Resources promulgated a new open burning rule that 

11 consolidated four area specific rules. Following 

12 the promulgation of this rule, it carne to the 

13 program's attention that certain provisions of the 

14 earlier open burning rules were not included in the 15 current rule. The lack of these provisions in turn 

16 caused a hardship for several industries, 17 specifically home builders in the St. Louis area 18 and Dyno Nobel of America located in Carthage. 

19 For the home builders, the hardship was 

20 that future work had already been contracted out 21 for land clearing operations that would not comply 

22 with the regulations . For Dyno Nobel, the concern 

23 was in disposal of explosive material. This 24 amendment to 6 . 045 will correct those specific 

25 situations and give the Staff Director authority to 

www.midwestlitigation.com 

MIDWEST LITIGATION SERVICES 

Phone: 1.800.280.3376 Fax: 314.644.1334 
5 

6 Quality Inn & Suites 

7 120 Lindsey Drive - Highway 36 

8 Hannibal, Missouri 63401 

9 

10 AUGUST 30, 2007 

11 

12 Members of the Commission: 

Michael Foresman 

13 Kevin L. Rosenbohm 

Richard Rocha 

14 Mark A. Fohey 

Gary Pendergrass 

15 Jack Baker 

Mark S. Garnett 

16 

17 TRANSCRIPT OF MISSOURI AIR CONSERVATION COMMISSION 

18 MEETING heard on the 30th day of August, 2007, at the Quality Inn 

19 & Suites, 120 Lindsey Drive, Highway 36, in the City of Hannibal, 

20 State of Missouri, before Randall W. Wells, Official Court 

21 Reporter, Certified Shorthand Reporter, Certified Court Reporter 

22 and Notary Public in the State of Missouri. 

23 

24 

www.midwestlitigation.com 

MIDWEST LlTIGATION SERVICES 

Phone: 1.800.280.DEP0(3376) Fax: 314.644.1334 
p

g p

g

g 

5 order. 

6 Let the record show the foll owing Commissioners are 

7 present: Mike Foresman, Mark Fahey, Jack Baker, Mark Garnett, 

Kevin Rosenbohm, Richard Rocha, and Gary Pendergrass. 

9 The Air Conservation Commission of the State of 

10 Missouri has called this public hearing pursuant to Section 

11 643.070, Revised Statues of Missouri; EPA promulgated rule 40 CFR 

12 51.102, for the purpose of hearing testimony related to: 

13 10 CSR 10-6.045 (new rule) Open Burning Requirements. 

14 10 CSR 10-2.100 (rescission) Open Burning 

15 Restrictions. 16 10 CSR 10-3.030 (rescission) Open Burning 

17 Restrictions. 

18 10 CSR 10-4.090 (rescission) Open Burning 

19 Restrictions. 

20 10 eSR 10-5.070 (rescission) Open Burning 21 Restrictions. 

22 10 CSR 10-6.241 (amendment) Asbestos 

23 Projects-Registration, Notification and Performance Requirements. 

24 10 CSR 10-6.250 (amendment) Asbestos i 25 Projects-Certification, Accreditation and Business Exemption 

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MIDWEST LITIGATION SERVICES 

Phone: 1.800.280.DEP0(3376) Fax: 314.644.1334 
4 the Departme

t 

p

g

5 In addition, notices were also published in several 

6 newspapers with general circulation throughout the state. They 

7 were published in the Columbia Daily Tribune, Kansas City Star, 

8 St. Joseph News-Press, the St. Louis Post-Dispatch, the 

9 Springfield News-Leader, The Daily American Republic and the 

10 Kirksville Daily Express. 

11 Notice of this public hearing was mailed to 

12 approximately three hundred citizens, organizations, 

13 corporations, associations, and elected officials. I submit that 

14 list for the record. 

15 In addition, I have for the record the certified mail 

16 receipts from four of the local air pollution control agencies, 

17 as well as copies of receipts from the U.S. Environmental 

18 Protection Agency and the states of Illinois and Kansas . 

19 Chairman, this concludes my testimony. 

20 MR. FORESMAN: Thank you, Jim. 

21 Paul? Paul Myers? 

22 PAUL MYERS, 

23 having been sworn by the Court Reporter, testified: ! 

,. 

24 MR. MYERS: My name is Paul Myers and I work as an 

25 Environmental Specialist with the Department of Natural 

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MIDWEST LITIGATION SERVICES 

Phone: 1.800.280.DEP0(3376) Fax: 314.644.1334 
4 new rule and a request to rescind four existing rules that 

5 address opening burning in the state. These rules can be found 

6 beginning on page 111 of the briefing document. 

7 This proposed new rule action is the result of a 

8 petition back in January of 2005 that asked the Missouri Air 

9 Conservation Commission to address concerns about the open 

10 burning of crop stubble in the bootheel portion of the state. 

11 The Commission, in response to that petition, asked the Air 

12 Pollution Control Program to convene a workgroup to examine the 

13 merits of the petition and take appropriate action. 

14 A workgroup was organized and composed of individuals 

15 and organizations familiar with the open burning regulations. 

16 Attendees included fire safety officials, regulatory agency 

17 staff, small business advisory representatives, and city 

18 planners. 

19 In addition to the petition topic that brought the 

20 workgroup together, the Air Pollution Control Program saw the 

21 workgroup as an opportunity to try and address other issues 

22 related to open burning regulations . 23 The agenda topics for the initial workgroup were t o 

24 look at: 

25 General improvements to rule for clarity and 

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MIDWEST LITIGATION SERVICES 

Phone: 1.800.280.DEP0(3376) Fax: 314.644.1334 
Commission under section 643.050, RSMo 2000, the commission 

amends a rule as follows: 

10 CSR 10-6.045 is amended. 

A notice of proposed rulemaking containing the text of the proposed 

amendment was published in the Missouri Register on February 3, 

2009 (34 MoReg 205- 206). Those sections with changes are reprint· 

ed here. This proposed amendment becomes effective thirty (30) days 

after publication in the Code of State Regulations. 

SUMMARY OF COMMENTS: The Missouri Department of 

Natural Resources' Air Pollution Control Program received five (5) 

comments from three (3) sources on this amendment: Associated 

General Contractors of Missouri, Inc., Missouri Limestone 

Producers Association, and the 

U.S. Environmental Protection 

Agency (EPA). 

COMMENTS #1 and #2: Both the Associated General Contractors 

of Missouri, Inc. and the Missouri Limestone Producers Association 

submitted letters in support of the proposed amendment. 

RESPONSE: The department's Air Pollution Control Program 

appreciates the support of this revision. No wording changes have 

been made to the proposed amendment as a result of these comments. 

COMMENT #3: EPA requests that the department provide a tech· 

nical demonstration outlining the difference between this rule, which 

is an amendment to a consolidation of four ( 4) separate rules, and the 

original rules approved in the Missouri State Implementation Plan 

(SIP) showing that this rule is as stringent as the original SIP 

approved version and that there are no net air quality disbenefits as a 

result of the revision. EPA reserves the opportunity to comment fur· 

ther on this proposed amendment following receipt of this support 

documentation. 

RESPONSE: The department's Air Pollution Control Program will 

provide a technical demonstration to EPA when the amended rule is 

submitted for inclusion in the state implementation plan. No wording changes have been made to the proposed amendment as a result 

of this comment. 

COMMENT #4: In section (3) General Provisions, the department's 

proposed change did not address petroleum-based products. EPA 

requests that the department provide an explanation for why petroleum-based products are not included in the description and an analy· 

sis of any air quality impacts of the revisions if petroleum-based 

products are not included under the definition of trade wastes. 

RESPONSE AND EXPLANATION OF CHANGE: Petroleum· 

based products is in the current rule and was inadvertently removed 

as a result of changing a sentence. The department's 

Air Pollution 

Control Program has no concerns about restoring petroleum-based 

products in the rule. Section (3) is amended by retaining petroleumbased products under the general provisions heading. 

COMMENT #5: In paragraph (3)(A)l0., the department indicates 

that certain trade wastes may be permitted. EPA suggests that the 

department remove the term certain and instead list the specific trade 

wastes that would be exempt from the open burning prohibition 

should the entity be able to show that a situation exists where open 

burning is in the best interest of the general public, or when it can be 

(3) General Provisions. No person may conduct, cause, permit, or 

allow the disposal of tires, petroleum-based products, trade waste, 

construction or demolition waste, salvage operation waste, or 

asbestos containing materials by open burning, except as permitted 

below. Nothing in this rule may be construed as to allow open burning which causes or constitutes a public health hazard, nuisance, a 

hazard to vehicular or air traffic, nor which violates any other rule 

or statute. 

Title 10-DEPARTMENT OF NATURAL RESOURCES 

Division 10-Air Conservation Commission 

Chapter 6-Air Quality Standards, Defmitions, Sampling 

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri 

ORDER OF RULEMAKING 

By the authority vested in the Missouri Air Conservation 

Commission under section 643.050, RSMo 2000, the commission 

amends a rule as follows: 

lO CSR 10-6.120 is amended. 

A notice of proposed rulemaking containing the text of the proposed 

amendment was published in the Missouri Register on February 3, 

2009 (34 MoReg 206-208). Those sections with changes are reprint· 

ed here. This proposed amendment becomes effective thirty (30) days 

after publication in the Code of State Regulations. 

SUMMARY OF COMMENTS: The Missouri Department of 

Natural Resources' Air Pollution Control Program received four (4) 

comments from one (1) source: the U.S. Environmental Protection 

Agency (EPA). 

COMMENT #1: EPA commented that an air quality analysis, including any appropriate modeling results, is necessary to show that the 

conditions contained in the rule are sufficient to provide for attain· 

ment of the 1.5 llg/m3 National Ambient Air Quality Standard 

(NAAQS) for lead. EPA recommended that the analysis address all 

of the applicable completeness requirements contained in 40 CFR 

part 51, Appendix 

V, Section 2.2 Technical Support. 

RESPONSE: The department's Air Pollution Control Program will 

provide EPA with an air quality analysis when the rule is submitted 

to EPA to replace the current rule in the Missouri State 

Implementation Plan (SIP). No wording changes have been made to 

the proposed amendment as a result of this comment. 

COMMENT #2: EPA noted that the amendment changes the emis· 

sions limit for the main stack and removes all throughput process limits. The Prevention of Significant Deterioration (PSD) permit for the 

Doe Run Company's Buick facility contains a total lead production 

limit of one hundred seventy-five thousand (175,000) tons per year. 

This limit is not contained in the rule amendment. The limits in the 

SIP and in the PSD permit should be similar. Future permit changes 

that could impact attainment and maintenance of the NAAQS for lead 

would also need to be reflected in the SIP. 

RESPONSE AND EXPLANATION OF CHANGE: As a result of 

the prop ·ed amendment. so it is not reprinted here. This roposed 

amendme t becomes effective thirty (30) days after public tion in the 

Code of St e Regulations. 

Title 3 DEPARTMENT OF CONSE 

Divi ·on tO-Conservation Com ssion 

Chapter 12 Wildlife Code: Special R ulations for 

A s Owned by Other Enf ies 

By the authority veste in the Conservation ommission under sections 40 and 45 of A IV, Mo. Const., e commission amends a 

rule as follows: 

3 CSR 10-12.115 B 

A notice of proposed rulem king con ining the text of the proposed 

amendment was published in e Mis uri Register on September 17, 

2007 (32 MoReg 1548- 1549 No changes have been made in the 

text of the proposed amendm t, o it is not reprinted here. This 

proposed amendment becomes f ctive thirty (30) days after publication in the Code of State Reg 

SUMMARY OF COMMENT 

By the authority ves d in the Conservation Commission under sections 40 and 45 of rt. IV, Mo. Cons!.. th commission amends a 

rule as follows: 

3 CSR 10-1 .130 Fishing, Gener.ll Provis1 ns and Seasons 

is amended. 

A notice of p posed rulemaking containing the te t of the proposed 

amendment s published in the Missouri Register September I 7, 

2007 (32 Reg 1549). No changes have been rna e in the text of 

the propos d amendment, so it is not reprinted here. TI1is proposed 

amendme t becomes effective thirty (30) days after pu ication in the 

Code of tate Regulations. 

SUM ARY OF COMMENTS: No comments were rec ived. 

Title 3-DEPARTMENT OF CONSERVATIO 

Division tO-Conservation Commission 

Chapter 12-Wildlife Code: Special Regulations 

Areas Owned by Other Entities 

ORDER OF RULEMAKING 

Title 10-DEPARTMENT OF NATURAL RESOURCES 

Division 10-Air Conservation Commission 

Chapter 2-Air Quality Standards and Air Pollution 

Control Rules Specific to the Kansas City Metropolitan 

Area 

ORDER OF RULEMAKING 

By the authority vested in the Missouri Air Conservation 

Commission under section 643 .050, RSMo 2000, the commission 

rescinds a rule as follows: 

10 CSR 10-2.100 Open Burning Restrictions is rescinded. 

A notice of proposed rulemaking containing the proposed rescission 

was published in the Missouri Register on July 16, 2007 (32 MoReg 

I 115). 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: No written or verbal comments were 

received concerning this proposed rescission during the public comment period. 

Title 10-DEPARfMENT 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 2000, the commission 

rescinds a rule as follows: 

10 CSR 10-3.030 Open Burning Restrictions is rescinded. 

A notice of proposed rulemaking containing the proposed rescission 

was published in the Missouri Register on July 16, 2007 (32 MoReg 

I I 15). 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 Stare Regulations. 

SUMMARY OF COMMENTS: No written or verbal comments were 

received concerning this proposed rescission during the public comment period. 
Commission under section 643.050, RSMo 2000, the commission 

rescinds a rule as follows: 

10 CSR 10-4.090 Open Burning Restrictions is rescinded. 

A notice of proposed rulemaking containing the proposed rescission 

was published in the Missouri Register on July 16, 2007 (32 MoReg 

I 115-1116). 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: No written or verbal comments 

were received concerning this proposed rescission during the public 

comment period. 

Title 10-DEPAIITMENT OF NATURAL RESOURCES 

Dhision 10-Air Consen'lltion Commission 

Chapter 5-Air Quality Standards and Air Pollution 

Control Rules Specific to the St. Louis Metropolitan Area 

ORDER OF RULEMAKING 

By the authority vested in the Missouri Air Conservation 

Commission under section 643.050, RSMo 2000, the commission 

rescinds a rule as follows: 

10 CSR 10-5.070 Open Burning Restrictions is rescinded. 

A notice of proposed rulemaking containing the proposed rescission 

was published in the Missouri Register on July 16, 2007 (32 MoReg 

1116). 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: No written or verbal comments 

were received concerning this proposed rescission during the public 

comment period. 

Title 10-DEPARTMENT OF NATURAL RESOURCES 

Division 10-Air Conservation Commission 

Chapter 6-Air Quality Standards, Definitions, Sampling 

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri 

ORDER OF RULEMAKING 

By the authority vested in the Missouri Air Conservation 

Commission under section 643.050, RSMo 2000, the commission 

adopts a rule as follows: 

10 CSR 10-6.045 is adopted. 

A notice of proposed rulemaking containing the text of the proposed 

rule was published in the Missouri Register on July 16. 2007 (32 

MoReg 1 I I 6-11 I 8). Those sections with changes are reprinted here. 

citizen. 

COMMENT #1: The Missouri Farm Bureau spoke in support of the 

proposed rule at public hearing. The Missouri Farm Bureau was a 

participant in the workgroup that reviewed the present open burning 

regulations and developed the proposed rule. 

RESPONSE: The department's Air Pollution Control Program 

appreciates Missouri Farm Bureau's participation in the workgroup 

and their support. No wording changes have been made to the proposed rulemaking as a result of this comment. 

COMMENT #2: The U.S. Environmental Protection Agency commented that they encourage the Department of Natural Resources 

(DNR) to keep the open-burning regulations in mind as they develop 

plans to attain the ozone and fine particulate matter standards in St. 

Louis and Kansas City. To the extent that open burning may impact 

ozone and particulate matter formation in certain areas, it may be 

beneficial for the DNR to evaluate if revisions to the open burning 

regulations are necessary in order to attain the air quality standards. 

RESPONSE: The permit requirement in the regulation for those 

wanting to open burn in and around major metropolitan areas should 

help minimize the pollution resulting from open burning. Should the 

need arise, based on monitored levels of pollutants or in anticipation 

of high pollutant concentrations, these permits may be denied or held 

until a more favorable meteorological conditions are present. No 

wording changes have been made to the proposed rulemaking as a 

result of this comment. 

COMMENT #3: The Springfield-Greene County Health Department 

and the Greene County Commission commented that it is concerned 

about provisions made in the proposed open burning rule 10 CSR 10-

6.045. They agree that it is a good idea to consolidate the existing 

four open burning regulations, but the new rule appears to reduce 

existing requirements in Greene County. Paragraph (3)(A)4. of the 

proposed rule states that as long as you are outside of any incorporated area or municipality, outside the St. Louis metropolitan area, 

and at least two hundred (200) yards from any occupied structure, 

land clearing of vegetative debris can be burned without a permit. 

However, for Springfield-Greene County, as stated in 10 CSR 10-

4.090(4), open burning permits are required except for those conditions stated in 10 CSR I0-4.090(4)(A). They feel that the proposed 

rule should not reduce established requirements for our area and the 

proposed rule should be amended to include the existing permit 

requirements. 

RESPONSE AND EXPLANATION OF CHANGE: In reviewing 

these comments and the wording in the existing regulations, a wording change has been made to the proposed rule at (3)(A)4.A. and 

(3)(8)2. The change includes the listing of the Kansas City metropolitan area and the Springfield-Greene County area. As a result of 

this change, an open burning permit will be required in the Kansas 

City metropolitan area, Springfield-Greene County area, and the St. 

Louis metropolitan area for land clearing opemtions. 

COMMENT #4: The St. Louis County Department of Health comments that the proposed rule be amended at (3)(A)5.D. by prohibiting the open burning of trees, tree leaves, brush or any other type of 

vegetation in all of St. Louis County. As the rule is proposed, this 

type of open burning would be allowed in the unincorporated areas 

of St. Louis County.