. ', ,) , 

Jeremiah W Oay) Ni.,<on, Governor • Sara Parker Pauley, Direcror 

T OF NATURAL RESOURCES 


www.dnLmo.gov 

NOV 2013 

Mr. Karl Brooks 

Regional Administrator 

U.S. EPA, Region VII 

11201 Renner Boulevard 

Lenexa, KS 66219 

Dear Mr. Brooks: 

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 10-6.040 Reference Methods 

This amendment updates the incorporation by reference in section (4) to include the latest 

Federal Register promulgation dates. Recent Federal Register Notices add Federal Equivalency 

Methods (FEMs) for ambient monitoring of nitrogen dioxide and fine particulate matter; and two 

FEMs for laboratory analysis of lead. Adding the latest Federal Register promulgation dates to 

this rule allows the latest FEMs to be used to meet state requirements. The ASTM Methods for 

determining parameters such as fuel sulfur and heat content are also updated to the latest 

versions available. 

The commission adopted the enclosed rule action(s) on July 24,2013, after considering 

comments received at public hearing and throughout the open public comment period. The 

commission has full legal authority to develop rules pursuant to Section 643.050 of the Missouri 

Air Conservation Law. The state followed all applicable administrative procedures in proposing 

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

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

The Missouri Department of Natural Resources requests that the U.S. Environmental Protection 

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

Compliant with the April 6, 2011 SIP regional consistency memo, an exact duplicate of this 

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

Missouri coordinator. 

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

Mr. Karl Brooks 

Page Two 

please contact Wendy Vit, with the Department's Air Pollution Control Program at P.O. Box 

176, Jefferson City, MO 65102 or by phone at (573) 751-7840. 

Sincerely, 

AIR POLLUTION CONTROL PROGRAM 

Director 

K~~r~~~ 

KLM:pmc 

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 notices 

Copy of public hearing transcript introductory statement 

Copy of MO Reg proposed rulemaking 

Copy of MO Reg order of rulemaking with comments/responses 

Mark-Up of Existing Federally-Approved State Regulation(s) 

c: Missouri Air Conservation Commission 
Order of Rulemaking 

Compliant with 643.055 RSMo, the Missouri Air Conservation Commission has 

determined that this action is needed to have a U.S, Environmental Protection 

Agency approved State Implementation Plan. 

10 CSR 10-6.040 (amendment) Reference Methods, is hereby ADOPTED by the 

Missouri Air Conservation Commission this 24th day of July, 2013. 

:.=~c ,----".6I..L-l(l. ..............b.o.=~~---' Chairman 


,L,JI- ~= , Vice Chairman 

-L~~~~~~~~~ _________,Member 

________________________________, Member 

________________________________, Member 

________________________________, Member 
Jay Nixon, Governor 

Sara Parker Pauley, Director

Air Pollution Control Program

Rulemakings on Public Notice                                                    

The Missouri Department of Natural Resources filed the following proposed rulemakings with the 

secretary of state's office and comments are being accepted as noted at the end of the proposed 

rulemaking under the Notice of Public Hearing and Notice to Submit Comments heading. To 

submit comments electronically, use the links below the rule or to submit written comments see 

the address below.

10 CSR 10-6.040 (amendment) Reference Methods

This proposed amendment will update the incorporation by reference in section (4) to include the 

latest Federal Register promulgation dates. Recent Federal Register Notices add Federal 

Equivalency Methods (FEMs) for ambient monitoring of nitrogen dioxide and fine particulate 

matter; and two FEMs for laboratory analysis of lead. Adding the latest Federal Register 

promulgation dates to this rule will allow the latest FEMs to be used to meet state requirements.

The ASTM Methods for determining parameters such as fuel sulfur and heat content are also being 

updated to the latest versions available.

Proposed Rulemaking – Published in May 1, 2013 Missouri Register

Additional Information on this rulemaking. 

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business July 5, 2013. 

10 CSR 10-6.060 (amendment) Construction Permits Required

This proposed amendment will incorporate by reference the U.S. Environmental Protection 

Agency's (EPA's) revisions to plantwide applicability limitations (PALs) for Greenhouse Gas (GHG) 

emissions finalized with Step 3 of the GHG Tailoring Rule. These revisions give facilities subject 

to GHG permitting the option of establishing PALs on a carbon dioxide equivalent basis and 

documents that EPA is retaining the current GHG permitting thresholds, ensuring that GHG 

permitting requirements continue to apply to large sources only. The rulemaking will also remove

the EPA’s grandfather provision that allowed certain sources to use coarse particulate matter as a 

surrogate for fine particulate matter during the transition to PM2.5 permitting. This 

administrative change which will update the incorporation by reference date for the GHG PAL 

option will not affect any Missouri sources. Other revisions include correcting the definition of 

"regulated NSR pollutant", modifying the notification period for initial equipment start-up to 

improve tracking of new/modified equipment and testing, and clarifying de minimis permit air 

quality analysis requirements.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Additional Information on this rulemaking.

Rulemakings on Public Notice - DNR Page 1 of 3

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 5/28/2013
Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-5.570 (amendment) Control of Sulfur Emissions From Stationary Boilers

This proposed amendment will clarify that the brewery sulfur dioxide (SO2) emission limit applies 

only to the total SO2 emissions from applicable units within an installation and not the total SO2e 

missions from the entire brewery installation. This rulemaking will also remove definitions in this 

rule that can be found in 10 CSR 10-6.020 Definitions and Common Reference Tables.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Additional Information on this rulemaking.

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-6.345 (rescission) Control of NOx Emissions From Upwind Sources 

This is a proposed rescission of an expired rule. Subsection (1)(C) states this rule will expire five

years from the December 30, 2006 effective date. The five-year period ended on December 30, 

2011.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Additional Information on this rulemaking.

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-6.400 (amendment) Restriction of Emission of Particulate Matter From Industrial 

Processes

This proposed amendment will add a hierarchy of various compliance methods, providing options 

for demonstrating compliance in addition to stack tests, and clarify that this rule limits filterable 

particulate matter only. This rulemaking will also remove definitions in this rule that can be 

found in 10 CSR 10-6.020 Definitions and Common Reference Tables.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Additional Information on this rulemaking.

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-6.110 (amendment) Reporting Emission Data, Emission Fees, and Process 

Information

Rulemakings on Public Notice - DNR Page 2 of 3

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 5/28/2013
This proposed amendment will reference the applicable year(s) for the emission fee requirement 

to meet section 643.079 of the Revised Statutes of Missouri which requires emission fees to be set 

at least every three (3) years by rule. There will be no change to the fees at this time. This 

rulemaking also proposes to better reflect information required in emission reports and clarifies 

the types and frequency of reports to be submitted to the department’s Air Pollution Control 

Program for Emissions Inventory Questionnaire purposes, including a revision to Table 4. This 

rulemaking will also remove definitions in this rule that can be found in 10 CSR 10-6.020 

Definitions and Common Reference Tables.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Additional Information on this rulemaking.

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-6.390 (amendment) Control of NOx Emissions From Large Stationary Internal

Combustion Engines

This proposed amendment will correct the words “a kiln” to “an engine” found in subsection (3)

(F). This rulemaking will also remove definitions in this rule that can be found in 10 CSR 10-6.020 

Definitions and Common Reference Tables. 

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Additional Information on this rulemaking.

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

Submit written comments about any rule development to:

Chief, Air Quality Planning Section 

Missouri Department of Natural Resources 

Air Pollution Control Program 

P.O. Box 176 

Jefferson City, MO 65102-0176

Back to top

Rulemakings on Public Notice - DNR Page 3 of 3

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 5/28/2013
1

Bechtel, Cheri

From: Missouri DNR <MODNR@public.govdelivery.com>

Sent: Friday, May 24, 2013 2:45 PM

To: Bechtel, Cheri

Subject: Courtesy Copy: Public Hearing Notice

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

This bulletin was sent to the following groups of people:

Subscribers of Air Public Notices (459 recipients) 

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

MISSOURI AIR CONSERVATION COMMISSION 

WILL HOLD PUBLIC HEARING 

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

Thursday, June 27, 2013 beginning at 9 a.m. at the Sheraton St. Louis City Center, 400 South 14th Street, 

Colonnade Salon D, St. Louis, Missouri. The commission will hear testimony related to the following 

proposed action(s): 

* 10 CSR 10-6.040 (amendment) Reference Methods 

 

* Missouri State Implementation Plan Revision - Modification to the Attainment Demonstration for the 

2008 Lead National Ambient Air Quality Standard - Buick/Viburnum Trend Nonattainment Area 

 

If the Commission adopts the action(s), it will be the Department’s intention to submit the action(s) to the 

U.S. Environmental Protection Agency to be included in Missouri’s State Implementation Plan unless 

otherwise noted above. 

 

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

Resources, Air Pollution Control Program, 1659 East Elm Street, Jefferson City, Missouri, (573) 751-4817, 

and in the Public Notices section of the program web site http://dnr.mo.gov/env/apcp/public-notices.htm. This 

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

 

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

send written comments to Chief, Air Quality Planning Section, Air Pollution Control Program, P.O. Box 176, 

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

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

 

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

Commission, Missouri Department of Natural Resources, Air Pollution Control Program, P.O. Box 176, 
2

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

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

secretary at the time of the public hearing. 

 

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

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

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

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

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

 

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

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

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

This service is provided to you at no charge by Missouri DNR. 
 PUBLIC HEARING 6/27/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 1

1 MISSOURI DEPARTMENT OF NATURAL RESOURCES

2

3

4

5

6 MISSOURI AIR CONSERVATION COMMISSION MEETING

7

8 PUBLIC HEARING

9

 June 27, 2013

10 9:00 A.M.

11

12

 Sheraton St. Louis City Center

13 St. Louis, Missouri

14

15 TRANSCRIPT OF PROCEEDINGS

16

17 

18

19

20

21

22

23

24

25
 PUBLIC HEARING 6/27/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 3

1 CHAIRMAN BAKER: I call the public hearing to 

2 order. The hearing will come to order. Let the record 

3 show the following Commissioners are present: Jack 

4 Baker, Mark Garnett, Gary Pendergrass, and David 

5 Zimmermann.

6 The Air Conservation Commission of the State 

7 of Missouri has called this public hearing pursuant to 

8 Section 643.070, Revised Statutes of Missouri; EPA 

9 promulgated rule 40 CFR 51.102, for the purpose of 

10 hearing testimony relating to:

11 10CSR 10-6.040 (Amendment) Reference Methods

12 Missouri State Implementation Plan - 

13 Modification to the Attainment Demonstration for

14 the 2008 Lead NAAQS for the Buick/Viburnum Trend 

15 Lead Nonattainment Area.

16 The hearing record will close at 5:00 P.M. on 

17 July 4, 2013. Anyone who has not been scheduled to 

18 appear, but who wishes to be heard, should indicate that 

19 you wish to speak on the sign-in sheets available at the 

20 door.

21 Section 643.100 of the Missouri Statutes 

22 provides that all oral testimony be given under oath. 

23 Accordingly, when you are called to testify, please 

24 present yourself to the court reporter first to be sworn 

25 in.
 PUBLIC HEARING 6/27/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 5

1 St. Louis County and Springfield local air pollution 

2 control agencies; Illinois, Kansas and other surrounding 

3 states; and the U.S. Environmental Protection Agency of 

4 this public hearing.

5 Chairman, this concludes my testimony.

6 CHAIRMAN BAKER: Thank you. Mr. Paul Meyers.

7 ===============================

8 MR. MEYERS: Good morning, Commissioners. My 

9 name is Paul Meyers and I work as an Environmental 

10 Specialist with the Air Pollution Control Program located 

11 at 1659 East Elm Street in Jefferson City, Missouri. I 

12 am here today to present testimony on a proposed 

13 amendment to 10 CSR 10-6.040, Reference Methods. The 

14 rule text can be found beginning on Page 73 of your 

15 briefing document.

16 This proposed amendment will update the 

17 incorporation by reference in Section (4) to include the 

18 latest Federal Register promulgation dates. Recent 

19 Federal Register Notices add Federal Equivalency Methods 

20 for ambient monitoring of nitrogen dioxide and fine 

21 particulate matter; and two Federal Equivalency Methods 

22 for laboratory analysis of lead. 

23 Adding the latest Federal Register 

24 promulgation dates to this rule will allow the latest 

25 Federal Equivalency Methods to be used to meet state 
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

PROPOSED AMENDMENT

10 CSR 10-6.040 Reference Methods. The commission proposes to

amend sections (1) through (5) and sections (7) and (8). If the commission adopts this rule action, it will be the department’s intention

to submit this rule amendment to the U.S. Environmental Protection

Agency to replace the current rule that is in the Missouri State

Implementation Plan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri

Department of Natural Resources’ Air Pollution Control Program at

the address listed in the Notice of Public Hearing at the end of this

rule. More information concerning this rulemaking can be found at

the Missouri Department of Natural Resources’ Environmental

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

PURPOSE: This rule provides reference methods for determining

data and information necessary for the enforcement of air pollution

control regulations throughout Missouri. This amendment updates

the incorporation by reference in section (4) to include the latest

Federal Register promulgation dates. Recent Federal Register

Notices add Federal Equivalency Methods (FEMs) for ambient monitoring of nitrogen dioxide and fine particulate matter; and two (2)

FEMs for laboratory analysis of lead. Adding the latest Federal

Register promulgation dates to this rule will allow the latest FEMs to

be used to meet state requirements. The ASTM Methods for determining parameters such as fuel sulfur and heat content are also being

updated to the latest versions available. Any source that emits nitrogen dioxide, lead, or fine particulate matter or relies on any of the

ASTM methods being updated with this rulemaking could be affected. The evidence supporting the need for this proposed rulemaking,

per 536.016, RSMo, is a rule comment form dated June 6, 2012,

from Missouri Department of Natural Resources staff noting new federal equivalency methods promulgated in a Federal Register Notice

77 FR 32632, dated June 1, 2012.

(1) The percent sulfur in solid fuels shall be determined as specified

by American Society of Testing and Materials (ASTM) [Method

D(3177-75) Total Sulfur in the Analysis Sample of Coal and

Coke.] D4239 - 12 Standard Test Method for Sulfur in the Analysis

Sample of Coal and Coke Using High Temperature Tube Furnace

Combustion, as approved and published February 1, 2012. This

standard is incorporated by reference in this rule, as published

by American Society for Testing and Materials (ASTM)

International, 100 Barr Harbor Drive, PO Box C700, West

Conshohocken, PA 19428-2959. This rule does not incorporate

any subsequent amendments or additions.

(2) The heat content or higher heating value (HHV) of solid fuels

shall be determined by use of the Adiabatic Bomb Calorimeter as

specified by ASTM [Method D(2015-66) Gross Calorific Value

of Solid Fuel by the Adiabatic Bomb Calorimeter.] D5865 - 12

Standard Test Method for Gross Calorific Value of Coal and Coke,

as approved and published December 1, 2012. This standard is

incorporated by reference in this rule, as published by American

Society for Testing and Materials (ASTM) International, 100

Barr Harbor Drive, PO Box C700, West Conshohocken, PA

19428-2959. This rule does not incorporate any subsequent

amendments or additions. 

(3) The heat content or HHV of liquid hydrocarbons shall be determined as specified by ASTM [Method D(240-64) Heat of

Combustion of Liquid Hydrocarbon by Bomb Calorimeter.]

D240 - 09 Standard Test Method for Heat of Combustion of Liquid

Hydrocarbon Fuels by Bomb Calorimeter, as approved and published July 1, 2009. This standard is incorporated by reference in

this rule, as published by American Society for Testing and

Materials (ASTM) International, 100 Barr Harbor Drive, PO

Box C700, West Conshohocken, PA 19428-2959. This rule does

not incorporate any subsequent amendments or additions.

(4) The methods for determining the concentrations of the following air contaminants in the ambient air shall be as specified in 40

CFR 50, Appendices A–R or equivalent methods as specified in 40

CFR 53. The provisions of 40 CFR [part] 50, Appendices A–R and

40 CFR [part] 53, promulgated as of [June 30, 2008] July 1,

2012, and Federal Register Notice [73 FR 67051–67062] 77 FR

55832-55834, promulgated [November 12, 2008] September 11,

2012, shall apply and are hereby incorporated by reference in this

689

Proposed Rules

Proposed Amendment Text Reminder:

Boldface text indicates new matter.

[Bracketed text indicates matter being deleted.]

Under this heading will appear the text of proposed rules

and changes. The notice of proposed rulemaking is

required to contain an explanation of any new rule or any

change in an existing rule and the reasons therefor. This is set

out in the Purpose section with each rule. Also required is a

citation to the legal authority to make rules. This appears following the text of the rule, after the word “Authority.”

Entirely new rules are printed without any special symbology under the heading of proposed rule. If an existing

rule is to be amended or rescinded, it will have a heading of

proposed amendment or proposed rescission. Rules which

are proposed to be amended will have new matter printed in

boldface type and matter to be deleted placed in brackets.

An important function of the Missouri Register is to solicit

and encourage public participation in the rulemaking

process. The law provides that for every proposed rule,

amendment, or rescission there must be a notice that anyone

may comment on the proposed action. This comment may

take different forms.

I

f an agency is required by statute to hold a public hearing

before making any new rules, then a Notice of Public

Hearing will appear following the text of the rule. Hearing

dates must be at least thirty (30) days after publication of the

notice in the Missouri Register. If no hearing is planned or

required, the agency must give a Notice to Submit

Comments. This allows anyone to file statements in support

of or in opposition to the proposed action with the agency

within a specified time, no less than thirty (30) days after publication of the notice in the Missouri Register. 

An agency may hold a public hearing on a rule eventhough not required by law to hold one. If an agency

allows comments to be received following the hearing date,

the close of comments date will be used as the beginning day

in the ninety- (90-) day-count necessary for the filing of the

order of rulemaking.

I

f an agency decides to hold a public hearing after planning

not to, it must withdraw the earlier notice and file a new

notice of proposed rulemaking and schedule a hearing for a

date not less than thirty (30) days from the date of publication

of the new notice.

MISSOURI

REGISTER

May 1, 2013

Vol. 38, No. 9
rule, as published by the Office of the Federal Register, U.S.

National Archives and Records, 700 Pennsylvania Avenue NW,

Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions. [The methods for determining

the concentrations of the following air contaminants in the

ambient air shall be as specified in 40 CFR part 50,

Appendices A–R or equivalent methods as specified in 40

CFR part 53:]

(A) The concentration of sulfur dioxide shall be determined as

specified in 40 CFR [part] 50, Appendix A—Reference Method for

the Determination of Sulfur Dioxide in the Atmosphere

(Pararosaniline Method) or an equivalent method as approved by 40

CFR [part] 53[;].

(B) The concentration of total suspended particulate shall be determined as specified in 40 CFR [part] 50, Appendix B—Reference

Method for the Determination of Suspended Particulates in the

Atmosphere (High Volume Method)[;].

(C) The concentration of carbon monoxide in the ambient air shall

be determined as specified in 40 CFR [part] 50, Appendix C—

Measurement Principle and Calibration Procedure for the

Continuous Measurement of Carbon Monoxide in the Atmosphere

(Non-Dispersive Infrared Spectrometry) or equivalent methods as

approved by 40 CFR [part] 53[;].

(D) The concentration of photochemical oxidants (ozone) in the

ambient air shall be determined as specified in 40 CFR [part] 50,

Appendix D—Measurement Principle and Calibration Procedure for

the Measurement of Ozone in the Atmosphere or equivalent methods

as approved by 40 CFR [part] 53[;].

(F) The concentration of nitrogen dioxide in the ambient air shall

be determined as specified in 40 CFR [part] 50, Appendix F—

Measurement Principle and Calibration Procedure for the

Measurement of Nitrogen Dioxide in the Atmosphere (Gas Phase

Chemiluminescence) or equivalent methods as approved by 40 CFR

[part] 53[;].

(G) The concentration of lead in the ambient air shall be determined as specified in 40 CFR [part] 50, Appendix G—Reference

Method for the Determination of Lead in Suspended Particulate

Matter Collected From Ambient Air or in 40 CFR [part] 50,

Appendix Q—Reference Method for the Determination of Lead in

Particulate Matter as PM10 Collected From Ambient Air or equivalent methods as approved by 40 CFR [part] 53[;].

(H) Compliance with the one (1) hour ozone standard shall be

determined as specified in 40 CFR [part] 50, Appendix H—

Interpretation of the National Ambient Air Quality Standards for

Ozone[;].

(I) Compliance with the eight (8) hour ozone standards shall be

determined as specified in 40 CFR [part] 50, Appendix I—

Interpretation of the 8-Hour Primary and Secondary National

Ambient Air Quality Standards for Ozone[;].

(J) The concentration of particulate matter 10 micron (PM10) in

the ambient air shall be determined as specified in 40 CFR [part]

50, Appendix J—Reference Method for the Determination of

Particulate Matter as PM10 in the Atmosphere, or an equivalent

method as approved in 40 CFR [part] 53[;].

(K) Compliance with particulate matter 10 PM10 standards shall

be determined as specified in 40 CFR [part] 50, Appendix K—

Interpretation of the National Ambient Air Quality Standards for

Particulate Matter[;].

(L) The concentration of particulate matter 2.5 micron (PM2.5) in

the ambient air shall be determined as specified in 40 CFR [part]

50, Appendix L—Reference Method for the Determination of Fine

Particulate Matter as PM2.5 in the Atmosphere, or an equivalent

method as approved in 40 CFR [part] 53[;].

(M) Compliance with particulate matter 2.5 (PM2.5) standards

shall be determined as specified in 40 CFR [part] 50, Appendix N—

Interpretation of the National Ambient Air Quality Standards for

Particulate Matter[;].

(N) Compliance with the eight (8)-hour ozone standards shall be

determined as specified in 40 CFR [part] 50, Appendix P—

Interpretation of the Primary and Secondary National Ambient Air

Quality Standards for Ozone[; and].

(O) Compliance with the lead standards shall be determined as

specified in 40 CFR [Part] 50, Appendix R—Interpretation of the

National Ambient Air Quality Standards for Lead.

(5) The concentration of hydrogen sulfide (H2S) in the ambient air

shall be determined by scrubbing all sulfur dioxide (SO2) present in

the sample and then converting each molecule of H2S to SO2 with a

thermal converter so that the resulting SO2 is detected by an analyzer as specified in 40 CFR [part] 50, Appendix A—Reference Method

for the Determination of Sulfur Dioxide in the Atmosphere

(Pararosaniline Method) or an equivalent method approved by 40

CFR [part] 53, in which case the calibration gas used must be

National Institute of Standards and Technology traceable H2S gas.

(7) The percent sulfur in liquid hydrocarbons shall be determined as

specified by ASTM [D(2622-98), Sulfur in Petroleum Products

by X-Ray Fluorescence Spectrometry.] D2622 - 10 Standard

Test Method for Sulfur in Petroleum Products by Wavelength

Dispersive X-ray Fluorescence Spectrometry, as approved and

published February 15, 2010. This standard is incorporated by

reference in this rule, as published by American Society for

Testing and Materials (ASTM) International, 100 Barr Harbor

Drive, PO Box C700, West Conshohocken, PA 19428-2959. This

rule does not incorporate any subsequent amendments or additions.

(8) The amount of solvent present in earth filters and distillation

wastes shall be determined as specified by ASTM [Method D(322-

67), Standard Test Method for Gasoline Diluent in Used

Gasoline Engine Oils by Distillation.] D322 - 97(2012) Standard

Test Method for Gasoline Diluent in Used Gasoline Engine Oils by

Distillation, as approved and published November 1, 2012. This

standard is incorporated by reference in this rule, as published

by American Society for Testing and Materials (ASTM)

International, 100 Barr Harbor Drive, PO Box C700, West

Conshohocken, PA 19428-2959. This rule does not incorporate

any subsequent amendments or additions.

AUTHORITY: section 643.050, RSMo [2000] Supp. 2012. Original

rule filed Aug. 16, 1977, effective Feb. 11, 1978. For intervening history, please consult the Code of State Regulations. Amended: Filed

March 18, 2013.

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

in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin at

9:00 a.m., June 27, 2013. The public hearing will be held at the

Sheraton St. Louis City Center, Colonnade Salon D, 400 South 14th

Street, St. Louis, Missouri. Opportunity to be heard at the hearing

shall be afforded any interested person. Interested persons, whether

or not heard, may submit a written or email statement of their views

until 5:00 p.m., July 5, 2013. Written comments shall be sent to

Chief, Air Quality Planning Section, Missouri Department of Natural

Resources’ Air Pollution Control Program, PO Box 176, Jefferson

City, MO 65102-0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.

Page 690 Proposed Rules

May 1, 2013

Vol. 38, No. 9
October 1, 2013

Vol. 38, No. 19

taken by falconers must be included within these limits; and

2. Ducks, mergansers, and coots may be taken from sunrise to

sunset from September 7, 2013, through September 22, 2013,

statewide, and from one-half (1/2) hour before sunrise to sunset as

follows: in the North Zone, October 19, 2013, through October 20,

2013, October 26, 2013, through December 24, 2013, and February

10, 2014, through March 10, 2014; in the Middle Zone, October 26,

2013, through October 27, 2013, November 2, 2013, through

December 31, 2013, and February 10, 2014, through March 10,

2014; and, in the South Zone, November 23, 2013, through

November 24, 2013, November 28, 2013, through January 26, 2014,

and February 10, 2014, through March 10, 2014. Daily limit: three

(3) birds singly or in the aggregate, including doves; possession

limit: nine (9) birds singly or in the aggregate, including doves.

SUMMARY OF PUBLIC COMMENTS: Seasons and limits are

exempted from the requirement of filing as a proposed amendment

under section 536.021, RSMo.

This amendment was filed August 16, 2013, becomes effective

September 1, 2013.

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 Supp. 2012, the commission amends a rule as follows:

10 CSR 10-6.040 is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on May 1, 2013

(38 MoReg 689–690). Those sections with changes are reprinted

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

after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: The Missouri Department of

Natural Resources’ Air Pollution Control Program received two (2)

comments from one (1) source: the U.S. Environmental Protection

Agency (EPA).

COMMENT #1: EPA suggested that references to photochemical

oxidants be removed and the term ozone be used in these cases.

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, rule text in subsection (4)(D) has been changed to

refer only to ozone for clarification.

COMMENT #2: EPA noted that titles of some of the methods listed

in the rule do not exactly match the EPA titles for the same methods

and suggested that the method titles be amended to match.

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, method titles in subsections (4)(B), (4)(C), (4)(H),

and (4)(M) have been changed for consistency with EPA method

titles.

10 CSR 10-6.040 Reference Methods

(4) The methods for determining the concentrations of the following

air contaminants in the ambient air shall be as specified in 40 CFR

50, Appendices A–R or equivalent methods as specified in 40 CFR

53. The provisions of 40 CFR 50, Appendices A–R and 40 CFR 53,

promulgated as of July 1, 2012, and Federal Register Notice 77 FR

55832-55834, promulgated September 11, 2012, shall apply and are

hereby incorporated by reference in this rule, as published by the

Office of the Federal Register, U.S. National Archives and Records,

700 Pennsylvania Avenue NW, Washington, DC 20408. This rule

does not incorporate any subsequent amendments or additions.

(B) The concentration of total suspended particulate shall be determined as specified in 40 CFR 50, Appendix B—Reference Method

for the Determination of Suspended Particulate Matter in the

Atmosphere (High-Volume Method).

(C) The concentration of carbon monoxide in the ambient air shall

be determined as specified in 40 CFR 50, Appendix C—

Measurement Principle and Calibration Procedure for the

Measurement of Carbon Monoxide in the Atmosphere (NonDispersive Infrared Photometry) or equivalent methods as approved

by 40 CFR 53.

(D) The concentration of ozone in the ambient air shall be determined as specified in 40 CFR 50, Appendix D—Measurement

Principle and Calibration Procedure for the Measurement of Ozone

in the Atmosphere or equivalent methods as approved by 40 CFR 53.

(H) Compliance with the one (1) hour ozone standard shall be

determined as specified in 40 CFR 50, Appendix H—Interpretation

of the 1-Hour Primary and Secondary National Ambient Air Quality

Standards for Ozone.

(M) Compliance with particulate matter 2.5 (PM2.5) standards

shall be determined as specified in 40 CFR 50, Appendix N—

Interpretation of the National Ambient Air Quality Standards for

PM2.5.

Title 11—DEPARTMENT OF PUBLIC SAFETY

Division 45—Missouri Gaming Commission

Chapter 8—Accounting Records and Procedures; Audits

ORDER OF RULEMAKING

By the authority vested in the Missouri Gaming Commission (MGC)

under section 313.805, RSMo Supp. 2012, the commission amends

a rule as follows:

11 CSR 45-8.010 Definition of Licensee is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on May 1, 2013

(38 MoReg 691). No changes have been made to the text of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code

of State Regulations. 

SUMMARY OF COMMENTS: A public hearing was held on this

proposed amendment on June 12, 2013. No one commented at the

public hearing. No written comments were received.

Title 11—DEPARTMENT OF PUBLIC SAFETY

Division 45—Missouri Gaming Commission

Chapter 8—Accounting Records and Procedures; Audits

ORDER OF RULEMAKING

By the authority vested in the Missouri Gaming Commission (MGC)

under section 313.805, RSMo Supp. 2012, the commission amends

a rule as follows:

11 CSR 45-8.060 Audits is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on May 1, 2013

Page 1562 Orders of Rulemaking
10 CSR 10-6.040 Reference Methods 

(1) The percent sulfur in solid fuels shall be determined as 

specified by American Society of Testing and Materials (ASTM)

Method D(3177-75) Total Sulfur in the Analysis Sample of Coal 

and Coke. D4239 - 12 Standard Test Method for Sulfur in the 

Analysis Sample of Coal and Coke Using High Temperature Tube 

Furnace Combustion, as approved and published February 1, 2012. 

This standard is incorporated by reference in this rule, as 

published by American Society for Testing and Materials (ASTM) 

International, 100 Barr Harbor Drive, PO Box C700, West 

Conshohocken, PA 19428-2959. This rule does not incorporate any 

subsequent amendments or additions. 

(2) The heat content or higher heating value (HHV) of solid 

fuels shall be determined by use of the Adiabatic Bomb 

Calorimeter as specified by ASTM Method D(2015-66) Gross 

Calorific Value of Solid Fuel by the Adiabatic Bomb Calorimeter.

D5865 - 12 Standard Test Method for Gross Calorific Value of 

Coal and Coke, as approved and published December 1, 2012. This 

standard is incorporated by reference in this rule, as published 

by American Society for Testing and Materials (ASTM) 

International, 100 Barr Harbor Drive, PO Box C700, West 

Conshohocken, PA 19428-2959. This rule does not incorporate any 

subsequent amendments or additions.

(3) The heat content or HHV of liquid hydrocarbons shall be 

determined as specified by ASTM Method D(240-64) Heat of 

Combustion of Liquid Hydrocarbon by Bomb Calorimeter. D240 - 09 

Standard Test Method for Heat of Combustion of Liquid 

Hydrocarbon Fuels by Bomb Calorimeter, as approved and published 

July 1, 2009. This standard is incorporated by reference in 

this rule, as published by American Society for Testing and 

Materials (ASTM) International, 100 Barr Harbor Drive, PO Box 

C700, West Conshohocken, PA 19428-2959. This rule does not 

incorporate any subsequent amendments or additions.

(4) The methods for determining the concentrations of the 

following air contaminants in the ambient air shall be as 

specified in 40 CFR 50, Appendices A–R or equivalent methods as 

specified in 40 CFR 53. The provisions of 40 CFR part 50, 

Appendices A–R and 40 CFR part 53, promulgated as of June 30, 

2008July 1, 2012, and Federal Register Notice 73 FR 67051–

6706277 FR 55832-55834, promulgated November 12, 2008September 

11, 2012, shall apply and are hereby incorporated by reference 

in this rule, as published by the Office of the Federal 
10 CSR 10-6.040 

2 

Register, U.S. National Archives and Records, 700 Pennsylvania 

Avenue NW, Washington, DC 20408. This rule does not incorporate 

any subsequent amendments or additions. The methods for 

determining the concentrations of the following air contaminants 

in the ambient air shall be as specified in 40 CFR part 50, 

Appendices A–R or equivalent methods as specified in 40 CFR part 

53; 

 (A) The concentration of sulfur dioxide shall be determined 

as specified in 40 CFR part 50, Appendix A—Reference Method for 

the Determination of Sulfur Dioxide in the Atmosphere 

(Pararosaniline Method) or an equivalent method as approved by 

40 CFR part 53;.

 (B) The concentration of total suspended particulate shall 

be determined as specified in 40 CFR part 50, Appendix B—

Reference Method for the Determination of Suspended Particulates 

Particulate Matter in the Atmosphere (High- Volume Method);.

 (C) The concentration of carbon monoxide in the ambient air 

shall be determined as specified in 40 CFR part 50, Appendix C—

Measurement Principle and Calibration Procedure for the 

Continuous Measurement of Carbon Monoxide in the Atmosphere 

(Non-Dispersive Infrared SpectrometryPhotometry) or equivalent 

methods as approved by 40 CFR part 53;.

 (D) The concentration of photochemical oxidants (ozone) 

ozone in the ambient air shall be determined as specified in 40 

CFR part 50, Appendix D—Measurement Principle and Calibration 

Procedure for the Measurement of Ozone in the Atmosphere or 

equivalent methods as approved by 40 CFR part 53;.

 (E) Reserved

 (F) The concentration of nitrogen dioxide in the ambient air 

shall be determined as specified in 40 CFR part 50, Appendix F—

Measurement Principle and Calibration Procedure for the 

Measurement of Nitrogen Dioxide in the Atmosphere (Gas Phase 

Chemiluminescence) or equivalent methods as approved by 

40 CFR part 53;.

 (G) The concentration of lead in the ambient air shall be 

determined as specified in 40 CFR part 50, Appendix G—Reference 

Method for the Determination of Lead in Suspended Particulate 

Matter Collected From Ambient Air or in 40 CFR part 50, Appendix 

Q—Reference Method for the Determination of Lead in Particulate 
10 CSR 10-6.040

3 

Matter as PM10 Collected From Ambient Air or equivalent methods 

as approved by 40 CFR part 53;.

 (H) Compliance with the one (1) hour ozone standard shall be 

determined as specified in 40 CFR part 50, Appendix H—

Interpretation of the 1-Hour Primary and Secondary National 

Ambient Air Quality Standards for Ozone;.

 (I) Compliance with the eight (8) hour ozone standards shall 

be determined as specified in 40 CFR part 50, Appendix I—

Interpretation of the 8-Hour Primary and Secondary National 

Ambient Air Quality Standards for Ozone;.

 (J) The concentration of particulate matter 10 micron (PM10) 

in the ambient air shall be determined as specified in 40 CFR 

part 50, Appendix J—Reference Method for the Determination of 

Particulate Matter as PM10 in the Atmosphere, or an equivalent 

method as approved in 40 CFR part 53;.

 (K) Compliance with particulate matter 10 PM10 standards 

shall be determined as specified in 40 CFR part 50, Appendix K—

Interpretation of the National Ambient Air Quality Standards for 

Particulate Matter;.

 (L) The concentration of particulate matter 2.5 micron 

(PM2.5) in the ambient air shall be determined as specified in 

40 CFR part 50, Appendix L—Reference Method for the 

Determination of Fine Particulate Matter as PM2.5 in the 

Atmosphere, or an equivalent method as approved in 40 CFR 

part 53;.

 (M) Compliance with particulate matter 2.5 (PM2.5) standards 

shall be determined as specified in 40 CFR part 50, Appendix N—

Interpretation of the National Ambient Air Quality Standards for

Particulate Matter;PM2.5.

(N) Compliance with the eight (8)-hour ozone standards shall 

be determined as specified in 40 CFR part 50, Appendix P—

Interpretation of the Primary and Secondary National Ambient Air 

Quality Standards for Ozone; and.

 (O) Compliance with the lead standards shall be determined 

as specified in 40 CFR Part 50, Appendix R—Interpretation of the 

National Ambient Air Quality Standards for Lead.
10 CSR 10-6.040 

4 

(5) The concentration of hydrogen sulfide (H2S) in the ambient 

air shall be determined by scrubbing all sulfur dioxide (SO2) 

present in the sample and then converting each molecule of H2S to 

SO2 with a thermal converter so that the resulting SO2 is 

detected by an analyzer as specified in 40 CFR part 50, 

Appendix A—Reference Method for the Determination of Sulfur 

Dioxide in the Atmosphere (Pararosaniline Method) or an 

equivalent method approved by 40 CFR part 53, in which case the 

calibration gas used must be National Institute of Standards and 

Technology traceable H2S gas. 

(6) The concentration of sulfuric acid mist in the ambient air 

shall be determined as specified in the Compendium Method 

IO-4-2, Determination of Reactive Acidic and Basic Gases and 

Strong Acidity of Fine-Particles (<2.5 μm), Center for 

Environmental Research Information, Office of Research and 

Development, U.S. Environmental Protection Agency, Cincinnati, 

OH 45268, EPA/625/R-96/010a. 

 (A) The concentration of total sulfur shall be determined as 

specified in section (4) of this rule by sampling for sulfur 

dioxide without removing other sulfur compound interferences. 

 (B) The concentration of sulfur dioxide shall be determined 

as specified by section (4) of this rule. 

 (C) The concentration of hydrogen sulfide shall be 

determined as specified by section (5) of this rule. 

(7) The percent sulfur in liquid hydrocarbons shall be 

determined as specified by ASTM D(2622-98), Sulfur in Petroleum 

Products by X-Ray Fluorescence Spectrometry. D2622 - 10 Standard 

Test Method for Sulfur in Petroleum Products by Wavelength 

Dispersive X-ray Fluorescence Spectrometry, as approved and 

published February 15, 2010. This standard is incorporated by 

reference in this rule, as published by American Society for 

Testing and Materials (ASTM) International, 100 Barr Harbor 

Drive, PO Box C700, West Conshohocken, PA 19428-2959. This rule 

does not incorporate any subsequent amendments or additions.

(8) The amount of solvent present in earth filters and 

distillation wastes shall be determined as specified by 

ASTM Method D(322-67), Standard Test Method for Gasoline Diluent 

in Used Gasoline Engine Oils by Distillation. D322 - 97(2012) 

Standard Test Method for Gasoline Diluent in Used Gasoline 

Engine Oils by Distillation, as approved and published November 
10 CSR 10-6.040

5 

1, 2012. This standard is incorporated by reference in this 

rule, as published by American Society for Testing and Materials 

(ASTM) International, 100 Barr Harbor Drive, PO Box C700, West 

Conshohocken, PA 19428-2959. This rule does not incorporate any 

subsequent amendments or additions.