. ', ,) 

# ,

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

# K~~r~~~ Director

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**I..L-l (l.** **b. ~---'** **,----" .6**  

# ..............**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 th e end of the proposed rulemaking under the Notice of Public Hearing an d 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 upda te the incorporation by referenc e in section (4) to include the latest Federal Register promulgation dates. Recent Federal Register Notices add Federal Equivalency Methods (FEMs) for ambient monitori ng of nitrogen dioxide and fine particulate matter; and two FEMs for labo ratory analysis of lead. Adding the latest Federal Register promulgation dates to this rule will allow the late st 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 in corporate by reference the U. S. Environmental Protection Agency's (EPA's) revisions to plantwide applicab ility 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 retainin g the current GHG permitting th resholds, ensuring that GHG permitting requirements continue to apply to large sources only. The rulemaking will also remove the EPA’s grandfather provision that allowed certai n sources to use coarse particulate matter as a surrogate for fine particulate matter duri ng the transition to PM2.5 permitting. This administrative change which will update the in corporation 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 notifica tion 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. Pa g e 1 of 3 Rulemakin g s on Public Notice - DNR

5/28/2013 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm

### Submit comments now Submit written comments Comments about this rulemaking will be acce pted through close of business June 6, 2013. 10 CSR 10-5.570 (amendment) Control of Sulf ur Emissions From Stationary Boilers This proposed amendment will clar ify that the brewery sulfur diox ide (SO2) emission limit applies only to the total SO2 emissions from applicable un its 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 Particulat e Matter From Industrial Processes This proposed amendment will add a hierarchy of various compliance methods, providing options for demonstrating compliance in addi tion to stack tests, and clarify th at this rule limits filterable particulate matter only. This rulemaking will also remove de finitions 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, Emissi on Fees, and Process Information Pa g e 2 of 3 Rulemakin g s on Public Notice - DNR

5/28/2013 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm

### This proposed amendment will reference the applic able 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 inform ation required in emissi on reports and clarifies the types and freque ncy of reports to be submitted to th e department’s Air Pollution Control Program for Emissions Inventory Questionnaire purposes, including a revision to Table 4. This rulemaking will also remove definitions in th is 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 amendmen t 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 abou t any rule development to: Chief, Air Quality Planning Section Missouri Department of Natural Resources Air Pollution Control Program P.O. Box 176 Jefferson City, MO 65102-0176 Back to top Pa g e 3 of 3 Rulemakin g s on Public Notice - DNR

5/28/2013 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm1 

### Bechtel, Cheri

From: Missouri DNR <MODNR@public.govdelivery.com> Sent: Friday, May 24, 2013 2:45 PM To: Bechtel, Cheri Subject: Courtesy Copy: Public Hearing Notice



### This is a courtesy copy of an em ail bulletin sent by Cheri Bechtel.
This bulletin was sent to the following groups of people:

Subscribers of Air Public Notices (459 recipients)

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MISSOURI AIR CONSER VATION COMMISSION WILL HOLD PUBLIC HEARING JEFFERSON CITY, MO -- The Missouri Air Conser vation Commission will hol d a public hearing on Thursday, June 27, 2013 beginning at 9 a.m. at the Sher aton St. Louis City Center , 400 South 14th Street, Colonnade Salon D, St. Louis, Mi ssouri. The commission w ill hear testimony relate d to the following p roposed action(s): * 10 CSR 10-6.040 (a mendment) Reference Methods
* Missouri State Implementation Plan Revisi on - Modification to the Attain ment 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 De partment’s intention to submit the action(s) to the U.S. Environmental Protection Agency to be incl uded in Missouri’s State Implementation Plan unless otherwise noted above.
Documents for the above item(s) will be available for review at the Missour i Department of Natural Resources, Air Pollution Control Program, 1659 East Elm Street, Jefferson C ity, 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 hear ing testimony will be equally considered. Citizens wishing to speak at the public hearing should notify the secretary to th e Missouri Air Conservation Commission, Missouri Department of Natural Resour ces, Air Pollution Control Program, P.O. Box 176,2 

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

Update your subscriptions, modify your password or email address, or st op subscriptions at any time on your Subscriber Preferences Page . You will need to use your email addre ss to log in. If you have questions or p roblems with the subscription service, please contact support@govdelivery.com

. This service is provide d 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

25PUBLIC 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 stateTitle 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 toamend 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 StateImplementation 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 RegisterNotices 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 tobe used to meet state requirements. The ASTM Methods for determining parameters such as fuel sulfur and heat content are also beingupdated to the latest versions available. Any source that emits nitrogen dioxide, lead, or fine particulate matter or relies on any of theASTM 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 ref erence in this 689 

# Proposed Rules

Proposed Amendment Text Reminder: Boldface text indicates new matter

. [Bracketed text indicates matter being deleted.]



# U nder 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 acitation to the legal authority to make rules. This appears following the text of the rule, after the word “Authority.” 

# E ntirely 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. 

# A n 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 agencywithin a specified time, no less than thirty (30) days after publication of the notice in the Missouri Register

. 

# A n agency may hold a public hearing on a rule even though 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. M ISSOURI R EGISTER May 1, 2013 Vol. 38, No. 9rule, 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 PM 10 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 (PM 10 ) 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 PM 10 in the Atmosphere , or an equivalent method as approved in 40 CFR [part] 53 [;]

.

(K) Compliance with particulate matter 10 PM 10 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 (PM 2.5 ) 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 PM 2.5 in the Atmosphere , or an equivalent method as approved in 40 CFR [part] 53 [;]

.

(M) Compliance with particulate matter 2.5 (PM 2.5 ) 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 (H 2 S) in the ambient air shall be determined by scrubbing all sulfur dioxide (SO 2 ) present in the sample and then converting each molecule of H 2 S to SO 2 with a thermal converter so that the resulting SO 2 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 H 2 S 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. Thisrule 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 . Originalrule 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, JeffersonCity, MO 65102-0176. Email comments shall be sent to apcprulespn@dnr.mo.gov. 

### Page 690 Proposed Rules May 1, 2013 Vol. 38, No. 9October 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 ConservationCommission 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 theMeasurement 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 (PM 2.5 ) standards shall be determined as specified in 40 CFR 50, Appendix N— Interpretation of the National Ambient Air Quality Standards for PM 2.5 .

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, 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 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 Spectrometry Photometry ) 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 PM 10 

### 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 (PM 10 

### ) 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 PM 10 

### in the Atmosphere , or an equivalent method as approved in 40 CFR part 53 ; **.** (K) Compliance with particulate matter 10 PM 10 

### 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 (PM 2.5 

### ) 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 PM 2.5 

### in the Atmosphere , or an equivalent method as approved in 40 CFR part 53 ; **.** (M) Compliance with particulate matter 2.5 (PM 2.5 

### ) standards shall be determined as specified in 40 CFR part 50, Appendix N— Interpretation of the National Ambient Air Quality Standards for Particulate Matter ; **PM 2.5**  

### . (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 (H 2 

### S) in the ambient air shall be determined by scrubbing all sulfur dioxide (SO 2 

### ) present in the sample and then converting each molecule of H 2 

### S to SO 2 

### with a thermal converter so that the resulting SO 2 

### 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 H 2 

### S 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), S ulfur 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.**