Mr. Karl Brooks Page Two

Thank you for your attention to this matter. 

### If you have any questions regarding this submittal, please contact Wendy Vit, with the Department's Air Pollution Control Program at P.O. Box 176, Jefferson City, MO 65102 or by phone at (573) 751- 7840 or email at wendy.vit@dnr.mo.gov. Sincerely,
TION CONTROL PROGRAM

KLM:src
Enclosures: Copy of rule published in CSR Copy of commission signature page certifying Missouri Air Conservation Commission adoption Copy of technical support documentation for rule (if applicable) 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

c: Missouri Air Conservation Commission

Celebrating 40 years of taking care of Missouri's natural resources. To learn more about the Missouri Department of Natural Resources visit dnr.mo.qov.Sunshine Act. The advisory group assumes no regulatory authority. (4) Reporting and Record Keeping.

(A) Owners and operators of petroleum storage tanks subject to subsection (3)(A) of this rule shall maintain written records of maintenance (both routine and unscheduled) performed on the tanks, all repairs made, the results of all tests performed and the type and quantity of petroleum liquid stored in them. Records shall be kept for two (2) years and made available to the staff director within five (5) business days of a request.

(B) Owners or operators of loading installations subject to gasoline loading subsection (3)(B) of this rule shall keep complete records documenting the number of delivery vessels loaded and their owners. Records shall be kept for two (2) years and made available to the staff director within five (5) business days of a request.

(C) The owner or operator of stationary storage tanks subject to gasoline transfer subsection (3)(C) of this rule shall keep records documenting the vessel owners and number of delivery vessels unloaded by each owner. Records shall be kept for two (2) years and made available to the staff director within five (5) business days of a request. The owner or operator shall retain on-site copies of the loading ticket, manifest or delivery receipt for each grade of product received, subject to examination by the staff director upon request. If a delivery receipt is retained rather than a manifest or loading ticket, the delivery ticket shall bear the following information: vendor name, date of delivery, quantity ofeach grade, and the manifest or loading ticket number. The required retention on-site of the loading ticket, manifest or delivery receipt shall be limited to the four (4) most recent records for each grade of product.

(D) Owners or operators of gasoline delivery vessels subject to subsection (3)(D) of this rule shall keep records of all tests and maintenance performed on the vessels. Records shall be kept for two (2) years and made available to the staff director within five (5) business days of a request. Also a copy of the vessel’s current Tank Truck Tightness Test results shall be kept with the delivery vessel at all times and made immediately available to the staff director upon request.

(E) Initial fueling and ancillary fueling of motor vehicles subject to subsection (3)(F) ofthis rule shall keep records on-site of all selftests, self-inspections, defects found, repairs, and maintenance activities. Records shall be kept for two (2) years and made available to the staff director within five (5) business days of a request. (F) Owner/Operator Compliance. The owner or operator of a vapor recovery system subject to subsection (3)(J) of this rule shall maintain records of department permits, inspection reports, enforcement documents, training certifications, gasoline deliveries, routine and unscheduled maintenance and repairs and all results of tests conducted. Unless otherwise specified in this rule, records shall be kept for two (2) years and made available to the staff director within five (5) business days of a request. (5) Test Methods.

(A) Gasoline loading testing procedures to determine compliance with subparagraph (3)(B)2.A. of this rule shall be according to 10 CSR 10-6.030 subsection (14)(A) or by any method determined by the staff director.

(B) Gasoline delivery vessels testing andmonitoring procedures to determine compliance with subsection (3)(D) of this rule and confirm the continuing existence of leak-tight conditions shall be according to 10 CSR 10- 6.030 subsection (14)(B) or by any method determined by the staff director.

(C) Fueling of Motor Vehicles. The staffdirector, at any time, may monitor an installation subject to subsection (3)(E) of this rule. The staff director may require a leak test, a back pressure bloc kage test, an air-toliquid test, a pressure/vacuum valve test or may require any test or monitoring procedure in order to determine compliance with this rule.

(D) Delivery vessel, vapor recovery systemor gasoline loading equipment may be monitored by the staff director at any time by a method determined by the staff director to confirm continuing compliance with this rule.

(E) An annual staff director-approved back pressure bloc kage test and/or air-to-liquid test may be required. Additional testing may also be required by the staff director in order to determine proper functioning of vapor recovery equipment.

(F) Installations containing initial fueling systems and ancillary refueling systems shall allow the department to make vapor recovery inspections at any time to ensure systems are in working order and are being maintainedand operated according to permits and regulations, and manufacturer recommendations— 1. The department and local agency Stage II inspectors shall be allowed access ina timely manner. Department and local agency Stage II inspectors shall make everyattempt to avoid disrupting assembly line production. This may be done by allowing initial fueling site personnel to make repairs on the spot, or within a reasonable time frame. However, this consideration will not affect recording of defects or enforcement action; and 2. After repairs are made and notification by the plant is received, the department or local agency shall reinspect all defects found in official Stage II inspections. Failure by an installation to notify the department of repairs and request reinspection within fifteen (15) days of repair may result in enforcement action.

(G) All emission controls that are approvedby the director will not be considered federally enforceable, and will not shield a source from the federal obligation to comply with the underlying emission controls, by the EPA until submitted to EPA and approved by EPA in the state implementation plan. AUTHORITY: section 643.050, RSMo 2000.* Original rule filed March 14, 1967, effective March 24, 1967. Amended: Filed Jan. 31, 1972, effective Feb. 10, 1972. Amended: Filed Aug. 25, 1972, effective Sept. 4, 1972. Amended: Filed May 12, 1976, effective Oct. 11, 1976. Amended: Filed Aug. 16, 1977, effective Feb. 11, 1978. Amended: Filed March 13, 1980, effective Sept. 12, 1980. Amended: Filed Dec. 5, 1980, effective May 11, 1981. Amended: Filed Nov. 2, 1984, effective May 11, 1985. Amended: Filed Dec. 3, 1985, effective Oct.1, 1986. Amended: Filed Oct. 4, 1988, effective March 11, 1989. Amended: Filed Nov. 27, 1989, effective May 24, 1990. Rescindedand Readopted: Filed Aug. 15, 1994, effective April 30, 1995. Amended: Filed May 15, 1995, effective Dec. 30, 1995. Amended: Filed Jan. 16, 1996, effective Sept. 30, 1996. Amended: Filed Dec. 28, 1998, effective Aug. 30, 1999. Amended: Filed Jan. 2, 2007, effective Sept. 30, 2007. *Original authority: 643.020, RSMo 1965, amended 1972, 1992, 1993, 1995.

10 CSR 10-5.230 Circumvention (Rescinded September 28, 1990) AUTHORITY: section 203.050, RSMo 1986. Original rule filed March 14, 1967, effective March 24, 1967. Rescinded: Filed April 18, 1990, effective Sept. 28, 1990.
10 CSR 10-5.240 Additional Air Quality Control Measures May be Required When Sources Are Clustered in a Small Land Area (Rescinded July 30, 2014) AUTHORITY: section 643.050, RSMo 1994. Original rule filed March 14, 1967, effective

14 CODE OF STATE REGULATIONS (6/30/14) J ASON KANDER Secretary of State 

### 10 CSR 10-5—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission

### Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area 10 CSR 10-5

March 24, 1967. Rescinded: Filed Oct. 9, 2013, effective July 30, 2014. Op. Atty. Gen. No. 331, Shell (11-15-71)

. The Missouri Air Conservation Commission has the authority under Chapter 203, RSMo (1969) and the Constitution of Missouri to enforce without delay the provisions of Chapter 203, RSMo (1969) and standards,regulations corresponding, through administrative procedures, and injunctive relief.

10 CSR 10-5.250 Time Schedule for Compliance (Rescinded December 30, 2008) AUTHORITY: section 643.050, RSMo 1994. Original rule filed March 14, 1967, effective March 24, 1967. Amended: Filed Jan. 31, 1972, effective Feb. 10, 1972. Rescinded: Filed April 17, 2008, effective Dec. 30, 2008.
10 CSR 10-5.260 Rules for Controlling Emissions During Periods of High Air Pollution Potential (Rescinded October 11, 1984) AUTHORITY: section 203.050, RSMo 1978. Original rule filed Sept. 8, 1970, effective Sept. 18, 1970. Amended: Filed Jan. 31, 1972, effective Feb. 10, 1972. Rescinded: Filed May 11, 1984, effective Oct. 11, 1984. Op. Atty. Gen. No. 331, Shell (11-15-71)

. The Missouri Air Conservation Commission has the authority under Chapter 203, RSMo (1969), to abate pollutant emissions on an emergency basis comparable to that available under 42 U.S.C.A., Section 1857d(k).
10 CSR 10-5.270 Public Availability of Emission Data (Rescinded November 12, 1984) AUTHORITY: section 203.050, RSMo 1978. Original rule filed Aug. 25, 1972, effective Sept. 4, 1972. Rescinded: Filed June 13, 1984, effective Nov. 12, 1984. Op. Atty. Gen. No. 331, Shell (11-15-71). The Missouri Air Conservation Commission does not have any specific authority torequire the installation of emission monitoring devices but does have the authority to require reports from sources of air pollutionrelating to rate, period of emission and composition of effluent and to make the information available to the public unless any such information is “confidential” as defined by section 203.050.4, RSMo (1969).

10 CSR 10-5.280 New Source Performance Regulation (Rescinded April 11, 1980) AUTHORITY: section 203.050, RSMo 1975. Original rule filed Dec. 19, 1975, effective Dec. 29, 1975. Rescinded: Filed Dec. 10, 1979, effective April 11, 1980. Op. Atty. Gen. No. 331, Shell (11-15-71)

. The Missouri Air Conservation Commission has the authority under Chapter 203, RSMo(1969), to adopt emission control regulations, including limitations on the content offuels, which will attain and maintain national air quality standards, if the state standards are the same or more stringent.

10 CSR 10-5.290 More Restrictive Emission Limitations for Particulate Matter in the South St. Louis Area (Rescinded May 30, 2009) AUTHORITY: section 643.050, RSMo 1994. Original rule filed Feb. 27, 1978, effective Dec. 11, 1978. Amended: Filed Nov. 10, 1981, effective May 13, 1982. Amended: Filed March 14, 1985, effective Aug. 26,1985. Rescinded: Filed Aug. 21, 2008, effective May 30, 2009.

10 CSR 10-5.295 Control of Emissions From Aerospace Manufacture and Rework Facilities PURPOSE: This rulemaking will reduce volatile organic compound emissions fromaerospace manufacture and/or rework facilities located in the St. Louis nonattainment area. This rulemaking is required to comply with the Clean Air Act Amendments of 1990. PUBLISHER’S NOTE: The publication of the full text of the material that the adopting agency has incorporated by reference in thisrule would be unduly cumbersome or expensive. Therefore, the full text of that materialwill be made available to any interested person at both the Office of the Secretary of Stateand the office of the adopting agency, pursuant to section 536.031.4, RSMo. Suchmaterial will be provided at the cost established by state law. (1) Applicability. (A) This rulemaking shall apply throughout St. Louis City and Jefferson, St. Charles, Franklin, and St. Louis Counties.

(B) The requirements of this rulemaking shall apply to all aerospace manufactureand/or rework facilities with potential emissions of volatile organic compounds exceeding twenty-five (25) tons per year. (2) Definitions.

(A) Definitions of individual specialty coatings specified in this rule are incorporated by reference from 40 CFR 63 subpart GG,Appendix A, with the following modifications: 1. Mold release—A coating applied to a mold surface to prevent the mold piece from sticking to the mold as it is removed, or to an aerospace component for purposes of creating a form-in-place seal; and 2. Caulking and smoothing compound—A semi-solid material that is used to aerodynamically smooth exterior vehicle surfaces or fill cavities such as bolt hole accesses. A material shall not be classified as a caulkingand smoothing compound if it can be classified as a sealant.

(B) Aerospace manufacture and/or rework facility—Any installation that produces,reworks, or repairs in any amount any commercial, civil, or military aerospace vehicle or component.

(C) Aerospace vehicle or component—Any fabricated part, processed part, assembly of parts, or completed unit, with the exception of electronic components, of any aircraft.

(D) Antique aerospace vehicle or component—An aircraft or component thereof that was built at least thirty (30) years ago. Anantique aerospace vehicle would not routinely be in commercial or military service in the capacity for which it was designed.

(E) Aqueous cleaning solvent—A cleaningsolution in which water is the primary ingredient (greater than eighty percent (80%) by weight of cleaning solvent solution as applied must be water). Detergents, surfactants, and bioenzyme mixtures and nutrients may be combined with the water along with a variety of additives such as organic solvents (e.g.,high boiling point alcohols), builders, saponifiers, inhibitors, emulsifiers, pH buffers, and antifoaming agents. Aqueous solutions must have a flash point greater than ninety-three degrees Celsius (93 °C) (two hundred degrees Fahrenheit (200 °F)) (as reported by the manufacturer) and the solution must be miscible with water.

(F) Chemical milling maskants—A coatingthat is applied directly to aluminum components to protect surface areas when chemical milling the component with a Type I or Type
CODE OF STATE REGULATIONS 15 J ASON KANDER (6/30/14) Secretary of State

### Order of Rulemaking


### The Missouri Air Conservation Commission RESCINDS the following action on this 27th day of March, 2014:
10 CSR 10-5.240, Additional Air Quality Control Measures May be Required When Sources Are Clustered in a Small Land Area

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_______ , Chairman

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# ~~ , Vice Chairman 

### -----"'------"'-'"----------



## _______________ ,Member

_______________ ,Member

_______________ , MemberRulemakings on Public Notice

- DNR Page 1 of 2



### 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 ru l e or to submit written comments see the address below. 

### 10 CSR 10-6.010 (amendment) Ambient Air Qual.ity Standards
This proposed amendment will update the standards for ambient air quality throughout Missouri in order to reflect recent changes in the National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.5), nitrogen dioxide (N02), and sulfur dioxide (S02); reorganize the standards table for clarity; and update the rule purpose statement to more accurately reflect the rule. The Clean Air Act requires periodic reviews of the air quality criteria, the science upon which the standards are based, and the NAAQS themselves. As a result of federal review, the U.S. Environmental Protection Agency has recently updated the PM2.5, N02, and S02 NAAQS, and this rulemaking would revise these values in the state rule for consistency. Proposed Rulemaking

- Published in Dec. 16, 2013 Missouri Register Additional Information on this rulemak i ng. Submit comments now Submit written comments Comments about this rulemaking will be accepted through close of business Feb. 6, 2014. 10 CSR 10-5.240 Additional Air Quality Control Measures May be Required When Sources Are Clustered in a Small Land Area This proposed rescission will remove an outdated rule originally written in 1967, prior to the federal Clean Air Act. This rule was intended to provide the Missouri Air Conservation Commission authority to regulate particulate matter and sulfur dioxide emissions from concentrated sources in the St. Louis area. Given that section 643.050, RSMo provides the commission authority to promulgate regulations necessary to enforce the provisions of the Clean Air Act, this rule is no longer necessary. Proposed Rulemaking- Published in Nov. 15, 2013 Missouri Register.

http : //www.dnr , mo
. g o v/ e n v /<ipcp/ ru l emaking. htm 12/ 1 6/ 2 013

### Rulemakings on Public Notice

- DNR



### Additional Information on this rulemaking. Submit comments now Submit written comments Comments will be accepted through close of business February 6, 2014. 

### 10 CSR 

### 10-6. 200 Hospital, Medical, Infectious Waste Incinerators Page 2 of2



### This proposed amendment will remove language from the compliance and performance testing provisions that provide an exemption to the emission limits for hospital, medical and infectious waste incinerators (HMIWI) during start-up, shutdown or malfunction conditions. In addition, the hierarchy of definitions will clearly state that the applicable definitions in the Code of Federal Regulations take precedence over those in 10 CSR 10- 6.020 Definitions and Common Reference Tables. At the same time, EPA test method references in the state rule will be revised to match how these methods are referred to in the federal HMIWI regulations. Proposed Rulemaking

- Published in Dec. 2, 2013 Missouri Register. 

### (Since there was a lack of a quorum to have an Oct. 31, 2013, public hearing, this rulemaking was refiled and renoticed.) Additional Information on this rulemaking. Submit comments now Submit written comments Comments will be accepted through close of business February 6, 2014. 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

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

### Back to top

12/16/20131 

### Bechtel, Cheri

From: Missouri DNR <MODNR@public.govdelivery.com> Sent: Tuesday, December 24, 2013 8:33 AM To: Bungart, Renee; Archer, Larry; Beydler, Van; Lovejoy, Victoria; Moore, Kyra; Vit, Wendy; Bechtel, Cheri; Crawford, Betsy Subject: Courtesy Copy: Missouri DNR Air Public No tices Update - Missouri Air Conservation Commission Public Hearing, Jan. 30, 2014


### 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 PublicNotices (535 recipients)

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

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MISSOURI AIR CONSERVATION COMMISSION WILL HOLD PUBLIC HEARING JEFFERSON CITY, MO -- The Missouri Air Conservation Commission will hol d a public hearing on Thursday, January 30, 2014 beginning at 9 a.m. at th e Elm Street Conference Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri. The commission will hear testimony related to the fo llowing proposed action(s): * 10 CSR 10-6.200 (amendment) Hospit al, Medical, Infectious Waste Incinerators This proposed amendment will remove language from the compliance and performance testing provisions that provide an exemption to the emission limits for hospital, medical, and infectious waste incinerators (HMIWI) during start-up, shutdown, or malfunction conditions. In addition, the hierarchy of definitions will clearly state that the applicable definitions in the Code of Federal Regulations take precedence over those in 10 CSR 10-6.020 Definitions and Common Reference Tables. At the same time, EPA test method references in the state rulewill be revised to match how these methods are referred to in the federal HMIWI regulations.
The above rule action will not be submitted for inclusion in the Missouri State Implementation Plan but will be submitted for inclusion in the plan established under Clean Air Act Section 111(d) covering existing sources of noncriteria pollutants. * 10 CSR 10-5.240 (rescission) Additional Air Quality Control Measures May be Required When Sources Are Clustered in a Small Land Area2 

### This proposed rescission will remove an outdated ru le originally written in 1967, prior to the federal Clean Air Act. This rule was intended to provide the Missouri Air Conservation Commission authority to regulate particulate matter and sulfur dioxide emissions from concentrated sources in the St. Louis area. Given that section 643.050, RSMo provides the commission au thority to promulgate regulations necessary to enforce th e provisions of the Clean Air Act, this rule is no longer necessary.
The above rule action will be submitted to the U. S. Environmental Protection Agency for removal from the Missouri State Implementation Plan. * 10 CSR 10-6.010 (amendment) Ambient Air Quality Standards This proposed amendment will update the standard s for ambient air quality throughout Missouri in order to reflect recent changes in the National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM 2.5 

### ), nitrogen dioxide (NO 2 

### ), and sulfur dioxide (SO 2 

### ); reorganize the standards table for clarity; and update the rule purpose statement to more accurately reflect the rule. The Clean Air Act requires periodic reviews of the air quality criteria, the science upon which the standards are based, and the NAAQS themselves. As a result of fe deral review, the U.S. Environmental Protection Agency has recently updated the PM 2.5 

### , NO 2 

### , and SO 2

### NAAQS, and this rulemaking would revise these values in the state rule for consistency. * Missouri State Implementation PlanRevision – Supplement/Revision to the Redesignation Demonstration and Maintenance Plan for the Missouri Portion of the St. L ouis Nonattainment Area for the 1997 Annual Fine Particulate Matter National Ambient Air Quality Standard In August 2011, the Missouri Air Conservation Commission adopted the Redesignation Demonstration and Maintenance Plan for the Missouri Portion of the St. L ouis Nonattainment Area for the 1997 Annual Fine Particulate Matter National Ambient Air Quality Standard. This plan was then submitted to the U.S. Environmental Protection Agency on August 26, 2011 for inclusion in the Missouri State Implementation Plan. The Missouri Department of Natural Resources Air Pollution Control Program has developed a technical supp lement/revision to this plan. The technical supplement/revision to this plan makes corrections to the emissions inventories in cluded in the plan, includes emissions inventories and a discussion on controls for the Illinois portion of the nonattainment area, and changes the future year of the plan from 2022 to 2025. This technical supplement also establishes motor vehicle emissionsbudgets to be used in regional transportation conformity determinations for the base year ( 2008) and the future year (2025) of the plan. * Missouri State Implementation Plan Revisi on – Americold Logistics, LLC 24-Hour Particulate Matter (PM 10 

### ) National Ambient Air Quality Standard (NAAQS) Consent Judgment As required by Section 110(a) of the Clean Air Act, Missouri’s State Implementation Plan (SIP) must ensure attainment and maintenance of all National Ambient Air Quality Standards (NAAQS). The Missouri Department of Natural Resources’ Air Pollution Control Program is proposing to amend and strengthen the Missouri SIP to address violatio ns of the 24-hour coarse particulate matter (PM 10 

### ) NAAQS of 150 micrograms per cubic meter (μg/m3 

### ) near the Americold Logistics, LLC’s Carthage Crushed Limestone (CCL) facility. The SIP revision consists of a consent judgment with CCL for measures intended to reduce PM 10

### emissions at the facility, all of which are scheduled for installation and operation by March 31, 2014. * Missouri State Implementation Plan Revision – Limited Maintenance Plan For The St. Louis Nonclassifiable Maintenance Area For The 8-Hour Carbon Monoxide National Ambient Air Quality Standard (NAAQS)3 

### The initial maintenance plan for the St. Louis nonclassifiable Carbon M onoxide (CO) maintenance area ensured attainment of the CO NAAQS through 2008. Pursuant to Section 175A(b) of the Clean Air Act, the State must submit a subsequent planrevision for maintaining the standard for an additional 10 year period after the expiration of the first maintenance period. The Air Program has developed a second maintenance plan that provide s for continued attainment of the 8-hour CO NAAQS for the St. Louis area from 2008 through 2018. The plan provi des assurances that, in the event of a subsequent violation of the CO NAAQS, additional c ontrol options, called contingency measures, can quickly be implemented to prevent any future violations. In addi tion, this plan includes CO ambient air quality monitoring data from the la st seven years and an updated emission inventory for average winter day CO emi ssions in the St. Louis area. If the Commission adopts these 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 Elm Street, Jefferson City, (573) 751-4817 and in the Public Notices section of the program web site http://dnr.mo.gov/env/apcp/publicnotices.htm. This information will be available at least 30 days prior to the public hearing date. The Department will accept written or email comments for the record until 5 p.m. on February 6, 2014. 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, 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 Divisi on of Environmental Quality's toll free number at (800) 361-4827, or by writing two weeks inadvance of the meeting to: Missouri Department of Natural Resources, Air Conservation Commissi on Secretary, P.O. Box 176, Jefferson City, MO 65102. Hearing impaired persons may contact the program through Relay Missouri, (800) 735-2966.
You are subscribed to the Air Publ ic Notices topic for Missouri DNR. This information has recently been updated, and is now available at the link below. Thank you for your interest in the Air Public Notices. http://dnr.mo.gov/env/apcp/stateplanrevisions.htm

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### MISSOURI DEPARTMENT OF NATURAL RESOURCES'

AIR CONSERVATION COMMISSION MEETING PUBLIC HEARING
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OFFICES MISSOURI Springf iel d Je tre r son C it y Kansas Cify Co l umb ia Ro llo Cope G irordeo u KANSAS Ove rla nd**Po r~**  ILLIN O I S Spr i ngfie l d Champaign HEADQUARTER S: 711 North Eleventh Street, S T. Louis, Missouri 63101 

### 800.280·3376 www.midwestlitigation.comHEARING 1/30/2014

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 3 1 PROCEEDINGS 2 CHAIRMAN PENDERGRASS: The hearing will
3 come to order. Let the record show the 4 following Commissioners are present: Jack 5 Baker, Mark Garnett, Gary Pendergrass, and David
6 Zimmerman.
7 The Air Conservation Commission of the 8 State Of Missouri has called this public hearing 9 pursuant to Section 643.070, Revised Statutes of 10 Missouri; EPA promulgated rule 40 CFR 51.102, 11 for the purpose of hearing testimony related to: 12 Missouri State Implementation Plan 13 Revision - Supplement/Revision to the 14 Redesignation Demonstration and Maintenance Plan
15 for the Missouri Portion of the St. Louis
16 Nonattainment Area for the 1997 Annual Fine 17 Particulate Matter National Ambient Air Quality
18 Standard. 19 Missouri State Implementation Plan 20 Revision - Americold Logistics, LLC Particulate 21 Matter (PM10) Consent Judgment. 22 Missouri State Implementation Plan
23 Revision - Limited Maintenance Plan for the St.
24 Louis Nonclassifiable Maintenance Area for the
25 8-hour Carbon Monoxide National Ambient AirHEARING 1/30/2014

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 4 1 Quality Standard. 2 10 CSR 10-6.200 (amendment) Hospital, 3 Medical, Infectious Waste Incinerators. 4 10 CSR 10-5.240 (rescission) Additional 5 Air Quality Control Measures May be Required
6 When Sources are Clustered in a Small Land Area. 7 10 CSR 10-6.010 (amendment) Ambient Air 8 Quality Standards. 9 The hearing record will close at 5:00 10 p.m. on February 6, 2014. 11 Anyone who has not been scheduled to 12 appear, but who wishes to be heard, should 13 indicate that you wish to speak on the sign-in 14 sheets available at the door or by letting the 15 commission know by telephone after the public 16 hearing has been presented.
17 Section 643.100 of the Missouri 18 Statutes provides that all oral testimony be 19 given under oath. Accordingly, when you are 20 called to testify, please present yourself to 21 the court reporter first to be sworn in. 22 When you testify, please state your 23 name, business address and your occupation or 24 affiliation. If you have a prepared statement, 25 it will be helpful if you would provide a copyHEARING 1/30/2014

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 18 1 If the commission adopts this plan, it 2 will be the department's intention to submit 3 this plan to the EPA for inclusion in the 4 Missouri State Implementation Plan. 5 Chairman, Commissioners, that concludes 6 my testimony. If there are any questions, I 7 will be happy to answer them at this time. 8 CHAIRMAN PENDERGRASS: Any questions 9 for Emily? Okay. Thank you, Emily. 10 Anyone else wishing to speak on this 11 item? Okay. Next item is 10 CSR 10-6.200 12 (amendment) Hospital, Medical, Infectious Waste
13 Incinerators. 14 Stan Payne. 15 STAN PAYNE, 16 being first duly sworn to tell the truth, the 17 whole truth and nothing but the truth deposes 18 and says as follows: 19 MR. PAYNE: Mr. Chairman, members of 20 the Commission, my name is Stan Payne. I'm 21 employed with the Missouri Department of Natural 22 Resources' Air Pollution Control Program. I 23 work at 1659 East Elm Street in Jefferson City,
24 Missouri. 25 I'm here to present testimony for theHEARING 1/30/2014

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 19 1 proposed amendment 10 CSR 10-6.200 Hospital, 2 Medical, Infectious Waste Incinerators. The 3 rule information starts on Page 119 of the 4 briefing document. 5 The proposed rulemaking will remove 6 language from the compliance and testing 7 provisions that provide an exemption to the 8 emission limits during start-up, shutdown or 9 malfunction, known as SSM, conditions. 10 This change is precipitated by two 11 events. The first is a petition received by the 12 U.S. Environmental Protection Agency concerning 13 the treatment of excess emissions by sources 14 during SSM conditions. EPA's response to the 15 petition, published in the Federal Register on 16 February 22nd, 2013, called for revisions to the 17 state visible emission rule, and those revisions 18 are being made in the separate rulemaking. 19 However, EPA's response also noted that revision 20 to 10 CSR 10-6.200 may be the subject of a later
21 EPA action. 22 The second precipitating event is a 23 revision to the federal hospital, medical, 24 infectious waste incinerator, or HMIWI, 25 regulations promulgated by the EPA on May 13,their employees to include unemployment benefits paid to employees discharged for a reason set forth in subsection 13 of section 660.315,RSMo, and employees placed on a disqualification registry maintained by the Department of Mental Health.(1) Any employer that elects to make payments in lieu of unemployment contributions shall be liable for all unemployment benefits based on wages paid by the employer for services in employment. A reimbursable employer shall not have charges relieved pursuant to section 288.100, RSMo. A reimbursable employer shall, therefore, not be relieved of charges under any of the following circumstances:

(D) The claimant worked less than twenty eight (28) days or earned less than four hundred dollars ($400) gross wages from the employer; [or]

(E) The claimant was [placed on a disqualification list maintained by the Department of Health and Senior Services.] discharged by the employer for a reason set forth in subsection 13 of section 660.315, RSMo; or

(F) The claimant was placed on a disqualification registry maintained by the Department of Mental Health. AUTHORITY: section 288.220, RSMo 2000. Original rule filed Sept. 2, 2003, effective Feb. 29, 2004. Amended: Filed Oct. 4, 2013.PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate. NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with the Division of Employment Security; Attn: Ken Jacob, Director, PO Box 59, Jefferson City, MO 65104-0059. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area PROPOSED RESCISSION 10 CSR 10-5.240 Additional Air Quality Control Measures May be Required When Sources Are Clustered in a Small Land Area

. This rule rescission is an administrative cleanup of an outdated state air rule that is no longer necessary given that section 643.050, RSMo, provides the commission authority to promulgate regulationsnecessary to enforce the provisions of the Clean Air Act. If the commission adopts this rule action, it will be the department’s intention to submit this rule rescission to the U.S. Environmental Protection Agency for removal from the Missouri State Implementation Plan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural Resources’ Air Pollution Control Program at the address listed in the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri Department of Natural Resources’ Environmental Regulatory Agenda website, www.dnr.mo.gov/regs/index.html.PURPOSE: This rule provided that more restrictive air quality control requirements may be prescribed for areas in which the sum ofparticulate and/or sulfur dioxide emissions from existing and proposed sources exceed specified limits. This rule rescission is an administrative cleanup of an outdated state air rule that is no longer necessary given that section 643.050, RSMo provides the commissionauthority to promulgate regulations necessary to enforce the provisions of the Clean Air Act. The evidence supporting the need for thisproposed rulemaking, per 536.016, RSMo, is the public hearing testimony for this rulemaking. AUTHORITY: section 643.050, RSMo 1994. Original rule filed March 14, 1967, effective March 24, 1967. Rescinded: Filed Oct. 9, 2013. PUBLIC COST: This proposed rescission will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.PRIVATE COST: This proposed rescission will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed rescission will begin at 9:00 a.m., January 30, 2014. The public hearing will be held at the Elm Street Conference Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri.Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit a written or email statement of their views until 5:00 p.m., February 6, 2014. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102- 0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.

Title 13—DEPARTMENT OF SOCIAL SERVICES Division 70—MO HealthNet Division Chapter 3—Conditions of Provider Participation, Reimbursement and Procedure of General Applicability PROPOSED AMENDMENT 13 CSR 70-3.200 Ambulance Service Reimbursement Allowance

. The division is amending sections (1) and (2). PURPOSE: This amendment provides updates to Ambulance Service Reimbursement Allowance rules regarding gross receipts. This amendment is the result of CMS approval of the Ambulance Service Reimbursement Allowance. (1) Ambulance Service Reimbursement Allowance shall be assessed as described in this section.

(B) Beginning [July 1, 2009] October 1, 2013 , each ground emergency ambulance services provider in this state, except for anyambulance service owned and operated by an entity owned and operated by the state of Missouri, including but not limited to any hospital owned or operated by the board of curators, as defined in Chapter 172, RSMo, or any department of the state, shall, in addition toall other fees and taxes now required or paid, pay an ambulance service reimbursement allowance for the privilege of engaging in the business of providing ambulance services as defined in section 190.100, RSMo. Gross receipts shall be obtained by the division from a survey conducted six (6) months after calendar year end (i.e., calendar year [2009 revenue] 2012 gross receipts will be obtained through survey sent out by the state in [June 2010] 2013 ). [Collection of the ambulance service reimbursement allowance shall begin in state fiscal years 2010 and 2011 based on gross receipts collected in calendar year 2008. Collection of the ambulance service reimbursement allowance beginning with state fiscal year (SFY) 2012 and 

### Page 1877 November 15, 2013 Vol. 38, No. 22 Missouri RegisterRSMo 2000, the board rescinds a rule as follows: 5 CSR 20-400.140 Administrative Procedures for Applicants

Whose Certificates Have Been Revoked by a Certificating Authority Other Than the State Board of Education is rescinded

. A notice of proposed rulemaking containing the proposed rescission was published in the Missouri Register on January 15, 2014 (39 MoReg 192). No changes have been made in the proposed rescission, so it is not reprinted here. This proposed rescission becomes effective thirty (30) days after publication in the Code of State Regulations

. SUMMARY OF COMMENTS: No comments were received.

Title 9—DEPARTMENT OF MENTAL HEALTH Division 30—Certification Standards Chapter 2—Standards for County-Funded Mental Health Services ORDER OF RULEMAKING By the authority vested in the Missouri Department of Mental Health under section 630.050, RSMo Supp. 2013, the department amends a rule as follows: 9 CSR 30-2.010 Designation of Programs to Receive County Community Mental Health Funds is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on February 3, 2014 (39 MoReg 438). No changes have been made in the text of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations. SUMMARY OF COMMENTS: The Missouri Department of MentalHealth (DMH) received one (1) comment on the proposed amendment. COMMENT: David Hartman requested that DMH add other specific wording to the rule to make it more consistent with sections 205.975 to 205.990, RSMo, and to make it consistent with those sections as they were interpreted in Gasconade County Counseling Services, Inc. v. Missouri Department of Mental Health , 314 S.W.3d 368 (Mo. App., E.D. 2010). Mr. Hartman suggested adding community mentalhealth centers, mental health clinics, public facilities and not-for-profit corporations to sections (1), (4), (5), and (6) and subsection (4)(Q) of the rule. RESPONSE: The amendment filed by DMH only made changes to section (3) of the rule. Based on rulemaking protocols, as part of thefinal order of rulemaking, DMH cannot make changes in other sections that were not included in the original amendment because that would circumvent the public notice and comment process. DMH believes the changes made in section (3) will effectuate the ruling of the court in Gasconade County Counseling Services, Inc. DMH willcontinue to monitor the rule to determine if additional changes are necessary.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area ORDER OF RULEMAKING By the authority vested in the Missouri Air Conservation Commission under section 643.050, RSMo Supp. 2013, the commission rescinds a rule as follows: 10 CSR 10-5.240 Additional Air Quality Control Measures May be Required When Sources Are Clustered in a Small Land Area is rescinded

. A notice of proposed rulemaking containing the proposed rescission was published in the Missouri Register on November 15, 2013 (38MoReg 1877). No changes have been made in the proposed rescission, so it is not reprinted here. This proposed rescission becomes effective thirty (30) days after publication in the Code of State Regulations

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

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. 2013, the commission amends a rule as follows: 10 CSR 10-6.010 is amended. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on December 16,2013 (38 MoReg 2089–2092). 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 NaturalResources’ Air Pollution Control Program received three (3) comments from the U.S. Environmental Protection Agency (EPA) on this rule amendment. COMMENT #1: The EPA suggested revised language for the footnote regarding the 1997 ozone standard in the ambient air quality standards table, rather than referencing the implementation of the standard. RESPONSE AND EXPLANATION OF CHANGE: As a result of this comment, the footnote language was revised as suggested. COMMENT #2: The EPA suggested revised language for the footnote regarding the 1997 particulate matter PM 2.5 standard in the ambient air quality standards table. RESPONSE AND EXPLANATION OF CHANGE: As a result of this comment, the footnote language was revised as suggested.COMMENT #3: The EPA suggested revised language for the footnote regarding the 1971 annual and 24-hour sulfur dioxide standard in the ambient air quality standards table. RESPONSE AND EXPLANATION OF CHANGE: As a result of this comment, the footnote language was revised as suggested. 10 CSR 10-6.010 Ambient Air Quality Standards 

### Page 1085 June 2, 2014 Vol. 39, No. 11 Missouri Register