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 of

each 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) of

this 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 and

monitoring 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 staff

director, 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 blockage 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 system

or 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 blockage 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 maintained

and operated according to permits and regulations, and manufacturer recommendations—

1. The department and local agency

Stage II inspectors shall be allowed access in

a timely manner. Department and local agency Stage II inspectors shall make every

attempt 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 approved

by 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. Rescinded

and 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) JASON 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 to

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

require reports from sources of air pollution

relating to rate, period of emission and composition of effluent and to make 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 of

fuels, 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 from

aerospace 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 this

rule would be unduly cumbersome or expensive. Therefore, the full text of that material

will be made available to any interested person at both the Office of the Secretary of State

and the office of the adopting agency, pursuant to section 536.031.4, RSMo. Such

material 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 manufacture

and/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 caulking

and 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. An

antique aerospace vehicle would not routinely be in commercial or military service in the

capacity for which it was designed.

(E) Aqueous cleaning solvent—A cleaning

solution 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 coating

that is applied directly to aluminum components to protect surface areas when chemical

milling the component with a Type I or Type

JASON KANDER (6/30/14) CODE OF STATE REGULATIONS 15

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 

_........,o:::;..oc:::;ll--l "'..J -.:-} _p,___<-_______ , Chairman 

-- ~/"J ~ 

/ ~~ , Vice Chairman -----"'------"'-'"----------

_______________ ,Member 

_______________ ,Member 

_______________ , Member 

Rulemakings 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 rule 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 rulemaking. 

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.gov/env/<ipcp/rulemaking.htm 12/ 16/2013 
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 

12/16/2013 
1

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 Notices Update - Missouri Air Conservation 

Commission Public Hearing, Jan. 30, 2014

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

This bulletin was sent to the following groups of people:

Subscribers of Air Public Notices (535 recipients) 

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

MISSOURI AIR CONSERVATION COMMISSION 

WILL HOLD PUBLIC HEARING 

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

Thursday, January 30, 2014 beginning at 9 a.m. at the Elm Street Conference Center, 1730 East Elm Street, 

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

testimony related to the following proposed action(s): 

* 10 CSR 10-6.200 (amendment) Hospital, 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 rule will 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 Area 

 
2

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. 

 

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 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 (NO2), and sulfur dioxide (SO2); 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, NO2, and SO2 NAAQS, and this rulemaking would revise 

these values in the state rule for consistency. 

 

* Missouri State Implementation Plan Revision – Supplement/Revision to the Redesignation 

Demonstration and Maintenance Plan for the Missouri Portion of the St. Louis 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. Louis 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 supplement/revision to this plan. The technical 

supplement/revision to this plan makes corrections to the emissions inventories included 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 emissions budgets 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 Revision – Americold Logistics, LLC 24-Hour Particulate Matter 

(PM10) 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 violations of the 24-hour coarse particulate matter (PM10) 

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 PM10 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 Monoxide (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 plan revision 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 provides for continued attainment of the 8-hour CO 

NAAQS for the St. Louis area from 2008 through 2018. The plan provides assurances that, in the 

event of a subsequent violation of the CO NAAQS, additional control options, called contingency 

measures, can quickly be implemented to prevent any future violations. In addition, this plan includes 

CO ambient air quality monitoring data from the last seven years and an updated emission inventory 

for average winter day CO emissions 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 Division of Environmental Quality's toll 

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

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

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

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

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

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

 

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

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

problems with the subscription service, please contact subscriberhelp.govdelivery.com. 
4

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

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MISSOURI DEPARTMENT OF NATURAL RESOURCES' 


AIR CONSERVATION COMMISSION MEETING 


PUBLIC HEARING 


JANUARY 30, 2014 


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OFFICES 


MISSOURI Springfiel d Je trerson C it y Kansas Cify Co lumbia Ro llo Cope G irordeo u 


KANSAS Ove rla nd Po r~ ILLIN O IS Spri ngfield Champaign 


HEADQUARTER S: 711 North Eleventh Street, ST. Louis, Missouri 63101 

800.280·3376 

www.midwestlitigation.com 
 HEARING 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 Air
 HEARING 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 copy
 HEARING 1/30/2014

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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 the
 HEARING 1/30/2014

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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 regulations

necessary 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 of

particulate 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 commission

authority to promulgate regulations necessary to enforce the provisions of the Clean Air Act. The evidence supporting the need for this

proposed rulemaking, per 536.016, RSMo, is the public hearing testimony for this rulemaking.

AUTHORITY: section 643.050, RSMo 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 any

ambulance 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 to

all 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 Register

RSMo 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 Mental

Health (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 mental

health 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 the

final 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 will

continue 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 (38

MoReg 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 of

Natural 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 Conservation

Commission 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 Natural

Resources’ 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 PM2.5 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