DEe132011Mr.KarlBrooksRegionalAdministratorU.S.EPA,RegionVII11201RennerBoulevardLenexa,KS66219DearMr.Brooks:JeremiahW.Uay)Nixon,Governor•SaraParkerPauley,DirectorTOFNATURALRESOURCESwww.dnr.mo.govBY:••Q.e.............REC'DDEC17Z013APCOTheMissouriAirConservationCommissionhasrecentlyrevisedorpromulgatedthefollowingregulation(s)fortheMissouriStateImplementationPlan(SIP).Thefollowingisenclosedforyourreview:,10CSR10-6.130ControllingEmissionsDuringEpisodesofHighAirPollutionPotentialThisamendmentupdatesatablebyremovingthepollutantconcentrationbreakpointsthatbecameinaccurateeachtimetheNationalAmbientAirQualityStandardschange,clarifyingtherequirementforsourcestoprovidetheDepartmentwithanemissionsreductionplanwhenrequested,clarifyingruleprovisions,andremovingdefinitionsthatcanbefoundin10CSR10-6.020,DefinitionsandCommonReferenceTables.Thecommissionadoptedtheenclosedruleaction(s)onAugust29,2013,afterconsideringcommentsreceivedatpublichearingandthroughouttheopenpubliccommentperiod.ThecommissionhasfulllegalauthoritytodeveloprulespursuanttoSection643.050oftheMissouriAirConservationLaw.Thestatefollowedallapplicableadministrativeproceduresinproposingandadoptingtheruleaction(s).EnclosedaretherequiredSIPsubmittalelementsfordeterminationofplancompletenessper40CFRPart51,AppendixV.TheMissouriDepartmentofNaturalResourcesrequeststhattheU.S.EnvironmentalProtectionAgencyamendtheSIPtoreplacethecurrentrule(s)intheSIP.CompliantwiththeApril6,2011SIPregionalconsistencymemo,anexactduplicateofthissubmittalisalsobeingprovidedasanelectronicattachmentinanemailtotheRegionVIIMissouricoordinator.0Rcqcledl1npcr

## 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.

Sincerely,

AIR POLLUTION CONTROL PROGRAM

# ~~ey Director

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 ofMO Reg proposed rulemaking Copy of MO Reg order of rulemaking with comments/responses Mark-Up of Existing Federally-Approved State Regulation(s)

c: Missouri Air Conservation Commission102 CODE OF STATE REGULATIONS (11/30/13) J ASON K ANDER Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission

10 CSR 10-6.130 Controlling Emissions During Episodes of High Air Pollution Potential

PURPOSE: This rule specifies the conditionsthat establish air pollution alert and emergency alert levels and the associated procedures and emissions reduction objectives.

(1) Applicability.

(A) This rule shall apply to all sources and premises throughout the entire state with air emissions that contribute to sulfur dioxide (SO 2 ), carbon monoxide (CO), ozone (O 3 ), nitrogen dioxide (NO 2 ), or Particulate Matter—10 Micron (PM 10 ) and 2.5 Micron (PM 2.5 ).

(B) The boundaries of the affected area shall be determined at the discretion of the director in accordance with the nature and magnitude of the pollutant concentrations and meteorological conditions that cause the alert.

(2) Definitions. Definitions of certain terms specified in this rule may be found in 10 CSR 10-6.020.

(3) General Provisions.

(A) Air Pollution Alerts.

1. The Air Quality Index shall be reported to the general public on a daily basis by allmetropolitan statistical areas with a population exceeding three hundred fifty thousand (350,000).2. Alert levels for applicable air pollutants are stated in terms of the Air Quality Index (AQI) as defined in 40 CFR 58, Appendix G. Table A shows the relation of the AQI ranges to alert categories. 3. Alert types and levels of initiation. Ifan AQI value falls within the AQI range listed in Table A of this rule, the corresponding alert color shall be initiated. 4. Declaration of alerts. An orange alert, red alert, purple alert, or maroon emergencyalert may be declared on the basis of deteriorating air quality alone; an Air StagnationAdvisory need not be in effect. The appropriate alert level should be declared by thedirector as ambient monitoring would indicate. 5. Termination of alerts. When, in thejudgment of the director, meteorological conditions and pollutant concentrations warrant discontinuance of any alert condition, the director shall notify the technical staff, the chairman, and members of the Missouri Air Conservation Commission that the alert has been discontinued and issue a public notice to that effect.

(B) Conditions. This subsection providesconditions that establish alert level categories.



## Table A

AQI

AQI Alert Category Alert Color

0–50 Good Green

51–100 Moderate Yellow 101–150 Unhealthy for Sensitive

groups Orange

151–200 Unhealthy Red 201–300 Very Unhealthy Purple
301–400 Hazardous Maroon
401–500 Hazardous MaroonCODE OF STATE REGULATIONS 103 J ASON K ANDER (11/30/13) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6

(C) Procedures. This subsection establishes procedures for addressing alert level conditions. 

## Table B

Co ndi t i o ns f or Ale rt Level C a t e gor ies

O r an g e (101-150) Red (151-200) Pu r ple (201-300) Ma roo n (301-500)

This alert level AQI value is equaled or exceeded at any one (1) monitoring station within the affected area, unless there is a current forecast of meteorological improvement within the next twenty-four (24) hours. -- and -- Meteorological conditions are such that the conditions can be expected to remain or reoccur in this alert levelrange during the next twentyfour (24) or more hours or increase unless control actions are taken. This alert level AQI value is equaled or exceeded at any one (1) monitoring station within the affected area, unless there is a current forecast of meteorological improvement within the next twenty-four (24) hours. -- and -- Meteorological conditions are such that the conditions can be expected to remain or reoccur in this alert levelrange during the next twentyfour (24) or more hours or increase unless control actions are taken. This alert level AQI value is equaled or exceeded at any one (1) monitoring station within the affected area. This alert level AQI value is equaled or exceeded at any one (1) monitoring station within the affected area.

-- or -- This alert level AQI value is equaled or exceeded as the arithmetic mean for twelve (12) consecutive hours and an Air Stagnation Advisory is in effect. -- or -- This alert level AQI value is equaled or exceeded as the arithmetic mean for twelve (12) consecutive hours and a forecast of stagnation for the following twelve (12) hours is received.

-- or -- The red alert AQI value is equaled or exceeded as thearithmetic mean for twentyfour (24) consecutive hours and a forecast of stagnation for the following twelve (12) hours is received. -- or -- The purple alert AQI value is equaled or exceeded as thearithmetic mean for twentyfour (24) consecutive hours and a forecast of stagnation for the following twelve (12) hours is received.

-- or -- The red alert AQI value is equaled or exceeded as the arithmetic mean for thirty-six (36) consecutive hours and a forecast of stagnation for the following twelve (12) hours is received.104 CODE OF STATE REGULATIONS (11/30/13) J ASON K ANDER Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission



## Table C

P ro cedu r es

Red (151-200) Pu r ple (201-300) Ma roo n (301-500)

The general public shall be informed through the news media that an alert of this level exists, the geographical area(s) where the alert is applicable, the emission and type of source(s) that initiated the alert, individual abatement actions that will help alleviate the problem, and encourage those with respiratory ailments or heart conditions to take the most appropriate and expedient precautions. The general public shall be informed through the news media that an alert of this level exists, the geographical area(s) where the alert is applicable, the emission and type of source(s) that initiated the alert, individual abatement actions that will help alleviate the problem, and encourage those with respiratory ailments or heart conditions to take the most appropriate and expedient precautions. The general public shall be informed through the news media that an alert of this level exists, the geographical area(s) where the alert is applicable, the emission and type of source(s) that initiated the alert, individual abatement actions that will help alleviate the problem, and encourage those with respiratory ailments or heart conditions to take the most appropriate and expedient precautions.

All affected governmental control agencies shall be notified of the existing alert level and that coordination of action is required. All affected governmental control agencies shall be notified of the existing alert level and that coordination of action is required. All affected governmental control agencies shall be notified of the existing alert level and that coordination of action is required.

All hospitals within the affected area shall be notified of the existing alert level and be prepared for an increase in the number of patients seeking treatment. All hospitals within the affected area shall be notified of the existing alert level and be prepared for an increase in the number of patients seeking treatment. All hospitals within the affected area shall be notified of the existing alert level and be prepared for an increase in the number of patients seeking treatment.

The frequency of air monitoring shall be increased at all monitoring stations that are not continuous at intervals not exceeding one (1) hour with continual hourly review at a central control location, if this equipment is available and it is deemed necessary by the director. The frequency of air monitoring shall be increased at all monitoring stations that are not continuous at intervals not exceeding one (1) hour with continual hourly review at a central control location, if this equipment is available and it is deemed necessary by the director. The frequency of air monitoring shall be increased at all monitoring stations that are not continuous at intervals not exceeding one-half (1/2) hour with continual half-hour review at a central control location, if this equipment is available and it is deemed necessary by the director.

All open burning shall cease throughout the affected area. All open burning and incineration shall cease throughout the affected area. All open burning and incineration shall cease throughout the affected area.

The general public shall be requested through the news medi a to restrict the unnecessary use of motor vehicles. The general public shall be told through the news media that local vehicular traffic shall avoid certain areas and all unnecessary use of motor vehicles is restricted. Nonlocal vehicular traffic may be diverted around the affected area depending upon which pollutant(s) caused the existing conditions. The use of motor vehicles is prohibited except in emergencies with the approval of local or state police.CODE OF STATE REGULATIONS 105 J ASON K ANDER (11/30/13) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6

Airlines operating within the purple alert area shall be notified that those conditions exist and that a reduction of flights out of the airport may be required. All airplane flights originating within the area of the maroon emergency alert shall be cancelled.

If requested by the director, facilities that are sources of air contaminant emissions are required to file alert plans in accordance with section (4) of this rule and shall be prepared to implement the plan upon notification by the director in the event of a purple alert. If requested by the director, facilities that are sources of air contaminant emissions are required to file alert plans in accordance with section (4) of this rule and shall be prepared to implement the plan upon notification by the director in the event of a maroon emergency alert.

All places of employment described as follows shall immediately cease operation during a maroon emergency alert: mining and quarrying; contract construction work; wholesale trade establishments; schools and libraries; governmental agencies except those needed to administer the air pollution alert program and other essential agencies determined by the director to be vital for public safety and welfare and needed to administer the provisions of this rule; retail trade stores except those dealing primarily in sale of food or pharmacies; banks, real estate agencies, insurance offices, and similar business; laundries, cleaners and dryers, beauty and barber shops, and photographic studios; amusement, recreational, gaming, and entertainment service establishments; automobile repair and automobile service garages; and advertising offices, consumer credit reporting, adjustment and collection agencies, printing and duplicating services, rental agencies, and commercial testing laboratories.

All manufacturing facilities except those required to submit alert plans shall institute action that will result in maximum reduction of air contaminants from their operations by ceasing, curtailing, or postponing operations to the extent possible without causing injury to persons or damage to equipment.106 CODE OF STATE REGULATIONS (11/30/13) J ASON K ANDER Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission

(4) Reporting and Record Keeping. Facilities that are sources of air contaminant emissions and required to file alert plans per Table C of this rule shall file purple and maroon alert plans with the director within sixty (60) days of the director’s request. Alert plans shall—

(A) Address the objectives provided in Tables D, E, and F; and (B) Include the planning necessary for implementation. Updates to alert plans, including requests for rescissions, shall be provided when changes to operations necessitate.



## Table D Pu r ple Ale rt (201-300) Plan Objec t ives S o u r ces Objec t ives Electric power generating facilities Reduction of emi ssions by diverting electric power generation to facilities outside of area for which the alert is called.

If applicable, reduce emissions by utilization of fuels having low ash and sulfur content. If applicable, soot blowing and boiler lancing to be allowed only during periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.).

Process steam generating facilities Reduction of steam load demands consistent with continuing the operation of the plant.

If applicable, reduce emissions by utilization of fuels having low ash and sulfur content. If applicable, soot blowing and boiler lancing to be allowed only during periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.).

Manufacturing industries of the following Standard Industrial Classification Manual (SIC) group designations: grain industries, group 20; paper and allied products industries, group 26; chemicals and allied products industries, group 28; petroleum refining and related industries, group 29; stone, glass, clay, and concrete product industries, group 32; primary metal industries, group 33 Reduction of heat load demands for processing to a minimum.

Reduction of air contaminant emissions by curtailing, postponing, or deferring production and allied operations. Stoppage of all trade waste disposal practices that emit particles, gases, vapors, or malodorous substances including incineration.

Other manufacturing facilities required to submit alert plans by the director Reduction of heat load demands for processing to a minimum.

Reduction of air contaminant emissions by curtailing, postponing, or deferring production and allied operations. Stoppage of all trade waste disposal practices that emit particles, gases, vapors, or malodorous substances including incineration.

Private, public, and commercial operations For refuse disposal, stoppage of all open burning including disposal of trees and burning at fire-fighting schools, except as required for disposal of hazar dous materials or other emergency needs.

For refuse disposal, operation of incinerators shall cease per Table C of this rule.

Transportation See Table C of this rule for motor vehicle restrictions.CODE OF STATE REGULATIONS 107 J ASON K ANDER (11/30/13) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6

Table E Ma roo n Eme rg enc y Ale rt (301-400) Plan Objec t ives S o u r ces Objec t ives Electric power generating facilities Reduction of emissions by diverting electric power generation to facilities outside of area for which the alert is called.

If applicable, reduce emissions by utilization of fuels having low ash and sulfur content. If applicable, soot blowing and boiler lancing to be allowed only during periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.).

Process steam generating facilities If applicable, obtain maximum reduction of air contaminant emissions by utilization of fuels having the lowest ash and sulfur
content.

If applicable, maximize use of periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.) for soot blowing and boiler lancing.

Manufacturing industries of the following Standard Industrial Classification Manua l (SIC) group designations: grain industries, group 20; paper and a llied products industries, gr oup 26; chemicals a nd allie d products industries, group 28; petrole um refining and related industries, gr oup 29; stone, glass, clay, and concrete product industries, group 32; primary meta l indus tries, group 33 Maximum reduction of heat load demands for processing.

Maximum reduction of air contaminant emissions by, if necessary, postponing production and allied operations. Stoppage of all trade waste disposal practices that emit particles, gases, vapors, or malodorous substances including incineration.

Other manufacturing facilities required to submit alert plans by the director Maximum reduction of heat load demands for processing.

Maximum reduction of air contaminant emissions by, if necessary, postponing production and allied operations. Stoppage of all trade waste disposal practices that emit particles, gases, vapors, or malodorous substances including incineration.

Private, public, and commercial operations For refuse disposal, stoppage of all open burning including disposal of trees and burning at fire-fighting schools, except as required for disposal of hazar dous materials or other emergency needs.

For refuse disposal, operation of incinerators shall cease per Table C of this rule.

Transportation See Table C of this rule for motor vehicle restrictions.108 CODE OF STATE REGULATIONS (11/30/13) J ASON K ANDER Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission



## Table F Ma roo n Eme rg enc y Ale rt (401-500) Plan Objec t ives S o u r ces Objec t ives Electric power generating facilities Reduction of emi ssions by diverting electric power generation to facilities outside of area for which the alert is called.

If applicable, reduce emissions by utilization of fuels having low ash and sulfur content. If applicable, soot blowing and boiler lancing to be allowed only during periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.).

Process steam generating facilities Maximum reduction of air contaminant emissions by reducing heat and steam load demands to valu es consistent with preventing equipment damage.

If applicable, maximize use of periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.) for soot blowing and boiler lancing.

Manufacturing industries of the following Standard Industrial Classification Manual (SIC) group designations: grain industries, group 20; paper and allied products industries, group 26; chemicals and allied products industries, group 28; petroleum refining and related industries, group 29; stone, glass, clay, and concrete product industries, group 32; primary metal industries, group 33 Maximum reduction of heat load demands for processing.

Elimination of air contaminant emissions from the manufacturing operations by ceasing, curtailing, postponing, or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment.

Other manufacturing facilities required to submit alert plans by the director Maximum reduction of heat load demands for processing.

Elimination of air contaminant emissions from the manufacturing operations by ceasing, curtailing, postponing, or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment.

Private, public, and commercial operations For refuse disposal, stoppage of all open burning including disposal of trees and burning at fire-fighting schools, except as required for disposal of hazar dous materials or other emergency needs.

For refuse disposal, operation of incinerators shall cease per Table C of this rule.

The following places of employment, if notified by the director, immediately shall cease operations: mining and quarrying operations; construction projects except as required to avoid emergent physical harm; manufacturing establishments except those required to have in force an air pollution alert plan; wholesale trade establishments; governmental units, except as required to implement the provisions of this rule and other operations essential to immediate protection of the public welfare and safety; retail trade and service establishments except pharmacies, food stores, and other similar operations providing for emergency needs; other commercial service operations, such as those engaged in banking, insurance, real estate, advertising, and the like; educational institutions; and amusement, recreational, gaming, and entertainment facilities.

Transportation See Table C of this ru le for motor vehicle restrictions.(5) Test Methods. The testing references forMissouri ambient air quality data are as specified in 10 CSR 10-6.040 Reference Methods.

AUTHORITY: section 643.050, RSMo Supp. 2013.* Original rule filed May 11, 1984, effective Oct. 11, 1984. Amended: Filed Jan. 5, 1988, effective April 28, 1988. Amended: Filed March 13, 2002, effective Nov. 30,2002. Amended: Filed Sept. 24, 2009, effective May 30, 2010. Amended: Filed May 7, 2013, effective Dec. 30, 2013.

*Original authority: 643.050, RSMo 1965, amended 1972,
1992, 1993, 1995, 2011.

10 CSR 10-6.140 Restriction of Emissions Credit for Reduced Pollutant Con

- centrations From the Use of Dispersion Techniques

PURPOSE: This rule implements provisions of federal regulations which restrict credit in the calculation of emission limitations for reduced pollutant concentrations due to the use of dispersion techniques.

(1) Applicability. This rule shall apply to the procedures to account for emission dispersiontechniques used in the calculation of any emission limitation or any revision of any limitation to be established by the director or to be considered for establishment by the Missouri Air Conservation Commission (MACC). This rule also requires that all emission limitations established by the director or by the MACC after December 31, 1970, be reviewed for compliance with this rule.

(2) General.

(A) The degree of emission limitation required of any installation for control of anyair pollutant must not be affected by that portion of any installation’s stack height that exceeds good engineering practice (GEP) or by any other dispersion technique, except as provided in section (3).

(B) Before the director or the MACC establishes an emission limitation that is based on a GEP stack height that exceeds the formula GEP height allowed by 10 CSR 10- 6.020(2)(G)2.B., the director must notify the public of the availability of the demonstrationstudy and must provide opportunity for public hearing on it.

(C) This rule does not restrict the actual stack height of any installation or the use of any dispersion technique by any installation.

(3) Exemptions. The provisions of section (2) shall not apply to emission limitation credits from— (A) Stack heights on which construction commenced on or before December 31,1970, except where pollutants are being emitted from the stacks by source operations which were constructed, or reconstructed or on which major modifications were carried out after December 31, 1970; or

(B) Dispersion techniques implemented before December 31, 1970, except where these dispersion techniques are being applied to source operations which were constructed,or reconstructed or on which major modifications were carried out after December 31, 1970.

AUTHORITY: section 643.050, RSMo Supp. 1992.* Original rule filed Jan. 6, 1986, effective May 11, 1986.

*Original authority: 643.050, RSMo 1965, amended 1972, 1992.

10 CSR 10-6.150 Circumvention

PURPOSE: This rule prohibits the installa tion or use of any device or means which conceals or dilutes an emission violating a rule.

(1) No person shall cause or permit the installation or use of any device or any means which, without resulting in reduction in the total amount of air contaminant emitted,conceal or dilute an emission or air contaminant which violates a rule of the Missouri Air Conservation Commission.

AUTHORITY: section 643.050, RSMo Supp. 1992.* This rule was previously filed as 10 CSR 10-2.090, 10 CSR 10-4.130 and 10 CSR 10-5.230. Original rule filed April 18, 1990, effective Nov. 30, 1990.

*Original authority: 643.050, RSMo 1965, amended 1972, 1992.

10 CSR 10-6.160 Medical Waste and Solid Waste Incinerators

Editor’s Note: On March 29, 1993, the Circuit Court of Cole County found that 10 CSR10-6.160 was void since it exceeds the statutory cost analysis requirements of sections 536.200 and 536.205, RSMo.

1 0 CSR 10-6.165 Restriction of Emission of Odors

PURPOSE: This rule restricts the emission ofexcessive odorous matter. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, are minutes from a May 28, 2009, Missouri Air Conservation Commission meeting, letters from Washington University in St. Louis School of Law and the Attorney General’s Office datedOctober 6, 2006, and odor workgroup meeting notes from 2007.

(1) Applicability. This rule shall apply to anyperson that causes, permits, or allows emission of odorous matter throughout the state of Missouri, except—

(A) The provisions of section (3) of thisrule shall not apply to the emission of odorous matter from the pyrolysis of wood in the production of charcoal in a Missouri-type charcoal kiln;

(B) The provisions of section (3) of thisrule shall not apply to the emission of odorous matter from the raising and harvesting of crops nor from the feeding, breeding, and management of livestock or domestic animalsor fowl with the exception of Class IA concentrated animal feeding operations; and

(C) The provisions of this rule shall not apply to emissions of odorized natural gas, or the chemicals used to achieve the regulated odorization of natural gas, inherent to the operations of a natural gas utility.

(2) Definitions.

(A) Modification—Any change to a source of odor emissions or source operations, including odor controls, that causes or could cause an increase in potential odor emissions.

(B) Class IA concentrated animal feeding operation—Any concentrated animal feeding operation with a capacity of seven thousand(7,000) animal units or more and corresponding to the following number of animals by species listed below:

(C) Definitions of certain terms specified in this rule, other than those defined in this rule section, may be found in 10 CSR 10- 6.020.
(3) General Provisions. No person may

CODE OF STATE REGULATIONS 109 J ASON K ANDER (11/30/13) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6

### Order of Rulemaking



## Compliant with 643.055 RSMo, the Missouri Air Conservation Commission has determined that this action is needed to have a U.S

. Environmental Protection Agency approved State Implementation Plan.

10 CSR 10-6

. 130 (amendment) 

## Controlling Emissions During Episodes of High Air Pollution Potential, is hereby ADOPTED 

## by the Missouri Air Conservation Commission th i s 29th day of August, 2013

.

# ---rl"'**/J ....,.._.,** **CC "-"""'** **ee....::: .L.>or--~C~** **/Q G1** **-' '~----""'** **..,.,_ .**  ___ , Chairman 

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" ===== ='- ----' Vice Chairman**~** 

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# ,c........:-**____::_.:;;___ ......:........** **~~ --·**  Member

, Member

________________________________ ,Member

________________________________ , Member

________________________________ ,Member

## Jay Nixon, Governor Sara Parker Pauley, Director 

# Air Pollution Control Program

Rulemakings on Public Notice

The Missouri Department of Natural Resources filed the following proposed rulemakings with the secretary of state's office and comme nts 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 electronica lly, use the links below the rule or to submit written comments see the address below.

10 CSR 10-6.070 ( amendment ) New Source Perfor mance Regulations

This proposed amendment will ad opt new emission stan dards, updates, an d clarifications to existing federal rule 40 CFR 60 that were promulgated from Febr uary 17, 2012, through December 31, 2012. This rule as a whole establishes acceptable design and performance criteria for specified new or modified emission sources.
Proposed Rulemaking Proposed Rulemaking

– Published in June 17, 2013 Missouri Register

Additional Information on this rulemaking.

Submit comments now Submit written comments

Comments will be accepted thro ugh close of business July 31, 2013.

10 CSR 10-6.075 (amendment) Ma ximum Achievable Control Technology Regulations

This proposed amen dment will adopt new emission standards, update s, and clarifications to existing federal rule 40 CFR 63 that were promulgated from Febr uary 17, 2012, through December 31, 2012. This rule as a whole establis hes emission control technology, performance criteria, and work practices to achieve emission standards for sources that emit, or have the potential to emit, hazardous air pollutants.

Proposed Rulemaking – Published in June 17, 2013 Missouri Register

Additional Information on this rulemaking.

Submit comments now Submit written comments

Comments will be accepted thro ugh close of business July 31, 2013.

10 CSR 10-6.080 ( amendment ) Emission Standards for Hazardous Air Pollutants Pa g e 1 of 3 Rulemakin g s on Public Notice - DNR

6/17/2013 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm

## This proposed amendment will ad opt new emission stan dards, updates, and clarifications to existing federal rule 40 CFR 61 that were promulgated from Febr uary 17, 2012, through December 31, 2012. This rule as a whole establishes emission standards and performance criteria for new or modified source s emitting hazardous air pollutants.

Proposed Rulemaking – Published in June 17, 2013 Missouri Register

Additional Information on this rulemaking.

Submit comments now Submit written comments

Comments will be accepted thro ugh close of business July 31, 2013.

10 CSR 10-6.130 (amendment) Co ntrolling Emissions During Episodes of High Air Pollution Potential

This proposed amendment will update a tabl e by removing the pollutant concentration breakpoints that become inaccurate each time the National Ambient Air Quality Standards change, clarify the requirement for sources to provide the Department with an emissions reduction plan when requested, clarify rule pr ovisions, and remove definitions that can be found in 10 CSR 10-6.020 Definitions and Common Reference Tables.

Proposed Rulemaking – Published in June 17, 2013 Missouri Register

Additional Information on this rulemaking.

Submit comments now Submit written comments

Comments about this rulemaking will be accepted through close of business July 31, 2013

10 CSR 10-6.040 ( amendment ) Reference Methods

This proposed amendment will update the incorporation by reference in section (4) to include the latest Federal Register promulgation dates. Recent Federal Register Notices add Federal Equivalency Method s (FEMs) for ambient monitori ng of nitrogen dioxide and fine particulate matter; and two FEMs for laboratory analysis of lead. Adding the latest Federal Register promulgation dates to this ru le will allow the latest FEMs to be used to meet state requirements. The ASTM Methods for determin ing parameters such as fuel sulfur and heat content are al so being updated to the latest versions available.

Proposed Rulemaking – Published in May 1, 2013 Missouri Register

Additional Information on this rulemaking.

Submit comments now Submit written comments

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

Submit written comments abou t any rule development to: Chief, Air Quality Planning Section Missouri Department of Natural Resources Pa g e 2 of 3 Rulemakin g s on Public Notice - DNR

6/17/2013 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm

## Air Pollution Control Program P.O. Box 176 Jefferson City, MO 65102-0176

Back to top Pa g e 3 of 3 Rulemakin g s on Public Notice - DNR

6/17/2013 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm1 

## Bechtel, Cheri

From: Missouri DNR <MODNR@public.govdelivery.com>
Sent: Friday, June 21, 2013 9:20 AM
To: Bechtel, Cheri Subject: Courtesy Copy: Missouri DNR Air Pu blic Notices Update-MISSOURI AIR
CONSERVATION COMMISSION PUBLIC HEARING



## This is a courtesy copy of an em ail bulletin sent by Cheri Bechtel.

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MISSOURI AIR CONSER VATION COMMISSION WILL HOLD PUBLIC HEARING

JEFFERSON CITY, MO -- The Missouri Air Conser vation Commission will hol d a public hearing on Wednesday, July 24, 2013 beginning at 9 a.m. at the Elm Street Conference Cent er, 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 10-6.070 (amendment) New Source Performance Regulations

The above rule action will not be submitted for incl usion in the Missouri State Implementation Plan but will be submitted to accept delegation of enforcem ent authority for federal regulations from the U.S. Environmental Protection Agency.

* 10 CSR 10-6.075 (amendment) Maxi mum Achievable Control Technology Regulations The above rule action will not be submitted for incl usion in the Missouri State Implementation Plan but will be submitted to accept delegation of enforcem ent authority for federal regulations from the U.S. Environmental Protection Agency.

* 10 CSR 10-6.080 (amendment) Em ission Standards for Hazardous Air Pollutants

The above rule action will not be submitted for incl usion in the Missouri State Implementation Plan but will be submitted to accept delegation of enforcem ent authority for federal regulations from the U.S. Environmental Protection Agency.

* 10 CSR 10-6.130 (amendment) Controll ing Emissions During Epis odes of High Air Pollution2 

## Potential

If the Commission adopts the action(s), it will be the De partment’s intention to submit the action(s) to the U.S. Environmental Protection Agency to be incl uded in Missouri’s State Implementation Plan unless otherwise noted above.

Documents for the above item(s) will be available for review at the Missour i Department of Natural Resources, Air Pollution Control Pr ogram, 1659 Elm Street, Jefferson Cit y, (573) 751-4817 and in the Public N otices section of the program web site http://dnr.mo.gov/env/apcp/public- notices.htm. This information will be available at least 30 days pr ior to the public hearing date.

The Department will accept written or email comments for the record until 5 p.m. on July 31, 2013. Please send written comments to Chief, Air Quality Planning Section, Air Pollution Control Program, P.O. Box 176, Jefferson City, MO 65102-0176. Email comments may be submitted via the program web site noted above. All written and email comments and public hear ing testimony will be equally considered.

Citizens wishing to speak at the public hearing should notify the secretary to th e Missouri Air Conservation Commission, Missouri Department of Natural Resour ces, Air Pollution Control Program, P.O. Box 176, Jefferson City, Missouri 65102-0176, or telephone ( 573) 526-3420. The Department requests persons intending to give verbal presenta tions also provide a wr itten copy of their testimony to the commission secretary at the time of the public hearing.

Persons with disabilities requiring special services or accommodations to attend the meeting can make arrangements by calling the Program di rectly at (573) 751-4817, the Divisi on of Environmental Quality's toll free number at (800) 361-4827, or by writing two weeks in advance of the meeting to: Missouri Department of Natural Resources, Air Conservation Commissi on Secretary, P.O. Box 176, Jefferson City, MO 65102. Hearing impaired persons may contact the program through Relay Missouri, (800) 735-2966.

You are subscribed to the Air Publ ic Notices topic for Missouri DNR. Th is information has recently been updated, and is now available at the link below. Tha nk you for your interest in the Air Public Notices.

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### PUBLIC HEARING 7/24/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 1



### 1 BEFORE THE AIR CONSERVATION COMMISSION

STATE OF MISSOURI

2

3

4

5

6

MISSOURI AIR CONSERVATION COMMISSION

7 PUBLIC HEARING

Elm Street Conference Center

8 1738 East Elm Street

Lower Level
9 Bennett Springs Conference Room
Jefferson City, Missouri 65101

10 9:00 a.m

11 BEFORE:
12 Jack Baker, Chairman

Gary Pendergrass

13 David Zimmerman
Mark Garnett (Via Telephone)

14

15
16 (Starting time of the public hearing: 9:05 a.m.)

17

18

19
20 The Court Reporter:

21 Suzanne Zes
Midwest Litigation Services

22 711 North Eleventh Street
St. Louis, MO 63101

23 314.644.2191

314.644.1334

24

25

### PUBLIC HEARING 7/24/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 2



### 1 P R O C E E D I N G S

2 CHAIRMAN BAKER: The hearing will come

3 to order. Let the record show the following

4 Commissioners are present: Jack Baker, Mark

5 Garnett, Gary Pendergrass and David Zimmerman.

6 The Air Conservation Commission of the State

7 of Missouri has called this public hearing pursuant

8 to Section 643.070 Revised Statutes of Missouri, EPA

9 promulgated rule 40 CFR 51.102 for the purpose of

10 hearing testimony relating to 10 CSR 10-6.070

11 (amendment) New Source Performance Regulations, 10

12 CSR 10-6.075 (amendment) Maximum Achievable Control

13 Technology Regulations, 10 CSR 10-6.080 (amendment)

14 Emission Standards for Hazardous Air Pollutants and

15 10 CSR 10-6.130 (amendment) Controlling Emissions

16 During Episodes of High Air Pollution Potential.

17 The hearing record will close at 5 p.m. on

18 July the 31st, 2013. Anyone who has not been

19 scheduled to appear, but who wishes to be heard,

20 should indicate that you wish to speak on the

21 sign-in sheets available at the door.

22 Section 643.100 of the Missouri Statutes

23 provides that all oral testimony -- testimony be

24 given under oath. Accordingly, when you are called

25 to testify, please present yourself to the court

### PUBLIC HEARING 7/24/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 8


### 1 applicable to 10 CSR 10-6.080 were promulgated. If

2 the Commission adopts these rule actions, it will be

3 the department's intention to advise the U.S.

4 Environmental Protection Agency that we will accept

5 delegation of enforcement authority for these

6 federal regulations, with the exception of area

7 source MACT rules. We are temporarily not accepting

8 delegation of enforcement authority for the area

9 source MACT rules until the resources are available

10 for this additional workload.

11 This concludes my testimony. I will be happy

12 to answer any questions you might have specific to

13 the rule amendments.

14 CHAIRMAN BAKER: Any questions? I have

15 no sign-in on this particular issue. Thank you,

16 Stan.

17 MR. PAYNE: Thank you.

18 CHAIRMAN BAKER: Next would be

19 Ms. Shelly.

20 (MS. REIMER WAS SWORN.)

21 MS. REIMER: Good morning,

22 Commissioners. My name is Shelly Reimer and I work

23 in the Rules Unit of the Air Pollution Control

24 Program at 1659 East Elm Street in Jefferson City.

25 I am here to present testimony on the

### PUBLIC HEARING 7/24/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 9


### 1 proposed amendment to 10 CSR 10-6.130 Controlling

2 Emissions During Episodes of High Air Pollution

3 Potential. The rule information begins on page 103

4 of your briefing document.

5 This proposed amendment will revise the rule

6 that provides the state emergency room plan for

7 dealing with episodes of high air pollution. The

8 U.S. Environmental Protection Agency and the

9 Missouri Statute require this emergency plan. The

10 Air Quality Index in the rule uses a color-coded

11 alert system to warn citizens of unhealthy levels of

12 air pollution, and prescribes certain mitigation

13 measures based on these levels.

14 This proposed rule amendment will: Update a

15 table by removing the pollutant concentration

16 breakpoints that were included as reference, but

17 become inaccurate each time the National Ambient Air

18 Quality Standards change.

19 Clarify the existing requirement for sources

20 to provide the department with an emissions

21 reduction plan when requested.

22 Remove definitions that are now located in 10

23 CSR 10-6.020 Definitions and Common Reference

24 Tables; and reorganize a large portion of the rule

25 text into tables to enhance clarity and consistency.Emission Sources) of Benzene (L) National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants

(M) National Emission Standard for Asbestos (N) National Emission Standard for Inorganic Arsenic Emissions From Glass Manufacturing Plants

(O) National Emission Standard for Inorganic Arsenic Emissions From Primary Copper Smelters

(P) National Emission Standard for Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities

(V) National Emission Standard for Equipment Leaks (Fugitive Emission Sources)

(Y) National Emission Standards for Benzene Emissions From Benzene Storage Vessels

(BB) National Emission Standards for Benzene Emissions From Benzene Transfer Operations

(FF) National Emission Standard for Benzene Waste Operations

AUTHORITY: section 643.050, RSMo Supp. [2011] 2012 . Originalrule filed Dec. 10, 1979, effective April 11, 1980. For intervening history, please consult the Code of State Regulations . Amended: Filed May 7, 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. The private entity fiscal cost impacts for compliance with the federal standards are accounted for in the federal rulemakings.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin at 9:00 a.m., July 24, 2013. 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., July 31, 2013. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102-0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.



### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

PROPOSED AMENDMENT

10 CSR 10-6.130 Controlling Emissions During Episodes of High Air Pollution Potential . The commission proposes to amend the rule purpose, amend subsection (1)(A), and amend sections (2), (3), and(4). If the commission adopts this rule action, it will be the department’s intention to submit this rule amendment to the U.S. Environmental Protection Agency to replace the current rule that is in the Missouri State Implementation Plan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural Resources’ Air Pollution Control Program at the address listed in the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri Department of Natural Resources’ Environmental Regulatory Agenda website, www.dnr.mo.gov/regs/index.html. PURPOSE: This rule specifies the conditions that establish air pollution alert and emergency alert levels and the associated procedures and emissions reduction objectives. The purpose of this amendmentis to update a table by removing the pollutant concentration breakpoints that become inaccurate each time the National Ambient AirQuality Standards change, clarify the requirement for sources to provide the department with an emissions reduction plan when requested, clarify rule provisions, and remove definitions that can be found in 10 CSR 10-6.020 Definitions and Common Reference Tables. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is a rule comment form dated July 26, 2011, from Missouri Department of Natural Resources staff.

PURPOSE: This rule specifies the conditions that establish [an] air pollution alert [, watch, or emergency] and emergency alert levels and the associated procedures and emissions reduction objectives [for dealing with each]

. (1) Applicability.

(A) This rule shall apply to all [emissions from any source or from any premises] sources and premises throughout the entire state with air emissions that contribute to sulfur dioxide (SO 2 ), carbon monoxide (CO), ozone (O 3 ), nitrogen dioxide (NO 2 ), or Particulate Matter—10 Micron (PM 10 ) and 2.5 Micron (PM 2.5 )

.
(2) Definitions. Definitions of certain terms specified in this rule may be found in 10 CSR 10-6.020.

[(A) Air pollution alert—The level of an air pollution episode known as an air pollution alert is that condition when the concentration of air contaminants reach the level at which the first stage control actions are to begin.

(B) Air Stagnation Advisory—A special bulletin issued by the National Weather Service entitled “Air StagnationAdvisory,” which is used to warn air pollution control agencies that stagnant atmospheric conditions are expectedwhich could cause increased concentrations of air contaminants near the ground.

(C) Area—For the purpose of this rule, any or all regions within the boundaries of the state of Missouri.

(D) Definitions of certain terms specified in this rule, other than those specified in this rule section, may be found in 10 CSR 10-6.020.]

(3) General Provisions.

(A) Air Pollution Alerts.

1. The Air Quality Index shall be reported to the general public on a daily basis by all metropolitan statistical areas with a population exceeding three hundred fifty thousand (350,000). 2. Alert levels for applicable air pollutants are stated in terms of the Air Quality Index (AQI) as defined in 40 CFR [part] 58, Appendix G [, for sulfur dioxide (SO 2 ), carbon monoxide (CO), ozone (O 3 ), nitrogen dioxide (NO 2 ), and Particulate Matter— 10 Micron (PM 10 ) and 2.5 Micron (PM 2.5 )] . Table A shows the relation of the AQI [breakpoint values to equivalent concentrations of air contaminants. All concentrations are averaged over the time period indicated] ranges to alert categories

. 

## Page 903 June 17, 2013 Vol. 38, No. 12 

### Missouri Register3. Alert types and levels of initiation. If an AQI value fallswithin the AQI range listed in Table A of this rule, the corresponding alert color shall be initiated.[A. Orange alert AQI value. Any one (1) of the contaminants listed in paragraph (3)(A)2. reaching a concentration which results in an AQI value of one hundred one to one hundred fifty (101–150) shall initiate the orange alert.B. Red alert AQI value. Any one (1) of the contaminants listed in paragraph (3)(A)2. reaching a concentration which results in an AQI value of one hundred fifty-one to two hundred (151–200) shall initiate the red alert.C. Purple alert AQI value. Any one (1) of the contaminants listed in paragraph (3)(A)2. reaching a concentration which results in an AQI value of two hundred one to three hundred (201–300) shall initiate the purple alert. D. Maroon emergency alert AQI value. Any one (1) ofthe contaminants listed in paragraph (3)(A)2. reaching a concentration which results in an AQI value of three hundred one to five hundred (301–500) shall initiate the maroon emergency alert.] 4. Declaration of alerts. An orange alert, red alert, purple alert,or maroon emergency alert may be declared on the basis of deteriorating air quality alone; an Air Stagnation Advisory need not be in effect. The appropriate [episode status] alert level should be declared by the director as ambient monitoring would indicate. 5. Termination of alerts. When, in the judgment of the director,meteorological conditions and pollutant concentrations warrant discontinuance of any alert condition, the director shall notify the technical staff, the chairman, and members of the Missouri Air Conservation Commission that the alert has been discontinued and issue a public notice to that effect.

(B) [Orange Alert.] Conditions. This subsection provides conditions that establish alert level categories. [1. Orange alert procedures shall be initiated by the director if the following conditions are met: A. An Air Stagnation Advisory is in effect; B. The orange alert AQI value is equaled or exceeded at any one (1) monitoring station within the affected area,unless there is a current forecast of meteorological improvement within the next twenty-four (24) hours; andC. Meteorological conditions are such that the pollutant concentrations can be expected to remain or reoccur at the previously mentioned levels during the next twenty-four (24) or more hours or increase unless control actions are taken.2. The following are orange alert procedures. The general public shall be informed through the news media that an orange alert exists, the geographical area(s) where the alertis applicable, the emission and type of source(s) that initiated the alert and encourage those with respiratory ailmentsor heart conditions to take the most appropriate and expedient precautions.] 

## Page 904 Proposed Rules June 17, 2013 Vol. 38, No. 12



## Table A

[BREAKPOINT FOR THE] AQI

AQI Alert Category Alert Color [Breakpoint Values]
[O 3 (ppm)] [O 3 (ppm)] [PM 2.5 ( P

g/m 3 )] [PM 10 ( P

g/m 3 )] [CO (ppm)] [SO 2 (ppm)] [NO 2 (ppm)] [8-hour] [1-hour( 1 )] [24-hour] [24-hour] [8-hour] [24-hour] [24-hour]

0–50 Good Green [0.000– 0.059] [-----] [0.0–15.4] [0–54] [0.0–4.4] [0.000–0.034] [( 2 )]

51–100 Moderate Yellow [0.060– 0.075] [-----] [15.5–40.4] [55–154] [4.5–9.4] [0.035–0.144] [( 2 )]

101–150 Unhealthy for sensitive
groups Orange [0.076– 0.095] [0.125– 0.164] [40.5–65.4] [155–254] [9.5–12.4] [0.145–0.224] [( 2 )]

151–200 Unhealthy Red [0.096– 0.115] [0.165– 0.204] [65.5–150.4] [255–354] [12.5–15.4] [0.225–0.304] [( 2 )]

201–300 Very Unhealthy Purple [0.116– 0.374] [0.205– 0.404] [150.5–250.4] [355–424] [15.5–30.4] [0.305–0.604] [0.65–1.24]

301–400 Hazardous Maroon [( 3 )] [0.405– 0.504] [250.5–350.4] [425–504] [30.5–40.4] [0.605–0.804] [1.25–1.64]

401–500 Hazardous Maroon [( 3 )] [0.505– 0.604] [350.5–500.4] [505–604] [40.5–50.4] [0.805–1.004] [1.65–2.04]

[ (1) Areas are generally required to report the AQI based on eight (8)-hour ozone values. However, there are a small numberof areas where an AQI based on one (1)-hour ozone values would be more precautionary. In these cases, in addition to calculating the eight (8)-hour ozone index value, the one (1)-hour ozone index value may be calculated, and the maximum of the two (2) values reported. (2) NO 2 has no short-term National Ambient Air Quality Standard and can generate an AQI value only above two hundred (200). (3) Eight (8)-hour O 3 values do not define higher AQI values (greater than or equal to three hundred one (301)). AQI values of three hundred one (301) or higher are calculated with one (1)-hour O 3 concentrations.](C) [Red Alert.] Procedures. This subsection establishes procedures for addressing alert level conditions.[1. Red alert procedures shall be initiated by the director if the following conditions are met: A. An Air Stagnation Advisory is in effect; B. The red alert AQI value is equaled or exceeded at any one (1) monitoring station within the affected area,unless there is a current forecast of meteorological improvement within the next twenty-four (24) hours; andC. Meteorological conditions are such that the pollutant concentrations can be expected to remain or reoccur at the previously mentioned levels during the next twenty-four (24) or more hours or increase unless control actions are taken. 2. The following are red alert procedures: A. All affected governmental control agencies shall be notified that red alert conditions exist and that coordination of action is required;B. All hospitals within the affected area shall be notified that red alert conditions exist; C. The frequency of air monitoring shall be increasedat all monitoring stations which are not continuous at intervals not exceeding one (1) hour, with continual hourly review at a central control location, if this equipment is available and it is deemed necessary by the director; D. The general public shall be informed through the news media that a red alert exists, the geographical area(s) where the alert is applicable, the emission and type of 

## Page 905 June 17, 2013 Vol. 38, No. 12 

### Missouri Register



## Table B

Co ndi t i o ns f or Ale rt Level C a t e gor ies

O r an g e (101-150) Red (151-200) Pu r ple (201-300) Ma roo n (301-500)

This ale rt level A QI value is equaled or exceeded a t any

o ne (1) m o ni tor in g s t a t i o n wi t hin t he affec t ed a r ea, unless t he r e is a cu rr en t f or ecas t o f me t e oro l og ical imp ro vemen t wi t hin t he

nex t t wen t y-f o u r (24) h o u r s. -- and -- Me t e oro l og ical c o ndi t i o ns

a r e such t ha t t he c o ndi t i o ns can be expec t ed to r emain

or r e o ccu r in t his ale rt level

r an g e du r in g t he nex t
t wen t y-f o u r (24) or m or e h o u r s or inc r ease unless

c o n tro l ac t i o ns a r e t aken. This ale rt level A QI value is equaled or exceeded a t any

o ne (1) m o ni tor in g s t a t i o n wi t hin t he affec t ed a r ea, unless t he r e is a cu rr en t f or ecas t o f me t e oro l og ical imp ro vemen t wi t hin t he

nex t t wen t y-f o u r (24) h o u r s. -- and -- Me t e oro l og ical c o ndi t i o ns

a r e such t ha t t he c o ndi t i o ns can be expec t ed to r emain

or r e o ccu r in t his ale rt level

r an g e du r in g t he nex t
t wen t y-f o u r (24) or m or e h o u r s or inc r ease unless

c o n tro l ac t i o ns a r e t aken. This ale rt level A QI value is equaled or exceeded a t any

o ne (1) m o ni tor in g s t a t i o n wi t hin t he affec t ed a r ea. This ale rt level A QI value is equaled or exceeded a t any

o ne (1) m o ni tor in g s t a t i o n wi t hi n t he affec t ed a r ea.

-- or -- This ale rt level A QI value is equaled or exceeded as t he

a r i t hme t ic mean f or t welve (12) c o nsecu t ive h o u r s and an Ai r S t a g na t i o n Advis or y is in effec t

. -- or -- This ale rt level A QI value is equaled or exceeded as t he

a r i t hme t ic mean f or t welve (12) c o nsecu t ive h o u r s and a f or ecas t o f s t a g na t i o n f or t he f o ll o win g t welv e (12) h o u r s is r eceived.

-- or -- The r ed ale rt A QI value is equaled or exceeded as t he

a r i t hme t ic mean f or t wen t yf o u r (24) c o nsecu t ive h o u r s and a f or ecas t o f s t a g na t i o n f or t he f o ll o win g t welve (12) h o u r s is r eceived. -- or -- The pu r ple ale rt A QI value is equaled or exceeded as
t he a r i t hme t ic mean f or t wen t y-f o u r (2 4) c o nsecu t ive h o u r s and a f or ecas t o f

s t a g na t i o n f or t he f o ll o win g t welve (12) h o u r s is

r eceived.

-- or -- The r ed ale rt A QI value is equaled or exceeded as t he

a r i t hme t ic mean f or t hi rt ysix (36) c o nsecu t ive h o u r s and a f or ecas t o f s t a g na t i o n f or t he f o ll o win g t welve (12) h o u r s is r eceived.source(s) that initiated the alert, individual abatement actions which will help alleviate the problem, and encourage those with respiratory ailments or heart conditions to take the most appropriate and expedient precautions; E. The director shall request very emphatically through the news media that all unnecessary use of automobiles be restricted and that all entertainment functions and facilities be closed; and F. No open burning will be allowed anywhere within the affected area.] 

## Page 906 Proposed Rules June 17, 2013 Vol. 38, No. 12



## Table C

P roc edu r es

Red (151-200) Pu r ple (201-300) Ma roo n (301-500)

The gene r al publ ic shall be i n for med th ro ugh the news med i a that an ale r t of

th i s le v el ex i sts, the ge o g r aph ic al

a r ea(s) whe r e the ale r t i s appl ic able, the em i ss io n and type of s o u rc e(s) that i n i t i ated the ale r t, i nd ivi dual abatement a c t io ns that w i ll help alle vi ate the p ro blem, and en co u r age th o se w i th r esp ir at or y a i lments or hea r t co nd i t io ns t o take the m o st
app ro p ri ate and exped i ent
p r e c aut io ns. The gene r al publ ic shall be i n for med th ro ugh the news med i a that an ale r t of

th i s le v el ex i sts, the ge o g r aph ic al

a r ea(s) whe r e the ale r t i s appl ic able, the em i ss io n and type of s o u rc e(s) that i n i t i ated the ale r t, i nd ivi dual abatement a c t io ns that w i ll help alle vi ate the p ro blem, and en co u r age th o se w i th r esp ir at or y a i lments or hea r t co nd i t io ns t o take the m o st
app ro p ri ate and exped i ent
p r e c aut io ns. The gene r al publ ic shall be i n for med th ro ugh the news med i a that an ale r t of

th i s le v el ex i sts, the ge o g r aph ic al

a r ea(s) whe r e the ale r t i s appl ic able, the em i ss io n and type of s o u rc e(s) that i n i t i ated the ale r t, i nd ivi dual abatement a c t io ns that w i ll help alle vi ate the p ro blem, and en co u r age th o se w i th r esp ir at or y a i lments or hea r t co nd i t io ns t o take the m o st
app ro p ri ate and exped i ent
p r e c aut io ns.

A ll a ff e c ted g ov e r nmental co nt ro l
agen ci es shall be n o t ifi ed of the

ex i st i ng ale r t le v el and that

coor d i nat io n of a c t io n i s r equ ir ed. A ll a ff e c ted g ov e r nmental co nt ro l
agen ci es shall be n o t ifi ed of the

ex i st i ng ale r t le v el and that

coor d i nat io n of a c t io n i s r equ ir ed. A ll a ff e c ted g ov e r nmental co nt ro l
agen ci es shall be n o t ifi ed of the

ex i st i ng ale r t le v el and that

coor d i nat io n of a c t io n i s r equ ir ed.

A ll h o sp i tals w i th i n the a ff e c ted a r ea shall be n o t ifi ed of the ex i st i ng ale r t le v el and be p r epa r ed for an i n cr ease i n the numbe r of pat i ents seek i ng t r eatment. A ll h o sp i tals w i th i n the a ff e c ted a r ea shall be n o t ifi ed of the ex i st i ng ale r t le v el and be p r epa r ed for an i n cr ease i n the numbe r of pat i ents seek i ng t r eatment. A ll h o sp i tals w i th i n the a ff e c ted a r ea shall be n o t ifi ed of the ex i st i ng ale r t le v el and be p r epa r ed for an i n cr ease i n the numbe r of pat i ents seek i ng t r eatment.

The fr equen c y of a ir m o n i t ori ng shall be i n cr eased at all m o n i t ori ng stat io ns that a r e n o t co nt i nu o us at i nte rv als n o t

ex c eed i ng o ne (1) h o u r w i th co nt i nual h o u r ly r e vi ew at a c ent r al co nt ro l l oc at io n, if th i s equ i pment i s a v a i lable and i t i s deemed ne c essa r y by the d ir e c t or
. The fr equen c y of a ir m o n i t ori ng shall be i n cr eased at all m o n i t ori ng stat io ns that a r e n o t co nt i nu o us at i nte rv als n o t

ex c eed i ng o ne (1) h o u r w i th co nt i nual h o u r ly r e vi ew at a c ent r al co nt ro l l oc at io n, if th i s equ i pment i s a v a i lable and i t i s deemed ne c essa r y by the d ir e c t or
. The fr equen c y of a ir m o n i t ori ng shall be i n cr eased at all m o n i t ori ng stat io ns that a r e n o t co nt i nu o us at i nte rv als n o t

ex c eed i ng o ne-hal f (1/2) h o u r w i th

co nt i nual hal f -h o u r r e vi ew at a c ent r al

co nt ro l l oc at io n, if th i s equ i pment i s

a v a i lable and i t i s deemed ne c essa r y by the d ir e c t or
.

A ll o pen bu r n i ng shall c ease th ro ugh o ut the a ff e c ted a r ea. A ll o pen bu r n i ng and i n ci ne r at io n shall c ease th ro ugh o ut the a ff e c ted

a r ea. A ll o pen bu r n i ng and i n ci ne r at io n shall c ease th ro ugh o ut the a ff e c ted

a r ea.

## Page 907 June 17, 2013 Vol. 38, No. 12 

### Missouri Register

The gene r al publ ic shall be r equested th ro ugh the news med i a t o r est ric t the

unne c essa r y use of m o t or v eh ic les. The gene r al publ ic shall be t o ld th ro ugh the news med i a that l oc al

v eh ic ula r t r a ffic shall a voi d c e r ta i n

a r eas and all unne c essa r y use of m o t or

v eh ic les i s r est ric ted. N o nl oc al

v eh ic ula r t r a ffi c may be d iv e r ted

a ro und the a ff e c ted a r ea depend i ng up o n wh ic h p o llutant(s) c aused the

ex i st i ng co nd i t io ns. The use of m o t or v eh ic les i s p ro h i b i ted

ex c ept i n eme r gen ci es w i th the
app rov al of l oc al or state p o l ic e.

Ai r lines o pe r at in g w i th in th e pu r ple ale rt a r ea s h all be n ot ified th a t tho se

co ndi t i o ns e x is t and th at a r edu ct i o n o f fli ght s o u t o f th e ai r p ort m a y be

r e q ui r ed

. All ai r plane fli ght s or i g in a t in g w i th in th e a r ea o f th e m a roo n e m e rg en cy ale rt s h all be c an c elled

.

If

r e q ues t ed b y th e di r e ctor, fa c ili t ies th a t a r e s o u rc es o f ai r co n t a m inan t

e m issi o ns a r e r e q ui r ed to file ale rt plans in a ccor dan c e w i th se ct i o n ( 4 ) o f th is r ule and s h all be p r epa r ed to i m ple m en t th e plan up o n n ot ifi c at i o n b y th e di r e ctor in th e even t o f a pu r ple ale rt. If r e q ues t ed b y th e di r e ctor, fa c ili t ies th at a r e s o u rc es o f ai r co n t a m inan t

e m issi o ns a r e r e q ui r ed to file ale rt plans in a ccor dan c e w i th se ct i o n ( 4 ) o f th is r ule and s h all be p r epa r ed to i m ple m en t th e plan up o n n ot ifi c a t i o n b y th e di r e ctor in th e even t o f a

m a roo n e m e rg en cy ale rt.

All pla c es o f e m pl oym en t des cr ibed as f o ll ow s s h all i mm edia t el y c ease

o pe r at i o n du r in g a m a roo n e m e rg en cy ale rt: m inin g and q ua rry in g; co n tr a ct

co ns tr u ct i o n work; who lesale tr ade

es t ablis hm en t s ; s choo ls an d lib r a r ies ; go ve r n m en t al a g en c ies e xc ep t tho se needed to ad m inis t e r th e ai r p o llu t i o n ale rt p rogr a m and oth e r essen t ial

a g en c ies de t e rm ined b y th e di r e ctor to be vi t al f or publi c safe ty and w elfa r e and needed to ad m inis t e r th e p ro visi o ns o f th is r ule ; r e t ail tr ade

s tor es e xc ep t tho se dealin g p r i m a r il y in sale o f f oo d or p h a rm a c ies ; ban k s , r eal

es t a t e a g en c ies , insu r an c e o ffi c es , and si m ila r business ; laund r ies , c leane r s and d ry e r s , beau ty and ba r be r s ho ps , and p hotogr ap h i c s t udi o s ; a m use m en t,

r e cr eat i o nal , g a m in g, and

en t e rt ain m en t se r vi c e es t ablis hm en t s ;

au tomo bile r epai r and au tomo bile

se r vi c e g a r a g es ; and adve rt isin g

o ffi c es , co nsu m e r cr edi t r ep ort in g, ad

j us tm en t and co lle ct i o n a g en c ies , p r in t in g and dupli c a t in g se r vi c es , r en t al a g en c ies , and comm e rc ial
t es t in g lab or a tor ies

.

All m anufa ct u r in g fa c ili t ies e xc ep t tho se r e q ui r ed to sub m i t ale rt plans

s h all ins t i t u t e a ct i o n th at w ill r esul t in

m a x i m u m r edu ct i o n o f ai r

co n t a m inan t s f rom th ei r o pe r a t i o ns b y

c easin g, c u rt ailin g, or p o s t p o nin g

o pe r at i o ns to th e e xt en t p o ssible

w i tho u t c ausin g in j u ry to pe r s o ns or da m a g e to e q uip m en t.[(D) Purple Alert1. Purple alert procedures shall be initiated by the director if the following conditions are met: A. An Air Stagnation Advisory is in effect; and B. The purple alert AQI value is equaled or exceeded at any one (1) monitoring station within the affected area. 2. The purple alert also can be initiated if—

A. The purple alert AQI value is equaled or exceeded as the arithmetic mean for twelve (12) consecutive hours and an Air Stagnation Advisory is in effect; or B. The red alert AQI value is equaled or exceeded as the arithmetic mean for twenty-four (24) consecutive hours and a forecast of stagnation for the following twelve (12) hours is received. 3. The following are purple alert procedures:

A. All affected governmental control agencies shall benotified that purple alert conditions exist and that coordination of action is required;B. All hospitals within the affected area shall be notified that purple alert conditions exist; C. The frequency of air monitoring shall be increasedat all monitoring stations which are not continuous at intervals not exceeding one (1) hour with continual hourly review at a central control location, if this equipment is available and it is deemed necessary by the director; D. The general public shall be informed through the news media that a purple alert exists, the geographical area(s) where the alert is applicable, the emission and type of source(s) that initiate the alert, individual abatement actions which will help alleviate the problem and encourage those with respiratory ailments or heart conditions to take the most appropriate and expedient precautions; E. Airlines operating within the purple alert area shall be notified that those conditions exist and that a reduction of flights out of the airport may be required; F. Nonlocal vehicular traffic may be diverted around the purple alert area depending upon which pollutant(s) caused the alert; G. Local vehicular traffic, through the news media, shall be told to avoid certain areas and emphatically told to restrict nonessential trips; H. All incineration and open burning shall cease throughout the area; andI. Facilities which are sources of air contaminant emissions and are required to file approved alert plans with the director for purple alert conditions shall initiate these plans upon notification by the director (see paragraph (3)(D)4.). 4. Purple alert plan objectives. AQI breakpoints from two hundred one to three hundred (201–300). A. Air contaminant source. Electric power generating facilities—requirements for plan.(I) Reduction of emission by utilization of fuels having low ash and sulfur content. Soot blowing and boiler lancing to be allowed only during periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.). (II) Reduction of emissions by diverting electric power generation to facilities outside of area for which the alert is called. B. Air contaminant source. Process steam generating facilities—requirements for plan. (I) Reduction of emissions by utilization of fuels having low ash and sulfur content. Soot blowing and boilerlancing to be allowed only during periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.). (II) Reduction of steam load demands consistent with continuing the operation of the plant. C. Air contaminant source. Manufacturing industries of the following Standard Industrial Classification Manual (SIC) group designations: grain industries, group 20; paper and allied products industries, group 26; chemicals and allied products industries, group 28; petroleum refining and related industries, group 29; stone, glass, clay and concrete product industries, group 32; primary metal industries, group 33—requirements for plan. (I) Curtailing, postponing or deferring productionand allied operations. Stopping all trade waste disposal practices which emit particles, gases, vapors or malodorous substances including incineration. (II) Reducing heat load demands for processing to a minimum.D. Air contaminant source. Other manufacturing facilities required to submit alert plans by the director—requirements for plan.(I) Reduction of air contaminant emissions by curtailing or deferring production and allied operations. Stoppage of all trade waste disposal practices which emit particles, gases, vapors or malodorous substances including incineration. (II) Reduction of heat load demands for processing to a minimum.E. Air contaminant source. Private, public and commercial refuse disposal operations—requirement for plan. (I) Stoppage of all open burning including disposal of trees and burning at fire-fighting schools, except asrequired for disposal of hazardous materials or other emergency needs. (II) Operation of incinerators shall be limited to the hours between 10:00 a.m. and 2:00 p.m.F. Air contaminant source. Transportation—requirement for plan. The unnecessary operation of any motor vehicle should be restricted.

(E) Maroon Emergency Alert. 1. Maroon emergency alert procedures shall be initiated by the director, if the following conditions are met: A. An Air Stagnation Advisory is in effect; and B. The maroon emergency alert AQI value is equaled or exceeded at any one (1) monitoring station within the advisory area.2. The maroon emergency procedures can also be initiated if— A. The maroon emergency alert AQI value is equaledor exceeded as the arithmetic mean of twelve (12) consecutive hours and a forecast of stagnation for the following twelve (12) hours is received; B. The purple alert AQI value is equaled or exceeded as the arithmetic mean for twenty-four (24) hours and a forecast of stagnation for the following twelve (12) hours is received; or C. The red alert AQI value is equaled or exceeded as the arithmetic mean for thirty-six (36) hours and a forecast of stagnation for the following twelve (12) hours is received.3. The following are maroon emergency alert procedures: A. All affected governmental control agencies shall benotified that a maroon emergency alert exists and that coordination of action is required;B. All hospitals within the affected area shall be notified that a maroon emergency alert exists and to be so prepared; C. The frequency of air monitoring shall be increasedat all monitoring stations which are not continuous at intervals not exceeding one-half (1/2) hour with continual halfhour review at a central control location, if this equipment is available and it is deemed necessary by the director;D. Open burning and incineration shall cease throughout the area; E. Facilities which are sources of air contaminant emissions and are required to have filed approved plans with 

## Page 908 Proposed Rules June 17, 2013 Vol. 38, No. 12the director shall initiate these plans upon notification by the director or his/her representative that air pollution emergency conditions exist (see paragraph (3)(E)4.); F. The use of motor vehicles is prohibited except in emergencies with the approval of local or state police; G. All manufacturing facilities except those listed in subparagraph (3)(E)3.E. shall institute action that will resultin maximum reduction of air contaminants from their operations by ceasing, curtailing or postponing operations to the extent possible without causing injury to persons or damage to equipment; H. All airplane flights originating within the area of the maroon emergency alert shall be cancelled; I. All places of employment described as followsimmediately shall cease operation during the maroon emergency alert: (I) Mining and quarrying; (II) Contract construction work; (III) Wholesale trade establishments; (IV) Schools and libraries; (V) Governmental agencies except those needed to administer air pollution alert program and other essential agencies determined by the director to be vital for public safety and welfare and needed to administer the provisions of this rule;(VI) Retail trade stores except those dealing primarily in sale of food or pharmacies; (VII) Banks, real estate agencies, insurance offices and similar business; (VIII) Laundries, cleaners and dryers, beauty and barber shops and photographic studios;(IX) Amusement, recreational, gaming and entertainment service establishments; (X) Automobile repair and automobile service garages; and (XI) Advertising offices, consumer credit reporting, adjustment and collection agencies, printing and duplicatingservices, rental agencies and commercial testing laboratories; and J. The general public shall be informed through thenews media that a maroon emergency alert exists, the geographical area(s) where the alert is applicable, the emission and type of source(s) that initiated the alert, individual abatement actions which will help alleviate the problem andencourage those with respiratory ailments or heart conditions to take the most appropriate and expedient precautions.4. Maroon emergency alert plan objectives. AQI breakpoints from three hundred one to four hundred (301–400).All purple alert plans shall be continued. In addition, the following measures shall be taken: A. Air contaminant source. Process steam generating facilities—requirements for plan. (I) Maximum reduction of air contaminant emissionsby utilization of fuels having the lowest ash and sulfur content. (II) Maximum utilization of periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.) for soot blowing and boiler lancing. Prepare to implement the emergency plan submitted to the director. B. Air contaminant source. Manufacturing industries of the following SIC group designations: grain industries, group 20; paper and allied products industries, group 26; chemical and allied products industries, group 28; petroleum refining and related industries, group 29; stone, glass, clay and concrete product industries, group 32; primary metals industries, group 33—requirements for plan. (I) Maximum reduction of air contaminant emissions by, if necessary, postponing production and allied operations. (II) Maximum reduction of heat load demands forprocessing. Prepare to implement the emergency plan submitted to the director;C. Air contaminant source. Other manufacturing facilities required to submit alert plans by the director—requirement for plan. Maximum reduction of air contaminant emissions, if necessary, by postponing production and allied operations;D. Air contaminant source. Private, public and commercial refuse disposal operations—requirement for plan. Stop operation of all incinerators; andE. Air contaminant source. Transportation—requirement for plan. Car pools and public transportation must be used in place of unnecessary motor vehicle operation.5. Maroon emergency alert plan objectives. AQI breakpoints from four hundred one to five hundred (401–500). All purple alert plans and maroon emergency alert plan from AQI breakpoints three hundred one to four hundred (301–400) shall be continued. In addition, the following measures shall be taken: A. Air contaminant source. Process steam generating facilities—requirements for plan. (I) Maximum reduction of air contaminant emissionsby reducing heat and steam load demands to values consistent with preventing equipment damage.(II) Maximum utilization of periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.) for soot blowing and boiler lancing; B. Air contaminant source. Manufacturing industries of the following SIC group designations: grain industries, group 20; paper and allied products industries, group 26;chemicals and allied products industries, group 28; petroleum refining and related industries, group 29; stone, glass,clay and concrete product industries, group 32; primary metals industries, group 33—requirement for plan. Elimination ofair contaminant from the manufacturing operations by ceasing, curtailing, postponing or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment;C. Air contaminant source. Other manufacturing facilities required to submit alert plans by the director—requirements for plan. (I) Elimination of air contaminant emissions fromthe manufacturing operations by ceasing, curtailing, postponing, or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment. (II) Maximum reduction of heat load demands for processing;D. Air contaminant source. Private, public and commercial operations—requirement for plan. The followingplaces of employment, if notified by the director, immediately shall cease operations: mining and quarrying operations; construction projects except as required to avoid emergent physical harm; manufacturing establishments except those required to have in force an air pollution alert plan; wholesale trade establishments; governmental units, except as required to implement the provisions of this rule and other operations essential to immediate protection ofthe public welfare and safety; retail trade and service establishments except pharmacies, food stores and other similar operations providing for emergency needs; other commercialservice operations, such as those engaged in banking, insurance, real estate, advertising, and the like; educational institutions; and amusement, recreational, gaming, and entertainment facilities;E. Air contaminant source. Transportation—requirement for plan. Motor vehicles shall only be used for private and public emergency needs.] 

## Page 909 June 17, 2013 Vol. 38, No. 12 

### Missouri Register(4) Reporting and Record Keeping. Facilities [which] that are sources of air contaminant emissions and required to file [approved] alert plans per [paragraphs (3)(D)4., (3)(E)4., and (3)(E)5.] Table C of this rule shall file [approved] purple and maroon alert plans with the director within sixty (60) days [with the director after  request by the director to submit alert plans] of the director’s request

. Alert plans shall—

(A) Address the objectives provided in Tables D, E, and F; and (B) Include the planning necessary for implementation.Updated alert plans shall be provided when changes to operations necessitate amending the alert plan. 

## Page 910 Proposed Rules June 17, 2013 Vol. 38, No. 12



## Table D Pu r ple Ale rt (201-300) Plan Ob j e ct ives So u rc es Ob j e ct ives Electric power generating facilities Reduction of emissions by diverting electric power generation to facilities outside of area for which the alert is called.

If applicable, reduce emissions by utilization of fuels having low ash and sulfur content. If applicable, soot blowing and boiler lancing to be allowed only during periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.).

Process steam generating facilities Reduction of steam load demands consistent with continuing the operation of the plant.

If applicable, reduce emissions by utilization of fuels having low ash and sulfur content. If applicable, soot blowing and boiler lancing to be allowed only during periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.).

Manufacturing industries of the following Standard Industrial Classification Manual (SIC) group designations: grain industries, group 20; paper and allied products industries, group 26; chemicals and allied products industries, group 28; petroleum refining and related industries, group 29; stone, glass, clay, and concrete product industries, group 32; primary metal industries, group 33 Reduction of heat load demands for processing to a minimum.

Reduction of air contaminant emissions by curtailing, postponing, or deferring production and allied operations. Stoppage of all trade waste disposal practices that emit particles, gases, vapors, or malodorous substances including incineration.

Other manufacturing facilities required to submit alert plans by the director Reduction of heat load demands for processing to a minimum.

Reduction of air contaminant emissions by curtailing, postponing, or deferring production and allied operations. Stoppage of all trade waste disposal practices that emit particles, gases, vapors, or malodorous substances including incineration.

Private, public, and commercial operations For refuse disposal, stoppage of all open burning including disposal of trees and burning at fire-fighting schools, except as required for disposal of hazardous materials or other emergency needs.

For refuse disposal, operation of incinerators shall cease per Table C of this rule.

Transportation See Table C of this rule for motor vehicle restrictions.

## Page 911 June 17, 2013 Vol. 38, No. 12 

### Missouri Register



## Table E Ma roo n E m e rg en cy Ale rt (301- 4 00) Plan Ob j e ct ives So u rc es Ob j e ct ives

Ele ctr i c po we r g ene r a t in g f a c ili t ies R e d u ct i o n of e m issi o ns b y d ive rt in g ele ctr i c po we r g ene r a t i o n to f a c ili t ies o u t si d e of a r ea for whi c h t he ale rt is c alle d

.

If applicable, reduce emissions by utilization of fuels having low ash and sulfur content. If applicable, soot blowing and boiler lancing to be allowed only during periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.).

P roc ess s t ea m g ene r a t in g f a c ili t ies If applicable, obtain maximum reduction of air contaminant emissions by utilization of fuels having the lowest ash and sulfur
content.

If applicable, maximize use of periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.) for soot blowing and boiler lancing.

Manu f a ct u r in g in d us tr ies of t he fo ll o win g St an d a rd I n d us tr ial Classi f i c a t i o n Manual ( SI C) gro u p d esi g na t i o ns: gr ain in d us tr ies, gro u p 2 0; p a p e r an d allie d prod u ct s in d us tr ies, gro u p 2 6; c he m i c als an d allie d prod u ct s in d us tr ies, gro u p 2 8; p e tro leu m

r e f inin g an d r ela t e d in d us tr ies, gro u p 2 9; s to ne, g lass,

c la y , an d co n cr e t e prod u ct in d us tr ies, gro u p 3 2 ; pr i m a ry m e t al in d us tr ies, gro u p 33 Maximum reduction of heat load demands for processing.

Maximum reduction of air contaminant emissions by, if necessary, postponing production and allied operations. Stoppage of all trade waste disposal practices that emit particles, gases, vapors, or malodorous substances including incineration.

O t he r m anu f a ct u r in g f a c ili t ies r equi r e d to sub m i t ale rt
p lans b y t he d i r e ctor Maximum reduction of heat load demands for processing.

Maximum reduction of air contaminant emissions by, if necessary, postponing production and allied operations. Stoppage of all trade waste disposal practices that emit particles, gases, vapors, or malodorous substances including incineration.

P r iva t e, p ubli c , an d comm e rc ial op e r a t i o ns For refuse disposal, stoppage of all open burning including disposal of trees and burning at fire-fighting schools, except as required for disposal of hazardous materials or other emergency needs.

For refuse disposal, operation of incinerators shall cease per Table C of this rule.

T r ans port a t i o n See Table C of this rule for motor vehicle restrictions.

## Page 912 Proposed Rules June 17, 2013 Vol. 38, No. 12



## Table F Ma roo n E m e rg en cy Ale rt ( 4 01-500) Plan Ob j e ct ives So u rc es Ob j e ct ives Electric power generating facilities Reduction of emissions by diverting electric power generation to facilities outside of area for which the alert is called.

If applicable, reduce emissions by utilization of fuels having low ash and sulfur content. If applicable, soot blowing and boiler lancing to be allowed only during periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.).

Process steam generating facilities Maximum reduction of air contaminant emissions by reducing heat and steam load demands to values consistent with preventing equipment damage.

If applicable, maximize use of periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.) for soot blowing and boiler lancing.

Manufacturing industries of the following Standard Industrial Classification Manual (SIC) group designations: grain industries, group 20; paper and allied products industries, group 26; chemicals and allied products industries, group 28; petroleum refining and related industries, group 29; stone, glass, clay, and concrete product industries, group 32; primary metal industries, group 33 Maximum reduction of heat load demands for processing.

Elimination of air contaminant emissions from the manufacturing operations by ceasing, curtailing, postponing, or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment.

Other manufacturing facilities required to submit alert plans by the director Maximum reduction of heat load demands for processing.

Elimination of air contaminant emissions from the manufacturing operations by ceasing, curtailing, postponing, or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment.

Private, public, and commercial operations For refuse disposal, stoppage of all open burning including disposal of trees and burning at fire-fighting schools, except as required for disposal of hazardous materials or other emergency needs.

For refuse disposal, operation of incinerators shall cease per Table C of this rule.

The following places of employment, if notified by the director, immediately shall cease operations: mining and quarrying operations; construction projects except as required to avoid emergent physical harm; manufacturing establishments except those required to have in force an air pollution alert plan; wholesale trade establishments; governmental units, except as required to implement the provisions of this rule and other operations essential to immediate protection of the public welfare and safety; retail trade and service establishments except pharmacies, food stores, and other similar operations providing for emergency needs; other commercial service operations, such as those engaged in banking, insurance, real estate, advertising, and the like; educational institutions; and amusement, recreational, gaming, and entertainment facilities.

Transportation See Table C of this rule for motor vehicle restrictions.AUTHORITY: section 643.050, RSMo [2000] Supp. 2012 . Original rule filed May 11, 1984, effective Oct. 11, 1984. Amended: Filed Jan. 5, 1988, effective April 28, 1988. Amended: Filed March 13, 2002, effective Nov. 30, 2002. Amended: Filed Sept. 24, 2009, effective May 30, 2010. Amended: Filed May 7, 2013.

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

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

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin at 9:00 a.m July 24, 2013. 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., July 31, 2013. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102-0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.



### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 20—Clean Water Commission Chapter 7—Water Quality

PROPOSED AMENDMENT

10 CSR 20-7.015 Effluent Regulations . The department is amending sections (1), (2), (3), (4), (5), (6), and subsection (7)(A), and sections (8) and (9).

PURPOSE: This amendment will 1) update bacteria limits and monitoring requirements; 2) revise language regarding “bypasses” to align with federal definition; 3) require quarterly effluent monitoring of nutrient concentrations at large wastewater treatment facilities; 4)provide clarification regarding whole effluent toxicity testing requirements; 5) allow for electronic reporting via web-based systems (once available); 6) include provisions for developing effluent limits with regard to several situations such as discharges to impaired waters, tiered limits which allow higher discharge concentrations during higher stream flow rates, and the use of local stream data to adjusteffluent limits; 7) reduce monitoring frequency for facilities that consistently comply with effluent limits; 8) eliminate schedule to comply with phosphorus effluent limits for discharges to Table Rock Lake and Lake Tanycomo because the dates have already passed; 9) require limits for the discharge of nitrates that may impact specific drinking water wells; 10) specify that operating permits may include schedules of compliance in accordance with federal regulations; 11) revert to pH effluent limits that were in a previous version of the regulation; 12) allow alternate compliance points for discharges to subsurface waters; and 13) reorganize and clarify several elements of the rule.

(1) Designations of Waters of the State.

(A) For the purpose of this rule, the waters of the state are divided into the following categories: 1. The Missouri and Mississippi Rivers (section (2) of this rule) ; 2. Lakes and reservoirs, including natural lakes and any impoundments created by the construction of a dam across any waterway or watershed. An impoundment designed for or used as a disposal site for tailings or sediment from a mine or mill shall be considered a wastewater treatment device and not a lake or reservoir.Releases to lakes and reservoirs include discharges into streams onehalf (1/2) stream mile (.80 km) before the stream enters the lake as measured to its normal full pool (section (3) of this rule) ; 3. A losing stream is a stream which distributes thirty percent (30%) or more of its flow through natural processes such as through permeable geologic materials into a bedrock aquifer within two (2) miles [’] flow distance downstream of an existing or proposed discharge. Flow measurements to determine percentage of water loss must be corrected to approximate the seven (7)-day Q 10 stream flow. If a stream bed or drainage way has an intermittent flow or a flowinsufficient to measure in accordance with this rule, it may be determined to be a losing stream on the basis of channel development, valley configuration, vegetation development, dye tracing studies,bedrock characteristics, geographical data, and other geological factors. Only discharges which in the opinion of the Missouri Department of Natural Resources (department) reach the losing section and which occur within two (2) miles upstream of the losing section of the stream shall be considered releases to a losing stream. A list of known losing streams is available in the Water Quality Standards, 10 CSR 20-7.031 Table J—Losing Streams. Other streams may be determined to be losing by the department (section (4) of this rule) ; 4. Metropolitan no-discharge streams. These streams and the limitations on discharging to them are listed in [the commission’s Water Quality Standards] Table F of 10 CSR 20-7.031 Water Quality Standards . This rule shall in no way change, amend, or be construed to allow a violation of the existing or future water quality standards (section (5) of this rule) ; 5. Special streams— [wild and scenic rivers, Ozark National Scenic Riverways,] Outstanding National Resource Waters and Outstanding State Resource Waters , as listed in Tables D and E of 10 CSR20-7.031(section (6) of this rule) ; 6. Subsurface waters in aquifers (section (7) of this rule) ; and 7. All other waters except as noted in paragraphs (1)(A)1.–6. of this rule (section (8) of this rule)

.

(B) Sections (2) though (8) of this rule establish requirements for discharges to the waters specified in these sections, and the requirements of section (9) of this rule apply to all discharges.The requirements of this rule do not apply to stormwater discharges; effluent limits for stormwater discharges are prescribed in 10 CSR 20-6.200 Storm Water Regulations.

(2) Effluent Limitations for the Missouri and Mississippi Rivers. The following limitations represent the maximum amount of pollutants which may be discharged from any point source, water contaminant source, or wastewater treatment facility.

(A) Discharges from wastewater treatment facilities which receive primarily domestic waste or from publicly-owned treatment works(POTWs) shall undergo treatment sufficient to conform to the following limitations: 1. Biochemical Oxygen Demand 5 (BOD 5 ) and Total SuspendedSolids (TSS) equal to or less than a monthly average of thirty milligrams per liter (30 mg/L) and a weekly average of forty-five milligrams per liter (45 mg/L); 2. pH shall be maintained in the range from six [and one-half] to nine [(6.5–9.0)] (6

– 9) standard units; 3. Exceptions to paragraphs (2)(A)1. and 2. of this rule are as follows: A. If the facility is a wastewater lagoon, the TSS shall be equal to or less than a monthly average of eighty milligrams per liter (80 mg/L) and a weekly average of one hundred twenty milligrams per liter (120 mg/L) and the pH shall be maintained above six [and one-half (6.5)] 6.0 , and the BOD 5 shall be equal to or less than a monthly average of forty-five milligrams per liter (45 mg/L) and a weekly average of sixty-five milligrams per liter (65 mg/L); B. If the facility is a trickling filter plant the BOD 5 and TSSshall be equal to or less than a monthly average of forty-five milligrams per liter (45 mg/L) and a weekly average of sixty-five milligrams per liter (65 mg/L); 

## Page 913 June 17, 2013 Vol. 38, No. 12 

### Missouri Register

### 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 10-6.070 New Source Performance Regulations is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on June 17, 2013 (38 MoReg 898–899). 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 Natural Resources’ Air Pollution Control Program received no comments on the proposed amendment.



### 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 10-6.075 Maximum Achievable Control Technology Regulations is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on June 17, 2013 (38 MoReg 899–902). 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 Natural Resources’ Air Pollution Control Program received no comments on the proposed amendment.



### 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 10-6.080 Emission Standards for Hazardous Air Pollutants is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on June 17, 2013 (38 MoReg 902–903). 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 Natural Resources’ Air Pollution Control Program received no comments on the proposed amendment.



### 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 10-6.130 is amended.

A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on June 17, 2013 (38 MoReg 903–913). Those sections with changes are reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

. 

### 1827 

# Orders of Rulemaking



# T his section will contain the final text of the rules proposedby agencies. The order of rulemaking is required to contain a citation to the legal authority upon which the order of rulemaking is based; reference to the date and page or pages where the notice of proposed rulemaking was published in the Missouri Register ; an explanation of any change betweenthe text of the rule as contained in the notice of proposed rulemaking and the text of the rule as finally adopted, together with the reason for any such change; and the full text of any section or subsection of the rule as adopted which has beenchanged from that contained in the notice of proposed rulemaking. The effective date of the rule shall be not less than thirty (30) days after the date of publication of the revision to the Code of State Regulations

. 

# T he agency is also required to make a brief summary of the general nature and extent of comments submitted in support of or opposition to the proposed rule and a concise summary of the testimony presented at the hearing, if any,held in connection with the rulemaking, together with a concise summary of the agency’s findings with respect to the merits of any such testimony or comments which are opposed in whole or in part to the proposed rule. The ninety- (90-) day period during which an agency shall file its Order of Rulemaking for publication in the Missouri Register begins either: 1) after the hearing on the Proposed Rulemaking is held; or 2) at the end of the time for submission of comments to the agency. During this period, the agency shall file with the secretary of state the order of rulemaking, either putting the proposed rule into effect, with or without further changes, or withdrawing the proposed rule. November 1, 2013 Vol. 38, No. 21 M ISSOURI R EGISTERNovember 1, 2013 Vol. 38, No. 21

SUMMARY OF COMMENTS: The Missouri Department of Natural Resources’ Air Pollution Control Program received four (4) comments from one (1) source: the Boeing Company.

COMMENT #1: The Boeing Company commented in support of theproposed revisions referencing federal Air Quality Index levels, placing general provisions language into tables and clarifying that updated alert plans shall be provided when necessitated by changes to operations. RESPONSE: The department’s Air Pollution Control Program appreciates support for these proposed rule changes intended to enhance accuracy and clarity. No changes have been made to the rule text as a result of this comment.

COMMENT #2: The Boeing Company requested the addition of facility emission thresholds to the rule to set a minimum, below which a facility would not be subject to a request to file an alert plan. The threshold would streamline operating permits so facilities below the threshold would not have this rule as an applicable requirement in their operating permits. Since the activation of purple alert and maroon emergency alert plans is unlikely, the requests for alert plansshould be limited to facilities that could significantly benefit air quality through curtailment of certain activities. RESPONSE: The department’s Air Pollution Control Programacknowledges the benefits of adding emission thresholds and will consider making this change the next time the rule is open for amendment. Since the current rule language closely follows U.S. Environmental Protection Agency (EPA) example rule language, the Air Program would need to work with EPA to ensure that the addition of emissions thresholds would not conflict with federal requirements. While this change would streamline operating permits by relieving some sources of the burden of submitting an emergency alert emissions reduction plan upon request, all sources would remain subject to actionsdeemed necessary by the director and/or commission in order to alleviate or lessen the effects of any emergency condition. No changeshave been made to the rule text at this time as a result of this comment.

COMMENT #3: The Boeing Company requested a mechanism forrescission of an alert plan when the plan becomes outdated or inaccurate due to changes in operations. An example would be if a facility drastically reduced emissions since the original submission of their plan, it would be of little benefit for the director to require implementation of this alert plan, especially when there are othermethods not included in the plan that would be a more effective contribution to remediation of the emergency air pollution episode. RESPONSE AND EXPLANATION OF CHANGE: As a result of this comment, an adjustment was made to section (4) of the rule forrequesting rescissions of facility alert plans when changes to operations necessitate.

COMMENT #4: The Boeing Company commented that this rule is a candidate for the statutorily required rule review for the following reasons: 1) elements of this rule and the EPA’s example regulation on which the rule is based are archaic and do not reflect equipment or practices that exist today; 2) it would be useful to better define the term — affected area—, which appears throughout the rule; and 3) the federal rule allows this rule to be limited to nonattainment area boundaries, but the rule applies statewide. RESPONSE: The Missouri Department of Natural Resources is required by 536.175, RSMo to review all department rules (Title 10 in the Code of State Regulations), including this rule, beginning July 1, 2016. Revisions to this rule may be proposed in the future as a result of the rule review process. Regarding archaic elements of this rule, the Air Pollution Control Program acknowledges that some of the methods to meet emission reduction objectives in this rule may be outdated. Ho wever, the emission reduction objectives in the rule are based on and consistent with the federal example regulation. The language in the proposed rulemaking clarifies that if the listed objectives are not applicable methods, the alert plan shall instead include other applicable methods to achieve equivalent emission reductions in the event of a purple alert or a maroon emergency alert. With regard to the term — affected area —, the Missouri Air Conservation Commission (MACC) or director is required by 643.090, RSMo to protect the public’s health, safety, and welfare from emergency risk levels of air contaminant buildup in any portion of the state makingthe use of discretion necessary. Discretion is needed when determining specific portions of the state needing to be included in the affected area to assure it is protective of the public, which makes it impossible to define an affected area accurately in the rule. This samestatutory requirement also makes the retention of statewide applicability necessary. Retaining statewide applicability allows the MACC or director discretion to address an air pollution purple alert or maroon emergency alert appropriately in order to protect public health, safety, or welfare of citizens across the entire state. It may be necessary to take mitigation measures in an attainment area to address a high air pollution episode occurring within the boundaries of a nonattainment area. Since these alert levels have not occurred to date, it is impossible to anticipate exact mitigation measures that will be necessary to remedy any given situation. No changes have been made to the rule text as a result of this comment.

10 CSR 10-6.130 Controlling Emissions During Episodes of High Air Pollution Potential

(4) Reporting and Record Keeping. Facilities that are sources of air contaminant emissions and required to file alert plans per Table C of this rule shall file purple and maroon alert plans with the director within sixty (60) days of the director’s request. Alert plans shall—

(A) Address the objectives provided in Tables D, E, and F; and (B) Include the planning necessary for implementation. Updates to alert plans, including requests for rescissions, shall be provided when changes to operations necessitate.



### Title 11—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission Chapter 9—Internal Control System

ORDER OF RULEMAKING

By the authority vested in the Missouri Gaming Commission (MGC) under section 313.805, RSMo Supp. 2013, the commission amends a rule as follows:

11 CSR 45-9.106 Minimum Internal Control Standards (MICS)— Chapter F is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on June 3, 2013 (38 MoReg 828). No changes have been made to the Minimum Internal Control Standards (MICS) as incorporated by reference in Chapter F. No changes have been made to the text of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

. SUMMARY OF COMMENTS: A public hearing was held on this proposed amendment on July 10, 2013. No one commented at the public hearing. Mike Winter, Executive Director of the Missouri Gaming Association submitted a written comment expressing supportfor the removal of F §1.03 to allow patrons the ability to use electronic gaming devices as allowed in other gaming jurisdictions. RESPONSE: The commission recognizes the removal of this section places the options for the use of electronic devices with the licensees. No changes have been made to this rule as a result of this comment. 

## Page 1828 Orders of Rulemaking

## 10 CSR 10-6.130 Controlling Emissions During Episodes of **High Air Pollution Potential**

(1) Applicability.

(A) This rule shall apply to all emissions from any source or from any premises **sources and premises throughout the entire state with air emissions that contribute to**  **sulfur dioxide (SO 2**  

## ), carbon monoxide (CO **2** 

## ), ozone (O **3** 

## ), **nitrogen dioxide (NO 2**  

## ), or Particulate Matter—10 Micron **(PM 10**  

## ) and 2.5 Micron (PM **2.5** 

## )

.

(B) The boundaries of the affected area shall be determined at the discretion of the director in accordance with the nature and magnitude of the pollutant concentrations and meteorological conditions that cause the alert.

(2) Definitions

**. Definitions of certain terms specified in this**  **rule may be found in 10 CSR 10-6.020.**

(A) Air pollution alert — The level of an air pollution episode known as an air pollution alert is that condition when the concentration of air contaminants reach the level at which the first stage control actions are to begin.

(B) Air Stagnation Advisory — A special bulletin issued by the National Weather Service entitled “Air Stagnation Advisory,” which is used to warn air pollution control agencies that stagnant atmospheric conditions are expected which could cause increased concentrations of air contaminants near the ground.

(C) Area — For the purpose of this rule, any or all regions within the boundaries of the state of Missouri.

(D) Definitions of certain terms specified in this rule, other than those specified in this rule section, may be found in 10 CSR 10-6.020.

(3) General Provisions.

(A) Air Pollution Alerts.

1. The Air Quality Index shall be reported to the general public on a daily basis by all

## 10 CSR 10-6.130

2 metropolitan statistical areas with a population exceeding three hundred fifty thousand (350,000).

2. Alert levels **for applicable air pollutants** are stated in terms of the Air Quality Index (AQI) as defined in 40 CFR part 58, Appendix G , for sulfur dioxide (SO 2 

## ), carbon monoxide (CO), ozone (O 3 

## ), nitrogen dioxide (NO 2 

## ) and Particulate Matter—10 Micron (PM 10 

## ) and 2.5 Micron (PM 2.5 

## ) . Table A shows the relation of the AQI breakpoint values to equivalent concentrations of air contaminants. All concentrations are averaged over the time period indicated **ranges to alert categories**

.

Table A

BREAKPOINT FOR THE AQI

AQI Alert Category Alert Color Breakpoint Values O 3 (ppm) O 3 (ppm) PM 2.5 (  g/m 3 ) PM 10 (  g/m 3 ) CO (ppm) SO 2 (ppm) NO 2 (ppm)
8-hour 1-hour( 1 ) 24-hour 24-hour 8-hour 24-hour 24-hour

0–50 Good Green 0.000– 0.059 ----- 0.0–15.4 0–54 0.0–4.4 0.000–0.034 ( 2 )

51–100 Moderate Yellow 0.060– 0.075 ----- 15.5–40.4 55–154 4.5–9.4 0.035–0.144 ( 2 )

101–150 Unhealthy for sensitive
groups Orange 0.076– 0.095 0.125–0.164 40.5–65.4 155–254 9.5–12.4 0.145–0.224 ( 2 )

151–200 Unhealthy Red 0.096– 0.115 0.165–0.204 65.5–150.4 255–354 12.5–15.4 0.225–0.304 ( 2 )

201–300 Very Unhealthy Purple 0.116– 0.374 0.205–0.404 150.5–250.4 355–424 15.5–30.4 0.305–0.604 0.65–1.24

301–400 Hazardous Maroon ( 3 ) 0.405–0.504 250.5–350.4 425–504 30.5–40.4 0.605–0.804 1.25–1.64

401–500 Hazardous Maroon ( 3 ) 0.505–0.604 350.5–500.4 505–604 40.5–50.4 0.805–1.004 1.65–2.04



### ( 1 

### ) Areas are generally required to report the AQI based on eight (8)-hour ozone values. However, there are a small number of areas where an AQI based on one (1)-hour ozone values would be more precautionary. In these cases, in addition to calculating the eight (8)-hour ozone index value, the one (1)- hour ozone index value may be calculated, and the maximum of the two (2) values reported.

( 2 

### ) NO 2 

### has no short-term National Ambient Air Quality Standard and can generate an AQI value only above two hundred (200).

( 3 

### ) Eight (8)-hour O 3 

### values do not define higher AQI values (greater than or equal to three hundred one (301)). AQI values of three hundred one (301) or higher are calculated with one (1)-hour O 3 

### concentrations.

## 10 CSR 10-6.130

3 3. Alert types and levels of initiation. **If an AQI value falls within the AQI range listed in Table A**  **of this rule, the corresponding alert color shall be initiated.** 

A. Orange alert AQI value. Any one (1) of the contaminants listed in paragraph (3)(A)2. reaching a concentration which results in an AQI value of one hundred one to one hundred fifty (101–150) shall initiate the orange alert.

B. Red alert AQI value. Any one (1) of the contaminants listed in paragraph (3)(A)2. reaching a concentration which results in an AQI value of one hundred fifty-one to two hundred (151–200) shall initiate the red alert.

C. Purple alert AQI value. Any one (1) of the contaminants listed in paragraph (3)(A)2. reaching a concentration which results in an AQI value of two hundred one to three hundred (201–300) shall initiate the purple alert.

D. Maroon emergency alert AQI value. Any one (1) of the contaminants listed in paragraph (3)(A)2. reaching a concentration which results in an AQI value of three hundred one to five hundred (301–500) shall initiate the maroon emergency alert.

4. Declaration of alerts. An orange alert, red alert, purple alert or maroon emergency alert may be declared on the basis of deteriorating air quality alone; an Air Stagnation Advisory need not be in effect. The appropriate episode status **alert level**  should be declared by the director as ambient monitoring would indicate.

5. Termination of alerts. When, in the judgment of the director, meteorological conditions and pollutant concentrations warrant discontinuance of any alert condition, the director shall notify the technical staff, the chairman and members of the Missouri Air Conservation Commission that the

## 10 CSR 10-6.130

4 alert has been discontinued and issue a public notice to that effect.

(B) Orange Alert **Conditions**

. **This subsection provides conditions that establish alert level categories.** 

1. Orange alert procedures shall be initiated by the director if the following conditions are met:

A. An Air Stagnation Advisory is in effect;

B. The orange alert AQI value is equaled or exceeded at any one (1) monitoring station within the affected area, unless there is a current forecast of meteorological improvement within the next twenty-four (24) hours; and

C. Meteorological conditions are such that the pollutant concentrations can be expected to remain or reoccur at the previously mentioned levels during the next twenty-four (24) or more hours or increase unless control actions are taken.

2. The following are orange alert procedures. The general public shall be informed through the news media that an orange alert exists, the geographical area(s) where the alert is applicable, the emission and type of source(s) that initiated the alert and encourage those with respiratory ailments or heart conditions to take the most appropriate and expedient precautions.

**Table B**

**Conditions for Alert Level Categories**

**Orange (101-150)**  **Red (151-200)**  **Purple (201-300)**  **Maroon (301-500)** 

**This alert level AQI**  **value is equaled or**  **exceeded at This alert**  **level AQI value is equaled or**  **exceeded at any one (1)**  **This alert level AQI value**  **is equaled or exceeded at any**  **one (1) This alert**  **level AQI value is equaled or**  **exceeded at any one (1)** 

## 10 CSR 10-6.130

5 **any one (1) monitoring**  **station within the affected**  **area, unless there is a** 

**current forecast of**  **meteorological improvement**  **within the next twenty**  **four (24) hours.**  -- and -- **Meteorological conditions are**  **such that the conditions can**  **be expected to remain or**  **reoccur in this alert**  **level range during the** **next twenty four (24) or**  **more hours or increase**  **unless control actions are**  **taken. monitoring**  **station within the affected**  **area, unless there is a** 

**current forecast of**  **meteorological improvement**  **within the next twenty**  **four (24) hours.**  -- and -- **Meteorological conditions are**  **such that the conditions can**  **be expected to remain or**  **reoccur in this alert**  **level range during the** **next twenty four (24) or**  **more hours or increase**  **unless control actions are**  **taken. monitoring**  **station within the affected** 

**area. monitoring**  **station within the affected** 

**area.**

-- or -- **This alert level AQI value**  **is equaled or exceeded as the**  **arithmetic mean for twelve (12)**  **consecutive hours and an**  **Air Stagnation Advisory is in**  **effect.** -- or -- **This alert level AQI value**  **is equaled or exceeded as the**  **arithmetic mean for twelve (12)**  **consecutive hours and a**  **forecast of stagnation for**  **the following twelve (12)**  **hours is received.** 

-- or -- **The red alert AQI value is**  **equaled or exceeded as the**  **arithmetic mean for twenty-four**  **(24) consecutive**  **hours and a forecast of**  **stagnation for the following**  **twelve (12)** -- or -- **The purple alert AQI value**  **is equaled or exceeded as the**  **arithmetic mean for twenty-four**  **(24) consecutive**  **hours and a forecast of**  **stagnation for the following**  **twelve (12)**

## 10 CSR 10-6.130

6 **h ours is**  **received. hours is**  **received.**

-- or -- **The red alert AQI value is**  **equaled or exceeded as the**  **arithmetic mean for thirty-six**  **(36) consecutive**  **hours and a forecast of**  **stagnation for the following**  **twelve (12) hours is**  **received.**

(C) Red Alert **Procedures**

. **This subsection establishes procedures for addressing alert level conditions.** 

1. Red alert procedures shall be initiated by the director if the following conditions are met:

A. An Air Stagnation Advisory is in effect;

B. The red alert AQI value is equaled or exceeded at any one (1) monitoring station within the affected area, unless there is a current forecast of meteorological improvement within the next twenty-four (24) hours; and

## 10 CSR 10-6.130

7 C. Meteorological conditions are such that the pollutant concentrations can be expected to remain or reoccur at the previously mentioned levels during the next twenty-four (24) or more hours or increase unless control actions are taken.

2. The following are red alert procedures:

A. All affected governmental control agencies shall be notified that red alert conditions exist and that coordination of action is required;

B. All hospitals within the affected area shall be notified that red alert conditions exist;

C. The frequency of air monitoring shall be increased at all monitoring stations which are not continuous at intervals not exceeding one (1) hour, with continual hourly review at a central control location, if this equipment is available and it is deemed necessary by the director;

D. The general public shall be informed through the news media that a red alert exists, the geographical area(s) where the alert is applicable, the emission and type of source(s) that initiated the alert, individual abatement actions which will help alleviate the problem, and encourage those with respiratory ailments or heart conditions to take the most appropriate and expedient precautions;

E. The director shall request very emphatically through the news media that all unnecessary use of automobiles be restricted and that all entertainment functions and facilities be closed; and

F. No open burning will be allowed anywhere within the affected area.

## 10 CSR 10-6.130

8 **Table C**

**Procedures**

**Red (151-200) Purple (201-300)**  **Maroon (301-500)**

**The general public shall be informed**  **through the news media that an alert**  **of this level exists, the**  **geographical area(s) where the alert is**  **applicable, the emission and type of**  **source(s) that initiated the alert,**  **individual abatement actions that will**  **help alleviate the problem, and**  **encourage those with respiratory ailments**  **or heart conditions to take the most**  **appropriate and expedient**  **precautions. The general public**  **shall be informed through the news**  **media that an alert of this level**  **exists, the geographical area(s)**  **where the alert is applicable, the**  **emission and type of source(s) that**  **initiated the alert, individual abatement**  **actions that will help alleviate the**  **problem, and encourage those with**  **respiratory ailments or heart conditions**  **to take the most appropriate and**  **expedient precautions.**  **The general public shall be informed**  **through the news media that an alert**  **of this level exists, the**  **geographical area(s) where the alert is**  **applicable, the emission and type of**  **source(s) that initiated the alert,**  **individual abatement actions that will**  **help alleviate the problem, and**  **encourage those with respiratory ailments**  **or heart conditions to take the most**  **appropriate and expedient**  **precautions.**

**All affected governmental control**  **agencies shall be notified of the**  **existing alert level and that**  **coordination of action is required.**  **All affected governmental control**  **agencies shall be notified of the**  **existing alert level and that**  **coordination of action is required.**  **All affected governmental control**  **agencies shall be notified of the**  **existing alert level and that**  **coordination of action is required.** 

**All hospitals within the affected area**  **shall be notified of the existing alert**  **level and be prepared for an**  **All hospitals within the affected area**  **shall be notified of the existing alert**  **level and be prepared for an**  **All hospitals within the affected area**  **shall be notified of the existing alert**  **level and be prepared for an** 

## 10 CSR 10-6.130

9 **increase in the number of patients**  **seeking treatment. increase in the**  **number of patients seeking treatment.**  **i ncrease in the**  **number of patients seeking treatment.** 

**The frequency of air monitoring shall be**  **increased at all monitoring stations**  **that are not continuous at**  **intervals not exceeding one (1)**  **hour with continual hourly review at a**  **central control location, if this**  **equipment is available and it is**  **deemed necessary by the director.**  **The frequency of air monitoring shall be**  **increased at all monitoring stations**  **that are not continuous at**  **intervals not exceeding one (1)**  **hour with continual hourly review at a**  **central control location, if this**  **equipment is available and it is**  **deemed necessary by the director.**  **The frequency of air monitoring shall be**  **increased at all monitoring stations**  **that are not continuous at**  **intervals not exceeding one-half**  **(1/2) hour with continual half-hour**  **review at a central control location, if**  **this equipment is available and it is**  **deemed necessary by the director.** 

**All open burning shall cease**  **throughout the affected area.**  **All open burning and incineration shall**  **cease throughout the affected area.**  **All open burning and incineration shall**  **cease throughout the affected area.** 

**The general public shall be requested**  **through the news media to restrict the**  **unnecessary use of motor vehicles.**  **The general public shall be told through**  **the news media that local vehicular**  **traffic shall avoid certain areas and all**  **unnecessary use of motor vehicles is**  **restricted. Nonlocal vehicular traffic may**  **be diverted around the affected area**  **depending upon which pollutant(s) caused**  **the existing conditions.**  **The use of motor vehicles is**  **prohibited except in emergencies with the**  **approval of local or state police.** 

## 10 CSR 10-6.130

10 **Airlines operating within the purple**  **alert area shall be notified that those**  **conditions exist and that a reduction of**  **flights out of the airport may be**  **required. All airplane flights**  **originating within the area of the** 

**maroon emergency alert shall be**  **cancelled.**

**If requested by the director, facilities**  **that are sources of air contaminant**  **emissions are required to file**  **alert plans in accordance with**  **section (4) of this rule and shall be**  **prepared to implement the plan upon**  **notification by the director in the event**  **of a purple alert. If requested by the**  **director, facilities that are sources of**  **air contaminant emissions are**  **required to file alert plans in**  **accordance with section (4) of this**  **rule and shall be prepared to implement**  **the plan upon notification by the**  **d irector in the event** 

**o f**  **a maroon emergency alert.** 

**All places of employment described**  **as follows shall immediately cease**  **operation during a**

**maroon emergency alert: mining and**  **quarrying; contract construction work;**  **wholesale trade establishments;**  **schools and libraries;** 

**gove r**  **nmental agencies except those needed** 
**t o administer the air**  **pollution alert program and other** 

## 10 CSR 10-6.130

11 **e ssential agencies**  **determined by the director to be vital** 
**f or public safety and** 

**w elfare and needed to**  **administer the provisions of this**  **rule; retail trade stores except those**  **dealing primarily in sale of food or**  **pharmacies; banks,**

**r eal estate agencies,**  **insurance offices,**

**a nd similar business;**  **laundries, cleaners and dryers, beauty** 

**a nd barber shops, and**  **photographic studios;**
**amusement,**

**r ecreational, gaming,**  **and entertainment service**  **establishments;**

**a utomobile repair and**  **automobile service garages; and**  **advertising offices, consumer**  **credit reporting, adjustment and**  **collection agencies, printing and**  **d uplicating services,**  **rental agencies, and commercial**  **testing laboratories.**

**All manufacturing facilities except**  **those required to submit alert plans**  **shall institute action that will**  **result in maximum reduction of air** 

## 10 CSR 10-6.130

12 **c ontaminants from**  **their operations by ceasing, curtailing,**  **or postponing operations to the**  **extent possible without causing**  **injury to persons or damage to equipment.** 

(D) Purple Alert.

1. Purple alert procedures shall be initiated by the director if the following conditions are met:

A. An Air Stagnation Advisory is in effect; and

B. The purple alert AQI value is equaled or exceeded at any one (1) monitoring station within the affected area.

2. The purple alert also can be initiated if —

A. The purple alert AQI value is equaled or exceeded as the arithmetic mean for twelve (12) consecutive hours and an Air Stagnation Advisory is in effect; or

B. The red alert AQI value is equaled orexceeded as the arithmetic mean for twentyfour (24) consecutive hours and a forecast of stagnation for the following twelve (12) hours is received.

3. The following are purple alert procedures:

A. All affected governmental control agencies shall be notified that purple alert conditions exist and that coordination of action is required;

B. All hospitals within the affected area shall be notified that purple alert conditions exist;

## 10 CSR 10-6.130

13 C. The frequency of air monitoring shall be increased at all monitoring stations which are not continuous at intervals not exceeding one (1) hour with continual hourly review at a central control location, if this equipment is available and it is deemed necessary by the director; D. The general public shall be informed through the news media that a purple alert exists, the geographical area(s) where the alert is applicable, the emission and type of source(s) that initiate the alert, individual abatement actions which will help alleviate the problem and encourage those with respiratory ailments or heart conditions to take the most appropriate and expedient precautions;

E. Airlines operating within the purple alert area shall be notified that those conditions exist and that a reduction of flights out of the airport may be required;

F. Nonlocal vehicular traffic may be diverted around the purple alert area depending upon which pollutant(s) caused the alert;

G. Local vehicular traffic, through the news media, shall be told to avoid certain areas and emphatically told to restrict nonessential trips;

H. All incineration and open burning shall cease throughout the area; and

I. Facilities which are sources of air contaminant emissions and are required to file approved alert plans with the director for purple alert conditions shall initiate these plans upon notification by the director (see paragraph (3)(D)4.).

4. Purple alert plan objectives. AQI breakpoints from two hundred one to three hundred (201–300).

## 10 CSR 10-6.130

14 A. Air contaminant source. Electric power generating facilities — requirements for plan. (I) Reduction of emission by utilization of fuels having low ash and sulfur content. Soot blowing and boiler lancing to be allowed only during periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.).

(II) Reduction of emissions by diverting electric power generation to facilities outside of area for which the alert is called.

B. Air contaminant source. Process steam generating facilities — requirements for plan.

(I) Reduction of emissions by utilization of fuels having low ash and sulfur content. Soot blowing and boiler lancing to be allowed only during periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.).

(II) Reduction of steam load demands consistent with continuing the operation of the plant.

C. Air contaminant source. Manufacturing industries of the following Standard Industrial Classification Manual (SIC) group designations: grain industries, group 20; paper and allied products industries, group 26; chemicals and allied products industries, group 28; petroleum refining and related industries, group 29; stone, glass, clay and concrete product industries, group 32; primary metal industries, group 33— requirements for plan.

(I) Curtailing, postponing or deferring production and allied operations. Stopping all trade waste disposal practices which emit particles, gases,

## 10 CSR 10-6.130

15 vapors or malodorous substances including incineration.

(II) Reducing heat load demands for processing to a minimum.

D. Air contaminant source. Other manufacturing facilities required to submit alert plans by the director — requirements for plan.

(I) Reduction of air contaminant emissions by curtailing or deferring production and allied operations. Stoppage of all trade waste disposal practices which emit particles, gases, vapors or malodorous substances including incineration.

(II) Reduction of heat load demands for processing to a minimum.

E. Air contaminant source. Private, public and commercial refuse disposal operations — requirement for plan.

(I) Stoppage of all open burning includingdisposal of trees and burning at firefighting schools, except as required for disposal of hazardous materials or other emergency needs.

(II) Operation of incinerators shall be limited to the hours between 10:00 a.m. and 2:00 p.m.

F. Air contaminant source. Transportation — requirement for plan. The unnecessary operation of any motor vehicle should be restricted.

(E) Maroon Emergency Alert.

1. Maroon emergency alert procedures shall be initiated by the director, if the following conditions are met:

A. An Air Stagnation Advisory is in effect; and

## 10 CSR 10-6.130

16 B. The maroon emergency alert AQI value is equaled or exceeded at any one (1) monitoring station within the advisory area.

2. The maroon emergency procedures can also be initiated if —

A. The maroon emergency alert AQI value is equaled or exceeded as the arithmetic mean of twelve (12) consecutive hours and a forecast of stagnation for the following twelve (12) hours is received;

B. The purple alert AQI value is equaled orexceeded as the arithmetic mean for twentyfour (24) hours and a forecast of stagnation for the following twelve (12) hours is received; or

C. The red alert AQI value is equaled orexceeded as the arithmetic mean for thirtysix (36) hours and a forecast of stagnation for the following twelve (12) hours is received.

3. The following are maroon emergency alert procedures:

A. All affected governmental control agencies shall be notified that a maroon emergency alert exists and that coordination of action is required;

B. All hospitals within the affected area shall be notified that a maroon emergency alert exists and to be so prepared;

C. The frequency of air monitoring shall be increased at all monitoring stations which are not continuous at intervals not exceeding one-half (1/2) hour with continual half-hour review at a central control location, if this equipment is available and it is deemed necessary by the director;

## 10 CSR 10-6.130

17 D. Open burning and incineration shall cease throughout the area;

E. Facilities which are sources of air contaminant emissions and are required to have filed approved plans with the director shall initiate these plans upon notification by the director or his/her representative that air pollution emergency conditions exist (see paragraph (3)(E)4.);

F. The use of motor vehicles is prohibited except in emergencies with the approval of local or state police;

G. All manufacturing facilities except those listed in subparagraph (3)(E)3.E. shall institute action that will result in maximum reduction of air contaminants from their operations by ceasing, curtailing or postponing operations to the extent possible without causing injury to persons or damage to equipment;

H. All airplane flights originating within the area of the maroon emergency alert shall be cancelled;

I. All places of employment described as follows immediately shall cease operation during the maroon emergency alert:

(I) Mining and quarrying;

(II) Contract construction work;

(III) Wholesale trade establishments;

(IV) Schools and libraries;

(V) Governmental agencies except those needed to administer air pollution alert program and other essential agencies determined by the director to be vital for public safety and welfare and needed to administer the provisions of this rule;

## 10 CSR 10-6.130

18 (VI) Retail trade stores except those dealing primarily in sale of food or pharmacies;

(VII) Banks, real estate agencies, insurance offices and similar business;

(VIII) Laundries, cleaners and dryers, beauty and barber shops and photographic studios;

(IX) Amusement, recreational, gaming and entertainment service establishments;

(X) Automobile repair and automobile service garages; and

(XI) Advertising offices, consumer credit reporting, adjustment and collection agencies, printing and duplicating services, rental agencies and commercial testing laboratories; and

J. The general public shall be informed through the news media that a maroon emergency alert exists, the geographical area(s) where the alert is applicable, the emission and type of source(s) that initiated the alert, individual abatement actions which will help alleviate the problem and encourage those with respiratory ailments or heart conditions to take the most appropriate and expedient precautions.

4. Maroon emergency alert plan objectives. AQI breakpoints from three hundred one to four hundred (301–400). All purple alert plans shall be continued. In addition, the following measures shall be taken:

A. Air contaminant source. Process steam generating facilities — requirements for plan.

## 10 CSR 10-6.130

19 (I) Maximum reduction of air contaminant emissions by utilization of fuels having the lowest ash and sulfur

content.

(II) Maximum utilization of periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.) for soot blowing and boiler lancing. Prepare to implement the emergency plan submitted to the director.

B. Air contaminant source. Manufacturing industries of the following SIC group designations: grain industries, group 20; paper and allied products industries, group 26; chemical and allied products industries, group 28; petroleum refining and related industries, group 29; stone, glass, clay and concrete product industries, group 32; primary metals industries, group 33— requirements for plan.

(I) Maximum reduction of air contaminant emissions by, if necessary, postponing production and allied operations.

(II) Maximum reduction of heat load demands for processing. Prepare to implement the emergency plan submitted to the director;

C. Air contaminant source. Other manufacturing facilities required to submit alert plans by the director—requirement for plan. Maximum reduction of air contaminant emissions, if necessary, by postponing production and allied operations;

D. Air contaminant source. Private, public and commercial refuse disposal operations — requirement for plan. Stop operation of all incinerators; and

## 10 CSR 10-6.130

20 E. Air contaminant source. Transportation — requirement for plan. Car pools and public transportation must be used in place of unnecessary motor vehicle operation.

5. Maroon emergency alert plan objectives. AQI breakpoints from four hundred one to five hundred (401–500). All purple alert plans and maroon emergency alert plan from AQI breakpoints three hundred one to four hundred (301–400) shall be continued. In addition, the following measures shall be taken:

A. Air contaminant source. Process steam generating facilities — requirements for plan.

(I) Maximum reduction of air contaminant emissions by reducing heat and steam load demands to values consistent with preventing equipment damage.

(II) Maximum utilization of periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.) for soot blowing and boiler lancing;

B. Air contaminant source. Manufacturing industries of the following SIC group designations: grain industries, group 20; paper and allied products industries, group 26; chemicals and allied products industries, group 28; petroleum refining and related industries, group 29; stone, glass, clay and concrete product industries, group 32; primary metals industries, group 33 — requirement for plan. Elimination of air contaminant from the manufacturing operations by ceasing, curtailing, postponing or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment;

C. Air contaminant source. Other manufacturing facilities required to submit alert plans by the director — requirements for plan.

## 10 CSR 10-6.130

21 (I) Elimination of air contaminant emissions from the manufacturing operations by ceasing, curtailing, postponing or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment.

(II) Maximum reduction of heat load demands for processing;

D. Air contaminant source. Private, public and commercial operations — requirement for plan. The following places of employment, if notified by the director, immediately shall cease operations: mining and quarrying operations; construction projects except as required to avoid emergent physical harm; manufacturing establishments except those required to have in force an air pollution alert plan; wholesale trade establishments; governmental units, except as required to implement the provisions of this rule and other operations essential to immediate protection of the public welfare and safety; retail trade and service establishments except pharmacies, food stores and other similar operations providing for emergency needs; other commercial service operations, such as those engaged in banking, insurance, real estate, advertising, and the like; educational institutions; and amusement, recreational, gaming and entertainment facilities;

E. Air contaminant source. Transportation — requirement for plan. Motor vehicles shall only be used for private and public emergency needs.

(4) Reporting and Record Keeping. Facilities which **that** are sources of air contaminant emissions and required to file approved alert plans per paragraphs (3)(D)4., (3)(E)4. and (3)(E)5. **Table C of this rule** shall file approved purple and maroon alert plans **with the director** within sixty (60) days with the director after request by the director to submit alert plans **of the director’s request**

. **Alert plans shall—**

## 10 CSR 10-6.130

22 **(A) Address the objectives provided in Tables D, E, and F; and**  **(B) Include the planning necessary for implementation. Updated alert plans shall be provided when changes to**  **operations necessitate amending the alert plan.**

**T able D**  **Purple Alert (201**

**- 3**  **00) Plan Objectives**

**Sources O**  **bjectives Electric power generating**  **facilities R**  **eduction of emissions by diverting electric power**  **generation to facilities outside of area for which the alert is**  **called.**

**I f applicable, reduce emissions by**  **utilization of fuels having low ash and sulfur content. If**  **applicable, soot blowing and boiler lancing to be allowed only**  **d uring periods of high atmospheric**  **turbulence (12:00 noon to 4:00 p.m.).** 

**Process steam generating facilities**  **R eduction of steam load demands**  **consistent with continuing the operation of the plant.** 

**I f applicable, reduce emissions by**  **utilization of fuels having low ash and sulfur content. If**  **applicable, soot blowing and boiler lancing to be allowed only**  **d uring periods of high atmospheric**  **turbulence (12:00 noon to 4:00 p.m.).** 

**Manufacturing industries of the following Standard**  **Industrial Classification Manual (SIC) group**  **designations: grain industries, group 20; paper**  **and allied products industries, group 26;**  **chemicals and allied products industries, group 28;**  **R eduction of heat load demands for**  **processing to a minimum.**

**R eduction of air contaminant**  **emissions by curtailing, postponing, or deferring**  **production and allied operations. Stoppage of all trade waste**  **disposal practices that emit particles, gases, vapors, or** 

## 10 CSR 10-6.130

23 **petroleum refining and related industries, group 29;**  **stone, glass, clay and concrete product industries,**  **group 32; primary metal industries, group 33**  **malodorous substances including incineration.** 

**Other manufacturing facilities required to submit**  **alert plans by the director R**  **eduction of heat load demands for processing to a minimum.** 

**R eduction of air contaminant**  **emissions by curtailing, postponing, or deferring**  **production and allied operations. Stoppage of all trade waste**  **disposal practices that emit particles, gases, vapors, or**  **malodorous substances including incineration.** 

**Private, public, and commercial operations**  **F or refuse disposal, stoppage of**  **all open burning including disposal of trees and burning at**  **fire-fighting schools, except as required for disposal of hazardous**  **materials or other emergency needs.** 

**F or refuse disposal, operation of**  **i ncinerators shall cease per Table**  **C of this rule.**

**Transportation S**  **ee Table C of this rule for motor vehicle restrictions.** 

**T able E**  **Maroon Emergency Alert (301**

**- 4**  **00) P**  **lan Objectives**

**Sources O**  **bjectives Electric power generating**  **facilities R**  **eduction of emissions by diverting electric power**  **generation to facilities outside of area for which the alert is**  **called.**

**I f applicable, reduce emissions by**  **utilization of fuels having low**

## 10 CSR 10-6.130

24 **a sh and sulfur content. If**  **applicable, soot blowing and boiler lancing to be allowed only**  **d uring periods of high atmospheric**  **turbulence (12:00 noon to 4:00 p.m.).** 

**Process steam generating facilities**  **I f applicable, obtain maximum**  **reduction of air contaminant emissions by utilization of fuels**  **having the lowest ash and sulfur**

**content.**

**I f applicable, maximize use of**  **periods of high atmospheric turbulence (12:00 noon to 4:00**  **p.m.) for soot blowing and boiler lancing.** 

**Manufacturing industries of the following Standard**  **Industrial Classification Manual (SIC) group**  **designations: grain industries, group 20; paper**  **and allied products industries, group 26;**  **chemicals and allied products industries, group 28;**  **petroleum refining and related industries, group 29;**  **stone, glass, clay and concrete product industries,**  **group 32; primary metal industries, group 33**  **Maximum reduction of heat load demands for processing.** 

**Maximum reduction of air contaminant emissions by, if**  **necessary, postponing production and allied operations. Stoppage of** 

**a ll trade waste disposal practices**  **that emit particles, gases, vapors, or malodorous substances**  **including incineration.**

**Other manufacturing facilities required to submit**  **alert plans by the director Maximum reduction of heat load**  **demands for processing.**

**Maximum reduction of air contaminant emissions by, if**  **necessary, postponing production and allied operations. Stoppage of**  **all trade w**  **aste disposal practices that emit particles, gases,**  **vapors, or malodorous substances including incineration.** 

## 10 CSR 10-6.130

25 **Private, public, and commercial operations**  **F or refuse disposal, stoppage of**  **all open burning including disposal of trees and burning at**  **fire-fighting schools, except as**

**r equired for disposal of hazardous**  **materials or other emergency needs.** 

**F or refuse disposal, operation of**  **i ncinerators shall cease per Table**  **C of this rule.**

**Transportation S**  **ee Table C of this rule for motor vehicle restrictions.** 

**T able F**  **Maroon Emergency Alert (401**

**- 5**  **00) Plan Objectives**

**Sources O**  **bjectives Electric power generating**  **facilities R**  **eduction of emissions by diverting electric power**  **generation to facilities outside of area for which the alert is**  **called.**

**I f applicable, reduce emissions by**  **utilization of fuels having low ash and sulfur content. If**  **applicable, soot blowing and boiler lancing to be allowed only**  **d uring periods of high atmospheric**  **turbulence (12:00 noon to 4:00 p.m.).** 

**Process steam generating facilities**  **Maximum reduction of air contaminant emissions by reducing**  **heat and steam load demands to values consistent with preventing**  **equipment damage.**

**I f applicable, maximize use of**  **periods of high atmospheric turbulence (12:00 noon to 4:00** 

## 10 CSR 10-6.130

26 **p.m.) for soot blowing and boiler lancing.** 

**Manufacturing industries of the following Standard**  **Industrial Classification Manual (SIC) group**  **designations: grain industries, group 20; paper**  **and allied products industries, group 26;**  **chemicals and allied products industries, group 28;**  **petroleum refining and related industries, group 29;**  **stone, glass, clay and concrete product industries,**  **group 32; primary metal industries, group 33**  **Maximum reduction of heat load demands for processing.** 

**E limination of air contaminant**  **emissions from the manufacturing**

**o perations by ceasing, curtailing,**  **postponing, or deferring production and allied operations**  **to the extent possible without causing injury to persons or**  **damage to equipment.**

**Other manufacturing facilities required to submit**  **alert plans by the director Maximum reduction of heat load**  **demands for processing.**

**E limination of air contaminant**  **emissions from the manufacturing**

**o perations by ceasing, curtailing,**  **postponing, or deferring production and allied operations**  **to the extent possible without causing injury to persons or**  **damage to equipment.**

**Private, public, and commercial operations**  **F or refuse disposal, stoppage of**  **all open burning including disposal of trees and burning at**  **fire-fighting schools, except as**

**r equired for disposal of hazardous**  **materials or other emergency needs.** 

**F or refuse disposal, operation of**  **i ncinerators shall cease per Table**  **C of this rule.**

**T he following places of**  **employment, if notified by the director, immediately shall cease** 

## 10 CSR 10-6.130

27 **o perations: mining and quarrying**  **operations; construction projects except as required to avoid**  **emergent physical harm; manufacturing establishments**  **except those required to have in**
**f orce an air pollution alert plan;**  **wholesale trade establishments; governmental units, except as**  **required to implement the provisions of this rule and other**  **operations essential to immediate protection of the public welfare**  **and safety; retail trade and service establishments except**  **pharmacies, food stores, and other similar operations providing for**  **emergency needs; other commercial service operations, such as those**  **engaged in banking, insurance, real estate, advertising, and the**  **like; educational institutions; and amusement, recreational,**  **gaming, and entertainment facilities.** 

**Transportation S**  **ee Table C of this rule for motor vehicle restrictions.** 

(5) Test Methods. The testing references for Missouri ambient air quality data are as specified in 10 CSR 10-6.040 Reference Methods.