Jeremiah W Uay) Nixon
, Governor • Sara Park er Pauley
, Director 

# T OF 

# NA T URAL RESOURCES

www .dnr

. mo .gov



## JUL 1 1 2014

Mr. Karl Brooks Regional Administrator U.S. EPA, Region VII 11201 Renner Boulevard Lenexa, KS 66219

Dear 

## Mr. Brooks:

The Missouri Department of Natural Resources requests that the U.S. Environmental Protection Agency amend the Missouri State Implementation Plan (SIP) to replace the following current rule(s) in the SIP.

10 CSR 10-6.010 Ambient Air Quality Standards

This amendment updates the standards for ambient air quality throughout Missouri in order to reflect recent changes in the National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM 2

. 5 ), 

## nitrogen dioxide (N02), and sulfur dioxide (S02); reorganizes the standards table for clarity; and updates the rule purpose statement to more accurately reflect the rule. The Clean Air Act (CAA) requires periodic reviews of the air quality criteria, the science upon which the standards are based, and the NAAQS themselves. As a result of federal review, the U.S. Environmental Protection Agency has recently updated the PM 2

. 5 , 

## N0 2 , and S02 NAAQS, and this rulemaking revises these values in the state rule for consistency.

The Missouri Air Conservation Commission adopted the enclosed rule action on March 27, 2014. The commission has full legal authority to develop rules pursuant to Section 643.050 of the Missouri Air Conservation Law. The state followed all applicable administrative procedures in proposing and adopting the rule action.

Enclosed are the required SIP submittal elements for determination of plan completeness per 40 CFR Part 51, Appendix V.
Compliant with the April 6, 2011 SIP regional consistency memo, an exact duplicate of this submittal is also being provided as an electronic attachment in an email to the Region VII Missouri coordinator. A searchable pdf version of the rule is available on the Code of State Regulations website at http://www.sos.mo.gov/adrules/csr/currentJI0csrll Oc 1 0-6a.pdf.


# o

Re cycled P:.l(X r

## Mr. Karl Brooks Page Two

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

Director

KLM:pmc

Enclosures:
Copy of rule published in CSR Copy of commission signature page certifying Missouri Air Conservation Commission adoption Copy of technical support documentation for rule (if applicable) Copies of public hearing notices Copy of public hearing transcript introductory statement Copy 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 Commission

Celebrating 

## 40 years of taking care 

### of Missouri's natural resources. To learn more about the Missouri Department 

### of Natural Resources visit dnr.mo

. qov.CODE OF STATE REGULATIONS 3 J ASON K ANDER (6/30/14) 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

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 10 CSR 10-6.010 Ambient Air Quality Standards
PURPOSE: This rule is a compilation of standards for ambient air quality throughout Missouri in order to protect the public healthand welfare. The U.S. Environmental Protection Agency has set National Ambient AirQuality Standards (NAAQS) for six (6) criteria pollutants (carbon monoxide, lead, nitrogen dioxide, ozone, particle pollution, andsulfur dioxide). Primary NAAQS provide public health protection and secondary NAAQSprovide public welfare protection. In addition, Missouri has set standards for hydrogen sulfide and sulfuric acid.

Pollutant Primary/Secondary Standard Averaging Time Level Form Reference Method

Carbon monoxide Primary 8-hour 9 parts per million Not to be exceeded more than once per year As specified in 10 CSR 10-6.040(4)(C) 1-hour 35 parts per million

Lead (2008) Primary and secondary Rolling 3- month average 0.15 micrograms per cubic meter Not to be exceeded (see 10 CSR 10- 6.040(4)(O)) As specified in 10 CSR 10-6.040(4)(G)

Lead (1978)* Primary Calendar quarter mean 1.5 micrograms per cubic meter Not to be exceeded As specified in 10 CSR 10-6.040(4)(G)

Nitrogen dioxide Primary 1-hour 100 parts per billion 98th percentile, averaged over 3 years As specified in 10 CSR 10-6.040(4)(F) Primary and secondary Annual 0.053 parts per million, equal to 53 parts per billion Annual mean

Ozone (2008) Primary and secondary 8-hour 0.075 parts per million Annual fourthhighest daily maximum 8-hour, averaged over 3 years (see 10 CSR 10-6.040(4)(N)) As specified in 10 CSR 10-6.040(4)(D)

Ozone (1997)** Primary 8-hour 0.08 parts per million Annual fourthhighest daily maximum 8-hour, averaged over 3 years (see 10 CSR 10-6.040(4)(I)) As specified in 10 CSR 10-6.040(4)(D)4 CODE OF STATE REGULATIONS (6/30/14) J ASON K ANDER Secretary of State 

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

Particle pollution (2012) Particulate matter 2.5 micron (PM 2.5 ) Primary Annual 12 micrograms per cubic meter Annual mean, averaged over 3 years As specified in 10 CSR 10-6.040(4)(L) Secondary Annual 15 micrograms per cubic meter Annual mean, averaged over 3 years
Primary and secondary 24-hour 35 micrograms per cubic meter 98th percentile, averaged over 3 years (see 10 CSR 10-6.040(4)(M))

Particulate matter 10 micron (PM 10 ) Primary and secondary 24-hour 150 micrograms per cubic meter Not to be exceeded more than once per year on average over 3 years (see 10 CSR 10-6.040(4)(K)) As specified in 10 CSR 10-6.040(4)(J)

Particulate matter 2.5 micron (PM 2.5 ) (1997)*** Primary Annual 15 micrograms per cubic meter Annual mean, averaged over 3 years As specified in 10 CSR 10-6.040(4)(L)

Sulfur dioxide (2010) Primary 1-hour 75 parts per billion 99th percentile of 1-hour daily maximum, averaged over 3 years As specified in 10 CSR 10-6.040(A)

Secondary 3-hour 0.5 parts per million, equal to 500 parts per billion Not to be exceeded more than once per year

Sulfur dioxide (1971)**** Primary Annual 0.03 parts per million Annual mean As specified in 10 CSR 10-6.040(A) Primary 24-hour 0.14 parts per million Not to be exceeded more than once per year

Hydrogen sulfide State only 1/2-hour 0.03 parts per million (42 micrograms per cubic meter) Not to be exceeded over 2 times in any 5 consecutive days As specified in 10 CSR 10-6.040(5)

1/2-hour 0.05 parts per million (70 micrograms per cubic meter) Not to be exceeded over 2 times per year As specified in 10 CSR 10-6.040(5)

Sulfuric acid State only 1-hour 30 micrograms per cubic meter Not to be exceeded more than once in any 2 consecutive days As specified in 10 CSR 10-6.040(6)

24-hour 10 micrograms per cubic meter Not to be exceeded more than once in any 90 consecutive days As specified in 10 CSR 10-6.040(6)

*The 1978 lead standard re mains in effect until one (1) year af ter an area is designated for the 2008 standard, ex cept that in areas designated nonattainment for the 1978 standard , the 1978 standard remains in effect until implementation plan s to attain or maintain the 2 008 standard are approved.

**The 1997 ozone standard remains in effect.

***The 1997 particulate matter 2.5 micron (PM 2.5 ) standard remains in effect.

****The 1971 annual and 24-hour sulfur dioxide standards remain in effect in areas until one (1) year after the area is designa ted for the 2010 standard, except that for areas designated n onattainment for the 1971 standards as of August 23, 2010, and for areas not meetin g the requirements of a SIP call under the 1971 standards, the 1971 standa rds remain in effect until the area submits and the EPA app roves a SIP providing for attainment of the 2010 standard.AUTHORITY: section 643.050, RSMo Supp. 2013.* Original rule filed Aug. 16, 1977, effective Feb. 11, 1978. Amended: Filed Dec. 10, 1979, effective April 11, 1980. Amended: Filed Jan. 5, 1988, effective April 28, 1988. Amended: Filed July 6, 2005, effective Feb. 28, 2006. Amended: Filed Sept. 24, 2009, effective May 30, 2010. Amended: Filed Nov. 15, 2013, effective July 30, 2014.
*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011.

10 CSR 10-6.020 Definitions and Common Reference Tables
PURPOSE: This rule defines key words and expressions used in Chapters 1 through 6 and provides common reference tables.
PUBLISHER’S NOTE: The secretary of state has determined that the publication of theentire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive.  This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.This note applies only to the reference material. The entire text of the rule is printed here. (1) Applicability. This rule shall apply throughout Missouri defining terms and expressions used in all Title 10, Division 10—Air Conservation Commission rules. If a definition in this rule conflicts with a definition in any other 10 CSR 10 rule, the definition in 10 CSR 10-6.020 shall take precedence with the exception that federal definitions incorporatedby reference into a 10 CSR 10 rule take precedence over definitions in 10 CSR 10-6.020.
(2) Definitions.

(A) All terms beginning with A.

1. Abatement project designer—An individual who designs or plans asbestos abatement.2. ABS plastic solvent welding—A process to weld acrylonitrile-butadiene-styrene pipe. 3. Account certificate of representation—The completed and signed submission for certifying the designation of a nitrogen oxides (NO x ) authorized account representative for an affected unit or a group of identified affected units who is authorized to represent the owners or operators of such unit(s) and of the affected units at such source(s) with regard to matters under a NO x trading program. 4. Account holder—Any person thatchooses to participate in the emission reduction credit (ERC) program by generating, buying, selling, or trading ERCs. 5. Account number—The identification number given to each NO x allowance tracking system account. 6. Acid rain emissions limitation—As defined in 40 CFR 72.2, a limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid Rain Program under Title IV of the Clean Air Act. 7. Act—The Clean Air Act, 42 U.S.C. 7401. References to the word Title pertain to the titles of the Clean Air Act Amendments of 1990, P.L. 101–549.8. Active collection system—A gas collection system that uses gas mover equipment. 9. Active landfill—A landfill in which solid waste is being placed or a landfill that is planned to accept waste in the future. 10. Activity level—Defined as follows:

A. For the purpose of 10 CSR 10- 6.410, the amount of activity at a source measured in terms of production, use, raw materials input, vehicle miles traveled, orother similar units that have a direct correlation with the economic output of the sourceand is not affected by changes in the emissions rate (i.e., mass per unit of activity); andB. For all other purposes, the measurable factor or parameter that relates directlyor indirectly to the emissions of an air pollution source. Depending on the source category, activity information includes, but is not limited to, the amount of fuel combusted, raw material processed, product manufactured, or material handled or processed. 11. Actual emissions—The actual rate ofemissions of a pollutant from a source operation is determined as follows: A. Actual emissions as of a particular date shall equal the ave rage rate, in tons peryear, at which the source operation or installation actually emitted the pollutant during the previous two (2)-year period and which represents normal operation. A different timeperiod for averaging may be used if the director determines it to be more representative. Actual emissions shall be calculated using actual operating hours, production rates, andtypes of materials processed, stored, or combusted during the selected time period; B. The director may presume that source-specific allowable emissions for a source operation or installation are equivalentto the actual emissions of the source operation or installation; andC. For source operations or installations, which have not begun normal operations on the particular date, actual emissions shall equal the potential emissions of the source operation or installation on that date. 12. Adhesion primer—A coating that is applied to a polyolefin part to promote theadhesion of a subsequent coating. An adhesion primer is clearly identified as an adhesion primer or adhesion promoter on its material safety data sheet. 13. Adhesive—Any chemical substance that is applied for the purpose of bonding two(2) surfaces together other than by mechanical means. For the purpose of 10 CSR 10- 5.330, an adhesive is considered a surface coating. 14. Adhesive application process—A series of one (1) or more adhesive applicators and any associated drying area and/or oven wherein an adhesive is applied, dried, and/or cured. An application process ends at the point where the adhesive is dried or cured, orprior to any subsequent application of a different adhesive. It is not necessary for anapplication process to have an oven or flashoff area.15. Adhesive primer—A product intended by the manufacturer for application to asubstrate, prior to the application of an adhesive, to provide a bonding surface. 16. Administrator—Defined as follows:

A. For the purpose of 10 CSR 10-6.360, the administrator of the U.S. Environmental Protection Agency (EPA) or theadministrator’s duly authorized representative; andB. For all other purposes, the regional administrator for Region VII, EPA.17. Adsorption cycle—The period during which the adsorption system is adsorbing and not desorbing. 18. Adverse impact on visibility—The visibility impairment which interferes with the protection, preservation, management, or enjoyment of the visitor’s visual experience of a Class I area, which is an area designated as Class I in 10 CSR 10-6.060(11)(A). Thisdetermination must be made on a case-bycase basis taking into account the geographic extent, intensity, duration, frequency, and time of visibility impairments and how these factors correlate with the times of visitor useof the Class I area and the frequency and timing of natural conditions that reduce visibility. 19. Aerospace manufacture and/orrework facility—Any installation that produces, reworks, or repairs in any amount any commercial, civil, or military aerospace vehicle or component. 20. Aerospace vehicle or component—Any fabricated part, processed part, assembly of parts, or completed unit, with the exception of electronic components, of any aircraft. 21. Affected federal land manager—For the purpose of 10 CSR 10-6.300, the federal agency or the federal official charged with direct responsibility for management of an area designated as Class I under the Clean Air Act (42 U.S.C. 7472) that is located within one hundred kilometers (100 km) of the proposed federal action.22. Affected source—Defined as follows:

CODE OF STATE REGULATIONS 5 J ASON K ANDER (6/30/14) 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



# The Missouri Air Conservation Commission ADOPTS the following action

on this 27th day of March, 2014:

10 CSR 10-6.010 (amendment) Ambient Air Quality Standards



# - .........

# I- --\- .....::::: , 

## Chairman

# ~,<+f~t.,...**'-J }**  Q
, I.--=---

______



# - .......

# A£........C.---=:.Io~~....J,.....".,,,c.£~L..:.......!:="'-----------, Vice Chairman



# , 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 10-6.010 (amendment) Am bient Air Quality Standards
This proposed amendment will update the st andards for ambient air quality throughout Missouri in order to reflect re cent changes in the National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.5), nitrogen dioxide (NO2), and sulfur dioxide (SO2); reorganize the standards table for clarit y; and update the rule purpose statement to more accurately reflect the rule. The Clean Ai r Act requires periodic reviews of the air quality criteria, the science upon which the standards are based, and the NAAQS themselves. As a result of fede ral review, the U.S. Environm ental Protection Agency has recently updated the PM2.5, NO 2, and SO2 NAAQS, and this ru lemaking would revise these values in the state rule for consistency.
Proposed Rulemaking – Published in Dec. 16, 2013 Missouri Register

Additional Information on this rulemaking.

Submit comments now Submit written comments
Comments about this rulemaking will be acce pted through close of business Feb. 6, 2014.
10 CSR 10-5.240 Additional Air Qu ality Control Measures May be Required When Sources Are Clustered in a Small Land Area
This proposed rescission will remove an outdat ed rule originally wr itten in 1967, prior to the federal Clean Air Act. This rule was inte nded to provide the Missouri Air Conservation Commission authority to regulate particulate matter and sulfur di oxide emissions from concentrated sources in the St. Louis area. Given that section 643.050, RSMo provides the commission authority to promulgate regulations necessary to enforce the provisions of the Clean Air Act, this rule is no longer necessary.
Proposed Rulemaking – Published in Nov. 15, 2013 Missouri Register. Pa g e 1 of 2 Rulemakin g s on Public Notice - DN R

12/16/2013 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm

## Additional Information on this rulemaking.

Submit comments now Submit written comments
Comments will be accepted through cl ose of business Fe bruary 6, 2014. 10 CSR 10-6.200 Hospital, Medical, Infectious Waste Incinerators
This proposed amendment will remove langua ge from the compliance and performance testing provisions that provide an exemption to the emission limits for hospital, medical and infectious waste incinerators (HMIWI) during start-up, shutdown or malfunction conditions. In addition, the hierarchy of definitions will clearly state that the applicable definitions in the Code of Federal Regulati ons take precedence over those in 10 CSR 10- 6.020 Definitions and Common Reference Tables. At the same time, EPA test method references in the state rule will be revised to match how these methods are referred to in the federal HMIWI regulations.
Proposed Rulemaking - Published in Dec. 2, 2013 Missouri Register. (Since there was a lack of a quorum to have an Oct. 31, 2013, public hearing, this rulemaking was refiled and renoticed.)

Additional Information on this rulemaking.

Submit comments now Submit written comments
Comments will be accepted thro ugh close of business February 6, 2014.

Submit written comments abou t any rule development to: Chief, Air Quality Planning Section Missouri Department of Natural Resources Air Pollution Control Program P.O. Box 176 Jefferson City, MO 65102-0176

Back to top Pa g e 2 of 2 Rulemakin g s on Public Notice - DN R

12/16/2013 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: Tuesday, December 24, 2013 8:33 AM To: Bungart, Renee; Archer, Larry; Beydler, Van; Lovejoy, Victoria; Moore, Kyra; Vit, Wendy; Bechtel, Cheri; Crawford, Betsy Subject: Courtesy Copy: Missouri DNR Air Public No tices Update - Missouri Air Conservation Commission Public Hearing, Jan. 30, 2014



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

Subscribers of Air Public Notices (535 recipients)

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

.

MISSOURI AIR CONSER VATION COMMISSION WILL HOLD PUBLIC HEARING JEFFERSON CITY, MO -- The Missouri Air Conser vation Commission will hol d a public hearing on Thursday, January 30, 2014 beginning at 9 a.m. at th e Elm Street Conference Ce nter, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri. The commission will hear testimony related to the fo llowing proposed action(s): * 10 CSR 10-6.200 (amendment) Hospit al, Medical, Infectious Waste Incinerators
This proposed amendment will remove language from the compliance and performance testing provisions that provide an exemption to the emission limits for hospital, medical, and infectious waste incinerators (HMIWI) during star t-up, shutdown, or malfunction conditions. In addition, the hierarchy of definitions will clearly state that the applicable definitions in the Code of Federal Regulations take precedence over those in 10 CSR 10-6.020 Definitions and Common Reference Tables. At the same time, EPA test method references in the state rule will be revised to match how these methods are referred to in the federal HMIWI regulations.

The above rule action will not be submitted for incl usion in the Missouri State Implementation Plan but will be submitted for inclusion in the plan established under Clean Air Act Section 111(d) covering existing sources of noncriteria pollutants.
* 10 CSR 10-5.240 (rescission) Additional Air Quality Control Measur es May be Required When Sources Are Clustered in a Small Land Area2 

## This proposed rescission will remove an outdated ru le originally written in 1967, prior to the federal Clean Air Act. This rule was intended to pr ovide the Missouri Air Conservation Commission authority to regulate particulate ma tter and sulfur dioxide emissions from concentrated sources in the St. Louis area. Given that section 643.050, RSMo pr ovides the commission au thority to promulgate regulations necessary to enforce th e provisions of the Clean Air Act, this rule is no longer necessary.

The above rule action will be submitted to the U. S. Environmental Protection Agency for removal from the Missouri State Implementation Plan.
* 10 CSR 10-6.010 (amend ment) Ambient Air Quality Standards
This proposed amendment will update the standard s for ambient air quality throughout Missouri in order to reflect recent changes in the National Ambient Air Qua lity Standards (NAAQS) for fine particulate matter (PM 2.5 

## ), nitrogen dioxide (NO 2 

## ), and sulfur dioxide (SO 2 

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

## , NO 2 

## , and SO 2 

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

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

## ) NAAQS of 150 micrograms per cubic meter (μg/m 3 

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

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

## The initial maintenance plan for the St. Louis nonclassifiable Carbon M onoxide (CO) maintenance area ensured attainment of the CO NAAQS thr ough 2008. Pursuant to Section 175A(b) of the Clean Air Act, the State must submit a subsequent plan revision for maintaining the standard for an additional 10 year period after the expiration of the first maintenance period. The Air Program has developed a second maintenance plan that provide s for continued attainment of the 8-hour CO NAAQS for the St. Louis area fr om 2008 through 2018. The plan provi des assurances that, in the event of a subsequent violation of the CO NAAQS, additional c ontrol options, called contingency measures, can quickly be implemented to prevent any future violations. In addi tion, this plan includes CO ambient air quality monitoring data from the la st seven years and an updated emission inventory for average winter day CO emi ssions in the St. Louis area.
If the Commission adopts these action(s ), it will be the Department’s intention to submit the action(s) to the U.S. Environmental Protection Agency to be 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 Progr am, 1659 Elm Street, Jefferson City, (573) 751-4817 and in the Public Notices section of the program web site http://dnr.mo.gov/env/apcp/publicnotices.htm. This information will be available at least 30 days prior to the public hearing date. The Department will accept written or email comments for the record until 5 p.m. on February 6, 2014. Please send written comments to Chief, Air Quality Planning Section, Air Pollution Control Program, P.O. Box 176, Jefferson City, MO 65102-0176. Email comments may be submitted via the program web site noted above. All written and email comments and public 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.
http://dnr.mo.gov/env/apcp/stateplanrevisions.htm

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

.4 

## This service is provide d to you at no charge by Missouri DNR

.

# .

# I MIDWEST •LITIGATI O N

SER VICES

COU RT REP O RTING & VIDEO



## MISSOURI DEPARTMENT OF NATURAL RESOURCES'

AIR CONSERVATION COMMISSION MEETING PUBLIC HEARING

JANUARY 30, 2014



# ··- 

# n :..::**-~ v**  

### z -i -.:: :::0 c: ;. 

## o r 

# r • c 0- :**~o** ....>

- 7

NATIONWIDE ScHEDULI NG



### OFFICES

MISSOUR I S p r i ng f iel d Je tr er son C il y Kon s o s Ci fy C o l u m b ia R o ll o Cop e G i r a r de au
KANSAS O v e rl a nd**r~** ILLIN O I S S p r i ng field Champai g n f'.) 

## = z- 

## -.., f"\'1 00



## w 

# " ::lit**~** 0

HEADQUARTER S: 71 l North Ele ve nth Str eet, S T. Loui s, Missouri 63101 

# 800.280.3376

www

. midwestlitigation

. com 

# I

:: - -C

J 

### P1 

### C)
r 

### ri



# --- Tl 

# : J

### HEARING 1/30/2014

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 3


### 1 PROCEEDINGS

2 CHAIRMAN PENDERGRASS: The hearing will

3 come to order. Let the record show the

4 following Commissioners are present: Jack

5 Baker, Mark Garnett, Gary Pendergrass, and David

6 Zimmerman.

7 The Air Conservation Commission of the

8 State Of Missouri has called this public hearing

9 pursuant to Section 643.070, Revised Statutes of

10 Missouri; EPA promulgated rule 40 CFR 51.102,

11 for the purpose of hearing testimony related to:

12 Missouri State Implementation Plan
13 Revision - Supplement/Revision to the

14 Redesignation Demonstration and Maintenance Plan

15 for the Missouri Portion of the St. Louis

16 Nonattainment Area for the 1997 Annual Fine

17 Particulate Matter National Ambient Air Quality

18 Standard.

19 Missouri State Implementation Plan

20 Revision - Americold Logistics, LLC Particulate

21 Matter (PM10) Consent Judgment.

22 Missouri State Implementation Plan

23 Revision - Limited Maintenance Plan for the St.

24 Louis Nonclassifiable Maintenance Area for the

25 8-hour Carbon Monoxide National Ambient Air

### HEARING 1/30/2014

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 4 

### 1 Quality Standard.

2 10 CSR 10-6.200 (amendment) Hospital,

3 Medical, Infectious Waste Incinerators.

4 10 CSR 10-5.240 (rescission) Additional

5 Air Quality Control Measures May be Required

6 When Sources are Clustered in a Small Land Area.

7 10 CSR 10-6.010 (amendment) Ambient Air

8 Quality Standards.

9 The hearing record will close at 5:00

10 p.m. on February 6, 2014.

11 Anyone who has not been scheduled to

12 appear, but who wishes to be heard, should

13 indicate that you wish to speak on the sign-in

14 sheets available at the door or by letting the

15 commission know by telephone after the public

16 hearing has been presented.

17 Section 643.100 of the Missouri

18 Statutes provides that all oral testimony be

19 given under oath. Accordingly, when you are

20 called to testify, please present yourself to

21 the court reporter first to be sworn in.

22 When you testify, please state your

23 name, business address and your occupation or

24 affiliation. If you have a prepared statement,

25 it will be helpful if you would provide a copy

### HEARING 1/30/2014

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 23 

### 1 action, it will be the department's intention to

2 submit this rule rescission to the U.S.

3 Environmental Protection Agency for removal from

4 the Missouri State Implementation Plan.

5 This concludes my testimony. I will be

6 happy to answer any questions regarding this

7 rule rescission.

8 CHAIRMAN PENDERGRASS: Any questions

9 for Shelly? Thank you, Shelly.

10 Anyone else wishing to speak on this

11 item? Okay. The next item is 10 CSR 10-6.010

12 (amendment) Ambient Air Quality Standards.

13 PAUL MYERS,

14 being first duly sworn to tell the truth, the

15 whole truth and nothing but the truth deposes

16 and says as follows:

17 MR. MYERS: Good morning,

18 Commissioners. My name is Paul Myers, and I

19 work as an Environmental Specialist with the Air

20 Pollution Control Program located at 1659 East

21 Elm Street in Jefferson City, Missouri. I am

22 here today to present testimony on a proposed

23 amendment to 10 CSR-6.010 Ambient Air Quality

24 Standards. The rule text can be found beginning

25 on Page 145 of your briefing document.or by contacting the division at (573) 522-2546 , or by submitting a written request to the division’s Jefferson City office at PO Box 58, Jefferson City, MO 65102.

AUTHORITY: sections 287.140.4 [,] and 287.650, RSMo Supp. [2005] 2013 [RSMo 2000] . Emergency rule filed Feb. 3, 1993, effective Feb. 19, 1993, expired June 18, 1993. Emergency rule filed June 29, 1993, effective July 9, 1993, expired Nov. 5, 1993. Emergency rule filed Nov. 16, 1993, effective Nov. 26, 1993, expired March 25, 1994. Emergency rule filed June 28, 1994, effective July 8, 1994, expired Nov. 4, 1994. Emergency rule filed Oct. 20, 1994, effective Nov. 5, 1994, expired March 4, 1995. Emergency rule filed Aug. 18, 1995, effective Aug. 28, 1995, expired Feb. 23, 1996. Original rule filed Aug. 18, 1995, effective Feb. 24, 1996. Rescinded and readopted: Filed Jan. 21, 2000, effective Sept. 30, 2000. Emergency amendment filed Aug. 15, 2006, effective Sept. 1, 2006, expired Feb. 27, 2007. Amended: Filed Aug. 15, 2006, effective Feb. 28, 2007. Amended: Filed Nov. 12, 2013.
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.
PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a written oremail statement in support of or in opposition to this proposed amendment with the Division of Workers’ Compensation, Attn: Nasreen Esmail, Chief Counsel, PO Box 58, Jefferson City, MO 65102-0058. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register . Email comments shall be sent to Nasreen.esmail@labor.mo.gov. No public hearing is scheduled.



### 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 10-6.010 Ambient Air Quality Standards . The commission proposes to amend the purpose and the standards. If the commission adopts this rule action, it will be the department’s intention to submit this rule amendment to the U.S. Environmental Protection Agency to replace the current rule that is in the Missouri StateImplementation Plan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural Resources’ Air Pollution Control Program at the address listed in the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri Department of Natural Resources’ Environmental Regulatory Agenda website, www.dnr.mo.gov/regs/index.html.
PURPOSE: This rule is a compilation of standards for ambient air quality throughout Missouri in order to protect the public health and welfare. The U.S. Environmental Protection Agency has set NationalAmbient Air Quality Standards (NAAQS) for six (6) criteria pollutants (carbon monoxide, lead, nitrogen dioxide, ozone, particle pollution, and sulfur dioxide). Primary NAAQS provide public health protection and secondary NAAQS provide public welfare protection.In addition, Missouri has set standards for hydrogen sulfide and sulfuric acid. This amendment would update the standards for ambient air quality throughout Missouri in order to reflect recent changes inthe National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM 2.5

), nitrogen dioxide (NO 2 ), and sulfur dioxide (SO 2 ); reorganize the standards table for clarity; and update the rule purpose statement to more accurately reflect the rule. The Clean Air Act (CAA) requires periodic reviews of the air quality criteria, thescience upon which the standards are based, and the NAAQS themselves. As a result of federal review, the U.S. Environmental Protection Agency has recently updated the PM 2.5 , NO 2 , and SO 2 NAAQS, and this rulemaking would revise these values in the staterule for consistency. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is Federal Register Notice 78 FR 3086 for PM 2.5 , promulgated January 15, 2013; Federal Register Notice 75 FR 35520 for SO 2 , promulgated June 22, 2010; and Federal Register Notice 75 FR 6474 for NO 2 , promulgated February 9, 2010.

PURPOSE: This rule [provides long-range goals] is a compilation of standards for ambient air quality throughout Missouri in order to protect the public health and welfare. The U.S. Environmental Protection Agency has set National Ambient Air Quality Standards (NAAQS) for six (6) criteria pollutants (carbon monoxide, lead, nitrogen dioxide, ozone, particle pollution, and sulfur dioxide). Primary NAAQS provide public health protectionand secondary NAAQS provide public welfare protection. In addition, Missouri has set standards for hydrogen sulfide and sulfuric acid. 

## Page 2089 December 16, 2013 Vol. 38, No. 24 

### Missouri Register[Pollutant Concentration Method Remarks Pollutant Concentration Method Remarks
1. Particulate 150 micrograms As specified 24-hour average 4. 8-hour 0.075 ppm As specified 8-hour standard not to

matter 10 per cubic meter in 10 CSR 10- concentration. Not ozone in 10 CSR 10- exceed 3-year average micron (PM 10 ) 6.040(4)(J) more than one expected (2008) 6.040(4)(D) of the 4th highest daily exceedance, 3-year maximum (see 10 average (see 10 CSR CSR 10-6.040(4)(N)) 10-6.040(4)(K)) 8-hour 0.08 ppm As specified 8-hour standard not to Particulate 15 micrograms As specified 3-year average of ozone in 10 CSR 10- exceed 3-year average matter 2.5 per cubic meter in 10 CSR 10- annual arithmetic (1997) * 6.040(4)(D) of the 4th highest daily micron (PM 2.5 ) 6.040(4)(L) mean maximum (see 10 CSR 10-6.040(4)(I)) 35 micrograms As specified 24-hour average per cubic meter in 10 CSR 10- concentration using 5. Nitrogen 0.053 ppm As specified Annual arithmetic 6.040(4)(L) 98th percentile of dioxide (100 micrograms in 10 CSR 10- mean not to be monitored daily per cubic meter) 6.040(4)(F) exceeded concentration (see 10 CSR 10-6.040(4)(M)) 6. Hydrogen 0.05 ppm As specified 1/2-hour average not sulfide (70 micrograms in 10 CSR 10- to be exceeded over 2. Sulfur 0.03 ppm As specified Annual arithmetic per cubic meter) 6.040(5) 2 times per year dioxide (80 micrograms in 10 CSR 10- mean per cubic meter) 6.040(4)(A) 0.03 ppm As specified 1/2-hour average not (42 micrograms in 10 CSR 10- to be exceeded over 0.14 ppm (365 As specified 24-hour average not per cubic meter) 6.040(5) 2 times in any 5 micrograms per in 10 CSR 10- to be exceeded more consecutive days cubic meter) 6.040(4)(A) than once per year 7. Sulfuric 10 micrograms As specified 24-hour average not 0.5 ppm (1,300 As specified 3-hour average not acid per cubic meter in 10 CSR 10- to be exceeded more micrograms per in 10 CSR 10- to be exceeded more 6.040(6) than once in any 90 cubic meter) 6.040(4)(A) than once per year consecutive days

3. Carbon 9 ppm (10,000 As specified 8-hour average not 30 micrograms As specified 1-hour average not monoxide micrograms per in 10 CSR 10- to be exceeded more per cubic meter in 10 CSR 10- to be exceeded more cubic meter) 6.040(4)(C) than once per year 6.040(6) than once in any 2 consecutive days 35 ppm (40,000 As specified 1-hour average not to micrograms per in 10 CSR 10- be exceeded more than 8. Lead 0.15 micrograms As specified Rolling 3-month cubic meter) 6.040(4)(C) once per year (2008) per cubic meter in 10 CSR average not to be 10-6.040(4)(G)exceeded (see 10 CSR 10-6.040(4)(O))
Lead 1.5 micrograms As specified Calendar quarter (1978) ** per cubic meter in 10 CSR arithmetic mean 10-6.040(4)(G)not to be exceeded 

## Page 2090 Proposed Rules December 16, 2013 Vol. 38, No. 24

* Note: While the 1997 and 2008 ozone standards are both in effect, the 1997 standard will only remain in effect until the standard is rescinded or voided by federal code. ** Note: While the 1978 and 2008 lead standards are both in effect, the 1978 standard will only remain in effect until the standard is rescinded or voided by federal code.]

## Page 2091 December 16, 2013 Vol. 38, No. 24 

### Missouri Register

Pollutant Primary/Secondary Standard Averaging Time Level Form Reference Method

Carbon monoxide Primary 8-hour 9 parts per million Not to be exceeded more than once per year As specified in 10 CSR 10-6.040(4)(C) 1-hour 35 parts per million

Lead (2008) Primary and secondary Rolling 3- month average 0.15 micrograms per cubic meter Not to be exceeded (see 10 CSR 10- 6.040(4)(O)) As specified in 10 CSR 10-6.040(4)(G)

Lead (1978)* Primary Calendar quarter mean 1.5 micrograms per cubic meter Not to be exceeded As specified in 10 CSR 10-6.040(4)(G)

Nitrogen dioxide Primary 1-hour 100 parts per billion 98th percentile, averaged over 3 years As specified in 10 CSR 10-6.040(4)(F) Primary and secondary Annual 0.053 parts per million, equal to 53 parts per billion Annual mean

Ozone (2008) Primary and secondary 8-hour 0.075 parts per million Annual fourthhighest daily maximum 8- hour, averaged over 3 years (see 10 CSR 10- 6.040(4)(N)) As specified in 10 CSR 10-6.040(4)(D)

Ozone (1997)** Primary 8-hour 0.08 parts per million Annual fourthhighest daily maximum 8- hour, averaged over 3 years (see 10 CSR 10- 6.040(4)(I)) As specified in 10 CSR 10-6.040(4)(D)

Particle pollution (2012) Particulate matter 2.5 micron (PM 2.5 ) Primary Annual 12 micrograms per cubic meter Annual mean, averaged over 3 years As specified in 10 CSR 10-6.040(4)(L) Secondary Annual 15 micrograms per cubic meter Annual mean, averaged over 3 years
Primary and secondary 24-hour 35 micrograms per cubic meter 98th percentile, averaged over 3 years (see 10 CSR 10-6.040(4)(M))

Particulate matter 10 micron (PM 10 ) Primary and secondary 24-hour 150 micrograms per cubic meter Not to be exceeded more than once per year on average over 3 years (see 10 CSR 10- 6.040(4)(K)) As specified in 10 CSR 10-6.040(4)(J)

Particulate matter 2.5 micron (PM 2.5 ) (1997)*** Primary Annual 15 micrograms per cubic meter Annual mean, averaged over 3 years As specified in 10 CSR 10-6.040(4)(L)

Sulfur dioxide (2010) Primary 1-hour 75 parts per billion 99th percentile of 1-hour daily maximum, averaged over 3 years As specified in 10 CSR 10-6.040(A)

Secondary 3-hour 0.5 parts per million, equal to 500 parts per billion Not to be exceeded more than once per year

Sulfur dioxide (1971)**** Primary Annual 0.03 parts per million Annual mean As specified in 10 CSR 10-6.040(A) Primary 24-hour 0.14 parts per million Not to be exceeded more than once per year

Hydrogen sulfide State only 1/2-hour 0.03 parts per million (42 micrograms per cubic meter) Not to be exceeded over 2 times in any 5 consecutive days As specified in 10 CSR 10-6.040(5)

1/2-hour 0.05 parts per million (70 micrograms per cubic meter) Not to be exceeded over 2 times per year As specified in 10 CSR 10-6.040(5)AUTHORITY: section 643.050, RSMo [2000] Supp. 2013 . Originalrule filed Aug. 16, 1977, effective Feb. 11, 1978. For intervening history, please consult the Code of State Regulations . Amended: Filed Nov. 15, 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 rulemaki ngs.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin at 9:00 a.m., January 30, 2014. The public hearing will be held at the Elm Street Conference Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri.Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit a written or email statement of their views until 5:00 p.m., February 6, 2014. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102- 0176. Email comments shall be sent to apcprulespn@dnr.mo.gov. 

## Page 2092 Proposed Rules December 16, 2013 Vol. 38, No. 24

Sulfuric acid State only 1-hour 30 micrograms per cubic meter Not to be exceeded more than once in any 2 consecutive days As specified in 10 CSR 10-6.040(6)

24-hour 10 micrograms per cubic meter Not to be exceeded more than once in any 90 consecutive days As specified in 10 CSR 10-6.040(6)

*T he 19 78 lead standard remains in effect until one (1) year after an area is designated for the 200 8 standard , except that in areas designated nonattainment for the 19 78 standard , the 19 78 standard remains in effect until implementation plans to attain or maintain the 200 8 standard are approved.

**T he 199 7 o z one standard and related implementation rules remain in place.

***T he 199 7 particulate matter 2. 5 micron ( PM 2. 5 ) standard remains in effect until one (1) year after an area is designated for the 2012 standard , except that in areas designated nonattainment for the 199 7 standard , the 199 7 standard remains in effect until implementation plans to attain or maintain the 2012 standard are approved.

****T he 19 7 1 annual and 24-hour sulfur dioxide standards remain in effect until one (1) year after an area is designated for the 2010 standard , except in areas designated nonattainment for the 19 7 1 standards , where the 19 7 1 standards remain in effect until implementation plans to atta in or maintain the 2010 standard are approved.RSMo 2000, the board rescinds a rule as follows:

5 CSR 20-400.140 Administrative Procedures for Applicants

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

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

. SUMMARY OF COMMENTS: No comments were received.



### Title 9—DEPARTMENT OF MENTAL HEALTH Division 30—Certification Standards Chapter 2—Standards for County-Funded Mental Health Services

ORDER OF RULEMAKING
By the authority vested in the Missouri Department of Mental Health under section 630.050, RSMo Supp. 2013, the department amends a rule as follows:

9 CSR 30-2.010 Designation of Programs to Receive County Community Mental Health Funds is amended

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



### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area

ORDER OF RULEMAKING
By the authority vested in the Missouri Air Conservation Commission under section 643.050, RSMo Supp. 2013, the commission rescinds a rule as follows:

10 CSR 10-5.240 Additional Air Quality Control Measures May be Required When Sources Are Clustered in a Small Land Area is rescinded

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

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



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

ORDER OF RULEMAKING
By the authority vested in the Missouri Air ConservationCommission under section 643.050, RSMo Supp. 2013, the commission amends a rule as follows:

10 CSR 10-6.010 is amended.
A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on December 16,2013 (38 MoReg 2089–2092). Those sections with changes are reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

. SUMMARY OF COMMENTS: The Missouri Department of NaturalResources’ Air Pollution Control Program received three (3) comments from the U.S. Environmental Protection Agency (EPA) on this rule amendment.
COMMENT #1: The EPA suggested revised language for the footnote regarding the 1997 ozone standard in the ambient air quality standards table, rather than referencing the implementation of the standard. RESPONSE AND EXPLANATION OF CHANGE: As a result of this comment, the footnote language was revised as suggested.
COMMENT #2: The EPA suggested revised language for the footnote regarding the 1997 particulate matter PM 2.5 standard in the ambient air quality standards table. RESPONSE AND EXPLANATION OF CHANGE: As a result of this comment, the footnote language was revised as suggested.
COMMENT #3: The EPA suggested revised language for the footnote regarding the 1971 annual and 24-hour sulfur dioxide standard in the ambient air quality standards table. RESPONSE AND EXPLANATION OF CHANGE: As a result of this comment, the footnote language was revised as suggested.
10 CSR 10-6.010 Ambient Air Quality Standards 

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

### Missouri RegisterJune 2, 2014 Vol. 39, No. 11 

## Page 1086 Orders of Rulemaking

Pollutant Primary/Secondary Standard Averaging Time Level Form Reference Method

Carbon monoxide Primary 8-hour 9 parts per million Not to be exceeded more than once per year As specified in 10 CSR 10-6.040(4)(C) 1-hour 35 parts per million

Lead (2008) Primary and secondary Rolling 3- month average 0.15 micrograms per cubic meter Not to be exceeded (see 10 CSR 10- 6.040(4)(O)) As specified in 10 CSR 10-6.040(4)(G)

Lead (1978)* Primary Calendar quarter mean 1.5 micrograms per cubic meter Not to be exceeded As specified in 10 CSR 10-6.040(4)(G)

Nitrogen dioxide Primary 1-hour 100 parts per billion 98th percentile, averaged over 3 years As specified in 10 CSR 10-6.040(4)(F) Primary and secondary Annual 0.053 parts per million, equal to 53 parts per billion Annual mean

Ozone (2008) Primary and secondary 8-hour 0.075 parts per million Annual fourthhighest daily maximum 8-hour, averaged over 3 years (see 10 CSR 10-6.040(4)(N)) As specified in 10 CSR 10-6.040(4)(D)

Ozone (1997)** Primary 8-hour 0.08 parts per million Annual fourthhighest daily maximum 8-hour, averaged over 3 years (see 10 CSR 10-6.040(4)(I)) As specified in 10 CSR 10-6.040(4)(D)

Particle pollution (2012) Particulate matter 2.5 micron (PM 2.5 ) Primary Annual 12 micrograms per cubic meter Annual mean, averaged over 3 years As specified in 10 CSR 10-6.040(4)(L) Secondary Annual 15 micrograms per cubic meter Annual mean, averaged over 3 years
Primary and secondary 24-hour 35 micrograms per cubic meter 98th percentile, averaged over 3 years (see 10 CSR 10-6.040(4)(M))

Particulate matter 10 micron (PM 10 ) Primary and secondary 24-hour 150 micrograms per cubic meter Not to be exceeded more than once per year on average over 3 years (see 10 CSR 10-6.040(4)(K)) As specified in 10 CSR 10-6.040(4)(J)

Particulate matter 2.5 micron (PM 2.5 ) (1997)*** Primary Annual 15 micrograms per cubic meter Annual mean, averaged over 3 years As specified in 10 CSR 10-6.040(4)(L)

Sulfur dioxide (2010) Primary 1-hour 75 parts per billion 99th percentile of 1-hour daily maximum, averaged over 3 years As specified in 10 CSR 10-6.040(A)

Secondary 3-hour 0.5 parts per million, equal to 500 parts per billion Not to be exceeded more than once per year

Sulfur dioxide (1971)**** Primary Annual 0.03 parts per million Annual mean As specified in 10 CSR 10-6.040(A) Primary 24-hour 0.14 parts per million Not to be exceeded more than once per year

Hydrogen sulfide State only 1/2-hour 0.03 parts per million (42 micrograms per cubic meter) Not to be exceeded over 2 times in any 5 consecutive days As specified in 10 CSR 10-6.040(5)

1/2-hour 0.05 parts per million (70 micrograms per cubic meter) Not to be exceeded over 2 times per year As specified in 10 CSR 10-6.040(5)

### 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 10-6.200 Hospital, Medical, Infectious Waste Incinerators is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on December 2, 2013 (38 MoReg 2008–2019). No changes have been made in the textof 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 12—DEPARTMENT OF REVENUE Division 10—Director of Revenue Chapter 109—Sales/Use Tax—Sale of Property vs. Sale of Service

ORDER OF RULEMAKING By the authority vested in the director of revenue under section 144.270, RSMo Supp. 2013, and section 144.705, RSMo 2000, the director amends a rule as follows:
12 CSR 10-109.050 Taxation of Software is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on February 18, 2014 (39 MoReg 495–497). No changes have been made in the textof 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: No comments were received.



### Title 16—RETIREMENT SYSTEMS Division 10—The Public School Retirement System of Missouri Chapter 3—Funds of Retirement System

ORDER OF RULEMAKING
By the authority vested in the board of trustees under section 169.020, RSMo Supp. 2013, the board of trustees hereby amends a rule of the public school retirement system of Missouri as follows:

16 CSR 10-3.010 Payment of Funds to the Retirement System is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on February 18, 2014 (39 MoReg 497). 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: No comments were received.



### Title 16—RETIREMENT SYSTEMS Division 10—The Public School Retirement System of Missouri Chapter 6—The Public Education Employee Retirement System of Missouri

ORDER OF RULEMAKING
By the authority vested in the board of trustees under section 169.020, RSMo Supp. 2013, the board of trustees hereby amends a 

## Page 1087 June 2, 2014 Vol. 39, No. 11 

### Missouri Register

Sulfuric acid State only 1-hour 30 micrograms per cubic meter Not to be exceeded more than once in any 2 consecutive days As specified in 10 CSR 10-6.040(6)

24-hour 10 micrograms per cubic meter Not to be exceeded more than once in any 90 consecutive days As specified in 10 CSR 10-6.040(6)

*The 1978 lead standard remains in effect until one (1) year after an area is designated for the 2008 standard, except that in areas designated nonattainment for the 1978 standard, the 1978 standard remains in effect until implementation plans to attain or maintain the 2 008 standard are approved.

**The 1997 ozone standard remains in effect.

***The 1997 particulate matter 2.5 micron (PM 2.5 ) standard remains in effect.

 The 1971 annual and 24-hour sulfur dioxide standards remain in effect in areas until one (1) year after the area is designa ted for the 2010 standard, except that for areas designated n onattainment for the 1971 standards as of A ugust 23, 2010, and for areas not meetin g the requirements of a SIP call under the 1971 s tandards, the 1971 stan dards remain in effect until th e area submits and the EPA app roves a SIP providing for attainment of the 2010 standard.

## 10 CSR 10-6.010 Ambient Air Quality Standards

** Pollutant** **Concentration Metho**  **d R**  **emarks** 1. Particulate matter 10 micron (PM 10 ) 150 micrograms per cubic meter As specified in 10 CSR 10-6.040(4)(J)

150 micrograms per cubic meter 24-hour average concentration. Not more than one expected exceedance, 3- year average (see 10 CSR 10- 6.040(4)(K))

Particulate matter 2.5 micron (PM 2.5 ) 15 micrograms per cubic meter As specified in 10 CSR 10-6.040(4)(L) 3-year average of annual arithmetic mean

35 micrograms per cubic meter As specified in 10 CSR 10-6.040(4)(L) 24-hour average concentration 98th percentile of monitored daily concentration (see 10 CSR 10-6.040(4)(M))

2. Sulfur dioxide 0.03 ppm (80 micrograms per cubic meter)

0.14 ppm (365 micrograms per cubic meter) As specified in 10 CSR 10-6.040(4)(A)

As specified in 10 CSR 10-6.040(4)(A) Annual arithmetic mean

24-hour average not to be exceed more than once per year

0.5 ppm (1,300 micrograms per cubic meter) As specified in 10 CSR 10-6.040(4)(A) 3-hour average not to be exceeded more than once per year

3. Carbon monoxide 9 ppm (10,000 micrograms per cubic meter) As specified in 10 CSR 10-6.040(4)(C) 8-hour average not to be exceeded more than once per year
35 ppm (40,000 micrograms per cubic meter) As specified in 10 CSR 10-6.040(4)(C) 1-hour average not be exceeded more than once per year

4. 8-hour ozone (2008) 0.075 ppm As specified in 10 CSR 10-6.040(4)(D) 8-hour standard not to exceed 3-year average of the 4 th highest daily maximum (see 10 CSR 10-6.040(4)(N)) 8-hour ozone (1997) * 0.08 ppm As specified in 10 CSR 10-6.040(4)(D) 8-hour standard not to exceed 3-year average of the 4th highest daily maximum (see 10 CSR 10-6.040(4)(I))

5. Nitrogen dioxide 0.053 ppm (100 micrograms per cubic meter As specified in 10 CSR 10-6.040(4)(F) Annual arithmetic mean not to be exceeded

6. Hydrogen sulfide 0.05 ppm (70 micrograms per cubic meter) As specified in 10 CSR 10-6.040(5) 1/2-hour average not be exceeded over 2 times per year
0.03 ppm (42 micrograms per cubic meter) As specified in 10 CSR 10-6.040(5) 1/2-hour average not to be exceeded over 2 times in any 5 consecutive days

## 10 CSR 10-6.010

2 7. Sulfuric acid 10 micrograms per cubic meter As specified in 10 CSR 10-6.040(6) 24-hour average not be exceeded more than once in any 90 consecutive days

30 micrograms per cubic meter As specified in 10 CSR 10-6.040(6) 1-hour average not to be exceeded more than once in any 2 consecutive days

8. Lead (2008) .15 micrograms per cubic meter As specified in 10 CSR 10-6.040(4)(G) Rolling 3-month average not to be exceeded (see 10 CSR 10-6.040 (4)(O))

Lead (1978) ** 1.5 micrograms per cubic meter As specified in 10 CSR 10-6.040(4)(G) Calendar quarter arithmetic mean not to be exceeded

* Note: While the 1997 and 2008 ozone standards are both in effect, the 1997 standard will only remain in effect until the standard is rescinded or voided by federal code.

** Note: While the 1978 and 2008 lead standards are both in effect, the 1978 standard will only remain in effect until the standard is rescinded or voided by federal code.

Pollutant Primary/Secondary Standard Averaging
T ime Level Form Reference Method

Carbon monoxide Primary 8-hour 9 parts
per

m illion Not to be exceeded more than
once per year As specified in 10 CSR 10- 6.040(4)(C) 1-hour 35 parts
per

m illion

Lead (2008) Primary and secondary Rolling 3-month
average 0.15 micrograms per cubic
meter Not to be exceeded (see 10 CSR 10- 6 .040(4)(O)) As specified in 10 CSR 10- 6.040(4)(G)

Lead (1978)* Primary Calendar quarter

mean 1.5 micrograms per cubic
meter Not to be exceeded As specified in 10 CSR 10- 6.040(4)(G)

Nitrogen dioxide Primary 1-hour 100 parts
per billion 98th percentile, averaged

o ver 3 years As specified in 10 CSR 10- 6.040(4)(F) Primary and secondary Annual 0.053 parts per million, equal to 53 parts
per b illion Annual mean

Ozone (2008) Primary and secondary 8-hour 0.075 parts per million Annualfourthhighest daily maximum 8- h our, As specified in 10 CSR 10- 6.040(4)(D)

## 10 CSR 10-6.010

averaged over 3 years (see 10 CSR 10- 6 .040(4)(N))

Ozone (1997)** Primary 8-hour 0.08 parts
per million Annualfourthhighest daily maximum 8- hour, averaged over 3 years (see 10 CSR 10- 6 .040(4)(I)) As specified in 10 CSR 10- 6.040(4)(D)

Particle pollution (2012) Particulate matter 2.5 micron (PM 2.5 ) Primary Annual 12 micrograms per cubic

m eter Annual mean, averaged over 3 years

As specified in 10 CSR 10- 6.040(4)(L) Secondary Annual 15 micrograms per cubic

m eter Annual mean, averaged over 3 years

Primary and secondary 24-hour 35 micrograms per cubic
meter 98th percentile, averaged over 3 years (see 10 CSR 10- 6 .040(4)(M))

Particulate matter 10 micron (PM 10 ) Primary and secondary 24-hour 150 micrograms per cubic
meter Not to be exceeded more than
once per year on average over 3 years (see 10 CSR 10- 6 .040(4)(K)) As specified in 10 CSR 10- 6.040(4)(J)

Particulate matter 2.5 micron (PM 2.5 ) (1997)*** Primary Annual 15 micrograms per cubic
meter Annual mean, averaged over 3 years As specified in 10 CSR 10- 6.040(4)(L)

Sulfur dioxide (2010) Primary 1-hour 75 parts
per billion 99th percentile of 1-hour daily maximum, averaged

o ver 3 years As specified in 10 CSR 10-6.040(A)

Secondary 3-hour 0.5 parts
per million, equal to 500 parts
per b illion Not to be exceeded more than
once per year

Sulfur dioxide (1971)**** Primary Annual 0.03 parts
per

m illion Annual mean As specified in 10 CSR 10-6.040(A) 2 4

- h our 0 .14 parts N ot to be

## 10 CSR 10-6.010

4 Primary per million exceeded more than
once per y ear

Hydrogen sulfide State only 1/2-hour 0.03 parts
per million (42 micrograms per cubic

m eter) Not to be exceeded over 2 times in any 5 consecutive days As specified in 10 CSR 10-6.040(5)

1/2-hour 0.05 parts
per million (70 micrograms per cubic

m eter) Not to be exceeded over 2 times
per year As specified in 10 CSR 10-6.040(5)

Sulfuric acid State only 1-hour 30 micrograms per cubic
meter Not to be exceeded more than once in any 2 consecutive d ays As specified in 10 CSR 10-6.040(6)

24-hour 10 micrograms per cubic
meter Not to be exceeded more than once in any 90 consecutive d ays As specified in 10 CSR 10-6.040(6)

*The 1978 lead standard remains in effect until one (1) year after an area is designated for the 2008 standard, except that in areas designated nonattainment for the 1978 standard, the 1978 standard remains in effect until implementation plans to attain or maintain the 2008 standard are approved.

**The 1997 ozone standard remains in effect.

***The 1997 particulate matter 2.5 micron (PM 2.5 ) standard remains in effect.

****The 1971 annual and 24-hour sulfur dioxide standards remain in effect in areas until one (1) year after the area is designated for the 2010 standard, except that for areas designated nonattainment for the 1971 standards as of August 23, 2010, and for areas not meeting the requirements of a SIP call under the 1971 standards, the 1971 standards remain in effect until the area submits and the EPA approves a SIP providing for attainment of the 2010 standard.