Jeremiah W Uay) Nixon, Governor • Sara Parker Pauley, Director 

T OF NAT 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 ofNatural 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 (PM2.

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 PM2.5, 

N02, 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 

ofthe 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 ofplan completeness per 

40 CFR Part 51, Appendix V. 

Compliant with the April 6, 2011 SIP regional consistency memo, an exact duplicate ofthis 

submittal is also being provided as an electronic attachment in an email to the Region VII 

Missouri coordinator. A searchable pdf version ofthe 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 Recycled 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 ofpublic hearing transcript introductory statement 

Copy ofMO Reg proposed rulemaking 

Copy ofMO Reg order ofrulemaking 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. 

JASON KANDER (6/30/14) CODE OF STATE REGULATIONS 3

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 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 protection and secondary NAAQS

provide 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) JASON KANDER

Secretary of State

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

Particle 

pollution 

(2012) 

Particulate 

matter 2.5 

micron 

(PM2.5) 

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 

(PM10) 

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 (PM2.5) 

(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 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 (PM2.5) 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. 
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 the

entire 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 incorporated

by 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 (NOx) 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 NOx trading

program.

4. Account holder—Any person that

chooses 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 NOx 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, or

other similar units that have a direct correlation with the economic output of the source

and is not affected by changes in the emissions rate (i.e., mass per unit of activity); and

B. For all other purposes, the measurable factor or parameter that relates directly

or 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 of

emissions of a pollutant from a source operation is determined as follows:

A. Actual emissions as of a particular

date shall equal the average rate, in tons per

year, 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 time

period 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, and

types 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 equivalent

to the actual emissions of the source operation or installation; and

C. 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 the

adhesion 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, or

prior to any subsequent application of a different adhesive. It is not necessary for an

application process to have an oven or flashoff area.

15. Adhesive primer—A product intended by the manufacturer for application to a

substrate, 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 the

administrator’s duly authorized representative; and

B. 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). This

determination 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 use

of the Class I area and the frequency and timing of natural conditions that reduce visibility.

19. Aerospace manufacture and/or

rework facility—Any installation that produces, reworks, or repairs in any amount any

commercial, civil, or military aerospace

vehicle or component.

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:

JASON KANDER (6/30/14) CODE OF STATE REGULATIONS 5

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 

- ......... ~,<+f~t.,...'-JI-} --\-Q.....::::: ,I.--=---______ , Chairman


- .......
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 comments are being accepted as noted at the end of

the proposed rulemaking under the Notice of Public Hearing and Notice to Submit 

Comments heading. To submit comments electronically, use the links below the rule or to 

submit written comments see the address below.

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

This proposed amendment will update the standards for ambient air quality throughout 

Missouri in order to reflect recent changes in the National Ambient Air Quality Standards 

(NAAQS) for fine particulate matter (PM2.5), nitrogen dioxide (NO2), and sulfur dioxide 

(SO2); reorganize the standards table for clarity; and update the rule purpose statement to 

more accurately reflect the rule. The Clean Air Act requires periodic reviews of the air 

quality criteria, the science upon which the standards are based, and the NAAQS 

themselves. As a result of federal review, the U.S. Environmental Protection Agency has 

recently updated the PM2.5, NO2, and SO2 NAAQS, and this rulemaking would revise these 

values in the state rule for consistency.

Proposed Rulemaking – Published in Dec. 16, 2013 Missouri Register

Additional Information on this rulemaking. 

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business Feb. 6, 2014.

10 CSR 10-5.240 Additional Air Quality Control Measures May be Required When Sources

Are Clustered in a Small Land Area

This proposed rescission will remove an outdated rule originally written in 1967, prior to 

the federal Clean Air Act. This rule was intended to provide the Missouri Air Conservation 

Commission authority to regulate particulate matter and sulfur dioxide emissions from 

concentrated sources in the St. Louis area. Given that section 643.050, RSMo provides the 

commission authority to promulgate regulations necessary to enforce the provisions of the 

Clean Air Act, this rule is no longer necessary. 

Proposed Rulemaking– Published in Nov. 15, 2013 Missouri Register.

Rulemakings on Public Notice - DNR Page 1 of 2

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 12/16/2013
Additional Information on this rulemaking. 

Submit comments now

Submit written comments

Comments will be accepted through close of business February 6, 2014.

10 CSR 10-6.200 Hospital, Medical, Infectious Waste Incinerators

This proposed amendment will remove language from the compliance and performance 

testing provisions that provide an exemption to the emission limits for hospital, medical 

and infectious waste incinerators (HMIWI) during start-up, shutdown or malfunction 

conditions. In addition, the hierarchy of definitions will clearly state that the applicable 

definitions in the Code of Federal Regulations take precedence over those in 10 CSR 10-

6.020 Definitions and Common Reference Tables. At the same time, EPA test method 

references in the state rule will be revised to match how these methods are referred to in 

the federal HMIWI regulations.

Proposed Rulemaking - Published in Dec. 2, 2013 Missouri Register. (Since there was a lack 

of a quorum to have an Oct. 31, 2013, public hearing, this rulemaking was refiled and renoticed.)

Additional Information on this rulemaking. 

Submit comments now

Submit written comments

Comments will be accepted through close of business February 6, 2014.

Submit written comments about any rule development to:

Chief, Air Quality Planning Section 

Missouri Department of Natural Resources 

Air Pollution Control Program 

P.O. Box 176 

Jefferson City, MO 65102-0176

Back to top

Rulemakings on Public Notice - DNR Page 2 of 2

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 12/16/2013
1

Bechtel, Cheri

From: Missouri DNR <MODNR@public.govdelivery.com>

Sent: Tuesday, December 24, 2013 8:33 AM

To: Bungart, Renee; Archer, Larry; Beydler, Van; Lovejoy, Victoria; Moore, Kyra; Vit, Wendy; 

Bechtel, Cheri; Crawford, Betsy

Subject: Courtesy Copy: Missouri DNR Air Public Notices Update - Missouri Air Conservation 

Commission Public Hearing, Jan. 30, 2014

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

This bulletin was sent to the following groups of people:

Subscribers of Air Public Notices (535 recipients) 

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

MISSOURI AIR CONSERVATION COMMISSION 

WILL HOLD PUBLIC HEARING 

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

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

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

testimony related to the following proposed action(s): 

* 10 CSR 10-6.200 (amendment) Hospital, Medical, Infectious Waste Incinerators 

 

This proposed amendment will remove language from the compliance and performance testing 

provisions that provide an exemption to the emission limits for hospital, medical, and infectious waste 

incinerators (HMIWI) during start-up, shutdown, or malfunction conditions. In addition, the hierarchy 

of definitions will clearly state that the applicable definitions in the Code of Federal Regulations take 

precedence over those in 10 CSR 10-6.020 Definitions and Common Reference Tables. At the same 

time, EPA test method references in the state rule will be revised to match how these methods are 

referred to in the federal HMIWI regulations. 

 

The above rule action will not be submitted for inclusion in the Missouri State Implementation Plan 

but will be submitted for inclusion in the plan established under Clean Air Act Section 111(d) 

covering existing sources of noncriteria pollutants. 

 

* 10 CSR 10-5.240 (rescission) Additional Air Quality Control Measures May be Required When 

Sources Are Clustered in a Small Land Area 

 
2

This proposed rescission will remove an outdated rule originally written in 1967, prior to the federal 

Clean Air Act. This rule was intended to provide the Missouri Air Conservation Commission 

authority to regulate particulate matter and sulfur dioxide emissions from concentrated sources in the 

St. Louis area. Given that section 643.050, RSMo provides the commission authority to promulgate 

regulations necessary to enforce the provisions of the Clean Air Act, this rule is no longer necessary. 

 

The above rule action will be submitted to the U.S. Environmental Protection Agency for removal 

from the Missouri State Implementation Plan. 

 

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

 

This proposed amendment will update the standards for ambient air quality throughout Missouri in 

order to reflect recent changes in the National Ambient Air Quality Standards (NAAQS) for fine 

particulate matter (PM2.5), nitrogen dioxide (NO2), and sulfur dioxide (SO2); reorganize the standards 

table for clarity; and update the rule purpose statement to more accurately reflect the rule. The Clean 

Air Act requires periodic reviews of the air quality criteria, the science upon which the standards are 

based, and the NAAQS themselves. As a result of federal review, the U.S. Environmental Protection 

Agency has recently updated the PM2.5, NO2, and SO2 NAAQS, and this rulemaking would revise 

these values in the state rule for consistency. 

 

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

Demonstration and Maintenance Plan for the Missouri Portion of the St. Louis Nonattainment Area 

for the 1997 Annual Fine Particulate Matter National Ambient Air Quality Standard 

 

In August 2011, the Missouri Air Conservation Commission adopted the Redesignation 

Demonstration and Maintenance Plan for the Missouri Portion of the St. Louis Nonattainment Area 

for the 1997 Annual Fine Particulate Matter National Ambient Air Quality Standard. This plan was 

then submitted to the U.S. Environmental Protection Agency on August 26, 2011 for inclusion in the 

Missouri State Implementation Plan. The Missouri Department of Natural Resources Air Pollution 

Control Program has developed a technical supplement/revision to this plan. The technical 

supplement/revision to this plan makes corrections to the emissions inventories included in the plan, 

includes emissions inventories and a discussion on controls for the Illinois portion of the 

nonattainment area, and changes the future year of the plan from 2022 to 2025. This technical 

supplement also establishes motor vehicle emissions budgets to be used in regional transportation 

conformity determinations for the base year (2008) and the future year (2025) of the plan. 

 

* Missouri State Implementation Plan Revision – Americold Logistics, LLC 24-Hour Particulate Matter 

(PM10) National Ambient Air Quality Standard (NAAQS) Consent Judgment 

 

As required by Section 110(a) of the Clean Air Act, Missouri’s State Implementation Plan (SIP) must 

ensure attainment and maintenance of all National Ambient Air Quality Standards (NAAQS). The 

Missouri Department of Natural Resources’ Air Pollution Control Program is proposing to amend and 

strengthen the Missouri SIP to address violations of the 24-hour coarse particulate matter (PM10) 

NAAQS of 150 micrograms per cubic meter (μg/m3

) near the Americold Logistics, LLC’s Carthage 

Crushed Limestone (CCL) facility. The SIP revision consists of a consent judgment with CCL for 

measures intended to reduce PM10 emissions at the facility, all of which are scheduled for installation 

and operation by March 31, 2014. 

 

* Missouri State Implementation Plan Revision – Limited Maintenance Plan For The St. Louis 

Nonclassifiable Maintenance Area For The 8-Hour Carbon Monoxide National Ambient Air Quality 

Standard (NAAQS) 
3

 

The initial maintenance plan for the St. Louis nonclassifiable Carbon Monoxide (CO) maintenance 

area ensured attainment of the CO NAAQS through 2008. Pursuant to Section 175A(b) of the Clean 

Air Act, the State must submit a subsequent plan revision for maintaining the standard for an 

additional 10 year period after the expiration of the first maintenance period. The Air Program has 

developed a second maintenance plan that provides for continued attainment of the 8-hour CO 

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

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

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

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

for average winter day CO emissions in the St. Louis area. 

 

If the Commission adopts these action(s), it will be the Department’s intention to submit the action(s) to the 

U.S. Environmental Protection Agency to be included in Missouri’s State Implementation Plan unless 

otherwise noted above. 

 

Documents for the above item(s) will be available for review at the Missouri Department of Natural 

Resources, Air Pollution Control Program, 1659 Elm Street, Jefferson City, 

(573) 751-4817 and in the Public Notices section of the program web site http://dnr.mo.gov/env/apcp/publicnotices.htm. This information will be available at least 30 days prior to the public hearing date. 

The Department will accept written or email comments for the record until 5 p.m. on February 6, 2014. Please 

send written comments to Chief, Air Quality Planning Section, Air Pollution Control Program, P.O. Box 176, 

Jefferson City, MO 65102-0176. Email comments may be submitted via the program web site noted above. 

All written and email comments and public hearing testimony will be equally considered. 

 

Citizens wishing to speak at the public hearing should notify the secretary to the Missouri Air Conservation 

Commission, Missouri Department of Natural Resources, Air Pollution Control Program, P.O. Box 176, 

Jefferson City, Missouri 65102-0176, or telephone (573) 526-3420. The Department requests persons 

intending to give verbal presentations also provide a written copy of their testimony to the commission 

secretary at the time of the public hearing. 

 

Persons with disabilities requiring special services or accommodations to attend the meeting can make 

arrangements by calling the Program directly at (573) 751-4817, the Division of Environmental Quality's toll 

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

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

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

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

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

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

 

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

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

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

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

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HEADQUARTER S: 71 l North Ele ve nth Street, ST. Loui s, Missouri 63101 

800.280.3376 

www .midwestlitigation .com 

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 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

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MIDWEST LITIGATION SERVICES

Page 4

1 Quality Standard.

2 10 CSR 10-6.200 (amendment) Hospital,

3 Medical, Infectious Waste Incinerators.

4 10 CSR 10-5.240 (rescission) Additional

5 Air Quality Control Measures May be Required

6 When Sources are Clustered in a Small Land Area.

7 10 CSR 10-6.010 (amendment) Ambient Air

8 Quality Standards.

9 The hearing record will close at 5:00

10 p.m. on February 6, 2014.

11 Anyone who has not been scheduled to

12 appear, but who wishes to be heard, should

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

14 sheets available at the door or by letting the

15 commission know by telephone after the public

16 hearing has been presented.

17 Section 643.100 of the Missouri

18 Statutes provides that all oral testimony be

19 given under oath. Accordingly, when you are

20 called to testify, please present yourself to

21 the court reporter first to be sworn in.

22 When you testify, please state your

23 name, business address and your occupation or

24 affiliation. If you have a prepared statement,

25 it will be helpful if you would provide a copy
 HEARING 1/30/2014

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MIDWEST LITIGATION SERVICES

Page 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 or

email 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 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 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

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 in

the National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.5), nitrogen dioxide (NO2), and sulfur dioxide

(SO2); reorganize the standards table for clarity; and update the rule

purpose statement to more accurately reflect the rule. The Clean Air

Act (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 PM2.5, NO2, and SO2

NAAQS, and this rulemaking would revise these values in the state

rule for consistency. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is Federal Register Notice 78

FR 3086 for PM2.5, promulgated January 15, 2013; Federal Register

Notice 75 FR 35520 for SO2, promulgated June 22, 2010; and

Federal Register Notice 75 FR 6474 for NO2, 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 protection

and 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 (PM10) 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 (PM2.5) 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 

1-hour 35 parts per million CSR 10-6.040(4)(C) 

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 

(PM2.5) 

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 

(PM10) 

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 (PM2.5) 

(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. Original

rule 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 rulemakings.

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) 

*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 and related implementation rules remain in place. 

***The 1997 particulate matter 2.5 micron (PM2.5) 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 1997 standard, the 1997

standard remains in effect until implementation plans to attain or maintain the 2012 standard are approved. 

****The 1971 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 1971 standards, where the 1971 standards 

remain in effect until implementation plans to attain 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 Mental

Health (DMH) received one (1) comment on the proposed amendment.

COMMENT: David Hartman requested that DMH add other specific

wording to the rule to make it more consistent with sections 205.975

to 205.990, RSMo, and to make it consistent with those sections as

they were interpreted in Gasconade County Counseling Services, Inc.

v. Missouri Department of Mental Health, 314 S.W.3d 368 (Mo.

App., E.D. 2010). Mr. Hartman suggested adding community mental

health centers, mental health clinics, public facilities and not-for-profit corporations to sections (1), (4), (5), and (6) and subsection (4)(Q)

of the rule. 

RESPONSE: The amendment filed by DMH only made changes to

section (3) of the rule. Based on rulemaking protocols, as part of the

final order of rulemaking, DMH cannot make changes in other sections that were not included in the original amendment because that

would circumvent the public notice and comment process. DMH

believes the changes made in section (3) will effectuate the ruling of

the court in Gasconade County Counseling Services, Inc. DMH will

continue to monitor the rule to determine if additional changes are necessary. 

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 5—Air Quality Standards and Air Pollution

Control Rules Specific to the St. Louis Metropolitan

Area

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation Commission

under section 643.050, RSMo Supp. 2013, the commission rescinds

a rule as follows:

10 CSR 10-5.240 Additional Air Quality Control Measures May be

Required When Sources Are Clustered in a Small Land Area

is rescinded.

A notice of proposed rulemaking containing the proposed rescission

was published in the Missouri Register on November 15, 2013 (38

MoReg 1877). No changes have been made in the proposed rescission, so it is not reprinted here. This proposed rescission becomes

effective thirty (30) days after publication in the Code of State

Regulations.

SUMMARY OF COMMENTS: The Missouri Department of

Natural Resources’ Air Pollution Control Program received no comments on the proposed rescission.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 6—Air Quality Standards, Definitions, Sampling

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation

Commission under section 643.050, RSMo Supp. 2013, the commission amends a rule as follows:

10 CSR 10-6.010 is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on December 16,

2013 (38 MoReg 2089–2092). Those sections with changes are reprinted here. This proposed amendment becomes effective thirty (30) days

after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: The Missouri Department of Natural

Resources’ Air Pollution Control Program received three (3) comments from the U.S. Environmental Protection Agency (EPA) on this

rule amendment.

COMMENT #1: The EPA suggested revised language for the footnote

regarding the 1997 ozone standard in the ambient air quality standards

table, rather than referencing the implementation of the standard. 

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, the footnote language was revised as suggested.

COMMENT #2: The EPA suggested revised language for the footnote

regarding the 1997 particulate matter PM2.5 standard in the ambient

air quality standards table.

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, the footnote language was revised as suggested.

COMMENT #3: The EPA suggested revised language for the footnote regarding the 1971 annual and 24-hour sulfur dioxide standard

in the ambient air quality standards table.

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, the footnote language was revised as suggested.

10 CSR 10-6.010 Ambient Air Quality Standards

Page 1085 June 2, 2014

Vol. 39, No. 11 Missouri Register
June 2, 2014 Page 1086 Orders of Rulemaking Vol. 39, No. 11

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 

(PM2.5) 

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 

(PM10) 

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 (PM2.5) 

(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 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 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 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 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 2008 standard are 

approved. 

**The 1997 ozone standard remains in effect. 

***The 1997 particulate matter 2.5 micron (PM2.5) 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. 
10 CSR 10-6.010 Ambient Air Quality Standards 

Pollutant Concentration Method Remarks

1. Particulate matter 

10 micron (PM10) 

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 (PM2.5) 

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 4th

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 

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, 

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 

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 

(PM2.5) 

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 

(PM10) 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 (PM2.5) 

(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 

24-hour 0.14 parts Not to be 10-6.040(A) 
10 CSR 10-6.010 

4 

Primary per 

million 

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 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 (PM2.5) 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.