exceed actual cost of copy reproduction. The

entire text of the rule is printed here. This

note refers only to the incorporated by reference material.

(1) Definitions. Definitions of some of the

terms used in this rule may be found in 10

CSR 10-6.020 Definition and Common

Reference Tables. 

(2) Applicability. 

(A) This rule shall apply only in Clay,

Platte and Jackson Counties.

(B) This rule shall apply to existing commercial bakeries whose potential emissions of

volatile organic compounds (VOCs) are

greater than one hundred tons per year (100

tpy). These bakeries shall demonstrate compliance with this rule by January 1, 1997. 

(C) This rule shall apply to new or modified commercial bakeries whose potential

emissions of VOCs are greater than one hundred (100) tpy upon start-up. 

(3) Requirement. Existing or new commercial bakeries which meet the applicability

level in subsections (2)(A), (B) and (C) shall

install VOC emissions control device(s) in

order to achieve at least ninety percent (90%)

destruction and capture efficiencies or

achieve at least eighty percent (80%) total

removal efficiency on the combined emissions of all baking ovens.

(4) Determination of Compliance. Compliance with this rule shall be determined by the

following methods: 

(A) The destruction efficiency shall be

determined by using Environmental

Protection Agency (EPA) Test Method 25A

or another equivalent method that is approved

by the director. 

(B) The amount of VOC per ton of baked

bread shall be based on the EPA emission factors published in the Environmental

Protection Agency document entitled “Alternative Control Technology Document for

Bakery Oven Emissions,” EPA 453/R-92-

017, December 1992, or administratorapproved alternative methods determined

through stack testing or administratorapproved industry literature. Alternative

methods must be approved by the director. 

(C) The capture efficiency of the air pollution control device shall be determined using

the method referenced in 10 CSR 10-

6.030(20) or by an administrator-approved

alternative method. Alternative methods must

be approved by the director. 

(5) Record Keeping. 

(A) The owner or operator of a bakery

oven shall maintain a daily record of operations. The daily records shall include at least: 

1. The amount of raw material processed; 

2. The percentage of yeast used; 

3. The fermentation time; 

4. The type of product baked; 

5. The amount of product baked; 

6. The emission factor used for each

product; and 

7. The quarterly emissions. 

(B) Bakery owners or operators employing

VOC emission control device(s) shall, as

applicable, continuously monitor and record

the following parameters of such device(s)

while the bakery oven is in operation: 

1. Exhaust temperature of all combustion devices, if used. Combustion devices

must be operated at temperatures high

enough to achieve optimum destruction efficiency. The optimum operating temperatures

will be established by the department at the

time of compliance determination; 

2. Temperature rise across a catalytic

oxidation bed, if used; 

3. Exit stream temperature on all condensers, if used; and 

4. Any other monitoring parameters as

found necessary by the director. 

(C) Records under subsections (5)(A) and

(B) shall be retained by the owner or operator for a minimum of five (5) years. These

records shall be made available to the representatives of the Missouri Department of

Natural Resources upon request. 

(6) Compliance Schedules. Any bakery

owner or operator of an existing source subject to this rule shall submit a compliance

plan to the director within three (3) months of

the rule effective date. The compliance plan

shall include, but shall not be limited to, control device description, testing protocol, date

of compliance, and an operating and maintenance plan for the control device(s). The

owner or operator must implement the

approved plan and demonstrate compliance

with this rule by January 1, 1997. 

AUTHORITY: section 643.050, RSMo 1994.*

Original rule filed May 15, 1995, effective

Dec. 30, 1995.

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

1992, 1993.

10 CSR 10-2.385 Control of Heavy Duty

Diesel Vehicle Idling Emissions

PURPOSE: The purpose of this rule is to

implement restrictions on the idling of heavy

duty diesel vehicles in the Kansas City Ozone

Maintenance Area. The evidence supporting

the need for this rule, per section 536.016,

RSMo, is the federally approved 2007 Kansas

City Maintenance Plan for the Control of

Ozone.

(1) Applicability.

(A) This regulation applies throughout

Clay, Platte, and Jackson Counties. 

(B) This regulation applies to owners or

operators of commercial, public, and institutional heavy duty diesel vehicles that are

designed to operate on public streets and

highways, whether or not the vehicles are

operated on public roadways.

(C) This regulation applies to owners and

operators of load/unload locations where

commercial, public, and institutional heavy

duty diesel vehicles load or unload passengers. 

(D) Passenger vehicles as defined in subsection (2)(H) of this rule are exempt from

this rule.

(2) Definitions.

(A) Auxiliary Power Unit (APU)—An integrated system that—

1. Provides heat, air conditioning,

engine warming, or electricity to components

on a heavy duty vehicle; and 

2. Is certified by the Administrator

under part 89 of title 40, Code of Federal

Regulations (or any successor regulation), as

meeting applicable emissions standards.

(B) Commercial Vehicle—Any motor vehicle, other than a passenger vehicle, and any

trailer, semitrailer, or pole trailer drawn by

such motor vehicle, that is designed, used,

and maintained for the transportation of persons or property for hire, compensation,

profit, or in the furtherance of a commercial

enterprise. 

(C) Gross Vehicle Weight Rating

(GVWR)—The value specified by the manufacturer as the maximum design loaded

weight of a single vehicle.

(D) Heavy Duty Diesel Vehicle—A vehicle

that— 

1. Has a gross vehicle weight rating

greater than ten thousand pounds (10,000

lbs.);

2. Is powered by a diesel engine; and

3. Is designed primarily for transporting

persons or property on a public street or

highway.

(E) Idling—The operation of an engine

where the engine is not engaged in gear.

(F) Institutional Vehicles—Any motor

vehicle, other than a passenger vehicle, and

any trailer, semitrailer, or pole trailer drawn

by such a motor vehicle, that is designed,

used, and maintained for the transportation of

persons or property for an establishment,

ROBIN CARNAHAN (6/30/12) CODE OF STATE REGULATIONS 25

Secretary of State

Chapter 2—Air Quality Standards and Air Pollution Control Rules

Specific to the Kansas City Metropolitan Area 10 CSR 10-2
foundation, society, or the like, devoted to the

promotion of a particular cause or program

especially one of a public, educational, or

charitable character. 

(G) Load/Unload Locations—Distribution

centers, warehouses, retail stores, railroad

facilities, ports, and any other sites where

heavy duty diesel vehicles may idle their

engines while waiting to load or unload.

(H) Passenger Vehicle—Every motor vehicle, except motorcycles, motor-driven cycles,

and ambulances, designed for carrying ten

(10) passengers or less and used for the transportation of persons.

(I) Public Vehicles—Any motor vehicle,

other than a passenger vehicle, and any trailer, semitrailer, or pole trailer drawn by such

a motor vehicle, which is designed, used, and

maintained for the transportation of persons

or property at the public expense and under

public control.

(J) Definitions of certain terms specified in

this rule, other than those defined in this rule

section, may be found in 10 CSR 10-6.020.

(3) General Provisions.

(A) Passenger Load/Unload Locations. No

passenger load/unload location owner or

operator shall cause or allow vehicles covered

by this rule to idle for a period greater than

five (5) minutes in any sixty (60)-minute

period.

(B) Requirement for Heavy Duty Diesel

Vehicles. No owner/operator of a heavy duty

diesel vehicle covered by this rule shall idle

the vehicle for more than five (5) minutes in

any sixty (60)-minute period except as noted

in subsection (3)(C) of this rule.

(C) Exempt Idling Activities. The following

activities are exempt from 10 CSR 10-2.385:

1. A heavy duty diesel vehicle idling

while forced to remain motionless because of

road traffic, an official traffic control device

or signal, or at the direction of a law enforcement official;

2. A heavy duty diesel vehicle idling

when operating defrosters, heaters, air conditioners, safety lights, or other equipment

solely to prevent a safety or health emergency;

3. A police, fire, ambulance, public

safety, utility service vehicle, military, other

emergency or law enforcement vehicle, or

any heavy duty diesel vehicle being used in

an emergency capacity, idling while in an

emergency or training mode, and not for the

convenience of the heavy duty diesel vehicle

operator;

4. The primary propulsion engine idling

for maintenance, servicing, repairing, or

diagnostic purposes if idling is necessary for

such activity or if idling of the primary

propulsion engine is being conducted in

accordance with the manufacturer’s recommendations;

5. A heavy duty diesel vehicle idling as

part of a state or federal inspection to verify

that all equipment is in good working order,

provided idling is required as part of the

inspection;

6. A primary propulsion engine idling

when necessary to power work related

mechanical or electrical operations other than

propulsion (e.g., mixing, operating hydraulic

lifts, processing cargo, or straight truck

refrigeration). This exemption does not apply

when idling for cabin comfort or to operate

non-essential on-board equipment;

7. An armored vehicle idling when a

person remains inside the vehicle to guard the

contents, or while the vehicle is being loaded

or unloaded;

8. A bus idling for no greater than fifteen (15) minutes in any sixty (60)-minute

period to maintain passenger comfort while

non-driver passengers are onboard;

9. An occupied heavy duty diesel vehicle with a sleeper berth compartment idling

for purposes of air conditioning or heating

during government mandated rest periods;

10. A heavy duty diesel vehicle idling

due to mechanical difficulties over which the

driver has no control;

11. Heavy duty diesel vehicles used

exclusively for agricultural operations and

only incidentally operated or moved upon

public roads; 

12. Operating an auxiliary power unit as

an alternative to idling the main engine; and

13. A heavy duty diesel vehicle idling

for no greater than thirty (30) minutes in any

sixty (60)-minute period while waiting to load

or unload at a freight load/unload location.

(4) Reporting and Record Keeping. (Not

Applicable)

(5) Test Methods. (Not Applicable)

AUTHORITY: section 643.050, RSMo 2000.*

Original rule filed July 11, 2008, effective

Feb. 28, 2009. Amended: Filed Oct. 28, 2011,

effective July 30, 2012.

Original authority: 643.050, RSMo 1965, amended 1972,

1992, 1993, 1995, 2011.

10 CSR 10-2.390 Kansas City Area

Transportation Conformity Requirements

PURPOSE: This rule implements section

176(c)(4)(E) of the Clean Air Act (CAA), as

amended (42 U.S.C. 7401–7671q.), and the

related requirements of 23 U.S.C. 109(j),

with respect to the conformity of transportation plans, programs, and projects which are

developed, funded, or approved by the United

States Department of Transportation (DOT),

and by metropolitan planning organizations

(MPOs) or other recipients of funds under

Title 23 U.S.C. or the Federal Transit Laws

(49 U.S.C. Chapter 53). This rule sets forth

policy, criteria, and procedures for demonstrating and assuring conformity of such

activities to the applicable implementation

plan, developed pursuant to section 110 and

Part D of the CAA. This rule would apply to

the Kansas City attainment area should

Kansas City violate the standard and be

redesignated as nonattainment.

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.

(A) If any Missouri portion of the Kansas

City metropolitan area is redesignated as a

nonattainment area for any transportationrelated criteria pollutant, the provisions of

this rule shall apply to the Missouri counties

and the portions of Missouri counties located

within the redesignated nonattainment area.

(B) This rule meets the requirements for

state transportation conformity state implementation plans as provided in section

6011(f)(4) of the Safe, Accountable, Flexible,

Efficient Transportation Equity Act: A

Legacy for Users. This regulation addresses

and gives full legal effect to the following

three (3) requirements of the Federal

Transportation Conformity Rule, 40 CFR

part 93 subpart A: 1) 40 CFR 93.105, which

addresses consultation procedures; 2) 40

CFR 93.122(a)(4)(ii), which states that conformity plans must require written commitments to control measures to be obtained

prior to a conformity determination if the

control measures are not included in a

metropolitan planning organization’s transportation plan and transportation improvement program, and that such commitments be

fulfilled; and 3) 40 CFR 93.125(c), which

states that conformity plans must require

written commitments to mitigation measures

to be obtained prior to a project-level conformity determination, and that project sponsors

comply with such commitments.

(C) The Federal Transportation Conformity Rule is located at 40 Code of Federal

Regulations (CFR) 93.100 through 93.129.

26 CODE OF STATE REGULATIONS (6/30/12) ROBIN CARNAHAN

Secretary of State

10 CSR 10-2—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
D. Repairs made to correct failures

for DLCs that have been tampered with, rendered inoperative, or removed, or failures for

OBD communications as described in parts

(5)(B)3.A. and (5)(B)3.B. of this rule, shall

not be eligible for cost-based or estimatebased waivers.

4. Readiness monitor test.

A. 1996–2000 model year gasolinepowered vehicles may pass the readiness

monitor portion of the OBD test if they have

no more than two (2) unset non-continuous

readiness monitors.

B. 2001 and newer model year gasoline-powered vehicles may pass the readiness

monitor portion of the test if they have no

more than one (1) unset non-continuous

readiness monitor.

C. Gasoline-powered vehicles that fail

the OBD test with a catalytic converter DTC

(P0420-P0439) present must have the catalyst

monitor reset to pass the readiness monitor

portion of the OBD retest.

D. Gasoline-powered vehicles will

fail the readiness monitor portion of the OBD

test if the following non-continuous monitors

are not supported:

(I) Oxygen sensor; and

(II) Catalyst.

E. Vehicles that are on the readiness

exemption table maintained by the contractor

and authorized by the department shall be

exempt from the readiness monitor portion of

the OBD test.

F. Vehicles that fail the readiness

monitor portion of the OBD test shall fail the

OBD test. Vehicles must pass the readiness

monitor portion of the OBD test to be eligible for a cost-based or estimate-based waiver.

G. Repairs made to correct failures

for readiness monitor tampering caused by

the installation of aftermarket components

shall not be eligible for cost-based or estimate-based waivers.

5. Diagnostic trouble code test.

A. Vehicles will fail the diagnostic

trouble code test if the OBD system has

stored at least one (1) mature (non-pending,

non-historic) DTC that commands the malfunction indicator light to be illuminated.

B. Vehicles will fail the diagnostic

trouble code test if the vehicle commands the

MIL to be illuminated but the OBD system

has no mature (non-pending, non-historic)

DTCs stored in the system.

C. The contractor shall ensure that

their inspection equipment’s request for

DTCs does not cause the MIL to be illuminated.

D. Vehicles that fail the DTC portion

of the OBD test shall fail the OBD test.

(C) If the subject vehicle passes the OBD

test according to the OBD test standards

specified in subsection (3)(I) of this rule and

all of the OBD test procedures described in

section (5) of this rule, then the procedures in

paragraph (3)(H)3. of this rule shall be followed.

(D) If the subject vehicle fails the OBD test

according to the OBD test standards specified

in subsection (3)(I) of this rule or any of the

OBD test procedures described in section (5)

of this rule, then the procedures in paragraphs

(3)(H)6., (3)(H)7., and (3)(J)2. of this rule

shall be followed.

AUTHORITY: section 643.310.1, RSMo

Supp. 2008.* Original rule filed Jan. 16,

2007, effective Aug. 30, 2007. Amended:

Filed Oct. 1, 2008, effective May 30, 2009.

*Original authority: 643.310, RSMo 1994, amended

1998, 1999, 2003, 2006.

10 CSR 10-5.385 Control of Heavy Duty

Diesel Vehicle Idling Emissions

PURPOSE: The purpose of this rule is to

implement restrictions on the idling of heavy

duty diesel vehicles in the St. Louis Ozone

Nonattainment Area. The evidence supporting the need for this rule, per section

536.016, RSMo, is the federally approved

2007 Revision of the State Implementation

Plan for the St. Louis Eight (8)-Hour Ozone

Nonattainment Area.

(1) Applicability.

(A) This regulation applies throughout St.

Louis City and Franklin, Jefferson, St.

Charles, and St. Louis Counties. 

(B) This regulation applies to owners or

operators of commercial, public, and institutional heavy duty diesel vehicles that are

designed to operate on public streets and highways, whether or not the vehicles are operated on public roadways.

(C) This regulation applies to owners or

operators of load/unload locations where commercial, public, and institutional heavy duty

diesel vehicles load or unload passengers. 

(D) Passenger vehicles as defined in subsection (2)(H) of this rule are exempt from

this rule.

(2) Definitions.

(A) Auxiliary Power Unit (APU)—An integrated system that—

1. Provides heat, air conditioning,

engine warming, or electricity to components

on a heavy duty vehicle; and 

2. Is certified by the administrator under

part 89 of title 40, Code of Federal

Regulations (or any successor regulation), as

meeting applicable emissions standards.

(B) Commercial Vehicle—Any motor vehicle, other than a passenger vehicle, and any

trailer, semitrailer, or pole trailer drawn by

such motor vehicle, that is designed, used,

and maintained for the transportation of persons or property for hire, compensation,

profit, or in the furtherance of a commercial

enterprise.

(C) Gross Vehicle Weight Rating

(GVWR)—The value specified by the manufacturer as the maximum design loaded

weight of a single vehicle.

(D) Heavy Duty Diesel Vehicle—A vehicle

that— 

1. Has a gross vehicle weight rating

greater than ten thousand pounds (10,000

lbs.);

2. Is powered by a diesel engine; and

3. Is designed primarily for transporting

persons or property on a public street or

highway.

(E) Idling—The operation of an engine

where the engine is not engaged in gear.

(F) Institutional Vehicles—Any motor

vehicle, other than a passenger vehicle, and

any trailer, semitrailer, or pole trailer drawn

by such a motor vehicle, that is designed,

used, and maintained for the transportation of

persons or property for an establishment,

foundation, society, or the like, devoted to the

promotion of a particular cause or program

especially one of a public, educational, or

charitable character. 

(G) Load/Unload Locations—Distribution

centers, warehouses, retail stores, railroad

facilities, ports, and any other sites where

heavy duty diesel vehicles may idle their

engines while waiting to load or unload.

(H) Passenger Vehicle—Every motor vehicle, except motorcycles, motor-driven cycles,

and ambulances, designed for carrying ten

(10) passengers or less and used for the transportation of persons.

(I) Public Vehicles—Any motor vehicle,

other than a passenger vehicle, and any trailer, semitrailer, or pole trailer drawn by such

a motor vehicle, which is designed, used, and

maintained for the transportation of persons

or property at the public expense and under

public control.

(J) Definitions of certain terms specified in

this rule, other than those defined in this rule

section, may be found in 10 CSR 10-6.020.

(3) General Provisions.

(A) Passenger Load/Unload Locations. No

passenger load/unload location owner or

operator shall cause or allow vehicles covered

by this rule to idle for a period greater than

five (5) minutes in any sixty (60)-minute

54 CODE OF STATE REGULATIONS (6/30/12) ROBIN CARNAHAN

Secretary of State

10 CSR 10-5—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
Chapter 5—Air Quality Standards and Air Pollution Control Rules

Specific to the St. Louis Metropolitan Area 10 CSR 10-5

period.

(B) Requirement for Heavy Duty Diesel

Vehicles. No owner/operator of a heavy duty

diesel vehicle covered by this rule shall idle

the vehicle for more than five (5) minutes in

any sixty (60)-minute period except as noted

in subsection (3)(C) of this rule.

(C) Exempt Idling Activities. The following

activities are exempt from 10 CSR 10-5.385:

1. A heavy duty diesel vehicle idling

while forced to remain motionless because of

road traffic, an official traffic control device

or signal, or at the direction of a law enforcement official;

2. A heavy duty diesel vehicle idling

when operating defrosters, heaters, air conditioners, safety lights, or other equipment

solely to prevent a safety or health emergency;

3. A police, fire, ambulance, public

safety, utility service vehicle, military, other

emergency or law enforcement vehicle, or

any heavy duty diesel vehicle being used in

an emergency capacity, idling while in an

emergency or training mode, and not for the

convenience of the heavy duty diesel vehicle

operator;

4. The primary propulsion engine idling

for maintenance, servicing, repairing, or

diagnostic purposes if idling is necessary for

such activity or if idling of the primary

propulsion engine is being conducted in

accordance with the manufacturer’s recommendations;

5. A heavy duty diesel vehicle idling as

part of a state or federal inspection to verify

that all equipment is in good working order,

provided idling is required as part of the

inspection;

6. A primary propulsion engine idling

when necessary to power work-related

mechanical or electrical operations other than

propulsion (e.g., mixing, operating hydraulic

lifts, processing cargo, or straight truck

refrigeration). This exemption does not apply

when idling for cabin comfort or to operate

non-essential on-board equipment;

7. An armored vehicle idling when a

person remains inside the vehicle to guard the

contents, or while the vehicle is being loaded

or unloaded;

8. A bus idling for no greater than fifteen (15) minutes in any sixty (60)-minute

period to maintain passenger comfort while

non-driver passengers are onboard;

9. An occupied heavy duty diesel vehicle with a sleeper berth compartment idling

for purposes of air conditioning or heating

during government mandated rest periods;

10. A heavy duty diesel vehicle idling

due to mechanical difficulties over which the

driver has no control;

11. Heavy duty diesel vehicles used

exclusively for agricultural operations and

only incidentally operated or moved upon

public roads;

12. Operating an auxiliary power unit as

an alternative to idling the main engine; and

13. A heavy duty diesel vehicle idling

for no greater than thirty (30) minutes in any

sixty (60)-minute period while waiting to

load or unload at a freight load/unload location.

(4) Reporting and Record Keeping. (Not

Applicable)

(5) Test Methods. (Not Applicable)

AUTHORITY: section 643.050, RSMo 2000.*

Original rule filed July 11, 2008, effective

Feb. 28, 2009. Amended: Filed Oct. 28,

2011, effective July 30, 2012.

Original authority: 643.050, RSMo 1965, amended 1972,

1992, 1993, 1995, 2011.

10 CSR 10-5.390 Control of Emissions

From Manufacture of Paints, Varnishes,

Lacquers, Enamels and Other Allied

Surface Coating Products 

PURPOSE: This rule specifies operating

equipment requirements and operating procedures for the reduction of volatile organic

compounds from the manufacture of paints,

varnishes, lacquers, enamels and other allied

surface coating products in the St. Louis

metropolitan area. 

(1) Application.

(A) This rule shall apply throughout St.

Louis City and Jefferson, St. Charles,

Franklin and St. Louis Counties.

(B) This rule applies to all installations

which have the uncontrolled potential to emit

more than two hundred fifty kilograms (250

kg) per day or one hundred (100) tons per

year of volatile organic compounds (VOCs)

from the manufacture of paints, varnishes,

lacquers, enamels and other allied surface

coating products. 

(2) Definitions of certain terms specified in

this rule may be found in 10 CSR 10-6.020.

(3) General. No owner or operator of a manufacturing installation subject to this rule and

producing the products listed in section (1)

shall cause or allow the manufacture of these

products unless the operating equipment

meets the requirements contained in this rule

and without adhering to operating procedures

specified in this rule and operating procedures recommended by the equipment manufacturer and approved by the director. 

(4) Operating Equipment and Operating

Procedure Requirements. 

(A) Tanks storing VOC with a vapor pressure greater than or equal to 10 kilopascals

(kPa) (1.5 psi) at twenty degrees Celsius (20

°C), shall be equipped with pressure/vacuum

conservation vents set at ± 0.2 kPa (.029

psi), except where more effective air pollution control is used and has been approved by

the director. Stationary VOC storage containers with a capacity greater than two hundred

fifty (250) gallons shall be equipped with a

submerged-fill pipe or bottom fill, except

where more effective air pollution control is

used and has been approved by the director.

(B) Covers shall be installed on all opentop tanks used for the production of nonwaterbase coating products. These covers shall

remain closed except when production, sampling, maintenance or inspection procedures

require operator access.

(C) Covers shall be installed on all tanks

containing VOC used for cleaning equipment.

These covers shall remain closed except when

operator access is required. 

(D) All vapors from varnish cooking operations shall be collected and passed through a

control device which removes at least eightyfive percent (85%) on a daily basis of the

VOC from the vapors before they are discharged to the atmosphere. 

(E) All grinding mills shall be operated

and maintained in accordance with manufacturers’ specifications. The manufacturers’

specifications shall be kept on file and made

available to the director upon his/her request. 

(F) The polymerization of synthetic varnish or resin shall be done in a completely

enclosed operation with the VOC emissions

controlled by the use of surface condensers or

equivalent controls. 

1. If surface condensers are used, they

must be maintained to ensure a ninety-five

percent (95%) overall removal efficiency for

total VOC emissions when condensing total

VOC of a vapor pressure greater than 26

mmHg (as measured at 20 degrees Celsius). 

2. If equivalent controls are used, the

VOC emissions must be reduced by an

amount equivalent to the reduction which

would be achieved under paragraph (4)(F)1.

Any owner or operator desiring to use equivalent controls to comply with this subsection

shall submit proof of equivalency as part of

the control plan required under subsection

(5)(A) of this rule. Equivalent controls may

not be used unless approved by the director. 

(5) Compliance Dates. 

ROBIN CARNAHAN (6/30/12) CODE OF STATE REGULATIONS 55

Secretary of State
Order of Rulemaking 

Compliant with 643.055 RSMo, the Missouri Air Conservation Commission has 

determined that this action is needed to have a U.S. Environmental Protection 

Agency approved State Implementation Plan. 

10 CSR 10-2.385 (amendment) Control of Heavy Duty Diesel Vehicle Idling 

Emissions is hereby AMENDED by the Missouri Air Conservation Commission 

this 29th day of March, 2012. 

________________, Chairman 

IJzd~ , Vice Chairman

__,Member 

--;A"........L.le-,"""'+--\~""';d-)-L-p-.......---------- , Member 

----::IJ~.-=-cJ~~C--=-B_~~_~__,Member 

_________________________, Member 

_____________________________, Member 
Order of Rulemaking 

Compliant with 643.055 RSMo, the Missouri Air Conservation Commission has 

determined that this action is needed to have a U.S. Environmental Protection 

Agency approved State Implementation Plan. 

10 CSR 10-5.385 (amendment) Control of Heavy Duty Diesel Vehicle Idling 

Emissions is hereby AMENDED by the Missouri Air Conservation Commission 

this 29th day of March, 2012. 

________________, Chairman 

--Lik-----'-__--+..IL....-7b'--~~---_, Vice Chairman 

jLt~_, Member

----"'j'---~----F--....>o....:~j~-Q-~------ , Member 

~Jf--~~~C-B-~-=----, 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 10-2.385 (amendment) Control of Heavy Duty Diesel Vehicle Idling Emissions

These proposed amendments will clarify the current rules by listing owners and operators of 

passenger load/unload locations where commercial, public and institutional heavy-duty diesel 

vehicles load or unload passengers in the applicability section of the current rule. The affected 

parties were unintentionally omitted from the applicability section of the rule even though they are

required to comply with the rule in the general provisions section. 

Proposed rulemaking - Published in Dec. 1 Missouri Register. 

Submit comments now 

Submit written comments 

Comments about this rulemaking will be accepted through Feb. 9, 2012.

10 CSR 10-5.385 (amendment) Control of Heavy Duty Diesel Vehicle Idling Emissions

These proposed amendments will clarify the current rules by listing owners and operators of

passenger load/unload locations where commercial, public and institutional heavy-duty diesel 

vehicles load or unload passengers in the applicability section of the current rule. The affected 

parties were unintentionally omitted from the applicability section of the rule even though they are

required to comply with the rule in the general provisions section. 

Proposed rulemaking - Published in Dec. 1 Missouri Register. 

Submit comments now 

Submit written comments 

Comments about this rulemaking will be accepted through Feb. 9, 2012.

10 CSR 10-5.040 Use of Fuel in Hand-Fired Equipment Prohibited.

This proposed amendment will allow the burning of certain fuels, such as clean wood and biomass, 

in non-residential hand-fired equipment in the St. Louis Metropolitan area. Combustion practices 

and restrictions will be specified to ensure the equipment is operated in an environmentally-sound 

manner.

Proposed rulemaking - Published in the Nov. 1 Missouri Register.

Submit comments now 

Submit written comments 

Rulemakings on Public Notice - DNR Page 1 of 3

http://dnr.mo.gov/env/apcp/rulemaking.htm 12/1/2011
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 10-2.385 (amendment) Control of Heavy Duty Diesel Vehicle Idling Emissions

These proposed amendments will clarify the current rules by listing owners and operators of 

passenger load/unload locations where commercial, public and institutional heavy-duty diesel 

vehicles load or unload passengers in the applicability section of the current rule. The affected 

parties were unintentionally omitted from the applicability section of the rule even though they are

required to comply with the rule in the general provisions section. 

Proposed rulemaking - Published in Dec. 1 Missouri Register. 

Submit comments now 

Submit written comments 

Comments about this rulemaking will be accepted through Feb. 9, 2012.

10 CSR 10-5.385 (amendment) Control of Heavy Duty Diesel Vehicle Idling Emissions

These proposed amendments will clarify the current rules by listing owners and operators of

passenger load/unload locations where commercial, public and institutional heavy-duty diesel 

vehicles load or unload passengers in the applicability section of the current rule. The affected 

parties were unintentionally omitted from the applicability section of the rule even though they are

required to comply with the rule in the general provisions section. 

Proposed rulemaking - Published in Dec. 1 Missouri Register. 

Submit comments now 

Submit written comments 

Comments about this rulemaking will be accepted through Feb. 9, 2012.

10 CSR 10-5.040 Use of Fuel in Hand-Fired Equipment Prohibited.

This proposed amendment will allow the burning of certain fuels, such as clean wood and biomass, 

in non-residential hand-fired equipment in the St. Louis Metropolitan area. Combustion practices 

and restrictions will be specified to ensure the equipment is operated in an environmentally-sound 

manner.

Proposed rulemaking - Published in the Nov. 1 Missouri Register.

Submit comments now 

Submit written comments 

Rulemakings on Public Notice - DNR Page 1 of 3

http://dnr.mo.gov/env/apcp/rulemaking.htm 12/1/2011
 PUBLIC HEARING 2/2/2012

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 1

 BEFORE THE AIR CONSERVATION COMMISSION

 STATE OF MISSOURI

MISSOURI AIR CONSERVATION COMMISSION MEETING

 IN RE:

 10 CSR 10-2.385 and 10 CSR 10-5.385

 Public Hearing

 Elm Street Conference Center

 1730 East Elm Street

 Lower Level

 Bennett Springs Conference Room

 Jefferson City, Missouri 65101

 February 2, 2012

 BEFORE:

 David Zimmermann, Chairman

 Ron Boyer

 Jack Baker

 Mark Garnett (Telephonically)

 Reported by:

 Julie K. Kearns, CCR 993

 Midwest Litigation Services

 3432 West Truman Boulevard, Suite 207

 Jefferson City, Missouri 65109

 (573)636-7551
 PUBLIC HEARING 2/2/2012

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 4

1 CHAIRMAN ZIMMERMANN: Thank you. I'll now call

2 Shelly Reimer.

3 (Ms. Shelly Reimer was sworn.)

4 SHELLY REIMER: Good morning, Commissioners.

5 CHAIRMAN ZIMMERMANN: Good morning.

6 SHELLY REIMER: My name is Shelly Reimer and I

7 work as an Environmental Specialist with the Air Pollution

8 Control Program at 1659 East Elm Street in Jefferson City.

9 I am here today to present testimony on proposed

10 amendments to 10 CSR 10-2.385 and 10 CSR 10-5.385, both

11 titled Control of Heavy Duty Diesel Vehicle Idling

12 Emissions. If it pleases the Commission, I would like to

13 present both proposed amendments at the same time due to

14 the similarity of their revisions.

15 The text for these rule amendments can be found

16 beginning on page 95 of your briefing document. These two

17 rules restrict heavy-duty diesel vehicle idling in the St.

18 Louis nonattainment and Kansas City maintenance areas.

19 These proposed amendments will clarify a discrepancy

20 between the Applicability and the General Provision

21 sections of the rules.

22 These rules were originally intended to apply to

23 owners and operators of locations where heavy-duty diesel

24 vehicles load/unload passengers, such as bus stops,

25 shuttle stops, venue loading zones and depots. Under the
Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 2—Air Quality Standards and Air Pollution

Control Rules Specific to the Kansas City Metropolitan

Area

PROPOSED AMENDMENT

10 CSR 10-2.385 Control of Heavy Duty Diesel Vehicle Idling

Emissions. The commission proposes to amend the rule purpose,

amend subsection (1)(B), add new subsection (1)(C), and renumber

original subsection (1)(C) as (1)(D). 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: The purpose of this rule is to implement restrictions on

the idling of heavy duty diesel vehicles in the Kansas City Ozone

Maintenance Area. The purpose of this amendment is to clarify a discrepancy between the affected parties in the Applicability section and

the stated requirements in the General Provisions section. The evidence supporting the need for this proposed rulemaking, per section

536.016, RSMo, is an email dated November 4, 2010, from the U.S.

Environmental Protection Agency, Region 7 and a rule comment form

dated November 24, 2010, from Missouri Department of Natural

Resources staff.

PURPOSE: The purpose of this rule[making] is to implement restrictions on the idling of heavy duty diesel vehicles in the Kansas City

Ozone Maintenance Area. The evidence supporting the need for this

[proposed] rule[making], per section 536.016, RSMo, is the federally approved 2007 Kansas City Maintenance Plan for the Control of

Ozone.

(1) Applicability. 

(B) This regulation applies to owners or operators of commercial,

public, and institutional heavy duty diesel vehicles that are designed

to operate on public streets and highways, whether or not the vehicles are operated on public roadways.

(C) This regulation applies to owners and operators of

load/unload locations where commercial, public, and institutional heavy duty diesel vehicles load or unload passengers. 

[(C)](D) Passenger vehicles as defined in subsection (2)(H) of this

rule are exempt from this rule.

AUTHORITY: section 643.050, RSMo 2000. Original rule filed July

11, 2008, effective Feb. 28, 2009. Amended: Filed Oct. 28, 2011.

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

in the aggregate.

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

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin at

9:00 a.m., February 2, 2012. 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

9, 2012. Written comments shall be sent to Chief, Air Quality

Planning Section, Missouri Department of Natural Resources’ Air

Pollution Control Program, PO Box 176, Jefferson City, MO 65102-

0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 5—Air Quality Standards and Air Pollution

Control Rules Specific to the St. Louis Metropolitan

Area

PROPOSED AMENDMENT

Proposed Rules

2520

Under this heading will appear the text of proposed rules

and changes. The notice of proposed rulemaking is

required to contain an explanation of any new rule or any

change in an existing rule and the reasons therefor. This is set

out in the Purpose section with each rule. Also required is a

citation to the legal authority to make rules. This appears following the text of the rule, after the word “Authority.”

Entirely new rules are printed without any special symbology under the heading of the proposed rule. If an existing rule is to be amended or rescinded, it will have a heading

of proposed amendment or proposed rescission. Rules which

are proposed to be amended will have new matter printed in

boldface type and matter to be deleted placed in brackets.

An important function of the Missouri Register is to solicit

and encourage public participation in the rulemaking

process. The law provides that for every proposed rule,

amendment, or rescission there must be a notice that anyone

may comment on the proposed action. This comment may

take different forms.

I

f an agency is required by statute to hold a public hearing

before making any new rules, then a Notice of Public

Hearing will appear following the text of the rule. Hearing

dates must be at least thirty (30) days after publication of the

notice in the Missouri Register. If no hearing is planned or

required, the agency must give a Notice to Submit

Comments. This allows anyone to file statements in support

of or in opposition to the proposed action with the agency

within a specified time, no less than thirty (30) days after publication of the notice in the Missouri Register. 

An agency may hold a public hearing on a rule eventhough not required by law to hold one. If an agency

allows comments to be received following the hearing date,

the close of comments date will be used as the beginning day

in the ninety (90)-day-count necessary for the filing of the

order of rulemaking.

I

f an agency decides to hold a public hearing after planning

not to, it must withdraw the earlier notice and file a new

notice of proposed rulemaking and schedule a hearing for a

date not less than thirty (30) days from the date of publication

of the new notice.

Proposed Amendment Text Reminder:

Boldface text indicates new matter.

[Bracketed text indicates matter being deleted.]

December 1, 2011

Vol. 36, No. 23

MISSOURI

REGISTER
10 CSR 10-5.385 Control of Heavy Duty Diesel Vehicle Idling

Emissions. The commission proposes to amend the rule purpose;

amend subsections (1)(B), (2)(B), and (3)(C); add new subsection

(1)(C); and renumber original subsection (1)(C) as (1)(D). 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: The purpose of this rule is to implement restrictions on

the idling of heavy duty diesel vehicles in the St. Louis Ozone

Nonattainment Area. The purpose of this amendment is to clarify a

discrepancy between the affected parties in the Applicability section

and the stated requirements in the General Provisions section. The

evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is an email dated November 4, 2010, from the

U.S. Environmental Protection Agency, Region 7 and a rule comment

form dated November 24, 2010, from Missouri Department of Natural

Resources staff. 

PURPOSE: The purpose of this rule[making] is to implement

restrictions on the idling of heavy duty diesel vehicles in the St. Louis

Ozone Nonattainment Area. The evidence supporting the need for

this [proposed] rule[making], per section 536.016, RSMo, is the

federally approved 2007 Revision of the State Implementation Plan

for the St. Louis Eight (8)-Hour Ozone Nonattainment Area.

(1) Applicability. 

(B) This regulation applies to owners or operators of commercial,

public, and institutional heavy duty diesel vehicles that are designed

to operate on public streets and highways, whether or not the vehicles are operated on public roadways.

(C) This regulation applies to owners or operators of

load/unload locations where commercial, public, and institutional heavy duty diesel vehicles load or unload passengers. 

[(C)](D) Passenger vehicles as defined in subsection (2)(H) of this

rule are exempt from this rule.

(2) Definitions.

(B) Commercial Vehicle—Any motor vehicle, other than a passenger vehicle, and any trailer, semitrailer, or pole trailer drawn by

such motor vehicle, that is designed, used, and maintained for the

transportation of persons or property for hire, compensation, profit,

or in the furtherance of a commercial enterprise. 

(3) General Provisions.

(C) Exempt idling activities. The following activities are exempt

from 10 CSR 10-5.385:

1. A heavy duty diesel vehicle idling while forced to remain

motionless because of road traffic, an official traffic control device

or signal, or at the direction of a law enforcement official;

2. A heavy duty diesel vehicle idling when operating defrosters,

heaters, air conditioners, safety lights, or other equipment solely to

prevent a safety or health emergency;

3. A police, fire, ambulance, public safety, utility service vehicle, military, other emergency or law enforcement vehicle, or any

heavy duty diesel vehicle being used in an emergency capacity, idling

while in an emergency or training mode, and not for the convenience

of the heavy duty diesel vehicle operator;

4. The primary propulsion engine idling for maintenance, servicing, repairing, or diagnostic purposes if idling is necessary for

such activity or if idling of the primary propulsion engine is being

conducted in accordance with the manufacturer’s recommendations;

5. A heavy duty diesel vehicle idling as part of a state or federal inspection to verify that all equipment is in good working order,

provided idling is required as part of the inspection;

6. A primary propulsion engine idling when necessary to power

work-related mechanical or electrical operations other than propulsion (e.g., mixing, operating hydraulic lifts, processing cargo, or

straight truck refrigeration). This exemption does not apply when

idling for cabin comfort or to operate non-essential on-board equipment;

7. An armored vehicle idling when a person remains inside the

vehicle to guard the contents, or while the vehicle is being loaded or

unloaded;

8. A bus idling for no greater than fifteen (15) minutes in any

sixty (60)-minute period to maintain passenger comfort while nondriver passengers are onboard;

9. An occupied heavy duty diesel vehicle with a sleeper berth

compartment idling for purposes of air conditioning or heating during government mandated rest periods;

10. A heavy duty diesel vehicle idling due to mechanical difficulties over which the driver has no control;

11. Heavy duty diesel vehicles used exclusively for agricultural

operations and only incidentally operated or moved upon public

roads;

12. Operating an auxiliary power unit as an alternative to idling

the main engine; and

13. A heavy duty diesel vehicle idling for no greater than thirty (30) minutes in any sixty (60)-minute period while waiting to load

or unload at a freight load/unload location.

AUTHORITY: section 643.050, RSMo 2000. Original rule filed July

11, 2008, effective Feb. 28, 2009. Amended: Filed Oct. 28, 2011.

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

in the aggregate.

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

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin

at 9:00 a.m., February 2, 2012. 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

9, 2012. Written comments shall be sent to Chief, Air Quality

Planning Section, Missouri Department of Natural Resources’ Air

Pollution Control Program, PO Box 176, Jefferson City, MO 65102-

0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 20—Clean Water Commission

Chapter 7—Water Quality

PROPOSED AMENDMENT

10 CSR 20-7.031 Water Quality Standards. The department is

amending sections (1), (3), (4), (5), (6), (8), (11); adding sections

(2) and (12); and renumbering sections (7), (9), (10), (13), (14), and

(15) to accommodate added sections.

PURPOSE: This rule amendment includes revisions that ensure state

water quality standards are functionally equivalent to federal standards. These revisions also improve the clarity, specificity, and effectiveness of the rule. Several of the revisions are program development

priorities of the Department and U.S. Environmental Protection

Page 2521 December 1, 2011

Vol. 36, No. 23 Missouri Register
Title 5—DEPARTMENT OF ELEMENTARY AND

SECONDARY EDUCATION

Division 50—Division of School Improvement

Chapter 378—Instructional Grant Programs

ORDER OF RULEMAKING

By the authority vested in the State Board of Education under section

161.092, RSMo Supp. 2011, and sections 160.514, 167.340,

167.343, and 167.346, RSMo 2000, the board rescinds a rule as follows:

5 CSR 50-378.100 Read to be Ready Grant Program is rescinded.

A notice of proposed rulemaking containing the proposed rescission

was published in the Missouri Register on January 17, 2012 (37

MoReg 97). 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 5—DEPARTMENT OF ELEMENTARY AND

SECONDARY EDUCATION

Division 50—Division of School Improvement

Chapter 380—Technology Grants

ORDER OF RULEMAKING

By the authority vested in the State Board of Education under section

170.254, RSMo 2000, the board rescinds a rule as follows:

5 CSR 50-380.010 General Provisions is rescinded.

A notice of proposed rulemaking containing the proposed rescission

was published in the Missouri Register on January 17, 2012 (37

MoReg 97). 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 5—DEPARTMENT OF ELEMENTARY AND

SECONDARY EDUCATION

Division 50—Division of School Improvement

Chapter 390—Children At Risk

ORDER OF RULEMAKING

By the authority vested in the State Board of Education under sections 163.011(6) and 163.031, RSMo Supp. 2011, the board rescinds

a rule as follows:

5 CSR 50-390.010 Reductions of Pupil/Teacher Ratio for 

Children at Risk is rescinded.

A notice of proposed rulemaking containing the proposed rescission

was published in the Missouri Register on January 17, 2012 (37

MoReg 97–98). 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 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 2—Air Quality Standards and Air Pollution

Control Rules Specific to the Kansas City Metropolitan

Area

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation

Commission under section 643.050, RSMo Supp. 2011, the commission amends a rule as follows:

10 CSR 10-2.385 Control of Heavy Duty Diesel Vehicle Idling

Emissions is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on December 1,

2011 (36 MoReg 2520). 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.

Orders of Rulemaking

924

June 1, 2012

Vol. 37, No. 11

MISSOURI

REGISTER

This section will contain the final text of the rules proposed

by agencies. The order of rulemaking is required to contain a citation to the legal authority upon which the order of

rulemaking is based; reference to the date and page or pages

where the notice of proposed rulemaking was published in

the Missouri Register; an explanation of any change between

the text of the rule as contained in the notice of proposed

rulemaking and the text of the rule as finally adopted, together with the reason for any such change; and the full text of

any section or subsection of the rule as adopted which has

been changed from that contained in the notice of proposed

rulemaking. The effective date of the rule shall be not less

than thirty (30) days after the date of publication of the revision to the Code of State Regulations.

The agency is also required to make a brief summary ofthe general nature and extent of comments submitted in

support of or opposition to the proposed rule and a concise

summary of the testimony presented at the hearing, if any,

held in connection with the rulemaking, together with a concise summary of the agency’s findings with respect to the

merits of any such testimony or comments which are

opposed in whole or in part to the proposed rule. The ninety

(90)-day period during which an agency shall file its order of

rulemaking for publication in the Missouri Register begins

either: 1) after the hearing on the proposed rulemaking is

held; or 2) at the end of the time for submission of comments

to the agency. During this period, the agency shall file with

the secretary of state the order of rulemaking, either putting

the proposed rule into effect, with or without further changes,

or withdrawing the proposed rule.
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. 2011, the commission amends a rule as follows:

10 CSR 10-5.385 Control of Heavy Duty Diesel Vehicle Idling

Emissions is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on December 1,

2011 (36 MoReg 2520–2521). 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 11—DEPARTMENT OF PUBLIC SAFETY

Division 45—Missouri Gaming Commission

Chapter 9—Internal Control System

ORDER OF RULEMAKING

By the authority vested in the Missouri Gaming Commission (MGC)

under section 313.805, RSMo Supp. 2011, the commission amends

a rule as follows:

11 CSR 45-9.118 is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on January 17,

2012 (37 MoReg 106). Changes have been made to the Minimum

Internal Control Standards (MICS) as incorporated by reference in

Chapter R, and those changes are explained in the comments below.

Changes have been made to the text of the proposed amendment, so

it is reprinted here. This proposed amendment becomes effective

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

SUMMARY OF COMMENTS: A public hearing was held on this

proposed amendment on February 29, 2012. No one commented at

the public hearing. Mike Winter, Executive Director of the Missouri

Gaming Association, submitted the following comments on behalf of

the industry. 

COMMENT #1: In section 7.01 (FFF), we would suggest the title of

the form be wire transfer receipt form. 

RESPONSE: This form is mentioned in the final rules of Chapter H

and cannot be changed until we can rewrite Chapters H and R at the

same time.

COMMENT #2: In section 7.01 (FFF)(1), modify this to read—date

and time of request.

RESPONSE AND EXPLANATION OF CHANGE: Changed as

requested. 

COMMENT #3: In section 7.01 (FFF)(9), we are assuming your

intent is this should be the patron’s account name. We would ask for

some clarification on this item.

RESPONSE AND EXPLANATION OF CHANGE: Changed to

“name of the patron’s bank account.” 

COMMENT #4: In section 7.01 (FFF)(11), we are again assuming

that this is the patron’s account number and would ask for clarification.

RESPONSE AND EXPLANATION OF CHANGE: Changed to

“patron’s bank account number.”

COMMENT #5: In section 7.01 (FFF)(13), we would also ask for

some clarification if on (13) this is the confirmation number for the

transaction.

RESPONSE AND EXPLANATION OF CHANGE: This is the

tracking or confirmation number; however, to be consistent with

Chapter H, we will refer to it as the “transaction number.” 

COMMENT #6: In section 7.01 (GGG)(5), given the sensitivity of

patrons’ social security numbers, if a property is already asking for

proper identification by driver’s license, would that not suffice rather

than requiring patrons to submit social security numbers?

RESPONSE AND EXPLANATION OF CHANGE: Changed to

remove the requirement to list the social security number.

COMMENT #7: In section 7.01 (GGG)(7), we question why bank

fees should be included on the form since this is a matter between the

patron and their own financial institution.

RESPONSE: This requirement is on forms currently being used in

Missouri. By knowing the amount of the bank fees, the disposition of

all the wired funds can be verified. 

COMMENT #8: In section 7.01 (GGG)(8), we would suggest adding

the word “out” so that this reflects total amount wired out alpha and

numeric.

RESPONSE AND EXPLANATION OF CHANGE: Added “out” to

the requirement.

COMMENT #9: For section 7.01 (GGG)(17), in order to be consistent with form (FFF) should this also relate to the accounting representative rather than the staff accountant’s signature?

RESPONSE: The staff accountant must be someone independent of

the daily audit. The accounting representative is required to do the

daily accounting audit in MICS, Chapter H section 20.06. These are

different job positions. No change is made in response to this comment. 

COMMENT #10: Section 7.01 (HHH) addresses Bad Beat/Special

Hands Jackpot Payout Form. Since the form addresses two (2) issues,

would the MGC consider allowing a company to split this out to two

(2) separate forms if they wanted to handle it in this manner or continue to use a single form? 

RESPONSE: The MGC would allow two (2) forms to be submitted

to meet this form’s requirements.

11 CSR 45-9.118 Minimum Internal Control Standards (MICS)—

Chapter R

(1) The commission shall adopt and publish minimum standards for

internal control procedures that in the commission’s opinion satisfy

11 CSR 45-9.020, as set forth in Minimum Internal Control

Standards (MICS) Chapter R—Forms, which has been incorporated

by reference herein, as published by the Missouri Gaming

Commission, 3417 Knipp Dr., PO Box 1847, Jefferson City, MO

65102. Chapter R does not incorporate any subsequent amendments

or additions as adopted by the commission on March 28, 2012.

Page 925 June 1, 2012

Vol. 37, No. 11 Missouri Register
10 CSR 10-2.385 Control of Heavy Duty 

Diesel Vehicle Idling Emissions 

PURPOSE: The purpose of this rulemaking is to implement 

restrictions on the idling of heavy duty diesel vehicles in the 

Kansas City Ozone Maintenance Area. The evidence supporting the 

need for this proposed rulemaking, per section 536.016, RSMo, is 

the federally approved 2007 Kansas City Maintenance Plan for the 

Control of Ozone. 

(1) Applicability. 

(A) This regulation applies throughout Clay, Platte, and 

Jackson Counties. 

(B) This regulation applies to owners or operators of 

commercial, public, and institutional heavy duty diesel vehicles 

that are designed to operate on public streets and highways, 

whether or not the vehicles are operated on public roadways. 

(C) This regulation applies to owners and operators of 

load/unload locations where commercial, public, and 

institutional heavy duty diesel vehicles load or unload 

passengers. 

(C)(D) Passenger vehicles as defined in subsection (2)(H) 

of this rule are exempt from this rule. 

(2) Definitions. 

(A) Auxiliary Power Unit (APU)—An integrated system that— 

1. Provides heat, air conditioning, engine warming, or 

electricity to components on a heavy duty vehicle; and 

2. Is certified by the Administrator under part 89 of 

title 40, Code of Federal Regulations (or any 

successor regulation), as meeting applicable emissions 

standards. 

(B) Commercial Vehicle—Any motor vehicle, other than a 

passenger vehicle, and any trailer, semitrailer, or pole trailer 

drawn by such motor vehicle, that is designed, used, and 

maintained for the transportation of persons or property for 

hire, compensation, profit, or in the furtherance of a 

commercial enterprise. 
10 CSR 10-2.385 

(C) Gross Vehicle Weight Rating (GVWR)—The value specified 

by the manufacturer as the maximum design loaded weight of a 

single vehicle. 

(D) Heavy Duty Diesel Vehicle—A vehicle that— 

1. Has a gross vehicle weight rating greater than ten 

thousand pounds (10,000 lbs.); 

2. Is powered by a diesel engine; and 

3. Is designed primarily for transporting persons or 

property on a public street or highway. 

(E) Idling—The operation of an engine where the engine is 

not engaged in gear. 

(F) Institutional Vehicles—Any motor vehicle, other than a 

passenger vehicle, and any trailer, semitrailer, or pole trailer 

drawn by such a motor vehicle, that is designed, used, and 

maintained for the transportation of persons or property for an 

establishment, foundation, society, or the like, devoted to the 

promotion of a particular cause or program especially one of a 

public, educational, or charitable character. 

(G) Load/Unload Locations—Distribution centers, 

warehouses, retail stores, railroad facilities, ports, and any 

other sites where heavy duty diesel vehicles may idle their 

engines while waiting to load or unload. 

(H) Passenger Vehicle—Every motor vehicle, except 

motorcycles, motor-driven cycles, and ambulances, designed for 

carrying ten (10) passengers or less and used for the 

transportation of persons. 

(I) Public Vehicles—Any motor vehicle, other than a 

passenger vehicle, and any trailer, semitrailer, or pole trailer 

drawn by such a motor vehicle, which is designed, used, and 

maintained for the transportation of persons or property at the 

public expense and under public control. 

(J) Definitions of certain terms specified in this rule, 

other than those defined in this rule section, may be found in 

10 CSR 10-6.020. 
10 CSR 10-2.385 

2 

(3) General Provisions. 

(A) Passenger load/unload locations. No passenger 

load/unload location owner or operator shall cause or allow 

vehicles covered by this rule to idle for a period greater than 

five (5) minutes in any sixty (60)-minute period. 

(B) Requirement for heavy duty diesel vehicles. No 

owner/operator of a heavy duty diesel vehicle covered by this 

rule shall idle the vehicle for more than five (5) minutes in 

any sixty (60)-minute period except as noted in subsection 

(3)(C) of this rule. 

(C) Exempt idling activities. The following activities are 

exempt from 10 CSR 10-2.385: 

1. A heavy duty diesel vehicle idling while forced to 

remain motionless because of road traffic, an official 

traffic control device or signal, or at the direction 

of a law enforcement official; 

2. A heavy duty diesel vehicle idling when operating 

defrosters, heaters, air conditioners, safety lights, 

or other equipment solely to prevent a safety or 

health emergency; 

3. A police, fire, ambulance, public safety, utility 

service vehicle, military, other emergency or law 

enforcement vehicle, or any heavy duty diesel vehicle 

being used in an emergency capacity, idling while in 

an emergency or training mode, and not for the 

convenience of the heavy duty diesel vehicle operator; 

4. The primary propulsion engine idling for 

maintenance, servicing, repairing, or diagnostic 

purposes if idling is necessary for such activity or 

if idling of the primary propulsion engine is being 

conducted in accordance with the manufacturer’s 

recommendations; 
10 CSR 10-2.385 

5. A heavy duty diesel vehicle idling as part of a 

state or federal inspection to verify that all 

equipment is in good working order, provided idling is 

required as part of the inspection; 

3 

6. A primary propulsion engine idling when necessary 

to power work related mechanical or electrical 

operations other than propulsion (e.g., mixing, 

operating hydraulic lifts, processing cargo, or 

straight truck refrigeration). This exemption does not 

apply when idling for cabin comfort or to operate nonessential on-board equipment; 

7. An armored vehicle idling when a person remains 

inside the vehicle to guard the contents, or while the 

vehicle is being loaded or unloaded; 

8. A bus idling for no greater than fifteen (15) 

minutes in any sixty (60)-minute period to maintain 

passenger comfort while non-driver passengers are 

onboard; 

9. An occupied heavy duty diesel vehicle with a 

sleeper berth compartment idling for purposes of air 

conditioning or heating during government mandated 

rest periods; 

10. A heavy duty diesel vehicle idling due to 

mechanical difficulties over which the driver has no 

control; 

11. Heavy duty diesel vehicles used exclusively for 

agricultural operations and only incidentally operated 

or moved upon public roads; 

12. Operating an auxiliary power unit as an 

alternative to idling the main engine; and 

13. A heavy duty diesel vehicle idling for no greater 

than thirty (30) minutes in any sixty (60)-minute 

period while waiting to load or unload at a freight 

load/unload location. 

(4) Reporting and Record Keeping. (Not Applicable) 
10 CSR 10-2.385 

(5) Test Methods. (Not Applicable) 

AUTHORITY: section 643.050, RSMo 2000.* Original rule filed July 11, 

2008, effective Feb. 28, 2009. Original authority: 643.050, RSMo 1965, 

amended 1972, 1992, 1993, 1995. 

4 

5 
10 CSR 10-5.385 Control of Heavy Duty 

Diesel Vehicle Idling Emissions 

PURPOSE: The purpose of this rulemaking is to implement 

restrictions on the idling of heavy duty diesel vehicles in the 

St. Louis Ozone Nonattainment Area. The evidence supporting the 

need for this proposed rulemaking, per section 536.016, RSMo, is 

the federally approved 2007 Revision of the State Implementation 

Plan for the St. Louis Eight (8)-Hour Ozone Nonattainment Area. 

(1) Applicability. 

(A) This regulation applies throughout St. Louis City and 

Franklin, Jefferson, St. Charles, and St. Louis Counties. 

(B) This regulation applies to owners or operators of 

commercial, public, and institutional heavy duty diesel vehicles 

that are designed to operate on public streets and highways, 

whether or not the vehicles are operated on public roadways.

(C) This regulation applies to owners or operators of 

load/unload locations where commercial, public, and 

institutional heavy duty diesel vehicles load or unload 

passengers. 

(C)(D) Passenger vehicles as defined in subsection (2)(H) 

of this rule are exempt from this rule. 

(2) Definitions. 

(A) Auxiliary Power Unit (APU)—An integrated system that— 

1. Provides heat, air conditioning, engine warming, 

or electricity to components on a heavy duty vehicle; 

and 

2. Is certified by the administrator under part 89 of 

title 40, Code of Federal Regulations (or any 

successor regulation), as meeting applicable emissions 

standards. 

(B) Commercial Vehicle—Any motor vehicle, other than a 

passenger vehicle, and any trailer, semitrailer, or pole trailer 

drawn by such motor vehicle, that is designed, used, and 

maintained for the transportation of persons or property for 
10 CSR 10-5.385

hire, compensation, profit, or in the furtherance of a 

commercial enterprise. 

(C) Gross Vehicle Weight Rating (GVWR)—The value specified 

by the manufacturer as the maximum design loaded weight of a 

single vehicle. 

(D) Heavy Duty Diesel Vehicle—A vehicle that— 

1. Has a gross vehicle weight rating greater than ten 

thousand pounds (10,000 lbs.); 

2. Is powered by a diesel engine; and 

3. Is designed primarily for transporting persons or 

property on a public street or highway. 

(E) Idling—The operation of an engine where the engine is 

not engaged in gear. 

(F) Institutional Vehicles—Any motor vehicle, other than a 

passenger vehicle, and any trailer, semitrailer, or pole trailer 

drawn by such a motor vehicle, that is designed, used, and 

maintained for the transportation of persons or property for an 

establishment, foundation, society, or the like, devoted to the 

promotion of a particular cause or program especially one of a 

public, educational, or charitable character. 

(G) Load/Unload Locations—Distribution centers, 

warehouses, retail stores, railroad facilities, ports, and any 

other sites where heavy duty diesel vehicles may idle their 

engines while waiting to load or unload. 

(H) Passenger Vehicle—Every motor vehicle, except 

motorcycles, motor-driven cycles, and ambulances, designed for 

carrying ten (10) passengers or less and used for the 

transportation of persons. 

(I) Public Vehicles—Any motor vehicle, other than a 

passenger vehicle, and any trailer, semitrailer, or pole trailer 

drawn by such a motor vehicle, which is designed, used, and 

maintained for the transportation of persons or property at the 

public expense and under public control. 

(J) Definitions of certain terms specified in this rule, 

other than those defined in this rule section, may be found in 

10 CSR 10-6.020. 
10 CSR 10-5.385

2 

(3) General Provisions. 

(A) Passenger load/unload locations. No passenger 

load/unload location owner or operator shall cause or allow 

vehicles covered by this rule to idle for a period greater than 

five (5) minutes in any sixty (60)-minute period. 

(B) Requirement for heavy duty diesel vehicles. No 

owner/operator of a heavy duty diesel vehicle covered by this 

rule shall idle the vehicle for more than five (5) minutes in 

any sixty (60)-minute period except as noted in subsection 

(3)(C) of this rule. 

(C) Exempt idling activities. The following activities are 

exempt from 10 CSR 10- 5.385: 

1. A heavy duty diesel vehicle idling while forced to 

remain motionless because of road traffic, an official 

traffic control device or signal, or at the direction 

of a law enforcement official; 

2. A heavy duty diesel vehicle idling when operating 

defrosters, heaters, air conditioners, safety lights, 

or other equipment solely to prevent a safety or 

health emergency; 

3. A police, fire, ambulance, public safety, utility 

service vehicle, military, other emergency or law 

enforcement vehicle, or any heavy duty diesel vehicle 

being used in an emergency capacity, idling while in 

an emergency or training mode, and not for the 

convenience of the heavy duty diesel vehicle operator; 

4. The primary propulsion engine idling for 

maintenance, servicing, repairing, or diagnostic 

purposes if idling is necessary for such activity or 

if idling of the primary propulsion engine is being 

conducted in accordance with the manufacturer’s 

recommendations; 
10 CSR 10-5.385

5. A heavy duty diesel vehicle idling as part of a 

state or federal inspection to verify that all 

equipment is in good working order, provided idling is 

required as part of the inspection; 

3 

6. A primary propulsion engine idling when necessary 

to power work related mechanical or electrical 

operations other than propulsion (e.g., mixing, 

operating hydraulic lifts, processing cargo, or 

straight truck refrigeration). This exemption does not 

apply when idling for cabin comfort or to operate nonessential on-board equipment; 

7. An armored vehicle idling when a person remains 

inside the vehicle to guard the contents, or while the 

vehicle is being loaded or unloaded; 

8. A bus idling for no greater than fifteen (15) 

minutes in any sixty (60)-minute period to maintain 

passenger comfort while non-driver passengers are 

onboard; 

9. An occupied heavy duty diesel vehicle with a 

sleeper berth compartment idling for purposes of air 

conditioning or heating during government mandated 

rest periods; 

10. A heavy duty diesel vehicle idling due to 

mechanical difficulties over which the driver has no 

control; 

11. Heavy duty diesel vehicles used exclusively for 

agricultural operations and only incidentally operated 

or moved upon public roads; 

12. Operating an auxiliary power unit as an 

alternative to idling the main engine; and 

13. A heavy duty diesel vehicle idling for no greater 

than thirty (30) minutes in any sixty (60)-minute 

period while waiting to load or unload at a freight 

load/unload location. 

(4) Reporting and Record Keeping. (Not Applicable) 
10 CSR 10-5.385

(5) Test Methods. (Not Applicable) 

AUTHORITY: section 643.050, RSMo 2000.* Original rule filed July 11, 

2008, effective Feb. 28, 2009. Original authority: 643.050, RSMo 1965, 

amended 1972, 1992, 1993, 1995. 

4 

5