exceed actual cost of copy reproduction. The entire text of the rule is printed here. Thisnote 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 (100tpy). These bakeries shall demonstrate compliance with this rule by January 1, 1997.

(C) This rule shall apply to new or modified commercial bakeries whose potentialemissions 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%) totalremoval 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 EnvironmentalProtection Agency document entitled “Alternative Control Technology Document for Bakery Oven Emissions,” EPA 453/R-92-017, December 1992, or administratorapproved alternative methods determinedthrough 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 bakeryoven 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 highenough 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. Theserecords shall be made available to the representatives of the Missouri Department of Natural Resources upon request.

(6) Compliance Schedules. Any bakeryowner 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 planshall include, but shall not be limited to, control device description, testing protocol, dateof 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 oroperators 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 heavyduty 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,

CODE OF STATE REGULATIONS 25 R OBIN C ARNAHAN (6/30/12) Secretary of State 

## Chapter 2—Air Quality Standards and Air Pollution Control Rules Specific to the Kansas City Metropolitan Area 10 CSR 10-2foundation, 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 deviceor signal, or at the direction of a law enforcement official; 2. A heavy duty diesel vehicle idlingwhen operating defrosters, heaters, air conditioners, safety lights, or other equipmentsolely 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 inaccordance 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 forthpolicy, 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 theentire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.This note applies only to the reference material. The entire text of the rule is printed
here.

(1) Applicability.

(A) If any Missouri portion of the Kansas City metropolitan area is redesignated as anonattainment 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 forstate 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) 40CFR 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 ametropolitan 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 measuresto 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) R OBIN C ARNAHAN Secretary of State 

## 10 CSR 10-2—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation CommissionD. Repairs made to correct failuresfor 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, shallnot 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 readinessmonitor 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 componentsshall 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 inparagraph (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 OzoneNonattainment 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 oroperators of commercial, public, and institutional heavy duty diesel vehicles that aredesigned to operate on public streets and highways, whether or not the vehicles are operated on public roadways.

(C) This regulation applies to owners oroperators 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) R OBIN C ARNAHAN 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 deviceor signal, or at the direction of a law enforcement official; 2. A heavy duty diesel vehicle idlingwhen operating defrosters, heaters, air conditioners, safety lights, or other equipmentsolely 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 toload 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 operatingequipment 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 proceduresspecified 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 (.029psi), except where more effective air pollution control is used and has been approved bythe 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 shallremain 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 acontrol device which removes at least eightyfive percent (85%) on a daily basis of theVOC 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.

CODE OF STATE REGULATIONS 55 R OBIN C ARNAHAN (6/30/12) 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

, Vice Chairman

# IJzd**~**

__ ,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



# --L ik

# -7b'--~~---_, Vice Chairman 

# -----'-

__

# --+..IL....

# jLt**, Member** **~_ ----"'j'---~----F--....>o....:~j~-Q-~------** **,** Member

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________________ , Member

_________________ ,Member

## Jay Nixon, Governor Sara Parker Pauley, Director


# Air Pollution Control Program

Rulemakings on Public Notice

The Missouri Department of Natural Resources file d the following proposed rulemakings with the secretary of state's office and comments are being accepted as noted at th e end of the proposed rulemaking under the Notice of Public Hearing an d 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 li sting owners and operators of passenger load/unload locations where commercial, public and institutional heavy-duty diesel vehicles load or unload passengers in the applicab ility section of the curr ent rule. The affected parties were unintentionally omitte d 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 wi ll 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 applicab ility section of the curr ent rule. The affected parties were unintentionally omitte d 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 Ha nd-Fired Equipment Prohibited.

This proposed amendment will a llow the burning of certain fuel s, such as clean wood and biomass, in non-residential hand-fired equipmen t in the St. Louis Metropolitan area. Combustion practices and restrictions will be specified to ensure the equipment is operat ed in an environmentally-sound

manner.

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

Submit comments now Submit written comments Pa g e 1 of 3 Rulemakin g s on Public Notice - DNR

12/1/2011 htt p ://dnr.mo. g ov/env/a p c p /rulemakin g .htm

## Jay Nixon, Governor Sara Parker Pauley, Director


# Air Pollution Control Program

Rulemakings on Public Notice

The Missouri Department of Natural Resources file d the following proposed rulemakings with the secretary of state's office and comments are being accepted as noted at th e end of the proposed rulemaking under the Notice of Public Hearing an d 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 li sting owners and operators of passenger load/unload locations where commercial, public and institutional heavy-duty diesel vehicles load or unload passengers in the applicab ility section of the curr ent rule. The affected parties were unintentionally omitte d 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 wi ll 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 applicab ility section of the curr ent rule. The affected parties were unintentionally omitte d 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 Ha nd-Fired Equipment Prohibited.

This proposed amendment will a llow the burning of certain fuel s, such as clean wood and biomass, in non-residential hand-fired equipmen t in the St. Louis Metropolitan area. Combustion practices and restrictions will be specified to ensure the equipment is operat ed in an environmentally-sound

manner.

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

Submit comments now Submit written comments Pa g e 1 of 3 Rulemakin g s on Public Notice - DNR

12/1/2011 htt p ://dnr.mo. g ov/env/a p c p /rulemakin g .htm

## 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 OzoneMaintenance Area. The purpose of this amendment is to clarify a discrepancy between the affected parties in the Applicability section andthe 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 designedto operate on public streets and highways, whether or not the vehicles are operated on public roadways.

(C) This regulation applies to owners and operators ofload/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 

# U nder 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 acitation to the legal authority to make rules. This appears following the text of the rule, after the word “Authority.” 

# E ntirely 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. 

# A n 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 agencywithin a specified time, no less than thirty (30) days after publication of the notice in the Missouri Register

. 

# A n agency may hold a public hearing on a rule even though 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 M ISSOURI R EGISTER10 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 thecommission 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. Theevidence 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 designedto operate on public streets and highways, whether or not the vehicles are operated on public roadways.

(C) This regulation applies to owners or operators ofload/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 whenidling 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 anysixty (60)-minute period to maintain passenger comfort while nondriver passengers are onboard; 9. An occupied heavy duty diesel vehicle with a sleeper berthcompartment 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; and13. 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 statewater 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 (37MoReg 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 ConservationCommission 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 ofNatural Resources’ Air Pollution Control Program received no comments on the proposed amendment. 

# Orders of Rulemaking

924 June 1, 2012 Vol. 37, No. 11 M ISSOURI R EGISTER



# T his section will contain the final text of the rules proposedby agencies. The order of rulemaking is required to contain a citation to the legal authority upon which the order of rulemaking is based; reference to the date and page or pages where the notice of proposed rulemaking was published in
the Missouri Register ; an explanation of any change between the text of the rule as contained in the notice of proposedrulemaking 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 lessthan thirty (30) days after the date of publication of the revision to the Code of State Regulations

. 

# T he agency is also required to make a brief summary of the general nature and extent of comments submitted in support of or opposition to the proposed rule and a concise summary of the testimony presented at the hearing, if any,held in connection with the rulemaking, together with a concise summary of the agency’s findings with respect to the merits of any such testimony or comments which are opposed in whole or in part to the proposed rule. The ninety (90)-day period during which an agency shall file its order of rulemaking for publication in the Missouri Register begins either: 1) after the hearing on the proposed rulemaking is held; or 2) at the end of the time for submission of comments to the agency. During this period, the agency shall file with the secretary of state the order of rulemaking, either putting the proposed rule into effect, with or without further changes, or withdrawing the proposed rule.

### 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 ConservationCommission 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 textof the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

.

SUMMARY OF COMMENTS: The Missouri Department ofNatural 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 assumingthat 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 aredifferent 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 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.

(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 notapply 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 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.

(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



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(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;

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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 notapply 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.



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