rules of department of natural resources · john r. ashcroft (6/30/13)* code of state regulations 1...

CODE OF STATE REGULATIONS 1JOHN R. ASHCROFT (6/30/13)*Secretary of State

Rules ofDepartment of Natural Resources

Division 10—Air Conservation CommissionChapter 2—Air Quality Standards and

Air Pollution Control Rules Specificto the Kansas City Metropolitan Area

Title Page

10 CSR 10-2.010 Ambient Air Quality Standards (Rescinded February 11, 1978) .......................3

10 CSR 10-2.020 Definitions (Rescinded February 11, 1978) ................................................3

10 CSR 10-2.030 Restriction of Emission of Particulate Matter From Industrial Processes (Rescinded March 30, 2001) ...............................................................3

10 CSR 10-2.040 Maximum Allowable Emission of Particulate Matter From Fuel Burning Equipment Used for Indirect Heating (Rescinded October 30, 2011) ...............3

10 CSR 10-2.050 Preventing Particulate Matter From Becoming Airborne (Rescinded September 28, 1990) ..........................................................3

10 CSR 10-2.060 Restriction of Emission of Visible Air Contaminants (Rescinded May 30, 2000) ..................................................................3

10 CSR 10-2.070 Restriction of Emission of Odors (Rescinded November 30, 2010) ...................3

10 CSR 10-2.080 Emission of Visible Air Contaminants From Internal Combustion Engines (Rescinded November 30, 2002)...........................................................3

10 CSR 10-2.090 Incinerators (Rescinded December 9, 1991) ...............................................3

10 CSR 10-2.100 Open Burning Restrictions (Rescinded January 30, 2008) ..............................3

10 CSR 10-2.110 Approval of Planned Installations Required (Rescinded April 11, 1980) .............3

10 CSR 10-2.120 Measurement of Emissions of Air Contaminants (Rescinded April 9, 1992) ........4

10 CSR 10-2.130 Submission of Emission Information (Rescinded November 12, 1984) ...............4

10 CSR 10-2.140 Circumvention (Rescinded September 28, 1990) .........................................4

10 CSR 10-2.150 Time Schedule for Compliance (Rescinded December 30, 2008)......................4

10 CSR 10-2.160 Restriction of Emission of Sulfur Compounds (Rescinded July 30, 1997) ...........4

10 CSR 10-2.170 Rules for Controlling Emissions During Periods of High Air Pollution Potential (Rescinded October 11, 1984) ......................................4

2 CODE OF STATE REGULATIONS (6/30/13)* JOHN R. ASHCROFT

Secretary of State

10 CSR 10-2.180 Public Availability of Emission Data (Rescinded November 12, 1984) ...............4

10 CSR 10-2.190 New Source Performance Regulations (Rescinded April 11, 1980) ...................4

10 CSR 10-2.200 Restriction of Emission of Sulfur Compounds From Indirect Heating Sources (Rescinded July 30, 1997)............................4

10 CSR 10-2.205 Control of Emissions From Aerospace Manufacture and Rework Facilities..........4

10 CSR 10-2.210 Control of Emissions From Solvent Metal Cleaning .....................................9

10 CSR 10-2.215 Control of Emissions From Solvent Cleanup Operations ..............................13

10 CSR 10-2.220 Liquefied Cutback Asphalt Paving Restricted ............................................14

10 CSR 10-2.230 Control of Emissions From Industrial Surface Coating Operations ..................14

10 CSR 10-2.240 Restriction of Emissions of Volatile Organic Compounds From Petroleum Refinery Sources (Rescinded November 23, 1987) ..............16

10 CSR 10-2.250 Control of Volatile Leaks From Petroleum Refinery Equipment (Rescinded November 23, 1987) ...........................................16

10 CSR 10-2.260 Control of Petroleum Liquid Storage, Loading and Transfer ..........................16

10 CSR 10-2.270 Restriction of Emissions From Catalytic Cracking Units (Rescinded November 23, 1987) .........................................................19

10 CSR 10-2.280 Control of Emissions From Perchloroethylene Dry Cleaning Installations (Rescinded January 30, 2003) ...........................19

10 CSR 10-2.290 Control of Emissions From Rotogravure and Flexographic Printing Facilities............................................................................19

10 CSR 10-2.300 Control of Emissions From the Manufacturing of Paints, Varnishes, Lacquers, Enamels and Other Allied Surface Coating Products .................................20

10 CSR 10-2.310 Control of Emissions From the Application of Automotive Underbody Deadeners ......................................................................21

10 CSR 10-2.320 Control of Emissions From Production of Pesticides and Herbicides................21

10 CSR 10-2.330 Control of Gasoline Reid Vapor Pressure .................................................22

10 CSR 10-2.340 Control of Emissions From Lithographic Printing Installations.......................23

10 CSR 10-2.360 Control of Emissions From Bakery Ovens ...............................................25

10 CSR 10-2.385 Control of Heavy-Duty Diesel Vehicle Idling Emissions...............................25

10 CSR 10-2.390 Kansas City Area Transportation Conformity Requirements ..........................26

CODE OF STATE REGULATIONS 3ROBIN CARNAHAN (9/30/11)Secretary of State

Chapter 2—Air Quality Standards and Air Pollution Control RulesSpecific to the Kansas City Metropolitan Area 10 CSR 10-2

Title 10—DEPARTMENT OFNATURAL RESOURCES

Division 10—Air ConservationCommission

Chapter 2—Air Quality Standards andAir Pollution Control RulesSpecific to the Kansas City

Metropolitan Area

10 CSR 10-2.010 Ambient Air QualityStandards(Rescinded February 11, 1978)

AUTHORITY: section 203.050, RSMo 1969.Original rule filed Dec. 26, 1968, effectiveJan. 5, 1969. Amended: Filed March 26,1970, effective April 5, 1970. Rescinded:Filed Sept. 1, 1977, effective Feb. 11, 1978.

10 CSR 10-2.020 Definitions(Rescinded February 11, 1978)

AUTHORITY: section 203.050, RSMo 1969.Original rule filed Dec. 26, 1968, effectiveJan. 5, 1969. Amended: Filed March 26,1970, effective April 5, 1970. Rescinded:Filed Sept. 1, 1977, effective Feb. 11, 1978.

10 CSR 10-2.030 Restriction of Emission ofParticulate Matter From Industrial Pro-cesses(Rescinded March 30, 2001)

AUTHORITY: section 203.050, RSMo 1986.Original rule filed Dec. 26, 1968, effectiveJan. 5, 1969. Amended: Filed June 30, 1975,effective July 9, 1975. Amended: Filed March15, 1979, effective Nov. 11, 1979. Amended:Filed July 16, 1979 effective Feb. 11, 1980.Amended: Filed Oct. 13, 1983, effectiveMarch 12, 1984. Rescinded: Filed Aug. 4,2000, effective March 30, 2001.

Op. Atty. Gen. No. 331, Shell, 11-15-71.The Missouri Air Conservation Commissionhas the authority under Chapter 203, RSMo1969 and the Constitution of Missouri toenforce without delay the provisions ofChapter 203, RSMo 1969 and standards andregulations, through administrative proce-dures and injunctive relief.

10 CSR 10-2.040 Maximum AllowableEmission of Particulate Matter From FuelBurning Equipment Used for IndirectHeating(Rescinded October 30, 2011)

AUTHORITY: section 203.050, RSMo 1986.Original rule filed Dec. 26, 1968, effective

Jan. 5, 1969. Amended: Filed March 2,1972, effective March 12, 1972. Rescindedand readopted: Filed Aug. 11, 1978, effectiveFeb. 11, 1979. Amended: Filed March 14,1984, effective Sept. 14, 1984. Rescinded:Filed Feb. 25, 2011, effective Oct. 30, 2011.

10 CSR 10-2.050 Preventing ParticulateMatter From Becoming Airborne(Rescinded September 28, 1990)

AUTHORITY: section 203.050, RSMo 1986.Original rule filed Dec. 26, 1968, effectiveJan. 5, 1969. Amended: Filed Dec. 27, 1971,effective Jan. 6, 1972. Amended: Filed June30, 1975, effective July 9, 1975. Amended:Filed May 11, 1984, effective Oct. 11, 1984.Rescinded: Filed March 5, 1990, effectiveSept. 28, 1990.

10 CSR 10-2.060 Restriction of Emissionof Visible Air Contaminants(Rescinded May 30, 2000)

AUTHORITY: section 203.050, RSMo 1986.Original rule filed Dec. 26, 1968, effectiveJan. 5, 1969. Amended: Filed April 5, 1972,effective April 15, 1972. Amended: Filed Jan.15, 1977, effective July 11, 1977. Amended:Filed July 16, 1979, effective Feb. 11, 1980.Rescinded: Filed Sept. 15, 1999, effectiveMay 30, 2000.

10 CSR 10-2.070 Restriction of Emission ofOdors(Rescinded November 30, 2010)

AUTHORITY: section 643.050, RSMo 2000.Original rule filed Dec. 26, 1968, effectiveJan. 5, 1969. Amended: Filed March 26,1970, effective April 5, 1970. Amended: FiledAug. 15, 1983, effective Jan. 13, 1984.Amended: Filed Nov. 2, 1998, effective July30, 1999. Amended: Filed Feb. 14, 2003,effective Sept. 30, 2003. Amended: FiledDec. 4, 2006, effective July 30, 2007.Rescinded: Filed April 14, 2010, effectiveNov. 30, 2010.

10 CSR 10-2.080 Emission of Visible AirContaminants From Internal CombustionEngines(Rescinded November 30, 2002)

AUTHORITY: section 203.050, RSMo 1986.Original rule filed Dec. 26, 1968, effectiveJan. 5, 1969. Rescinded: Filed Feb. 28,2002, effective Nov. 30, 2002.

Op. Atty. Gen. No. 331, Shell, 11-15-71.The state of Missouri has the authority toinspect for “air pollution control devices”which may be installed on motor vehicles asa requirement to comply with applicableemission regulations but whether regulationsand inspections would accomplish the pur-pose of “enforcing compliance with applica-ble emission standards” which are federalstandards and whether the preemption provi-sion of 42 USCA, Section 1857f-6a has beencomplied with are questions that only theappropriate federal officials can answer. TheMissouri Air Conservation Commission hasthe authority under Chapter 203, RSMo(1969) to adopt emission control regulations,including limitations on the content of fuels,which will attain and maintain national airquality standards, if the state standards arethe same or more stringent.

10 CSR 10-2.090 Incinerators(Rescinded December 9, 1991)

AUTHORITY: section 203.050, RSMo 1986.Original rule filed Dec. 26, 1968, effectiveJan. 5, 1964. Amended: Filed Dec. 15,1982, effective May 12, 1983. Amended:Filed Oct. 13, 1983, effective March 12,1984. Rescinded: Filed May 20, 1991, effec-tive Dec. 9, 1991.

10 CSR 10-2.100 Open Burning Restrictions(Rescinded January 30, 2008)

AUTHORITY: section 203.050, RSMo 1986.Original rule filed Dec. 26, 1968, effectiveJan. 5, 1969. Amended: Filed March 2,1972, effective March 12, 1972. Amended:Filed Feb. 13, 1979, effective July 12, 1979.Amended: Filed Aug. 13, 1982, effective Jan.13, 1983. Amended: Filed Nov. 9, 1983,effective April 12, 1984. Rescinded: FiledJune 7, 2007, effective Jan. 30, 2008.

10 CSR 10-2.110 Approval of PlannedInstallations Required(Rescinded April 11, 1980)

AUTHORITY: section 203.050, RSMo 1978.Original rule filed Dec. 26, 1968, effectiveJan. 5, 1969. Amended: Filed Dec. 27, 1971,effective Jan. 6, 1972. Amended: Filed Aug.25, 1972, effective Sept. 4, 1972. Amended:Filed Aug. 16, 1977, effective Feb. 11, 1978.Rescinded: Filed Dec. 10, 1979, effectiveApril 11, 1980.

Op. Atty. Gen. No. 218, Shell, 8-21-73. TheMissouri Air Conservation Commission does

not have the authority under Chapter 203,RSMo to prevent the construction of “complexsources” when it is determined that suchsources may indirectly cause ambient airquality standards to be violated.

Op. Atty. Gen. No. 331, Shell, 11-15-71.The Missouri Air Conservation Commissionhas the authority under Chapter 203, RSMo(1969) to provide for the equivalent of a con-struction permit system by promulgating reg-ulations to require the submission of plansand specifications for approval before anyperson may construct any facility which willcause air pollution, but that the commissionhas no such authority regarding an equiva-lent permit system for the operation of exist-ing facilities which are the source of air pol-lution.

10 CSR 10-2.120 Measurement of Emis-sions of Air Contaminants(Rescinded April 9, 1992)

AUTHORITY: section 203.050, RSMo 1986.Original rule filed Dec. 26, 1968, effectiveJan. 5, 1969. Rescinded: Filed Oct. 15,1991, effective April 9, 1992.

10 CSR 10-2.130 Submission of EmissionInformation(Rescinded November 12, 1984)

AUTHORITY: section 203.050, RSMo 1978.Original rule filed Dec. 26, 1968, effectiveJan. 5, 1969. Amended: Filed Aug. 25,1972, effective Sept. 4, 1972. Rescinded:Filed June 13, 1984, effective Nov. 12, 1984.

Op. Atty. Gen. No. 331, Shell, 11-15-71.The Missouri Air Conservation Commissiondoes not have any specific authority torequire the installation of emission monitor-ing devices, but does have the authority torequire reports from sources of air pollutionrelating to rate, period of emission and com-position of effluent and to make such infor-mation available to the public, unless anysuch information is “confidential” as definedby section 203.050.4, RSMo (1969).

10 CSR 10-2.140 Circumvention(Rescinded September 28, 1990)

AUTHORITY: section 203.050, RSMO 1986.Original rule filed Dec. 26, 1968, effectiveJan. 5, 1969. Rescinded: Filed April 18,1990, Sept. 28, 1990.

10 CSR 10-2.150 Time Schedule for Com-pliance(Rescinded December 30, 2008)

AUTHORITY: section 203.050, RSMo 1986.Original rule filed Dec. 26, 1968, effectiveJan. 5, 1969. Amended: Filed March 26,1970, effective April 5, 1970. Rescinded:Filed April 17, 2008, effective Dec. 30, 2008.

10 CSR 10-2.160 Restriction of Emission ofSulfur Compounds(Rescinded July 30, 1997)

AUTHORITY: section 203.050, RSMo 1986.Original rule filed March 24, 1971, effectiveApril 3, 1971. Amended: Filed Oct. 14,1977, effective March 11, 1978. Rescinded:Filed Dec. 13, 1996, effective July 30, 1997.

10 CSR 10-2.170 Rules for ControllingEmissions During Periods of High AirPollution Potential(Rescinded October 11, 1984)

AUTHORITY; section 203.050, RSMo 1978.Original rule filed March 24, 1971, effectiveApril 3, 1971. Amended: Filed Dec. 27,1971, effective Jan. 6, 1972. Rescinded:Filed May 11, 1984, effective Oct. 11, 1984.

10 CSR 10-2.180 Public Availability ofEmission Data(Rescinded November 12, 1984)

AUTHORITY: section 203.050, RSMo 1978.Original rule filed Aug. 25, 1972, effectiveSept. 4, 1972. Rescinded: Filed June 13,1984, effective Nov. 12, 1984.

Op. Atty. Gen. No. 331, Shell, 11-15-71.The Missouri Air Conservation Commissiondoes not have any specific authority torequire the installation of emission monitor-ing devices, but does have the authority torequire reports from sources of air pollutionrelating to rate, period of emission and com-position of effluent and to make such infor-mation available to the public, unless anysuch information is “confidential” as definedin section 203.050.4, RSMo 1969.

10 CSR 10-2.190 New Source PerformanceRegulations(Rescinded April 11, 1980)

AUTHORITY: section 203.050, RSMo 1978.Original rule filed Dec. 19, 1975, effective

Dec. 29, 1975. Rescinded: Filed Dec. 10,1979, effective April 11, 1980.

Op. Atty. Gen. No. 331, Shell, 11-15-71.The Missouri Air Conservation Commissionhas the authority under Chapter 203, RSMo1969 to adopt emission control regulations,including limitations on the content of fuels,which will attain and maintain national airquality standards, if the state standards arethe same or more stringent.

10 CSR 10-2.200 Restriction of Emission ofSulfur Compounds From Indirect HeatingSources(Rescinded July 30, 1997)

AUTHORITY: section 203.050, RSMo 1986.Original rule filed Oct. 14, 1977, effectiveMarch 11, 1978. Rescinded: Filed Dec. 13,1996, effective July 30, 1997.

10 CSR 10-2.205 Control of EmissionsFrom Aerospace Manufacture and ReworkFacilities

PURPOSE: This rulemaking will reducevolatile organic compound emissions fromaerospace manufacture and/or rework facili-ties located in the Kansas City ozone mainte-nance area. This rulemaking is required tocomply with the Clean Air Act Amendments of1990. The RSMo 536.016 requirement fornecessity evidence is the Kansas City OzoneMaintenance Plan adopted February 3, 1998,and Section 182 of the Clean Air Act.

PUBLISHER’S NOTE: The publication of thefull text of the material that the adoptingagency has incorporated by reference in thisrule would be unduly cumbersome or expen-sive. Therefore, the full text of that materialwill be made available to any interested per-son at both the the Office of the Secretary ofState and the office of the adopting agency,pursuant to section 536.031.4, RSMo. Suchmaterial will be provided at the cost estab-lished by state law.

(1) Applicability.(A) This rulemaking shall apply through-

out Platte, Clay, and Jackson Counties.(B) The requirements of this rulemaking

shall apply to all aerospace manufacture and/orrework facilities with potential emissions ofvolatile organic compounds (VOC) exceedingtwenty-five (25) tons per year.

(2) Definitions.(A) Definitions of individual specialty coat-

ings specified in this rule are incorporated by

4 CODE OF STATE REGULATIONS (9/30/11) ROBIN CARNAHAN

Secretary of State

10 CSR 10-2—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission

reference from 40 CFR 63 Subpart GG,Appendix A, with the following modifica-tions:

1. Mold release—A coating applied to amold surface to prevent the mold piece fromsticking to the mold as it is removed, or to anaerospace component for purposes of creatinga form-in-place seal.

2. Caulking and smoothing compound—A semi-solid material that is used to aerody-namically smooth exterior vehicle surfaces orfill cavities such as bolt hole accesses. Amaterial shall not be classified as a caulkingand smoothing compound if it can be classi-fied as a sealant.

(B) Aerospace manufacture and/or reworkfacility—Any installation that produces,reworks, or repairs in any amount any com-mercial, civil, or military aerospace vehicleor component.

(C) Aerospace vehicle or component—Anyfabricated part, processed part, assembly ofparts, or completed unit, with the exceptionof electronic components, of any aircraft.

(D) Antique aerospace vehicle or compo-nent—An aircraft or component thereof thatwas built at least thirty (30) years ago. Anantique aerospace vehicle would not routine-ly be in commercial or military service in thecapacity for which it was designed.

(E) Aqueous cleaning solvent—A cleaningsolution in which water is the primary ingre-dient (greater than eighty percent (80%) byweight of cleaning solvent solution as appliedmust be water). Detergents, surfactants, andbioenzyme mixtures and nutrients may becombined with the water along with a varietyof additives such as organic solvents (e.g. highboiling point alcohols), builders, saponifiers,inhibitors, emulsifiers, pH buffers, andantifoaming agents. Aqueous solutions musthave a flash point greater than ninety-threedegrees Celsius (93 °C) (two hundred degreesFahrenheit (200 °F)) (as reported by the man-ufacturer) and the solution must be misciblewith water.

(F) Chemical milling maskants—A coatingthat is applied directly to aluminum compo-nents to protect surface areas when chemicalmilling the component with a Type I or TypeII etchant. Type I chemical milling maskantsare used with a Type I etchant and Type IIchemical milling maskants are used with aType II etchant. This definition does notinclude bonding maskants, critical use andline sealer maskants, and seal coat maskants.Maskants that must be used with a combina-tion of Type I or Type II etchants and any ofthe above types of maskants are also notincluded in this definition.

(G) Energized electrical systems—Any ACor DC electrical circuit on an assembled air-

craft once electrical power is connected,including interior passenger and cargo areas,wheel wells, and tail sections.

(H) Flush cleaning—The removal of con-taminants such as dirt, grease, and coatingsfrom an aerospace vehicle or component orcoating equipment by passing solvent over,into, or through the item being cleaned. Thesolvent may simply be poured into the itemcleaned and then drained, or be assisted byair or hydraulic pressure, or by pumping.Hand-wipe cleaning operations where wip-ing, scrubbing, mopping, or other handactions are used are not included in this defi-nition.

(I) General aviation—Segment of civil avi-ation that encompasses all facets of aviationexcept air carriers, commuters, and military.General aviation includes charter and corpo-rate-executive transportation, instruction,rental, aerial application, aerial observation,business, pleasure, and other special uses.

(J) General aviation rework facility—Anyaerospace installation with the majority of itsrevenues resulting from the reconstruction,repair, maintenance, repainting, conversion,or alteration of general aviation aerospacevehicles or components.

(K) High volume low pressure (HVLP)spray equipment—Spray equipment that isused to apply coating by means of spray gunthat operates at ten pounds per square inchgauge (10 psig) of atomizing air pressure orless at the air cap.

(L) Low vapor pressure hydrocarbon-basedcleaning solvent—A cleaning solvent that iscomposed of a mixture of photochemicallyreactive hydrocarbons and oxygenated hydro-carbons and has a maximum vapor pressureof seven millimeters of mercury (7 mmHg) attwenty degrees Celsius (20 °C). These clean-ers must not contain hazardous air pollutants.

(M) Primer—The first layer and any sub-sequent layers of identically formulated coat-ing applied to the surface of an aerospacevehicle or component. Primers are typicallyused for corrosion prevention, protectionfrom the environment, functional fluid resis-tance, and adhesion of subsequent coatings.Primers that are defined as specialty coatingsare not included under this definition.

(N) Self-priming topcoat—A topcoat thatis applied directly to an uncoated aerospacevehicle or component for purposes of corro-sion prevention, environmental protection,and function fluid resistance. More than one(1) layer of identical coating formulation maybe applied to the vehicle or component.

(O) Semi-aqueous cleaning solvent—Asolution in which water is a primary ingredi-ent (greater than sixty percent (60%) by

weight of the solvent solution as applied mustbe water).

(P) Specialty coating—A coating that, eventhough it meets the definition of a primer,topcoat, or self-priming topcoat, has addi-tional performance criteria beyond those ofprimers, topcoats, and self-priming topcoatsfor specific applications. These performancecriteria may include, but are not limited to,temperature or fire resistance, substrate com-patibility, antireflection, temporary protec-tion or marking, sealing, adhesively joiningsubstrates, or enhanced corrosion protection.

(Q) Topcoat—A coating that is appliedover a primer on an aerospace vehicle orcomponent for appearance, identification,camouflage, or protection. Topcoats that aredefined as specialty coatings are not includedunder this definition.

(R) Touch-up and repair operation—Thatportion of the coating operation that is theincidental application of coating used to coverminor imperfections in the coating finish orto achieve complete coverage. This definitionincludes out-of-sequence or out-of-cycle coat-ing.

(S) Type I etchant—A chemical millingetchant that contains varying amounts of dis-solved sulfur and does not contain amines.

(T) Type II etchant—A chemical millingetchant that is a strong sodium hydroxidesolution containing amines.

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

(3) General Provisions.(A) No person shall cause, permit, or

allow the emissions of VOC from the coatingof aerospace vehicles or components toexceed—

1. 2.9 pounds per gallon (350 grams perliter) of coating, excluding water and exemptsolvents delivered to a coating applicator thatapplies primers. For general aviation reworkfacilities, the VOC limitation shall be 4.5pounds per gallon of coating, excluding waterand exempt solvents, delivered to a coatingapplicator that applies primers;

2. 3.5 pounds per gallon (420 grams perliter) of coating, excluding water and exemptsolvents, delivered to a coating applicator thatapplies topcoats (including self-priming top-coats). For general aviation rework facilities,the VOC limit shall be 4.5 pounds per gallon(540 grams per liter) of coating, excludingwater and exempt solvents, delivered to acoating applicator that applies topcoats(including self-priming topcoats);

3. The VOC content limits listed inTable I expressed in pounds per gallon of



coating, excluding water and exempt solventsdelivered to a coating applicator that appliesspecialty coatings;


Secretary of State


4. 5.2 pounds per gallon (620 grams perliter) of coating, excluding water and exemptsolvents, delivered to a coating applicator thatapplies Type I chemical milling maskant; and

5. 1.3 pounds per gallon (150 grams perliter) of coating, excluding water and exemptsolvents, delivered to a coating applicator thatapplies Type II chemical milling maskants.

(B) The emission limitations in subsection(3)(A) of this rule shall be achieved by—

1. The application of low solvent coatingtechnology where each and every coatingmeets the specified applicable limitationexpressed in pounds of VOC per gallon ofcoating, excluding water and exempt solvents,stated in subsection (3)(A) of this rule;

2. The application of low solvent coatingtechnology where the monthly volume-weighted average VOC content of each speci-fied coating type meets the specified applica-ble limitation expressed in pounds of VOCper gallon of coating, excluding water andexempt solvents, stated in subsection (3)(A)of this rule; averaging is not allowed for spe-cialty coatings, and averaging is not allowedbetween primers, topcoats (including self-priming topcoats), Type I milling maskants,and Type II milling maskants or any combi-nation of the above coating categories; or

3. Control equipment, including but notlimited to incineration, carbon adsorptionand condensation, with a capture systemapproved by the director, provided that theowner or operator demonstrates, in accor-dance with subsection (5)(C), that the controlsystem has a VOC reduction efficiency ofeighty-one percent (81%) or greater.

(C) Each owner or operator of anaerospace manufacturing and/or rework oper-ation shall apply all non-exempt primers andtopcoats using one (1) or more of the appli-cation techniques specified below—

1. Flow/curtain application;2. Dip coat application;3. Roll coating;4. Brush coating;5. Cotton-tipped swab application;6. Electrodeposition (dip) coating;7. HVLP spraying;8. Electrostatic spray application; or9. Other coating application methods

that achieve emission reductions equivalent toHVLP or electrostatic spray applicationmethods, as determined by the director.

(D) Each owner or operator of anaerospace manufacturing and/or rework oper-ation shall ensure that all application devicesused to apply primers and topcoats (includingself-priming topcoats) are operated accordingto company procedures, local specified oper-ating procedures, and/or the manufacturer’sspecifications, whichever is most stringent, at

all times. Equipment modified by the owneror operator shall maintain a transfer efficien-cy equivalent to HVLP or electrostatic sprayapplication techniques.

(E) Each owner or operator of anaerospace manufacturing and/or rework oper-ation shall comply with the following house-keeping requirements for any affected clean-ing operation, unless the cleaning solventused is an aqueous cleaning solvent, lowvapor pressure hydrocarbon-based cleaningsolvent, or contains less than one percent(1%) VOC by weight:

1. Solvent-laden cloth, paper, or anyother absorbent applicators used for cleaningshall be placed in bags or other closed con-tainers upon completing their use. These bagsand containers must be kept closed at alltimes except when depositing or removingthese materials from the container. The bagsand containers used must be of such a designso as to contain the vapors of the cleaningsolvent. Cotton-tipped swabs used for verysmall cleaning operations are exempt fromthis requirement;

2. All fresh and spent cleaning solvents,except semi-aqueous solvent cleaners, used inaerospace cleaning operations shall be storedin closed containers; and

3. The handling and transfer of cleaningsolvent to or from enclosed systems, vats,waste containers, and other cleaning opera-tion equipment that hold or store fresh spentcleaning solvents shall be conducted in sucha manner that spills are minimized.

(F) Each owner or operator of anaerospace manufacturing and/or rework oper-ation utilizing hand-wipe cleaning operationsexcluding the cleaning of spray gun equip-ment performed in accordance with subsec-tion (3)(G) shall comply with one (1) of thefollowing:

1. Utilize cleaning solvent solutions thatare classified as an aqueous cleaning solventand/or a low vapor pressure hydrocarbon-based cleaning solvent; or

2. Utilize cleaning solvent solutions thathave a composite vapor pressure of forty-five(45) mmHg or less at twenty degrees Celsius(20 °C).

(G) Each owner or operator of anaerospace manufacturing and/or rework oper-ation shall clean all spray guns used in theapplication of primers, topcoats (includingself-priming topcoats), and specialty coatingsutilizing one or more of the following tech-niques:

1. Enclosed system. Spray guns shall becleaned in an enclosed system that is closedat all times except when inserting or remov-ing the spray gun. Cleaning shall consist offorcing cleaning solvent through the gun. If

leaks in the system are found, repairs shall bemade as soon as practicable, but no later thanfifteen (15) days after the leak was found. Ifthe leak is not repaired by the fifteenth dayafter detection, the cleaning solvent shall beremoved and the enclosed cleaner shall beshut down until the leak is repaired or its useis permanently discontinued;

2. Nonatomized cleaning. Spray gunsshall be cleaned by placing cleaning solventin the pressure pot and forcing it through thegun with the atomizing cap in place. Noatomizing air is to be used. The cleaning sol-vent from the spray gun shall be directed intoa vat, drum, or other waste container that isclosed when not in use;

3. Disassembled spray gun cleaning.Spray guns shall be cleaned by disassemblingand cleaning the components by hand in avat, which shall remain closed at all timesexcept when in use. Alternatively, the com-ponents shall be soaked in a vat, which shallremain closed during the soaking period andwhen not inserting or removing components;and

4. Atomizing cleaning. Spray guns shallbe cleaned by forcing the cleaning solventthrough the gun and directing the resultingatomized spray into a waste container that isfitted with a device designed to capture theatomized cleaning solvent emissions.

(H) Each owner or operator of anaerospace manufacturing and/or rework oper-ation that includes a flush cleaning operationshall empty the used cleaning solvents eachtime aerospace parts or assemblies, or com-ponents of a coating unit with the exceptionof spray guns are flush cleaned into anenclosed container or collection system thatis kept closed when not in use or into a sys-tem with equivalent emission controlapproved by the director. Aqueous, semi-aqueous, and low vapor pressure hydrocar-bon-based solvent materials are exempt fromthe requirements of this section.

(I) The following activities are exemptfrom this section:

1. Research and development;2. Quality control;3. Laboratory testing activities;4. Chemical milling;5. Metal finishing;6. Electrodeposition except for the elec-

trodeposition of paints;7. Composites processing except for

cleaning and coating of composite parts orcomponents that become part of an aerospacevehicle or component as well as compositetooling that comes in contact with such com-posite parts or components prior to cure;




Secretary of State


8. Electronic parts and assembliesexcept for cleaning and topcoating of com-pleted assemblies;

9. Manufacture of aircraft transparen-cies;

10. Wastewater treatment operations;11. Manufacturing and rework of parts

and assemblies not critical to the vehicle’sstructural integrity or flight performance;

12. Regulated activities associated withspace vehicles designed to travel beyond thelimit of the earth’s atmosphere, including butnot limited to satellites, space stations, andthe space shuttle;

13. Utilization of primers, topcoats, spe-cialty coatings, cleaning solvents, chemicalmilling maskants, and strippers containingVOC at concentrations less than 0.1 percentfor carcinogens or 1.0 percent for noncar-cinogens;

14. Utilization of touch-up, aerosol can,and Department of Defense classified coat-ings;

15. Maintenance and rework of antiqueaerospace vehicles and components; and

16. Rework of aircraft or aircraft com-ponents if the holder of the Federal AviationAdministration design approval, or the hold-er’s licensee, is not actively manufacturingthe aircraft or aircraft components.

(J) The requirements for primers, topcoats,specialty coatings, and chemical millingmaskants specified in subsection (3)(A) ofthis rule do not apply to the use of low-vol-ume coatings in these categories for whichthe rolling twelve (12)-month total of eachseparate formulation used at an installationdoes not exceed fifty (50) gallons, and thecombined rolling twelve (12)-month total ofall such primers, topcoats, specialty coatings,and chemical milling maskants used does notexceed two hundred (200) gallons. Coatingsexempted under subsection (3)(I) of this ruleare not included in the fifty (50)- and twohundred (200)-gallon limits.

(K) The following situations are exemptfrom the requirements of subsections (3)(D)and (3)(E) of this rule:

1. Any situation that normally requiresthe use of an airbrush or an extension on thespray gun to properly reach limited accessspaces;

2. The application of any specialty coat-ing;

3. The application of coatings that con-tain fillers that adversely affect atomizationwith HVLP spray guns and that cannot beapplied by any of the application methodsspecified in subsection (3)(C) of this rule;

4. The application of coatings that nor-mally have dried film thickness of less than0.0013 centimeter (0.0005 in.) and that can-

not be applied by any of the application meth-ods specified in subsection (3)(C) of thisrule;

5. The use of airbrush application meth-ods for stenciling, lettering, and other identi-fication markings;

6. The use of hand-held spray can appli-cation methods; and

7. Touch-up and repair operations.(L) The following cleaning operations are

exempt from the requirements of subsection(3)(F) of this rule:

1. Cleaning during the manufacture,assembly, installation, maintenance, or test-ing of components of breathing oxygen sys-tems that are exposed to the breathing oxy-gen;

2. Cleaning during the manufacture,assembly, installation, maintenance, or test-ing of parts, subassemblies, or assembliesthat are exposed to strong oxidizers or reduc-ers (e.g., nitrogen tetroxide, liquid oxygen,or hydrazine);

3. Cleaning and surface activation priorto adhesive bonding;

4. Cleaning of electronic parts andassemblies containing electronic parts;

5. Cleaning of aircraft and ground sup-port equipment fluid systems that are exposedto the fluid including air-to-air heat exchang-ers and hydraulic fluid systems;

6. Cleaning of fuel cells, fuel tanks, andconfined spaces;

7. Surface cleaning of solar cells, coat-ing optics, and thermal control surfaces;

8. Cleaning during fabrication, assem-bly, installation, and maintenance of uphol-stery, curtains, carpet, and other textile mate-rials used in the interior of the aircraft;

9. Cleaning of metallic and non-metallicmaterials used in honeycomb cores during themanufacture or maintenance of these cores,and cleaning of the completed cores used inthe manufacture or maintenance of aerospacevehicles or components;

10. Cleaning of aircraft transparencies,polycarbonate, or glass substrates;

11. Cleaning and solvent usage associat-ed with research and development, qualitycontrol, and laboratory testing;

12. Cleaning operations, using non-flammable liquids, conducted within five feet(5') of energized electrical systems; and

13. Cleaning operations identified asessential uses under the Montreal Protocolfor which the U.S. Environmental ProtectionAgency has allocated essential use allowancesor exemptions.

(4) Reporting and Record Keeping.(A) Monitoring Requirements—Each

owner or operator of an aerospace manufac-

turing and/or rework operation shall submit amonitoring plan to the director that specifiesthe applicable operating parameter value, orrange of values, to ensure ongoing compli-ance with paragraph (3)(B)3. of this rule.Any monitoring device, required by the mon-itoring plan, shall be installed, calibrated,operated, and maintained in accordance withthe manufacturer’s specifications.

(B) Record Keeping Requirements.1. Each owner or operator of an

aerospace manufacture and/or rework opera-tion that applies coatings listed in subsection(3)(A) of this rule shall—

A. Maintain a current list of coatingsin use with category and VOC content asapplied;

B. Record each coating volume usageon a monthly basis; and

C. Maintain records of monthly vol-ume-weighted average VOC content for eachcoating type included in averaging for coatingoperations that achieve compliance throughcoating averaging under paragraph (3)(B)2. ofthis rule.

2. Each owner or operator of anaerospace manufacture and/or rework opera-tion that uses cleaning solvents subject to thisrule shall—

A. Maintain a list of materials withcorresponding water contents for aqueous andsemi-aqueous hand-wipe cleaning solvents;

B. Maintain a current list of cleaningsolvents in use with their respective vaporpressure or, for blended solvents, VOC com-posite vapor pressure for all vapor pressurecompliant hand-wipe cleaning solvents. Thislist shall include the monthly amount of eachapplicable solvent used; and

C. Maintain a current list of exempthand-wipe cleaning processes for all cleaningsolvents with a vapor pressure greater thanforty-five (45) mmHg used in exempt hand-wipe cleaning operations. This list shallinclude the monthly amount of each applica-ble solvent used.

D. All records must be kept on-sitefor a period of five (5) years and made avail-able to the department upon request.

(5) Test Methods.(A) An owner or operator of an aerospace

manufacture and/or rework operation shalldetermine compliance for coatings which arenot waterborne (water-reducible), determinethe VOC content of each formulation lesswater and less exempt solvents as appliedusing manufacturer’s supplied data orMethod 24 of 40 CFR part 60, Appendix A.If there is a discrepancy between the manu-facturer’s formulation data and the results ofthe Method 24 analysis, compliance shall be



based on the results from the Method 24analysis. For waterborne (water-reducible)coatings, manufacturer’s supplied data alonecan be used to determine the VOC content ofeach formulation.

(B) An owner or operator of an aerospacemanufacture and/or rework operation shalldetermine compliance for cleaning solventsusing the following:

1. For aqueous and semi-aqueous clean-ing solvents manufacturers’ supplied datashall be used to determine the water content;or

2. For hand-wipe cleaning solventsrequired in subsection (3)(F) of this rule,manufacturers’ supplied data or standardengineering reference texts or other equiva-lent methods shall be used to determine thevapor pressure or VOC composite vapor pres-sure for blended cleaning solvents.

(C) An owner or operator of an aerospacemanufacture and/or rework operation electingto demonstrate compliance with this rule byuse of control equipment meeting the require-ments of paragraph (3)(B)3. of this rule, shalldemonstrate the required capture efficiency inaccordance with EPA methods 18, 25, and/or25A in 40 CFR 60, Appendix A.

AUTHORITY: section 643.050, RSMo Supp.1999.* Original rule filed Aug. 4, 2000,effective March 30, 2001.

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

10 CSR 10-2.210 Control of EmissionsFrom Solvent Metal Cleaning

PURPOSE: This regulation specifies equip-ment, operating procedures and trainingrequirements for the reduction of hydrocar-bon emissions from solvent metal cleaningoperations in the Kansas City metropolitanarea.

PUBLISHER’S NOTE: The secretary of statehas determined that the publication of theentire text of the material which is incorpo-rated by reference as a portion of this rulewould be unduly cumbersome or expensive.This material as incorporated by reference inthis rule shall be maintained by the agency atits headquarters and shall be made availableto the public for inspection and copying at nomore than the actual cost of reproduction.This note applies only to the reference mate-rial. The entire text of the rule is printedhere.

(1) Applicability. (A) This rule shall apply throughout Clay,

Jackson and Platte Counties.

(B) This rule shall apply to all installationswhich emit volatile organic compounds(VOC) from solvent metal cleaning ordegreasing operations.

(C) This rule applies to any of the follow-ing processes that use nonaqueous solvents toclean and remove soils from metal parts:

1. Spray gun cleaners;2. Cold cleaners with a solvent reservoir

or tank;3. Open-top vapor or conveyorized

degreasers; or4. Air-tight or airless cleaning systems.

(D) Exemptions.1. The following shall be exempt from

this rule:A. Cold cleaners with liquid surface

areas of one (1) square foot or less or maxi-mum capacities of one (1) gallon or less;

B. Solvent cleaning operations thatmeet the emission control requirements 10CSR 10-2.205, 10 CSR 10-2.230, 10 CSR10-2.290 and 10 CSR 10-2.340;

C. Solvent cleaning operations regu-lated under 40 CFR 63 Subpart T, NationalEmission Standards for Halogenated SolventCleaning. The provisions of 40 CFR part 63Subpart T promulgated as of December 19,2005 shall apply and are hereby incorporatedby reference in this rule, as published by theU.S. Government Printing Office, 732 NCapitol Street NW, Washington, DC 20401.This rule does not incorporate any subse-quent amendments or additions;

D. The cleaning of electronic compo-nents, medical devices or optical devices;

E. Hand cleaning/wiping operations;and

F. Flush cleaning operations.2. The following shall be exempt from

the solvent vapor pressure requirements ofsubparagraphs (3)(A)1.A. and (3)(A)1.B. ofthis rule:

A. Sales of cold cleaning solvents inquantities of five (5) gallons or less;

B. Cold cleaners using solvents regu-lated under any federal National EmissionStandards for Hazardous Air Pollutants; and

C. Janitorial and institutional clean-ing.

3. All wastes that are subject to haz-ardous waste requirements at 10 CSRDivision 25, Chapter 4 through 9 shall beexempt from the requirements of subpara-graphs (3)(B)1.E., (3)(B)2.J., (3)(B)3.H.,(3)(B)4.B., (3)(B)5.G. and subsection (4)(A)of this rule.

(2) Definitions.(A) Airless cleaning system—A degreasing

machine that is automatically operated andseals at a differential pressure of 25 torr (25.0millimeters of Mercury (mmHg)) (0.475pounds per square inch (psi)) or less, prior to

the introduction of solvent vapor into thecleaning chamber and maintains differentialpressure under vacuum during all cleaningand drying cycles.

(B) Air-tight cleaning system—A degreas-ing machine that is automatically operatedand seals at a differential pressure no greaterthan 0.5 pounds per square inch gauge (psig)during all cleaning and drying cycles.

(C) Aqueous solvent—Any solvent consist-ing of sixty percent (60%) or more by volumewater with a flashpoint greater than ninety-three degrees Celsius (93 °C) (one hundredninety-nine point four degrees Fahrenheit(199.4 °F)) and is miscible with water.

(D) Electronic components—All portionsof an electronic assembly, including, but notlimited to, circuit board assemblies, printedwire assemblies, printed circuit boards, sol-dered joints, ground wires, bus bars, andassociated electronic component manufactur-ing equipment such as screens and filters.

(E) Flush cleaning—The removal of con-taminants such as dirt, grease and coatingsfrom a component or coating equipment bypassing solvent over, into or through the itembeing cleaned. The solvent drained from theitem may be assisted by air, compressed gas,hydraulic pressure or by pumping. Flushcleaning does not include spray gun cleaning.

(F) Freeboard area—The air space in abatch-load cold cleaner that extends from theliquid surface to the top of the tank.

(G) Freeboard height—1. The distance from the top of the sol-

vent to the top of the tank for batch-loadedcold cleaners;

2. The distance from the air-vapor inter-face to the top of the tank for open-top vapordegreasers; or

3. The distance from either the air-sol-vent or air-vapor interface to the top of thetank for conveyorized degreasers.

(H) Freeboard ratio—The freeboard heightdivided by the smaller of either the insidelength or inside width of the degreaser.

(I) Hand cleaning/wiping operation—Theremoval of contaminants such as dirt, grease,oil and coatings from a surface by physicallyrubbing it with a material such as a rag,paper or cotton swab that has been moistenedwith a cleaning solvent.

(J) Institutional cleaning—Cleaningactivities conducted at organizations,societies or corporations including, but notlimited to schools, hospitals, sanitariums andprisons.

(K) Janitorial cleaning—The cleaning ofbuilding or facility components such as thefloors, ceilings, walls, windows, doors, stairs,bathrooms, kitchens, etc.

(L) Medical device—An instrument, appa-ratus, implement, machine, contrivance,implant, in vitro reagent or other similar

article, including any component or accesso-ry that meets one (1) of the following condi-tions:

1. It is intended for use in the diagnosisof disease or other conditions, or in the cure,mitigation, treatment, or prevention of dis-ease;

2. It is intended to affect the structure orany function of the body; or

3. It is defined in the NationalFormulary or the United StatesPharmacopoeia, or any supplement to them.

(M) Nonaqueous solvent—Any solvent notclassifiable as an aqueous solvent as definedin subsection (2)(C) of this rule.

(N) Optical device—An optical elementused in an electro-optical device and designedto sense, detect or transmit light energy,including specific wavelengths of light energyand changes in light energy levels.

(O) Soils—Includes, but not limited to,unwanted grease, wax, grit, ash, dirt and oil.Spray gun soils, in addition, includeunwanted primers, paint, specialty coatings,adhesives, sealers, resins or deadeners.

(P) Spray gun cleaner—Equipment used toclean spray guns used to apply, but notlimited to, primers, paints, specialty coatings,adhesives, resins or deadeners incorporatedinto a product distributed in commerce.

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

(3) General Provisions. (A) Equipment Specifications.

1. Cold cleaners.A. No one shall use, sell or offer for

sale for use within Clay, Jackson and PlatteCounties a cold cleaning solvent with a vaporpressure greater than 1.0 mmHg (0.019 psi)at twenty degrees Celsius (20 °C) (sixty-eightdegrees Fahrenheit (68 °F)) unless used forcarburetor cleaning.

B. No one shall use, sell or offer forsale for use within Clay, Jackson and PlatteCounties a cold cleaning solvent for thepurpose of carburetor cleaning with a vaporpressure greater than 5.0 mmHg (0.097 psi)at twenty degrees Celsius (20 °C) (sixty-eightdegrees Fahrenheit (68 °F)).

C. An owner or operator of a coldcleaner may use an alternate method forreducing cold cleaning emissions if the owneror operator shows the level of emissioncontrol is equivalent to or greater than therequirements of subparagraphs (3)(A)1.A.and (3)(A)1.B. of this rule. This alternatemethod must be approved by the director andthe U.S. Environmental Protection Agency(EPA).

D. Each cold cleaner shall have acover which prevents the escape of solventvapors from the solvent bath while in theclosed position or an enclosed reservoirwhich limits the escape of solvent vaporsfrom the solvent bath whenever parts are notbeing processed in the cleaner.

E. When one (1) or more of thefollowing conditions exist, the cover shall bedesigned to operate easily such that minimaldisturbing of the solvent vapors in the tankoccurs. (For covers larger than ten (10)square feet, this shall be accomplished byeither mechanical assistance such as springloading or counter weighing or by powersystems):

(I) The solvent vapor pressure isgreater than 0.3 psi measured at thirty-sevenpoint eight degrees Celsius (37.8 °C) (onehundred degrees Fahrenheit (100 °F));

(II) The solvent is agitated; or(III) The solvent is heated.

F. Each cold cleaner shall have aninternal drainage facility so that parts areenclosed under the cover while draining.

G. If an internal drainage facilitycannot fit into the cleaning system and thesolvent vapor pressure is less than 0.6 psimeasured at thirty-seven point eight degreesCelsius (37.8 °C) (one hundred degrees Fah-renheit (100 °F)), then the cold cleaner shallhave an external drainage facility whichprovides for the solvent to drain back into thesolvent bath.

H. Solvent sprays, if used, shall be asolid fluid stream (not a fine, atomized orshower-type spray) and at a pressure whichdoes not cause splashing above or beyond thefreeboard.

I. A permanent conspicuous labelsummarizing the operating procedures shallbe affixed to the equipment or in a locationreadily visible during operation of theequipment.

J. Any cold cleaner which uses asolvent that has a solvent vapor pressuregreater than 0.6 psi measured at thirty-sevenpoint eight degrees Celsius (37.8 °C) (onehundred degrees Fahrenheit (100 °F)) orheated above forty-eight point nine degreesCelsius (48.9 °C) (one hundred twentydegrees Fahrenheit (120 °F)) must use one(1) of the following control devices:

(I) A freeboard ratio of at least0.75;

(II) Water cover (solvent must beinsoluble in and heavier than water); or

(III) Other control systems with amass balance demonstrated overall VOCemissions reduction efficiency greater than orequal to sixty-five percent (65%). Thesecontrol systems must receive approval fromthe director and EPA prior to their use.

2. Open-top vapor degreasers.A. Each open-top vapor degreaser

shall have a cover which will prevent theescape of solvent vapors from the degreaserwhile in the closed position and shall bedesigned to open and close easily such thatminimal disturbing of the solvent vapors inthe tank occurs. For covers larger than ten(10) square feet, easy cover use shall beaccomplished by either mechanical assis-tance, such as spring loading or counterweighing or by power systems.

B. Each open-top vapor degreasershall be equipped with a vapor level controldevice that shuts off the heating source whenthe vapor level rises above the cooling or con-densing coil, or an equivalent safety deviceapproved by the director and EPA.

C. Each open-top vapor degreaserwith an air/vapor interface over ten and three-fourths (10 3/4) square feet shall be equippedwith at least one (1) of the following controldevices:

(I) A freeboard ratio of at least0.75;

(II) A refrigerated chiller;(III) An enclosed design (the cover

or door opens only when the dry part actual-ly is entering or exiting the degreaser);

(IV) A carbon adsorption systemwith ventilation of at least fifty (50) cubic feetper minute per square foot of air vapor areawhen the cover is open and exhausting lessthan twenty-five parts per million (25 ppm)of solvent by volume averaged over one (1)complete adsorption cycle as measured usingthe reference method specified at 10 CSR 10-6.030(14)(A); or

(V) A control system with a massbalance demonstrated overall VOC emissionsreduction efficiency greater than or equal tosixty-five percent (65%) and prior approvalby the director and EPA.

D. A permanent conspicuous labelsummarizing the operating procedures shallbe affixed to the equipment or in a locationreadily visible during operation of the equip-ment.

3. Conveyorized degreasers.A. Each conveyorized degreaser shall

have a drying tunnel or rotating (tumbling)basket or other means demonstrated to haveequal to or better control which shall be usedto prevent cleaned parts from carrying outsolvent liquid or vapor.

B. Each conveyorized degreaser shallhave the following safety devices which oper-ate if the machine malfunctions:

(I) A vapor level control device thatshuts off the heating source when the vaporlevel rises just above the cooling or condens-ing coil; and


Secretary of State


(II) A spray safety switch, whichshuts off the spray pump if the vapor level inthe spray chamber drops four inches (4"), forconveyorized degreasers utilizing a spraychamber; or

(III) Equivalent safety devicesapproved by the director and EPA.

C. Entrances and exits shall silhouetteworkloads so that the average clearancebetween parts and the edge of the degreaseropening is less than four inches (4") or lessthan ten percent (10%) of the width of theopening.

D. Covers shall be provided for clos-ing off the entrance and exit during hourswhen the degreaser is not being used.

E. A permanent, conspicuous labelsummarizing the operating procedures shallbe affixed to the equipment or in a locationreadily visible during operation of the equip-ment.

F. If the air/vapor interface is largerthan twenty-one and one-half (21 1/2) squarefeet, one (1) major control device shall berequired. This device shall be one (1) of thefollowing:

(I) A refrigerated chiller;(II) Carbon adsorption system with

ventilation of at least fifty (50) cubic feet perminute per square foot of the total entranceand exit areas (when downtime covers areopen) and exhausting less than twenty-five(25) ppm of solvent by volume averaged overone (1) complete adsorption cycle as mea-sured using the reference method specified at10 CSR 10-6.030(14)(A); or

(III) A control system with a massbalance demonstrated overall VOC emissionsreduction efficiency greater than or equal tosixty-five percent (65%) and prior approvalby the director and EPA.

4. Air-tight or airless cleaning systems.Air-tight or airless cleaning systems shall:

A. Have a permanent conspicuouslabel summarizing the operating proceduresaffixed to the equipment or in a location read-ily visible during operation of equipment;

B. Be equipped with a differentialpressure gauge to indicate the sealed chamberpressure under vacuum; and

C. Be equipped with a safety alarm toalert the operator of equipment malfunction.

(B) Operating Procedure Requirements.1. Cold cleaners.

A. Cold cleaner covers shall be closedwhenever parts are not being handled in thecleaners or the solvent must drain into anenclosed reservoir except when performingmaintenance or collecting solvent samples.

B. Cleaned parts shall be drained inthe freeboard area for at least fifteen (15) sec-onds or until dripping ceases, whichever islonger. Parts having cavities or blind holesshall be tipped or rotated while the part isdraining. During the draining, tipping, orrotating, the parts shall be positioned so thatthe solvent drains directly back into the coldcleaner.

C. Whenever a cold cleaner fails toperform within the rule operating require-ments, the unit shall be shutdown immediate-ly and shall remain shutdown until operationis restored to meet rule operating require-ments.

D. Solvent leaks shall be repairedimmediately or the cold cleaner shall be shut-down until the leaks are repaired.

E. Any waste material removed froma cold cleaner shall be disposed of by one (1)of the following methods or an equivalentmethod approved by the director and EPA:

(I) Reduction of the waste materialto less than twenty percent (20%) VOC sol-vent by distillation and proper disposal of thestill bottom waste; or

(II) Stored in closed containers fortransfer to—

(a) A contract reclamation ser-vice; or

(b) A disposal facility approvedby the director and EPA.

F. Waste solvent shall be stored inclosed containers only.

2. Open-top vapor degreasers.A. The cover shall be kept closed at

all times except when processing workloadsthrough the open-top vapor degreaser, per-forming maintenance or collecting solventsamples.

B. Solvent carry-out shall be mini-mized in the following ways:

(I) Parts shall be racked, if practi-cal, to allow full drainage;

(II) Parts shall be moved in and outof the open-top vapor degreaser at less thaneleven feet (11') per minute;

(III) Workload shall remain in thevapor zone at least thirty (30) seconds or untilcondensation ceases, whichever is longer;

(IV) Pools of solvent shall beremoved from cleaned parts before removingparts from the open-top vapor degreaser free-board area; and

(V) Cleaned parts shall be allowedto dry within the open-top vapor degreaserfreeboard area for at least fifteen (15) sec-onds or until visually dry, whichever islonger.

C. Porous or absorbent materials suchas cloth, leather, wood or rope shall not bedegreased.

D. If workloads occupy more thanhalf of the open-top vapor degreaser’s open-top area, rate of entry and removal shall notexceed five feet (5') per minute.

E. Spray shall never extend abovevapor level.

F. Whenever an open-top vapordegreaser fails to perform within the ruleoperating requirements, the unit shall beshutdown until operation is restored to meetthe rule operating requirements.

G. Solvent leaks shall be repairedimmediately or the open-top vapor degreasershall be shutdown until the leaks are repaired.

H. Ventilation exhaust from the open-top vapor degreaser shall not exceed sixty-five (65) cubic feet per minute per squarefoot of open-top vapor degreaser open areaunless proof is submitted that it is necessaryto meet Occupational Safety and HealthAdministration (OSHA) requirements. Fansshall not be used near the open-top vapordegreaser opening.

I. Water shall not be visuallydetectable in solvent exiting the water separa-tor, except for automatic water separators thatby configuration do not allow visual inspec-tion.

J. Any waste material removed froman open-top vapor degreaser shall be dis-posed of by one (1) of the following methodsor an equivalent method approved by thedirector and EPA:





K. Waste solvent shall be stored inclosed containers only.

3. Conveyorized degreasers.A. Ventilation exhaust from the con-

veyorized degreaser shall not exceed sixty-five (65) cubic feet per minute per squarefoot of conveyorized degreaser openingunless proof is submitted that it is necessaryto meet OSHA requirements. Fans shall notbe used near the conveyorized degreaseropening.

B. Solvent carry-out shall be mini-mized in the following ways:

(I) Parts shall be racked, if practi-cal, to allow full drainage; and

(II) Vertical conveyor speed shallbe maintained at less than eleven feet (11')per minute.



C. Whenever a conveyorized degreas-er fails to perform within the rule operatingrequirements, the unit shall be shutdownimmediately and shall remain shutdown untiloperation is restored to meet the rule operat-ing requirements.

D. Solvent leaks shall be repairedimmediately or the conveyorized degreasershall be shutdown until the leaks are repaired.

E. Water shall not be visuallydetectable in solvent exiting the water separa-tor.

F. Covers shall be placed overentrances and exits immediately after convey-or and exhaust are shutdown and removedjust before they are started up.

G. Waste solvent shall be stored inclosed containers only.

H. Any waste material removed froma conveyorized degreaser shall be disposed ofby one (1) of the following methods or anequivalent method approved by the directorand EPA:





4. Spray gun cleaners.A. Cleaning of spray guns shall be

accomplished by use of one (1) or more of thefollowing methods:

(I) Enclosed spray gun cleaning.Enclosed system spray gun cleaning shallconsist of forcing solvent through the spraygun and/or spray gun parts. Spray gunsand/or spray gun parts shall only be cleanedin remote closed top spray gun cleaningmachines under the following conditions:

(a) The spray gun cleaningmachine is operated within the manufactur-er’s specifications and with the lid kept tight-ly closed at all times except when beingaccessed or maintained; and

(b) Removable containers (whichshall not exceed thirty (30) gallons in size)for clean, used and waste solvent, are kepttightly closed except when being accessed ormaintained;

(II) Nonatomized spray gun clean-ing. Nonatomized spray gun cleaning shallconsist of placing solvent in the pressure potand forcing it through the spray gun with theatomizing cap in place. Spray guns shall onlybe cleaned through nonatomized spray guncleaning under the following conditions:

(a) No atomizing air shall beused; and

(b) The cleaning solvent fromthe spray gun shall be directed into a pail,bucket, drum or other waste container that isclosed when not in use;

(III) Disassembled spray gun clean-ing. Disassembled spray gun cleaning shallbe accomplished by disassembling the spraygun to be cleaned and cleaning the compo-nents by one (1) of the following methods:

(a) By hand in a spray gun clean-er, which shall remain closed except when inuse; or

(b) By soaking in a spray guncleaner, which shall remain closed during thesoaking period and when not inserting orremoving components;

(IV) Atomized spray gun cleaning.Atomized spray gun cleaning shall consist offorcing the cleaning solvent through the gunand directing the resulting atomized sprayinto a waste container that is fitted with adevice designed to capture the atomizedcleaning solvent emissions; or

(V) Cleaning of the nozzle tips ofan automated spray equipment system isexempt from the requirements of paragraph(3)(B)4. of this rule, unless the system is arobotic system that is programmed to sprayinto a closed container.

B. Any waste material removed froma spray gun cleaning system shall be disposedof by one (1) of the following methods or anequivalent method approved by the directorand EPA:





C. Waste solvent shall be stored inclosed containers only.

5. Air-tight and airless cleaning systems.A. Operate the air-tight and airless

cleaning systems with a door or other pres-sure sealing apparatus in place during allcleaning and drying cycles.

B. All associated pressure reliefdevices shall not allow liquid solvent to drainout of the equipment.

C. Solvent leaks shall be repairedimmediately or the air-tight or airless clean-ing system shall be shutdown until the leaksare repaired.

D. The air-tight and airless cleaningsystems shall be operated within the manufac-turer’s specifications.

E. Parts shall be positioned, if practi-cal, to allow full drainage and pools of sol-vent shall be removed from cleaned partsbefore removing parts from the air-tight orairless cleaning system.

F. Wipe up solvent leaks and spillsimmediately and store the used rags in closedcontainers.

G. Any waste material removed froman air-tight and airless cleaning system shallbe disposed of by one (1) of the followingmethods or an equivalent method approved bythe director and EPA:





H. Waste solvent shall be stored inclosed containers only.

(C) Operator and Supervisor Training.1. Only persons trained in at least the

operational and equipment requirementsspecified in this rule for their particular sol-vent metal cleaning process shall be permit-ted to operate the equipment.

2. The person who supervises any per-son who operates solvent cleaning equipmentregulated by this rule shall receive equal orgreater operational training than the operator.

3. A procedural review shall be given toall solvent metal cleaning equipment opera-tors at least once each twelve (12) months.

4. Training records shall be maintainedper subsections (4)(D) and (4)(E) of this rule.

(4) Reporting and Record Keeping.(A) The owner or operator of a solvent

metal cleaning or degreasing operation shallkeep records of all types and amounts ofsolvent containing waste material fromcleaning or degreasing operations transferredto either a contract reclamation service or toa disposal facility and all amounts distilled onthe premises. The records also shall includemaintenance and repair logs for both thedegreaser and any associated controlequipment. These records shall be keptcurrent and made available for review on amonthly basis. The director may requireadditional record keeping if necessary toadequately demonstrate compliance with thisrule.


Secretary of State


(B) All persons that use any solvent subjectto the requirements of subparagraphs(3)(A)1.A. or (3)(A)1.B. of this rule shallmaintain records which include for each pur-chase of cold cleaning solvent:

1. The name and address of the solventsupplier;

2. The date of purchase;3. The type of solvent; and4. The vapor pressure of the solvent in

mmHg at twenty degrees Celsius (20 °C)(sixty-eight degrees Fahrenheit (68 °F)).

(C) All persons that sell or offer for saleany solvent subject to the requirements ofsubparagraph (3)(A)1.A. or (3)(A)1.B. ofthis rule shall maintain records which includefor each sale of cold cleaning solvent:

1. The name and address of the solventpurchaser;

2. The date of sale;3. The type of solvent;4. The unit volume of solvent;5. The total volume of solvent; and6. The vapor pressure of the solvent

measured in mmHg at twenty degrees Celsius(20 °C) (sixty-eight degrees Fahrenheit (68°F)).

(D) A record shall be kept of solvent metalcleaning training required by subsection(3)(C) of this rule.

(E) All records required under subsections(4)(A), (4)(B), (4)(C) and (4)(D) of this ruleshall be retained for five (5) years and shallbe made available to the director uponrequest.

(5) Test Methods. (Not applicable)

AUTHORITY: section 643.050, RSMo 2000.*Original rule filed Nov. 14, 1978, effectiveJune 11, 1979. Amended: Filed July 1, 1987,effective Dec. 12, 1987. Amended: Filed Jan.29, 2001, effective Oct. 30, 2001. Amended:Filed June 26, 2007, effective Feb. 29, 2008.

*Original authority: 643.050, RSMo 1965, amended 1972,transferred from 203.050 in 1986, 1992, 1993, 1995.

10 CSR 10-2.215 Control of EmissionsFrom Solvent Cleanup Operations

PURPOSE: This rule will reduce volatileorganic compound (VOC) emissions from sol-vent cleanup operations. The RSMo 536.016requirement for necessity evidence is theKansas City Ozone Maintenance Plan adopt-ed February 3, 1998, and section 182 of theClean Air Act.

(1) Applicability.(A) This rule shall apply throughout Clay,

Jackson and Platte counties.

(B) This rule shall apply to any person whoperforms or allows the performance of anycleaning operation involving the use of aVOC solvent or solvent solution. The provi-sions of this rule shall not apply to any sta-tionary source at which cleaning solventVOCs are emitted at less than five hundred(500) pounds per day. Once a source is deter-mined to exceed the applicability level of thisrule, it shall remain subject to this rule evenif its actual emissions drop below the applica-bility level.

(C) The following cleaning operations arenot subject to the provisions of this rule:

1. Cold cleaner;2. Open top vapor degreaser;3. Conveyorized cold cleaners;4. Conveyorized vapor degreaser;5. Nonmanufacturing area cleaning.

Nonmanufacturing areas include cafeterias,laboratories, pilot facilities, restrooms, andoffice buildings;

6. Cleaning operations for which therehas been made a best available control tech-nology, reasonably available control technol-ogy, or lowest achievable emission rate deter-mination; and

7. Cleaning operations which are subjectto the Aerospace National EmissionStandards for Hazardous Air PollutantsStandards source category, under 40 CFR 63subpart GG.

(2) Definitions.(A) Definitions of certain terms specified

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

(B) Simple mass balance equation (SMBE)for the purposes of this rule is a summationof the vapor amounts that equal the totalweight of liquid solvent in the system minusthe weight of liquid solvent in the used cate-gory.

Ve = Si – So(1 – Xci)(1 – Cei)

WhereVe = Total weight of the evaporative loss

of the VOC. (from container, the cleaningoperation, the surface being cleaned, and thediscard wipes and residue)

Si = Liquid VOC input weightSo = Total liquid VOC output weight

(from the cleaning operation, the surfacebeing cleaned and the discard wipes andresidue)

Xci = Total weight fraction of the con-taminants (in the wipes and liquid residue)

Cei =Total weight fraction due to controlof VOCs attributed to add on emission con-

trol device(s). Note Cei will be zero (0) if notapplicable.

(3) General Provisions.(A) Any person performing any industrial

cleaning operation, not excluded in subsec-tion (1)(B) or (1)(C) of this rule, involvingthe use of a VOC solvent or solvent solutionshall demonstrate a thirty percent (30%)reduction in plant-wide industrial VOC clean-ing solvent emissions as described in subsec-tion (3)(B) of this rule by May 1, 2003.

(B) Solvent Emission Reduction. The fol-lowing provisions shall apply to any station-ary source subject to subsection (3)(A) of thisrule:

1. A thirty percent (30%) emissionreduction shall be based on the average of thesummation of the emissions in 1997 and 1998or shall be based on total VOC emissionsfrom plant-wide solvent cleanup operationsdivided by units produced in 1997 and 1998.If the owner/operator demonstrates that 1997and 1998 are not representative productionyears, then a demonstration shall be made tothe agency that other years are more repre-sentative for purposes of comparison or forprorating cleaning solvent usage. The follow-ing applicable documentation of actions andassociated emission reductions shall be sentto the department for approval by December1, 2002:

A. Changes in cleaning solvents used; B. Changes in work practices; and C. Changes in equipment or process-

es; and2. The changes described in paragraph

(3)(B)1. of this rule shall remain in effectuntil other changes resulting in greater, orequal, VOC emission reductions from thecleaning operations are implemented.

(4) Reporting and Record Keeping. The per-son responsible for industrial cleaning opera-tions at an affected facility seeking to complywith subsection (3)(A) of this rule shall keeprecords of information sufficient for the cal-culation of emissions from each UnitOperation System (UOS) from the use ofindustrial cleaning solvents. A UOS consistsof an industrial cleaning operation aroundwhich all organic solvent usage, disposal andfugitive losses may be calculated using aSMBE. As an aid to compliance with thissection, records for industrial cleaning UOSsmay include one (1) or more of the following:

(A) Engineering drawings or sketches of allUOSs used to define industrial cleaning oper-ations within the facility, including a systemboundary, organic solvent input(s), organicsolvent output(s), and organic solvent



evaporative loss points. These drawings shallinclude each of the following:

1. Labeled boxes within the systemboundary which describe all components ofthe UOS, including any virgin solvent con-tainers, solvent applicators, used solvent con-tainers, and the surface being cleaned;

2. Numbered or lettered arrows depict-ing liquid and/or evaporative solvent flow,accurate with respect to relative mass flowrates in and out of the system boundary; and

3. Arrows depicting all organic solventpathways within the system boundary;

(B) One (1) accurate SMBE for each UOSdepicted in subsection (4)(A) of this rule.Each equation shall have variables consistentwith those used to define the correspondingUOS and shall be solved for total VOC emis-sions for the UOS;

(C) Any assumptions or approximationsmade in defining the UOSs; and

(D) Records shall be retained by the owneror operator for a minimum of five (5) years.These records shall be made available to therepresentatives of the department uponrequest.

(5) Test Methods. (Not Applicable)

AUTHORITY: section 643.050, RSMo Supp.1999.* Original rule filed Aug. 30, 2000,effective May 30, 2001.


10 CSR 10-2.220 Liquefied CutbackAsphalt Paving Restricted

PURPOSE: This regulation restricts volatileorganic compounds emissions from cutbackasphalt paving operations.

(1) Application. (A) This regulation shall apply only in

Clay, Jackson and Platte Counties. (B) This regulation limits the use or appli-

cation of liquefied cutback asphalt in pavingand maintenance operations on highways,roads, parking lots and driveways.

(2) General. After December 31, 1982, noperson may cause or permit the use or appli-cation of liquefied cutback asphalts on high-ways, roads, parking lots and driveways dur-ing the months of April, May, June, July,August, September and October except aspermitted in section (3). This section refersto liquefied cutback asphalt which is directlyapplied or used in a plant-mix or road-mix.

(3) Exceptions. The use or application of liq-uefied cutback asphalts is permitted if the liq-uefied cutback asphalt is—

(A) Used in a plant-mix or road-mix whichis used solely for filling potholes or for emer-gency repairs;

(B) Used to produce a plant-mix manufac-tured for resale or for use outside Clay,Jackson and Platte Counties; or

(C) To be used solely as an asphalt prime coat or an asphalt seal coat on absorbent sur-faces.

(4) Recordkeeping.(A) Records shall be kept on all application

uses and all production quantities sufficientto determine daily volatile organic compoundemissions for the months of April, May, June,July, August, September and October.

(B) Liquefied cutback asphalt plants shallkeep records of the quantities of liquefied cut-back asphalt sold and who the purchasers are.The owner, operator or user shall record allinformation derived for a period of not lessthan two (2) years and all those records shallbe made available to the director upon his/herrequest.

AUTHORITY: section 643.050, RSMo 1986.*Original rule filed Nov. 14, 1978, effectiveJuly 12, 1979. Amended: Filed Jan. 3, 1991,effective Aug. 30, 1991.

*Original authority 1965, amended 1972, transferred from203.050 in 1986, 1992, 1993.

10 CSR 10-2.230 Control of EmissionsFrom Industrial Surface Coating Opera-tions

PURPOSE: This regulation restricts volatileorganic compound emissions from industrialsurface coating operations.

Editor’s Note: The secretary of state hasdetermined that the publication of this rule inits entirety would be unduly cumbersome orexpensive. The entire text of the material ref-erenced has been filed with the secretary ofstate. This material may be found at theOffice of the Secretary of State or at the head-quarters of the agency and is available to anyinterested person at a cost established bystate law.

(1) Application.(A) This regulation shall apply only in

Clay, Jackson and Platte Counties.(B) This regulation shall apply to any

installation with an uncontrolled potential toemit greater than 6.8 kilograms per day

(kg/day) or 2.7 tons per year of volatileorganic compounds (VOC) from industrialsurface coating operations covered under thisrule. This includes any installation whichdoes not have an allowable VOC emissionlimit established under 10 CSR 10-6.060 orlegally enforceable state implementation planrevision and has uncontrolled potential emis-sions greater than or equal to 6.8 kg/day or2.7 tons per year. The uncontrolled potentialemit is the potential emissions (as defined)plus the VOC removed by emission controldevices.

(C) This regulation is not applicable to thesurface coating of the following metal partsand products:

1. Exterior refinishing of airplanes;2. Automobile refinishing;3. Customizing top coating of automo-

biles and trucks, if production is less thanthirty-five (35) vehicles per day; and

4. Exterior of marine vessels.

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

(3) General Provisions. No person shall emitto the atmosphere any VOC from any surfacecoating operation in excess of the amountallowed in section (4). This section will applyacross all application areas, flash-off areasand ovens used in an affected coating opera-tion.

(4) Tables of Emission Limitations and Datesof Compliance.

(A) Table A: VOC Emission Limits Basedon Solids Applied.

Emission Limit # VOC/gal Dates ofSurface Coating Solids ComplianceOperations Applied (See Note 1)Auto/light-duty truck *Ford Motor Company

Primer Surfacer 15.1 12/24/87Topcoat (passenger) 15.1 12/31/88Topcoat (truck)

(See Note 2) 15.1 12/31/88General Motors Car

Primer Surfacer 15.1 12/31/87Topcoat 15.1 12/31/87

(B) Table B: VOC Emission Limits Basedon Weight of VOC per Gallon of Coating(minus water and non-VOC organic com-pounds).


Secretary of State


Emission Limit VOC/gal Coating (minus water) and non-VOC Dates ofSurface Coating Organic ComplianceOperation Compounds (See Note 1)Large Appliance*Topcoat 2.8 12/31/81

Final Repair 6.5 12/31/81 Magnet wire 1.7 12/31/81 Metal furniture 3.0 12/31/81 Auto/light-duty truckFord Motor CompanyElectrocoat prime 1.2 12/31/82 Topcoat (truck) 3.6 12/31/85 Topcoat (passenger) 3.6 12/31/86 Final Repair 4.8 12/31/85 MiscellaneousMetal Parts—

Extreme Performance andAir-Dried Coatings 3.5 12/31/82

All Other Coatings 3.0 12/31/82 General Motors Car

Cathodic Electrocoat 1.2 12/31/82 Primer Surfacer 3.0 12/31/80 Topcoat 5.8 12/31/79

5.0 12/31/81 Final Repair 6.5 7/01/79

4.8 12/31/87 Plastic Fascia Topcoat 4.5 11/23/87 MiscellaneousMetal Parts—

Extreme Performance andAir-Dried Coatings 3.5 12/31/82

All Other Coatings 3.0 12/31/82 Paper 2.9 12/31/81 Vinyl 3.8 12/31/81 Fabric 2.9 12/31/81 Coil 2.6 12/31/81 Can

2 piece exterior, 4.0 12/31/82 sheet basecoat 2.8 12/31/85

2 and 3 pieceinterior body spray 4.2 12/31/82

2 piece end exterior 4.2 12/31/82 3 piece side seam 5.5 12/31/82 End Seal Compound 4.2 12/31/82

3.7 12/31/85 Railroad Cars, Farm Implements, Machineryand Heavy-Duty Trucks 3.5 12/31/82

Other Metal PartsClear Coat 4.3 12/31/82 Extreme PerformanceCoat and Air-Dried

Coating 3.5 12/31/82 Other Coatings 3.0 12/31/82

Note 1—The emission limit associated withthe latest compliance date for each surfacecoating process supersedes interim emissionlimits associated with earlier compliancedates.

Note 2—A formal commitment submitted toand received by the director prior to 12/31/88to construct or modify the truck topcoat sur-face coating operation no later than 12/31/90to meet the provisions of 10 CSR 10-6.070 or40 CFR 60 Subpart MM, whichever is morestringent, may be substituted for this emissionlimitation. The emission limit specified by therules referenced in this note is 12.3 lbs. VOCper gallon of solids applied.

(5) Determination of Compliance. Compli-ance with section (4) of this regulation shallbe determined by the methods in subsections(5)(A)–(C) as applicable and appropriate.

(A) For subsection (4)(A), the calculationof daily volume-weighted emission perfor-mance for automobile and light-duty truckprimer-surfacer and topcoat operations, shallbe made according to procedures detailed inthe Environmental Protection Agency (EPA)document entitled Protocol for Determiningthe Daily Volatile Organic CompoundEmission Rate for Automobile and Light-DutyTruck Topcoat Operations dated June 10,1988.

(B) For subsection (4)(B)— 1. Compliance with emission limits may

be demonstrated using the method referencedin 10 CSR 10-6.030(14)(C) using the one (1)-hour bake. Emission performance shall be onthe basis of a daily volume-weighted averageof all coatings used in each surface coatingoperation as delivered to the coating applica-tor(s) on a coating line. The daily volume-weighted average (DAVGvw) is calculated bythe following formula:

i=lΣ (Ai × Bi)nDAVGVW= ________________

C

Where: A=daily gal. each coating used (minus water and exempt solvents) in a surface coating operation.

B=lbs. VOC/gal coating (minus water and exempt solvents).

C=total daily gal. coating used (minus water and exempt solvents) in a surface coating operation.

n=number of all coating used in a surface coating operation; or

2. Compliance with the emission limitsin subsection (4)(B) may be demonstrated onpounds of VOC per gallon of coating solidsbasis. The demonstration is made by firstconverting the emission limit in subsection(4)(B) to pounds of VOC per gallon of coat-

ing solids as shown in the following three (3)steps:

lbs. VOC per gallon of coating (Emission minus water Limit & exempt solvents from (4)(B)) volume1)

=

fraction 7.36 lbs. per gallon (average density of of VOC solvents used to originally establish the emission limit)2) 1—Volume fraction Volume fraction of VOC of solids =

lbs. VOC per (Emission gallon of coating Limit minus water from & exempt solvents (4)(B)) lbs. VOC3) = Volume fraction gallon of of solids coating solids

This value is the new compliance figure. TheVOC per gallon of coating solids for eachcoating used is then determined using themethod referenced in 10 CSR 10-6.030(14)(C) using the one (1)-hour bake.The composite daily volume-weighted aver-age of pounds of VOC per gallon of coatingsolids as tested for in the actual coatings usedis compared to the new compliance figure.Source operations on a coating line usingcoatings with a composite actual daily vol-ume-weighted average value less than orequal to the new compliance figure are incompliance with this regulation.

(C) As an alternative to the methods spec-ified in subsections (5)(A) and (B), compli-ance with the emission limits specified insubsections (4)(A) and (B) may be demon-strated by the implementation of an emissionreduction equivalency compliance plan whichutilizes a daily weighted average of emissionsfrom a single or combination of source oper-ations provided that—

1. All source operations involved in theplan are subject to the emission limits of thisregulation;

2. All source operations are part of thesame installation;

3. The total actual VOC emissions foreach twenty-four (24)-hour period do notexceed the sum of the allowable emissionsdetermined from section (4) for each sourceoperation for the same period;

4. Equivalent emission reductions areaccomplished in the time intervals allowed insubsection (4)(B) as would be required forindividual source operations;

5. After December 24, 1987, testing ofraw materials, emissions, equipment, or acombination of these, must be performedprior to initiation of an alternate complianceplan to verify any equivalent emission reduc-tions claimed. All test methods and proceduresto be acceptable for use in the equivalency



determination must receive prior review andmust have been approved by the director.Failure to gain test method and procedureapproval of the director will invalidate theequivalency claim; and

6. The overall plan is approved by thedirector.

(6) Record Keeping.(A) The owner or operator of a coating line

shall keep records detailing specific VOCsources, as necessary to determine compli-ance. These may include:

1. The type and the quantity of coatingsused daily;

2. The coating manufacturer’s formula-tion data for each coating on forms providedor approved by the director;

3. The type and quantity of solvents forcoating, thinning, purging and equipmentcleaning used daily;

4. All test results to determine captureand control efficiencies, transfer efficienciesand coating makeup;

5. The type and quantity of waste sol-vents reclaimed or discarded daily;

6. The quantity of pieces or materialscoated daily; and

7. Any additional information pertinentto determine compliance.

(B) Records, such as daily productionrates, may be substituted for actual dailycoating use measurement provided the ownersubmits a demonstration approvable by thedirector that these records are adequate forthe purposes of this regulation. This willapply for all surface coating industries untilthe EPA issues national daily emissionsrecordkeeping protocols for specific industri-al classifications.

(C) Records required under subsections(6)(A) and (B) shall be retained by the owneror operator for a minimum of two (2) years.These records shall be made available to thedirector upon request.

AUTHORITY: section 643.050, RSMo 1986.*Original rule filed Dec. 15, 1978, effectiveJuly 12, 1979. Amended: Filed Oct. 15,1979, effective March 13, 1980. Amended:Filed March 13, 1980, effective Sept. 12,1980. Amended: Filed July 1, 1987, effectiveDec. 24, 1987. Amended: Filed Aug. 4,1988, effective Nov. 24, 1988.

*Original authority: 643.050, RSMo 1965, amended 1972,transferred from 203.050 in 1986, 1992, 1993.

10 CSR 10-2.240 Restriction of Emissionsof Volatile Organic Compounds FromPetroleum Refinery Sources(Rescinded November 23, 1987)

AUTHORITY: section 203.050, RSMo 1978.Original rule filed Dec. 15, 1978, effectiveJune 11, 1979. Rescinded: Filed July 1, 1987,effective Nov. 23, 1987.

10 CSR 10-2.250 Control of Volatile LeaksFrom Petroleum Refinery Equipment(Rescinded November 23, 1987)

AUTHORITY: section 203.050, RSMo 1978.Original rule filed Dec. 15, 1978, effectiveJune 11, 1979. Rescinded: Filed July 1, 1987,effective Nov. 23, 1987.

10 CSR 10-2.260 Control of PetroleumLiquid Storage, Loading and Transfer

PURPOSE: This rule restricts volatile organ-ic compound emissions from the handling ofpetroleum liquids in three specific areas:petroleum storage tanks with a capacitygreater than forty thousand gallons, the load-ing of gasoline into delivery vessels and thetransfer of gasoline from delivery vessels intostationary storage containers. Exemptions areprovided for facilities that make transfers intostationary storage containers of certain sizesand types. This rule is required in order toreduce hydrocarbon emissions in the KansasCity metropolitan area that contribute to theformation of ozone.

(1) Applicability. This rule shall applythroughout Clay, Jackson and PlatteCounties.

(2) Definitions. (A) CARB—California Air Resources

Board, 2020 L Street, PO Box 2815,Sacramento, CA 95812.

(B) Department—Missouri Department ofNatural Resources, 205 Jefferson Street, POBox 176, Jefferson City, MO 65102.

(C) Initial fueling of motor vehicles—Theoperation of dispensing gasoline fuel into anewly assembled motor vehicle at an automo-bile assembly plant while the vehicle is stillbeing assembled on the assembly line. Thenewly assembled motor vehicles being fueledon the assembly line must have fuel tanks thathave never before contained gasoline fuel.

(D) MO/PETP—The Missouri Perform-ance Evaluation Test Procedures, a set of testprocedures for evaluating performance ofStage I/II vapor control equipment and sys-tems to be installed or that have beeninstalled in Missouri. Contact the departmentfor a copy of the latest MO/PETP.

(E) Staff director—Director of the AirPollution Control Program of the Departmentof Natural Resources, or a designated repre-sentative.

(F) Stage I vapor recovery system—A sys-tem used to capture the gasoline vapors thatwould otherwise be emitted when gasoline istransferred from a loading installation to adelivery vessel or from a delivery vessel to astorage tank.

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

(3) General Provisions.(A) Petroleum Storage Tanks.

1. No owner or operator of petroleumstorage tanks shall cause or permit the storagein any stationary storage tank of more thanforty thousand (40,000) gallons capacity ofany petroleum liquid having a true vaporpressure of one and one-half (1.5) pounds persquare inch absolute (psia) or greater at nine-ty degrees Fahrenheit (90 °F), unless thestorage tank is a pressure tank capable ofmaintaining working pressures sufficient atall times to prevent volatile organic com-pound (VOC) vapor or gas loss to the atmo-sphere or is equipped with one (1) of the fol-lowing vapor loss control devices:

A. A floating roof, consisting of apontoon type, double-deck type or internalfloating cover, or external floating cover, thatrests on the surface of the liquid contents andis equipped with a closure seal(s) to close thespace between the roof edge and tank wall.Storage tanks with external floating roofsshall meet the additional following require-ments:

(I) The storage tank shall be fittedwith either—

(a) A continuous secondary sealextending from the floating roof to the tankwall (rim-mounted secondary seal); or

(b) A closure or other deviceapproved by the staff director that controlsVOC emissions with an effectiveness equal toor greater than a seal required under subpart(3)(A)1.A.(I)(a) of this rule;

(II) All seal closure devices shallmeet the following requirements:

(a) There are no visible holes,tears or other openings in the seal(s) or sealfabric;

(b) The seal(s) is intact and uni-formly in place around the circumference ofthe floating roof between the floating roof andthe tank wall; and

(c) For vapor-mounted primaryseals, the accumulated area of gaps exceeding0.32 centimeters, one-eighth inch (1/8")width, between the secondary seal and thetank wall shall not exceed 21.2 cm2 per meterof tank diameter (1.0 in2 per foot of tankdiameter);


Secretary of State


(III) All openings in the externalfloating roof, except for automatic bleedervents, rim space vents and leg sleeves shall beequipped with—

(a) Covers, seals or lids in theclosed position except when the openings arein actual use; and

(b) Projections into the tankwhich remain below the liquid surface at alltimes;

(IV) Automatic bleeder vents shallbe closed at all times except when the roof isfloated off or landed on the roof leg supports;

(V) Rim vents shall be set to openwhen the roof is being floated off the leg sup-ports or at the manufacturer’s recommendedsetting; and

(VI) Emergency roof drains shallhave slotted membrane fabric covers orequivalent covers which cover at least ninetypercent (90%) of the area of the opening;

B. A vapor recovery system with allstorage tank gauging and sampling devicesgas-tight, except when gauging or sampling istaking place. The vapor disposal portion ofthe vapor recovery system shall consist of anadsorber system, condensation system, incin-erator or equivalent vapor disposal systemthat processes the vapor and gases from theequipment being controlled; or

C. Other equipment or means ofequal efficiency for purposes of air pollutioncontrol as approved by the staff director.

2. Control equipment described in sub-paragraph (3)(A)1.A. of this rule shall not beallowed if the petroleum liquid other thangasoline has a true vapor pressure of 11.1psia or greater at ninety degrees Fahrenheit(90 °F). All storage tank gauging and sam-pling devices shall be gas-tight except whengauging or sampling is taking place.

3. Owners and operators of petroleumstorage tanks subject to this subsection shallmaintain written records of maintenance(both routine and unscheduled) performed onthe tanks, all repairs made, the results of alltests performed and the type and quantity ofpetroleum liquid stored in them.

4. This subsection shall not apply topetroleum storage tanks which—

A. Are used to store processed and/ortreated petroleum or condensate when it isstored, processed and/or treated at a drillingand production installation prior to custodytransfer;

B. Contain a petroleum liquid with atrue vapor pressure less than 27.6 kilopascals(kPa) (4.0 psia) at ninety degrees Fahrenheit(90 °F);

C. Are of welded construction, andequipped with a metallic-type shoe primaryseal and have a shoe-mounted secondary seal

or closure devices of demonstrated equiva-lence approved by the staff director; or

D. Are used to store waxy, heavypour crude oil.

(B) Gasoline Loading.1. No owner or operator of a gasoline

loading installation or delivery vessel shallcause or permit the loading of gasoline intoany delivery vessel from a loading installationunless the loading installation is equippedwith a vapor recovery system or equivalent.This system or system equivalent shall beapproved by the staff director and the deliv-ery vessel shall be in compliance with sub-section (3)(D) of this rule.

2. Loading shall be accomplished in amanner that the displaced vapors and air willbe vented only to the vapor recovery system.Measures shall be taken to prevent liquiddrainage from the loading device when it isnot in use or to accomplish complete drainagebefore the loading device is disconnected.The vapor disposal portion of the vaporrecovery system shall consist of one (1) of thefollowing:

A. An adsorber system, condensationsystem, incinerator or equivalent vapor dis-posal system that processes the vapors andgases from the equipment being controlledand limits the discharge of VOC into theatmosphere to ten (10) milligrams of VOCvapor per liter of gasoline loaded;

B. A vapor handling system thatdirects the vapor to a fuel gas system; or

C. Other equipment of an efficiencyequal to or greater than subparagraph(3)(B)2.A. or B. of this rule if approved bythe staff director.

3. Owners and operators of loadinginstallations subject to this subsection shallmaintain complete records documenting thenumber of delivery vessels loaded and theirowners.

4. This subsection shall not apply toloading installations whose average monthlythroughput of gasoline is less than or equal toone hundred twenty thousand (120,000) gal-lons when averaged over the most recent cal-endar year, provided that the installationloads gasoline by submerged loading.

A. To maintain the exemption, theseinstallations shall submit to the staff directoron a form supplied by the department byFebruary 1 of each year, a report statinggasoline throughput for each month of theprevious calendar year. After the effectivedate of this rule, any revision to the depart-ment supplied forms will be presented to theregulated community for a forty-five (45) daycomment period.

B. Delivery vessels purchased afterthe effective date of this rule shall be Stage Iequipped.

C. A loading installation that fails tomeet the requirements of the exemption forone (1) calendar year shall not qualify for theexemption again.

D. To maintain the exemption ownersor operators shall maintain records of gaso-line throughput and gasoline delivery.

E. Delivery vessels operated by anexempt installation shall not deliver to StageI controlled tanks unless the delivery vessel isequipped with and employs Stage I controls.

(C) Gasoline Transfer.1. No owner or operator of a gasoline

storage tank or delivery vessel shall cause orpermit the transfer of gasoline from a deliveryvessel into a gasoline storage tank with acapacity greater than two hundred fifty (250)gallons unless—

A. The storage tank is equipped witha submerged fill pipe extending unrestrictedto within six inches (6") of the bottom of thetank, and not touching the bottom of the tank,or the storage tank is equipped with a systemthat allows a bottom fill condition;

B. All storage tank caps and fittingsare vapor-tight when gasoline transfer is nottaking place; and

C. Each storage tank is vented via aconduit that is:

(I) At least two inches (2") insidediameter;

(II) At least twelve feet (12') inheight above grade; and

(III) Equipped with a pressure/vac-uum valve that is CARB certified andMO/PETP approved at three inches watercolumn pressure/eight inches water columnvacuum (3" wcp/8" wcv). When the owner oroperator provides documentation that the sys-tem is CARB certified for a different valveand will not function properly with a 3"wcp/8" wcv valve, the valve shall beMO/PETP approved. All pressure/vacuumvalves shall be bench tested prior to installa-tion. Initial fueling facilities shall haveMO/PETP approved pressure/vacuum valves.

2. Stationary storage tanks with a capac-ity greater than two thousand (2,000) gallonsshall also be equipped with a Stage I vaporrecovery system in addition to the require-ments of paragraph (3)(C)1. of this rule andthe delivery vessels to these tanks shall be incompliance with subsection (3)(D) of thisrule.

A. The vapor recovery system shallcollect no less than ninety percent (90%) byvolume of the vapors displaced from the sta-tionary storage tank during gasoline transferand shall return the vapors via a vapor-tight



return line to the delivery vessel. After theeffective date of this rule, all coaxial systemsshall be equipped with poppeted fittings.

B. A delivery vessel shall be refilledonly at installations complying with the pro-visions of subsection (3)(B) of this rule.

C. This subsection shall not be con-strued to prohibit safety valves or otherdevices required by governmental regula-tions.

3. No owner or operator of a gasolinedelivery vessel shall cause or permit thetransfer of gasoline from a delivery vesselinto a storage tank with a capacity greaterthan two thousand (2,000) gallons unless—

A. The owner or operator employsone (1) vapor line per product line during thetransfer. The staff director may approve otherdelivery systems upon submittal to thedepartment of test data demonstrating com-pliance with subparagraph (3)(C)2.A. of thisrule;

B. The vapor hose(s) employed is noless than three inches (3") inside diameter;and

C. The product hose(s) employed isno more than four inches (4") inside diame-ter.

4. The owner or operator of stationarystorage tanks subject to this subsection shallkeep records documenting the vessel ownersand number of delivery vessels unloaded byeach owner. The owner or operator shallretain on-site copies of the loading ticket,manifest or delivery receipt for each grade ofproduct received, subject to examination bythe staff director upon request. If a deliveryreceipt is retained rather than a manifest orloading ticket, the delivery ticket shall bearthe following information: vendor name, dateof delivery, quantity of each grade, point oforigin, and the manifest or loading ticketnumber. The required retention on-site of theloading ticket, manifest or delivery receiptshall be limited to the four (4) most recentrecords for each grade of product.

5. The provisions of paragraph (3)(C)2.of this rule shall not apply to transfers madeto storage tanks equipped with floating roofsor their equivalent.

6. The provisions of paragraphs (3)(C)1.–4. of this rule shall not apply to stationarystorage tanks having a capacity less than orequal to two thousand (2,000) gallons usedexclusively for the fueling of implements ofagriculture or were installed prior to June 12,1986.

(D) Gasoline Delivery Vessels.1. No owner or operator of a gasoline

delivery vessel shall operate or use a gasolinedelivery vessel which is loaded or unloaded

at an installation subject to subsections (3)(B)or (C) of this rule unless—

A. The delivery vessel is tested annu-ally to demonstrate compliance with the testmethod specified in 40 CFR part 63, subpartR, section 63.425(e);

B. The owner or operator obtains thecompleted test results signed by a representa-tive of the testing facility upon successfulcompletion of the leak test. Blank test certifi-cation application forms for the test resultswill be provided to the testing facilities by thedepartment. After the effective date of thisrule, any revision to the department suppliedforms will be presented to the regulated com-munity for a forty-five (45)-day commentperiod. The owner or operator shall send acopy of the signed successful test results tothe staff director. The staff director, uponreceipt of acceptable test results, shall issuean official sticker to the owner or operator;

C. The Missouri sticker is placed onthe upper left portion of the back end of thevessel;

D. The delivery vessel is repaired bythe owner or operator and retested within fif-teen (15) days of testing if it does not meetthe leak test criteria of paragraph (3)(D)1. ofthis rule; and

E. A copy of the vessel’s current TankTruck Tightness Test results are kept with thedelivery vessel at all times and made imme-diately available to the staff director uponrequest.

2. An owner or operator of a gasolinedelivery vessel who can demonstrate to thesatisfaction of the staff director that the ves-sel has passed a current annual leak test inanother state shall be deemed to have satis-fied the requirements of subparagraph(3)(D)1.A. of this rule, if the other state’sleak test program requires the same gaugepressure and test procedures as the test spec-ified in subparagraph (3)(D)1.A. of this rule.The owner or operator shall apply for aMissouri sticker and display the Missouristicker on the upper left portion of the backend of the delivery vessel.

3. Owners and operators of gasolinedelivery vessels shall maintain writtenrecords of all tests and maintenance per-formed on the vessels.

4. This subsection shall not be construedto prohibit safety valves or other devicesrequired by governmental regulations.

(E) Owner/Operator Compliance. Theowner or operator of a vapor recovery systemsubject to this rule shall—

1. Operate the vapor recovery systemand the gasoline loading equipment in a man-ner that prevents—

A. Gauge pressure from exceedingfour thousand five hundred (4,500) pascals(eighteen inches (18") of H2O) in the deliveryvessel;

B. A reading equal to or greater thanone hundred percent (100%) of the lowerexplosive limit (LEL, measured as propane)at two and one-half (2.5) centimeters from allpoints on the perimeter of a potential leaksource when measured by the method refer-enced in 10 CSR 10-6.030(14)(E) duringloading or transfer operations; and

C. Visible liquid leaks during loadingor transfer operation;

2. Repair and retest within fifteen (15)days, a vapor recovery system that exceedsthe limits in subsection (3)(E) of this rule;and

3. Maintain written records of inspec-tion reports, enforcement documents, gaso-line deliveries, routine and unscheduledmaintenance and repairs and all results oftests conducted.

(4) Reporting and Record Keeping. Thereporting and record keeping requirementsare located in paragraphs (3)(A)3., (3)(B)3.,(3)(C)4., (3)(D)3. and (3)(E)3. of this rule.In addition, all records shall be maintainedfor a minimum of two (2) years, and shall bemade immediately available to inspectorsupon request.

(5) Test Methods.(A) Testing and monitoring procedures to

determine compliance with subsection (3)(D)of this rule and confirm the continuing exis-tence of leak-tight conditions shall be con-ducted using the method referenced in 10CSR 10-6.030(14)(B) or by any methoddetermined by the staff director.

(B) Testing procedures to determine com-pliance with subparagraph (3)(B)2.A. of thisrule shall be conducted using the method ref-erenced in 10 CSR 10-6.030(14)(A) or byany method determined by the staff director.

(C) The staff director, at any time, maymonitor a delivery vessel, vapor recovery sys-tem or gasoline loading equipment by amethod determined by the staff director toconfirm continuing compliance with this rule.

(D) A static leak decay test of the Stage Ivapor recovery system shall be required onceevery five (5) years to demonstrate systemvapor tightness. In addition, a bench test ofeach pressure/vacuum valve shall be requiredonce every two (2) years to demonstrate com-ponent vapor tightness.

(E) Additional testing may also be requiredby the staff director in order to determineproper functioning of vapor recovery equip-ment.


Secretary of State


AUTHORITY: section 643.050, RSMo 2000.*Original rule filed Jan. 15, 1979, effectiveJune 11, 1979. Amended: Filed Oct. 15,1979, effective March 13, 1980. Amended:Filed March 13, 1980, effective Sept. 12,1980. Amended: Filed Nov. 2, 1984, effectiveMay 11, 1985. Amended: Filed Feb. 4, 1986,effective May 29, 1986. Amended: Filed Sept.1, 1987, effective Dec. 24, 1987. Amended:Filed Nov. 27, 1989, effective May 24, 1990.Amended: Filed May 15, 1995, effective Dec.30, 1995. Amended: Filed Dec. 1, 2000,effective July 30, 2001. Amended: Filed April1, 2002, effective Nov. 30, 2002. Amended:Filed Aug. 15, 2003, effective April 30,2004.


10 CSR 10-2.270 Restriction of EmissionsFrom Catalytic Cracking Units(Rescinded November 23, 1987)

AUTHORITY: section 643.050, RSMo 1986.Original rule filed July 16, 1979, effectiveFeb. 11, 1980. Rescinded: Filed Aug. 4,1987, effective Nov. 23, 1987.

10 CSR 10-2.280 Control of EmissionsFrom Perchloroethylene Dry CleaningInstallations (Rescinded January 30, 2003)

AUTHORITY: Chapter 203, RSMo 1986.Original rule filed March 13, 1980, effectiveSept. 12, 1980. Amended: Filed Nov. 10,1981, effective May 13, 1982. Rescinded:Filed May 21, 2002, effective Jan. 30, 2003.

10 CSR 10-2.290 Control of EmissionsFrom Rotogravure and FlexographicPrinting Facilities

PURPOSE: This regulation restricts volatileorganic compound emissions from roto-gravure and flexographic printing facilities.

(1) Application. (A) This regulation shall apply throughout

Clay, Jackson and Platte Counties. (B) This regulation applies to installations

with uncontrolled potential emissions equalto or greater than two hundred fifty kilograms(250 kg) per day or one hundred (100) tonsper year of volatile organic compounds(VOC) from the combination of rotogravureand flexographic printing presses. The uncon-trolled potential emissions are the potentialemissions (as defined) plus the amount by

weight of VOCs whose emission into theatmosphere is prevented by the use of air pol-lution control devices.

(2) Definitions.(A) Definitions of certain terms specified

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

(B) The definition of a term specific to thisregulation is as follows: ink formulation, asapplied, includes the base ink and any addi-tives, such as thinning solvents, to make upthe ink material that is applied to a substrate.

(3) Emission Limits. (A) No owner or operator shall use or per-

mit the use of any of the following printingpresses unless they are equipped with a con-trol device. The control device shall remove,destroy or prevent the emission of VOCs intothe ambient air by at least the percentageindicated by weight of the uncontrolled VOCemissions on a daily basis.

PrintingPress PercentageFlexographic 60Publication Rotogravure 75Other Rotogravure 65

(B) Low solvent technology may be used toachieve VOC emission reductions instead ofthe methods required in subsection (3)(A). Iflow solvent technology is used, the followinglimits must be met for each press:

1. For waterborne inks, the volatile por-tion of the ink as applied to the substrate mustcontain no more than twenty-five percent(25%) by volume of VOC; and

2. For water-based or high solids inks,the ink as applied to the substrate must be atleast sixty percent (60%) by volume non-VOC material.

(C) No owner or operator shall use or per-mit the use of any flexographic or rotogravureprinting press that uses cleanup solvents con-taining VOCs unless—

1. The cleanup solvents are kept in tight-ly covered tanks or containers during trans-port and storage;

2. The cleaning cloths used with thecleanup solvents are placed in tightly closedcontainers when not in use and while await-ing off-site transportation. The cleaningcloths should be properly cleaned and dis-posed of. The cloths, when properly cleanedor disposed of, are processed in a way that asmuch of the solvent as practicable is removedfor some further use or destroyed. Cleaningand disposal methods shall be approved bythe director; and

3. An owner or operator may use analternate method for reducing cleanup solvent

VOC emissions, including the use of lowVOC cleanup solvents, if the owner or oper-ator shows the emission reduction is equal toor greater than paragraphs (3)(C)1. and 2.This alternate method must be approved bythe director.

(4) Record Keeping.(A) For owners or operators using an add-

on control device(s) to meet the requirementsof subsection (3)(A), the following parame-ters shall be monitored and recorded to deter-mine compliance with subsection (3)(A):

1. Exhaust gas temperature of all incin-erators or temperature rise across a catalyticincinerator bed on a continuous basis;

2. VOC breakthrough on a carbonadsorption unit on a continuous basis;

3. Results of emissions testing asrequired in section (5) of this regulation whenperformed;

4. Maintenance, repairs and malfunctionof any air pollution control equipment whenperformed; and

5. Any other monitoring parameterrequired by the director to determine compli-ance with subsection (3)(A).

(B) For owners or operators meeting therequirements of subsection (3)(B) for eachink formulation used, the following shall berecorded for each press to determine contin-uous compliance with subsection (3)(D):

1. Volume-weighted ink VOC content inpercent by volume for each ink formulationas applied on a monthly basis;

2. Results of ink testing as required insection (5) of this rule when performed; and

3. Any other information required by thedirector to determine compliance with sub-section (3)(B).

(C) For owners and operators using lowsolvent technology without the use of controlequipment to meet the requirements of sub-section (3)(B), and for who subsection (4)(B)does not apply, the following shall be record-ed to determine daily compliance with sub-section (3)(B):

1. Volume-weighted ink VOC content inpercent by volume for each ink formulationas applied on a monthly basis;

2. Ink usage in gallons for each ink for-mulation as applied on a daily basis for eachpress;

3. Volume-weighted density of VOCs inink in pounds per gallon for each ink formu-lation as applied on a daily basis;

4. Volume-weighted average of the VOCcontent of each ink formulation as applied inpercent by volume for each press on a dailybasis;

5. Ink water content in percent by vol-ume for each ink formulation as applied on adaily basis for each press;



6. Ink exempt solvent content in percentby volume for each ink formulation as appliedon a daily basis for each press;

7. Results of ink testing as required insection (5) of this regulation when per-formed; and

8. Any other information required by thedirector to determine compliance with sub-section (3)(B).

(D) Records of all information required insubsections (4)(A)–(C) shall be kept for atleast two (2) years. These records shall beavailable immediately upon request forreview by Department of Natural Resourcespersonnel and other air pollution controlagencies with proper authority.

(5) Determination of Compliance.(A) Testing and compliance demonstra-

tions for the emission limits of subsection(3)(A) shall follow the procedures containedin 10 CSR 10-6.030(14)(A) and 10 CSR 10-6.030(20). The averaging time for these testsshall be three (3) one (1)-hour tests. Theseprocedures will determine control device cap-ture efficiency and destruction efficiency.Control device testing will be required as thedirector determines necessary to verify thecapture and destruction efficiencies. At aminimum, control device testing must becompleted and submitted once to the appro-priate air pollution control agency within onehundred eighty (180) days (August 4, 1992)after this provision of the regulation is effec-tive (February 6, 1992), unless the directordetermines that a valid test is already on file.Inlet and outlet gas temperature rise across acatalytic incinerator shall be used to deter-mine daily compliance. These temperaturesshall be monitored with an accuracy of thegreater of plus or minus three-fourths percent(± 0.75%) of the temperature being mea-sured expressed in degrees Celsius or two andone-half degrees Celsius (2.5 °C).

(B) Testing and compliance demonstrationsfor the emission limits of subsection (3)(B)shall follow the procedures contained in 10CSR 10-6.030(14)(C). This procedure willdetermine the VOC content of inks. Ink test-ing will be required as the director deter-mines necessary to verify the manufacturer’sformula specifications. At a minimum, inktesting will be required once after this provi-sion of the regulation is effective (February6, 1992). Ink manufacturer’s formula specifi-cations shall be used to determine daily com-pliance.

(6) Compliance Dates. (A) The owner or operator of a rotogravure

or flexographic printing installation subject tothis regulation must submit a final controlplan to the director by December 31, 1980

for his/her approval. This plan must includethe following:

1. A detailed plan of process modifica-tions; and

2. A time schedule for compliance con-taining increments of progress and a finalcompliance date.

(B) Compliance with this regulation shallbe accomplished by any installation as expe-ditiously as practicable, but in no case shallfinal compliance extend beyond December31, 1982.

AUTHORITY: section 643.050, RSMo 1986.*Original rule filed March 13, 1980, effectiveSept. 12, 1980. Amended: Filed July 1, 1987,effective Dec. 24, 1987. Amended: Filed July15, 1991, effective Feb. 6, 1992.

*Original authority: 643.050, RSMo 1965, amended 1972,transferred from 203.050 in 1986, 643.050, RSMo 1992,1993.

10 CSR 10-2.300 Control of EmissionsFrom the Manufacturing of Paints,Varnishes, Lacquers, Enamels and OtherAllied Surface Coating Products

PURPOSE: This regulation specifies operat-ing equipment requirements and operatingprocedures for the reduction of volatileorganic compounds from the manufacture ofpaints, varnishes, lacquers, enamels andother allied surface coating products in theKansas City metropolitan area.

(1) Application.(A) This regulation shall apply throughout

Clay, Jackson and Platte Counties.(B) This regulation applies to those instal-

lations which have the uncontrolled potentialto emit more than two hundred fifty kilo-grams per day (250 kg/day) or one hundred(100) tons per year of volatile organic com-pounds (VOC) from the manufacture ofpaints, varnishes, lacquers, enamels andother allied surface coating products. Thisdoes not include any installation which doesnot have an allowable VOC emission limitestablished under 10 CSR 10-6.060 or legal-ly enforceable state implementation plan revi-sion and which has uncontrolled potentialemissions less than two hundred fifty (250)kg/day or one hundred (100) tons per year.The uncontrolled potential to emit is thepotential emissions (as defined) plus theemissions removed by control devices.


(3) General Provisions. No owner or operatorof a manufacturing installation subject to thisregulation and producing the products listedin section (1) shall cause or allow the manu-facture of these products unless the operatingequipment meets the requirements containedin this regulation and without adhering tooperating procedures recommended by theequipment manufacturer and approved by thedirector.

(4) Operating Equipment and OperatingProcedure Requirements.

(A) Tanks storing VOC with a vapor pres-sure greater than or equal to ten kilo pascals(10 kPa) (1.5 psi) at twenty degrees Celsius(20 °C), shall be equipped with pressure/vac-uum conservation vents set at 0.2 kPa (.029psi), except where more effective air pollu-tion control is used and has been approved bythe director. Stationary VOC storage contain-ers with a capacity greater than two hundredfifty (250) gallons shall be equipped with asubmerged-fill pipe or bottom fill, exceptwhere more effective air pollution control isused and has been approved by the director.

(B) Covers shall be installed on all open-top tanks used for the production of nonwa-terbase coating products. These covers shallremain closed except when production, sam-pling, maintenance or inspection proceduresrequire operator access.

(C) Covers shall be installed on all tankscontaining VOC used for cleaning equipment.These covers shall remain closed except whenoperator access is required.

(D) All vapors from varnish cooking oper-ations shall be collected and passed through acontrol device which removes at least eighty-five percent (85%) of the VOCs from thesevapors before they are discharged to theatmosphere.

(E) All grinding mills shall be operatedand maintained in accordance with manufac-turer’s specifications. The manufacturer’sspecifications shall be kept on file and madeavailable to the director upon his/her request.

(F) The polymerization of synthetic var-nish or resin shall be done in a completelyenclosed operation with the VOC emissionscontrolled by the use of surface condensers orequivalent controls.

1. If surface condensers are used, thetemperature of the exit stream shall notexceed the temperature at which the vaporpressure is 3.5 kPa (0.5 psi) for any organiccompound in the exit stream.

2. If equivalent controls are used, theVOC emissions must be reduced by anamount equivalent to the reduction whichwould be achieved under paragraph (4)(F)1.Any owner or operator desiring to use


Secretary of State


equivalent controls to comply with this sub-section shall submit proof of equivalency aspart of the control plan required under sub-section (5)(A) of this regulation. Equivalentcontrols may not be used unless approved bythe director.

(5) Compliance Dates.(A) The owner or operator of a paint, var-

nish, lacquer, enamel or other allied surfacecoating production installation subject to thisregulation shall submit a final control plan tothe director for his/her approval no later thanJanuary 25, 1988. This plan shall include atime schedule for compliance containing anengineering design, increments of progressfinal compliance and testing dates.

(B) Compliance with this regulation shallbe accomplished by affected installationspromptly, but in no case later than March 31,1988.

(6) Compliance Methods and Record Keep-ing.

(A) The VOC control efficiency in subsec-tions (4)(D) and (F) shall be determined bythe testing methods referenced in 10 CSR 10-6.030(14)(A). The same method shall beused to sample emissions from alternate con-trol measures subject to the director’s reviewin subsection (4)(A).

(B) Owners or operators utilizing add-oncontrol technology shall monitor the follow-ing parameters continuously while the affect-ed equipment is in operation:

1. Exit stream temperature on all con-densers;

2. Routine and unscheduled mainte-nance and repair activities on all air pollutioncontrol equipment; and

3. Any other parameter which the direc-tor determines is necessary to quantify emis-sions or otherwise determine compliancewith this regulation.

(C) Records shall be kept on productionrates sufficient to determine daily VOC emis-sions and any equipment test results per-formed in conjunction with this regulation.

(D) The owner or operator shall maintainall recorded information required under sub-sections (6)(B) and (C) and shall keep therecords for a period of not less than two (2)years. All these records shall be made avail-able to the director upon his/her request.

AUTHORITY: section 643.050, RSMo 1986.*Original rule filed April 2, 1986, effectiveSept. 26, 1986. Amended: Filed April 2,1987, effective Aug. 27, 1987. Amended:Filed Aug. 4, 1987, effective Dec. 12, 1987.


10 CSR 10-2.310 Control of EmissionsFrom the Application of AutomotiveUnderbody Deadeners

PURPOSE: This regulation restricts emis-sions of volatile organic compounds from theapplication of automotive underbody deaden-ers.

(1) Applicability.(A) This regulation shall apply throughout

Clay, Jackson and Platte Counties.(B) This regulation applies to all installa-

tions which have the uncontrolled potential toemit more than one hundred (100) tons peryear or two hundred fifty kilograms per day(250 kg) of volatile organic compounds(VOC) from the application of automotiveunderbody deadeners. This regulation alsoshall apply to any installation which does nothave an allowable VOC emission limit estab-lished under 10 CSR 10-6.060 or legallyenforceable state implementation plan revi-sion and which has uncontrolled potentialemissions greater than or equal to two hun-dred fifty (250) kg/day or one hundred (100)tons per year. The uncontrolled potential toemit is the potential emissions (as defined)plus the emissions removed by controldevices.


(3) General Provisions.(A) No person shall emit to the atmosphere

any VOC from the application of automotiveunderbody deadeners in excess of the emis-sion limit in section (4).

(B) The emission limit contained in section(4) shall be based on a daily weighted averageof all deadeners delivered to the coatingapplicator.

(4) Emission Limit and Compliance Date.

Application ComplianceProcess Emission Limit DateGeneral Motors 2.2 #VOC/Gal. 12/31/87Auto Underbody of Deadener

Deadeners (minus water)

(5) Record Keeping.(A) The owner or operator of a deadener

application operation covered by this regula-tion must maintain daily records of the com-position and amount of deadener used, theamount of solvent used, the amount of clean-up solvent used and discarded and any otherinformation necessary to determine compli-ance with this rule or to quantify VOC emis-sions.

(B) Records of all information required insubsection (5)(A) shall be kept for a period ofnot less than two (2) years and all theserecords shall be made available to the direc-tor upon his/her request.

(6) Compliance Method. Compliance withthis regulation shall be demonstrated usingthe test method referenced at 10 CSR 10-6.030(14)(C) to determine deadener compo-sition. The deadener manufacturer’s formula-tion data may be used to demonstrate compli-ance, but only after confirmation by the testmethod previously referenced.

AUTHORITY: section 643.050, RSMo 1986.*Original rule filed July 1, 1987, effectiveNov. 23, 1987.


10 CSR 10-2.320 Control of EmissionsFrom Production of Pesticides andHerbicides

PURPOSE: This regulation restricts emis-sions of volatile organic compounds from theproduction of pesticides and herbicides.

(1) Applicability.(A) This regulation shall apply throughout

Clay, Jackson and Platte Counties. (B) This regulation shall apply to any pes-

ticide or herbicide manufacturing installationwith an uncontrolled potential to emit equalto or greater than two hundred fifty kilogramsper day (250 kg/day) or one hundred (100)tons per year of volatile organic compounds(VOC). This regulation also shall apply toany installation which does not have an allow-able VOC emission limit established under 10CSR 10-6.060 or legally enforceable stateimplementation plan revision and which hasuncontrolled potential emissions greater thanor equal to two hundred fifty kilograms perday (250 kg/day) or one hundred (100) tonsper year of VOC. The uncontrolled potentialto emit is the potential emissions (as defined)plus the emissions removed by controldevices.

(C) This regulation does not apply tosource operations used exclusively for chem-ical or physical analysis of determinations ofproduct quality and commercial acceptance(such as pilot plant operations and laborato-ries) unless the operation is an integral part ofthe production process.


CODE OF STATE REGULATIONS 21JASON KANDER (6/30/13)Secretary of State


(3) General Provisions. All source operationsin installations affected by this regulation thatare venting emissions to VOC emission con-trol devices as of November 23, 1987 shall berequired to continue venting emissions tothese control devices and these emissionsshall be controlled to the extent required insection (4) of this regulation.

(4) Emission Limitations. Any pesticide orherbicide manufacturing installation VOCemissions control devices subject to this reg-ulation must achieve an instantaneous VOCdestruction or removal efficiency greater thanor equal to ninety-nine percent (99%).

(5) Record Keeping.(A) Owners or operators utilizing thermal

oxidizers as control technology must main-tain adequate records of the combustionchamber temperature and residence time todetermine the VOC control compliance.Also, the owners or operators must maintainrecords of routine or unscheduled mainte-nance and repairs of the thermal oxidizers.The director may require any other records ofoperating parameters as may be necessary todetermine compliance.

(B) Owners or operators using other con-trol technology shall maintain records of alloperating parameters and routine or unsched-uled maintenance and repairs of air pollutioncontrol equipment as may be required by thedirector to determine compliance.

(C) Records of all information required insubsections (4)(A) and (B) shall be kept for aperiod of not less than two (2) years and allthese records shall be made available to thedirector upon his/her request.

(6) Compliance Method.(A) For any control technology employed

to comply with this regulation, complianceshall be determined by the test methods ref-erenced in 10 CSR 10-6.030(14)(A) forVOC.

(B) For thermal oxidizers, complianceshall be determined by the combustion cham-ber temperature and residence time after ade-quate test results, as determined by the direc-tor, are provided by the owners or operators.These test results shall be subject to periodicconfirmation at the discretion of the director.Combustion chamber gas temperature shallbe monitored with an accuracy of the greaterof ± 0.75% of the temperature being mea-sured expressed in degrees Celsius or 2.5degrees Celsius.

(7) Compliance Date. Compliance with thisregulation by any installation subject to this

regulation shall occur no later thanNovember 23, 1987.

AUTHORITY: section 643.050, RSMo 1986.*Original rule filed July 1, 1987, effectiveNov. 23, 1987.


10 CSR 10-2.330 Control of Gasoline ReidVapor Pressure

PURPOSE: This rule limits the volatility ofmotor vehicle gasoline in the Kansas Citymaintenance area. By reducing the amount ofgasoline that evaporates into the atmosphere,emissions of volatile organic compounds willbe reduced. Since volatile organic com-pounds are precursors to ozone formation,ambient ozone levels will be reduced. Thisrule is intended to reduce emissions in themaintenance area as quickly as possible toreduce the risk of further ozone violations,which may prompt redesignation and/orsanctions from the U.S. EnvironmentalProtection Agency (EPA).

PUBLISHER’S NOTE: The secretary of statehas determined that the publication of theentire text of the material which is incorpo-rated by reference as a portion of this rulewould be unduly cumbersome or expensive.This material as incorporated by reference inthis rule shall be maintained by the agency atits headquarters and shall be made availableto the public for inspection and copying at nomore than the actual cost of reproduction.This note applies only to the reference mate-rial. The entire text of the rule is printedhere.

(1) Applicability. This rule shall applythroughout Clay, Platte, and Jackson coun-ties.

(2) Definitions. Definitions of certain termsused in this rule can be found in 10 CSR 10-6.020.

(3) General Provisions and Effective Dates ofCompliance.

(A) No person shall sell, dispense, supply,offer for sale, offer for supply, transport, orexchange in trade for use gasoline intendedfor final use in the applicable areas thatexceeds the Reid Vapor Pressure (RVP) limitin subsection (3)(B).

(B) The RVP of gasoline subject to thisrule shall be restricted starting in 2001 as fol-lows:

RVP(psi) Facility Time Period

7.0 psi All facilities June 1or less through

September 15

(C) Gasoline blends having at least ninepercent (9%) but not more than ten percent(10%) ethyl alcohol by volume of the blend-ed mixture shall have an RVP limit of one (1)pound per square inch (psi) higher than thelimit contained in subsection (3)(B).

(4) Gasoline Sampling Procedures. Gasolinesampling shall follow the procedures outlinedin ASTM D4057-06(2011) Standard Practicefor Manual Sampling of Petroleum andPetroleum Products, as published August2011 (Approved June 1, 2011). This standardis incorporated by reference in this rule, aspublished by American Society for Testingand Materials (ASTM) International, 100Barr Harbor Drive, PO Box C700, WestConshohocken, PA 19428-2959. This ruledoes not incorporate any subsequent amend-ments or additions.

(5) Gasoline Testing Procedures for RVP andDetermination of Compliance.

(A) Gasoline testing shall follow the proce-dures contained in either ASTM D6378-10Standard Test Method for Determination ofVapor Pressure (VPX) of Petroleum Products,Hydrocarbons, and Hydrocarbon-OxygenateMixtures (Triple Expansion Method), as pub-lished November 2010 (Approved October 1,2010) or ASTM D5191-10b Standard TestMethod for Vapor Pressure of PetroleumProducts (Mini Method), as publishedNovember 2010 (Approved October 1, 2010).These standards are incorporated by refer-ence in this rule, as published by AmericanSociety for Testing and Materials (ASTM)International, 100 Barr Harbor Drive, POBox C700, West Conshohocken, PA 19428-2959. This rule does not incorporate any sub-sequent amendments or additions.

(B) To determine compliance when fieldanalysis indicates the RVP is between sevenand zero-tenths (7.0) psi and seven and three-tenths (7.3) psi for conventional gasoline orbetween eight and zero-tenths (8.0) psi andeight and three-tenths (8.3) psi for nine to tenpercent (9%–10%) ethyl alcohol blends,Missouri Department of Natural Resources(MDNR) will conduct additional testing.Additional testing shall include independentanalysis by three (3) separate laboratories ofthree (3) independent samples taken sequen-tially, in accordance with sections (4) and (5)of this rule. If all of the measured RVP of thesamples are above seven and zero-tenths (7.0)psi for conventional gasoline or above eight

22 CODE OF STATE REGULATIONS (6/30/13) JASON KANDER

Secretary of State


and zero-tenths (8.0) psi for nine to ten per-cent (9%–10%) ethyl alcohol blends, thedepartment may take enforcement action.

(6) Record Keeping.(A) All persons subject to this rule shall

maintain records of any RVP testing and testresults during the compliance period speci-fied in section (3). These records shall bekept for at least two (2) years after the date ofa completed RVP test. These records shall bemade available immediately upon request forreview or duplication by Department ofNatural Resources personnel and city andcounty personnel certified under 643.140,RSMo.

(B) Each bill of lading, invoice, loadingticket, delivery ticket, and other documentthat accompanies a shipment of gasoline(which includes gasoline blended with ethylalcohol) shall contain a legible and conspicu-ous statement that the RVP of the gasolinedoes not exceed seven and zero-tenths (7.0)psi, in accordance with this rule for conven-tional gasoline, or that the RVP does notexceed eight and zero-tenths (8.0) psi for nineto ten percent (9%–10%) ethyl alcoholblends.

(C) Each bill of lading, invoice, loadingticket, delivery ticket, and other documentwhich accompanies a shipment of gasolinecontaining ethyl alcohol shall contain a legi-ble and conspicuous statement that the gaso-line being shipped contains ethyl alcohol andthat the percentage concentration of ethylalcohol is between nine percent to ten percent(9%–10%), as required under subsection(3)(C) of this rule.

(D) All persons subject to this rule shallkeep records of the bill of lading, invoice,loading ticket, delivery ticket, and other doc-uments accompanying a shipment of gasolineduring the compliance period specified insection (3). These records shall be kept for atleast two (2) years after the date of delivery.These records shall be made available imme-diately upon request for review or duplicationby Department of Natural Resources person-nel and city and county personnel certifiedunder 643.140, RSMo.

(E) The director may require additionalrecord keeping on a case-by-case basis. Thedirector may require records be kept for addi-tional periods of time for enforcement com-pliance.

(7) Violations and Penalties. Persons violat-ing this rule shall be subject to enforcementaction as authorized in 643.085 and 643.151,RSMo.

(8) Exemptions.

(A) Gasoline that exceeds the RVP limitswill not violate this rule if the gasoline is sep-arately stored, sealed, clearly labeled and notused until it is in compliance with this rule.The label shall state that the gasoline is pro-hibited by Missouri law from being sold, dis-pensed, supplied, offered for sale, offered forsupply, transported or exchanged in tradeuntil the specific date that the gasoline shallbe in compliance with this rule.

(B) An individual consumer of gasolinewho dispenses gasoline into his/her personalmotor vehicle is exempt from this rule.

(C) Gasoline used only to fuel agriculturalvehicles on property zoned for agriculturaluse is exempt from this rule.

(D) Owners and operators of facilities thatonly dispense gasoline into individual motorvehicles are not required to conduct the RVPtesting specified in section (5).

(E) Federal specification reformulatedgasoline (RFG) fully satisfies the require-ments of section (3) of this rule.

AUTHORITY: section 643.050, RSMo Supp.2012.* Original rule filed Jan. 3, 1991, effec-tive Aug. 30, 1991. Rescinded: Filed March15, 1995, effective Nov. 30, 1995. Readopted:Filed March 17, 1997, effective Oct. 30,1997. Amended: Filed Sept. 26, 2000, effec-tive May 30, 2001. Amended: Filed Oct. 25,2012, effective July 30, 2013.

*Original authority: 643.050, RSMo 1965, amended 1972,transferred from 203.050 in 1986, 1992, 1993, 1995, 2011.

10 CSR 10-2.340 Control of EmissionsFrom Lithographic Printing Installations

PURPOSE: This regulation restricts volatileorganic compound emissions from litho-graphic printing facilities.

(1) Applicability. (A) This regulation shall apply throughout

Clay, Jackson and Platte Counties. (B) This regulation shall apply to installa-

tions that have calculated actual volatileorganic compound (VOC) emissions for aknown number of crewed hours, increased bythe amount by weight of VOCs whose emis-sion into the atmosphere is prevented by theuse of air pollution control devices andextrapolated to eight thousand seven hundredsixty (8,760) hours per year equal to orgreater than one hundred (100) tons per yearfrom offset lithographic printing presses afterDecember 9, 1991. The following factorsshall be taken into consideration unless analternative method is approved by the direc-tor:

1. The installation shall assume fiftypercent (50%) of the solvent used for cleanupis retained in the rag(s) when the used sol-vent-laden rag(s) are cleaned or disposed of.The installation must demonstrate to thedirector that the solvents are not evaporatedinto the air when the waste rags are properlycleaned and disposed of;

2. The installation shall assume fortypercent (40%) of the heatset ink oils stay inthe paper web;

3. The installation shall assume noVOCs are emitted from the inks used insheet-fed presses and nonheatset web presses;and

4. The installation may assume that fiftypercent (50%) of the alcohol from the foun-tain solution is emitted from the dryer.

(C) This regulation shall not apply to—1. Printing on fabric, metal or plastic; 2. Sheet-fed lithographic presses with

cylinder widths of twenty-six inches (26") orless; or

3. Web lithographic presses with cylin-der widths of eighteen inches (18") or less.

(2) Definitions.(A) Alcohol—Refers to isopropanol or iso-

propyl alcohol; (B) Coating—In the graphic arts industry, a

layer of material that dries or cures by evap-oration and is applied to a substrate over inkin a relatively unbroken film;

(C) Fountain solution—The solution whichis applied to the image plate to maintain thehydrophilic properties of the nonimage areas.It is primarily water containing an etchant,gum arabic and a dampening aid;

(D) Heatset—A class of web-offset lithog-raphy which requires a heated dryer to evap-orate the ink oils and solvents from the print-ing inks;

(E) Lithographic printing—A printing pro-cess where a planographic plate is used withthe image area oleophilic and the nonimagearea hydrophilic;

(F) Offset—The process that transfers animage from a plate to a rubber blanket cylin-der before transfer to the substrate surface tobe printed;

(G) Sheet-fed—Printing presses that arefed from a stack of paper sheets instead of aweb. Sheet-fed presses generally use coldsetinks; and

(H) Web—The substrate printed in a con-tinuous roll-fed printing process.

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

(3) General Provisions.



(A) No owner or operator shall use or per-mit the use of any offset lithographic printingpress unless—

1. The fountain solution contains tenpercent (10%) or less by weight of alcohol;

2. The fountain solution is refrigeratedto a temperature of fifty-five degreesFahrenheit (55 °F) or less for alcohol-basedsolutions;

3. The fountain solution temperature atthe mixing tank for alcohol-based solutions ismonitored during each shift; and

4. The fountain solution mixing tanksare covered for alcohol-based solutions.

(B) No owner or operator shall use or per-mit the use of any offset lithographic printingpress that uses cleanup solvents containingVOCs unless—

1. The cleanup solvents are kept in tight-ly covered tanks or containers during trans-port and storage;

2. The cleaning cloths used with thecleanup solvents are placed in tightly closedcontainers when not in use and while await-ing off-site transportation. The cleaningcloths should be properly cleaned and dis-posed of. The cloths, when properly cleanedor disposed of, are processed in a way that asmuch of the solvent, as practicable, is recov-ered for further use or destroyed. Cleaningand disposal methods shall be approved bythe director; and

3. An owner or operator may use analternate method for reducing cleanup solventVOC emissions, including the use of lowVOC cleanup solvents, if the owner or oper-ator shows the emission reduction is equal toor greater than those in paragraphs (3)(B)1.and 2. This alternate method must beapproved by the director.

(C) No owner or operator shall use or per-mit the use of any heatset web-offset litho-graphic printing press that uses a dryer thathas ever had an actual emission rate of ten(10) tons per year or more VOCs afterDecember 9, 1991, unless one hundred per-cent (100%) of the dryer exhaust is ducted toa control device that achieves eighty-five per-cent (85%) by weight or greater control effi-ciency.

(D) Use of emission control equipmentshall require that continuous monitors beinstalled, calibrated, operated and main-tained. The monitors continuously shall mea-sure—

1. The exhaust gas temperature of allVOC destruction devices and the gas temper-ature immediately upstream and downstreamof any catalytic bed with an accuracy of plusor minus 0.75% measured in degreesCelsius, or 2.5 degrees Celsius;

2. The cumulative amount of VOCrecovered during a calendar month for allVOC recovery equipment attached to a dryerwith an accuracy of plus or minus two percent(±2%); and

3. Any other parameters considered nec-essary by the director to verify proper opera-tion of emission control equipment.

(4) Reporting and Record Keeping.(A) All persons subject to this regulation

shall maintain records as required by this sec-tion sufficient to determine continuous com-pliance with this regulation. These recordsshall be kept for at least two (2) years. Theserecords shall be available immediately uponrequest for review by Department of NaturalResources personnel and other air pollutioncontrol agencies with proper authority.

(B) All persons subject to subsection(3)(C) shall maintain records for each controldevice sufficient to demonstrate that the con-trol efficiency is being maintained.

(C) For each regulated printing press,records shall be maintained to show—

1. Quantity of alcohol added to the foun-tain solution of each regulated press inpounds each month;

2. Percent of alcohol in fountain solutionby weight as monitored on a once per shiftbasis;

3. Results of any testing conducted on anemission unit at a regulated installation;

4. Maintenance records of any air pollu-tion control equipment; and

5. The temperature of alcohol-basedfountain solution as recorded on a once pershift basis.

(D) For each lithographic installation sub-ject to this regulation, records shall be main-tained to show—

1. Properties of heatset inks as applied(determined by the manufacturer’s formula-tion data), density of inks in pounds per gal-lon, and total VOC content in weight percent;

2. Quantity of heatset inks as applied tosubstrate in pounds on a monthly basis;

3. Quantity of cleanup solvents used ona monthly basis; and

4. Quantity of coatings used on a month-ly basis and percent VOC in coating byweight on a formulation basis.

(E) The director may require other recordsas reasonable and necessary to carry out theprovisions of the Missouri Air ConservationLaw.

(F) All persons subject to the provisions ofthis regulation shall provide to the directorfor approval a demonstration of final compli-ance with subsection (3)(A)—

1. Upon startup of presses which are notin existence and operating on December 9,1991;

2. Within eighteen (18) months (June 9,1993) after the effective date of this regula-tion (December 9, 1991) for all presses witha cylinder width of less than sixty inches(60") and all web presses with a cylinderwidth of sixty inches (60") or greater that arein existence and operating on December 9,1991; and

3. Within thirty-six (36) months(December 9, 1994) after the effective dateof this regulation (December 9, 1991) for allsheet-fed presses with a cylinder width ofsixty inches (60") or greater that are in exis-tence and operating on December 9, 1991.

(G) All persons subject to the provisions ofthis regulation shall provide to the directorfor approval a demonstration of final compli-ance with subsections (3)(B) and (C) of thisrule—

1. Upon startup of presses which are notin existence and operating on December 9,1991; and

2. Within eighteen (18) months (June 9,1993) after the effective date of this regula-tion for all presses that are in existence andoperating December 9, 1991.

(H) All persons subject to the provisions ofthis regulation and not in compliance with allprovisions of this regulation within twelve(12) months (December 9, 1992) from theeffective date of this regulation (December 9,1991) must submit a compliance plan to thedirector for approval. This plan must bereceived within six (6) months (June 9, 1992)after the effective date of this regulation(December 9, 1991). This plan must includethe following:

1. A detailed plan of process modifica-tions; and

2. A time schedule for compliance con-taining increments of progress, including:

A. Date of submittal of the source’sfinal control plan to the appropriate air pollu-tion control agency;

B. Date by which contracts for emis-sion control systems or process modificationswill be awarded; or date by which orders willbe issued for the purchase of component partsto accomplish emission control or processmodification;

C. Date of initiation of on-site con-struction or installation of emission controlequipment or process change;

D. Date by which on-site constructionor installation of emission control equipmentor process modification is to be completed;and

E. Date by which final compliance isto be achieved.


Secretary of State


(5) Test Methods.(A) Testing and compliance demonstra-

tions for subsection (3)(C) of this rule shallfollow the procedures contained inEnvironmental Protection Agency ReferenceMethods 25 or 25A found in 40 CFR Part 60,Appendix A.

(B) Testing and compliance demonstrationsfor paragraph (3)(A)1. of this rule shall bebased on the results from a calibratedhydrometer or refractometer.

AUTHORITY: section 643.050, RSMo 2000.*Original rule filed June 4, 1991, effectiveDec. 9, 1991. Amended: Filed Jan. 13, 2003,effective Aug. 30, 2003.


10 CSR 10-2.360 Control of EmissionsFrom Bakery Ovens

PURPOSE: This regulation restricts the emis-sion of volatile organic compounds from bak-ery ovens at large commercial bakeries.

PUBLISHER’S NOTE: The secretary of statehas determined that the publication of theentire text of the material which is incorpo-rated by reference as a portion of this rulewould be unduly cumbersome or expensive.Therefore, the material which is so incorpo-rated is on file with the agency who filed thisrule, and with the Office of the Secretary ofState. Any interested person may view thismaterial at either agency’s headquarters orthe same will be made available at the Officeof the Secretary of State at a cost not toexceed actual cost of copy reproduction. Theentire text of the rule is printed here. Thisnote refers only to the incorporated by refer-ence material.

(1) Definitions. Definitions of some of theterms used in this rule may be found in 10CSR 10-6.020 Definition and CommonReference Tables.

(2) Applicability. (A) This rule shall apply only in Clay,

Platte and Jackson Counties.(B) This rule shall apply to existing com-

mercial bakeries whose potential emissions ofvolatile organic compounds (VOCs) aregreater than one hundred tons per year (100tpy). These bakeries shall demonstrate com-pliance with this rule by January 1, 1997.

(C) This rule shall apply to new or modi-fied commercial bakeries whose potentialemissions of VOCs are greater than one hun-dred (100) tpy upon start-up.

(3) Requirement. Existing or new commer-cial bakeries which meet the applicabilitylevel in subsections (2)(A), (B) and (C) shallinstall VOC emissions control device(s) inorder to achieve at least ninety percent (90%)destruction and capture efficiencies orachieve at least eighty percent (80%) totalremoval efficiency on the combined emis-sions of all baking ovens.

(4) Determination of Compliance. Compli-ance with this rule shall be determined by thefollowing methods:

(A) The destruction efficiency shall bedetermined by using EnvironmentalProtection Agency (EPA) Test Method 25Aor another equivalent method that is approvedby the director.

(B) The amount of VOC per ton of bakedbread shall be based on the EPA emission fac-tors published in the EnvironmentalProtection Agency document entitled “Alter-native Control Technology Document forBakery Oven Emissions,” EPA 453/R-92-017, December 1992, or administrator-approved alternative methods determinedthrough stack testing or administrator-approved industry literature. Alternativemethods must be approved by the director.

(C) The capture efficiency of the air pollu-tion control device shall be determined usingthe method referenced in 10 CSR 10-6.030(20) or by an administrator-approvedalternative method. Alternative methods mustbe approved by the director.

(5) Record Keeping. (A) The owner or operator of a bakery

oven shall maintain a daily record of opera-tions. The daily records shall include at least:

1. The amount of raw material pro-cessed;

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 employingVOC emission control device(s) shall, asapplicable, continuously monitor and recordthe following parameters of such device(s)while the bakery oven is in operation:

1. Exhaust temperature of all combus-tion devices, if used. Combustion devicesmust be operated at temperatures highenough to achieve optimum destruction effi-ciency. The optimum operating temperatureswill be established by the department at thetime of compliance determination;

2. Temperature rise across a catalyticoxidation bed, if used;

3. Exit stream temperature on all con-densers, if used; and

4. Any other monitoring parameters asfound necessary by the director.

(C) Records under subsections (5)(A) and(B) shall be retained by the owner or operatorfor a minimum of five (5) years. Theserecords shall be made available to the repre-sentatives of the Missouri Department ofNatural Resources upon request.

(6) Compliance Schedules. Any bakeryowner or operator of an existing source sub-ject to this rule shall submit a complianceplan to the director within three (3) months ofthe rule effective date. The compliance planshall include, but shall not be limited to, con-trol device description, testing protocol, dateof compliance, and an operating and mainte-nance plan for the control device(s). Theowner or operator must implement theapproved plan and demonstrate compliancewith this rule by January 1, 1997.

AUTHORITY: section 643.050, RSMo 1994.*Original rule filed May 15, 1995, effectiveDec. 30, 1995.

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

10 CSR 10-2.385 Control of Heavy-DutyDiesel Vehicle Idling Emissions

PURPOSE: The purpose of this rule is toimplement restrictions on the idling of heavy-duty diesel vehicles in the Kansas City OzoneMaintenance Area. The evidence supportingthe need for this rule, per section 536.016,RSMo, is the federally approved 2007 KansasCity Maintenance Plan for the Control ofOzone.

(1) Applicability.(A) This regulation applies throughout

Clay, Platte, and Jackson Counties. (B) This regulation applies to owners or

operators of commercial, public, and institu-tional heavy-duty diesel vehicles that aredesigned to operate on public streets andhighways, whether or not the vehicles areoperated on public roadways.

(C) This regulation applies to owners andoperators of load/unload locations wherecommercial, public, and institutional heavy-duty diesel vehicles load or unload passen-gers.

(D) Passenger vehicles as defined in sub-section (2)(H) of this rule are exempt fromthis rule.



(2) Definitions.(A) Auxiliary Power Unit (APU)—An inte-

grated system that—1. Provides heat, air conditioning,

engine warming, or electricity to componentson a heavy duty vehicle; and

2. Is certified by the Administratorunder part 89 of title 40, Code of FederalRegulations (or any successor regulation), asmeeting applicable emissions standards.

(B) Commercial Vehicle—Any motor vehi-cle, other than a passenger vehicle, and anytrailer, semitrailer, or pole trailer drawn bysuch motor vehicle, that is designed, used,and maintained for the transportation of per-sons or property for hire, compensation,profit, or in the furtherance of a commercialenterprise.

(C) Gross Vehicle Weight Rating(GVWR)—The value specified by the manu-facturer as the maximum design loadedweight of a single vehicle.

(D) Heavy Duty Diesel Vehicle—A vehiclethat—

1. Has a gross vehicle weight ratinggreater than ten thousand pounds (10,000lbs.);

2. Is powered by a diesel engine; and3. Is designed primarily for transporting

persons or property on a public street orhighway.

(E) Idling—The operation of an enginewhere the engine is not engaged in gear.

(F) Institutional Vehicles—Any motorvehicle, other than a passenger vehicle, andany trailer, semitrailer, or pole trailer drawnby such a motor vehicle, that is designed,used, and maintained for the transportation ofpersons or property for an establishment,foundation, society, or the like, devoted to thepromotion of a particular cause or programespecially one of a public, educational, orcharitable character.

(G) Load/Unload Locations—Distributioncenters, warehouses, retail stores, railroadfacilities, ports, and any other sites whereheavy duty diesel vehicles may idle theirengines while waiting to load or unload.

(H) Passenger Vehicle—Every motor vehi-cle, except motorcycles, motor-driven cycles,and ambulances, designed for carrying ten(10) passengers or less and used for the trans-portation of persons.

(I) Public Vehicles—Any motor vehicle,other than a passenger vehicle, and any trail-er, semitrailer, or pole trailer drawn by sucha motor vehicle, which is designed, used, andmaintained for the transportation of personsor property at the public expense and underpublic control.

(J) Definitions of certain terms specified inthis 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 oroperator shall cause or allow vehicles coveredby this rule to idle for a period greater thanfive (5) minutes in any sixty (60)-minuteperiod.

(B) Requirement for Heavy-Duty DieselVehicles. No owner/operator of a heavy-dutydiesel vehicle covered by this rule shall idlethe vehicle for more than five (5) minutes inany sixty (60)-minute period except as notedin subsection (3)(C) of this rule.

(C) Exempt Idling Activities. The followingactivities are exempt from 10 CSR 10-2.385:

1. A heavy-duty diesel vehicle idlingwhile forced to remain motionless because ofroad traffic, an official traffic control deviceor signal, or at the direction of a law enforce-ment official;

2. A heavy-duty diesel vehicle idlingwhen operating defrosters, heaters, air condi-tioners, safety lights, or other equipmentsolely to prevent a safety or health emergen-cy;

3. A police, fire, ambulance, publicsafety, utility service vehicle, military, otheremergency or law enforcement vehicle, orany heavy-duty diesel vehicle being used inan emergency capacity, idling while in anemergency or training mode, and not for theconvenience of the heavy-duty diesel vehicleoperator;

4. The primary propulsion engine idlingfor maintenance, servicing, repairing, ordiagnostic purposes if idling is necessary forsuch activity or if idling of the primarypropulsion engine is being conducted inaccordance with the manufacturer’s recom-mendations;

5. A heavy-duty diesel vehicle idling aspart of a state or federal inspection to verifythat all equipment is in good working order,provided idling is required as part of theinspection;

6. A primary propulsion engine idlingwhen necessary to power work relatedmechanical or electrical operations other thanpropulsion (e.g., mixing, operating hydrauliclifts, processing cargo, or straight truckrefrigeration). This exemption does not applywhen idling for cabin comfort or to operatenon-essential onboard equipment;

7. An armored vehicle idling when aperson remains inside the vehicle to guard thecontents, or while the vehicle is being loadedor unloaded;

8. A bus idling for no greater than fif-teen (15) minutes in any sixty (60)-minuteperiod to maintain passenger comfort while

non-driver passengers are onboard;9. An occupied heavy-duty diesel vehi-

cle with a sleeper berth compartment idlingfor purposes of air conditioning or heatingduring government mandated rest periods;

10. A heavy-duty diesel vehicle idlingdue to mechanical difficulties over which thedriver has no control;

11. Heavy-duty diesel vehicles usedexclusively for agricultural operations andonly incidentally operated or moved uponpublic roads;

12. Operating an auxiliary power unit asan alternative to idling the main engine; and

13. A heavy-duty diesel vehicle idlingfor no greater than thirty (30) minutes in anysixty (60)-minute period while waiting to loador unload at a freight load/unload location.

(4) Reporting and Record Keeping. (NotApplicable)


AUTHORITY: section 643.050, RSMo 2000.*Original rule filed July 11, 2008, effectiveFeb. 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 AreaTransportation Conformity Requirements

PURPOSE: This rule implements section176(c)(4)(E) of the Clean Air Act (CAA), asamended (42 U.S.C. 7401–7671q.), and therelated requirements of 23 U.S.C. 109(j),with respect to the conformity of transporta-tion plans, programs, and projects which aredeveloped, funded, or approved by the UnitedStates Department of Transportation (DOT),and by metropolitan planning organizations(MPOs) or other recipients of funds underTitle 23 U.S.C. or the Federal Transit Laws(49 U.S.C. Chapter 53). This rule sets forthpolicy, criteria, and procedures for demon-strating and assuring conformity of suchactivities to the applicable implementationplan, developed pursuant to section 110 andPart D of the CAA. This rule would apply tothe Kansas City attainment area shouldKansas City violate the standard and beredesignated as nonattainment.

PUBLISHER’S NOTE: The secretary of statehas determined that the publication of theentire text of the material which is incorpo-rated by reference as a portion of this rulewould be unduly cumbersome or expensive.This material as incorporated by reference inthis rule shall be maintained by the agency at


Secretary of State


its headquarters and shall be made availableto the public for inspection and copying at nomore than the actual cost of reproduction.This note applies only to the reference mate-rial. The entire text of the rule is printedhere.

(1) Applicability.(A) If any Missouri portion of the Kansas

City metropolitan area is redesignated as anonattainment area for any transportation-related criteria pollutant, the provisions ofthis rule shall apply to the Missouri countiesand the portions of Missouri counties locatedwithin the redesignated nonattainment area.

(B) This rule meets the requirements forstate transportation conformity state imple-mentation plans as provided in section6011(f)(4) of the Safe, Accountable, Flexible,Efficient Transportation Equity Act: ALegacy for Users. This regulation addressesand gives full legal effect to the followingthree (3) requirements of the FederalTransportation Conformity Rule, 40 CFRpart 93 subpart A: 1) 40 CFR 93.105, whichaddresses consultation procedures; 2) 40CFR 93.122(a)(4)(ii), which states that con-formity plans must require written commit-ments to control measures to be obtainedprior to a conformity determination if thecontrol measures are not included in ametropolitan planning organization’s trans-portation plan and transportation improve-ment program, and that such commitments befulfilled; and 3) 40 CFR 93.125(c), whichstates that conformity plans must requirewritten commitments to mitigation measuresto be obtained prior to a project-level confor-mity determination, and that project sponsorscomply with such commitments.

(C) The Federal Transportation Conform-ity Rule is located at 40 Code of FederalRegulations (CFR) 93.100 through 93.129.

(2) Definitions.(A) Definitions for key words and phrases

used in this rule may be found in subsection40 CFR 93.101 of 40 CFR 93 Subpart A,promulgated as of July 1, 2006, which ishereby incorporated by reference in this rule,as published by the Office of the FederalRegister, U.S. National Archives andRecords, 700 Pennsylvania Avenue NW,Washington, D.C. 20408. This rule does notincorporate any subsequent amendments oradditions.

(B) Participants in the interagency consul-tation process must include the followingpublic agencies:

1. Federal Highway Administration,Kansas Division;

2. Federal Transit Administration,Region 7;

3. Johnson County (Kansas) Environ-mental Department;

4. Johnson County (Kansas) Transit;5. Kansas City Area Transportation

Authority;6. Kansas City, Missouri, Department of

Health Air Quality Program;7. Kansas Department of Health, Bureau

of Air & Radiation;8. Kansas Department of Transporta-

tion;9. Mid-America Regional Council;10. Missouri Department of Natural Re-

sources’ Air Pollution Control Program;11. Missouri Department of Transpor-

tation;12. Unified Government Health Depart-

ment, Air Quality Program;13. Unified Government Transit Depart-

ment; and14. U.S. Environmental Protection

Agency, Region 7.(C) Metropolitan planning organization

(MPO)—That organization designated asbeing responsible, together with the state, forconducting the continuing, cooperative, andcomprehensive planning process under 23U.S.C. 134 and 49 U.S.C. 5303. It is theforum for cooperative transportation deci-sion-making. The Mid-America RegionalCouncil is the MPO for the Kansas Citymetropolitan area and the organizationresponsible for conducting the planningrequired under section 174 of the CAA.

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

(3) General Provisions. (A) Interagency Consultation Procedures

(Federal Code Location: 40 CFR 93.105).1. General. Procedures for interagency

consultation (federal, state, and local), reso-lution of conflicts, and public consultationare described in paragraphs (3)(A)1.–(3)(A)5. of this rule. Public consultation pro-cedures meet the requirements for publicinvolvement in 23 CFR part 450.

A. The implementation plan revisionrequired shall include procedures for intera-gency consultation (federal, state, and local),resolution of conflicts, and public consulta-tion as described in paragraphs (3)(A)1.–(3)(A)5. of this rule. Public consultation pro-cedures will be developed in accordance withthe requirements for public involvement in 23CFR part 450.

B. MPOs and state departments oftransportation will provide reasonable oppor-tunity for consultation with state air agencies,local air quality and transportation agencies,Department of Transportation (DOT), andU.S. Environmental Protection Agency

(EPA), including consultation on the issuesdescribed in subparagraph (3)(A)3.A. of thisrule, before making conformity determina-tions.

2. Interagency consultation procedures—general factors.

A. Representatives of the MPO andits regional transportation policy advisorycommittee, state transportation agencies,state and local air quality agencies, andregional air quality policy advisory organiza-tion designated by the state air quality agen-cies under the provisions of CAA section 174shall participate in an interagency consulta-tion process in accordance with this sectionwith each other and with Federal HighwayAdministration (FHWA) and Federal TransitAdministration (FTA) and EPA on the devel-opment of the implementation plan, the list ofTransportation Control Measures (TCMs) inthe applicable implementation plan, the uni-fied planning work program under 23 CFRsection 450.314, the transportation plan, theTransportation Improvement Plan (TIP), andany revisions to the preceding documents andassociated conformity determinations. Use ofexisting advisory committee structures willbe the preferred mechanism for interagencyconsultation during the early stages of plan-ning or programming processes. Expansionof representation will occur as necessary toassure that consulting agencies have theopportunity to receive background informa-tion as it is developed and share ideas andconcerns early in the planning or program-ming process. Where consultation takes placeoutside of existing advisory committee struc-tures, local government transportation inter-ests will be represented by four (4) persons(representing transit and roadway interestsfrom each state) appointed by the chairs ofthe regional transportation policy advisorycommittee and local government air qualityinterests will be represented by four (4) per-sons (at least one (1) from each state)appointed by the chairs of the regional airquality advisory organization. The air qualityrepresentation shall not duplicate representa-tion from transportation agencies.

B. Roles and responsibilities of con-sulting agencies.

(I) It shall be the affirmativeresponsibility of the agency(ies) with theresponsibility for preparing the final docu-ment to initiate the consultation process bynotifying other participants of the proposedplanning or programming process for thedevelopment of the following planning or pro-gramming documents: the regional trans-portation plan and the regional TIP, includingrevisions, the unified planning work pro-gram, and any conformity determinations,



with the MPO as the responsible agency; thestatewide transportation plan and StateTransportation Improvement Plan for north-ern Clay and northern and western PlatteCounties, with the state transportation agencyas the responsible agency; and the state airquality implementation plans with motorvehicle emissions budgets and control strate-gies, including revisions, with the state airquality agency in cooperation with the MPOas the responsible agencies.

(II) The adequacy of the consulta-tion process for each type of document listedin subparagraph (3)(A)2.B. of this rule shallbe assured by the agency responsible for thatdocument, by meeting the requirements ofsubparts (3)(A)2.B.(II)(a)–(c) of this rule.

(a) The proposed planning orprogramming process must include at a min-imum the following:

I. The roles and responsibil-ities of each agency at each stage in the plan-ning process, including technical meetings;

II. The proposed organiza-tional level of regular consultation;

III. A process for circulating(or providing ready access to) draft docu-ments and supporting materials for commentbefore formal adoption or publication;

IV. The frequency of, or pro-cess for convening, consultation meetings andresponsibilities for establishing meetingagendas; and

V. A process for respondingto the significant comments of involved agen-cies.

(b) The time sequence and ade-quacy of the consultation process will bereviewed and determined for each type ofplanning or programming document by con-sensus of the consultation agencies at a meet-ing convened by the responsible agency forthat purpose. These procedures shall subse-quently become binding on all parties untilsuch time as the procedures are revised byconsensus of the consulting agencies.

(c) As a matter of policy, plan-ning or programming processes must meettwo (2) tests—

I. Consultation opportunitiesmust be provided early in the planning pro-cess. Early participation is intended to facili-tate sharing of information needed for mean-ingful input and to allow the consulting agen-cies to confer with the responsible agencyduring the formative stages of the plan or pro-gram. At a minimum, proposed transporta-tion planning or programming processes mustspecifically include opportunities for the con-sulting agencies to confer upon the conformi-ty analysis required to make conformitydeterminations for transportation plans and

TIPs prior to consideration of draft docu-ments by the regional air quality advisoryorganization, the regional transportation pol-icy advisory committee or the state trans-portation agency for the transportation plan-ning area outside of the metropolitan plan-ning area for transportation planning. Airquality planning processes must specificallyinclude opportunities for the consulting agen-cies to confer upon the motor vehicle emis-sions budget before the budget is consideredby the regional air quality advisory organiza-tion, the regional transportation policy advi-sory committee, and the state air qualityagency. Additionally, if TCMs are to be con-sidered in transportation plans, TIPs or thestate implementation plan, specific opportu-nities to consult upon TCMs by air qualityand transportation agencies must beprovided; and

II. Additional consultationopportunities must be provided prior to anyfinal action by any responsible agency listedin subparagraph (3)(A)2.B. of this rule. Priorto formal action approving any plan or pro-gram, the consulting agencies must be givenan opportunity to communicate their views inwriting to the responsible agency. Theresponsible agency must consider the viewsof the consulting agencies and respond inwriting to those views in a timely and com-plete manner prior to any final action on anyplan or program. Such views and writtenresponse shall be made part of the record ofany decision or action. Opportunities for for-mal consulting agency comment may run con-current with other public review time frames.Participation or lack of participation by aconsulting agency early in the planning orprogramming process has no bearing on theiropportunity to submit formal comment priorto official action by the responsible agency.

C. Consultation on planning assump-tions.

(I) Representatives of the conformi-ty consulting agencies shall meet no less fre-quently than once per calendar year for thespecific purpose of reviewing changes intransportation and air quality planningassumptions that could potentially impact thestate implementation plan (SIP) motor vehi-cle emissions inventory, motor vehicle emis-sions budget and/or conformity determina-tions.

(II) It shall be the affirmativeresponsibility of each of the consulting agen-cies to advise the MPO of any pendingchanges in their planning assumptions. TheMPO shall be responsible for convening ameeting to review planning assumptions inAugust of each year, unless an alternate dateis agreed to by the consulting agencies, and at

such other times as any of the consultingagencies proposes a change to any of theseplanning inputs. The purpose of the meet-ing(s) is to share information and evaluate thepotential impacts of any proposed changes inplanning assumptions, and to inform eachother regarding the timetable and scope ofany upcoming studies or analyses that maylead to future revision of planning assump-tions.

(III) If any consulting agency pro-poses to undertake a data collection, planningor study process to evaluate a planningassumption that may have a significant impacton the state implementation plan (SIP) motorvehicle emissions inventory, motor vehicleemissions budget and/or conformity determi-nations, all of the consulting agencies shall begiven an opportunity to provide advisoryinput into that process. Examples of data,planning or study topics that may be of inter-est in this context include (but are not limitedto):

(a) Estimates of vehicle milestraveled;

(b) Estimates of current vehicletravel speeds;

(c) Regional population andemployment projections;

(d) Regional transportation mod-eling assumptions;

(e) The methodology for deter-mining future travel speeds;

(f) The motor vehicle emissionsmodel; and

(g) The methodology for esti-mating future vehicle miles traveled.

(IV) Whenever a change in airquality or transportation planning assump-tions is proposed that may have a significantimpact on the SIP motor vehicle emissionsinventory, motor vehicle emissions budgetand/or conformity determinations, the agencyproposing the change must provide all of theconsulting agencies an opportunity to reviewthe basis for the proposed change. All con-sulting agencies shall be given at least thirty(30) days to evaluate the impact of a proposedchange in planning assumptions prior to finalaction by the agency proposing the change.(In the case of an EPA motor vehicle emis-sions model change, this would occur as partof the federal rulemaking process.)

D. It shall be the affirmative responsi-bility of the responsible agency to maintain acomplete and accurate record of all agree-ments, planning and programming processes,and consultation activities required under thisrule and to make these documents availablefor public inspection upon request. In addi-tion, it shall be the affirmative responsibilityof the responsible agency to post the following


Secretary of State


information on the Mid-America RegionalCouncil’s Internet website to provide publicaccess—

(I) The full text of any transporta-tion or air quality document specified in sub-paragraph (3)(A)2.B. of this rule and under-going public comment pending final action bythe responsible agency;

(II) Summary of planning and pro-gramming processes for transportation plans,TIPs and SIPs identified in subparagraph(3)(A)2.B. of this rule, after approval by con-sensus of the consulting agencies; and

(III) Reasonably understandablesummaries of final planning and program-ming documents for the general public. Thissummary information must be accompaniedby a complete list of all supporting informa-tion, reports, studies, and texts which providebackground or further information, alongwith the location of the documents andinstructions on how they can be accessed.Summaries of final documents shall be pro-vided to the other consulting agencies and tothe MPO within fourteen (14) days of finalapproval by the responsible agency.Summaries of the following documents arespecifically required:

(a) Regional unified planningwork program;

(b) Official projections of re-gional population and employment;

(c) Regional transportation plan; (d) State transportation plans for

areas within the air quality planning area butoutside of the metropolitan planning area fortransportation;

(e) Regional transportation im-provement program;

(f) State transportation improve-ment program for areas within the air qualityplanning area but outside of the metropolitanplanning area for transportation;

(g) State air quality plan andemissions inventories, including motor vehi-cle emissions budgets; and

(h) The most recent analysisupon which a transportation/air quality con-formity determination was made for a trans-portation plan or TIP.

3. Interagency consultation procedures:specific processes. Interagency consultationprocedures shall also include the followingspecific processes:

A. An interagency consultation pro-cess in accordance with paragraph (3)(A)2.of this rule involving the MPO, the regionaltransportation policy advisory committee, theregional air quality advisory organization, thestate transportation and air quality agencies,EPA, FHWA and FTA shall be undertaken forthe following:

(I) Evaluating and choosing amodel (or models) and associated methodsand assumptions to be used in hot-spot anal-yses and regional emissions analyses;

(II) Determining which minor arte-rials and other transportation projects shouldbe considered “regionally significant” for thepurposes of regional emissions analysis (inaddition to those functionally classified asprincipal arterial or higher or fixed guidewaysystems or extensions that offer an alternativeto regional highway travel), and which pro-jects should be considered to have a signifi-cant change in design concept and scope fromthe transportation plan or TIP. This processshall be initiated by the MPO and conductedin accordance with subparagraph (3)(A)2.C.of this rule regarding changes in planningassumptions;

(III) Evaluating whether projectsotherwise exempted from meeting therequirements of 40 CFR 93.126 and 93.127should be treated as non-exempt in caseswhere potential adverse emissions impactsmay exist for any reason. This process shallbe initiated by the MPO and conducted inaccordance with subparagraph (3)(A)2.B. ofthis rule in the context of the transportationplanning and TIP programming processes;

(IV) Developing a list of TCMs tobe included in the applicable implementationplan. This process shall be initiated by theMPO and conducted in accordance with sub-paragraph (3)(A)2.B. of this rule in the con-text of the state air quality implementationplan development process;

(V) Making a determination, asrequired by 40 CFR 93.113(c)(1), whetherpast obstacles to implementation of TCMswhich are behind the schedule established inthe applicable implementation plan have beenidentified and are being overcome, andwhether state and local agencies with influ-ence over approvals or funding for TCMs aregiving maximum priority to approval or fund-ing for TCMs. This process shall be initiatedby the MPO and conducted in accordancewith subparagraph (3)(A)2.B. of this rule inthe context of the transportation planning andTIP programming processes. This processshall also consider whether delays in TCMimplementation necessitate revisions to theapplicable implementation plan to removeTCMs or substitute TCMs or other emissionreduction measures;

(VI) Notification of transportationplan or TIP revisions or amendments whichmerely add or delete exempt projects listed in40 CFR 93.126 or 40 CFR 93.127. This pro-cess shall be initiated by the MPO and con-ducted in accordance with subparagraph(3)(A)2.B. of this rule in the context of the

transportation planning and TIP program-ming processes. The MPO shall notify allconformity consulting agencies in writingwithin seven (7) calendar days after takingaction to approve such exempt projects. Thenotification shall include enough informationabout the exempt projects for the consultingagencies to determine their agreement or dis-agreement that the projects are exempt under40 CFR 93.126 or 40 CFR 93.127;

(VII) Determining whether the pro-ject is included in the regional emissionsanalysis supporting the current conformingTIP’s conformity determination, even if theproject is not strictly included in the TIP forpurposes of MPO project selection orendorsement, and whether the project’sdesign concept and scope have not changedsignificantly from those which were includedin the regional emissions analysis, or in amanner which would significantly impact useof the facility. This process shall be initiatedby the MPO and conducted in accordancewith paragraph (3)(A)2. of this rule in thecontext of the TIP programming process;

(VIII) Determining what forecast ofvehicle miles traveled (VMT) to use in estab-lishing or tracking emissions budgets, devel-oping transportation plans, TIPs, or applica-ble implementation plans, or making confor-mity determinations. This process shall beinitiated by the MPO and conducted in accor-dance with subparagraph (3)(A)2.C. of thisrule regarding planning assumptions;

(IX) Determining the definition ofreasonable professional practice for the pur-poses of 40 CFR 93.122. This process shallbe initiated by the MPO and conducted inaccordance with subparagraph (3)(A)2.C. ofthis rule regarding planning assumptions;

(X) Determining whether the pro-ject sponsor or the MPO has demonstratedthat the requirements of 40 CFR 93.118 aresatisfied without a particular mitigation orcontrol measure, as provided in 40 CFR93.125(d). This process shall be initiated bythe MPO and conducted in accordance withsubparagraph (3)(A)2.B. of this rule in thecontext of the transportation planning andTIP programming processes; and

(XI) Choosing conformity tests andmethodologies for isolated rural nonattain-ment and maintenance areas, as required by40 CFR 93.109(I)(2).

B. An interagency consultation pro-cess in accordance with paragraph (3)(A)2.of this rule involving the MPO, the regionalair quality advisory organization, the region-al transportation policy advisory committeeand the state air quality and transportationagencies for the following:



(I) Evaluating events which willtrigger new conformity determinations inaddition to those triggering events establishedin 40 CFR 93.104. This process shall be ini-tiated by the MPO and conducted in accor-dance with subparagraph (3)(A)2.C. of thisrule; and

(II) Consulting on emissions analy-sis for transportation activities which crossthe borders of the MPOs or nonattainment ormaintenance area or air basin. This processshall be initiated by the MPO and conductedin accordance with subparagraph (3)(A)2.B.of this rule.

C. Prior to establishing a metropolitanplanning area for transportation planning thatdoes not include the entire nonattainment ormaintenance area, the interagency consulta-tion process described in paragraph (3)(A)2.of this rule shall be supplemented by a formalmemorandum of agreement, incorporated inthe applicable state implementation plan, exe-cuted by the MPO and the state air quality andtransportation agencies for cooperative plan-ning and analysis. This executed memoran-dum of agreement shall specify procedures fordetermining conformity of all regionally sig-nificant transportation projects outside themetropolitan planning boundary for trans-portation planning and within the nonattain-ment or maintenance area.

(I) The interagency consultationprocess established by the executed memo-randum of agreement for such an area shallapply in addition to all other consultationrequirements.

(II) At a minimum, any memoran-dum of agreement establishing a state trans-portation planning area outside of the MPOmetropolitan planning area for transportationplanning, but within the nonattainment ormaintenance area, shall provide for state airquality agency concurrence in conformitydeterminations for areas outside of themetropolitan planning boundary for trans-portation planning, but within the nonattain-ment or maintenance area. Such agreementshall also establish a process involving theMPO and the state transportation agency incooperative planning and analysis for deter-mining conformity of all projects outside themetropolitan planning area for transportationplanning and within the nonattainment ormaintenance area in the context of the totalregional transportation system that serves thenonattainment or maintenance area.

D. An interagency consultation pro-cess shall be undertaken to ensure that plansfor construction of regionally significant pro-jects which are not FHWA/FTA projects(including projects for which alternative loca-tions, design concept and scope, or the no-

build option are still being considered),including those by recipients of funds desig-nated under Title 23 U.S.C. or Title 49U.S.C., are disclosed to the MPO on a regu-lar basis, and to ensure that any changes tothose plans are immediately disclosed. Thisprocess shall be initiated by the MPO andconducted in accordance with subparagraph(3)(A)2.B. of this rule in the context of thetransportation planning and TIP program-ming processes. At a minimum, the disclo-sure procedures shall meet the requirementsof parts (3)(A)2.D.(I)–(3)(A)2.D.(III) of thisrule.

(I) The sponsor of any such region-ally significant project, and any agency thatbecomes aware of any such project throughapplications for approval, permitting or fund-ing shall disclose such project to the MPO ina timely manner. Such disclosure shall bemade not later than the first occasion whenany of the following actions is sought: anypolicy board action necessary for the projectto proceed, the issuance of administrativepermits for the facility or for construction ofthe facility, the execution of a contract todesign or construct the facility, the executionof any indebtedness for the facility, any finalaction of a board, commission or administra-tor authorizing or directing employees to pro-ceed with design, permitting or constructionof the project, or the execution of any con-tract to design or construct or any approvalneeded for any facility that is dependent onthe completion of a regionally significant pro-ject. The sponsor of any potential regionallysignificant project shall disclose to the MPOeach project for which alternatives have beenidentified through the National Environment-al Policy Act (NEPA) process, and, in partic-ular, any preferred alternative that may be aregionally significant project. This informa-tion shall be provided to the MPO in accor-dance with the time sequence and proceduresestablished under subparagraph (3)(A)2.B. ofthis rule for each transportation planning andTIP development process.

(II) In the case of any such region-ally significant project that has not been dis-closed to the MPO and other agencies partic-ipating in the consultation process beforeaction is taken to adopt or approve, suchregionally significant project shall be deemednot to be included in the regional emissionsanalysis supporting the currently conformingTIP’s conformity determination and not to beconsistent with the motor vehicle emissionsbudget in the applicable implementation plan,for the purposes of 40 CFR 93.121.

(III) For the purposes of subpara-graph (3)(A)3.D. of this rule, the phrase“adopt or approve of a regionally significant

project” means the first time any action nec-essary to authorizing a project occurs, suchas any policy board action necessary for theproject to proceed, the issuance of adminis-trative permits for the facility or for con-struction of the facility, the execution of acontract to construct the facility, any finalaction of a board, commission or administra-tor authorizing or directing employees to pro-ceed with construction of the project, or anywritten decision or authorization from theMPO that the project may be adopted orapproved.

E. This interagency consultation pro-cess shall be undertaken in accordance withsubsection (3)(A) of this rule involving theMPO and other recipients of funds designat-ed under Title 23 U.S.C. or Title 49 U.S.C.for assuming the location and design conceptand scope of projects which are disclosed tothe MPO as required by subparagraph(3)(A)3.D. of this rule but whose sponsorshave not yet decided these features in suffi-cient detail to perform the regional emissionsanalysis according to the requirements of 40CFR 93.122. This process shall be initiatedby the MPO and conducted in accordancewith subparagraph (3)(A)2.C. of this rule asit relates to planning assumptions.

F. This interagency consultation pro-cess outlined in paragraph (3)(A)2. of thisrule involves the MPO, the regional trans-portation policy advisory committee, theregional air quality advisory organization,and the state transportation and air qualityagencies shall be undertaken for the design,schedule, and funding of research and datacollection efforts and regional transportationmodel development by the MPO (e.g., house-hold/travel transportation surveys). This pro-cess shall be initiated by the MPO and con-ducted in accordance with subparagraph(3)(A)2.C. of this rule as it relates to plan-ning assumptions.

G. This process insures providingfinal documents (including applicable imple-mentation plans and implementation planrevisions) and supporting information to eachagency after approval or adoption. This pro-cess is applicable to all agencies described insubparagraph (3)(A)1.A. of this rule, includ-ing federal agencies.

4. Resolving conflicts. A. Any conflict among state agencies

or between state agencies and the MPOregarding a final action on any conformitydetermination by the MPO on a plan or pro-gram subject to these consultation require-ments shall be escalated to the governor(s), ifthe conflict cannot be resolved by the headsof the involved agencies. Such agencies shallmake every effort to resolve any differences,


Secretary of State




including personal meetings between theheads of such agencies or their policy-levelrepresentatives, to the extent possible.

B. After the MPO has notified thestate air quality agencies in writing of the dis-position of all air quality agency commentson a proposed conformity determination,state air quality agencies shall have fourteen(14) calendar days from the date that the writ-ten notification is received to appeal suchproposed determination of conformity to thegovernor of Missouri. If the Missouri airquality agency appeals to the governor ofMissouri, the final conformity determinationwill automatically become contingent uponconcurrence of the governor of Missouri. Ifthe Kansas air quality agency presents anappeal to the governor of Missouri regardinga conflict involving both Kansas and Missouriagencies or the MPO, the final conformitydetermination will automatically becomecontingent upon concurrence of both the gov-ernor of Missouri and the governor ofKansas. The Missouri air quality agency shallprovide notice of any appeal under this sub-section to the MPO, and the state transporta-tion agencies, and the Kansas air qualityagency. If neither state air quality agencyappeals to the governor(s) within fourteen(14) days of receiving written notification,the MPO may proceed with the final confor-mity determination.

C. The governor may delegate therole of hearing any such appeal under thisparagraph and of deciding whether to concurin the conformity determination to anotherofficial or agency within the state, but not tothe head or staff of the state air quality agen-cy or any local air quality agency, the statedepartment of transportation, a state trans-portation commission or board, any agencythat has responsibility for only one (1) ofthese functions, or an MPO.

5. Public consultation procedures.Affected agencies making conformity deter-minations on transportation plans, programs,and projects shall establish a proactive publicinvolvement process which provides opportu-nity for public review and comment by, at aminimum, providing reasonable public accessto technical and policy information consid-ered by the agency at the beginning of thepublic comment period and prior to takingformal action on a conformity determinationfor all transportation plans and TIPs, consis-tent with these requirements and those of 23CFR 450.316(b). Any charges imposed forpublic inspection and copying should be con-sistent with the fee schedule contained in 49CFR 7.43. In addition, these agencies mustspecifically address in writing all public com-ments that known plans for a regionally sig-

nificant project which is not receiving FHWAor FTA funding or approval have not beenproperly reflected in the emissions analysissupporting a proposed conformity finding fora transportation plan or TIP. These agenciesshall also provide opportunity for publicinvolvement in conformity determinations forprojects where otherwise required by law.

(B) Requirement to Fulfill Commitmentsto Control Measures (Federal Code Location:40 CFR 93.122(a)(4)(ii)). Written commit-ments to control measures that are not includ-ed in the transportation plan and TIP must beobtained from the entity or entities withauthority and ability to implement the controlmeasures prior to a conformity determinationand such commitments must be fulfilled.

(C) Requirement to Fulfill Commitmentsto Mitigation Measures (Federal CodeLocation: 40 CFR 93.125(c)). Written com-mitments to project-level mitigation measureswhich are conditions for making conformitydeterminations for a transportation plan ortransportation improvement program must beobtained from the project sponsor prior to apositive conformity determination. Projectsponsors committing to mitigation measuresto facilitate positive conformity determina-tions must comply with such commitments.

(4) Reporting and Record Keeping. (NotApplicable)


AUTHORITY: section 643.050, RSMo 2000.*Original rule filed Oct. 4, 1994, effectiveMay 28, 1995. Amended: Filed May 1, 1996,effective Dec. 30, 1996. Amended: Filed June15, 1998, effective Jan. 30, 1999. Amended:Filed Feb. 14, 2003, effective Sept. 30, 2003.Amended: Filed April 1, 2005, effective Dec.30, 2005. Amended: Filed Oct. 24, 2006,effective July 30, 2007.


rules of department of natural resources · john r. ashcroft (6/30/13)* code of state regulations 1...

Documents