10 CSR — Department of Natural Resources

# 10 CSR — Department of Natural Resources

## **Division 1** Director's Office

### **Chapter 1** Organization

##### **10 CSR 1-1.010** General Organization {#sec-10-csr-1-1.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 1-1.010}

PURPOSE: This rule describes the organization of the Missouri Department of Natural Resources, as well as the general courses, methods, and procedures whereby the public may obtain information or make submissions or requests.

(1) The Missouri Department of Natural Resources (department) is managed by a director appointed by the governor, by and with the advice and consent of the senate.

(2) The department administers programs relating to environmental control and management of natural and cultural resources, as provided by the constitution, statute, regulation, and policy. The department accomplishes its mission through the Division of Administrative Support, Division of Environmental Quality, Missouri Geological Survey, and Division of State Parks.

(3) The following boards and commissions support and facilitate the department’s roles and responsibilities:

(A) Air Conservation Commission of the State of Missouri, created in section 643.040, (B) Clean Water Commission of the State of Missouri, created in section 644.021, (C) Dam and Reservoir Safety Council, created in section 236.410, RSMo;

(D) Hazardous Waste Management Commission of the State of Missouri, created in

section 260.365, RSMo;

(E) Missouri Advisory Council on Historic Preservation, created in section 253.412, (F) Missouri Mining Commission, created in section 444.520, RSMo;

(G) Safe Drinking Water Commission, created in section 640.100, RSMo;

(H) Small Business Compliance Advisory Committee, created in section 643.173, (I) State Oil and Gas Council, created in

section 259.010, RSMo;

(J) State Soil and Water Districts Commission, created in section 278.080, RSMo.

(K) Unmarked Human Burial Consultation Committee, created in section 194.409, RSMo; and (L) Well Installation Board, created in section 256.605, RSMo.

(4) Any member of the public may make submissions or requests to obtain information at the department’s central office, located at 1101 Riverside Drive, Jefferson City, MO 65101 or by telephone at 800-361-4827 or 573-751-3443. The department also maintains a webpage with information at: https://dnr.mo.gov. Requests for records under the Missouri Sunshine Law, Chapter 610, RSMo, can be made through the department’s webpage.

JOHNR. ASHCROFT(9/30/18)

**History**
- *AUTHORITY: sections 536.023 and 640.010, RSMo 2016. Original rule filed Feb. 28, 2018, effective Oct. 30, 2018. Original authority: 536.023, RSMo 1975, amended 1976, 1997, 2004 and 640.010, RSMo 1973, amended 1995, 2013.*

### **Chapter 2** Environmental Scholarships

##### **10 CSR 1-2.030** Minority and Underrepresented Scholarship Program NATURAL RESOURCES {#sec-10-csr-1-2.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 1-2.030}

##### **10 CSR 1-2.030** Minority and Underrepresented Scholarship Program {#sec-10-csr-1-2.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 1-2.030}

(Rescinded August 30, 2018)

1997. Original rule filed Dec. 15, 1997, effective Aug. 30, 1998. Rescinded: Filed Dec. 29, 2017, effective Aug. 30, 2018.

JOHNR. ASHCROFT(7/31/18)

**History**
- *AUTHORITY: section 640.240, RSMo Supp.*

### **Chapter 3** Consolidation of Permit Processing

##### **10 CSR 1-3.010** Consolidation of Permit Processing {#sec-10-csr-1-3.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 1-3.010}

PURPOSE: This rule provides for implementation of coordinated permitting for facilities which require multiple permits from the department. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is section 640.017, RSMo, which requires the department to promulgate rules to implement this section.

(1) Whenever a facility or activity requires more than one (1) environmental permit administered by the department, an applicant may request, or the department may offer, a unified permitting schedule that covers the timing and order to obtain such permits, as provided in section 640.017, RSMo. Upon agreement between the applicant and the department, the processing of permit applications would then be administered pursuant to that section.

JOHNR. ASHCROFT(1/29/19)

**History**
- *AUTHORITY: section 640.017, RSMo 2016. Original rule filed Sept. 24, 2009, effective May 30, 2010. Amended: Filed June 26, 2018, effective Feb. 28, 2019. Original authority: 640.017, RSMo 2008.*

## **Division 10** Air Conservation Commission

### **Chapter 1** Organization

##### **10 CSR 10-1.010** General Organization {#sec-10-csr-10-1.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-1.010}

PURPOSE: This rule provides a description of the organization and general methods and scope of operation of the Missouri Air Conservation Commission and the Air Pollution Control Program of the Missouri Department of Natural Resources and provides for public information and participation.

(1) Applicability. (Not Applicable)

(2) Definitions. (Not Applicable)

(3) General Provisions.

(A) Authorization. Chapter 643, RSMo.

(B) Organization and Operation.

1. Air Conservation Commission. The seven (7) member commission is the state’s governing body for the control, abatement, and prevention of air pollution (643.030 and 643.040, RSMo) having authority (643.050, 643.055, 643.225, and 643.305, RSMo) to— A. Adopt, promulgate, amend, and rescind rules;

B. Establish air quality control regions;

C. Require submission of relevant information;

D. Conduct and hold hearings upon appeals from orders, permit denials, and other actions of the director, settle compliance disputes at public hearings before the commission, or refer alleged violations to the county prosecutor or attorney general;

E. Develop facts, make investigations, and make orders and determinations;

F. Prepare and develop a comprehensive plan for the prevention, abatement, and control of air pollution, including emergency alert procedures;

G. Grant authority to political subdivisions to control air pollution;

H. Grant, modify, and revoke exceptions and variances to rules; and I. Suspend the order of rulemaking when necessary for public health, safety, and welfare prior to filing the final order of rulemaking.

2. Director. The director of the Department of Natural Resources, serving at the pleasure of the governor, or the director’s authorized representative, has the responsibility and the authority (643.060, RSMo) to— A. Employ staff and consultants as necessary to carry out the Missouri Air Conservation Law;

B. Accept, receive, and administer grants, gifts, or other funds from public and private agencies;

C. Receive, budget, and expend appropriated monies;

D. Arrange, notify, attend, and record all meetings of the Missouri Air Conservation Commission (MACC);

E. Investigate complaints, issue abatement orders, recommend that the MACC request legal action be taken by the attorney general under 643.090.2, RSMo, recommend legal action be taken by the attorney general under 643.090.2, RSMo, and enforce provisions of the Missouri Air Conservation Law;

F. Receive and act upon reports, plans, specifications, and permit applications submitted under rules promulgated by G. Receive and investigate petitions for variances and submit recommendations to H. Carry out the directions of MACC between meetings including conducting inspections and investigations, obtaining and assembling data, and preparing reports;

I. Submit revisions of the State Implementation Plan (SIP) to the United States Environmental Protection Agency (EPA) for approval; and J. Enact air pollution emergency alert procedures.

3. Staff director. The staff director of the Air Pollution Control Program of the Department of Natural Resources serves at the pleasure of the commission and handles the day-to-day matters, including all responsibilities delegated to the director’s authorized representative.

4. Air Pollution Control Program. The program is divided into five (5) sections with the main task descriptions listed below— A. The Fiscal and Budget Section— (I) Serves as human resource liaison and training coordinator;

(II) Oversees sunshine request responses and record management;

(III) Prepares annual program budget;

(IV) Coordinates proposed legislation and fiscal note responses at the department’s request;

(V) Processes all financial transactions for procurement, deposits, collections, and payroll;

(VI) Manages the cash accounts;

(VII) Administers grants; and (VIII) Maintains physical inventory and fixed assets;

B. The Compliance and Enforcement

Section— (I) Provides compliance assistance to regulated entities;

(II) Coordinates with and provides oversight of the regional offices and the local air pollution control agencies in matters of compliance and enforcement;

(III) Administers an asbestos program;

(IV) Administers a gasoline vapor recovery program;

(V) Administers a motor vehicle inspection/maintenance program;

(VI) Oversees source compliance testing;

(VII) Resolves violations through out-of-court settlements or orders with the assistance of the attorney general’s office or the department’s legal counsel;

(VIII) Requests approval from MACC for referral to the attorney general’s office for those violations in which a settlement was not achieved; and (IX) Provides technical reviews and recommendations for variance requests to C. The Air Quality Analysis Section— (I) Develops and quality-assures the point, area, and mobile source emission inventory for EPA National Emissions Inventory (NEI) submittal and program use;

(II) Coordinates with the Environmental Services Program and local air pollution control agencies when applicable on establishing and maintaining ambient air monitoring sites and collecting ambient air data;

(III) Develops and implements the annual Monitoring Network Plan and coordinates Ambient Air Monitoring Network Reviews;

(IV) Reviews and approves permit applicant ambient air quality monitoring Quality Assurance Project Plans (QAPPs);

(V) Conducts and provides emissions and ambient air quality analysis for other sections in the program;

(VI) Updates and maintains the program’s air quality monitoring, emissions, and other databases; and (VII) Develops risk assessment levels in support of the Title V program for review and approval by the Department of Health and Senior Services;

D. The Air Quality Planning Section— (I) Maintains state air rules and Missouri SIP for consistency with the latest federal and state requirements;

(II) Develops, tracks, and implements rulemakings for new rules, amendments to rules, and rescissions of rules;

(III) Develops, tracks, and implements SIP revisions;

(IV) Conducts air quality modeling to support rule and SIP actions;

(V) Implements public participation requirements of state and federal laws for rulemakings and SIP revisions;

(VI) Coordinates rulemakings and SIP actions with the secretary of state, EPA, other regulatory bodies, private industries, environmental interests, and other stakeholders; and (VII) Establishes mobile source emissions budgets and participates in interagency consultation processes in accordance with federal transportation conformity requirements to ensure transportation activities are consistent with air quality goals; and E. The Permits Section— (I) Receives, evaluates, and makes recommendations to the director to approve, approve with conditions, or deny applications for construction permits;

(II) Provides technical support to legal counsel for permits issued and appealed by an applicant or citizen;

(III) Reviews construction permits prepared by local air pollution control agencies;

(IV) Processes operating permit applications, amendments, and modifications in a timely manner according to the rules and requirements;

(V) Processes relocation notification for portable equipment; and (VI) Maintains the Missouri Clean Air Act Title V Program to ensure continued authorization of the program in Missouri.

(C) Public Information. The Air Pollution Control Program provides information to the public as follows:

1. Publish a notice in the Jefferson City, Missouri newspaper to provide information on how the public may review and provide comment on draft rule text and Regulatory Impact Reports for a period of at least sixty (60) days;

2. Post public hearing notices for rule and SIP actions at least thirty (30) days prior to public hearing on the Air Pollution Control Program’s website and send via email to established program distribution list that includes parties and other interested stakeholders. These notices provide information on timing of proposed MACC actions and how the public may participate in all rulemaking and SIP actions. Contact the Air Pollution Control Program Air Quality Planning

Section Chief to be added to the email distribution list;

3. Publish in the Missouri Register— A. Proposed rule actions at least thirty (30) days prior to a public hearing; and B. Final rule actions adopted by MACC with recognition of public hearing comments;

4. Provide construction and operating permit notices as described in 10 CSR 10- 6.060 Construction Permits Required and 10 CSR 10-6.065 Operating Permits;

5. Present revisions to department-supplied forms to the regulated community for a thirty (30)-day comment period. Shorter duration comment periods are used in instances where form changes are non-mandatory such as typographical errors, spelling corrections, or adding non-mandatory reference information; and 6. Make all records retained for or by the Air Pollution Control Program available for public inspection and copying by any person, except for records which are designated as confidential under Missouri law.

(D) Reorganization of 1974. The Omnibus Reorganization Act of 1974 transferred the Air Conservation Commission and its functions (Chapter 643, RSMo) by Type II transfer.

Under this act, the position of executive secretary was abolished and the director of the Department of Natural Resources assumed the responsibilities delegated to the executive secretary by 643.060, RSMo. The position of staff director was created to provide the dayto-day operation of the Air Pollution Control Program and the Air Pollution Control Program staff was transferred to the Department of Natural Resources (DNR). The director of DNR, the staff director of the Air Pollution Control Program, and the program staff enforce the rules and implement the policy of the Air Conservation Commission.

(4) Reporting and Record Keeping. (Not Applicable)

(5) Test Methods. (Not Applicable)

Rescinded and readopted: Filed May 13, 1982, effective Oct. 11, 1982. Amended:

Filed April 2, 1987, effective Aug. 27, 1987.

Amended: Filed May 12, 1998, effective Dec. 30, 1998. Amended: Filed Oct. 2, 2012, effective July 30, 2013. Amended: Filed March 27, 2018, effective Nov. 30, 2018. *Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011; 643.055, RSMo 1979, amended 1992, 1994, 2014; and 643.225, RSMo 1989, amended 2011, 2012.

**History**
- *AUTHORITY: sections 643.050, 643.055, and 643.225, RSMo 2016. Original rule filed May 12, 1976, effective Oct. 11, 1976.*

##### **10 CSR 10-1.020** Commission Voting and Meeting Procedures {#sec-10-csr-10-1.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-1.020}

PURPOSE: This rule establishes voting and meeting procedures that must be followed by commission members when considering air pollution control rules, variances, appeals or orders, determinations and placing items before the commission by the public.

(1) Prior to discussion and/or vote on any

rule, variance, appeal or order, all members of the Missouri Air Conservation Commission shall disclose when they— (A) May have a conflict of interest as defined under sections 105.450–105.482, RSMo;

(B) Hold an official or contractual relationship with the person seeking a variance or appeal or the person subject to an order at issue under the Missouri Air Conservation Law, Chapter 643, RSMo; or (C) Under license or permit, render directly or through business or supervisory relationship, service similar to the person seeking a variance or appeal or the person who is subject to an order at issue under the Missouri Air Conservation Law.

(2) The member shall be excluded from voting on the matter at issue unless such member fully advises the commission of the interest and receives a determination from the commission that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the state expects from commission members. Fully advises means explains in detail in a signed, written statement available for public inspection.

(3) When one (1) or more exclusions from voting or other abstentions by vote or by absence results in the lack of a quorum, the commission will delay its final decision until a simple majority of commissioners who are eligible to vote are present.

(4) If a quorum is not present at public hearings for rulemaking and it is necessary to delay the public hearing due to the lack of a quorum, the department shall— (A) Issue a news release announcing the new time, date and location of the public hearing; and (B) Include in that news release the new submittal date for written public comments.

(5) Voting procedures governing hearings and other administrative actions are in section 643.070, Chapter 536 and sections 610.010– 610.028, RSMo.

(6) The following shall apply in regard to commission meetings:

(A) The commission holds at least nine (9)

4CODE OF STATE REGULATIONS

(10/31/18) JOHNR. ASHCROFT regular meetings each year and additional meetings as the chairperson deems necessary or desirable at a place and time which is fixed by the chairperson.

(B) Special meetings may be called by three (3) members of the commission upon delivery of written notice to each member of the commission.

(C) The public may request that an item be brought before the commission by submitting a written request to the attention of the Staff Director of the Air Pollution Control Program at the following address: Missouri Department of Natural Resources, P.O. Box 176, Jefferson City, MO 65102-0176. Such requests should be received no less than fourteen (14) days before the commission meeting and may be considered as “other business,” or placed on the agenda as a separate item. At the discretion of the commission chairperson items may be added to the agenda less than fourteen (14) days prior to the commission meeting but in no case less than twenty-four (24) hours prior to the commission meeting.

1997. Original rule filed Nov. 7, 1997, effective July 30, 1998. *Original authority 1965, amended 1972, 1992, 1993, 1995.

**History**
- *AUTHORITY: section 643.050, RSMo Supp.*

##### **10 CSR 10-1.030** Air Conservation Commission Appeals and Requests for Hearings {#sec-10-csr-10-1.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-1.030}

PURPOSE: This rule contains all procedural regulations for all contested cases heard by the commission or assigned to a hearing officer by the commission.

(1) Subject. This rule contains procedural regulations for all contested cases before the commission.

(2) Definitions. As used in this rule, the following terms mean:

(A) Commission—The Missouri Air Conservation Commission;

(B) Department—The Department of Natural Resources, which includes the director thereof, or the person or division or program within the department delegated the authority to render the decision, order, determination, finding, or other action that is subject to review by the commission;

(C) Hearing—Any presentation to, or consideration by the hearing officer of evidence or argument on a petition seeking the commission’s review of an action by the department;

(D) Hearing officer—Administrative Hearing Commission; and (E) Person—An individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision or any agency, board, department or bureau of the state or federal government or any other legal entity whatever, which is recognized by law as the subject of rights and duties.

(3) Filing an Appeal or Requesting a Hearing.

(A) Any person adversely affected by a decision of the department or otherwise entitled to ask for a hearing may appeal to have the matter heard by filing a petition with the Administrative Hearing Commission within thirty (30) days after the date the decision was mailed or the date it was delivered, whichever date was earlier.

(B) A petition sent by registered mail or certified mail will be deemed filed on the date it is mailed. If it is sent by any method other than registered mail or certified mail, it will be deemed filed on the date it is received by the Administrative Hearing Commission.

(4) Procedures.

(A) The hearing shall be conducted in accordance with the provisions of Chapter 536, RSMo, and the regulations of the Administrative Hearing Commission promulgated thereunder.

(B) Upon receipt of the hearing officer’s recommendation and the record in the case, the commission shall— 1. Distribute the hearing officer’s recommendation to the parties or their counsel;

2. Allow the parties or their counsel an opportunity to submit written arguments regarding the recommendation;

3. Allow the parties or their counsel an opportunity to present oral arguments before the commission makes the final determination;

4. Complete its review of the record and deliberations as soon as practicable;

5. Deliberate and vote upon a final, written determination during an open meeting, except that the commission may confer with its counsel in closed session with respect to legal questions;

6. Issue its final, written determination as soon as practicable, including findings of fact and conclusions of law. The decision of the commission shall be based only on the facts and evidence in the record; and 7. The commission may adopt the recommended decision of the hearing officer as its final decision. The commission may change a finding of fact or conclusion of law made by the hearing officer, or may vacate or modify the recommended decision, only if the commission states in writing the specific reason for a change.

**History**
- *AUTHORITY: section 643.050, RSMo 2000. Original rule filed May 12, 2005, effective Jan. 30, 2006. Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995.*

### **Chapter 2** Air Quality Standards and Air Pollution Control Rules Specific to the Kansas City Metropolitan Area

##### **10 CSR 10-2.030** Restriction of Emission of Particulate Matter From Industrial Processes {#sec-10-csr-10-2.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.030}

##### **10 CSR 10-2.040** Maximum Allowable Emission of Particulate Matter From Fuel Burning {#sec-10-csr-10-2.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.040}

##### **10 CSR 10-2.050** Preventing Particulate Matter From Becoming Airborne {#sec-10-csr-10-2.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.050}

##### **10 CSR 10-2.060** Restriction of Emission of Visible Air Contaminants {#sec-10-csr-10-2.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.060}

##### **10 CSR 10-2.080** Emission of Visible Air Contaminants From Internal Combustion Engines {#sec-10-csr-10-2.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.080}

##### **10 CSR 10-2.170** Rules for Controlling Emissions During Periods of High Air (8/31/20) JOHN R. ASHCROFT {#sec-10-csr-10-2.170 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.170}

##### **10 CSR 10-2.200** Restriction of Emission of Sulfur Compounds {#sec-10-csr-10-2.200 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.200}

##### **10 CSR 10-2.215** Control of Emissions From Solvent Cleanup Operations {#sec-10-csr-10-2.215 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.215}

##### **10 CSR 10-2.240** Restriction of Emissions of Volatile Organic Compounds {#sec-10-csr-10-2.240 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.240}

##### **10 CSR 10-2.250** Control of Volatile Leaks From Petroleum Refinery {#sec-10-csr-10-2.250 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.250}

##### **10 CSR 10-2.260** Control of Emissions During Petroleum Liquid Storage, Loading, and Transfer..16 {#sec-10-csr-10-2.260 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.260}

##### **10 CSR 10-2.270** Restriction of Emissions From Catalytic Cracking Units {#sec-10-csr-10-2.270 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.270}

##### **10 CSR 10-2.280** Control of Emissions From Perchloroethylene {#sec-10-csr-10-2.280 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.280}

##### **10 CSR 10-2.290** Control of Emissions From Rotogravure and Flexographic {#sec-10-csr-10-2.290 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.290}

##### **10 CSR 10-2.300** Control of Emissions From the Manufacturing of Paints, Varnishes, Lacquers, {#sec-10-csr-10-2.300 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.300}

##### **10 CSR 10-2.310** Control of Emissions From the Application of Automotive {#sec-10-csr-10-2.310 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.310}

##### **10 CSR 10-2.390** Kansas City Area Transportation Conformity Requirements NATURAL RESOURCES Commission Air Pollution Control Rules Specific to the Kansas City Metropolitan Area {#sec-10-csr-10-2.390 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.390}

##### **10 CSR 10-2.010** Ambient Air Quality Standards {#sec-10-csr-10-2.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.010}

(Rescinded February 11, 1978)

Jan. 5, 1969. Amended: Filed March 26, Filed Sept. 1, 1977, effective Feb. 11, 1978.

**History**
- *AUTHORITY: section 203.050, RSMo 1969.*

##### **10 CSR 10-2.020** Definitions {#sec-10-csr-10-2.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.020}

(Rescinded February 11, 1978)

Jan. 5, 1969. Amended: Filed March 26, Filed Sept. 1, 1977, effective Feb. 11, 1978.

**History**
- *AUTHORITY: section 203.050, RSMo 1969.*

##### **10 CSR 10-2.030** Restriction of Emission of Particulate Matter From Industrial Processes {#sec-10-csr-10-2.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.030}

(Rescinded March 30, 2001)

Jan. 5, 1969. Amended: Filed June 30, 1975, effective July 9, 1975. Amended: Filed March 15, 1979, effective Nov. 11, 1979. Amended:

Filed July 16, 1979 effective Feb. 11, 1980.

Amended: Filed Oct. 13, 1983, effective March 12, 1984. Rescinded: Filed Aug. 4, 2000, effective March 30, 2001.

Op. Atty. Gen. No. 331, Shell, 11-15-71. 1969 and the Constitution of Missouri to enforce without delay the provisions of

Chapter 203, RSMo 1969 and standards and regulations, through administrative procedures and injunctive relief.

##### **10 CSR 10-2.040** Maximum Allowable Emission of Particulate Matter From Fuel Burning Equipment Used for Indirect Heating {#sec-10-csr-10-2.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.040}

(Rescinded October 30, 2011)

Jan. 5, 1969. Amended: Filed March 2, 1972, effective March 12, 1972. Rescinded and readopted: Filed Aug. 11, 1978, effective Feb. 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 Particulate Matter From Becoming Airborne {#sec-10-csr-10-2.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.050}

(Rescinded September 28, 1990)

Jan. 5, 1969. Amended: Filed Dec. 27, 1971, effective Jan. 6, 1972. Amended: Filed June 30, 1975, effective July 9, 1975. Amended:

Filed May 11, 1984, effective Oct. 11, 1984.

Rescinded: Filed March 5, 1990, effective Sept. 28, 1990.

##### **10 CSR 10-2.060** Restriction of Emission of Visible Air Contaminants {#sec-10-csr-10-2.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.060}

(Rescinded May 30, 2000)

Jan. 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, effective May 30, 2000.

##### **10 CSR 10-2.070** Restriction of Emission of Odors {#sec-10-csr-10-2.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.070}

(Rescinded November 30, 2010)

Jan. 5, 1969. Amended: Filed March 26, 1970, effective April 5, 1970. Amended: Filed Aug. 15, 1983, effective Jan. 13, 1984.

Amended: Filed Nov. 2, 1998, effective July 30, 1999. Amended: Filed Feb. 14, 2003, effective Sept. 30, 2003. Amended: Filed Dec. 4, 2006, effective July 30, 2007.

Rescinded: Filed April 14, 2010, effective Nov. 30, 2010.

**History**
- *AUTHORITY: section 643.050, RSMo 2000.*

##### **10 CSR 10-2.080** Emission of Visible Air Contaminants From Internal Combustion Engines {#sec-10-csr-10-2.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.080}

(Rescinded November 30, 2002)

Jan. 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 to inspect for “air pollution control devices” which may be installed on motor vehicles as a requirement to comply with applicable emission regulations but whether regulations and inspections would accomplish the purpose of “enforcing compliance with applicable emission standards” which are federal standards and whether the preemption provision of 42 USCA, Section 1857f-6a has been complied with are questions that only the appropriate federal officials can answer. The Missouri Air Conservation Commission has the authority under Chapter 203, RSMo (1969) to adopt emission control regulations, including limitations on the content of fuels, which will attain and maintain national air quality standards, if the state standards are the same or more stringent.

##### **10 CSR 10-2.090** Incinerators {#sec-10-csr-10-2.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.090}

(Rescinded December 9, 1991)

Jan. 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, effective Dec. 9, 1991.

##### **10 CSR 10-2.100** Open Burning Restrictions {#sec-10-csr-10-2.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.100}

(Rescinded January 30, 2008)

Jan. 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: Filed June 7, 2007, effective Jan. 30, 2008.

##### **10 CSR 10-2.110** Approval of Planned Installations Required {#sec-10-csr-10-2.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.110}

(Rescinded April 11, 1980)

Jan. 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, effective April 11, 1980.

Op. Atty. Gen. No. 218, Shell, 8-21-73. The Missouri Air Conservation Commission does not have the authority under Chapter 203, RSMo to prevent the construction of “complex sources” when it is determined that such sources may indirectly cause ambient air quality standards to be violated.

Op. Atty. Gen. No. 331, Shell, 11-15-71.

(1969) to provide for the equivalent of a construction permit system by promulgating regulations to require the submission of plans and specifications for approval before any person may construct any facility which will cause air pollution, but that the commission has no such authority regarding an equivalent permit system for the operation of existing facilities which are the source of air pollution.

##### **10 CSR 10-2.120** Measurement of Emissions of Air Contaminants {#sec-10-csr-10-2.120 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.120}

(Rescinded April 9, 1992)

Jan. 5, 1969. Rescinded: Filed Oct. 15, 1991, effective April 9, 1992.

##### **10 CSR 10-2.130** Submission of Emission Information {#sec-10-csr-10-2.130 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.130}

(Rescinded November 12, 1984)

Jan. 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. does not have any specific authority to require the installation of emission monitoring devices, but does have the authority to require reports from sources of air pollution relating to rate, period of emission and composition of effluent and to make such information available to the public, unless any such information is “confidential” as defined by

section 203.050.4, RSMo (1969).

##### **10 CSR 10-2.140** Circumvention {#sec-10-csr-10-2.140 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.140}

(Rescinded September 28, 1990)

Jan. 5, 1969. Rescinded: Filed April 18, 1990, Sept. 28, 1990.

**History**
- *AUTHORITY: section 203.050, RSMO 1986.*

##### **10 CSR 10-2.150** Time Schedule for Compliance {#sec-10-csr-10-2.150 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.150}

(Rescinded December 30, 2008)

Jan. 5, 1969. Amended: Filed March 26, Filed April 17, 2008, effective Dec. 30, 2008.

##### **10 CSR 10-2.160** Restriction of Emission of Sulfur Compounds {#sec-10-csr-10-2.160 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.160}

(Rescinded July 30, 1997)

Original rule filed March 24, 1971, effective April 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 Controlling Emissions During Periods of High Air Pollution Potential {#sec-10-csr-10-2.170 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.170}

(Rescinded October 11, 1984)

Original rule filed March 24, 1971, effective April 3, 1971. Amended: Filed Dec. 27, 1971, effective Jan. 6, 1972. Rescinded:

Filed May 11, 1984, effective Oct. 11, 1984.

**History**
- *AUTHORITY; section 203.050, RSMo 1978.*

##### **10 CSR 10-2.180** Public Availability of Emission Data {#sec-10-csr-10-2.180 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.180}

(Rescinded November 12, 1984)

Original rule 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. does not have any specific authority to require the installation of emission monitoring devices, but does have the authority to require reports from sources of air pollution relating to rate, period of emission and composition of effluent and to make such information available to the public, unless any such information is “confidential” as defined in

section 203.050.4, RSMo 1969.

##### **10 CSR 10-2.190** New Source Performance Regulations {#sec-10-csr-10-2.190 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.190}

(Rescinded April 11, 1980)

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. 1969 to adopt emission control regulations, including limitations on the content of fuels, which will attain and maintain national air quality standards, if the state standards are the same or more stringent.

##### **10 CSR 10-2.200** Restriction of Emission of Sulfur Compounds From Indirect Heating Sources {#sec-10-csr-10-2.200 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.200}

(Rescinded July 30, 1997)

Original rule filed Oct. 14, 1977, effective March 11, 1978. Rescinded: Filed Dec. 13, 1996, effective July 30, 1997.

##### **10 CSR 10-2.205** Control of Emissions From Aerospace Manufacture and Rework Facilities {#sec-10-csr-10-2.205 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.205}

PURPOSE:

This rule will reduce volatile organic com pound emissions from aerospace manufacture and/or rework facilities located in the Kansas City ozone maintenance area.

This rule is required to comply with the Clean Air Act Amendments of 1990. entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive.

This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no This note applies only to the reference material. The entire text of the rule is printed here.

(1) Applicability.

(A) This rule applies throughout Platte, Clay, and Jackson Counties.

(B) The requirements of this rule apply to all aerospace manufacture and/or rework facilities with potential emissions of volatile organic compounds (VOC) exceeding twentyfive (25) tons per year.

(2) Definitions.

(A) Specialty coating definitions in 40 CFR 63 Subpart GG, Appendix A, promulgated as of July 1, 2018, with the exception of “mold release” and “caulking and smooth ing compound,” apply and are hereby incorporated by reference in this rule, as published by the Office of Federal Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street NW, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions. The following two (2) definitions, as defined below, shall be used for this rule:

1. Mold release—A coating applied to a mold surface to prevent the mold piece from sticking to the mold as it is removed, or to an aerospace component for purposes of creating a form-in-place seal; and 2. Caulking and smoothing compound— A semi-solid material that is used to aerodynamically smooth exterior vehicle surfaces or fill cavities such as bolt hole accesses, excluding materials that can be classified as a sealant.

(B) Aerospace manufacture and/or rework facility—Any installation that produces, reworks, or repairs in any amount any commercial, civil, or military aerospace vehicle or component.

(C) Aerospace vehicle or component—Any fabricated part, processed part, assembly of parts, or completed unit, with the exception of electronic components, of any aircraft including, but not limited to, airplanes, helicopters, missiles, rockets, and space vehicles.

(D) Antique aerospace vehicle or component—An aircraft or component thereof that was built at least thirty (30) years ago. An antique aerospace vehicle would not routinely be in commercial or military service in the capacity for which it was designed.

(E)

Aqueous solvent—A cleaning solution in which water is the primary ingredient (greater than eighty percent (80%) by weight of cleaning solvent solution as applied must be water). Detergents, surfactants, and bioenzyme mixtures and nutrients may be combined with the water along with a variety of additives such as organic solvents (e.g. high boiling point alcohols), builders, saponifiers, inhibitors, emulsifiers, pH buffers, and antifoaming agents. Aqueous solutions must have a flash point greater than ninety-three degrees Celsius (93 °C) (two hundred degrees Fahrenheit (200 °F)) (as reported by the manufacturer) and the solution must be miscible with water.

(F) Chemical milling maskants—A coating that is applied directly to aluminum components to protect surface areas when chemical milling the component with a Type I or Type II etchant. Type I chemical milling maskants are used with a Type I etchant and Type II chemical milling maskants are used with a Type II etchant. This definition does not include bonding maskants, critical use and line sealer maskants, and seal coat maskants.

Maskants that must be used with a combination of Type I or Type II etchants and any of the above types of maskants (i.e., bonding, critical use and line sealer, and seal coat) are also not included in this definition.

(G) Energized electrical systems—Any alternating current (AC) or direct current (DC) electrical circuit on an assembled aircraft once electrical power is connected, including interior passenger and cargo areas, wheel wells, and tail sections.

(H) Flush cleaning—The removal of contaminants such as dirt, grease, and coatings from an aerospace vehicle or component or coating equipment by passing solvent over, into, or through the item being cleaned. The solvent may simply be poured into the item cleaned and then drained, or be assisted by air, compressed gas, hydraulic pressure, or by pumping. Spray gun cleaning or hand-wipe cleaning operations where wiping, scrubbing, mopping, or other hand actions are used are not included in this definition.

(I) General aviation—Segment of civil aviation that encompasses all facets of aviation except air carriers, commuters, and military.

General aviation includes charter and corporate-executive transportation, instruction, rental, aerial application, aerial observation, business, pleasure, and other special uses.

(J) General aviation rework facility—Any aerospace installation with the majority of its revenues resulting from the reconstruction, repair, maintenance, repainting, conversion, or alteration of general aviation aerospace vehicles or components.

(K) High volume low pressure (HVLP) spray equipment—Spray equipment used to apply coating by means of spray gun that operates at ten pounds per square inch gauge (10 psig) of atomizing air pressure or less at the air cap.

(L) Low vapor pressure hydrocarbon-based cleaning solvent—A cleaning solvent that is composed of a mixture of photochemically reactive hydrocarbons and oxygenated hydrocarbons and has a maximum vapor pressure of seven millimeters of mercury (7 mmHg) at twenty degrees Celsius (20 °C). These cleaners must not contain hazardous air pollutants.

(M) Primer—The first layer and any subsequent layers of identically formulated coating applied to the article to provide corrosion resistance, surface etching, surface leveling, adhesion promotion, or other property depending on the end use or exposure of the final product. Primers that are defined as specialty coatings are not included under this definition.

(N) Self-priming topcoat—A topcoat that is applied directly to a vehicle or component for purposes of corrosion prevention, environmental protection, and function fluid resistance. More than one (1) layer of identical coating formulation may be applied to the vehicle or component.

(O) Semi-aqueous cleaning solvent—A solution in which water is a primary ingredient (greater than sixty percent (60%) by weight of the solvent solution as applied must be water).

(P) Specialty coating—A coating that, even though it meets the definition of a primer, topcoat, or self-priming topcoat, has additional performance criteria beyond those of primers, topcoats, and self-priming topcoats for specific applications. These performance criteria may include, but are not limited to, temperature or fire resistance, substrate compatibility, antireflection, temporary protection or marking, sealing, adhesively joining substrates, or enhanced corrosion protection.

(Q) Topcoat—A coating that is applied over a primer on an aerospace vehicle or component for appearance, identification, camouflage, or protection. Topcoats that are defined as specialty coatings are not included under this definition.

(R) Touch-up and repair operation—That portion of the coating operation that is the incidental application of finishing materials used to cover minor imperfections in the coating finish or to achieve complete coverage. This definition includes out-of-sequence or out-of-cycle coating.

(S) Type I etchant—A chemical milling etchant that contains varying amounts of dissolved sulfur and does not contain amines.

(T) Type II etchant—A chemical milling etchant that is a strong sodium hydroxide solution containing amines.

(U) Waterborne (water-reducible) coating—Any coating that contains more than five percent (5%) water by weight as applied in its volatile fraction.

(V) Definitions of certain terms specified (3) General Provisions.

(A) No person shall cause, permit, or allow the emissions of VOC from the coating of aerospace vehicles or components to exceed— 1. 2.9 pounds per gallon (350 grams per solvents delivered to a coating applicator that applies primers. For general aviation rework facilities, the VOC limitation shall be 4.5 pounds per gallon of coating, excluding water and exempt solvents, delivered to a coating applicator that applies primers;

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

3. The VOC content limits listed in Table I expressed in pounds per gallon of coating, excluding water and exempt solvents delivered to a coating applicator that applies specialty coatings;

4. 5.2 pounds per gallon (620 grams per applies Type I chemical milling maskant; and 5. 1.3 pounds per gallon (150 grams per applies 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 coating technology where each and every coating meets the specified applicable limitation expressed in pounds of VOC per gallon of coating, excluding water and exempt solvents, stated in subsection (3)(A) of this rule;

2. The application of low solvent coating technology where the monthly volumeweighted average VOC content of each specified coating type meets the specified applicable limitation expressed in pounds of VOC per gallon of coating, excluding water and exempt solvents, stated in subsection (3)(A) of this rule; averaging is not allowed for specialty coatings, and averaging is not allowed between primers, topcoats (including selfpriming topcoats), Type I milling maskants, and Type II milling maskants or any combination of the above coating categories; or 3. Control equipment, including but not limited to incineration, carbon adsorption and condensation, with a capture system approved by the director, provided that the owner or operator demonstrates, in accordance with subsection (5)(C), that the control system has a VOC reduction efficiency of eighty-one percent (81%) or greater.

(C) Each owner or operator of an ation shall apply all non-exempt primers and topcoats using one (1) or more of the application 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; or 9. Other coating application methods that achieve emission reductions equivalent to HVLP or electrostatic spray application methods, as determined by the director.

(D) Each owner or operator of an ation shall ensure that all application devices used to apply primers and topcoats (including self-priming topcoats) are operated according to company procedures, local specified operating procedures, and/or the manufacturer’s specifications, whichever is most stringent, at all times. Equipment modified by the owner or operator shall maintain a transfer efficiency equivalent to HVLP or electrostatic spray application techniques.

(E) Each owner or operator of an ation shall comply with the following housekeeping requirements for any affected cleaning operation, unless the cleaning solvent used is an aqueous solvent, low vapor pressure hydrocarbon-based cleaning solvent, or contains less than one percent (1%) VOC by weight. Hazardous waste under regulation 10 CSR 25-4.261 that is subject to the hazardous waste generators standards of 10 CSR 25- 5.262 or the solvent wipe conditional exclusion requirements of 40 CFR 261.4(a)(26) or (b)(18), as incorporated in 10 CSR 25-4.261, is exempt from the requirements of paragraphs (3)(E)1. through (3)(E)3. below:

1. Solvent-laden cloth, paper, or any other absorbent applicators used for cleaning shall be placed in bags or other closed containers upon completing their use. These bags and containers must be kept closed at all times except when depositing or removing these materials from the container. The bags and containers used must be of such a design so as to contain the vapors of the cleaning solvent. Cotton-tipped swabs used for very small cleaning operations are exempt from this requirement;

2. All fresh and spent cleaning solvents, except semi-aqueous solvent cleaners, used in aerospace cleaning operations shall be stored in closed containers; and 3. The handling and transfer of cleaning solvent to or from enclosed systems, vats, waste containers, and other cleaning operation equipment that hold or store fresh or spent cleaning solvents shall be conducted in such a manner that spills are minimized.

(F) Each owner or operator of an ation utilizing hand-wipe cleaning operations excluding the cleaning of spray gun equipment performed in accordance with subsection (3)(G) shall comply with one (1) of the 1. Utilize cleaning solvent solutions that are classified as an aqueous solvent and/or a low vapor pressure hydrocar bon-based cleaning solvent; or 2. Utilize cleaning solvent solutions that have a composite vapor pressure of forty-five (45) mmHg or less at twenty degrees Celsius (20 °C).

(G) Each owner or operator of an ation shall clean all spray guns used in the application of primers, topcoats (including self-priming topcoats), and specialty coatings utilizing one (1) or more of the following techniques:

1. Enclosed system. Clean spray guns within an enclosed system that is closed at all times except when inserting or removing the spray gun. If leaks in the system are found, repairs shall be made as soon as practicable, but no later than fifteen (15) days after the leak was found. If the leak is not repaired by the fifteenth day after detection, the cleaning solvent shall be removed and the enclosed cleaner shall be shut down until the leak is repaired or its use is permanently discontinued;

2. Nonatomized cleaning. Clean spray guns by placing cleaning solvent in the pressure pot and forcing it through the gun with the atomizing cap in place. No atomizing air is to be used. The cleaning solvent from the spray gun shall be directed into a vat, drum, or other waste container that is closed when not in use;

3. Disassembled spray gun cleaning.

Clean spray guns by disassembling and cleaning the components by hand in a vat, which shall remain closed at all times except when in use. Alternatively, the components may be soaked in a vat, which shall remain closed during the soaking period and when not inserting or removing components; and 4. Atomizing cleaning. Clean spray guns by forcing the cleaning solvent through the gun and directing the resulting atomized spray into a waste container that is fitted with a device designed to capture the atomized cleaning solvent emissions.

(H) Each owner or operator of an ation that includes a flush cleaning operation shall empty the used cleaning solvents each time aerospace parts or assemblies, or components of a coating unit with the exception of spray guns are flush-cleaned into an enclosed container or collection system that is kept closed when not in use or into a system with equivalent emission control approved by the director. Aqueous, semiaqueous, low vapor pressure hydrocarbonbased solvent materials, and all wastes that are determined to be hazardous waste under

regulation 10 CSR 25-4.261 and that are subject to the hazardous waste generators standards of 10 CSR 25-5.262 are exempt from the requirements of this subsection.

(I) The following activities are exempt from this section:

1. Research and development;

2. Quality control;

3. Laboratory testing activities;

4. Chemical milling;

5. Metal finishing;

6. Electrodeposition except for the electrodeposition of paints;

7. Composites processing except for cleaning and coating of composite parts or components that become part of an aerospace vehicle or component as well as composite tooling that comes in contact with such composite parts or components prior to cure;

8. Electronic parts and assemblies except for cleaning and topcoating of completed assemblies;

9. Manufacture of aircraft transparencies;

10. Wastewater treatment operations;

11. Manufacturing and rework of parts and assemblies not critical to the vehicle’s structural integrity or flight performance;

12. Regulated activities associated with space vehicles designed to travel beyond the limit of the earth’s atmosphere, including but not limited to satellites, space stations, and the space shuttle;

13. Utilization of primers, topcoats, specialty coatings, cleaning solvents, chemical milling maskants, and strippers containing VOC at concentrations less than 0.1 percent for carcinogens or 1.0 percent for noncarcinogens;

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

15. Maintenance and rework of antique aerospace vehicles and components; and 16. Rework of aircraft or aircraft components if the holder of the Federal Aviation Administration design approval, or the holder’s licensee, is not actively manufacturing the aircraft or aircraft components.

(J) The requirements for primers, topcoats, specialty coatings, and chemical milling maskants specified in subsection (3)(A) of this rule do not apply to the use of low-volume coatings in these categories for which the rolling twelve (12)-month total of each separate formulation used at an installation does not exceed fifty (50) gallons, and the combined rolling twelve (12)-month total of all such primers, topcoats, specialty coatings, and chemical milling maskants used does not exceed two hundred (200) gallons. Coatings exempted under subsection (3)(I) of this rule are not included in the fifty (50)- and two hundred (200)-gallon limits.

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

1. Any situation that normally requires the use of an airbrush or an extension on the spray gun to properly reach limited access spaces;

2. The application of any specialty coating;

3. The application of coatings that contain fillers that adversely affect atomization with HVLP spray guns and that cannot be applied by any of the application methods specified in subsection (3)(C) of this rule;

4. The application of coatings that normally have dried film thickness of less than 0.0013 centimeter (0.0005 in.) and that cannot be applied by any of the application methods specified in subsection (3)(C) of this

rule;

5. The use of airbrush application methods for stenciling, lettering, and other identification markings;

6. The use of hand-held spray can application 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 testing of components of breathing oxygen systems that are exposed to the breathing oxygen;

2. Cleaning during the manufacture, assembly, installation, maintenance, or testing of parts, subassemblies, or assemblies that are exposed to strong oxidizers or reducers (e.g., nitrogen tetroxide, liquid oxygen, or hydrazine);

3. Cleaning and surface activation prior to adhesive bonding;

4. Cleaning of electronic parts and assemblies containing electronic parts;

5. Cleaning of aircraft and ground support equipment fluid systems that are exposed to the fluid including air-to-air heat exchangers and hydraulic fluid systems;

6. Cleaning of fuel cells, fuel tanks, and confined spaces;

7. Surface cleaning of solar cells, coating optics, and thermal control surfaces;

8. Cleaning during fabrication, assembly, installation, and maintenance of upholstery, curtains, carpet, and other textile materials used in the interior of the aircraft;

9. Cleaning of metallic and non-metallic materials used in honeycomb cores during the manufacture or maintenance of these cores, and cleaning of the completed cores used in the manufacture or maintenance of aerospace vehicles or components;

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

11. Cleaning and solvent usage associated with research and development, quality control, and laboratory testing;

12. Cleaning operations, using nonflammable liquids, conducted within five feet (5') of energized electrical systems; and 13. Cleaning operations identified as essential uses in 40 CFR 82.4 for which the U.S. Environmental Protection Agency has allocated essential use allowances or exemptions.

(4) Reporting and Record Keeping.

(A) Monitoring Requirements—Each owner or operator of an aerospace manufacturing and/or rework operation shall submit a monitoring plan to the director that specifies the applicable operating parameter value, or range of values, to ensure ongoing compliance with paragraph (3)(B)3. of this rule.

Any monitoring device, required by the monitoring plan, shall be installed, calibrated, operated, and maintained in accordance with the manufacturer’s specifications.

(B) Record Keeping Requirements.

1. Each owner or operator of an aerospace manufacture and/or rework operation that applies coatings listed in subsection (3)(A) of this rule shall— A. Maintain a current list of coatings in use with category and VOC content as applied;

B. Record each coating volume usage on a monthly basis; and C. Maintain records of monthly volume-weighted average VOC content for each coating type included in averaging for coating operations that achieve compliance through coating averaging under paragraph (3)(B)2. of 2. Each owner or operator of an aerospace manufacture and/or rework operation that uses cleaning solvents subject to this

rule shall— A. Maintain a list of materials with corresponding water contents for aqueous and semi-aqueous hand-wipe cleaning solvents;

B. Maintain a current list of cleaning solvents in use with their respective vapor pressure or, for blended solvents, VOC composite vapor pressure for all vapor pressure compliant hand-wipe cleaning solvents. This list shall include the monthly amount of each applicable solvent used; and C. Maintain a current list of exempt hand-wipe cleaning processes for all cleaning solvents with a vapor pressure greater than forty-five (45) mmHg used in exempt handwipe cleaning operations. This list shall include the monthly amount of each applicable solvent used.

3. All records must be kept on-site for a period of five (5) years and made available to the department upon request.

(5) Test Methods.

(A) An owner or operator of an aerospace manufacture and/or rework operation shall determine compliance for coatings which are not waterborne (water-reducible) and determine the VOC content of each formulation less water and less exempt solvents as applied using manufacturer’s supplied data or Method 24 of 40 CFR 60, Appendix A, as specified in 10 CSR 10-6.030(22). If there is a discrepancy between the manufacturer’s formulation data and the results of the Method 24 analysis, compliance is determined by the results from the Method 24 analysis. For waterborne (water-reducible) coatings, manufacturer’s supplied data alone can be used to determine the VOC content of each formulation.

(B) An owner or operator of an aerospace manufacture and/or rework operation shall determine compliance for cleaning solvents using the following:

1. For aqueous and semi-aqueous solvents manufacturers’ supplied data shall be used to determine the water content; or 2. For hand-wipe cleaning solvents required in subsection (3)(F) of this rule, manufacturers’ supplied data or standard engineering reference texts or other equivalent methods shall be used to determine the vapor pressure or VOC composite vapor pressure for blended cleaning solvents.

(C) An owner or operator of an aerospace manufacture and/or rework operation electing to demonstrate compliance with this rule by use of control equipment meeting the requirements of paragraph (3)(B)3. of this rule, shall demonstrate the required capture efficiency in accordance with EPA methods 18, 25, and/or 25A in 40 CFR 60, Appendix A, as specified in 10 CSR 10-6.030(22).

Original rule filed Aug. 4, 2000, effective March 30, 2001. Amended: Filed June 21, 2018, effective March 30, 2019. 1992, 1993, 1995, 2011.

##### **10 CSR 10-2.210** Control of Emissions From Solvent Metal Cleaning {#sec-10-csr-10-2.210 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.210}

PURPOSE: This regulation specifies equipment, operating procedures and training requirements for the reduction of hydrocarbon emissions from solvent metal cleaning operations in the Kansas City metropolitan area.

al. The entire text of the rule is printed here.

(1) Applicability.

(A) This rule shall apply throughout Clay, Jackson and Platte Counties.

(B) This rule shall apply to all installations which emit volatile organic compounds (VOC) from solvent metal cleaning or degreasing operations.

(C) This rule applies to any of the following processes that use nonaqueous solvents to clean 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; or 4. 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 maximum capacities of one (1) gallon or less;

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

C. Solvent cleaning operations regulated under 40 CFR 63 Subpart T, National Emission Standards for Halogenated Solvent Cleaning. The provisions of 40 CFR part 63

Subpart T promulgated as of December 19, 2005 shall apply and are hereby incorporated U.S. Government Printing Office, 732 N Capitol Street NW, Washington, DC 20401.

This rule does not incorporate any subsequent amendments or additions;

D. The cleaning of electronic components, medical devices or optical devices;

E. Hand cleaning/wiping operations;

F. Flush cleaning operations.

2. The following shall be exempt from the solvent vapor pressure requirements of subparagraphs (3)(A)1.A. and (3)(A)1.B. of this rule:

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

B. Cold cleaners using solvents regulated under any federal National Emission Standards for Hazardous Air Pollutants; and C. Janitorial and institutional cleaning.

3. All wastes that are subject to hazardous waste requirements at 10 CSR Division 25, Chapter 4 through 9 shall be exempt from the requirements of subparagraphs (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 and seals at a differential pressure of 25 torr (25.0 millimeters of Mercury (mmHg)) (0.475 pounds per square inch (psi)) or less, prior to the introduction of solvent vapor into the cleaning chamber and maintains differential pressure under vacuum during all cleaning and drying cycles.

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

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

(D) Electronic components—All portions of an electronic assembly, including, but not limited to, circuit board assemblies, printed wire assemblies, printed circuit boards, soldered joints, ground wires, bus bars, and associated electronic component manufacturing equipment such as screens and filters.

(E) Flush cleaning—The removal of contaminants such as dirt, grease and coatings from a component or coating equipment by passing solvent over, into or through the item being cleaned. The solvent drained from the item may be assisted by air, compressed gas, hydraulic pressure or by pumping. Flush cleaning does not include spray gun cleaning.

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

(G) Freeboard height— 1. The distance from the top of the solvent to the top of the tank for batch-loaded cold cleaners;

2. The distance from the air-vapor interface to the top of the tank for open-top vapor degreasers; or 3. The distance from either the air-solvent or air-vapor interface to the top of the tank for conveyorized degreasers.

(H) Freeboard ratio—The freeboard height divided by the smaller of either the inside length or inside width of the degreaser.

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

(J) Institutional cleaning—Cleaning activities conducted at organizations, societies or corporations including, but not limited to schools, hospitals, sanitariums and prisons.

(K) Janitorial cleaning—The cleaning of building or facility components such as the floors, ceilings, walls, windows, doors, stairs, bathrooms, kitchens, etc.

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

article, including any component or accessory that meets one (1) of the following conditions:

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

2. It is intended to affect the structure or any function of the body; or 3. It is defined in the National Formulary or the United States Pharmacopoeia, or any supplement to them.

(M) Nonaqueous solvent—Any solvent not classifiable as an aqueous solvent as defined in subsection (2)(C) of this rule.

(N) Optical device—An optical element used in an electro-optical device and designed to sense, detect or transmit light energy, including specific wavelengths of light energy and 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, include unwanted primers, paint, specialty coatings, adhesives, sealers, resins or deadeners.

(P) Spray gun cleaner—Equipment used to clean spray guns used to apply, but not limited to, primers, paints, specialty coatings, adhesives, resins or deadeners incorporated into a product distributed in commerce.

(Q) Definitions of certain terms specified (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 Platte Counties a cold cleaning solvent with a vapor pressure greater than 1.0 mmHg (0.019 psi) at twenty degrees Celsius (20 °C) (sixty-eight degrees Fahrenheit (68 °F)) unless used for carburetor cleaning.

B. No one shall use, sell or offer for sale for use within Clay, Jackson and Platte Counties a cold cleaning solvent for the

purpose of carburetor cleaning with a vapor pressure greater than 5.0 mmHg (0.097 psi) at twenty degrees Celsius (20 °C) (sixty-eight degrees Fahrenheit (68 °F)).

C. An owner or operator of a cold cleaner may use an alternate method for reducing cold cleaning emissions if the owner or operator shows the level of emission control is equivalent to or greater than the requirements of subparagraphs (3)(A)1.A. and (3)(A)1.B. of this rule. This alternate method must be approved by the director and the U.S. Environmental Protection Agency (EPA).

D. Each cold cleaner shall have a cover which prevents the escape of solvent vapors from the solvent bath while in the closed position or an enclosed reservoir which limits the escape of solvent vapors from the solvent bath whenever parts are not being processed in the cleaner.

E. When one (1) or more of the following conditions exist, the cover shall be designed to operate easily such that minimal disturbing of the solvent vapors in the tank occurs. (For covers larger than ten (10) square feet, this shall be accomplished by either mechanical assistance such as spring loading or counter weighing or by power systems):

(I) The solvent vapor pressure is greater than 0.3 psi measured at thirty-seven point eight degrees Celsius (37.8 °C) (one hundred degrees Fahrenheit (100 °F));

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

F. Each cold cleaner shall have an internal drainage facility so that parts are enclosed under the cover while draining.

G. If an internal drainage facility cannot fit into the cleaning system and the solvent vapor pressure is less than 0.6 psi measured at thirty-seven point eight degrees Celsius (37.8 °C) (one hundred degrees Fahrenheit (100 °F)), then the cold cleaner shall have an external drainage facility which provides for the solvent to drain back into the solvent bath.

H. Solvent sprays, if used, shall be a solid fluid stream (not a fine, atomized or shower-type spray) and at a pressure which does not cause splashing above or beyond the freeboard.

I. A permanent conspicuous label readily visible during operation of the equipment.

J. Any cold cleaner which uses a solvent that has a solvent vapor pressure greater than 0.6 psi measured at thirty-seven point eight degrees Celsius (37.8 °C) (one hundred degrees Fahrenheit (100 °F)) or heated above forty-eight point nine degrees Celsius (48.9 °C) (one hundred twenty degrees Fahrenheit (120 °F)) must use one (1) of the following control devices:

(I) A freeboard ratio of at least 0.75;

(II) Water cover (solvent must be insoluble in and heavier than water); or (III) Other control systems with a mass balance demonstrated overall VOC emissions reduction efficiency greater than or equal to sixty-five percent (65%). These control systems must receive approval from the 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 the escape of solvent vapors from the degreaser while in the closed position and shall be designed to open and close easily such that minimal disturbing of the solvent vapors in the tank occurs. For covers larger than ten (10) square feet, easy cover use shall be accomplished by either mechanical assistance, such as spring loading or counter weighing or by power systems.

B. Each open-top vapor degreaser shall be equipped with a vapor level control device that shuts off the heating source when the vapor level rises above the cooling or condensing coil, or an equivalent safety device approved by the director and EPA.

C. Each open-top vapor degreaser with an air/vapor interface over ten and threefourths (10 3/4) square feet shall be equipped with at least one (1) of the following control devices:

(I) A freeboard ratio of at least 0.75;

(II) A refrigerated chiller;

(III) An enclosed design (the cover or door opens only when the dry part actually is entering or exiting the degreaser);

(IV) A carbon adsorption system with ventilation of at least fifty (50) cubic feet per minute per square foot of air vapor area when the cover is open and exhausting less than twenty-five parts per million (25 ppm) of solvent by volume averaged over one (1) complete adsorption cycle as measured using the reference method specified at 10 CSR 10- 6.030(14)(A); or (V) A control system with a mass balance demonstrated overall VOC emissions reduction efficiency greater than or equal to sixty-five percent (65%) and prior approval D. A permanent conspicuous label readily visible during operation of the equipment.

3. Conveyorized degreasers.

A. Each conveyorized degreaser shall have a drying tunnel or rotating (tumbling) basket or other means demonstrated to have equal to or better control which shall be used to prevent cleaned parts from carrying out solvent liquid or vapor.

B. Each conveyorized degreaser shall have the following safety devices which operate if the machine malfunctions:

(I) A vapor level control device that shuts off the heating source when the vapor level rises just above the cooling or condensing coil; and (II) A spray safety switch, which shuts off the spray pump if the vapor level in the spray chamber drops four inches (4"), for conveyorized degreasers utilizing a spray chamber; or (III) Equivalent safety devices approved by the director and EPA.

C. Entrances and exits shall silhouette workloads so that the average clearance between parts and the edge of the degreaser opening is less than four inches (4") or less than ten percent (10%) of the width of the opening.

D. Covers shall be provided for closing off the entrance and exit during hours when the degreaser is not being used.

E. A permanent, conspicuous label readily visible during operation of the equipment.

F. If the air/vapor interface is larger than twenty-one and one-half (21 1/2) square feet, one (1) major control device shall be required. This device shall be one (1) of the (I) A refrigerated chiller;

(II) Carbon adsorption system with ventilation of at least fifty (50) cubic feet per minute per square foot of the total entrance and exit areas (when downtime covers are open) and exhausting less than twenty-five (25) ppm of solvent by volume averaged over one (1) complete adsorption cycle as measured using the reference method specified at 10 CSR 10-6.030(14)(A); or (III) A control system with a mass balance demonstrated overall VOC emissions reduction efficiency greater than or equal to sixty-five percent (65%) and prior approval 4. Air-tight or airless cleaning systems.

Air-tight or airless cleaning systems shall:

A. Have a permanent conspicuous label summarizing the operating procedures affixed to the equipment or in a location readily visible during operation of equipment;

B. Be equipped with a differential pressure gauge to indicate the sealed chamber pressure under vacuum; and C. Be equipped with a safety alarm to alert the operator of equipment malfunction.

(B) Operating Procedure Requirements.

1. Cold cleaners.

A. Cold cleaner covers shall be closed whenever parts are not being handled in the cleaners or the solvent must drain into an enclosed reservoir except when performing maintenance or collecting solvent samples.

B. Cleaned parts shall be drained in the freeboard area for at least fifteen (15) seconds or until dripping ceases, whichever is longer. Parts having cavities or blind holes shall be tipped or rotated while the part is draining. During the draining, tipping, or rotating, the parts shall be positioned so that the solvent drains directly back into the cold cleaner.

C. Whenever a cold cleaner fails to perform within the rule operating requirements, the unit shall be shutdown immediately and shall remain shutdown until operation is restored to meet rule operating requirements.

D. Solvent leaks shall be repaired immediately or the cold cleaner shall be shutdown until the leaks are repaired.

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

(I) Reduction of the waste material (II) Stored in closed containers for (a) A contract reclamation ser- (b) A disposal facility approved F. Waste solvent shall be stored in 2. Open-top vapor degreasers.

A. The cover shall be kept closed at all times except when processing workloads through the open-top vapor degreaser, performing maintenance or collecting solvent samples.

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

(I) Parts shall be racked, if practical, to allow full drainage;

(II) Parts shall be moved in and out of the open-top vapor degreaser at less than eleven feet (11') per minute;

(III) Workload shall remain in the vapor zone at least thirty (30) seconds or until condensation ceases, whichever is longer;

(IV) Pools of solvent shall be removed from cleaned parts before removing parts from the open-top vapor degreaser freeboard area; and (V) Cleaned parts shall be allowed to dry within the open-top vapor degreaser freeboard area for at least fifteen (15) seconds or until visually dry, whichever is longer.

C. Porous or absorbent materials such as cloth, leather, wood or rope shall not be degreased.

D. If workloads occupy more than half of the open-top vapor degreaser’s opentop area, rate of entry and removal shall not exceed five feet (5') per minute.

E. Spray shall never extend above vapor level.

F. Whenever an open-top vapor degreaser fails to perform within the rule operating requirements, the unit shall be shutdown until operation is restored to meet the rule operating requirements.

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

H. Ventilation exhaust from the opentop vapor degreaser shall not exceed sixtyfive (65) cubic feet per minute per square foot of open-top vapor degreaser open area unless proof is submitted that it is necessary to meet Occupational Safety and Health Administration (OSHA) requirements. Fans shall not be used near the open-top vapor degreaser opening.

I. Water shall not be visually detectable in solvent exiting the water separator, except for automatic water separators that by configuration do not allow visual inspection.

J. Any waste material removed from an open-top vapor degreaser shall be disposed of by one (1) of the following methods or an equivalent method approved by the director and EPA:

(I) Reduction of the waste material (II) Stored in closed containers for (a) A contract reclamation ser- (b) A disposal facility approved K. Waste solvent shall be stored in 3. Conveyorized degreasers.

A. Ventilation exhaust from the conveyorized degreaser shall not exceed sixtyfive (65) cubic feet per minute per square foot of conveyorized degreaser opening unless proof is submitted that it is necessary to meet OSHA requirements. Fans shall not be used near the conveyorized degreaser opening.

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

(I) Parts shall be racked, if practical, to allow full drainage; and (II) Vertical conveyor speed shall be maintained at less than eleven feet (11') per minute.

JOHN R. ASHCROFT (9/30/11)*

C. Whenever a conveyorized degreaser fails to perform within the rule operating requirements, the unit shall be shutdown immediately and shall remain shutdown until operation is restored to meet the rule operating requirements.

D. Solvent leaks shall be repaired immediately or the conveyorized degreaser shall be shutdown until the leaks are repaired.

E. Water shall not be visually detectable in solvent exiting the water separator.

F. Covers shall be placed over entrances and exits immediately after conveyor and exhaust are shutdown and removed just before they are started up.

G. Waste solvent shall be stored in H. Any waste material removed from a conveyorized degreaser shall be disposed of by one (1) of the following methods or an equivalent method approved by the director and EPA:

(I) Reduction of the waste material (II) Stored in closed containers for (a) A contract reclamation ser- (b) A disposal facility approved 4. Spray gun cleaners.

A. Cleaning of spray guns shall be accomplished by use of one (1) or more of the following methods:

(I) Enclosed spray gun cleaning.

Enclosed system spray gun cleaning shall consist of forcing solvent through the spray gun and/or spray gun parts. Spray guns and/or spray gun parts shall only be cleaned in remote closed top spray gun cleaning machines under the following conditions:

(a) The spray gun cleaning machine is operated within the manufacturer’s specifications and with the lid kept tightly closed at all times except when being accessed or maintained; and (b) Removable containers (which shall not exceed thirty (30) gallons in size) for clean, used and waste solvent, are kept tightly closed except when being accessed or maintained;

(II) Nonatomized spray gun cleaning. Nonatomized spray gun cleaning shall consist of placing solvent in the pressure pot and forcing it through the spray gun with the atomizing cap in place. Spray guns shall only be cleaned through nonatomized spray gun cleaning under the following conditions:

(a) No atomizing air shall be used; and (b) The cleaning solvent from the spray gun shall be directed into a pail, bucket, drum or other waste container that is closed when not in use;

(III) Disassembled spray gun cleaning. Disassembled spray gun cleaning shall be accomplished by disassembling the spray gun to be cleaned and cleaning the components by one (1) of the following methods:

(a) By hand in a spray gun cleaner, which shall remain closed except when in use; or (b) By soaking in a spray gun cleaner, which shall remain closed during the soaking period and when not inserting or removing components;

(IV) Atomized spray gun cleaning.

Atomized spray gun cleaning shall consist of forcing the cleaning solvent through the gun and directing the resulting atomized spray into a waste container that is fitted with a device designed to capture the atomized cleaning solvent emissions; or (V) Cleaning of the nozzle tips of an automated spray equipment system is exempt from the requirements of paragraph (3)(B)4. of this rule, unless the system is a robotic system that is programmed to spray into a closed container.

B. Any waste material removed from a spray gun cleaning system shall be disposed of by one (1) of the following methods or an equivalent method approved by the director and EPA:

(I) Reduction of the waste material (II) Stored in closed containers for (a) A contract reclamation ser- (b) A disposal facility approved C. Waste solvent shall be stored in 5. Air-tight and airless cleaning systems.

A. Operate the air-tight and airless cleaning systems with a door or other pressure sealing apparatus in place during all cleaning and drying cycles.

B. All associated pressure relief devices shall not allow liquid solvent to drain out of the equipment.

C. Solvent leaks shall be repaired immediately or the air-tight or airless cleaning system shall be shutdown until the leaks are repaired.

D. The air-tight and airless cleaning systems shall be operated within the manufacturer’s specifications.

E. Parts shall be positioned, if practical, to allow full drainage and pools of solvent shall be removed from cleaned parts before removing parts from the air-tight or airless cleaning system.

F. Wipe up solvent leaks and spills immediately and store the used rags in closed containers.

G. Any waste material removed from an air-tight and airless cleaning system shall be disposed of by one (1) of the following methods or an equivalent method approved by the director and EPA:

(I) Reduction of the waste material (II) Stored in closed containers for (a) A contract reclamation ser- (b) A disposal facility approved H. Waste solvent shall be stored in (C)

Operator and Supervisor Training.

1. Only persons trained in at least the operational and equipment requirements specified in this rule for their particular solvent metal cleaning process shall be permitted to operate the equipment.

2. The person who supervises any person who operates solvent cleaning equipment regulated by this rule shall receive equal or greater operational training than the operator.

3. A procedural review shall be given to all solvent metal cleaning equipment operators at least once each twelve (12) months.

4. Training records shall be maintained per 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 shall keep records of all types and amounts of solvent containing waste material from cleaning or degreasing operations transferred to either a contract reclamation service or to a disposal facility and all amounts distilled on the premises. The records also shall include maintenance and repair logs for both the degreaser and any associated control equipment. These records shall be kept current and made available for review on a monthly basis. The director may require additional record keeping if necessary to adequately demonstrate compliance with this

rule.

(9/30/11)* JOHN R. ASHCROFT

(B) All persons that use any solvent subject to the requirements of subparagraphs (3)(A)1.A. or (3)(A)1.B. of this rule shall maintain records which include for each purchase of cold cleaning solvent:

1. The name and address of the solvent supplier;

2. The date of purchase;

3. The type of solvent; and 4. 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 sale any solvent subject to the requirements of subparagraph (3)(A)1.A. or (3)(A)1.B. of this rule shall maintain records which include for each sale of cold cleaning solvent:

1. The name and address of the solvent purchaser;

2. The date of sale;

3. The type of solvent;

4. The unit volume of solvent;

5. The total volume of solvent; and 6. 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 metal cleaning 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 rule shall be retained for five (5) years and shall be made available to the director upon (5) Test Methods. (Not applicable)

Filed June 26, 2007, effective Feb. 29, 2008. transferred from 203.050 in 1986, 1992, 1993, 1995.

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

##### **10 CSR 10-2.215** Control of Emissions From Solvent Cleanup Operations {#sec-10-csr-10-2.215 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.215}

(Rescinded January 30, 2019)

1999. Original rule filed Aug. 30, 2000, effective May 30, 2001. Rescinded: Filed April 10, 2018, effective Jan. 30, 2019.

**History**
- *AUTHORITY: section 643.050, RSMo Supp.*

##### **10 CSR 10-2.220** Liquefied Cutback Asphalt Paving Restricted organic compounds emissions from cutback asphalt paving operations. {#sec-10-csr-10-2.220 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.220}

(1) Application.

(A) This regulation shall apply only in Clay, Jackson and Platte Counties.

(B) This regulation limits the use or application of liquefied cutback asphalt in paving and maintenance operations on highways, roads, parking lots and driveways.

(2) General. After December 31, 1982, no person may cause or permit the use or application of liquefied cutback asphalts on highways, roads, parking lots and driveways during the months of April, May, June, July, August, September and October except as permitted in section (3). This section refers to liquefied cutback asphalt which is directly applied or used in a plant-mix or road-mix.

(3) Exceptions. The use or application of liquefied cutback asphalts is permitted if the liquefied cutback asphalt is— (A) Used in a plant-mix or road-mix which is used solely for filling potholes or for emergency repairs;

(B) Used to produce a plant-mix manufactured 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 surfaces.

(4) Recordkeeping.

(A) Records shall be kept on all application uses and all production quantities sufficient to determine daily volatile organic compound emissions for the months of April, May, June, July, August, September and October.

(B) Liquefied cutback asphalt plants shall keep records of the quantities of liquefied cutback asphalt sold and who the purchasers are.

The owner, operator or user shall record all information derived for a period of not less than two (2) years and all those records shall be made available to the director upon his/her

**History**
- *AUTHORITY: section 643.050, RSMo 1986. Original rule filed Nov. 14, 1978, effective July 12, 1979. Amended: Filed Jan. 3, 1991, effective Aug. 30, 1991. Original authority 1965, amended 1972, transferred from 203.050 in 1986, 1992, 1993.*

##### **10 CSR 10-2.230** Control of Emissions From Industrial Surface Coating Operations organic compound emissions from industrial surface coating operations. {#sec-10-csr-10-2.230 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.230}

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

(1) Applicability.

(A) This regulation applies only in Clay, (B) This regulation applies to any installation with an uncontrolled potential to emit greater than 6.8 kilograms per day (kg/day) or 2.7 tons per year of volatile organic compounds (VOC) from industrial surface coating operations covered under this rule. The uncontrolled potential emit is the potential emissions (as defined) plus the VOC removed by emission control devices.

(C) This regulation is not applicable to the 1. Exterior refinishing of airplanes;

2. Automobile refinishing;

3. Customizing top coating of automobiles and trucks, if production is less than thirty-five (35) vehicles per day;

4. Exterior of marine vessels;

5. Surface coating that is part of janitorial, building, and installation maintenance operations;

6. Research and development, performance testing, and quality control of coatings and surface coated products;

7. Aerosol coating products subject to 40 CFR 59 subpart C or E;

8. Field application of architectural coatings to buildings, building components, and stationary structures;

9. Powder coatings;

10. Surface coating and cleaning of aerospace vehicles or components at an aerospace manufacture or rework facility that— A. Is subject to the requirements and/or aerospace specific exemptions of 10 CSR 10-2.205; or B. Is not subject to 10 CSR 10-2.205 because the installation’s potential to emit VOCs from aerospace surface coating and cleaning is twenty-five (25) tons per year or less;

11. Application and storage of coatings subject to 40 CFR 59 subpart D;

12. Printing operations subject to the JOHN R. ASHCROFT (2/28/19)* requirements of 10 CSR 10-2.290 or 10 CSR 10-2.340;

13. Surface coating and cleaning of articles used for internal company operations including, but not limited to, work stands; scaffolding; jigs; tooling; dollies; tow bars; aircraft ground support equipment; portable equipment used for maintenance, testing, fabrication, or repair; toolboxes; storage bins; shelving; and other manufacturing or warehouse support items;

14. Adhesives and sealants that contain less than 0.17 pounds of VOC per gallon of coating (less water and exempt compounds) as applied;

15. Cyanoacrylate adhesives;

16. Adhesives, sealants, adhesive primers, and sealant primers that are supplied by the manufacturer or supplier in containers with a net volume of sixteen (16) fluid ounces or less, or a net weight of one (1) pound or less, except plastic cement welding adhesives and contact adhesives;

17. Contact adhesives that are supplied by the manufacturer or supplier in containers with a net volume of one (1) gallon or less;

18. Adhesives, sealants, adhesive primers, sealant primers, surface preparation, and cleanup solvents used in the following operations:

A. Tire repair operations, provided the adhesive is labeled for tire repair only;

B. Assembly, repair, and manufacture of aerospace or undersea-based weapon systems components;

C. Plastic solvent welding operations used in the manufacture of medical devices or in the manufacture of medical equipment;

D. Plaque laminating operations in which adhesives are used to bond clear, polyester acetate laminate to wood with lamination equipment installed prior to July 1, 1992; and 19. Military specification coatings that meet the following criteria:

A. The coating is applied only to military equipment used for national defense;

B. The coating performance is critical to the successful operation of the military equipment; and C. The coating is mandated in a specification or contract and a substitution of coatings is not allowed.

(2) Definitions.

(A) Adhesive—Any chemical substance that is applied for the purpose of bonding two (2) surfaces together other than by mechanical means.

(B) Adhesive primer—A product intended by the manufacturer for application to a substrate, prior to the application of an adhesive, to provide a bonding surface.

(C) Air-dried coating—The coatings dried by the use of air or forced warm air at temperatures up to ninety degrees Celsius (90 °C) (one hundred ninety-four degrees Fahrenheit (194 °F)).

(D) Architectural coating—A coating recommended for field application to stationary structures and their appurtenances, to portable buildings, to pavements, or to curbs.

This definition excludes adhesives and coatings recommended by the manufacturer or importer solely for shop applications or solely for application to nonstationary structures, such as airplanes, ships, boats, and railcars.

(E) Automobile—A four (4)-wheel passenger motor vehicle or derivative capable of seating no more than twelve (12) passengers.

(F) Clear coat—A coating which lacks color and opacity or is transparent and uses the undercoat as a reflectant base or undertone color. This term also includes corrosion preventative coatings used for the interior of drums or pails.

(G) Coating applicator—An apparatus used to apply a surface coating.

(H) Coating line—One (1) or more apparatus or operations which include a coating applicator, flash-off area, and oven where a surface coating is applied, dried, or cured, or a combination of these.

(I) Contact adhesive—A contact adhesive does not include rubber cements that are primarily intended for use on paper substrates.

Contact adhesive also does not include vulcanizing fluids that are designed and labeled for tire repair only. A contact adhesive is an adhesive that— 1. Is designed for application to both surfaces to be bonded together;

2. Is allowed to dry before the two (2) surfaces are placed in contact with each other;

3. Forms an immediate bond that is impossible, or difficult, to reposition after both adhesive-coated surfaces are placed in contact with each other; and 4. Does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces.

(J) Cyanoacrylate adhesive—An adhesive with a cyanoacrylate content of at least ninety-five percent (95%) by weight.

(K) Drum—Any cylindrical container of thirteen to one hundred ten (13–110)-gallon capacity.

(L) End seal compound—The gasket forming coating used to attach the end pieces of a can during manufacturing or after filling with contents.

(M) Extreme performance coating—A coating used on a metal or plastic surface where the coated surface is, in its intended use, subject to the following:

1. Chronic exposure to corrosive, caustic, or acidic agents, chemicals, chemical fumes, chemical mixtures, or solutions;

2. Repeated exposure to temperatures in excess of two hundred fifty degrees Fahrenheit (250 °F); or 3. Repeated heavy abrasion, including mechanical wear and repeated scrubbing with industrial grade solvents, cleansers, or scouring agents.

(N) Fabric coating—A coating applied to a textile substrate by dipping or by means of a knife or roll.

(O) Final repair—The final coatings applied to correct topcoat imperfections after the complete assembly of the automobile.

(P) Flash-off area—The space between the application area and the oven.

(Q) Industrial surface coating operation— The surface coating of manufactured items intended for distribution in commerce to persons other than the person or legal entity performing the surface coating.

(R) Interior body spray—The surface coating for the interior and ends of a two (2)piece formed can or the surface coating of the side of the rectangular material to be used as the interior and ends of a three (3)-piece can.

(S) Light-duty truck—Any motor vehicle rated at eight thousand five hundred pounds (8,500 lbs.) gross vehicle weight or less or a derivation of this vehicle which is designed primarily for the purpose of transportation of property.

(T) Marine vessel—A craft capable of being used as a means of transportation on water, except amphibious vehicles.

(U) Pail—Any nominal cylindrical container of one to twelve (1–12)-gallon capacity.

(V) Primer—The first surface coating applied to the surface.

(W) Primer-surfacer—The surface coatings applied over the primer and beneath the topcoat.

(X) Sheet basecoat—The roll coated primary interior surface coating applied to surfaces for the basic protection of buffering filling material from the metal can surface.

(Y) Topcoat—The surface coating applied for the purpose of establishing the color or protective surface, or both, including ground coat and paint sealer materials, base coat, and clear coat.

(Z) Transfer Efficiency (TE)—Ratio of the amount of coating solids transferred onto a product to the total of coating solids used. In any surface coating operation, TE is the ratio (2/28/19)* JOHN R. ASHCROFT of solids in a coating that adhere on a target surface to the total solids used in the process for coating the target surface.

(AA) Vinyl coating—The application of a decorative or protective topcoat, or printing or vinyl-coated fabric or vinyl sheet.

(BB) Definitions of certain general terms specified in this regulation may be found in 10 CSR 10-6.020.

(3) General Provisions. No person shall emit to the atmosphere any VOC from any industrial surface coating operation in excess of the amount allowed in subsections (3)(A) and (3)(B) of this rule. The following emission limits and compliance dates apply to all application areas, flash-off areas, and ovens used in an affected industrial surface coating (A) Table A: VOC Emission Limits Based on Solids Applied.

Emission Limit # VOC/gal Dates of Surface Coating Solids Compliance Operations Applied (See Note 1)

Auto/light-duty truck *Ford Motor Company Primer Surfacer 15.1 12/24/87 Topcoat (passenger) 15.1 12/31/88 Topcoat (truck)

(See Note 2) 15.1 12/31/88 (B) Table B: VOC Emission Limits Based on Weight of VOC per Gallon of Coating (minus water and non-VOC organic compounds).

Emission Limit # VOC/gal Coating (minus water) and non-VOC Dates of Surface Coating Organic Compliance Operation 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 truck Ford Motor Company Electrocoat 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 Miscellaneous Metal Parts— Extreme Performance Coating and Air-Dried Coatings 3.5 12/31/82 All Other Coatings 3.0 12/31/82 Paper 2.9 12/31/81 Vinyl Coating 3.8 12/31/81 Fabric Coating 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 piece interior 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, Machinery and Heavy-Duty Trucks 3.5 12/31/82 Other Metal Parts Clear Coat 4.3 12/31/82 Extreme Performance Coat and Air-Dried Coating 3.5 12/31/82 Other Coatings 3.0 12/31/82 Note 1—The emission limit associated with the latest compliance date for each surface coating process supersedes interim emission limits associated with earlier compliance dates.

Note 2—A formal commitment submitted to and received by the director prior to 12/31/88 to construct or modify the truck topcoat surface coating operation no later than 12/31/90 to meet the provisions of 10 CSR 10-6.070 or 40 CFR 60 Subpart MM, whichever is more stringent, may be substituted for this emission limitation. The emission limit specified by the rules referenced in this note is 12.3 lbs. VOC per gallon of solids applied.

(4) Reporting and Record Keeping.

(A) The owner or operator of a coating line shall keep records detailing specific VOC sources, as necessary to determine compliance. These may include:

1. The type and the quantity of coatings used daily;

2. The coating manufacturer’s formulation data for each coating on forms provided or approved by the director;

3. The type and quantity of solvents for coating, thinning, purging, and equipment cleaning used daily;

4. All test results to determine capture and control efficiencies, transfer efficiencies, and coating makeup;

5. The type and quantity of waste solvents reclaimed or discarded daily;

6. The quantity of pieces or materials coated daily; and 7. Any additional information pertinent to determine compliance.

(B) Records, such as daily production rates, may be substituted for actual daily coating use measurement provided the owner submits a demonstration approvable by the director that these records are adequate for the purposes of this regulation. This will apply for all surface coating industries until the U.S. Environmental Protection Agency (EPA) issues national daily emissions record keeping protocols for specific industrial classifications.

(C) Owners or operators shall retain records for a minimum of two (2) years and make the records available to the director upon request.

(5) Test Methods. Use the methods in subsections (5)(A)–(C) as applicable and appropriate to determine compliance with section (3) requirements.

(A) To calculate the daily volume-weighted emission performance for automobile and light-duty truck primer-surfacer and topcoat operations for subsection (3)(A), use the procedures in the EPA document, Protocol for Determining the Daily Volatile Organic Compound Emission Rate for Automobile and Light-Duty Truck Topcoat Operations as incorporated by reference in 10 CSR 10- 6.030(20).

(B) For subsection (3)(B)— 1. Compliance with emission limits may be demonstrated with EPA Method 24 as specified in 10 CSR 10-6.030(22) using the one (1)-hour bake. Emission performance is based on the daily volume-weighted average of all coatings used in each industrial surface coating operation as delivered to the coating applicator(s) on a coating line.The daily volume-weighted average (DAVGvw) is calculated by the following formula: n Σ (A i × B i ) i=l DAVG VW= ________________ C Where: A=daily gal. each coating used (minus water and exempt solvents) in a surface coating 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 n=number of all coating used in a surface coating operation; or 2. Compliance with the emission limits in subsection (3)(B) may be demonstrated on pounds of VOC per gallon of coating solids

basis. The demonstration is made by first converting the emission limit in subsection (3)(B) to pounds of VOC per gallon of coating solids as shown in the following three (3) steps:

lbs. VOC per gallon of coating (Emission minus water Limit & exempt solvents from (3)(B)) volume 1) = 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 (3)(B)) lbs. VOC 3) = Volume fraction gallon of of solids coating solids This value is the new compliance figure. The VOC per gallon of coating solids for each coating used is then determined with EPA Method 24 as specified in 10 CSR 10- 6.030(22) using the one (1)-hour bake. The composite daily volume-weighted average of pounds of VOC per gallon of coating solids as tested for the actual coatings used is compared to the new compliance figure. Source operations on a coating line using coatings with a composite actual daily volume-weighted average value less than or equal to the new compliance figure are in compliance with this

regulation.

(C) As an alternative to the methods specified in subsections (5)(A) and (B), compliance with the emission limits specified in subsections (3)(A) and (B) may be demonstrated by the implementation of an emission reduction equivalency compliance plan, which utilizes a daily weighted average of emissions from a single or combination of source operations provided that— 1. All source operations involved in the plan are subject to the emission limits of this

regulation;

2. All source operations are part of the same installation;

3. The total actual VOC emissions for each twenty-four (24)-hour period do not exceed the sum of the allowable emissions determined from section (3) for each source operation for the same period;

4. Equivalent emission reductions are accomplished in the time intervals allowed in subsection (5)(B);

5. After December 24, 1987, testing of raw materials, emissions, equipment, or a combination of these, shall be performed prior to initiation of an alternate compliance plan to verify any equivalent emission reductions claimed. Director approval prior to review is necessary for all test methods and procedures to be acceptable for use in the equivalency determination. Failure to gain test method and procedure approval of the director will invalidate the equivalency claim;

6. The overall plan is approved by the director.

July 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, effective Dec. 24, 1987. Amended: Filed Aug. 4, 1988, effective Nov. 24, 1988. Amended:

Filed June 27, 2018, effective March 30, 2019.

##### **10 CSR 10-2.240** Restriction of Emissions of Volatile Organic Compounds From Petroleum Refinery Sources June 11, 1979. Rescinded: Filed July 1, 1987, effective Nov. 23, 1987. {#sec-10-csr-10-2.240 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.240}

##### **10 CSR 10-2.250** Control of Volatile Leaks From Petroleum Refinery Equipment June 11, 1979. Rescinded: Filed July 1, 1987, effective Nov. 23, 1987. {#sec-10-csr-10-2.250 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.250}

##### **10 CSR 10-2.260** Control of Emissions During Petroleum Liquid Storage, Loading, and Transfer {#sec-10-csr-10-2.260 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.260}

PURPOSE: This rule restricts volatile organic compound emissions from the handling of petroleum liquids in three (3) specific areas: petroleum storage tanks with a capacity greater than forty thousand (40,000) gallons, the loading of gasoline into delivery vessels, and the transfer of gasoline from delivery vessels into stationary storage containers.

Exemptions are provided for facilities that make transfers into stationary storage containers of certain sizes and types. This rule is necessary to reduce hydrocarbon emissions in the Kansas City metropolitan area that contribute to the formation of ozone.

al. The entire text of the rule is printed here.

(1) Applicability. This rule applies throughout Clay, Jackson, and Platte Counties.

(2) Definitions.

(A) CARB—California Air Resources Board.

(B) Cargo tank—A delivery tank truck or railcar which is loading gasoline or which has loaded gasoline on the immediately previous load.

(C) Condensate (hydrocarbons)—A hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature or pressure, or both, and remains liquid at standard conditions.

(D) Crude oil—A naturally occurring mixture consisting of hydrocarbons and sulfur, nitrogen, or oxygen derivatives of hydrocarbons (or a combination of these derivatives), which is a liquid at standard conditions.

(E) Custody transfer—The transfer of produced crude oil or condensate, or both, after processing or treating, or both, in the producing operations, from storage tanks or automatic transfer facilities to pipelines, or any other forms of transportation.

(F) Delivery vessel—A tank truck, trailer, or railroad tank car.

(G) Department—Missouri Department of Natural Resources.

(H) External floating roof—A storage vessel cover in an open top tank consisting of a double deck or pontoon single deck which rests upon and is supported by petroleum liquid being contained and is equipped with a closure seal(s) to close the space between the roof edge and tank wall.

(I) Gasoline—A petroleum liquid having a Reid vapor pressure four pounds (4 lbs) per square inch or greater.

(J) Gasoline dispensing facility (GDF)— Any stationary facility which dispenses gasoline into the fuel tank of a motor vehicle and is not— 1. A gasoline distribution facility; or 2. A manufacturer of new motor vehicles performing initial fueling operations dispensing gasoline into newly assembled motor vehicles equipped with onboard refueling vapor recovery (ORVR) at an automobile assembly plant while the vehicle is still being assembled on the assembly line.

(K) Gasoline distribution facility—Any facility that receives gasoline by pipeline, ship or barge, or cargo tank and subsequently loads the gasoline into gasoline delivery vessels for transport to gasoline dispensing facilities.

(L) Lower explosive limit (LEL)—The lower limit of flammability of a gas or vapor at ordinary ambient temperatures expressed in percent of the gas or vapor in air by volume.

(M) Monthly throughput—The total volume of gasoline that is loaded into all gasoline storage tanks during a month, as calculated on a rolling thirty (30)-day average.

(N) Onboard refueling vapor recovery (ORVR)—A system on motor vehicles designed to recover hydrocarbon vapors that escape during refueling.

(O) Petroleum liquid—Petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery with the exception of Numbers 2–6 fuel oils meeting ASTM D396-17 requirements as specified in 10 CSR 10-6.040(12), gas turbine fuel oils Number 2-GT–4-GT meeting ASTM D2880-15 requirements as specified in 10 CSR 10-6.040(20), and diesel fuel oils Number 2-D and 4-D meeting ASTM D975- 17 requirements as specified in 10 CSR 10- 6.040(14).

(P) Staff director—Director of the Air Pollution Control Program of the Department of Natural Resources, or a designated representative.

(Q) Stage I vapor recovery system—A system used to capture the gasoline vapors that would otherwise be emitted when gasoline is transferred from a loading installation to a delivery vessel or from a delivery vessel to a storage tank.

(R) Submerged fill pipe—Any fill pipe the discharge opening of which is entirely submerged when the liquid level is six inches (6") above the bottom of the tank. When applied to a tank that is loaded from the side, any fill pipe, the discharge opening of which is entirely submerged when the liquid level is eighteen inches (18") or twice the diameter of the fill pipe, whichever is greater, above the bottom of the tank.

(S) True vapor pressure—The equilibrium partial pressure exerted by a petroleum liquid as determined in American Petroleum Institute, Manual of Petroleum Measurement Standards, Chapter 19.2, Evaporative Loss From Floating-Roof Tanks, 2012, as published by the American Petroleum Institute.

Copies can be obtained from the API Publishing Services, 1220 L Street, Washington, DC 20005. This rule does not incorporate any subsequent amendments or additions.

(T) Ullage—Volume of a container not occupied by liquid.

(U) Vapor recovery system—A vapor gathering system capable of collecting the hydrocarbon vapors and gases discharged and a vapor disposal system capable of processing the hydrocarbon vapors and gases so as to limit their emission to the atmosphere.

(V) Waxy, heavy pour crude oil—A crude oil with a pour point of fifty degrees Fahrenheit (50 °F) or higher compliant with ASTM D97-12 requirements as specified in 10 CSR 10-6.040(10).

(W) Definitions of certain terms specified (3) General Provisions.

(A) Petroleum Storage Tanks.

1. No owner or operator of petroleum storage tanks shall cause or permit the storage in any stationary storage tank of more than forty thousand (40,000) gallons capacity of any petroleum liquid having a true vapor pressure of one and one-half (1.5) pounds per square inch absolute (psia) or greater at ninety degrees Fahrenheit (90 °F), unless the storage tank is a pressure tank capable of maintaining working pressures sufficient at all times to prevent volatile organic compound (VOC) vapor or gas loss to the atmosphere or is equipped with one (1) of the following vapor loss control devices:

A. A floating roof, consisting of a pontoon type, double-deck type or internal floating cover, or external floating cover, that rests on the surface of the liquid contents and is equipped with a closure seal(s) to close the space between the roof edge and tank wall.

Storage tanks with external floating roofs shall meet the additional following requirements:

(I) The storage tank shall be fitted with either— (a) A continuous secondary seal extending from the floating roof to the tank wall (rim-mounted secondary seal); or (b) A closure or other device approved by the staff director that controls VOC emissions with an effectiveness equal to or greater than a seal required under subpart (3)(A)1.A.(I)(a) of this rule;

(II) All seal closure devices shall meet the following requirements:

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

(b) The seal(s) is intact and uniformly in place around the circumference of the floating roof between the floating roof and the tank wall; and (c) For vapor-mounted primary seals, the accumulated area of gaps exceeding 0.32 centimeters, one-eighth inch (1/8") width, between the secondary seal and the tank wall shall not exceed 21.2 cm per meter of tank diameter (1.0 in per foot of tank diameter);

(III) All openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves shall be equipped with— (a) Covers, seals, or lids in the closed position except when the openings are in actual use; and (b) Projections into the tank which remain below the liquid surface at all times;

(IV) Automatic bleeder vents shall be closed at all times except when the roof is floated off or landed on the roof leg supports;

(V) Rim vents shall be set to open when the roof is being floated off the leg supports or at the manufacturer’s recommended setting; and (VI) Emergency roof drains shall have slotted membrane fabric covers or equivalent covers which cover at least ninety percent (90%) of the area of the opening;

B. A vapor recovery system with all storage tank gauging and sampling devices gas-tight, except when gauging or sampling is taking place. The vapor disposal portion of the vapor recovery system shall consist of an adsorber system, condensation system, incinerator or equivalent vapor disposal system that processes the vapor and gases from the equipment being controlled; or C. Other equipment or means of equal efficiency for purposes of air pollution control as approved by the staff director.

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

3. Owners and operators of petroleum storage tanks subject to this subsection shall maintain written records of maintenance (both routine and unscheduled) performed on the tanks, all repairs made, the results of all tests performed, and the type and quantity of petroleum liquid stored in them.

4. This subsection does not apply to petroleum storage tanks which— A. Are used to store processed and/or treated petroleum or condensate when it is stored, processed, and/or treated at a drilling and production installation prior to custody transfer;

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

C. Are of welded construction, and equipped with a metallic-type shoe primary seal and have a shoe-mounted secondary seal or closure devices of demonstrated equivalence approved by the staff director; or D. Are used to store waxy, heavy pour crude oil.

(B) Gasoline Loading.

1. No owner or operator of a gasoline distribution facility or delivery vessel shall cause or permit the loading of gasoline into any delivery vessel from a distribution facility unless the distribution facility is equipped with a vapor recovery system or equivalent.

The delivery vessel must be in compliance with subsection (3)(D) of this rule.

2. Loading shall be accomplished in a manner that the displaced vapors and air will be vented only to the vapor recovery system.

Measures shall be taken to prevent liquid drainage from the loading device when it is not in use or to accomplish complete drainage before the loading device is disconnected.

The vapor disposal portion of the vapor recovery system shall consist of one (1) of the A. An adsorber system, condensation system, incinerator, or equivalent vapor disposal system that processes the vapors and gases from the equipment being controlled and limits the discharge of VOC into the atmosphere to ten (10) milligrams of VOC vapor per liter of gasoline loaded;

B. A vapor handling system that directs the vapor to a fuel gas system; or C. Other equipment of an efficiency equal to or greater than subparagraph (3)(B)2.A. or B. of this rule if approved by the staff director.

3. Owners and operators of distribution facilities subject to this subsection shall maintain complete records documenting the number of delivery vessels loaded and their owners.

4. This subsection does not apply to distribution facilities whose average monthly throughput of gasoline is less than or equal to one hundred twenty thousand (120,000) gallons when averaged over the most recent calendar year, provided that the installation loads gasoline by submerged loading.

A. Upon request of the director, these installations shall submit to the staff director, a report stating gasoline throughput for each month of the previous calendar year.

B. Delivery vessels purchased after April 30, 2004 shall be Stage I equipped.

C. Delivery vessels operated by an exempt installation shall not deliver to Stage I controlled tanks unless the delivery vessel is equipped with and employs Stage I controls.

(C) Gasoline Transfer at GDFs.

1. No owner or operator of a gasoline storage tank or delivery vessel shall cause or permit the transfer of gasoline from a delivery vessel into a gasoline storage tank with a capacity greater than five hundred fifty (550) gallons unless— A. The storage tank is equipped with a submerged fill pipe extending unrestricted to within six inches (6") of the bottom of the tank, and not touching the bottom of the tank, or the storage tank is equipped with a system that allows a bottom fill condition;

B. All storage tank caps and fittings are vapor-tight when gasoline transfer is not taking place; and C. Each storage tank is vented via a conduit that is— (I) At least two inches (2") inside diameter;

(II) At least twelve feet (12') in height above grade; and (III) Equipped with a pressure/vacuum valve that is CARB certified or equivalent as approved by the staff director. The pressure specifications for the pressure/vacuum valves shall be a positive pressure setting of two and one-half to six inches (2.5–6") of water and a negative pressure setting of six to ten inches (6.0–10.0”) of water.

2. Stationary storage tanks with a capacity greater than two thousand (2,000) gallons shall also be equipped with a Stage I vapor recovery system in addition to the requirements of paragraph (3)(C)1. of this rule and the delivery vessels to these tanks shall be in compliance with subsection (3)(D) of this

rule.

A. The vapor recovery system shall collect no less than ninety percent (90%) by volume of the vapors displaced from the stationary storage tank during gasoline transfer and shall return the vapors via a vapor-tight return line to the delivery vessel. After the effective date of this rule, all coaxial systems shall be equipped with poppeted fittings.

B. At the time of installation and every six (6) years thereafter, each Stage I vapor recovery system shall be tested according to subsection (5)(E) of this rule. The department must be notified at least seven (7) days prior to the test date to allow an observer to be present. It is not required for the department to be present to observe the test.

The test results must be submitted to the staff director within fourteen (14) days of test completion. Each system has to be capable of meeting the static pressure performance requirement of the following equation:

P f = 2e −760.490/v Where:

P f = Minimum allowable final pressure, inches of water. v = Total ullage affected by the test, gallons. e = Dimensionless constant equal to approximately 2.718. 2 = The initial pressure, inches water.

C. Pressure/vacuum valves shall be tested according to subsection (5)(D) of this

rule at the time of installation and every three (3) years thereafter. The department must be notified at least seven (7) days prior to the test date to allow an observer the opportunity to be present. It is not required for the department to be present to observe the test. The test results must be submitted to the staff director within fourteen (14) days of test completion. The pressure specifications for pressure vacuum valves must be a positive pressure setting of two and one-half to six inches (2.5–6") of water and a negative pressure setting of six to ten inches (6–10") of water. The leak rate of each pressure/vacuum valve shall not exceed four tenths (0.40) cubic foot per hour at a pressure of two inches (2.0") of water and four tenths (0.40) cubic foot per hour at a vacuum of four inches (4.0") of water.

D. A delivery vessel shall be refilled only at installations complying with the provisions of subsection (3)(B) of this rule.

E. This subsection shall not be construed to prohibit safety valves or other devices required by governmental regulations.

3. No owner or operator of a gasoline delivery vessel shall cause or permit the transfer of gasoline from a delivery vessel into a storage tank with a capacity greater than two thousand (2,000) gallons unless— A. The owner or operator employs one (1) vapor line per product line during the transfer. The staff director may approve other delivery systems upon submittal to the department of test data demonstrating compliance with subparagraph (3)(C)2.A. of this

rule;

B. Each vapor hose is no less than three inches (3") inside diameter;

C. Each product hose is less than or equal to four inches (4") inside diameter; and D. Any component of the vapor recovery system that is not preventing vapor emissions as designed is repaired.

4. The owner or operator of a vapor recovery system subject to subsection (3)(C) of this rule shall maintain records of inspection reports, enforcement documents, gasoline deliveries, routine and unscheduled maintenance, repairs, and all results of tests conducted. Unless otherwise specified in this

rule, records have to be kept for two (2) years and made available to the staff director within five (5) business days of a request.

5. The provisions of paragraph (3)(C)2. of this rule do not apply to transfers made to storage tanks equipped with floating roofs or their equivalent.

6. The provisions of paragraphs (3)(C) 1.–4. of this rule do not apply to stationary storage tanks having a capacity less than or equal to two thousand (2,000) gallons used exclusively for the fueling of implements of agriculture 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 gasoline delivery vessel which is loaded or unloaded at an installation subject to subsections (3)(B) or (C) of this rule unless— A. Cargo tank tightness test is conducted annually;

B. The owner or operator obtains the completed test results signed by a representative of the testing facility upon successful completion of the leak test;

C. The delivery vessel is repaired by the owner or operator and retested within fifteen (15) days of testing if it does not pass the cargo tank tightness test; and D. A copy of the vessel’s current cargo tank tightness test results are kept with the delivery vessel at all times and made immediately available to the staff director upon request.

2. This subsection shall not be construed to prohibit safety valves or other devices required by governmental regulations.

(E) Owner/Operator Compliance. The owner or operator of a vapor recovery system subject to this rule shall— 1. Operate the vapor recovery system and the gasoline loading equipment in a manner that prevents— A. Gauge pressure from exceeding four thousand five hundred (4,500) pascals (eighteen inches (18") of water) in the delivery vessel;

B. A reading equal to or greater than one hundred percent (100%) of the lower explosive limit (LEL, measured as propane) at two and one-half (2.5) centimeters from all points on the perimeter of a potential leak source when measured by Method 21— Determination of Volatile Organic Compound Leaks as specified in 10 CSR 10-6.030(22) during loading or transfer operations; and C. Visible liquid leaks during loading or transfer operation;

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

3. The owner or operator of a vapor recovery system subject to subsection (3)(E) of this rule shall maintain records of inspection reports, enforcement documents, gasoline deliveries, routine and unscheduled maintenance, repairs, and all results of tests conducted. Unless otherwise specified in this

rule, records shall be kept for two (2) years and made available to the staff director within five (5) business days of a request.

(4) Reporting and Record Keeping. The reporting and record keeping requirements are located in paragraphs (3)(A)3., (3)(B)3., (3)(C)4., and (3)(E)3. of this rule. In addition, all records shall be maintained for a minimum of two (2) years, and shall be made immediately available to inspectors upon (5) Test Methods.

(A) Testing procedures to determine compliance with subparagraph (3)(D)1.A. shall be performed according to 40 CFR 63.425(e), Subpart R. 40 CFR 63.425(e),

Subpart R, promulgated as of June 30, 2018 is hereby incorporated by reference in this

rule, as published by the Office of the Federal Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N.

Capitol Street NW, Washington, DC 20401.

This rule does not incorporate any subsequent amendments or additions.

(B) Testing procedures to determine compliance with subparagraph (3)(B)2.A. of this

rule shall be conducted using Method 25— Determination of Total Gaseous Nonmethane Organic Emissions as Carbon as specified in 10 CSR 10-6.030(22) or by any method determined by the staff director.

(C) The staff director, at any time, may monitor a delivery vessel, vapor recovery system or gasoline loading equipment by a method determined by the staff director to confirm continuing compliance with this rule.

(D) Testing procedures to determine compliance with subparagraph (3)(C)2.C. of this

rule shall be conducted using California Air Resources Board Vapor Recovery Test Procedure TP-201.1E—Leak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves, adopted October 8, 2003, or by any method determined by the staff director. Test Procedure TP-201.1E is hereby incorporated California Air Resources Board. Copies can be obtained from the California Air Resources Board, PO Box 2815, Sacramento, CA 95812. This rule does not incorporate any subsequent amendments or additions.

(E) Testing procedures to determine compliance with subparagraph (3)(C)2.B. of this

rule shall be conducted using California Air Resources Board Vapor Recovery Test Procedure TP-201.3—Determination of 2- Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities, adopted April 12, 1996, and amended March 17, 1999, or by any method determined by the staff director. Test Procedure TP-201.3 is hereby incorporated California Air Resources Board. Copies can be obtained from the California Air Resources Board, PO Box 2815, Sacramento, CA 95812. This rule does not incorporate any subsequent amendments or additions.

Original rule filed Jan. 15, 1979, effective June 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, effective May 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 April 1, 2002, effective Nov. 30, 2002. Amended:

Filed Aug. 15, 2003, effective April 30, 2004. Amended: Filed May 9, 2018, effective Feb. 28, 2019. 1992, 1993, 1995.

##### **10 CSR 10-2.270** Restriction of Emissions From Catalytic Cracking Units {#sec-10-csr-10-2.270 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.270}

Original rule filed July 16, 1979, effective Feb. 11, 1980. Rescinded: Filed Aug. 4, 1987, effective Nov. 23, 1987.

**History**
- *AUTHORITY: section 643.050, RSMo 1986.*

##### **10 CSR 10-2.280** Control of Emissions From Perchloroethylene Dry Cleaning Installations {#sec-10-csr-10-2.280 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.280}

(Rescinded January 30, 2003)

Original rule filed March 13, 1980, effective Sept. 12, 1980. Amended: Filed Nov. 10, 1981, effective May 13, 1982. Rescinded:

Filed May 21, 2002, effective Jan. 30, 2003.

**History**
- *AUTHORITY: Chapter 203, RSMo 1986.*

##### **10 CSR 10-2.290** Control of Emissions From Rotogravure and Flexographic Printing Facilities organic compound emissions from rotogravure and flexographic printing facilities. {#sec-10-csr-10-2.290 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.290}

(1) Application.

(A) This regulation shall apply throughout Clay, Jackson and Platte Counties.

(B) This regulation applies to installations with uncontrolled potential emissions equal to or greater than two hundred fifty kilograms (250 kg) per day or one hundred (100) tons (VOC) from the combination of rotogravure and flexographic printing presses. The uncontrolled potential emissions are the potential emissions (as defined) plus the amount by weight of VOCs whose emission into the atmosphere is prevented by the use of air pollution control devices.

(2) Definitions.

(A) Definitions of certain terms specified in this regulation may be found in 10 CSR 10- (B) The definition of a term specific to this

regulation is as follows: ink formulation, as applied, includes the base ink and any additives, such as thinning solvents, to make up the ink material that is applied to a substrate.

(3) Emission Limits.

(A) No owner or operator shall use or permit the use of any of the following printing presses unless they are equipped with a control device. The control device shall remove, destroy or prevent the emission of VOCs into the ambient air by at least the percentage indicated by weight of the uncontrolled VOC emissions on a daily basis.

Printing Press Percentage Flexographic 60 Publication Rotogravure 75 Other Rotogravure 65 (B) Low solvent technology may be used to achieve VOC emission reductions instead of the methods required in subsection (3)(A). If low solvent technology is used, the following limits must be met for each press:

1. For waterborne inks, the volatile portion of the ink as applied to the substrate must contain 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 at least sixty percent (60%) by volume non- VOC material.

(C) No owner or operator shall use or permit the use of any flexographic or rotogravure printing press that uses cleanup solvents containing VOCs unless— 1. The cleanup solvents are kept in tightly covered tanks or containers during transport and storage;

2. The cleaning cloths used with the cleanup solvents are placed in tightly closed containers when not in use and while awaiting off-site transportation. The cleaning cloths should be properly cleaned and disposed of.

The cloths, when properly cleaned or disposed of, are processed in a way that as much of the solvent as practicable is removed for some further use or destroyed. Cleaning and disposal methods shall be approved by the director; and 3. An owner or operator may use an alternate method for reducing cleanup solvent VOC emissions, including the use of low VOC cleanup solvents, if the owner or operator shows the emission reduction is equal to or greater than paragraphs (3)(C)1. and 2.

This alternate method must be approved by the director.

(4) Record Keeping.

(A) For owners or operators using an addon control device(s) to meet the requirements of subsection (3)(A), the following parameters shall be monitored and recorded to determine compliance with subsection (3)(A):

1. Exhaust gas temperature of all incinerators or temperature rise across a catalytic incinerator bed on a continuous basis;

2. VOC breakthrough on a carbon adsorption unit on a continuous basis;

3. Results of emissions testing as required in section (5) of this regulation when performed;

4. Maintenance, repairs and malfunction of any air pollution control equipment when performed; and 5. Any other monitoring parameter required by the director to determine compliance with subsection (3)(A).

(B) For owners or operators meeting the requirements of subsection (3)(B) for each ink formulation used, the following shall be recorded for each press to determine continuous compliance with subsection (3)(D):

1. Volume-weighted ink VOC content in percent by volume for each ink formulation as applied on a monthly basis;

2. Results of ink testing as required in

section (5) of this rule when performed; and 3. Any other information required by the director to determine compliance with sub-

section (3)(B).

(C) For owners and operators using low solvent technology without the use of control equipment to meet the requirements of sub-

section (3)(B), and for who subsection (4)(B) does not apply, the following shall be recorded to determine daily compliance with sub-

section (3)(B):

1. Volume-weighted ink VOC content in percent by volume for each ink formulation as applied on a monthly basis;

2. Ink usage in gallons for each ink formulation as applied on a daily basis for each press;

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

4. Volume-weighted average of the VOC content of each ink formulation as applied in percent by volume for each press on a daily

basis;

5. Ink water content in percent by volume for each ink formulation as applied on a daily basis for each press;

6. Ink exempt solvent content in percent by volume for each ink formulation as applied on a daily basis for each press;

7. Results of ink testing as required in

section (5) of this regulation when performed; and 8. Any other information required by the director to determine compliance with sub-

section (3)(B).

(D) Records of all information required in subsections (4)(A)–(C) shall be kept for at least two (2) years. These records shall be available immediately upon request for review by Department of Natural Resources personnel and other air pollution control agencies with proper authority.

(5) Determination of Compliance.

(A) Testing and compliance demonstrations for the emission limits of subsection (3)(A) shall follow the procedures contained in 10 CSR 10-6.030(14)(A) and 10 CSR 10- 6.030(20). The averaging time for these tests shall be three (3) one (1)-hour tests. These procedures will determine control device capture efficiency and destruction efficiency.

Control device testing will be required as the director determines necessary to verify the capture and destruction efficiencies. At a minimum, control device testing must be completed and submitted once to the appropriate air pollution control agency within one hundred eighty (180) days (August 4, 1992) after this provision of the regulation is effective (February 6, 1992), unless the director determines that a valid test is already on file.

Inlet and outlet gas temperature rise across a catalytic incinerator shall be used to determine daily compliance. These temperatures shall be monitored with an accuracy of the greater of plus or minus three-fourths percent (± 0.75%) of the temperature being measured expressed in degrees Celsius or two and one-half degrees Celsius (2.5 °C).

(B) Testing and compliance demonstrations for the emission limits of subsection (3)(B) shall follow the procedures contained in 10 CSR 10-6.030(14)(C). This procedure will determine the VOC content of inks. Ink testing will be required as the director determines necessary to verify the manufacturer’s formula specifications. At a minimum, ink testing will be required once after this provision of the regulation is effective (February 6, 1992). Ink manufacturer’s formula specifications shall be used to determine daily compliance.

(6) Compliance Dates.

(A) The owner or operator of a rotogravure or flexographic printing installation subject to this regulation must submit a final control plan to the director by December 31, 1980 for his/her approval. This plan must include the following:

1. A detailed plan of process modifications; and 2. A time schedule for compliance containing increments of progress and a final compliance date.

(B) Compliance with this regulation shall be accomplished by any installation as expeditiously as practicable, but in no case shall final compliance extend beyond December 31, 1982.

**History**
- *AUTHORITY: section 643.050, RSMo 1986. Original rule filed March 13, 1980, effective Sept. 12, 1980. Amended: Filed July 1, 1987, effective Dec. 24, 1987. Amended: Filed July 15, 1991, effective Feb. 6, 1992. transferred from 203.050 in 1986, 643.050, RSMo 1992, 1993.*

##### **10 CSR 10-2.300** Control of Emissions From the Manufacturing of Paints, Varnishes, Lacquers, Enamels and Other Allied Surface Coating Products {#sec-10-csr-10-2.300 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.300}

PURPOSE: This rule specifies operating equipment requirements and operating procedures for the reduction of volatile organic compounds from the manufacture of paints, varnishes, lacquers, enamels, and other allied surface coating products in Clay, al. The entire text of the rule is printed here.

(1) Applicability.

(A) This rule applies throughout Clay, (B) This rule applies to those facilities which have the uncontrolled potential to emit more than two hundred fifty kilograms per (VOCs) from the manufacture of paints, varnishes, lacquers, enamels, and other allied surface coating products.

(2) Definitions.

(A) Add-on control device—An air pollution control device, such as a thermal oxidizer or carbon adsorber, that reduces pollution in an air stream by destruction or removal before discharge to the atmosphere.

(B) Condenser—Any heat transfer device used to liquefy vapors by removing their latent heats of vaporization including, but not limited to, shell and tube, coil, surface, or contact condensers.

(C) Control device—Any equipment that reduces the quantity of a pollutant that is emitted to the air. The device may destroy or secure the pollutant for subsequent recovery.

Includes, but is not limited to, incinerators, carbon adsorbers, and condensers.

(D) Director—Director of the Missouri Department of Natural Resources or a representative designated to carry out the duties as described in 643.060, RSMo.

(E) Facility—All contiguous or adjoining property that is under common ownership or control, including properties that are separated only by a road or other public right-ofway.

(F) Paints and allied products—Materials such as paints, inks, adhesives, stains, varnishes, shellacs, putties, sealers, caulks, and other coatings from raw materials that are intended to be applied to a substrate and consists of a mixture of resins, pigments, solvents, and/or other additives.

(G) Paints, varnishes, lacquers, enamels, and other allied surface coating products manufacturing—The production of paints and allied products, the intended use of which is to leave a dried film of solid material on a substrate. Typically, the manufacturing processes that produce these materials are described by Standard Industry Classification (SIC) codes 285 or 289 and North American Industry Classification System (NAICS) codes 3255 and 3259 and are produced by physical means, such as blending and mixing, as opposed to chemical synthesis means, such as reactions and distillation. Paints, varnishes, lacquers, enamels, and other allied surface coating products manufacturing does not include:

1. The manufacture of products that do not leave a dried film of solid material on the substrate, such as thinners, paint removers, brush cleaners, and mold release agents;

2. The manufacture of electroplated and electroless metal films;

3. The manufacture of raw materials, such as resins, pigments, and solvents used in the production of paints and coatings; and 4. Activities by end users of paints or allied products to ready those materials for application.

(H) Potential to emit—The emission rates of any pollutant at maximum design capacity.

Annual potential shall be based on the maximum annual-rated capacity of the facility assuming continuous year-round operation.

Federally enforceable permit conditions on the type of materials combusted or processed, operating rates, hours of operation, and the application of air pollution control equipment shall be used in determining the annual potential. Secondary emissions do not count in determining annual potential.

(I) Volatile organic compound (VOC)—See definition in 10 CSR 10-6.020.

(3) General Provisions.

(A) Operating Equipment and Operating Procedure Requirements.

1. Tanks storing VOC with a vapor pressure greater than or equal to ten kilo pascals (10 kPa) (1.5 psi) at twenty degrees Celsius (20 o C), shall be equipped with pressure/vacuum conservation vents set at 0.2 kPa (0.029 psi), except where more effective air pollution control is used and has been approved by the director. Stationary VOC storage containers with a capacity greater than two hundred fifty (250) gallons shall be equipped with a submerged-fill pipe or bottom fill, except where more effective air pollution control is used and has been approved by the director.

2. Covers shall be installed on all opentop tanks used for the production of nonwater-based coating products and remain closed except when production, sampling, maintenance, or inspection procedures require operator access.

3. Covers shall be installed on all tanks containing VOC used for cleaning equipment and remain closed except when operator access is required.

4. All vapors from varnish cooking operations shall be collected and passed through a control device which removes at least eighty-five percent (85%) of the VOCs from these vapors before they are discharged to the atmosphere.

5. All grinding mills shall be operated and maintained in accordance with manufacturer’s specifications. The manufacturer’s specifications shall be kept on file and made available to the director upon his/her request.

6. The polymerization of synthetic varnish or resin shall be done in a completely enclosed operation with the VOC emissions controlled by the use of surface condensers or equivalent controls.

A. If surface condensers are used, the temperature of the exit stream shall not exceed the temperature at which the vapor pressure is 3.5 kPa (0.5 psi) for any organic compound in the exit stream.

B. If equivalent controls are used, the VOC emissions must be reduced by an amount equivalent to the reduction which would be achieved under subparagraph (3)(A)6.A.

Equivalent controls may not be used until proof of equivalency has been sub mitted to the department and approved by the director.

(B) Compliance Determination.

1. The VOC control efficiencies specified in paragraphs (3)(A)4. and (3)(A)6. shall be determined by the method in section (5) of 2. Owners or operators utilizing add-on control technology shall monitor the following parameters continuously while the affected equipment is in operation:

A. Exit stream temperature on all condensers;

B. Routine and unscheduled maintenance and repair activities on all air pollution control equipment; and C. Any other parameter which the director determines is necessary to quantify emissions or otherwise determine compliance with this regulation.

(4) Reporting and Record Keeping.

(A) Records shall be kept on production rates sufficient to determine daily VOC emissions and any equipment test results performed in accordance with this regulation.

(B) The owner or operator shall maintain all recorded information required under section (4) of this rule. All records shall be kept for at least two (2) years and made available to the director upon request.

(5) Test Methods. 40 CFR 60, Appendix A- 7, Method 25 as specified in 10 CSR 10- 6.030(22).

Original rule filed April 2, 1986, effective Sept. 26, 1986. Amended: Filed April 2, 1987, effective Aug. 27, 1987. Amended:

Filed Aug. 4, 1987, effective Dec. 12, 1987.

Amended: Filed May 9, 2018, effective Feb. 28, 2019.

##### **10 CSR 10-2.310** Control of Emissions From the Application of Automotive Underbody Deadeners {#sec-10-csr-10-2.310 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.310}

(Rescinded September 30, 2018)

Original rule filed July 1, 1987, effective Nov. 23, 1987. Rescinded: Filed Jan. 4, 2018, effective Sept. 30, 2018.

**History**
- *AUTHORITY: section 643.050, RSMo 1986.*

##### **10 CSR 10-2.320** Control of Emissions From Production of Pesticides and Herbicides {#sec-10-csr-10-2.320 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.320}

PURPOSE: This regulation restricts emissions of volatile organic compounds from the production of pesticides and herbicides.

(1) Applicability.

(A) This regulation applies throughout Clay, Jackson, and Platte Counties.

(B) This regulation applies to any pesticide or herbicide manufacturing installation with an uncontrolled potential to emit equal to or greater than two hundred fifty kilograms per (VOC). This regulation also applies to any installation which does not have an allowable VOC emission limit established under 10 CSR 10-6.060 or legally enforceable state implementation plan revision and which has uncontrolled potential emissions greater than or equal to two hundred fifty kilograms per per year of VOC. The uncontrolled potential to emit is the potential emissions (as defined) plus the emissions removed by control devices.

(C) This regulation does not apply to source operations used exclusively for chemical or physical analysis of determinations of product quality and commercial acceptance (such as pilot plant operations and laboratories) unless the operation is an integral part of the production process.

(2) Definitions of certain terms specified in this regulation may be found in 10 CSR 10- (3) General Provisions. All source operations in installations affected by this regulation that are venting emissions to VOC emission control devices as of November 23, 1987 shall be required to continue venting emissions to these control devices and these emissions shall be controlled to the extent required in this section. Any pesticide or herbicide manufacturing installation VOC emissions control devices subject to this regulation must achieve an instantaneous VOC destruction or removal efficiency greater than or equal to ninety-nine percent (99%).

(4) Reporting and Recordkeeping.

(A) Owners or operators utilizing thermal oxidizers as control technology must maintain adequate records of the combustion chamber temperature and residence time to determine the VOC control compliance.

Also, the owners or operators must maintain records of routine or unscheduled maintenance and repairs of the thermal oxidizers.

The director may require any other records of operating parameters as may be necessary to determine compliance.

(B) Owners or operators using other control technology shall maintain records of all operating parameters and routine or unscheduled maintenance and repairs of air pollution control equipment as may be required by the director to determine compliance.

(C) Records of all information required in subsections (4)(A) and (B) shall be kept for a period of not less than two (2) years and all these records shall be made available to the director upon his/her request.

(5) Test Methods.

(A) VOC compliance is to be determined by test method 25 as specified in 10 CSR 10- 6.030(22).

(B) For thermal oxidizers, compliance is to be determined by the combustion chamber temperature and residence time after adequate test results, as determined by the director, are provided by the owners or operators.

These test results are subject to periodic confirmation at the discretion of the director.

Combustion chamber gas temperature is to be monitored with an accuracy of the greater of ± 0.75% of the temperature being measured expressed in degrees Celsius or 2.5 degrees Celsius.

Original rule filed July 1, 1987, effective Nov. 23, 1987. Amended: Filed April 13, 2018, effective Jan. 30, 2019.

##### **10 CSR 10-2.330** Control of Gasoline Reid Vapor Pressure {#sec-10-csr-10-2.330 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.330}

(Rescinded September 30, 2020)

2012. Original rule filed Jan. 3, 1991, effective Aug. 30, 1991. Rescinded: Filed March 15, 1995, effective Nov. 30, 1995. Readopted:

Filed March 17, 1997, effective Oct. 30, 1997. Amended: Filed Sept. 26, 2000, effective May 30, 2001. Amended: Filed Oct. 25, 2012, effective July 30, 2013. ** Rescinded:

Filed Jan. 14, 2020, effective Sept. 30, 2020. **Pursuant to Executive Orders 20-04 and 20-10, 10 CSR 10-2.330 was suspended from May 6, 2020 through September 30, 2020.

**History**
- *AUTHORITY: section 643.050, RSMo Supp.*

##### **10 CSR 10-2.340** Control of Emissions From Lithographic and Letterpress Printing Operations organic compound emissions from lithographic and letterpress printing operations. {#sec-10-csr-10-2.340 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.340}

(1) Applicability.

(A) This regulation applies throughout Clay, Jackson, and Platte Counties.

(12/31/21) JOHN R. ASHCROFT

(B) This regulation shall apply to installations that have calculated actual volatile organic compound (VOC) emissions for a known number of crewed hours, increased by the amount by weight of VOCs whose emission into the atmosphere is prevented by the use of air pollution control devices and extrapolated to eight thousand seven hundred sixty (8,760) hours per year equal to or greater than one hundred (100) tons per year from offset lithographic and letterpress printing presses after December 9, 1991. The following factors shall be taken into consideration unless an alternative method is approved by the director:

1. Assume fifty percent (50%) of the solvent used for cleanup is retained in the rag(s) when the used solvent-laden rag(s) are cleaned or disposed of. The installation must demonstrate to the director that the solvents are not evaporated into the air when the waste rags are properly cleaned and disposed of;

2. Assume forty percent (40%) of the heatset ink oils stay in the paper web;

3. Assume no VOCs are emitted from the inks used in sheet-fed presses and nonheatset web presses; and 4. Assume that fifty percent (50%) of the alcohol from the fountain solution is emitted from the dryer.

(C) This regulation does not apply to— 1. Printing on fabric, metal, or plastic;

2. Sheet-fed lithographic and letterpress presses with cylinder widths of twenty-six inches (26") or less; or 3. Web lithographic and letterpress presses with cylinder widths of eighteen inches (18") or less.

(2) Definitions.

(A) Alcohol—Refers to isopropanol, isopropyl alcohol, normal propyl alcohol, or ethanol.

(B) Coating—A protective, decorative, or functional material applied in a thin layer to a surface. Such materials include, but are not limited to, paints, topcoats, varnishes, sealers, stains, washcoats, basecoats, inks, and temporary protective coatings.

(C) Fountain solution—The solution which is applied to the image plate to maintain the hydrophilic properties of the nonimage areas.

It is primarily water containing an etchant, gum arabic, and a dampening aid (commonly containing alcohol and alcohol substitutes).

(D) Heatset—A class of web-offset lithographic and letterpress printing in which the setting of the printing inks requires a heated dryer to evaporate the ink oils. The setting or curing of inks using only radiation (e.g., infrared, ultraviolet light, or electron beam) is not heatset and is classified as nonheatset.

(E) Letterpress printing—A printing process in which the image area is raised relative to the nonimage area, and the ink is transferred to the substrate directly from the image surface.

(F) Lithographic printing—A planographic printing process where the image and nonimage areas are chemically differentiated; the image area is oil receptive and the nonimage area is water receptive. This method differs from other printing methods, where the image is typically printed from a raised or recessed surface. Offset lithographic printing is the only common type of lithographic printing used for commercial printing.

(G) Offset lithographic printing—A printing process that transfers the ink film from the lithographic plate to an intermediary surface (rubber-covered blanket cylinder), which, in turn, transfers the ink film to the substrate.

(H) Sheet-fed—A printing press where individual sheets of substrate are fed into the press sequentially.

(I) Web—A printing process where a continuous roll of substrate is fed into the press.

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

(3) General Provisions.

(A) No owner or operator shall use or permit the use of any offset lithographic and letterpress printing press unless— 1. The fountain solution contains ten percent (10%) or less by weight of alcohol;

2. The fountain solution is refrigerated to a temperature of fifty-five degrees Fahrenheit (55°F) or less for alcohol-based solutions;

3. The fountain solution temperature at the mixing tank for alcohol-based solutions is monitored during each shift; and 4. The fountain solution mixing tanks are covered for alcohol-based solutions.

(B) No owner or operator shall use or permit the use of any offset lithographic and letterpress printing press that uses cleanup solvents containing VOCs unless— 1. The cleanup solvents are kept in tightly covered tanks or containers during transport and storage;

2. The cleaning cloths used with the cleanup solvents are placed in tightly closed containers when not in use and while awaiting off-site transportation. The cleaning cloths should be properly cleaned and disposed of.

The cloths, when properly cleaned or disposed of, are processed in a way that as much of the solvent, as practicable, is recovered for further use or destroyed. Cleaning and disposal methods shall be approved by the director; and 3. An owner or operator may use an alternate method for reducing cleanup solvent VOC emissions, including the use of low VOC cleanup solvents, if the owner or operator shows the emission reduction is equal to or greater than those in paragraphs (3)(B)1. and 2. This alternate method is approved by the director.

(C) No owner or operator shall use or permit the use of any heatset web-offset lithographic and letterpress printing press that uses a dryer that has ever had an actual emission rate of ten (10) tons per year or more VOCs after December 9, 1991, unless one hundred percent (100%) of the dryer exhaust is ducted to a control device that achieves eighty-five percent (85%) by weight or greater control efficiency.

(D) Use of emission control equipment requires that continuous monitors be installed, calibrated, operated, and maintained. The monitors continuously shall measure— 1. The exhaust gas temperature of all VOC destruction devices and the gas temperature immediately upstream and downstream of any catalytic bed with an accuracy of plus or minus 0.75% measured in degrees Celsius, or 2.5 degrees Celsius;

2. The cumulative amount of VOC recovered during a calendar month for all VOC recovery equipment attached to a dryer with an accuracy of plus or minus two percent (±2%); and 3. Any other parameters considered necessary by the director to verify proper operation of emission control equipment.

(4) Reporting and Record Keeping.

(A) All persons subject to this regulation shall maintain records that are— 1. Sufficient to determine continuous compliance with this regulation;

2. Retained for at least two (2) years;

3. Made available immediately upon request for review by Department of Natural Resources personnel and other air pollution control agencies with proper authority.

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

(C) For each regulated printing press, records shall be maintained to show— 1. Quantity of alcohol added to the fountain solution of each regulated press in pounds each month;

2. Percent of alcohol in fountain solution by weight as monitored on a once per shift

basis;

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

4. Maintenance records of any air pollution control equipment; and 5. The temperature of alcohol-based fountain solution as recorded on a once per shift basis.

(D) For each lithographic installation subject to this regulation, records shall be maintained to show— 1. Properties of heatset inks as applied (determined by the manufacturer’s formulation data), density of inks in pounds per gallon, and total VOC content in weight percent;

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

3. Quantity of cleanup solvents used on a monthly basis; and 4. Quantity of coatings used on a monthly basis and percent VOC in coating by weight on a formulation basis.

(E) The director may require other records as reasonable and necessary to carry out the provisions of the Missouri Air Conservation Law.

(F) All persons subject to the provisions of this regulation shall provide to the director for approval a demonstration of final compliance with subsection (3)(A)— 1. Upon startup of presses which are not 1991;

2. Within eighteen (18) months (June 9, 1993) after the effective date of this regulation (December 9, 1991) for all presses with a cylinder width of less than sixty inches (60") and all web presses with a cylinder width of sixty inches (60") or greater that are 1991; and 3. Within thirty-six (36) months (December 9, 1994) after the effective date of this regulation (December 9, 1991) for all sheet-fed presses with a cylinder width of sixty inches (60") or greater that are in existence and operating on December 9, 1991.

(G) All persons subject to the provisions of this regulation shall provide to the director for approval a demonstration of final compliance with subsections (3)(B) and (C) of this

rule— 1. Upon startup of presses which are not 1991; and 2. Within eighteen (18) months (June 9, 1993) after the effective date of this regulation for all presses that are in existence and operating December 9, 1991.

(H) All persons subject to the provisions of this regulation and not in compliance with all provisions of this regulation within twelve (12) months (December 9, 1992) from the effective date of this regulation (December 9, 1991) must submit a compliance plan to the director for approval. This plan must be received within six (6) months (June 9, 1992) after the effective date of this regulation (December 9, 1991). This plan must include the following:

1. A detailed plan of process modifications; and 2. A time schedule for compliance containing increments of progress, including:

A. Date of submittal of the source’s final control plan to the appropriate air pollution control agency;

B. Date by which contracts for emission control systems or process modifications will be awarded; or date by which orders will be issued for the purchase of component parts to accomplish emission control or process modification;

C. Date of initiation of on-site construction or installation of emission control equipment or process change;

D. Date by which on-site construction or installation of emission control equipment or process modification is to be completed;

E. Date by which final compliance is to be achieved.

(5) Test Methods.

(A) Testing and compliance demonstrations for subsection (3)(C) of this rule shall follow the procedures contained in 40 CFR

Part 60, Appendix A, Methods 25 or 25A as specified in 10 CSR 10-6.030(22).

(B) Testing and compliance demonstrations for paragraph (3)(A)1. of this rule shall be based on the results from a calibrated hydrometer or refractometer.

Original rule filed June 4, 1991, effective Dec. 9, 1991. Amended: Filed Jan. 13, 2003, effective Aug. 30, 2003. Amended: Filed April 13, 2018, effective Jan. 30, 2019.

##### **10 CSR 10-2.360** Control of Emissions From Bakery Ovens {#sec-10-csr-10-2.360 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.360}

(Rescinded September 30, 2018)

Original rule filed May 15, 1995, effective Dec. 30, 1995. Rescinded: Filed Jan. 4, 2018, effective Sept. 30, 2018.

**History**
- *AUTHORITY: section 643.050, RSMo 1994.*

##### **10 CSR 10-2.385** Control of Heavy-Duty Diesel Vehicle Idling Emissions {#sec-10-csr-10-2.385 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.385}

PURPOSE: The purpose of this rule is to implement restrictions on the idling of heavyduty diesel vehicles in the Kansas City Ozone Maintenance Area. The evidence supporting the need for this rule, per section 536.016, RSMo, is the federally approved 2007 Kansas City Maintenance Plan for the Control of Ozone.

(1) Applicability.

(A) This regulation applies throughout Clay, Platte, and Jackson Counties.

(B) This regulation applies to owners or operators of commercial, public, and institutional heavy-duty diesel vehicles that are designed to operate on public streets and highways, whether or not the vehicles are operated on public roadways.

(C) This regulation applies to owners and operators of load/unload locations where commercial, public, and institutional heavyduty diesel vehicles load or unload passengers.

(D) Passenger vehicles as defined in sub-

section (2)(H) of this rule are exempt from (2) Definitions.

(A) Auxiliary Power Unit (APU)—An integrated system that— 1. Provides heat, air conditioning, engine warming, or electricity to components on a heavy duty vehicle; and 2. Is certified by the Administrator under part 89 of title 40, Code of Federal Regulations (or any successor regulation), as meeting applicable emissions standards.

(B) Commercial Vehicle—Any motor vehicle, other than a passenger vehicle, and any trailer, semitrailer, or pole trailer drawn by such motor vehicle, that is designed, used, and maintained for the transportation of persons or property for hire, compensation, profit, or in the furtherance of a commercial enterprise.

(C) Gross Vehicle Weight Rating (GVWR)—The value specified by the manufacturer as the maximum design loaded weight of a single vehicle.

(D) Heavy Duty Diesel Vehicle—A vehicle that— 1. Has a gross vehicle weight rating greater than ten thousand pounds (10,000 lbs.);

2. Is powered by a diesel engine; and 3. Is designed primarily for transporting persons or property on a public street or highway.

(E) Idling—The operation of an engine where the engine is not engaged in gear.

(F) Institutional Vehicles—Any motor vehicle, other than a passenger vehicle, and any trailer, semitrailer, or pole trailer drawn by such a motor vehicle, that is designed, used, and maintained for the transportation of persons or property for an establishment, foundation, society, or the like, devoted to the (8/31/20) JOHN R. ASHCROFT promotion of a particular cause or program especially one of a public, educational, or charitable character.

(G) Load/Unload Locations—Distribution centers, warehouses, retail stores, railroad facilities, ports, and any other sites where heavy duty diesel vehicles may idle their engines while waiting to load or unload.

(H) Passenger Vehicle—Every motor vehicle, except motorcycles, motor-driven cycles, and ambulances, designed for carrying ten (10) passengers or less and used for the transportation of persons.

(I) Public Vehicles—Any motor vehicle, other than a passenger vehicle, and any trailer, semitrailer, or pole trailer drawn by such a motor vehicle, which is designed, used, and maintained for the transportation of persons or property at the public expense and under public control.

(J) Definitions of certain terms specified in this rule, other than those defined in this rule

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

(3) General Provisions.

(A) Passenger Load/Unload Locations. No passenger load/unload location owner or operator shall cause or allow vehicles covered by this rule to idle for a period greater than five (5) minutes in any sixty (60)-minute period.

(B) Requirement for Heavy-Duty Diesel Vehicles. No owner/operator of a heavy-duty diesel vehicle covered by this rule shall idle the vehicle for more than five (5) minutes in any sixty (60)-minute period except as noted in subsection (3)(C) of this rule.

(C) Exempt Idling Activities. The following activities are exempt from 10 CSR 10-2.385:

1. A heavy-duty diesel vehicle idling while forced to remain motionless because of road traffic, an official traffic control device or signal, or at the direction of a law enforcement official;

2. A heavy-duty diesel vehicle idling when operating defrosters, heaters, air conditioners, safety lights, or other equipment solely to prevent a safety or health emergency;

3. A police, fire, ambulance, public safety, utility service vehicle, military, other emergency or law enforcement vehicle, or any heavy-duty diesel vehicle being used in an emergency capacity, idling while in an emergency or training mode, and not for the convenience of the heavy-duty diesel vehicle operator;

4. The primary propulsion engine idling for maintenance, servicing, repairing, or diagnostic purposes if idling is necessary for such activity or if idling of the primary propulsion engine is being conducted in accordance with the manufacturer’s recommendations;

5. A heavy-duty diesel vehicle idling as

part of a state or federal inspection to verify that all equipment is in good working order, provided idling is required as part of the inspection;

6. A primary propulsion engine idling when necessary to power work related mechanical or electrical operations other than propulsion (e.g., mixing, operating hydraulic lifts, processing cargo, or straight truck refrigeration). This exemption does not apply when idling for cabin comfort or to operate non-essential onboard equipment;

7. An armored vehicle idling when a person remains inside the vehicle to guard the contents, or while the vehicle is being loaded or unloaded;

8. A bus idling for no greater than fifteen (15) minutes in any sixty (60)-minute period to maintain passenger comfort while non-driver passengers are onboard;

9. An occupied heavy-duty diesel vehicle with a sleeper berth compartment idling for purposes of air conditioning or heating during government mandated rest periods;

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

11. Heavy-duty diesel vehicles used exclusively for agricultural operations and only incidentally operated or moved upon public roads;

12. Operating an auxiliary power unit as an alternative to idling the main engine; and 13. A heavy-duty diesel vehicle idling for no greater than thirty (30) minutes in any sixty (60)-minute period while waiting to load or unload at a freight load/unload location.

(4) Reporting and Record Keeping. (Not Applicable)

(5) Test Methods. (Not Applicable)

Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011.

**History**
- *AUTHORITY: section 643.050, RSMo 2000. Original rule filed July 11, 2008, effective Feb. 28, 2009. Amended: Filed Oct. 28, 2011, effective July 30, 2012.*

##### **10 CSR 10-2.390** Kansas City Area Transportation Conformity Requirements {#sec-10-csr-10-2.390 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-2.390}

(Rescinded January 30, 2019)

Original rule filed Oct. 4, 1994, effective May 28, 1995. Amended: Filed May 1, 1996, effective Dec. 30, 1996. Amended: Filed June 15, 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. Rescinded: Filed April 10, 2018, effective Jan. 30, 2019.

**History**
- *AUTHORITY: section 643.050, RSMo 2000.*

### **Chapter 3** Air Pollution Control Rules Specific to the Outstate Missouri Area

##### **10 CSR 10-3.050** Restriction of Emission of Particulate Matter From Industrial Processes {#sec-10-csr-10-3.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.050}

##### **10 CSR 10-3.060** Maximum Allowable Emissions of Particulate Matter From Fuel {#sec-10-csr-10-3.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.060}

##### **10 CSR 10-3.070** Restriction of Particulate Matter From Becoming Airborne {#sec-10-csr-10-3.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.070}

##### **10 CSR 10-3.110** Rules for Controlling Emissions During Periods of High Air Pollution {#sec-10-csr-10-3.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.110}

##### **10 CSR 10-3.150** Restriction of Emissions of Sulfur Compounds {#sec-10-csr-10-3.150 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.150}

##### **10 CSR 10-3.160** Restriction of Emission of Fluorides From Diammonium Phosphate NATURAL RESOURCES Commission Specific to the Outstate Missouri Area {#sec-10-csr-10-3.160 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.160}

##### **10 CSR 10-3.010** Auto Exhaust Emission Controls {#sec-10-csr-10-3.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.010}

(Rescinded January 30, 2014)

1992. Original rule filed April 26, 1968, effective May 6, 1968. Amended: Filed Aug. 16, 1977, effective Feb. 11, 1978. Rescinded:

Filed June 3, 2013, effective Jan. 30, 2014.

Op. Atty. Gen. No. 331, Shell (11-15-71). does not have any specific authority to require the installation of emission monitoring devices, but does have the authority to require reports from sources of air pollution relating to rate, period of emission and composition of effluent, and to make such information available to the public, unless any such information is “confidential” as defined by section 203.050.4, RSMo 1969.

##### **10 CSR 10-3.020** Approval of Planned Installations {#sec-10-csr-10-3.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.020}

(Rescinded April 11, 1980)

Original rule filed Sept. 8, 1970, effective Sept. 18, 1970. Amended: Filed Jan. 31, Filed Aug. 25, 1972, effective Sept. 4, 1972. 11, 1978. Rescinded: Filed Dec. 10, 1979, effective April 11, 1980.

Op. Atty. Gen. No. 331, Shell (11-15-71). 1969, to provide for the equivalent of a construction permit system by promulgating rules to require the submission of plans and specifications for approval before any person may construct any facility which will cause air pollution, but that the commission has no such authority regarding an equivalent permit system for the operation of existing facilities which are the source of air pollution.

##### **10 CSR 10-3.030** Open Burning Restrictions {#sec-10-csr-10-3.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.030}

(Rescinded January 30, 2008)

1997. Original rule filed Sept. 8, 1970, effective Sept. 18, 1970. Amended: Filed Jan. 31, Amended: Filed Nov. 9, 1983, effective April 12, 1984. Amended: Filed Jan. 2, 1998, effective Aug. 30, 1998. Rescinded: Filed June 7, 2007, effective Jan. 30, 2008.

##### **10 CSR 10-3.040** Incinerators {#sec-10-csr-10-3.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.040}

(Rescinded December 9, 1991)

Original rule filed Sept. 8, 1970, effective Sept. 18, 1970. Amended: Filed Jan. 31, Amended: Filed Dec. 15, 1982, effective May 12, 1983. Amended: Filed Oct. 13, 1983, effective March 12, 1984. Rescinded: Filed May 20, 1991, effective Dec. 9, 1991.

**History**
- *AUTHORITY: section 203.050, RSMo 1986.*

##### **10 CSR 10-3.050** Restriction of Emission of Particulate Matter From Industrial Processes {#sec-10-csr-10-3.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.050}

(Rescinded March 30, 2001)

1998. Original rule filed March 24, 1971, effective April 3, 1971. Amended: Filed Jan. 31, 1972, effective Feb. 10, 1972. Amended: 11, 1978. Amended: Filed May 12, 1978, effective Oct. 11, 1978. Amended: Filed March 15, 1979, effective Nov. 11, 1979.

Amended: Filed Oct. 11, 1983, effective March 12, 1984. Amended: Filed June 15, 1998, effective Jan. 30, 1999. Amended:

Filed Feb. 16, 1999, effective Sept. 30, 1999.

Emergency amendment filed March 26, 1999, effective April 5, 1999, expired Oct. 1, 1999.

Rescinded: Filed Aug. 4, 2000, effective March 30, 2001.

##### **10 CSR 10-3.060** Maximum Allowable Emissions of Particulate Matter From Fuel Burning Equipment Used for Indirect Heating {#sec-10-csr-10-3.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.060}

(Rescinded October 30, 2011)

Original rule filed March 24, 1971, effective April 3, 1971. Amended: Filed Jan. 31, 11, 1978. Amended: Filed March 15, 1979, effective Nov. 11, 1979. Amended: Filed Oct. 13, 1983, effective March 12, 1984.

Amended: Filed March 14, 1984, effective Sept. 14, 1984. Amended: Filed April 1, 2002, effective Nov. 30, 2002. Rescinded:

Filed Feb. 25, 2011, effective Oct. 30, 2011.

##### **10 CSR 10-3.070** Restriction of Particulate Matter From Becoming Airborne {#sec-10-csr-10-3.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.070}

(Rescinded September 28, 1990)

Original rule filed July 13, 1971, effective July 23, 1971. Amended: Filed Jan. 31, 11, 1978. Amended: Filed May 11, 1984, effective Oct. 11, 1984. Rescinded: Filed March 5, 1990, effective Sept. 28, 1990.

**History**
- *AUTHORITY: section 203.050, RSMo 1986.*

##### **10 CSR 10-3.080** Restriction of Emission of Visible Air Contaminants {#sec-10-csr-10-3.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.080}

(Rescinded May 30, 2000)

1997. Original rule filed March 24, 1971, effective April 3, 1971. Amended: Filed Jan. 31, 1972, effective Feb. 10, 1972. Amended:

Filed Jan. 14, 1977, effective July 11, 1977. 11, 1978. Amended: Filed March 15, 1979, effective Nov. 11, 1979. Emergency amendment filed June 15, 1995, effective June 25, 1995, expired Oct. 22, 1995. Amended: Filed Sept. 14, 1995, effective May 30, 1996.

Amended: Filed June 15, 1998, effective Jan. 30, 1999. Rescinded: Filed Sept. 15, 1999, effective May 30, 2000.

##### **10 CSR 10-3.090** Restriction of Emission of Odors {#sec-10-csr-10-3.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.090}

(Rescinded November 30, 2010)

Original rule filed July 13, 1971, effective July 23, 1971. Amended: Filed Jan. 31, Filed Aug. 15, 1983, effective Jan. 13, 1984.

Amended: Filed Nov. 2, 1998, effective July 30, 1999. Amended: Filed Feb. 14, 2003, effective Sept. 30, 2003. Amended: Filed Dec. 4, 2006, effective July 30, 2007.

Rescinded: Filed April 14, 2010, effective Nov. 30, 2010.

**History**
- *AUTHORITY: section 643.050, RSMo 2000.*

##### **10 CSR 10-3.100** Restriction of Emission of Sulfur Compounds {#sec-10-csr-10-3.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.100}

(Rescinded July 30, 1997)

Original rule filed March 24, 1971, effective JOHNR. ASHCROFT(8/31/18)

April 3, 1971. Amended: Filed Jan. 31, Amended: Filed Oct. 14, 1977, effective March 11, 1978. Amended: Filed Aug. 11, 1978, effective April 12, 1979. Amended:

Filed July 1, 1986, effective Nov. 28, 1986.

Rescinded: Filed Dec. 13, 1996, effective July 30, 1997.

##### **10 CSR 10-3.110** Rules for Controlling Emissions During Periods of High Air Pollution Potential {#sec-10-csr-10-3.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.110}

(Rescinded October 11, 1984)

Original rule filed Jan. 31, 1972, effective Feb. 10, 1972. Rescinded: Filed May 11, 1984, effective Oct. 11, 1984.

Op. Atty. Gen. No. 331, Shell (11-15-71). 1969 to abate pollutant emissions on an emergency basis comparable to that available under 42 U.S.C.A. Section 1857d(k).

##### **10 CSR 10-3.120** Public Availability of Emission Data {#sec-10-csr-10-3.120 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.120}

(Rescinded November 12, 1984)

Original rule 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). does not have any specific authority to require the installation of emission monitoring devices, but does have the authority to require reports from sources of air pollution relating to rate, period of emission and composition of effluent and to make such information available to the public, unless any such information is “confidential” as defined by

section 203.050.4., RSMo 1969.

##### **10 CSR 10-3.130** Submission of Emission Information {#sec-10-csr-10-3.130 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.130}

(Rescinded November 12, 1984)

Original rule 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). 1969 necessary to inspect, conduct tests and obtain information, including the authority to require recordkeeping, to determine compliance with emission control rules.

##### **10 CSR 10-3.140** New Source Performance Regulations {#sec-10-csr-10-3.140 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.140}

(Rescinded April 11, 1980)

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). 1969 to adopt emission control rules, including limitations on the content of fuels, which will attain and maintain national air quality standards, if the state standards are the same or more stringent.

##### **10 CSR 10-3.150** Restriction of Emissions of Sulfur Compounds From Indirect Heating Sources {#sec-10-csr-10-3.150 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.150}

(Rescinded July 30, 1997)

Original rule filed Oct. 14, 1977, effective March 11, 1978. Rescinded: Filed Dec. 13, 1996, effective July 30, 1997.

##### **10 CSR 10-3.160** Restriction of Emission of Fluorides From Diammonium Phosphate Fertilizer Production {#sec-10-csr-10-3.160 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-3.160}

(Rescinded September 30, 2018)

Original rule filed Feb. 27, 1978, effective Dec. 11, 1978. Rescinded: Filed Jan. 4, 2018, effective Sept. 30, 2018.

4CODE OF STATE REGULATIONS

(8/31/18) JOHNR. ASHCROFT

### **Chapter 4** Air Quality Standards and Air Pollution Control Regulations for the Springfield-Greene County Area

##### **10 CSR 10-4.010** Ambient Air Quality Standards {#sec-10-csr-10-4.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-4.010}

(Rescinded February 11, 1978)

Dec. 15, 1969. Rescinded: Published Sept. 1, 1977, effective Feb. 11, 1978.

**History**
- *AUTHORITY: section 203.050 RSMo 1969.*

##### **10 CSR 10-4.020** Definitions {#sec-10-csr-10-4.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-4.020}

(Rescinded February 11, 1978)

Dec. 15, 1969. Rescinded: Published Sept. 1, 1977, effective Feb. 11, 1978.

**History**
- *AUTHORITY: section 203.050 RSMo 1969.*

##### **10 CSR 10-4.030** Restriction of Emissions of Particulate Matter From Industrial Processes {#sec-10-csr-10-4.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-4.030}

(Rescinded March 30, 2001)

Dec. 15, 1969. Amended: Filed June 30, 1975, effective July 10, 1975. Amended:

Filed March 15, 1979, effective Nov. 11, 1979. Amended: Filed Oct. 13, 1983, effective March 12, 1984. Rescinded: Filed Aug. 4, 2000, effective March 30, 2001.

##### **10 CSR 10-4.040** Maximum Allowable Emission of Particulate Matter From Fuel Burning Equipment Used for Indirect Heating {#sec-10-csr-10-4.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-4.040}

(Rescinded October 30, 2011)

Dec. 15, 1969. Amended: Filed March 15, 1979, effective Nov. 11, 1979. Amended:

Filed Oct. 13, 1983, effective March 12, 1984. Amended: Filed March 14, 1984, effective Sept. 14, 1984. Amended: Filed April 1, 2002, effective Nov. 30, 2002.

Rescinded: Filed Feb. 25, 2011, effective Oct. 30, 2011.

**History**
- *AUTHORITY: section 643.050, RSMo 2000.*

##### **10 CSR 10-4.050** Preventing Particulate Matter From Becoming Airborne {#sec-10-csr-10-4.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-4.050}

(Rescinded September 28, 1990)

Dec. 15, 1969. Amended: Filed May 11, 1984, effective Oct. 11, 1984. Rescinded:

Filed March 5, 1990, effective Sept. 28, 1990.

##### **10 CSR 10-4.060** Restrictions of Emission of Visible Air Contaminants {#sec-10-csr-10-4.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-4.060}

(Rescinded May 30, 2000)

Dec. 15, 1969. Amended: Filed Jan. 14, 1977, effective July 11, 1977. Rescinded:

Filed Sept. 15, 1999, effective May 30, 2000.

##### **10 CSR 10-4.070** Restriction of Emission of Odors {#sec-10-csr-10-4.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-4.070}

(Rescinded November 30, 2010)

Dec. 15, 1969. Amended: Filed Aug. 15, 1983, effective Jan. 13, 1984. Amended:

Filed Nov. 2, 1998, effective July 30, 1999.

Amended: Filed Feb. 14, 2003, effective Sept. 30, 2003. Amended: Filed Dec. 4, 2006, effective July 30, 2007. Rescinded: Filed April 14, 2010, effective Nov. 30, 2010.

**History**
- *AUTHORITY: section 643.050, RSMo 2000.*

##### **10 CSR 10-4.080** Incinerators {#sec-10-csr-10-4.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-4.080}

(Rescinded December 9, 1991)

Dec. 15, 1969. Amended: Filed Dec. 15, 1982, effective May 12, 1983. Amended:

Filed Oct. 13, 1983, effective March 12, 1984. Rescinded: Filed May 20, 1991, effective Dec. 9, 1991.

##### **10 CSR 10-4.090** Open Burning Restrictions {#sec-10-csr-10-4.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-4.090}

(Rescinded January 30, 2008)

Dec. 15, 1969. Amended: Filed Nov. 9, 1983, effective April 12, 1984. Rescinded: Filed June 7, 2007, effective Jan. 30, 2008.

##### **10 CSR 10-4.100** Approval of Planned Installations {#sec-10-csr-10-4.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-4.100}

(Rescinded April 11, 1980)

Dec. 15, 1969. Amended: Filed Aug. 25, 1972, effective Sept. 4, 1972. Amended:

Filed Aug. 16, 1977, effective Feb. 11, 1978.

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

Op. Atty. Gen. No. 331, Shell, 11-15-71.

(1969) to provide for the equivalent of a construction permit system by promulgating regulations to require the submission of plans and specifications for approval before any person may construct any facility which will cause air pollution, but that the commission has no such authority regarding an equivalent permit system for the operation of existing facilities which are the source of air pollution.

##### **10 CSR 10-4.110** Measurement of Emissions of Air Contaminants {#sec-10-csr-10-4.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-4.110}

(Rescinded April 9, 1992)

Original rule field Dec. 5, 1969, effective Dec. 15, 1969. Rescinded: Filed Oct. 16, 1991, effective April 9, 1992.

##### **10 CSR 10-4.120** Submission of Emission Information {#sec-10-csr-10-4.120 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-4.120}

(Rescinded November 12, 1984)

Dec. 15, 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. does not have any specific authority to require the installation of emission monitoring devices, but does have the authority to require reports from sources of air pollution relating to rate, period of emission and composition of effluent and to make this information available to the public, unless any such information is “confidential” as defined by

section 203.050.4, RSMo (1969).

##### **10 CSR 10-4.130** Circumvention {#sec-10-csr-10-4.130 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-4.130}

(Rescinded September 28, 1990)

ROBINCARNAHAN(9/30/11)

Regulations for the Springfield-Greene County Area10 CSR 10-4 Dec. 15, 1969. Rescinded: Filed April 18, 1990, effective Sept. 28, 1990.

##### **10 CSR 10-4.140** Time Schedule for Compliance {#sec-10-csr-10-4.140 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-4.140}

(Rescinded December 30, 2008)

Dec. 15, 1969. Rescinded: Filed April 17, 2008, effective Dec. 30, 2008.

##### **10 CSR 10-4.150** Restriction of Emission of Sulfur Compounds {#sec-10-csr-10-4.150 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-4.150}

(Rescinded July 30, 1997)

Dec. 15, 1969. Amended: Filed Jan. 31, 1972, effective Feb. 9, 1972. Amended: Filed Oct. 14, 1977, effective March 11, 1978.

Rescinded: Filed Dec. 13, 1996, effective July 30, 1997.

##### **10 CSR 10-4.160** Rules for Controlling Emissions During Periods of High Air Pollution Potential {#sec-10-csr-10-4.160 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-4.160}

(Rescinded October 11, 1984)

Original rule filed Jan. 31, 1972, effective Feb. 10, 1972. Rescinded: Filed May 11, 1984, effective Oct. 11, 1984.

Op. Atty. Gen. No. 331, Shell, 11-15-71.

(1969) to abate pollutant emissions on an emergency basis comparable to that available under 42 USCA, Section 1857d(k).

##### **10 CSR 10-4.170** Public Availability of Emission Data {#sec-10-csr-10-4.170 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-4.170}

(Rescinded November 12, 1984)

Original rule 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. does not have any specific authority to require the installation of emission monitoring devices, but does have the authority to require reports from sources of air pollution relating to rate, period of emission and composition of effluent and to make such information available to the public, unless any such information is “confidential” as defined by section 203.050.4, RSMo (1969).

##### **10 CSR 10-4.180** New Source Performance Regulations {#sec-10-csr-10-4.180 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-4.180}

(Rescinded April 11, 1980)

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.

(1969) to adopt emission control regulations, including limitations on the content of fuels, which will attain and maintain national air quality standards, if the same standards are the same or more stringent.

##### **10 CSR 10-4.190** Restriction of Emission of Sulfur Compounds From Indirect Heating Sources {#sec-10-csr-10-4.190 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-4.190}

(Rescinded July 30, 1997)

Original rule filed Oct. 14, 1977, effective March 11, 1978. Rescinded: Filed Dec. 13, 1996, effective July 30, 1997.

4CODE OF STATE REGULATIONS

(9/30/11) ROBINCARNAHAN

### **Chapter 5** Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area

##### **10 CSR 10-5.030** Maximum Allowable Emission of Particulate Matter From Fuel Burning {#sec-10-csr-10-5.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.030}

##### **10 CSR 10-5.050** Restriction of Emission of Particulate Matter From Industrial Processes {#sec-10-csr-10-5.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.050}

##### **10 CSR 10-5.060** Refuse Not to be Burned in Fuel Burning Installations {#sec-10-csr-10-5.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.060}

##### **10 CSR 10-5.090** Restriction of Emission of Visible Air Contaminants {#sec-10-csr-10-5.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.090}

##### **10 CSR 10-5.100** Preventing Particulate Matter From Becoming Airborne {#sec-10-csr-10-5.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.100}

##### **10 CSR 10-5.110** Restrictions of Emission of Sulfur Dioxide for Use of Fuel {#sec-10-csr-10-5.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.110}

##### **10 CSR 10-5.120** Information on Sales of Fuels to be Provided and Maintained {#sec-10-csr-10-5.120 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.120}

##### **10 CSR 10-5.140** Emission of Certain Settleable Acids and Alkaline Substances Restricted {#sec-10-csr-10-5.140 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.140}

##### **10 CSR 10-5.180** Emission of Visible Air Contaminants From Internal Combustion Engine {#sec-10-csr-10-5.180 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.180}

##### **10 CSR 10-5.240** Additional Air Quality Control Measures May be Required When {#sec-10-csr-10-5.240 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.240}

##### **10 CSR 10-5.260** Rules for Controlling Emissions During Periods of High Air {#sec-10-csr-10-5.260 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.260}

##### **10 CSR 10-5.290** More Restrictive Emission Limitations for Particulate Matter in the {#sec-10-csr-10-5.290 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.290}

##### **10 CSR 10-5.320** Control of Emissions From Perchloroethylene Dry Cleaning Installations {#sec-10-csr-10-5.320 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.320}

##### **10 CSR 10-5.340** Control of Emissions From Rotogravure and Flexographic Printing {#sec-10-csr-10-5.340 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.340}

##### **10 CSR 10-5.350** Control of Emissions From Manufacture of Synthesized {#sec-10-csr-10-5.350 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.350}

##### **10 CSR 10-5.360** Control of Emissions From Polyethylene Bag Sealing Operations {#sec-10-csr-10-5.360 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.360}

##### **10 CSR 10-5.370** Control of Emissions From the Application of Deadeners and Adhesives {#sec-10-csr-10-5.370 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.370}

##### **10 CSR 10-5.390** Control of Emissions From the Manufacturing of Paints, Varnishes, Lacquers, {#sec-10-csr-10-5.390 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.390}

##### **10 CSR 10-5.400** Control of Emissions From Production of Maleic Anhydride {#sec-10-csr-10-5.400 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.400}

##### **10 CSR 10-5.410** Control of Emissions From Manufacture of Polystyrene Resin {#sec-10-csr-10-5.410 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.410}

##### **10 CSR 10-5.420** Control of Equipment Leaks From Synthetic Organic Chemical {#sec-10-csr-10-5.420 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.420}

##### **10 CSR 10-5.430** Control of Emissions From the Surface Coating of Chrome-Plated {#sec-10-csr-10-5.430 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.430}

##### **10 CSR 10-5.450** Control of VOC Emissions from Traffic Coatings {#sec-10-csr-10-5.450 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.450}

##### **10 CSR 10-5.455** Control of Emissions From Industrial Solvent Cleaning Operations {#sec-10-csr-10-5.455 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.455}

##### **10 CSR 10-5.520** Control of Volatile Organic Compound Emissions From Existing {#sec-10-csr-10-5.520 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.520}

##### **10 CSR 10-5.530** Control of Volatile Organic Compound Emissions From Wood {#sec-10-csr-10-5.530 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.530}

##### **10 CSR 10-5.550** Control of Volatile Organic Compound Emissions From Reactor Processes and Distillation Operations Processes in the Synthetic Organic NATURAL RESOURCES Commission Air Pollution Control Rules Specific to the St. Louis Metropolitan Area {#sec-10-csr-10-5.550 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.550}

##### **10 CSR 10-5.010** Ambient Air Quality Standards March 24, 1967. Amended: Filed Jan. 2, 1970, effective Jan. 12, 1970. Rescinded: published Sept. 1, 1977, effective Feb. 11, 1978. {#sec-10-csr-10-5.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.010}

##### **10 CSR 10-5.020** Definitions Original rule March 14, 1967, effective published Sept. 1, 1977, effective Feb. 11, 1978. {#sec-10-csr-10-5.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.020}

##### **10 CSR 10-5.030** Maximum Allowable Emission of Particulate Matter From Fuel Burning Equipment Used for Indirect Heating {#sec-10-csr-10-5.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.030}

(Rescinded October 30, 2011)

March 24, 1967. Rescinded and readopted:

Filed Aug. 11, 1978, effective Feb. 11, 1979.

Amended: Filed March 14, 1984, effective Sept. 14, 1984. Rescinded: Filed Feb. 25, 2011, effective Oct. 30, 2011.

##### **10 CSR 10-5.040** Control of Emissions From Hand-Fired Equipment {#sec-10-csr-10-5.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.040}

PURPOSE: This rule sets conditions and restrictions for the operation of hand-fired fuel-burning equipment in the St. Louis Metropolitan Area.

(1) Applicability. This rule shall apply to all hand-fired, fuel-burning equipment at commercial facilities, including, but not limited to furnaces, heating and cooking stoves, and hot water furnaces with the exception of the (A) Fires used for recreational purpose;

(B) Fires used solely for the preparation of food by barbecuing;

(C) Wood-burning fireplaces in commercial facilities that are part of the building décor and are not intended to supply building heat;

(D) Ovens that only burn wood, charcoal, or anthracite coal for pizzas or bakery products;

(E) Craftsman, hobbyist, horseshoe, and rivet blacksmith forges that only burn charcoal, coking coal, or coke; and (F) Wood and coal-fired educational, hobbyist, or recreational steam engines or tractors for demonstrations.

(2) Definitions.

(A) Clean wood—Wood that has not been treated (including, but not limited to, treatment with copper chromium arsenate, creosote, or pentachlorophenol) and has no paint, stain, or any other type of coating.

(B) Definitions of certain terms specified (3) General Provisions. No owner or operator shall operate applicable hand-fired, fuelburning equipment unless the following conditions are met:

(A) Hand-fired equipment shall be operated to minimize emissions at all times. This includes, but is not limited to, following all manufacturers’ operation and maintenance guidelines;

(B) Hand-fired equipment must be commercially manufactured;

(C) Hand-fired equipment may only burn process waste generated onsite;

(D) Equipment shall have a permanent stack extending five feet (5') higher than the peak of any roof structure located within one hundred fifty feet (150');

(E) Fuel shall be clean wood with a moisture content less than or equal to twenty-five percent (25%); and (F) Each piece of equipment shall burn no more than thirty (30) tons of fuel per calendar year.

(4) Reporting and Record Keeping.

(A) The owner or operator of hand-fired equipment subject to this rule shall keep records necessary to determine compliance.

(B) Records verifying that only dry wood was used for fuel may be used to demonstrate compliance with the moisture content requirement.

(C) Records required under subsections (4)(A) and (4)(B) of this rule shall be retained by the owner or operator for a minimum of five (5) years. These records shall be made (5) Test methods. (Not Applicable) 2011.* Original rule filed March 14, 1967, effective March 24, 1967. Amended: Filed Sept. 26, 2011, effective May 30, 2012. 1972, 1992, 1993, 2011.

##### **10 CSR 10-5.050** Restriction of Emission of Particulate Matter From Industrial Processes {#sec-10-csr-10-5.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.050}

(Rescinded March 30, 2001)

March 24, 1967. Amended: Filed June 30, 1975, effective July 10, 1975. Amended:

Filed March 15, 1979, effective Nov. 11, 1979. Amended: Filed Oct. 13, 1983, effective March 12, 1984. Rescinded: Filed Aug. 4, 2000, effective March 30, 2001.

##### **10 CSR 10-5.060** Refuse Not to be Burned in Fuel Burning Installations {#sec-10-csr-10-5.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.060}

(Rescinded February 11, 1979)

March 24, 1967. Rescinded: Filed Aug. 11, 1978, effective Feb. 11, 1979.

**History**
- *AUTHORITY: section 203.050, RSMo 1975.*

##### **10 CSR 10-5.070** Open Burning Restric- {#sec-10-csr-10-5.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.070}

(Rescinded January 30, 2008)

March 24, 1967. Amended: Filed Nov. 9, 1983, effective April 12, 1984. Amended:

Filed June 30, 1994, effective Jan. 29, 1995.

Rescinded: Filed June 7, 2007, effective Jan. 30, 2008.

##### **10 CSR 10-5.080** Incinerators {#sec-10-csr-10-5.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.080}

(Rescinded December 9, 1991)

March 24, 1967. Amended: Filed Dec. 15, 1982, effective May 12, 1983. Amended:

Filed June 15, 1983, effective Nov. 11, 1983.

Amended: Filed Oct. 13, 1983, effective March 12, 1984. Rescinded: Filed May 20, 1991, effective Dec. 9, 1991.

##### **10 CSR 10-5.090** Restriction of Emission of Visible Air Contaminants {#sec-10-csr-10-5.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.090}

(Rescinded May 30, 2000)

March 24, 1967. Amended: Filed Jan. 14, 1977, effective July 11, 1977. Rescinded:

Filed Sept. 15, 1999, effective May 30, 2000.

##### **10 CSR 10-5.100** Preventing Particulate Matter From Becoming Airborne {#sec-10-csr-10-5.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.100}

(Rescinded September 28, 1990)

March 24, 1967. Amended: Filed June 30, 1975, effective July 10, 1975. Amended:

Filed May 11, 1984, effective Oct. 11, 1984.

Rescinded: Filed March 5, 1990, effective Sept. 28, 1990.

##### **10 CSR 10-5.110** Restrictions of Emission of Sulfur Dioxide for Use of Fuel {#sec-10-csr-10-5.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.110}

(Rescinded July 30, 1997)

March 24, 1967. Amended: Filed Sept. 14, 1978, effective April 12, 1979. Rescinded:

Filed Dec. 13, 1996, effective July 30, 1997.

**History**
- *AUTHORITY: section 643.050, RSMo 1986.*

##### **10 CSR 10-5.120** Information on Sales of Fuels to be Provided and Maintained March 24, 1967. Rescinded: Filed Jan. 4, 2018, effective Sept. 30, 2018. {#sec-10-csr-10-5.120 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.120}

Op. Atty. Gen. No. 331, Shell (11-15-71). ing devices, but does have the authority to position of effluent, and to make such information available to the public, unless any such information is “confidential” as defined by section 203.050.4, RSMo (1969). The Missouri Air Conservation Commission has the authority under Chapter 203, RSMo (1969) to adopt emission control regulations, including limitations on the content of fuels, which will attain and maintain national air quality standards, if the state standards are the same or more stringent.

##### **10 CSR 10-5.130** Certain Coals to be Washed 2011. Original rule filed March 14, 1967, effective March 24, 1967. Amended: Filed Sept. 16, 2011, effective May 30, 2012. {#sec-10-csr-10-5.130 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.130}

Rescinded: Filed Jan. 4, 2018, effective Sept. 30, 2018.

##### **10 CSR 10-5.140** Emission of Certain Settleable Acids and Alkaline Substances Restricted March 24, 1967. Rescinded: published Sept. 1, 1977, effective Feb. 11, 1978. {#sec-10-csr-10-5.140 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.140}

##### **10 CSR 10-5.150** Emission of Certain Sulfur Compounds Restricted {#sec-10-csr-10-5.150 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.150}

(Rescinded July 30, 1997)

March 24, 1967. Amended: Filed Aug. 11, 1978, effective March 11, 1979. Rescinded:

Filed Dec. 13, 1996, effective July 30, 1997.

**History**
- *AUTHORITY: section 643.050, RSMo 1996.*

##### **10 CSR 10-5.160** Control of Odors in the Ambient Air {#sec-10-csr-10-5.160 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.160}

(Rescinded November 30, 2010)

March 24, 1967. Amended: Filed Aug. 15, 1983, effective Jan. 13, 1984. Amended:

Filed Nov. 2, 1998, effective July 30, 1999.

Amended: Filed Feb. 14, 2003, effective Sept. 30, 2003. Amended: Filed Dec. 4, 2006, effective July 30, 2007. Rescinded: Filed April 14, 2010, effective Nov. 30, 2010.

**History**
- *AUTHORITY: section 643.050, RSMo 2000.*

##### **10 CSR 10-5.170** Control of Odors From Processing of Animal Matter {#sec-10-csr-10-5.170 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.170}

PURPOSE: This rule establishes methods and procedures for odor control during the processing of animal matter.

(1) General.

(A) For purposes of this regulation the word reduction is defined as any heated process, including rendering, cooking, drying, dehydrating, digesting, evaporating and protein concentrating. Animal matter is de fined as any product or derivative of animal life.

(B) The provisions of this regulation shall not apply to any device, machine, equipment or other contrivance used exclusively for the processing of food for human consumption in food service establishments.

(C) For purposes of this regulation, a food service establishment shall be defined as follows: any fixed or mobile restaurant; coffee shop; cafeteria; short order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; night club; roadside stand; industrial feeding establishment; private, public or nonprofit organization or institution routinely serving food; catering kitchen, commissary or similar place in which food or drink is placed for sale or for service on the premises or elsewhere; and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.

(2) Odor Control Equipment Required on Reduction Processes.

(A) No person shall operate or use any device, machine, equipment or other contrivance for the reduction of animal matter unless all gases, vapors and gas-entrained effluents from the facility are incinerated at a temperature of not less than twelve hundred degrees Fahrenheit (1200 °F) for a period of not less than 0.3 second, or processed in a manner as determined by the director to be equally or more effective for the purpose of air pollution control.

(B) A person incinerating or processing gases, vapors or gas-entrained effluents pursuant to this rule shall provide, properly install and maintain, in good working order and in operation, devices as specified by the director for indicating temperature, pressure or other operating conditions.

(3) Other Odor Control Measures Required.

(A) Effective devices and/or measures shall be installed and operated so that no vent, exhaust pipe, blow-off pipe or opening of any kind shall discharge into the outdoor air any odorous matter, vapors, gases or dusts or any combination which create odors or other nuisances in the neighborhood of the plant.

(B) Odor-producing materials shall be stored and handled in a manner so that odors produced from the materials are confined.

Accumulation of odor-producing materials resulting from spillage or other escape is prohibited.

(C) Odor-bearing gases, vapors, fumes or dusts arising from materials in process shall be confined at the point of origin so as to prevent liberation of odorous matter. Confined (8/31/18) JOHN R. ASHCROFT gases, vapors, fumes or dusts shall be treated before discharge to the atmosphere, as required in subsection (3)(A).

(4) Enclosure of Building May Be Required.

Whenever dust, fumes, gases, mist, odorous matter, vapors or any combination thereof escape from a building used for processing of animal matter in a manner and amount as to cause a violation of 10 CSR 10-5.160, the director may order that the building(s) in which processing, handling and storage are done be tightly closed and ventilated in a way that all air and gases and air or gas-borne material leaving the building are treated by incineration or other effective means for removal or destruction of odorous matter or other air contaminants before discharge into the open air.

March 24, 1967. Amended: Filed July 19, 2002, effective April 30, 2003.

##### **10 CSR 10-5.180** Emission of Visible Air Contaminants From Internal Combustion Engine {#sec-10-csr-10-5.180 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.180}

(Rescinded November 30, 2002)

March 24, 1967. 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 to inspect for “air pollution control devices” which may be installed on motor vehicles as a requirement to comply with applicable emission regulations, but whether the regulations and inspections would accomplish the

purpose of “enforcing compliance with applicable emission standards” which are federal standards, and whether the preemption provision of 42 U.S.C.A., Section 1857f-6a, has been complied with are questions that only the appropriate federal officials can answer.

##### **10 CSR 10-5.190** Approval of Planned Installations {#sec-10-csr-10-5.190 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.190}

(Rescinded April 11, 1980) 1972, effective Feb. 10, 1972. Amended:

Filed Aug. 25, 1972, effective Sept. 4, 1972.

Amended: Filed Aug. 16, 1977, effective Feb. 11, 1978. Rescinded: Filed Dec. 10, 1979, effective April 11, 1980.

Op. Atty. Gen. No. 331, Shell (11-15-71).

(1969) to provide for the equivalent of a construction permit system by promulgating regulations to require the submission of plans and specifications for approval before any person may construct any facility which will cause air pollution, but that the commission has no such authority regarding an equivalent permit system for the operation of existing facilities which are the source of air pollution.

##### **10 CSR 10-5.200** Measurement of Emissions of Air Contaminants {#sec-10-csr-10-5.200 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.200}

(Rescinded April 9, 1992)

March 24, 1967. Rescinded: Filed Oct. 16, 1991, effective April 9, 1992.

##### **10 CSR 10-5.210** Submission of Emission Information {#sec-10-csr-10-5.210 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.210}

(Rescinded November 12, 1984)

March 24, 1967. 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). ing devices, but does have the authority to position of effluent, and to make such information available to the public, unless any such information is “confidential” as defined by section 203.050.4, RSMo (1969).

##### **10 CSR 10-5.220** Control of Emissions During Petroleum Liquid Storage, Loading, and Transfer ic compound emissions from the handling of petroleum liquids in five specific areas: petroleum storage tanks with a capacity greater than forty thousand gallons, the loading of gasoline into delivery vessels, the transfer of gasoline from delivery vessels into storage containers, gasoline delivery vessels and the fueling of motor vehicles from storage containers. {#sec-10-csr-10-5.220 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.220}

This rule is necessary to achieve the federally mandated reduction of hydrocarbon emissions in the St. Louis metropolitan area that contribute to the formation of ozone.

rial. The entire text of the rule is printed (1) Applicability.

(A)

This rule applies throughout St. Louis (B) Compliance with this rule does not relieve the owner or operator of the responsibility to comply with other applicable governmental requirements.

(C) Exemptions to This Rule and/or Specific Areas of This Rule.

1. Petroleum storage tanks. Subsection (3)(A) of this rule does not apply to petroleum storage tanks that— A. Store processed and/or treated petroleum or condensate at a drilling and production installation prior to custody transfer;

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

C. Are welded construction, and equipped with a metallic-type shoe primary seal and have a shoe-mounted secondary seal or closure devices of demonstrated equivalence approved by the staff director; and D. Store waxy, heavy pour crude oil.

2. Gasoline loading. Subsection (3)(B) of this rule does not apply to a gasoline distribution facility whose average monthly throughput of gasoline is less than or equal to one hundred twenty thousand (120,000) gallons when averaged over the most recent calendar year, provided the gasoline distribution facility loads gasoline by submerged filling and— A. Upon request of the staff director, owners or operators of gasoline distribution facilities submit a report to the staff director on a form supplied by the department stating the gasoline throughput for each month of the previous calendar year;

B. Delivery vessels purchased after December 31, 1995, are Stage I equipped;

C. Owners or operators of a gasoline distribution facility maintain records of gasoline throughput and gasoline delivery; and D. Delivery vessels operated by an exempt installation do not deliver to Stage I controlled tanks unless the delivery vessel is equipped with and employs Stage I controls.

3. This rule does not apply to stationary gasoline tanks with a capacity of less than or equal to five hundred fifty (550) gallons.

4. Subsection (3)(E) of this rule does not apply to any gasoline dispensing facility (GDF) with one thousand (1,000) gallon or smaller tank(s) and monthly throughput of less than or equal to ten thousand (10,000) gallons of gasoline through the tanks.

5. Paragraph (3)(C)2. of this rule does not apply to gasoline transfers made to storage tanks equipped with floating roofs or their equivalent.

6. Subsection (3)(C) of this rule does not apply to any storage tank having a capacity less than or equal to two thousand (2,000) gallons used exclusively for the fueling of agricultural equipment.

7. Subsection (3)(E) of this rule does not apply to any stationary storage tank used primarily for the fueling of agricultural equip- 8. Subsection (3)(F) does not apply to any gasoline storage tank having a capacity of less than or equal to one thousand (1,000 gallons).

(2) Definitions.

(A) Agricultural equipment—Any equipment used exclusively for agricultural purposes on land owned or leased for the production of farm products.

(B) Cargo tank—A delivery tank truck or railcar which is loading gasoline or which has loaded gasoline on the immediately previous load.

(C) Condensate (hydrocarbons)—A hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature or pressure, or both, and remains liquid at standard conditions.

(D) Crude oil—A naturally occurring mixture consisting of hydrocarbons and sulfur, nitrogen, or oxygen derivatives of hydrocarbons (or a combination of these derivatives), which is a liquid at standard conditions.

(E) Custody transfer—The transfer of produced crude oil or condensate, or both, after processing or treating, or both, in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation.

(F) Delivery vessel—A tank truck, trailer, or railroad tank car.

(G) External floating roof—A storage vessel cover in an open top tank consisting of a double deck or pontoon single deck which rests upon and is supported by petroleum liquid being contained and is equipped with a closure seal(s) to close the space between the roof edge and tank wall.

(H) Gasoline—A petroleum liquid having a Reid vapor pressure four pounds (4 lbs) per square inch or greater.

(I) Gasoline dispensing facility (GDF)— Any stationary facility which dispenses gasoline into the fuel tank of a motor vehicle and is not— 1. A gasoline distribution facility; or 2. A manufacturer of new motor vehicles performing initial fueling operations dispensing gasoline into newly assembled motor vehicles equipped with onboard refueling vapor recovery (ORVR) at an automobile assembly plant while the vehicle is still being assembled on the assembly line.

(J) Gasoline distribution facility—Any facility that receives gasoline by pipeline, ship or barge, or cargo tank and subsequently loads the gasoline into gasoline delivery vessels for transport to gasoline dispensing facilities.

(K) Lower explosive limit (LEL)—The lower limit of flammability of a gas or vapor at ordinary ambient temperatures expressed in percent of the gas or vapor in air by volume.

(L) Monthly throughput—The total volume of gasoline that is loaded into all gasoline storage tanks during a month, as calculated on a rolling thirty (30)-day average.

(M) Onboard refueling vapor recovery (ORVR)—A system on motor vehicles designed to recover hydrocarbon vapors that escape during refueling.

(N) Petroleum liquid—Petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery with the exception of Numbers 2–6 fuel oils as specified in ASTM D 396-17a, as specified in 10 CSR 10-6.040(12), gas turbine fuel oils Number 2-GT–4-GT, as specified in ASTM D 2880-15, as specified in 10 CSR 10-6.040(20), and diesel fuel oils Number 2- D and 4-D, as specified in ASTM D 975-18, as specified in 10 CSR 10-6.040(14).

(O) Staff director—Director of the Air Pollution Control Program of the Department of Natural Resources, or a designated representative.

(P) Stage I vapor recovery system—A system used to capture the gasoline vapors that would otherwise be emitted when gasoline is transferred from a loading installation to a delivery vessel or from a delivery vessel to a storage tank.

(Q) Stage II vapor recovery system—A system used to capture the gasoline vapors that would otherwise be emitted when gasoline is dispensed from a storage tank to the fuel tank of a motor vehicle. Stage II vapor recovery includes both Stage I and Stage II Vapor Recovery equipment and requirements, unless otherwise stated.

(R) Submerged fill pipe—Any fill pipe the discharge opening of which is entirely submerged when the liquid level is six inches (6") above the bottom of the tank. When applied to a tank that is loaded from the side, any fill pipe, the discharge opening of which is entirely submerged when the liquid level is eighteen inches (18") or twice the diameter of the fill pipe, whichever is greater, above the bottom of the tank.

(S) Submerged filling—The filling of a gasoline storage tank through a submerged fill pipe with a discharge no more than six inches (6") (no more than twelve inches (12") for submerged fill pipes installed on or before November 9, 2006) from the bottom of the tank. Bottom filling of gasoline storage tanks is included in this definition.

(T) True vapor pressure—The equilibrium partial pressure exerted by a petroleum liquid as determined in American Petroleum Institute, Manual of Petroleum Measurement Standards, Chapter 19.2, Evaporative Loss From Floating-Roof Tanks, 2012, as published by the American Petroleum Institute and incorporated by reference in this rule.

Copies can be obtained from API Publishing Services, 1220 L Street, NW, Washington, DC 20005. This rule does not incorporate (U) Vapor recovery system—A vapor gathering system capable of collecting the hydrocarbon vapors and gases discharged and a vapor disposal system capable of processing the hydrocarbon vapors and gases so as to limit their emission to the atmosphere.

(V) Vapor recovery system modification— Any repair, replacement, alteration, or upgrading of Stage I or Stage II vapor recovery control equipment or gasoline dispensing equipment equipped with Stage II vapor recovery beyond normal maintenance of the system as permitted by the staff director.

(W) Vapor tight—When applied to a delivery vessel or vapor recovery system as one that sustains a pressure change of no more than seven hundred fifty (750) pascals (three inches (3") of water) in five (5) minutes when pressurized to a gauge pressure of four thousand five hundred (4,500) pascals (eighteen inches (18”) of water) or evacuated to a gauge pressure of one thousand five hundred (1,500) pascals (six inches (6") of water).

(X) Waxy, heavy pour crude oil—A crude oil with a pour point of fifty degrees Fahrenheit (50 °F) or higher as determined by the ASTM D 97-17b, as specified in 10 CSR 10-6.040(10).

(Y) Definitions of certain terms specified (3) General Provisions.

(A) Petroleum Storage Tanks.

1. No owner or operator of petroleum storage tanks shall cause or permit the storage in any stationary storage tank of more than forty thousand (40,000) gallons capacity of any petroleum liquid having a true vapor pressure of one and five-tenths (1.5) pounds per square inch absolute (psia) or greater at ninety degrees Fahrenheit (90 °F), unless the storage tank is a pressure tank capable of maintaining working pressures sufficient at all times to prevent volatile organic compound (VOC) vapor or gas loss to the atmosphere or is equipped with one (1) of the following vapor loss control devices:

A. A floating roof, consisting of a pontoon type, double-deck type or internal floating cover or external floating cover, that rests on the surface of the liquid contents and is equipped with a closure seal(s) to close the space between the roof edge and tank wall.

Storage tanks with external floating roofs shall meet the additional following requirements:

(I) The storage tank must be fitted with— (a) A continuous secondary seal extending from the floating roof to the tank wall (rim-mounted secondary seal); or (b) A closure or other device approved by the staff director that controls VOC emissions with an effectiveness equal to or greater than a seal required under subpart (3)(A)1.A.(I)(a) of this rule;

(II) All seal closure devices must meet the following requirements:

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

(b) The seal(s) is intact and uniformly in place around the circumference of the floating roof between the floating roof and the tank wall; and (c) For vapor-mounted primary seals, the accumulated area of gaps exceeding 0.32 centimeters, one-eighth inch (1/8") width, between the secondary seal and the tank wall shall not exceed 21.2 cm per meter of tank diameter (1.0 in per foot of tank diameter);

(III) All openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves, must be equipped with— (a) Covers, seals or lids in the closed position except when the openings are in actual use; and (b) Projections into the tank which remain below the liquid surface at all times;

(IV) Automatic bleeder vents must be closed at all times except when the roof is floated off or landed on the roof leg supports;

(V) Rim vents must be set to open when the roof is being floated off the leg supports or at the manufacturer’s recommended setting; and (VI) Emergency roof drains must be provided with slotted membrane fabric covers or equivalent covers which cover at least ninety percent (90%) of the area of the opening;

B. A vapor recovery system with all storage tank gauging and sampling devices gas-tight, except when gauging or sampling is taking place. The vapor disposal portion of the vapor recovery system shall consist of an absorber system, condensation system, membrane system or equivalent vapor disposal system that processes the vapor and gases from the equipment being controlled; or C. Other equipment or means of equal efficiency for purposes of air pollution control that may be approved by the staff director.

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

3. Reporting and record keeping shall be per subsection (4)(A) of this rule.

(B) Gasoline Loading.

1. No owner or operator of a gasoline distribution facility or delivery vessel shall cause or permit the loading of gasoline into any delivery vessel from a gasoline distribution facility unless the gasoline distribution facility is equipped with a vapor recovery system or equivalent. The delivery vessel must be in compliance with subsection (3)(D) of 2. Gasoline loading shall be accomplished in a manner that the displaced vapors and air will be vented only to the vapor recovery system. Measures shall be taken to prevent liquid drainage from the loading device when it is not in use or to accomplish complete drainage before the loading device is disconnected. The vapor disposal portion of the vapor recovery system shall consist of A. An absorber system, condensation system, membrane system, or equivalent vapor disposal system that processes the vapors and gases from the equipment being controlled and limits the discharge of VOC into the atmosphere to ten (10) milligrams of VOC vapor per liter of gasoline loaded;

B. A vapor handling system that directs the vapor to a fuel gas system; or C. Other equipment of an efficiency equal to or greater than subparagraph (3)(B)2.A. or B. of this rule if approved by the staff director.

3. Reporting and record keeping shall be per subsection (4)(B) of this rule.

(C) Gasoline Transfer at GDFs.

1. No owner or operator of a gasoline storage tank or delivery vessel shall cause or permit the transfer of gasoline from a delivery vessel into a gasoline storage tank with a capacity greater than five hundred fifty (550) gallons and less than or equal to one thousand (1,000) gallons unless— A. The gasoline storage tank is equipped with a submerged fill pipe extending unrestricted to within six inches (6") of the bottom of the tank and not touching the bottom of the tank, or the storage tank is equipped with a system that allows a bottom fill condition;

B. All gasoline storage tank caps and fittings are vapor-tight when gasoline transfer is not taking place; and C. Each gasoline storage tank is vented via a conduit that is— (I) At least two inches (2") inside diameter; and (II) At least twelve feet (12') in height above grade; and (III) Equipped with a pressure/vacuum valve that is certified by the California Air Resources Board (CARB) or equivalent as approved by the staff director. The pressure specifications for pressure/vacuum valves shall be a positive pressure setting of 2.5 to 6.0 inches of water and a negative pressure setting of 6.0 to 10.0 inches of water.

2. No owner or operator of a gasoline storage tank or delivery vessel shall cause or permit the transfer of gasoline from a delivery vessel into a gasoline storage tank with a capacity greater than one thousand (1,000) and less than forty thousand (40,000) gallons unless— A. The gasoline storage tank is equipped with a Stage I vapor recovery system that is certified by a CARB Executive Order as having a collection efficiency of at JOHN R. ASHCROFT (2/28/19)* least ninety-eight percent (98%);

B. The delivery vessel to these tanks is in compliance with subsection (3)(D) of C. All vapor ports are poppeted fittings;

D. The delivery vessel is reloaded at installations complying with the provisions of subsection (3)(B) of this rule;

E. The vapor recovery system employs one (1) vapor line per product line during the transfer. The staff director may approve other delivery systems submitted to the department with test data demonstrating compliance with subparagraph (3)(C)2.A. of F. All vapor hoses are at least three inches (3") inside diameter;

G. All product hoses are less than or equal to four inches (4") inside diameter;

H. Any component of the vapor recovery system that is not preventing vapor emissions as designed is repaired;

I. A department approved pressure decay test is completed and passed every three (3) years. The department must be notified at least seven (7) days prior to the test date to allow an observer the opportunity to be present. It is not required for the department to be present to observe the test. The test results shall be provided to the department within fourteen (14) days of the test event; and J. A department approved pressure/vacuum valve test is completed and passed every three (3) years. The department must be notified at least seven (7) days prior to the test date to allow an observer the opportunity to be present. It is not required for the department to be present to observe the test. The test results shall be provided to the department within fourteen (14) days of the test event.

3. The staff director may approve a vapor recovery system or component that deviates from the requirements of subparagraph (3)(C)2.A. of this rule when provided documentation that— A. The system or component has a collection efficiency of at least ninety-eight percent (98%); or B. Compliance with the requirements of subparagraph (3)(C)2.A.of this rule would lead to noncompliance with other state or federal regulations or to improper functioning of the gasoline storage tank system.

4. Aboveground gasoline storage tanks at GDFs shall not have a capacity greater than one thousand (1,000) gallons.

5. This subsection does not prohibit safety valves or other devices required by government regulations.

(D) Gasoline Delivery Vessels.

1. No owner or operator of a gasoline delivery vessel shall operate or use a gasoline delivery vessel which is loaded or unloaded at an installation subject to subsection (3)(B) or (3)(C) of this rule unless— A. Cargo tank tightness is conducted annually;

B. The owner or operator obtains the completed test results signed by a representative of the testing installation upon successful completion of the leak test;

C. A copy of the vessel’s current test results are kept with the delivery vessel at all times and made immediately available to the staff director upon request; and D. The delivery vessel is repaired by the owner or operator and retested within fifteen (15) business days of testing if it does not meet the leak test criteria of subparagraph (3)(D)1.A. of this rule.

2. This subsection does not prohibit safety valves or other devices required by government regulations.

(E) Fueling of Motor Vehicles at GDFs.

1. GDFs not equipped with a Stage II vapor recovery system. Owners or operators shall— A. Employ vapor-tight tank gauging and sampling sites or ports, valves, breakaways, joints, and disconnects on the vapor recovery systems to prevent emissions of volatile organic compounds except during gauging or sampling; and B. Ensure that motor vehicle refueling meets the requirements of 40 CFR 80.22(j) promulgated as of June 30, 2018, and hereby lished by the Office of Federal Register.

Copies can be obtained from the U.S.

Publishing Office Bookstore, 710 N. Capitol Street NW, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions.

2. After December 31, 2015, no owner or operator of a GDF may install or operate a Stage II vapor recovery system.

(F) Requirements for vapor recovery systems associated with new GDF installations, complete vapor recovery system replacements associated with existing GDFs, partial vapor recovery system modifications associated with existing GDFs, and installation of GDFs with Stage I experimental technology.

1. Any owner or operator subject to paragraph (3)(C)2. installing a new GDF or modifying an existing GDF that requires a complete replacement of the Stage I vapor recovery system of one (1) or more underground storage tank shall— A. Notify the department using an approved form at least fourteen (14) days before installation. The notification shall include complete diagrams, a thorough description of the planned installation, a detailed description of the storage tank(s), plumbing diagrams including vent lines, and a schedule of construction. The notification shall also include a list of CARB approved ninety-eight percent (98%) efficient equipment and/or reference department approval for the proposed Stage I vapor recovery system. The notice is valid for one hundred eighty (180) days from receipt by the department; and B. Conduct and pass a department approved pressure decay test and a department approved pressure/vacuum valve test within thirty (30) days of construction completion. The department must be notified at least seven (7) days prior to the test date to allow an observer the opportunity to be present. It is not required for the department to be present to observe the test. The test results have to be provided to the department within fourteen (14) days of the test event.

2. Any owner or operator of an existing GDF that requires a partial modification to a Stage I vapor recovery system subject to paragraph (3)(C)2. shall notify the department using an approved form before making the partial modification. The notification shall include a description of the planned partial modification. The notification shall also include a list of CARB approved ninety-eight percent (98%) efficient equipment and/or reference department approval for the proposed Stage I vapor recovery system. The notice is valid for one hundred eighty (180) days from receipt by the department.

3. Experimental Stage I technology. The staff director may approve Stage I experimental technology for a specific GDF.

Experimental technology may be approved for up to three (3) years for a limited number of GDFs under specific conditions determined by the staff director. GDFs applying for approval of experimental technology shall— A. Submit an application for staff director approval at least ninety (90) days prior to beginning construction. The application shall include, but not be limited to:

(I) Complete diagrams and a thorough description of the planned installation;

(II) Plumbing diagrams including vent lines and material of all underground and aboveground plumbing; and (III) Standards, test data, history, and related information for the proposed system;

B. Submit to the staff director a detailed plan for the construction and operation of the system. The plan shall include a description of the planned testing and record (2/28/19)* JOHN R. ASHCROFT keeping for the GDF. The staff director may issue the construction permit when all conditions of the testing GDF are deemed satisfactory;

C. Display the construction permit in a prominent location during construction;

D. Install monitoring equipment to prove that the vapor recovery system is leaktight if requested by the staff director; and E. Upon completion of testing, obtain and maintain on-site, in a prominent location, a current operating permit from the staff director for the specific innovative technology that is in operation. The permit shall specify the technology, the location, and the time period the technology will be tested.

4. Emergency Repairs.

A. Owners or operators of GDFs requiring emergency repair or replacement of Stage I vapor recovery system components subject to subsection (3)(C)2. may immediately begin corrective construction if the construction is in response to an accident or event that— (I) Creates an abnormally high threat of fire;

(II) Poses an environmental hazard by allowing release of liquid product onto the ground or abnormal release of vapor into the air; and/or (III) Threatens public safety; and B. Owners or operators of GDFs electing to make emergency repair or replacement per subparagraph (3)(F)4.A. of this rule shall contact the department within fortyeight (48) hours of the commencement of the repair or replacement to determine what future action is required for compliance with 5. If the department discovers vapor recovery equipment is being installed that does not comply with the requirements of subsection (3)(F) of this rule, the department’s authorized representative may require that installation cease and compliant equipment be installed before the GDF is put into operation. If the department discovers vapor recovery equipment has been replaced or repaired in a manner that makes it non-compliant with subsection (3)(F) of this rule, the department’s authorized representative may require replacement of the non-compliant equipment with compliant equipment.

(G) Owner/Operator Compliance. The owner or operator of a vapor recovery system subject to this rule shall— 1. Operate the vapor recovery system and the gasoline loading equipment in a manner that prevents— A. Gauge pressure from exceeding four thousand five hundred (4,500) pascals (eighteen inches (18") of water) in the delivery vessel;

B. A reading equal to or greater than one hundred percent (100%) of the lower explosive limit (LEL), measured as propane at two point five (2.5) centimeters from all points on the perimeter of a potential leak source when measured by Method 21— Determination of Volatile Organic Compound Leaks as specified in 10 CSR 10-6.030(22) during loading or transfer operations; and C. Visible liquid leaks during loading or transfer operations; and 2. Repair and retest within fifteen (15) days, a vapor recovery system that exceeds the limits in paragraph (3)(G)1. of this rule.

(4) Reporting and Record Keeping.

(A) Owners and operators of petroleum storage tanks subject to subsection (3)(A) of this rule shall maintain written records of maintenance (both routine and unscheduled) performed on the tanks, all repairs made, the results of all tests performed, and the type and quantity of petroleum liquid stored in them. Records shall be kept for two (2) years and made available to the staff director within five (5) business days of a request.

(B) Owners or operators of gasoline distribution facilities subject to subsection (3)(B) of this rule shall keep complete records documenting the number of delivery vessels loaded and their owners. Records shall be kept for two (2) years and made available to the staff director within five (5) business days of a request.

(C) Owner/Operator Compliance. The owner or operator of a vapor recovery system subject to subsection (3)(C), (3)(E), or (3)(G) of this rule shall maintain records of department permits, inspection reports, enforcement documents, gasoline deliveries, routine and unscheduled maintenance, repairs, and all results of tests conducted. Unless otherwise specified in this rule, records shall be kept for two (2) years and made available to the staff director within five (5) business days of a request.

(5) Test Methods.

(A) Gasoline Loading. Gasoline loading testing procedures to determine compliance with subparagraph (3)(B)2.A. of this rule shall be according to Method 25— Determination of Total Gaseous Nonmethane Organic Emissions as Carbon as specified in 10 CSR 10-6.030(22) or by any method determined by the staff director. The staff director, at any time, may monitor an installation subject to subsection (3)(B) of this rule to confirm compliance with this rule.

(B) Testing procedures to determine compliance with subparagraph (3)(D)1.A. shall be performed according to 40 CFR 63.425(e), Subpart R. 40 CFR 63 promulgated as of June 30, 2018 is hereby incorporated by reference in this rule, as published by the Office of the Federal Register. Copies can be Washington DC 20401. This rule does not additions. The staff director, at any time, may monitor a gasoline delivery vessel subject to subsection (3)(D) of this rule to confirm compliance with this rule.

(C) Fueling of Motor Vehicles and Gasoline Transfer at GDFs. The staff director, at any time, may monitor a GDF subject to subsection (3)(C) or (3)(E) of this rule to confirm compliance with this rule.

(D) All emission controls that are approved by the staff director will not be considered federally enforceable and will not shield a source from the obligation to comply with the underlying federal emission controls until submitted to EPA and approved by EPA in the state implementation plan. 1972, effective Feb. 10, 1972. Amended:

Filed Aug. 25, 1972, effective Sept. 4, 1972.

Amended: Filed May 12, 1976, effective Oct. 11, 1976. Amended: Filed Aug. 16, 1977, effective Feb. 11, 1978. Amended: Filed March 13, 1980, effective Sept. 12, 1980.

Amended: Filed Dec. 5, 1980, effective May 11, 1981. Amended: Filed Nov. 2, 1984, effective May 11, 1985. Amended: Filed Dec. 3, 1985, effective Oct. 1, 1986. Amended:

Amended: Filed Nov. 27, 1989, effective May 24, 1990. Rescinded and Readopted: Filed Aug. 15, 1994, effective April 30, 1995.

Amended: Filed May 15, 1995, effective Dec. 30, 1995. Amended: Filed Jan. 16, 1996, effective Sept. 30, 1996. Amended: Filed Dec. 28, 1998, effective Aug. 30, 1999.

Amended: Filed Jan. 2, 2007, effective Sept. 30, 2007. Amended: Filed Feb. 27, 2014, effective Nov. 30, 2014. Amended: Filed June 27, 2018, effective March 30, 2019. *Original authority: 643.020, RSMo 1965, amended

##### **10 CSR 10-5.230** Circumvention {#sec-10-csr-10-5.230 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.230}

(Rescinded September 28, 1990)

March 24, 1967. Rescinded: Filed April 18, 1990, effective Sept. 28, 1990.

##### **10 CSR 10-5.240** Additional Air Quality Control Measures May be Required When Sources Are Clustered in a Small Land Area {#sec-10-csr-10-5.240 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.240}

(Rescinded July 30, 2014)

March 24, 1967. Rescinded: Filed Oct. 9, 2013, effective July 30, 2014.

Op. Atty. Gen. No. 331, Shell (11-15-71).

(1969) and the Constitution of Missouri to enforce without delay the provisions of

Chapter 203, RSMo (1969) and standards, regulations corresponding, through administrative procedures, and injunctive relief.

##### **10 CSR 10-5.250** Time Schedule for Compliance {#sec-10-csr-10-5.250 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.250}

(Rescinded December 30, 2008)

Filed April 17, 2008, effective Dec. 30, 2008.

##### **10 CSR 10-5.260** Rules for Controlling Emissions During Periods of High Air Pollution Potential {#sec-10-csr-10-5.260 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.260}

(Rescinded October 11, 1984)

Original rule filed Sept. 8, 1970, effective Sept. 18, 1970. Amended: Filed Jan. 31, Filed May 11, 1984, effective Oct. 11, 1984.

Op. Atty. Gen. No. 331, Shell (11-15-71).

(1969), to abate pollutant emissions on an emergency basis comparable to that available under 42 U.S.C.A., Section 1857d(k).

##### **10 CSR 10-5.270** Public Availability of Emission Data {#sec-10-csr-10-5.270 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.270}

(Rescinded November 12, 1984)

Original rule 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). ing devices but does have the authority to position of effluent and to make the information available to the public unless any such information is “confidential” as defined by

section 203.050.4, RSMo (1969).

##### **10 CSR 10-5.280** New Source Performance {#sec-10-csr-10-5.280 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.280}

Regulation (Rescinded April 11, 1980)

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).

(1969), to adopt emission control regulations, including limitations on the content of fuels, which will attain and maintain national air quality standards, if the state standards are the same or more stringent.

**History**
- *AUTHORITY: section 203.050, RSMo 1975.*

##### **10 CSR 10-5.290** More Restrictive Emission Limitations for Particulate Matter in the South St. Louis Area {#sec-10-csr-10-5.290 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.290}

(Rescinded May 30, 2009)

Original rule filed Feb. 27, 1978, effective Dec. 11, 1978. Amended: Filed Nov. 10, Filed March 14, 1985, effective Aug. 26, 1985. Rescinded: Filed Aug. 21, 2008, effective May 30, 2009.

##### **10 CSR 10-5.295** Control of Emissions From Aerospace Manufacture and Rework Facilities {#sec-10-csr-10-5.295 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.295}

PURPOSE: This rule will reduce volatile organic compound emissions from aerospace manufacture and/or rework facilities located in the St. Louis nonattainment area. This rule is required to comply with the Clean Air Act Amendments of 1990.

rial. The entire text of the rule is printed (1) Applicability.

(A) This rule applies throughout St. Louis (B) The requirements of this rule apply to all aerospace manufacture and/or rework facilities with potential emissions of volatile organic compounds exceeding twenty-five (25) tons per year.

(2) Definitions.

(A) Specialty coating definitions in 40 CFR 63 Subpart GG, Appendix A, promulgated as of July 1, 2018, with the exception of “mold release” and “caulking and smoothing compound,” apply and are hereby incorby the Office of Federal Register. Copies can be obtained from the U.S. Publishing Office Washington, DC 20401. This rule does not additions. The following two (2) definitions, as defined below, shall be used for this rule:

1. Mold release—A coating applied to a mold surface to prevent the mold piece from sticking to the mold as it is removed, or to an aerospace component for purposes of creating a form-in-place seal; and 2. Caulking and smoothing compound— A semi-solid material that is used to aerodynamically smooth exterior vehicle surfaces or fill cavities such as bolt hole accesses, excluding materials that can be classified as a sealant.

(B) Aerospace manufacture and/or rework facility—Any installation that produces, reworks, or repairs in any amount any commercial, civil, or military aerospace vehicle or component.

(C) Aerospace vehicle or component—Any fabricated part, processed part, assembly of parts, or completed unit, with the exception of electronic components, of any aircraft including, but not limited to, airplanes, helicopters, missiles, rockets, and space vehicles.

(D) Antique aerospace vehicle or component—An aircraft or component thereof that was built at least thirty (30) years ago. An antique aerospace vehicle would not routinely be in commercial or military service in the capacity for which it was designed.

(E) Aqueous solvent—A cleaning solution in which water is the primary ingredient (greater than eighty percent (80%) by weight of cleaning solvent solution as applied must be water). Detergents, surfactants, and bioenzyme mixtures and nutrients may be combined with the water along with a variety of additives such as organic solvents (e.g. high boiling point alcohols), builders, saponifiers, inhibitors, emulsifiers, pH buffers, and antifoaming agents. Aqueous solutions must have a flash point greater than ninety-three degrees Celsius (93 °C) (two hundred degrees Fahrenheit (200 °F)) (as reported by the manufacturer) and the solution must be miscible with water.

(F) Chemical milling maskants—A coating that is applied directly to aluminum components to protect surface areas when chemical milling the component with a Type I or Type II etchant. Type I chemical milling maskants are used with a Type I etchant and Type II chemical milling maskants are used with a Type II etchant. This definition does not include bonding maskants, critical use and line sealer maskants, and seal coat maskants.

Maskants that must be used with a combination of Type I or Type II etchants and any of the above types of maskants (i.e., bonding, critical use and line sealer, and seal coat) are also not included in this definition.

(G) Energized electrical systems—Any alternating current (AC) or direct current (DC) electrical circuit on an assembled aircraft once electrical power is connected, including interior passenger and cargo areas, wheel wells, and tail sections.

(H) Flush cleaning—The removal of contaminants such as dirt, grease, and coatings from an aerospace vehicle or component or coating equipment by passing solvent over, into, or through the item being cleaned. The solvent may simply be poured into the item cleaned and then drained, or be assisted by air, compressed gas, hydraulic pressure, or by pumping. Spray gun cleaning or hand-wipe cleaning operations where wiping, scrubbing, mopping, or other hand actions are used are not included in this definition.

(I) General aviation—Segment of civil aviation that encompasses all facets of aviation except air carriers, commuters, and military.

General aviation includes charter and corporate-executive transportation, instruction, rental, aerial application, aerial observation, business, pleasure, and other special uses.

(J) General aviation rework facility—Any aerospace installation with the majority of its revenues resulting from the reconstruction, repair, maintenance, repainting, conversion, or alteration of general aviation aerospace vehicles or components.

(K) High volume low pressure (HVLP) spray equipment—Spray equipment used to apply coating by means of spray gun that operates at ten pounds per square inch gauge (10 psig) of atomizing air pressure or less at the air cap.

(L) Low vapor pressure hydrocarbon-based cleaning solvent—A cleaning solvent that is composed of a mixture of photochemically reactive hydrocarbons and oxygenated hydrocarbons and has a maximum vapor pressure of seven millimeters of mercury (7 mmHg) at twenty degrees Celsius (20 °C). These cleaners must not contain hazardous air pollutants.

(M) Primer—The first layer and any subsequent layers of identically formulated coating applied to the article to provide corrosion resistance, surface etching, surface leveling, adhesion promotion, or other property depending on the end use or exposure of the final product. Primers that are defined as specialty coatings are not included under this definition.

(N) Self-priming topcoat—A topcoat that is applied directly to a vehicle or component for purposes of corrosion prevention, environmental protection, and function fluid resistance. More than one (1) layer of identical coating formulation may be applied to the vehicle or component.

(O) Semi-aqueous cleaning solvent—A solution in which water is a primary ingredient (greater than sixty percent (60%) by weight of the solvent solution as applied must be water).

(P) Specialty coating—A coating that, even though it meets the definition of a primer, topcoat, or self-priming topcoat, has additional performance criteria beyond those of primers, topcoats, and self-priming topcoats for specific applications. These performance criteria may include, but are not limited to, temperature or fire resistance, substrate compatibility, antireflection, temporary protection or marking, sealing, adhesively joining substrates, or enhanced corrosion protection.

(Q) Topcoat—A coating that is applied over a primer on an aerospace vehicle or component for appearance, identification, camouflage, or protection. Topcoats that are defined as specialty coatings are not included under this definition.

(R) Touch-up and repair operation—That portion of the coating operation that is the incidental application of finishing materials used to cover minor imperfections in the coating finish or to achieve complete coverage. This definition includes out-of-sequence or out-of-cycle coating.

(S) Type I etchant—A chemical milling etchant that contains varying amounts of dissolved sulfur and does not contain amines.

(T) Type II etchant—A chemical milling etchant that is a strong sodium hydroxide solution containing amines.

(U) Waterborne (water-reducible) coating—Any coating that contains more than five percent (5%) water by weight as applied in its volatile fraction.

(V) Definitions of certain terms specified (3) General Provisions.

(A) No person shall cause, permit, or allow the emissions of volatile organic compounds (VOC) from the coating of aerospace vehicles or components to exceed— 1. 2.9 pounds per gallon (350 grams per applies primers. For general aviation rework facilities, the VOC limitation shall be 4.5 pounds per gallon of coating, excluding water and exempt solvents, delivered to a coating applicator that applies primers;

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

3. The VOC content limits listed in Table I expressed in pounds per gallon of coating, excluding water and exempt solvents, delivered to a coating applicator that applies specialty coatings;

4. 5.2 pounds per gallon (620 grams per applies Type I chemical milling maskant; and 5. 1.3 pounds per gallon (150 grams per applies Type II chemical milling maskants.

(B) The emission limitations in paragraph (3)(A)1. of this rule shall be achieved by— 1. The application of low solvent coating technology where each and every coating meets the specified applicable limitation expressed in pounds of VOC per gallon of coating, excluding water and exempt solvents, stated in subsection (3)(A) of this rule;

2. The application of low solvent coating technology where the monthly volumeweighted average VOC content of each specified coating type meets the specified applicable limitation expressed in pounds of VOC per gallon of coating, excluding water and exempt solvents, stated in subsection (3)(A) of this rule; averaging is not allowed for specialty coatings, and averaging is not allowed between primers, topcoats (including selfpriming topcoats), Type I milling maskants, and Type II milling maskants or any combination of the above coating categories; or 3. Control equipment, including but not limited to incineration, carbon adsorption and condensation, with a capture system approved by the director, provided that the owner or operator demonstrates, in accordance with subsection (5)(C), that the control system has a VOC reduction efficiency of eighty-one percent (81%) or greater.

(C) Each owner or operator of an ation shall apply all non-exempt primers and topcoats using one (1) or more of the application 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. High volume low pressure (HVLP) spraying;

8. Electrostatic spray application; or 9. Other coating application methods that achieve emission reductions equivalent to HVLP or electrostatic spray application methods, as determined by the director.

(D) Each owner or operator of an ation shall ensure that all application devices used to apply primers and topcoats (including self-priming topcoats) are operated according to company procedures, local specified operating procedures, and/or the manufacturer’s specifications, whichever is most stringent, at all times. Equipment modified by the owner or operator shall maintain a transfer efficiency equivalent to HVLP or electrostatic spray application techniques.

(E) Each owner or operator of an ation shall comply with the following housekeeping requirements for any affected cleaning operation, unless the cleaning solvent used is an aqueous solvent, low vapor pressure hydrocarbon-based cleaning solvent, or contains less than one percent (1%) VOC by weight. Hazardous waste under regulation 10 CSR 25-4.261 that is subject to the hazardous waste generators standards of 10 CSR 25- 5.262 or the solvent wipe conditional exclusion requirements of 40 CFR 261.4(a)(26) or (b)(18), as incorporated in 10 CSR 25-4.261, is exempt from the requirements of paragraphs (3)(E)1. through (3)(E)3. below:

1. Solvent-laden cloth, paper, or any other absorbent applicators used for cleaning shall be placed in bags or other closed containers upon completing their use. These bags and containers must be kept closed at all times except when depositing or removing these materials from the container. The bags and containers used must be of such a design so as to contain the vapors of the cleaning solvent. Cotton-tipped swabs used for very small cleaning operations are exempt from this requirement;

2. All fresh and spent cleaning solvents, except semi-aqueous solvent cleaners, used in aerospace cleaning operations shall be stored in closed containers; and 3. The handling and transfer of cleaning solvent to or from enclosed systems, vats, waste containers, and other cleaning operation equipment that hold or store fresh or spent cleaning solvents shall be conducted in such a manner that spills are minimized.

(F) Each owner or operator of an ation utilizing hand-wipe cleaning operations excluding the cleaning of spray gun equipment performed in accordance with subsection (3)(G) shall comply with one (1) of the 1. Utilize cleaning solvent solutions that are classified as an aqueous solvent and/or a low vapor pressure hydrocar bon-based cleaning solvent; or 2. Utilize cleaning solvent solutions that have a composite vapor pressure of forty-five (45) mmHg or less at twenty degrees Celsius (20°C).

(G) Each owner or operator of an ation shall clean all spray guns used in the application of primers, topcoats (including self-priming topcoats), and specialty coatings utilizing one (1) or more of the following techniques:

1. Enclosed system. Clean spray guns within an enclosed system that is closed at all times except when inserting or removing the spray gun. If leaks in the system are found, repairs shall be made as soon as practicable, but no later than fifteen (15) days after the leak was found. If the leak is not repaired by the fifteenth day after detection, the cleaning solvent shall be removed and the enclosed cleaner shall be shut down until the leak is repaired or its use is permanently discontinued;

2. Nonatomized cleaning. Clean spray guns by placing cleaning solvent in the pressure pot and forcing it through the gun with the atomizing cap in place. No atomizing air is to be used. The cleaning solvent from the spray gun shall be directed into a vat, drum, or other waste container that is closed when not in use;

3. Disassembled spray gun cleaning.

Clean spray guns by disassembling and cleaning the components by hand in a vat, which shall remain closed at all times except when in use. Alternatively, the components may be soaked in a vat, which shall remain closed during the soaking period and when not inserting or removing components; and 4. Atomizing cleaning. Clean spray guns by forcing the cleaning solvent through the gun and directing the resulting atomized spray into a waste container that is fitted with a device designed to capture the atomized cleaning solvent emissions.

(H) Each owner or operator of an ation that includes a flush cleaning operation shall empty the used cleaning solvents each time aerospace parts or assemblies, or components of a coating unit with the exception of spray guns are flush-cleaned into an enclosed container or collection system that is kept closed when not in use or into a system with equivalent emission control approved by the director. Aqueous, semiaqueous, low vapor pressure hydrocarbon based solvent materials, and all wastes that are determined to be hazardous waste under

regulation 10 CSR 25-4.261 and that are subject to the hazardous waste generators standards of 10 CSR 25-5.262 are exempt from the requirements of this subsection.

(I) The following activities are exempt from this section:

1. Research and development;

2. Quality control;

3. Laboratory testing activities;

4. Chemical milling;

5. Metal finishing;

6. Electrodeposition except for the electrodeposition of paints;

7. Composites processing except for cleaning and coating of composite parts or components that become part of an aerospace vehicle or component as well as composite tooling that comes in contact with such composite parts or components prior to cure;

8. Electronic parts and assemblies except for cleaning and topcoating of completed assemblies;

9. Manufacture of aircraft transparencies;

10. Wastewater treatment operations;

11. Manufacturing and rework of parts and assemblies not critical to the vehicle’s structural integrity or flight performance;

12. Regulated activities associated with space vehicles designed to travel beyond the limit of the earth’s atmosphere, including but not limited to satellites, space stations, and the space shuttle;

13. Utilization of primers, topcoats, specialty coatings, cleaning solvents, chemical milling maskants, and strippers containing VOC at concentrations less than 0.1 percent for carcinogens or 1.0 percent for noncarcinogens;

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

15. Maintenance and rework of antique aerospace vehicles and components; and 16. Rework of aircraft or aircraft components if the holder of the Federal Aviation Administration design approval, or the holder’s licensee, is not actively manufacturing the aircraft or aircraft components.

(J) The requirements for primers, topcoats, specialty coatings, and chemical milling maskants specified in subsection (3)(A) of this rule do not apply to the use of low-volume coatings in these categories for which the rolling twelve (12)-month total of each separate formulation used at an installation does not exceed fifty (50) gallons, and the combined rolling twelve (12)-month total of all such primers, topcoats, specialty coatings, and chemical milling maskants used does not exceed two hundred (200) gallons. Coatings exempted under subsection (3)(I) of this rule are not included in the fifty (50) and two hundred (200)-gallon limits.

(K) The following situations are exempt from the requirements of subsections (3)(D) and (3)(E):

1. Any situation that normally requires the use of an airbrush or an extension on the spray gun to properly reach limited access spaces;

2. The application of any specialty coating;

3. The application of coatings that contain fillers that adversely affect atomization with HVLP spray guns and that cannot be applied by any of the application methods specified in subsection (3)(C) of this rule;

4. The application of coatings that normally have dried film thickness of less than 0.0013 centimeter (0.0005 in.) and that cannot be applied by any of the application methods specified in subsection (3)(C) of this 5. The use of airbrush application methods for stenciling, lettering, and other identification markings;

6. The use of hand-held spray can application 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 testing of components of breathing oxygen systems that are exposed to the breathing oxygen;

2. Cleaning during the manufacture, assembly, installation, maintenance, or testing of parts, subassemblies, or assemblies that are exposed to strong oxidizers or reducers (e.g., nitrogen tetroxide, liquid oxygen, or hydrazine);

3. Cleaning and surface activation prior to adhesive bonding;

4. Cleaning of electronic parts and assemblies containing electronic parts;

5. Cleaning of aircraft and ground support equipment fluid systems that are exposed to the fluid including air-to-air heat exchangers and hydraulic fluid systems;

6. Cleaning of fuel cells, fuel tanks, and confined spaces;

7. Surface cleaning of solar cells, coating optics, and thermal control surfaces;

8. Cleaning during fabrication, assembly, installation, and maintenance of upholstery, curtains, carpet, and other textile materials used in the interior of the aircraft;

9. Cleaning of metallic and non-metallic materials used in honeycomb cores during the manufacture or maintenance of these cores, and cleaning of the completed cores used in the manufacture or maintenance of aerospace vehicles or components;

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

11. Cleaning and solvent usage associated with research and development, quality control, and laboratory testing;

12. Cleaning operations, using nonflammable liquids, conducted within five feet (5') of energized electrical systems; and 13. Cleaning operations identified as essential uses in 40 CFR 82.4 for which the U.S. Environmental Protection Agency has allocated essential use allowances or exemp- (4) Reporting and Record Keeping.

(A) Monitoring Requirements—Each owner or operator of an aerospace manufacturing and/or rework operation shall submit a monitoring plan to the director that specifies the applicable operating parameter value, or range of values, to ensure ongoing compliance with paragraph (3)(B)3. of this rule.

Any monitoring device, required by the monitoring plan, shall be installed, calibrated, operated, and maintained in accordance with the manufacturer’s specifications.

(B) Record Keeping Requirements.

1. Each owner or operator of an aerospace manufacture and/or rework operation that applies coatings listed in subsection (3)(A) of this rule shall— A. Maintain a current list of coatings in use with category and VOC content as applied;

B. Record each coating volume usage on a monthly basis; and C. Maintain records of monthly volume-weighted average VOC content for each coating type included in averaging for coating operations that achieve compliance through coating averaging under paragraph (3)(B)2. of 2. Each owner or operator of an aerospace manufacture and/or rework operation that uses cleaning solvents subject to this

rule shall— A. Maintain a list of materials with corresponding water contents for aqueous and semi-aqueous hand-wipe cleaning solvents;

B. Maintain a current list of cleaning solvents in use with their respective vapor pressure or, for blended solvents, VOC composite vapor pressure for all vapor pressure compliant hand-wipe cleaning solvents. This list shall include the monthly amount of each applicable solvent used; and C. Maintain a current list of exempt hand-wipe cleaning processes for all cleaning solvents with a vapor pressure greater than forty-five (45) mmHg used in exempt handwipe cleaning operations. This list shall include the monthly amount of each applicable solvent used.

3. All records must be kept on-site for a (5) Test Methods.

(A) An owner or operator of an aerospace manufacture and/or rework operation shall determine compliance for coatings which are not waterborne (water-reducible) and determine the VOC content of each formulation less water and less exempt solvents as applied using manufacturer’s supplied data or Method 24 of 40 CFR 60, Appendix A, as specified in 10 CSR 10-6.030(22). If there is a discrepancy between the manufacturer’s formulation data and the results of the Method 24 analysis, compliance is determined by the results from the Method 24 analysis. For waterborne (water-reducible) coatings, manufacturer’s supplied data alone can be used to determine the VOC content of each formulation.

(B) An owner or operator of an aerospace manufacture and/or rework operation shall determine compliance for cleaning solvents using the following:

1. For aqueous and semi-aqueous solvents manufacturers’ supplied data shall be used to determine the water content; or 2. For hand-wipe cleaning solvents required in subsection (3)(F) of this rule, manufacturers’ supplied data or standard engineering reference texts or other equivalent methods shall be used to determine the vapor pressure or VOC composite vapor pressure for blended cleaning solvents.

(C) An owner or operator of an aerospace manufacture and/or rework operation electing to demonstrate compliance with this rule by use of control equipment meeting the requirements of paragraph (3)(B)3., shall demonstrate the required capture efficiency in accordance with EPA Methods 18, 25, and/or 25A in 40 CFR 60, Appendix A, as specified in 10 CSR 10-6.030(22).

Feb. 29, 2000. Amended: Filed June 21, 2018, effective March 30, 2019.

##### **10 CSR 10-5.300** Control of Emissions From Solvent Metal Cleaning {#sec-10-csr-10-5.300 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.300}

PURPOSE: This rule specifies equipment, operating procedures and training requirements for the reduction of volatile organic compound emissions from solvent metal cleaning operations in the St. Louis metropolitan area.

(1) Applicability.

(A) This rule shall apply throughout the city of St. Louis and St. Charles, St. Louis, Jefferson and Franklin Counties.

(B) This rule shall apply to all installations that emit volatile organic compounds (VOCs) from solvent metal cleaning or degreasing operations.

(C) This rule applies to any of the following processes that use nonaqueous solvents to clean and remove soils from metal parts:

1. Spray gun cleaners;

2. Cold cleaners with a solvent reservoir or tank;

3. Open-top or conveyorized vapor degreasers; or 4. Air-tight or airless cleaning systems.

(D) Exemptions.

1. The following shall be exempt from A. Cold cleaners with liquid surface areas of one (1) square foot or less or maximum capacities of one (1) gallon or less;

B. Solvent cleaning operations that meet the emission control requirements of 10 CSR 10-5.295, 10 CSR 10-5.330, 10 CSR 10-5.340 or 10 CSR 10-5.442;

C. Solvent metal cleaning operations regulated under 40 CFR 63 subpart T, National Emission Standards for Halogenated Solvent Cleaning;

D. The cleaning of electronic components, medical devices or optical devices;

E. Hand cleaning/wiping operations;

F. Flush cleaning operations.

2. The following shall be exempt from the solvent vapor pressure requirements of subparagraphs (3)(A)1.A. and (3)(A)1.B. of A. Sales of cold cleaning solvents in quantities of five (5) gallons or less;

B. Cold cleaners using solvents regulated under any federal National Emission Standard for Hazardous Air Pollutants; and C. Janitorial and institutional clean- 3. All wastes that are subject to hazardous waste requirements at 10 CSR Division 25, Chapters 4 through 9 shall be exempt from the requirements of subparagraphs (3)(B)1.E., (3)(B)2.J., (3)(B)3.G., (3)(B)4.B. and (3)(B)5.G., and subsection (4)(A) of this rule.

(2) Definitions.

(A) Airless cleaning system—A degreasing machine that is automatically operated and seals at a differential pressure of 25 torr (25.0 millimeters of Mercury (mmHg) (0.475 pounds per square inch (psi)) or less, prior to the introduction of solvent vapor into the cleaning chamber and maintains differential pressure under vacuum during all cleaning and drying cycles.

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

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

(D) Electronic components—All portions of an electronic assembly, including, but not limited to, circuit board assemblies, printed wire assemblies, printed circuit boards, soldered joints, ground wires, bus bars, and associated electronic component manufacturing equipment such as screens and filters.

(E) Flush cleaning—The removal of contaminants such as dirt, grease and coatings from a component or coating equipment by passing solvent over, into or through the item being cleaned. The solvent drained from the item may be assisted by air, compressed gas, hydraulic pressure or by pumping. Flush cleaning does not include spray gun cleaning.

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

(G) Freeboard height— 1. The distance from the top of the solvent to the top of the tank for batch-loaded cold cleaners;

2. The distance from the air-vapor interface to the top of the tank for open-top vapor degreasers; or 3. The distance from either the air-solvent or air-vapor interface to the top of the tank for conveyorized degreasers.

(H) Freeboard ratio—The freeboard height divided by the smaller of either the inside length or inside width of the degreaser.

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

(J) Institutional cleaning—Cleaning activities conducted at organizations, societies or corporations including, but not limited to schools, hospitals, sanitariums and prisons.

(K) Janitorial cleaning—The cleaning of building or facility components such as the floors, ceilings, walls, windows, doors, stairs, bathrooms, kitchens, etc.

(L) Medical device—An instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar article, including any component or accessory that meets one (1) of the following condi- 1. It is intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease;

2. It is intended to affect the structure or any function of the body; or 3. It is defined in the National Formulary or the United States Pharmacopoeia, or any supplement to them.

(M) Nonaqueous solvent—Any solvent not classifiable as an aqueous solvent as defined in subsection (2)(C) of this rule.

(N) Optical device—An optical element used in an electro-optical device and designed to sense, detect or transmit light energy, including specific wavelengths of light energy and changes in light energy levels.

(O) Soils—Includes, but is not limited to, unwanted grease, wax, grit, ash, dirt and oil.

Spray gun soils, in addition, include unwanted primers, paint, specialty coatings, adhesives, sealers, resins and deadeners.

(P) Spray gun cleaner—Equipment used to clean spray guns used to apply, but not limited to, primers, paints, specialty coatings, adhesives, sealers, resins or deadeners incorporated into a product distributed in commerce.

(Q) Definitions of certain terms specified (3) General Provisions.

(A) Equipment Specifications.

1. Cold cleaners.

A. No one shall use, sell or offer for sale for use within the City of St. Louis and St. Charles, St. Louis, Jefferson and Franklin Counties a cold cleaning solvent with a vapor pressure greater than 1.0 mmHg (0.019 psi) at twenty degrees Celsius (20 °C) (sixty-eight degrees Fahrenheit (68 °F)) unless used for carburetor cleaning.

B. No one shall use, sell or offer for sale for use within the City of St. Louis and St. Charles, St. Louis, Jefferson and Franklin Counties a cold cleaning solvent for the purpose of carburetor cleaning with a vapor pressure greater than 5.0 mmHg (0.097 psi) at twenty degrees Celsius (20 °C) (sixty-eight degrees Fahrenheit (68 °F)).

C. Each cold cleaner shall have a cover which prevents the escape of solvent vapors from the solvent bath while in the closed position or an enclosed reservoir which limits the escape of solvent vapors from the solvent bath whenever parts are not being processed in the cleaner.

D. An owner or operator of a cold cleaner may use an alternate method for reducing cold cleaning emissions if the owner or operator shows the level of emission control is equivalent to or greater than the requirements of subparagraphs (3)(A)1.A. and (3)(A)1.B. of this rule. This alternate method must be approved by the director and the U.S. Environmental Protection Agency (EPA).

E. When one (1) or more of the following conditions exist, the cover shall be designed to operate easily such that minimal disturbing of the solvent vapors in the tank occurs. (For covers larger than ten (10) square feet, this shall be accomplished by either mechanical assistance such as spring loading or counter weighing or by power systems):

(I) The solvent vapor pressure is greater than 0.3 psi measured at thirty-seven point eight degrees Celsius (37.8 °C) (one hundred degrees Fahrenheit (100 °F));

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

F. Each cold cleaner shall have an internal drainage facility so that parts are enclosed under the cover while draining.

G. If an internal drainage facility cannot fit into the cleaning system and the solvent vapor pressure is less than 0.6 psi measured at thirty-seven point eight degrees Celsius (37.8 °C) (one hundred degrees Fahrenheit (100 °F)), then the cold cleaner shall have an external drainage facility which provides for the solvent to drain back into the solvent bath.

H. Solvent sprays, if used, shall be a solid fluid stream (not a fine, atomized or shower-type spray) and at a pressure which does not cause splashing above or beyond the freeboard.

I. A permanent conspicuous label J. Any cold cleaner which uses a solvent that has a solvent vapor pressure greater than 0.6 psi measured at thirty-seven point eight degrees Celsius (37.8 °C) (one hundred degrees Fahrenheit (100 °F)) or heated above forty-eight point nine degrees Celsius (48.9 °C) (one hundred twenty degrees Fahrenheit (120 °F)) must use one (1) of the following control devices:

(I) A freeboard ratio of at least 0.75;

(II) Water cover (solvent must be insoluble in and heavier than water); or (III) Other control systems with a mass balance demonstrated overall VOC emissions reduction efficiency greater than or equal to sixty-five percent (65%). These control systems must receive approval from the director and EPA prior to their use.

2. Open-top vapor degreasers.

A. Each open-top vapor degreaser shall have a cover that will prevent the escape of solvent vapors from the degreaser while in the closed position and shall be designed to open and close easily such that minimal disturbing of the solvent vapors in the tank occurs. For covers larger than ten (10) square feet, easy cover use shall be accomplished by either mechanical assistance, such as spring loading or counter weighing or by power systems.

B. Each open-top vapor degreaser shall be equipped with a vapor level control device that shuts off the heating source when the vapor level rises above the cooling or condensing coil, or an equivalent safety device approved by the director and EPA.

C. Each open-top vapor degreaser with an air/vapor interface over ten and threefourths (10 3/4) square feet shall be equipped with at least one (1) of the following control devices:

(I) A freeboard ratio of at least 0.75;

(II) A refrigerated chiller;

(III) An enclosed design (the cover or door opens only when the dry part actually is entering or exiting the degreaser);

(IV) A carbon adsorption system with ventilation of at least fifty (50) cubic feet per minute per square foot of air vapor area when the cover is open and exhausting less than twenty-five parts per million (25 ppm) of solvent by volume averaged over one (1) complete adsorption cycle as measured using the reference method specified at 10 CSR 10- 6.030(14)(A); or (V) A control system with a mass balance demonstrated overall VOC emissions reduction efficiency greater than or equal to sixty-five percent (65%) and prior approval D. A permanent conspicuous label 3. Conveyorized degreasers.

A. Each conveyorized degreaser shall have a drying tunnel or rotating (tumbling) basket or other means demonstrated to have equal to or better control which shall be used to prevent cleaned parts from carrying out solvent liquid or vapor.

B. Each conveyorized degreaser shall have the following safety devices which operate if the machine malfunctions:

(I) A vapor level control device that shuts off the heating source when the vapor level rises just above the cooling or condensing coil; and (II) A spray safety switch, which shuts off the spray pump if the vapor level in the spray chamber drops four inches (4"), for conveyorized degreasers utilizing a spray chamber; or (III) Equivalent safety devices approved by the director and EPA.

C. Entrances and exits shall silhouette workloads so that the average clearance between parts and the edge of the degreaser opening is less than four inches (4") or less than ten percent (10%) of the width of the opening.

D. Covers shall be provided for closing off the entrance and exit during hours when the degreaser is not being used.

E. A permanent, conspicuous label F. If the air/vapor interface is larger than twenty-one and one-half (21 1/2) square feet, one (1) major control device shall be required. This device shall be one (1) of the (I) A refrigerated chiller;

(II) Carbon adsorption system with ventilation of at least fifty (50) cubic feet per minute per square foot of the total entrance and exit areas (when downtime covers are open) and exhausting less than twenty-five (25) ppm of solvent by volume averaged over one (1) complete adsorption cycle as measured using the reference method specified at 10 CSR 10-6.030(14)(A); or (III) A control system with a mass balance demonstrated overall VOC emissions reduction efficiency greater than or equal to sixty-five percent (65%) and prior approval 4. Air-tight or airless cleaning systems.

Air-tight or airless cleaning systems shall:

A. Have a permanent conspicuous label summarizing the operating procedures affixed to the equipment or in a location readily visible during operation of the equipment;

B. Be equipped with a differential pressure gauge to indicate the sealed chamber pressure under vacuum; and C. Be equipped with a safety alarm to alert the operator of equipment malfunction.

(B) Operating Procedure Requirements.

1. Cold cleaners.

A. Cold cleaner covers shall be closed whenever parts are not being handled in the cleaners or the solvent must drain into an enclosed reservoir except when performing maintenance or collecting solvent samples.

B. Cleaned parts shall be drained in the freeboard area for at least fifteen (15) seconds or until dripping ceases, whichever is longer. Parts having cavities or blind holes shall be tipped or rotated while the part is draining. During the draining, tipping or rotating, the parts shall be positioned so that the solvent drains directly back to the cold cleaner.

C. Whenever a cold cleaner fails to perform within the rule operating requirements, the unit shall be shutdown immediately and shall remain shutdown until opera tion is JOHN R. ASHCROFT (10/31/14)* (10/31/14)* JOHN R. ASHCROFT restored to meet the rule operating requirements.

D. Solvent leaks shall be repaired immediately or the cold cleaner shall be shutdown until the leaks are repaired.

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

(I) Reduction of the waste material (II) Stored in closed containers for (a) A contract reclamation ser- (b) A disposal facility approved F. Waste solvent shall be stored in 2. Open-top vapor degreasers.

A. The cover shall be kept closed at all times except when processing workloads through the open-top vapor degreaser, performing maintenance or collecting solvent samples.

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

(I) Parts shall be racked, if practical, to allow full drainage;

(II) Parts shall be moved in and out of the open-top vapor degreaser at less than eleven feet (11') per minute;

(III) Workload shall remain in the vapor zone at least thirty (30) seconds or until condensation ceases, whichever is longer;

(IV) Pools of solvent shall be removed from cleaned parts before removing parts from the open-top vapor degreaser freeboard area; and (V) Cleaned parts shall be allowed to dry within the open-top vapor degreaser freeboard area for at least fifteen (15) seconds or until visually dry, whichever is longer.

C. Porous or absorbent materials such as cloth, leather, wood or rope shall not be degreased.

D. If workloads occupy more than half of the open-top vapor degreaser’s opentop area, rate of entry and removal shall not exceed five feet (5') per minute.

E. Spray shall never extend above vapor level.

F. Whenever an open-top vapor degreaser fails to perform within the rule operating requirements, the unit shall be shutdown until operation is restored to meet the rule operating requirements.

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

H. Ventilation exhaust from the opentop vapor degreaser shall not exceed sixtyfive (65) cubic feet per minute per square foot of the open-top vapor degreaser open area unless proof is submitted that it is necessary to meet Occupational Safety and Health Administration (OSHA) requirements. Fans shall not be used near the open-top vapor degreaser opening.

I. Water shall not be visually detectable in solvent exiting the water separator, except for automatic water separators that by configuration do not allow visual inspec- J. Any waste material removed from an open-top vapor degreaser shall be disposed of by one (1) of the following methods or an equivalent method approved by the director and EPA:

(I) Reduction of the waste material (II) Stored in closed containers for (a) A contract reclamation ser- (b) A disposal facility approved K. Waste solvent shall be stored in 3. Conveyorized degreasers.

A. Ventilation exhaust from the conveyorized degreaser shall not exceed sixtyfive (65) cubic feet per minute per square foot of conveyorized degreaser opening unless proof is submitted that it is necessary to meet OSHA requirements. Fans shall not be used near the conveyorized degreaser opening.

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

(I) Parts shall be racked, if practical, to allow full drainage; and (II) Vertical conveyor speed shall be maintained at less than eleven feet (11') per minute.

C. Whenever a conveyorized degreaser fails to perform within the rule operating requirements, the unit shall be shutdown immediately and shall remain shutdown until operation is restored to meet the rule operating requirements.

D. Solvent leaks shall be repaired immediately or the conveyorized degreaser shall be shutdown until the leaks are repaired.

E. Water shall not be visually detectable in solvent exiting the water separa- F. Covers shall be placed over entrances and exits immediately after conveyor and exhaust are shutdown and removed just before they are started up.

G. Any waste material removed from a conveyorized degreaser shall be disposed of by one (1) of the following methods or an equivalent method approved by the director and EPA:

(I) Reduction of the waste material (II) Stored in closed containers for (a) A contract reclamation ser- (b) A disposal facility approved H. Waste solvent shall be stored in 4. Spray gun cleaners.

A. Cleaning of spray guns shall be accomplished by use of one (1) or more of the following methods:

(I) Enclosed spray gun cleaning.

Enclosed system spray gun cleaning shall consist of forcing solvent through the spray gun and/or spray gun parts. Spray guns and/or spray gun parts shall only be cleaned in remote closed top spray gun cleaning machines under the following conditions:

(a) The spray gun cleaning machine is operated within the manufacturer’s specifications and with the lid kept tightly closed at all times except when being accessed or maintained; and (b) Removable containers (which shall not exceed thirty (30) gallons in size) for clean, used and waste solvent, are kept tightly closed except when being accessed or maintained;

(II) Nonatomized spray gun cleaning. Nonatomized spray gun cleaning shall consist of placing solvent in the pressure pot and forcing it through the spray gun with the atomizing cap in place. Spray guns shall only be cleaned through nonatomized spray gun cleaning under the following conditions:

(a) No atomizing air shall be used; and (b) The cleaning solvent from the spray gun shall be directed into a pail, bucket, drum or other waste container that is closed when not in use;

(III) Disassembled spray gun cleaning. Disassembled spray gun cleaning shall be accomplished by disassembling the spray gun to be cleaned and cleaning the components by one (1) of the following methods:

(a) By hand in a spray gun cleaner, which shall remain closed except when in use; or (b) By soaking in a spray gun cleaner, which shall remain closed during the soaking period and when not inserting or removing components; or (IV) Atomized spray gun cleaning.

Atomized spray gun cleaning shall consist of forcing the cleaning solvent through the gun and directing the resulting atomized spray into a waste container that is fitted with a device designed to capture the atomized cleaning solvent emissions. Cleaning of the nozzle tips of an automated spray equipment system is exempt from the requirements of paragraph (3)(B)4. of this rule, unless the system is a robotic system that is programmed to spray into a closed container.

B. Any waste material removed from a spray gun cleaning system shall be disposed of by one (1) of the following methods or an equivalent method approved by the director and EPA:

(I) Reduction of the waste material (II) Stored in closed containers for (a) A contract reclamation ser- (b) A disposal facility approved C. Waste solvent shall be stored in 5. Air-tight and airless cleaning systems.

A. Operate the air-tight and airless cleaning systems with a door or other pressure sealing apparatus in place during all cleaning and drying cycles.

B. All associated pressure relief devices shall not allow liquid solvent to drain out of the equipment.

C. Solvent leaks shall be repaired immediately or the air-tight or airless cleaning system shall be shutdown until the leaks are repaired.

D. The air-tight and airless cleaning systems shall be operated within the manufacturer’s specifications.

E. Parts shall be positioned, if practical, to allow full drainage and pools of solvent shall be removed from cleaned parts before removing parts from the air-tight or airless cleaning system.

F. Wipe up solvent leaks and spills immediately and store the used rags in closed containers.

G. Any waste material removed from an air-tight and airless cleaning system shall be disposed of by one (1) of the following methods or an equivalent method approved by the director and EPA:

(I) Reduction of the waste material (II) Stored in closed containers for (a) A contract reclamation ser- (b) A disposal facility approved H. Waste solvent shall be stored in (C) Operator and Supervisor Training.

1. Only persons trained in at least the operational and equipment requirements specified in this rule for their particular solvent metal cleaning process shall be permitted to operate the equipment.

2. The person who supervises any person who operates solvent cleaning equipment regulated by this rule shall receive equal or greater operational training than the operator.

3. A procedural review shall be given to all solvent metal cleaning equipment operators at least once each twelve (12) months.

4. Training records shall be maintained per 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 shall keep records of all types and amounts of solvents containing waste material from cleaning or degreasing operations transferred either to a contract reclamation service or to a disposal facility and all amounts distilled on the premises. The records also shall include maintenance and repair logs for both the degreaser and any associated control equipment. These records shall be kept current and made available for review on a monthly

basis. The director may require additional record keeping if necessary to adequately demonstrate compliance with this rule.

(B) All persons that use any solvent subject to the requirements of subparagraph (3)(A)1.A. or (3)(A)1.B. of this rule shall maintain records which include for each purchase of cold cleaning solvent:

1. The name and address of the solvent supplier;

2. The date of purchase;

3. The type of solvent; and 4. 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 sale any solvent subject to the requirements of subparagraph (3)(A)1.A. or (3)(A)1.B. of this rule shall maintain records which include for each sale of cold cleaning solvent:

1. The name and address of the solvent purchaser;

2. The date of sale;

3. The type of solvent;

4. The unit volume of solvent;

5. The total volume of solvent; and 6. 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 metal cleaning 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 rule shall be retained for five (5) years and shall be made available to the director upon request.

(5) Test Methods. (Not applicable)

Original rule filed Nov. 14, 1978, effective June 11, 1979. Amended: Filed Oct. 4, 1988, effective March 11, 1989. Emergency amendment filed Sept. 2, 1997, effective Jan. 1, 1998, expired June 30, 1998. Amended: Filed Sept. 22, 1997, effective May 30, 1998.

Amended: Filed Sept. 13, 2001, effective May 30, 2002. Amended: Filed April 3, 2006, effective Nov. 30, 2006.

##### **10 CSR 10-5.310** Liquefied Cutback Asphalt Paving Restricted ic compounds, emissions from cutback asphalt paving operations. {#sec-10-csr-10-5.310 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.310}

(1) Application.

(A) This rule shall apply throughout St.

(B) This rule applies to producers and suppliers which use or apply liquefied cutback asphalt in paving and maintenance operations on highways, roads, parking lots and driveways.

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

(3) General. After December 31, 1982, no person may cause or permit the use or application of liquefied cutback asphalt on highways, roads, parking lots and driveways during the months of April, May, June, July, August, September and October except as permitted in section (4). This section refers to liquefied cutback asphalt which is directly applied for use in a plant-mix or road-mix.

(4) Exceptions. The use or application of liquefied cutback asphalt is permitted if the liquefied cutback asphalt is— (A) Used in a plant-mix or road-mix which is used solely for filling potholes or for emergency repairs;

(B) Used to produce a plant-mix manufactured for resale or for use outside the St.

Louis metropolitan area; or (C) To be used solely as an asphalt prime coat or an asphalt seal coat on absorbent surfaces.

(5) Record Keeping.

(A) Records shall be kept on all application uses and all production quantities sufficient to determine daily volatile organic compound emissions for the months of April, May, June, July, August, September and October.

(B) Liquefied cutback asphalt plants shall keep records of the quantities of liquefied cutback asphalt sold and who the purchasers are.

The owner, operator or user shall record all information derived for a period of not less than two (2) years and all these records shall be made available to the director upon his/her request.

Original rule filed Nov. 14, 1978, effective July 12, 1979. Amended: Filed Oct. 4, 1988, effective March 11, 1989.

##### **10 CSR 10-5.320** Control of Emissions From Perchloroethylene Dry Cleaning Installations {#sec-10-csr-10-5.320 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.320}

(Rescinded January 30, 2003)

Sept. 12, 1980. Amended: Filed Nov. 10, Rescinded: Filed May 21, 2002, effective Jan. 30, 2003.

##### **10 CSR 10-5.330** Control of Emissions From Industrial Surface Coating Opera- {#sec-10-csr-10-5.330 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.330}

PURPOSE: This rule restricts the emissions of volatile organic compounds from industrial surface coating operations.

rial. The entire text of the rule is printed (1) Applicability.

(A) This rule applies throughout St. Louis (B) This rule applies to any facility with actual emissions of volatile organic compounds (VOCs) from industrial surface coating operations, including related cleaning activities, of at least three (3) tons per twelve (12)-month rolling period, before consideration of controls.

(C) Exemptions. This rule is not applicable to the following:

1. Motor vehicle refinishing;

2. Customizing top coating of motor vehicles, if production is less than thirty-five (35) vehicles per day;

3. Surface coating that is part of janitorial, building, and facility maintenance operations;

4. Research and development, performance testing, and quality control of coatings and surface coated products;

5. Aerosol coating products subject to 40 CFR 59 Subpart C or E;

6. Field application of architectural coatings to buildings, building components, and stationary structures;

7. Powder coatings;

8. Surface coating and cleaning of aerospace vehicles or components at an aerospace manufacture or rework facility that— A. Is subject to the requirements and/or aerospace-specific exemptions of 10 CSR 10-5.295; or B. Is not subject to 10 CSR 10-5.295 because the facility’s potential to emit VOCs from aerospace surface coating and cleaning is twenty-five (25) tons per year or less;

9. Surface coating and cleaning of wood furniture or wood furniture components at a wood furniture manufacturing facility that— A. Is subject to the requirements and/or wood furniture-specific exemptions of 10 CSR 10-5.530; or B. Is not subject to 10 CSR 10-5.530 because the facility’s potential to emit VOCs from wood furniture coating and cleaning is less than twenty-five (25) tons per year;

10. Application and storage of coatings that are subject to the requirements of 40 CFR 59, Subpart D;

11. Printing operations that are subject to the requirements of 10 CSR 10-5.340 or 10 CSR 10-5.442;

12. Surface coating and cleaning of articles used for internal company operations, including, but not limited to, work stands; scaffolding; jigs; tooling; dollies; tow bars; aircraft ground support equipment; portable equipment used for maintenance, testing, fabrication, or repair; toolboxes; storage bins; shelving; and other manufacturing or warehouse support items;

13. Surface coating operations which do not have a VOC limit in section (3) of this 14. Adhesives and sealants that contain less than 0.17 pounds of VOC per gallon of coating (less water and exempt compounds) as-applied;

15. Cyanoacrylate adhesives;

16. Adhesives, sealants, adhesive primers, and sealant primers that are supplied by the manufacturer or supplier in containers with a net volume of sixteen (16) fluid ounces or less, or a net weight of one (1) pound or less, except plastic cement welding adhesives and contact adhesives;

17. Contact adhesives that are supplied by the manufacturer or supplier in containers with a net volume of one (1) gallon or less;

18. Adhesives, sealants, adhesive primers, sealant primers, surface preparation, and cleanup solvents that are used in the following operations:

A. Tire repair operations, provided the adhesive is labeled for tire repair only;

B. Assembly, repair, and manufacture of aerospace components or undersea-based weapons systems components;

C. Plastic solvent welding operations used in the manufacture of medical devices or in the manufacture of medical equipment;

D. Plaque laminating operations in which adhesives are used to bond clear, polyester acetate laminate to wood with lamination equipment installed prior to July 1, 1992.

(D) Once a facility exceeds the applicability level of this rule, it shall remain subject to this rule until it can demonstrate, to the satisfaction of the director, that the actual total VOC emissions from surface coating operations, including related cleaning activities and before consideration of controls, is below three (3) tons per twelve (12)-month rolling period for sixty (60) consecutive months.

(2) Definitions.

(A) All terms beginning with A.

1. ABS plastic solvent welding—A process to weld acrylonitrile-butadiene-styrene pipe.

2. Actual emissions—The actual rate of emissions of a pollutant from a source operation is determined as follows:

A. Actual emissions as of a particular date shall equal the average rate, in tons per twelve (12)-month rolling period, at which the source operation or facility actually emitted the pollutant during the previous two (2)-year period and which represents normal operation. A different time period for aver aging may be used if the director determines it to be more representative. Actual emissions shall be calculated using actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period;

B. The director may presume that source-specific allowable emissions for a source operation or facility are equivalent to the actual emissions of the source operation or facility; and C. For source operations or facilities, which have not begun normal operations on the particular date, actual emissions shall equal the potential emissions of the source operation or facility on that date.

3. Add-on control—An air pollution control device, such as a thermal oxidizer or carbon adsorber, that reduces pollution in an air stream by destruction or removal before discharge to the atmosphere.

4. Adhesion primer—A coating that is applied to a polyolefin part to promote the adhesion of a subsequent coating. An adhesion primer is clearly identified as an adhesion primer or adhesion promoter on its material safety data sheet.

5. Adhesive—Any chemical substance that is applied for the purpose of bonding two (2) surfaces together other than by mechanical means. For the purposes of this rule, an adhesive is considered a surface coating.

6. Adhesive application process—A series of one (1) or more adhesive applicators and any associated drying area and/or oven wherein an adhesive is applied, dried, and/or cured. An application process ends at the point where the adhesive is dried or cured, or prior to any subsequent application of a different adhesive. It is not necessary for an application process to have an oven or flashoff area.

7. Adhesive primer—A product intended by the manufacturer for application to a substrate, prior to the application of an adhesive, to provide a bonding surface.

8. Aerospace vehicle or component— Any fabricated part, processed part, assembly of parts, or completed unit, with the exception of electronic components, of any aircraft including, but not limited to, airplanes, helicopters, missiles, rockets, and space vehicles.

9. Air-dried coating—The coatings which are dried by the use of air or forced warm air at temperatures up to ninety degrees Celsius (90°C) (one hundred ninety-four degrees Fahrenheit (194°F)).

10. Airless spray and air-assisted airless spray—Any paint spray technology that relies solely on the fluid pressure of the paint to create an atomized paint spray pattern and does not apply any atomizing compressed air to the paint before it leaves the paint nozzle.

Air-assisted airless spray uses compressed air to shape and distribute the fan of atomized paint, but still uses fluid pressure to create the atomized paint.

11. Antifoulant coating—A coating applied to the underwater portion of a pleasure craft to prevent or reduce the attachment of biological organisms, and registered with the U.S. Environmental Protection Agency as a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.

136) promulgated as of September 28, 2012,

rule, as published by the Office of the Law Revision Counsel of the House of Representatives. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N.

Capitol Street NW, Washington DC 20401. quent amendments or additions.

12. Antifoulant sealer/tie coating—A coating applied over biocidal antifoulant coating for the purpose of preventing release of biocides into the environment and/or to promote adhesion between an antifoulant and a primer or other antifoulant.

13. As-applied—The volatile organic compound and solids content of the finishing material that is actually used for coating the substrate. It includes the contribution of materials used for in-house dilution of the finishing material.

14. As-received—The condition of a coating as delivered to the user.

15. Automobile—A motor vehicle designed to carry up to eight (8) passengers, excluding vans, sport utility vehicles, and motor vehicles designed primarily to transport light loads of property.

16. Automobile and light-duty truck assembly plant—A facility which assembles automobiles or light-duty trucks, including coating facilities and processes.

(B) All terms beginning with B.

1. Baked coating—A coating that is cured at a temperature at or above one hundred ninety-four degrees Fahrenheit (194°F).

2. Basecoat—A coat of colored material, usually opaque, that is applied before graining inks, glazing coats, or other opaque finishing materials and is usually topcoated for protection.

3. Bedliner—A multi-component coating applied to a cargo bed after the application of topcoat to provide additional durability and chip resistance. For automobile and light-duty truck assembly coating facilities a bedliner is applied outside of the topcoat operation.

4. Business machine—A device that uses electronic or mechanical methods to process information, perform calculations, print or copy information, or convert sound into electrical impulses for transmission, including devices listed in standard industrial classification numbers 3572, 3573, 3574, 3579, 3661, and photocopy machines, a subcategory of standard industrial classification number 3861.

(C) All terms beginning with C.

1. Camouflage coating—A coating, used principally by the military, to conceal equipment from detection.

2. Can coating—A surface coating applied to a cylindrical steel or aluminum container. The container can be two (2) pieces (made by a drawn and wall-ironed shallow cup with only one (1) end) or three (3) pieces (made by a rectangular material rolled into a cylinder and the attachment of two (2) end pieces).

3. Can end—A can part manufactured from metal substrate for the purpose of sealing the ends of can bodies.

4. Capture device—A hood, enclosed room, floor sweep, or other means of containing or collecting solvent emissions or other pollutants into a duct so that the pollutant can be directed to an add-on control device such as an incinerator or carbon adsorber.

5. Capture efficiency—The fraction of all organic vapors or other pollutants generated by a process that is directed to a control device.

6. Capture system—One (1) or more capture devices intended to collect emissions generated by a coating operation in the use of coatings or cleaning materials, both at the point of application and at subsequent points where emissions from the coatings and cleaning materials occur, such as flash-off, drying, or curing. Multiple capture devices that collect emissions generated by a coating operation are considered a single capture system.

7. Carbon adsorption system—A device containing adsorbent material (for example, activated carbon, aluminum, silica gel); an inlet and outlet for exhaust gases; and a system to regenerate the saturated adsorbent.

The carbon adsorption system must provide for the proper disposal or reuse of all volatile organic compounds adsorbed.

8. Cavity wax—A coating applied into the cavities of the vehicle primarily for the

purpose of enhancing corrosion protection.

9. Ceramic tile installation adhesive— Any adhesive intended by the manufacturer for use in the installation of ceramic tiles.

10. Class I hardboard—A hardboard panel that meets the specifications of American National Standard A135.5-2004, as approved by the American National Standards Institute in 2004, and hereby incorby the Composite Panel Association, 18922 Premiere Court, Gaithersburg, MD 20879- 1574. This rule does not incorporate any subsequent amendments or additions.

11. Class II finish—A finish applied to hardboard panels that meets the specifications of American National Standard A135.5- 2004, as approved by the American National Standards Institute in 2004, and hereby incorby the Composite Panel Association, 18922 Premiere Court, Gaithersburg, MD 20879- 1574. This rule does not incorporate any subsequent amendments or additions.

12. Cleaning material—A solvent used to remove contaminants and other materials, such as dirt, grease, oil, and dried (e.g., depainting) or wet coating from a substrate before or after coating application or from equipment associated with a coating operation, such as spray booths, spray guns, racks, tanks, and hangers. Thus, it includes any cleaning materials used on substrates or equipment or both.

13. Cleaning operations—Processes of cleaning products, product components, tools, equipment, or general work areas during production, repair, maintenance, or servicing, including, but not limited to, spray gun cleaning, spray booth cleaning, large and small manufactured component cleaning, parts cleaning, equipment cleaning, line cleaning, floor cleaning, and tank cleaning, at affected facilities.

14. Cleanup solvent—A VOC-containing material used in cleaning operations.

15. Clear coat—A coating which lacks color and opacity or is transparent and uses the undercoat as a reflectant base or undertone color. This term also includes corrosion preventative coatings used for the interior of drums or pails.

16. Coating—A protective, decorative, or functional material applied in a thin layer to a surface. Such materials include, but are not limited to, paints, topcoats, varnishes, sealers, stains, washcoats, basecoats, inks, and temporary protective coatings.

17. Coating line purging—The process of flushing paint out and cleaning the spray lines when changing colors or to remove undesired material. It includes use of air and solvents to clean the lines.

18. Coating solids (or solids)—The part of the coating that remains after the coating is dried or cured; solids content is determined using data from Method 24 of Appendix A-7 to 40 CFR 60 as specified in 10 CSR 10- 19. Coating solids deposited—The coating solids which remain on the substrate or object being painted.

20. Contact adhesive—A contact adhesive does not include rubber cements that are primarily intended for use on paper substrates. Contact adhesive also does not include vulcanizing fluids that are designed and labeled for tire repair only. A contact adhesive is an adhesive that— A. Is designed for application to both surfaces to be bonded together;

B. Is allowed to dry before the two (2) surfaces are placed in contact with each other;

C. Forms an immediate bond that is impossible, or difficult, to reposition after both adhesive-coated surfaces are placed in contact with each other; and D. Does not need sustained pressure or clamping of surfaces after the adhesivecoated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces.

21. Control device—Any equipment that 22. Control device efficiency—The ratio of the pollution released by a control device and the pollution introduced to the control device, expressed as a fraction.

23. Control system—The combination of capture and control devices used to reduce emissions to the atmosphere.

24. Cove base—A flooring trim unit, generally made of vinyl or rubber, having a concave radius on one (1) edge and a convex radius on the opposite edge that is used in forming a junction between the bottom wall course and the floor or to form an inside corner.

25. Cove base installation adhesive—An adhesive intended by the manufacturer to be used for the installation of cove base or wall base on a wall or vertical surface at floor level.

26. Cyanoacrylate adhesive—An adhesive with a cyanoacrylate content of at least ninety-five percent (95%) by weight.

(D) All terms beginning with D.

1. Deadener—A coating applied to selected vehicle surfaces primarily for the

purpose of reducing the sound of road noise in the passenger compartment.

2. Dip coating—A method of applying coatings in which the part is submerged in a tank filled with the coatings.

3. Drum—Any cylindrical container of thirteen to one hundred ten (13–110)-gallon capacity.

(E) All terms beginning with E.

1. Electric dissipating coating—A coating that rapidly dissipates a high-voltage electric charge.

2. Electric-insulating and thermal-conducting coating—A coating that displays an electrical insulation of at least one thousand (1,000) volts DC per mil on a flat test plate and an average thermal conductivity of at least twenty-seven hundredths British thermal units (0.27 Btu) per hour-foot-degree- Fahrenheit.

3. Electric-insulating varnish—A nonconvertible-type coating applied to electric motors, components of electric motors, or power transformers, to provide electrical, mechanical, and environmental protection or resistance.

4. Electrodeposition primer (EDP)—A protective, corrosion-resistant waterborne primer on exterior and interior surfaces that provides thorough coverage of recessed areas.

It is a dip coating method that uses an electrical field to apply or deposit the conductive coating onto the part. The object being painted acts as an electrode that is oppositely charged from the particles of paint in the dip tank.

5. Electromagnetic interference/radio frequency interference (EMI/RFI) shielding—A coating used on electrical or electronic equipment to provide shielding against electromagnetic interference (EMI), radio frequency interference (RFI), or static discharge.

6. Electrostatic spray application—A spray application method that uses an electrical potential to increase the transfer efficiency of the coatings.

7. Electrostatic preparation coat—A coating that is applied to a plastic part solely to provide conductivity for the subsequent application of a prime, topcoat, or other coating through the use of electrostatic application methods. An electrostatic preparation coat is clearly identified as an electrostatic preparation coat on its material safety data sheet.

8. Enamel—A coating which cures by chemical cross-linking of its base resin and is not resoluble in its original solvent.

9. End sealing compound—A coating applied to the perimeter of can ends that functions as a gasket when the end is assembled on the can.

10. Etching filler—A coating for metal that contains less than twenty-three percent (23%) solids by weight and at least one-half percent (0.5%) acid by weight, and is used instead of applying a pretreatment coating followed by a primer.

11. Extreme high-gloss coating—A coating applied to— A. Pleasure craft which, when tested according to ASTM D523 - 14, as specified in 10 CSR 10-6.040, shows a reflectance of ninety percent (90%) or more on a sixty degree (60°) meter; or B. Metal and plastic parts that are not components of pleasure craft, which, when tested according to ASTM D523 – 14, as specified in 10 CSR 10-6.040, shows a reflectance of seventy-five percent (75%) or more on a sixty degree (60°) meter.

12. Extreme-performance coating—A coating used on a metal or plastic surface where the coated surface is, in its intended use, subject to the following:

A. Chronic exposure to corrosive, caustic, or acidic agents, chemicals, chemical fumes, chemical mixtures, or solutions;

B. Repeated exposure to temperatures in excess of two hundred fifty degrees Fahrenheit (250°F); or C. Repeated heavy abrasion, including mechanical wear and repeated scrubbing with industrial grade solvents, cleansers, or scouring agents.

(F) All terms beginning with F.

1. Fabric coating—A coating applied to a textile substrate by dipping or by means of a blade or roll.

2. Facility—All contiguous or adjoining property that is under common ownership or control, including properties that are separated only by a road or other public right-ofway.

3. Facility maintenance operations—The routine repair or renovation (including the surface coating) of the tools, equipment, machinery, and structures that comprise the infrastructure of the affected facility and that are necessary for the facility to function in its intended capacity.

4. Final repair—The operations performed and coating(s) applied to completelyassembled motor vehicles or to parts that are not yet on a completely assembled vehicle to correct damage or imperfections in the coat- 5. Finish primer/surfacer—A coating applied to pleasure craft with a wet film thickness of less than ten (10) mils prior to the application of a topcoat for purposes of providing corrosion resistance, adhesion of subsequent coatings, a moisture barrier, or promotion of a uniform surface necessary for filling in surface imperfections.

6. Flash-off area— Flash-off area means the portion of a coating process between the coating application station and the next coating application station or drying oven where solvent begins to evaporate from the coated substrate.

7. Flat wood paneling coating—Wood paneling products that are any interior, exterior, or tileboard (class I hardboard) panel to which a protective, decorative, or functional material or layer has been applied.

8. Flexible primer—A coating that is required to comply with engineering specifications for impact resistance, mandrel bend, or elongation as defined by the original equipment manufacturer.

9. Flexible vinyl—Non-rigid polyvinyl chloride plastic with at least five percent (5%) by weight plasticizer content.

10. Floor covering installation adhesive, indoor—An adhesive intended by the manufacturer for use in the installation of wood flooring, carpet, resilient tile, vinyl tile, vinyl-backed carpet, resilient sheet, and roll or artificial grass. Adhesives used to install ceramic tile and perimeter bonded sheet flooring with vinyl backing onto a nonporous substrate, such as flexible vinyl, are excluded from this category.

11. Floor covering installation adhesive, outdoor—Any adhesive intended by the manufacturer for use in the installation of floor covering that is not in an enclosure and that is exposed to ambient weather conditions during normal use.

12. Flow coating—A method of applying coatings in which the part is carried through a chamber containing numerous nozzles which direct unatomized streams of coatings from many different angles onto the surface of the part.

13. Flush cleaning—The removal of contaminants such as dirt, grease, and coatings from a vehicle, component, or coating equipment by passing solvent over, into, or through the item being cleaned. The solvent may simply be poured into the item cleaned and then drained, or be assisted by air, compressed gas, hydraulic pressure, or by pumping. Spray gun cleaning or hand-wipe cleaning operations where wiping, scrubbing, mopping, or other hand actions are used are not included in this definition.

14. Fog coat—A coating that is applied to a plastic part for the purpose of color matching without masking a molded-in texture.

(G) All terms beginning with G.

1. Gasket/gasket-sealing material—A fluid applied to coat a gasket or replace and perform the same function as a gasket.

Automobile and light-duty truck gasket/gasket-sealing material includes room temperature vulcanization seal material.

2. Glass-bonding primer—A primer applied to windshield or other glass, or to body openings, to prepare the glass or body opening for the application of glass-bonding adhesives or the installation of adhesivebonded glass. Glass-bonding primer includes glass-bonding/cleaning primers that perform both functions (cleaning and priming of the windshield or other glass, or body openings) prior to the application of adhesive or the installation of adhesive-bonded glass.

3. Gloss reducer—A coating that is applied to a plastic part solely to reduce the shine of the part.

(H) All terms beginning with H.

1. Hardboard—A panel manufactured primarily from interfelted lingo-cellulosic fibers which are consolidated under heat and pressure in a hot press.

2. Hardwood plywood—Plywood whose surface layer is a veneer of hardwood.

3. Heat-resistant coating—A coating that must withstand a temperature of at least four hundred degrees Fahrenheit (400°F) during normal use.

4. Heavy-duty vehicle (HDV)—Any motor vehicle rated at more than eight thousand five hundred pounds (8,500 lbs) gross vehicle weight rating.

5. High-bake coating—A coating which is designed to cure only at temperatures of more than one hundred ninety-four degrees Fahrenheit (194 ºF).

6. High-build primer/surfacer—A coating applied to pleasure craft with a wet film thickness of ten (10) mils or more prior to the application of a topcoat for purposes of providing a moisture barrier, corrosion resistance, adhesion of subsequent coatings, or promoting a uniform surface necessary for filling in surface imperfections.

7. High-gloss coating—A coating applied to pleasure craft which, when tested by ASTM D523 – 14, as specified in 10 CSR 10-6.040, shows a reflectance of eighty-five percent (85%) or more on a sixty-degree (60°) meter.

8. High-performance architectural coating—A coating used to protect architectural subsections and which meets the requirements of the Architectural Aluminum Manufacturer Association’s publication number AAMA 2604-05, Voluntary Specification, Performance Requirements, and Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and Panels or AAMA 2605-05, Voluntary Specification, Performance Requirements, and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels, as published July of 2005, and hereby incorporated by reference, as published by the American Architectural Manufacturers Association, 1827 Walden Office Square, Suite 550, Schaumburg, IL 60173. This rule does not incorporate any subsequent amendments or additions.

9. High-temperature coating—A coating that is certified to withstand a temperature of one thousand degrees Fahrenheit (1,000 °F) for twenty-four (24) hours.

10. High-volume low-pressure (HVLP) spray equipment—Spray equipment that is used to apply coating by means of spray gun that operates at ten pounds per square inch gauge (10.0 psig) of atomizing air pressure or less at the air cap.

(I) All terms beginning with I.

1. Industrial surface coating operation— The surface coating of manufactured items intended for distribution in commerce to persons other than the person or legal entity performing the surface coating.

2. Ink jet technology—A printing method in which an electronic output device transfers variable data, in the form of a digital image, from a computer to a variety of substrates.

3. Interior body spray—A coating sprayed on the interior surface of a can body to provide a protective film between the product and the can.

(J) All terms beginning with J.

(K) All terms beginning with K.

(L) All terms beginning with L.

1. Laminate—A product made by bonding together two (2) or more layers of material.

2. Light-duty truck—Vans, sport utility vehicles, and motor vehicles designed primarily to transport light loads of property with gross vehicle weight rating of eight thousand five hundred pounds (8,500 lbs.) or less.

3. Low-bake coating—A coating designed to cure at temperatures below one hundred ninety-four degrees Fahrenheit (194 ºF).

4. Lubricating wax/compound—A protective lubricating material applied to vehicle hubs and hinges.

(M) All terms beginning with M.

1. Magnetic data storage disk coating— A coating used on a metal disk which stores data magnetically.

2. Material safety data sheet (MSDS)— The chemical, physical, technical, and safety information document supplied by the manufacturer of the coating, solvent, or other chemical product.

3. Medical device or equipment—An instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar article, including any component or accessory that meets one (1) of the following conditions:

A. It is intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease;

B. It is intended to affect the structure or any function of the body; or C. It is defined in the National Formulary or the United States Pharmacopoeia, or any supplement to them.

4. Metal to urethane/rubber molding or casting adhesive—Any adhesive intended by the manufacturer to bond metal to high density or elastomeric urethane or molded rubber materials to fabricate products such as rollers for computer printers or other paper handling equipment.

5. Metallic coating—A coating which contains more than five (5) grams of metal particles per liter of coating as-applied. Metal particles are pieces of a pure elemental metal or a combination of elemental metals.

6. Military specification coating—A coating which has a formulation approved by a United States Military Agency for use on military equipment.

7. Mold seal coating—The initial coating applied to a new mold or a repaired mold to provide a smooth surface which, when coated with a mold-release coating, prevents products from sticking to the mold.

8. Motor vehicle—Any self-propelled 9. Motor vehicle coatings—Coatings applied to motor vehicles and motor vehicle parts at facilities that are not automobile or light-duty truck assembly coating facilities.

10. Motor vehicle refinishing—The process of coating motor vehicles, or their parts, that is subsequent to the original coating applied at an original equipment manufacturing plant.

11. Multi-colored coating—A coating which exhibits more than one (1) color when applied, and which is packaged in a single container and applied in a single coat.

12. Multi-component coating—A coating requiring the addition of a separate reactive resin, commonly known as a catalyst or hardener, before application to form an acceptable dry film.

13. Multipurpose construction adhesive—Any adhesive intended by the manufacturer for use in the installation or repair of various construction materials, including but not limited to drywall, subfloor, panel, fiberglass reinforced plastic (FRP), ceiling tile and acoustical tile.

(N) All terms beginning with N.

1. Natural finish hardwood plywood panel—A panel whose original grain pattern is enhanced by essentially transparent finishes frequently supplemented by fillers and toners.

(O) All terms beginning with O.

1. One-component coating—A coating that is ready for application as it comes out of its container to form an acceptable dry film.

A thinner, necessary to reduce the viscosity, is not considered a component.

2. Optical coating—A coating applied to an optical lens.

3. Overvarnish—A can coating applied to reduce the coefficient of friction (to allow for proper mobility of the can on conveyor tracks), provide gloss, and protect the finish against abrasion and corrosion.

(P) All terms beginning with P.

1. Paint—A pigmented surface coating using volatile organic compounds as the major solvent and thinner which converts to a relatively opaque solid film after application as a thin layer.

2. Pan-backing coating—A coating applied to the surfaces of pots, pans, or other cooking implements that are exposed directly to a flame or other heating elements.

3. Paper, film, and foil coating operation—A web coating line that applies a continuous layer of coating material across essentially the entire width or any portion of the width of a web substrate to— A. Provide a covering, finish, or functional or protective layer to a substrate;

B. Saturate a substrate for lamination;

C. Provide adhesion between two (2) substrates for lamination.

4. Perimeter bonded sheet flooring installation—The installation of sheet flooring with vinyl backing onto a nonporous substrate using an adhesive designed to be applied only to a strip of up to four inches (4") wide around the perimeter of the sheet flooring.

5. Plastic—A synthetic material chemically formed by the polymerization of organic substances and capable of being molded, extruded, cast into various shapes and films, or drawn into filaments.

6. Plastic solvent welding adhesive— Any adhesive intended by the manufacturer for use to dissolve the surface of plastic to form a bond between mating surfaces.

7. Plastic solvent welding adhesive primer—Any primer intended by the manufacturer for use to prepare plastic substrates prior to bonding or welding.

8. Pleasure craft—A marine vessel which is manufactured or operated primarily for recreational purposes or leased, rented, or chartered to a person or business for recreational purposes.

9. Pleasure craft coating—A marine coating, except unsaturated polyester resin (fiberglass) coatings, applied by brush, spray, roller, or other means to a pleasure craft.

10. Polyvinyl chloride plastic or PVC plastic—A polymer of the chlorinated vinyl monomer that contains fifty-seven percent (57%) chlorine.

11. Porous material—A substance that has tiny openings, often microscopic, in which fluids may be absorbed or discharged, including, but not limited to, paper and corrugated paperboard. For the purposes of this

rule, porous material does not include wood.

12. Powder coating—Any surface coating which is applied as a dry powder and is fused into a continuous coating film with heat.

13. Prefabricated architectural component coating—A coating applied to metal parts and products which are to be used as an architectural structure.

14. Pressure sensitive tape and label coating operation—Any number or combination of adhesive, release, or precoat coating applicators, flash-off areas, and ovens which coat a continuous web, located between a web unwind station and a web rewind station, to produce pressure sensitive tape and label materials.

15. Pretreatment coating—A coating which contains no more than twelve percent (12%) solids by weight, but at least one-half percent (0.5%) acids by weight, is used to provide surface etching, and is applied directly to metal surfaces to provide corrosion resistance, adhesion, and ease of stripping.

16. Pretreatment wash primer—A coating which contains no more than twenty-five percent (25%) solids by weight, but at least one-tenth of a percent (0.1%) acids by weight, is used to provide surface etching, and is applied directly to fiberglass and metal surfaces to provide corrosion resistance and adhesion of subsequent coatings.

17. Primer—The first layer and any subsequent layers of identically formulated coating applied to the article to provide corrosion resistance, surface etching, surface leveling, adhesion promotion, or other property depending on the end use or exposure of the final product. Primers that are defined as specialty coatings are not included under this definition.

18. Primer-surfacer—An intermediate protective coating applied over the electrodeposition primer and under the topcoat at an automobile or light-duty truck assembly coating facility. Primer-surfacer provides adhesion, protection, and appearance properties to the total finish. Primer-surfacer may also be called guide coat or surfacer.

19. Printed interior panel—A panel whose grain or natural surface is obscured by fillers and basecoats upon which a simulated grain or decorative pattern is printed.

(Q) All terms beginning with Q.

(R) All terms beginning with R.

1. Reinforced plastic composite—A composite material consisting of plastic reinforced with fibers.

2. Related cleaning activity—The removal of coating residue or other unwanted materials from equipment related to coating operations as well as the cleaning of spray guns, transfer line, tanks, and the interior of spray booths.

3. Repair coating—A coating used to recoat portions of a previously coated product which has sustained mechanical damage to the coating following normal coating opera- 4. Roller coating—The application of a coating to a substrate by means of hard rubber or metal rolls.

5. Rubber—Any natural or manmade rubber substrate, including, but not limited to, styrene-butadiene rubber, polychloroprene (neoprene), butyl rubber, nitrile rubber, chlorosulfonated polyethylene, and ethylene propylene diene terpolymer.

(S) All terms beginning with S.

1. Safety-indicating coating—A coating which changes physical characteristics, such as color, to indicate unsafe conditions.

2. Sealer—A high viscosity material, generally, but not always, applied in the paint shop after the body has received an electrodeposition primer coating and before the application of subsequent coatings (e.g., primersurfacer). The primary purpose of sealer is to fill body joints completely so that there is no intrusion of water, gases, or corrosive materials into the passenger area of the body compartment. Such materials are also referred to as sealant, sealant primer, or caulk.

3. Sealant—Any material with adhesive properties that is formulated primarily to fill, seal, waterproof, or weatherproof gaps or joints between two (2) surfaces. Sealants include sealant primers and caulks.

4. Sheet basecoat—A coating applied to either side of flat metal sheets before they are formed into three-piece cans and can ends to protect the interior surface or provide an exterior background coating.

5. Sheet rubber lining installation—The process of applying sheet rubber liners by hand to metal or plastic substrates to protect the underlying substrate from corrosion or abrasion. These operations also include laminating sheet rubber to fabric by hand.

6. Shock-free coating—A coating applied to electrical components to protect the user from electric shock. The coating has characteristics of being of low capacitance and high resistance and having resistance to breaking down under high voltage.

7. Side-seam spray—A coating applied to the interior and/or exterior of the welded or soldered seam of a three (3)-piece can body to protect the exposed metal.

8. Silicone-release coating—Any coating which contains silicone resin and is intended to prevent food from sticking to metal surfaces such as baking pans.

9. Single-ply roof membrane—A prefabricated single sheet of rubber, normally ethylene-propylenediene terpolymer, that is field applied to a building roof using one (1) layer of membrane material. For the purposes of this rule, single-ply roof membrane does not include membranes prefabricated from ethylene-propylenediene monomer (EPDM).

10. Single-ply roof membrane adhesive primer—A primer labeled for use to clean and promote adhesion of the single-ply roof membrane seams or splices prior to bonding.

11. Single-ply roof membrane installation/repair adhesive—An adhesive labeled for use in the installation or repair of single-ply roof membrane. Installation includes, as a minimum, attaching the edge of the membrane to the edge of the roof and applying flashings to vents, pipes, or ducts that protrude through the membrane. Repair includes gluing the edges of torn membrane together, attaching a patch over a hole, and reapplying flashings to vents, pipes, or ducts installed through the membrane.

12. Solar-absorbent coating—A coating which has as its prime purpose the absorption of solar radiation.

13. Solid film lubricant—A very thin coating consisting of a binder system containing as its chief pigment material one (1) or more of the following:

A. Molybdenum;

B. Graphite;

C. Polytetrafluoroethylene (PTFE);

D. Other solids that act as a dry lubricant between closely or tightly fitting surfaces.

14. Solvent—Organic materials which are liquid at standard conditions and which are used as dissolvers, viscosity reducers, or cleaning agents.

15. Specialty coating—A coating that, even though it meets the definition of a primer, topcoat, or self-priming topcoat, has additional performance criteria beyond those of primers, topcoats, and self-priming topcoats for specific applications. These performance criteria may include, but are not limited to, temperature or fire resistance, substrate compatibility, anti-reflection, temporary protection, or marking, sealing, adhesively joining substrates, or enhanced corrosion protection.

16. Stencil coating—An ink or a pigmented coating which is rolled or brushed onto a template or stamp to add identifying letters, symbols, and/or numbers.

17. Structural glazing—A process that includes the application of adhesive to bond glass, ceramic, metal, stone, or composite panels to exterior building frames.

18. Surface coating unit—One (1) or more coating applicators and any associated drying area and/or oven wherein a coating is applied, dried, and/or cured. A coating unit ends at the point where the coating is dried or cured, or prior to any subsequent application of a different coating. It is not necessary for a coating unit to have an oven or flash-off area.

(T) All terms beginning with T.

1. Texture coating—A coating that is applied to a plastic part which, in its finished form, consists of discrete raised spots of the 2. Thin metal laminating adhesive—An adhesive intended by the manufacturer for use in bonding multiple layers of metal to metal or metal to plastic in the production of electronic or magnetic components in which the thickness of the bond line(s) is less than 0.25 millimeters.

3. Thinner— An organic solvent that is added to a coating after the coating is received from the supplier.

4. Thin particleboard—A manufactured board 0.64 centimeters (1/4 inch) or less in thickness made of individual wood particles which have been coated with a binder and formed into flat sheets by pressure.

5. Tileboard—A premium interior wall paneling product made of hardboard that is used in high-moisture areas of the home, such as kitchens and bathrooms, and meets the specifications for Class I hardboards as approved by the American National Standards Institute.

6. Tire repair—A process that includes expanding a hole, tear, fissure, or blemish in a tire casing by grinding or gouging, applying adhesive, and filling the hole or crevice with rubber.

7. Topcoat—The final coating or coating system in which one (1) or more coats are applied for the purposes of appearance or protection of the substrate. Nonpermanent final finishes are not topcoats.

8. Touch-up coating—A coating used to cover minor coating imperfections appearing after the main coating operation.

9. Transfer efficiency—Ratio of the amount of coating solids transferred onto a product to the total of coating solids used. In any surface coating operation, TE is the ratio of solids in a coating that adhere on a target surface to the total solids used in the process for coating the target surface.

10. Translucent coating—A coating which contains binders and pigment, and is formulated to form a colored, but not opaque, film.

11. Trunk interior coating—A coating applied to the trunk interior to provide chip protection.

12. Two (2)-component coating—A coating requiring the addition of a separate reactive resin, commonly known as a catalyst, before application to form an acceptable dry film.

13. Two (2)-piece can exterior coating— A coating applied to the exterior surface of a two-piece can to protect the metal surface or provide a background for lithograph or printing operations.

14. Two (2)-piece can exterior end coating—A coating applied to the exterior surface of a two (2)-piece can end.

(U) All terms beginning with U.

1. Underbody coating—A coating applied to the undercarriage or firewall to prevent corrosion and/or provide chip protec- 2. Undersea-based weapons systems components—The fabrication of parts, assembly of parts or completed units of any portion of a missile launching system used on undersea ships.

(V) All terms beginning with V.

1. Vacuum-metalizing coating—The undercoat applied to the substrate on which the metal is deposited or the overcoat applied directly to the metal film. Vacuum metalizing/physical vapor deposition (PVD) is the process whereby metal is vaporized and deposited on a substrate in a vacuum chamber.

2. Vinyl coating—A functional, decorative, or protective topcoat or printing applied to vinyl-coated fabric or vinyl sheets.

3. Volatile organic compound (VOC)— See definition in 10 CSR 10-6.020.

(W) All terms beginning with W.

1. Waterproof resorcinol glue—A two (2)-part resorcinol-resin-based adhesive designed for applications where the bond line must be resistant to conditions of continuous immersion in fresh or salt water.

2. Weatherstrip adhesive—An adhesive applied to weatherstripping materials to bond the weatherstrip material to the surface of the 3. Web coating line—Any number of work stations, of which one (1) or more applies a continuous layer of coating material across the entire width or any portion of the width of a web substrate, and any associated curing/drying equipment between an unwind or feed station and a rewind or cutting sta- (X) All terms beginning with X.

(Y) All terms beginning with Y.

(Z) All terms beginning with Z.

(3) General Provisions. General provisions for specific coatings may be found in the following subsections of section (3) of this rule:

(A) Large Appliance Coatings.

1. The requirements in this subsection apply to the surface coating of doors, cases, lids, panels, and interior support parts of the following residential and commercial products:

A. Washers;

B. Dryers;

C. Ranges;

D. Refrigerators;

E. Freezers;

F. Water heaters;

G. Dishwashers;

H. Trash compactors;

I. Air conditioners; and J. Other similar products.

2. Emission limits. No owner or opera- Coating Subsectio Large Appliance Coatings (3)(A)

Metal Furniture Coatings (3)(B)

Automobile and Light-Duty Truc k Assembly Coatings (3)(C)

Paper, Film, and Foil Coatings (3)(D)

Magnet Wire Coatings (3)(E)

Coil Coatings (3)(F)

Can Coatings (3)(G)

Vinyl and Fabric Coatings (3)(H)

Flat Wood Paneling Coatings (3)(I)

Miscellaneous Metal and Plas tic Parts Coatings (3)(J)

Industrial Adhesive Applicatio (3)(K)

Large Appliance Coatings Air-Dried Coating One-Component 2.3 2.3 Multi-Component 2.3 2.8 Extreme Hig -Gloss 3.0 2.8 Extreme-Performance Heat-Resistant Coating Metallic Coating 3.5 3.5 Pretreatment Co atings 3.5 Solar-Absorbent Coating Repair and Touc -Up Coatings 6.5 6.5 3. Method and determination of compliance. The emission limits in paragraph (3)(A)2. of this rule shall be achieved through A. VOC content of coatings. compounds) per subparagraph (5)(C)3.A. of the emission limits in paragraph (3)(A)2. of B. Combination of VOC content of C. Control system. If a control system 4. Application equipment. One (1) or a control system per subparagraph (3)(A)3.C.

A. Electrostatic spray application;

B. High-volume low-pressure (HVLP) spray equipment;

C. Flow coating;

D. Roller coating;

E. Dip coating, including electrode- F. Airless spray;

G. Air-assisted airless spray;

H. Ink jet technology; and I. Other coating application method 5. Work practices. Work practices shall A. Store all VOC-containing coatings, B. Ensure that mixing and storage C. Minimize spills of VOC-containing D. Clean up spills immediately;

E. Convey any coatings, thinners, and F. Minimize VOC emissions from the 6. The VOC limits in paragraph (3)(A)2. of this rule do not apply to the following types of coatings and coating operations:

A. Stencil coatings;

B. Safety-indicating coatings;

C. Solid film lubricants; or D. Electric-insulating and thermalconducting coatings.

(B) Metal Furniture Coatings.

1. The requirements in this subsection apply to surface coating of any furniture made of metal or any metal part that will be assembled with other metal, wood, fabric, plastic, or glass parts to form a furniture piece.

2. Emission limits. No owner or opera- 3. Method and determination of compliance. The emission limits in paragraph (3)(B)2. of this rule shall be achieved through A. VOC content of coatings. compounds) per subparagraph (5)(C)3.A. of the emission limits in paragraph (3)(B)2. of B. Combination of VOC content of C. Control system. If a control system 4. Application equipment. One (1) or a control system per subparagraph (3)(B)3.C.

A. Electrostatic spray application;

B. HVLP spray equipment;

C. Flow coating;

D. Roller coating;

E. Dip coating, including electrode- F. Airless spray;

G. Air-assisted airless spray;

H. Ink jet technology; and I. Other coating application method 5. Work practices. Work practices shall be used to minimize VOC emissions from solvent storage, mixing operations, and handling operations for coatings, thinners, cleaning materials, and waste materials. Work practices include, but are not limited to, the fol- A. Store all VOC-containing coatings, B. Ensure that mixing and storage C. Minimize spills of VOC-containing D. Clean up spills immediately;

E. Convey any coatings, thinners, and F. Minimize VOC emissions from the Metal Furniture Coatings Air-Dried Coating One-Component 2.3 2.3 Multi-Component 2.3 2.8 Extreme Hig -Gloss 3.0 2.8 Extreme-Performance Heat-Resistant Coating Metallic Coating 3.5 3.5 Pretreatment Co atings 3.5 Solar-Absorbent Coating 6. The VOC limits in paragraph (3)(B)2. of this rule do not apply to the following types of coatings and coating operations:

A. Stencil coatings;

B. Safety-indicating coatings;

C. Solid film lubricants; and D. Electric-insulating and thermalconducting coatings.

(C) Automobile and Light-Duty Truck Assembly Coatings.

1. The requirements in this subsection apply to automobile and light-duty truck surface coating operations performed in an automobile or light-duty truck assembly plant.

2. Emission limits. No owner or operator of an automobile or light-duty truck assembly plant may cause, allow, or permit the discharge into the ambient air of any VOC in excess of the following:

3. Method and determination of compliance. The emission limits in paragraph (3)(C)2. of this rule shall be achieved through A. Spray primer; primer-surfacer; topcoat; and combined primer-surfacer and topcoat. The VOC emission rate, expressed as pounds of VOC per gallon of coating solids deposited, is determined by the procedures in the Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Primer- Surfacer and Topcoat Operations (EPA- 453/R-08-002), dated September 2008, and hereby incorporated by reference, as published by the U.S. Environmental Protection Agency. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N.

Capitol Street NW, Washington, DC 20401. quent amendments or additions. The surface coating unit is in compliance if the emission rate is less than or equal to the emission limit in paragraph (3)(C)2. of this rule;

B. Electrodeposition primer (EDP).

Determine the monthly volume-weighted average VOC emission rate of the EDP coating unit, expressed as pounds of VOC per gallon of coating solids deposited, per subparagraph (5)(C)3.D. of this rule. The EDP coating unit is in compliance if this value is less than or equal to the emission limit in paragraph (3)(C)2. of this rule;

C. Final repair coatings. Determine the daily volume-weighted average VOC content of all coatings used in a surface coating unit, expressed as pounds of VOC per gallon pounds) per subparagraph (5)(C)3.A. of this

rule. The surface coating unit is in compliance if this value is less than or equal to the emission limits in paragraph (3)(C)2. of this D. All other coatings. Determine the monthly volume-weighted average VOC content of all coatings used in a surface coating unit, expressed as pounds of VOC per gallon pounds) per subparagraph (5)(C)3.E. of this

rule. The surface coating unit is in compliance if this value is less than or equal to the emission limit in paragraph (3)(C)2. of this 4. Work practices and work practice plan.

A. Work practices. Work practices shall be used to minimize VOC emissions from storage, mixing operations, and han- (I) Store all VOC-containing coatings, thinners, and cleaning materials in closed containers;

(II) Ensure that mixing and storage (III) Minimize spills of VOC-containing coatings, thinners, and cleaning materials;

(IV) Clean up spills immediately;

(V) Convey any coatings, thinners, and cleaning materials in closed containers or (VI) Minimize VOC emissions from the cleaning of application, storage, mixing, and conveying equipment by ensuring that equipment cleaning is performed without atomizing the cleaning solvent and all spent solvent is captured in closed containers.

B. Work practice plan. Owners and operators of facilities subject to subparagraph (3)(C)4.A. of this rule shall develop and implement a work practice plan to minimize VOC emissions from cleaning and purging of equipment associated with all coating operations for which emission limits are specified in paragraph (3)(C)2. of this rule. The plan shall specify practices and procedures to ensure that VOC emissions from the following operations are minimized:

(I) Vehicle body wiping;

(II) Coating line purging;

(III) Flush cleaning of coating systems;

(IV) Cleaning of spray booth grates;

(V) Cleaning of spray booth walls;

(VI) Cleaning of spray booth equipment;

(VII) Cleaning external spray booth areas; and (VIII) Other housekeeping measures, such as keeping solvent-laden rags in closed containers.

(D) Paper, Film, and Foil Coatings.

1. The requirements in this subsection apply to paper, film, and foil coating operations, with the exception of the following:

A. Paper, film, and foil surface coating units with potential to emit below twentyfive (25) tons per year of VOC from coating, prior to controls;

B. Coating performed on or in-line with any offset lithographic, screen, letterpress, flexographic, rotogravure, or digital printing press that is part of a printing process; and C. Size presses and on-machine coaters on papermaking machines that apply sizing or water-based clays.

2. Emission limits. No owner or opera- Automobile and Light-Duty Truck Assembly Coatings Coating Category Emission Limit Electrodeposition primer (EDP)

R  dR  R t No VOC Emission Limit î RT  gallon of coating solids deposited 0.7 pounds of VOC per gallon of coating solids deposited Primer-surfacer 12.0 pounds of VOC per gallon of coating solids deposited Topcoat 12.0 pounds of VOC per gallon of coating solids deposited Combined Primer- Surfacer and Topcoat 12.0 pounds of VOC per gallon of coating solids deposited Final repair 4.8 pounds of VOC per gallon of coating (minus water and Miscellaneous Automobile and Light-Duty Truck Materials Material pounds of VOC per gallon of coating (minus water and exempt Glass-bonding primer 7.5 Adhesive 2.1 Cavity wax 5.4 Sealer 5.4 Deadener 5.4 Gasket/gasket-sealing material 1.7 Underbody coating 5.4 Trunk interior coating 5.4 Bedliner 1.7 Weatherstrip adhesive 6.3 Lubricating wax/compound 5.8 3. Method and determination of compliance. The emission limits in paragraph (3)(D)2. of this rule shall be achieved through one (1) of the following:

A. VOC content of coatings.

Determine the daily mass-weighted average pound of coating solids per subparagraph (5)(C)3.C. of this rule. The surface coating unit is in compliance if this value is less than or equal to the emission limits in paragraph (3)(D)2. of this rule; or B. Control system. If a control system 4. Work practices. Work practices shall A. Store all VOC-containing coatings, B. Ensure that mixing and storage C. Minimize spills of VOC-containing D. Clean up spills immediately;

E. Convey any coatings, thinners, and F. Minimize VOC emissions from the (E) Magnet Wire Coatings.

1. The requirements in this subsection apply to the coating of electric-insulating varnish or enamel to aluminum or copper wire for use in electrical machinery.

2. Emission limits. No owner or operaexcess of one and seven-tenths (1.7) pounds of VOC per gallon of coating (minus water and exempt compounds) as delivered to the coating applicator(s).

3. Method and determination of compliance. The emission limits in paragraph (3)(E)2. of this rule shall be achieved through A. VOC content of coatings. the emission limit in paragraph (3)(E)2. of B. Combination of VOC content of C. Control system. If a control system (F) Coil Coatings.

1. The requirements in this subsection apply to the surface coating of any flat metal sheet or strip that comes in rolls or coils.

2. Emission limits. No owner or operaexcess of two and six-tenths (2.6) pounds of exempt compounds) as delivered to the coating applicator(s).

3. Method and determination of compliance. The emission limits in paragraph (3)(F)2. of this rule shall be achieved through A. VOC content of coatings. the emission limit in paragraph (3)(F)2. of B. Combination of VOC content of C. Control system. If a control system (G) Can Coatings.

1. The requirements in this subsection apply to the surface coating of cans.

2. Emission limits. No owner or operadischarge into the ambient air of any volatile organic compounds, as delivered to the coating applicator(s), in excess of the following:

3. Method and determination of compliance. The emission limits in paragraph (3)(G)2. of this rule shall be achieved through A. VOC content of coatings. the emission limit in paragraph (3)(G)2. of B. Combination of VOC content of C. Control system. If a control system (H) Vinyl and Fabric Coatings.

1. The requirements in this subsection apply to vinyl coating and fabric coating.

2. Emission limits. No owner or operadischarge into the ambient air of any VOCs, Paper, Film, and Foil Coatings pound of coating solids Pressure sensitive tape and label coating operation 0.2 Paper, film, and foil coating (not including pressure sensitive tape and label coating operations) 0.4 Can Coatings gallon of coating (minus water and exempt Sheet Basecoat 2.8 Overvarnish 2.8 Two-Piece Can Exterior Coating 2.8 Interior Body Spray Two-Piece Can Exterior End Coating Side-Sea Spray 5.5 End Sealing Compound 3.7 as delivered to the coating applicator(s), in excess of the following:

3. Method and determination of compliance. The emission limits in paragraph (3)(H)2. of this rule shall be achieved through one (1) of the following:

A. VOC content of coatings. the emission limit in paragraph (3)(H)2. of B. Combination of VOC content of C. Control system. If a control system (I) Flat Wood Paneling Coatings.

1. The requirements in this subsection apply to the coating of the following:

A. Printed interior panels made of hardwood plywood and thin particleboard;

B. Natural finish hardwood plywood panels;

C. Hardboard paneling with Class II finishes;

D. Exterior siding; and E. Tileboard.

2. Emission limits. No owner or operaexcess of two and one-tenths (2.1) pounds of exempt compounds) as delivered to the coating applicator(s).

3. Method and determination of compliance. The emission limits in paragraph (3)(I)2. of this rule shall be achieved through A. VOC content of coatings. the emission limit in paragraph (3)(I)2. of B. Combination of VOC content of C.Control system. If a control system 4. Work practices. Work practices shall A. Store all VOC-containing coatings, B. Ensure that mixing and storage C. Minimize spills of VOC-containing D. Clean up spills immediately;

E. Convey any coatings, thinners, and F. Minimize VOC emissions from the (J) Miscellaneous Metal and Plastic Parts Coatings.

1. The requirements in this subsection apply to the surface coating of all other miscellaneous metal and plastic parts including, but not limited to, the following:

A. Large and small farm implements and machinery;

B. Railroad cars;

C. Small household appliances;

D. Office equipment;

E. Commercial and industrial machinery and equipment;

F. Any other industrial category that coats metal parts or products under the Standard Industrial Classification Code of major groups #33, #34, #35, #36, #37, #38, and #39;

G. Fabricated metal products;

H. Molded plastic parts;

I. Automotive or transportation equipment;

J. Interior or exterior automotive parts;

K. Construction equipment;

L. Motor vehicle accessories;

M. Bicycles and sporting goods;

N. Toys;

O. Recreational vehicles;

P. Pleasure craft (recreational boats);

Q. Extruded aluminum structural components;

R. Heavy-duty vehicles;

S. Lawn and garden equipment;

T. Business machines;

U. Laboratory and medical equipment;

V. Electronic equipment;

W. Steel drums;

X. Metal pipes; and Y. Prefabricated architectural components when the coating is applied in a surface 2. Emission limits. No owner or opera- Vinyl and Fabric Coatings Vinyl 3.8 Fabric 2.9 Metal Parts and Products Coatings Air-Dried One-Component Coating 2.8 2.3 Multi-Component Coating 2.8 2.3 Camouflage Coating 3.5 3.5 Clear Coat 4.3 4.3 Electric-Insulating Varnish 3.5 3.5 Etching Filler 3.5 3.5 Extreme High-Gloss Coating 3.5 3.0 Extreme-Performance Coating 3.5 3.0 Heat-Resistant Coating 3.5 3.0 High-Performance Architectural Coating 6.2 6.2 High-Temperature Coating 3.5 3.5 Metallic Coating 3.5 3.5 Military Specification Coating 2.8 2.3 Mold Seal Coating 3.5 3.5 Pan-Backing Coating 3.5 3.5 Prefabricated Architectural Component Coating 3.5 2.3 Pretreatment Coatings 3.5 3.5 Repair and Touch-Up Coatings 3.5 3.0 Silicone-Release Coating 3.5 3.5 Solar-Absorbent Coating 3.5 3.0 Vacuum-Metalizing Coating 3.5 3.5 Drum, New, Exterior 2.8 2.8 Drum, New, Interior 3.5 3.5 Drum, Reconditioned, Exterior 3.5 3.5 Drum, Reconditioned, Interior 4.2 4.2 Plastic and Rubber Parts and Products Coatings pounds of VOC per gallon of coating exempt Automotive/Transportation High-Bake Coating Interior and Exterior Parts Flexible Primer 4.5 Non-Flexible Primer Basecoat 4.3 Clear Coat 4.0 Non-Basecoat/Clear Coat 4.3 Low-Bake Coating /Air-Dried Coating, Exterior Parts Primer 4.8 Basecoat 5.0 Clear Coat 4.5 Non-Basecoat/Clear Coat 5.0 Low-Bake Coating/Air-Dried Coating, Interior Parts 5.0 Touch-Up and Repair Coatings 5.2 Business Machine Primer 2.9 Topcoat 2.9 Texture Coat 2.9 Fog Coat 2.2 Touch-Up and Repair Coatings 2.9 Plastic and Rubber, All Other One-Component Coating 2.3 Multi-Component Coating 3.5 Electric Dissipating Coating and Shock-Free Coating 6.7 Extreme-Performance Coating 3.5 Metallic Coating 3.5 Military Specification Coating One-Component Coating 2.8 Two-Component Coating 3.5 Mold Seal Coating 6.3 Multi-Colored Coating 5.7 Optical Coating 6.7 Polyurethane Shoe Sole 6.7 Vacuum-Metalizing Coating 6.7 Decorative Coating of Foam Products, Dip-Coated, Air- Dried 5.7 Pleasure Craft Coatings Extreme High-Gloss Coating 5.0 High-Gloss Coating 3.5 Pretreatment Wash Primer 6.5 Finish Primer/Surfacer 5.0 High-Build Primer/Surfacer 2.8 Aluminum Substrate Antifoulant 4.7 Other Substrate Antifoulant 3.3 Antifoulant Sealer/Tie Coating 3.5 All Other Coatings 3.5 Motor Vehicle Coatings Cavity Wax 5.4 Sealer 5.4 Deadener 5.4 Gasket/Gasket- Sealing Material 1.7 Underbody Coating 5.4 Trunk Interior Coating 5.4 Bedliner 1.7 Lubricating Wax/Compound 5.8 3. Method and determination of compliance. The emission limits in paragraph (3)(J)2. of this rule shall be achieved through A. VOC content of coatings. the emission limit in paragraph (3)(J)2. of B. Combination of VOC content of C. Control system. If a control system 4. Application equipment. One (1) or a control device per subparagraph (3)(J)3.C. of A. Electrostatic spray application;

B. HVLP spray equipment;

C. Flow coating;

D. Roller coating;

E. Dip coating, including electrode- F. Airless spray;

G. Air-assisted airless spray;

H. Ink jet technology; and I. Other coating application method 5. Work practices. Work practices shall A. Store all VOC-containing coatings, B. Ensure that mixing and storage C. Minimize spills of VOC-containing D. Clean up spills immediately;

E. Convey any coatings, thinners, and F. Minimize VOC emissions from the 6. For metal parts coatings, the VOC limits in paragraph (3)(J)2. of this rule do not apply to the following types of coatings and coating operations:

A. Stencil coatings;

B. Safety-indicating coatings;

C.Solid film lubricants;

D. Electric-insulating and thermalconducting coatings;

E. Magnetic data storage disk coatings; and F. Plastic extruded onto metal parts to form a coating.

7. For metal parts coatings, the application equipment requirements in paragraph (3)(J)4. of this rule do not apply to the following types of coatings and coating opera- A. Touch-up coatings;

B. Repair coatings; and C. Textured coatings.

8. For plastic parts coatings, the VOC limits in paragraph (3)(J)2. of this rule do not apply to the following types of coatings and coating operations:

A. Touch-up and repair coatings;

B. Stencil coatings applied on clear or transparent substrates;

C. Clear or translucent coatings;

D. Coatings applied at a paint manufacturing facility while conducting performance tests on the coatings;

E. Any individual coating category used in volumes less than fifty (50) gallons in any one (1) year, if substitute compliant coatings are not available, provided that the total usage of all such coatings does not exceed two hundred (200) gallons per year, per facility;

F. Reflective coating applied to highway cones;

G. Mask coatings that are less than one-half (0.5) millimeter thick (dried) and the area coated is less than twenty-five (25) square inches;

H. Electromagnetic interference and radio frequency interference (EMI/RFI) shielding coatings; and I. Heparin-benzalkonium chloride (HBAC)-containing coatings applied to medical devices, provided that the total usage of all such coatings does not exceed one hundred (100) gallons per year, per facility.

9. For plastic parts coatings, the application equipment requirements in paragraph (3)(J)4. of this rule do not apply to airbrush operations using five (5) gallons or less per year of coating.

10. For automobile, transportation, or business machine plastic parts coatings, the VOC limits in paragraph (3)(J)2. of this rule do not apply to the following types of coatings and coating operations:

A. Texture coatings;

B. Vacuum metalizing coatings;

C. Gloss reducers;

D. Texture adhesion primers;

E. Electrostatic preparation coatings;

F. Resist coatings; and G. Stencil coatings.

11. For pleasure craft surface coating operations, the application equipment requirements in paragraph (3)(J)4. of this

rule do not apply to extreme high-gloss coatings.

12. The limits for military specification coatings in subparagraph (3)(J)2.B. of this

rule do not apply to coatings that meet the following criteria:

A.The coating is only applied to military equipment used for national defense;

B. The coating performance is critical to the successful operation of the military equipment; and C. The coating is mandated in a specification or contract and a substitution of coatings that meet the VOC limits in subparagraph (3)(J)2.B. of this rule is prohibited.

13. The limits for pleasure craft coatings in subparagraph (3)(J)2.B. do not apply to pleasure craft touch-up and repair coatings supplied by the manufacturer or supplier in containers with a net volume of one (1) liter or less.

(K) Industrial Adhesive Application.

1. The requirements in this subsection apply to adhesive application processes.

2. Emission limits.

A. No owner or operator of an adhesive application process subject to this sub-

section may cause, allow, or permit the discharge into the ambient air of any VOCs in B. The VOC limits in subparagraph (3)(K)2.A. of this rule for adhesives or adhesive primers applied to particular substrates shall apply as follows:

(I) If an adhesive is subject to a specific VOC limit in subparagraph (3)(K)2.A., the specific limit is applicable rather than an adhesive-to-substrate limit;

(II) When an adhesive is used to bond dissimilar substrates, the applicable substrate category with the highest VOC content determines the limit.

3. Method and determination of compliance. The emission limits in paragraph (3)(K)2. of this rule shall be achieved through A. VOC content of coatings.

VOC content of all coatings used in an adhesive application process, expressed as pounds of VOC per gallon of coating (minus water and exempt compounds) per subparagraph (5)(C)3.A. of this rule. The adhesive application process is in compliance if this value is less than or equal to the emission limits in paragraph (3)(K)2. of this rule;

B. Combination of VOC content of graph (5)(C)4. of this rule. The adhesive application process is in compliance if the actual overall control system efficiency is greater than or equal to the required control system efficiency; or C. Control system. If a control system control system efficiency must be eighty-five percent (85%) or greater.

4. Application equipment. One (1) or a be used for adhesive application, unless control device per subparagraph (3)(K)3.C.

A. Electrostatic spray application;

B. HVLP spray equipment;

C. Flow coating;

D. Roller coating or hand application, including non-spray application methods similar to hand- or mechanically-powered caulking gun, brush, or direct hand application;

E. Dip coating, including electrode- F. Airless spray;

G. Air-assisted airless spray;

H. Ink jet technology; and I. Other coating application method 5. Work practices. Work practices shall A. Store all VOC-containing coatings, B. Ensure that mixing and storage C. Minimize spills of VOC-containing D. Clean up spills immediately;

E. Convey any coatings, thinners, and F. Minimize VOC emissions from the (4) Reporting and Record Keeping.

(A) The owner or operator of a surface coating unit covered under this rule shall keep records as necessary to determine compliance. Records kept should be appropriate for the facility, their products, and operations.

These may include, as applicable, one (1) or more of the following:

1. Current list of coatings used and the VOC content as-applied;

2. Daily volume usage of each coating;

3. Records of the weighted average VOC content for each coating type included in averaging for coating operations that achieve compliance through coating VOC content or a combination of coating VOC content and control system;

4. Annual VOC emissions from surface coating equipment cleaning; and 5. All test results to determine capture efficiency, control efficiency, and coating properties.

(B) Records such as daily production rates may be substituted for actual daily coating use measurements provided the owner submits a demonstration, approved by the director, that these records are adequate for the (C) Any owner or operator using an emission control device to achieve compliance shall maintain daily records of key system operating parameters for emission control equipment including, but not limited to:

1. Identification of the type of emissions control system used;

JOHN R. ASHCROFT (2/28/19)*

Category Adhesives Applied to the Specific Substrates Reinforced Plastic Composites 1.7 Flexible Vinyl 2.1 Metal 0.3 Porous Material (Except Wood) 1.0 Rubber 2.1 Wood 0.3 Other Substrates 2.1 Specialty Adhesive Application Processes Ceramic Tile Installation 1.1 Contact Adhesive 2.1 Cove Base Installation Adhesive 1.3 Floor Covering Installation Adhesive, Indoor 1.3 Floor Covering Installation Adhesive, Outdoor Perimeter Bonded Sheet Flooring Installation 5.5 Metal to Urethane/Rubber Molding or Casting 7.1 Motor Vehicle Adhesive 2.1 Weatherstrip Adhesive 6.3 Multipurpose Construction 1.7 ABS Plastic Solvent Welding 3.3 Plastic Solvent Welding, Except ABS Plastic Solvent Welding Sheet Rubber Lining Installation 7.1 Single-Ply Roof Membrane Installation/Repair, Except EPDM Glue Structural Glazing 0.8 Thin Metal Laminating 6.5 Tire Repair 0.8 Waterproof Resorcinol Glue 1.4 Adhesive Primer Application Processes Glass-Bonding Primer (Motor Vehicle) 7.5 Plastic Solvent Welding Adhesive Primer 5.4 Single-Ply Roof Membrane Adhesive Primer Other Adhesive Primer 2.1 2. Hours of operation;

3. Routine and non-routine maintenance, including dates and duration of any outages;

4. Records of test reports conducted;

5. An owner or operator of a surface coating unit employing a thermal or catalytic oxidizer to achieve compliance shall comply with the following requirements:

A. Continuous temperature monitoring and recording equipment shall be installed and operated to accurately measure the operating temperature(s) for the control B. The following information shall be collected and recorded each day of operation of the surface coating unit and the control device:

(I) A log or record of the operating time for the control device, monitoring equipment, and the associated surface coating unit;

(II) For thermal oxidizers, all three (3)-hour periods of operation during which the average combustion temperature was more than fifty degrees Fahrenheit (50 ºF) below the average combustion temperature during the most recent emission test that demonstrated that the surface coating unit was in compliance; and (III) For catalytic oxidizers, all three (3)-hour periods of operation during which the average temperature of the exhaust gases immediately before the catalyst bed was more than fifty degrees Fahrenheit (50 ºF) below the average temperature of the exhaust gases during the most recent emission test unit was in compliance, and all three (3)-hour periods during which the average temperature difference across the catalyst bed was less than eighty percent (80%) of the average temperature difference during the most recent emission test that demonstrated that the surface coating operation was in compliance;

6. An owner or operator of a surface coating unit employing a carbon adsorption system to achieve compliance shall comply with the following requirements:

A. The following types of monitoring and recording equipment shall be installed and operated for the carbon adsorption system:

(I) A continuous emission monitoring and recording system that is capable of accurately measuring and recording the concentration of organic compounds in the exhaust gases from the carbon adsorption system;

(II) Monitoring and recording equipment that is capable of accurately measuring and recording the total mass steam flow rate for each regeneration cycle of each carbon bed; and (III) Monitoring and recording equipment that is capable of accurately measuring and recording the temperature of each carbon bed after regeneration (and after completion of any cooling cycle(s)); and B. The following information shall be collected and recorded each day of operation of the surface coating unit and the carbon adsorption system:

(I) A log or record of the operating time for the carbon adsorption system, monitoring equipment, and the associated surface coating unit;

(II) For a carbon adsorption system that employs a continuous emission monitoring and recording system to measure and record the concentration of organic compounds in the exhaust gases, all three (3)hour periods of operation during which the average concentration level or reading in the exhaust gases is more than twenty percent (20%) greater than the exhaust gas organic compound concentration level or reading measured by the most recent performance test unit was in compliance;

(III) For a carbon adsorption system that employs monitoring and recording equipment to measure and record the total mass steam flow rate for each regeneration cycle of each carbon bed, all carbon bed regeneration cycles during which the total mass steam flow rate was more than ten percent (10%) below the total mass steam flow rate during the most recent performance test unit was in compliance; and (IV) For a carbon adsorption system that employs monitoring and recording equipment to measure and record the temperature of each carbon bed after regeneration (and after completion of any cooling cycle(s)) was more than ten percent (10%) greater than the carbon bed temperature during the most recent performance test that demonstrated that the surface coating unit was in compli- (D) Records required under subsections (4)(A) through (4)(C) of this rule shall be retained by the owner or operator for a minimum of five (5) years and made available to the director upon request.

(5) Test Methods.

(A) Test Methods for Control Systems.

Owners or operators demonstrating compliance with the provisions of this rule via a control system shall determine the overall control system efficiency as the product of the capture efficiency and control device efficiency, using the following test methods:

1. The VOC concentration of gaseous air streams shall be determined with a test consisting of three (3) separate runs, each lasting a minimum of sixty (60) minutes using one (1) of the following methods as specified by 40 CFR 60, Appendix A in 10 CSR 10-6.030(22):

A. Method 18—Measurement of Gaseous Organic Compound Emissions by Gas Chromatography;

B. Method 25—Determination of Total Gaseous Non-methane Organic Emissions as Carbon; or C. Method 25A—Determination of Total Gaseous Organic Concentration Using Flame Ionization Analyzer;

2. Sample and velocity traverses shall be determined by using one (1) of the following methods as specified by 40 CFR 60,

Appendix A in 10 CSR 10-6.030(22):

A. Method 1—Sample and Velocity Traverses for Stationary Sources; or B. Method 1A—Sample and Velocity Traverses for Stationary Sources with Small Stacks or Ducts;

3. Velocity and volumetric flow rates shall be determined by using one (1) of the following methods as specified by 40 CFR 60, Appendix A in 10 CSR 10-6.030(22):

A. Method 2—Determination of (Type S Pitot Tube);

B. Method 2A—Direct Measurement of Gas Volume Through Pipes and Small Ducts;

C. Method 2C—Determination of in Small Stacks or Ducts (Standard Pitot Tube);

D. Method 2D—Measurement of Gas Volumetric Flow Rates in Small Pipes and Ducts;

E. Method 2F—Determination of With Three-Dimensional Probes;

F. Method 2G—Determination of With Two-Dimensional Probes; or G. Method 2H—Determination of Stack Gas Velocity Taking Into Account Velocity Decay Near the Stack Wall;

4. To analyze the exhaust gases, use Method 3 as specified by 40 CFR 60,

Appendix A in 10 CSR 10-6.030(22);

5. To measure the moisture in the stack gas, use Method 4 as specified by 40 CFR 60, Appendix A in 10 CSR 10-6.030(22);

6. To determine capture efficiency, use the procedure in 10 CSR 10-6.030(20).

(B) Test Methods for Determining Coating (2/28/19)* JOHN R. ASHCROFT Properties. The coating properties in paragraphs (5)(B)1. through (5)(B)6. of this rule shall be determined from the coating manufacturer’s supplied data or Method 24 as specified by 40 CFR 60, Appendix A in 10 CSR 10-6.030(22). If there is a discrepancy between the manufacturer’s supplied data and Method 24, compliance shall be based on Method 24.

1. Density of coating, DC.

A. Electrodeposition primer. For electrodeposition primer, the coating density is as-received.

B. All other coatings. For all other coatings, the coating density is as-applied.

2. Volume fraction of solids in the coating, V A. Electrodeposition primer. For electrodeposition primer, the volume fraction of solids in the coating is as-received.

B. All other coatings. For all other coatings, the volume fraction of solids in the coating is as-applied.

3. Weight fraction of exempt compounds in the coating, W 4. Weight fraction of regulated VOC in the coating, W . This value does not include the weight fraction of water or exempt compounds.

A. Electrodeposition primer. For electrodeposition primer, the weight fraction of VOC in the coating is as-received.

B. All other coatings. For all other coatings, the weight fraction of VOC in the coating is as-applied.

5. Weight fraction of solids in the coating, W 6. Weight fraction of water in the coating, W (C) Other Test Methods and Calculations.

1. Calculating the VOC content of the A. The VOC content of the coating as-applied, expressed as pounds of VOC per compounds), shall be determined using Equation (1) as follows:

B = (1) ) ( m D 1− − å 8.33 j=1 D pounds); exempt compounds; = weight fraction of water in the coating, as-applied; = weight fraction of exempt compounds in the coating, as-applied; = density of each exempt compound, m = number of exempt compounds in the coating; and 8.33 = density of water, expressed as pounds per gallon.

B. The VOC content of the coating asapplied, expressed as pounds of VOC per gallon of coating solids, shall be determined using Equation (2) as follows:

(2) = VOC content of the coating as-applied, coating solids; exempt compounds; and = volume fraction of solids in the coating, as-applied.

C. The VOC content of the coating as-applied, expressed as pounds of VOC per pound of coating solids, shall be determined using Equation (3) as follows:

(3) = VOC content of the coating asapplied, expressed as pounds of VOC per pound of coating solids; exempt compounds; and = weight fraction of solids in the coating, as-applied.

2. Equivalent emission limits. Emission limits expressed as pounds of VOC per gallon pounds) shall be converted to an equivalent emission limit expressed as pounds of VOC per gallon of coating solids using Equation (4) as follows:

(4) 7.36 = emission limit expressed as pounds of VOC per gallon of coating solids;

L = emission limit expressed as pounds of exempt compounds); and 7.36 = average density of solvents, in pounds per gallon, used to originally establish the emission limits.

3. Weighted averaging.

A. The daily volume-weighted average VOC content of all coatings used in a surface coating unit, expressed as pounds of exempt compounds), shall be calculated using Equation (5) as follows: =1 (5) per gallon of coating (minus water and exempt compounds);

A = daily gallons of each coating used surface coating unit; pounds). This is determined by subparagraph (5)(C)1.A. of this rule;

C = total daily gallons of coatings used surface coating unit; and B. The daily volume-weighted average gallon of coating solids, shall be calculated using Equation (6) as follows: =1 (6) per gallon of coating solids;

A = daily gallons of coating solids for each coating used in a surface coating unit; = VOC content of the coating as-applied, coating solids. This is determined by subparagraph (5)(C)1.B. of this rule; = total daily gallons of coatings solids used in a surface coating unit; and C. The daily mass-weighted average pound of coating solids, shall be calculated using Equation (7) as follows: =1 (7) = daily mass-weighted average per pound of coating solids;

A = daily pounds of coating solids for each coating used in a surface coating unit; = VOC content of the coating asapplied, expressed as pounds of VOC per pound of coating solids. This is determined by subparagraph (5)(C)1.C. of this rule; = total daily pounds of coatings solids used in a surface coating unit; and D. The monthly volume-weighted average VOC emission rate of an electrodeposition primer, expressed as pounds of VOC per gallon of coating solids deposited, shall be determined using Equation (8) as follows: = monthly volume-weighted average VOC emission rate of the electrodeposition primer, expressed as pounds of VOC per gallon of coating solids deposited; = monthly volume of each coating consumed, as-received, expressed as gallons; = density of each coating as-received, = weight fraction of VOC in each coating, as-received; = monthly volume of each type of VOC dilution solvent added to the coating, expressed as gallons; = density of each type of VOC dilution solvent added to the coating, expressed as pounds per gallon; = volume fraction of solids in each coating as-received, expressed as gallons of solids per gallon of coating;

E = overall control system efficiency; n = number of coatings used; and m = number of VOC dilution solvents used.

E. The monthly volume-weighted average VOC content of all coatings used in a surface coating unit, expressed as pounds of exempt compounds), shall be calculated using Equation (9) as follows: i=1 (9) = monthly volume-weighted average VOC content as-applied, expressed as pounds of VOC per gallon of coating (minus water and exempt compounds);

A = monthly gallons of each coating used surface coating unit; pounds), as delivered to the coating applicator. This is determined by subparagraph (5)(C)1.A. of this rule;

C = total monthly gallons of coatings used surface coating unit; and 4. The required control system efficiency shall be determined using Equation (10) as (DAVG − L R = ×100 (10)

R = required control system efficiency; gallon of coating solids, per subparagraph (5)(C)3.B. of this rule; and = emission limits expressed as pounds of VOC per gallon of coating solids, per paragraph (5)(C)2. of this rule.

Original rule filed Dec. 15, 1978, effective July 12, 1979. Amended: Filed March 13, 1980, effective Sept. 12, 1980. Amended:

Filed Aug. 15, 1983, effective Jan. 13, 1984.

Amended: Filed Dec. 13, 1983, effective Jan. 13, 1984. Rescinded and readopted: Filed June 30, 1989, effective Nov. 26, 1989.

Amended: Filed May 19, 2000, effective Jan. 30, 2001. Amended: Filed Nov. 30, 2010, effective Aug. 30, 2011. Amended: Filed June 27, 2018, effective March 30, 2019.

##### **10 CSR 10-5.340** Control of Emissions From Rotogravure and Flexographic Printing Operations ic compound emissions from rotogravure and flexographic printing operations including flexible package printing operations. {#sec-10-csr-10-5.340 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.340}

(1) Applicability.

(A) This rule shall apply throughout St.

Franklin, and St. Louis Counties.

(B) This rule applies to installations with at least one (1) of the following:

1. Uncontrolled potential emissions equal to or greater than two hundred fifty kilograms (250 kg) per day or one hundred (100) tons per twelve (12)-consecutive-month period of volatile organic compounds (VOC) from the combination of rotogravure and flexographic printing presses. The uncontrolled potential emissions are the potential å L + å L i=1 j=1 × [1−E/100]

(8) å L emissions (as defined) plus the amount by weight of VOCs whose emission into the atmosphere is prevented by the use of air pollution control devices;

2. Individual flexible package printing press(es) with the potential to emit VOCs in an amount equal to or greater than twentyfive (25) tons per twelve (12)-consecutivemonth period; and 3. Flexible package printing operations that have actual VOC emissions, including related cleaning activities, before consideration of controls, of at least three (3) tons per twelve (12)-month rolling period. Once an installation exceeds this applicability level, it shall remain subject to this rule even if its actual emissions drop below this applicability level until it can demonstrate, to the satisfaction of the director, that the total actual VOC emissions from flexible package printing operations including related cleaning activities, is less than three (3) tons per twelve (12)-month rolling period for sixty (60) consecutive months.

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

(3) General Provisions.

(A) VOC Emission Control for Flexographic and Rotogravure Printing Presses.

Each source that satisfies the applicability requirement of paragraph (1)(B)1. of this rule shall meet one (1) of the following:

1. No owner or operator shall use or permit the use of any of the following printing presses unless they are equipped with a control device. The control device shall remove, destroy, or prevent the emission of VOCs into the ambient air by at least the percentage indicated by weight of the uncontrolled VOC emissions on a daily weighted basis.

Printing Press Percentage Flexographic 60 Publication Rotogravure 75 Other Rotogravure 65 2. Low solvent technology may be used to achieve VOC emission reductions instead of the methods in paragraph (3)(A)1. of this

rule. If low solvent technology is used, the following limits must be met for each press:

A. For waterborne inks, the volatile portion of the ink as applied to the substrate must contain no more than twenty-five percent (25%) by volume of VOC; and B. For water-based or high solids inks, the ink as applied to the substrate must be at least sixty percent (60%) by volume non-VOC material.

(B) VOC Emission Control for Flexible Package Printing Presses. Each source that satisfies the applicability requirement of paragraph (1)(B)2. of this rule shall meet one (1) of the following:

1. No owner or operator shall use or permit the use of any of the following flexible packaging printing presses unless they are equipped with a control device. The control device shall remove, destroy, or prevent the emission of VOCs into the ambient air by at least the percentage indicated by weight of the uncontrolled VOC emissions on a daily weighted basis.

2. Low solvent technology may be used to achieve VOC emission reductions instead of the methods in paragraph (3)(B)1. of this

rule. If low solvent technology is used, all inks, coatings, and adhesives combined must meet one (1) of the following limits for each press:

A. Contain no more than 0.8 pounds of VOC per pound solids applied; or B. Contain no more than 0.16 pounds of VOC per pound materials applied.

(C) Press Cleaning. For the purpose of this

rule, a cleaning operation is any activity involving the cleaning of a press or press parts or removal of dried ink from areas around a press including the off-line cleaning of inks, coatings, and adhesives from press parts that have been removed from the press for cleaning. It does not include the use of parts washers or cold cleaners for purposes other than removing inks, coatings, or adhesives or the use of janitorial supplies (e.g., detergents or floor cleaners) to clean areas around a press. For sources meeting any of the applicability requirements of subsection (1)(B) of this rule, no owner or operator of any applicable printing press shall perform a cleaning operation that uses cleaning solvents containing VOCs unless— 1. The cleaning solvents are kept in tightly-covered tanks or containers during transport and storage;

2. The used cleaning cloths contaminated with the cleaning solvents are placed in tightly-closed containers while awaiting offsite transportation. The cleaning cloths shall be properly cleaned and disposed of; and 3. An owner or operator may use an alternate method for reducing cleaning solvent VOC emissions, including the use of low VOC cleaning solvents, if the owner or operator shows the emission reduction is equal to or greater than paragraphs (3)(C)1. and 2. of this rule. This alternate method must be approved by the director.

(4) Reporting and Record Keeping. All owners and operators subject to this rule shall maintain records as required by this section to determine continuous compliance with this

rule. These records shall be kept for at least five (5) years or longer if enforcement action is pending. These records shall be available immediately upon request for review by the Department of Natural Resources’ personnel and other air pollution control agencies upon presentation of proper credentials.

(A) For owners or operators using an addon control device(s) to meet the requirements of paragraph (3)(A)1. or (3)(B)1. of this rule, the following parameters shall be monitored and recorded to determine compliance with the applicable provisions of this rule:

1. Operating temperature of all VOC destruction devices monitored on a continuous basis while a connected printing press is operating and logged at least once every fifteen (15) minutes. The operating temperature is the gas temperature upstream of the catalyst bed for catalytic oxidizers and the oxidizer operating temperature for thermal and regenerative oxidizers;

2. VOC breakthrough on a carbon adsorption unit on a continuous basis;

3. Results of all emissions testing and inspections of control equipment as required in section (5) of this rule when performed;

4. Maintenance, repairs, and malfunction of any air pollution control equipment when performed;

5. The cumulative amount of VOC recovered during a calendar month for all VOC recovery equipment; and 6. Any other monitoring parameter required by the director to determine compliance with paragraph (3)(A)1. or (3)(B)1. of (B) For owners or operators meeting the requirements of paragraphs (3)(A)2. and (3)(B)2. of this rule, for each ink formulation used, the following shall be recorded for each press to determine continuous compliance with the applicable provisions of this rule:

1. Volume-weighted ink VOC content in percent by volume for each ink formulation as applied on a monthly basis;

2. Results of ink testing as required in

section (5) of this rule when performed, manufacturer’s formula specification sheet, or Material Safety Data Sheets (MSDS) for each ink purchased; and 3. Any other information required by the director to determine compliance with paragraph (3)(A)2. or (3)(B)2. of this rule.

(C) For owners and operators using low solvent technology without the use of control equipment to meet the requirements of paragraphs (3)(A)2. and (3)(B)2. of this rule, and for whom subsection (4)(B) of this rule does not apply, the following shall be recorded in addition to the records required by subsection (4)(B) of this rule to determine daily compliance with the applicable provisions of this

rule:

1. Ink usage in gallons for each ink formulation as applied on a daily basis for each press;

2. Volume-weighted density of VOCs in ink in pounds per gallon for each ink formulation as applied on a daily basis;

3. Volume-weighted average of the VOC content of each ink formulation as applied in percent by volume for each press on a daily 4. Ink water content in percent by volume for each ink formulation as applied on a daily basis for each press; and 5. Ink exempt solvent content in percent by volume for each ink formulation as applied on a daily basis for each press.

(5) Test Methods.

(A) Testing and compliance demonstrations for the emission limits of paragraph (3)(A)1. or (3)(B)1. of this rule shall follow the procedures contained in 10 CSR 10- 6.030(14)(A) and 10 CSR 10-6.030(20). The averaging time for these tests shall be three (3) one (1)-hour tests. These procedures will determine control device capture efficiency and destruction efficiency. Control device testing will be required as the director determines necessary to verify the capture and destruction efficiencies. At a minimum, an initial emission test shall be performed after any required control equipment is installed.

The emission limits of paragraphs (3)(A)1. or (3)(B)1. of this rule shall not have been met until compliance has been verified at least once through this testing. Testing shall also be required within one hundred eighty (180) days after significant modifications to any control equipment required by this rule.

Significant modifications include any repairs or changes that might substantially alter or affect the overall control efficiency. The oxidizer operating temperature or the temperature of the gas upstream of the catalyst bed monitored and recorded in accordance with paragraph (4)(A)1. of this rule shall be used as the operating parameter for determining continuous compliance. These temperatures shall be monitored with an accuracy of the greater of plus or minus three-fourths percent (±0.75%) of the temperature being measured expressed in degrees Celsius or two and onehalf degrees Celsius (2.5 ºC). The operating parameter temperatures shall be computed as the time-weighted average of the temperature values recorded during the test. The owner or operator must maintain the oxidizer at a three (3)-hour average temperature equal to or greater than a temperature fifty degrees Fahrenheit (50 °F) below the average temperature observed during the most recent stack test to demonstrate continuous compliance.

(B) Testing and compliance demonstrations for the emission limits of paragraph (3)(A)2. or (3)(B)2. of this rule shall follow the procedures contained in 10 CSR 10-6.030 subsections (14)(C) and (D), respectively. These procedures will determine the VOC content of inks. Ink testing will be required as the director determines necessary to verify the manufacturers’ formula specifications. Ink manufacturer’s formula specifications or MSDS shall be used to determine compli- (C) Control Device Inspection. For catalytic oxidizers, the catalyst bed material shall be inspected annually for general catalyst condition and any signs of potential catalyst depletion. The owner or operator shall also collect a representative sample of the catalyst from the oxidizer, per manufacturer’s recommendations, and have it tested to evaluate the catalyst’s capability to continue to function at or above the required control efficiency. An evaluation of the catalyst bed material shall be conducted whenever the results of the inspection indicate signs of potential catalyst depletion or poor catalyst condition based on manufacturer’s recommendations, but not less than once per year.

Sept. 12, 1980. Amended: Filed Nov. 10, Amended: Filed July 15, 1991, effective Feb. 6, 1992. Amended: Filed Nov. 30, 2010, effective Aug. 30, 2011.

##### **10 CSR 10-5.350** Control of Emissions From Manufacture of Synthesized Pharmaceutical Products ic compound emissions from the manufacture of synthesized pharmaceutical products. {#sec-10-csr-10-5.350 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.350}

(1) Application.

(A) This rule shall apply throughout St.

(B) This rule applies to all synthesized pharmaceutical manufacturing installations.

(C) This rule applies only to operations including reactors, distillation units, dryers, storage of volatile organic compounds (VOCs), transfer of VOC, extraction equipment, filters, crystallizers and centrifuges that individually and uncontrolled would emit fifteen pounds (15 lbs.) per day or more of VOC.

(D) This rule does not apply to operations used exclusively for chemical or physical analysis or determination of product quality and commercial acceptance (such as research facilities, pilot plant operations and laboratories) unless— 1. The operation is an integral part of the production process; or 2. The emissions from the operation exceed three hundred sixty-three kilograms (363 kg) (eight hundred 800 lbs.) in any calendar month.

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

(3) Operating Equipment and Operating Procedure Requirements.

(A) The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this rule shall control the VOC emissions from all reactors, distillation operations, crystallizers, centrifuges and vacuum dryers by the use of surface condensers or equivalent controls.

1. If surface condensers are used, with vapor pressures as measured at twenty degrees Celsius (20 °C), the condenser outlet gas temperature must not exceed— A. Minus twenty-five degrees Celsius (-25 °C), when condensing VOC of vapor pressure greater than 40.0 kilopascals (kPa)

(5.8 psi);

B. Minus fifteen degrees Celsius (-15 °C), when condensing VOC of vapor pressure greater than 20.0 kPa (2.9 psi);

C. Zero degrees Celsius (0 °C), when condensing VOC of vapor pressure greater than 10.0 kPa (1.5 psi);

D. Ten degrees Celsius (10 °C), when condensing VOC of vapor pressure greater than 7.0 kPa (1.0 psi); or E. Twenty-five degrees Celsius (25 °C), when condensing VOC of vapor pressure greater than 3.50 kPa (0.5 psi).

2. If equivalent controls are used, the VOC emissions must be reduced by an amount equivalent to the reductions achieved in paragraph (3)(A)1. Equivalent controls may not be used unless approved by the direc- (B) The owner or operator of a synthesized subject to this rule shall reduce the VOC emissions from all air dryers and production equipment exhaust systems— 1. By at least ninety percent (90%) if emissions are one hundred fifty (150) kg/day, three hundred thirty (330) lbs./day or more of VOC; or 2. To fifteen (15) kg/day thirty-three (33) lbs./day or less if emissions are less than one hundred fifty (150) kg/day, three hundred thirty (330) lbs./day of VOC.

(C) The owner or operator of a synthesized subject to this rule shall— 1. Provide a vapor recovery system or equivalent control that is ninety percent (90%) or more effective in reducing daily average emissions from truck or railcar deliveries to storage tanks with capacities greater than seven thousand five hundred (7,500) liters (two thousand (2,000) gallons) that store VOC with vapor pressures greater than 28.0 kPa (4.1 psi) at twenty degrees Celsius (20 °C); and 2. Install pressure/vacuum conservation vents set at ±0.2 kPa on all storage tanks that store VOC with vapor pressures greater than 10.0 kPa (1.5 psi) at twenty degrees Celsius (20 °C), unless a more effective control system is used.

(D) The owner or operator of a synthesized subject to this rule shall enclose all centrifuges, rotary vacuum filters and other filters having an exposed liquid surface, where the liquid contains VOC and exerts a total VOC vapor pressure of 3.50 kPa (0.5 psi) or more at twenty degrees Celsius (20 °C).

(E) The owner or operator of a synthesized subject to this rule shall install covers on all in-process tanks containing a VOC at any time. These covers must remain closed, unless production, sampling, maintenance or inspection procedures require operator access.

(F) The owner or operator of a synthesized subject to this rule shall repair all leaks from which a liquid containing VOC can be observed running or dripping. The repair shall be completed the first time the equipment is off-line for a period of time long enough to complete the repair.

(4) Compliance Determination and Record Keeping.

(A) Compliance with this rule in subsections (3)(A) and (B) and paragraph (3)(C)1. shall be determined by the testing methods referenced in 10 CSR 10-6.030(14)(A).

(B) Owners or operators utilizing add-on control technology shall monitor and record the following parameters continuously while the affected equipment is in operation:

1. Exhaust gas temperature of all incinerators;

2. Temperature rise across a catalytic incinerator bed;

3. VOC breakthrough on a carbon adsorption unit;

4. Exit stream temperature on all condensers; and 5. Any other monitoring device requested by the director.

(C) Records shall be kept on production rates sufficient to determine daily VOC emissions and any equipment test results performed in conjunction with this rule.

(D) Records of all information requested in subsection (4)(B) shall be kept for a period of not less than two (2) years and all these records shall be made available to the director upon his/her request.

(5) Compliance Dates.

(A) The owner or operator of a synthesized subject to this rule must submit a final control plan to the director by December 31, 1980, for his/her approval. This plan must include the following:

1. A detailed plan of process modifications; and 2. A time schedule for compliance containing increments of progress and a final compliance date.

(B) Compliance with this rule shall be accomplished by any installation as expeditiously as practicable, but in no case shall final compliance extend beyond December 31, 1982.

Sept. 12, 1980. Amended: Filed Oct. 4,

##### **10 CSR 10-5.360** Control of Emissions From Polyethylene Bag Sealing Operations Original rule filed June 14, 1982, effective Nov. 11, 1982. Amended: Filed Oct. 4, 1988, effective March 11, 1989. Rescinded: Filed April 13, 2018, effective Jan. 30, 2019. {#sec-10-csr-10-5.360 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.360}

##### **10 CSR 10-5.370** Control of Emissions From the Application of Deadeners and Adhesives Original rule filed Aug. 15, 1983, effective Jan. 13, 1984. Amended: Filed June 4, 1985, effective Oct. 26, 1985. Amended: Filed Oct. 4, 1988, effective March 11, 1989. {#sec-10-csr-10-5.370 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.370}

Rescinded: Filed April 10, 2018, effective Jan. 30, 2019.

##### **10 CSR 10-5.375** Motor Vehicle Emission Inspection Waiver {#sec-10-csr-10-5.375 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.375}

(Rescinded August 30, 2007)

Filed Aug. 4, 2000, effective March 30, 2001. Rescinded: Filed Jan. 16, 2007, effective Aug. 30, 2007.

**History**
- *AUTHORITY: section 307.366.4, RSMo Supp. 1999. Original rule filed Jan. 14, 1997, effective Aug. 30, 1997. Amended:*

##### **10 CSR 10-5.380** Motor Vehicle Emissions Inspection {#sec-10-csr-10-5.380 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.380}

(Rescinded August 30, 2007)

Emergency rescission and rule filed Aug. 15, 1994, effective Aug. 28, 1994, expired Dec. 25, 1994. Emergency amendment filed Dec. 12, 1994, effective Dec. 25, 1994, expired April 23, 1995. Rescinded and readopted:

Filed July 20, 1994, effective March 30, 1995. Amended: Filed April 17, 1995, effective Nov. 30, 1995. Amended: Filed Dec. 13, 1996, effective July 30, 1997. Amended:

Filed May 14, 1999, effective Dec. 30, 1999.

Emergency amendment filed Nov. 30, 1999, effective Jan. 1, 2000, expired June 28, 2000. Amended: Filed Dec. 1, 1999, effective July 30, 2000. Amended: Filed May 15, 2002, effective Dec. 30, 2002. Rescinded:

Filed Jan. 16, 2007, effective Aug. 30, 2007.

**History**
- *AUTHORITY: section 643.310.1, RSMo 2000. Original rule filed June 14, 1982, effective Jan. 13, 1983. Amended: Filed Aug. 15, 1983, effective Jan. 13, 1984.*

##### **10 CSR 10-5.381** Onboard Diagnostics Motor Vehicle Emissions Inspection {#sec-10-csr-10-5.381 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.381}

PURPOSE: This rule enacts the provisions of sections 643.300–643.355, RSMo, and meets the 1990 Federal Clean Air Act Amendments requirement that the ozone state implementation plan contains necessary enforceable measures to maintain the mandatory vehicle emissions inspection and maintenance program. The purpose of the inspection and maintenance program is to reduce vehicle emissions in the St. Louis 2015 eight- (8-) hour ozone nonattainment area.

rial. The entire text of the rule is printed (1) Applicability.

(A) Except as provided in subsection (1)(B) of this rule, subject vehicles include all vehicles operated on public roadways in the geographical area containing the City of St.

Louis and the counties of Franklin, Jefferson, St. Charles, and St. Louis, and which are— 1. Registered in the area with the Missouri Department of Revenue (MDOR);

2. Leased, rented, or privately owned and are not registered in the geographical area but are primarily operated in the area. A vehicle is primarily operated in the area if at least fifty-one percent (51%) of the vehicle’s annual miles are in the area;

3. Owned or leased by federal, state, or local government agencies, and are primarily operated in the geographical area, but are not required to be registered by the state of Missouri. A vehicle is primarily operated in the area if at least fifty-one percent (51%) of the vehicle’s annual miles are in the area; or 4. Owned, leased, or operated by civilian and military personnel on federal installations located within the geographical area, regardless of where the vehicles are registered.

(B) The following vehicles are exempt from this rule:

1. Heavy-duty gasoline-powered and heavy-duty diesel-powered vehicles that receive a gross vehicle weight rating (GVWR) exemption described in subsection (4)(I) of this rule;

2. Light-duty gasoline-powered vehicles and trucks manufactured prior to the 1996 model year and light-duty diesel-powered vehicles and trucks manufactured prior to the 1997 model year;

3. Motorcycles and motortricycles;

4. Vehicles powered exclusively by electric or hydrogen power or by fuels other than gasoline, ethanol (E10 and E85), or diesel;

5. Motor vehicles registered in an area subject to the inspection requirements of sections 643.300–643.355, RSMo, that are domiciled and operated exclusively in an area of the state not subject to the inspection requirements of sections 643.300–643.355, RSMo, that receive an out-of-area exemption described in subsection (4)(J) of this rule;

6. New and unused motor vehicles, of model years of the current calendar year and of any calendar year within two (2) years of such calendar year, that have an odometer reading of fewer than six thousand (6,000) miles at the time of original sale by a motor vehicle manufacturer or licensed motor vehicle dealer to the first user;

7. New motor vehicles that have not been previously titled and registered for the four- (4-) year period following their model year of manufacture that have an odometer reading of fewer than forty thousand (40,000) miles. These vehicles qualify for a mileagebased exemption described in subsection (4)(H) of this rule. Otherwise, such motor vehicles shall be subject to the emissions inspection requirements of subsection (3)(B)

8. Motor vehicles driven fewer than twelve thousand (12,000) miles biennially that receive a mileage-based exemption described in subsection (4)(H) of this rule;

9. Historic motor vehicles registered pursuant to section 301.131, RSMo;

10. School buses;

11. Tactical military vehicles;

12. Visitor, employee, or military personnel vehicles on federal installations provided appointments do not exceed sixty (60) calendar days;

13. Specially constructed vehicles;

14. Plug-in hybrid electric vehicles (PHEVs); and 15. Upon incorporation of this 2022 rule change into Missouri’s federally approved State Implementation Plan or July 1, 2022, whichever is sooner, vehicles subject to sub-

section (1)(A) of this rule registered in Franklin County are exempt unless the vehicle is primarily operated in the area of Jefferson County, St. Charles County, St.

Louis County, and the City of St. Louis. A vehicle is primarily operated in the area if at least fifty-one percent (51%) of the vehicle’s annual miles are in the area.

(2) Definitions.

(A) Business day—All days, excluding Saturdays, Sundays, and state holidays, that an inspection station is open to the public.

(B) Clean scanning—The illegal act of connecting the On-Board Diagnostics (OBD) cable or wireless transmitter to the data link connector of a vehicle other than the vehicle photographed and identified on the emissions VIR for the purpose of bypassing the required OBD test procedure.

(C) Compliance Cycle—The two- (2-) year duration during which a subject vehicle in the enhanced emissions inspection program area is required to comply with sections 643.300- 643.355, RSMo.

1. For private entity vehicles, the compliance cycle begins sixty (60) days prior to the subject vehicle’s registration and biennial license plate tab expiration.

2. For public entity vehicles, the compliance cycle begins on January 1 of each evennumbered calendar year. The compliance cycle ends on December 31 of each odd-numbered calendar year.

(D) Contractor—The state contracted company who shall implement the decentralized motor vehicle emissions inspection program as specified in sections 643.300-643.355, RSMo, and the state contracted company who shall implement the acceptance test procedure.

(E) Department—The Missouri Department of Natural Resources, the state agency responsible for oversight of the vehicle emissions and maintenance program that is required by the federal 1990 Clean Air Act Amendments.

(F) Data Link Connector (DLC)—The terminal required to be installed on all On- Board Diagnostics (OBD) equipped vehicles that allows communication with a vehicle’s OBD system.

(G) Diagnostic Trouble Code (DTC)—An alphanumeric code consisting of five (5) characters which is stored by a vehicle’s OBD system if a vehicle malfunctions or deteriorates in such a way as to potentially raise the vehicle’s tailpipe or evaporative emissions more than one and one half (1.5) times the federal test procedure certification limits.

The code indicates the system or component that is in need of diagnosis and repair to prevent the vehicle’s emissions from increasing further.

(H) Emissions inspection—Tests performed on a vehicle in order to evaluate whether the vehicles emissions control components are present and properly functioning.

(I) Gross Vehicle Weight Rating—The value specified by the manufacturer as the maximum design loaded weight of a single (J) Ground-level ozone—A colorless, odorless gas formed by mixing of volatile organic compounds and oxides of nitrogen from stationary and mobile pollution sources in the presence of heat and sunlight.

(K) Heavy Duty Vehicle (HDV)—Any motor vehicle rated at eight thousand five hundred one (8,501) pounds GVWR or more.

(L) Initial emissions inspection—An emissions inspection consisting of the inspection series that occurs the first time a vehicle is inspected in a compliance cycle.

(M) Licensed emissions inspection station—Any business that has met the licensing requirements in this rule and been licensed to conduct vehicle emissions inspections on behalf of the department.

(N) Licensed emissions inspector—Any individual that has met the licensing requirements described in this rule and been licensed to conduct vehicle emissions inspections on behalf of the department.

(O) Light Duty Truck (LDT)—Any motor vehicle rated at eight thousand five hundred (8,500) pounds GVWR or less which has a vehicle curb weight of six thousand (6,000) pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less which is— 1. Designed primarily for purposes of transportation of property or is a derivation of such a vehicle;

2. Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or 3. Available with special features enabling off-street or off-highway operation and use.

(P) Light Duty Vehicle (LDV)—A passenger car or passenger car derivative capable of seating twelve (12) or less that is rated at six thousand (6,000) pounds GVWR or less.

(Q) Malfunction Indicator Lamp (MIL)— A colored warning light located on the dashboard of vehicles equipped with OBD systems indicating to the vehicle operator that the vehicle either has a malfunction or has deteriorated enough to cause a potential increase in the vehicle’s tailpipe or evaporative emissions.

(R) Missouri Decentralized Analyzer System (MDAS)—The emissions inspection equipment that is sold by the state’s contractor to licensed emissions inspection stations.

The MDAS consists of all hardware and software necessary to perform an emissions inspection, to print vehicle inspection reports, and to print windshield stickers.

(S) Missouri Department of Revenue—The state agency responsible for the oversight of vehicle registration at contract offices and via the internet. MDOR is also responsible for the registration denial method of enforcement for the vehicle emissions inspection and maintenance program.

(T) Missouri State Highway Patrol (MSHP)—The state agency responsible for the oversight of the vehicle safety inspection program and joint oversight with the department of the vehicle emissions inspection and maintenance program.

(U) Offline Inspection—An emissions inspection performed while the emissions inspection equipment is not connected to the Vehicle Inspection Database (VID).

(V) On-Board Diagnostics—A vehicle emissions early-warning system required by federal law to be installed on all light-duty 1996 and newer model year gasoline vehicles and 1997 and newer model year diesel vehicles for sale in the United States. The OBD system monitors sensors attached to all emissions-control related components on a vehicle to ensure that the emissions control system operates properly throughout a vehicle’s lifetime. If one (1) or more components of the emissions control system malfunctions or deteriorates, the OBD system will illuminate the Malfunction Indicator Lamp and store one (1) or more DTCs.

(W) On-Board Diagnostics test—A test in which a vehicle’s OBD system is connected to a hand-held tool or computer that an inspector uses to determine and/or collect and record— 1. The status of the OBD system’s MIL when the vehicle engine is off and when the vehicle engine is running;

2. DLC access and functionality and OBD communication;

3. Vehicle signature information, including, but not limited to, the electronic vehicle identification number (VIN) and other unique parameter identifiers;

4. The status of all of the OBD system’s readiness monitors;

5. The OBD system’s MIL command status; and 6. Any DTCs, including those that are commanding the MIL to be illuminated.

(X) Plug-in hybrid electric vehicle—A plug-in hybrid electric drive vehicle that is made by a manufacturer, has not been modified from original manufacturer specifications, and can operate solely on electric power and is capable of recharging its battery from an on-board generation source and an off-board electricity source.

(Y) Qualifying repair—Any repair or adjustment performed on a vehicle’s emissions control system after failing an initial emissions inspection, that is reasonable to the test method failure. A qualifying repair is submitted as part of a cost-based waiver application and must document, to the department’s satisfaction, the diagnostic testing or analysis method used by the person performing the repair. Repairs performed by a repair technician that were not authorized by the vehicle owner’s signature or verbal consent may not be considered a qualifying repair. The qualifying repair must be performed within ninety (90) days after the date of initial emissions inspection. The initial or subsequent emissions reinspection should support the necessity of the qualifying repair.

The qualifying repair may consist of either— 1. The parts costs, spent by a vehicle owner or charged to a vehicle owner by a repair technician, that are appropriate for the type of emissions inspection failure; or 2. The parts and recognized labor costs, charged to a vehicle owner by a recognized repair technician, that are appropriate for the type of emissions inspection failure.

(Z) Readiness monitor—A design feature of OBD systems. If a readiness monitor has been set, then the OBD system has completed a diagnostic check on that component. If a readiness monitor has not been set, then the OBD system has not completed a diagnostic check on that component.

(AA) Recognized labor costs—The labor costs that a recognized repair technician charges for emissions repair services rendered to a vehicle that fails its emissions inspection. Labor costs not tied to an emissions repair or solely for the purposes of setting readiness monitors may not be considered qualifying repairs.

(BB) Recognized Repair Technician—Any person who— 1. Is professionally engaged full-time in vehicle repair or employed by an ongoing business whose purpose is vehicle repair. A recognized repair technician may only be recognized by the department at one (1) place of employment;

2. Has valid certifications from the National Institute for Automotive Service Excellence (ASE) in Electrical Systems (A6), Engine Performance (A8), and Advanced Engine Performance Specialist (L1) that have not expired; and 3. Has not been reported by the department to the attorney general for unlawful merchandising practices according to subsection 643.330.5, RSMo.

(CC) Specially constructed vehicle—A motor vehicle that has not been originally constructed under a distinctive name, make, model, or type by a manufacturer of motor vehicles, that has been issued a specially constructed VIN number from the MDOR, and that has had the specially constructed VIN installed by the MSHP. The term specially constructed vehicle includes kit vehicles that are motor vehicles assembled by a person other than a generally recognized manufacturer of motor vehicles by the use of a glider kit or replica purchased from an authorized manufacturer and accompanied by a manufacturer’s statement of origin.

(DD) Vehicle Inspection Database—The vehicle inspection database, operated and maintained by the department’s contractor.

All vehicle emissions inspection information is uploaded by the MDAS inspection equipment to the VID on a real time basis as soon as each inspection is complete.

(EE) Vehicle Inspection Report (VIR)— The vehicle inspection report printed by the MDAS inspection equipment at the conclusion of each vehicle’s emissions inspection.

The VIR is designed solely to provide information regarding the emissions inspection results to motorists, and may not be valid for vehicle registration purposes.

(3) General Provisions.

(A) Subject Vehicle Compliance.

1. Private entity vehicle compliance.

A. Motor vehicles subject to this rule shall demonstrate compliance with emissions standards in this rule. Such demonstration shall be made through the test methods specified in section (5) of this rule and be completed according to the compliance cycle, the inspection intervals specified in subsection (3)(B) of this rule, and the inspection periods specified in subsection (3)(C) of this rule.

B. Completion of the emissions inspection requirements is necessary for vehicle registration renewal or registration transfer.

C. Failure to complete a vehicle emissions inspection during the compliance cycle or before vehicle registration shall be a violation of this rule. These violations are subject to penalties specified in subsection 643.355.5., RSMo.

2. Public entity vehicle compliance.

A. All subject vehicles owned by federal, state, and local governments shall be emissions inspected according to the compliance cycle as defined in paragraph (2)(C)2. of this

rule, the inspection intervals specified in sub-

section (3)(B) of this rule, and the test methods specified in section (5) of this rule.

B. All federal agencies shall ensure employee and military personnel vehicles meet the requirements of paragraph (3)(A)2. of this rule according to the December 1999 Interim Guidance for Federal Facility Compliance With Clean Air Act Sections 118(c) and 118(d) and Applicable Provisions of State Vehicle Inspection and Maintenance Programs. This guidance document is incorby the U.S. Environmental Protection Agency (EPA), Office of Transportation and Air Quality, 2000 Traverwood, Ann Arbor, MI 48105. This rule does not incorporate any subsequent amendments or additions to this guidance document.

C. Failure to complete a vehicle emissions inspection within the compliance cycle as defined in paragraph (2)(C)2. of this rule shall be a violation of this rule. These violations are subject to penalties specified in sub-

section 643.355.5., RSMo.

3. Vehicle fleets.

A. Vehicle fleets of any size may be emissions inspected by the fleet operator, provided the owners or operators of such vehicle fleets acquire the state contractor’s equipment to conduct the emissions inspec- B. Vehicle fleets using such equipment shall be subject to the same inspection requirements as non-fleet vehicles.

C. Fleet inspection facilities shall be subject to quality assurance evaluations at least as stringent as those performed at public inspection stations.

D. Fleet owners or operators may make repairs to fleet vehicles on-site.

(B) Emissions Inspection Intervals.

1. Subject vehicles manufactured as odd-numbered model year vehicles are required to be inspected in each odd-numbered calendar year. Subject vehicles manufactured as even-numbered model year vehicles are required to be inspected in each evennumbered calendar year.

2. At the time of registration transfer, subject vehicles are required by subsection 643.315.1., RSMo, to be inspected regardless of the vehicle model year. At the time of registration transfer, prior to the sale of a vehicle, sellers of vehicles are required to provide the purchaser with an emissions inspection compliance certificate or compliance waiver that is valid for registering the vehicle according to inspection period requirements of subsection (3)(C) of this rule.

(C) Emissions Inspection Periods.

1. An emissions inspection performed on a subject vehicle via the vehicle inspection process described in subsections (3)(H)–(K) of this rule is valid, for the purposes of obtaining registration or registration renewal, for a duration of sixty (60) days from the date of passing inspection or waiver issuance. An emissions inspection provided by a licensed motor vehicle dealer to the purchaser of a used vehicle being sold by the licensed motor vehicle dealer is valid for registration purposes for one hundred twenty (120) days after the date of inspection. Vehicles being sold shall not be subject to another emissions inspection for ninety (90) days after the date of sale or transfer of such vehicle.

2. Reinspections occurring fewer than ninety (90) days after the initial emissions inspection are subject to subsections (3)(J) and (3)(K) of this rule.

3. Reinspections occurring more than ninety (90) days after the initial emissions inspection shall be considered to be an initial emissions inspection as defined in subsection (2)(L) of this rule and are subject to subsection (3)(H) of this rule.

(D) Emissions Inspection Fees.

1. Initial vehicle emissions inspection fee. At the time of completion of an initial emissions inspection, the vehicle owner or driver shall pay no more than twenty-four dollars ($24) to the licensed emissions inspection station. The inspection station shall determine the forms of payment accepted.

2. Vehicle emissions reinspection fee.

Each initial vehicle emissions inspection fee shall include one (1) free reinspection, provided that the reinspection is conducted within twenty (20) business days of the initial emissions inspection at the same inspection station that performed the initial inspection.

3. Emissions inspection oversight fee.

A. Licensed emissions inspection stations shall pre-pay the state two dollars and fifty cents ($2.50) for each passing emissions inspection that they intend to perform. The fee shall be paid to the MDOR and submitted to the MSHP. The MSHP shall deposit the fee into the “Missouri Air Emissions Reduction Fund” as established by section 643.350, RSMo. The MSHP will then use the contractor’s VID to credit the number of pre-paid emissions inspections to the licensed emissions inspection station’s MDAS. The MDAS shall deduct one (1) emissions credit authorization for each passing emissions inspection. Public entities inspecting their own vehicles at their own inspection facility are exempt from vehicle emissions oversight fees.

B. Licensed inspection stations are required to maintain a sufficient positive quantity of emissions credits on their analyzer(s) to prevent having to turn away motorists who have requested an inspection.

C. At the time that a licensed emissions inspection station discontinues operation or chooses not to renew its emissions inspection license, the department will issue the licensed emissions inspection station a full refund of two dollars and fifty cents ($2.50) for each paid emissions inspection credit authorization that remains on the licensed emissions inspection station’s MDAS. The department shall withdraw the pre-paid fees from the “Missouri Air Emissions Reduction Fund” as established by

section 643.350, RSMo, and send the existing balance of the pre-paid fees to the licensed inspection station. The MSHP will then delete all pre-paid emissions inspections from the inspection equipment.

4. VID service fee. Licensed emissions inspection stations shall pay the contractor up to three dollars and forty-five cents ($3.45) for each completed emissions inspection that they perform that is not a reinspection as defined in paragraph (3)(D)2. of this rule.

Public entities inspecting their own vehicles at their own inspection facility are exempt from VID service fees. The fee shall be made payable to the contractor and submitted monthly according to the terms of the contract between the contractor and the licensed emissions inspection stations. The contractor shall reimburse any VID service fee overcharges to an inspection station within sixty (60) days of the date of notification by the emissions inspection station manager. The VID service fee will be evaluated and established as a part of the contractor selection process under sections 643.300–643.355, (E) Emissions Inspection Equipment.

1. Performance features of emissions inspection equipment. The MDAS is required for performing any emissions inspections on subject vehicles. The MDAS shall meet or exceed all applicable EPA requirements.

A. The MDAS shall be capable of testing all subject vehicles as required by paragraph (3)(E)3. of this rule. The emissions inspection equipment shall be updated as needed to accommodate new technology vehicles. The updates shall be provided by the state’s contractor without cost to the state or the licensed emissions inspection stations.

B. At a minimum, the MDAS shall be— (I) Automated to the highest degree commercially available to minimize the potential for intentional fraud and/or human error;

(II) Secure from tampering and/or abuse; and (III) Based upon written specifica- 2. Functional characteristics of emissions inspection equipment. The MDAS shall be composed of vehicle inspection equipment controlled by a computer.

A. The MDAS shall automatically— (I) Make pass/fail decisions for all computer-determined aspects of the emissions inspection as described in paragraphs (5)(B)3. through (5)(B)5. of this rule;

(II) Record tests on the MDAS hard drive and the contractor’s VID;

(III) Conduct regular self-testing of recording accuracy;

(IV) Perform electrical calibration and system integrity checks before each test, as applicable; and (V) Initiate immediate system lockouts for— (a) Tampering with security aspects of the MDAS;

(b) Fraudulent inspection activity;

(c) Exceeding the limit of offline emissions inspections as specified in the contract between the department and the contractor; or (d) Failing the OBD verification tool self-check.

B. The MDAS shall include a telecommunications data link to the contractor’s VID as specified in the contract between the department and the contractor. Emissions inspection information shall be uploaded immediately to the VID via this telecommunications data link according to subparagraphs (3)(F)2.C. and (3)(F)5.D. of this rule so that all inspection information can be electronically verified by the department, the MSHP, and the MDOR using the contractorprovided internet solution.

C. The MDAS shall ensure accurate data collection by limiting, cross-checking, and/or confirming manual data entry.

3. OBD test equipment. OBD test equipment shall meet the standards specified in 40 CFR 85.2231. The provisions of 40 CFR 85.2231 as promulgated by the EPA on April 28, 2014, are hereby incorporated by reference in this rule, as published by the U.S. Government Publishing Office available at https://bookstore.gpo.gov/ or for mail orders print and fill out order form online and mail to: U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. quent amendments or additions to 40 CFR 85.2231. The OBD test equipment shall be able to communicate with all known OBD protocols and connect to and communicate with a minimum of ninety-eight percent (98%) of all subject vehicles.

4. All emissions inspection equipment shall meet the quality control requirements described in paragraph (3)(L)5. of this rule.

Newly acquired emissions inspection equipment and all applicable MDAS software updates shall be subject to the acceptance test procedures administered by the department’s contractor to ensure compliance with the emissions inspection program specifications.

(F) Emissions Inspection Station Requirements.

1. Premises.

A. Each licensed emissions inspection station shall have an emissions inspection area within an enclosed building of sufficient length, width, and height to accommodate a full size light-duty vehicle or light-duty truck.

B. The emissions inspection area shall be sufficiently lighted, adequately heated and cooled, and properly ventilated to conduct an emissions inspection.

2. Equipment. Each licensed emissions inspection station shall have the following equipment located at or near the inspection area:

A. Scraper. The scraper may be used to remove old windshield stickers;

B. Emissions inspection equipment, including hardware, software, forms, and windshield stickers. The MDAS equipment hardware shall be purchased or leased by the inspection station from the state’s contractor.

All of the equipment must be present and functional. The equipment software shall be provided with the MDAS equipment purchase or lease and updated periodically at no cost to the licensed inspection stations. The forms described in section (4) of this rule shall be provided by the MDAS software. The windshield stickers described in section (4) of this

rule shall be provided by the contractor at no cost to licensed emissions inspection stations;

C. Telecommunications. The station shall provide dedicated telecommunication service with appropriate bandwidth for up-todate VID data transmission to the MDAS.

The cost of this telecommunications service, including initial installation and ongoing maintenance, is the responsibility of the licensed emissions inspection station.

3. Personnel.

A. Each licensed emissions inspection station shall have a minimum of one (1) licensed emissions inspector on duty during all business days during the station’s hours of inspection, except for short periods due to illness or vacation.

B. Each licensed emissions inspection station will designate, on the station license application, the emissions inspection station manager who will be in charge of emissions inspections. The emissions inspection station manager shall be responsible for the daily operation of the station and will ensure that complete and proper emissions inspections are being performed. The emissions inspection station manager shall be present at the licensed emissions inspection station during all business days during the station’s hours of inspection, except for short periods due to illness or vacation.

C. If the station is without at least one (1) emissions inspector or one (1) emissions inspection station manager, then the station shall be prohibited from conducting emissions inspections.

4. Licensing.

A. Any person, firm, corporation, partnership, or governmental entity requesting an emissions inspection station license shall submit a completed emissions inspection station application to the department or to the MSHP.

B. A vehicle emissions inspection station license shall be valid for twelve (12) months from the date of issuance. A completed emissions inspection station license application shall be accompanied by a check or money order for one hundred dollars ($100) made payable to the MDOR and submitted to either the Missouri Department of Natural Resources, Air Pollution Control Program, Attn: Inspection and Maintenance, PO Box 176, Jefferson City, MO 65102-0176 or the MSHP. Under no circumstances will cash be accepted for the license fee.

C. The department or MSHP may suspend or revoke a station license as provided by subsection (3)(N) of this rule. The owners of licensed emissions inspection stations that are renewing their emissions inspection license shall complete the requirements of subparagraph (3)(F)4.B. of this rule.

D. Along with the application fee, applicants shall submit the following information on a form provided by either the department or the MSHP:

(I) Proof of liability insurance;

(II) The business’s federal and state taxpayer identification number;

(III) The physical address of the inspection station;

(IV) The mailing address, if different from physical address, of the inspection station;

(V) The phone number and, if available, fax number of the inspection sta- (VI) The last name, first initial, and, if already licensed by the MSHP, the inspector number of the licensed emissions inspector(s) employed by that station; and (VII) The first and last name of the emissions inspection station manager(s) employed by that station.

E. No license issued to an emissions inspection station may be transferred or used at any other location. Any change in ownership or location shall void the current station license. The department must be notified immediately when a change of ownership or location occurs or when a station discontinues operation. Businesses that change locations will be charged another license fee for the cost of the new license. Businesses that change owners will be treated as new licensees and charged another license fee for the new license.

F. When an emissions inspection station license has been suspended or revoked, or when a station discontinues operation, all emissions inspection related supplies shall be surrendered to the department or the MSHP.

The failure to account for all emissions inspection supplies will be sufficient cause for the department or the MSHP to deny the reinstatement of an emissions inspection station license.

G. No emissions inspection station license will be issued to a spouse, child or children, son/daughter-in-law, employee, or any person having an interest in the business for the privilege to conduct emissions inspections at the same location or in close proximity to the location of an emissions inspection station whose license is under suspension or revocation, unless the applicant can provide reasonable assurance that the licensee under suspension or revocation will not be employed, manage, assist in the station operation, or otherwise benefit financially from the operation of the business in any way.

5. Operations.

A. All emissions inspections must be conducted at the licensed emissions inspection station in the approved emissions inspection area described in paragraph (3)(F)1. of B. The entire inspection of a vehicle shall be made only by an individual who has a current, valid emissions inspector license.

No person without a current, valid emissions inspector license shall issue an emissions VIR or a windshield sticker. No owner, operator, or employee of an inspection station shall furnish, loan, give, or sell an emissions VIR or windshield sticker to any person except those entitled to receive it because their vehicle has passed the emissions inspec- C. If an emissions inspector or an emissions inspection station manager or owner resigns or is dismissed, the emissions inspection station manager or station owner shall report these changes to the department and the MSHP immediately. The emissions inspection station manager or station owner shall complete an amendment form to inform the department and the MSHP of these changes in personnel.

D. All current manuals, bulletins, or other rules issued by the department must be read by the station owner or operator and each emissions inspector. These resources must be available, either in printed or electronic form, at all times for ready reference by emissions inspectors, department, and MSHP staff.

E. If the department is asked to settle a difference of opinion between a vehicle owner and an emissions inspection station manager or emissions inspector concerning the inspection standards and procedures, the decisions of the department concerning emissions inspection standards and procedures will be final.

F. Emissions inspection station operators are permitted to advertise as official emissions inspection stations.

6. Hours of operation.

A. The normal business hours and business days of every public inspection station shall be at least eight (8) continuous hours per day, five (5) days per week, excluding all state holidays.

B. Emissions inspectors are obligated to conduct emissions inspections and reinspections of vehicles during normal business hours.

(I) A vehicle shall be emissions inspected within a two- (2-) hour period after being presented unless other vehicles are already being emissions inspected.

(II) A reinspection must begin within one (1) hour when a vehicle is presented during the twenty (20) consecutive-day period for reinspections excluding Saturdays, Sundays, and state holidays.

7. Display of inspection station and inspector licenses, sign, and poster.

A. The department or the departemissions inspection station with one (1) station license certificate. The station license certificate shall be displayed in a conspicuous location discernible to those presenting vehicles for emissions inspections.

B. The department or the departemissions inspector with one (1) inspector license certificate. The emissions inspector licenses must be displayed in a conspicuous location discernible to those presenting vehicles for emissions inspections.

C. The department or the departemissions inspection station one (1) official sign, made of metal or other durable material, to designate the station as an official emissions inspection station. The sign designating the station as an emissions inspection station shall be displayed in a location visible to motorists driving past the inspection station.

Additional signs may be purchased for a fee equal to the cost to the state for each additional sign.

(G) Emissions Inspector Requirements.

1. Every person requesting a vehicle emissions inspector license shall submit a completed vehicle emissions inspector application to the department or the department’s designee. The emissions inspector application shall include a facial photograph with dimensions of two inches (2") in length and two inches (2") in width.

2. All vehicle emissions inspectors must be at least eighteen (18) years of age and able to read and understand documents written in English.

3. Emissions inspectors must pass a written test that demonstrates their knowledge of the fundamentals of OBD testing and repairs and the procedures of the emissions inspection program. The emissions inspector written exam may include an oral component to evaluate the applicant’s ability to read and understand documents written in English. A minimum grade of eighty percent (80%) is required to pass the written examination or reexamination.

A. The contractor shall design the training material and corresponding written exam and have the training material and written exam certified by the department prior to issuing the training material and written exam to potential emissions inspectors.

B. After emissions inspectors have passed the contractor’s written exam, if they wish to also be licensed to conduct vehicle safety inspections, they must submit an application to the MSHP to take the safety inspection exam.

C. A safety inspector with a current license working at a newly licensed emissions inspection station must pass only the written emissions exam conducted by the contractor.

4. Emissions inspectors must also pass a practical exam that demonstrates competency with the emissions inspection equipment and demonstrate competency to either the department or the MSHP while performing an emissions inspection on a vehicle prior to the issuance of the inspector’s license. A minimum grade of eighty percent (80%) is required to pass the practical examination or reexamination.

5. If the applicant meets the requirements of paragraphs (3)(G)1.–(3)(G)4. of this

rule, an emissions inspector license will be issued without charge. Licenses are valid for a period of three (3) years from the date of issuance, or unless suspended or revoked by the department or the MSHP. An emissions inspector whose license has been suspended or revoked per items listed in subsection (3)(N) of this rule shall be required to successfully complete the contractor’s training program and pass the written and practical exams described in paragraphs (3)(G)3. and (3)(G)4. of this rule before the emissions license will be reinstated.

6. If the emissions inspector leaves the employment of one licensed emissions inspection station and enters the employment of another licensed emissions inspection station, the emissions inspection station manager of the station that the inspector is transferring to shall follow the procedures described in subparagraph (3)(F)5.K. of this rule. The emissions inspector’s license is transferable with the licensed emissions inspector, provided the emissions inspector’s license has not expired.

7. An emissions inspector may be reexamined at any time, and if s/he fails the reexamination or refuses to be reexamined, the license issued to him/her shall be suspended.

If a vehicle emissions inspector fails a reexamination, s/he cannot again be tested until a period of thirty (30) days has elapsed.

8. An emissions inspector license may be renewed before the expiration date or sixty (60) days after expiration without a reexamination. If the license has expired more than sixty (60) days before the license renewal application is submitted, a reexamination will be required. A vehicle emissions inspector does not have authority to conduct any inspections during the sixty- (60-) day grace period unless the license has been properly renewed.

(H) Emissions Inspection Procedures. The emissions inspection procedure shall meet the following requirements:

1. Every emissions inspection must be performed according to the procedures described in this rule. Once an emissions inspection has begun, it shall be completed by the initiating inspector and shall not be terminated. A vehicle may not be passed or failed based upon a partial inspection;

2. A proper and complete emissions inspection shall consist of the OBD test method described in section (5) of this rule, the immediate printing and subsequent issuance of a VIR to the motorist, and the immediate uploading of the emissions inspection data to the contractor’s VID;

3. All emissions inspection records shall be transmitted to the state’s contractor as soon as an inspection is complete for the purpose of real time registration verification by the MDOR and program oversight by the department or the MSHP;

4. The emissions inspection fees shall be charged for each inspection performed as described in subsection (3)(D) of this rule;

5. Emissions inspection windshield stickers will be issued to an emissions inspection station by the MSHP and can be printed by only that station. Emissions inspection windshield stickers shall be kept secure to prevent them from being lost, damaged, or stolen. If windshield stickers are lost, damaged, or stolen, the incident shall be reported immediately to the MSHP;

6. The emissions inspector will ensure that all required information is properly and accurately entered into the MDAS. This includes a vehicle description including the odometer reading at the time of the emissions inspection, and the complete mailing address (street address, city, and zip code) of the vehicle owner;

7. Using the MDAS digital camera, the emissions inspector shall take three (3) readily identifiable digital pictures showing the current license plate, VIN, and odometer reading. The picture of the license plate, VIN, and odometer must match the plate, VIN, and odometer reading that is printed on the VIR. These pictures shall then be immediately uploaded to the VID.

A. License plate pictures. Pictures of the rear license plate shall be of the entire rear portion of the vehicle from taillight to taillight. If the vehicle license plate is located only on the front of the vehicle, then the license plate picture shall be of the entire front of the vehicle. License plate pictures must be clearly legible.

B. VIN pictures. VIN pictures should be of the dashboard VIN plate. VIN pictures must be clearly legible. When VIN pictures are unclear, a supporting photo of the door VIN may be included in the record.

C. Odometer pictures. In the case of digital odometers, the ignition switch must be on to illuminate the odometer reading. Trip odometer photos are not permissible.

Odometer pictures must be clearly legible;

8. Vehicles shall be inspected in asreceived condition, including vehicles whose MIL is lit or whose readiness monitors are unset. The inspector shall connect the OBD cable or wireless transmitter to the DLC of the actual vehicle submitted for emissions testing. The connection shall remain intact and functioning during the entire test procedure. Clean scanning is prohibited. An official inspection, once initiated, should be performed in its entirety regardless of immediate outcome, except in the case of an invalid test condition or determination by the emissions inspector;

9. The initial emissions inspection shall be performed according to the test method described in section (5) of this rule without repair or adjustment at the emission inspection station prior to commencement of any tests. Emissions inspections performed within ninety (90) days of the initial emissions inspection shall be considered a reinspection and are subject to provisions of subsection (3)(J) of this rule;

10. If a subject vehicle passes the emisthis rule, according to the standards described in subsection (3)(I) of this rule, the emissions inspection station shall issue the vehicle owner or driver a passing VIR described in subsection (4)(A) of this rule, certifying that the vehicle has passed the emissions inspection, and provide a windshield sticker for the windshield of the subject vehicle according to subsection (4)(A) of this rule. The positioning of the windshield sticker on the windshield of the vehicle shall take place on the premises of the emissions inspection station;

11. If a subject vehicle fails the emisthis rule, according to the standards described in subsection (3)(I) of this rule, the emissions inspection station shall provide the vehicle owner or driver with a failing VIR described in subsection (4)(B) of this rule that indicates what parts of the OBD test method the vehicle failed, a repair facility performance report described in subsection (4)(H) of this rule that lists the ten (10) nearest Missouri Recognized Repair Technicians (MRRTs) to the licensed emissions inspection station, a statement that vehicle repairs do not need to occur at the inspection station where the test was performed, and a repair data sheet described in subsection (4)(D) of this

rule that is used to collect emissions repair data for the repair facility performance report;

12. If a subject vehicle fails the emisthis rule, the vehicle owner shall have the vehicle repaired. The vehicle shall be reinspected within the appropriate inspection period as determined by paragraphs (3)(C)2. and (3)(C)3. of this rule and the reinspection procedures described in subsection (3)(J) of this rule; and 13. If the emissions inspection is aborted by the MDAS software or the emissions inspector, the emissions inspection station shall provide the vehicle owner or driver with the emissions VIR described in subsection (4)(K) of this rule that indicates that the OBD test was aborted.

(I) Emissions Inspection Standards.

Subject vehicles shall fail the emissions inspection if the vehicle does not meet the OBD test standards specified in 40 CFR 85.2207. The provisions of 40 CFR 85.2207 as promulgated by the EPA on April 28, 2014, are hereby incorporated by reference in this rule, as published by the U.S.

Government Publishing Office available at https://bookstore.gpo.gov/ or for mail orders print and fill out order form online and mail to: U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. quent amendments or additions to 40 CFR 85.2207.

(J) Emissions Reinspection Procedures.

1. Vehicles that fail the emissions inspection described in section (5) of this rule shall be reinspected according to the test method described in section (5) of this rule to determine if the repairs were effective for correcting failures on the previous inspection.

A. The inspector shall enter the data from the repair data sheet described in sub-

section (4)(D) of this rule in the MDAS prior to initiating reinspection(s).

B. The inspector shall ensure that the VIN of the reinspected vehicle matches the VIN of the originally inspected vehicle.

C. The inspector shall enter the current odometer reading of the vehicle at the time of the reinspection into the MDAS.

D. The inspector shall take three (3) new photographs following the procedure described in paragraph (3)(H)7. of this rule.

E. The inspector shall connect the OBD cable or wireless transmitter to the data link connector of the actual vehicle submitted for emissions testing. The connection shall remain intact and functioning during the entire test procedure. Clean scanning is prohibited.

2. If the subject vehicle passes a reinspection, then the procedures in paragraph (3)(H)10. of this rule shall be followed.

3. If the subject vehicle fails a reinspection, the vehicle owner may either— A. Have more repairs performed on the vehicle and have the vehicle reinspected;

B. Apply for a cost-based waiver according to the requirements in paragraphs (3)(K)1.–(3)(K)5. of this rule.

(K) Emissions Inspection Waivers and Exemptions.

1. Cost-based waivers. Vehicle owners or purchasers shall be issued a cost-based waiver for their vehicle under the following conditions:

A. The subject vehicle has failed the initial emissions inspection, has had qualifying repairs, and has failed an emissions reinspection;

B. The vehicle has passed the follow- (I) The bulb check test described in subparagraph (5)(B)2.A. of this rule;

(II) The data link connector test (III) The communications test described in subparagraph (5)(B)3.B. of this (IV) The readiness monitor test described in paragraph (5)(B)4. of this rule;

C. The subject vehicle has all of its emissions control components correctly installed and operating as designed by the vehicle manufacturer.

(I) To the extent practical, the department representative shall use the MSHP air pollution control device inspection method described in 11 CSR 50-2.280 to fulfill the requirement of this subparagraph.

(II) If the vehicle fails the visual inspection described in 11 CSR 50-2.280, then the vehicle will be denied a cost-based waiver;

D. The vehicle operator has submitted to the department the appropriate waiver application with all required information and necessary signatures completed, along with all itemized receipts of qualifying repairs.

The qualifying repairs must meet the requirements of paragraph (3)(K)2. of this rule. The itemized receipts must meet the requirements of paragraph (3)(K)3. of this rule;

E. At the discretion of the department, the vehicle owner or operator may be required to make arrangements to bring the vehicle to the department or the department’s designee for visual verification of the vehicle’s repairs or estimated repairs in the case of a cost-based estimate waiver application;

F. To the extent practical, the department representative has verified that the repairs indicated on the itemized receipts for qualifying repairs were made and that the parts were repaired/replaced as claimed.

2. The minimum amount spent on qualifying repairs for cost-based waivers shall— A. Exceed four hundred fifty dollars ($450) for vehicles not fully repaired solely by the owner of the failed vehicle;

B. Exceed four hundred dollars ($400) for all vehicles repaired solely by the owner of the failed vehicle. Only qualified repairs that include the part costs for the purchase and installation of the following parts listed in 40 CFR 51.360(a)(5) will be accepted:

(I) Oxygen sensors;

(II) Catalytic converters;

(III) Exhaust gas recirculation (EGR) valves;

(IV) Evaporative canisters;

(V) Positive crankcase ventilation (PCV) valves;

(VI) Air pumps;

(VII) Distributors;

(VIII) Ignition wires;

(IX) Coils;

(X) Spark plugs; and (XI) Any hoses, gaskets, belts, clamps, brackets, or other accessories directly associated with these parts. If the emissions failure is not related to the parts listed in this subparagraph, the cost of replacing such parts will not count towards the waiver minimum;

C. Exceed two hundred dollars ($200) for all motorists who provide the department representative with reasonable and reliable proof that the owner is financially dependent on state and federal disability benefits and other public assistance programs. The proof shall consist of government issued documentation providing explanation of the motorist’s disability and financial assistance with regard to personal income. The motorist must also submit the appropriate cost-based waiver application with their “Financial Eligibility Waiver Request”;

D. Be inclusive of part costs paid by motorists performing qualified vehicle repairs by themselves or for qualified emissions repair services performed by any repair technician. Labor costs shall only be applied toward a cost-based waiver if the qualified repair work was performed by a recognized repair technician;

E. Not include the fee for an emissions inspection or reinspection;

F. Not include the fee for a safety inspection or reinspection;

G. Not include charges for obtaining a written estimate of needed repairs;

H. Not include the charges for repairs necessary for the vehicle to pass a safety inspection;

I. Not include costs for repairs performed on the vehicle before the initial emissions inspection failure;

J. Not include expenses that are incurred for the repair of— (I) Emissions control devices or data link connectors that have been found during either a safety or an emissions inspection to be tampered with, rendered inoperative, or removed;

(II) The MIL; or (III) For OBD communications failures;

K. Not include the state sales tax for the following motor vehicle parts that are air pollution control devices:

(I) Air injection parts, air pumps, check valves, and smog pumps;

(II) Catalytic converters (universal converters, direct fit converters, converter kits);

(III) EGR valves;

(IV) Evaporative canisters and canister purge valves;

(V) PCV valves; and (VI) Any vehicle parts that serve the equivalent functions of the parts listed in parts (3)(K)2.K.(I)–(3)(K)2.K.(V) of this L. Not include costs and expenses associated with aftermarket catalytic converter replacements that do not conform to the EPA’s Aftermarket Catalytic Converter (AMCC) enforcement policy. The EPA’s AMCC enforcement policy, which includes the following three (3) documents, is hereby incorporated by reference in this rule. This amendments or additions to the EPA’s AMCC enforcement policy:

(I) The Notice of Proposed Enforcement Policy regarding the “Sale and Use of Aftermarket Catalytic Converters,” published on August 5, 1986, by 51 FR 28114 as published by the Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408;

(II) The publication “What You Should Know About Using, Installing Or Buying Aftermarket Catalytic Converters” published in September 2000 by the U.S.

Environmental Protection Agency (EPA), Office of Air and Radiation, Office of Transportation and Air Quality, 1200 Pennsylvania Avenue NW, Washington, DC 20460; and (III) The letter “Sale and Use of Aftermarket Catalytic Converters for Vehicles Equipped with Onboard Diagnostic (OBD-II) Systems” sent on September 30, 2004, by the U.S. Environmental Protection Agency (EPA), Office of Enforcement and Compliance Assurance, 1200 Pennsylvania Avenue NW, Washington, DC 20460 to the Manufacturers of Emission Control Association;

M. Not include expenses that are incurred for the restoration of the vehicle manufacturer’s emissions control system due to the installation of sensor simulators, engine control module upgrades, or other aftermarket components that disable readiness monitors or in any way bypass or compromise the vehicle manufacturer’s emissions control system; and N. Not include costs for emissions repairs or adjustments covered by a vehicle manufacturer’s warranty, including the minimum federal catalytic converter warranty period of eight (8) years or eighty thousand (80,000) miles, insurance policy, or contractual maintenance agreement. The emissions repair costs covered by warranty, insurance, or maintenance agreements shall be separated from other emissions repair costs and shall not be applied toward the cost-based waiver minimum amount. The operator of a vehicle within the statutory age and mileage coverage under subsection 207(b) of the federal Clean Air Act shall present a written denial of warranty coverage, with a complete explanation, from the manufacturer or authorized dealer in order for this provision to be waived.

3. The vehicle operator shall present all itemized repair receipts to the department representative to demonstrate compliance with paragraph (3)(K)2. of this rule. The itemized repair receipt(s) shall— A. Include the name, physical address, and phone number of the repair facility and the model year, make, model, and VIN of the vehicle being repaired;

B. Describe the diagnostic test(s) performed to identify the reason the vehicle failed an emissions inspection;

C. Describe the emissions repair(s) that were indicated by the diagnostic test(s);

D. Document the emissions repairs performed were authorized by the vehicle owner or operator;

E. Describe the emissions repairs that were performed by the repair technician or vehicle owner;

F. For catalytic converter replacements, include, as a separate attachment, the documentation that the EPA’s AMCC enforcement policy requires of the catalytic converter retail seller, vehicle owner, and/or installer. Catalytic converter replacements will only be accepted towards a cost-based waiver if they are installed on gasoline-powered vehicles that have failed the most recent OBD test with at least one (1) catalytic converter DTC (P0420–P0439) as recorded on a failing VIR described in subsection (4)(B) of G. Describe the vehicle part(s) and the quantity or each type of part(s) that were serviced or replaced;

H. Describe the readiness monitors that were either set to ready or left unset;

I. Describe the diagnostic test(s) performed after the repairs were completed to verify that the vehicle’s emissions control system is now operating as it was designed to operate by the manufacturer;

J. Clearly list the labor costs, if the vehicle was repaired by a repair technician, and the part(s) costs separately for each repair item;

K. Include the repair technician’s name (printed or typed), signature and, if applicable, the unique identification number of the recognized repair technician that performed the repair work; and L. Confirm that payment was collected or financed for the services rendered and/or parts replaced as listed on the itemized repair receipt(s).

4. Estimate-based waivers. Vehicles shall be issued an estimate-based waiver under the following conditions:

A. The subject vehicle has failed the initial emissions inspection or reinspection after repair(s) with a single DTC;

B. The vehicle has passed the follow- (I) The bulb check test described in subparagraph (5)(B)2.A. of this rule;

(II) The data link connector test (III) The communications test described in subparagraph (5)(B)3.B. of this (IV) The readiness monitor test described in paragraph (5)(B)4. of this rule;

C. The subject vehicle cannot have received either a cost-based waiver or an estimate-based waiver during a previous biennial inspection cycle for the same single DTC;

D. The vehicle owner has paid for a diagnostic test of that DTC by a recognized repair technician or a vehicle repair business that specializes in a particular make of vehicle or type of repair (e.g., transmission repairs), with the items tested and the results described on the repair estimate; and E. The diagnostic test results and parts required for the repair of the single DTC are documented by the shop to exceed four hundred fifty dollars ($450).

5. The department reserves the right to investigate all cost- and estimate-based waiver requests and submitted receipts. Costbased waiver requests with incomplete information and/or receipts that do not identify the vehicle that was repaired, do not itemize the actual cost of the parts that were serviced, do not list the labor costs separately from the

part costs, indicate that state sales tax was charged on air pollution control parts exempted from state sales tax as defined in paragraph (3)(K)2. of this rule, or contain fraudulent information or part costs as determined by department representatives will not be accepted by the department. If the conditions of paragraphs (3)(K)1.–(3)(K)4. of this rule have been met, the department representative shall issue a waiver and provide the windshield sticker to be affixed to the vehicle by the vehicle owner. The windshield sticker shall meet the requirements of paragraph (4)(F)2. of this rule.

6. The contractor shall provide the means to issue cost-based waivers, VIRs, and windshield stickers from either the department’s offices or from a portable solution as required by the contract. The contractor shall provide the means to issue out-of-area, reciprocity, mileage, and GVWR waivers, exemptions, and VIRs, from either the department’s offices or from a portable solution as required by the contract.

7. Out-of-area exemptions. Provided the vehicle owner or driver submits a completed, signed out-of-area affidavit to the department indicating that the vehicle will be operated exclusively in an area of the state not subject to the inspection requirements of sections 643.300–643.355, RSMo, for the next twenty-four (24) months, the department shall issue an emissions inspection VIR, with an indicator to show that the vehicle has received an out-of-area exemption to the vehicle owner or driver, and a windshield sticker shall be affixed to the subject vehicle.

8. Reciprocity waivers. Provided the vehicle owner or driver presents proof, acceptable to the department, that the subject vehicle has successfully passed an OBD emissions inspection in another state within the previous sixty (60) calendar days, the department shall issue an emissions inspection VIR with an indicator to show that the vehicle has received a reciprocity waiver to the vehicle owner or driver, and a windshield sticker shall be affixed to the subject vehicle.

Reciprocity waivers shall be issued if the motorist submits proof of a passing OBD emissions inspection from a state or jurisdiction participating in pass/fail OBD inspections. Should any of these states or jurisdictions discontinue the use of pass/fail OBD inspections, the reciprocity waiver shall not be granted.

9. Mileage exemptions. Provided the vehicle owner or driver submits the required information described in subsection (4)(H) of this rule, the department or the MDAS shall issue an emissions inspection VIR, with an indicator to show that the vehicle has received a mileage-based exemption to the vehicle owner or driver.

10. GVWR exemptions. Provided the emissions inspector verifies that the vehicle is over eight thousand five hundred pounds (8,500 lbs.) GVWR, the MDAS shall issue an emissions inspection VIR, with an indicator to show that the vehicle has received a GVWR exemption to the vehicle owner or driver.

(L) Quality Control Requirements.

1. Quality control for the contractor(s).

The State of Missouri shall appoint a contractor to perform the outlined duties of the inspection maintenance program through vehicle emissions inspections. The contractor shall maintain for the department an electronic database of licensed emissions inspector information that, at a minimum, includes the inspector’s name, unique identification number, date of license issuance, stations of employment, date of any license suspensions or revocations, and a list of inspection results by date and by model year, make, model, and VIN.

2. Quality control for emissions inspection stations. Licensed emissions stations shall conduct emissions inspections in accordance with this rule and failure to do so may result in civil, criminal, and/or monetary penalties as described in paragraphs (3)(N)2.–(3)(N)5. of this rule.

3. Quality control for emissions inspectors. Emission inspectors shall conduct vehicle emissions inspections in accordance with this rule, failure to comply may result in civil, criminal, and/or monetary penalties as described in paragraphs (3)(N)2.–(3)(N)5. of 4. Quality control for emissions inspection records.

A. All inspection records, calibration records, and control charts shall be accurately created, recorded, maintained, and secured by the contractor.

B. The contractor shall make available all records and information requested by the department and shall fully cooperate with the department, MSHP, and other state agency representatives who are authorized to conduct audits and other quality assurance procedures.

C. The contractor shall maintain emissions inspection records, including all inspection results and repair information.

(I) These records shall be kept readily available to the department and the MSHP for at least three (3) years after the date of an initial emissions inspection.

(II) These records shall be made available to the department and the MSHP on a real time continual basis through the use of the contractor’s VID as specified in the contract.

(III) These records shall also be made available immediately upon request for review by department and MSHP personnel.

5. Quality control for all emissions inspection equipment.

A. At a minimum, the practices described in this section and in the contract shall be followed.

B. Preventive maintenance on all emissions inspection equipment shall be performed on a periodic basis, as provided by the contract between the department and the contractor and consistent with the EPA’s and the equipment manufacturer’s requirements.

C. To assure quality control, computerized analyzers shall automatically record quality control check information, lockouts, attempted tampering, and any circumstances which require a service representative to work on the equipment.

D. To assure test accuracy, equipment shall be maintained by the contractor according to demonstrated good engineering procedures.

E. Computer control of quality assurance checks shall be used whenever possible.

The emissions inspection equipment shall transmit the quality control results to the department’s contractor as prescribed in the contract between the department and the contractor.

(M) Vehicle Registration. After a subject vehicle has passed the emissions inspection according to either paragraphs (3)(H)10. or (3)(J)2. of this rule, or received an exemption or waiver according to subsection (3)(K) of this rule, the contractor shall make electronically available to the MDOR on a real time

basis the emissions records to enable vehicle registration and compliance enforcement.

Paper VIRs may not be used for registration purposes, unless the contractor’s real time vehicle inspection database is not providing inspection information to the MDOR on a real time basis. In the event the MDOR does not have access to real time emissions inspection records, the department shall expressly authorize, either in writing or by voice authorization, the use of the paper VIRs by the MDOR and/or its contract offices.

(N) Violations and Penalties.

1. Criminal penalties. Persons violating this rule shall be subject to the criminal penalties contained in section 643.355, 2. Procedural penalties. Fraudulent emissions inspections or repairs are a violation of this rule. All emissions inspection station operators and emissions inspectors shall comply with the emissions inspection law, sections 643.300–643.355, RSMo, and this emissions inspection rule. All emissions inspections and repairs shall be conducted in accordance with this emissions inspection

rule. The department shall cause unannounced tests of facilities that inspect, repair, service, or maintain motor vehicle emissions components and equipment, including submitting known high-emissions vehicles with known defects for inspection and repair without prior disclosure to the repair facility.

Failure to comply with the emissions inspection law or the emissions inspection rule will subject the emissions inspection station manager and emissions inspector(s) to one (1) or more of the following procedural penalties:

A. Warning;

B. Lockouts as described in paragraph (3)(N)3. of this rule;

C. Penalties as described in paragraph (3)(N)4. of this rule;

D. Suspension or revocation of emissions inspection station and/or inspector licenses as described in paragraph (3)(N)5. of E. The department’s refusal to accept repair receipts from an inspection station or repair facility for the purpose of issuing costor estimate-based waivers;

F. The department’s revocation of recognized repair technician status if the repair technician is reported by the department to the attorney general for unlawful merchandising practices according to subsection 643.330.4., RSMo;

G. Reporting of unlawful merchandising practices as defined in Chapter 407, RSMo, by the department to the attorney general for appropriate legal proceedings under sections 407.095 and 407.100, RSMo; and H. Department or MSHP requests for investigation and/or criminal and civil penalties by the U.S. Environmental Protection Agency.

3. Lockouts. The department or MSHP may electronically lockout any emissions inspector, station, MRRT, or equipment if the department or MSHP identifies any irregularities within the emissions inspection database or any irregularities identified during either overt or covert audits. The lockout may precede warnings, license suspensions or revocations, or arrests. The state’s contractor shall display a lockout warning on the monitor of any inspection equipment that is locked out by the department or MSHP. Lockouts shall prevent the performing of emissions inspections by the locked out party. Lockouts shall be cleared when the department or MSHP is satisfied that there is no longer a need for the lockout. Irregularities include, but are not limited to:

A. Failure to enter all required information properly and accurately as described in paragraph (3)(H)6. of this rule;

B. Uploading unclear pictures, uploading license plate pictures that do not match the license plate recorded on the VIR, or failing to upload pictures as described in paragraph (3)(H)7. of this rule;

C. Clean scanning as described in paragraph (3)(H)8. of this rule;

D. Performing more inspections than are physically possible for a given time dura- E. Performing emissions inspections using another emissions inspector’s fingerprint or password;

F. Conducting off-line inspections while the MDAS is not connected to the VID, unless the VID is off-line;

G. Conducting improper safety inspection of the air pollution control devices described in 11 CSR 50-2.280;

H. Bad faith or fraudulent repairs performed at the emissions inspection station or MRRT repair facility where— (I) Vehicles repeatedly fail reinspections for the same reasons that they initially failed the OBD test;

(II) Vehicle repairs are not qualifying repairs; or (III) Physical visual inspection of the repaired vehicles determines that the repairs were not performed as described on the submitted repair receipts;

I. Installing or assisting motorists with the installation of aftermarket catalytic converters that do not conform to EPA’s AMCC enforcement policy, which is incorporated by reference in subparagraph (3)(K)2.L. of this rule;

J. Installing or assisting motorists with the installation of aftermarket components that disable or compromise the capabilities of the vehicle manufacturer’s EPA-certified emissions control system;

K. Failure to maintain a positive balance of emissions inspection credit authorizations described in subparagraph (3)(D)3.B. of L. Failure to upload the emissions inspection results to the VID immediately upon completion of the inspection per paragraph (3)(H)2. of this rule;

M. Failure to properly reinspect vehicles that failed an initial emissions test per paragraph (3)(J)1. of this rule;

N. Failure to pay the VID Service Fees according to the terms of the contract between the contractor and licensed emissions inspection stations as described in paragraph (3)(D)4. of this rule;

O. Failure to download and install the latest version of lane software to the MDAS;

P. Failure to maintain dedicated data transmission capabilities for the emissions inspection equipment to stay online with the contractor’s VID.

4. Penalties. If anyone is found to have committed an intentional procedural violation of this rule or that anyone’s procedural violation involved gross negligence of this rule, they are subject to a fine, and such fine shall be not less than five (5) times the amount of the fee described in paragraph (3)(D)1. of 5. Emissions inspection license suspension and revocation. Before any emissions inspection station license or emissions inspector license is suspended or revoked by the department or the MSHP, the license holder will be notified, either in writing by certified mail or by personal service at the station’s address of record, and given the opportunity to have an administrative hearing as provided by subsection 643.320.3., A. Suspension of emissions inspection station and/or inspector licenses shall be for a period no less than thirty (30) days and not more than one (1) year.

B. Revocation of emissions inspection station and/or inspector licenses shall be for a period no less than one (1) year and not more than three (3) years.

6. Civil penalties. Installing catalytic converters that do not conform to EPA’s AMCC enforcement policy, which is incorporated by reference in subparagraph (3)(K)2.L. of this rule, or installing aftermarket components that in any way bypass or compromise the vehicle manufacturer’s emissions control system on a vehicle operated in the ozone nonattainment area is a violation of this rule and the federal Clean Air Act section 203(a)(3) (42 U.S.C. 7522 (a)(3)) and may result in the penalties described in the federal Clean Air Act section 205(a) (42 U.S.C. 7524 (a)).

A. Any manufacturer or new vehicle dealer who violates section 203(a)(3)(A) (42 U.S.C. 7522 (a)(3)(A)) of the federal Clean Air Act shall be subject to a civil penalty of not more than thirty-seven thousand five hundred dollars ($37,500), as promulgated on December 11, 2008, by 73 FR 75340 by the Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408, which is hereby incorporated by reference in this

rule. This rule does not incorporate any subsequent amendments or additions to the Federal Register. Any violation of section 203(a)(3)(A) (42 U.S.C. 7522 (a)(3)(A)) shall constitute a separate offense with respect to each motor vehicle or motor vehicle engine.

B. Any person other than a manufacturer or new vehicle dealer who violates section 203(a)(3)(A) of the federal Clean Air Act (42 U.S.C. 7522 (a)(3)(A)) or any person who violates section 203(a)(3)(B) of the federal Clean Air Act (42 U.S.C. 7522 (a)(3)(B)) shall be subject to a civil penalty of not more than three thousand seven hundred fifty dollars ($3,750), as promulgated on December 11, 2008 by 73 FR 75340, which is incorporated by reference in paragraph (3)(N)6.A. of this rule. Any violation of section 203(a)(3)(A) (42 U.S.C. 7522 (a)(3)(A)) shall constitute a separate offense with respect to each motor vehicle or motor vehicle engine. Any violation of section 203(a)(3)(B) (42 U.S.C. 7522 (a)(3)(B)) shall constitute a separate offense with respect to each part or component.

(4) Reporting and Record Keeping.

(A) Passing Vehicles.

1. The VIR for the passing vehicle shall A. A vehicle description, including vehicle’s passing the OBD test, county of registration, and the complete mailing address (street address, city, and zip code) of the vehicle owner;

B. The date and time of inspection;

C. The unique identification number of the licensed emissions inspector performing the inspection, the unique identification number and location of the inspection station, and the unique identification number of the inspection equipment;

D. The applicable inspection standards;

E. The passing OBD test results;

F. The results of the recall provisions check, if applicable, including the recall campaign;

G. A statement that the emissions inspection was performed in accordance with this state regulation;

H. A waiver indicator, if applicable;

I. An off-line test indicator if the MDAS was not connected to the VID when the inspection was performed;

J. The statement: “This inspection is mandated by your United States Congress”;

K. A statement that the results have cle registration purposes.

2. The windshield sticker for the passing vehicle shall— A. Be affixed on the inside of the vehicle’s front windshield in the lower left hand corner by the emissions inspector for each vehicle that passes the emissions inspection, or by the department representative for each vehicle that has been issued a waiver. A windshield sticker affixed to a vehicle that has been issued a waiver shall have a waiver indicator clearly visible on the sticker.

Previous windshield stickers affixed to the windshield shall be removed;

B. Be as fraud resistant as required by the contract between the department and the contractor;

C. Be valid until the next emissions inspection is required as defined in subsection (3)(B) of this rule; and D. Contain the statement: “This inspection is mandated by your United States Congress.”

(B) Failing Vehicles. The VIR for the failing vehicle shall include:

1. A vehicle description, including the odometer reading at the time of the vehicle’s OBD test, county of registration, and the complete mailing address (street address, city, and zip code) of the vehicle owner;

2. The date and time of inspection;

3. The unique identification number of the test, the unique identification number and location of the inspection station, and the unique identification number of the inspection equipment;

4. The applicable inspection standards;

5. The passing and failing OBD test results according to 40 CFR 85.2223. The provisions of 40 CFR 85.2223 as promulgated by the EPA on April 28, 2014, are hereby lished by the U.S. Government Publishing Office available at https://bookstore.gpo.gov/ or for mail orders print and fill out order form online and mail to: U.S. Government Publishing Office, PO Box 979050, St.

Louis, MO 63197-9000. This rule does not additions to 40 CFR 85.2223;

6. The results of the recall provisions check, if applicable, including the recall campaign;

7. A statement that the emissions inspection was performed in accordance with this state regulation;

8. The statement: “This inspection is mandated by your United States Congress”;

9. A statement that the vehicle may be reinspected for free according to paragraph (3)(D)2. of this rule;

10. An off-line test indicator if the MDAS was not connected to the VID when the inspection was performed;

11. If the vehicle fails the DLC test

rule, the DLC failure reason as determined by the emissions inspector; and 12. If the vehicle fails the communications test described in subparagraph (5)(B)3.B. of this rule, the non-communications reason as determined by the MDAS.

(C) Repair Facility Performance Report.

The repair facility performance report shall be printed by the MDAS for each failing vehicle and provided by the inspection station to the motorist with the VIR described in sub-

section (4)(B) of this rule. The repair facility performance report shall, at a minimum, list the ten (10) facilities employing at least one (1) Recognized Repair Technician that are nearest to the inspection station that conducted the failing emissions inspection. If the inspection station employs at least one (1)

Recognized Repair Technician, the repair facility performance report shall include the inspection station in the list of ten (10) facilities. The report shall include, but not be limited to, the following:

1. The name of each facility, address, and phone number;

2. The percentage of vehicles repaired by the repair facility that passed the first reinspection;

3. Other information as required by the contract between the department and the contractor; and 4. How motorists may obtain the full or customized list of facilities employing Recognized Repair Technicians from the contractor at no cost to the motorist. The list shall be viewable on a publicly available website maintained by the contractor.

(D) Repair Data Sheet. The repair data sheet shall be printed by the MDAS for each failing vehicle and provided by the inspection station to the motorist. The information on repair data sheets shall be collected and entered by emissions inspectors into the MDAS as described in subparagraph (3)(J)1.A. of this rule and used to generate the repair facility performance report described in subsection (4)(C) of this rule.

The information to be collected shall include, but not be limited to, the following:

1. The total cost of repairs, divided into parts and labor;

2. The name of the person who performed the repairs and, if applicable, their Recognized Repair Technician’s identification number;

3. The name of the repair facility and, if applicable, the repair business’s inspection station number and/or the MRRT facility’s identification number; and 4. The inspection failure the vehicle was being repaired for and the emissions-related repairs performed.

(E) Motorist Comment Form. Inspection stations may print motorist comment forms from the MDAS to give to motorists for providing feedback on emissions inspections.

The motorist comment form shall include the telephone numbers of the department and the MSHP and the complete mailing address (street address, city, and zip code), phone number, fax number, and website of the contractor.

1. Any challenge regarding the performance or results of the emissions inspection must be made within twenty (20) business days of the failing emissions inspection.

2. Any challenge regarding the results or effectiveness of the repairs made by either licensed emissions inspection stations or Missouri Recognized Repair Technicians must be made within twenty (20) business days of the date of vehicle repair.

(F) Cost- and Estimate-Based Waivers.

1. The cost- or estimate-based waiver VIR shall include:

A. A vehicle description, including most recent emissions inspection, county of registration, and the complete mailing address (street address, city, and zip code) of the vehicle owner;

B. The amount of money accepted by the department toward the cost- or estimatebased waiver and the date and time that the cost- or estimate-based waiver is issued;

C. The unique identification number of the department staff issuing the cost- or estimate-based waiver, the location of the department staff person issuing the cost- or estimate-based waiver, and the unique identification number of the inspection equipment used to issue the cost- or estimate-based waiver;

D. A statement that the results have cle registration purposes; and E. The statement: “This inspection is 2. The front of the cost- or estimatebased waiver windshield sticker shall meet the same criteria as listed in paragraph (4)(A)2. of this rule.

(G) Reciprocity Waivers.

1. The reciprocity waiver VIR shall A. A vehicle description, including vehicle’s passing the OBD test, county of registration, and the complete name and address of the vehicle owner;

B. The reciprocity waiver determina- C. The date and time that the reciprocity waiver is issued;

D. The unique identification number of the department staff person issuing the reciprocity waiver, the location of the department staff person, and the unique identification number of the inspection equipment used to issue the reciprocity waiver;

E. The state where the vehicle passed its OBD test;

F. A statement that the results have cle registration purposes; and G. The statement: “This inspection is 2. The reciprocity waiver windshield sticker shall meet the same criteria as listed in paragraph (4)(A)2. of this rule.

(H) Mileage-Based Emissions-Exempt Vehicles. The VIR for the mileage-based emissions-exempt vehicle shall include:

1. A vehicle description, including the odometer reading by a motor vehicle service station registered with the Missouri Secretary of State or an odometer reading verified by the department, county of registration, and the complete mailing address (street address, city, and zip code) of the vehicle owner;

2. The date that the exemption is applied for and/or the date and time that the exemption was issued;

3. The unique identification number of the safety inspection, the unique identification number and location of the inspection 4. The type of mileage exemption, as described in paragraphs (1)(B)7. and (1)(B)8.

5. A statement that the results have been 6. The statement: “This inspection is (I) GVWR-Based Emissions-Exempt Vehicles. The VIR for the GVWR-based emissions-exempt vehicle shall include:

1. A vehicle description, including the odometer reading at the time of the most recent safety inspection, county of registration, and the complete mailing address (street address, city, and zip code) of the vehicle owner;

2. The date and time of the vehicle’s safety inspection during which the licensed inspector verified that the vehicle had a GVWR in excess of eight thousand five hundred pounds (8,500 lbs.);

3. The unique identification number of the safety inspection, the unique identification number and location of the inspection 4. The GVWR exemption determina- 5. A statement that the results have been 6. The statement: “This inspection is (J) Out-of-Area Emissions-Exempt Vehicles. The out-of-area waiver VIR shall 1. A vehicle description, including the vehicle model year, fuel type, county of registration, and the complete name and address of the vehicle owner;

2. The date and time that the out-of-area exemption is issued;

3. The unique identification number of the department staff person issuing the outof-area waiver, the location of the department staff person, and the unique identification number of the inspection equipment used to issue the out-of-area waiver;

4. The county where the vehicle is being operated;

5. A statement that the results have been 6. The statement: “This inspection is (K) Aborted Emissions Inspections. The aborted emissions VIR shall include:

1. A vehicle description, including the odometer reading at the time of the most recent safety inspection, county of registration, and the complete mailing address (street address, city, and zip code) of the vehicle owner;

2. The date and time that the vehicle’s emissions inspection was aborted;

3. The unique identification number of the emissions inspection, the unique identification number and location of the inspection 4. The aborted test result; and 5. The statement: “This inspection is (L) Beginning January 1, 2008, using a method provided by the contractor, federal, state, and local government agencies shall submit a list of vehicles, by VIN, that are operated by the government agencies and that are required to be inspected during each calendar year. Submittals are due by February 1 of each calendar year. If the first is not a business day or is a state holiday, the list shall be submitted to the contractor by the following business day. The contractor will audit these submittals by comparing the list of submitted vehicles to the database of inspected vehicles to track public entity compliance. The contractor shall provide the department with the results of this audit by April 1 of each calendar year.

(5) Test Methods.

(A) To the extent possible, an OBD test and the contract shall be performed on all 1996 and later model year light-duty vehicles and light-duty trucks powered by gasoline and all 1997 and later model year light-duty vehicles and light-duty trucks powered by diesel.

(B) The OBD test shall follow the procedures described in 40 CFR 85.2222. The provisions of 40 CFR 85.2222 as promulgated by the EPA on April 28, 2014, are hereby lished by the U.S. Government Publishing Office available at https://bookstore.gpo.gov/ or for mail orders print and fill out order form online and mail to: U.S. Government Publishing Office, PO Box 979050, St.

Louis, MO 63197-9000. This rule does not additions to 40 CFR 85.2222.

1. If the subject vehicle cannot be tested with the OBD test due to manufacturer design, then the subject vehicle shall be tested with only a bulb check test described in paragraph (5)(B)2. of this rule.

2. Bulb check test.

A. Vehicles will fail the bulb check portion of the OBD test if the MIL is not illuminated while the key is in the on position and the engine is off (KOEO).

B. Vehicles will fail the bulb check portion of the OBD test if the MIL is illuminated while the key is in the on position and the engine is running (KOER).

C. Vehicles with keyless ignitions shall be subject to a bulb check test.

D. Vehicles that fail the KOEO bulb check portion of the OBD test described in subparagraph (5)(B)2.A. of this rule shall fail the OBD test. Repairs made to correct bulb check failures shall not be eligible for costbased or estimate-based waivers.

3. Data link connector and communications tests.

A. Data link connector test. Vehicles will fail the data link connector portion of the OBD test if the DLC is inaccessible due to manufacturer design, tampered with, blocked, or not located where the manufacturer located the DLC. The emissions inspector shall determine and record the reason for this failure in the MDAS for printing on the emissions VIR.

B. Communications test. Vehicles will fail the communications portion of the OBD test if the vehicle does not maintain sufficient voltage to the DLC during OBD communication or transmit the necessary information to the inspection equipment after three (3) thirty- (30-) second attempts.

(I) If the vehicle does not communicate after two (2) thirty- (30-) second communication attempts, inspectors shall verify the communication failure according to the lane software procedures using the MDAS OBD verification tool.

(II) If the OBD verification tool determines that the equipment is not capable of communicating with the vehicle, the MDAS shall automatically abort the OBD test and generate the emissions VIR described in subsection (4)(K) of this rule.

(III) If the OBD verification tool determines that the equipment is capable of communicating with the vehicle, inspectors shall make one (1) additional thirty- (30-) second communication attempt. If the vehicle does not communicate with the MDAS, the MDAS shall determine and record the reason for this failure and print this reason on the emissions VIR.

C. Vehicles that fail the DLC or communications portion of the OBD test shall fail the OBD test.

D. Repairs made to correct failures for DLCs that have been tampered with, rendered inoperative, or removed, or failures for OBD communications as described in subparagraphs (5)(B)3.A. and (5)(B)3.B. of this

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

4. Readiness monitor test.

A. 1996–2000 model year gasolinepowered vehicles may pass the readiness monitor portion of the OBD test if they have no more than two (2) unset non-continuous readiness monitors.

B. 2001 and newer model year gasoline-powered vehicles may pass the readiness monitor portion of the test if they have no more than one (1) unset non-continuous readiness monitor.

C. Gasoline-powered vehicles that fail the OBD test with a catalytic converter DTC (P0420–P0439) present must have the catalyst monitor reset to pass the readiness monitor portion of the OBD retest.

D. Gasoline-powered vehicles will fail the readiness monitor portion of the OBD test if the following non-continuous monitors are not supported:

(I) Oxygen sensor; and (II) Catalyst.

E. Vehicles that are on the readiness exemption table maintained by the contractor and authorized by the department shall be exempt from the readiness monitor portion of the OBD test.

F. Vehicles that fail the readiness monitor portion of the OBD test shall fail the OBD test. Vehicles must pass the readiness monitor portion of the OBD test to be eligible for a cost-based or estimate-based waiver.

G. Repairs made to correct failures for readiness monitor tampering caused by the installation of aftermarket components shall not be eligible for cost-based or estimate-based waivers.

5. Diagnostic trouble code test.

A. Vehicles will fail the diagnostic trouble code test if the OBD system has stored at least one (1) mature (non-pending, non-historic) DTC that commands the MIL to be illuminated.

B. Vehicles will fail the diagnostic trouble code test if the vehicle commands the MIL to be illuminated but the OBD system has no mature (non-pending, non-historic)

DTCs stored in the system.

C. The contractor shall ensure that their inspection equipment’s request for DTCs does not cause the MIL to be illuminated.

D. Vehicles that fail the DTC portion of the OBD test shall fail the OBD test.

(C) If the subject vehicle passes the OBD test according to the OBD test standards specified in subsection (3)(I) of this rule and all of the OBD test procedures described in

section (5) of this rule, then the procedures in paragraph (3)(H)3. of this rule shall be followed.

(D) If the subject vehicle fails the OBD test according to the OBD test standards specified in subsection (3)(I) of this rule or any of the OBD test procedures described in section (5) of this rule, then the procedures in paragraphs (3)(H)6., (3)(H)7., and (3)(J)2. of this rule shall be followed.

Filed May 15, 2012, effective Dec. 30, 2012.

Amended: Filed Sept. 15, 2021, effective May 30, 2022. *Original authority: 643.310, RSMo 1994, amended 1998, 1999, 2003, 2006.

**History**
- *AUTHORITY: section 643.310.1., RSMo 2016. Original rule filed Jan. 16, 2007, effective Aug. 30, 2007. Amended: Filed Oct. 1, 2008, effective May 30, 2009. Amended:*

##### **10 CSR 10-5.385** Control of Heavy-Duty Diesel Vehicle Idling Emissions {#sec-10-csr-10-5.385 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.385}

PURPOSE: The purpose of this rule is to implement restrictions on the idling of heavyduty diesel vehicles in the St. Louis Ozone Nonattainment Area. The evidence supporting the need for this rule, per section 536.016, RSMo, is the federally approved 2007 Revision of the State Implementation Plan for the St. Louis Eight (8)-Hour Ozone Nonattainment Area.

(1) Applicability.

(A) This regulation applies throughout St.

Louis City and Franklin, Jefferson, St.

Charles, and St. Louis Counties.

(B) This regulation applies to owners or operators of commercial, public, and institutional heavy-duty diesel vehicles that are designed to operate on public streets and highways, whether or not the vehicles are operat ed on public roadways.

(C) This regulation applies to owners or operators of load/unload locations where commercial, public, and institutional heavy-duty diesel vehicles load or unload passengers.

(D) Passenger vehicles as defined in sub-

section (2)(H) of this rule are exempt from (2) Definitions.

(A) Auxiliary Power Unit (APU)—An integrated system that— 1. Provides heat, air conditioning, engine warming, or electricity to components on a heavy duty vehicle; and 2. Is certified by the administrator under

part 89 of title 40, Code of Federal Regulations (or any successor regulation), as meeting applicable emissions standards.

(B) Commercial Vehicle—Any motor vehicle, other than a passenger vehicle, and any trailer, semitrailer, or pole trailer drawn by such motor vehicle, that is designed, used, and maintained for the transportation of persons or property for hire, compensation, profit, or in the furtherance of a commercial enterprise.

(C) Gross Vehicle Weight Rating (GVWR)— The value specified by the manu facturer as the maximum design loaded weight of a single (D) Heavy Duty Diesel Vehicle—A vehicle that— 1. Has a gross vehicle weight rating greater than ten thousand pounds (10,000 lbs.);

2. Is powered by a diesel engine; and 3. Is designed primarily for transporting persons or property on a public street or highway.

(E) Idling—The operation of an engine where the engine is not engaged in gear.

(F) Institutional Vehicles—Any motor vehicle, other than a passenger vehicle, and any trailer, semitrailer, or pole trailer drawn by such a motor vehicle, that is designed, used, and maintained for the transportation of persons or property for an establishment, foundation, society, or the like, devoted to the promotion of a particular cause or program especially one of a public, educational, or charitable character.

(G) Load/Unload Locations—Distribution centers, warehouses, retail stores, railroad facilities, ports, and any other sites where heavy duty diesel vehicles may idle their engines while waiting to load or unload.

(H) Passenger Vehicle—Every motor vehicle, except motorcycles, motor-driven cycles, and ambulances, designed for carrying ten (10) passengers or less and used for the transportation of persons.

(I) Public Vehicles—Any motor vehicle, other than a passenger vehicle, and any trailer, semitrailer, or pole trailer drawn by such a motor vehicle, which is designed, used, and maintained for the transportation of persons or property at the public expense and under public control.

(J) Definitions of certain terms specified in this rule, other than those defined in this rule

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

(3) General Provisions.

(A) Passenger Load/Unload Locations. No passenger load/unload location owner or operator shall cause or allow vehicles covered by this rule to idle for a period greater than five (5) minutes in any sixty (60)-minute period.

(B) Requirement for Heavy-Duty Diesel Vehicles. No owner/operator of a heavy-duty diesel vehicle covered by this rule shall idle the vehicle for more than five (5) minutes in any sixty (60)-minute period except as noted in subsection (3)(C) of this rule.

(C) Exempt Idling Activities. The following activities are exempt from 10 CSR 10-5.385:

1. A heavy-duty diesel vehicle idling while forced to remain motionless because of road traffic, an official traffic control device or signal, or at the direction of a law enforcement official;

2. A heavy-duty diesel vehicle idling when operating defrosters, heaters, air conditioners, safety lights, or other equipment solely to prevent a safety or health emergency;

3. A police, fire, ambulance, public safety, utility service vehicle, military, other emergency or law enforcement vehicle, or any heavy-duty diesel vehicle being used in an emergency capacity, idling while in an emergency or training mode, and not for the convenience of the heavy-duty diesel vehicle operator;

4. The primary propulsion engine idling for maintenance, servicing, repairing, or diagnostic purposes if idling is necessary for such activity or if idling of the primary propulsion engine is being conducted in accordance with the manufacturer’s recommendations;

5. A heavy-duty diesel vehicle idling as

part of a state or federal inspection to verify that all equipment is in good working order, provided idling is required as part of the inspection;

6. A primary propulsion engine idling when necessary to power work-related mechanical or electrical operations other than propulsion (e.g., mixing, operating hydraulic lifts, processing cargo, or straight truck refrigeration). This exemption does not apply when idling for cabin comfort or to operate non-essential onboard equipment;

7. An armored vehicle idling when a person remains inside the vehicle to guard the contents, or while the vehicle is being loaded or unloaded;

8. A bus idling for no greater than fifteen (15) minutes in any sixty (60)-minute period to maintain passenger comfort while non-driver passengers are onboard;

9. An occupied heavy-duty diesel vehicle with a sleeper berth compartment idling for purposes of air conditioning or heating during government mandated rest periods;

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

11. Heavy-duty diesel vehicles used exclusively for agricultural operations and only incidentally operated or moved upon public roads;

12. Operating an auxiliary power unit as an alternative to idling the main engine; and 13. A heavy-duty diesel vehicle idling for no greater than thirty (30) minutes in any sixty (60)-minute period while waiting to load or unload at a freight load/unload loca- (4) Reporting and Record Keeping. (Not Applicable)

(5) Test Methods. (Not Applicable)

Original rule filed July 11, 2008, effective Feb. 28, 2009. Amended: Filed Oct. 28, 2011, effective July 30, 2012.

Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011.

##### **10 CSR 10-5.390** Control of Emissions From the Manufacturing of Paints, Varnishes, Lacquers, Enamels, and Other Allied Surface Coating Products {#sec-10-csr-10-5.390 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.390}

PURPOSE: This rule specifies operating equipment requirements and operating procedures for the reduction of volatile organic compounds from the manufacturing of paints, varnishes, lacquers, enamels, and other allied surface coating products in the St.

Louis 1997 eight (8)-hour ozone nonattainment area.

rial. The entire text of the rule is printed (1) Applicability.

(A) This rule applies throughout St. Louis (B) This rule applies to all installations which have the uncontrolled potential to emit more than two hundred fifty kilograms (250 kg) per day or one hundred (100) tons per year of volatile organic compounds (VOCs) from the manufacturing of paints, varnishes, lacquers, enamels, and other allied surface coating products.

(2) Definitions.

(A) Add-on control device—An air pollution control device, such as a thermal oxidizer or carbon adsorber, that reduces pollution in an air stream by destruction or removal before discharge to the atmosphere.

(B) Condenser—Any heat transfer device used to liquefy vapors by removing their latent heats of vaporization including, but not limited to, shell and tube, coil, surface, or contact condensers.

(C) Control device—Any equipment that (D) Director—Director of the Missouri Department of Natural Resources or a representative designated to carry out the duties as described in 643.060, RSMo.

(E) Installation—All source operations including activities that result in fugitive emissions, that belong to the same industrial grouping (that have the same two (2)-digit code as described in the Standard Industrial Classification Manual, 1987), and any marine vessels while docked at the installation, located on one (1) or more contiguous or adjacent properties and under the control of the same person (or persons under common control).

(F) Paints and allied products—Materials such as paints, inks, adhesives, stains, varnishes, shellacs, putties, sealers, caulks, and other coatings from raw materials that are intended to be applied to a substrate and consists of a mixture of resins, pigments, solvents, and/or other additives.

(G) Paints, varnishes, lacquers, enamels, and other allied surface coating products manufacturing—The production of paints and allied products, the intended use of which is to leave a dried film of solid material on a substrate. Typically, the manufacturing processes that produce these materials are described by Standard Industry Classification (SIC) codes 285 or 289 and North American Industry Classification System (NAICS) codes 3255 and 3259 and are produced by physical means, such as blending and mixing, as opposed to chemical synthesis means, such as reactions and distillation. Paints, varnishes, lacquers, enamels, and other allied surface coating products manufacturing does not 1. The manufacture of products that do not leave a dried film of solid material on the substrate, such as thinners, paint removers, brush cleaners, and mold release agents;

2. The manufacture of electroplated and electroless metal films;

3. The manufacture of raw materials, such as resins, pigments, and solvents used in the production of paints and coatings; and 4. Activities by end users of paints or allied products to ready those materials for application.

(H) Potential to emit—The emission rates of any pollutant at maximum design capacity.

Annual potential shall be based on the maximum annual-rated capacity of the facility assuming continuous year-round operation.

Federally enforceable permit conditions on the type of materials combusted or processed, operating rates, hours of operation, and the application of air pollution control equipment shall be used in determining the annual potential. Secondary emissions do not count in determining annual potential.

(I) Volatile organic compound (VOC)—See definition in 10 CSR 10-6.020.

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

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

rule and producing the products listed in section (1) shall cause or allow the manufacture of these products unless the operating equipment meets the requirements contained in this

rule and without adhering to operating procedures specified in this rule and operating procedures recommended by the equipment manufacturer and approved by the director.

(A) Operating Equipment and Operating Procedure Requirements.

1. Tanks storing VOCs with a vapor pressure greater than or equal to ten kilopascals (10 kPa) or one and one-half pounds per square inch (1.5 psi) at twenty degrees Celsius (20 °C), shall be equipped with pressure/vacuum conservation vents set at plus or minus two-tenths kilopascals (± 0.2 kPa) or twenty-nine-thousandths pounds per square inch (±0.029 psi), except where more effective air pollution control is used and has been approved by the director. Stationary VOC storage containers with a capacity greater than two hundred fifty (250) gallons shall be equipped with a submerged-fill pipe or bottom fill, except where more effective air pollution control is used and has been approved by the director.

2. Covers shall be installed on all opentop tanks used for the production of nonwater-based coating products and remain closed except when production, sampling, maintenance, or inspection procedures require operator access.

3. Covers shall be installed on all tanks containing VOCs used for cleaning equipment and remain closed except when operator access is required.

4. All vapors from varnish cooking operations shall be collected and passed through a control device which removes at least eighty-five percent (85%) on a daily

basis of the VOCs from these vapors before they are discharged to the atmosphere.

5. All grinding mills shall be operated and maintained in accordance with manufacturers’ specifications. The manufacturers’ specifications shall be kept on file and made 6. The polymerization of synthetic varnish or resin shall be done in a completely enclosed operation with the VOC emissions controlled by the use of surface condensers or equivalent controls.

A. If surface condensers are used, they must be maintained to ensure a ninetyfive percent (95%) overall removal efficiency for total VOC emissions when condensing total VOC of a vapor pressure greater than twenty-six millimeters of Mercury (26 mmHg) (as measured at twenty degrees Celsius (20 °C)).

B. If equivalent controls are used, the VOC emissions must be reduced by an amount equivalent to the reduction which would be achieved under subparagraph (3)(A)6.A. of this rule. Any owner or operator desiring to use equivalent controls to comply with this subsection shall submit proof of equivalency as part of the control plan required under paragraph (3)(B)1. of this

rule. Equivalent controls may not be used until proof of equivalency has been submitted to the department and approved by the direc- (B) Compliance Dates.

1. The owner or operator of a paint, varnish, lacquer, enamel, or other allied surface coating production manufacturing installation subject to this rule shall submit a final control plan to the director for his/her approval no later than six (6) months after the effective date of this rule (September 11, 1984). This plan shall include a time schedule for compliance containing an engineering design, increments of progress, and a final compliance date.

2. Compliance with this rule shall be accomplished by any installation as expeditiously as practicable but in no case later than August 12, 1985.

(C) Compliance Determination.

1. The control efficiencies specified in paragraphs (3)(A)4. and (3)(A)6. of this rule shall be determined by a test method in section (5) of this rule.

2. Owners or operators utilizing add-on control devices shall monitor the following parameters continuously while the affected equipment is in operation:

A. Exit stream temperature on all condensers; and B. Any other parameter which the director determines is necessary to quantify emissions or otherwise determine compliance with this rule.

(4) Reporting and Record Keeping.

(A) Records shall be kept on production rates sufficient to determine daily VOC emissions and any test results performed in accordance with this rule.

(B) Owners or operators shall record all information derived from monitoring required under paragraph (3)(C)2. of this (C) The records described under subsections (4)(A) and (4)(B) of this rule shall be kept for a period of two (2) years and made (5) Test Methods. The following test methods may be used to demonstrate compliance with this rule as appropriate, based on gas stream composition:

(A) Method 18–Measurement of Gaseous Organic Compound Emissions By Gas Chromatography of 40 CFR 60, Appendix A- 6, as specified in 10 CSR 10-6.030(22);

(B) Method 25–Determination of Total Gaseous Nonmethane Organic Emissions as Carbon of 40 CFR 60, Appendix A-7, as specified in 10 CSR 10-6.030(22);

(C) Method 25A–Determination of Total Gaseous Organic Concentration Using a Flame Ionization Analyzer of 40 CFR 60,

Appendix A-7, as specified in 10 CSR 10- 6.030(22); or (D) Test Method 320–Measurement of Vapor Phase Organic and Inorganic Emissions by Extractive Fourier Transform Infrared (FTIR) Spectroscopy of 40 CFR 63,

Appendix A, promulgated as of July 1, 2019

rule, as published by the Office of the Federal Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N.

Capitol Street NW, Washington DC 20401. quent amendments or additions.

Original rule filed Oct. 13, 1983, effective March 11, 1984. Amended: Filed Oct. 4, 1988, effective March 11, 1989. Amended:

Filed Jan. 3, 2000, effective Aug. 30, 2000.

Amended: Filed Nov. 25, 2019, effective Sept. 30, 2020.

##### **10 CSR 10-5.400** Control of Emissions From Production of Maleic Anhydride {#sec-10-csr-10-5.400 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.400}

(Rescinded March 11, 1989)

Original rule filed June 4, 1985, effective Oct. 26, 1985. Rescinded: Filed Oct. 4,

**History**
- *AUTHORITY: section 203.059, RSMo 1986.*

##### **10 CSR 10-5.410** Control of Emissions From Manufacture of Polystyrene Resin Original rule filed Dec. 11, 1984, effective May 11, 1985. Amended: Filed June 5, 1986, effective Sept. 26, 1986. Amended: Filed Oct. 4, 1988, effective March 11, 1989. {#sec-10-csr-10-5.410 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.410}

Rescinded: Filed April 10, 2018, effective Jan. 30, 2019.

##### **10 CSR 10-5.420** Control of Equipment Leaks From Synthetic Organic Chemical and Polymer Manufacturing Plants {#sec-10-csr-10-5.420 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.420}

PURPOSE: This rule is designed to control leaks of volatile organic compounds from synthetic organic chemical and polymer manufacturing equipment. would be unduly cumbersome or expensive Therefore, the material which is so incorporated is on file with the agency who filed this

rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.

(1) Definitions.

(A) A component shall be considered in gas volatile organic compounds (VOC) service if it contacts a process fluid containing ten percent (10%) or greater VOC by weight that is in a gaseous state at operating condi- (B) A component shall be considered in light liquid VOC service if it contacts a process fluid containing ten percent (10%) or greater light liquid VOC by weight.

(C) A light liquid VOC is defined as a fluid VOC with a vapor pressure greater than 0.3 kilopascals (kPa) at twenty degrees Celsius (20 °C).

(D) Definitions of certain terms specified in this rule may be found in 10 CSR 10- (2) Applicability.

(A) This rule shall apply throughout St.

(B) This rule applies to all source operations with the potential of processing at least nine hundred eighty (980) tons per year of light liquid and gaseous VOC and producing as intermediate or final products any of those chemicals listed in 10 CSR 10-6.070 (40 CFR part 60, subpart VV).

(3) General Provisions.

(A) Leaking components shall be repaired within fifteen (15) days of the date the leak was detected. A source shall be considered leaking if monitoring results in an instrument reading of ten thousand parts per million (10,000 ppm) by volume or greater at a distance no more than five centimeters (5 cm) from the source or if visual inspection indicates leaks. Repair shall be considered as reduction of the measured VOC concentration below ten thousand (10,000) ppm by volume at a distance of no more than five centimeters (5 cm) from the source. Leaking components which cannot be repaired without a unit shutdown shall be repaired at the next scheduled unit shutdown or within ninety (90) days of the date the leak was detected, whichever comes first.

(B) The detection instrument and the monitoring method employed shall be in accordance with 10 CSR 10-6.070 (40 CFR part 60, Appendix A, method 21).

(C) Pumps with double mechanical seals including a barrier fluid system shall be exempt from the requirements of subsection (3)(F) if— 1. Operated with the barrier fluid at a pressure greater than the pump stuffing box pressure;

2. Equipped with a barrier fluid degassing reservoir that is connected by a closed vent system to a control device; or 3. Equipped with a system that purges the barrier fluid into a process stream with zero VOC emissions to the atmosphere.

(D) Safety/relief valves equipped in series with a rupture disk and a spring return valve or any pressure relief device that is equipped with a closed vent system capable of capturing and transporting leakage to a control device shall be exempt from the requirements of subsections (3)(E)–(J).

(E) Open-ended valves or lines shall be equipped with a cap, plug or second valve to seal the open end except during operations requiring process fluid flow through the open-ended valve or line, during maintenance procedures or to ensure safe operations.

(F) Quarterly monitoring shall be required for the following components in VOC service:

1. Pumps in light liquid VOC service;

2. Compressors in gas VOC service.

(G) Valves in VOC service not regulated externally or that are difficult or unsafe to monitor shall be monitored annually during April and repaired if leaking.

(H) All valves in VOC service shall be performance tested annually during April.

Performance testing shall consist of monitoring all valves in VOC service and repairing any that are leaking. If more than two percent (2%) of the valves monitored in any process unit are leaking, all valves in VOC service in that process unit except those covered by sub-

section (3)(E) shall be monitored quarterly until less than two percent (2%) are leaking.

(I) Pumps in light liquid VOC service weekly shall be inspected visually for indications of leaks.

(J) Safety/relief valves and any other pressure relief devices in VOC services shall be additionally monitored after each pressure relief.

(4) Reporting and Record Keeping. The owner or operator of a synthetic organic chemical or polymer manufacturing plant covered by this rule shall maintain a listing of the pumps, compressors and valves in VOC service and identify the VOC contained in each component. The owner or operator also shall maintain records of the results of the monitoring required in section (3) including tagging any leaking components and actions taken to repair any leaks that are discovered.

These records shall be kept by the owner or operator for at least two (2) years and submitted to the director upon request.

(5) Compliance Date. Owners or operators subject to this rule shall be in compliance with the monitoring, leak repair and recordkeeping procedures described in sections (3) and (4) of this rule no later than October 11, 1986.

Original rule filed April 2, 1986, effective Sept. 26, 1986. Amended: Filed Oct. 4,

##### **10 CSR 10-5.430** Control of Emissions From the Surface Coating of Chrome- Plated and Resist Plastic Parts {#sec-10-csr-10-5.430 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.430}

(Rescinded March 30, 2009)

Original rule filed Aug. 4, 1987, effective Dec. 24, 1987. Rescinded: Filed Aug. 1, 2008, effective March 30, 2009.

##### **10 CSR 10-5.440** Control of Emissions From Bakery Ovens 1995. Original rule filed Oct. 7, 1994, effective May 28, 1995. Amended: Filed May 15, 1996, effective Dec. 30, 1996. Rescinded: {#sec-10-csr-10-5.440 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.440}

Filed April 10, 2018, effective Jan. 30, 2019.

##### **10 CSR 10-5.442** Control of Emissions From Lithographic and Letterpress Printing Operations ic compound emissions from lithographic and letterpress printing operations in the St. {#sec-10-csr-10-5.442 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.442}

Louis 1997 eight (8)-hour ozone nonattainment area.

rial. The entire text of the rule is printed (1) Applicability.

(A) This rule applies to installations that operate offset lithographic printing presses, letterpress printing presses, or both, including heatset web, non-heatset web (newspaper and non-newspaper), and non-heatset sheetfed presses in St. Louis City and Jefferson, St. Charles, Franklin, and St. Louis Counties existing on August 30, 2011.

(B) This rule applies only to installations described in subsection (1)(A) of this rule, with total actual emissions from lithographic and letterpress printing operations, including related cleaning activities, before consideration of controls, of more than three (3) tons per twelve (12)-month rolling period of volatile organic compounds (VOCs).

(C) This rule does not apply to printing on fabric, metal, or plastic.

(D) Once the installation exceeds the applicability level of this rule, it shall remain subject to this rule even if its actual emissions drop below the applicability level of this rule until it can demonstrate, to the satisfaction of the director, that the total actual VOC emissions from lithographic and letterpress printing operations including related cleaning activities, before consideration of controls, is less than three (3) tons per twelve (12)-month rolling period for sixty (60) consecutive months.

(E) VOC emissions calculations guidance may be found in subsection (5)(D) of this

rule. As an alternative, the material use guidance in subsection (5)(E) of this rule may be used to determine applicability.

(2) Definitions.

(A) Alcohol—Refers to isopropanol, isopropyl alcohol, normal propyl alcohol, or ethanol.

(B) Alcohol substitutes—Nonalcohol additives that contain volatile organic compounds and are used in fountain solution.

(C) Automatic blanket wash system— Equipment used to clean lithographic blankets which can include, but is not limited to, those utilizing a cloth and expandable bladder, brush, spray, or impregnated cloth system.

(D) Cleaning solution—A liquid solvent used to remove printing ink and debris from the surfaces of the printing press and its parts. Cleaning solutions include, but are not limited to, blanket wash, roller wash, metering roller cleaner, plate cleaner, impression cylinder washes, and rubber rejuvenators.

(E) Fountain solution—The solution which is applied to the image plate to maintain the hydrophilic properties of the nonimage areas.

It is primarily water containing an etchant, a gum arabic, and a dampening aid (commonly containing alcohol and alcohol substitutes).

(F) Fountain solution reservoir—The collection tank that accepts fountain solution recirculated from printing unit(s). In some cases, the tanks are equipped with cooling coils for refrigeration of the fountain solu- (G) Heatset—A class of web-offset lithographic and letterpress printing in which the setting of the printing inks requires a heated dryer to evaporate the ink oils. The setting or curing of inks using only radiation (e.g., infrared, ultraviolet light, or electron beam) is not heatset and is classified as nonheatset.

(H) Letterpress printing—A printing process in which the image area is raised relative to the nonimage area, and the ink is transferred to the substrate directly from the image surface.

(I) Lithographic printing—A planographic printing process where the image and nonimage areas are chemically differentiated; the image area is oil receptive and the nonimage area is water receptive. This method differs from other printing methods, where the image is typically printed from a raised or recessed surface. Offset lithographic printing is the only common type of lithographic printing used for commercial printing.

(J) Offset lithographic printing—A printing process that transfers the ink film from the lithographic plate to an intermediary surface (rubber-covered blanket cylinder), which, in turn, transfers the ink film to the substrate.

(K) Press—A printing production assembly that can be made up of one (1) or many units to produce a finished product. This includes any associated coating, spray powder application, heatset web dryer, ultraviolet or electron beam curing units, or infrared heating units.

(L) Printing—Any operation that imparts color, images, or text onto a substrate using printing inks.

(M) Printing ink—Any fluid or viscous composition used in printing, impressing, or transferring an image onto a substrate.

Varnishes and coatings applied with offset lithographic and letterpress printing presses are inks and are part of the applicable printing process, not a separate operation such as paper coating.

(N) Sheet-fed—A printing press where individual sheets of substrate are fed into the press sequentially.

(O) Web—A printing process where a continuous roll of substrate is fed into the press.

(P) Definitions of certain terms in this

rule, other than those specified in this rule

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

(3) General Provisions.

(A) Fountain Solutions. This subsection applies only to offset lithographic presses with a total fountain solution reservoir capacity of one (1) gallon or more.

1. No owner or operator shall use or permit the use of any applicable offset lithographic printing press unless— A. For each heatset web press— (I) The fountain solution, as applied, contains one and six-tenths percent (1.6%) or less by weight of alcohol; or (II) The fountain solution, as applied, contains three percent (3.0%) or less by weight of alcohol and is refrigerated to a temperature of sixty degrees Fahrenheit (60 ºF) or less; or (III) The fountain solution, as by weight of alcohol substitutes; and (IV) The fountain solution mixing tanks are covered for alcohol-based solutions;

B. For each sheet-fed press with a maximum sheet size greater than eleven inches by seventeen inches (11" × 17")— (I) The fountain solution, as by weight of alcohol; or (II) The fountain solution, as applied, contains eight and five-tenths percent (8.5%) or less by weight of alcohol and is refrigerated to a temperature of sixty degrees Fahrenheit (60 ºF) or less; or (III) The fountain solution, as by weight of alcohol substitutes or a combination of alcohol and alcohol substitutes; and (IV) The fountain solution mixing tanks containing alcohol-based solutions are covered; and C. For each non-heatset web press, the fountain solution, as applied, contains no alcohol and five percent (5.0%) or less by weight of alcohol substitutes.

2. Direct measurement of the alcohol content of the fountain solution, as applied, shall be performed and recorded with a hydrometer, equipped with temperature correction or with readings adjusted for temperature, at least once per day or once per batch, whichever is longer. A standard solution shall be used to calibrate the hydrometer once per month for the type of alcohol used in the fountain.

3. For fountain solutions, as applied, containing alcohol substitutes or nonalcohol additives and, as an alternative to paragraph (3)(A)2. of this rule, the VOC content shall be established with proper record keeping which may include, as necessary to determine compliance, the amount of concentrated substitute added per quantity of fountain water, date of preparation, calculated VOC content of the final solution, or by measurement using 40 CFR 60, Appendix A, Method 24, as specified in 10 CSR 10-6.030(22) analysis as outlined in paragraph (5)(C)1. of this rule.

For automatic mixing systems, verification and record keeping of the mixer settings shall be performed at least once each month.

4. The fountain solution temperature for each refrigerated fountain reservoir containing alcohol-based solutions shall be measured at least once per day or once per batch, whichever is longer, by a thermometer or other temperature detection device capable of reading to one-half degree Fahrenheit (0.5 ºF).

(B) Press Cleaning. No owner or operator shall use or permit the use of any applicable offset lithographic or letterpress printing press unless— 1. All cleaning solutions, excluding a quantity not to exceed one hundred ten (110) gallons per facility in any twelve (12) consecutive months, shall have a VOC content of seventy percent (70%) or less, by weight, or a composite partial vapor pressure less than or equal to ten (10) millimeters of mercury (Hg) at twenty degrees Celsius (20 ºC);

2. The cleaning solutions are kept in tightly-covered containers at all times except when being dispensed as needed for cleaning operations;

3. The used cleaning cloths contaminated with cleaning solutions are placed in tightly-closed containers while awaiting off-site transportation. The cleaning cloths should be properly cleaned and disposed; and 4. The VOC content or composite partial vapor pressure of the cleaning solution, as applied, shall be established with proper record keeping which may include, as necessary to determine compliance, the amount of concentrated cleaning solution added per quantity of water, date of preparation, calculated VOC content, composite partial vapor pressure of the final solution, by measurement using 40 CFR 60, Appendix A, Method 24, as specified in 10 CSR 10-6.030(22) analysis as outlined in paragraph (5)(C)2. of this rule, or the formula in paragraph (5)(C)3. of this rule. For automatic blanket wash systems, verification and record keeping of the mixer settings shall be performed at least once each month.

(C) Heatset Web Press Emission Control Systems. This subsection applies only to heatset web lithographic and letterpress printing presses with the potential to emit (PTE)

VOCs from ink oil greater than twenty-five tons per year (25 tpy) unless any such press is used for book printing or has a maximum web width of twenty-two inches (22") or less.

1. No owner or operator shall use or permit the use of any press without a dryer which has one hundred percent (100%) of its exhaust ducted to a control device that is maintained and operated to achieve, at all times while the press is operating, at least the indicated percentage by weight control efficiency.

The dryer pressure shall be maintained below the pressure of the press room at all times while the press is operating. Continuous dryer air flow monitoring is not required.

2. As an alternative to achieving the applicable control efficiency in paragraph (3)(C)1. of this rule, any press shall operate its control device to maintain a maximum VOC outlet concentration of twenty parts per million by volume (20 ppmv) as hexane (C ) on a dry basis.

(D) Use of emission control equipment under subsection (3)(C) of this rule requires that continuous temperature monitors be installed, calibrated, maintained, and operated at all times while a connected printing press is operating. Temperatures shall be measured with an accuracy of plus or minus seventy-five hundredths of one percent (±0.75%) measured in degrees Celsius, or two and one-half degrees Celsius (2.5 ºC).

The operating temperatures to be used as the parameters for demonstrating continuous compliance shall be determined per subsection (5)(A) of this rule. The monitors continuously shall measure— 1. For catalytic oxidizers, the gas temperature upstream of the catalyst bed;

2. For thermal and regenerative oxidizers, the oxidizer operating temperature; and 3. Any other parameters considered necessary by the director to verify compliance and proper operation of emission control equipment.

(4) Reporting and Record Keeping.

(A) All persons subject to this rule shall maintain records as required by this section sufficient to determine continuous compliance with this rule. These records shall be kept for at least five (5) years, or longer if enforcement action is pending, and made available immediately upon request for review by the Department of Natural Resources’ personnel and other air pollution control agencies upon presentation of proper credentials.

(B) All persons subject to subsection (3)(C) of this rule shall maintain records for each control device sufficient to demonstrate that the control efficiency is being maintained. These records shall include, but are not limited to:

1. The temperature readings, logged at least once every fifteen (15) minutes, from the monitors required by paragraphs (3)(D)1. and (3)(D)2. of this rule; and 2. The operating parameters of any required control device determined from any initial or subsequent control efficiency compliance testing as outlined in subsection (5)(A) of this rule.

(C) For each applicable printing press, records shall be maintained to show— 1. For each fountain solution whose VOC content is modified, the calculation or direct measurement data that indicates the resultant VOC content by weight. The calculation or measurement need only be performed once for each batch of fountain solution used except that it need not be performed at all for the dilution of a fountain solution containing alcohol substitutes purchased with less than five percent (5.0%) VOC content before dilution or for alcohol containing fountain solutions requiring refrigeration purchased with less than three percent (3%) or eight and five tenths percent (8.5%) VOC content, for heatset web and sheet-fed presses, respectively;

2. For each fountain solution, a manufacturer’s formulation data sheet or Material Safety Data Sheet (MSDS) listing the physical properties of alcohol or alcohol substitute(s) such as density and percent VOC as purchased from the supplier;

3. Results of any testing conducted on an emission unit at a regulated facility;

4. Maintenance records and inspection results of any air pollution control equipment; and 5. The temperature, as required by paragraph (3)(A)1. of this rule, at least once per day or once per batch, whichever is longer.

(D) For each lithographic and letterpress printing installation subject to this rule, records shall be maintained to show— 1. A Material Safety Data Sheet or manufacturer’s formulations data listing the percentage by weight of VOC in the cleaning solution, the composite partial vapor pressure of VOC in the cleaning solution, or the necessary data to make a determination thereof as outlined in subsection (5)(C) of this rule;

2. For each cleaning solution whose VOC content is modified, the calculation that indicates the resultant VOC content by weight or composite partial vapor pressure. The calculation need only be performed once for each batch of cleaning solution used except that it need not be performed at all for the dilution of a cleaning solution which does not exceed the VOC limits of paragraph (3)(B)1. of this rule; and 3. The quantity of all cleaning solution used which does not meet the VOC limits set forth in paragraph (3)(B)1. of this rule on a twelve (12)-consecutive-month basis.

(E) The director may require other records as reasonable and necessary to carry out the provisions of the Missouri Air Conservation Law.

(5) Test Methods. Certain test methods mentioned in this rule may be found in 10 CSR 10-6.030. Other U.S. Environmental Protection Agency test methods specific to this rule may be found in 40 CFR 60,

Appendix A as specified in 10 CSR 10- (A) Control Efficiency Testing. To demonstrate compliance with the emission limits of subsection (3)(C) of this rule, an initial emission test shall be performed after any required control equipment is installed. The emission limits are not met until compliance has been verified through this testing. Testing is also required within one hundred eighty (180) days after significant modifications to any control equipment required by this rule.

Significant modifications include any repairs or changes that might substantially alter or affect the overall control efficiency. This sub-

section outlines the methods to be used for any such testing.

1. The emission unit shall be run at typical operating conditions and flow rates compatible with scheduled production during any emission testing.

2. Capture efficiency testing for heatset dryers is not required if it is demonstrated that pressure in the dryer is negative relative to the surrounding press room and the airflow is into the dryer. This test may be performed with a differential pressure gauge or an airflow direction indicator (e.g., smoke stick or aluminum ribbons).

3. EPA Method 1 or 1A, as specified in 10 CSR 10-6.030(22), as appropriate, shall be used to select the sampling sites.

4. EPA Method 2, 2A, 2C, or 2D, as specified in 10 CSR 10-6.030(22), as appropriate, shall be used to determine the velocity and volumetric flow rate of the exhaust stream.

5. EPA Method 3 or 3A, as specified in 10 CSR 10-6.030(22), as appropriate, shall be used to determine the concentration of oxygen (O ) and carbon dioxide (CO ).

6. EPA Method 4, as specified in 10 CSR 10-6.030(22), shall be used to determine moisture content.

7. EPA Method 25, 18, or 25A, as specified in 10 CSR 10-6.030(22), shall be used to determine the VOC concentration of the exhaust stream entering and exiting the control device, unless the alternate limit in paragraph (3)(C)2. of this rule is being used for compliance, in which case only the VOC concentration of the exit exhaust shall be determined. In cases where the anticipated outlet VOC concentration of the control device is less than fifty (50) ppmv as carbon, EPA Method 25A, as specified in 10 CSR 10- 6.030(22), shall be used.

8. If EPA Method 25A, as specified in 10 CSR 10-6.030(22), is used— A. The outlet readings from a thermal or catalytic oxidizer may be corrected by using EPA Method 18 or 25, as specified in 10 CSR 10-6.030(22), to determine non-VOC components (methane and ethane) and subtracting these from the Method 25A result;

B. The director may require a retest by EPA Method 18 or 25, as specified in 10 CSR 10-6.030(22), if the average corrected outlet reading is greater than fifty (50) ppmv VOC as carbon.

9. A compliance test shall consist of up to three (3) separate runs, each lasting a minimum of sixty (60) minutes unless the director determines that the circumstances dictate shorter sampling times.

10. EPA Method 25, as specified in 10 CSR 10-6.030(22), specifies a minimum probe temperature of two hundred sixty-five degrees Fahrenheit (265 °F). To prevent condensation, the probe should be heated to at least the gas stream temperature, typically close to three hundred fifty degrees Fahrenheit (350 °F).

11. EPA Method 25A, as specified in 10 CSR 10-6.030(22), specifies a minimum temperature of two hundred twenty degrees Fahrenheit (220 °F) for the sampling components leading to the analyzer. To prevent condensation when testing heatset printing presses, the sampling components and flame ionization detector lock should be heated to at least the gas stream temperature, typically close to three hundred fifty degrees Fahrenheit (350 °F).

12. The oxidizer operating temperature or the temperature of the gas upstream of the catalyst bed may be used as the operating parameter for determining continuous compliance with the emission standard of subsection (3)(C) of this rule. This temperature shall be computed as the time-weighted average of the temperature values recorded during the test.

The owner or operator must maintain the oxidizer at a three (3)-hour average temperature equal to or greater than a temperature fifty degrees Fahrenheit (50 °F) below the average temperature observed during the most recent stack test to demonstrate continuous compli- 13. Use of an adaptation to any of the methods specified in this subsection may be approved by the director on a case-by-case

basis. The owner or operator shall submit sufficient documentation for the director to find that the methods specified in this subsection will yield inaccurate results and that the proposed adaptation is appropriate.

(B) Control Device Inspection. For catalytic oxidizers, the catalyst bed material shall be inspected annually for general catalyst condition and any signs of potential catalyst depletion. The owner or operator shall also collect a representative sample of the catalyst from the oxidizer, per manufacturer’s recommendations, and have it tested to evaluate the catalyst’s capability to continue to function at or above the required control efficiency. An evaluation of the catalyst bed material shall be conducted whenever the results of the inspection indicate signs of potential catalyst depletion or poor catalyst condition based on manufacturer’s recommendations, but not less than once per year.

(C) VOC Content Testing.

1. Fountain solutions. Compliance with the VOC content limits for fountain solutions established in subsection (3)(A) of this rule shall be determined by one (1) of the follow- A. If fountain solution is diluted prior to use, a calculation that combines EPA Method 24, as specified in 10 CSR 10- 6.030(22), analytical data for the concentrated materials used to prepare the fountain solution and the proportions in which they are mixed to make the as-applied material.

The analysis of the concentrated materials may be performed by the supplier of those materials. Owners or operators may use formulation information provided with the concentrated materials used to prepare the fountain solution, such as the container label, the product data sheet, or the MSDS sheet to document the VOC content of the concentrated material;

B. If fountain solution is not diluted prior to use, MSDS or manufacturer’s formulation data sheet may be used; or C. EPA Method 24, as specified in 10 CSR 10-6.030(22), of a sample of fountain solution, as applied.

2. Cleaning solutions. The VOC content or VOC composite partial vapor pressure of cleaning solutions shall be determined by one (1) of the following:

A. Analysis by EPA Method 24, as specified in 10 CSR 10-6.030(22), for VOC content or by an appropriate method for VOC composite partial vapor pressure of a sample of the cleaning solution. See formula in paragraph (5)(C)3. of this rule. The analysis may be performed by the supplier of those materials; or B. Calculation for VOC content that combines EPA Method 24, as specified in 10 CSR 10-6.030(22), analytical data for the concentrated materials used to prepare the cleaning solution and the proportions in which they are mixed to make the cleaning solution as applied. Owners or operators may use formulation information provided with the concentrated materials used to prepare the cleaning solution, such as the container label, the product data sheet, or the MSDS sheet to document the VOC content of the concentrated material;

C. If cleaning solution is not diluted prior to use, MSDS or manufacturer’s formulation data sheet may be used.

3. Calculations. The VOC composite partial vapor pressure is the sum of the partial pressure of the compounds defined as VOCs.

VOC composite partial vapor pressure is calculated as follows:

(W )(VP

)/MW

PP = Weight of the i VOC compound, in grams = Weight of water, in grams = Weight of exempt compound, in grams = Molecular weight of the i VOC compound, in g/g-mole = Molecular weight of water, in g/g-mole = Molecular weight of exempt compound, in g/g-mole n = Number of VOC compounds PP = VOC composite partial vapor pressure at 20 °C (68 °F), in mmHg VP = Vapor pressure of the i compound at 20 °C (68 °F), in mmHg (D) VOC Emission Calculations, Retention Factors, and Capture Efficiencies. For purposes of determining VOC emissions from lithographic and letterpress printing operations, the following retention factors and capture efficiencies and formula shall be used:

1. A portion of the VOC contained in inks and cleaning solution is retained in the printed web or in the shop towels used for cleaning. The following retention factors shall be used:

A. For heatset inks printed on absorptive substrates, a twenty percent (20%) VOC retention factor shall be used meaning eighty percent (80%) of the VOC in the ink is emitted during the printing process and is available for capture and control by an add-on pollution control device;

B. For sheet-fed and non-heatset web inks printed on absorptive substrates, a ninety-five percent (95%) VOC retention factor shall be used, meaning five percent (5%) of the VOC in the ink is emitted during the printing process; and C. For cleaning solution VOC emissions from shop towels using cleaning solutions with a VOC composite vapor pressure of no more than ten (10) mmHg at twenty degrees Celsius (20 °C) (sixty-eight degrees Fahrenheit (68 °F)), a fifty percent (50%)

VOC retention factor shall be used if the contaminated shop towels are kept in closed containers;

2. A portion of the VOC contained in inks, fountain solutions, and automatic blanket washes on heatset presses is captured in the press dryer for control by add-on pollution control devices. The following capture factors shall be used:

A. For inks, a one hundred percent (100%) VOC capture efficiency shall be used. All the VOC in the ink that is not retained is assumed to be volatilized in the press dryer if it is demonstrated that the pressure in the dryer is negative relative to the surrounding press room and the airflow is into the dryer;

B. For fountain solutions containing alcohol substitutes, a seventy percent (70%)

VOC capture factor shall be used; and C. For automatic blanket wash solutions with a VOC composite partial vapor pressure of no more than ten (10) mmHg at twenty degrees Celsius (20 °C) (sixty-eight degrees Fahrenheit (68 °F)), a forty percent (40%) VOC capture factor shall be used; and 3. For calculating VOC emissions, the following equations shall be used:

A. For total VOC emissions from an offset lithographic printing facility, including all related cleaning activities— = Total VOC emissions, = Weight of ink used, = Weight fraction of VOC in the ink = Retention factor of the ink, expressed as a percent m = Number of inks = Volume of fountain solution used, expressed as gallons = VOC content of fountain solution, expressed as pounds per gallon n = Number of fountain solu- = Volume of cleaning solution used, expressed as gallons = VOC content of cleaning solution, expressed as pounds per gallon = Retention factor of the cleaning solution, expressed as a percent p = Number of cleaning solu- B. For VOC ink oil emissions from a heatset web lithographic or letterpress printing press— = Total VOC emissions, = Weight of ink used, = Weight fraction of VOC in the ink = Retention factor of the ink, expressed as a percent n = Number of inks (E) Material Use Guidance: Applicability Determination. Based on EPA’s Potential to Emit (PTE) Guidance for Specific Source Categories (April 14, 1998), and the equations of paragraph (5)(D)3. of this rule, the methods in this subsection may be used for determining if a facility or press meets the corresponding applicability thresholds.

1. For determining if a facility meets the applicability limits of subsection (1)(B) of this rule, the material use thresholds are as 2. For determining if a web heatset press is subject to subsection (3)(C) of this rule, the material use thresholds are as follows:

Original rule filed Oct. 7, 1994, effective May 28, 1995. Amended: Filed Nov. 30, 2010, effective Aug. 30, 2011. Amended:

Filed March 20, 2019, effective Jan. 30, 2020. 1972, 1992, 1993, 1995, 2011; transferred from 203.050 in 1986.

##### **10 CSR 10-5.443** Control of Gasoline Reid Vapor Pressure {#sec-10-csr-10-5.443 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.443}

(Rescinded: January 30, 2003)

Original rule filed Dec. 13, 1993, effective July 30, 1994. Amended: Filed Oct. 7, 1994, effective May 28, 1995. Rescinded: Filed April 2, 2002, effective Jan. 30, 2003.

##### **10 CSR 10-5.450** Control of VOC Emissions from Traffic Coatings Original rule filed Oct. 7, 1994, effective May 28, 1995. Rescinded: Filed Jan. 4, 2018, effective Sept. 30, 2018. {#sec-10-csr-10-5.450 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.450}

##### **10 CSR 10-5.451** Control of Emissions from Aluminum Foil Rolling {#sec-10-csr-10-5.451 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.451}

PURPOSE: This rule specifies operating procedures, materials requirements, and control equipment specifications for the reduction of volatile organic compounds from aluminum foil rolling mills in the St. Louis ozone nonattainment area. Since volatile organic compounds are precursors to ozone formation, ambient ozone levels will be reduced.

(1) Applicability. This rule shall apply to all aluminum foil rolling facilities with potential volatile organic compound (VOC) emissions greater than or equal to one hundred (100) tons per year throughout St. Louis City and Jefferson, St. Charles, Franklin and St. Louis Counties.

(2) Definitions.

(A) Cold rolling mill—Batch process aluminum sheet rolling mill with a preset gap between the work rolls used to reduce the sheet thickness. The process generally occurs at temperatures below two hundred sixty-five degrees Fahrenheit (265 °F.). A cold rolling mill is used mainly for the production of aluminum sheet at gauges between 0.3 inches to 0.002 inches. Reductions to finish gauge may occur in one (1) pass or several passes.

(B) Intermediate foil mill—Batch process aluminum foil rolling mill with the work rolls in contact to reduce foil gauge. This process reduces finished sheet to intermediate foil gauges. An intermediate foil mill is used mainly in the production of aluminum foil at gauges between 0.010 inches to 0.0004 inches. Reductions to finish gauge may occur in several passes through the mill.

(C) Finish foil mill—Batch process aluminum foil rolling mill with work rolls in contact to reduce foil gauge. This process reduces intermediate foil and in some cases finished sheet to final gauges. A finish foil mill is used mainly in the production of aluminum foil at gauges between 0.005 inches to 0.00018 inches. Reductions to finish gauge may occur in several passes through the mill. p (D) Rolling lubricant—Petroleum based oil usually mixed with additives. The lubricant is used to cool the work rolls and provide lubrication for the product in contact with the work rolls.

(E) Definitions of certain terms specified in this rule may be found in 10 CSR 10- (3) Emission Limits.

(A) Rolling Lubricants.

1. Cold rolling mill.

A. Rolling lubricants used on the cold mill shall consist of low vapor pressure lubricants composed of saturated oils and additives. For purposes of this subparagraph, low vapor pressure shall be defined as less than 1.0 mmHg at one hundred degrees Fahrenheit (100 °F).

B. The initial boiling point of the asreceived oils shall be three hundred eighty degrees Fahrenheit (380 °F) or greater.

C. The initial boiling point of the asapplied rolling lubricants shall be greater than three hundred eighty degrees Fahrenheit (380 °F).

D. The inlet or as-applied rolling lubricant temperatures at each mill shall not exceed one hundred fifty-five degrees Fahrenheit (155 °F) and such temperatures shall be monitored at all times that the mill is in operation.

2. Intermediate and finishing mills.

A. Rolling lubricants used on the intermediate and finish mills shall consist of low vapor pressure lubricants composed of saturated oils and additives. For purposes of this subparagraph, low vapor pressure shall be defined as less than 1.0 mmHg at one hundred degrees Fahrenheit (100 °F).

B. The initial boiling point of the asreceived oils shall be three hundred thirtyfive degrees Fahrenheit (335 °F) or greater.

C. The initial boiling point of the asapplied rolling lubricants shall be greater than three hundred degrees Fahrenheit (300 °F).

D. The inlet or as-applied rolling lubricant temperatures at each mill shall not exceed one hundred sixty degrees Fahrenheit (160 °F) and such temperatures shall be monitored at all times that the mill is in operation.

(B) Large Emission Sources.

1. For any rolling mill that has ever had actual VOC emissions equal to or greater than one thousand (1,000) tons per calendar year— A. Emissions capture methods and emissions control equipment must be installed and used, which will result in an overall VOC emission reduction of at least eighty percent (80%).

B. An affected facility shall submit a compliance plan that details how the required VOC emissions will be controlled. The compliance plan shall include:

(I) A physical description and the operating characteristics of the rolling mill;

(II) A physical description of the capture methods to be used and the operating characteristics and design specifications of the control equipment;

(III) Expected annual quantities of material throughputs to the mill and the control equipment;

(IV) Potential VOC emissions, expected actual VOC emissions from the mill, both controlled and uncontrolled, and total operating hours from the two (2) previous calendar years to be used as a baseline for determination of overall emissions reductions;

(V) Proposed methods of testing, monitoring, record keeping and reporting for determining compliance with this rule;

(VI) A compliance schedule detailing all important interim dates up to and including final compliance testing; and (VII) Any additional information as requested by the director.

C. The compliance plan shall be submitted to the director no later than sixty (60) days after the effective date of this rule.

D. The compliance plan shall be subject to the approval of the director.

2. Contingency plans.

A. Should an affected facility not be able to meet the overall eighty percent (80%)

VOC emission reduction, the facility must develop and submit a plan detailing corrective actions to obtain VOC emission reductions equivalent to the shortfall. The contingency plans shall be submitted to the director for approval.

B. The contingency plan shall include (I) The total VOC emission reductions that will be achieved by the plan;

(II) The emission reduction method of control that will be used to make up for any shortfall in the original compliance plan;

(III) Proposed method of record keeping; and (IV) A proposed implementation schedule.

C. The contingency plan shall be submitted no later than one hundred twenty (120) days after a determination is made that the compliance plan does not meet the eighty percent (80%) emission reduction.

(4) Record Keeping.

(A) For cold rolling mills— 1. Records of rolling lubricant formulations with identification of all oils and additives shall be maintained;

2. Records of the initial and final boiling points of all as-received oil shipments shall be maintained;

3. Records of the initial boiling points of the as-applied rolling lubricant shall be maintained on a monthly basis;

4. The temperature of the as-applied rolling lubricant shall be continuously recorded; and 5. All records of rolling lubricant formulations, distillation tests for oils, and asapplied rolling lubricants and rolling lubricant temperatures shall be retained for a period of at least three (3) years and be immediately available for inspection upon request by the department or any agency with proper

(B) For intermediate and finishing mills— 1. Records of rolling lubricant formulations with identification of all oils and additives shall be maintained;

2. Records of the initial and final boiling points of all as-received oil shipments shall be maintained;

3. Records of the initial boiling points of the as-applied rolling lubricant shall be maintained on a monthly basis;

4. The temperature of the as-applied rolling lubricant shall be continuously recorded; and 5. All records of rolling lubricant formulations, distillation tests for oils, and as-applied rolling lubricants and rolling lubricant temperatures shall be retained for a period of at least three (3) years and be immediately available for inspection upon request by the department or any agency with proper

(5) Determination of Compliance.

(A) All incoming shipments of oil shall be sampled and a distillation range test shall be performed using American Society for Testing and Materials (ASTM) methods D86-99, Standard Method for Distillation of Petroleum Products or other methods approved by the director. The results of such tests shall be used for compliance with subparagraph (3)(A)1.B. of this rule and subparagraph (3)(A)2.B. of this rule.

(B) A grab sample of the as-applied rolling lubricants shall be taken on a monthly basis from each mill during any month that a mill is in operation. A distillation range test shall be performed using ASTM methods. The results of such tests shall be used to deter mine compliance with subparagraphs (3)(A)1.C. and (3)(A)2.C.

(C) Compliance with subparagraphs (3)(A)1.D. and (3)(A)2.D. shall be met with continuous monitoring and recording of the rolling lubricant temperature.

(D) Determination of the eighty percent (80%) emission reduction requirement in subparagraph (3)(B)1.A. shall be determined through control efficiency emissions testing.

Filed Feb. 9, 2000, effective Sept. 30, 2000. *Original authority: 203.050, RSMo 1965, amended 1972, transferred to 643.050, RSMo 1986, amended 1992, 1993, 1995.

**History**
- *authority.*
- *authority.*
- *AUTHORITY: section 643.050, RSMo Supp. 1999. Emergency rule filed March 15, 1995, effective March 25, 1995, expired July 11, 1995. Original rule filed March 15, 1995, effective Nov. 30, 1995. Amended:*

##### **10 CSR 10-5.455** Control of Emissions From Industrial Solvent Cleaning Operations 2011. Original rule filed Oct. 7, 1994, effective May 28, 1995. Amended: Filed July 15, 1996, effective Feb. 28, 1997. Amended: {#sec-10-csr-10-5.455 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.455}

Filed Nov. 30, 2010, effective Aug. 30, 2011.

Amended: Filed Sept. 16, 2011, effective May 30, 2012. Rescinded: Filed April 10, 2018, effective Jan. 30, 2019.

##### **10 CSR 10-5.480** St. Louis Area Transportation Conformity Requirements {#sec-10-csr-10-5.480 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.480}

PURPOSE: This rule implements section 176(c)(4)(E) of the Clean Air Act (CAA), as amended (42 U.S.C. 7401–7671q.), and the related requirements of 23 U.S.C. 109(j), with respect to the conformity of transportation plans, programs, and projects which are developed, funded, or approved by the United States Department of Transportation (DOT) and by metropolitan planning organizations (MPOs) or other recipients of funds under Title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 53). This rule sets forth policy, criteria, and procedures for demonstrating and assuring conformity of such activities to the applicable implementation plan, developed pursuant to section 110 and

part D of the CAA. This rule applies to the St. Louis ozone and PM nonattainment and carbon monoxide maintenance areas.

rial. The entire text of the rule is printed (1) Applicability.

(A) This rule applies to all Environmental Protection Agency (EPA) designated nonattainment and maintenance areas for transportation-related criteria pollutants.

(B) The purpose of this rule is to fulfill the requirement in 40 CFR 51.390(b) to establish a state implementation plan (SIP) revision that includes the following three (3) sections of the federal transportation conformity rule:

1. 40 CFR 93.105, which addresses consultation procedures;

2. 40 CFR 93.122(a)(4)(ii), which states that conformity SIPs must require that written commitments to control measures be obtained prior to a conformity determination if the control measures are not included in a metropolitan planning organization (MPO) transportation plan and transportation improvement program (TIP) and that such a commitment be fulfilled; and 3. 40 CFR 93.125(c), which states that conformity SIPs must require that written commitments to mitigation measures be obtained prior to a project-level conformity determination and that project sponsors comply with such commitments.

(C) Once this rule is approved by the EPA into the Missouri State Implementation Plan, it has full legal effect. Conformity determinations will be governed by these criteria and procedures as well as any applicable portions of the federal conformity rule that are not addressed by the state rule.

(D) The Federal Transportation Conformity

Rule (for reference) is located at 40 Code of Federal Regulations (CFR) 93.100 through 93.129.

(2) Definitions.

(A) Definitions for key words and phrases used in this rule may be found in subsection 40 CFR 93.101 of 40 CFR 93 Subpart A, promulgated as of July 1, 2009, including the revision published at 75 FR 14283 (effective April 23, 2010) and hereby incorporated by reference in this rule, as published by the Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This amendments or additions.

(B) Participants in the interagency consultation process will be comprised of management and technical staff members from the following public agencies:

1. City of St. Louis Department of Health Air Pollution Control Program—a local air agency;

2. East-West Gateway Council of Governments—the metropolitan planning organization;

3. Federal Highway Administration, Illinois Division—a federal transportation 4. Federal Highway Administration, Missouri Division—a federal transportation 5. Federal Transit Administration, Region 7—a federal transportation agency;

6. Illinois Department of Transportation—a state transportation agency;

7. Illinois Environmental Protection Agency’s Bureau of Air—a state air agency;

8. Madison County Highway Department—a local transportation agency;

9. Madison County Transit District—a local mass-transit agency;

10. Metro (Bi-State Development Agency)—a local mass-transit agency;

11. Missouri Department of Natural Resources’ Air Pollution Control Program—a state air agency;

12. Missouri Department of Transportation—a state transportation agency;

13. St. Clair County Department of Roads and Bridges—a local transportation 14. St. Clair County Transit District—a local mass-transit agency;

15. St. Louis County Department of Health—a local air agency;

16. St. Louis County Department of Highways—a local transportation agency;

17. U.S. Environmental Protection Agency, Region 5—a federal air agency; and 18. U.S. Environmental Protection Agency, Region 7—a federal air agency.

(C) When a reference is made in this rule to the state air agencies, the local air agencies, the state transportation agencies, the local transportation agencies, the MPO, the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), and the EPA, this means the corresponding public agencies as indicated in subsection (2)(B) of this rule that are participants in the interagency consultation process.

(D) The process for additional agency participation is as follows:

1. For local transportation agencies, the MPO and the Illinois Department of Transportation will jointly appoint Illinois representatives, and the MPO and the Missouri Department of Transportation will jointly appoint Missouri representatives;

2. For local air agencies, the MPO and the Missouri Department of Natural Resources will jointly appoint Missouri representatives, and the MPO and the Illinois Environmental Protection Agency’s Bureau of Air will jointly appoint Illinois representatives;

3. For local mass-transit agencies, the MPO and the Illinois Department of Transportation will jointly appoint Illinois representatives, and the MPO and the Missouri Department of Transportation will jointly appoint Missouri representatives;

4. Nothing in this paragraph will preclude the authority of the lead agencies listed in subparagraphs (3)(B)1.A., B., and C. of this rule to involve additional agencies in the consultation process which are directly impacted by any project or action subject to this rule; and 5. Representatives appointed under paragraphs (2)(D)1., 2., 3., and 4. of this

rule will not come from an agency already represented as a consulting agency under sub-

section (2)(B) of this rule.

(E) Metropolitan planning organization (MPO)—That organization designated as being responsible, together with the state, for conducting the continuing, cooperative, and comprehensive planning process under 23 U.S.C. 134 and 49 U.S.C. 5303. It is the forum for cooperative transportation decisionmaking. The East-West Gateway Council of Governments is the MPO for the St. Louis metropolitan area and the organization responsible for conducting the planning required under section 174 of the CAA.

(F) Definitions of certain terms specified (3) General Provisions.

(A) General. This section of the rule provides the general aspects of the transportation conformity interagency consultation process.

1. Pursuant to 40 CFR 51.390, this rule provides for interagency consultation (federal, state, and local), resolution of conflicts, public consultation procedures (per 40 CFR 93.105), and written commitments to control measures (40 CFR 93.122(a)(4)(ii)) and mitigation measures (40 CFR 93.125(c)).

2. Such consultation procedures will be undertaken by the MPO, the state transportation agencies, and the FHWA and the FTA with state and local air quality agencies and the EPA prior to making conformity determinations and by state and local air agencies and the EPA with the MPO, the state transportation agencies, and the FHWA and the FTA in developing applicable implementation plans.

(B) Interagency Consultation Procedures.

This section of the rule provides the specific aspects of the transportation conformity interagency consultation process.

1. General factors.

A. Representatives of the MPO and the public agencies listed in subsection (2)(B) of this rule will undertake an interagency consultation process in accordance with this section with each other and with the EPA, the FHWA, and the FTA on the development of the transportation conformity state implementation plan (SIP), the transportation plan, the transportation improvement plan (TIP), any revisions to the preceding documents, and all conformity determinations required by B. The state air agencies will be the lead agencies responsible for preparing the final document or decision and for assuring the adequacy of the interagency consultation process with respect to the development of applicable transportation-related implementation and control strategy SIP revisions for their respective areas of jurisdiction.

C. The East-West Gateway Council of Governments (St. Louis’s metropolitan planning agency (MPO)) will be the lead agency responsible for preparing the final document or decision and for assuring the adequacy of the interagency consultation process with respect to the development of the long-range transportation plan, the TIP, any amendments or revisions thereto, and for providing assistance for technical analyses by employing travel-demand modeling techniques and acquiring all necessary data in the metropolitan area under its jurisdiction.

D. In addition to the lead agencies identified in subparagraphs (3)(B)1.A., B., and C. of this rule, other agencies entitled to actively participate in the interagency consultation process under this rule are listed in subsection (2)(B) of this rule.

E. It will be the role and responsibility of each lead agency in an interagency consultation process, as specified in subparagraphs (3)(B)1.A., B., and C. of this rule, to confer with all other agencies identified in subparagraphs (3)(B)1.A., B., C., and D. of this rule, to provide all appropriate information to those agencies needed for meaningful input, to solicit early and continuing input from those agencies, to conduct the consultation process described in 40 CFR 93.105, to assure policy-level contact with those agencies, to consider the views of each such agency and respond to those views in a period not to exceed thirty (30) days from the date received prior to any final decision on such document, and to assure that such views and written response are made part of the record of any decision or action. Each lead agency will provide all necessary documentation for review at the initiation of, or prior to, the review and comment period. Information for scheduled meetings will be distributed to participants at least seven (7) days before the scheduled meeting. It will be the role and responsibility of each agency specified in subparagraphs (3)(B)1.A., B., C., and D. of this rule, when not fulfilling the role and responsibilities of a lead agency, to confer with the lead agency and other participants in the consultation process, to review and comment as appropriate (including comments in writing) on all proposed documents and decisions in a period not to exceed thirty (30) days, to attend consultation and decision meetings, to assure policy-level contact with other participants, to provide input on any area of substantive expertise or responsibility, and to provide technical assistance to the lead agency or consultation process in accordance with this rule when requested.

F. Consultation on specific transportation conformity issues, other than the continual process of keeping all the agencies informed on all conformity and SIP actions, may be initiated at any time during the document development process by any of the agencies specified in subparagraphs (3)(B)1.A., B., C., and D. of this rule. It will be the responsibility of the initiate to ensure that all other agencies identified in subparagraphs (3)(B)1.A., B., C., and D. of this rule are notified of any such action. All agencies so notified must respond to the issue(s) raised within fourteen (14) days unless an alternate schedule is agreed upon by all participants.

G. It will be the responsibility of the MPO and the state transportation agencies to provide the state and local air agencies with the latest version of the TIP, the statewide transportation improvement plan (STIP), and the transportation plan.

H. It shall be the responsibility of the state air agencies to provide the MPO, state transportation agencies, the FHWA, the FTA, and the EPA with the latest version of the SIP.

I. It will also be the responsibility of each of the agencies specified in subparagraphs (3)(B)1.A., B., C., and D. of this rule to keep their own superiors and constituents properly informed of conformity determina- J. The agencies specified in subparagraphs (3)(B)1.A., B., C., and D. of this rule may employ consultant services at their own discretion.

2. Specific roles and responsibilities of various participants in the interagency consultation process will be— A. The state air agencies listed in sub-

section (2)(B) of this rule will be responsible in relation to SIP development for— (I) Developing emissions inventories;

(II) Developing emissions budgets;

(III) Conducting air quality modeling;

(IV) Developing attainment and maintenance demonstrations;

(V) Revising control strategy implementation plans;

(VI) Regulatory Transportation Control Measures (TCMs) intended to provide enforceable emission reductions;

(VII) Compiling motor vehicle emissions factors;

(VIII) Meeting all the EPA reporting requirements related to air quality; and (IX) Responding to all comments concerning the SIP;

B. The local air agencies will be responsible for their areas of jurisdiction, with the state air agencies being responsible for all remaining counties, as well as being responsible for ensuring that the local air agencies fulfill these tasks. Local air agencies may request assistance from the state air agencies in any of the responsibilities listed here;

C. The MPO will be responsible in their area of jurisdiction for— (I) Developing and monitoring transportation plans and TIPs;

(II) Evaluating the transportation impacts and feasibility of TCMs;

(III) Developing transportation and socioeconomic data and latest planning assumptions and providing such data and planning assumptions to the state air agencies for use in air quality analysis;

(IV) Developing system- or facilitybased or other programmatic (non-regulatory) TCMs;

(V) Providing technical and policy input on emissions budgets;

(VI) Performing transportation modeling including:

(a) Selecting and evaluating such models;

(b) Documenting their use in (c) Alerting, for comment, the agencies identified in subparagraphs (3)(B)1.A., B., C., and D. of this rule, when any new model is being tested or employed;

(VII) Developing draft and final conformity determination documents for all transportation plans, TIPs, and projects;

(VIII) Monitoring and coding regionally-significant projects into the transportation networks;

(IX) Developing statistical information such as vehicle miles traveled, vehicle mix, and vehicle speeds for use in on-road mobile emissions analysis;

(X) Making elections regarding the time frame of the conformity determination under 40 CFR 93.106(d);

(XI) Identifying planning assumptions and evaluating those assumptions for consistency with SIP assumptions;

(XII) Developing draft documents, record notes, and distribute agendas prior to meetings (in person or by conference calls or other practical electronic means);

(XIII) Providing all appropriate information to those agencies needed for meaningful input and provide all draft and supportive documentation (hard copy or electronic format) in a timely manner to participating agencies; and (XIV) Preparing the final document subject to interagency consultation will assure that all relevant documents and information are supplied to all participants in the consultation process prior to the release for public review;

D. The state transportation agencies listed in subsection (2)(B) of this rule will be responsible for— (I) Developing the Statewide Transportation Plan and the STIP;

(II) Providing technical input on new and proposed revisions to motor vehicle emission budgets;

(III) Distributing draft and final environmental documents to other agencies;

(IV) Providing the transportationrelated information needed for mobile emissions analysis;

(V) Developing the statistical information, such as vehicle miles traveled, vehicle mix, and vehicle speeds, for use in onroad mobile emission analysis for areas outside the MPO boundary;

(VI) Developing the draft document(s) related to the National Environmental Policy Act (NEPA) process, providing it for review, responding to comments, and preparing the final document(s);

(VII) Performing transportation modeling, including:

(a) Selecting and evaluating such models;

(b) Documenting their use in (c) Alerting, for comment, the agencies identified in subparagraphs (3)(B)1.A., B., C., and D. of this rule, when any new model is being tested or employed;

(VIII) Making conformity determinations for areas outside of the MPO boundary;

(IX) Convening consultation to cooperatively choose the appropriate conformity test(s) and methodologies for use in isolated rural nonattainment and maintenance areas, as required by 40 CFR 93.109(n)(2)(iii); and (X) Convening air quality technical review meetings on specific projects when requested by other agencies or as needed;

E. The FHWA and the FTA will be responsible for— (I) Ensuring timely action on final determinations of conformity after receiving a final conformity determination after consultation with other agencies as provided in this

rule and 40 CFR 93.105;

(II) Providing guidance on conformity and the transportation planning process to participating agencies in interagency consultation; and (III) Reviewing and commenting on F. The EPA will be responsible for— (I) Reviewing motor vehicle emissions budgets in submitted SIPs and finding them adequate or inadequate based on adequacy criteria and procedures;

(II) Providing guidance on conformity criteria and procedures to agencies in interagency consultation;

(III) Approving or disapproving submitted SIP revisions (including TCMs);

(IV) Providing modeling and emissions inventory development assistance to the state air agencies, the state transportation agencies, and the MPO; and (V) Providing comments on the regional emissions analyses and conformity determination of transportation plans, TIPs, and projects.

3. Conformity determinations.

A. All conformity determinations will be initiated by the sponsor of the transportation plan, program, or project subject to the conformity rule.

(I) The MPO will be responsible for initiating conformity determinations for plans, programs, or projects within the specific MPO boundary.

(II) The state transportation agencies will be responsible for initiating conformity determination for plans, programs, or projects external to an MPO boundary including isolated rural nonattainment and maintenance areas as required by 40 CFR 93.109(n)(2)(iii).

(III) The MPO and state transportation agencies will employ interagency consultation procedures to ensure compatibility of conformity determinations for the same or overlapping nonattainment or maintenance area(s).

B. It will be the responsibility of the MPO and the state transportation agencies to submit any conformity determinations to the FHWA and the FTA in consultation with the EPA, state air agencies, and local transportation agencies for review and approval before the plan, program, or project subject to the conformity rule may be found to conform or project found to be exempt.

C. All conformity determinations with all supporting documentation and data will be made available for review and comment in a readily-accessible manner to the state air agencies and local air agencies, and the FHWA and FTA in consultation with the EPA no less than thirty (30) days prior to presentation to a policy-making body (electronic copy acceptable). Shorter review periods may be allowed occasionally in emergency situations with participant concurrence.

D. It is the responsibility of the MPO to make all conformity determinations available to the general public by following public participation procedures.

E. Conformity determinations, at a minimum, should include written documentation for:

(I) All the input run streams for the latest mobile emissions model and latest planning assumptions on the date that the conformity analysis began (with the beginning date and the criteria used to identify this date specified) and attestation that the latest mobile emissions model is being used;

(II) Transportation-related information and assumptions used for input into the mobile model, such as vehicle miles traveled, vehicle speeds, and vehicle mix, along with a brief description of the source of this information, including documentation of any transportation-related models used; and (III) A description of the project, plan, or program that is the subject of the conformity or exemption status determination(s).

F. State air agencies and/or local air agencies, where applicable, will review and provide written comment on final conformity determinations within fourteen (14) days of the date received. This process will consist of— (I) Review of mobile emissions model inputs and outputs;

(II) Verification that the latest mobile emissions model and planning assumptions are being used;

(III) Review of the reasonableness of transportation-related data; and (IV) Ensuring consistency with the emissions budget and/or the interim emission tests, as applicable.

G. It will be the responsibility of the MPO, or the state transportation agencies where applicable, making a conformity determination, to provide the state air agencies and the applicable local air agencies, the FHWA, the FTA, and the EPA with documentation of the conformity determination.

H. It will be the responsibility of the state air agencies to provide the affected MPO, the FHWA, the FTA, the EPA, the local air agencies, and the state transportation agencies with appropriate information regarding any SIP changes that could impact the conformity process.

I. It will be the responsibility of the EPA to provide the state air agencies, the local air agencies, the FHWA, the FTA, the state transportation agencies, and the MPO information regarding changes to the conformity rule that could impact conformity determinations.

J. Emissions reduction credit from control measures that are not included in the transportation plan and TIP and that do not require a regulatory action in order to be implemented may not be included in the emissions analysis unless written commitments to implementation are obtained by the MPO (or the state transportation agencies where applicable) prior to the conformity determination and such commitments must be fulfilled by the implementing entities. This

rule satisfies the requirement of 40 CFR 93.122(a)(4)(ii).

K. Written commitments to mitigation measures for project-level mitigation and control measures must be provided by the project sponsors to the FHWA (or the FTA for transit-related projects) prior to a positive project-level conformity determination and the project sponsors must comply with such commitments. This rule satisfies the requirement of 40 CFR 93.125(c).

L. In order to assure the most recent planning assumptions are in place at the time the conformity analysis begins, the “time the conformity analysis begins” is to be determined by interagency consultation and documented. This point in time should occur at the point at which the MPO begins to model the impact of the transportation plan or TIP on travel and/or emissions. New data that becomes available after an analysis begins is required to be used in the conformity determination only if a significant delay in the analysis has occurred as determined through interagency consultation and documented in writing and included in publicly available documentation of conformity analysis.

M. Consultation will be undertaken and conducted in accordance with this rule to evaluate events which will trigger new conformity determinations in addition to those triggering events established in 40 CFR 93.104, including any changes in planning assumptions that may trigger a new conformity determination. The consultation process pursuant to this rule will be initiated by the FHWA, the EPA, the state air agencies, state transportation agencies, or the MPO.

4. Implementation plans.

A. Any proposed revisions to the SIP, which may have a direct or indirect effect upon the motor vehicle emissions budget for an area subject to conformity, will be made available to the MPO specified in this rule, as well as state transportation agencies, the FHWA, the FTA, and the EPA in written or electronic form for their review and comment at least thirty (30) days before presentation to the respective state air commissions.

B. The state air agencies will also provide the public a period from the date of announcement to comment on any proposed SIP revisions which may have a direct or indirect effect upon the motor vehicle emissions budget for an area subject to conformity as defined in subparagraph A. of this paragraph.

C. Any proposed revisions to the SIP will include documentation on methods of analysis, models employed, and purpose of the revision.

5. Other processes.

A. The state air agencies will be responsible for the process whereby the MPO, the local air agencies, the state transportation agencies, the FHWA, the FTA, and the EPA will study and develop supplementary consultation procedures to identify, evaluate, and address, as needed, specific issues.

In the absence of supplementary consultation procedures, the state air agencies will include the following items for discussion during interagency consultation meetings in advance of a conformity determination:

(I) Hot-spot analysis methods, models, and assumptions;

(II) Determination of regionallysignificant projects and projects considered to have a significant change in design concept and scope;

(III) Evaluating when exempt projects should be treated as non-exempt;

(IV) Timely implementation of TCMs and processing of TCM substitutions;

(V) Identifying conformity determination triggers other than those established in 40 CFR 93.104; and (VI) Methods, models, and assumptions for regional emissions analysis.

B. These supplementary procedures in subparagraph A. of this paragraph may be specific for the metropolitan area or each nonattainment or maintenance area subject to the conformity rule.

C. The state air agencies will conduct meetings to discuss any supplementary consultation procedure as needed.

D. Final document distribution for conformity determinations associated with plans, TIPs, and STIPs (occasionally, alternate schedules may be used with concurrence by participants)— (I) The final air quality conformity determination, necessary supporting documentation, and the plan and TIP will be submitted to the FHWA Division Office, the FTA Regional Office, the EPA Regional Office, the state transportation agencies, state air agencies, and any applicable local air agencies. The EPA will respond in writing to the FTA Regional Office and the FHWA Division Office as soon as possible, but not later than thirty (30) days after EPA receives a formal request from FHWA and FTA with all the relevant documentation including the final conformity determination with supporting documentation and data;

(II) Comments will be resolved by the FHWA and the FTA, in concert with the EPA, the MPO, or the state transportation agencies, in their respective areas, as necessary;

(III) The FHWA and the FTA will jointly prepare correspondence to make the conformity finding. Joint conformity findings will be addressed to the MPO with a copy to the state transportation agencies, the EPA, the state air agencies, and any applicable local air agencies. The findings of the FHWA and the FTA together constitute the U.S. Department of Transportation (DOT) conformity findings;

(IV) In the event that the MPO or the state transportation agencies, in their respective areas, wishes to amend the TIP to add projects that are exempt from the conformity analysis requirement, the FHWA or the FTA, or both if necessary, will concur in the amendment and reaffirm the original DOT conformity finding by letter. This reaffirmation letter will reference the date(s) of the original FHWA and FTA findings. In cases where the amendment involves projects that are not exempt, a new conformity analysis and determination will be required, and will, in turn, require a new DOT conformity finding; and (V) Within fifteen (15) days subsequent to approval of final documents including transportation plans, TIPs, conformity determinations, applicable implementation plans, and implementation plan revisions, the lead agency will provide copies (electronic copies acceptable) of such documents and supporting information to all affected agencies.

E. Generalized hot-spot determination process. Interagency consultation will be undertaken to evaluate and choose a model(s), associated methods, and planning assumptions to be used in hot-spot analyses.

The generalized hot-spot determination process (occasionally, alternate schedules may be used with concurrence by participants) entails— (I) The project sponsor (or the state transportation agencies or the MPO) will seek consensus if the project is believed to be exempt from hot-spot analysis. This can be accomplished through electronic transmittal, providing for a minimum of fourteen (14) days for review. If requested, an additional fourteen (14) days will be provided for review, as well as any additional information needed to make the determination;

(II) If the project is not exempt, the project sponsor (or the state transportation agencies or the MPO) will collect and organize and distribute specific data needed to determine whether nonexempt projects are or are not of air quality concern. This can be accomplished through electronic transmittal, providing for a minimum of fourteen (14) days for review. If requested, an additional fourteen (14) days will be provided for review, as well as any additional information needed to make the determination; and (III) If it is determined the project is a project of air quality concern, the project sponsor (or the state transportation agencies or the MPO) will then engage and begin a consultation process to evaluate and choose a model (or models) and associated methods and assumptions to be used in hot-spot analysis. The project sponsor (or the state transportation agencies or the MPO) will make a PM hot-spot determination (i.e., projectlevel conformity determination) and request that other stakeholder agencies comment on the conclusions through formal interagency consultation as provided in this rule.

F. Regionally-significant projects. For purposes of regional emissions analysis, the MPO will actively consult with the affected agencies to determine which minor arterials and other transportation projects should be considered “regionally-significant” projects (in addition to those functionally classified as principal arterial or higher or fixed guideway systems or extensions that offer an alternative to regional highway travel) and which projects should be considered to have a significant change in design concept and scope from the transportation plan or TIP. Prior to initiating any final action on these issues, the MPO (or the state transportation agencies, if applicable) will consider the views of each agency that comments and respond in writ- G. Transportation control measures (TCMs).

(I) For each plan or TIP update, the agencies specified in subparagraphs (3)(A)2.A., B., C., and D. to participate in consultation will review whether past obstacles to implementation of TCMs which are behind the schedule established in the applicable implementation plan are being overcome and whether state and local agencies with influence over approval or funding for TCMs are giving maximum priority to approval or funding for TCMs. If necessary, consideration will be given as to whether delays in TCM implementation necessitate revisions to the applicable implementation plan to remove TCMs or substitute TCMs or other emission reduction measures.

(II) Where TCMs are to be included in an applicable implementation plan, a list of TCMs will be developed by the MPO or the state transportation agencies, or both.

H. Exempt projects which may be nonexempt. The MPO (or state transportation agencies where applicable) will commence consultation regarding potentially exempt projects to (occasionally, alternate schedules may be used with concurrence by participants)— (I) Identify exempt projects as defined by 40 CFR 93.126 Table 2 and 40 CFR 93.127 Table 3;

(II) Identify exempt projects and categories of exempt projects which should be treated as nonexempt because they may have adverse air quality impacts and determine appropriate air quality analysis methodologies for analyzing such projects;

(III) Identify transportation plan, TIP, and STIP revisions which add or delete exempt projects, as defined in 40 CFR 93.126 Table 2 and 40 CFR 93.127 Table 3;

(IV) The MPO (or the state transportation agencies where applicable) will seek consensus from the consultation participants if the project is believed to be exempt.

This can be accomplished through electronic transmittal, providing for a minimum of fourteen (14) days for review. If requested, an additional fourteen (14) days will be provided for review, as well as any additional information needed to make the determination.

I. Project disclosure— (I) The sponsor of any potentially regionally-significant project, and any agency that is responsible for taking action(s) on any such project, will disclose such project to the state transportation agencies and the MPO in a timely manner. Such disclosure will be made not later than the first occasion on which any of the following actions is sought: any policy board action necessary for the project to proceed; the issuance of administrative permits for the facility or for construction of the facility; the execution of a contract to design or construct the facility; the execution of any indebtedness for the facility; any final action of a board, commission, or administrator authorizing or directing employees to proceed with design, permitting, or construction of the project; the execution of any contract to design or construct; or any approval needed for any facility that is dependent on the completion of the regionally-significant project. To help assure timely disclosure, the sponsor of any potentially regionally-significant project will disclose to the state transportation agencies and the MPO on a schedule prescribed by the state transportation agencies and the MPO, but no less than annually, each project for which alternatives have been identified through the National Environmental Policy Act (NEPA) process and any preferred alternative that may be a regionally-significant project. The consultation process will include assuming the loca tion, design concept, and scope of the project, where the sponsor has not yet decided these features, in sufficient detail to allow the MPO (or the state transportation agencies) to perform a regional emissions analysis. This consultation process pursuant to this

rule will be initiated by the state transportation agencies and the MPO; and (II) In the case of any such regionally-significant project that has not been disclosed to the MPO and the other interested agencies participating in the consultation process in a timely manner, such regionally-significant project will not be considered to be included in the regional emissions analysis supporting the current conformity determination and not to be consistent with the motor vehicle emissions budget in the applicable implementation plan or interim budget.

J. Transportation model development.

An interagency consultation process in accordance with the interagency consultation procedures outlined in this rule will be undertaken for the design, schedule, and funding of research and data collection efforts related to regional transportation model development (such as household travel transportation surveys), to be initiated by MPO.

K. Responding to significant comments. If the written response to a significant comment does not adequately address the commenting agency’s concerns, further consultation is to be conducted. If a regularlyscheduled meeting is to be held within a reasonable time frame of the receipt of the significant comment, it should be made a part of that meeting’s agenda and information on the issue will be forwarded to all involved agencies. If necessary, discussion and resolution of the significant comment will be considered a reason to convene a special meeting with the commenting agency as the requester and the agenda consisting of the significant com- 6. Resolving conflicts. Any conflict among state agencies or between state agencies and the MPO will be escalated to the governor if the conflict cannot be resolved by the heads of the involved agencies. All agen cies involved will make every effort to resolve any differences, including personal meetings between the heads of such agencies or their policy-level representatives, to the extent possible. The appeal process described herein will apply only to the MPO (or the state transportation agencies) approved conformity determinations on the transportation plan, TIP, or projects (including project-level determinations), including any documents directly related to determinations of conformity and conflicts between state agencies or between one (1) or more state agencies and the MPO. Conflicts regarding SIPs should be appealed to the respective state air commissions.

A. In the event that the MPO or the state transportation agencies determine that every effort has been made to address the state air agencies’ concerns and no further progress is possible, the MPO or the state transportation agencies will notify the directors of the respective state air agencies in writing to this effect. The memorandum will delineate each unresolved issue to be appealed and will include, at a minimum:

(I) The legal basis of the issue/conflict and steps taken to resolve the conflict;

(II) Relevant reference material needed to facilitate review and mediation of the conflict, including all relevant portions of state and federal law and regulations, conformity requirements, and any other relevant documents;

(III) A description of all reasonable alternatives and supporting data and justification for each alternative. Quantify and document the need for the recommended alternative consistent with the Clean Air Act of 1990 et seq. and the applicable state and federal laws and regulations; and (IV) An explanation of the consequences of not reaching a resolution.

B. If conflicts concerning conformity determinations cannot be resolved by the interagency consultation procedures, then the state air agencies will notify the agency or agencies involved in the conflict of its intent to escalate the conflict resolution to the office of the governor within fourteen (14) calendar days.

C. The fourteen (14)-calendar-day window will commence— (I) On the date that the directors of the state air agencies and the head of the agency or agencies involved in the conflict officially agree that the conflict cannot be resolved; or (II) One (1) or more agencies other than the state air agencies request the start of the fourteen (14)-day clock on a specified date, after notifying all other agencies involved of their intent, and the state air agencies agree.

D. If the state air agencies do not contact the office of the governor within the fourteen (14)-calendar-day window, then the issue in conflict is considered to be resolved in favor of the agency in conflict with the state air agencies.

E. The governor may delegate his or her role but not to the head or staff of the state air agencies, the state transportation agencies, a state transportation commission or board, or an MPO.

F. The state air agencies will notify involved parties of the final decision by the office of the governor.

7. Public participation.

A. Each agency subject to conformity will provide the general public a window of opportunity no less than thirty (30) days to review and comment on new conformity determinations before formal action (approval or endorsement by an executive committee of the MPO for submission to the FHWA and the FTA for their finding) is taken on all transportation plans, TIPs, and STIPs, consistent with these requirements and those of 23 CFR 450.316(a). A comment period of no less than fourteen (14) days will be made available to the public on amendments to conformity determinations and associated documents. The state and local air agencies will offer the public the same opportunity to comment before final action on SIPs which may have a direct or indirect effect upon the motor vehicle emissions budget for an area subject to conformity. The notification process will include, at a minimum, public notices and submittals to public depositories. In addition, all public comments that specifically address known plans for a regionally-significant project which is not receiving FHWA or FTA funding or approval and has not been properly reflected in the emissions analysis supporting a proposed conformity determination for a transportation plan or TIP, must be responded to in writing within thirty (30) days of the end of the comment period.

B. The public participation procedure defined in subparagraph A. of this paragraph will not be construed as superseding public involvement procedures already in effect for agencies subject to the conformity consultation process, such as the MPO’s citizen involvement process, the Missouri Sunshine Law (Chapter 610, RSMo), or any other established process which already meets or exceeds the requirements of subparagraph (3)(B)7.A. of this rule. In addition, this subparagraph does not apply to project-level conformity determinations subject to NEPA where a NEPA public participation process exists.

C. The public or any interested party may also inspect any of the documents related to the conformity process upon request. Any charges imposed on the public for inspection or copying documents related to the conformity process will be consistent with (or no greater than) the fee schedule contained in 49 CFR 7.43.

(4) Reporting and Record Keeping. (Not Applicable)

(5) Test Methods. (Not Applicable)

Original rule filed Oct. 4, 1994, effective May 28, 1995. Amended: Filed May 1, 1996, effective Dec. 30, 1996. Amended: Filed June 15, 1998, effective Jan. 30, 1999. Amended:

Filed Feb. 14, 2003, effective Sept. 30, 2003.

Amended: Filed April 1, 2005, effec tive Dec. 30, 2005. Amended: Filed Oct. 24, 2006, effective July 30, 2007. Amended: Filed July 1, 2010, effective Feb. 28, 2011. 1972, transferred from 203.050 in 1986, 1992, 1993, 1995.

##### **10 CSR 10-5.490** Municipal Solid Waste Landfills {#sec-10-csr-10-5.490 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.490}

PURPOSE: The rule is part of a Clean Air Act Section 111(d) State Plan. The rule allows Missouri to take delegation and enforcement authority of the federal requirements for affected facilities in Missouri. The requirements in this rule are identical to the federal requirements except that this rule implements a smaller landfill size limit and a lower emission cutoff limit that triggers requirements for gas collection and control systems when compared to the federal requirements, consistent with the 15 Percent Rate of Progress Plan under the 1979 one- (1-) hour ozone standard. This rule requires owners or operators of municipal solid waste landfills to report their landfill’s design capacity and non-methane organic compound (NMOC) emissions. Landfills having design capacities and NMOC emission rates above the regulatory cutoff must design, install, and operate a gas collection and control system. has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material.

The entire text of the rule is printed here.

(1) Applicability.

(A) This rule applies to all municipal solid waste (MSW) landfills located throughout St.

Louis City and Franklin, Jefferson, St.

Charles, and St. Louis Counties that have accepted waste any time since November 8, 1987, or have additional capacity available for future waste deposition, and that commenced construction, reconstruction, or modification on or before July 17, 2014.

Landfills that commenced construction, reconstruction, or modification after July 17, 2014, are subject to the requirements of the Environmental Protection Agency’s New Source Performance Standard for Municipal Solid Waste Landfills 40 CFR 60, Subpart XXX.

(B) Physical or operational changes made to an existing MSW landfill solely to comply with this rule are not considered construction, reconstruction, or modification and do not subject an existing MSW landfill to the requirements of 40 CFR 60, Subpart XXX.

(2) Definitions. The provisions of 40 CFR 62.16730, promulgated as of July 1, 2021, including the revision published at 87 FR 8203 (effective February 14, 2022), are hereby incorporated by reference in this rule, as published by the U.S. Government amendments or additions. The definitions of 40 CFR 62.16730 apply, except that anywhere two and one half (2.5) million megagrams (Mg) and two and one half (2.5) million cubic meters (m ) appears in 40 CFR 62.16730, it shall be replaced with one (1.0) million Mg and one (1.0) million m for the (3) General Provisions. The provisions of 40 CFR 62.16711(e) and (f), 40 CFR 62.16712 through 62.16716, 40 CFR 62.16720 through 62.16722, 40 CFR 62.16728, and Table 1 in

Subpart OOO of Part 62, promulgated as of July 1, 2021, including the revision published at 87 FR 8203 (effective February 14, 2022), are hereby incorporated by reference in this

rule, as published by the U.S. Government amendments or additions. Owners and operators of MSW landfills subject to this rule must comply with the following:

(A) Title V operating permit requirements—40 CFR 62.16711(e);

(B) Exemptions for Part 70 operating permit requirements for closed landfills—40 CFR 62.16711(f);

(C) Compliance schedule and increments of progress—40 CFR 62.16712 and Table 1 in Subpart OOO of Part 62 applies, except that for the purposes of this rule— 1. One (1.0) million Mg and one (1.0) as it appears in 40 CFR 62.16712;

2. Twenty-five (25) Mg shall replace appears in 40 CFR 62.16712 and Table 1 to

Subpart OOO of Part 62;

(D) Standards for municipal solid waste landfill emissions—40 CFR 62.16714 applies, except that for the purposes of this

rule— 1. One (1.0) million Mg and one (1.0) as it appears in 40 CFR 62.16714;

2. Twenty-five (25) Mg shall replace appears in 40 CFR 62.16714;

(E) Operational standards for collection and control systems—40 CFR 62.16716;

(F) Compliance provisions—40 CFR 62.16720;

(G) Monitoring of operations—40 CFR 62.16722; and (H) Specifications for active collection systems—40 CFR 62.16728.

(4) Reporting and Record Keeping. The provisions of 40 CFR 62.16711(g) and (h), and 40 CFR 62.16724 through 62.16726, promulgated as of July 1, 2021, are hereby incorporated by reference in this rule, as published by the U.S. Government Publishing Office available at https://bookstore.gpo.gov/ or for mail orders, print and fill out an order form online and mail to: U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This rule does not incorporate Owners and operators of MSW landfills subject to this rule must comply with the follow- (A) Reporting guidelines—40 CFR 62.16724 applies, except that for the purposes of this rule— 1. One (1.0) million Mg and one (1.0) as it appears in 40 CFR 62.16724;

2. Twenty-five (25) Mg shall replace appears in 40 CFR 62.16724;

(B) Reporting Exemptions— 1. Exemptions for reporting requirements for closed landfills—40 CFR 62.16711(g) applies, except that for the purposes of this rule, twenty-five (25) Mg shall replace fifty (50) Mg as it appears in 40 CFR 62.16711(g); and 2. Exemptions for reporting requirements for legacy controlled landfills—40 CFR 62.16711(h); and (C) Recordkeeping guidelines—40 CFR 62.16726 applies, except that for the purposes of this rule, one (1.0) million Mg and one (1.0) million m shall replace two and one half (2.5) million Mg and two and one half (2.5) million m as it appears in 40 CFR 62.16726.

(5) Test Methods. The provisions of 40 CFR 62.16718, promulgated as of July 1, 2021, are hereby incorporated by reference in this

rule, as published by the U.S. Government amendments or additions. The provisions of 40 CFR 62.16718 apply, except that for the purposes of this rule, twenty-five (25) Mg shall replace thirty-four (34) Mg as it appears in 40 CFR 62.16718.

Original rule filed May 15, 1996, effective Dec. 30, 1996. Amended: Filed Oct. 7, 1999, effective July 30, 2000. Amended: Filed Sept. 26, 2011, effective May 30, 2012. Amended:

Filed Oct. 29, 2021, effective July 30, 2022. 1972, transferred from 203.050 in 1986, 1992, 1993, 1995, 2011.

##### **10 CSR 10-5.500** Control of Emissions From Volatile Organic Liquid Storage installations with volatile organic liquid storage vessels in the St. Louis 1997 eight (8)hour ozone nonattainment area by incorporating reasonably available control technology (RACT) as required by the Clean Air Act Amendments (CAAA) of 1990. entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this {#sec-10-csr-10-5.500 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.500}

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no This note applies only to the reference material. The entire text of the rule is printed here.

(1) Applicability.

(A) This rule applies throughout the City (B) This rule applies to all storage vessels with a capacity greater than or equal to forty thousand (40,000) gallons that are used to store volatile organic liquid (VOL) with the following exceptions:

1. Except as specified in subsections (4)(E) and (4)(H) of this rule, storage vessels with a capacity greater than or equal to forty thousand (40,000) gallons storing a liquid with a maximum true vapor pressure less than one-half (0.5) psia are exempt from the provisions of this rule; and 2. Except as specified in subsections (4)(E) and (4)(H) of this rule, storage vessels with a design capacity less than forty thousand (40,000) gallons are exempt from the provisions of this rule.

(C) This rule does not apply to the follow- 1. Vessels permanently attached to mobile vehicles such as trucks, railcars, barges, or ships;

2. Vessels used to store beverage alcohol;

3. Pressure vessels designed to operate in excess of twenty-nine and four-tenths (29.4) psia and without emissions to the atmosphere;

4. Vessels at coke oven by-product plants;

5. Vessels used only to store or transfer petroleum liquids and that are subject to the requirements of 10 CSR 10-5.220; and 6. Vessels used to store volatile organic liquids that are subject to or exempt from the requirements of 40 CFR 60, 61, or 63.

(2) Definitions.

(A) Beverage alcohol—Consumable products and their process intermediates and byproducts, consisting of ethanol or mixtures of ethanol and non-volatile organic liquids.

(B) Closed vent system—A system that is not open to the atmosphere and is composed of piping, ductwork, connections, and, if necessary, flow inducing devices that transport gas or vapor from an emission point to a control device.

(C) Condensate—Hydrocarbon liquid separated from natural gas that condenses due to changes in the temperature or pressure, or both, and remains liquid at standard condi- (D) Control device—An enclosed combustion device, vapor recovery system, or flare.

(E) Control equipment—Any equipment that reduces the quantity of a pollutant that is (F) Department—The Missouri Department of Natural Resources, which includes the director thereof, or the person or division or program within the department delegated the

(G) Director—Director of the Missouri Department of Natural Resources or a representative designated to carry out the duties as described in 643.060, RSMo.

(H) External floating roof—A storage vessel cover in an open top tank consisting of a double deck or pontoon single deck which rests upon and is supported by petroleum liquid being contained and is equipped with a closure seal(s) to close the space between the roof edge and tank wall.

(I) Facility—All contiguous or adjoining property that is under common ownership or control, including properties that are separated only by a road or other public right-of-way.

(J) Federally enforceable—All limitations and conditions which are enforceable by the administrator, including those requirements developed pursuant to 40 CFR 55, 60, 61, and 63; requirements within any applicable state implementation plan; requirements in operating permits issued pursuant to 40 CFR 70 or 71, unless specifically designated as nonfederally enforceable; and any permit requirements established pursuant to 40 CFR 52.10, 52.21, or 55, or under regulations approved pursuant to 40 CFR 51, subpart I, including operating permits issued under a U.S. Environmental Protection Agencyapproved program that is incorporated into the state implementation plan and expressly requires adherence to any permit issued under such program.

(K) Fill—The introduction of VOL into a storage vessel but not necessarily to complete capacity.

(L) Internal floating roof—A product cover in a fixed roof tank which rests upon or is floated upon the volatile organic compound liquid being contained and which is equipped with a sliding seal(s) to close the space between the edge of the covers and tank shell.

(M) Liquid-mounted seal—A foam- or liquid-filled seal mounted in contact with the liquid between the wall of the storage vessel and the floating roof continuously around the circumference of the tank.

(N) Maximum true vapor pressure—The equilibrium partial pressure exerted by the volatile organic compounds in the stored volatile organic liquid (VOL) at the temperature equal to the highest calendar-month average of the VOL storage temperature for VOLs stored above or below the ambient temperature or at the local maximum monthly average temperature as reported by the National Weather Service for VOLs stored at the ambient temperature, as determined— 1. In accordance with methods described in American Petroleum Institute Bulletin 2517, Evaporation Loss From External Floating Roof Tanks (incorporated by reference in section (5));

2. As obtained from standard reference texts;

3. As determined by ASTM D2879-83, 96, or 97 (incorporated by reference in section (5)); or 4. Any other method approved by the director.

(O) Mechanical shoe seal—A metal sheet held vertically against the wall of the storage vessel by springs or weighted levers and is connected by braces to the floating roof. A flexible coated fabric (envelope) spans the annular space between the metal sheet and the floating roof.

(P) Petroleum—The crude oil removed from the earth and the oils derived from tar sands, shale, and coal.

(Q) Petroleum liquids—Petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery.

(R) Petroleum refinery—Any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of petroleum or through redistillation, cracking, extracting, or reforming of unfinished petroleum derivatives.

(S) Reid vapor pressure—The absolute vapor pressure of volatile crude oil and volatile nonviscous petroleum liquids except liquified petroleum gases, as determined by ASTM D323-82 or 94 (incorporated by reference in section (5)).

(T) Rim seal—A device attached to the rim of a floating roof deck that spans the annular space between the deck and the wall of the storage vessel. When a floating roof has only one (1) such device, it is a primary seal; when there are two (2) seals (one (1) mounted above the other), the lower seal is the primary seal and the upper seal is the secondary seal.

(U) Standard conditions—A gas temperature of seventy degrees Fahrenheit (70 °F) and a gas pressure of fourteen and seven-tenths (14.7) pounds per square inch absolute (psia).

(V) Storage vessel—Any tank, reservoir, or container used for the storage of volatile organic liquids, but does not include:

1. Frames, housing, auxiliary supports, or other components that are not directly involved in the containment of liquids or vapors; or 2. Subsurface caverns or porous rock reservoirs.

(W) Vapor-mounted seal—A rim seal designed not to be in contact with the stored liquid. Vapor-mounted seals may include, but are not limited to, resilient seals and flexible wiper seals.

(X) Vapor Recovery system—An individual unit or series of material recovery units, such as absorbers, condensers, and carbon adsorbers, used for recovering volatile organic compounds.

(Y) Volatile organic compound (VOC)— See definition in 10 CSR 10-6.020.

(Z) Volatile organic liquid (VOL)—Any substance which is a liquid at storage conditions containing one (1) or more volatile organic compounds.

(3) General Provisions.

(A) Every owner or operator storing VOL in a vessel of forty thousand (40,000) gallons or greater with a maximum true vapor pressure greater than or equal to one-half (0.5) psia but less than three-quarters (0.75) psia shall be subject to the record keeping requirements in subsection (4)(F) of this rule and the monitoring requirements in subsection (4)(G) of this rule. Furthermore, every owner or operator storing VOL in a vessel of forty thousand (40,000) gallons or greater with a maximum true vapor pressure equal to threequarters (0.75) psia but less than eleven and one-tenth (11.1) psia shall reduce VOC emissions from storage vessels as follows:

1. Equip each fixed roof storage vessel with a vapor control system that meets the specifications contained in paragraph (3)(A)3. of this rule or an internal floating roof that meets the following specifications:

A. The internal floating roof shall rest or float on the liquid surface but not necessarily in complete contact with it inside a storage vessel that has a fixed roof. The internal floating roof shall be floating on the liquid surface at all times, except during initial fill and during those intervals when the storage vessel is completely emptied and subsequently refilled. When the roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and accomplished as rapidly as possible;

B. Each internal floating roof shall be equipped with one (1) of the following closure devices between the wall of the storage vessel and the edge of the internal floating roof:

(I) A liquid-mounted seal;

(II) Two (2) seals mounted one (1) above the other so that each forms a continuous closure that completely covers the space between the wall of the storage vessel and the edge of the internal floating roof. The lower seal may be vapor-mounted, but both must be continuous; or (III) A mechanical shoe seal;

C. Each opening in a non-contact internal floating roof except for automatic bleeder vents such as vacuum breaker vents and the rim space vents shall provide a projection below the liquid surface;

D. Each opening in the internal floating roof except for leg sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells, sample wells, and stub drains shall be equipped with a cover or lid which is to be maintained in a closed position at all times with no visible gap except when the device is in actual use. The cover or lid shall be equipped with a gasket. Covers on each access hatch and automatic gauge float well shall be bolted except when they are in use;

E. Automatic bleeder vents shall be equipped with a gasket and remain closed at all times when the roof is floating except when the roof is being floated off or is being landed on the roof leg supports;

F. Rim space vents shall be equipped with a gasket and set to open only when the internal floating roof is not floating or at the manufacturer’s recommended setting;

G. Each penetration of the internal floating roof for the purpose of sampling a sample well with a slit fabric cover that covers at least ninety percent (90%) of the opening;

H. Each penetration of the internal floating roof that allows for passage of a ladder shall have a gasketed sliding cover;

2. Each external floating roof storage vessel shall meet the following specifications:

A. Each external floating roof shall be equipped with a closure device between the wall of the storage vessel and the roof edge.

The closure device shall consist of two (2) seals, one (1) above the other. The lower seal is referred to as the primary seal, and the upper seal is referred to as the secondary seal.

(I) Except as provided in subparagraph (3)(C)2.D. of this rule, the primary seal shall completely cover the annular space between the edge of the floating roof and storage vessel wall and shall be either a liquid-mounted seal or a mechanical shoe seal.

(II) The secondary seal shall completely cover the annular space between the external floating roof and the wall of the storage vessel in a continuous fashion except as allowed in subparagraph (3)(C)2.D. of this B. Except for automatic bleeder vents and rim space vents, each opening in a noncontact external floating roof shall provide a projection below the liquid surface. Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roof shall be equipped with a gasketed cover, seal, or lid that is to be maintained in a closed position at all times with no visible gap except when the device is in actual use.

Automatic bleeder vents shall be closed at all times when the roof is floating except when the roof is being floated off or is being landed on the roof leg supports. Rim vents shall be set open when the roof is being floated off the roof leg supports or at the manufacturer’s recommended setting. Automatic bleeder vents and rim space vents shall be gasketed.

Each emergency roof drain shall include a slotted membrane fabric cover that covers at least ninety percent (90%) of the area of the opening; and C. The roof shall be floating off the roof leg supports on the liquid at all times except when the storage vessel is completely emptied and subsequently refilled. The process of filling, emptying, or refilling when the roof is resting on the leg supports shall be continuous and accomplished as rapidly as possible;

3. Closed vent systems and control devices respectively shall meet the following specifications:

A. The closed vent system shall be designed to collect all VOC vapors and gases discharged from the storage vessel and operated with no detectable emissions as indicated by an instrument reading of less than five hundred parts per million (500 ppm) above background and visual inspections, as determined by the methods in 40 CFR 60.485(c), as specified in 10 CSR 10-6.070(3)(A)1.; and B. The control device shall be designed and operated to reduce inlet VOC emissions by ninety percent (90%) or greater.

If a flare is used as the control device, it shall meet the specifications described in the general control device requirements of 40 CFR 60.18, as specified in 10 CSR 10- 6.070(3)(A)1.; or 4. An alternative emission control plan equivalent to the requirements of paragraphs (3)(A)1., (3)(A)2., or (3)(A)3. of this rule that has been approved by the department and the United States Environmental Protection Agency in a federally enforceable permit.

(B) The owner or operator of each storage vessel with a design capacity equal to or greater than forty thousand (40,000) gallons which contains VOL that, as stored, has a maximum true vapor pressure greater than or equal to eleven and one-tenth (11.1) psia shall equip each storage vessel with a closed vent system and control device as specified in paragraph (3)(A)3. of this rule.

(C) Testing Requirements. The owner or operator of each storage vessel specified in

section (1) of this rule shall comply with the requirements of paragraph (3)(C)1., (3)(C)2., or (3)(C)3. of this rule. The applicable requirements for a particular storage vessel depends on the control equipment installed to meet the requirements of this rule.

1. After installing the control equipment necessary to comply with paragraph (3)(A)1. of this rule for permanently affixed roofs and internal floating roofs, each owner or operator shall— A. Visually inspect the internal floating roof, the primary seal, and the secondary seal (if one (1) is in service) prior to filling the storage vessel with VOL. If there are holes, tears, or other openings in the primary seal, the secondary seal, or the seal fabric or defects in the internal floating roof, or both, repair the items before filling the storage vessel;

B. For storage vessels equipped with a liquid-mounted or mechanical shoe primary seal, visually inspect the internal floating roof and the primary seal or the secondary seal (if one (1) is in service) through manholes and roof hatches on the fixed roof at least once every twelve (12) months after initial fill. If the internal floating roof is not resting on the surface of the VOL inside the storage vessel, or if there is liquid accumulated on the roof, or if the seal is detached, or if there are holes or tears in the seal fabric, repair the items or empty and remove the storage vessel from service within forty-five (45) days. If a failure that is detected during inspections required in this rule subsection cannot be repaired within forty-five (45) days and if the storage vessel cannot be emptied within forty-five (45) days, the owner or operator may request a thirty (30)-day extension from the department in the inspection report described in paragraph (4)(A)2. of this

rule. Such a request for an extension must document that alternate storage capacity is unavailable and specify a schedule of actions the owner or operator will take that will assure that the control equipment will be repaired or the storage vessel will be emptied within thirty (30) days;

C. For storage vessels equipped with both primary and secondary seals— (I) Visually inspect the storage vessel as specified in subparagraph (3)(C)1.D. of this rule at least every five (5) years; or (II) Visually inspect the storage vessel as specified in subparagraph (3)(C)1.B. of this rule;

D. Visually inspect the internal floating roof, primary seal, secondary seal (if one (1) is in service), gaskets, slotted membranes, and sleeve seals (if any) each time the storage vessel is emptied and degassed. If the internal floating roof has defects, the primary seal has holes, tears, or other openings in the seal, or if the seal fabric or the secondary seal has holes, tears, or other openings in the seal, or if the seal fabric or the gaskets no longer close off the liquid surfaces from the atmosphere, or if the slotted membrane has more than ten percent (10%) open area, repair the items as necessary so that none of the conditions specified in this rule subsection exist before refilling the storage vessel with VOL. In no event shall inspections conducted in accordance with this provision occur at intervals greater than ten (10) years in the case of storage vessels subject to the annual visual inspection as specified in subparagraph (3)(C)1.B. and part (3)(C)1.C.(II) of this rule and at intervals no greater than five (5) years in the case of storage vessels specified in part (3)(C)1.C.(I) of this rule;

E. Notify the department in writing at least thirty (30) days prior to the filling or refilling of each storage vessel for which an inspection is conducted in accordance with subparagraphs (3)(C)1.A. and (3)(C)1.D. of this rule to afford the department the opportunity to have an observer present. If the inspection under subparagraph (3)(C)1.D. of this rule is not planned and the owner or operator could not have known about the inspection thirty (30) days in advance of refilling the storage vessel, notify the department at least seven (7) days prior to the refilling of the storage vessel. Notification shall be made by telephone immediately followed by written documentation demonstrating why the inspection was unplanned. Alternatively, this notification including the written documentation may be made in writing and sent by express mail so that it is received by the department at least seven (7) days prior to the refilling.

2. The owner or operator of external floating roof storage vessels shall— A. Determine the gap areas and maximum gap widths between the primary seal and the wall of the storage vessel and between the secondary seal and the wall of the storage vessel.

(I) Perform measurements of gaps between the storage vessel wall and the primary seal (seal gaps) during the hydrostatic testing of the storage vessel or within sixty (60) days after the initial fill with VOL and at least once every five (5) years thereafter.

(II) Perform measurements of gaps between the storage vessel wall and the secondary seal within sixty (60) days after the initial fill with VOL and at least once per year thereafter.

(III) If any source ceases to store VOL for a period of one (1) year or more, subsequent introduction of VOL into the storage vessel shall be considered an initial fill for the purposes of parts (3)(C)2.A.(I) and (3)(C)2.A.(II) of this rule;

B. Determine gap widths and areas in the primary and secondary seals individually according to the following procedures:

(I) Measure seal gaps, if any, at one (1) or more floating roof levels when the roof is floating off the roof leg supports;

(II) Measure seal gaps around the entire circumference of the storage vessel in each place where a one-eighth inch (1/8") in diameter uniform probe passes freely without forcing or binding against seal between the seal and the wall of the storage vessel and measure the circumferential distance of each such location; and (III) Determine the total surface area of each gap described in part (3)(C)2.B.(II) of this rule by using probes of various widths to measure accurately the actual distance from the storage vessel wall to the seal and multiplying each such width by its respective circumferential distance;

C. Add the gap surface area of each gap location for the primary seal and the secondary seal individually and divide the sum for each by the nominal diameter of the storage vessel and compare each ratio to the respective standards in subparagraph (3)(C)2.D. of this rule;

D. Make necessary repairs or empty the storage vessel within forty-five (45) days after identification in any inspection for seals not meeting the requirements listed in parts (3)(C)2.D.(I) and (3)(C)2.D.(II) of this rule.

(I) The accumulated area of gaps between the storage vessel wall and the mechanical shoe or liquid-mounted primary seal shall not exceed one inch (1.0") per foot of storage vessel diameter, and the width of any portion of any gap shall not exceed one and one-half inches (1.5"). There shall be no holes, tears, or other openings in the shoe, seal fabric, or seal envelope.

(II) The secondary seal shall meet the following requirements:

(a) Be installed above the primary seal so that it completely covers the space between the roof edge and the storage vessel wall except as provided in part (3)(C)2.B.(III)

(b) The accumulated area of gaps between the storage vessel wall and the secondary seal used in combination with a metallic shoe or liquid-mounted primary seal shall not exceed one inch (1.0") per foot of storage vessel diameter, and the width of any portion of any gap shall not exceed one-half inch (0.5"). There shall be no gaps between the storage vessel wall and the secondary seal when used in combination with a vapor mounted primary seal; and (c) There shall be no holes, tears, or other openings in the seal or seal fabric.

(III) If a failure that is detected during inspections required in subparagraph (3)(C)2.A. of this rule cannot be repaired within forty-five (45) days and if the storage vessel cannot be emptied within forty-five (45) days, the owner or operator may request a thirty (30)-day extension from the department in the inspection report required in subparagraph (3)(C)2.D. of this rule. Such extension request must include a demonstration of unavailability of alternate storage capacity and a specification of a schedule that will assure that the control equipment will be repaired or the storage vessel will be emptied as soon as possible;

E. Notify the department thirty (30) days in advance of any gap measurements required by subparagraph (3)(C)2.A. of this

rule to afford the department the opportunity to have an observer present; and F. Visually inspect the external floating roof, the primary seal, secondary seal, and fittings each time the storage vessel is emptied and degassed.

(I) If the external floating roof has defects, if the primary seal has holes, tears, or other openings in the seal or the seal fabric, or if the secondary seal has holes, tears, or other openings in the seal or the seal fabric, repair the items as necessary so that none of the conditions specified in this rule subsection exist before filling or refilling the storage vessel with VOL.

(II) For all the inspections required by subparagraph (3)(C)2.F. of this rule, the owner or operator shall notify the department in writing at least thirty (30) days prior to the filling or refilling of each storage vessel to afford the department the opportunity to inspect the storage vessel prior to refilling. If the inspection under subparagraph (3)(C)2.F. of this rule is not planned and the owner or operator could not have known about the inspection thirty (30) days in advance of refilling the storage vessel, notify the department at least seven (7) days prior to the refilling of the storage vessel. Notification shall be made by telephone immediately followed by written documentation demonstrating why the inspection was unplanned. Alternatively, this notification including the written documentation may be sent by express mail so that it is received by the department at least seven (7) days prior to the refilling.

3. The owner or operator of each storage vessel equipped with a closed vent system and a flare to meet the requirements of paragraph (3)(A)3. of this rule shall meet the requirements specified in the general control device requirements of 40 CFR 60.18(e) and (f), as specified in 10 CSR 10-6.070(3)(A)1.

(4) Reporting and Record Keeping.

(A) After installing control equipment in accordance with paragraph (3)(A)1. of this

rule for fixed roofs and internal floating roofs, the owner or operator shall— 1. Keep a record of each inspection performed as required by subparagraphs (3)(C)1.A., (3)(C)1.B, (3)(C)1.C., and (3)(C)1.D. of this rule. Each record shall identify the storage vessel on which the inspection was performed, contain the date the storage vessel was inspected, and the observed condition of each component of the control equipment including seals, internal floating, and fittings;

2. If any of the conditions described in subparagraph (3)(C)1.B. of this rule are detected during the annual visual inspection, report to the department within twenty (20) days after the inspection the identity of the storage vessel, the nature of the defects, and the date the storage vessel was emptied or the nature of and date the repair was made; and 3. After each inspection required by subparagraph (3)(C)1.C. of this rule where tears or holes in the seal or seal fabric, or defects in the internal floating roof, or other control equipment defects listed in part (3)(C)1.C.(II) of this rule are discovered, report to the department within twenty (20) days after the inspection the identity of the storage vessel and the reason it did not meet the specifications of paragraph (3)(A)1. or (3)(C)1. of this rule, and list each repair made.

(B) After installing control equipment in accordance with paragraph (3)(A)2. of this

rule for external floating roofs, the owner or operator shall— 1. Within sixty (60) days after performing the seal gap measurements required by subparagraph (3)(C)2.A. of this rule, furnish the department with a report that contains the date of measurement, the raw data obtained in the measurement, and the calculations of this rule described in subparagraphs (3)(C)2.B. and (3)(C)2.C. of this rule;

2. Maintain records of each gap measurement performed under subparagraph (3)(C)2.B. of this rule. Such records shall identify the storage vessel in which the measurement was performed and shall contain the date of measurement, the raw data obtained in the measurement, and the calculations of this rule described in subparagraphs (3)(C)2.B. and (3)(C)2.C. of this rule; and 3. After each seal gap measurement that detects gaps exceeding the limitations specified by subparagraph (3)(C)2.D. of this rule, submit a report to the department within twenty (20) days after the inspection identifying the storage vessel and containing the information specified in paragraph (4)(B)1. of this rule and the date the storage vessel was emptied or the repairs were made and the date of the repair.

(C) After installing control equipment to comply with subsection (3)(C) of this rule for closed vent systems and control device other than a flare, the owner or operator shall maintain a record of the measured values of the parameters monitored in accordance with the requirements of this rule.

(D) After installing a closed vent system and flare to comply with subsection (3)(C) of this rule, the owner or operator shall— 1. Provide the department with a report containing the measurements recorded under paragraph (3)(C)3. of this rule within six (6) months after the initial start-up date;

2. Maintain records of all periods of operation during which the flare pilot flame is absent; and 3. Report semiannually all periods recorded under paragraph (4)(D)2. of this

rule in which the pilot flame was absent.

(E) The owner or operator of each storage vessel specified in section (1) of this rule shall maintain readily accessible records of the dimensions of the storage vessel and an analysis of the capacity of the storage vessel.

(F) Except as provided in paragraphs (4)(G)3. and (4)(G)4. of this rule, the owner or operator of each storage vessel subject to the requirements in subsection (3)(A) or (3)(B) of this rule with a design capacity greater than or equal to forty thousand (40,000) gallons storing a liquid with a maximum true vapor pressure greater than or equal to one-half (0.5) psia but less than three-quarters (0.75) psia shall maintain a record of the VOL storage, the period of storage, and the maximum true vapor pressure of the VOL during the respective storage period.

(G) Monitoring Requirements.

1. Except as provided in paragraph (4)(G)4. of this rule, the owner or operator of each storage vessel with a design capacity greater than or equal to forty thousand (40,000) gallons storing a liquid with a maximum true vapor pressure that is normally less than three-quarters (0.75) psia shall notify the department within thirty (30) days when the maximum true vapor pressure of the liquid exceeds three-quarters (0.75) psia.

2. Available data on the storage temperature may be used to determine the maximum true vapor pressure.

A. For storage vessels operated above or below ambient temperatures, the maximum true vapor pressure is calculated based upon the highest expected calendar-month average of the storage temperature. For storage vessels operated at ambient temperatures, the maximum true vapor pressure is calculated based upon the maximum local monthly average ambient temperature as reported by the National Weather Service.

B. For other liquids, the vapor pressure shall be determined by an appropriate test method in section (5) of this rule or calculated by an appropriate method approved by the department.

3. The owner or operator of each storage vessel storing a mixture of indeterminate or variable composition shall be subject to the A. Prior to the initial filling of the storage vessel, the maximum true vapor pressure for the range of anticipated liquid compositions to be stored will be determined using the methods described in paragraph (4)(G)2. of this rule; and B. For storage vessels in which the vapor pressure of the anticipated liquid composition is one-half (0.5) psia or greater but less than three-quarters (0.75) psia, perform an initial physical test of the vapor pressure; a physical test at least once every six (6) months thereafter is required as determined by an appropriate test method in section (5)

4. The owner or operator of each storage vessel equipped with a closed vent system and control device meeting the specifications of subsection (3)(A) or (3)(B) of this rule is exempt from the requirements of paragraphs (4)(G)1. and (4)(G)2. of this rule.

(H) The owner or operator shall maintain all records required by this rule section, except for the records described in subsection (4)(E) of this rule, on-site for at least five (5) years. The records described in subsection (4)(E) of this rule shall be kept on-site for the life of the source. The records required by this rule shall be made available to the department immediately upon request.

(5) Test Methods.

(A) American Petroleum Institute (API)

Bulletin 2517, Evaporation Loss From External Floating Roof Tanks, Second Edition, as published by API, February 1980.

This publication is hereby incorporated by reference in this rule. Copies can be obtained from API, 1220 L Street NW, Washington, DC 20005. This rule does not incorporate (B) The following documents are published by the American Society for Testing and Materials (ASTM) and incorporated by reference in this rule. Copies can be obtained from ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. This rule does not incorporate any subsequent amendments or addi- 1. ASTM D323-82 or 94 Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method); and 2. ASTM D2879-83, 96, or 97 Standard Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope;

(C) The following ASTMs as specified in 10 CSR 10-6.040(36):

1. ASTM D4953 Standard Test Method for Vapor Pressure of Gasoline and Gasoline- Oxygenate Blends (Dry Method); and 2. ASTM D5191 Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method);

(D) The following test methods as specified in 10 CSR 10-6.030(22):

1. Test Methods 1 and 2 (40 CFR 60,

Appendix A) for determining flow rates, as necessary;

2. Test Method 18 (40 CFR 60,

Appendix A) for determining gaseous organic compound emissions by gas chromatography;

3. Test Method 21 (40 CFR 60,

Appendix A) for determination of volatile organic compound leaks;

4. Test Method 22 (40 CFR 60,

Appendix A) for visual determination of fugitive emissions from material sources and smoke emissions from flares;

5. Test Method 25 (40 CFR 60,

Appendix A) for determining total gaseous nonmethane organic emissions as carbon; and 6. Test Methods 25A or 25B (40 CFR 60, Appendix A) for determining total gaseous organic concentrations using flame ionization or nondispersive infrared analysis;

(E) Test method described in 40 CFR 60.113(a)(ii) as specified in 10 CSR 10- 6.070(3)(A)1. for measurement of storage tank seal gap;

(F) Other method approved by the director.

Feb. 29, 2000. Amended: Filed May 9, 2018, effective Feb. 28, 2019. Amended: Filed Oct. 8, 2019, effective July 30, 2020.

**History**
- *authority to render the decision, order, determination, finding, or other action that is subject to review by the commission.*

##### **10 CSR 10-5.510** Control of Emissions of Nitrogen Oxides {#sec-10-csr-10-5.510 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.510}

PURPOSE: The purpose of this regulation is to reduce the emissions of nitrogen oxides in the St. Louis ozone nonattainment area. This

regulation requires major sources of Nitrogen Oxides (NO ) to install or comply with reasonably available control technology (RACT) as required under the Clean Air Act.

(1) Applicability.

(A) This rule shall apply to all installations located in the counties of Franklin, Jefferson, St. Charles and St. Louis and the City of St.

Louis with the potential to emit one hundred (100) tons or greater per year of nitrogen oxides.

(B) Installations affected by this rule shall be in compliance no later than May 1, 2002.

The director may grant an extension of the compliance deadline if the affected installation submits an alternative compliance plan no later than January 1, 2001. The alternative compliance plan shall include the following items:

1. For each affected unit, a detailed analysis of the air quality benefit that will occur if the compliance date is extended;

2. For each affected unit, a detailed explanation of the reasons why the owner or operator believes that compliance with the applicable NO emissions limit by May 1, 2002 is impractical;

3. Information sufficient to identify each affected unit;

4. A proposed schedule setting dates by which the owner or operator will complete the following milestones for each affected unit:

A. Applications for all necessary permits;

B. Contracts for the implementation of new units or control equipment;

C. Construction and installation of new units or control equipment; and D. Compliance with the applicable NO emissions limitation established in this 5. Any other information the director requests.

(C) Exemptions. The requirements of this

rule shall not apply to the following emission units:

1. Any boiler having a maximum heat input of less than fifty (50) million British thermal units (mmBtu) per hour;

2. Any stationary internal combustion engine having a rated energy output capacity of less than five hundred (500) horsepower or a maximum heat input capacity of twenty (20) mmBtu per hour or less;

3. Any stationary combustion turbine having a rated maximum heat input capacity of less than twenty (20) mmBtu per hour;

4. Any emergency standby boiler, stationary internal combustion engine, stationary combustion turbine, start up unit, or black start unit which operates less than seven hundred and fifty (750) hours annually and less than four hundred (400) hours during ozone season;

5. Any research and development emissions unit;

6. Any jet engine test cell;

7. Any air pollution control device;

8. Any emission unit which is required to meet a more stringent state or federal NO emissions limitation;

9. Any unit that would otherwise be required to comply with this rule with actual annual NO emissions of thirty (30) tons per year or less. This exemption shall cease to apply to a unit if the unit ever exceeds thirty (30) tons per year of actual NO for any calendar year. Any unit that becomes affected by this rule due to failure to maintain this exemption after January 1, 2000 shall immediately notify the department in writing that the rule applies. The unit shall be in compliance with the applicable provisions of this rule within twenty-four (24) months after notifying the department or May 1, 2002, whichever is later;

10. Any unit subject to and in compliance with Phase II acid rain requirements;

11. Any incinerator having a maximum rated heat input capacity of less than fifty (50) mmBtu per hour.

(2) Definitions.

(A) Black start unit—Any electric generating unit operated only in the event of a complete loss of power.

(B) Cyclone boiler—A boiler with a horizontal, cylindrical furnace that burns crushed rather than pulverized coal.

(C) Emergency standby boiler—A boiler operated during times of loss of primary power at the installation that is beyond the control of the owner or operator, during routine maintenance, to provide steam for building heat; or to protect essential equipment.

(D) Emergency stationary internal combustion engine—A stationary internal combustion engine used to drive pumps, aerators or other equipment only during times of loss of primary power at the facility that is beyond the control of the owner or operator of the facility or during routine maintenance.

(E) Emergency stationary combustion turbine—A stationary combustion turbine operated only during times of loss of primary power at the facility that is beyond the control of the owner or operator of the facility or during routine maintenance.

(F) Internal combustion engine—Any engine in which power, produced by heat and/or pressure developed in the engine cylinder(s) by burning a mixture of fuel and air, is subsequently converted to mechanical work by means of one or more pistons.

(G) Jet engine test cell—A stationary jet engine used for the purpose of research and testing.

(H) Predictive emissions monitoring system (PEMS)—A system that uses process and other parameters as inputs to a computer pro gram or other data reduction system to predict values in terms of the applicable emission limitation or standard.

(I) Research and development emissions unit—Any combustion unit operated only for the purpose of research and development work.

(J) Start-up unit—A unit operated only to start up larger electric generating units.

(K) Stationary internal combustion engine—Any internal combustion engine that is not self-propelled, but which may be mounted on a vehicle for portability.

(L) Stoker boiler—A boiler design that employs a grate assembly to combust coal.

(M) Tangentially fired boiler—A boiler that has coal and air nozzles mounted in each corner of the furnace where the vertical furnace walls meet. Both pulverized coal and air are directed from the furnace corners along a line tangential to a circle lying in a horizontal plane of the furnace.

(N) Wall fired boiler—A boiler that has pulverized coal burners arranged on the wall of the furnace. The burners have discrete, individual flames that extend perpendicularly into the furnace area.

(O) Definitions of certain terms specified (3) General Provisions.

(A) No owner or operator of a boiler with a maximum rated heat input capacity of one hundred (100) mmBtu per hour or greater shall allow the unit to emit NO in excess of the emission rates specified in Table 1 as measured pursuant to section (5) of this rule.

Maximum Allowable NO Emission Rates for Boilers (Pounds of NO per mmBtu)

(B) An owner or operator of a boiler or incinerator with a maximum rated heat input capacity equal to or greater than fifty (50) mmBtu per hour but less than one hundred (100) mmBtu per hour shall complete an annual adjustment or tune up on the combustion process. This adjustment or tune up shall include at a minimum the following items:

1. Inspection, adjustment, cleaning or replacement of fuel burning equipment, including the burners and moving parts necessary for proper operation as specified by the manufacturer;

2. Inspection of the flame pattern or characteristics and adjustments necessary to minimize total emissions of NO and, to the extent practicable, minimize emissions of carbon monoxide; and 3. Inspection of the air to fuel ratio control system and adjustments necessary to ensure proper calibration and operation as specified by the manufacturer.

(C) No owner or operator of a stationary combustion turbine shall allow or permit the discharge of any NO emissions in excess of the following limits:

1. Seventy-five (75) parts per million (ppm), corrected to fifteen percent (15%) oxygen, for combustion turbines firing gaseous fuel only; and 2. One hundred ten (110) ppm, corrected to fifteen percent (15%) oxygen, for combustion turbines firing distillate oil or diesel fuel.

(D) No owner or operator of a stationary internal combustion engine with a rated maximum heat input capacity greater than twenty (20) mmBtu per hour shall allow or permit the discharge of NO emissions in excess of the following limits:

1. For rich burn engines which burn only gaseous fuels— A. Nine and one-half (9.5) grams per equal to or greater than five hundred (500) horsepower and less than one thousand (1,000) horsepower; or B. Two and one-half (2.5) grams per equal to or greater than one thousand (1,000) horsepower;

2. For lean burn engines which burn only gaseous fuels— A. Ten (10.0) grams per horsepowergreater than five hundred (500) horsepower and less than one thousand (1,000) horsepower; or B. Three (3.0) grams per horsepowergreater than one thousand (1,000) horsepower;

3. For engines which burn only diesel fuel or distillate oil— A. Eight and one-half (8.5) grams per equal to or greater than five hundred (500) horsepower and less than one thousand eight hundred (1,800) horsepower; or B. Two and one-half (2.5) grams per equal to or greater than one thousand eight hundred (1,800) horsepower; or 4. For engines which burn dual fuels— A. Six (6.0) grams per horsepowergreater than five hundred (500) horsepower and less than two thousand (2,000) horsepower; or B. Two and one-half (2.5) grams per equal to or greater than two thousand (2,000) horsepower.

(E) No owner or operator of a regenerative container glass melting furnace shall allow the unit to emit NO in excess of 5.5 pounds of NO per ton of glass pulled.

(F) No owner or operator of a portland cement kiln shall allow the unit to operate unless good combustion practices are implemented. Each portland cement kiln shall develop a good combustion practice plan that identifies appropriate kiln operating parameters necessary to ensure minimum NO formation. Each kiln operator shall be trained to operate the kiln in accordance with the plan.

The parameters included in the plan shall include at a minimum the following:

1. Kiln exit oxygen operating range or a surrogate parameter;

2. Clinker burning zone temperature operating range or a surrogate parameter; and 3. Monitoring and record keeping procedures for each parameter.

(G) Emissions Averaging. An owner or operator may comply with the requirements of subsections (3)(A), (3)(C), (3)(D), (3)(E) and (3)(H) of this rule by averaging between two (2) or more similar emission units provided they are located in the St. Louis ozone nonattainment area and provided that both units are required to comply with the subsections (3)(A), (3)(C), (3)(D), (3)(E) or (3)(H)

1. Compliance shall be based on the weighted average of actual NO from the units on a monthly basis. The averaged emissions rate for the units must be equal to or less than the allowable emissions rate for the units as defined in this rule. An owner or operator who elects to comply with an average NO emission limit shall use the following equation to determine compliance: ∑(actual NO emission rate from each unit * actual monthly heat input from each unit) ≤ ∑(allowable NO emission rate from each unit * actual monthly heat input from each unit)

2. NO emission rates shall be calculated from actual data from continuous emissions monitoring system (CEMS), PEMS or established through stack testing at several loads.

3. NO emissions averaging may only occur between emission units operated under same owner unless a binding legal agreement between two (2) owners is filed with the director and provided the emission units are located in the St. Louis ozone nonattainment area. The binding legal agreement must specify the following:

A. A commitment between the two (2) owners or operators to comply with the averaging provisions;

B. Identification of the emission units which will be used for averaging;

C. An outline of how the emission units will comply with the averaging provisions;

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D. A schedule for submitting the monthly data used to determine compliance with the averaging provisions; and E. Contacts from each owner or operator who will be responsible for the monthly compliance reports.

(H) Case-By-Case RACT Studies.

1. The owner or operator of an emissions unit subject to this rule but not specifically identified in subsection (3)(A), (3)(B), (3)(C), (3)(D), (3)(E) or (3)(F) of this rule shall conduct and submit by July 1, 2000 a detailed engineering and RACT study for those emission units subject to this rule.

2. Each RACT proposal shall, at a minimum, include the following information:

A. A list of emission units subject to the RACT requirements;

B. The size or capacity of each affected emission unit and the types of fuel combusted or the types and quantities of materials processed or produced by each emission unit;

C. A physical description of each emission unit and its operating characteristics;

D. Estimates of the potential and actual NO emissions from each affected emission unit and associated supporting documentation;

E. A RACT analysis which meets the requirements of subsection (3)(H) of this

rule, including technical and economic support documentation identified in subsection (3)(G) of this rule for each affected emission unit;

F. A schedule for completing implementation of the RACT proposal as expeditiously as practicable but not later than April 1, 2001, including interim dates for the issuance of purchase orders, start and completion of process technology and control technology changes and the completion of compliance testing;

G. Testing, monitoring, record keeping and reporting procedures proposed to demonstrate compliance with RACT;

H. An application for an operating permit amendment or application to incorporate the provisions of the RACT proposal;

I. Additional information requested by the department that is necessary for the evaluation of the RACT proposal.

3. In addition, the RACT analysis shall A. A ranking of the available control options for the affected emission unit in descending order of control effectiveness.

Available control options are air pollution control technologies or techniques with a reasonable potential for application to the emission unit. Air pollution control technologies and techniques include the application of production process or methods and control systems for NO . The control technologies and techniques shall include existing controls for the source category and technology transfer controls applied to similar source categories;

B. An evaluation of the technical feasibility of the available control options as required by paragraph (3)(G)1. of this rule.

The evaluation of technical feasibility shall be based on physical, chemical and engineering principles. If an analysis is determined to be technically infeasible, the technical difficulties which would preclude the successful use of the control options on the affected emission unit shall be identified;

C. A ranking of the technically feasible control options in order of overall control effectiveness for NO emissions. The list shall present the array of control options and shall include, at a minimum, the following information:

(I) The baseline emissions of NO before implementation of each control option;

(II) The estimated emission reduction potential or the estimated control efficiency of each control option;

(III) The estimated emissions after the application of each control option; and (IV) The economic impacts of each control option, including both overall cost effectiveness and incremental cost effectiveness; and D. An evaluation of cost effectiveness of each control option consistent with OAQPS Control Cost Manual (Fourth Edition), EPA 450/3-90-006 January 1990 and subsequent revisions. The evaluation shall be conducted in accordance with the following requirements:

(I) The cost effectiveness shall be evaluated in terms of dollars per ton of NO emission reduction;

(II) The cost effectiveness shall be calculated on average and incremental bases for each option. Average cost effectiveness is calculated as the annualized cost of the control option divided by the baseline emissions rate minus the control option emission rate, as shown by the following formula:

Cost Effectiveness Equation Average Cost Effectiveness ($/ton NO removed) = Total annualized cost of the control option ($/yr)

Baseline emission rate (tons/yr) – Control option emission rate (tons/yr)

(III) For purposes of this paragraph, baseline emission rate represents the maximum emissions before the implementation of the control option. The baseline emissions rate shall be established using either test results or approved emission factors and historical operating data; and (IV) For purposes of this paragraph, the incremental cost effectiveness calculation compares the costs and emission level of a control option to those of the next most stringent option, as shown by the following formula:

Incremental Cost Equation Incremental Cost per incremental ton removed ($/ton)= Total annualized cost for a control option ($/yr) – Total annualized cost for the next most stringent control option ($/yr)

The emission rate for the more stringent control option (tons/yr) – The emission rate for the control option (tons/yr)

4. Based upon this study, the director shall provide a case-specific RACT determination which shall be implemented by the owner or operator of the unit as expeditiously as practicable but in no case later than May 1, 2002. This case-specific RACT determination shall be submitted to the administrator of the U.S. Environmental Protection Agency.

(I) Any unit during periods of start up, shutdown, or malfunction shall comply with the requirements of 10 CSR 10-6.050.

(4) Reporting and Record Keeping.

(A) Reporting. Reporting shall be based on the test methods identified in section (5) of 1. The owner or operator of an emissions unit subject to subsections (3)(A), (3)(C), (3)(D), (3)(E), (3)(F) and (3)(G) of this rule shall comply with the following requirements:

A. Submit for each NO unit that uses a CEMS to demonstrate compliance, an annual report containing the date, time and emissions rate in pounds NO per mmBtu of all thirty (30)-day rolling averages greater than the emission rates allowed under

section (3) of this rule;

B. Submit for each NO unit which uses stack tests to demonstrate compliance, an annual report identifying monthly fuel usage and monthly total heat input; and C. Submit a written report of all stack tests completed after controls are effective to the director within sixty (60) days after completion of sample and data collec- 2. The owner or operator of an emissions unit subject to subsection (3)(H) of this rule shall comply with the reporting requirements established in the case-by-case RACT determination approved by the director. The owners or operators of emissions units com plying with the averaging provisions of subsection (3)(H) shall submit to the director within thirty (30) days after the end of each calendar month a compliance report stating the averaged emission rate. The compliance report shall also include the data used to determine the averaged emission rate. If the average emission rate exceeds the allowable emission rate, the owners and operators shall determine which owner or operator is responsible for the violation. The owners and operators in the compliance report shall submit the identity of the responsible owner or operator. The department will take enforcement action against only the owner or operator responsible for the violation. However, if the owners or operators do not submit within thirty (30) days the identity of the violator, both owners or operators shall be responsible for the violation.

(B) Record Keeping.

1. Each owner or operator of an emissions unit subject to subsections (3)(A), (3)(C), (3)(D), (3)(E), (3)(F) and (3)(G) of this rule shall maintain records of the follow- A. Total fuel consumed on a monthly

basis unless the unit is operating a CEMS or predictive emissions monitoring system (PEMS);

B. The total heat input for each emissions unit on a monthly basis unless the unit is operating a CEMS or a PEMS;

C. Reports of all stack testing conducted to meet the requirements of this rule;

D. All other data collected by a CEMS or a PEMS necessary to convert the monitoring data to the units of the applicable emission limitation;

E. If a CEMS is used, all performance evaluations conducted in the past year;

F. All CEMS or monitoring device calibration checks;

G. All monitoring system, monitoring device and performance testing measurements;

H. Records of adjustments and maintenance performed on monitoring systems and devices; and I. A log identifying each period during which the CEMS was inoperative, except for zero and span checks, and the nature of the repairs and adjustments performed to make the system operative.

2. The owner or operator of an emissions unit subject to subsection (3)(H) of this

rule shall comply with the record keeping requirements established in the case-by-case RACT determination approved by the direc- 3. All records must be kept on-site for a (5) Test Methods.

(A) Compliance Testing. Initial compliance for all units subject to subsections (3)(A), (3)(C), (3)(D), (3)(E) or (3)(G) of this rule shall be determined through a stack test performed prior to the implementation date under section (1) of this rule except those units complying with the provisions of subsection (5)(B) of this rule. After the initial stack test, stack tests shall be required every three (3) years to determine compliance except for units complying with the provisions of subsection (5)(B) of this rule. The following test methods shall be used for all stack tests:

1. 40 CFR Part 60 Appendix A, Method 7, 7A, 7C, 7D or 7E shall be used to determine NO concentrations in stack gases;

2. 40 CFR Part 60 Appendix A, Method 1A, 2, 2A, 2B, 2C, 2D, 2F, 2G, or 2H shall be used to determine the exit velocity of stack gases;

3. 40 CFR Part 60 Appendix A, Method 3 or 3A shall be used to determine carbon dioxide, oxygen, excess air and molecular weight of stack gases;

4. 40 CFR Part 60 Appendix A, Method 4 shall be used to determine moisture content of stack gases from applicable stationary sources;

5. 40 CFR Part 60 Appendix A, Method 19 shall be used to determine (calculate or compute) NO (heat input specific) emission rates (pound per mmBtu); and 6. For stationary combustion turbines, 40 CFR Part 60 Appendix A, Method 20 may be used to determine NO concentrations.

(B) Monitoring. As an alternative to the compliance testing required under subsection (5)(A) for units subject to subsections (3)(A), (3)(C), (3)(D), (3)(E) and (3)(G) of this rule, an owner or operator of an emission unit may install, calibrate, maintain and operate a CEMS or a PEMS approved by the director and the U.S. Environmental Protection Agency (EPA), or use an equivalent procedure for measuring or estimating NO emissions approved by the director and the EPA.

For units operating CEMS, PEMS or an equivalent procedure for estimating NO emissions, the following requirements shall apply:

1. Compliance shall be measured on a thirty (30)-day rolling average;

2. All valid data shall be used for calculating NO emissions rates;

3. The procedures under 40 CFR 60.13(d), (e) and (f) and 40 CFR Part 60

Appendix B, Performance Specification 2 shall be followed, or other procedures approved by the director; for the installation, evaluation and operation of CEMS or PEMS;

4. Quarterly accuracy and daily calibration drift tests shall be performed in accordance with 40 CFR Part 60 Appendix F, or other tests approved by the director; and 5. CEMS installed, certified and operated in accordance with 40 CFR Part 75 are deemed to be approved by the director to meet the monitoring and quality assurance requirements of this subsection.

Feb. 29, 2000. Amended: Filed Aug. 26, 2005, effective May 30, 2006.

##### **10 CSR 10-5.520** Control of Volatile Organic Compound Emissions From Existing Major Sources {#sec-10-csr-10-5.520 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.520}

Feb. 29, 2000. Rescinded: Filed April 10, 2018, effective Jan. 30, 2019.

**History**
- *AUTHORITY: section 643.050, RSMo 2000.*

##### **10 CSR 10-5.530** Control of Volatile Organic Compound Emissions From Wood Furniture Manufacturing Operations wood furniture manufacturing operations by incorporating reasonably available control technology (RACT) per 172(c)(1) of the Clean Air Act. {#sec-10-csr-10-5.530 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.530}

(1) Applicability.

(A) This rule applies throughout the City (B) This rule is applicable to all existing wood furniture manufacturing installations that have the potential to emit equal to or greater than twenty-five (25) tons per year of volatile organic compounds (VOC).

(C) Adhesives shall not be considered coatings or finishing materials for the purposes of (D) In the event that other rules in Title 10 are also applicable to wood furniture manufacturing installations, the more stringent rule applies.

(2) Definitions.

(A) Adhesive—Any chemical substance applied for bonding two (2) surfaces together other than by mechanical means.

(B) Affected source—A wood furniture manufacturing facility that meets the criteria listed in subsections (1)(A) and (1)(B) of this (C) Alternative method—Any method of that is not a reference or equivalent method but that has been demonstrated to the director’s satisfaction to, in specific cases, produce results adequate for a determination of compliance.

(D) As applied—The VOC and solids content of the finishing material that is actually used for coating the substrate. It includes the contribution of materials used for in-house dilution of the finishing material.

(E) Basecoat—A coat of colored material, usually opaque, applied before graining inks, glazing coats, or other opaque finishing materials and is usually topcoated for protec- (F) Capture device—A hood, enclosed room, floor sweep, or other means of collecting solvent emissions or other pollutants into a duct so that the pollutant can be directed to a pollution control device such as an incinerator or carbon adsorber.

(G) Capture efficiency—The fraction of all organic vapors generated by a process that is directed to a control device.

(H) Certified product data sheet— Documentation furnished by a coating supplier or an outside laboratory that provides the VOC content by percent weight, the solids content by percent weight, and density of a finishing material, strippable booth coating, or solvent, measured using the EPA Method 24, or an equivalent or alternative method (or formulation data if approved by the director).

The purpose of the certified product data sheet is to assist the affected source in demonstrating compliance with the emission limitations presented in subsection (3)(A) of this rule. Therefore, the VOC content should represent the maximum VOC emission potential of the finishing material, strippable booth coating, or solvent.

(I) Cleaning operations—Operations in which organic solvent is used to remove coating materials from equipment used in wood furniture manufacturing operations.

(J) Coating—A protective, decorative, or functional material applied in a thin layer to a surface. Such materials include, but are not limited to, paints, topcoats, varnishes, sealers, stains, washcoats, basecoats, inks, and temporary protective coatings.

(K) Coating solids (or “solids”)—The part of the coating that remains after the coating is dried or cured; solids content is determined using data from EPA Method 24, or an alternative or equivalent method.

(L) Compliant coating—A finishing material or strippable booth coating that meets the emission limits specified in paragraph (3)(A)1. of this rule.

(M) Continuous coater—A finishing system that continuously applies finishing materials onto furniture parts moving along a conveyor system. Finishing materials that are not transferred to the part are recycled to the finishing material reservoir. Several types of application methods may be used with a continuous coater including spraying, curtain coating, roll coating, dip coating, and flow (N) Control device—Any equipment that (O) Control device efficiency—The ratio of the pollution released by a control device and the pollution introduced to the control device, expressed as a fraction.

(P) Control system—The combination of capture and control devices used to reduce emissions to the atmosphere.

(Q) Conventional air spray—A spray coating method in which the coating is atomized by mixing it with compressed air at an air pressure greater than ten (10) pounds per square inch (gauge) at the point of atomiza Airless and air assisted airless spray technologies are not conventional air spray because the coating is not atomized by mixing it with compressed air. Electrostatic spray technology is also not considered conventional air spray because an electrostatic charge is employed to attract the coating to the workpiece.

(R) Day—A period of twenty-four (24) consecutive hours beginning at midnight local time, or beginning at a time consistent with a facility’s operating schedule.

(S) Disposed off-site—Sending used organic solvents or coatings outside of the facility boundaries for disposal.

(T) Emission—The release or discharge, whether directly or indirectly, of VOC into the ambient air.

(U) Equipment leak—Emissions of volatile organic compounds from pumps, valves, flanges, or other equipment used to transfer or apply finishing materials or organic solvents.

(V) Equivalent method—Any method of that has been demonstrated to the director’s satisfaction to have a consistent and quantitatively known relationship to the reference method under specific conditions.

(W) Finishing application station—The

part of a finishing operation where the finishing material is applied, e.g., a spray booth.

(X) Finishing material—Coatings used in the wood furniture industry including, but not limited to, basecoats, stains, washcoats, sealers, and topcoats.

(Y) Finishing operation—Those activities in which a finishing material is applied to a substrate and is subsequently air-dried, cured in an oven, or cured by radiation.

(Z) Incinerator—An enclosed combustion device that thermally oxidizes volatile organic compounds to carbon monoxide (CO) and carbon dioxide (CO ). This term does not include devices that burn municipal or hazardous waste material.

(AA) Nonpermanent final finish—A material such as a wax, polish, nonoxidizing oil, or similar substance that must be reapplied periodically to a surface over its lifetime to maintain or restore the material’s intended effect.

(BB) Normally closed container—A storage container that is closed unless an operator is actively engaged in activities such as emptying or filling the container.

(CC) Operating parameter value—A minimum or maximum value established for a control device or process parameter that, if achieved by itself or in combination with one or more other operating parameter values, determines that an owner or operator has complied with an applicable emission limit.

(DD) Organic solvent—A liquid containing volatile organic compounds used for dissolving or dispersing constituents in a coating, adjusting the viscosity of a coating, cleaning, or washoff. When used in a coating, the organic solvent evaporates during drying and does not become a part of the dried film.

(EE) Overall control efficiency—The efficiency of a control system, calculated as the product of the capture and control device efficiencies, expressed as a percentage.

(FF) Recycled on-site—The reuse of an organic solvent in a process other than cleaning or washoff.

(GG) Reference method—Any method of that is published in Appendix A of 40 CFR 60.

(HH) Sealer—A finishing material used to seal the pores of a wood substrate before additional coats of finishing material are applied. Washcoats, which are used in some finishing systems to optimize aesthetics, are not sealers.

(II) Stain—Any color coat having a solids content by weight of no more than 8.0 percent that is applied in single or multiple coats directly to the substrate. Includes, but is not limited to, nongrain raising stains, equalizer stains, sap stains, body stains, no-wipe stains, penetrating stains, and toners.

(JJ) Storage container—Vessel or tank, including mix equipment, used to hold finishing, cleaning, or washoff materials.

(KK) Strippable booth coating—A coating that: 1) is applied to a booth wall to provide a protective film to receive overspray during finishing operations; 2) that is subsequently peeled off and disposed; and 3) by achieving 1) and 2), reduces or eliminates the need to use organic solvents to clean booth walls.

(LL) Substrate—The surface onto which coatings are applied (or into which coatings are impregnated).

(MM) Topcoat—The last film-building finishing material applied in a finishing system.

Nonpermanent final finishes are not topcoats.

(NN) Touch-up and repair—The application of finishing materials to cover minor finishing imperfections.

(OO) Washcoat—A transparent special

purpose coating having a solids content by weight of 12.0 percent or less. Washcoats are applied over initial stains to protect and control color and to stiffen the wood fibers in order to aid sanding.

(PP) Washoff operations—Those operations in which organic solvent is used to remove coating from a substrate.

(QQ) Wood furniture—Any product made of wood, a wood product such as rattan or wicker, or an engineered wood product such as particleboard that is manufactured under any of the following standard industrial classification codes: 2434, 2511, 2512, 2517, 2519, 2521, 2531, 2541, 2599, or 5712.

(RR) Wood furniture component—Any

part used in the manufacture of wood furniture. Examples include, but are not limited to, drawer sides, cabinet doors, seat cushions, and laminated tops.

(SS) Wood furniture manufacturing operations—The finishing, cleaning, and washoff operations associated with the production of wood furniture or wood furniture components.

(TT) Working day—A day, or any part of a day, in which a facility is engaged in manufacturing.

(UU) Definitions of certain terms specified (3) General Provisions.

(A) Restriction of Emissions.

1. The owner or operator of an affected source shall limit VOC emissions from finishing operations by complying with one (1) of the following requirements:

A. Where only topcoat is applied without sealers, the topcoat shall have a VOC content no greater than Table 1; or Topcoat 0.8 0.8 B. Where topcoat and sealers are applied and— (I) Where sealer is not acid-cured alkyd amino vinyl or topcoat is not acidcured alkyd amino conversion varnish, the VOC contents shall be no more than shown in Table 2;

Table 2 Sealer 1.9 1.9 Topcoat 1.8 1.8 (II) Where sealer is acid-cured alkyd amino vinyl and topcoat is acid-cured alkyd amino conversion varnish, the VOC contents shall be no more than shown in Table 3;

Table 3 Sealer 2.3 2.3 Topcoat 2.0 2.0 (III) Where sealer is not acid-cured alkyd amino vinyl and topcoat is acid-cured alkyd amino conversion varnish, the VOC contents shall be no more than shown in Table 4; or Table 4 Sealer 1.9 1.9 Topcoat 2.0 2.0 (IV) Where sealer is acid-cured alkyd amino vinyl and topcoat is not acidcured alkyd amino conversion varnish, the VOC contents shall be no more than shown in Table 5.

Table 5 Sealer 2.3 2.3 Topcoat 1.8 1.8 2. As an alternate to the finishing operation requirements of paragraph (3)(A)1. of this rule, the owner or operator of an affected source may use an averaging approach to verify compliance by using this paragraph.

Compliance is demonstrated when actual emissions from the affected source are less than or equal to allowable emissions using one (1) of the following inequalities:

0.9(0.8(TC

+ TC

+...)) ≥ [(ER

TC1 )(TC

(ER TC2

)(TC ) +...] (1)

0.9{[1.8(TC

+ TC

[1.9(SE

+ SE

[9.0 (WC

+ WC

[1.2(BC

+ BC

[0.791(ST

+ ST

+...)]} ≥ [ER

TC1 (TC

TC2 (TC

SE1 (SE

) + ER

SE2 (SE

WC1 (WC

WC2 (WC

BC1 (BC

) + ER

BC2 (BC

ST1 (ST

ST2 (ST ) + ...] (2)

TC =kilograms of solids of topcoat “i”

SE =kilograms of solids of sealer “i”

WC =kilograms of solids of washcoat “i”

BC =kilograms of solids of basecoat “i”

ST =liters of stain “i” used;

TCi =VOC content of topcoat “i” in kg SEi =VOC content of sealer “i” in kg WCi =VOC content of washcoat “i” in kg BCi =VOC content of basecoat “i” in kg VOC/kg solids, as applied; and STi =VOC content of stain “i” in kg VOC/liter (kg/l), as applied.

Note 1: Various numeric values used in inequalities (0.8, 1.8, 1.9, etc.) are maximum allowable VOC contents for various coatings.

Note 2: The 0.9 multiplying factor on the allowable emissions side of the inequality is used to assure that sources using the averaging approach demonstrate their emissions are no greater than ninety percent (90%) of what they would be if they were using compliant coatings.

For Inequalities (1) and (2), the facility must use the actual VOC content of the finishing materials used prior to the effective date of this rule if the VOC content is less than the allowable VOC content. For example, if the affected source was using topcoats with a VOC content of 1.7 kilograms of VOC per kilogram of solids (1.7 pounds of VOC per pound of solids) before being subject to this

rule, the affected source must use that value in Inequality (2) rather than 1.8.

3. As an alternate to the finishing operation requirements of subparagraph (3)(A)1.A. or part (3)(A)1.B.(II) of this rule, the owner or operator of an affected source may use a control system (capture device/control device) that will achieve an equivalent reduction in emissions as demonstrated using the compliance requirements of subparagraph (3)(C)1.B.

4. As an alternate to the finishing operation requirements of paragraphs (3)(A)1. and (3)(A)2. of this rule, the owner or operator of an affected source may use a combination of the methods presented in paragraphs (3)(A)1., (3)(A)2., and (3)(A)3. of this rule as demonstrated using the compliance requirements of subparagraph (3)(C)1.C.

5. The owner or operator of an affected source shall limit VOC emissions from cleaning operations when using a strippable booth coating to that shown in Table 6.

Table 6 Strippable booth coating 0.8 0.8 (B) Work Practice Standards. The owner or operator of an affected source shall develop and maintain work practice standards that include, at a minimum:

1. A written work practice implementation plan that defines work practices for each wood furniture manufacturing operation and addresses each of the topics specified in paragraphs (3)(B)2. through (3)(B)10. of this sub-

section. The plan shall be developed no more than sixty (60) days after the compliance date of this rule. The owner or operator of the affected source shall comply with each provision of the work practice implementation plan. The written work practice implementation plan shall be available for inspection by the department, upon request. If the department determines that the work practice implementation plan does not adequately address each of the topics specified in paragraphs (3)(B)2. through (3)(B)10. of this sub-

section, the department may require the affected source to modify the plan;

2. Operator training for all new and existing personnel, including contract personnel, who are involved in finishing, cleaning, or washoff operations or implementation of the requirements of this rule. All new personnel, those hired after the effective date of the

rule, shall be trained upon hiring. All existing personnel, those hired before the effective date of the rule, shall be trained within six (6) months of the effective date of the rule. All personnel shall be given refresher training annually. The affected source shall maintain a copy of the training program with the work practice implementation plan. The training program shall include, at a minimum, the fol- A. A list of all trained personnel by name and job description;

B. An outline of the subjects covered in the initial and refresher training for each position, or group of personnel;

C. Lesson plans for courses to be given at the initial and the annual refresher training that include, at a minimum, appropriate application techniques, appropriate cleaning and washoff procedures, appropriate equipment setup and adjustment to minimize finishing material usage and overspray, and appropriate management of cleanup wastes;

D. A description of the methods to be used at the completion of initial or refresher training to demonstrate and document successful completion, and a record of the date each employee is trained;

3. An equipment leak inspection and maintenance plan prepared and maintained with the work practice implementation plan and specify, at a minimum— A. A minimum visual inspection frequency of once per month for all equipment used to transfer or apply finishing materials or organic solvents;

B. An inspection schedule;

C. Methods for documenting the date and results of each inspection and any repairs;

D. The time frame between identifying an equipment leak and making the repair, which adheres to the following schedule:

(I) A first attempt at repair (e.g., tightening of packing glands) shall be made no later than five (5) working days after the equipment leak is detected; and (II) Final repairs shall be made within fifteen (15) working days, unless the leaking equipment is to be replaced by a new purchase, in which case repairs shall be completed within three (3) months;

4. A cleaning and washoff solvent accounting system that includes an organic solvent accounting form to record— A. The quantity and type of organic solvent used each month for washoff and cleaning;

B. The number of pieces washed off with the reason for washoff; and C. The net quantity of spent organic solvent generated from each activity. The net quantity of spent solvent is equivalent to the total amount of organic solvent that is generated from the activity minus any organic solvent that is recycled on-site for operations other than cleaning or washoff and any organic solvent disposed off-site;

5. Spray booth cleaning not using compounds containing more than eight (8.0) percent by weight of VOC for cleaning spray booth components other than conveyors, continuous coaters and their enclosures, and/or metal filters, unless the spray booth is being refurbished. If the spray booth is being refurbished (that is, the spray booth coating or other material used to cover the booth is being replaced), the affected source shall use no more than one (1.0) gallon of organic solvent to prepare the booth prior to applying the booth coating;

6. Storage requirements to ensure that owners or operators of affected sources use normally closed containers for storing finishing, cleaning, and washoff materials;

7. Application equipment requirements to ensure owners or operators of affected sources do not use conventional air spray guns for applying finishing materials except for the following conditions:

A. When applying finishing materials that have a VOC content no greater than 1.0 kg VOC/kg solids (1.0 lb VOC/lb solids), as applied;

B. To touch-up and repair when— (I) The finishing materials are applied after completion of the finishing operation; or (II) The finishing materials are applied after the stain and before any other type of finishing material is applied, and the finishing materials are applied from a container that has a volume of no more than two (2.0) gallons;

C. When spray is automated (that is, the spray gun is aimed and triggered automatically, not manually);

D. When emissions from the finishing application station are directed to a control device;

E. When the conventional air spray gun is used to apply finishing materials and the cumulative total usage of that finishing material is no more than five (5.0) percent of the total gallons of finishing material used during that semiannual reporting period; or F. When the conventional air spray gun is used to apply stain on a part for which it is technically or economically infeasible to use any other spray application technology.

For this condition, the owner or operator of the affected source shall demonstrate why it is technically or economically infeasible by submitting to the department documentation to support the affected source’s claim. The support documentation shall include the following criteria, either independently or in combination:

(I) The production speed is too high or the part shape is too complex for one (1) operator to coat the part and the finishing application station is not large enough to accommodate an additional operator; or (II) The excessively large vertical spray area of the part makes it difficult to avoid sagging or runs in the stain;

8. Line cleaning that pumps or drains all organic solvent used for line cleaning into a normally closed container;

9. Gun cleaning that collects all organic solvent used to clean spray guns into a normally closed container; and 10. Washoff operations that control emissions from washoff operations by— A. Using normally closed tanks for washoff; and B. Minimizing dripping by tilting or rotating the part to drain as much organic solvent as possible.

(C) Compliance Procedures and Monitoring Requirements.

1. The owner or operator of an affected source subject to the emission standards in subsection (3)(A) of this rule shall demonstrate compliance with those requirements by using one (1) of the following methods:

A. To demonstrate that each sealer, topcoat, and strippable booth coating meets the applicable requirements of paragraphs (3)(A)1. and (3)(A)5. of this rule, the owner or operator shall maintain certified product data sheets for each of these finishing materials. If solvent or other VOC is added to the finishing material before application, the owner or operator shall maintain documentation showing the VOC content of the finishing material as applied, in kg VOC/kg solids (lb VOC/lb solids); or B. To demonstrate compliance through the use of a control system (capture device/control device) per paragraph (3)(A)3. of this

rule, the owner or operator shall— (I) Determine the overall control efficiency needed to demonstrate compliance using Equation (3) as follows;

R = [(C – E)/C] × 100 (3)

R =the overall efficiency of the control system, expressed as a percentage;

C =the VOC content of a coating (C), in kilograms of VOC per kilogram of coating solids (kg VOC/kg solids), as applied. Also given in pounds of VOC per pound of coating solids (lb VOC/lb solids), as applied; and E =the emission limit achieved by the affected emission point(s), in kg VOC/kg solids;

(II) Document that the value of C in Equation (3) is obtained from the VOC and solids content of the as-applied finishing material; and (III) Calculate the overall efficiency of the control device, using the procedure in subsection (5)(D) of this rule, and demonstrate that the value of the overall efficiency of the control system, expressed as a percentage, is equal to or greater than the value of R calculated by Equation (3); or C. To demonstrate compliance through the use of a combination of the methods per paragraph (3)(A)4. of this rule, the owner or operator shall meet all individual compliance requirements for the applicable methods being combined.

2. Initial compliance.

A. The owner or operator of an affected source subject to a requirement of paragraph (3)(A)1. or (3)(A)5. of this rule that is complying through the method established in subparagraph (3)(C)1.A. of this

rule, shall submit an initial compliance status report, as required by paragraph (4)(A)2. of this rule, stating that compliant sealers and/or topcoats and strippable booth coatings are being used by the affected source.

B. The owner or operator of an affected source subject to a requirement of paragraph (3)(A)1. of this rule that is complying through the method established in subparagraph (3)(C)1.A. of this rule and is applying sealers and/or topcoats using continuous coaters shall demonstrate initial compliance by— (I) Submitting an initial compliance status report stating that compliant sealers and/or topcoats, as determined by the VOC content of the finishing material in the reser voir and the VOC content as calculated from records, are being used; or (II) Submitting an initial compliance status report stating that compliant sealers and/or topcoats, as determined by the VOC content of the finishing material in the reservoir, are being used and the viscosity of the finishing material in the reservoir is being monitored. The affected source shall also provide data that demonstrates the correlation between the viscosity of the finishing material and the VOC content of the finishing material in the reservoir.

C. The owner or operator of an affected source demonstrating compliance with this rule through the use of a control system (capture device/control device) per paragraph (3)(A)3. and subparagraph (3)(C)1.B. of this rule, shall demonstrate initial compliance by— (I) Submitting a monitoring plan that identifies the operating parameter to be monitored for the capture device and discusses why the parameter is appropriate for demonstrating ongoing compliance;

(II) Conducting an initial performance test using the procedures and test methods listed in subsections (5)(C) and (5)(D) of this rule (test methods in paragraphs (5)(C)3., (5)(C)4., and (5)(C)5. of this rule shall be performed, as applicable, at least twice during each test period);

(III) Calculating the overall control efficiency using the procedure in subsection (5)(D) of this rule;

(IV) Determining those operating conditions critical to determining compliance and establishing operating parameters that will ensure compliance with the standard as (a) For compliance with a thermal incinerator, minimum combustion temperature shall be the operating parameter;

(b) For compliance with a catalytic incinerator equipped with a fixed catalyst bed, the minimum gas temperature both upstream and downstream of the catalyst bed shall be the operating parameter;

(c) For compliance with a catalytic incinerator equipped with a fluidized catalyst bed, the minimum gas temperature upstream of the catalyst bed and the pressure drop across the catalyst bed shall be the operating parameters; and (d) For compliance with a carbon adsorber, the operating parameters shall be either the total regeneration mass stream flow for each regeneration cycle and the carbon bed temperature after each regeneration, or the concentration level of organic compounds exiting the adsorber, unless the owner or operator requests and receives approval from the director to establish other operating parameters; and (V) The owner or operator of an affected source demonstrating compliance with this rule per subparagraph (3)(C)2.C. of this rule shall calculate the site-specific operating parameter value as the arithmetic average of the maximum or minimum operating parameter values, as appropriate, that demonstrate compliance with the standards, during the three (3) test runs required by paragraph (5)(C)1. of this rule.

D. The owner or operator of an affected source subject to the work practice standards in subsection (3)(B) of this rule shall submit an initial compliance status report, as required by paragraph (4)(A)3. of this rule, stating that the work practice implementation plan has been developed and procedures have been established for implementing the provisions of the plan.

(D) Special Requirements for Sources Using An Averaging Approach. The owner or operator of an affected source complying with the emission limitations in subsection (3)(A) of this rule through the procedures established in paragraph (3)(A)2. of this rule shall also meet the following requirements:

1. Program goals and rationale. The owner or operator of the affected source shall provide a summary of the reasons why the affected source would like to comply with the emission limitations through the procedures established in paragraph (3)(A)2. of this rule and a summary of how averaging can be used to meet the emission limitations. The affected source shall also document that the additional environmental benefit requirement is being met through the use of the inequalities in paragraph (3)(A)2. of this rule. These inequalities ensure that the affected source is achieving an additional ten percent (10%) reduction in emissions when compared to affected sources using a compliant coatings approach to meet the requirements of the 2. Program scope. The owner or operator of the affected source shall describe the types of finishing materials that will be included in the affected source’s averaging program.

Stains, basecoats, washcoats, sealers, and topcoats may all be used in the averaging program. Finishing materials applied using continuous coaters may only be used in an averaging program if the affected source can determine the amount of finishing material used each day;

3. Program baseline. The baseline for each finishing material included in the averaging program shall be the lower of the actual or allowable emission rate as of the effective date of this rule;

4. Quantification procedures. The owner or operator of the affected source shall specify methods and procedures for quantifying emissions. Quantification procedures for VOC content are included in section (5) of this rule. The owner or operator shall specify methods to be used for determining the usage of each finishing material. The quantification methods used shall be accurate enough to ensure that the affected source’s actual emissions are less than the allowable emissions, as calculated using Inequality (1) or (2) in paragraph (3)(A)2. of this rule, on a daily basis to a level of certainty comparable to that for traditional control strategies applicable to surface coating sources;

5. Monitoring, record keeping, and reporting. The owner or operator of an affected source shall provide a summary of the monitoring, record keeping, and reporting procedures that will be used to demonstrate daily compliance with the inequalities presented in paragraph (3)(A)2. of this rule.

The monitoring, record keeping, and reporting procedures shall be structured in such a way that inspectors and facility owners can determine an affected source’s compliance status for any day. Furthermore, the procedures shall include methods for determining required data when monitoring, record keeping, and reporting violations result in missing, inadequate, or erroneous monitoring and record keeping. These procedures must ensure that sources have sufficiently strong incentive to properly perform monitoring and record keeping;

6. Implementation schedule. The owner or operator of an affected source shall submit an averaging proposal for state and EPA approval by July 31, 2001; and 7. Administrative procedures. Any affected source may submit an averaging approach proposal to the director for consideration in meeting the compliance requirements of this rule. The director shall take the following actions:

A. Determine whether or not the proposal submittal is complete and notify the submitter of the completeness status within thirty (30) calendar days of receipt of the proposal; and B. Approve or disapprove the proposal within thirty (30) calendar days of determining that a proposal submittal is complete.

(4) Reporting and Record Keeping.

(A) Reporting Requirements.

1. The owner or operator of an affected source using a control system to comply with this rule is required to submit a written report of the results from the performance test in (3)(C)2.C.(II) of this rule to the director within sixty (60) calendar days of completion of the performance test.

2. The owner or operator of an affected source subject to this rule shall submit an initial compliance report within sixty (60) calendar days after the compliance date. The report shall include the items required in paragraph (3)(C)2. of this rule.

3. The owner or operator of an affected source subject to this rule and demonstrating compliance in accordance with subparagraph (3)(C)1.A. or (3)(C)1.B. of this rule shall submit a semiannual report covering the previous six (6) months of wood furniture manufacturing operations according to the following schedule:

A. The first report shall be submitted thirty (30) calendar days after the end of the first six (6)-month period following the compliance date;

B. Subsequent reports shall be submitted within thirty (30) calendar days after the end of each six (6)-month period following the first report; and C. Each semiannual report shall include a statement of whether the affected source was in compliance or noncompliance, and, if the affected source was in noncompliance, the measures taken to bring the affected source into compliance.

(B) Record Keeping Requirements.

1. The owner or operator of an affected source subject to the emission standards in subsection (3)(A) of this rule shall maintain records of the following:

A. A certified product data sheet for each finishing material and strippable booth coating subject to the emission limits in sub-

section (3)(A) of this rule; and B. The VOC content, kg VOC/kg solids (lb VOC/lb solids), as applied, of each finishing material and strippable booth coating subject to the emission limits in subsection (3)(A) of this rule, and copies of data sheets documenting how the as-applied values were determined.

2. The owner or operator of an affected source following the compliance method of subparagraph (3)(C)1.B. of this rule shall maintain the following records:

A. Copies of the calculations to support the equivalency of using a control system, as well as the data necessary to support the calculation of E in Equation (3) and the calculation of overall efficiency for a control system for subsection (5)(D) of this rule;

B. Records of the daily average value of each continuously monitored parameter for each operating day. If all recorded values for a monitored parameter are within the range established during the initial performance test, the owner or operator may record that all values were within the range rather than calculating and recording an average for that day; and C. Records of the pressure drop across the catalyst bed for facilities complying with the emission limitations using a catalytic incinerator with a fluidized catalyst bed.

3. The owner or operator of an affected source subject to the work practice standards in subsection (3)(B) of this rule shall maintain, on-site, the work practice implementation plan and all records associated with fulfilling the requirements of that plan, including, but not limited to:

A. Records demonstrating that the operator training program is in place;

B. Records maintained in accordance with the inspection and maintenance plan;

C. Records associated with the cleaning solvent accounting system;

D. Records associated with the limitation on the use of conventional air spray guns showing total finishing material usage and the percentage of finishing materials applied with conventional air spray guns for each semiannual reporting period;

E. Records showing the VOC content of compounds used for cleaning booth components, except for solvent used to clean conveyors, continuous coaters and their enclosures, and/or metal filters; and F. Copies of logs and other documentation developed to demonstrate that the other provisions of the work practice implementation plan are followed.

4. In addition to the records required by paragraph (4)(B)1. of this rule, the owner or operator of an affected source that complies through the method established in subparagraph (3)(C)1.A. or by demonstrating compliance with subsection (3)(A) of this rule shall maintain a copy of the compliance certifications submitted in accordance with paragraph (4)(A)3. of this rule for each semiannual period following the compliance date.

5. The owner or operator of an affected source shall maintain a copy of all other information submitted with the initial status report required by paragraph (4)(A)2. of this

rule and the semiannual reports required by paragraph (4)(A)3. of this rule.

6. The owner or operator of an affected source shall maintain all records for a minimum of five (5) years.

7. Failure to maintain the records required by paragraphs (4)(B)1. through (4)(B)6. of this rule constitutes a violation of the rule for each day records are not maintained.

(5) Test Methods.

(A) The VOC content and the solids content by weight of the as-supplied finishing materials shall be determined by Method 24 as specified in 10 CSR 10-6.030(22). The owner or operator of the affected source may request approval from the director to use an alternative or equivalent method for determining the VOC content of the finishing material.

(B) Owners or operators demonstrating compliance with the provisions of this rule via a control system shall determine the overall control efficiency of the control system (R) as the product of the capture and control device efficiencies, using the test methods cited in subsection (5)(C) of this rule and the procedure in subsection (5)(D) of this rule.

(C) Owners or operators using a control system shall demonstrate initial compliance using the following 40 CFR 60 methods as incorporated by reference in 10 CSR 10- 1. The VOC concentration of gaseous air streams shall be determined with a test consisting of three (3) separate runs, each lasting a minimum of thirty (30) minutes using one (1) of the following reference methods:

A. Method 18;

B. Method 25; or C. Method 25A.

2. Sample and velocity traverses shall be determined by using one (1) of the following reference methods:

A. Method 1; or B. Method 1A.

3. Velocity and volumetric flow rates shall be determined by using one (1) of the following reference methods:

A. Method 2;

B. Method 2A;

C. Method 2C;

D. Method 2D;

E. Method 2F;

F. Method 2G; or G. Method 2H.

4. To analyze the exhaust gases, use Method 3.

5. To measure the moisture in the stack gas, use Method 4.

(D) Owners or operators using a control system to demonstrate compliance with this

rule shall determine capture efficiencies by using test methods stated in 10 CSR 10- 6.030(20).

Feb. 29, 2000. Amended: Filed May 9, 2018, effective Feb. 28, 2019.

##### **10 CSR 10-5.540** Control of Emissions From Batch Process Operations batch process operations by incorporating reasonably available control technology (RACT) in the St. Louis 1997 ozone nonattainment area as required by the Clean Air Act Amendments (CAAA) of 1990. {#sec-10-csr-10-5.540 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.540}

rial. The entire text of the rule is printed (1) Applicability.

(A) This rule applies throughout the City (B) This rule applies to all batch process operations that have the potential to emit one hundred (100) tons or more per year of volatile organic compounds (VOC) at facilities identified by any of the following four (4)-digit standard industrial classification (SIC) codes, as defined in the 1987 edition of the Federal Standard Industrial Classification Manual, which is hereby incorporated by reference in this rule, as published by the Executive Office of the President, Office of Management and Budget. Copies can be Washington, DC 20401. This rule does not additions:

1. SIC 2821 Plastics Materials, Synthetic Resins, and Nonvulcanizable Elastomers;

2. SIC 2833 Medicinal Chemicals and Botanical Products;

3. SIC 2834 Pharmaceutical Preparations;

4. SIC 2861 Gum and Wood Chemicals;

5. SIC 2865 Cyclic Organic Crudes and Intermediates, and Organic Dyes and Pigments;

6. SIC 2869 Industrial Organic Chemicals, Not Elsewhere Classified; or 7. SIC 2879 Pesticides and Agricultural Chemicals, Not Elsewhere Classified.

(C) The following single unit operations and batch process trains are exempt from the control requirements of section (3) of this

rule. However, the record keeping and reporting requirements in section (4) of this rule shall apply to such single unit operations and batch process trains:

1. Within a batch process operation, any single unit operation with uncontrolled total annual mass emissions of less than or equal to five hundred (500) pounds per year (lb/yr) of VOC. These single unit operations are also excluded from the calculation of the total annual mass emissions for a batch process train. If the uncontrolled total annual mass emissions from an exempt single unit operation exceed five hundred (500) lb/yr of VOC in any subsequent year, the owner or operator shall calculate applicability in accordance with subsection (1)(E) of this rule for both the individual single unit operation and the batch process train containing the single unit operation; and 2. Any batch process train containing process vents that have, in the aggregate, uncontrolled total annual mass emissions, as determined in accordance with paragraph (3)(D)1. of this rule, of less than thirty thousand (30,000) lb/yr of VOC for all products manufactured in that batch process train.

(D) The applicability equations in subsection (1)(E) of this rule, which require the calculation of uncontrolled total annual mass emissions and flow rate value, shall be used to determine whether a single unit operation or a batch process train is subject to the control requirements in section (3) of this rule.

The applicability equations apply to the fol- 1. Any single unit operation with uncontrolled total annual mass emissions that exceed five hundred (500) lb/yr of VOC and a VOC concentration greater than five hundred (500) parts per million by volume (ppmv). In this individual determination, the applicability analysis should not be performed for any single unit operation with a VOC concentration less than or equal to five hundred (500) ppmv; and 2. Any batch process train containing process vents which, in the aggregate, have uncontrolled total annual mass emissions of thirty thousand (30,000) lb/yr or more of VOC from all products manufactured in the batch process train. Any single unit operation with uncontrolled total annual mass emissions exceeding five hundred (500) lb/yr, regardless of VOC concentration, shall be included in the aggregate applicability analysis.

(E) Applicability Equations. The applicability equations in this rule subsection are specific to volatility.

1. Weighted average volatility (WAV) shall be calculated as follows:

∑ [(VP

) × (MVOC i=1 [(MWVOC WAV = ∑ [(MVOC i=1 [(MWVOC WAV =weighted average volatility;

MVOC =mass of VOC component i;

MWVOC =molecular weight of VOC component i; and VP =vapor pressure of VOC component i.

2. For purposes of determining applicability, flow rate values shall be calculated as A. For low WAV has a vapor pressure less than or equal to seventy-five (75) millimeters of Mercury (mmHg) at twenty degrees Celsius (20 °C), and shall use the following equation:

FR = [0.07 (UTAME)] – 1,821

FR =Vent stream flow rate, expressed as standard cubic feet per minute (scfm);

UTAME =Uncontrolled total annual mass emissions of VOC, expressed as lb/yr;

B. Moderate WAV has a vapor pressure greater than seventy-five (75) mmHg but less than or equal to one hundred fifty (150) mmHg at twenty degrees Celsius (20 °C), and shall use the following equation:

FR = [0.031 (UTAME)] – 494

C. High WAV has a vapor pressure greater than one hundred fifty (150) mmHg at twenty degrees Celsius (20 °C), and shall use the following equation:

FR = [0.013 (UTAME)] – 301

3. To determine the vapor pressure of VOC, the applicable methods and procedures in section (5) of this rule shall apply.

(F) In the event that other rules in Title 10 are also applicable to batch process operations, the more stringent rule shall apply.

(2) Definitions.

(A) Batch—A discontinuous process involving the bulk movement of material through sequential manufacturing steps, typically characterized as non-steady-state.

(B) Batch cycle—A manufacturing event of an intermediate or product from start to finish in a batch process.

(C) Batch process operation—A discontinuous operation in which a discrete quantity or batch of feed is charged into a chemical manufacturing process unit and distilled or reacted, or otherwise used at one time, and may include, but is not limited to, reactors, filters, dryers, distillation columns, extractors, crystallizers, blend tanks, neutralizer tanks, digesters, surge tanks and product separators.

After each batch process operation, the equipment is generally emptied before a fresh batch is started.

(D) Batch process train—The collection of equipment (e.g., reactors, filters, dryers, distillation columns, extractors, crystallizers, blend tanks, neutralizer tanks, digesters, surge tanks and product separators) configured to produce a product or intermediate by a batch process operation. A batch process train terminates at the point of storage of the product or intermediate being produced in the batch process train. Irrespective of the product being produced, a batch process train which is independent of other processes shall be considered a single batch process train for (E) Control devices—Air pollution abatement devices. For purposes of this rule, condensers operating under reflux conditions are not considered control devices.

(F) Emission events—Discrete venting episodes that may be associated with a single unit of operation.

(G) Processes—Any equipment within a contiguous area that are connected together during the course of a year where connected is defined as a link between equipment, whether it is physical, such as a pipe, or whether it is next in a series of steps from which material is transferred from one unit operation to another.

(H) Unit operations—Discrete processing steps that occur within distinct equipment that are used to prepare reactants, facilitate reactions, separate and purify products, and recycle materials.

(I) Vent—A point of emission from a unit operation. Typical process vents from batch processes include condenser vents, vacuum pumps, steam ejectors, and atmospheric vents from reactors and other process vessels.

Vents also include relief valve discharges.

Equipment exhaust systems that discharge from unit operations also would be considered process vents.

(J) Volatile organic compound (VOC)— The definition for this term can be found in 10 CSR 10-6.020.

(K)

Volatility—For purposes of this rule, low volatility materials are defined as those which have a vapor pressure less than or equal to seventy-five (75) mmHg at twenty degrees Celsius (20 °C), moderate volatility materials have a vapor pressure greater than seventy-five (75) and less than or equal to one hundred fifty (150) mmHg at twenty degrees Celsius (20 °C), and high volatility materials have a vapor pressure greater than one hundred fifty (150) mmHg at twenty degrees Celsius (20 °C). To evaluate VOC volatility for single unit operations that service numerous VOCs or for processes handling multiple VOCs, the weighted average volatility can be calculated from knowing the total amount of each VOC used in a year, and the individual component vapor pressure, per the equation in paragraph (1)(E)1. of this rule.

(3) General Provisions.

(A) Every owner or operator of a single unit operation with an average flow rate, as determined in accordance with paragraph (3)(D)2. of this rule, below the flow rate value calculated by the applicability equations contained in subsection (1)(E) of this rule, shall reduce uncontrolled VOC emissions from that single unit operation by an overall efficiency, on an annual average, of at least ninety percent (90%), or twenty (20) ppmv, per batch cycle.

(B) Every owner or operator of a batch process train with an average flow rate, as determined in accordance with subparagraph (3)(D)2.B. of this rule, below the flow rate value calculated by the applicability equations contained in subsection (1)(E) of this rule, shall reduce uncontrolled VOC emissions from that batch process train by an overall efficiency, on an annual average, of at least ninety percent (90%), or twenty (20) ppmv, per batch cycle. Any control device meeting the criteria in subsection (3)(C) of this rule is presumed to have a control efficiency of ninety percent (90%), or twenty (20) ppmv, per batch cycle, as applicable.

(C) Control Equipment Specifications.

1. If a boiler or process heater is used to comply with this rule section, the vent stream shall be introduced into the flame zone of the boiler or process heater. The boiler or process heater shall meet the control device requirements for boilers and process heaters included in 40 CFR 60.703, 60.704, and 60.705, as specified in 10 CSR 10-6.070 (3)(A)1.

2. If a flare is used to comply with this

rule section, it shall comply with the requirements of 40 CFR 60.18, as specified in 10 CSR 10-6.070 (3)(A)1. If a process not subject to this rule vents an emergency relief discharge into a common flare header and causes the flare servicing the process subject to this rule to violate any of the provisions of 40 CFR 60.18, the flare will be temporarily exempt from those provisions. This exemption from flare specification requirements is only valid during the emergency relief venting discharge.

3. If an afterburner, scrubber, absorber, condenser, or adsorber is used to comply with this rule section, those equipment shall meet the control device requirements included in 40 CFR 60.703, 60.704, and 60.705, as specified in 10 CSR 10-6.070 (3)(A)1.

4. If an incinerator is used to comply with this rule section, the incinerator shall meet the control device requirements for incinerators included in 40 CFR 60.703, 60.704, and 60.705, as specified in 10 CSR 10-6.070 (3)(A)1.

(D) Determination of uncontrolled total annual mass emissions and actual weighted average flow rate values for batch process operations.

1. Uncontrolled total annual mass emissions shall be determined by the following methods:

A. Direct process vent emissions measurements taken prior to any release to the atmosphere, following any recovery device and prior to any control device, provided these measurements conform with the requirements of measuring the mass flow rate of VOC incoming to the control device as in paragraph (5)(F)2. and subparagraphs (5)(F)3.A. and (5)(F)3.B. of this rule; or B. Engineering estimates of the uncontrolled VOC emissions from a process vent or process vents, in the aggregate, within a batch process train, using either the potential or permitted number of batch cycles per year or total production as represented in the source’s operating permit.

(I) Engineering estimates of the uncontrolled VOC emissions shall be based upon accepted chemical engineering principles, measurable process parameters, or physical or chemical laws and their properties. Examples of methods include, but are not limited to, the following:

(a) Use of material balances based on process stoichiometry to estimate maximum VOC concentrations;

(b) Estimation of maximum flow rate based on physical equipment design such as pump or blower capacities; and (c) Estimation of VOC concentrations based on saturation conditions.

(II) All data, assumptions, and procedures used in any engineering estimate shall be documented.

2. Average flow rate shall be determined by any of the following methods:

A. Direct process vent flow rate measurements taken prior to any release to the atmosphere, following any recovery device and prior to any control device, provided such measurements conform with the requirements of measuring incoming volumetric flow rate in paragraph (5)(F)2. of this rule;

B. Average flow rate for a single unit operation having multiple emission events or batch process trains shall be the weighted average flow rate, calculated as follows:

WAF =Actual weighted average flow rate for a single unit operation or batch process train;

AFR =Average flow rate per emission event;

ADE =Annual duration of emission event; n =Number of emission events.

For purposes of this formula, the term “emission event” shall be defined as a discrete period of venting that is associated with a single unit operation. For example, a displacement of vapor resulting from the charging of a single unit operation with VOC will result in a discrete emission event that will last through the duration of the charge and will have an average flow rate equal to the rate of the charge. The expulsion of expanded vapor space when the single unit operation is heated is also an emission event. Both of these examples of emission events and others may occur in the same single unit operation during the course of the batch cycle. If the flow rate measurement for any emission event is zero, according to paragraph (5)(F)2. of this rule, then such event is not an emission event for purposes of this rule section; or C. Engineering estimates calculated in accordance with the requirements in subparagraph (3)(E)1.B. of this rule.

3. For purposes of determining the average flow rate for steam vacuuming systems, the steam flow shall be included in the average flow rate calculation.

4. In cases where two (2) or more single unit operations share a process vent and where flow measurement for such single unit operations is difficult, alternate methods of flow measurement may be used only when approved by the department.

(4) Reporting and Record Keeping.

(A) Every owner or operator of a single unit operation or batch process train exempt under paragraph (1)(C)1. or (1)(C)2. of this

rule shall keep records of the uncontrolled total annual mass emissions and documentation verifying these values or measurements.

The documentation shall include the engineering calculations, any measurements made in accordance with section (5) of this rule, ∑ (AFR × ADE ∑ (ADE WAF = and the potential or permitted number of batch cycles per year, or, in the alternative, total production as represented in the facility’s operating permit.

(B) Every owner or operator of a single unit operation exempt under subsection (1)(D) of this rule shall keep the following records:

1. The uncontrolled total annual mass emissions and documentation verifying these values or measurements. The documentation shall include any engineering calculations, any measurements made in accordance with

section (5) of this rule, and the potential or permitted number of batch cycles per year or, in the alternative, total production as represented in the source’s operating permit; and 2. The average flow rate in standard cubic feet per minute (scfm) and documentation verifying this value.

(C) Every owner or operator of a batch process operation subject to the control requirements of section (3) of this rule shall keep records of the following parameters required to be monitored under subsection (4)(H) of this rule:

1. If using a thermal or catalytic afterburner to comply with section (3) of this rule, records indicating the average combustion chamber temperature of the afterburner or the average temperature upstream and downstream of the catalyst bed for a catalytic afterburner, measured continuously and averaged over the same time period as the performance test;

2. If using a flare to comply with section (3) of this rule, continuous records of the flare pilot flame monitoring and records of all periods of operations during which the pilot flame is absent; or 3. If using any of the following as a control device, the following records:

A. Where a scrubber is used, the exit specific gravity or alternative parameter which is a measure of the degree of absorbing liquid saturation, if approved by the department, and the average exit temperature of the absorbing liquid, measured continuously and averaged over the same time period as the performance test both measured while the vent stream is routed normally;

B. Where a condenser is used, the average exit or product side temperature measured continuously and averaged over the same time period as the performance test while the vent stream is routed normally;

C. Where a carbon adsorber is used, the total steam mass flow measured continuously and averaged over the same time period as the performance test full carbon bed cycle, temperature of the carbon bed after regeneration and within fifteen (15) minutes after completion of any cooling cycle(s), and duration of the carbon bed steaming cycle all measured while the vent stream is routed normally; or D. As an alternative to subparagraphs (4)(C)3.A., (4)(C)3.B., or (4)(C)3.C. of this

rule, at a minimum, records indicating the concentration level or reading indicated by the VOC monitoring device at the outlet of the scrubber, condenser, or carbon adsorber, measured continuously and averaged over the same time period as the performance test while the vent stream is routed normally.

(D) Every owner or operator of a single unit operation claiming a vent stream concentration exemption level shall maintain records to indicate the vent stream concentration is less than or equal to five hundred (500) ppmv, and shall notify the department in writing if the vent stream concentration at any time equals or exceeds five hundred (500) ppmv, within sixty (60) days after such event. Such notification shall include a copy of all records of such event.

(E) An owner or operator of a batch process operation subject to the control requirements of section (3) of this rule may maintain alternative records other than those listed in subsection (4)(C) of this rule. Any alternative record keeping shall be approved by the department and shall be contained in the source’s operating permit as federally enforceable permit conditions.

(F) The owner or operator of a single unit operation or batch process train exempt from the control requirements of section (3) of this

rule shall notify the department in writing if the uncontrolled total annual mass emissions exceed the threshold in paragraph (1)(C)1. or (1)(C)2. of this rule, respectively, within sixty (60) days after the event occurs. This notification shall include a copy of all records of the event.

(G) All records required under this rule

section shall be maintained on-site for at least five (5) years and made available to the department immediately upon request.

(H) Monitoring Requirements.

1. Every owner or operator using an afterburner to comply with section (3) of this operate, according to manufacturer’s specifications, temperature monitoring devices with an accuracy of plus or minus one percent (± 1%) of the temperature being measured expressed in degrees Celsius, equipped with continuous recorders.

A. Where a catalytic afterburner is used, temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed.

B. Where an afterburner other than a catalytic afterburner is used, a temperature monitoring device shall be installed in the combustion chamber.

2. Every owner or operator using a flare to comply with section (3) of this rule, shall according to manufacturer’s specifications, a heat sensing device, such as an ultraviolet beam sensor or thermocouple, at the pilot light to indicate continuous presence of a flame.

3. Every owner or operator using a scrubber to comply with section (3) of this operate, according to manufacturer’s specifications, the following:

A. A temperature monitoring device for scrubbant liquid having an accuracy of plus or minus one percent (± 1%) of the temperature being monitored expressed in degrees Celsius and a specific gravity device for scrubbant liquid, each equipped with a continuous recorder; or B. A VOC monitoring device used to indicate the concentration of VOC exiting the control device based on a detection principle such as infrared, photoionization, or thermal conductivity, each equipped with a continuous recorder.

4. Every owner or operator using a condenser to comply with section (3) of this rule shall install, calibrate, maintain, and operate, according to manufacturer’s specifications, A. A condenser exit temperature monitoring device equipped with a continuous recorder and having an accuracy of plus or minus one percent (± 1%) of the temperature being monitored expressed in degrees Celsius; or B. A VOC monitoring device used to indicate the concentration of VOC such as infrared, photoionization, or thermal conductivity, each equipped with a continuous recorder.

5. Every owner or operator using a carbon adsorber to comply with this rule shall tions, the following equipment:

A. An integrating regeneration stream flow monitoring device having an accuracy of plus or minus ten percent (± 10%), and a carbon bed temperature monitoring device having an accuracy of plus or minus one percent (± 1%) of the temperature being monitored expressed in degrees Celsius, both equipped with a continuous recorder; or B. A VOC monitoring device used to indicate the concentration level of VOC exiting the device based on a detection principle such as infrared, photoionization, or thermal conductivity, each equipped with a continuous recorder.

6. Every owner or operator using a boiler or process heater with a design heat input capacity less than forty-four (44) megawatts to comply with section (3) of this rule shall tions, a temperature monitoring device in the firebox with an accuracy of plus or minus one measured expressed in degrees Celsius, equipped with a continuous recorder. Any boiler or process heater in which all process vent streams are introduced with primary fuel is exempt from this requirement.

7. The owner or operator of a process vent shall be permitted to monitor by an alternative method or may monitor parameters other than those listed in paragraphs (4)(I)1. through (4)(I)6. of this rule, if approved by the department. The alternative method or parameters shall be contained in the source’s operating permit as federally enforceable permit conditions.

(5) Test Methods.

(A) Upon the department’s request, the owner or operator of a batch process operation shall conduct testing to demonstrate compliance with section (3) of this rule. The owner or operator shall, at its own expense, conduct these tests in accordance with the applicable test methods and procedures specified in subsections (5)(D), (5)(E), and (5)(F)

(B) Notwithstanding subsection (5)(A) of this rule, flares and process boilers used to comply with control requirements of section (3) of this rule shall be exempt from performance testing requirements.

(C) When a flare is used to comply with the control requirements of section (3) of this

rule, the flare shall comply with the requirements of 40 CFR 60.18, as specified in 10 CSR 10-6.070(3)(A)1.

(D) The owner or operator of a batch process operation that is exempt from the control requirements of section (3) of this rule shall demonstrate, upon the department’s request, the absence of oversized gas moving equipment in any manifold. Gas moving equipment shall be considered oversized if it exceeds the maximum requirements of the exhaust flow rate by more than thirty percent (30%).

(E) For the purpose of demonstrating compliance with the control requirements in section (3) of this rule, the batch process operation shall be run at representative operating conditions and flow rates during any performance test.

(F) The following methods in 40 CFR 60,

Appendix A, as specified in 10 CSR 10- 6.030(22), shall be used to demonstrate compliance with the reduction efficiency requirement in section (3) of this rule:

1. Method 1 or 1A, as appropriate, for selection of the sampling sites if the flow measuring device is not a rotameter. The control device inlet sampling site for determination of vent stream VOC composition reduction efficiency shall be prior to the control device and after the control device;

2. Method 2, 2A, 2C, 2D, 2F, 2G, or 2H as appropriate, for determination of gas stream volumetric flow rate flow measurements, which shall be taken continuously. No traverse is necessary when the flow measuring device is an ultrasonic probe; and 3. Method 25A or Method 18, if applicable, to determine the concentration of VOC in the control device inlet and outlet, where— A. The sampling time for each run shall be as follows:

(I) For batch cycles less than eight (8) hours in length, appropriate operating parameters shall be recorded at a minimum of fifteen (15)-minute intervals during the batched period;

(II) For batch cycles of eight (8) hours and greater in length, the owner or operator may either test in accordance with the test procedures defined in part (5)(F)3.A.(I) of this rule or the owner or operator may elect to perform tests, pursuant to either Method 25A or Method 18, only during those portions of each emission event which profiles a representative sample occurring within the batch cycle. For each emission event of less than four (4) hours in duration, the owner or operator shall test continuously over the entire emission event as in part (5)(F)3.A.(I) of this rule. For each emission event of greater than four (4) hours in duration, the owner or operator shall elect either to perform a minimum of three (3) one-hour test runs during the emission event or shall test continuously over the entire emission event within each single unit operation in the batch process train. The owner or operator shall define the total batch process by all its intrinsic emission events. To demonstrate that the portion of the emission event to be tested profiles a representative sample occurring within the batch cycle, the owner or operator electing to rely on this option shall develop an emission profile for each entire emission event. These emission profiles shall be based upon either process knowledge or test data collected. Examples of information that could constitute process knowledge include, but are not limited to, calculations based on material balances, duration, emission levels, constituents, reactants, byproducts, and process stoichiometry. Previous test results may be used provided the results are still relevant to the current process vent stream conditions; or (III) For purposes of paragraph (5)(F)3. of this rule, the term “emission event” means a discrete period of venting that is associated with a single unit operation. For example, a displacement of vapor resulting from the charging of a single unit operation with VOC will result in a discrete emission event that will last through the duration of the charge and will have an average flow rate equal to the rate of the charge. The expulsion of expanded single unit operation vapor space when the vessel is heated is also an emission event. Both of these examples of emission events and others may occur in the same single unit operation during the course of the batch cycle. If the flow rate measurement for any emission event is zero (0), in accordance with paragraph (5)(F)2. of this rule, then this event is not an emission event for purposes of this rule section;

B. Calculate the mass emission rate (MER ) into the control device as follows:

MER =concentration into the control =flow rate into the control device;

C. Calculate the mass emission rate (MER ) out of the control device as follows:

MER =concentration out of the control =flow rate out of the control device;

D. Calculate the total overall control device efficiency (η) as follows: η=(MER – MER )/MER (G)

Upon request by the department to conduct testing, an owner or operator of a batch process operation which has installed a scrubber, a shell and tube condenser using a nonrefrigerated cooling media, or any other control device which meets the criteria of subsection (3)(C) of this rule, shall demonstrate that the device achieves the control efficiency applicable within section (3) of this (H) The owner or operator of a batch process operation may propose an alternative test method or procedures to demonstrate compliance with the control requirements in section (3) of this rule. Alternative methods or procedures may only be used after they are approved by the department.

(I) In the absence of a request by the department to conduct performance testing in accordance with the provisions of this rule

section, a source may demonstrate compliance by the use of engineering estimates or process stoichiometry.

Feb. 29, 2000. Amended: Filed May 9, 2018, effective Feb. 28, 2019. Amended: Filed Nov. 12, 2019, effective July 30, 2020.

##### **10 CSR 10-5.550** Control of Volatile Organic Compound Emissions From Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry {#sec-10-csr-10-5.550 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.550}

PURPOSE: This rule limits volatile organic compound emissions from reactor processes and distillation operations in the St. Louis 1997 eight (8)-hour ozone nonattainment area. entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no This note applies only to the reference material. The entire text of the rule is printed here.

(1) Applicability.

(A) The provisions of this rule apply to any vent stream originating from a process unit with a reactor process or distillation operation located in St. Louis City and Jefferson, St. Charles, Franklin and St. Louis Counties existing on February 29, 2000.

(B) Exemptions from the provisions of this

rule are as follows:

1. Any reactor process or distillation operation that is designed and operated in a batch mode is not subject to the provisions of 2. Any reactor process or distillation operation that is part of a polymer manufacturing operation is not subject to the provisions of this rule;

3. Any reactor process or distillation operation operating in a process unit with a total design capacity of less than one (1) gigagram (1,100 tons) per year for all chemicals produced within that unit is not subject to the provisions of this rule except for the reporting and record keeping requirements listed in subsection (4)(D) of this rule; and 4. Any vent stream for a reactor process or distillation operation with a flow rate less than 0.0085 standard cubic meter per minute or a total volatile organic compound (VOC) concentration less than five hundred (500) parts per million by volume is not subject to the provisions of this rule except for the performance testing requirement listed in subparagraph (3)(B)3.B., paragraph (3)(B)9. and the reporting and record keeping requirements listed in subsection (4)(C) of this rule.

(C) In the event that other rules in Title 10 are also applicable to reactor processes and distillation operation processes in the chemical manufacturing industry, the more stringent rule applies.

(2) Definitions.

(A) Batch mode—A noncontinuous operation or process in which a discrete quantity or batch of feed is charged into a process unit and distilled or reacted at one time.

(B) Boiler—Any enclosed combustion device that extracts useful energy in the form of steam.

(C) By compound—By individual stream components, not carbon equivalents.

(D) Continuous recorder—A data recording device recording an instantaneous data value at least once every fifteen (15) minutes.

(E) Distillation operation—An operation separating one (1) or more feed stream(s) into two (2) or more exit stream(s), each exit stream having component concentration different from those in the feed stream(s). The separation is achieved by the redistribution of the components between the liquid- and vapor-phase as they approach equilibrium within the distillation unit.

(F) Distillation unit—A device or vessel in which distillation operations occur, including all associated internals (such as trays or packing) and accessories (such as reboiler, condenser, vacuum pump, stream jet, etc.), plus any associated recovery system.

(G) Flame zone—The portion of the combustion chamber in a boiler occupied by the flame envelope.

(H) Flow indicator—A device that indicates whether gas flow is present in a vent stream.

(I) Halogenated vent stream—Any vent stream determined to have a total concentration of halogen atoms (by volume) contained in organic compounds of two hundred (200) parts per million by volume or greater determined by Method 18 of 40 CFR part 60,

Appendix A, as specified in 10 CSR 10- 6.030(22), or other test or data validated by Method 301 of 40 CFR part 63, Appendix A, or by engineering assessment or process knowledge that no halogenated organic compounds are present. Method 301 of 40 CFR 63, Appendix A, promulgated as of July 1, 2018 is hereby incorporated by reference in this rule, as published by the Office of the Federal Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street NW, Washington DC 20401. This rule does not incorporate any subsequent amendments or additions. For example, one hundred fifty (150) parts per million by volume of ethylene dichloride would contain three hundred (300) parts per million by volume of total halogen atoms.

(J) Incinerator—Any enclosed combustion device that is used for destroying organic compounds. Auxiliary fuel may be used to heat waste gas to combustion temperatures.

Any energy recovery section present is not physically formed into one section; rather, the energy recovery system is a separate section following the combustion section and the two are joined by ducting or connections that carry fuel gas.

(K) Primary fuel—The fuel that provides the principal heat input to the device. To be considered primary, the fuel must be able to sustain operation without the addition of other fuels.

(L) Process heater—A device that transfers heat liberated by burning fuel to fluids contained in tubes, including all fluids except water that is heated to produce steam.

(M) Process unit—Equipment assembled and connected by pipes or ducts to produce, as intermediates or final products, one or more SOCMI chemicals included in

Appendix A of Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations Manufacturing Industry, EPA-450/4-91-031.

Appendix A of Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations Manufacturing Industry, EPA-450/4-91-031 promulgated August 1993 is hereby incorporated by reference in this rule. Copies can be obtained from the National Service Center for Environmental Publications (NSCEP), PO Box 42419, Cincinnati, Ohio 45242- 0419. This rule does not incorporate any subsequent amendments or additions. A process unit can operate independently if supplied with sufficient feed or raw materials and sufficient product storage facilities.

(N) Product—Any compound or SOCMI chemical (see Appendix A of Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations Manufacturing Industry, EPA-450/4-91-031, as incorporated by reference in subsection (2)(M) of this rule) that is produced as that chemical for sales as a product, by-product, co-product, or intermediate or for use in the production of other chemicals or compounds.

(O) Reactor processes—Unit operations in which one (1) or more chemicals, or reactants other than air, are combined or decomposed in such a way that their molecular structures are altered and one or more new organic compounds are formed.

(P) Recovery device—An individual unit of equipment, such as an adsorber, carbon adsorber, or condenser, capable of and used for the purpose of recovering chemicals for use, reuse, or sale.

(Q) Recovery system—An individual recovery device or series of such devices applied to the same vent stream.

(R) Total organic compounds or “TOC”— Those compounds measured according to the procedures of Method 18 of 40 CFR part 60,

Appendix A. For the purposes of measuring molar compositions as required in subparagraph (3)(B)3.D.; hourly emissions rate as required in subparagraph (3)(B)5.D. and paragraph (3)(B)2.; and TOC concentration as required in paragraph (4)(A)4. The definition of TOC excluded those compounds that the administrator designates as having negligible photochemical reactivity. The adminis trator has designated the following organic compounds negligibly reactive: methane; ethane; 1,1,1-trichloroethane; methylene chloride; trichlorofluoromethane; dichlorodifluoromethane; chlorodifluoromethane; trifluoromethane; trichlorotrifluoroethane; dichlorotetrafluoroethane; and chloropentafluoroethane.

(S) Total resource effectiveness index value or “TRE index value”—A measure of the supplemental total resource requirement per unit reduction of organic hazardous air pollutants associated with a process vent stream, based on vent stream flow rate, emission rate of volatile organic compound, net heating value, and corrosion properties (whether or not the vent stream contains halogenated compounds) as quantified by the given equations. The TRE index is a decision tool used to determine if the annual cost of controlling a given vent gas stream is acceptable when considering the emissions reduction achieved.

(T) Vent stream—Any gas stream discharge directly from a distillation operation or reactor process to the atmosphere or indirectly to the atmosphere after diversion through other process equipment. The vent stream excludes relief valve discharges and equipment leaks including, but not limited to, pumps, compressors, and valves.

(U) Definitions of certain terms specified (3) General Provisions.

(A) Control Requirements.

1. For individual vent streams within a process unit with a TRE index value less than or equal to one (1.0), the owner or operator shall— A. Reduce emissions of TOC (less methane and ethane) by ninety-eight (98) weight-percent, or to twenty (20) parts per million by volume, on a dry basis corrected to three percent (3%) oxygen, whichever is less stringent. If a boiler or process heater is used to comply with this paragraph, then the vent stream shall be introduced into the flame zone of the boiler or process heater; or B. Combust emissions in a flare.

Flares used to comply with this paragraph shall comply with the requirements of 40 CFR 60.18. 40 CFR 60.18 promulgated as of July 1, 2018 is hereby incorporated by reference in this rule, as published by the Office of the Federal Register. Copies can be Washington DC 20401. The flare operation requirement does not apply if a process, not subject to this rule, vents an emergency relief discharge into a common flare header and causes the flare servicing the process subject to this rule to be out of compliance with one (1) or more of the provisions of the flare operation rule.

2. For each individual vent stream(s) within a process unit with a TRE index value greater than one (1.0), the owner or operator shall maintain vent stream parameters that result in a calculated total resource effectiveness greater than one (1.0) without the use of a volatile organic compound control device.

The TRE index shall be calculated at the outlet of the final recovery device.

(B) Total Resource Effectiveness Determination, Performance Testing, and Exemption Testing.

1. For the purpose of demonstrating compliance with the TRE index value in paragraph (3)(A)2. of this rule, engineering assessment may be used to determine process vent stream flow rate, net heating value, and TOC emission rate for the representative operating condition expected to yield the lowest TRE index value.

A. If the TRE value calculated using such engineering assessment and the TRE equation in subparagraph (3)(B)6.A. of this

rule is greater than four (4.0), then it is not recommended that the owner or operator perform the measures specified in paragraph (3)(B)5. of this rule.

B. If the TRE value calculated using such engineering assessment and the TRE equation in subparagraph (3)(B)6.A. of this

rule is less than or equal to four (4.0), then it is recommended that the owner or operator perform the measurements specified in paragraph (3)(B)5. of this rule.

C. Engineering assessment includes, but is not limited to, the following:

(I) Previous test results proved the test is representative of current operating practices at the process unit;

(II) Bench-scale or pilot-scale test data representative of the process under representative operating conditions;

(III) Maximum flow rate specified or implied within a permit limit applicable to the process vent;

(IV) Design analysis based on accepted chemical engineering principles, measurable process parameters, or physical or chemical laws or properties. Examples for analytical methods include, but are not limited to:

(a) Use of material balances based on process stoichiometry to estimate maximum VOC concentration;

(b) Estimation of maximum flow rate based on physical equipment design such as pump or blower capacities;

(c) Estimation of TOC concentrations based on saturation conditions; and (d) Estimation of maximum expected net heating value based on the stream concentration of each organic compound, or, alternatively, as if all TOC in the stream were the compound with the highest heating value; and (V) All data, assumptions, and procedures used in the engineering assessment shall be documented.

2. For the purpose of demonstrating compliance with the control requirements of this

rule, the process unit shall be run at representative operating conditions and flow rates during any performance test.

3. The following methods in 40 CFR

part 60, Appendix A, as specified in 10 CSR 10-6.030(22), shall be used to demonstrate compliance with the emission limit or percent reduction efficiency requirement listed in subparagraph (3)(A)1.A. of this rule:

A. Method 1 or 1A, as appropriate, for selection of the sampling sites. The control device inlet sampling site for determination of vent stream molar composition or TOC (less methane and ethane) reduction efficiency shall be located after the last recovery device but prior to the inlet of the control device, prior to any dilution of the process vent stream, and prior to release to the atmosphere;

B. Method 2, 2A, 2C, or 2D, as appropriate, for determination of gas stream volumetric flow rate;

C. The emission rate correction factor, integrated sampling, and analysis procedure of Method 3 to determine the oxygen concentration (%O ) for the purpose of determining compliance with the twenty (20) parts per million by volume limit. The sampling site shall be the same as that of the TOC samples, and samples shall be taken during the same time that the TOC samples are taken. The TOC concentration corrected to three percent (3%) oxygen (C ) shall be computed using the following equation: methane and ethane) corrected to three percent (3%) O , dry basis, parts per million by volume; methane and ethane), dry basis, parts per million by volume; and %O = Concentration of oxygen, dry

basis, percent by volume;

D. Method 18 to determine the concentration of TOC (less methane and ethane) at the outlet of the control device when determining compliance with the twenty (20) parts per million by volume limit, or at both the control device inlet and outlet when the reduction efficiency of the control device is to be determined.

(I) The minimum sampling time for each run shall be one (1) hour in which either an integrated sample or four (4) grab samples shall be taken. If grab sampling is used then the samples shall be taken at fifteen (15)minute intervals.

(II) The emission reduction (R) of TOC (less methane and ethane) shall be determined using the following equation:

– E R = × 100

Ei R = Emission reduction, percent by weight. = Mass rate of TOC (minus methane and ethane) entering the control device, kilogram TOC per hour. = Mass rate of TOC (minus methane and ethane) discharged to the atmosphere, kilogram TOC per hour.

(III) The mass rates of TOC (E i, shall be computed using the following equa- (∑ C ) Q ; and (∑ C ) Q , C = Concentration of sample component “j” of the gas stream at the inlet and out let of the control device, respectively, dry

basis, parts per million by volume; , M = Molecular weight of sample component “j” of the gas stream at the inlet and outlet of the control device, respectively, grams per gram-mole; , Q = Flow rate of gas stream at the inlet and outlet of the control device, respectively, dry standard cubic meters per minute; = 2.494 × 10 -6 (liters per minute)

(gram-mole per standard cubic meter)(kilogram per gram)(minute per hour), where standard temperature for (gram-mole per standard cubic meter) is twenty degrees Celsius (20 °C); and sample.

(IV) The TOC concentration (C ) is the sum of the individual components and shall be computed for each run using the following equation:

= ∑ C methane and ethane), dry basis, parts per million by volume; = Concentration of sample component “j”, dry basis, parts per million by volume; and n = Number of components in the sample;

E. When a boiler or process heater with a design heat input capacity of forty-four (44) megawatts or greater, or a boiler or process heater into which the process vent stream is introduced with the primary fuel, is used to comply with the control requirements, an initial performance test is not required.

4. When a flare is used to comply with the control requirements of this rule, the flare shall comply with the requirements of 40 CFR part 60.18.

5. The following test methods shall be used to determine compliance with the TRE index value:

A. Method 1 or 1A, as appropriate, for selection of the sampling site.

(I) The sampling site for the vent stream molar composition determination and flow rate prescribed in subparagraph (3)(B)5.B. and subparagraph (3)(B)5.C. of this rule shall be, except for the situations outlined in part (3)(B)5.A.(II) of this rule, after the final recovery device, if a recovery system is present, prior to the inlet of any control device, and prior to any post-reactor or post-distillation unit introduction of halogenated compounds into the process vent stream. No traverse site selection method is needed for vents smaller than ten (10) centimeters in diameter.

(II) If any gas stream other than the reactor or distillation vent stream is normally conducted through the final recovery device— (a) The sampling site for vent stream flow rate and molar composition shall be prior to the final recovery device and prior to the point at which any nonreactor or nondistillation stream or stream from a nonaffected reactor or distillation unit is introduced. Method 18 shall be used to measure organic compound concentrations at this site;

(b) The efficiency of the final recovery device shall be determined by measuring the organic compound concentrations using Method 18 at the inlet to the final recovery device after the introduction of all vent streams and at the outlet of the final recovery device; and (c) The efficiency of the final recovery device determined according to sub-

part (3)(B)5.A.(II)(b) of this rule shall be applied to the organic compound concentrations measured according to subpart (3)(B)5.A.(II)(a) of this rule to determine the concentrations of organic compounds from the final recovery device attributable to the reactor or distillation vent stream. The resulting organic compound concentrations are then used to perform the calculations outlined in subparagraph (3)(B)5.D. of this rule;

B. The molar composition of the vent stream shall be determined as follows:

(I) Method 18 to measure the concentration of organic compounds including those containing halogens; and (II) ASTM D1946-90(2015)e1, as specified in 10 CSR 10-6.040(16), to measure the concentration of carbon monoxide and hydrogen;

C. The volumetric flow rate shall be 17.9 20.9 – %O )( determined using Method 2, 2A, 2C, or 2D, as appropriate;

D. The emission rate of TOC (minus methane and ethane), (E ), in the vent stream shall be calculated using the following equation: ∑ C = Emission rate of TOC (minus methane and ethane) in the sample, kilograms per hour; = Constant, 2.494 × 10 -6 (liters per parts per million)(gram-moles per standard cubic meter)(kilogram per gram)(minute per hour), where standard temperature for (grammole per standard cubic meter)(g-mole/scm) is twenty degrees Celsius (20 °C); = Concentration of compound “j”, on a dry basis, in parts per million as measured by Method 18, as indicated in subparagraph (3)(B)3.C. of this rule; = Molecular weight of sample “j”, grams per gram-mole; = Vent stream flow rate (standard cubic meters per minute) at a temperature of twenty degrees Celsius (20 °C); and sample;

E. The total process vent stream concentration (by volume) of compounds containing halogens (parts per million by volume, by compound) shall be summed from the individual concentrations of compounds containing halogens which were measured by Method 18; and F. The net heating value of the vent stream shall be calculated using the equation: ∑ C (1 – B = Net heating value of the sample (megajoule per standard cubic meter), where the net enthalpy per mole of vent stream is based on combustion at twenty-five degrees Celsius (25 °C) and seven hundred sixty (760) millimeters of mercury, but the standard temperature for determining the volume corresponding to one mole is twenty degrees Celsius (20 °C), as in the definition of Q (vent stream flow rate); = Constant, 1.740 × 10 -7 (parts per million) -1 (gram-mole per standard cubic meter), (megajoule per kilocalorie), where standard temperature for (gram-mole per standard cubic meter) is twenty degrees Celsius (20 °C); = Water vapor content of the vent stream, proportion by volume: except that if the vent stream passes through a final stream jet and is not condensed, it shall be assumed that B =0.023 in order to correct to 2.3 percent moisture; = Concentration on a dry basis of compound “j” in parts per million, as measured for all organic compounds by Method 18 and measured for hydrogen and carbon monoxide by the American Society for Testing and Materials D1946-90(2015)e1, as specified in 10 CSR 10-6.040(16); = Net heat of combustion of compound “j”, kilocalorie per gram-mole, based on combustion at twenty-five degrees Celsius (25°C) and seven hundred sixty (760) millimeters of mercury. The heat of combustion of vent stream components shall be determined using ASTM D4809-13, as specified in 10 CSR 10-6.040(25), if published values are not available or cannot be calculated; and sample.

6. The Total Resource Effectiveness (TRE) index.

A. The TRE index value of the vent shall be calculated using the following equation:

TRE = [a + b (Q ) + c (H t ) + d (E TRE = TRE index value; = Hourly emission rate of TOC (minus methane and ethane), (kilograms per hour) as calculated in subparagraph (3)(B)5.D. of this rule; = Vent stream flow rate standard cubic meters per minute at a standard temperature of twenty degrees Celsius (20 °C); = Vent stream net heating value (megajoules per standard cubic meter), as calculated in subparagraph (3)(B)5.F. of this a,b,c,d = Coefficients presented in Table 1.

B. The owner or operator of a vent stream shall use the applicable coefficients in Table 1 to calculate the TRE index value based on a flare, a thermal incinerator with zero percent (0%) heat recovery, and a thermal incinerator with seventy percent (70%) heat recovery, and select the lowest TRE index value.

C. The owner or operator of a unit with a halogenated vent stream, determined as any stream with a total concentration of halogen atoms contained in organic compounds of two hundred (200) parts per million by volume or greater, shall use the applicable coefficients in Table 1 to calculate the total resource effectiveness index value based on a thermal incinerator and scrubber.

7. Each owner or operator of an affected facility seeking to comply with paragraph (3)(A)2. of this rule shall recalculate the flow rate and TOC concentration for that affected facility whenever process changes are made.

Examples of process changes include changes in production capacity, feedstock type, or catalyst type, or whenever there is replacement, removal, or addition of recovery equipment.

The flow rate and VOC concentration shall be recalculated based on test data, or on best engineering estimates of the effects of the change to the recovery system.

8. Where the recalculated values yield a TRE index < 1.0, the owner or operator shall notify the state Air Pollution Control Program within one (1) week of the recalculation and conduct a performance test according to the methods and procedures required by subsection (3)(B) of this rule.

9. For the purpose of demonstrating that a process vent stream has a VOC concentration below five hundred (500) parts per million by volume, the following procedures shall be followed:

A. The sampling site shall be selected as specified in subparagraph (3)(B)3.A. of B. Method 18 or Method 25A of 40 CFR part 60, Appendix A, as specified in 10 CSR 10-6.030(22), shall be used to measure concentration; alternatively, any other method or data that has been validated according to the protocol in Method 301 of 40 CFR part 63, Appendix A may be used.

(I) Where Method 18 is used, the following procedures shall be used to calculate parts per million by volume concentration:

(a) The minimum sampling time for each run shall be one (1) hour in which either an integrated sample or four (4) grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time, such as fifteen (15)-minute intervals during the run;

(b) The concentration of TOC (minus methane and ethane) shall be calculated using Method 18 according to subparagraph (3)(B)3.D. of this rule.

(II) Where Method 25A is used, the following procedures shall be used to calculate parts per million by volume TOC concentration:

(a) Method 25A shall be used only if a single VOC is greater than fifty percent (50%) of total VOC, by volume, in the process vent stream;

(b) The process vent stream composition may be determined by either process knowledge, test data collected using an appropriate EPA method or a method of data collection validated according to the protocol in Method 301 of 40 CFR part 63,

Appendix A. Examples of information that could constitute process knowledge include calculations based on material balances, process stoichiometry, or previous test results provided the results are still relevant to the current process vent stream conditions;

(c) The VOC used as the calibration gas for Method 25A shall be the single VOC present at greater than fifty percent (50%) of the total VOC by volume;

(d) The span value for Method 25A shall be fifty (50) parts per million by volume;

(e) Use of Method 25A is acceptable if the response from the high-level calibration gas is at least twenty (20) times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale; and (f) The concentration of TOC shall be corrected to three percent (3%) oxygen using the procedures and equation in subparagraph (3)(B)3.C. of this rule; and C. The owner or operator shall demonstrate that the concentration of TOC including methane and ethane measured by Method 25A is below two hundred fifty (250) parts per million by volume with VOC concentration below five hundred (500) parts per million by volume to qualify for the low concentration exclusion.

(C) Monitoring Requirements.

1. The owner or operator of an affected facility that uses an incinerator to seek to comply with the TOC emission limit specified under subparagraph (3)(A)1.A. of this operate according to manufacturer’s specifications: a temperature monitoring device equipped with a continuous recorder and having a minimum accuracy of plus or minus one measured expressed in degrees Celsius or plus or minus (±) 0.5 °C, whichever is more accurate.

A. Where an incinerator other than a Coefficients for Total Resource Effectiveness for Nonhalogenated and Halogenated Vent Streams Type of Stream Control Device Basis a b c d Nonhalogenated Flare 2.129 0.183 -0.005 0.359 Thermal incinerator 0 percent heat recovery 3.075 0.021 -0.037 0.018 Thermal incinerator 70 Percent heat recovery 3.803 0.032 -0.042 0.007 Halogenated Thermal incinerator and scrubber 5.470 0.181 -0.040 0.004 Coefficients for Total Resource Effectiveness for Nonhalogenated and Halogenated Vent Streams catalytic incinerator is used, a temperature monitoring device shall be installed in the firebox.

B. Where a catalytic incinerator is used, temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed.

2. The owner or operator of an affected facility that uses a flare to seek to comply with subparagraph (3)(A)1.B. of this rule shall install, calibrate, maintain, and operate according to manufacturer’s specifications, a heat-sensing device, such as an ultraviolet beam sensor or thermocouple, at the pilot light to indicate continuous presence of a flame.

3. The owner or operator of an affected facility that uses a boiler or process heater with a design heat input capacity less than forty-four (44) megawatts to seek to comply with subparagraph (3)(A)1.A. of this rule shall install, calibrate, maintain, and operate tions, a temperature monitoring device in the firebox. The monitoring device should be equipped with a continuous recorder and have a minimum accuracy of plus or minus one measured expressed in degrees Celsius or plus or minus (±) 0.5 °C, whichever is more accurate. Any boiler or process heater in which all vent streams are introduced with primary fuel is exempt from this require- 4. The owner or operator of an affected facility that seeks to demonstrate compliance with the total resource effectiveness index limit specified under paragraph (3)(A)2. of this rule shall install, calibrate, maintain, and operate according to manufacturer’s specifications the following equipment:

A. Where an absorber is the final recovery device in the recovery system— (I) A scrubbing liquid temperature monitor equipped with a continuous recorder; and (II) Specific gravity monitor equipped with continuous recorders;

B. Where a condenser is the final recovery device in the recovery system, a condenser exit (product side) temperature monitoring device equipped with a continuous recorder and having a minimum accuracy of plus or minus one percent (± 1%) of the temperature being monitored expressed in degrees Celsius or plus or minus (±) 0.5 °C, whichever is more accurate;

C. Where a carbon adsorber is the final recovery device unit in the recovery system, in integrating regeneration stream flow monitoring device having a minimum accuracy of plus or minus ten percent (± 10%), capable of recording the total regeneration stream mass flow for each regeneration cycle; and a carbon bed temperature monitoring device having a minimum accuracy of plus or minus one percent (± 1%) of the temperature being monitored expressed in degrees Celsius or plus or minus (±) 0.5 °C, whichever is more accurate, and capable of recording the carbon bed temperature after each regeneration and within fifteen (15) minutes of completing any cooling cycle; or D. Where an absorber scrubs halogenated streams after an incinerator, boiler, or process heater, the following monitoring equipment is required for the scrubber— (I) A pH monitoring device equipped with a continuous recorder; and (II) Flow meters equipped with continuous recorders to be located at the scrubber influent for liquid flow and the scrubber inlet for gas stream flow.

5. The owner or operator of a process vent using a vent system that contains bypass lines that could divert a vent stream away from the combustion device used shall either— A. Install, calibrate, maintain, and operate a flow indicator that provides a record of vent stream flow at least once every fifteen (15) minutes. The flow indicator shall be installed at the entrance to any bypass line that could divert the vent stream away from the combustion device to the atmosphere; or B. Secure the bypass line valve in the closed position with a car-seal or a lock-andkey type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the closed position and the vent stream is not diverted through the bypass line.

(4) Reporting and Record Keeping.

(A) Each reactor process or distillation operation subject to this rule shall keep records of the following parameters measured during a performance test or TRE determination required under subsection (3)(B) of this

rule and required to be monitored under sub-

section (3)(C) of this rule.

1. Where an owner or operator subject (3)(A)1.A. of this rule through the use of either a thermal or catalytic incinerator— A. The average firebox temperature of the incinerator (or the average temperature upstream and downstream of the catalyst bed for a catalytic incinerator), measured at least every fifteen (15) minutes and averaged over the same time period of the performance testing; and B. The percent reduction of TOC determined as specified in paragraph (3)(B)3. of this rule achieved by the incinerator, or the concentration of TOC (parts per million by volume, by compound) determined as specified in paragraph (3)(B)3. of this rule at the outlet of the control device on a dry basis corrected to three percent (3%) oxygen.

2. Where an owner or operator subject (3)(A)1.A. of this rule through the use of a boiler or process heater and the boiler or process heater is not exempt from these requirements due to all vent streams being introduced with primary fuel— A. A description of the location at which the vent stream is introduced into the boiler or process heater; and B. The average combustion temperature of the boiler or process heater with a design heat input capacity of less than fortyfour (44) megawatts measured at least every fifteen (15) minutes and averaged over the same time period of the performance test.

3. Where an owner or operator subject (3)(A)1.B. of this rule through the use of a smokeless flare; flare design (i.e., steamassisted, air-assisted, or nonassisted), all visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the performance test, continuous records of the flare pilot flame monitoring, and records of all periods of operations during which the pilot flame is absent.

4. Where an owner or operator subject strate compliance with paragraph (3)(A)2. of this rule— A. All measurements and calculations performed to determine the flow rate, and volatile organic compound concentration, heating value, and TRE index value of the vent stream; and B. Records shall be kept of the following final recovery device parameters:

(I) Where an absorber is the final recovery device in the recovery system, the exit specific gravity (or alternative parameter which is a measure of the degree of absorbing liquid saturation, if approved, by the permitting authority), and average exit temperature of the absorbing liquid measured at least fifteen (15) minutes and averaged over the same time period of the performance testing (both measured while the vent stream is normally routed and constituted);

(II) Where a condenser is the final recovery device in the recovery system, the average exit (product side) temperature measured at least every fifteen (15) minutes and averaged over the same time period of the performance testing while the vent stream is routed and constituted normally; or (III) Where a carbon adsorber is the final recovery device in the recovery system, the total stream mass or volumetric flow measured at least every fifteen (15) minutes and averaged over the same time period of the performance test (full carbon bed cycle), temperature of the carbon bed after regeneration (and within fifteen (15) minutes of completion of any cooling cycle(s)), and duration of the carbon bed steaming cycle (all measured while the vent stream is routed and constituted normally).

5. As an alternative to subparagraphs (4)(A)4.A. or (4)(A)4.B. of this rule, the concentration level or reading indicated by the organics monitoring device at the outlet of the absorber, condenser, or carbon adsorber, measured at least every fifteen (15) minutes and averaged over the same time period as the performance testing while the vent stream is normally routed and constituted.

(B) Each reactor process or distillation operation seeking to comply with paragraph (3)(A)2. of this rule shall also keep records of the following information:

1. Any changes in production capacity, feedstock type, or catalyst type, or of any replacement, removal, and addition of recovery equipment or reactors and distillation units; and 2. Any recalculation of the flow rate, TOC concentration, or TRE value performed according to paragraph (3)(B)7. of this rule.

(C) Each reactor process or distillation operation seeking to comply with the flow rate or concentration exemption level in paragraph (1)(B)4. of this rule shall keep records to indicate that the stream flow rate is less than 0.0085 standard cubic meters per minute or the concentration is less than five hundred (500) parts per million by volume.

(D) Each reactor process or distillation operation seeking to comply with the production capacity exemption level of one (1) gigagram per year shall keep records of the design production capacity and changes in equipment or process operation that may affect design production capacity to the affected process unity.

(E) All records must be kept on-site for a (5) Test Methods. See section (3) of this rule for applicable test methods.

Feb. 29, 2000. Amended: Filed March 20, 2019, effective Jan. 30, 2020.

##### **10 CSR 10-5.570** Control of Sulfur Emissions From Stationary Boilers {#sec-10-csr-10-5.570 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-5.570}

PURPOSE: This rule maintains fine particle (PM ) emission reductions by limiting sulfur dioxide (SO ) emissions from industrial boilers in the St. Louis area for the 1997 Annual PM National Ambient Air Quality Standard. These SO emission requirements serve to maintain PM emission reductions in the St. Louis area in compliance with the federal Clean Air Fine Particle Implementation Rule and thereby reduce the risk of PM violations and the risk of redesignation and/or sanctions by the U.S.

Environmental Protection Agency.

rial. The entire text of the rule is printed (1) Applicability. This rule applies to all applicable installations located in the counties of Franklin, Jefferson, St. Charles, St. Louis, and the City of St. Louis.

(A) This rule applies to installations that own or operate an industrial, commercial, or institutional boiler or process heater that has a nameplate capacity greater than fifty (50) million British thermal units (mmBtu) per hour.

(B) Installations affected by this rule shall be in compliance no later than December 31, 2010.

(C) The types of boilers and process heaters listed in paragraphs (1)(C)1. through 5. of this rule are not subject to this rule.

1. Any unit subject to and in compliance with the Phase II Acid Rain program (40 CFR 96 subpart AAA).

2. A boiler or process heater that is used specifically for research and development.

This does not include units that only provide heat or steam commercially to a process at a research and development installation.

3. Temporary boilers as defined in section (2) of this rule.

4. Any unit under subsection (1)(A) of this rule which demonstrates, using the emission estimation methods outlined in section (5) of this rule, that the unit’s mass sulfur dioxide (SO ) emissions are twenty-five (25) tons or less during the calendar year. To the extent such demonstration relies on pollution control equipment or operational controls, such controls must be enforceable.

5. Boilers that exclusively burn natural gas, liquefied petroleum (LP) gas, and/or fuel oil number two (2) with less than fivetenths percent (0.5%) sulfur, at the option of the installation.

6. Loss of exemption. If the exemption limit in paragraph (1)(C)4. of this rule is exceeded, the exemption no longer applies and the owner or operator must notify the staff director or designee within thirty (30) days of such event. If the owner or operator can demonstrate to the staff director or designee that the exemption limit was exceeded due to emergency operations or uncontrolled circumstances, the exemption in paragraph (1)(C)4. of this rule is reinstated. Emergency events include the use of boilers to produce power for critical networks or equipment when electric power from the local utility or the normal power source, if the installation runs on its own power production, is interrupted, or the use of boilers to pump water in the case of fire or flood, etc. The use of boilers to reduce electric ity drawn from a power utility during utility designated peak time periods, to supply power to an electric grid, or to supply power as part of a financial arrangement with another entity is not considered an emergency event.

7. Compliance with this rule does not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the Air Conservation Law or any other requirements under local, state, or federal law. Specifically, compliance with this

rule shall not violate the permit conditions previously established under 10 CSR 10- 6.060 or 10 CSR 10-6.065.

(2) Definitions.

(A) Boiler—An enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.

(B) Commercial/Institutional boiler—A boiler used in commercial establishments or institutional establishments such as medical centers, institutions of higher education, hotels, and laundries to provide electricity, steam, and/or hot water.

(C) Gaseous fuel—A combustible gas that includes, but is not limited to, natural gas, landfill gas, coal-derived gas, refinery gas, and biogas. Blast furnace gas is not considered a gaseous fuel under this definition.

(D) Industrial boiler—A boiler used in manufacturing, processing, mining, and refining, or any other industry to provide steam, hot water, and/or electricity.

(E) Liquid fuel—A combustible liquid that includes, but is not limited to, distillate oil, residual oil, waste oil, and process liquids.

(F) Process heater—Any enclosed device using controlled flame, that is not a boiler, and the unit’s primary purpose is to transfer heat indirectly to a process material (liquid, gas, or solid) or to heat transfer material for use in a process unit, instead of generating steam. Process heaters are devices in which the combustion gases do not directly come into contact with process materials. Process heaters do not include units used for comfort heat or space heat, food preparation for onsite consumption, or autoclaves.

(G) Solid fuel—A solid material used as a fuel that includes, but is not limited to, coal, wood, biomass, tires, plastics, and other non fossil solid materials.

(H) Temporary boiler—Any gaseous or liquid fuel boiler that is designed to be, and is capable of being, carried or moved from one (1) location to another. A temporary boiler that remains at a location for more than one hundred eighty (180) days during any three hundred sixty-five (365)-day period is no longer considered to be a temporary boiler. Any temporary boiler that replaces a temporary boiler at a location and is intended to perform the same or similar function will be included in calculating the consecutive time period.

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

(3) General Provisions.

(A) Emission Limitations.

1. Except as otherwise provided in this

section, no installation shall cause or allow the emission of SO into the atmosphere exceeding one (1.0) pound (lb) of SO per mmBtu of actual heat input in any thirty (30)day period from any installation with applicable units.

2. No brewery shall cause or allow the combined total of atmospheric emissions of from all applicable emission units within an installation to exceed three thousand fifty (3,050) tons during any twelve (12)-month rolling period. SO emission from all applicable units shall be determined by compliance with subparagraph (3)(C)2.D. of this rule.

(B) Measurements for Single Units.

Measurements shall be one (1) of the follow- 1. Measurements of SO emissions from stationary sources are made according to an applicable method in 40 CFR 60, Appendix A, Method 6, 6A, 6B, or 6C as specified in 10 CSR 10-6.030(22) or by measurement procedures established pursuant to 40 CFR 60.8(b); or 2. Monthly analysis method. Installations subject to this rule shall demonstrate compliance or non-compliance by an analysis of calendar monthly composites of daily fuel samples using American Society for Testing and Materials (ASTM) procedures, or by vendor certification, at the option of the installation.

Installations opting to use vendor certification shall provide monthly individual verification from all vendors using the ASTM procedures prescribed in this paragraph of consumed solid fuels including different vendor supplied batches of coal. The specific ASTM procedures, D2234, D2013, D3180, D4239, D5865, D240, D2622, D5504, and D6228 are used for fossil fuel or gaseous fuel sampling, sulfur, and, if needed, heating value determinations as specified in 10 CSR 10- 6.040.

(C) Measurements for Multi-Unit and Multi-Fuel Installations. For sources not controlling SO emissions by flue gas desulphurization equipment or by sorbent injection, the following alternate compliance method may be used:

1. SO emission rates for a single boiler that burns different fuels. The owner or operator of an affected installation shall determine the SO emission rate of a large boiler which burns multiple fuels separately, according to the following formula: ∑ (Ka ) + ∑(Kb ) + ∑(Kc = i=1 i=1 i=1 = unit SO emissions in lb per mmBtu heat input; a = solid fuel sample monthly composite b = liquid fuel sample monthly composite = gaseous fuel sample monthly composite q = number of different solid fuels used including the number of different batches of coal; r = number of different liquid fuels used; s = number of different gaseous fuels used; = total heat content for all fuels in any monthly period.

2. Averaging SO emissions among different boilers.

A. To meet the requirements of paragraphs (3)(A)1. and (3)(A)2. of this rule, if there is more than one (1) existing boiler located at an installation, compliance may be demonstrated by emission averaging according to the procedures in this paragraph.

B. For a group of two (2) or more existing boilers that each vent to a separate or common stack, SO emissions may be averaged to demonstrate compliance with the limits in paragraphs (3)(A)1. and (3)(A)2. of this C. Compliance with the limit in paragraph (3)(A)1. of this rule must be demonstrated on a monthly rolling average. The first period begins on the compliance date. For each monthly period, the following equation must be used to calculate the monthly rolling average weighted emission rate using the actual heat capacity for each existing boiler participating in the emissions averaging option. ∑ (Er x Hb)

Avg Weighted Emissions = ∑ Hb Avg Weighted Emissions = monthly average weighted emission level for SO , in units of lbs per mmBtu of heat input;

Er = Emission rate, in units of lbs per mmBtu of heat input;

Hb = The average heat input for each monthly period of boiler, i, in units of mmBtu; and n = Number of boilers participating in the emissions averaging option.

D. Compliance with the limit in paragraph (3)(A)2. of this rule must be demonstrated on a twelve (12)-month rolling total.

The first period begins on the compliance date. For each twelve (12)-month period, the following equation must be used to calculate the twelve (12)-month rolling total weighted emission rate using the actual heat capacity for each existing boiler participating in the emission averaging option.

Avg SO Emissions = twelve (12)-month total weighted emission level for SO , in units of tons of SO ;

Ka = solid fuel monthly SO tons based on material/mass balance as the source of the emission factor;

Sulfur % by weight 64.064 tons fuel Ka = 100 32.065 burned Kb = liquid fuel monthly SO tons based on similar material/mass balance calculations as Ka as the source of the emission factor;

Kc = gaseous fuel monthly SO tons based on similar material/mass balance calculations as Ka as the source of the emission factor; n = number of boilers participating in the emissions averaging option; q = number of different solid fuels used including the number of different batches of coal; r = number of different liquid fuels used; s = number of different gaseous fuels used.

(D) Monitoring Requirements. Any owner or operator of an industrial, commercial, or institutional boiler; or process heater subject to this rule equipped with flue gas desulfurization or sorbent inject controls shall use a continuous emission monitoring system (CEMS) to monitor compliance. Owners or operators subject to this rule without control equipment shall comply with one (1) of the following requirements:

1. A CEMS that— A. Meets the applicable requirements of 40 CFR part 60, Appendix B, as specified in 10 CSR 10-6.030(22); and B. Complies with the quality assurance procedures regardless of whether the installation is subject to new source performance standards (NSPS) specified in 40 CFR

part 60, Appendix F, as specified in 10 CSR 10-6.030(22);

2. An alternate monitoring procedure or monitoring plan approved by the director and the U.S. Environmental Protection Agency (EPA).

(4) Reporting and Record Keeping.

(A) Reporting Requirements. The owner or operator subject to this rule shall— 1. Submit the calculation and record keeping procedure by February 15 of each year based upon correlations with ASTM and 40 CFR part 60, Appendix A reference method results, as specified in 10 CSR 10- 6.030(22);

2. Submit an annual report to the director by February 15 following the end of the initial compliance period and by February 15 for each year thereafter unless the affected unit is subject to an NSPS. The annual report shall document for each affected unit, the average of the tons of SO emitted during the previous twelve (12)-month period or the twelve (12)-month rolling total starting the first full year after the compliance period;

3. By February 15 of every year following the initial compliance period, submit monthly reports for the previous calendar year unless the affected unit is subject to an NSPS.

The monthly reports shall document the following information for each affected unit:

A. For units equipped with a CEMS, both the total heat input in mmBtu and the emission rate in lbs per mmBtu for the unit; and B. For units without a CEMS, the total number of tons of each solid fuel burned including different vendor supplied batches of coal, volume of each gaseous fuel, and/or volume each liquid fuel; average percent sulfur content of each solid fuel including different vendor supplied batches of coal, each liquid fuel and/or each gaseous fuel; and each solid fuel including different vendor supplied batches of coal, each liquid fuel, and/or each gaseous fuel average heat content in Btu per lb; and 4. Excess emissions.

A. Units maintaining a CEMS, shall submit an excess emissions monitoring system performance report by February 15 following the end of the initial compliance period and by February 15 for each year thereafter unless the affected unit is subject to an NSPS, in accordance with— (I) 40 CFR 60.7(c); and (II) 40 CFR 60.13.

B. Units not maintaining a CEMS, shall submit a written report of excess emissions according to 10 CSR 10-6.261, paragraph (4)(A)1. regardless of whether 10 CSR 10-6.261 applies, unless the affected unit is subject to an NSPS.

(B) Record Keeping Requirements. The owner or operator subject to this rule shall maintain all records necessary to demonstrate compliance with this rule for a period of five (5) years at the plant at which the unit is located. Daily records, along with the twelve (12)-month rolling tonnage or twelve (12)month rolling average, shall be made available no later than one (1) month following any calendar month. The records shall be made available to the director upon request.

The owner or operator shall maintain records of the following information for each month the unit is operated:

1. The identification number of each unit and the name and address of the plant where the unit is located for each unit subject to this rule;

2. The calendar date of record;

3. The number of hours the unit is operated each day including start-ups, shutdowns, malfunctions, and the type and duration of maintenance and repair;

4. The date and results of each emissions inspection;

5. A summary of any emissions corrective maintenance taken;

6. The results of all compliance tests;

7. If a unit is equipped with a CEMS— A. The identification of time periods during which SO standards are exceeded, the reason for exceedance, and action taken to correct the exceedance and prevent similar future exceedances; and B. The identification of the time periods for which operating conditions and pollutant data were not obtained, including reasons for not obtaining sufficient data, and a description of corrective actions taken;

8. The total heat input for each fuel used per emissions unit on a monthly basis;

9. The amount of each fuel consumed per emissions unit on a monthly basis;

10. The average heat content for each fuel used per emissions unit on a monthly 11. The average percent sulfur for each fuel used per emissions unit on a monthly 12. The emission rate in lbs per mmBtu for each unit on a monthly basis for those units complying with the limit in paragraph (3)(A)1. of this rule. The twelve (12)-month rolling averages will be made available upon request for the inspector to review no later than one (1) month following any calendar month;

13. The monthly emission rate in tons for those units complying with the limit in paragraph (3)(A)2. of this rule. The twelve (12)-month rolling tonnages will be made available upon request for inspector review no later than one (1) month following any calendar month; and n ∑ (Ka + ∑(Kb + ∑(Kc Avg SO Emissions = ∑ i=1 i=1 i=1 i=1 1 14. Any other reports deemed necessary by the director.

(5) Test Methods. The following hierarchy of methods shall be used to determine if a unit qualifies for the low-emitter exemption in paragraph (1)(C)4. of this rule. If data is not available for an emission estimation method or an emission estimation method is impractical for a source, then the subsequent emission estimation method shall be used in its place:

(A) CEMS as specified in 10 CSR 10- 6.110;

(B) Stack tests as specified in 10 CSR 10- 6.110;

(C) Material/mass balance;

(D) AP-42 (EPA Compilation of Air Pollution Emission Factors) or FIRE (Factor Information and Retrieval System) as published by EPA August 2018 and August 2017

rule. Copies can be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161. This rule does not incorporate any subsequent amendments or additions;

(E) Other EPA documents as specified in 10 CSR 10-6.110;

(F) Sound engineering calculations; or (G) Installations shall obtain department and EPA pre-approval of any other alternate emission estimation method not listed in this

section before using such method to estimate emissions.

Original rule filed Dec. 16, 2008, effective Sept. 30, 2009. Amended: Filed March 13, 2013, effective Oct. 30, 2013. Amended:

Filed April 13, 2018, effective Jan. 30, 2019.

Amended: Filed June 14, 2019, effective Feb. 29, 2020.

### **Chapter 6** Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

##### **10 CSR 10-6.090** Restriction of Emission of Fluorides From Primary Aluminum {#sec-10-csr-10-6.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.090}

##### **10 CSR 10-6.120** Restriction of Emissions of Lead From Specific Lead {#sec-10-csr-10-6.120 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.120}

##### **10 CSR 10-6.130** Controlling Emissions During Episodes of High Air Pollution {#sec-10-csr-10-6.130 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.130}

##### **10 CSR 10-6.140** Restriction of Emissions Credit for Reduced Pollutant Concentrations 10 CSR 10-6.160 10 CSR 10-6.161 10 CSR 10-6.165 {#sec-10-csr-10-6.140 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.140}

##### **10 CSR 10-6.170** Restriction of Particulate Matter to the Ambient Air Beyond the {#sec-10-csr-10-6.170 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.170}

##### **10 CSR 10-6.190** Sewage Sludge and Industrial Waste Incinerators 10 CSR 10-6.191 10 CSR 10-6.200 10 CSR 10-6.210 10 CSR 10-6.220 10 CSR 10-6.230 {#sec-10-csr-10-6.190 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.190}

##### **10 CSR 10-6.240** Asbestos Abatement Projects—Registration, Notification and {#sec-10-csr-10-6.240 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.240}

##### **10 CSR 10-6.241** Asbestos Projects—Registration, Abatement, Notification, Inspection, {#sec-10-csr-10-6.241 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.241}

##### **10 CSR 10-6.250** Asbestos Projects—Certification, Accreditation and Business Exemption 10 CSR 10-6.255 {#sec-10-csr-10-6.250 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.250}

##### **10 CSR 10-6.260** Restriction of Emission of Sulfur Compounds 10 CSR 10-6.261 10 CSR 10-6.270 10 CSR 10-6.280 {#sec-10-csr-10-6.260 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.260}

##### **10 CSR 10-6.300** Conformity of General Federal Actions to State Implementation Plans 10 CSR 10-6.310 10 CSR 10-6.320 10 CSR 10-6.330 {#sec-10-csr-10-6.300 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.300}

##### **10 CSR 10-6.345** Control of NO Emissions From Upwind Sources {#sec-10-csr-10-6.345 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.345}

##### **10 CSR 10-6.350** Emission Limitations and Emissions Trading of Oxides of Nitrogen {#sec-10-csr-10-6.350 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.350}

##### **10 CSR 10-6.360** Control of NO Emissions From Electric Generating Units and {#sec-10-csr-10-6.360 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.360}

##### **10 CSR 10-6.362** Clean Air Interstate Rule Annual NO {#sec-10-csr-10-6.362 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.362}

##### **10 CSR 10-6.364** Clean Air Interstate Rule Seasonal NO {#sec-10-csr-10-6.364 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.364}

##### **10 CSR 10-6.366** Clean Air Interstate Rule SO {#sec-10-csr-10-6.366 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.366}

##### **10 CSR 10-6.368** Control of Mercury Emissions From Electric Generating Units {#sec-10-csr-10-6.368 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.368}

##### **10 CSR 10-6.372** Cross-State Air Pollution Rule NO {#sec-10-csr-10-6.372 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.372}

##### **10 CSR 10-6.374** Cross-State Air Pollution Rule NO Ozone Season Group 2 Trading {#sec-10-csr-10-6.374 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.374}

##### **10 CSR 10-6.376** Cross-State Air Pollution Rule Annual SO {#sec-10-csr-10-6.376 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.376}

##### **10 CSR 10-6.380** Control of NO {#sec-10-csr-10-6.380 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.380}

##### **10 CSR 10-6.390** Control of NO Emissions From Large Stationary Internal Combustion {#sec-10-csr-10-6.390 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.390}

##### **10 CSR 10-6.400** Restriction of Emission of Particulate Matter From Industrial {#sec-10-csr-10-6.400 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.400}

##### **10 CSR 10-6.405** Restriction of Particulate Matter Emissions from Fuel Burning Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri {#sec-10-csr-10-6.405 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.405}

##### **10 CSR 10-6.010** Ambient Air Quality Standards {#sec-10-csr-10-6.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.010}

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

Pollutant Primary/Secondary Standard Level Form Reference Method Carbon monoxide Primary 8-hour 9 parts per million CSR 10-6.040(4)(C) 1-hour 35 parts per million Rolling 3month average 0.15 micrograms per exceeded (see 10 CSR 10- 6.040(4)(O))

(1978)* Calendar quarter mean 1.5 micrograms per exceeded Nitrogen dioxide Primary 1-hour 100 parts per billion CSR 10-6.040(4)(F) 0.053 parts per million, equal to 53 8-hour 0.075 parts per 10-6.040(4)(N))

(1997)** Primary 8-hour 0.08 parts per 10-6.040(4)(I))

Particle pollution (2012) matter 2.5 12 micrograms per Secondary Annual 35 micrograms per 10-6.040(4)(M)) matter 10 10) 150 micrograms per on average over 3 10-6.040(4)(K))

CSR 10-6.040(4)(J)

Particulate matter 2.5 micron (PM (1997)*** (2010)

Primary 1-hour 75 parts per billion 99th percentile of 1-hour daily maximum, Secondary 3-hour 0.5 parts per million, equal to 500 (1971)**** 0.14 parts per Hydrogen sulfide State only million (42 times in any 5 0.05 parts per million (70 times per year Sulfuric acid State only 1-hour 30 micrograms per than once in any 2 10 micrograms per than once in any 90 consecutive days *The 1978 lead standard remains in effect until one (1) year after an area is designated for the 2008 standard, except that in areas designated nonattainment for the 1978 standard, the 1978 standard remains in effect until implementation plans to attain or maintain the 2008 standard are approved.

(1/30/24) John R. Ashcroft Pollutant Primary/Secondary Standard Level Form Reference Method Carbon monoxide Primary 8-hour 9 parts per million CSR 10-6.040(4)(C) 1-hour 35 parts per million Rolling 3month average 0.15 micrograms per exceeded (see 10 CSR 10- 6.040(4)(O))

(1978)* Calendar quarter mean 1.5 micrograms per exceeded Nitrogen dioxide Primary 1-hour 100 parts per billion CSR 10-6.040(4)(F) 0.053 parts per million, equal to 53 8-hour 0.075 parts per 10-6.040(4)(N))

(1997)** Primary 8-hour 0.08 parts per 10-6.040(4)(I))

Particle pollution (2012) matter 2.5 12 micrograms per Secondary Annual 35 micrograms per 10-6.040(4)(M)) matter 10 10) 150 micrograms per on average over 3 10-6.040(4)(K))

CSR 10-6.040(4)(J)

Particulate matter 2.5 micron (PM (1997)*** (2010)

Primary 1-hour 75 parts per billion 99th percentile of 1-hour daily maximum, Secondary 3-hour 0.5 parts per million, equal to 500 (1971)**** 0.14 parts per Hydrogen sulfide State only million (42 times in any 5 0.05 parts per million (70 times per year Sulfuric acid State only 1-hour 30 micrograms per than once in any 2 10 micrograms per than once in any 90 consecutive days *The 1978 lead standard remains in effect until one (1) year after an area is designated for the 2008 standard, except that in areas designated nonattainment for the 1978 standard, the 1978 standard remains in effect until implementation plans to attain or maintain the 2008 standard are approved. **The 1997 ozone standard remains in effect. ***The 1997 particulate matter 2.5 micron (PM 2.5) standard remains in effect. ****The 1971 annual and 24-hour sulfur dioxide standards remain in effect in areas until one (1) year after the area is designated for the 2010 standard, except that for areas designated nonattainment for the 1971 standards as of August 23, 2010, and for areas not meeting the requirements of a SIP call under the 1971 standards, the 1971 standards remain in effect until the area submits and the EPA approves a SIP providing for attainment of the 2010 standard.

Amended: Filed Sept. 24, 2009, effective May 30, 2010. Amended:

Filed Nov. 15, 2013, effective July 30, 2014.

**History**
- *AUTHORITY: section 643.050, RSMo Supp. 2013. Original rule filed Aug. 16, 1977, effective Feb. 11, 1978. Amended: Filed Dec. 10, 1979, effective April 11, 1980. Amended: Filed Jan. 5, 1988, effective April 28, 1988. Amended: Filed July 6, 2005, effective Feb. 28, 2006.*

##### **10 CSR 10-6.020** Definitions and Common Reference Tables {#sec-10-csr-10-6.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.020}

PURPOSE: This rule defines key words and expressions used in Chapters 1 through 6 and provides common reference tables.

(1) Applicability. This rule shall apply throughout Missouri defining terms and expressions used in all Title 10, Division 10—Air Conservation Commission rules. If a definition in this

rule conflicts with a definition in any other 10 CSR 10 rule, the definition in 10 CSR 10-6.020 shall take precedence with the exception that federal definitions incorporated by reference into a 10 CSR 10 rule take precedence over definitions in 10 CSR (2) Definitions.

(A) All terms beginning with A.

1. Account holder—Any person that chooses to participate in the emission reduction credit (ERC) program by generating, buying, selling, or trading ERCs.

2. Acid rain emissions limitation—As defined in 40 CFR 72.2, a limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid Rain Program under Title IV of the Clean Air Act.

3. Act—The Clean Air Act, 42 U.S.C. 7401. References to the word Title pertain to the titles of the Clean Air Act Amendments of 1990, P.L. 101–549.

4. Active collection system—A gas collection system that uses gas mover equipment.

5. Active landfill—A landfill in which solid waste is being placed or a landfill that is planned to accept waste in the future.

6. Activity level—Defined as follows:

A. For the purpose of 10 CSR 10-6.410, the amount of activity at a source measured in terms of production, use, raw materials input, vehicle miles traveled, or other similar units that have a direct correlation with the economic output of the source and is not affected by changes in the emissions rate (i.e., mass per unit of activity); and B. For all other purposes, the measurable factor or parameter that relates directly or indirectly to the emissions of an air pollution source. Depending on the source category, activity information includes but is not limited to the amount of fuel combusted, raw material processed, product manufactured, or material handled or processed.

7. Actual emissions—The actual rate of emissions of a pollutant from a source operation is determined as follows:

A. Actual emissions as of a particular date shall equal the average rate, in tons per year, at which the source operation or installation actually emitted the pollutant during the previous two- (2-) year period and which represents normal operation. A different time period for averaging may be used if the director determines it to be more representative. Actual emissions shall be calculated using actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period;

B. The director may presume that source-specific allowable emissions for a source operation or installation are equivalent to the actual emissions of the source operation or installation; and C. For source operations or installations, which have not begun normal operations on the particular date, actual emissions shall equal the potential emissions of the source operation or installation on that date.

8. Adhesive—Any chemical substance that is applied for the purpose of bonding two (2) surfaces together other than by mechanical means. For the purpose of 10 CSR 10-5.330, an adhesive is considered a surface coating.

9. Administrator—Defined as follows:

A. For the purpose of 10 CSR 10-6.360, the administrator of the U.S. Environmental Protection Agency (EPA) or the administrator’s duly authorized representative; and B. For all other purposes, the regional administrator for Region VII, EPA.

10. Adsorption cycle—The period during which the adsorption system is adsorbing and not desorbing.

11. Adverse impact on visibility—The visibility impairment which interferes with the protection, preservation, management, or enjoyment of the visitor’s visual experience of a Class I area, which is an area designated as Class I in 10 CSR 10-6.060(11)(A). This determination must be made on a case-bycase basis taking into account the geographic extent, intensity, duration, frequency, and time of visibility impairments and how these factors correlate with the times of visitor use of the Class I area and the frequency and timing of natural conditions that reduce visibility.

12. Aerospace manufacture and/or rework facility— Any installation that produces, reworks, or repairs in any amount any commercial, civil, or military aerospace vehicle or component.

13. Aerospace vehicle or component—Any fabricated part, processed part, assembly of parts, or completed unit, with the exception of electronic components, of any aircraft.

14. Affected source—A source that includes one (1) or more emission units subject to emission reduction requirements or limitations under Title IV of the Act.

15. Affected states—All states contiguous to the permitting modification, or permit renewal; or is within fifty (50) miles of a source subject to permitting under Title V of the Act.

16. Affected unit—A unit that is subject to emission reduction requirements or limitations under Title IV of the Act.

17. Air cleaning device—Any method, process, or equipment which removes, reduces, or renders less obnoxious air contaminants discharged into the ambient air.

18. Air contaminant—Any particulate matter or any gas or vapor or any combination of them.

19. Air contaminant source—Any and all sources of emission of air contaminants whether privately or publicly owned or operated.

20. Air pollutant—Agent, or combination of agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance, or matter which is emitted into or otherwise enters the ambient air. Such term includes any precursors to the formation of any air pollutant, to the extent the administrator of the U.S. Environmental Protection Agency (EPA), or the administrator’s duly authorized representative has identified such precursor(s) for the particular purpose for which the term air pollutant is used.

21. Air pollution—The presence in the ambient air of one (1) or more air contaminants in quantities, of characteristics, and of a duration which directly and approximately cause or contribute to injury to human, plant, or animal life or health, or to property or which unreasonably interfere with the enjoyment of life or use of property.

22. Air pollution alert—The level of an air pollution episode known as an air pollution alert is that condition when the concentration of air contaminants reaches the level at which the first stage control actions are to begin.

23. Air Stagnation Advisory—A special bulletin issued by the National Weather Service entitled Air Stagnation Advisory, which is used to warn air pollution control agencies that stagnant atmospheric conditions are expected which could cause increased concentrations of air contaminants near the ground.

24. Allocate or allocation—The determination by the director or the administrator of the number of NO allowances to be initially credited to a NO budget unit or an allocation set-aside.

25. Allowable emissions—The emission rate calculated using the maximum rated capacity of the installation (unless the source is subject to enforceable permit conditions which limit the operating rate or hours of operation, or both) and the most stringent of the following:

A. Emission limit established in any applicable emissions control rule including those with a future compliance date; or B. The emission rate specified as a permit condition.

26. Alternate authorized account representative—The alternate person who is authorized by the owners or operators of the unit to represent and legally bind each owner and operator in matters pertaining to the Emissions Banking and Trading Program or any other trading program in place of the authorized account representative.

27. Ambient air—That portion of the atmosphere, external to buildings, to which the general public has access.

28. Animal matter—Any product or derivative of animal life.

29. Anode bake plant—A facility which produces carbon anodes for use in a primary aluminum reduction installation.

30. Applicability analysis—The process of determining if the federal action must be supported by a conformity determination.

31. Applicable implementation plan or applicable state implementation plan (SIP)—The portion (or portions) of the SIP or most recent revision thereof, which has been approved under section 110(k) of the Act, a federal implementation plan promulgated under section 110(c) of the Act, or a plan promulgated or approved pursuant to section 301(d) of the Act (tribal implementation plan) and which implements the relevant requirements of the Act.

32. Applicable requirement—All of the following listed in the Act:

A. Any standard or requirement provided for in the implementation plan approved or promulgated by the U.S.

Environmental Protection Agency through rulemaking under Title I of the Act that implements the relevant requirements, including any revisions to that plan promulgated in 40 CFR 52;

B. Any term or condition of any preconstruction permit issued pursuant to regulations approved or promulgated through rulemaking under Title I, including part C or D of the C. Any standard or requirement under section 111 of the Act, including section 111(d);

D. Any standard or requirement under section 112 of the Act, including any requirement concerning accident prevention under section 112(r)(7);

E. Any standard or requirement of the Acid Rain Program it;

F. Any requirements established pursuant to section 504(b) or section 114(a)(3) of the Act;

G. Any standard or requirement governing solid waste incineration under section 129 of the Act;

H. Any standard or requirement for consumer and commercial products under section 183(e) of the Act;

I. Any standard or requirement for tank vessels under

section 183(f) of the Act;

J. Any standard or requirement of the program to control air pollution from outer continental shelf sources under

section 328 of the Act;

K. Any standard or requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Act, unless the administrator has determined that these requirements need not be contained in a Title V permit;

L. Any national ambient air quality standard or increment or visibility requirement under part C of Title I of the Act, but only as it would apply to temporary sources permitted pursuant to section 504(e); and M. Any standard or requirement established in 643.010– 643.190, RSMo, of the Missouri Air Conservation Law and rules adopted under them.

33. Area—Any or all regions within the boundaries of the state of Missouri, as specified.

34. Area of the state—Any geographical area designated by the commission.

35. Asbestos—The asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite, and actinolite.

36. Asbestos abatement—The encapsulation, enclosure, or removal of asbestos-containing materials, in or from a building, or air contaminant source; or preparation of friable asbestos-containing material prior to demolition.

37. Asbestos-containing material (ACM)—Any material or 38. Asbestos contractor—Any person who by agreement, contractual or otherwise, conducts asbestos abatement projects at a location other than his/her own place of business.

39. Asbestos Hazard Emergency Response Act (AHERA)— Law enacted in 1986 (P.L. 99–519).

40. Asbestos projects—An activity undertaken to encapsulate, enclose, or remove at least one hundred sixty (160) square feet, two hundred sixty (260) linear feet, or thirtyfive (35) cubic feet of regulated asbestos-containing materials (RACM) from buildings and other air contaminant sources, or to demolish buildings and other air contaminant sources containing the previously mentioned quantities of RACM.

41. Asphalt prime coat—Application of low-viscosity liquid asphalt to an absorbent surface such as a previously untreated surface.

42. Asphalt seal coat—An application of a thin asphalt surface treatment used to waterproof and improve the texture of an absorbent surface or a nonabsorbent surface such as asphalt or concrete.

43. Authorized account representative—The person who is authorized by the owners or operators of the unit to represent and legally bind each owner and operator in matters pertaining to the Emissions Banking and Trading Program or any other budget trading program.

44. Automobile and light-duty truck adhesive—An adhesive, including glass bonding adhesive, used at an automobile or light-duty truck assembly coating installation, applied for the purpose of bonding two (2) motor vehicle surfaces together without regard to the substrates involved.

45. Automobile and light-duty truck bedliner—A multicomponent coating, used at an automobile or light-duty truck assembly coating installation, applied to a cargo bed after the application of topcoat and outside of the topcoat operation to provide additional durability and chip resistance.

46. Automobile and light-duty truck cavity wax—A coating, used at an automobile or light-duty truck assembly coating installation, applied into the cavities of the motor vehicle primarily for the purpose of enhancing corrosion protection.

47. Automobile and light-duty truck deadener—A coating, used at an automobile or light-duty truck assembly coating installation, applied to selected motor vehicle surfaces primarily for the purpose of reducing the sound of road noise in the passenger compartment.

48. Automobile and light-duty truck gasket/gasket-sealing material—A fluid, used at an automobile or light-duty truck assembly coating installation, applied to coat a gasket or replace and perform the same function as a gasket. Automobile and light-duty truck gasket/gasket-sealing material includes room temperature vulcanization seal material.

49. Automobile and light-duty truck glass bonding primer—A primer, used at an automobile or light-duty truck assembly coating installation, applied to windshield or other glass, or to body openings, to prepare the glass or body opening for the application of glass bonding adhesives or the installation of adhesive bonded glass. Automobile and light-duty truck glass bonding primer includes glass bonding/ cleaning primers that perform both functions (cleaning and priming of the windshield or other glass or body openings) prior to the application of adhesive or the installation of adhesive bonded glass.

50. Automobile and light-duty truck lubricating wax/ compound—A protective lubricating material, used at an automobile or light-duty truck assembly coating installation, applied to motor vehicle hubs and hinges.

51. Automobile and light-duty truck sealer—A high viscosity material, used at an automobile or light-duty truck assembly coating installation, generally, but not always, applied in the paint shop after the body has received an electrodeposition primer coating and before the application of subsequent coatings (e.g., primer-surfacer). Such materials are also referred to as sealant, sealant primer, or caulk.

52. Automobile and light-duty truck trunk interior coating—A coating, used at an automobile or light-duty truck assembly coating installation outside of the primer-surfacer and topcoat operations, applied to the trunk interior to provide chip protection.

53. Automobile and light-duty truck underbody coating—A coating, used at an automobile or light-duty truck assembly coating installation, applied to the undercarriage or firewall to prevent corrosion and/or provide chip protection.

54. Automobile and light-duty truck weatherstrip adhesive—An adhesive, used at an automobile or light-duty truck assembly coating installation, applied to weatherstripping material for the purpose of bonding the weatherstrip material to the surface of the motor vehicle.

55. Average emission rate—The simple average of the hourly NO emission rate as recorded by approved monitoring systems.

(B) All terms beginning with B.

1. Base year—The year chosen in the state implementation plan to directly correlate emissions of the nonattainment pollutant in the nonattainment area with ambient air quality data pertaining to the pollutant. From the base year, projections are made to determine when the area will attain and maintain the national ambient air quality standards.

2. Baseline area—The continuous area in which the source constructs as well as those portions of the intrastate area which are not part of a nonattainment area and which would receive an air quality impact equal to or greater than one microgram ) annual average (established by modeling) for each pollutant for which an installation receives a permit under 10 CSR 10-6.060(8) and for which increments have been established in 10 CSR 10-6.060(11)(A). Each of these areas are references to the standard United States Geological Survey (USGS) County-Township-Range-Section system. The smallest unit of area for which a baseline date will be set is one (1) section (one (1) square mile).

3. Baseline concentration—That ambient concentration level which exists at locations of anticipated maximum air quality impact or increment consumption within a baseline area at the time of the applicable baseline date, minus any contribution from installations, modifications, and major modifications subject to 10 CSR 10-6.060(8) or subject to 40 CFR 52.21 on which construction commenced on or after January 6, 1975, for sulfur dioxide and particulate matter, and February 8, 1988, for nitrogen dioxide. The baseline concentration shall include contributions from— A. The actual emissions of other installations in existence on the applicable baseline date; and B. The potential emissions of installations and major modifications which commenced construction before January 6, 1975, but were not in operation by the applicable baseline date.

4. Baseline date—The date, for each baseline area, of the first complete application after August 7, 1977, for sulfur dioxide and particulate matter, and February 8, 1988, for nitrogen dioxide for a permit to construct and operate an installation subject to 10 CSR 10-6.060(8) or subject to 40 CFR 52.21.

5. Basic state installations—Installations which meet any of the following criteria, but are not part 70 installations:

A. Emit or have the potential to emit any air pollutant in an amount greater than the de minimis levels. The fugitive emissions of an installation shall not be considered unless the installation belongs to one (1) of the source categories listed in subsection (3)(B) of this rule; or B. Either of the following criteria, provided the U.S.

Environmental Protection Agency administrator has deferred a decision on whether the installation would be subject to part 70:

(I) Are subject to a standard, limitation, or other requirement under section 111 of the Act, including area sources subject to a standard, limitation, or other requirement under section 111 of the Act; or (II) Are subject to a standard or other requirement under section 112 of the Act, except that a source is not or requirements under section 112(r) of the Act, including area sources subject to a standard or other requirement under

section 112 of the Act, except that an area source is not required to obtain a permit solely because it is subject to regulations or requirements under section 112(r) of the Act.

6. Batch—Defined as follows:

A. For the purpose of 10 CSR 10-5.442, a supply of fountain solution that is prepared and used without alteration until completely used or removed from the printing process.

This term may apply to solutions prepared in either discrete batches or solutions that are continuously blended with automatic mixing units; and B. For all other purposes, a discontinuous process involving the bulk movement of material through sequential manufacturing steps, typically not characterized as steady state.

7. Batch HMIWI—A hospital medical infectious waste incinerator that is designed such that neither waste charging nor ash removal can occur during combustion.

8. Best available control technology (BACT)—An emission limitation (including a visible emission limit) based on the maximum degree of reduction for each pollutant which would be emitted from any proposed installation or major modification which the director on a case-by-case basis, taking into account energy, environmental and economic impacts, and other costs, determines is achievable for the installation or major modification through application of production processes or available methods, systems, and fuel combustion techniques for control of the pollutant. In no event shall application of BACT result in emissions of any pollutant which would exceed the emissions allowed by any applicable emissions control regulation, including New Source Performance Standards established in 10 CSR 10-6.070 and 40 CFR 60 and National Emissions Standards for Hazardous Air Pollutants established in 10 CSR 10-6.080 and 40 CFR 61.

If the director determines that technological or economic limitations on the application of measurement methodology to a particular source operation would make the imposition of an emission limitation infeasible, a design, equipment, work practice, operational standard, or combination of these may be prescribed instead to require the application of BACT. This standard, to the degree possible, shall set forth the emission reduction achievable by implementation of the design, equipment, work practice, or operation and shall provide for compliance by means which achieve equivalent results.

9. Biologicals—Preparations made from living organisms and their products, including vaccines, cultures, etc., intended for use in diagnosing, immunizing, or treating humans or animals or in research pertaining thereto.

10. Blood products—Any product derived from human blood, including but not limited to blood plasma, platelets, red or white blood corpuscles, and other derived licensed products, such as interferon, etc.

11. Body fluids—Liquid emanating or derived from humans and limited to blood; dialysate, amniotic, cerebrospinal, synovial, pleural, peritoneal, and pericardial fluids; and semen and vaginal secretions.

12. Boiler—An enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.

13. Bulk plant—Any gasoline storage and distribution facility that receives gasoline by pipeline, ship or barge, or cargo tank and subsequently loads the gasoline into gasoline cargo tanks for transport to gasoline dispensing facilities, and has a gasoline throughput of less than twenty thousand (20,000) gallons per day. Gasoline throughput shall be the maximum calculated design throughput as may be limited by compliance with an enforceable condition under federal, state, or local law.

14. Bulk terminal—Any gasoline storage and distribution facility that receives gasoline by pipeline, ship or barge, or delivery tank and has a gasoline throughput of twenty thousand (20,000) gallons per day or greater. Gasoline throughput shall be the maximum calculated design throughput as may be limited by compliance with an enforceable condition under federal, state, or local law.

15. Business day—All days, excluding Saturdays, Sundays, and state holidays, that a facility is open to the public.

(C) All terms beginning with C.

1. Capture efficiency—The fraction of all organic vapors or other pollutants generated by a process that is directed to a control device.

2. Carbon adsorption system—A device containing adsorbent material (for example, activated carbon, aluminum, silica gel); an inlet and outlet for exhaust gases; and a system to regenerate the saturated adsorbent. The carbon adsorption system must provide for the proper disposal or reuse of all volatile organic compounds adsorbed.

3. Catalytic incinerator—A control device using a catalyst to allow combustion to occur at a lower temperature.

4. Cause or contribute to a new violation—A federal action that— A. Causes a new violation of a national ambient air quality standard (NAAQS) at a location in a nonattainment or maintenance area which would otherwise not be in violation of the standard during the future period in question if the federal action were not taken; or B. Contributes, in conjunction with other reasonably foreseeable actions, to a new violation of a NAAQS at a location in a nonattainment or maintenance area in a manner that would increase the frequency or severity of the new violation.

5. Caused by, as used in the terms direct emissions and indirect emissions—Emissions that would not otherwise occur in the absence of the federal action.

6. Charcoal kiln—Any closed structure used to produce charcoal by controlled burning (pyrolysis) of wood. Retorts and furnaces used for charcoal production are not charcoal kilns.

7. Chemotherapeutic waste—Waste material resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.

8. Circumvention—Building, erecting, installing, or using any article, machine, equipment, process, or method which, when used, would conceal an emission that would otherwise constitute a violation of an applicable standard or requirement. That concealment includes but is not limited to the use of gaseous adjutants to achieve compliance with a visible emissions standard, and the piecemeal carrying out of an operation to avoid coverage by a standard that applies only to operations larger than a specific size.

9. Class IA concentrated animal feeding operation—Any concentrated animal feeding operation with a capacity of seven thousand (7,000) animal units or more and corresponding to the following number of animals by species listed below:

Class IA concentrated animal feeding operation 7,000 animal unit equivalents Animal species Animal unit equivalent Number of animals Beef cow, feeder, veal calf, cow/calf pair, and dairy heifer 1.07,000 Horses0.53,500 Mature dairy cows0.74,900 Swine weighing > 55 lbs.2.517,500 Swine weighing < 55 lbs.1070,000 Ducks with a wet 535,000 Ducks without a wet 30210,000 Sheep, lambs, and meat and dairy goats 1070,000 Chicken laying hens, pullets, and broilers with a wet handling system 30210,000 Chicken laying hens without a wet handling system 82574,000 Turkeys in grow-out phase 55385,000 Chicken broilers and pullets, and turkey poults in brood phase, all without a wet 125875,000 10. Clean Air Act (CAA)—The Clean Air Act, as amended; also refer to Act.

11. Cleaning operations—Processes of cleaning products, product components, tools, equipment, or general work areas during production, repair, maintenance, or servicing, including but not limited to spray gun cleaning, spray booth cleaning, large and small manufactured component cleaning, parts cleaning, equipment cleaning, line cleaning, floor cleaning, and tank cleaning, at sources with emission units.

12. Cleaning solution—A liquid solvent used to remove printing ink and debris from the surfaces of the printing press and its parts. Cleaning solutions include but are not limited to blanket wash, roller wash, metering roller cleaner, plate cleaner, impression cylinder washes, and rubber rejuvenators.

13. Clinker—The product of a Portland cement kiln from which finished cement is manufactured by milling and grinding.

14. Closed container—A container with a cover fastened in place so that it will not allow leakage or spilling of the contents.

15. Closed landfill—A landfill in which solid waste is no longer being placed and in which no additional wastes will be placed without first filing a notification of modification as prescribed under 40 CFR 60.7(a)(4). Once a notification of modification has been filed, and additional solid waste is placed in the landfill, the landfill is no longer closed.

16. Closure—That point in time when a landfill becomes a closed landfill.

17. Coating—A protective, decorative, or functional material applied in a thin layer to a surface. Such materials include but are not limited to paints, topcoats, varnishes, sealers, stains, washcoats, basecoats, inks, and temporary protective coatings.

Inks not included in the coating definition are— A. For the purpose of 10 CSR 10-5.330, ink used in printing operations regulated under 10 CSR 10-5.340 and 10 CSR 10-5.442; and B. For the purpose of 10 CSR 10-2.230, ink used in printing operations regulated under 10 CSR 10-2.290 and 10 CSR 10-2.340.

18. Coating applicator—An apparatus used to apply a surface coating.

19. Coating line—One (1) or more apparatus or operations which include a coating applicator, flash-off area, and oven where a surface coating is applied, dried, or cured, or a combination of these.

20. Coating solids (or solids)—The part of the coating that remains after the coating is dried or cured; solids content is determined using data from EPA Method 24 or an alternative or equivalent method.

21. Co-fired combustor—A unit combusting hospital waste and/or medical/infectious waste with other fuels or wastes and subject to an enforceable requirement limiting the unit to combusting a fuel feed stream, ten percent (10%) or less of the weight of which is comprised, in aggregate, of hospital waste and medical/infectious waste as measured on a calendarquarter basis. For purposes of this definition, pathological waste, chemotherapeutic waste, and low-level radioactive waste are considered other wastes when calculating the percentage of hospital waste and medical/infectious waste combusted.

22. Cold cleaner—Any device or piece of equipment that contains and/or uses liquid solvent, into which parts are placed to remove soils from the surfaces of the parts or to dry the parts. Cleaning machines that contain and use heated nonboiling solvent to clean the parts are classified as cold cleaning machines.

23. Combustion turbine—An enclosed fossil or other fuelfired device that is comprised of a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine.

24. Commence—For the purposes of major stationary source construction or major modification, the owner or operator has all necessary preconstruction approvals or permits and— A. Began, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or B. Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

25. Commence operation—Initially set into operation air 26. Commercial hospital/medical/infectious waste incinerator (HMIWI)—An HMIWI which offers incineration services for hospital/medical/infectious waste generated offsite by firms unrelated to the firm that owns the HMIWI.

27. Commercial solid waste—All types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial wastes.

28. Commission—The Missouri Air Conservation Commission established pursuant to 643.040, RSMo.

29. Common stack—A single flue through which emissions from two (2) or more NO units are exhausted.

30. Compliance certification—A submission to the director or the administrator, that is required to report a NO source’s or a NO budget unit’s compliance or noncompliance with stated requirements and that is signed by the NO authorized account representative in accordance with 10 CSR 10-6.360.

31. Compliant coating—A finishing material or strippable booth coating that meets the emission limits as specified.

32. Condenser—Any heat transfer device used to liquefy vapors by removing their latent heats of vaporization including but not limited to shell and tube, coil, surface, or contact condensers.

33. Confidential business information—Secret processes, secret methods of manufacture or production, trade secrets, and other information possessed by a business that, under existing legal concepts, the business has a right to preserve as confidential and to limit its use by not disclosing it to others in order that the business may obtain or retain business advantages it derives from its rights in the information.

34. Conformity determination—The evaluation (made after an applicability analysis is completed) that a federal action conforms to the applicable implementation plan and meets the requirements of rule 10 CSR 10-6.300.

35. Conformity evaluation—The entire process from the applicability analysis through the conformity determination that is used to demonstrate that the federal action conforms to the requirements of rule 10 CSR 10-6.300.

36. Conservation vent—Any valve designed and used to reduce evaporation losses of volatile organic compounds by limiting the amount of air admitted to, or vapors released from, the vapor space of a closed storage vessel.

37. Construct a major source—For the purpose of 10 CSR 10-6.060(9), fabricate, erect, or install— A. For a greenfield site, a stationary source or group of stationary sources which is located within a contiguous area and under common control and which emits or has the potential to emit ten (10) tons per year of any hazardous air pollutant (HAP) or twenty-five (25) tons per year of any combination of HAPs; or B. For a developed site, a new process or production unit which in and of itself emits or has the potential to emit ten (10) tons per year of any HAP or twenty-five (25) tons per year of any combination of HAPs.

38. Construction—Fabricating, erecting, reconstructing, or installing a source operation. Construction shall include installation of building supports and foundations, laying of underground pipe work, building of permanent storage structures, and other construction activities related to the source operation.

39. Continuous emissions monitoring system (CEMS)—A monitoring system for continuously measuring and recording the emissions of a pollutant from an affected facility.

40. Continuous hospital/medical/infectious waste incinerator (HMIWI)—An HMIWI that is designed to allow waste charging and ash removal during combustion.

41. Continuous opacity monitoring system (COMS)—All equipment required to continuously measure and record the opacity of emissions within a stack or duct. COMS consists of sample interface, analyzer, and data recorder components and usually includes, at a minimum, transmissometers, transmissometer control equipment, and data transmission, acquisition, and recording equipment.

42. Continuous recorder—A data recording device recording an instantaneous data value at least once every fifteen (15) minutes.

43. Contractor—Defined as follows:

A. For the purpose of 10 CSR 10-5.381, the state contracted company who shall implement the decentralized motor vehicle emissions inspection program as specified in 643.300–643.355, RSMo, and the state contracted company who shall implement the acceptance test procedure; and B. For all other purposes, any person, who by agreement, contractual or otherwise, conducts projects or provides services.

44. Control device—Any equipment that reduces the quantity of a pollutant that is emitted to the air. The device may destroy or secure the pollutant for subsequent recovery.

Includes but is not limited to incinerators, carbon adsorbers, and condensers.

45. Control device efficiency—The ratio of the pollution released by a control device and the pollution introduced to the control device, expressed as a fraction.

46. Control period—Defined as follows:

A. For the purposes of 10 CSR 10-5.490 and 10 CSR 10- 6.310, the interval of time for which the collection and control system has been operated; and B. For all other purposes, the period beginning May 1 of a calendar year and ending on September 30 of the same calendar year.

47. Control system—The combination of capture and control devices used to reduce emissions to the atmosphere.

48. Controlled landfill—Any landfill at which collection and control systems are required as a result of the nonmethane organic compounds emission rate. The landfill is considered controlled if a collection and control system design plan is submitted in compliance with the applicable rule.

49. Conveyorized degreaser—A type of degreaser in which the parts are loaded continuously.

50. Criteria pollutant or standard—Any pollutants for which there is established a National Ambient Air Quality Standard at 40 CFR 50.

51. Cutback asphalt—Any asphaltic cement that has been liquefied by blending with volatile organic compound liquid diluents.

(D) All terms beginning with D.

1. Day—A period of twenty-four (24) consecutive hours beginning at midnight local time, or beginning at a time consistent with a facility’s operating schedule.

2. Degreasing—A solvent metal cleaning in which nonaqueous solvents are used to clean and remove soils from metal surfaces.

3. De minimis levels—Any emissions level less than or equal to the rates listed in subsection (3)(A) of this rule.

4. Demolition—The wrecking, razing, intentional burning, or removing of any load-supporting structural member or portion of a structure together with any related handling operation.

5. Department—Defined as follows:

A. For the purpose of 10 CSR 10-5.381, the state agency responsible for oversight of the vehicle emissions inspection and maintenance program required by the 1990 Federal Clean Air Act Amendments; and B. For all other purposes, the Missouri Department of Natural Resources, which includes the director thereof, or the person or division or program within the department delegated the authority to render the decision, order, determination, finding, or other action that is subject to review by the commission. PO Box 176, Jefferson City, MO 65102.

6. Design capacity—For the purposes of 10 CSR 10-5.490 and 10 CSR 10-6.310, the maximum amount of solid waste the landfill can accept, as indicated in terms of volume or mass in the most recent operating or construction permit issued by the county or state agency responsible for regulating the landfill, plus any in-place waste not accounted for in the most recent permit. If the owner or operator chooses to convert the design capacity from volume to mass or from mass to volume to demonstrate its design capacity is less than two and one-half (2.5) million megagrams or two and one-half (2.5) million cubic meters, the calculation must include a site-specific density, which must be recalculated annually.

7. Designated representative—A responsible individual authorized by the owner or operator of an affected source and of all affected units at the source, as evidenced by a certificate of representation submitted in accordance with 40 CFR 72, subpart B, to represent and legally bind each owner and operator, as a matter of federal law, in matters pertaining to the Acid Rain Program. Whenever the term responsible official is used in 40 CFR 70, 10 CSR 10-6.065, or in any other regulations implementing Title V of the Act, it shall be deemed to refer to the designated representative with regard to all matters under the Acid Rain Program.

8. Diesel engine—A compression-ignited two- (2-) or four- (4-) stroke engine in which liquid fuel is injected into the combustion chamber and ignited when the air charge has been compressed to a temperature sufficiently high for autoignition.

9. Digital printing—A print-on-demand method of printing in which an electronic output device transfers variable data, in the form of an image, from a computer to a variety of substrates. Digital printing methods include but are not limited to inkjet printing, electrophotographic printing, dye sublimation printing, thermal wax printing, and solid ink printing.

10. Direct emissions—Those emissions of a criteria pollutant or its precursors that are caused or initiated by the federal action and originate in a nonattainment or maintenance area and occur at the same time and place as the action and are reasonably foreseeable.

11. Director or department director—Director of the Missouri Department of Natural Resources, or a designated representative, to carry out the duties as described in section 643.060, RSMo.

12. Dispersion technique— A. Any technique designed to affect the concentration of a pollutant in the ambient air by— (I) Using that portion of a stack which exceeds good engineering practice stack height;

(II) Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or (III) Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one (1) stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise; and B. This definition does not include— (I) The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the installation generating the gas stream;

(II) The merging of exhaust gas streams where— (a) The installation owner or operator demonstrates that the installation was originally designed and constructed with the merged gas streams;

(b) After July 8, 1985, the merging is part of a change in operation at the installation that includes the installation of emissions control equipment and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the definition of dispersion technique shall apply only to the emission limitation for the pollutant affected by a change in operation; or (c) Before July 8, 1985, the merging was part of a change in operation at the installation that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons. Where there was an increase in the emission limitation or in the event that no emission limitation was in existence prior to the merging, the director shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Without a demonstration by the source owner or operator that merging was not significantly motivated by that intent, the director shall deny credit for the effects of merging in calculating the allowable emissions for the source;

(III) Smoke management in agricultural or silvicultural prescribed burning programs;

(IV) Episodic restrictions on residential woodburning and open burning; or (V) Techniques under part (2)(D)12.A.(III) of this rule which increase final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the installation do not exceed five thousand (5,000) tons per year.

13. Distillation operation—An operation separating one (1) or more feed stream(s) into two (2) or more exit streams, each exit stream having component concentration different from those in the feed stream(s). The separation is achieved by the redistribution of the components between the liquidand vapor-phase as they approach equilibrium within the distillation unit.

14. Distillation unit—A device or vessel in which distillation operations occur, including all associated internals (such as trays or packing) and accessories (such as reboiler, condenser, vacuum pump, stream jet, etc.), plus any associated recovery 15. Draft permit—The version of a permit for which the 16. Drum—Any cylindrical container of thirteen to one hundred ten- (13–110-) gallon capacity.

(E) All terms beginning with E.

1. Electric generating unit (EGU)—Any fossil-fuel-fired boiler or turbine that serves an electrical generator with the potential to use more than fifty percent (50%) of the usable energy from the boiler or turbine to generate electricity.

2. Electrodeposition primer (EDP)—A protective, corrosionresistant waterborne primer on exterior and interior surfaces that provides thorough coverage of recessed areas. It is a dip coating method that uses an electrical field to apply or deposit the conductive coating onto the part. The object being painted acts as an electrode that is oppositely charged from the particles of paint in the dip tank.

3. Electronic component—All portions of an electronic assembly, including but not limited to circuit board assemblies, printed wire assemblies, printed circuit boards, soldered joints, ground wires, bus bars, and associated electronic component manufacturing equipment such as screens and filters.

4. Emergency—A situation or occurrence of a serious nature that develops suddenly, unexpectedly, and demands immediate action.

5. Emission(s)—The release or discharge, whether directly contaminants.

6. Emission data— A. The identity, amount, frequency, concentration, or other characteristics (related to air quality) of any air contaminant which— (I) Has been emitted from an emission unit;

(II) Results from any emission by the emissions unit;

(III) Under an applicable standard or limitation, the emissions unit was authorized to emit; or (IV) Is a combination of any of the parts (2)(E)6.A.(I), (II), or (III) of this rule;

B. The name, address (or description of the location), and the nature of the emissions unit necessary to identify the emission units including a description of the device, equipment, or operation constituting the emissions unit; and C. The results of any emission testing or monitoring required to be reported under any rules of the commission.

7. Emission inventory—A listing of information on the location, type of source, type and quantity of pollutant emitted, as well as other parameters of the emissions.

8. Emission limitation—A regulatory requirement, permit condition, or consent agreement which limits the quantity, rate, or concentration of emissions on a continuous basis, including any requirement which limits the level of opacity, prescribes equipment, sets fuel specifications, or prescribes operation or maintenance procedures for an installation to assure continuous emission reduction.

9. Emissions budgets—Those portions of the total allowable emissions defined in a U.S. Environmental Protection Agency-approved revision to the applicable implementation plan for a certain date for the purpose of meeting reasonable further progress milestones or attainment or maintenance demonstrations, for any criteria pollutant or its precursors, specifically allocated by the applicable implementation plan to mobile sources, to any stationary source or class of stationary sources, to any federal action or class of action, to any class of area sources, or to any subcategory of the emissions inventory.

The allocation system must be specific enough to assure meeting the criteria of section 176(c)(1)(B) of the Clean Air Act.

An emissions budget may be expressed in terms of an annual period, a daily period, or other period established in the applicable implementation plan.

10. Emissions inspection—For the purpose of 10 CSR 10- 5.381, tests performed on a vehicle in order to evaluate whether the vehicle’s emissions control components are present and properly functioning.

11. Emissions report—A report that satisfies the provisions of 10 CSR 10-6.110 and is either a— A. Full emissions report—Contains all required data elements for current reporting year; or B. Reduced reporting form—Represents data elements and emissions from the last full emissions report.

12. Emissions unit—Any part or activity of an installation pollutant or any pollutant listed under section 112(b) of the Act.

This term is not meant to alter or affect the definition of the term unit for the purposes of Title IV of the Act.

13. Enamel—A surface coating that is a mixture of paint and varnish, having vehicles similar to those used for varnish, but also containing pigments.

14. Enclosed combustor—An enclosed firebox which maintains a relatively constant limited peak temperature generally using a limited supply of combustion air. An enclosed flare is considered an enclosed combustor.

15. Equipment—Any item that is designed or intended to perform any operation and includes any item attached to it to assist in the operation.

16. Equipment leak—Emissions of volatile organic compounds from pumps, valves, flanges, or other equipment used to transfer or apply finishing materials or organic solvents.

17. Equivalent method—Any method of sampling and analyzing for an air pollutant that has been demonstrated to the director’s satisfaction to have a consistent and quantitatively known relationship to the reference method under specific conditions.

18. Ethylene propylene diene monomer (EPDM) roof membrane—A prefabricated single sheet of elastomeric material composed of ethylene propylene diene monomer and that is applied to a building roof in the field using one (1) layer of membrane material.

19. Excess emissions—The emissions which exceed the requirements of any applicable emission control regulation.

20. Excessive concentration— A. For installations seeking credit for reduced ambient pollutant concentrations from stack height exceeding that defined in subparagraph (2)(G)7.B. of this rule, an excessive concentration is a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which are at least forty percent (40%) in excess of the maximum concentration experienced in the absence of the downwash, wakes, or eddy effects, and that contributes to a total concentration due to emissions from all installations that is greater than an ambient air quality standard. For installations subject to the prevention of significant deterioration program as set forth in 10 CSR 10-6.060(8), an excessive concentration means a maximum ground-level concentration due to emissions from a stack due to the same conditions as mentioned previously and is greater than a prevention of significant deterioration increment. The allowable emission rate to be used in making demonstrations under this definition shall be prescribed by the new source performance regulation as referenced by 10 CSR 10-6.070 for the source category unless the owner or operator demonstrates that this emission rate is infeasible. Where demonstrations are approved by the director, an alternative emission rate shall be established in consultation with the source owner or operator;

B. For installations seeking credit after October 11, 1983, for increases in stack heights up to the heights established under subparagraph (2)(G)7.B. of this rule, an excessive concentration is either— (I) A maximum ground-level concentration due in whole or part to downwash, wakes, or eddy effects as provided in subparagraph (2)(E)20.A. of this rule, except that the emission rate used shall be the applicable emission limitation (or, in the absence of this limit, the actual emission rate); or (II) The actual presence of a local nuisance caused by the stack, as determined by the director; and C. For installations seeking credit after January 12, 1979, for a stack height determined under subparagraph (2)

(G)7.B. of this rule where the director requires the use of a field study of fluid model to verify good engineering practice stack height, for installations seeking stack height credit after November 9, 1984, based on the aerodynamic influence of cooling towers, and for installations seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not represented adequately by the equations in subparagraph (2)(G)7.B. of this rule, a maximum ground-level concentration due in whole or part to downwash, wakes, or eddy effects that is at least forty percent (40%) in excess of the maximum concentration experienced in the absence of downwash, wakes, or eddy effects.

21. Existing—Any equipment, machine, device, article, contrivance, or installation that is existing, installed, or under construction in the Kansas City metropolitan area on September 25, 1968 (Buchanan County, January 21, 1970), in the St. Louis metropolitan area on March 24, 1967 (Franklin County, January 18, 1972), in the Springfield metropolitan area on September 24, 1971, and in the outstate Missouri area on February 24, 1971, except that if equipment, machine, device,

article, contrivance, or installation subsequently is altered, repaired, or rebuilt at a cost of fifty percent (50%) or more of its replacement cost exclusive of routine maintenance, it shall no longer be existing but shall be considered new as defined in this regulation. The cost of installing equipment designed principally for the purpose of air pollution control is not to be considered a cost of altering, repairing, or rebuilding existing equipment for the purpose of this definition.

(F) All terms beginning with F.

1. Facilities manager—The individual in charge of purchasing, maintaining, and operating the HMIWI or the owner’s or operator’s representative responsible for the management of the HMIWI. Alternative titles may include director of facilities or vice president of support services.

2. Facility—See installation.

3. Federal agency—A federal department, agency, or instrumentality of the federal government.

4. Federally enforceable—All limitations and conditions which are enforceable by the administrator, including those requirements developed pursuant to 40 CFR 55, 60, 61, and 63; requirements within any applicable state implementation plan; requirements in operating permits issued pursuant to 40 CFR 70 or 71, unless specifically designated as nonfederally enforceable; and any permit requirements established pursuant to 40 CFR 52.10, 52.21, or 55, or under regulations approved pursuant to 40 CFR 51, subpart I, including operating permits issued under a U.S. Environmental Protection Agency-approved program that is incorporated into the state implementation plan and expressly requires adherence to any permit issued under such program.

5. Final permit—The version of a part 70 permit issued procedures as required in 40 CFR 70.7 and 70.8.

6. Finishing material—A coating used in the wood furniture industry.

7. Finishing operation—Those activities in which a finishing material is applied to a substrate and is subsequently air-dried, cured in an oven, or cured by radiation.

8. Firebox—The chamber or compartment of a boiler or furnace in which materials are burned but does not mean the combustion chamber of an incinerator.

9. Flame zone—The portion of the combustion chamber in a boiler occupied by the flame envelope.

10. Flare—An open combustor without enclosure or shroud.

11. Flash-off area—The space between the application area and the oven.

12. Flexible package printing—The application of a coating, or the performance of a graphic arts operation, to flexible packaging. The printing processes used for flexible package printing are rotogravure and flexography. The printing of shrink-wrap labels or wrappers conducted on or in-line with a flexible package printing press is flexible package printing. The printing of self-adhesive labels is not flexible package printing.

13. Flexible packaging—Any package or part of a package the shape of which can be readily changed. Flexible packaging includes but is not limited to bags, pouches, liners, and wraps utilizing paper, plastic, film, aluminum foil, metalized or coated paper or film, or any combination of these materials.

14. Flexographic printing—The application of words, designs, and pictures to a substrate by means of a roll printing technique in which the pattern to be applied is raised above the printing roll and the image carrier is made of rubber or other elastomeric materials.

15. Fossil fuel—Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.

16. Fossil-fuel-fired—With regard to a unit, the combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel is projected to comprise more than fifty percent (50%) of the annual heat input.

17. Friable asbestos-containing material—Any material that contains more than one percent (1%), as determined by either the method specified in appendix E, section 1 Polarized Light Microscopy in 40 CFR 61, subpart M or EPA/600/R-93/116 Method for the Determination of Asbestos in Bulk Building Materials, asbestos that, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure.

18. Fugitive emissions—Those emissions which according to good engineering practice could not pass through a stack, chimney, vent, or other functionally equivalent opening.

(G) All terms beginning with G.

1. Gas mover equipment—The equipment (i.e., fan, blower, compressor) used to transport landfill gas through the header 2. Gaseous fuel—A combustible gas that includes but is not limited to natural gas, landfill gas, coal-derived gas, refinery gas, and biogas. Blast furnace gas is not considered a gaseous fuel under this definition.

3. Gasoline—A petroleum liquid having a Reid vapor pressure four pounds (4 lbs) per square inch or greater.

4. Gasoline distribution facility—Any stationary facility which transfers, loads, and/or unloads gasoline, including but not limited to gasoline bulk terminals, bulk plants, and pipeline facilities, that also does not meet the definition of a gasoline dispensing facility.

5. General account—A NO account that is not a compliance account or an overdraft account.

6. Generator—A device that produces electricity.

7. Good engineering practice (GEP) stack height—The greater of— A. Sixty-five meters (65 m) measured from the groundlevel elevation at the base of the stack;

B. For stacks on which construction commenced on or before January 12, 1979, and for which the owner or operator had obtained all applicable permits or approvals required under 40 CFR 51 and 52, Hg = 2.5H provided the owner or operator produces evidence that this equation was actually relied on in establishing an emission limitation; and for all other stacks, Hg = H + 1.5L Hg = GEP stack height, measured from the ground-level H = height of nearby structure(s) measured from the groundlevel elevation at the base of the stack; and L = lesser dimension, height, or projected width of the nearby structure(s). Provided that the director may require the use of a field study or fluid model to verify GEP stack height for the installation; or C. The height demonstrated by a fluid model or field study approved by the director, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures, or nearby terrain features.

8. Gravity-based assessment—The degree of seriousness of a violation taking into consideration the risk to human health and the environment posed by the violation and considering the extent of deviation from sections 643.010–643.250, RSMo.

9. Greenfield site—For the purpose of 10 CSR 10-6.060(9), a contiguous area under common control that is an undeveloped site.

10. Gross vehicle weight rating (GVWR)—The value specified by the manufacturer as the maximum design loaded weight of a single vehicle.

11. Ground-level ozone—A colorless, odorless gas formed by the mixing of volatile organic compounds and oxides of nitrogen from stationary and mobile pollution sources in the presence of heat and sunlight. Ground-level ozone is a strong oxidizer that negatively affects human health by causing diminished lung function in both healthy individuals and those with pre-existing respiratory problems.

(H) All terms beginning with H.

1. Hand-fired fuel-burning equipment—Any stove, furnace, or other fuel-burning device in which fuel is manually introduced directly into the combustion chamber.

2. Hardboard—A panel manufactured primarily from interfelted lignocellulosic fibers that are consolidated under heat and pressure in a hot press.

3. Hardwood particleboard—A manufactured board onefourth inch (1/4") or less in thickness made of individual wood particles that have been coated with a binder and formed into flat sheets by pressure.

4. Hazardous air pollutant—Any of the air pollutants listed in subsection (3)(C) of this rule.

5. Hearing—Any presentation to, or consideration by, the hearing officer of evidence or argument on a petition seeking the commission’s review of an action by the department.

6. Hearing officer—A person appointed by the Administrative Hearing Commission.

7. Heat input—The product (in mmBtu/time) of the gross calorific value of the fuel (in Btu/lb) and the fuel feed rate into a combustion device (in mass of fuel/time), as measured, recorded, and reported to the administrator by the NO authorized account representative and as determined by the administrator in accordance with the approved process, and does not include the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources.

8. Heatset—A class of web-offset lithographic and letterpress printing in which the setting of the printing inks requires a heated dryer to evaporate the ink oils. The setting or curing of inks using only radiation (e.g., infrared, ultraviolet light, or electron beam) is not heatset and is classified as nonheatset.

9. Heavy-duty diesel vehicle—A vehicle that— A. Has a gross vehicle weight rating greater than ten thousand pounds (10,000 lbs);

B. Is powered by a diesel engine; and C. Is designed primarily for transporting persons or property on a public street or highway.

10. Heavy-duty vehicle (HDV)—Any motor vehicle rated at eight thousand five hundred one pounds (8,501 lbs) gross vehicle weight rating or more.

11. High-air phase—The stage of the batch operating cycle when the primary chamber reaches and maintains maximum operating temperatures.

12. Higher heating value (HHV)—The total heat liberated per mass of fuel burned in British thermal units (Btu) per pound, when fuel and dry air at standard conditions undergo complete combustion and all resultant products are brought to their standard states at standard conditions. It can be determined by 10 CSR 10-6.040(2) for solid fuels or 10 CSR 10- 6.040(3) for liquid hydrocarbons.

13. HMIWI operator—Any person who operates, controls, or supervises the day-to-day operation of an HMIWI.

14. Hospital—Any facility which has an organized medical staff, maintains at least six (6) inpatient beds, and where the primary function of the institution is to provide diagnostic and therapeutic patient services and continuous nursing care primarily to human in-patients who are not related and who stay on average in excess of twenty-four (24) hours per admissions. This definition does not include facilities maintained for the sole purpose of providing nursing or convalescent care to human patients who generally are not acutely ill but who require continuing medical supervision.

15. Hospital/medical/infectious waste incinerator (HMIWI) or HMIWI unit—Any device that combusts any amount of hospital waste and/or medical/infectious waste.

16. Hospital waste—Discards generated at a hospital, except unused items returned to the manufacturer. The definition of hospital waste does not include human corpses, remains, and anatomical parts that are intended for interment or cremation.

17. Household waste—Any solid waste (including garbage, trash, and sanitary waste in septic tanks) derived from households (including but not limited to single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).

(I) All terms beginning with I.

1. Incinerator—Any article, machine, equipment, open burning as defined in this rule.

2. Increase the frequency or severity of any existing violation of any standard in any area—To cause a nonattainment area to exceed a standard more often or to cause a violation at a greater concentration than previously existed or would otherwise exist during the future period in question, if the project were not implemented.

3. Indirect emissions—Those emissions of a criteria pollutant or its precursors— A. That are caused or initiated by the federal action and originate in the same nonattainment or maintenance area but may occur at a different time or place;

B. That are reasonably foreseeable; and C. That the federal agency can practically control and will maintain control due to a continuing program responsibility of the federal agency, including but not limited to— (I) Traffic on or to, or stimulated or accommodated by, a proposed facility which is related to increases or other changes in the scale or timing of operations of such facility;

(II) Emissions related to the activities of employees of contractors or federal employees;

(III) Emissions related to employee commutation and similar programs to increase average vehicle occupancy imposed on all employers of a certain size in the locality; or (IV) Emissions related to the use of federal facilities under lease or temporary permit. For the purposes of this definition, even if a federal licensing, rulemaking, or other approving action is a required initial step for a subsequent activity that causes emissions, such initial steps do not mean that a federal agency can practically control any resulting 4. Indirect heating source—A source operation in which fuel is burned for the primary purpose of producing steam, hot water, or hot air, or other indirect heating of liquids, gases, or solids where, in the course of doing so, the products of combustion do not come into direct contact with process 5. Indoor floor covering installation adhesive—An adhesive intended by the manufacturer for use in the installation of wood flooring, carpet, resilient tile, vinyl tile, vinyl-backed carpet, resilient sheet, and roll or artificial grass. Adhesives used to install ceramic tile and perimeter bonded sheet flooring with vinyl backing onto a nonporous substrate, such as flexible vinyl, are excluded from this category.

6. Infectious agent—Any organism (such as a virus or bacteria) that is capable of being communicated by invasion and multiplication in body tissues and capable of causing disease or adverse health impacts in humans.

7. Initial emissions inspection—For the purpose of 10 CSR 10-5.381, an emissions inspection consisting of the inspection series that occurs the first time a vehicle is inspected in a compliance cycle.

8. Initial fueling of motor vehicles—The operation, including related equipment, of dispensing gasoline fuel into a newly assembled motor vehicle equipped with onboard refueling vapor recovery (ORVR) at an automobile assembly plant while the vehicle is still being assembled on the assembly line. Newly assembled motor vehicles being fueled on the assembly line shall be equipped with ORVR and have fuel tanks that have never before contained gasoline fuel.

9. Ink formulation as applied—The base graphic arts coating and any additives such as thinning solvents to make up the ink material that is applied to a substrate.

10. Innovative control technology—Any system of air pollution control that has not been adequately demonstrated in practice but would have a substantial likelihood of achieving greater continuous emission reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or nonair quality environmental impacts.

11. Insignificant activity—An activity or emission unit in which the only applicable requirement would be to list the requirement in an operating permit application under 10 CSR 10-6.065 and is either of the following:

A. Emission units whose aggregate emission levels for the installation do not exceed that of the de minimis levels; and B. Emission units or activities listed in 10 CSR 10-6.061 as exempt or excluded from construction permit review under 10 CSR 10-6.060.

12. Installation—All source operations, including activities that result in fugitive emissions, that belong to the same industrial grouping (that have the same two- (2-) digit code as described in the Standard Industrial Classification Manual, 1987), and any marine vessels while docked at the installation, and under the control of the same person (or persons under common control).

13. Institutional cleaning—Cleaning activities conducted at organizations, societies, or corporations including but not limited to schools, hospitals, sanitariums, and prisons.

14. Interior well—Any well or similar collection component located inside the perimeter of the landfill waste. A perimeter well located outside the landfill waste is not an interior well.

15. Intermediate installations—Part 70 installations that become basic state installations based on their potential to emit by accepting the imposition of voluntarily agreed to federally enforceable limitations on the type of materials combusted or processed, operating rates, hours of operation, or emission rates more stringent than those otherwise required by rule or regulation.

16. Intermittent hospital/medical/infectious waste incinerator (HMIWI)—An HMIWI that is designed to allow waste charging, but not ash removal, during combustion.

17. Internal combustion engine—Any engine in which power, produced by heat and/or pressure developed in the engine cylinder(s) by burning a mixture of fuel and air, is subsequently converted to mechanical work by means of one (1) or more pistons.

18. Internal floating roof—A product cover in a fixed roof tank which rests upon or is floated upon the volatile organic compound liquid being contained and which is equipped with a sliding seal(s) to close the space between the edge of the covers and tank shell.

(J) All terms beginning with J.

1. Janitorial cleaning—The cleaning of building or facility components such as the floors, ceilings, walls, windows, doors, stairs, bathrooms, kitchens, etc. in nonmanufacturing areas.

2. Jobbing cupola—A cupola which has a single melting cycle operated no more than ten (10) hours in any consecutive twenty-four (24) hours and no more than fifty (50) hours in any consecutive seven (7) days.

(K) All terms beginning with K.

1. Kansas City metropolitan area—The geographical area comprised of Jackson, Cass, Clay, Platte, Ray, and Buchanan (L) All terms beginning with L.

1. Laminate—A product made by bonding together two (2) or more layers of material.

2. Landfill—An area of land or an excavation in which wastes are placed for permanent disposal, and that is not a land application unit, surface impoundment, injection well, or waste pile as those terms are defined under 40 CFR 257.2.

3. Large HMIWI—An HMIWI whose maximum design waste burning capacity is more than five hundred pounds (500 lbs) per hour, or a continuous or intermittent HMIWI whose maximum charge rate is more than five hundred pounds (500 lbs) per hour, or a batch HMIWI whose maximum charge rate is more than four thousand pounds (4,000 lbs) per day. The following are not large HMIWI: a continuous or intermittent HMIWI whose maximum charge rate is less than or equal to five hundred pounds (500 lbs) per hour; or a batch HMIWI whose maximum charge rate is less than or equal to four thousand pounds (4,000 lbs) per day.

4. Lateral expansion—A horizontal expansion of the waste boundaries of an existing municipal solid waste landfill. A lateral expansion is not a modification unless it results in an increase in the design capacity of the landfill.

5. Lean-burn engine—Any two- (2-) or four- (4-) stroke spark-ignited (SI) engine with greater than four percent (4%) oxygen in the engine exhaust.

6. Letterpress printing—A printing process in which the image area is raised relative to the nonimage area, and the ink is transferred to the substrate directly from the image surface.

7. Licensed emissions inspection station—Any business that has met the licensing requirements as specified and been licensed to offer vehicle emissions inspection services on behalf of the department.

8. Licensed emissions inspector—Any individual that has met the licensing requirements as specified and been licensed to conduct vehicle emissions inspections on behalf of the 9. Life-of-the-unit, firm power contractual arrangement—A unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy from any specified unit and pays its proportional amount of such unit’s total costs, pursuant to a contract— A. For the life of the unit;

B. For a cumulative term of no less than thirty (30) years, including contracts that permit an election for early termination; or C. For a period equal to or greater than twenty-five (25) years or seventy percent (70%) of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.

10. Light-duty truck (LDT)—Any motor vehicle rated at eight thousand five hundred pounds (8,500 lbs) gross weight or less, and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is— A. Designed primarily for purposes of transportation of property or is a derivation of such a vehicle;

B. Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or C. Available with special features enabling off-street or off-highway operation and use.

11. Light-duty vehicle (LDV)—A passenger car or passenger car derivative capable of seating twelve (12) passengers or less that is rated at six thousand pounds (6,000 lbs) gross vehicle weight rating or less.

12. Light-liquid volatile organic compound (VOC)—A fluid VOC with a vapor pressure greater than 0.3 kilopascals (kPa) at twenty degrees Celsius (20°C).

13. Light-liquid volatile organic compound (VOC) service—A component shall be considered in such service if it contacts a process fluid containing ten percent (10%) or greater light-liquid VOC by weight.

14. Liquid fuel—A combustible liquid that includes but is not limited to distillate oil, residual oil, waste oil, and process liquids.

15. Local air quality modeling analysis—An assessment of localized impacts on a scale smaller than the entire nonattainment or maintenance area, including, for example, congested roadways on a federal facility, which uses an air quality dispersion model (e.g., Industrial Source Complex Model or Emission and Dispersion Model System) to determine the effects of emissions on air quality.

16. Low-level radioactive waste—Waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release.

Low-level radioactive waste is not high-level radioactive waste, spent nuclear fuel, or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)).

17. Lowest achievable emission rate (LAER)—That rate of emissions which reflects— A. The most stringent emission limitation which is contained in any state implementation plan for a class or category of source, unless the owner or operator of the proposed source demonstrates that the limitations are not achievable; or B. The most stringent emission limitation which is achieved in practice by the class or category of source, whichever is more stringent. LAER shall not be less stringent than the new source performance standard limit.

(M) All terms beginning with M.

1. Maintenance area—An area that was designated as nonattainment and has been re-designated in 40 CFR 81 to attainment, meeting the provisions of section 107(d)(3)(E) of the Act and has a maintenance plan approved under section 175A of the Act.

2. Maintenance operation—Normal routine maintenance on any stationary internal combustion engine or the use of an emergency standby engine and fuel system during testing, repair, and routine maintenance to verify its readiness for emergency standby use.

3. Maintenance plan—A revision to the applicable Missouri State Implementation Plan, meeting the requirements of

section 175A of the Clean Air Act.

4. Malfunction—Defined as follows:

A. For the purpose of 10 CSR 10-6.200, malfunction is any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused, in part, by poor maintenance or careless operation are not malfunctions. During periods of malfunction the operator shall operate within established parameters as much as possible, and monitoring of all applicable operating parameters shall continue until all waste has been combusted or until the malfunction ceases, whichever comes first; and B. For all other purposes, malfunction means a sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal and usual manner. Excess emissions caused by improper design shall not be deemed a malfunction.

5. Marine vessel—A craft capable of being used as a means of transportation on water, except amphibious vehicles.

6. Maskant—A coating applied directly to an aerospace component to protect those areas when etching other parts of the component.

7. Mask coating—A thin film coating applied through a template to coat a small portion of a substrate.

8. Material safety data sheet (MSDS)—The chemical, physical, technical, and safety information document supplied by the manufacturer of the coating, solvent, or other chemical 9. Maximum achievable control technology (MACT)—The maximum degree of reduction in emissions of the hazardous air pollutants listed in subsection (3)(C) of this rule (including a prohibition on these emissions where achievable) that the administrator, taking into consideration the cost of achieving emissions reductions and any non-air quality health and environmental impacts and requirements, determines is achievable for new or existing sources in the category or subcategory to which this emission standard applies, through application of measures, processes, methods, systems, or techniques including but not limited to measures which— A. Reduce the volume of or eliminate emissions of pollutants through process changes, substitution of materials, or other modifications;

B. Enclose systems or processes to eliminate emissions;

C. Collect, capture, or treat pollutants when released from a process, stack, storage, or fugitive emissions point;

D. Are design, equipment, work practice, or operational standards (including requirements for operational training or certification); or E. Are a combination of subparagraphs (2)(M)9.A.–D. of 10. Maximum design heat input—The ability of a unit to combust a stated maximum amount of fuel per hour on a steady state basis, as determined by the physical design and physical characteristics of the unit.

11. Medical device—An instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar article, including any component or accessory that meets one (1) of the following conditions:

A. It is intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease;

B. It is intended to affect the structure or any function of the body; or C. It is defined in the National Formulary or the United States Pharmacopoeia, or any supplement to them.

12. Medical/infectious waste—Any waste generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals as exempted in the applicable rule.

The definition of medical/infectious waste does not include hazardous waste identified or listed under the regulations in 40 CFR 261; household waste, as defined in 40 CFR 261.4(b)

(1); ash from incineration of medical/infectious waste, once the incineration process has been completed; human corpses, remains, and anatomical parts that are intended for interment or cremation; and domestic sewage materials identified in 40 CFR 261.4(a)(1).

A. Cultures and stocks of infectious agents and associated biologicals, including cultures from medical and pathological laboratories; cultures and stocks of infectious agents from research and industrial laboratories; wastes from the production of biologicals; discarded live and attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures.

B. Human pathological waste, including tissues, organs, and body parts and body fluids that are removed during surgery or autopsy, or other medical procedures, and specimens of body fluids and their containers.

C. Human blood and blood products including— (I) Liquid waste human blood;

(II) Products of blood;

(III) Items saturated and/or dripping with human blood; and (IV) Items that were saturated and/or dripping with human blood that are now caked with dried human blood including serum, plasma, and other blood components, and their containers, which were used or intended for use in either patient care, testing and laboratory analysis, or the development of pharmaceuticals. Intravenous bags are also included in this category.

D. Sharps that have been used in animal or human patient care or treatment or in medical, research, or industrial laboratories, including hypodermic needles, syringes (with or without the attached needle), pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, and culture dishes (regardless of presence of infectious agents). Also included are other types of broken or unbroken glassware that were in contact with infectious agents, such as used slides and cover slips.

E. Animal waste including contaminated animal carcasses, body parts, and bedding of animals that were known to have been exposed to infectious agents during research (including research in veterinary hospitals), production of biologicals, or testing of pharmaceuticals.

F. Isolation wastes including biological waste and discarded materials contaminated with blood, excretions, exudates, or secretions from humans who are isolated to protect others from certain highly communicable diseases, or isolated animals known to be infected with highly communicable diseases.

G. Unused sharps including the following unused, discarded sharps: hypodermic needles, suture needles, syringes, and scalpel blades.

13. Medium hospital/medical/infectious waste incinerator (HMIWI)—An HMIWI whose maximum design waste burning capacity is more than two hundred pounds (200 lbs) per hour but less than or equal to five hundred pounds (500 lbs) per hour, or a continuous or intermittent HMIWI whose maximum charge rate is more than two hundred pounds (200 lbs) per hour but less than or equal to five hundred pounds (500 lbs) per hour, or a batch HMIWI whose maximum charge rate is more than one thousand six hundred pounds (1,600 lbs) per day, but less than or equal to four thousand pounds (4,000 lbs) per day. The following are not medium HMIWI: a continuous or intermittent HMIWI whose maximum charge rate is less than or equal to two hundred pounds (200 lbs) per hour or more than five hundred pounds (500 lbs) per hour; or a batch HMIWI whose maximum charge rate is more than four thousand pounds (4,000 lbs) per day or less than or equal to one thousand six hundred pounds (1,600 lbs) per day.

14. Milestone—The meaning given in sections 182(g)(1) and 189(c)(1) of the Clean Air Act. It consists of an emissions level and the date on which it is required to be achieved.

15. Minimum dioxin/furan sorbent flow rate—Ninety percent (90%) of the highest three- (3-) hour average dioxin/ furan sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the dioxin/furan emission limit.

16. Minimum mercury (Hg) sorbent flow rate—Ninety percent (90%) of the highest three- (3-) hour average Hg sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the Hg emission limit.

17. Minimum horsepower or amperage—Ninety percent (90%) of the highest three- (3-) hour average horsepower or amperage to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the applicable emission limit.

18. Minimum hydrogen chloride (HCl) sorbent flow rate— Ninety percent (90%) of the highest three- (3-) hour average HCl sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the HCl emission limit.

19. Minimum pressure drop across the wet scrubber— Ninety percent (90%) of the highest three- (3-) hour average pressure drop across the wet scrubber particulate matter (PM) control device (taken, at a minimum, once every demonstrating compliance with the PM emission limit.

20. Minimum reagent flow rate—Ninety percent (90%) of the highest three- (3-) hour average reagent flow rate at the inlet to the selective noncatalytic reduction technology (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the emissions limit.

21. Minimum scrubber liquor flow rate—Ninety percent (90%) of the highest three- (3-) hour average liquor flow rate at the inlet to the wet scrubber (taken, at a minimum, once every demonstrating compliance with all applicable emission limits.

22. Minimum scrubber liquor pH—Ninety percent (90%) of the highest three- (3-) hour average liquor pH at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with all hydrogen chloride emission limits.

23. Minimum secondary chamber temperature—Ninety percent (90%) of the highest three- (3-) hour average secondary chamber temperature (taken, at a minimum, once every demonstrating compliance with the PM, carbon monoxide (CO), dioxin/furan, and NO emission limits.

24. Minor violation—A violation which possesses a small potential to harm the environment or human health or cause pollution, was not knowingly committed, and is not defined by the United States Environmental Protection Agency as other than minor.

25. Missouri Department of Revenue (MDOR)—Defined as A. For the purpose of 10 CSR 10-5.381, the Missouri Department of Revenue is the state agency responsible for the oversight of vehicle registration at contract offices and via the Internet. This agency is also responsible for the registration denial method of enforcement for the vehicle emissions inspection and maintenance program; and B. For all other purposes, Missouri Department of Revenue means the state agency that serves as the central collection agency for all state revenue with primary duties of collecting tax, registering and titling vehicles, and licensing drivers.

26. Missouri Emissions Inventory System (MoEIS)—Online interface of the state of Missouri’s air emissions inventory database.

27. Missouri performance evaluation test procedure (MOPETP)—The set of standards and test procedures for evaluating performance of Stage I/II vapor recovery control equipment and systems to be installed or that have been installed in Missouri.

28. Missouri State Highway Patrol (MSHP)—Defined as A. For the purpose of 10 CSR 10-5.381, the Missouri State Highway Patrol is the state agency responsible for the oversight of the vehicle safety inspection program and joint oversight with the department of the vehicle emissions inspection and maintenance program; and B. For all other purposes, Missouri State Highway Patrol is the state law enforcement agency with the primary duties of enforcing the traffic laws and promoting highway safety.

29. Mitigation measure—Any method of reducing emissions of the pollutant or its precursor taken at the location of the federal action and used to reduce the impact of the emissions of that pollutant caused by the action.

30. Mobile equipment—Any equipment that is physically capable of being driven or drawn on a roadway, including but not limited to the following types of equipment:

A. Construction vehicles such as mobile cranes, bulldozers, concrete mixers, etc.;

B. Farming equipment such as a wheel tractor, plow, pesticide sprayer, etc.;

C. Hauling equipment such as truck trailers, utility bodies, etc.; and D. Miscellaneous equipment such as street cleaners, golf carts, etc.

31. Model year—The manufacturer’s annual production period which includes January 1 of such calendar year. If the manufacturer has no annual production period, model year shall refer to the calendar year.

32. Modeling domain—A geographic area covered by an air quality model.

33. Modification—Defined as follows:

A. For the purposes of 10 CSR 10-5.490 and 10 CSR 10- 6.310, modification is an increase in the permitted volume design capacity of the landfill by either horizontal or vertical expansion based on its most recent permitted design capacity; modification does not occur until the owner or operator commences construction on the horizontal or vertical expansion;

B. For the purpose of 10 CSR 10-6.165, modification is any change to a source of odor emissions or source operations, including odor controls, that causes or could cause an increase in potential odor emissions; and C. For all other purposes, modification means any physical change to, or change in method of operation of, a source operation or attendant air pollution control equipment which would cause an increase in potential emissions of any air pollutant emitted by the source operation.

34. Modification, Title I—See Title I modification.

35. Modified hospital/medical/infectious waste incinerator (HMIWI)—Any change to an HMIWI unit after the effective date of these standards such that the cumulative costs of the modifications, over the life of the unit, exceed fifty percent (50%) of the original cost of the construction and installation of the unit (not including the cost of any land purchased in connection with such construction or installation) updated to current costs, or the change involves a physical change in or change in the method of operation of the unit which increases the amount of any air pollutant emitted by the unit for which standards have been established under section 129 or section 111 of the Clean Air Act.

36. Monitoring system—Any monitoring system that meets the requirements as described in a specific rule, including a continuous emissions monitoring system, an excepted monitoring system, or an alternative monitoring system.

37. Motor tricycle—A motor vehicle operated on three (3) wheels, including a motorcycle with any conveyance, temporary or otherwise, requiring the use of a third wheel.

38. Motor vehicle—Any self-propelled vehicle.

39. Motorcycle—A motor vehicle operated on two (2) wheels.

40. Municipal solid waste (MSW) landfill—An entire disposal facility in a contiguous geographical space where household waste is placed in or on land. An MSW landfill may also receive other types of Resource Conservation and Recovery Act (RCRA) Subtitle D wastes per 40 CFR 257.2, such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of an MSW landfill may be separated by access roads. An MSW landfill may be publicly or privately owned.

An MSW landfill may be a new MSW landfill, an existing MSW landfill, or a lateral expansion.

41. Municipal solid waste (MSW) landfill emissions—Gas generated by the decomposition of organic waste deposited in an MSW landfill or derived from the evolution of organic compounds in the waste.

(N) All terms beginning with N.

1. Nameplate capacity—The maximum electrical generating output (expressed as megawatt) that a generator can sustain over a specified period of time when not restricted by seasonal or other deratings, as listed in the National Allowance Data Base (NADB) under the data field “NAMECAP” if the generator is listed in the NADB or as measured in accordance with the United States Department of Energy standards. For generators not listed in the NADB, the nameplate capacity shall be used.

2. National Ambient Air Quality Standards (NAAQS)— Those standards established pursuant to section 109 of the Act and defined by 40 CFR 50. It includes standards for carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO ) or oxides of nitrogen (NO ), ozone, particulate matter (PM ), and sulfur dioxide (SO ) or sulfur oxides (SO 3. National Environmental Policy Act (NEPA)—The National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.).

4. Nearby—Nearby, as used in the definition good engineering practice (GEP) stack height in subparagraph (2)

(G)7.B. of this rule, is defined for a specific structure or terrain feature— A. For purposes of applying the formula provided in subparagraph (2)(G)7.B. of this rule, nearby means that distance up to five (5) times the lesser of the height or the width dimension of a structure, but not greater than one-half (1/2) mile; and B. For conducting fluid modeling or field study demonstrations under subparagraph (2)(G)7.C. of this rule, nearby means not greater than one-half (1/2) mile, except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to ten (10) times the maximum height of the feature, not to exceed two (2) miles if feature achieves a height one-half (1/2) mile from the stack that is at least forty percent (40%) of the GEP stack height determined by the formula provided in subparagraph (2)(G)7.B. of this rule, or twenty-six meters (26 m), whichever is greater, as measured from the ground-level elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground-level elevation at the base of the stack.

5. Net emissions increase—This term is defined in 40 CFR 52.21(b)(3), promulgated as of July 1, 2003, and hereby Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408.

6. Nonattainment area (NAA)—Any geographic area of the United States which has been designated as nonattainment under section 107 of the Clean Air Act and described in 40 CFR 81.

7. Nonattainment pollutant—Each and every pollutant for which the location of the source is in an area designated to be in nonattainment of a National Ambient Air Quality Standard (NAAQS) under section 107(d)(1)(A)(i) of the Act. Any constituent or precursor of a nonattainment pollutant shall be a nonattainment pollutant, provided that the constituent or precursor pollutant may only be regulated as part of

regulation of the corresponding NAAQS pollutant. Both volatile organic compounds (VOC) and nitrogen oxides (NO ) shall be nonattainment pollutants for a source located in an area designated nonattainment for ozone.

8. Nondegradable waste—Any waste that does not decompose through chemical breakdown or microbiological activity. Examples are but are not limited to concrete, municipal waste combustor ash, and metals.

9. Nonmethane organic compound (NMOC)—Precursors to oxidant formation that allow ozone to accumulate in the atmosphere.

10. Non-Title V permit—A federally enforceable permit administered by the director pursuant to the Clean Air Act (CAA) and regulatory authority under the CAA, other than Title V of the CAA and 40 CFR 70 or 40 CFR 71.

11. Normal maintenance—For the purpose of vapor recovery, repair, or replacement of vapor recovery control equipment and/or gasoline dispensing components/dispensers that does not require breaking of concrete (by any method) and does not require removal of dispenser(s) from island(s).

12. Normal source operation—The average actual activity rate of a source necessary for determining the actual emissions rate for the two (2) years prior to the date necessary for determining actual emissions, unless some other time period is more representative of the operation of the source or otherwise approved by the staff director.

13. NO allowance—An authorization by the department or the administrator under a NO trading program to emit one (1) ton of NO during the control period of the specified year or of any year thereafter.

14. NO allowance deduction or deduct NO allowances— The permanent withdrawal of NO allowances by the administrator from a NO compliance account or overdraft account to account for the number of tons of emissions from a NO budget unit for a control period, determined in accordance with a rule, or for any other NO allowance surrender obligation required.

15. NO allowance tracking system—The system by which the director or the administrator records allocations, deductions, and transfers of NO allowances under a NO trading program.

16. NO allowance tracking system account—An account in allowance tracking system established by the director or administrator for purposes of recording the allocation, holding, transferring, or deducting of NO allowances.

17. NO allowances held—The NO allowances recorded by the director or administrator, or submitted to the director or administrator for recordation, in accordance with a rule, in a allowance tracking system account.

18. NO authorized account representative—The natural person who is authorized by the owners or operators of the source and all NO budget units at the source, in accordance with all applicable rules, to represent and legally bind each owner and operator in matters pertaining to a NO trading program or, for a general account, the natural person who is authorized to transfer or otherwise dispose of NO allowances held in the general account in accordance with the applicable rules.

19. NO budget emissions limitation—For a NO unit, the tonnage equivalent of the NO allowances available for compliance deduction for the unit and for a control period adjusted by any deductions of such NO allowances to account for actual utilization for the control period or to account for excess emissions for a prior control period or to account for withdrawal from the NO budget program or for a change in regulatory status for an affected unit.

20. NO budget permit—The legally binding and federally enforceable written document, or portion of such document, issued by the director, including any permit revisions, specifying the NO budget trading program requirements applicable to a NO budget source, to each NO budget unit at budget source, and to the owners and operators and authorized account representative of the NO source and each NO budget unit.

21. NO budget source—A source that includes one (1) or more NO budget units.

22. NO budget trading program—A multistate nitrogen oxides air pollution control and emission reduction program pursuant to 40 CFR 51.121, as a means of mitigating the interstate transport of ozone and nitrogen oxides, an ozone precursor.

23. NO budget unit—A unit that is subject to the NO budget trading program emissions limitation under section (1) or paragraph (3)(H)1. of 10 CSR 10-6.360.

24. NO emission rate—The amount of NO emitted by a combustion unit in pounds per million British thermal units of heat input as recorded by approved monitoring devices.

25. NO emissions limitation—For an affected unit, the tonnage equivalent of the NO emissions rate available for compliance deduction for the unit and for a control period adjusted by any deductions of such NO allowances to account for actual utilization for the control period or to account for excess emissions for a prior control period or to account for withdrawal from a NO trading program or for a change in regulatory status for an affected unit.

26. NO opt-in unit—An electric generating unit whose owner or operator has requested to become an affected unit under a NO trading program and has been approved by the 27. NO unit—Any fossil-fuel-fired stationary boiler, combustion turbine, internal combustion engine, or combined cycle system.

(O) All terms beginning with O.

1. Offset—A decrease in actual emissions from a source a source operation or installation. The decrease must be of the same pollutant and have substantially similar environmental and health effects on the impacted area. Any ratio of decrease to increase greater than one to one (1:1) constitutes offset.

The exception to this are ozone nonattainment areas where volatile organic compound and oxides of nitrogen emissions emissions according to the following schedule: marginal area = 1.1:1; moderate area = 1.15:1; serious area = 1.2:1; severe area = 1.3:1; and extreme area = 1.5:1.

2. Opacity—The extent to which airborne material 3. Open burning—The burning of any materials where air contaminants resulting from combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For purposes of this definition, a chamber shall be regarded as enclosed, when, during the time combustion takes place, only those apertures, ducts, stacks, flues, or chimneys, as are necessary to provide combustion air and to permit the escape of exhaust gases, are open.

4. Open-top vapor degreaser—A type of degreaser which consists of a tank where solvent is heated to its boiling point which creates a zone of solvent vapor contained by a set of cooling coils. Condensation of the hot solvent vapor cleans or degreases the colder metal parts.

5. Operating day—A twenty-four- (24-) hour period between 12:00 midnight and the following midnight during which any amount of hospital waste or medical/infectious waste is combusted at any time in the HMIWI.

6. Operating parameter value—A minimum or maximum value established for a control device or process parameter that, if achieved by itself or in combination with one (1) or more other operating parameter values, determines that an owner or operator has complied with an applicable emission limit.

7. Operation—For the purpose of 10 CSR 10-6.200, the period during which waste is combusted in the incinerator excluding periods of start-up or shutdown.

8. Organic solvent—A liquid containing volatile organic compounds that is used for dissolving or dispersing constituents in a coating, adjusting the viscosity of a coating, cleaning, or washoff. When used in a coating, the organic solvent evaporates during drying and does not become a part of the dried film.

9. Output—For the purposes of 10 CSR 10-5.510 and 10 CSR 10-6.061, the shaft work output from any engine plus the energy reclaimed by any useful heat recovery system.

10. Overall control efficiency—The efficiency of a control system, calculated as the product of the capture and control device efficiencies, expressed as a percentage.

11. Overdraft account—The NO account established by the director or administrator for each budget source where there are two (2) or more NO units or for each NO authorized account representative.

12. Owner or operator—Any person who owns, leases, operates, controls, or supervises an air contaminant source.

13. Ozone season—From May 1 through September 30 of each year.

(P) All terms beginning with P.

1. Pail—Any nominal cylindrical container of one to twelve- (1–12-) gallon capacity.

2. Paint—A pigmented surface coating using volatile organic compounds as the major solvent and thinner which converts to a relatively opaque solid film after application as a thin layer.

3. Part 70—U.S. Environmental Protection Agency regulations, codified at 40 CFR 70, setting forth requirements for state operating permit programs pursuant to Title V of the 4. Part 70 installations—Installations to which the part 70 operating permit requirements of rule 10 CSR 10-6.065 apply, in accordance with the following criteria:

A. Installations that emit or have the potential to emit, in the aggregate, ten (10) tons per year (tpy) or more of any hazardous air pollutant, other than radionuclides, or twentyfive (25) tpy or more of any combination of these hazardous air pollutants or such lesser quantity as the administrator may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not these units are in a contiguous area or under common control, to determine whether these units or stations are subject installations. For sources of radionuclides, the criteria shall be established by the administrator;

B. Installations that emit or have the potential to emit one hundred (100) tpy or more of any air pollutant, including all fugitive air pollutants. The fugitive emissions of an installation shall not be considered unless the installation belongs to one (1) of the source categories listed in subsection (3)(B) of this rule;

C. Installations located in nonattainment areas or ozone transport regions— (I) For ozone nonattainment areas, sources with the potential to emit one hundred (100) tpy or more of volatile organic compounds or oxides of nitrogen in areas classified as marginal or moderate, fifty (50) tpy or more in areas classified as serious, twenty-five (25) tpy or more in areas classified as severe, and ten (10) tpy or more in areas classified as extreme; except that the references in this paragraph to one hundred (100), fifty (50), twenty-five (25), and ten (10) tpy of nitrogen oxides shall not apply with respect to any source for which the administrator has made a finding, under section 182(f)(1) or (2) of the Act, that requirements under section 182(f) of the Act do not apply;

(II) For ozone transport regions established pursuant to section 184 of the Act, sources with the potential to emit fifty (50) tpy or more of volatile organic compounds;

(III) For carbon monoxide nonattainment areas that are classified as serious, and in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the administrator, sources with the potential to emit fifty (50) tpy or more of carbon monoxide; and (IV) For particulate matter less than ten (10) micrometers (PM ) nonattainment areas classified as serious, sources with the potential to emit seventy (70) tpy or more of D. Installations that are affected sources under Title IV of the 1990 Act;

E. Installations that are solid waste incinerators subject to section 129(e) of the Act;

F. Installations in a source category designated by the administrator as a part 70 source pursuant to 40 CFR 70.3; and G. Installations are not subject to part 70 source requirements unless the administrator subjects them to part 70 requirements by rule and the installations would be part 70 sources strictly because they are subject to— (I) A standard, limitation, or other requirement under

section 111 of the Act, including area sources; or (II) A standard or other requirement under section 112 of the Act, except that a source, including an area source, is not or requirements under section 112(r) of the Act.

5. Particulate matter—Any material, except uncombined water, that exists in a finely divided form as a liquid or solid and as specifically defined as follows:

A. For purposes of ambient air concentrations— (I) PM—Any airborne, finely divided solid or liquid material with an aerodynamic diameter smaller than one hundred (100) micrometers as measured in the ambient air as specified in 10 CSR 10-6.040(4)(B);

(II) PM —Particulate matter with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers as measured in the ambient air as specified in 10 CSR 10- 6.040(4)(J); and (III) PM —Particulate matter with an aerodynamic diameter less than or equal to a nominal two and one-half (2.5) micrometers including the filterable component as measured in the ambient air as specified in 10 CSR 10-6.040(4)(L);

B. For the purpose of 10 CSR 10-6.200, total particulate matter emitted from a hospital medical infectious waste incinerator as measured by EPA Method 5 of 40 CFR 60,

Appendix A–3 or EPA Method 29 of 40 CFR 60, Appendix A–8;

C. For all other purposes— (I) Condensable particulate matter (PM)—Material that is vapor phase at stack conditions, but condenses and/or reacts upon cooling and dilution in the ambient air to form solid or liquid PM immediately after discharge from the stack.

Note that all condensable PM is assumed to be in the PM size fraction;

(II) Filterable PM—Particles that are emitted directly by a source as a solid or liquid at stack or release conditions and captured on the filter of a stack test train;

(III) Primary PM (Also known as direct PM)—Particles that enter the atmosphere as a direct emission from a stack or an open source. Primary PM has two (2) components: filterable PM and condensable PM. These two (2) PM components have no upper particle size limit;

(IV) Primary PM (Also known as direct PM , total , PM , or combined filterable PM and condensable PM)—PM with an aerodynamic diameter less than or equal to two and five-tenths (2.5) micrometers. These solid particles are emitted directly from an air emissions source or activity, or are the gaseous or vaporous emissions from an air emission source or activity that condense to form PM at ambient temperatures.

Direct PM emissions include elemental carbon, directly emitted organic carbon, directly emitted sulfate, directly emitted nitrate, and other inorganic particles (including but not limited to crustal material, metals, and sea salt); and (V) Primary PM (Also known as direct PM , total PM , , or the combination of filterable PM and condensable PM)—PM with an aerodynamic diameter equal to or less than ten (10) micrometers.

6. Passive collection system—A gas collection system that solely uses positive pressure within the landfill to move the gas rather than using gas mover equipment.

7. Pathological waste—Waste material consisting of only human or animal remains, anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste material, and animal bedding (if applicable).

8. Permanent shutdown—The permanent cessation of operation of any air pollution control equipment or process equipment, not to be placed back into service or have a start-up.

9. Permitting authority—Either the administrator or the state air pollution control agency, local agency, or other agency authorized by the administrator to carry out a permit program as intended by the Act.

10. Pharmaceutical—Any compound or preparation included under the Standard Industrial Classification Codes 2833 (Medicinal Chemicals and Botanical Products) and 2834 (Pharmaceutical Preparations), excluding products formulated by fermentation, extraction from vegetable material or animal tissue, or formulation and packaging of the final product.

11. Plant-mix—A mixture produced in an asphalt mixing plant that consists of mineral aggregate uniformly coated with asphalt cement, cutback asphalt, or emulsified asphalt.

12. Plastic—A synthetic material chemically formed by the polymerization of organic substances and capable of being molded, extruded, cast into various shapes and films, or drawn into filaments.

13. Point source—For the purpose of 10 CSR 10-6.110, large, stationary (nonmobile), identifiable source of emissions that releases pollutants into the atmosphere. A point source is an installation that is either— A. A major source under 40 CFR 70 for the pollutants for which reporting is required; or B. A holder of an intermediate operating permit.

14. Pollutant—An air contaminant listed in subsection (3)(A) of this rule without regard to levels of emission or air quality impact.

15. Polyvinyl chloride (PVC) plastic—A polymer of the chlorinated vinyl monomer that contains fifty-seven percent (57%) chlorine.

16. Porous material—A substance that has tiny openings, often microscopic, in which fluids may be absorbed or discharged, including but not limited to paper and corrugated paperboard. For the purpose of 10 CSR 10-5.330, porous material does not include wood.

17. Portable equipment—Any equipment that is designed and maintained to be movable, primarily for use in noncontinuous operations. Portable equipment includes rock crushers, asphaltic concrete plants, and concrete batching plants.

18. Portable equipment installation—An installation made up solely of portable equipment, meeting the requirements of or having been permitted according to 10 CSR 10-6.060(4).

19. Portland cement—A hydraulic cement produced by pulverizing clinker consisting essentially of hydraulic calcium silicates, usually containing one (1) or more of the forms of calcium sulfate as an interground addition.

20. Portland cement kiln—A system, including any solid, 21. Potential to emit—The emission rates of any pollutant at maximum design capacity. Annual potential shall be based on the maximum annual-rated capacity of the installation assuming continuous year-round operation. Federally enforceable permit conditions on the type of materials combusted or processed, operating rates, hours of operation, and the application of air pollution control equipment shall be used in determining the annual potential. Secondary emissions do not count in determining annual potential.

22. Potroom—A building unit which houses a group of electrolytic cells in which aluminum is produced.

23. Potroom group—An uncontrolled potroom, a potroom which is controlled individually, or a group of potrooms or potroom segments ducted to a common or similar control 24. Precursors of a criteria pollutant are— A. For ozone, nitrogen oxides (NO ), unless an area is exempted from NO requirements under section 182(f) of the Clean Air Act, and volatile organic compounds (VOCs);

B. For PM , those pollutants described in the PM nonattainment area applicable state implementation plan as significant contributors to the PM levels; and C. For PM — (I) Sulfur dioxide (SO ) in all PM nonattainment and maintenance areas;

(II) NO in all PM nonattainment and maintenance areas unless both the state and U.S. Environmental Protection Agency (EPA) determine that it is not a significant precursor;

(III) VOC and ammonia (NH ) only in PM nonattainment or maintenance areas where either the state or EPA determines that they are significant precursors.

25. Preheater kiln—A kiln where the feed to the kiln system is preheated in cyclone chambers prior to the final fusion, which forms clinker.

26. Press—A printing production assembly that can be made up of one (1) or many units to produce a finished product. For the purpose of 10 CSR 10-5.442, this includes any associated coating, spray powder application, heatset web dryer, ultraviolet or electron beam curing units, or infrared heating units.

27. Primary aluminum reduction installation—Any facility manufacturing aluminum by electrolytic reduction of alumina.

28. Primary chamber—The chamber in an HMIWI that receives waste material, in which the waste is ignited, and from which ash is removed.

29. Primary fuel—The fuel that provides the principal heat input to the device. To be considered primary, the fuel must be able to sustain operation without the addition of other fuels.

30. Printing—Any operation that imparts color, images, or text onto a substrate using printing inks.

31. Printing ink—Any fluid or viscous composition used in printing, impressing, or transferring an image onto a substrate.

Varnishes and coatings applied with offset lithographic and letterpress printing presses are inks and are part of the applicable printing process, not a separate operation such as paper coating.

32. Process heater—Any enclosed device using controlled flame, that is not a boiler, and the unit’s primary purpose is to transfer heat indirectly to a process material (liquid, gas, or solid) or to heat transfer material for use in a process unit, instead of generating steam. Process heaters are devices in which the combustion gases do not directly come into contact with process materials. Process heaters do not include units used for comfort heat or space heat, food preparation for onsite consumption, or autoclaves.

33. Process or production unit—For the purpose of 10 CSR 10-6.060(9), any collection of structures and/or equipment, that processes, assembles, applies, or otherwise uses material inputs to produce or store an intermediate or final product.

A single facility may contain more than one (1) process or production unit.

34. Process unit—For the purpose of 10 CSR 10-5.550, equipment assembled and connected by pipes or ducts to produce, as intermediates or final products, one (1) or more chemicals included in Appendix A of Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry, EPA-450/4-91-031. A process unit can operate independently if supplied with sufficient feed or raw materials and sufficient product storage facilities.

35. Process weight—The total weight of all materials introduced into an emission unit, including solid fuels which may cause any emission of particulate matter, but excluding liquids and gases used solely as fuels and air introduced for purposes of combustion.

36. Process weight rate—A rate in tons per hour established A. The rate of materials introduced to the process which may cause any emission of particulate matter;

B. For continuous or long-run steady-state emission units, the total process weight for the entire period of continuous operation or for a typical portion, divided by the number of hours of that period or portion;

C. For cyclical or batch emission units, the total process weight for a period of time which covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during that period; or D. Where the nature of any process or operation or the design of any equipment permits more than one (1) interpretation of this section, that interpretation which results in the minimum value for allowable emission shall apply.

37. Production equipment exhaust system—A device for collecting and directing out of the work area fugitive emissions from reactor openings, centrifuge openings, and other vessel openings and equipment for the purpose of protecting workers from excessive exposure.

38. Publication rotogravure printing—Rotogravure printing upon paper which is subsequently formed into books, magazines, catalogues, brochures, directories, newspaper supplements, and other types of printed materials.

39. Pyrolysis—The endothermic gasification of hospital waste and/or medical/infectious waste using external energy.

(Q) All terms beginning with Q.

(R) All terms beginning with R.

1. Reactor—A vat or vessel, which may be jacketed to permit temperature control, designed to contain chemical reactions.

2. Reactor processes—Unit operations in which one (1) or more chemicals, or reactants other than air, are combined or decomposed in such a way that their molecular structures are altered and one (1) or more new organic compounds are formed.

3. Reasonably foreseeable emissions—Projected future direct and indirect emissions that are identified at the time the conformity determination is made; the location of such emissions is known and the emissions are quantifiable, as described and documented by the federal agency based on its own information and after reviewing any information presented to the federal agency.

4. Receive or receipt of—When referring to the director or the administrator, to come into possession of a document, information, or correspondence (whether sent in writing or by authorized electronic transmission), as indicated in an official correspondence log, or by a notation made on the document, information, or correspondence, by the director or the administrator in the regular course of business.

5. Reconstruct a major source—For the purpose of 10 CSR 10-6.060(9), replacement of components at an existing process or production unit where the replacement of components in and of itself emits or has the potential to emit ten (10) tons per year (tpy) of any hazardous air pollutant (HAP) or twenty-five (25) tpy of any combination of HAPs, whenever— A. The fixed capital cost of the new components exceeds fifty percent (50%) of the fixed capital cost that would be required to construct a comparable process or production unit;

B. It is technically and economically feasible for the reconstructed major source to meet the applicable maximum achievable control technology emission limitation for new sources established under this section.

6. Reconstruction—Where the fixed capi tal cost of the new components exceeds fifty percent (50%) of the fixed capital cost of a comparable entirely new source of operation or installation; the use of an alternative fuel or raw material by reason of an order in effect under sections 2(a) and (b) of the Energy Supply and Environmental Coordina tion Act of 1974, by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act, or by reason of an order or rule under section 125 of the Clean Air Act, shall not be considered reconstruction. In determining whether a reconstruction will occur, the provisions of 40 CFR 60.15, December 1, 1979, shall be considered by the director.

7. Recoverable fuel—Fuels that have been permitted for use for energy recovery under 10 CSR 10-6.065.

8. Recovery device—An individual unit of equipment, such as an adsorber, carbon adsorber, or condenser, capable of and used for the purpose of recovering chemicals for use, reuse, or sale.

9. Recovery system—An individual recovery device or series of such devices applied to the same vent stream.

10. Reduction—Any heated process, including rendering, cooking, drying, dehydrating, digesting, evaporating, and protein concentrating.

11. Reference method—Any method of sampling and analyzing for an air pollutant that is published in Appendix A of 40 CFR 60.

12. Refuse—The garbage, rubbish, trade wastes, leaves, salvageable material, agricultural wastes, or other wastes.

13. Regional water or wastewater projects—Include construction, operation, and maintenance of water or wastewater conveyances, water or wastewater treatment facilities, and water storage reservoirs which affect a large portion of a nonattainment or maintenance area.

14. Regulated air pollutant—All air pollutants or precursors 15. Reid vapor pressure (RVP)—The absolute vapor pressure of a petroleum liquid as determined by “Tests for Determining Reid Vapor Pressure (RVP) of Gasoline and Gasoline-Oxygenate Blends,” 40 CFR 80, Appendix E as in effect July 1, 1990.

16. Renewal—The process by which an operating permit is reissued at the end of its term.

17. Research and development activities—For the purpose of 10 CSR 10-6.060(9), activities conducted at a research or laboratory facility whose primary purpose is to conduct research and development into new processes and products, where such source is operated under the close supervision of technically trained personnel and is not engaged in the manufacture of products for sale or exchange for commercial profit, except in a de minimis manner.

18. Residence time—Period of time in which gas in a thermal oxidizer, incinerator, or afterburner is exposed to heat and oxygen at a specified temperature in order to destroy pollutants present in the gas.

19. Residual fuel oil—The heavier fuel oil variously known as Bunker C, PS 400, and Number 6 generally used for the production of electric power, space heating, vessel bunkering, and various industrial purposes. It has a minimum flash point of one hundred forty degrees Fahrenheit (140 °F).

20. Resist coat—A coating that is applied to a plastic part before metallic plating to prevent deposits of metal on portions of the plastic part.

21. Responsible official—Includes one (1) of the following:

A. The president, secretary, treasurer, or vice-president any other person who performs similar policy and decision- (I) The facilities employ more than two hundred fifty (250) persons or have a gross annual sales or expenditures (II) The delegation of authority to this representative is B. A general partner in a partnership or the proprietor in a sole proprietorship;

C. Either a principal executive officer or ranking elected official in a municipality or state, federal, or other public agency.

For the purpose of this subparagraph, a principal executive D. The designated representative of an affected source 22. Restricted information—Information that is privileged or that is otherwise protected from disclosure pursuant to applicable statutes, executive orders, or regulations. Such information includes but is not limited to classified national security information, protected critical infrastructure information, sensitive security information, and proprietary business information.

23. Rich-burn engine—A two- (2-) or four- (4-) stroke sparkignited (SI) engine where the oxygen content in the exhaust stream before any dilution is one percent (1%) or less measured on a dry basis.

24. Road-mix—An asphalt course produced by mixing mineral aggregate and cutback or emulsified asphalt at the road site by means of travel plants, motor graders, drags, or special road-mixing equipment.

25. Rotogravure printing—The application of words, designs, and pictures to a substrate by means of a roll-printing technique which involves an intaglio or recessed image areas in the form of cells.

(S) All terms beginning with S.

1. Sealer—A finishing material used to seal the pores of a wood substrate before additional coats of finishing material are applied. Washcoats, which are used in some finishing systems to optimize aesthetics, are not sealers.

2. Secondary chamber—A component of the HMIWI that receives combustion gases from the primary chamber and in which the combustion process is completed.

3. Secondary emissions—The emissions which occur or would occur as a result of the construction or operation of an installation or major modification but do not come from the installation or major modification itself. Secondary emissions must be specific, well-defined, quantifiable, and impact the same general area as the installation or modification which causes the secondary emissions. Secondary emissions may include, but are not limited to— A. Emissions from trucks, ships, or trains coming to or from the installation or modification; and B. Emissions from any off-site support source which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification.

4. Serial number—When referring to NO allowances, the unique identification number assigned to each NO allowance by the administrator or director.

5. Shutdown—Defined as follows:

A. For the purpose of 10 CSR 10-6.200, the period of time after all waste has been combusted in the primary chamber.

For continuous HMIWI, shutdown shall commence no less than two (2) hours after the last charge to the incinerator. For intermittent HMIWI, shutdown shall commence no less than four (4) hours after the last charge to the incinerator. For batch HMIWI, shutdown shall commence no less than five (5) hours after the high-air phase of combustion has been completed;

B. For all other purposes, the cessation of operation of any air pollution control equipment or process equipment, except the routine phasing out of process equipment.

6. Shutdown, permanent—Same as permanent shutdown.

7. Significant—A net emissions increase or potential to emit at a rate equal to or exceeding the de minimis levels or create an ambient air concentration at a level greater than those listed in 10 CSR 10-6.060(5)(E)3., or any emissions rate or any net emissions increase associated with an installation subject to 10 CSR 10-6.060 which would be constructed within ten kilometers (10 km) of a Class I area and have an air quality impact on the area equal to or greater than one microgram ) (twenty-four- (24-) hour average). For purposes of new source review under 10 CSR 10-6.060 sections (7) and (8), net emission increases of hazardous air pollutants exceeding the de minimis levels are considered significant only if they are also criteria pollutants.

8. Six- (6-) minute period—A three hundred sixty- (360-) consecutive-second time interval. Six- (6-) minute block averages shall be utilized for continuous opacity monitoring system data per the provisions of Appendix B to 40 CFR 60, Performance Specification 1, promulgated as of July 1, 2007, and hereby incorporated by reference in this rule, as published by the U.S. Government Printing Office, 732 N Capitol Street NW, Washington, DC 20401. This rule does not incorporate any 9. Sludge—Any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, exclusive of the treated effluent from a wastewater treatment plant.

10. Small HMIWI—An HMIWI whose maximum design waste burning capacity is less than or equal to two hundred (200) pounds per hour, or a continuous or intermittent HMIWI whose maximum charge rate is less than or equal to two hundred (200) pounds per hour, or a batch HMIWI whose maximum charge rate is less than or equal to one thousand six hundred (1,600) pounds per day. The following are not small HMIWI: a continuous or intermittent HMIWI whose maximum charge rate is more than two hundred (200) pounds per hour; a batch HMIWI whose maximum charge rate is more than one thousand six hundred (1,600) pounds per day.

11. Small source—For the purpose of 10 CSR 10-6.110, an installation subject to 10 CSR 10-6.110 but not a point source as defined in 10 CSR 10-6.020 for the purpose of 10 CSR 10-6.110.

12. Smoke—Small gas-borne particles resulting from combustion, consisting of carbon, ash, and other material.

13. Solid fuel—A solid material used as a fuel that includes but is not limited to coal, wood, biomass, tires, plastics, and other nonfossil solid materials.

14. Solid waste—Any garbage, refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility; and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under 33 U.S.C. 1342, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. 2014).

15. Solids—Same as coating solids.

16. Solids turnover ratio (R T )—The ratio of total volume of coating solids that is added to the electrodeposition primer system in a calendar month divided by the total volume design capacity of the electrodeposition primer system.

17. Solvent—Organic materials which are liquid at standard conditions and which are used as dissolvers, viscosity reducers, or cleaning agents.

18. Solvent metal cleaning—The process of cleaning soils from metal surfaces by cold cleaning or open-top vapor degreasing or conveyorized degreasing.

19. Source—Any governmental, institutional, commercial, or industrial structure, installation, plant, building, or facility pollutant under the Clean Air Act (CAA). For purposes of

section 502(c) of the CAA, a source, including a source with multiple units, shall be considered a single facility.

20. Source gas volume—The volume of gas arising from a process or other source operation.

21. Source operation—Use definition of emissions unit.

22. Springfield-Greene County area—The geographical area contained within Greene County.

23. St. Louis metropolitan area—The geographical area comprised of St. Louis, St. Charles, Jefferson, and Franklin counties and the City of St. Louis.

24. Stack—Any spatial point in an installation designed to emit air contaminants into ambient air. An accidental opening such as a crack, fissure, or hole is a source of fugitive emissions, not a stack.

25. Staff director—Director of the Air Pollution Control Program of the Department of Natural Resources.

26. Stain—Any color coat having a solids content by weight of no more than eight percent (8%) that is applied in single or multiple coats directly to the substrate. Includes but is not limited to nongrain raising stains, equalizer stains, sap stains, body stains, no-wipe stains, penetrating stains, and toners.

27. Standard conditions—A gas temperature of seventy degrees Fahrenheit (70 °F) and a gas pressure of 14.7 pounds per square inch absolute (psia).

28. Standard metropolitan statistical area (SMSA)—Any areas listed in Office of Management and Budget Bulletin No. 93-17 entitled “Revised Statistical Definitions for Metropolitan Areas” dated June 30, 1993, and hereby incorporated by reference in this rule, as published by the National Technical Information Services, 5285 Port Royal Road, Springfield, 29. Start-up—Defined as follows:

A. For the purpose of 10 CSR 10-6.200, the period of time between the activation of the system and the first charge to the unit. For batch HMIWI, start-up means the period of time between activation of the system and ignition of the waste;

B. For all other purposes, the setting into operation of any air pollution control equipment or process equipment, except the routine phasing in of process equipment.

30. State—Any nonfederal permitting authority, including any local agency, interstate association, or statewide program.

When clear from its context, state shall have its conventional territorial definition.

31. State implementation plan (SIP)—A series of plans adopted by the commission, submitted by the director, and approved by the administrator detailing methods and procedures to be used in attaining and maintaining the ambient air quality standards in Missouri.

32. State trading program NO budget—The total number of tons apportioned to all NO budget units in a given state, in accordance with the NO budget trading program, for use in a given control period.

33. Storage container—Vessel or tank, including mix equipment, used to hold finishing, cleaning, or washoff 34. Storage tank—Any tank, reservoir, or vessel which is a container for liquids or gases, where no manufacturing process or part of it takes place.

35. Submit or serve—To send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation— A. In person;

B. By United States Postal Service; or C. By other means of dispatch or transmission and delivery. Compliance with any submission, service, or mailing deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.

36. Substrate—The surface onto which coatings are applied (or into which coatings are impregnated).

37. Synthesized pharmaceutical manufacturing—Manufacture of pharmaceutical products by chemical synthesis.

(T) All terms beginning with T.

1. Temporary installation—An installation which operates 2. Title I modification—Any modification that requires a permit under 10 CSR 10-6.060 section (7) or (8) or that is subject to any requirement under 10 CSR 10-6.070 or 10 CSR 10-6.080.

3. Title V operating permit—A permit issued under Title V of the Clean Air Act and 40 CFR 70 or 40 CFR 71.

4. Title V operating permit regulations—The regulations that the administrator has approved or issued as meeting the requirements of Title V of the Clean Air Act and 40 CFR 70 or 40 CFR 71.

5. Ton or tonnage—Any short ton (i.e., two thousand pounds (2,000 lbs)). For the purpose of determining compliance with budget emissions limitation, total tons for a control period shall be calculated as the sum of all recorded hourly emissions (or the tonnage equivalent of the recorded hourly emissions rates) in accordance with applicable requirements, with any remaining fraction of a ton equal to or greater than one-half (0.50) ton deemed to equal one (1) ton and any fraction of a ton less than one-half (0.50) ton deemed to equal zero (0) tons.

6. Topcoat—Defined as follows:

A. For the purposes of 10 CSR 10-2.205 and 10 CSR 10-5.295, a coating that is applied over a primer on an aerospace vehicle or component for appearance, identification, camouflage, or protection. Topcoats that are defined as specialty coatings are not included under this definition; and B. For all other purposes, the last film building finishing material applied for the purpose of establishing the color or protective surface, or both, including groundcoat and paint sealer materials, base coat, and clear coat. Nonpermanent final finishes are not topcoats.

7. Total fluoride—The elemental fluorine and all fluoride compounds as measured by reference methods specified in 10 CSR 10-6.030(12) or equivalent or alternative methods.

8. Total of direct and indirect emissions—The sum of direct and indirect emissions increases and decreases caused by the federal action; that is, the net emissions considering all direct and indirect emissions. Any emissions decreases used to reduce such total shall have already occurred or shall be enforceable under state and federal law. The portion of emissions which are exempt or presumed to conform under subsection (3)(C), (D), (E), or (F) of 10 CSR 10-6.300 are not included in the total of direct and indirect emissions, except as provided in subsection (3)(J) of 10 CSR 10-6.300. The total of direct and indirect emissions includes emissions of criteria pollutants and emissions of precursors of criteria pollutants.

The segmentation of projects for conformity analyses when emissions are reasonably foreseeable is not permitted by 10 CSR 10-6.300.

9. Trade waste—The solid, liquid, or gaseous material resulting from construction or the prosecution of any business, trade, or industry or any demolition operation including but not limited to plastics, cardboard cartons, grease, oil, chemicals, or cinders.

10. Tribal implementation plan (TIP)—A plan to implement the national ambient air quality standards adopted and submitted by a federally recognized Indian tribal government determined to be eligible under 40 CFR 49.9 and the plan has been approved by the U.S. Environmental Protection Agency.

(U) All terms beginning with U.

1. Uncombined water—The visible condensed water which is not bound, physically or chemically, to any air contaminant.

2. Unit—A fossil-fuel-fired combustion device such as a stationary boiler, combustion turbine, or combined cycle system. For the purpose of 10 CSR 10-6.390, unit is any diesel, lean-burn, or rich-burn stationary internal combustion engine as defined in this rule.

3. Unit load—The total (i.e., gross) output of a unit in any control period (or other specified time period) produced by combusting a given heat input of fuel expressed in terms of— A. The total electrical generation (expressed as megawatt) produced by the unit, including generation for use within the plant; or B. In the case of a unit that uses heat input for purposes other than electrical generation, the total steam flow (lb/hr) or total steam pressure (psia) produced by the unit, including steam for use by the unit.

4. Unit operating day—A calendar day in which a unit combusts any fuel.

5. Unit operating hour or hour of unit operation—Any hour or fraction of an hour during which a unit combusts fuel.

6. Unit operations—Discrete processing steps that occur within distinct equipment that are used to prepare reactants, facilitate reactions, separate and purify products, and recycle 7. User source—Any source that seeks to use emission reduction credits to comply with an applicable emission reduction requirement.

8. Utilization—The heat input (expressed in mmBtu/time) for a unit. The unit’s total heat input for the control period in each year will be determined in accordance with 40 CFR 75 if budget unit was otherwise subject to the requirements of 40 CFR 75 for the year or will be based on the best available data reported to the administrator for the unit if the unit was not otherwise subject to the requirements of 40 CFR 75 for the year.

(V) All terms beginning with V.

1. Vapor recovery system—A vapor gathering system capable of collecting the hydrocarbon vapors and gases discharged and a vapor disposal system capable of processing the hydrocarbon vapors and gases so as to limit their emission to the atmosphere.

2. Varnish—An unpigmented surface coating containing volatile organic compounds and composed of resins, oils, thinners, and driers used to give a glossy surface to wood, metal, etc.

3. Vehicle—Any mechanical device on wheels, designed primarily for use on streets, roads, or highways, except those propelled or drawn by human or animal power or those used exclusively on fixed rails or tracks.

4. Vent—A point of emission from a unit operation. Typical process vents from batch processes include condenser vents, vacuum pumps, steam ejectors, and atmospheric vents from reactors and other process vessels. Vents also include relief valve discharges. Equipment exhaust systems that discharge from unit operations also would be considered process vents.

5. Vent stream—Any gas stream discharge directly from a distillation operation or reactor process to the atmosphere or indirectly to the atmosphere after diversion through other process equipment. The vent stream excludes relief valve discharges and equipment leaks including but not limited to pumps, compressors, and valves.

6. Visible emission—Any discharge of an air contaminant, including condensables, which reduces the transmission of light or obscures the view of an object in the background.

7. Volatile organic compounds (VOC)—Any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, that participates in atmospheric photochemical reactions to produce ozone.

A. The following compounds are not considered VOCs because of their known lack of participation in the atmospheric reactions to produce ozone:

CAS # Compound 138495428 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee) 431890 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea) 375031 1,1,1,2,2,3,3-heptafluoropropane (n-C or HFE-7000) 690391 1,1,1,3,3,3-hexafluoropropane (HFC-236fa) 679867 1,1,2,2,3-pentafluoropropane (HFC-245ca) 24270664 1,1,2,3,3-pentafluoropropane (HFC-245ea) 431312 1,1,1,2,3-pentafluoropropane (HFC-245eb) 460731 1,1,1,3,3-pentafluoropropane (HFC-245fa) 431630 1,1,1,2,3,3-hexafluoropropane (HFC-236ea) 406586 1,1,1,3,3-pentafluorobutane (HFC-365mfc) 422560 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca) 507551 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb) 354234 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a) 1615754 1-chloro-1-fluorethane (HCFC-151a) 163702076 1,1,1,2,2,3,3,4,4-nonafluoro 4-methoxy-butane (C or HFE-7100) 163702087 2-(difluoromethoxymethyl)- 1,1,1,2,3,3,3-heptafluoropropane ((CF CFCF 163702054 1-ethoxy-1,1,2,2,3,3,4,4,4nonafluorobutane (C OC or HFE-7200) 163702065 2-(ethoxydifluoromethyl)- 1,1,1,2,3,3,3-heptafluoropropane ((CF CFCF OC 297730939 3-ethoxy- 1,1,1,2,3,4,4,5,5,6,6,6dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500) 71556 1,1,1-trichloroethane (methyl chloroform) 67641 acetone 75683 1-chloro 1,1-difluoroethane (HCFC-142b) 75456 chlorodifluoromethane (HCFC-22) 593704 chlorofluoromethane (HCFC-31) 76153 chloropentafluoroethane (CFC-115) 2837890 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124) 75718 dichlorodifluoromethane (CFC-12) 1717006 1,1-dichloro 1-fluoroethane (HCFC-141b) 76142 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114) 75376 1,1-difluoroethane (HFC-152a) 75105 difluoromethane (HFC-32) 74840 ethane 353366 ethylfluoride (HFC-161) 74828 methane 79209 methyl acetate 75092 methylene chloride (dichloromethane) 98566 parachlorobenzotrifluoride (PCBTF) 354336 pentafluoroethane (HFC-125) 127184 perchloroethylene (tetrachloroethylene) 359353 1,1,2,2-tetrafluoroethane (HFC-134) 811972 1,1,1,2-tetrafluoroethane (HFC-134a) 75694 trichlorofluoromethane (CFC-11) 26523648 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113) 306832 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123) 420462 1,1,1-trifluoroethane (HFC-143a) 75467 trifluoromethane (HFC-23) 107313 methyl formate (HCOOCH 132182924 1,1,1,2,2,3,4,5,5,5-decafluoro- 3-methoxy-4-trifluoromethylpentane (HFE-7300) 108327 propylene carbonate 616386 dimethyl carbonate 29118249 trans-1,3,3,3-tetrafluoropropene (HFO-1234ze) 1691174 1,1,3,3-tetrafluorodimethyl ether H or HFE-134) 78522471 bis (difluoromethoxy)(difluoro) methane (HCF or HFE-236cal2) 188690780 1,2-bis (difluoromethoxy)- 1,1,2,2-tetrafluoroethane CF H or HFE-338pcc13) 188690779 1-(difluoromethoxy)-2- [(difluoromethoxy)(difluoro) methoxy]-1,1,1,2,2-tetrafluoroethane CF H or H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)) 102687650 trans-1-chloro-3,3,3-trifluoroprop- 1-ene (Solstice TM 1233zd(E)) 754141 2,3,3,3-tetrafluoropropene 124685 2-amino-2-methyl-1-propanol (AMP) 540885 t-butyl acetate (TBAC) 406780 1,1,2,2-tetrafluoro-1- (2,2,2-trifluoroethoxy) ethane (HFE-347pcfe) 692499 cis-1,1,1,4,4,4-hexafluorobut-2-ene (HFO-1336mzz-Z) 66711862 trans-1,1,1,4,4,4-hexafluorobute-2-ene (HFO-1336mzz(E))

Perfluorocarbon compounds in the following classes: fluorinated alkanes fluorinated ethers with no unsaturations methylated siloxanes fluorinated tertiary amines with no unsaturations 0 Sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine VOC may be measured by a reference method, an equivalent method, an alternative method, or by procedures specified in either 10 CSR 10-6.030 or 40 CFR 60. These methods and procedures may measure nonreactive compounds, so an owner or operator must exclude these nonreactive compounds when determining compliance.

8. Volatile organic liquid—Any substance which is a liquid at storage conditions and which contains one (1) or more volatile organic compounds as defined in this rule.

9. Volatility—For purposes of 10 CSR 10-5.540, low volatility materials are defined as those which have a vapor pressure less than or equal to seventy-five (75) mmHg at twenty degrees Celsius (20°C), moderate volatility materials have a vapor pressure greater than seventy-five (75) and less than or equal to one hundred fifty (150) mmHg at twenty degrees Celsius (20°C), and high volatility materials have a vapor pressure greater than one hundred fifty (150) mmHg at twenty degrees Celsius (20°C). To evaluate volatile organic compound (VOC) volatility for single unit operations that service numerous VOCs or for processes handling multiple VOCs, the weighted average volatility can be calculated from knowing the total amount of each VOC used in a year, and the individual component vapor pressure, per the equation in paragraph (1)(E)1. of 10 CSR 10- 5.540.

(W) All terms beginning with W.

1. Wet scrubber—An add-on air pollution control device that utilizes an alkaline scrubbing liquor to collect particulate matter (including nonvaporous metals and condensed organics) and/or to absorb and neutralize acid gases.

2. Wood furniture—Any product made of wood, a wood product such as rattan or wicker, or an engineered wood product such as particleboard that is manufactured under any of the following standard industrial classification codes: 2434, 2511, 2512, 2517, 2519, 2521, 2531, 2541, 2599, or 5712.

3. Wood furniture component—Any part that is used in the manufacture of wood furniture. Examples include but are not limited to drawer sides, cabinet doors, seat cushions, and laminated tops.

4. Working day—A day, or any part of a day, in which a facility is engaged in manufacturing.

(X) All terms beginning with X.

(Y) All terms beginning with Y.

(Z) All terms beginning with Z.

(3) General Provisions. Common reference tables are provided in this section of the rule.

(A) Table 1—De Minimis Emission Levels.

Air Contaminant Emission Rate Carbon monoxide 100.0 Nitrogen oxides 40.0 Particulate Matter PM 25.0 15.0 10.0 precursor) 40.0 precursor) 40.0 (emissions of nitrogen oxides are considered precursors to PM unless the state or EPA successfully demonstrates that emissions in a specific area are not a significant contributor to that area’s ambient PM concentrations)

Sulfur dioxide 40.0 VOC (Ozone precursor) 40.0 (Ozone precursor) 40.0 Lead 0.6 Fluorides 3.0 (Excluding hydrogen fluoride)

Sulfuric acid mist 7.0 Hydrogen sulfide 10.0 Total reduced sulfur 10.0 (including hydrogen sulfide)

Reduced Sulfur Compounds 10.0 (including hydrogen sulfide)

Municipal waste combustor organics 3.5 × 10 -6 (measured as total tetra-through octa-chlorinated dibenzop-dioxins and dibenzofurans)

Municipal waste combustor metals 15.0 (measured as particulate matter)

Municipal waste combustor acid gases 40.0 (measured as sulfur dioxide and hydrogen chloride)

Municipal solid waste landfill emissions 50.0 (measured as nonmethane organic compounds)

Hazardous Air Pollutant (each) 10.0 Sum of Hazardous Air Pollutants 25.0 Note: All rates in tons per year.

(B) Table 2—List of Named Installations.

Named Installations 1. Coal cleaning plants (with thermal dryers)

2. Kraft pulp mills 3. Portland cement plants 4. Primary zinc smelters 5. Iron and steel mills 6. Primary aluminum ore reduction plants 7. Primary copper smelters 8. Municipal incinerators capable of charging more than 250 tons of refuse per day 9. Hydrofluoric, sulfuric, or nitric acid plants 10. Petroleum refineries 11. Lime plants 12. Phosphate rock processing plants 13. Coke oven batteries 14. Sulfur recovery plants 15. Carbon black plants (furnace process)

16. Primary lead smelters 17. Fuel conversion plants 18. Sintering plants 19. Secondary metal production plants 20. Chemical process plants 21. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input 22. Petroleum storage and transfer facilities with a capacity exceeding three hundred thousand (300,000) barrels 23. Taconite ore processing facilities 24. Glass fiber processing plants 25. Charcoal production facilities 26. Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat 27. Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act (C) Table 3—Hazardous Air Pollutants.

CAS # Hazardous Air Pollutant 75070 Acetaldehyde 60355 Acetamide 75058 Acetonitrile 98862 Acetophenone 53963 2-Acetylaminofluorene 107028 Acrolein 79061 Acrylamide 79107 Acrylic acid 107131 Acrylonitrile 107051 Allyl chloride 92671 4-Aminobiphenyl 62533 Aniline 90040 o-Anisidine 1332214 Asbestos 71432 Benzene (including from gasoline) 92875 Benzidine 98077 Benzotrichloride 100447 Benzyl chloride 92524 Biphenyl 117817 Bis(2-ethylhexyl)phthalate (DEHP) 542881 Bis(chloromethyl)ether 75252 Bromoform 106945 1-Bromopropane 106990 1,3-Butadiene 156627 Calcium cyanamide 133062 Captan 63252 Carbaryl 75150 Carbon disulfide 56235 Carbon tetrachloride 463581 Carbonyl sulfide 120809 Catechol 133904 Chloramben 57749 Chlordane 7782505 Chlorine 79118 Chloroacetic acid 532274 2-Chloroacetophenone 108907 Chlorobenzene 510156 Chlorobenzilate 67663 Chloroform 107302 Chloromethyl methyl ether 126998 Chloroprene 1319773 Cresols/Cresylic acid (isomers and mixture) 108394 m-Cresol 95487 o-Cresol 106445 p-Cresol 98828 Cumene 94757 2,4-D, salts and esters 3547044 DDE 334883 Diazomethane 132649 Dibenzofurans 96128 1,2-Dibromo-3-chloropropane 84742 Dibutylphthalate 106467 1,4-Dichlorobenzene(p) 91941 3,3-Dichlorobenzidene 111444 Dichloroethyl ether (Bis(2chloroethyl)ether) 542756 1,3-Dichloropropene 62737 Dichlorvos 111422 Diethanolamine 121697 N,N-Diethyl aniline (N,N-Dimethylaniline) 64675 Diethyl sulfate 119904 3,3-Dimethoxybenzidine 60117 Dimethyl aminoazobenzene 119937 3,3-Dimethyl benzidine 79447 Dimethyl carbamoyl chloride 68122 Dimethyl formamide 57147 1,1-Dimethyl hydrazine 131113 Dimethyl phthalate 77781 Dimethyl sulfate 534521 4,6-Dinitro-o-cresol and salts 51285 2,4-Dinitrophenol 121142 2,4-Dinitrotoluene 123911 1,4-Dioxane (1,4-Diethyleneoxide) 122667 1,2-Diphenylhydrazine 106898 Epichlorohydrin (1-Chloro-2,3epoxypropane) 106887 1,2-Epoxybutane 140885 Ethyl acrylate 100414 Ethyl benzene 51796 Ethyl carbamate (Urethane) 75003 Ethyl chloride (Chloroethane) 106934 Ethylene dibromide (1,2-Dibromoethane) 107062 Ethylene dichloride (1,2- Dichloroethane) 107211 Ethylene glycol 151564 Ethylene imine (Aziridine) 75218 Ethylene oxide 96457 Ethylene thiourea 75343 Ethylidene dichloride (1,1-Dichloroethane) 50000 Formaldehyde 76448 Heptachlor 118741 Hexachlorobenzene 87683 Hexachlorobutadiene 77474 Hexachlorocyclopentadiene 67721 Hexachloroethane 822060 Hexamethylene-1,6-diisocyanate 680319 Hexamethylphosphoramide 110543 Hexane 302012 Hydrazine 7647010 Hydrochloric acid 7664393 Hydrogen fluoride (hydrofluoricacid) 123319 Hydroquinone 78591 Isophorone 58899 Lindane (all isomers) 108316 Maleic anhydride 67561 Methanol 72435 Methoxychlor 74839 Methyl bromide (Bromomethane) 74873 Methyl chloride (Chloromethane) 71556 Methyl chloroform (1,1,1- Trichloroethane) 60344 Methyl hydrazine 74884 Methyl iodide (Iodomethane) 108101 Methyl isobutyl ketone (Hexone) 624839 Methyl isocyanate 80626 Methyl methacrylate 1634044 Methyl tert butyl ether 101144 4,4-Methylene bis(2-chloroaniline) 75092 Methylene chloride (Dichloromethane) 101688 Methylene diphenyl diisocyanate (MDI) 101779 4,4-Methylenedianiline 91203 Naphthalene 98953 Nitrobenzene 92933 4-Nitrobiphenyl 100027 4-Nitrophenol 79469 2-Nitropropane 684935 N-Nitroso-N-methylurea 62759 N-Nitrosodimethylamine 59892 N-Nitrosomorpholine 56382 Parathion 82688 Pentachloronitrobenzene (Quintobenzene) 87865 Pentachlorophenol 108952 Phenol 106503 p-Phenylenediamine 75445 Phosgene 7803512 Phosphine 7723140 Phosphorus 85449 Phthalic anhydride 1336363 Polychlorinated biphenyls (Aroclors) 1120714 1,3-Propane sultone 57578 beta-Propiolactone 123386 Propionaldehyde 114261 Propoxur (Baygon) 78875 Propylene dichloride (1,2- Dichloropropane) 75569 Propylene oxide 75558 1,2-Propylenimine (2-Methylaziridine) 91225 Quinoline 106514 Quinone 100425 Styrene 96093 Styrene oxide 1746016 2,3,7,8-Tetrachlorodibenzop-dioxin 79345 1,1,2,2-Tetrachloroethane 127184 Tetrachloroethylene (Perchloroethylene) 7550450 Titanium tetrachloride 108883 Toluene 95807 2,4-Toluene diamine 584849 2,4-Toluene diisocyanate 95534 o-Toluidine 8001352 Toxaphene (chlorinated camphene) 120821 1,2,4-Trichlorobenzene 79005 1,1,2-Trichloroethane 79016 Trichloroethylene 95954 2,4,5-Trichlorophenol 88062 2,4,6-Trichlorophenol 121448 Triethylamine 1582098 Trifluralin 540841 2,2,4-Trimethylpentane 108054 Vinyl acetate 593602 Vinyl bromide (bromoethene) 75014 Vinyl chloride 75354 Vinylidene chloride (1,1- Dichloroethylene) 1330207 Xylenes (isomers and mixture) 108383 m-Xylenes 95476 o-Xylenes 106423 p-Xylenes 0 Antimony Compounds 0 Arsenic Compounds (inorganic including arsine) 0 Beryllium Compounds 0 Cadmium Compounds 0 Chromium Compounds 0 Cobalt Compounds 0 Coke Oven Emissions 0 Cyanide Compounds 0 Glycol ethers 0 Lead Compounds 0 Manganese Compounds 0 Mercury Compounds 0 Fine mineral fibers 0 Nickel Compounds 0 Polycyclic Organic Matter 0 Radionuclides (including radon) 0 Selenium Compounds Note: For all listings in this table that contain the word compounds and for glycol ethers, the following applies: Unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named chemical (that is, antimony, arsenic, and the like) as part of that chemical’s infrastructure.

X’CN where X–H’ or any other group where a formal dissociation may occur, for example, KCN or Ca(CN) .

Includes mono- and diethers of ethylene glycol, diethylene glycol and triethylene glycol R(OCH CH )n-OR’ where n = 1, 2, or 3; R = Alkyl or aryl groups; R’ = R, H, or groups which, when removed, yield glycol ethers with the structure R-(OCH CH )n-OH. Polymers and ethylene glycol monobutyl ether are excluded from the glycol category.

Includes glass microfibers, glass wool fibers, rock wool fibers, and slag wool fibers, each characterized as respirable (fiber diameter less than three and one-half (3.5) micrometers) and possessing an aspect ratio (fiber length divided by fiber diameter) greater than or equal to three (3), as emitted from production of fiber and fiber products.

Includes organic compounds with more than one (1) benzene ring, and which have a boiling point greater than or equal to one hundred degrees Celsius (100°C).

A type of atom which spontaneously undergoes radioactive decay.

(4) Reporting and Record Keeping (Not Applicable)

(5) Test Methods (Not Applicable)

Amended: Filed Aug. 11, 1978, effective April 12, 1979. Amended:

Filed Nov. 14, 1978, effective June 11, 1979. Amended: Filed Dec. 15, 1978, effective June 11, 1979. Amended: Filed March 15, 1979, effective Nov. 11, 1979. Amended: Filed Dec. 10, 1979, effective April 11, 1980. Amended: Filed March 13, 1980, effective Sept. 12, 1980.

Amended: Filed Sept. 12, 1980, effective April 11, 1981. Amended:

Filed Jan. 14, 1981, effective June 11, 1981. Amended: Filed March 11, 1981, effective Aug. 13, 1981. Amended: Filed Nov. 10, 1981, effective May 13, 1982. Amended: Filed Dec. 10, 1981, effective June 11, 1982.

Amended: Filed June 14, 1982, effective Dec. 11, 1982. Amended:

Filed Aug. 13, 1982, effective Jan. 13, 1983. Amended: Filed Jan. 12, 1983, effective June 11, 1983. Amended: Filed Oct. 13, 1983, effective March 11, 1984. Amended: Filed Oct. 15, 1984, effective May 11, 1985.

Emergency amendment filed Nov. 9, 1984, effective Nov. 19, 1984, expired March 19, 1985. Amended: Filed Jan. 15, 1985, effective May 11, 1985. Amended: Filed July 3, 1985, effective Dec. 12, 1985.

Amended: Filed Jan. 6, 1986, effective May 11, 1986. Amended:

Filed Feb. 4, 1987, effective May 28, 1987. Amended: Filed April 2, 1987, effective Aug. 27, 1987. Amended: Filed Sept. 1, 1987, effective Dec. 24, 1987. Amended: Filed Jan. 5, 1988, effective April 28, 1988.

Amended: Filed March 16, 1988, effective Aug. 25, 1988. Amended:

Filed Oct. 4, 1988, effective March 11, 1989. Amended: Filed June 30, 1989, effective Nov. 26, 1989. Amended: Filed Jan. 24, 1990, effective May 24, 1990. Amended: Filed Jan. 3, 1991, effective Aug. 30, 1991. Amended: Filed March 31, 1992, effective Feb. 26, 1993.

Amended: Filed Dec. 14, 1992, effective Sept. 9, 1993. Amended:

Filed Sept. 2, 1993, effective May 9, 1994. Amended: Filed Dec. 15, 1994, effective Aug. 30, 1995. Amended: Filed Sept. 29, 1995, effective May 30, 1996. Amended: Filed Oct. 3, 1995, effective June 30, 1996. Amended: Filed Aug. 15, 1997, effective April 30, 1998.

Amended: Filed July 29, 1998, effective May 30, 1999. Amended:

Filed Sept. 22, 1999, effective May 30, 2000. Amended: Filed March 5, 2003, effective Oct. 30, 2003. Amended: Filed July 6, 2005, effective Feb. 28, 2006. Amended: Filed Feb. 4, 2008, effective Sept. 30, 2008. Amended: Filed April 26, 2010, effective Dec. 30, 2010.

Amended: Filed Nov. 30, 2010, effective Aug. 30, 2011. Amended:

Filed Sept. 16, 2011, effective May 30, 2012. Amended: Filed July 3, 2012, effective Feb. 28, 2013. Amended: Filed July 12, 2013, effective March 30, 2014. Amended: Filed Sept. 19, 2023, effective May 30, 2024. *Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011, 2022, and 643.055, RSMo 1979, amended 1992, 1994, transferred 1986, formerly 203.055, 2014.

**History**
- *AUTHORITY: section 643.050, RSMo Supp. 2023, and section 643.055, RSMo 2016. Original rule filed Aug. 16, 1977, effective Feb. 11, 1978. Amended: Filed Feb. 27, 1978, effective Dec. 11, 1978.*

##### **10 CSR 10-6.025** Fees {#sec-10-csr-10-6.025 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.025}

PURPOSE: This rule provides all of the permitting, emission, asbestos, and agricultural anhydrous ammonia fees for rules found in 10 CSR 10 Chapter 6.

(1) Applicability. This rule applies to— (A) The owner or operator of a new or existing installation throughout Missouri that is required to obtain a construction permit pursuant to 10 CSR 10-6.060;

(B) The owner or operator of a new or existing installation throughout Missouri that submits a notification to qualify for a permit by rule pursuant to 10 CSR 10-6.062;

(C) The owner or operator of any intermediate or part 70 installation as identified in 10 CSR 10-6.065;

(D) The owner or operator of any new or existing installation that meets the applicability criteria of 10 CSR 10-6.110;

(E) All persons that meet the applicability criteria of 10 CSR 10-6.241;

(F) All persons that meet the applicability criteria of 10 CSR 10-6.250; and (G) Agricultural anhydrous ammonia facilities that are required to pay fees pursuant to 10 CSR 10-6.255(3)(C).

(2) Definitions.

(A) Asbestos—The definition found in 10 CSR 10-6.241 and 10 CSR 10-6.250 applies.

(B) Asbestos air sampling professional—The definition found in 10 CSR 10-6.250(3)(A)3.A. applies.

(C) Asbestos air sampling technician—The definition found in 10 CSR 10-6.250(3)(A)3.B. applies.

(D) Asbestos projects—The definition found in 10 CSR 10-6.241 and 10 CSR 10-6.250 applies.

(E) Asbestos-containing material (ACM)—The definition found in 10 CSR 10-6.241 and 10 CSR 10-6.250 applies.

(F) Demolition—The definition found in 10 CSR 10-6.241 applies.

(G) Emission(s)—The release or discharge, whether directly contaminants listed in 10 CSR 10-6.020(3)(A).

(H) Friable asbestos material—The definition found in 10 CSR 10-6.241 applies.

(I) Intermediate installation—The definition found in 10 CSR 10-6.065 applies.

(J) Part 70 installation—The definition found in 10 CSR 10- 6.065 applies.

(K) Regulated asbestos-containing material (RACM)—The definition found in 10 CSR 10-6.241 applies.

(L) Reporting year—The definition found in 10 CSR 10-6.110 applies.

(M) Definitions of certain terms specified in this rule, other than those specified in this rule section, may be found in 10 (3) Construction permit filing and processing fees under 10 CSR 10-6.060. Permit fees shall be submitted as outlined in 10 CSR 10-6.060(3)(H).

Permit Application Type 10 CSR 10-6.060

Section Reference Filing Fee Processing Fee Portable Source Relocation Request (4)$300--- Minor(5)$300$100/hr General Permit(6)$700--- New Source Review (NSR)

(7)$6,000$100/hr Prevention of Significant Deterioration (PSD)

(8)$6,000$100/hr xHAP(9)$6,000$100/hr Initial Plantwide Applicability Limit (PAL)

(7) or (8)$6,000$100/hr Renewable PAL(7) or (8)$3,500$100/hr Temporary/Pilot(10)$250$100/hr Permit Amendment (11)---$100/hr (4) Construction permits by rule review fees under 10 CSR 10- 6.062. The review fee for a notification sent to qualify for a permit-by-rule pursuant to 10 CSR 10-6.062 is seven hundred dollars ($700).

(5) Operating permits filing fees under 10 CSR 10-6.065. The filing fee for Intermediate and Part 70 operating permit applications under 10 CSR 10-6.065 is determined using a tiered system based on the complexity of the permit. The total filing fee is the base fee added to the sum of all applicable complexity fee items the facility is subject to at the time the permit application is submitted. This tiered system for calculating the operating permit filing fee applies to initial and renewal applications for permits. To calculate the application filing fee, use the following formula:

Total filing fee = (base fee) + (total additional complexity fee)

Total filing fee = amount due upon filing of operating permit application not to exceed six thousand five hundred dollars ($6,500) (regardless of calculated amount)

Base fee = determine using Table 1 Total additional complexity fee = determine using Table 2 Table 1. Base fee Number of Emission Base Fee (beginning January 1, 2026) 0 to 30$1,250 31 to 60$1,500 61 to 90$1,750 91 or more$2,000 Table 2. Worksheet for installation additional complexity fee calculations Complexity Category Calculation Number per installation xFee== Additional complexity fee subtotal New Source Performance Standard (NSPS)_______x$1,000=_______ Maximum Achieveable Control Technology (MACT)_______x$1,500=_______ National Emissions Standards for Hazardous Air Pollutants (NESHAP)_______x$1,500=_______ Compliance Assurance Monitoring (CAM)_______x$1,000=_______ Confidentiality Request_______x$500=_______ Acid Rain_______x$500=_______ Total additional complexity fee$ (6) Emission fees and base fees under 10 CSR 10-6.110.

(A) Any installation subject to 10 CSR 10-6.110, except sources that produce charcoal from wood, shall pay an annual emission fee per ton of applicable pollutant emissions identified in Table 4. of this rule based on previous calendar year emissions and in accordance with subsections (6)(B) through (6)(H) of this rule.

The emission fee shall be sixty dollars and no cents ($60.00) per ton emitted in calendar year 2026, and sixty-two dollars and no cents ($62.00) per ton emitted in calendar year 2027 and beyond.

(B) For Full Emissions Reports, the fee is based on the information provided in the installation’s emissions report. For sources that qualify for and use the Reduced Reporting Form, the fee shall be based on the last Full Emissions Report.

(C) The fee shall apply to the first four thousand (4,000) tons of each air pollutant subject to fees as identified in Table 4. of this rule. No installation shall be required to pay fees on total emissions in excess of twelve thousand (12,000) tons for any reporting year. An installation subject to 10 CSR 10-6.110 that operated and emitted less than one (1) ton of all pollutants subject to fees shall pay an emission fee for one (1) ton. No emission fees are charged for facilities that did not operate.

(D) An installation that pays emission fees to a holder of a certificate of authority issued pursuant to section 643.140, RSMo, may deduct those fees from the emission fee due under this section. This deduction does not apply to the base fees imposed in subsection (6)(H) of this rule.

(E) The fee imposed in subsection (6)(A) of this rule shall not apply to NH , CO, PM , or HAPs reported as PM or VOC, as summarized in Table 4. of this rule.

(F) Emission fees for the reporting year are due June 1 after each reporting year. The fees shall be payable to the Missouri Department of Natural Resources.

(G) To determine emission fees, an installation shall be considered one (1) source as defined in section 643.078.2, RSMo, except that an installation with multiple operating permits shall pay emission fees separately for air pollutants emitted under each individual permit.

(H) Any installation subject to 10 CSR 10-6.110, except sources that produce charcoal from wood, shall pay an annual base fee in addition to any applicable emission fees. The annual base fee is as specified in Table 3. of this rule, due June 1 the following year.

Table 3. Tiered base fee structure Title V and Intermediate Sources Base FeeChargeable Emission Thresholds $1000 to 10 tons $25011 to 20 tons $50021 to 100 tons $1,500101 to 500 tons $2,500501 tons and over Non-Title V Sources Base FeeChargeable Emission Thresholds $500 to 0 tons $1001 to 5 tons $2506 to 20 tons $50021 tons and over Table 4. Pollutant fee applicability Pollutants Subject to FeesPollutants Not Subject to Fees priPM pri CO X NH VOCHAPs reported as PM or VOC HAP (7) Asbestos projects fees under 10 CSR 10-6.241.

(A) The annual registration application fee required in 10 CSR 10-6.241(3)(A)3. is two thousand nine hundred dollars ($2,900).

(B) The nonrefundable notification fee required in 10 CSR 10- 6.241(3)(E)4. is two hundred forty dollars ($240).

(C) The inspection fee required in 10 CSR 10-6.241(3)(F) is two hundred thirty dollars ($230) per inspection for each of the first two (2) inspections.

(D) Demolition. The nonrefundable notification fee required in 10 CSR 10-6.241(3)(I) is one hundred twenty dollars ($120) for each demolition.

(8) Certification/recertification fees under 10 CSR 10-6.250.

(A) For certifications and recertifications under subsections (3)(A) and (3)(B) of 10 CSR 10-6.250, the department shall assess— 1. A one-hundred-ten-dollar ($110) application fee for each individual applying for certification except for asbestos abatement workers, asbestos air sampling professionals, and asbestos air sampling technicians;

2. A fifty-dollar ($50) application fee for each asbestos abatement worker;

3. A three-hundred-dollar ($300) application fee for asbestos air sampling professional certification. No renewal fees for asbestos air sampling professionals. No application or renewal fees for asbestos air sampling technicians;

4. A twenty-five-dollar ($25) fee for each Missouri asbestos examination;

5. A thirty-dollar ($30) renewal fee for each renewal certificate for asbestos abatement workers; and 6. A sixty-dollar ($60) renewal fee for each renewal certificate for non-asbestos abatement workers.

(B) Accreditation fees. Training providers under subsection (3)(D) of 10 CSR 10-6.250 must pay an accreditation fee of one thousand one hundred fifty dollars ($1,150) per course category prior to issuance or renewal of an accreditation. No person shall pay more than three thousand four hundred fifty dollars ($3,450) for all course categories for which accreditation is requested at the same time.

(C) Business Exemption Application Fees. Any person submitting a business exemption application outlined in subsection (3)(E) of 10 CSR 10-6.250 must remit a one-time nonrefundable fee of two hundred fifty dollars ($250) with the application for exemption.

(9) Agricultural anhydrous ammonia fees under 10 CSR 10- 6.255.

(A) Each retail agricultural anhydrous ammonia facility is subject to an annual registration fee of two hundred dollars ($200), and an annual tonnage fee of one dollar and twentyfive cents ($1.25) per ton of agricultural anhydrous ammonia sold or used by the retail agricultural anhydrous ammonia facility.

(B) Each distributor or terminal agricultural anhydrous ammonia facility is subject to an annual registration fee of five thousand dollars ($5,000). These entities are not subject to an annual tonnage fee.

(C) The fees listed in subsections (9)(A) and (9)(B) of this rule are due on March 31 each year for the previous calendar year’s tonnage and registration.

(10) Reporting and Recordkeeping. (Not Applicable).

(11) Test Methods. (Not Applicable).

**History**
- *AUTHORITY: sections 643.073, 643.075, 643.225, 643.232, 643.237, and 643.242, RSMo 2016, and sections 643.050, 643.079, and 643.228, RSMo Supp. 2025. Original rule filed Nov. 13, 2025, effective July 30, 2026. Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011, 2022; 643.073, RSMo 1992; 643.075, RSMo 1972, amended 1988, 1992, 2015; 643.079, RSMo 1992, amended 2005, 2007, 2011, 2013, 2014, 2022, 2023; 643.225, RSMo 1989, amended 2011, 2012; 643.228, RSMo 1989, amended 2018; 643.232, RSMo 1989, amended 2011; 643.237, RSMo 1989, amended 2011; and 643.242, RSMo 1989, amended 2011.*

##### **10 CSR 10-6.030** Sampling Methods for Air Pollution Sources {#sec-10-csr-10-6.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.030}

PURPOSE: This rule defines methods for performing emissions sampling on air pollution sources throughout Missouri when required in the Air Conservation Commission emission rules.

(1) Samples and velocity traverses for source sampling shall be conducted using Method 1 as specified by 40 CFR part 60, (2) The velocity of stack gases shall be determined by measuring velocity head using a Type “S” (Stauscheibe or reverse type) pitot tube using Method 2 as specified by 40 CFR part 60, (3) The carbon dioxide, oxygen, excess air, and dry molecular weight contained in stack gases shall be determined using Method 3 as specified by 40 CFR part 60, Appendix A in section (22) of this rule.

(4) The moisture content in stack gases shall be determined using Method 4 as specified by 40 CFR part 60, Appendix A in

section (22) of this rule.

(5) Particulate Matter Emissions.

(A) The concentration of particulate matter emissions in stack gases shall be determined using Method 5 as specified by 40 CFR part 60, Appendix A in section (22) of this rule.

(B) The quantity of particulate matter emissions from certain industrial processes as determined by the director shall be determined using Method 17 as specified by 40 CFR part 60, (C) The concentration of particulates of PM shall be determined using Method 201 as specified by 40 CFR part 51,

Appendix M in section (21) of this rule. When water droplets are known to exist in emissions, use Method 5 as defined in subsection (5)(A) of this rule and consider the particulate catch to be PM (D) The concentration of particulates of PM shall be determined using Method 201A as specified by 40 CFR part 51,

Appendix M in section (21) of this rule. When water droplets are known to exist in emissions, use Method 5 as defined in subsection (5)(A) of this rule and consider the particulate catch to be PM (E) The concentration of condensable particulate matter (CPM) emissions in stack gases shall be determined using Method 202 and Conditional Test Method 039 as specified by 40 CFR part 51, Appendix M in section (21) of this rule may be used to determine the total PM fraction of filterable (F) The concentration of PM emissions in stack gases shall be determined using Method 202 and Conditional Test Method 040 as specified by 40 CFR part 51, Appendix M in section (21) of this rule. EPA Conditional Test Method 039 as specified in 40 CFR part 51, Appendix M in section (21) of this rule may be used to determine the total PM fraction of filterable (6) The sulfur dioxide emissions from air pollution sources shall be determined using Method 6 as specified by 40 CFR part 60, (7) The nitrogen oxide emissions from air pollution sources shall be determined using Method 7 as specified by 40 CFR part 60, Appendix A in section 22 of this rule.

(8) The sulfuric acid mist and sulfur dioxide emissions from air pollution sources shall be determined using Method 8 as specified by 40 CFR part 60, Appendix A in section (22) of this (9) Visible Emissions.

(A) The visible emissions from air pollution sources shall be evaluated using Method 9 as specified by 40 CFR part 60, (B) Visible fugitive emissions shall be evaluated using Method 22 as specified by 40 CFR part 60, Appendix A in section (22) of (10) The carbon monoxide emissions from air pollution sources shall be determined using Method 10 as specified by 40 CFR (11) The hydrogen sulfide emissions from air pollution sources shall be determined using Method 11 as specified by 40 CFR (12) The lead emissions from air pollution sources shall be determined using Method 12 as specified by 40 CFR part 60, (13) The total fluoride emissions and the associated moisture content from air pollution sources shall be determined using Method 13A and 13B as specified by 40 CFR part 60, Appendix A in section (22) of this rule. For Method 13A or 13B, the sampling time for each run shall be at least sixty (60) minutes and the minimum sample volume shall be at least 0.85 standard dry cubic meter (thirty (30) standard dry cubic foot) except that shorter sampling times or smaller volumes, when necessitated by process variables or other factors, may be approved by the (14) Volatile organic compound emissions from air pollution sources shall be determined— (A) Using Method 25 as specified by 40 CFR part 60, Appendix (B) Using Method 27 as specified by 40 CFR part 60, Appendix (C) Using Method 24 as specified by 40 CFR part 60, Appendix (D) Using Method 24A as specified by 40 CFR part 60,

Appendix A in section (22) of this rule; or (E) Using Method 21 as specified by 40 CFR part 60, Appendix A in section (22) of this rule.

(15) The hydrogen chloride emissions from air pollution sources shall be determined using Method 26 as specified by 40 CFR (16) Dioxin and furan emissions from air pollution sources shall be determined using Method 23 as specified by 40 CFR part 60, (17) The mercury emissions, both particulate and gaseous, from air pollution sources shall be determined using Method 101A as specified by 40 CFR part 61, Appendix B in section (23) of this (18) The latest effective date of any 40 CFR part 60, Appendix A—Test Methods shall be as designated in 10 CSR 10-6.070 New Source Performance Regulations.

(19) Alternative Sampling Method. An alternative sampling method to any method referenced in this rule may be used provided it is in accordance with good professional practice, provides results of at least the same accuracy and precision as the replaced method and receives the approval of the director for its use.

(20) The capture efficiency of air pollution control devices shall be determined as specified by the U.S. Environmental Protection Agency’s (EPA’s) February 7, 1995 memorandum entitled, “Revised Capture Efficiency Guidance for Control of Volatile Organic Compound Emission” (GD 36) and the U.S. EPA’s January 9, 1994 technical document entitled, “Guidelines for Determining Capture Efficiency.” (GD 35) as published by EPA and hereby incorporated by reference in this rule. Copies can be obtained from the Office of Air Quality Planning and Standards, Leader, Measurement Technology Group, (Mail Code E143-02), Research Triangle Park, NC 27711. This rule does not incorporate any subsequent amendments or additions. For automobile and light-duty truck topcoat operations, the capture efficiency of air pollution control devices shall be determined as specified in U.S.

EPA’s document entitled, “Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations” (US EPA-453/R-08-002), as published by EPA September 2008 and hereby incorporated Road, Springfield VA 22161. This rule does not incorporate any (21) 40 CFR 51, Appendix M promulgated as of July 1, 2018 is hereby incorporated by reference in this rule, as published by the Office of the Federal Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street NW, Washington DC 20401. This rule does not incorporate any (22) 40 CFR 60, Appendices A, B, and F promulgated as of July 1, 2018 are hereby incorporated by reference in this rule, as Capitol Street NW, Washington DC 20401. This rule does not (23) 40 CFR 61, Appendix B promulgated as of July 1, 2018 is hereby incorporated by reference in this rule, as published by the Office of the Federal Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street NW, Washington DC 20401. This rule does not incorporate any

rule filed Aug. 16, 1977, effective Feb. 11, 1978. Amended: Filed Feb. 27, 1978, effective Dec. 11, 1978. Amended: Filed Sept. 14, 1978, effective April 12, 1979. Amended: Filed July 16, 1979, effective Feb. 11, 1980. Amended: Filed Dec. 10, 1979, effective April 11, 1980.

Amended: Filed March 13, 1980, effective Sept. 12, 1980. Amended:

Filed Feb. 14, 1984, effective July 12, 1984. Amended: Filed June 2, 1987, effective Nov. 23, 1987. Amended: Filed Sept. 1, 1987, effective Dec. 24, 1987. Amended: Filed Aug. 4, 1988, effective Nov. 24, 1988.

Amended: Filed Feb. 4, 1991, effective Sept. 30, 1991. Amended:

Filed Sept. 3, 1991, effective April 9, 1992. Amended: Filed April 15, 1996, effective Nov. 30, 1996. Amended: Filed April 14, 1998, effective Nov. 30, 1998. Amended: Filed July 6, 2005, effective Feb. 28, 2006. Amended: Filed April 13, 2018, effective Jan. 30, 2019.

Amended: Filed March 15, 2019, effective Nov. 30, 2019. *Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011 and 643.055, RSMo 1979, amended 1992, 1994, 2014.

**History**
- *AUTHORITY: sections 643.050 and 643.055, RSMo 2016. Original*

##### **10 CSR 10-6.040** Reference Methods {#sec-10-csr-10-6.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.040}

PURPOSE: This rule provides reference methods for determining ambient air/atmosphere data and information necessary for the enforcement of air pollution control regulations throughout Missouri.

(1) The percent sulfur in solid fuels shall be determined as specified by American Society of Testing and Materials (ASTM)

D4239 - 17 Standard Test Method for Sulfur in the Analysis Sample of Coal and Coke Using High-Temperature Tube Furnace Combustion, as approved and published in 2017, as specified in (2) The heat content or higher heating value (HHV) of solid fuels shall be determined by use of the Adiabatic Bomb Calorimeter as specified by ASTM D5865 - 13 Standard Test Method for Gross Calorific Value of Coal and Coke, as approved and published in 2013, as specified in section (36) of this rule.

(3) The heat content or HHV of liquid hydrocarbons shall be determined as specified by ASTM D240 – 17 Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter, as approved and published in 2017, as (4) The methods for determining the concentrations of the following air contaminants shall be as specified in 40 CFR 50, Appendices A–R or equivalent methods as specified in 40 CFR 53. The provisions of 40 CFR 50, Appendices A–R, and 40 CFR 53, both promulgated as of July 1, 2018, apply and are hereby Office of the Federal Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street NW, Washington DC 20401. This rule does not incorporate any (A) The concentration of sulfur dioxide shall be determined as specified in 40 CFR 50, Appendix A—Reference Method for the Determination of Sulfur Dioxide in the Atmosphere (Pararosaniline Method) or an equivalent method as approved by 40 CFR 53, as incorporated by reference in section (4) of this rule.

(B) The concentration of total suspended particulate shall be determined as specified in 40 CFR 50, Appendix B—Reference Method for the Determination of Suspended Particulate Matter in the Atmosphere (High-Volume Method), as incorporated by (C) The concentration of carbon monoxide shall be determined as specified in 40 CFR 50, Appendix C—Measurement Principle and Calibration Procedure for the Measurement of Carbon Monoxide in the Atmosphere (Non-Dispersive Infrared Photometry) or equivalent methods as approved by 40 CFR 53, as incorporated by reference in section (4) of this rule.

(D) The concentration of ozone shall be determined as specified in 40 CFR 50, Appendix D—Measurement Principle and Calibration Procedure for the Measurement of Ozone in the Atmosphere or equivalent methods as approved by 40 CFR 53, as incorporated by reference in section (4) of this rule.

(E) Reserved.

(F) The concentration of nitrogen dioxide shall be determined as specified in 40 CFR 50, Appendix F—Measurement Principle and Calibration Procedure for the Measurement of Nitrogen Dioxide in the Atmosphere (Gas Phase Chemiluminescence) or equivalent methods as approved by 40 CFR 53, as incorporated by reference in section (4) of this rule.

(G) The concentration of lead shall be determined as specified in 40 CFR 50, Appendix G—Reference Method for the Determination of Lead in Suspended Particulate Matter Collected From Ambient Air or in 40 CFR 50, Appendix Q—Reference Method for the Determination of Lead in Particulate Matter as Collected From Ambient Air or equivalent methods as approved by 40 CFR 53, as incorporated by reference in section (4) of this rule.

(H) Compliance with the one (1) hour ozone standard shall be determined as specified in 40 CFR 50, Appendix H— Interpretation of the 1-Hour Primary and Secondary National Ambient Air Quality Standards for Ozone, as incorporated by (I) Compliance with the eight (8) hour ozone standards shall be determined as specified in 40 CFR 50, Appendix I— Interpretation of the 8-Hour Primary and Secondary National Ambient Air Quality Standards for Ozone, as incorporated by (J) The concentration of particulate matter 10 micron (PM shall be determined as specified in 40 CFR 50, Appendix J— Reference Method for the Determination of Particulate Matter as in the Atmosphere, or an equivalent method as approved in 40 CFR 53, as incorporated by reference in section (4) of this (K) Compliance with particulate matter 10 PM standards shall be determined as specified in 40 CFR 50, Appendix K— Interpretation of the National Ambient Air Quality Standards for Particulate Matter, as incorporated by reference in section (4)

(L) The concentration of particulate matter 2.5 micron ) shall be determined as specified in 40 CFR 50, Appendix L—Reference Method for the Determination of Fine Particulate Matter as PM in the Atmosphere, or an equivalent method as approved in 40 CFR 53, as incorporated by reference in section (4) of this rule.

(M) Compliance with particulate matter 2.5 (PM ) standards shall be determined as specified in 40 CFR 50, Appendix N— Interpretation of the National Ambient Air Quality Standards for , as incorporated by reference in section (4) of this rule.

(N) Compliance with the eight (8)-hour ozone standards shall be determined as specified in 40 CFR 50, Appendix P— Interpretation of the Primary and Secondary National Ambient Air Quality Standards for Ozone, as incorporated by reference in

section (4) of this rule.

(O) Compliance with the lead standards shall be determined as specified in 40 CFR 50, Appendix R—Interpretation of the National Ambient Air Quality Standards for Lead, as incorporated by reference in section (4) of this rule.

(5) The concentration of hydrogen sulfide (H S) shall be determined by scrubbing all sulfur dioxide (SO ) present in the sample and then converting each molecule of H S to SO with a thermal converter so that the resulting SO is detected by an analyzer as specified in 40 CFR 50, Appendix A—Reference Method for the Determination of Sulfur Dioxide in the Atmosphere (Pararosaniline Method) or an equivalent method approved by 40 CFR 53, as incorporated by reference in section (4) of this

rule, in which case the calibration gas used must be National Institute of Standards and Technology traceable H S gas.

(6) The concentration of sulfuric acid mist shall be determined as specified in the Compendium Method IO-4.2, Determination of Reactive Acidic and Basic Gases and Strong Acidity of Atmospheric Fine-Particles (<2.5 μm), EPA/625/R-96/010a, as published by EPA June 1999 and hereby incorporated by reference in this

rule. Copies can be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, (A) The concentration of total sulfur shall be determined as specified in section (4) of this rule by sampling for sulfur dioxide without removing other sulfur compound interferences.

(B) The concentration of sulfur dioxide shall be determined as specified by section (4) of this rule.

(C) The concentration of hydrogen sulfide shall be determined as specified by section (5) of this rule.

(7) The percent sulfur in liquid hydrocarbons shall be determined as specified by ASTM D2622 - 16 Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-ray Fluorescence Spectrometry, as approved and published in 2016, as specified in (8) The amount of solvent present in earth filters and distillation wastes shall be determined as specified by ASTM D322 – 97(2016)

Standard Test Method for Gasoline Diluent in Used Gasoline Engine Oils by Distillation, as approved and published in 2016, as specified in section (36) of this rule.

(9) The atmospheric distillation of petroleum products and liquid fuels shall be determined as specified by ASTM D86-17 Standard Test Method for Distillation of Petroleum Products and Liquid Fuels at Atmospheric Pressure, as approved and published in 2017, as specified in section (36) of this rule.

(10) The pour point of petroleum specimens shall be determined as specified by ASTM D97-17a Standard Test Method for Pour Point of Petroleum Products, as approved and published in 2017, as specified in section (36) of this rule.

(11) The vapor pressure of petroleum products shall be determined as specified by ASTM D323-15a Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method), as approved and published in 2015, as specified in section (36)

(12) The specification for fuel oil shall be determined as specified by ASTM D396-17 Standard Specification for Fuel Oils, as approved and published in 2017, as specified in section (36)

(13) The gloss measurement rating shall be determined as specified by ASTM D523-14 Standard Test Method for Specular Gloss, as approved and published in 2014, as specified in section (36) of this rule.

(14) The specification for diesel fuel oils shall be determined as specified by ASTM D975-17 Standard Specification for Diesel Fuel Oils, as approved and published in 2017, as specified in section (36) of this rule.

(15) The specification for emulsified asphalt shall be determined as specified by ASTM D977-17 Standard Specification for Emulsified Asphalt, as approved and published in 2017, as specified in (16) The chemical composition reformed and similar gases shall be determined as specified by ASTM D1946-90(2015)e1 Standard Practice for Analysis of Reformed Gas by Gas Chromatography, as approved and published in 2015, as specified in section (36) of (17) The practice for the reduction and division of gross or divided samples and the preparation of composite samples shall be determined as specified by ASTM D2013/D2013M-12 Standard Practice for Preparing Coal Samples for Analysis, as approved and published in 2012, as specified in section (36) of this rule.

(18) The procedure for collection of samples shall be determined as specified by ASTM D2234/D2234M-16 Standard Practice for Collection of a Gross Sample of Coal, as approved and published in 2016, as specified in section (36) of this rule.

(19) The specification of grades of cationic emulsified asphalt shall be determined as specified by ASTM D2397/D2397M-17 Standard Specification for Cationic Emulsified Asphalt, as approved and published in 2017, as specified in section (36) of (20) The properties of fuels shall be determined as specified by ASTM D2880-15 Standard Specification for Gas Turbine Fuel Oils, as approved and published in 2015, as specified in section (36)

(21) The formulas that allow analytical data to be expressed in various bases shall be determined as specified by ASTM D3180- 15 Standard Practice for Calculating Coal and Coke Analyses from As-Determined to Different Bases, as approved and published in 2015, as specified in section (36) of this rule.

(22) The procedures and equipment for manually obtaining samples of liquid petroleum and petroleum products shall be determined as specified by ASTM D4057-12 Practice for Manual Sampling of Petroleum and Petroleum Products, as approved and published in 2012, as specified in section (36) of this rule.

(23) The determination of H S in gaseous fuels shall be determined as specified by ASTM D4084-07(2012) Standard Test Method for Analysis of Hydrogen Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method), as approved and published in 2012, as specified in section (36) of this rule.

(24) The determination of sulfur in samples of coal or coke shall be determined as specified by ASTM D4239-17 Standard Test Method for Sulfur in the Analysis Sample of Coal and Coke Using High-Temperature Tube Furnace Combustion, as approved and published in 2017, as specified in section (36) of this rule.

(25) The determination of the heat of combustion of hydrocarbon fuels shall be determined as specified by ASTM D4809-13 Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), as approved and published in 2013, as specified in section (36) of (26) The determination of gasoline and gasoline-oxygenate blends shall be determined as specified by ASTM D4953-15 Standard Test Method for Vapor Pressure of Gasoline and Gasoline- Oxygenate Blends (Dry Method), as approved and published in 2015, as specified in section (36) of this rule.

(27) The use of automated vapor pressure instruments to determine the total vapor pressure shall be determined as specified by ASTM D5191-15 Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method), as approved and published in 2015, as specified in section (36) of this rule.

(28) The determination of speciated volatile sulfur-containing compounds in high methane content gaseous fuels shall be determined as specified by ASTM D5504-12 Standard Test Method for Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and Chemiluminescence, as approved and published in 2012, as specified in section (36)

(29) The determination of the gross calorific value of coal and coke shall be determined as specified by ASTM D5865-13 Standard Test Method for Gross Calorific Value of Coal and Coke, as approved and published in 2013, as specified in section (36)

(30) The determination of total mercury in natural gas shall be determined as specified by ASTM D5954-98(2014)e1 Standard Test Method for Mercury Sampling and Measurement in Natural Gas by Atomic Absorption Spectroscopy, as approved and published in 2014, as specified in section (36) of this rule.

(31) The determination of individual volatile sulfur-containing compounds in gaseous fuels shall be determined as specified by ASTM D6228-10 Standard Practice for Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatographs and Flame Photometric Detection, as approved and published in 2010, as specified in section (36) of this rule.

(32) This test method shall be used to determine the total mercury concentration of a natural gas stream as specified by ASTM D6350-14 Standard Test Method for Mercury Sampling and Analysis in Natural Gas by Atomic Fluorescence Spectroscopy, as approved and published in 2010, as specified in section (36) of (33) The use of automated vapor pressure instruments to determine the vapor pressure exerted in vacuum by volatile, liquid petroleum products, hydrocarbons, and hydrocarbonoxygenate mixtures shall be determined as specified by ASTM D6378-10(2016) Standard Test Method for Determination of Vapor Pressure (VPX) of Petroleum Products, Hydrocarbons, and Hydrocarbon-Oxygenate Mixtures (Triple Expansion Method), as approved and published in 2016, as specified in section (36) of (34) The determination of elemental, oxidized, particle-bound, and total mercury emissions from coal-fired stationary sources shall be determined as specified by ASTM D6784-16 Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), as approved and published in 2016, as (35) The determination of the vapor pressure of pure liquids, the vapor pressure exerted by mixtures in a closed vessel at 40 ± 5% ullage, and the initial thermal decomposition temperature of pure and mixed liquids shall be determined as specified by ASTM D2879-10 Standard Test Method for Vapor Pressure- Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, as approved and published in 2010, as (36) All of the documents in sections (1) through (3) and (7) through (35) of this rule are published by the American Society for Testing and Materials (ASTM) and incorporated by reference in this rule. Copies can be obtained from ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. This rule does not incorporate any subsequent

Amended: Filed Jan. 5, 1988, effective April 28, 1988. Amended:

Filed Oct. 13, 2000, effective July 30, 2001. Amended: Filed July 6, 2005, effective Feb. 28, 2006. Amended: Filed Sept. 24, 2009, effective May 30, 2010. Amended: Filed March 18, 2013, effective Nov. 30, 2013. Amended: Filed March 14, 2014, effective Nov. 30, 2014. Amended: Filed April 13, 2018, effective Jan. 30, 2019.

**History**
- *AUTHORITY: section 643.050, RSMo 2016. Original rule filed Aug. 16, 1977, effective Feb. 11, 1978. Amended: Filed Sept. 14, 1978, effective April 12, 1979. Amended: Filed Dec. 10, 1979, effective April 11, 1980. Amended: Filed March 13, 1980, effective Sept. 12, 1980. Amended: Filed Feb. 14, 1984, effective July 12, 1984.*

##### **10 CSR 10-6.045** Open Burning Requirements {#sec-10-csr-10-6.045 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.045}

PURPOSE: This rule sets forth the conditions and restrictions for the open burning of refuse and combustible materials throughout Missouri. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, are the various citizen petitions concerning open burning received in 2005 and meeting minutes for 2005/2006 open burning workgroup meetings.

(1) Applicability. This rule applies to all open burning throughout the state of Missouri.

(2) Definitions.

(A) Air curtain incinerator—A device that operates by forcefully projecting a curtain of air across an open chamber or open pit in which combustion occurs.

(B) Household waste—Garbage, trash, and other discarded materials that are generated from residential activities in a household.

(C) Open burning—The burning of materials where the products of combustion are emitted into the open air without passing through a chimney or stack.

(D) Salvage Operation—Any business, trade, industry, or other activity conducted in whole or in part for the purpose of salvaging or reclaiming any product or material.

(E) Trade waste—Waste materials from any business, institution, or industry.

(F) Untreated wood—Wood that has not been chemically preserved, painted, stained, or composited. Untreated wood does not include plywood, particleboard, chipboard, and wood with other than minimal quantities of paint, coating, or finish.

(G) Vegetative waste—Tree trunks, tree limbs, tree trimmings, vegetation, and yard waste.

(H) Wood processing facility—A facility that uses logs or dimensional lumber to be cut and used in the manufacturing process.

(I) Definitions of certain terms specified in this rule, other (3) General Provisions. Open burning that causes or constitutes a public health hazard, a hazard to vehicular or air traffic, is composed of material listed in subsection (3)(A) of this rule, or violates any other rule or statute, is not allowed unless specified otherwise. A public health hazard is to be as determined by the local fire department, police department, health department, or other local authorities on a case-by-case

basis. The staff director reserves the right to prohibit or restrict open burning where burning is considered detrimental to air quality standards.

(A) The following materials must not be disposed of by open burning:

1. Petroleum-based materials, including but not limited to, tires, asphalt roofing material, carpet, and used oils;

2. Asbestos containing materials;

3. Trade waste, except untreated wood;

4. Construction or demolition waste, except untreated wood;

5. Salvage operation waste;

6. Household waste on or from properties with five (5) or more residential units, such as mobile home parks or multifamily dwellings;

7. Household waste originated from another’s property; or 8. Durable goods.

(B) The open burning of vegetative waste for the following activities must comply with the conditions in subsection (3)(E)

1. Commercial land clearing operations when the burning is located inside the city limits or less than two hundred (200) yards from the nearest occupied structure; and 2. Commercial and noncommercial collection operations where vegetative waste originates off-site. Collection operations that burn more than eighty (80) cubic yards of vegetative waste per week must use an Air Curtain Incinerator and— A. Meet the conditions of subsections (3)(F) and (3)(G) of B. Submit a construction notification, record opacity test C. Measure visible emissions as outlined in section (5)

(C) Wood processing facilities producing more than eight thousand (8,000) board feet per day or that are located less than one (1) mile outside the city limits of an incorporated area that open burn untreated wood waste must comply with the conditions in subsection (3)(E) of this rule. Wood processing facilities producing more than eight thousand (8,000) board feet per day that wish to burn more than eighty (80) cubic yards of untreated wood waste per week must use an Air Curtain Incinerator and— 1. Meet the conditions of subsections (3)(F) and (3)(G) of 2. Submit a construction notification, record opacity test 3. Measure visible emissions as outlined in section (5) of (D) The open burning of untreated wood waste generated from trade waste or construction and demolition waste must comply with the conditions in subsection (3)(E) of this rule. Any person who burns more than eighty (80) cubic yards of this untreated wood waste per week at a single location must use an Air Curtain Incinerator and— 1. Meet the conditions of subsections (3)(F) and (3)(G) of 2. Submit a construction notification, record opacity test 3. Measure visible emissions as outlined in section (5) of (E) Conditions for open burning of vegetative waste or untreated wood from activities described in subsections (3)(B), (3)(C), and (3)(D) of this rule:

1. Burning is to take place only between sunrise and sunset;

2. Burning is to occur at least two hundred (200) yards from the nearest structure not owned by the party conducting the burning, unless an Air Curtain Incinerator is used and— A. Waivers are obtained from the owner or occupant of the structure; or B. The local fire department provides approval in those circumstances where the distance cannot be maintained;

3. Burning is to be supervised at all times;

4. The local fire control or other authority with jurisdiction shall be notified of the burning activities prior to initiation;

5. An Air Curtain Incinerator shall be utilized in an ozone non-attainment area from April 15 to September 15; and 6. Burning is not allowed during an ozone alert day in an ozone non-attainment area or ozone maintenance area.

(F) Air curtain incinerator operation.

1. An air curtain incinerator operates by forcefully projecting a curtain of air across an open chamber or open pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor. (Air curtain incinerators are not to be confused with conventional combustion devices with enclosed fireboxes and controlled air technology such as mass burn, modular, and fluidized bed combustors.)

2. Owners and operators may only burn the following in their Air Curtain Incinerator:

A. One hundred percent (100%) wood waste;

B. One hundred percent (100%) clean lumber; and C. One hundred percent (100%) mixture of only wood waste, clean lumber, and/or yard waste.

3. Air curtain incinerator operation must take place at least fifty (50) yards from the nearest occupied structure not owned by the party that owns or operates the air curtain incinerator.

(G) Air curtain incinerators must meet the following emission limitations:

1. Maintain opacity to less than or equal to ten percent (10%) opacity (as determined by the average of three (3) one (1)-hour blocks consisting of ten (10) six (6)-minute average opacity values), except as described in paragraph (3)(G)2. of this rule; and 2. Maintain opacity to less than or equal to thirty five percent (35%) opacity (as determined by the average of three (3) one (1)-hour blocks consisting of ten (10) six (6)-minute average opacity values) during the startup period that is within the first thirty (30) minutes of operation.

(H) The open burning of certain trade wastes, such as explosive or hazardous material, is allowed only when it can be shown that a situation exists where open burning is in the best interest of the general public, or when it can be shown that open burning is the safest and most feasible method of disposal. Economic considerations are not to be the primary determinant of feasibility. Any person intending to engage in open burning of these trade wastes is to contact the Department of Natural Resources and receive written approval from the staff director. The person submitting the information is to verify that the proposed open burning has been approved by the fire control authority which has jurisdiction.

(I) The open burning of material associated with agricultural or forestry operations related to the growing or harvesting of crops is allowed with the following exception. In an ozone non-attainment area, if open burning for pest or weed control or crop production on existing cropland between April 15 and September 15, the person must notify the staff director in writing at least forty-eight (48) hours prior to commencement of burning. The department reserves the right to delay the burning on days when the ambient ozone level is forecasted to be high.

(4) Reporting and Record Keeping. Owners and operators of Air Curtain Incinerators must— (A) Prior to commencing construction of a stationary air curtain incinerator, submit a notification to the staff director with the following information:

1. Notification of the intent to construct and operate an air curtain incinerator;

2. The planned initial startup date; and 3. Types of materials that will be burned in the air curtain incinerator;

(B) Keep the notification required in subsection (4)(A) of this

rule, and records of results of all initial and annual opacity tests required in section (5) of this rule onsite in either paper copy or electronic format, unless the staff director approves another format, for at least five (5) years;

(C) Make all records available for submittal to the staff director or for an inspector’s onsite review; and (D) Submit the results of the initial opacity test required in

section (5) of this rule no later than sixty (60) days following the initial test. Owners and operators must submit the results of the annual opacity test required in section (5) of this rule within sixty (60) days of conducting the test. Submit annual opacity test results within twelve (12) months following the previous report. Copies of the initial and annual reports are to remain onsite for a period of five (5) years. The opacity testing must consist of a minimum of one (1) hour of opacity values, consisting of ten (10) six (6)-minute average opacity values.

Paper and electronic submittals are acceptable.

(5) Test Methods. Visible emissions from Air Curtain Incinerators shall be evaluated within sixty (60) days after the air curtain incinerator reaches the charge rate at which it will operate, but no later than one hundred eighty (180) days after its initial startup, and annually thereafter using Method 9 of Appendix A-4 to 40 CFR 60 as specified in 10 CSR 10-6.030(22).

**History**
- *AUTHORITY: section 643.050, RSMo 2016. Original rule filed June 7, 2007, effective Jan. 30, 2008. Amended: Filed Dec. 29, 2008, effective Sept. 30, 2009. Amended: Filed June 21, 2018, effective March 30, 2019.*

##### **10 CSR 10-6.050** Start-Up, Shutdown, and Malfunction Conditions {#sec-10-csr-10-6.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.050}

PURPOSE: This rule, applicable to all installations in Missouri, provides the owner or operator of an installation the opportunity to submit data regarding conditions which result in excess emissions. These submittals will be used by the director to determine whether the excess emissions were due to a start-up, shutdown or malfunction condition. These determinations will be used in deciding whether or not enforcement action is appropriate.

(1) Applicability. This regulation applies to all installations in the state of Missouri.

(2) Definitions.

(A) Excess emissions—The emissions which exceed the requirements of any applicable emission control regulation.

(B) Malfunction—A sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal and usual manner. Excess emissions caused by improper design is not a malfunction.

(C) Shutdown—The cessation of operation of any air pollution phasing out of process equipment.

(D) Start-up—The setting into operation of any air pollution phasing in of process equipment.

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

(3) General Provisions.

(A) In the event of a malfunction which results in excess emissions that exceeds one (1) hour, the owner or operator of such facility shall notify the Missouri Department of Natural Resources’ Air Pollution Control Program in the form of a written report submitted within two (2) business days. The written report shall include, at a minimum, the following:

1. Name and location of installation;

2. Name and telephone number of person responsible for the installation;

3. Name of the person who first discovered the malfunction and precise time and date that the malfunction was discovered;

4. Identity of the equipment causing the excess emissions;

5. Time and duration of the period of excess emissions;

6. Cause of the excess emissions;

7. Air pollutants involved;

8. Estimate of the magnitude of the excess emissions expressed in the units of the applicable requirement and the operating data and calculations used in estimating the magnitude;

9. Measures taken to mitigate the extent and duration of the excess emissions; and 10. Measures taken to remedy the situation which caused the excess emissions and the measures taken or planned to prevent the recurrence of these situations.

(B) The owner or operator shall notify the Missouri Department of Natural Resources’ Air Pollution Control Program at least ten (10) days prior to any maintenance, start-up, or shutdown activity, which is expected to cause an excess release of emissions that exceeds one (1) hour. If notification cannot be given ten (10) days prior to any maintenance, start-up, or shutdown activity, which is expected to cause an excess release of emissions that exceeds one (1) hour, notification shall be given as soon as practicable prior to the maintenance, start-up, or shutdown activity. If prior notification is not given for any maintenance, start-up, or shutdown activity which resulted in an excess release of emissions that exceeded one (1) hour, notification shall be given within two (2) business days of the release. In all cases, the notification shall be a written report and include, at a minimum, the following:

1. Name and location of installation;

2. Name and telephone number of person responsible for the installation;

3. Identity of the equipment involved in the maintenance, start-up, or shutdown activity;

4. Time and duration of the period of excess emissions;

5. Type of activity and the reason for the maintenance, start-up, or shutdown;

6. Type of air contaminant involved;

7. Estimate of the magnitude of the excess emissions expressed in the units of the applicable emission control

regulation and the operating data and calculations used in estimating the magnitude;

8. Measures taken to mitigate the extent and duration of the excess emissions; and 9. Measures taken to remedy the situation which caused the excess emissions and the measures taken or planned to prevent the recurrence of these situations.

(C) Upon receipt of a notice of excess emissions issued by the Missouri Department of Natural Resources or an agency holding a certificate of authority under section 643.140, RSMo, the source to which the notice is issued may provide information showing that the excess emissions were the consequence of a malfunction, start-up, or shutdown. Based upon any information submitted by the source operator and any other pertinent information available, the director or the commission shall make a determination whether the excess emissions constitute a malfunction, start-up, or shutdown and whether the nature, extent, and duration of the excess emissions warrant enforcement action under section 643.080 or 643.151, RSMo.

1. In determining whether enforcement action is warranted, the director or commission shall consider the following factors:

A. Whether the excess emissions during start-up, shutdown, or malfunction occurred as a result of safety, technological, or operating constraints of the control equipment, process equipment, or process;

B. Whether the air pollution control equipment, process equipment, or processes were, at all times, maintained and operated to the maximum extent practical, in a manner consistent with good practice for minimizing emissions;

C. Whether repairs were made as expeditiously as practicable when the operator knew or should have known when excess emissions were occurring;

D. Whether the amount and duration of the excess emissions were limited to the maximum extent practical during periods of this emission;

E. Whether all practical steps were taken to limit the impact of the excess emissions on the ambient air quality;

F. Whether all emission monitoring systems were kept in operation if at all possible;

G. Whether the owner or operator’s actions in response to the excess emissions were documented by properly signed, contemporaneous operating logs, or other relevant evidence;

H. Whether the excess emissions were not part of a recurring pattern indicative of inadequate design, operation, or maintenance; and I. Whether the owner or operator properly and promptly notified the appropriate regulatory authority.

2. The information provided by the source operator under subsection (3)(C) of this rule shall include, at a minimum, the A. Written notification per subsection (3)(A) of this

rule for malfunctions which resulted in excess emissions that exceeded one (1) hour; or B. Written notification per subsection (3)(B) of this

rule for maintenance, start-up, or shutdown activities which resulted in excess emissions that exceeded one (1) hour.

(D) Nothing in this rule shall be construed to limit the

(E) Compliance with this rule does not automatically absolve the owner or operator of such facility of liability for the excess emissions reported.

(4) Reporting and Record Keeping.

(A) The information specified in paragraph (3)(C)2. of this

rule shall be submitted to the director not later than fifteen (15) days after receipt of the notice of excess emissions. Information regarding the type and amount of emissions and time of the episode shall be recorded and kept on file. This data shall be included in emissions reported on any required Emissions Inventory Questionnaire.

(B) The information submitted according to subsections (3)

(A) and (3)(B) of this rule and paragraph (3)(C)2. of this rule shall be kept on file at the installation for a period of five (5) years. This data shall be included in emissions reported on any required Emissions Inventory Questionnaire. The information shall be available to the director upon request.

(5) Test Methods (Not Applicable)

March 15, 1979, effective Nov. 11, 1979. Amended: Filed April 2, 1987, effective Aug. 27, 1987. Amended: Filed June 15, 2001, effective Feb. 28, 2002. Amended: Filed Nov. 13, 2009, effective July 30, 2010.

Amended: Filed May 1, 2019, effective Jan. 30, 2020.

**History**
- *authority of the director or the commission to take appropriate action, under sections 643.080, 643.090, and 643.151, RSMo, to enforce the provisions of the Air Conservation Law and the corresponding rule.*

##### **10 CSR 10-6.060** Construction Permits Required {#sec-10-csr-10-6.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.060}

PURPOSE: This rule defines sources required to obtain permits to construct. It establishes requirements to be met prior to construction or modification of any sources; a procedure for the permitting authority to issue general permits; permit fees; and public notice requirements for certain permits.

(1) Applicability.

(A) Construction Permit Required. The owner or operator of a new or existing installation throughout Missouri that meets any of the following provisions must obtain a permit:

1. Before construction of a new installation that results in a potential to emit greater than de minimis threshold levels;

2. Before new construction and/or modification that results in an emission increase greater than the de minimis threshold levels at an existing installation with potential to emit less than de minimis threshold levels;

3. Before new construction and/or modification that results in an emission increase at an existing installation whose potential to emit exceeds de minimis threshold levels or is less than de minimis threshold levels due to taking practically enforceable requirements in a permit;

4. The new construction and/or modification is a major modification as defined— A. Under 40 CFR 52.21(b)(2), which is incorporated by reference in subsection (8)(A) of this rule, for pollutants in attainment and unclassified areas; or B. Under 40 CFR 51.165(a)(1)(v), which is incorporated by reference in paragraph (7)(A)2. of this rule, for pollutants in nonattainment areas; or 5. Before construction of an incinerator.

(B) Exempt Construction or Modification. No construction permit is necessary for construction or modification of installations when— 1. The entire construction or modification is exempt or excluded by 10 CSR 10-6.061;

2. Construction or modification is permitted under 10 CSR 10-6.062; or 3. Original construction or modification occurred prior to May 13, 1982. Any construction or modification that occurs after this date is not exempt.

(C) Construction and Operation Prohibited Prior to Permitting. Owners or operators shall obtain a permit from the permitting authority, except as allowed under subsection (1)(D) of this rule, prior to any of the following activities:

1. The beginning of actual construction or modification of any installation subject to this rule;

2. Operation after construction or modification; or 3. Operation of any emission unit that has been permanently shutdown.

(D) Construction Allowed Prior to Permitting. A Pre-Construction Waiver may be obtained with authorization of the director by sources not subject to review under section (7), (8), or (9) of this rule, or sources seeking federally enforceable permit restrictions to avoid review under section (7), (8), or (9)

1. A complete request for authorization includes— A. A signed waiver of any state liability;

B. A complete list of the activities to be undertaken; and C. The applicant’s full acceptance and knowledge of all liability associated with the possibility of denial of the permit application.

2. A request will not be granted unless an application for permit approval under this rule has been filed or if the start of actual construction has occurred.

(2) Definitions.

(A) Definitions of general terms used in this rule, other than those defined elsewhere in this section, may be found in 10 (B) Definitions of certain terms used in this rule may be found in paragraph (b) of 40 CFR 52.21, which is incorporated by reference in subsection (8)(A) of this rule, except that any provisions of 40 CFR 52.21(b) that are stayed shall not apply.

(C) Adverse impact on visibility—The visibility impairment which interferes with the protection, preservation, management, or enjoyment of the visitor’s visual experience of a Class I area, which is an area designated as Class I in paragraph (5)

(F)5. Table 2. of this rule. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time of visibility impairments and how these factors correlate with the times of visitor use of the Class I area and the frequency and timing of natural conditions that reduce visibility.

(D) Affected states—All states contiguous to the permitting modification, or permit renewal, or is within fifty (50) miles of a source subject to permitting under Title V of the Clean Air Act (CAA).

(E) Alternate site analysis—An analysis of alternative sites, sizes, production processes, and environmental control techniques for the proposed source that demonstrates that benefits of the proposed installation significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.

(F) Ambient air increments—The limited increases of pollutant concentrations in ambient air over the baseline concentration.

(G) Baseline area—The continuous area in which the source constructs, as well as those portions of the intrastate area which are not part of a nonattainment area, and which would receive an air quality impact equal to or greater than one microgram ) annual average (established by modeling) for each pollutant for which an installation receives a permit under section (8) of this rule and for which increments have been established in subsection (11)(A) of this rule. Each of these areas are references to the standard United States Geological Survey (USGS) County-Township-Range-Section system. The smallest unit of area for which a baseline date will be set is one (1) section (one (1) square mile).

(H) Baseline concentration—That ambient concentration level which exists at locations of anticipated maximum air quality impact or increment consumption within a baseline area at the time of the applicable baseline date, minus any contribution from installations, modifications, and major modifications subject to section (8) of this rule or subject to 40 CFR 52.21 on which construction commenced on or after January 6, 1975, for sulfur dioxide and particulate matter, and February 8, 1988, for nitrogen dioxide. The baseline concentration shall include contributions from— 1. The actual emissions of other installations in existence on the applicable baseline date; and 2. The potential emissions of installations and major modifications which commenced construction before January 6, 1975, but were not in operation by the applicable baseline date.

(I) Baseline date—The date, for each baseline area, of the first complete application after August 7, 1977, for sulfur dioxide and particulate matter, and February 8, 1988, for nitrogen dioxide for a permit to construct and operate an installation subject to section (8) of this rule or subject to 40 CFR 52.21.

(J) Best available control technology (BACT)—An emission limitation (including a visible emission limit) based on the maximum degree of reduction for each pollutant which would be emitted from any proposed installation or major modification which the director on a case-by-case basis, taking into account energy, environmental and economic impacts, and other costs, determines is achievable for the installation or major modification through application of production processes or available methods, systems, and fuel combustion techniques for control of the pollutant. In no event shall application of BACT result in emissions of any pollutant which would exceed the emissions allowed by any applicable emissions control regulation, including New Source Performance Standards established in 10 CSR 10-6.070 and 40 CFR 60 and National Emissions Standards for Hazardous Air Pollutants established in 10 CSR 10-6.080 and 40 CFR 61.

If the director determines that technological or economic limitations on the application of measurement methodology to a particular source operation would make the imposition of an emission limitation infeasible, a design, equipment, work practice, operational standard, or combination of these may be prescribed instead to require the application of BACT. This standard, to the degree possible, shall set forth the emission reduction achievable by implementation of the design, equipment, work practice, or operation and shall provide for compliance by means which achieve equivalent results.

(K) Commence operation—Initially set into operation air (L) Control device—Any equipment that reduces the quantity of a pollutant that is emitted to the air. The device may destroy or secure the pollutant for subsequent recovery. Includes but is not limited to incinerators, carbon adsorbers, and condensers.

(M) Control device efficiency—The ratio of the pollution released by a control device and the pollution introduced to the control device, expressed as a fraction.

(N) Draft permit—The version of a permit for which the (O) Emission(s)—The release or discharge, whether directly contaminants listed in subsection (3)(A) of 10 CSR 10-6.020.

(P) Emission increase—The sum of post-project potential to emit minus the pre-project potential to emit for each new and modified emission unit. Decreases and netting are not to be included in the emission increase calculations.

(Q) Excessive concentration— 1. For installations seeking credit for reduced ambient pollutant concentrations from stack height exceeding that defined in subsection (2)(S) of this rule, an excessive concentration is a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which are at least forty percent (40%) in excess of the maximum concentration experienced in the absence of the downwash, wakes, or eddy effects, and that contributes to a total concentration due to emissions from all installations that is greater than an ambient air quality standard. For installations subject to the prevention of significant deterioration program as set forth in section (8) of this rule, an excessive concentration means a maximum ground-level concentration due to emissions from a stack due to the same conditions as mentioned previously and is greater than a prevention of significant deterioration increment. The allowable emission rate to be used in making demonstrations under this definition shall be prescribed by the new source performance regulation as referenced by 10 CSR 10-6.070 for the source category unless the owner or operator demonstrates that this emission rate is infeasible. Where demonstrations are approved by the director, an alternative emission rate shall be established in consultation with the source owner or operator;

2. For installations seeking credit after October 11, 1983, for increases in stack heights up to the heights established under subsection (2)(S) of this rule, an excessive concentration is either— A. A maximum ground-level concentration due in whole or part to downwash, wakes, or eddy effects as provided in 10 CSR 10-6.020(2)(E)20.A., except that the emission rate used shall be the applicable emission limitation (or, in the absence of this limit, the actual emission rate); or B. The actual presence of a local nuisance caused by the stack, as determined by the director; and 3. For installations seeking credit after January 12, 1979, for a stack height determined under subsection (2)(S) of this

rule where the director requires the use of a field study of fluid model to verify good engineering practice stack height, for installations seeking stack height credit after November 9, 1984, based on the aerodynamic influence of cooling towers, and for installations seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not represented adequately by the equations in subsection (2)(S) of this rule, a maximum ground-level concentration due in whole or part to downwash, wakes, or eddy effects that is at least forty percent (40%) in excess of the maximum concentration experienced in the absence of downwash, wakes, or eddy effects.

(R) Final permit—The version of a construction permit issued procedures.

(S) Good engineering practice (GEP) stack height—The greater of— 1. Sixty-five meters (65 m) measured from the ground-level 2. For stacks on which construction commenced on or before January 12, 1979, and for which the owner or operator had obtained all applicable permits or approvals required under 40 CFR 51 and 52, Hg = 2.5H provided the owner or operator produces evidence that this equation was actually relied on in establishing an emission limitation; and for all other stacks, Hg = H + 1.5L Hg = GEP stack height, measured from the ground-level H = height of nearby structure(s) measured from the groundlevel elevation at the base of the stack; and L = lesser dimension, height, or projected width of the nearby structure(s). Provided that the director may require the use of a field study or fluid model to verify GEP stack height for the installation; or 3. The height demonstrated by a fluid model or field study approved by the director, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures, or nearby terrain features.

(T) Incinerator—Any article, machine, equipment, contrivance, structure, or part of a structure used to burn refuse or to process refuse material by burning other than by open burning.

(U) Lowest achievable emission rate (LAER)—That rate of emissions which reflects— 1. The most stringent emission limitation which is contained in any state implementation plan for a class or category of source, unless the owner or operator of the proposed source demonstrates that the limitations are not achievable; or 2. The most stringent emission limitation which is achieved in practice by the class or category of source, whichever is more stringent. LAER shall not be less stringent than the new source performance standard limit.

(V) Material safety data sheet (MSDS)—The chemical, physical, technical, and safety information document supplied by the manufacturer of the coating, solvent, or other chemical (W) Modification—Any physical change to, or change in method of operation of, a source operation or attendant air pollution control equipment which would cause an increase in potential emissions of any air pollutant emitted by the source operation.

(X) Nearby—Nearby, as used in the definition good engineering practice (GEP) stack height in subsection (2)(S) of this rule, is defined for a specific structure or terrain feature— 1. For purposes of applying the formula provided in subsection (2)(S) of this rule, nearby means that distance up to five (5) times the lesser of the height or the width dimension of a structure, but not greater than one-half (1/2) mile; and 2. For conducting fluid modeling or field study demonstrations under 10 CSR 10-6.020(2)(G)7.C., nearby means not greater than one-half (1/2) mile, except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to ten (10) times the maximum height of the feature, not to exceed two (2) miles if feature achieves a height one-half (1/2) mile from the stack that is at least forty percent (40%) of the GEP stack height determined by the formula provided in subsection (2)(S) of this rule, or twenty-six meters (26 m), whichever is greater, as measured from the ground-level elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground-level elevation at the base of the stack.

(Y) Net emissions increase—This term is defined in 40 CFR 52.21(b)(3), promulgated as of July 1, 2003, and hereby Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408.

(Z) Nonattainment pollutant—Each and every pollutant for which the location of the source is in an area designated to be in nonattainment of a National Ambient Air Quality Standard (NAAQS) under section 107(d)(1)(A)(i) of the CAA. Any constituent or precursor of a nonattainment pollutant shall be a nonattainment pollutant, provided that the constituent or precursor pollutant may only be regulated under this rule as

part of regulation of the corresponding NAAQS pollutant. Both volatile organic compounds (VOC) and nitrogen oxides (NO shall be nonattainment pollutants for a source located in an area designated nonattainment for ozone.

(AA) Offset—A decrease in actual emissions from a source a source operation or installation. The decrease must have substantially similar environmental and health effects on the impacted area. Any ratio of decrease to increase greater than one to one (1:1) constitutes offset. The exceptions to this are ozone nonattainment areas where VOC and NO emissions emissions according to the following schedule:

1. Marginal area = 1.1:1;

2. Moderate area = 1.15:1;

3. Serious area = 1.2:1;

4. Severe area = 1.3:1; and 5. Extreme area = 1.5:1.

(BB) Permanently shutdown—The permanent cessation of operation of any air pollution control equipment or process equipment, not to be placed back into service or have a start-up.

(CC) Pilot trials—A study, project, or experiment conducted in order to evaluate feasibility, time, cost, adverse events, and improve upon the design prior to performance on a larger scale.

(DD) Pollutant—An air contaminant listed in subsection (3)

(A) of 10 CSR 10-6.020.

(EE) Portable equipment—Any equipment that is designed and maintained to be movable, primarily for use in noncontinuous operations. Portable equipment includes rock crushers, asphaltic concrete plants, and concrete batching plants.

(FF) Portable equipment installation—An installation that consists solely of portable equipment and associated haul roads and storage piles. To be considered a portable equipment installation the following must apply:

1. The potential to emit of this installation is of less than two hundred fifty (250) tons per year of particulate matter (PM) and less than one hundred (100) tons per year of any other air pollutant, including PM , taking into account any federally enforceable conditions; and 2. Any equipment cannot operate at a location for more than twenty-four (24) consecutive months without an intervening relocation.

(GG) Refuse—Garbage, rubbish, trade wastes, leaves, salvageable material, agricultural wastes, or other wastes.

(HH) Regulated air pollutant—All air pollutants or precursors (II) Risk assessment levels (RALs)—Ambient concentrations of air toxics that are not expected to produce adverse cancer and non-cancer health effects during a defined period of exposure.

The RALs are based upon animal toxicity studies, human clinical studies, and human epidemiology studies that account for exposure to sensitive populations such as the elderly, pregnant women, children, and those having respiratory illness such as asthma.

(JJ) Screening model action levels (SMALs)—The emission threshold of an individual hazardous air pollutant (HAP) or HAP group that triggers the need for an air quality analysis of the individual HAP.

(KK) Shutdown—The cessation of operation of any air (LL) Shutdown, permanent—See permanently shutdown.

(MM) Start-up—The setting into operation of any air pollution phasing in of process equipment.

(NN) Temporary installation—An installation that operates (3) Application and Permit Procedures.

(A) Preapplication Meeting.

1. Prior to submittal of a permit application, the applicant may request a preapplication meeting with the permitting

2. A preapplication meeting is required thirty (30) days prior to application submittal of a section (7), (8), or (9) permit application.

(B) Permitting Authority’s Responsibilities Regarding the Permit Application.

1. The permitting authority provides a standard application package for permit applicants.

2. The permitting authority requires the following information in the standard application package and supplemental material:

A. The applicant’s company name and address (or plant name and address if different from the company name), the owner’s name and state registered agent, and the telephone number and name of the plant site manager or other contact person;

B. Site information including locational data, equipment layout, and plant layout;

C. A description of the installation’s processes and products and the four- (4-) digit Standard Industrial Classification Code; and D. The following emissions-related information:

(I) A description of the new construction or modification occurring at the installation;

(II) Identification and description of all emissions units with emissions that are being added or modified as a result of the construction or modification described in part (3)

(B)2.D.(I) of this rule;

(III) A description of all emissions of regulated air pollutants emitted from each emission unit identified in part (3)(B)2.D.(II) of this rule;

(IV) The potential to emit of each pollutant emitted per emission unit including, but not limited to, maximum hourly design rates, emission factors, or other information that enables the permitting authority to verify such rates, and in such terms as necessary to establish compliance with applicable regulations;

(V) Information necessary to determine or regulate emissions including, but not limited to, fuels, fuel use, raw materials, production rates, and operating schedules;

(VI) Identification and description of air pollution capture and control equipment with capture and control efficiencies and the pollutants that are being controlled for each respective capture and control device;

(VII) Identification and description of compliance monitoring devices or activities; and (VIII) Limitations on installation operations and work practice standards affecting emissions for all regulated air pollutants.

(C) Applicant Responsibilities Regarding the Permit Application.

1. The applicant shall submit the information specified in the application package for each emissions unit being constructed or modified.

2. Certification by a responsible official. Any application form or report submitted pursuant to this rule shall contain certification by a responsible official of truth, accuracy, and completeness. This certification, and any other certification, shall be signed by a responsible official and contain the following language: I certify, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

3. The applicant shall supply the following supplemental information in addition to the application:

A. Additional information, plans, specifications, drawings, evidence, documentation, and monitoring data that the permitting authority may require to verify applicability and complete review under this rule;

B. Other information required by any applicable requirement. Specific information may include, but is not limited to, items such as testing reports, vendor information, material safety data sheets, or information related to stack height limitations developed pursuant to section 123 of the CAA;

C. Calculations on which the information in parts (3)

(B)2.D.(I) through (3)(B)2.D.(VIII) of this rule are based;

D. Related information in sufficient detail necessary to establish compliance with the applicable standard reference test method, if any; and E. Ambient air quality modeling data, in accordance with section (5) or (8) of this rule, for all pollutants requiring modeling to determine the air quality impact of the construction or modification of the installation.

4. Confidential information. An applicant may submit information to the permitting authority under a claim of confidentiality pursuant to 10 CSR 10-6.210. The confidentiality request needs to be submitted with the initial application to ensure confidentiality.

5. Duty to supplement or correct application. Any applicant that fails to submit any relevant facts or submits incorrect information in a permit application, upon becoming aware of the failure or incorrect submittal, shall promptly submit supplementary facts or corrected information. In addition, an applicant shall provide additional information, as necessary, to address any requirements that become applicable to the installation after the date an application is deemed complete, but prior to the issuance of the construction permit.

6. Filing fees in accordance with 10 CSR 10-6.025(3).

(D) Completeness Review of Application. Review of applications for completeness includes the following:

1. The permitting authority will review each application for completeness and inform the applicant within thirty (30) days if the application is not complete. In order to be complete, an application must include a completed application package and the information required in subsection (3)(C) of this rule;

2. If the permitting authority does not notify the applicant that its application is not complete within thirty (30) days of receipt of the application, the application shall be deemed complete. However, nothing in this subsection prevents the permitting authority from requesting additional information that is necessary to process the application; and 3. The permitting authority maintains a checklist to be used for the completeness determination. A notice of incompleteness identifying the application’s deficiencies will be provided to the applicant.

(E) Conditions that the permitting authority can require in permit. The permitting authority may impose conditions in a permit necessary to accomplish the purposes of this rule, any applicable requirements, or the Air Conservation Law, Chapter 643, RSMo. Less stringent conditions shall not take the place of any applicable requirements. Such conditions may include— 1. Operating or work practice constraints to limit the maximum level of emissions;

2. Emission control device efficiency specifications to limit the maximum level of emissions;

3. Maximum level of emissions;

4. Emission testing after commencing operations, to be conducted by the owner or operator, as necessary to demonstrate compliance with applicable requirements or other permit conditions;

5. Instrumentation to monitor and record emission data;

6. Other sampling and testing facilities;

7. Data reporting;

8. Post-construction ambient monitoring and reporting;

9. Sampling ports of a suitable size, number, and location;

10. Safe access to each port.

(F) Following review of an application, the permitting

2. Contain GEP stack height demonstrations; or 3. Are subject to section (7), (8), or (9) of this rule.

(G) Final Permit Determination. Final determination will be made on the following schedules:

1. The permitting authority will make a final permit determination for permit applications processed under section (7), (8), or (9) of this rule no later than one hundred eighty-four (184) calendar days after receipt of a complete application, taking into account any additional time necessary for missing information;

2. The permitting authority will make a final permit determination for permit applications processed under section (4), (5), or (10) of this rule no later than ninety (90) calendar days after receipt of a complete application, taking into account any additional time necessary for missing information;

3. If, while processing an application that has been determined or deemed to be complete, the permitting

(H) Fees. Construction permit fees are listed in 10 CSR 10- 6.025(3).

1. All installations or source operations requiring permits under this rule must submit the application with a permit filing fee to the permitting authority. Failure to submit the permit filing fee constitutes an incomplete permit application according to subsection (3)(D) of this rule.

2. Upon receipt of an application for a permit or a permit amendment, a permit processing fee begins to accrue per hour of actual staff time. In lieu of the per-hour processing fee for relocation of portable plants subject to paragraph (4)(D)1. of this rule, a flat fee as specified in 10 CSR 10-6.025(3).

3. The permitting authority, upon request, will notify the applicant in writing if the permit processing fee approaches two thousand dollars ($2,000) and in two-thousand-dollar ($2,000) increments after that.

4. After making a final determination whether the permit should be approved, approved with conditions, or denied, the permitting authority will notify the applicant in writing of the final determination and the total permit processing fees due.

The amount of the fee will be determined in accordance with 10 CSR 10-6.025(3).

5. The applicant shall submit fees for the processing of the permit application within ninety (90) calendar days of the final review determination, whether the permit is approved, denied, withdrawn, or not needed. After the ninety (90) calendar days, the unpaid processing fees will have interest imposed upon the unpaid amount at the rate of ten percent (10%) per annum from the date of billing until payment is made. Failure to submit the processing fees after the ninety (90) calendar days will result in the permit being denied (revoked for portable installation location amendments) and the rejection of any future permit applications by the same applicant until the processing fee plus interest has been paid.

6. Partially processed permits that are withdrawn after submittal are charged at the same processing fee rate in 10 CSR 10-6.025(3) for the time spent processing the application.

7. The applicant shall pay for any publication of notice required and pay for the original and one (1) copy of the transcript, to be filed with the permitting authority, for any hearing required under this rule. No permit is issued until all publication and transcript costs have been paid.

8. The commission may reduce the permit processing fee or exempt any person from payment of the fee upon an appeal filed with the commission stating and documenting that the fee will create an unreasonable economic hardship upon the person.

9. No later than three (3) business days after receipt of the whole amount of the fee due, the permitting authority will send the applicant a notice of payment received. The permit will also be issued at this time, provided the final determination was for approval and the permit processing fee was timely received.

(I) Final Permit Issuance. Any installation subject to this rule will be issued a permit and be in effect if all of the following conditions are met:

1. Information is submitted to the permitting authority which is sufficient for the permitting authority to verify the annual emission rate and to verify that no applicable emission control rules will be violated;

2. No applicable requirements of the Air Conservation Law are violated;

3. The installation does not cause an adverse impact on visibility in any Class I area;

4. The installation will not interfere with the attainment or maintenance of NAAQS and the air quality standards established in 10 CSR 10-6.010;

5. The installation will not cause or contribute to ambient air concentrations in excess of any applicable maximum allowable increase listed in paragraph (5)(F)5. Table 2 of this

rule, or be over the baseline concentration in any attainment or unclassified area;

6. The installation will not exceed the RALs required for all pollutants that exceed the SMALs; and 7. All permit fees are paid.

(J) After a permit has been granted— 1. The owner or operator subject to the provisions of this

rule must furnish the permitting authority written notification of the actual date of initial start-up of a source operation or installation within fifteen (15) days of that date.

2. A permit will become invalid if— A. Construction or modification work is not commenced within two (2) years for permits issued under section (4), (5), (6) or (10) from the date of issuance;

B. Construction or modification work is not commenced within eighteen (18) months from the date of issuance for permits issued under section (7), (8), or (9); or C. Work is suspended for more than eighteen (18) months for any type of permit, and if— (I) The delay was reasonably foreseeable by the owner or operator at the time the permit was issued;

(II) The delay was not due to an act of God or other conditions beyond the control of the owner or operator; or (III) Failure to consider the permit invalid would be unfair to other potential applicants;

D. Exception: An installation may request an extension request for starting construction related to a permit. The extension request must be submitted to the permitting

3. Any owner or operator who constructs, modifies, or operates an installation not in accordance with the application submitted and the permit issued, including any terms and conditions made a part of the permit, is in violation of this

rule; and 4. Approval to construct does not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the Air Conservation Law and rules or any other requirements under local, state, or federal law.

(4) Portable Equipment Permits, Amendments, and Relocations.

(A) Applicability. This section of the rule applies to construction or modification occurring at a portable equipment installation as defined in section (2) of this rule.

(B) The review and issuance of each initial permit application will follow the procedures of section (3) and subsection (5)(D) of this rule, Modeling Required.

(C) The review of any modifications to the portable plant will follow the amendment procedures outlined in section (11) of (D) The relocation of a portable plant from a site will follow the procedures outlined below:

1. For permitted portable equipment operating at a different location not previously approved in a permit or an amendment— A. The owner or operator shall submit to the permitting

B. Each relocation request shall be accompanied with the relocation fees as described in 10 CSR 10-6.025(3); and C. The permitting authority shall make the final determination and, if appropriate, approve the relocation request no later than twenty-one (21) calendar days after receipt of the complete Portable Source Relocation Request; and 2. For permitted portable equipment operating at a location previously approved in a permit or an amendment, and conditions at the site have not changed (new sources approved to operate at the location)— A. When relocating portable equipment to a site that is listed on the permit or on the amended permit, the owner or operator shall report the move to the permitting authority on a Portable Source Relocation Request for authorization to operate in a new location as soon as possible, but not later than seven (7) calendar days prior to ground breaking or initial equipment erection;

B. No fees are associated with this authorization; and C. Authorization will be presumed if notification of denial is not received by the specified ground breaking or equipment erection date.

(E) The director may require an air quality analysis that is not required under subsection (5)(D) of this rule if it is likely that the emissions of the proposed construction or modification will affect air quality or the air quality standards listed in paragraphs (3)(I)3. through 6. of this rule or complaints filed in the vicinity.

(5) Minor Permits.

(A) Applicability. This section applies to the installations that need a permit under subsection (1)(A), but are not subject to— 1. Section (4), (7), (8), (9), or (10) of this rule; and 2. Do not request coverage under section (6) of this rule.

(B) The submittal and review of each permit application and issuance of each permit will follow the procedures of section (3) of this rule and, when applicable, subsection (12)(A), Appendix A of this rule.

(C) In order to eliminate the necessity for a large number of de minimis permit applications from a single installation, a special case de minimis permit may be developed for those batch-type production processes that frequently change products and component source operations. Operating in violation of the conditions of a special case de minimis permit is a violation of this rule.

(D) Modeling Required. Any construction or modification, which has an emissions increase greater than de minimis threshold levels or the HAP is greater than the SMALs taking into account any federally enforceable conditions shall complete an air quality analysis for the affected pollutant in accordance with subsection (5)(F) of this rule. At minimum, the installation will demonstrate that the proposed construction or modification will not— 1. Interfere with the attainment or maintenance of NAAQS and the air quality standards established in 10 CSR 10-6.010; or 2. Cause or contribute to an exceedance of the RALs for all pollutants that exceed the SMALs.

(E) Exception: Notwithstanding the modeling required in subsection (5)(D) of this rule, the director may require additional air quality analysis if— 1. It is likely that the emissions of the proposed construction or modification will affect air quality or the air quality standards listed in paragraphs (3)(I)3. through 6. of this rule;

2. It is likely that the construction or modification will result in the discharge of HAPs in quantities, of characteristics, and of a duration that directly and proximately cause or contribute to injury to human, plant, or animal life or the use of property; or 3. Complaints filed in the vicinity of the proposed construction or modification warrant an air quality analysis.

(F) Air Quality Analysis.

1. All estimates of ambient concentrations required under this subsection are based on applicable air quality models, databases, and other requirements specified in the U.S. Environmental Protection Agency’s (EPA) Guideline on Air Quality Models at Appendix W of 40 CFR 51.

2. The air quality analysis demonstration required in subsection (5)(D) of this rule or required by the director in subsection (5)(E) of this rule is deemed to have been made if the emissions increase from the proposed construction or modification alone would cause, in all areas, air quality impacts less than the amounts listed in Table 1 in paragraph (5)(F)3. of this rule.

3. Table 1—Significant Levels for Air Quality Impact in Class II Areas.

Permit Application Type

Rule Section Reference Filing Fee Processing Fee Portable Source Relocation Request (4) $300 ---- Minor (5) $250 $75/hr General Permit (6) $700 ---- New Source Review (NSR)

(7) $5,000 $75/hr Prevention of Significant Deterioration (PSD)

(8) $5,000 $75/hr HAP (9) $5,000 $75/hr Initial Plantwide Applicability Limit (PAL)

(7) or (8) $5,000 $75/hr Renewal PAL (7) or (8) $2,500 $75/hr Temporary/Pilot (10) $250 $75/hr Permit Amendment (11) ---- $75/hr Pollutant Averaging Time Annual 24-hour 8-hour 3-hour 1-hour 1.0 5 25 7.9 0.2 1.2 1.0 7.5 CO 500 2000 Individual HAP Significant Impact Levels are equal to four (4) percent of the respective RALs listed in the table referenced in subparagraph (5)(F)6.A. of this rule.

Note: All impacts in micrograms per cubic meter.

4. In the event the director requires modeling under sub-

section (5)(E) of this rule, ambient air concentration increases shall be limited to the applicable maximum allowable increase listed in Table 2 over the baseline concentration in any attainment or unclassified area. Table 2 is located in paragraph (5)

(F)5. of this rule.

5. Table 2—Ambient Air Increment Table.

Maximum Allowable Pollutant Increase Class I Areas Annual arithmetic mean 1 24-hour maximum 2 Annual arithmetic mean 4 24-hour maximum 8 Annual arithmetic mean 2 24-hour maximum 5 3-hour maximum 25 Annual arithmetic mean 2.5 Class II Areas Annual arithmetic mean 4 24-hour maximum 9 Annual arithmetic mean 17 24-hour maximum 30 Annual arithmetic mean 20 24-hour maximum 91 3-hour maximum 512 Annual arithmetic mean 25 Class III Areas Annual arithmetic mean 8 24-hour maximum 18 Annual arithmetic mean 34 24-hour maximum 60 Annual arithmetic mean 40 24-hour maximum 182 3-hour maximum 700 Annual arithmetic mean 50 Notes:

1. All increases in micrograms per cubic meter. For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one (1) period once per year at any one (1) location.

2. There are two (2) Class I Areas in Missouri–one (1) in Taney County (Hercules Glade) and one (1) in Wayne and Stoddard Counties (Mingo Refuge).

3. There are no Class III Areas in Missouri at this time.

6. HAPs table and public review.

A. The director shall maintain a table of RALs and SMALs for HAPs.

B. Public review. The permitting authority will make available for public review any changes to RALs or SMALs of any HAP in accordance with the following procedures:

(I) The permitting authority issues a draft proposal for use of alternate RALs or SMALs and any supporting information relied upon for the proposed changes by publishing a notice on the permitting authority’s website;

(II) Any interested person may submit relevant information materials and views to the permitting authority, in writing, until the thirtieth day after the date of publication of the notice. The comment period may be extended by thirty (30) calendar days if a written request is received within twentyfive (25) calendar days of the original notice;

(III) The permitting authority considers all written comments submitted within the time specified in the public notice in making the final decision on the approvability of the values subject to change;

(IV) The permitting authority makes a final determination on whether to approve, approve with changes, or deny the changes;

(V) Any changes made to the proposed values as a result of public comments will go through public notice again following the procedures outlined in parts (5)(F)6.B.(I) through (V) of this rule;

(VI) Final decisions and response to comments will be made available to the public on the permitting authority’s website; and (VII) The values become effective on the date of final publication. The permitting authority shall finalize the values within thirty (30) days from the end of the public comment period.

7. Special considerations for stack heights and dispersion techniques.

A. The degree of emission limitation necessary for control of any air pollutant under this rule is not affected in any manner by— (I) That amount of the stack height of any installation exceeding GEP stack height; or (II) Any other dispersion technique.

B. Paragraph (5)(F)7. of this rule does not apply to stack heights on which construction commenced on or before December 31, 1970, or to dispersion techniques implemented on or before December 31, 1970.

C. Before the permitting authority issues a permit under this rule based on stack heights that exceed GEP, the permitting authority must notify the public of the availability of the demonstration study and provide opportunity for a public hearing.

D. This paragraph does not require that actual stack height or the use of any dispersion technique be restricted in any manner.

(6) General Construction Permit.

(A) General Construction Permit Requirements. The permitting authority may issue a general construction permit in accordance with the following:

1. The general construction permit may be written to cover a category of a single emission unit, the same type of emission units, or an entire minor source if the sources in the category meet all of the following criteria:

A. Are similar in nature. Similar in nature refers to the facility size, processes, and operating conditions;

B. Have substantially similar emissions; and C. Would be subject to the same or substantially similar reporting, or recordkeeping;

2. The following analyses will be completed by the permitting authority in drafting the general construction permit:

A. A technical review of the source category is completed by the permitting authority to determine the appropriate level of control, if any, as well as any emission or operational limitations for the affected emission units at the source as necessary to assure that ambient air quality is maintained; and B. The permitting authority’s analysis of the effect of the construction of the minor source or modification under the general permit on ambient air quality; and 3. The general permit must contain at minimum the following elements:

A. Identification of the specific category of emission units or sources to which the general permit applies, including any criteria that the emission units or source must meet to be eligible for coverage under the general permit;

B. The emission units subject to the permit and their associated emission limitations;

C. Monitoring, recordkeeping, reporting, and testing requirements to assure compliance with the emission limitations;

D. The effective date of the general permit;

E. Any additional general permit terms and conditions as deemed necessary to assure that ambient air quality is maintained; and F. Provisions that would prohibit the facility from violating any other applicable state or federal rule.

(B) Public Participation Requirements.

1. Before issuing a general construction permit, the permitting authority must provide a thirty- (30-) calendar-day period for the public to review the general construction permit and the materials relied upon for its development. The permitting authority will solicit comments on the draft general construction permit by electronically publishing a notice on the department’s website and sending a copy of the notice to the administrator.

2. The public notice will contain the following:

A. A description of the general construction permit and the category of emission units it is expected to cover;

B. The locations available for public inspection of the materials listed in paragraph (6)(B)4. of this rule. The locations at minimum shall include the Air Pollution Control Program’s central office and a posting on the department’s website; and C. The procedures for submitting comments as stated in paragraph (6)(B)3. of this rule.

3. Public comment: Any interested person may submit relevant information materials and views to the permitting

4. The following materials will be made available for public inspection during the entire public notice period: the draft general permit for each source category and the documents listed in paragraph (6)(A)2. of this rule. This will not include any confidential information as defined in 10 CSR 10-6.210.

(C) Amending the General Construction Permit. General construction permits may be modified after the general construction permit is issued. In the event that the permitting

(D) Reevaluation of the analyses conducted under paragraph (6)(A)2. of this rule will be conducted by the permitting authority for each general construction permit issued by the permitting

(E) The director will make available to the applicants the following material for each general construction permit developed by the permitting authority:

1. A request for coverage form that the applicant must provide to the permitting authority to demonstrate that the new construction or modification is eligible for coverage under the general construction permit; and 2. A list of any additional information deemed necessary by the permitting authority to determine eligibility for coverage.

(F) Obtaining Coverage Under a General Construction Permit.

1. If a source qualifies for a general construction permit, the owner or operator may request coverage under that permit to the permitting authority on the effective date of the permit. The effective date of each permit will be posted on the department’s website.

2. A source that seeks to vary from the general construction permit, and obtain an emission limitation, control, or other requirement not contained in that permit shall apply for a permit pursuant to other sections of this rule.

3. The permitting authority must make a request for any additional information necessary to process the coverage request within ten (10) days of receipt of application.

4. The permitting authority must approve or disapprove the request for coverage under the general construction permit within thirty (30) days of receipt of the coverage request. The permitting authority shall outline the reasons for disapproval within the thirty- (30-) day review period.

5. If the permitting authority makes a request for more information, the additional time needed by the applicant to submit the information is not taken into account in the thirty (30) days the permitting authority has to process the coverage request. If the permitting authority fails to notify the applicant within the thirty- (30-) day period, coverage under the general construction permit is considered to be granted.

6. If the permitting authority determines that the request for coverage meets all of the requirements of the general construction permit, the permitting authority will issue notification of approval.

7. If request for coverage under a general construction permit is approved— A. The facility must retain a copy of the notification granting such request at the site where the source is located;

B. The facility must comply with all conditions and terms of the general construction permit.

(G) The director may revoke authorization of coverage under the general construction permit and require the facility to apply for and obtain an individual construction permit. Cases where an individual construction permit may be required include, but are not limited to, the following:

1. The facility is not in compliance with the conditions of the general construction permit;

2. The emission units covered under the general construction permit are part of a larger construction or modification that includes units not covered under the general construction permit; or 3. The owner or operator does not start actual construction within two (2) years of being granted coverage under the general permit.

(H) Any owner or operator authorized by a general construction permit may request to be excluded from the coverage of the permit by applying for an individual permit. When an individual permit is issued to an owner or operator otherwise subject to a general construction permit, the applicability of the general construction permit for the emission units covered under the general construction permit is terminated automatically on the effective date of the individual permit.

(I) The department must maintain and make available upon request the supporting documents used to create the general construction permit and any other material provided during the public notice period required under subsection (6)(B) of (J) Final Agency Action. Issuance of a general construction permit is considered final agency action with respect to all aspects of the permit except its applicability to an individual source. The sole issue that may be appealed after an individual source is approved to construct under a general construction permit is the applicability of the permit to that particular (7) Nonattainment Area Major Permits.

(A) Definitions. Solely for the purposes of this section, the following definitions apply to terms in place of definitions for which the term is defined elsewhere, including the reference to 40 CFR 52.21 in paragraph (7)(B)6. of this rule:

1. Chemical process plant—These plants include ethanol production facilities that produce ethanol by natural fermentation included in North American Industry Classification System codes 325193 or 312140; and 2. The following terms defined under paragraphs (a)(1)(iv) through (vi) and (x) of 40 CFR 51.165 promulgated as of July 1, 2023, are hereby incorporated by reference in this section of this rule, except as stated in subparagraph (7)(A)2.D. of this

rule, as published by the Office of the Federal Register. Copies can be obtained from the U.S. Government Publishing Office at https://bookstore.gpo.gov/ or for mail orders, print and fill out an order form online and mail to U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This rule does not incorporate any subsequent amendments or additions:

A. Major stationary source;

B. Major modification, except that any incorporated provisions that are stayed shall not apply. The term major, as used in this definition, means major for the nonattainment pollutant;

C. Net emissions increase; and D. Significant, except that paragraphs 40 CFR 51.165(a)(1)

(x)(B) and (C) are replaced by the definitions of “significant” in paragraphs (7)(I)1. and (7)(I)2. of this rule.

(B) Applicability Procedures. The following provisions of this subsection are used to determine, prior to beginning actual construction, if a project is a new major stationary source or a major modification at an existing stationary source:

1. Except for sources with a PAL in compliance with subsection (7)(D) of this rule, and in accordance with the definition of the term major modification contained in subparagraph (7)(A)2.B. of this rule, a project is a major modification if it causes two (2) types of emissions increases for the nonattainment pollutant—a significant emissions increase and a significant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase;

2. The emissions increase from the project is determined by taking the sum of the emissions increases from each emissions unit affected by the project. An emissions unit is considered to be affected by the project if an emissions increase from the unit would occur as a result of the project, regardless of whether a physical change or change in the method of operation will occur at the particular emissions unit;

3. For each existing emissions unit affected by the project, the emissions increase is determined by taking the difference between the projected actual emissions for the completed project and the baseline actual emissions. In accordance with the definition of the term projected actual emissions under 40 CFR 52.21 as incorporated by reference in subsection (8)(A) of this rule, the owner or operator of the major stationary source may elect to use the existing emission unit’s potential to emit in lieu of the projected actual emissions for this calculation;

4. For each new emissions unit affected by the project, the emissions increase is equal to the potential to emit;

5. The procedure for calculating the net emissions increase (the significance of which is the second criterion for determining if a project is a major modification) is contained in the definition of the term net emissions increase found in

section (2) of this rule; and 6. The provisions of subsection (7)(B) of this rule do not apply to a source or modification that would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification, and the source does not belong to one (1) of the source categories listed in items (i)(1)(vii)(a)–(aa) of 40 CFR 52.21, which is incorporated by reference in subsection (8)(A) of this rule.

(C) Permit Requirements. Permits to construct a new major stationary source for the nonattainment pollutants, or for a major modification to an existing major stationary source of nonattainment pollutants, must meet the following to be issued:

1. By the time the source is to commence operation, sufficient emissions offsets shall be obtained to ensure reasonable further progress toward attainment of the applicable NAAQS and consistent with the requirements of paragraphs (a)(3) and (a)(9) of 40 CFR 51.165 promulgated as of July 1, 2023, and hereby incorporated by reference in this section, as published by the Office of the Federal Register. Copies can be obtained from the U.S. Government Publishing Office at https://bookstore.gpo.

St. Louis, MO 63197-9000. This rule does not incorporate any subsequent amendments or additions;

2. In the case of a new or modified installation located in a zone (within the nonattainment area) identified by the administrator, in consultation with the Secretary of Housing and Urban Development, as a zone for which economic development should be targeted, emissions of that pollutant resulting from the proposed new or modified installation will not cause or contribute to emissions levels exceeding the allowance permitted for that pollutant for that zone from new or modified installations;

3. Offsets have been obtained in accordance with paragraph (7)(C)1. and with the banking procedures in 10 CSR 10-6.410;

4. The administrator has not determined that the state implementation plan is not being adequately implemented for the nonattainment area in which the proposed source is to be constructed or modified;

5. Temporary installation and portable sources are exempt from this section provided that the source applies best available control technology (BACT) for each pollutant emitted in a significant amount;

6. The applicant provides documentation establishing that all installations in Missouri that are owned or operated by the applicant (or by any entity controlling, controlled by, or under common control with the applicant) are subject to emission limitations and are in compliance, or are on a schedule for compliance, with all applicable requirements;

7. Permit applications include a control technology evaluation to demonstrate that any new major stationary source or major modification will meet the lowest achievable emission rate (LAER) for all new or modified emission units, unless otherwise provided in this section;

8. Any new major stationary source or major modification to be constructed in an area designated nonattainment complies with LAER as determined by the director and set forth in the construction permit pursuant to this section, except where otherwise provided in this section;

9. The applicant provides an alternate site analysis; and 10. The applicant provides an analysis of impairment to visibility in any Class I area (those designated in 40 CFR 52.21 as incorporated by reference in subsection (8)(A) of this rule) that would occur as a result of the installation or major modification and as a result of the general, commercial, residential, industrial, and other growth associated with the installation or major modification.

(D) Plantwide Applicability Limits (PALs). The provisions of subsection (aa) of 40 CFR 52.21, which is incorporated by reference in subsection (8)(A) of this rule, govern PALs of the nonattainment pollutant for projects at existing major stationary sources in an area designated nonattainment, except that— 1. The term Administrator means the director of the Missouri Department of Natural Resources’ Air Pollution Control Program;

2. The term BACT or LAER and the term BACT are both considered LAER for the nonattainment pollutant;

3. The term PSD program, as it appears in 40 CFR 52.21(aa)

(1)(ii)(b), and the term major NSR program, as it appears in 52.21(aa)(1)(ii)(c), are both nonattainment area permit programs of this section; and 4. The director shall not allow a PAL for VOC or NO for any existing major stationary source located in an extreme ozone nonattainment area.

(E) Reporting and Recordkeeping. This subsection applies to projects at existing major stationary sources, without a PAL, which are exempt from the permit requirements of subsection (7)(C) of this rule as a result of the applicability determination made in subsection (7)(B) of this rule. The owner or operator of such sources shall comply, in regards to the nonattainment pollutant, with the provisions of paragraph (r)(6) of 40 CFR 52.21, which is incorporated by reference in subsection (8)(A) of this rule, except that the term Administrator means the Pollution Control Program.

(F) Any construction or modification that will impact a federal Class I area is subject to the provisions of 40 CFR 52.21 as incorporated by reference in subsection (8)(A) of this rule.

(G) Before issuing a permit subject to this section, the permitting authority will issue a draft permit and related materials for public comment in accordance with the procedures for public participation as specified in subsection (12)(A), Appendix A of this rule.

(H) The director of the Missouri Department of Natural Resources’ Air Pollution Control Program shall transmit to the administrator of the EPA a copy of each permit application filed under section (7) of this rule and notify the administrator of each significant action taken on the application.

(I) In an area classified as serious or severe nonattainment for an Ozone National Ambient Air Quality Standard, the definition of “significant” as it appears in paragraphs 40 CFR 51.165(a)(1)(x)(B) and (C), regarding volatile organic compounds and nitrogen oxides, respectively, shall be replaced with the definitions of “significant” in paragraphs (7)(I)1. and (7)(I)2. of this rule, respectively.

1. Significant: Notwithstanding the significant emissions rate for ozone in 40 CFR 51.165(a)(1)(x)(A), significant means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of volatile organic compounds that would result from any physical change in, or change in the method of operation of, a major stationary source if such emissions increase of volatile organic compounds exceeds twenty-five (25) tons per year when aggregated with all other net increases in emissions from the source over any period of five (5) consecutive calendar years which includes the calendar year in which such increase occurred. The five (5) consecutive year period used to make this determination will start no earlier than the effective date of the serious classification or reclassification for the ozone nonattainment area in which the source is located. Notwithstanding the preceding sentence, if the nonattainment area is initially classified or reclassified as a severe ozone nonattainment area from any classification other than serious, the five (5) consecutive year period used to make this determination will start no earlier than the effective date of the severe classification or reclassification for the ozone nonattainment area in which the source is located.

2. Significant: Notwithstanding the significant emissions rate for ozone in 40 CFR 51.165(a)(1)(x)(A), significant means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of nitrogen oxides that would result from any physical change in, or change in the method of operation of, a major stationary source if such emissions increase of nitrogen oxides exceeds twenty-five (25) tons per year when aggregated with all other net increases in emissions from the source over any period of five (5) consecutive calendar years which includes the calendar year in which such increase occurred. The five (5) consecutive year period used to make this determination starts no earlier than the effective date of the serious classification or reclassification for the ozone nonattainment area in which the source is located. Notwithstanding the preceding sentence, if the nonattainment area is initially classified or reclassified as a severe ozone nonattainment area from any classification other than serious, the five (5) consecutive year period used to make this determination will start no earlier than the effective date of the severe classification or reclassification for the ozone nonattainment area in which the source is located.

(8) Attainment and Unclassified Area Major Permits.

(A) All of the subsections of 40 CFR 52.21, other than (a) Plan disapproval, (q) Public participation, (s) Environmental impact statements, and (u) Delegation of authority, promulgated as of July 1, 2023, are hereby incorporated by reference in this rule, as published by the Office of the Federal Register. Copies can be form online and mail to U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This rule does not incorporate any subsequent amendments or additions.

(B) Administrator as it appears in 40 CFR 52.21 means the Pollution Control Program except in the following, where it refers to the administrator of the EPA:

1. (b)(17) Federally enforceable;

2. (b)(37)(i) Repowering;

3. (b)(43) Prevention of Significant Deterioration (PSD) program;

4. (b)(48)(ii)(c);

5. (b)(50) Regulated NSR pollutant;

6. (b)(51) Reviewing authority;

7. (g) Redesignation;

8. (l) Air quality models;

9. (p)(2) Federal Land Manager; and 10. (t) Disputed permits or redesignations.

(C) Before issuing a permit subject to this section, the permitting authority will issue a draft permit and related materials for public comment in accordance with the procedures for public participation as specified in subsection (12)(A), Appendix A of this rule.

(D) The director of the Missouri Department of Natural Resources’ Air Pollution Control Program shall transmit to the administrator of the EPA a copy of each permit application filed under section (8) of this rule and notify the administrator of each significant action taken on the application.

(E) Applicants must obtain emission reductions, obtained through binding agreement prior to commencing operations and subject to 10 CSR 10-6.410, equal to and of a comparable air quality impact to the new or increased emissions in the following circumstances when the— 1. Area has no increment available; or 2. Proposal will consume more increment than is available.

(9) Major Case-by-Case Hazardous Air Pollutant Permits. Caseby-case permits must meet the requirements of 40 CFR 63,

subpart B promulgated as of July 1, 2023, and hereby incorporated by reference in this rule, as published by the Office amendments or additions. Before issuing a permit subject to this section, the permitting authority will issue a draft permit and related materials for public comment in accordance with the procedures for public participation as specified in subsection (12)(A), Appendix A of this rule.

(10) Temporary Operations and Pilot Trials.

(A) A temporary permit shall be issued pursuant to this

section only if it is determined that the applicant meets the following criteria:

1. The duration of the temporary operation or pilot trial will be less than two (2) years;

2. The potential emissions from the construction or modification of an installation or source is less than one hundred (100) tons per year; and 3. The permitting authority receives the application for

(B) The pilot trials covered by this section do not include pilot trials used for any of the following:

1. The production of a product for sale, unless such sale is only incidental to the use of the pilot process or process equipment; or 2. The treatment or disposal of waste that is designated, by listing or specified characteristic, as hazardous under federal regulations or state rules.

(C) This section of this rule does not apply to facilities or sources whose main operations are— 1. Experimental in nature; or 2. Characterized by frequent product changes.

(D) The director may require an air quality analysis of the temporary operation or pilot trial if it is likely that the emissions of the proposed construction or modification will affect air quality or the air quality standards listed in paragraphs (3)(I)3. through 6. of this rule or complaints filed in the vicinity of the proposed construction or modification warrant an air quality analysis.

(11) Permit Amendments to Final Permits.

(A) No changes in the proposed installation or modification may be made that would change any information in a finalized permit, except in accordance with this section.

(B) If the requested change will result in increased emissions, air quality impact, or increment consumption, and is submitted after the final notice of permit processing fee due, a new permit application is required for the requested change.

(C) Applicants with changes shall submit in writing a request for permit amendment to the permitting authority.

(D) The amendment request, at minimum, shall include the 1. A detailed description of the proposed changes;

2. Any changes to the emission calculations;

3. Any new requirements that will apply if the change occurs;

4. A list of permit terms and conditions that differ from those in the previous permit or application; and 5. Any other information under section (3) of this rule required by the permitting authority.

(E) Administrative Amendments.

1. For the purposes of this section, administrative amendments are those requested changes meeting any of the following criteria:

A. Correction to typographical errors;

B. Addition of or changes to the language for the sole

purpose of clarification of permit language; or C. Changes to frequency of monitoring, recordkeeping, or reporting.

2. The permitting authority will make a final determination for an administrative amendment request no later than thirty (30) calendar days after receipt of a written request, taking into account any additional time necessary for missing information or public notice, if applicable.

(F) Technical Amendments.

1. All other amendments involving changes to a permit will be considered technical amendments. Changes may include, but are not limited to, the following:

A. Any proposed change to an existing process or device resulting in any change in allowable hourly or annual B. Any proposed change to operating or emission limitations;

C. Any proposed change in the type of pollution control equipment specified in the existing permit; or D. Any proposed change resulting in the need to conduct a new air pollution modeling impact analysis.

2. The permitting authority will make a final determination for a technical amendment request in the same time frame as listed in subsection (3)(F) of this rule for the section that the permit was initially issued under, taking into account any additional time necessary for missing information. Amendments to permits issued under section (5) of this rule will be issued no later than ninety (90) calendar days after receipt of a written request and amendments to permits issued under

section (7), (8), or (9) of this rule will be issued no later than one hundred eighty-four (184) calendar days after written receipt of a request.

(G) Any new submittal is subject to all requirements of this (H) The applicant must submit the accrued permit processing fee from the original application to the permitting authority before the permitting authority will accept an amendment request.

(I) Amended permit fees are subject to the requirements of 10 CSR 10-6.025(3).

(12) Appendices.

(A) Appendix A, Public Participation.

1. This subsection shall apply to applications under sections (7), (8), and (9) of this rule, applications for source operations or installations emitting five (5) or more tons of lead per year, and applications containing GEP stack height demonstrations that exceed GEP.

2. For those applications subject to section (7), (8), or (9) of this rule, the permit issuance process timeline of one hundred eighty-four (184) days includes a forty- (40-) day public comment period with an opportunity for a public hearing and the period for the permitting authority’s response to comments that were submitted during the public comment period.

A. Draft for public comment and public hearing opportunity. The permitting authority shall issue a draft permit and solicit comments and requests for a public hearing by publishing a notice in a newspaper of general circulation within or nearest to the county in which the project is proposed to be constructed or operated. In lieu of the newspaper notice, the notice may be an electronic notice posted on the department’s website.

B. Public notice. The public notice shall include the (I) Name, address, phone number, and representative of the agency issuing the public notice;

(II) Name and address of the applicant;

(III) A description of the proposed project, including its location and permits applied for;

(IV) For permits issued pursuant to section (7), a description of the amount and location of emission reductions that will offset the emissions increase from the new or modified source; and include information on how LAER was determined for the project, when appropriate;

(V) For permits issued pursuant to section (8), the degree of increment consumption, when appropriate;

(VI) The permitting authority’s draft permit and a statement of permitting’s authority to approve, approve with conditions, or deny a permit;

(VII) A statement that the public may request a public hearing on the draft permit as stated in subparagraph (12)

(A)2.E. of this rule and that the public hearing will be canceled if a request is not received;

(VIII) A statement that any interested person may submit relevant information materials and views on the draft permit as stated in subparagraph (12)(A)2.F. of this rule; and (IX) The time and location of the public hearing if one is requested.

C. Materials made available during the public notice period. The following materials shall be made available for public inspection during the entire public notice period at the Department of Natural Resources regional office in the region in which the proposed installation or major modification would be constructed, as well as at the Air Pollution Control Program office:

(I) A copy of materials submitted by the applicant and used in making the draft permit;

(II) A copy of the draft permit; and (III) A copy or summary of other materials, if any, considered in making the draft permit.

D. Distribution of public notice. At the start of the public notice period, the permitting authority sends a copy of the public notice to the following:

(I) The applicant; and (II) To officials and agencies having cognizance over the location where the proposed construction would occur as (a) The administrator;

(b) Local air pollution control agencies;

(c) The chief executive of the city and county where the installation or modification would be located;

(d) Any comprehensive regional land use planning agency;

(e) Any state air program permitting authority;

(f) Any Federal Land Manager whose lands may be affected by emissions from the installation or modification;

(g) Any Indian Governing Body whose lands may be affected by emissions from the installation or modification.

E. Public hearing.

(I) A public hearing shall be scheduled not less than thirty (30) nor more than forty (40) days from the date of publication of the notice.

(II) The public hearing will be held by the department if a public hearing request is received within twenty-eight (28) days of the publication of the notice, otherwise the public hearing will be canceled.

(III) At the public hearing, any interested person may submit any relevant information, materials, and views in support of or opposed to the permit.

(IV) The public hearing shall be held in the county in which all or a major part of the proposed project is to be located.

(V) The permitting authority may designate another person to conduct any hearing under this section.

F. Public comment. Any interested person may submit relevant information materials and views to the permitting

G. Public comment and applicant response. The permitting authority shall consider all written comments submitted within the time specified in the public notice and all comments received at the public hearing, if one is held, in making a final decision on the approvability of the application.

No later than ten (10) days after the close of the public comment period, the applicant may submit a written response to any comments submitted by the public. The permitting authority shall consider the applicant’s response in making a final decision. The permitting authority shall make all comments available for public inspection in the same locations where the permitting authority made available prehearing information relating to the proposed installation or modification. Further, the permitting authority shall prepare a written response to all comments under the purview of the Air Pollution Control Program and make them available at the locations referred to previously.

H. Final permit. The permitting authority shall make the final permit available for public inspection at the same locations where the permitting authority made available prehearing information and public comments relating to the installation or modification. The permitting authority shall submit a copy of this final permit to the administrator.

I. Public notice exception. If the administrator has provided public notice and opportunity for public comment and hearing equivalent to that provided by this subsection, the permitting authority may make a final determination without providing public notice and opportunity for public comment and hearing required by this subsection.

3. This paragraph is for those applications not subject to section (7), (8), or (9) of this rule, but which propose an emission of five (5) or more tons of lead per year or applications containing GEP stack height demonstrations.

For these applications, completing the final determination within ninety (90) calendar days after receipt of the complete application involves performing the same public participation activities as those subject to section (7), (8), or (9) of this rule, but within shorter time frames. The following specifies the new time frames:

A. Public notice shall begin no later than forty-five (45) calendar days after receipt of a complete application;

B. The public comment period will last for thirty (30) calendar days, starting with the public notice;

C. Public hearing—The public hearing will be scheduled between days twenty-three (23) and thirty (30). The permitting

(B) Appendix B, Unified Review. When the construction or modification and operation of any installation requires a construction permit under this rule, and an operating permit or its amendment, under 10 CSR 10-6.065, the installation will receive a unified construction and operating permit, or its amendment, and a unified review, hearing, and approval process, unless the applicant requests in writing that the application for a construction and operating permit, or its amendment, be reviewed separately. Under this unified review process, the applicant shall submit all the applications, forms, and other information required by the permitting authority.

1. Review of applications. The permitting authority completes any unified review within one hundred eighty-four (184) calendar days, as provided under the procedures of this

rule and 10 CSR 10-6.065, Operating Permits Required.

2. Issuance of permits. As soon as the unified review process is completed, if the applicant complies with all applicable requirements under this rule and 10 CSR 10-6.065, the construction permit and the operating permit, or its amendment, is issued to the applicant and the applicant may commence construction. The permitting authority will retain the operating permit until validated pursuant to this section.

3. Validation of operating permits. Within one hundred eighty (180) calendar days after commencing operation, the holder of an operating permit, or its amendment, issued by the unified review process shall submit to the permitting

part 70 permit is subject.

4. Additional procedures needed for unified reviews of this rule’s section (4), (5), (6), (7), (8), (9), or (10) unified review construction permit applications and part 70 operating permit applications.

A. Permit review by the administrator and affected states.

(I) Administrator review.

(a) Copies of applications, proposals, and final actions. The applicant will provide two (2) copies of the information included in an application. The permitting

(b) Administrator’s objection. No permit shall be issued under this rule if the administrator objects to its issuance in writing within forty-five (45) days after receipt of the proposed permit and all necessary supporting information.

(c) Failure to respond to objection. If the permitting

(d) Public petitions for objection. If the administrator does not object to a proposed permit action, any person may petition the administrator to make such an objection within sixty (60) days after expiration of the administrator’s forty-five- (45-) day review period.

I. This petition may only be based on objections raised during the public review process, unless the petitioner demonstrates that it was impracticable to raise objection during the public review period (including when the grounds for objection arose after that period).

II. If the administrator responds to a petition filed under this section by issuing an objection, the permitting

(II) Affected state review.

(a) Notice of draft actions. The permitting authority will give notice of each draft permit to any affected state on or before the time that the permitting authority provides notice to the public. Affected states may comment on the draft permit action during the period allowed for public comment, as shall be set forth in a notice to affected states.

(b) Refusal to accept recommendations. If the permitting authority refuses to accept all recommendations for a proposed permit action that any affected state has submitted during the review period, the permitting authority shall notify the administrator and the affected state in writing of its reasons for not accepting those recommendations.

B. Proposals for review. Following the end of the public comment period, the permitting authority shall prepare and submit to the administrator a proposed permit.

(I) The proposed permit shall be issued no later than forty-five (45) days after the deadline for final action under this

section and shall contain all applicable requirements that have been promulgated and made applicable to the installation as of the date of issuance of the draft permit.

(II) If new requirements are promulgated or otherwise become newly applicable to the installation following the issuance of the draft permit, but before issuance of a final permit, the permitting authority may elect to either— (a) Extend or reopen the public comment period to solicit comments on additional draft permit provisions to implement the new requirements; or (b) If the permitting authority determines that this extension or reopening of the public comment period would delay issuance of the permit unduly, the permitting

C. Action following the administrator’s review.

(I) Upon receipt of notice that the administrator will not object to a proposed permit that has been submitted for the administrator’s review pursuant to this section, the permitting

(II) Forty-five (45) days after transmittal of a proposed permit for the administrator’s review, and if the administrator has not notified the permitting authority that s/he objects to the proposed permit action, the permitting authority shall promptly issue the permit, but in no event later than the fiftieth day following transmittal to the administrator.

(III) If the administrator objects to the proposed permit, the permitting authority shall consult with the administrator and the applicant, and shall submit a revised proposal to the administrator within ninety (90) calendar days after the date of the administrator’s objection. If the permitting authority does not revise the permit, the permitting authority will so inform the administrator within ninety (90) calendar days following the date of the objection and decline to make those revisions.

If the administrator disagrees with the permitting authority, the administrator may issue the permit with the revisions incorporated.

(C) Appendix C, Increment Tracking.

1. The permitting authority will track ambient air increment consumption within the baseline areas.

2. Available increments will be allocated on a first-come, first-serve basis. The marked received date of a complete application will be used by the permitting authority to determine which applicant is entitled to prior allocation of increments.

3. At the intervals of five (5) years from the minor source baseline date, the permitting authority shall determine the actual air quality increment available or consumed for each baseline area.

Original rule filed Dec. 10, 1979, effective April 11, 1980. Amended:

Filed Nov. 10, 1980, effective April 11, 1981. Amended: Filed Jan. 14, 1981, effective June 11, 1981. Rescinded and readopted: Filed Nov. 10, 1981, effective May 13, 1982. Amended: Filed June 14, 1982, effective Dec. 11, 1982. Amended: Filed Jan. 15, 1985, effective May 11, 1985. Amended: Filed Jan. 6, 1986, effective May 11, 1986.

Amended: Filed April 2, 1987, effective Aug. 27, 1987. Amended:

Filed Jan. 5, 1988, effective April 28, 1988. Amended: Filed June 2, 1988, effective Sept. 29, 1988. Amended: Filed Sept. 6, 1988, effective Jan. 1, 1989. Amended: Filed Jan. 24, 1990, effective May 24, 1990. Rescinded and readopted: Filed Sept. 2, 1993, effective May 9, 1994. Amended: Filed Dec. 15, 1994, effective Aug. 30, 1995.

Amended: Filed Aug. 14, 1997, effective April 30, 1998. Amended:

Filed April 15, 1999, effective Nov. 30, 1999. Amended: Filed Sept. 4, 2001, effective May 30, 2002. Amended: Filed Aug. 2, 2002, effective April 30, 2003. Amended: Filed March 5, 2003, effective Oct. 30, 2003. Amended: Filed May 17, 2004, effective Dec. 30, 2004.

Amended: Filed Oct. 15, 2008, effective July 30, 2009. Emergency amendment filed Dec. 15, 2010, effective Jan. 3, 2011, expired July 1, 2011. Amended: Filed Nov. 30, 2010, effective Aug. 30, 2011.

Amended: Filed Jan. 31, 2012, effective Sept. 30, 2012. Amended:

Filed March 13, 2013, effective Oct. 30, 2013. Amended: Filed Aug. 17, 2015, effective March 30, 2016. Amended: Filed June 29, 2018, effective March 30, 2019. Amended: Filed Aug. 26, 2019, effective May 30, 2020. ** Amended: Filed June 13, 2024, effective Feb. 28, 2025. Amended: Filed Nov. 13, 2025, effective July 30, 2026. *Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011, 2022, **Pursuant to Executive Order 21-07, 10 CSR 10-6.060, paragraph (3)(H)5. was suspended from April 19, 2021 through June 30, 2021.

**History**
- *authority to discuss the nature of and apparent requirements for the forthcoming permit application.*
- *authority will issue a draft permit for public comment in accordance with the procedures for public participation as specified in subsection (12)(A), Appendix (A) of this rule for all applications for sources that— 1. Emit five (5) or more tons of lead per year;*
- *authority determines that additional information is necessary to evaluate or to take final action on that application, the permitting authority may request this additional information in writing. In requesting this information, the permitting*
- *authority will establish a deadline for a response. The review period will be extended by the amount of time necessary to collect the required information; and 4. Time frames stated in this paragraph do not apply to permit amendments. Amendments to permits will follow the schedules outlined in section (11) of this rule.*
- *authority at a minimum of thirty (30) days prior to the date when the permit will become invalid. The request shall include the reason for the extension request and a verification statement that the installation is able to meet all of the requirements included in the permit. The permitting authority reserves the right to deny an extension based on the promulgation of new rules that would affect the permit review or changes in air quality that have occurred since the permit issuance;*
- *authority a Portable Source Relocation Request, property boundary plot plan, and the equipment layout for the site;*
- *authority, in writing, until the end of the thirtieth day after the date of publication of the notice.*
- *authority would like to modify any portion of the general construction permit or if the permitting authority makes changes other than clerical corrections to supporting documents, the permitting authority will undergo the public participation requirements under subsection (6)(B) of this rule before being considered final agency action.*
- *authority every ten (10) years. The permitting authority will issue a public notice in accordance with paragraph (6)(B)2. of this rule and provide a thirty- (30-) calendar-day period for the public to review the permitting authority’s analyses and conclusions and to provide public comment in accordance with paragraph (6)(B)3. of this rule. If changes to the general construction permit are viewed as necessary by the permitting*
- *authority, the procedures outlined under subsection (6)(C) of this rule will be followed.*
- *authority to construct prior to the start of the construction.*
- *authority, in writing, until the end of the fortieth day after the date of publication of the notice for public hearing.*
- *authority will accept comments up to the thirtieth day; and D. Applicant response—No later than five (5) calendar days after the end of the public comment period, the applicant may submit a written response to any comments submitted.*
- *authority all information required by the permitting authority to demonstrate compliance with the terms and conditions of the issued operating permit, or its amendment. The permittee shall also provide information identifying any applicable requirements that became applicable subsequent to issuance of the operating permit. Within thirty (30) calendar days after the applicant’s request for validation, the permitting*
- *authority will take action denying or approving validation of the issued operating permit, or its amendment. If the permittee demonstrates compliance with both the construction and operating permits, or its amendment, the permitting authority validates the operating permit, or its amendment, and forwards it to the permittee. No part 70 permit will be validated unless— A. At the time of validation, the permitting authority certifies that the issued permit contains all applicable B. The procedures for permit renewal in 10 CSR 10- 6.065(6)(E)3. have occurred prior to validation to ensure the inclusion of any new applicable requirements to which the*
- *authority will forward to the administrator one (1) copy of each permit application and each final operating permit.*
- *authority does not respond to an objection of the administrator by transmitting a revised proposed permit within ninety (90) calendar days after receipt of that objection, the administrator may issue or deny the permit in accordance with the CAA.*
- *authority will not issue the permit until the objection has been resolved. If the permit was issued after the administrator’s forty-five- (45-) day review period, and prior to any objection by the administrator, the permitting authority shall treat that objection as if the administrator were reopening the permit for cause. In these circumstances, the petition to the administrator does not stay the effectiveness of the issued permit, and the permittee shall not be in violation of the requirement to have submitted a complete and timely permit application.*
- *authority may include in the proposed or final permit, or both, a provision stating that the operating permit will be reopened immediately to incorporate the new requirements and stating that the new requirements are excluded from the protection of the permit shield. If the permitting authority elects to issue the proposed or final permit, or both, without incorporating the new requirements, the permitting authority, within thirty (30) calendar days after the new requirements become applicable to the source, shall institute proceedings pursuant to this section to reopen the permit to incorporate the new requirements. These reopening proceedings may be instituted, but need not be completed, before issuance of the final permit.*
- *authority shall issue the permit as soon as practicable, but in no event later than the fifth day following receipt of the notice from the administrator.*

##### **10 CSR 10-6.061** Construction Permit Exemptions {#sec-10-csr-10-6.061 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.061}

PURPOSE: This rule lists specific construction or modification projects that are exempt from the requirement to obtain permits to construct under 10 CSR 10-6.060.

(1) Applicability.

(A) This rule applies throughout the state of Missouri.

However, the exemptions listed in this rule do not apply to a construction or modification meeting any of the conditions in subsection (1)(B) of this rule.

(B) The provisions of 10 CSR 10-6.060 apply to any construction or modification which— 1. Is expressly required by an operating permit; or 2. Is subject to federally mandated construction permitting requirements set forth in sections (7), (8), (9), or any combination of these, of 10 CSR 10-6.060.

(2) Definitions. Definitions for certain terms used in this rule are found in 10 CSR 10-6.060, Construction Permits Required.

(3) General Provisions. This section provides exemptions from the requirement to obtain a construction permit. However, when determining whether a construction permit is required and what requirements will be included in the permit under 10 CSR 10-6.060, the emissions of the entire construction or modification, even those portions that meet an exemption under this rule, must be accounted for. The following construction or modifications are exempt from the requirement to obtain a permit under 10 CSR 10-6.060:

(A) Sources of Emissions.

1. The following combustion equipment that emits only combustion products and produces less than one hundred fifty (150) pounds per day of any air contaminant:

A. Combustion equipment using exclusively natural gas, liquefied petroleum gas, or any combination of these with a heat input capacity of less than ten (10) million British thermal units (Btus) per hour;

B. Combustion equipment with a heat input capacity of less than one (1) million Btus per hour;

C. Drying or heat-treating ovens with less than ten (10) million Btus per hour heat input capacity provided the oven does not emit pollutants other than the combustion products and the oven is fired exclusively by natural gas, liquefied petroleum gas, or any combination thereof; and D. Oven with a total production of yeast-leavened bakery products of less than ten thousand (10,000) pounds per operating day heated either electrically or exclusively by natural gas firing with a maximum heat input capacity of less than ten (10) million Btus per hour.

2. The following establishments, systems, equipment, and operations:

A. Office and commercial buildings, where emissions result solely from space heating by natural or liquefied petroleum gas with a heat input capacity of less than twenty (20) million Btus per hour. Incinerators operated in conjunction with these sources are not exempt unless the incinerator operations are exempt under another section of this rule;

B. Comfort air conditioning or comfort ventilating systems not designed or used to control air pollutant emissions;

C. Equipment used for any mode of transportation;

D. Livestock markets and livestock operations, including animal feeding operations and concentrated animal feeding operations as those terms are defined under 40 CFR 122.23 promulgated as of July 1, 2017, and hereby incorporated by Register. Copies can be obtained from the U.S. Government mail orders, print and fill out an order form online and mail to amendments or additions. In addition, all manure storage and application systems associated with livestock markets or livestock operations that were constructed on or before November 30, 2003, are exempt. This exemption includes any construction or modification of a process, process equipment, emission unit, or air cleaning device after November 30, 2003, unless such change, installation, construction, or reconstruction involves an increase in the operation’s capacity to house or grow animals;

E. Grain handling, storage, and drying facility which— (I) Is in noncommercial use only (used only to handle, dry, or store grain produced by the owner or operator) if— (a) The total storage capacity does not exceed seven hundred fifty thousand (750,000) bushels;

(b) The grain handling capacity does not exceed four thousand (4,000) bushels per hour; and (c) The facility is located at least five hundred feet (500') from any recreational area, residence, or business not occupied or used solely by the owner or operator;

(II) Is in commercial or noncommercial use and— (a) The total storage capacity of the new and any existing facility(ies) does not exceed one hundred ninety thousand (190,000) bushels;

(b) Has an installation of additional grain storage capacity in which there is no increase in hourly grain handling capacity and that utilizes existing grain receiving and loadout equipment; or (c) Is a temporary installation used for temporary storage as a result of exceptional events (e.g., natural disasters or abundant harvests exceeding available storage capacity) that meets the following criteria:

I. Outside storage structures shall have a crushed lime or concrete floor with retaining walls of either constructed metal or concrete block. These structures may be either oval or round and must be covered with tarps while storing grain.

These structures may be filled by portable conveyor or by spouts added from existing equipment;

II. Existing buildings may be filled by portable conveyors directly or by overhead fill conveyors that are already in the buildings;

III. The potential to emit from the storage structures is less than one hundred (100) tons per year of each pollutant;

IV. The attainment or maintenance of ambient air quality standards is not threatened; and V. There is no significant impact on any Class I area;

F. Restaurants and other retail establishments for the

purpose of preparing food for employee and guest consumption;

G. Wet sand and gravel production facility that meets the following criteria:

(I) Processed materials are obtained from subterranean and subaqueous beds where the deposits of sand and gravel are consolidated granular materials resulting from natural disintegration of rock and stone;

(II) Maximum production rate is less than five hundred (500) tons per hour;

(III) All permanent roads within the facility are paved and cleaned, or watered, or properly treated with dust-suppressant chemicals as necessary to achieve good engineering control of dust emissions; and (IV) Only natural gas is used as a fuel when drying;

H. Equipment solely installed for the purpose of controlling fugitive dust;

I. Equipment or control equipment which eliminates all emissions to the ambient air;

J. Equipment, including air pollution control equipment, but not including an anaerobic lagoon, that emits odors but no regulated air pollutants;

K. Residential wood heaters, cookstoves, or fireplaces;

L. Laboratory equipment used exclusively for chemical and physical analysis or experimentation, except equipment used for controlling radioactive air contaminants;

M. Recreational fireplaces;

N. Stacks or vents to prevent the escape of sewer gases through plumbing traps for systems handling domestic sewage only. Systems which include any industrial waste do not qualify for this exemption;

O. Noncommercial incineration of dead animals, the onsite incineration of resident animals for which no consideration is received or commercial profit is realized as authorized in

section 269.020.6, RSMo;

P. The following miscellaneous activities:

(I) Use of office equipment and products, not including printing establishments or businesses primarily involved in photographic reproduction. This exemption is solely for office equipment that is not part of the manufacturing or production process at the installation;

(II) Tobacco smoking rooms and areas;

(III) Hand-held applicator equipment for hot melt adhesives with no volatile organic compound (VOC) in the adhesive formula;

(IV) Paper trimmers and binders;

(V) Blacksmith forges, drop hammers, and hydraulic presses;

(VI) Hydraulic and hydrostatic testing equipment; and (VII) Environmental chambers, shock chambers, humidity chambers, and solar simulators provided no hazardous air pollutants are emitted by the process;

Q. The following internal combustion engines:

(I) Portable electrical generators that can be moved by hand without the assistance of any motorized or nonmotorized vehicle, conveyance, or device;

(II) Spark ignition or diesel fired internal combustion engines used in conjunction with pumps, compressors, pile drivers, welding, cranes, and wood chippers or internal combustion engines or gas turbines of less than two hundred fifty (250) horsepower rating; and (III) Laboratory engines used in research, testing, or teaching;

R. The following quarries, mineral processing, and biomass facilities:

(I) Drilling or blasting activities;

(II) Concrete or aggregate product mixers or pug mills with a maximum rated capacity of less than fifteen (15) cubic yards per hour;

(III) Riprap production processes consisting only of a grizzly feeder, conveyors, and storage, not including additional hauling activities associated with riprap production;

(IV) Sources at biomass recycling, composting, landfill, publicly owned treatment works (POTW), or related facilities specializing in the operation of, but not limited to, tub grinders powered by a motor with a maximum output rating of ten (10) horsepower; hoggers, shredders, and similar equipment powered by a motor with a maximum output rating of twentyfive (25) horsepower; and other sources at such facilities with a total throughput less than five hundred (500) tons per year;

(V) Land farming of soils contaminated only with petroleum fuel products where the farming beds are located a minimum of three hundred feet (300') from the property boundary;

S. The following kilns and ovens:

(I) Kilns with a firing capacity of less than ten (10) million Btus per hour used for firing ceramic ware, heated exclusively by natural gas, liquefied petroleum gas, electricity, or any combination thereof; and (II) Electric ovens or kilns used exclusively for curing or heat-treating provided no hazardous air pollutants (HAPs) or VOCs are emitted;

T. The following food and agricultural equipment:

(I) Equipment used in agricultural operations to grow crops;

(II) Equipment used exclusively to slaughter animals.

This exemption does not apply to other slaughterhouse equipment such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment;

(III) Commercial smokehouses or barbecue units in which the maximum horizontal inside cross-sectional area does not exceed twenty (20) square feet;

(IV) Equipment used exclusively to grind, blend, package, or store tea, cocoa, spices, or coffee;

(V) Equipment with the potential to dry, mill, blend, grind, or package less than one thousand (1,000) pounds per year of dry food products such as seeds, grains, corn, meal, flour, sugar, and starch;

(VI) Equipment with the potential to convey, transfer, clean, or separate less than one thousand (1,000) tons per year of dry food products or waste from food production operations;

(VII) Storage equipment or facilities containing dry food products that are not vented to the outside atmosphere or which have the potential to handle less than one thousand (1,000) tons per year;

(VIII) Coffee, cocoa, and nut roasters with a roasting capacity of less than fifteen (15) pounds of beans or nuts per hour, and stoners or coolers operated with these roasters;

(IX) Containers, reservoirs, tanks, or loading equipment used exclusively for the storage or loading of beer, wine, or other alcoholic beverages produced for human consumption;

(X) Brewing operations at facilities with the potential to produce less than three (3) million gallons of beer per year;

(XI) Fruit sulfuring operations at facilities with the potential to produce less than ten (10) tons per year of sulfured fruits and vegetables;

U. Batch solvent recycling equipment provided the recovered solvent is used primarily on-site, the maximum heat input is less than one (1) million Btus per hour, the batch capacity is less than one hundred fifty (150) gallons, and there are no solvent vapor leaks from the equipment which exceed five hundred (500) parts per million;

V. The following surface coating and printing operations:

(I) Batch mixing of inks, coatings, or paints provided— (a) The operations do not occur at an ink, coatings, or paint manufacturing facility;

(b) Good housekeeping is practiced, spills are cleaned up as soon as possible, equipment is maintained according to manufacturer’s instruction, and property is kept clean;

(c) All waste inks, coating, and paints are disposed of properly; and (d) Prior to disposal, all liquid waste is stored in covered containers;

(II) Any powder coating operation, or radiation cured coating operation where ultraviolet or electron beam energy is used to initiate a reaction to form a polymer network;

(III) Any surface-coating source that employs solely nonrefillable hand-held aerosol cans; and (IV) Surface coating operations utilizing powder coating materials with the powder applied by an electrostatic powder spray gun or an electrostatic fluidized bed;

W. The following metal working and handling equipment:

(I) Carbon dioxide (CO2) lasers, used only on metals and other materials that do not emit a HAP or VOC in the process;

(II) Laser trimmers equipped with dust collection attachments;

(III) Equipment used for pressing or storing sawdust, wood chips, or wood shavings;

(IV) Equipment used exclusively to mill or grind coatings and molding compounds in a paste form provided the solution contains less than one percent (1%) VOC by weight;

(V) Tumblers used for cleaning or deburring metal products without abrasive blasting;

(VI) Batch mixers with a rated capacity of fifty-five (55) gallons or less provided the process will not emit hazardous air pollutants;

(VII) Equipment used exclusively for the mixing and blending of materials at ambient temperature to make waterbased adhesives provided the process will not emit hazardous air pollutants;

(VIII) Equipment used exclusively for the packaging of lubricants or greases;

(IX) Platen presses used for laminating provided the process will not emit hazardous air pollutants;

(X) Roll mills or calendars for rubber or plastics provided the process will not emit hazardous air pollutants;

(XI) Equipment used exclusively for the melting and applying of wax containing less than one percent (1%) VOC by weight;

(XII) Equipment used exclusively for the conveying and storing of plastic pellets; and (XIII) Solid waste transfer stations that receive or load out less than fifty (50) tons per day of nonhazardous solid waste;

X. The following liquid storage and loading equipment:

(I) Storage tanks and vessels having a capacity of less than five hundred (500) gallons; and (II) Tanks, vessels, and pumping equipment used exclusively for the storage and dispensing of any aqueous solution which contains less than one percent (1%) by weight of organic compounds. Tanks and vessels storing the following materials are not exempt:

(a) Sulfuric or phosphoric acid with an acid strength of more than ninety-nine percent (99.0%) by weight;

(b) Nitric acid with an acid strength of more than seventy percent (70.0%) by weight;

(c) Hydrochloric or hydrofluoric acid with an acid strength of more than thirty percent (30.0%) by weight; or (d) More than one (1) liquid phase, where the top phase contains more than one percent (1%) VOC by weight;

Y. The following chemical processing equipment or operations:

(I) Storage tanks, reservoirs, pumping, and handling equipment, and mixing and packaging equipment containing or processing soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, provided appropriate lids and covers are utilized; and (II) Batch loading and unloading of solid phase catalysts;

Z. Body repair and refinishing of motorcycles, passenger cars, vans, light trucks, heavy trucks, and other vehicle body parts, bodies, and cabs, provided— (I) Good housekeeping is practiced; spills are cleaned up as soon as possible, equipment is maintained according to manufacturers’ instructions, and property is kept clean.

All waste coatings, solvents, and spent automotive fluids including, but not limited to, fuels, engine oil, gear oil, transmission fluid, brake fluid, antifreeze, fresh or waste fuels, and spray booth filters or water wash sludge are disposed of properly. Prior to disposal, all liquid waste shall be stored in covered containers. In addition, all solvents and cleaning materials shall be stored in closed containers;

(II) All spray coating operations shall be performed in a totally enclosed filtered spray booth or totally enclosed filtered spray area with an air intake area of less than one hundred (100) square feet. All spray areas shall be equipped with a running fan during spraying, and the exhaust air shall either be vented through a stack to the atmosphere or recirculated back into the shop through a carbon adsorption system. All carbon adsorption systems shall be properly maintained according to the manufacturer’s operating instructions, and the carbon shall be replaced at the manufacturer’s recommended intervals to minimize solvent emissions; and (III) Spray booth, spray area, and preparation area stacks shall be located at least eighty (80) feet away from any residence, recreation area, church, school, child care facility, or medical or dental facility;

AA. Sawmills processing no more than twenty-five (25) million board feet, green lumber tally of wood per year, in which no mechanical drying of lumber is performed, in which fine particle emissions are controlled through the use of properly engineered baghouses or cyclones, and which meet all of the following provisions:

(I) The mill shall be located at least five hundred feet (500') from any recreational area, school, residence, or other structure not occupied or used solely by the owner or operator of the facility or the owner of the property upon which the installation is located;

(II) All sawmill residues (sawdust, shavings, chips, bark) from debarking, planing, saw areas, etc. shall be removed or contained to minimize fugitive particulate emissions. Spillage of wood residues shall be cleaned up as soon as possible and contained such that dust emissions from wind erosion and/ or vehicle traffic are minimized. Disposal of collected sawmill residues must be accomplished in a manner that minimizes residues becoming airborne. Disposal by means of burning is prohibited unless it is conducted in a permitted incinerator;

(III) All open-bodied vehicles transporting sawmill residues (sawdust, shavings, chips, bark) shall be covered with a tarp to achieve maximum control of particulate emissions;

BB. Internal combustion engines and gas turbine driven compressors, electric generator sets, and water pumps, used only for portable or emergency services, provided that the maximum annual operating hours shall not exceed five hundred (500) hours. Emergency generators are exempt only if the emergency generator(s) meet the conditions listed in parts (3)

(A)2.BB.(I), (3)(A)2.BB.(II), and (3)(A)2.BB.(III) along with one (1) or both conditions listed in parts (3)(A)2.BB.(IV) and (3)(A)2.BB.(V) below:

(I) The sole function of the emergency generator(s) is to provide backup power when electric power from the local utility is interrupted; and (II) The emergency generator(s) are equipped with a non-resettable meter to measure the hours of operation; and (III) The emergency generator(s) are operated only during emergency situations and for short periods of time to perform maintenance and operational readiness testing; and (IV) There is only one (1) emergency generator included in the construction or modification; or (V) The combined potential emissions of all generators included in the construction or modification are less than or equal to the levels specified in subparagraphs (3)(A)3.A. and (3)

(A)3.B.;

CC. Commercial dry cleaners; and DD. Carving, cutting, routing, turning, drilling, machining, sawing, sanding, planing, buffing, or polishing solid materials, other than materials containing any asbestos, beryllium, or lead greater than one percent (1%) by weight as determined by Material Safety Data Sheets (MSDS), vendor material specifications and/or purchase order specifications, where equipment— (I) Directs a stream of liquid at the point where material is processed;

(II) Is used only for maintenance or support activity not conducted as part of the installation’s primary business (III) Is exhausted inside a building; or (IV) Is ventilated externally to an operating cyclonic inertial separator (cyclone), baghouse, or dry media filter. Other particulate control devices such as electrostatic precipitators or scrubbers are subject to construction permitting or a permitby-rule, unless otherwise exempted.

3. Construction or modifications that, when considered in their entirety, meet the requirements of subparagraph (3)

(A)3.B. of this rule for each hazardous air pollutant; and that meet the requirements of either subparagraph (3)(A)3.A. or the requirements of both subparagraphs (3)(A)3.C. and (3)

(A)3.D. of this rule for each criteria pollutant. The director may require review of construction or modifications otherwise exempt under paragraph (3)(A)3. of this rule if the emissions of the proposed construction or modification will appreciably affect air quality or the air quality standards are appreciably exceeded or complaints involving air pollution have been filed in the vicinity of the proposed construction or modification.

Owners or operators using an exemption pursuant to this paragraph are subject to the reporting and recordkeeping provisions specified in section (4) of this rule.

A. At maximum design capacity the proposed construction or modification shall emit each pollutant at a rate of no more than the amount specified in Table 1.

TABLE 1.

Insignificant Emission Exemption Levels PollutantInsignificance Level (lbs per hr)

Particulate Matter 10 Micron (PM ) (Emitted solely by equipment) 1.0 Sulfur Dioxide (SO )2.75 Nitrogen Oxides (NO X )2.75 Volatile Organic Compounds (VOCs) 2.75 Carbon Monoxide (CO)6.88 B. At maximum design capacity, the proposed construction or modification will emit a hazardous air pollutant at a rate of no more than one-half (0.5) pound per hour, or the screening model action level (SMAL) as established in subparagraph (5)(F)6.A. of 10 CSR 10-6.060, whichever is less.

C. Actual emissions of each criteria pollutant will be no more than eight hundred seventy-six (876) pounds per year.

D. Actual emissions of volatile organic compounds that do not contain hazardous air pollutants will be no more than four (4) tons per year.

(B) Activities. Any activity that is— 1. Routine maintenance, parts replacement, or relocation of emission units within the same installation which do not involve either any appreciable change either in the quality or nature, or any increase in either the potential to emit or the effect on air quality, of the emissions of any air contaminant.

Some examples are as follows:

A. Replacing the bags in a baghouse;

B. Replacing wires, plates, rappers, controls, or electric circuitry in an electrostatic precipitator which does not measurably decrease the design efficiency of the unit;

C. Replacing fans, pumps, or motors which do not alter the operation of a source or performance of a control device;

D. Replacing boiler tubes;

E. Replacing piping, hoods, and ductwork; and F. Replacing engines, compressors, or turbines as part of a normal maintenance program;

2. Changes in a process or process equipment which do not involve the construction or modification of an emissions unit or associated air cleaning devices, and that do not involve either any appreciable change either in the quality or nature or any increase in either the potential to emit or the effect on air quality of the emissions of any air contaminant. Some examples are as follows:

A. Changing supplier or formulation of similar raw materials, fuels, paints, and other coatings;

B. Changing the sequence of the process;

C. Changing the method of raw material addition;

D. Changing the method of product packaging;

E. Changing the process operating parameters;

F. Replacing an identical or more efficient cyclone precleaner which is used as a precleaner in a fabric filter control system;

G. Installing a floating roof on an open-top petroleum storage tank;

H. Replacing a fuel burner in a boiler with a more thermally efficient burner;

I. Lengthening a paint drying oven to provide additional curing time; and J. Changes in the location, within the storage area, or configuration of a material storage pile or material handling equipment;

3. Replacement of like-kind emission units that do not involve either any appreciable change either in the quality or nature, or any increase either in the potential to emit or the effect on air quality, of the emissions of any air contaminant;

4. The exempt activities in paragraphs (3)(B)1.–3. of this

rule reflect a presumption that existing emission units which are changed or replaced by like-kind units shall be treated as having begun normal operation for purposes of determining actual emissions;

5. The following miscellaneous activities:

A. Plant maintenance and upkeep activities such as routine cleaning, janitorial services, use of janitorial products, groundskeeping, general repairs, architectural or maintenance painting, welding repairs, plumbing, roof repair, installing insulation, using air compressors and pneumatically operated equipment, and paving parking lots, provided these activities are not conducted as part of the installation’s primary business B. Batteries and battery charging stations;

C. Fire suppression equipment and emergency road flares;

D. Laundry activities, except dry-cleaning and steam boilers; and E. Steam emissions from leaks, safety relief valves, steam cleaning operations, and steam sterilizers; and 6. The following miscellaneous surface preparation and cleaning activities:

A. Equipment and containers used for surface preparation, cleaning, or stripping by use of solvents or solutions that meet all of the following:

(I) Solvent used must have an initial boiling point of greater than three hundred two degrees Fahrenheit (302°F), and this initial boiling point must exceed the maximum operating temperature by at least one hundred eighty degrees Fahrenheit (180°F);

(II) The equipment or container has a capacity of less than thirty-five (35) gallons of liquid. For remote reservoir cold cleaners, capacity is the volume of the remote reservoir;

(III) The equipment or container has a liquid surface area less than seven (7) square feet, or for remote reservoir cold cleaners, the sink or working area has a horizontal surface less than seven (7) square feet;

(IV) Solvent flow must be limited to a continuous fluid stream type arrangement. Fine, atomized, or shower type sprays are not exempt; and (V) All lids and closures are properly employed;

B. The exclusion in subparagraph (3)(B)6.A. of this rule does not apply to solvent wipe cleaning operations;

C. Abrasive blasting sources that have a confined volume of less than one hundred (100) cubic feet and are controlled by a particulate filter;

D. Blast cleaning equipment using a suspension of abrasive in water;

E. Portable blast cleaning equipment for use at any single location for less than sixty (60) days; and F. Any solvent cleaning or surface preparation source that employs only non-refillable handheld aerosol cans.

(4) Reporting and Recordkeeping. Owners or operators using an exemption in paragraph (3)(A)3. of this rule shall maintain records in sufficient detail to show compliance with the exemptions in paragraph (3)(A)3. of this rule. Any noncompliance with the requirements in this paragraph constitutes a violation and is grounds for enforcement action and the exemption will no longer apply. Owners or operators of installations found to be not in compliance with the requirements of this paragraph shall be required to apply for a construction permit under 10 CSR 10-6.060. Recordkeeping shall begin on the date of the construction or modification.

The exemptions shall be documented by maintaining records or documentation to prove that the criteria described in subsection (4)(A) and either subsection (4)(B) or subsection (4)

(C) of this rule are met.

(A) Potential emissions are below the levels listed in subparagraph (3)(A)3.B. of this rule.

(B) If using the criteria in subparagraph (3)(A)3.A. of this rule to meet the exemption, the records or documentation must be sufficient to prove that potential hourly emissions are below the levels listed in subparagraph (3)(A)3.A. of this rule.

(C) If using the criteria in subparagraphs (3)(A)3.C. and (3)

(A)3.D. of this rule to meet the exemption, the records must be sufficient to prove that actual emissions are below the exemption threshold levels listed in subparagraphs (3)(A)3.C. and (3)

(A)3.D. of this rule.

(5) Test Methods. (Not Applicable) filed March 5, 2003, effective Oct. 30, 2003. Amended: Filed July 1, 2004, effective Feb. 28, 2005. Amended: Filed Dec. 1, 2005, effective July 30, 2006. Amended: Filed Oct. 1, 2008, effective May 30, 2009.

Amended: Filed Nov. 25, 2019, effective Sept. 30, 2020. Amended:

Filed May 15, 2025, effective Jan. 30, 2026. *Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011, 2022.

##### **10 CSR 10-6.062** Construction Permits By Rule {#sec-10-csr-10-6.062 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.062}

PURPOSE: This rule creates a process by which sources can be exempt from 10 CSR 10-6.060 Construction Permits Required, by establishing conditions under which specific sources can construct and operate. It establishes notification requirements and standard review fees. It has been determined that these sources will not make a significant contribution of air contaminants to the atmosphere.

(1) Applicability. This rule applies to certain types of facilities or changes within facilities listed in this rule where construction is commenced on or after the effective date of the relevant permit-by-rule. To qualify for a permit-by-rule, the following general requirements must be met:

(A) Any installation undergoing activities that would otherwise be subject to section (7), (8), or (9) of 10 CSR 10-6.060 does not qualify for permit-by-rule under this regulation. Installations accepting the permit-by-rule emission limitations can use those limitations to determine whether the installation is subject to section (7), (8), or (9) of 10 CSR 10-6.060;

(B) The installation is not prohibited from permit-by-rule by permit conditions, by settlement agreements or by official notification from the director;

(C) All emission control equipment associated with the permit-by-rule shall be maintained and operated in accordance with the equipment specifications of the manufacturer;

(D) Obtaining a permit-by-rule under this regulation does not exempt an installation from other applicable air pollution regulations or any local air pollution control agency requirements; and (E) The director may require an air quality analysis in addition to the general requirements listed in subsection (3)(B) of this rule if it is likely that the emissions of the proposed construction or modification will appreciably affect air quality or the air quality standards are being appreciably exceeded or complaints filed in the vicinity of the proposed construction or modification warrant an air quality analysis. The permitby-rule may be revoked if it is determined that emissions from the source interfere with the attainment or maintenance of ambient air quality standards.

(2) Definitions.

(A) As applied—The volatile organic compound (VOC) and solids content of the finishing material that is actually used for coating the substrate. It includes the contribution of materials used for in-house dilution of the finishing material.

(B) Closed container—A container with a cover fastened in place so that it will not allow leakage or spilling of the contents.

(C) Construction—Fabricating, erecting, reconstructing, or installing a source operation. Construction includes installation of building supports and foundations, laying of underground pipe work, building of permanent storage structures, and other construction activities related to the source operation.

(D) Incinerator—Any article, machine, equipment, open burning.

(E) Malfunction—A sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal and usual manner. Excess emissions caused by improper design shall not be deemed a malfunction.

(F) Manure storage and application systems—Any system that includes, but is not limited to lagoons, manure treatment cells, earthen storage ponds, manure storage tanks, manure stockpiles, composting areas, pits and gutters within barns, litter used in bedding systems, all types of land application equipment, and all pipes, hoses, pumps, and other equipment used to transfer manure.

(G) Material safety data sheet—The chemical, physical, technical, and safety information document supplied by the manufacturer of the coating, solvent, or other chemical (H) Opacity—The extent to which airborne material (I) Printing—Any operation that imparts color, images, or text onto a substrate using printing inks.

(J) Responsible official—Includes one (1) of the following:

1. The president, secretary, treasurer, or vice-president any other person who performs similar policy and decision- A. The facilities employ more than two hundred fifty (250) persons or have a gross annual sales or expenditures B. The delegation of authority to this representative is 2. A general partner in a partnership or the proprietor in a sole proprietorship;

3. Either a principal executive officer or ranking elected official in a municipality or state, federal, or other public agency.

For the purpose of this subparagraph, a principal executive 4. The designated representative of an affected source (K) Sludge—Any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, exclusive of the treated effluent from a wastewater treatment plant.

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

(3) General Provisions.

(A) Registration. To qualify for a permit-by-rule, the owner or operator must notify the Missouri Department of Natural Resources’ Air Pollution Control Program prior to commencement of construction. This notification will establish the permit-by-rule and become the conditions under which the facility is permitted. All representations made in the notification regarding construction plans, operating procedures, and maximum emission rates shall become conditions upon which the facility shall construct or modify. If the conditions, as represented in the notification, vary in a manner that will change the method of emission controls, the character of the emissions, or will result in an increase of emissions, a new notification or permit application must be prepared and submitted to the department’s Air Pollution Control Program.

1. The director shall provide a form by which operators can submit their notifications. The notification shall include documentation of the basis of emission estimates or activity rates and be signed by a responsible official certifying that the information contained in the notification is true, accurate, and complete. The expected first date of operation shall be included in the notification.

2. The notification shall be sent to the department’s Air Pollution Control Program. Two (2) copies of the original notification shall be made. One (1) shall be sent to the appropriate regional office, and one (1) shall be maintained onsite and be provided immediately upon request by inspectors.

3. Fees. A review fee must accompany the notification sent to the department’s Air Pollution Control Program. The review fee amount is found in 10 CSR 10-6.025(4).

4. Upon receiving the notification, the department shall complete a pre-construction review of the notification and make an approval/disapproval determination within seven (7) business days. If the notification is approved by the department, the operator may begin construction and operation of the new (B) Permit-by-Rule.

1. Printing operations. Any printing operation (including, but not limited to, screen printers, ink-jet printers, presses using electron beam or ultraviolet light curing, and labeling operations) and supporting equipment (including, but not limited to, corona treaters, curing lamps, preparation, and cleaning equipment) which operate in compliance with the following conditions is permitted under this rule:

A. The uncontrolled emission of VOCs from inks and solvents (including, but not limited to, those used for printing, cleanup, or makeup) does not exceed forty (40) tons per twelve- (12-) month period, rolled monthly, for all printing operations on the property. The emissions shall be calculated using a material balance that assumes that all of the VOCs in the inks and solvents used are directly emitted to the atmosphere;

B. The uncontrolled emission of hazardous air pollutants does not exceed ten (10) tons per twelve- (12-) month period, rolled monthly, for all printing operations on the property.

The emissions shall be calculated using a material balance that assumes that all hazardous air pollutants used are directly emitted to the atmosphere;

C. Copying and duplicating equipment employing the xerographic method are exempt from subparagraphs (3)

(B)1.D.–G. of this rule;

D. Printing presses covered by this section do not utilize heat set, thermo set, or oven-dried inks. Heated air may be used to shorten drying time, provided the temperature does not exceed one hundred ninety-four degrees Fahrenheit (194°F);

E. Screen printing operations requiring temperatures greater than one hundred ninety-four degrees Fahrenheit (194°F) to set the ink are exempt from subparagraph (3)(B)1.D. of this rule;

F. The facility is not located in an ozone nonattainment area; and G. Recordkeeping. The operator shall maintain records of ink and solvent usage and shall be kept in sufficient detail to show compliance with subparagraphs (3)(B)1.A. and 1.B. of 2. Crematories and animal incinerators. Any crematory or animal incinerator that is used solely for the incineration of human remains, human pathological wastes, or animal carcasses and operates in compliance with the following conditions is permitted under this rule:

A. The materials to be disposed of are limited to noninfectious human materials removed during surgery, labor and delivery, autopsy, or biopsy including body parts, tissues and fetuses, organs, bulk blood and body fluids, blood or tissue laboratory specimens, and other noninfectious anatomical remains or animal carcasses in whole or in part. The owner or operator shall minimize the amount of packaging fed to the incinerator, particularly plastic containing chlorine.

The incinerators shall not be used to dispose of other nonbiological medical wastes including, but not limited to, sharps, rubber gloves, intravenous bags, tubing, and metal parts;

B. The manufacturer’s rated capacity (burn rate) is two hundred (200) pounds per hour or less;

C. The incinerator is a dual-chamber design;

D. Burners are located in each chamber, sized to manufacturer’s specifications, and operated as necessary to maintain the minimum temperature requirements of subparagraph (3)(B)2.E. of this rule at all times when the unit is burning waste;

E. The secondary combustion chamber shall maintain a minimum temperature and gas residence time established through manufacturer’s specification or stack test results that demonstrate a ninety-nine point nine percent (99.9%) combustion efficiency. The temperature shall be monitored with equipment that is accurate to plus or minus two percent (2%) and continuously recorded. The thermocouples or radiation pyrometers shall be fitted to the incinerator and wired into a manual reset noise alarm such that if the temperature in either of the two (2) chambers falls below the minimum temperature above, the alarm will sound at which time plant personnel shall take immediate measures to either correct the problem or cease operation of the incinerator until the problem is corrected;

F. There are no obstructions to stack flow, such as rain caps, unless such devices are designed to automatically open when the incinerator is operated. Properly installed and maintained spark arresters are not considered obstructions;

G. Each incinerator operator is trained in the incinerator operating procedures as developed by the American Society of Mechanical Engineers (ASME), by the incinerator manufacturer, or by a trained individual with more than one (1) year experience in the operation of the incinerator that the trainee will be operating. Minimum training shall include basic combustion control parameters of the incinerator and all emergency procedures to be followed should the incinerator malfunction or exceed operating parameters. An operator who meets the training requirements of this condition shall be on duty and immediately accessible during all periods of incinerator operation. The manufacturer’s operating instructions and guidelines shall be posted at the unit and the unit shall be operated in accordance with these instructions;

H. The incinerator has an opacity of less than ten percent (10%) at all times;

I. Heat is provided by the combustion of natural gas, liquid petroleum gas, or Number 2 fuel oil with less than fifteen ten thousandths percent (0.0015%) sulfur by weight, or by electric power; and J. Recordkeeping. The operator shall maintain a log of all alarm trips and the resultant action taken. A written certification of the appropriate training received by the operator, with the date of training that includes a list of the instructor’s qualifications or ASME certification school shall be maintained for each operator. The operator shall maintain an accurate record of the monthly amount and type of waste combusted.

3. Surface coating. Any surface coating activity or stripping facility that operates in compliance with the following conditions is permitted under this rule:

A. Metalizing, spraying molten metal onto a surface to form a coating, is not permitted under this permit-by-rule. The use of coatings that contain metallic pigments is permitted;

B. All facilities implement good housekeeping procedures to minimize fugitive emissions, including:

(I) Cleaning up spills immediately;

(II) Operating booth or work area exhaust fans when cleaning spray guns and other equipment; and (III) Storing new and used coatings and solvents in closed containers and removing all waste coatings and solvents from the site by an authorized disposal service or disposing of them at a permitted on-site waste management facility;

C. Drying and curing ovens are either electric or meet the following conditions:

(I) The maximum heat input to any oven must not exceed forty (40) million British thermal units (Btus) per hour;

(II) Heat shall be provided by the combustion of one (1) of the following: natural gas; liquid petroleum gas; fuel gas containing no more than twenty (20.0) grains of total sulfur compounds (calculated as sulfur) per one hundred (100) dry standard cubic feet; or Number 2 fuel oil with not more than fifteen ten thousandths percent (0.0015%) sulfur by weight;

D. Emissions are calculated using a material balance that assumes that all VOCs and hazardous air pollutants in the paints and solvents used are directly emitted to the atmosphere. The total uncontrolled emissions from the coating materials (as applied) and cleanup solvents shall not exceed the following for all operations:

(I) Forty (40) tons per twelve- (12-) month period, rolled monthly, of VOCs for all surface coating operations on the property;

(II) A sum of twenty-five (25) tons per twelve- (12-) month period, rolled monthly, of all hazardous air pollutants for all surface coating operations on the property; and (III) Each individual hazardous air pollutant shall not exceed the emission threshold levels established in 10 CSR 10- 6.060(5)(F)6.A., rolled monthly;

E. The surface coating operations are performed indoors, in a booth, or in an enclosed work area. The booth shall be designed to meet a minimum face velocity at the intake opening of each booth or work area of one hundred feet (100') per minute. Emissions shall be exhausted through elevated stacks that extend at least one and one-half (1 1/2) times the building height above ground level. All stacks shall discharge vertically. There shall be no obstructions to stack flow, such as rain caps, unless such devices are designed to automatically open when booths are operated;

F. For spraying operations, emissions of particulate matter are controlled using either a water wash system or a dry filter system with a ninety-five percent (95%) removal efficiency as documented by the manufacturer. The face velocity at the filter shall not exceed two hundred fifty feet (250') per minute or that specified by the filter manufacturer, whichever is less.

Filters shall be replaced according to the manufacturer’s schedule or whenever the pressure drop across the filter no longer meets the manufacturer’s recommendation;

G. Coating operations are conducted at least fifty feet (50') from the property line and at least two hundred fifty feet (250') from any recreational area, residence, or other structure not occupied or used solely by the owner or operator of the facility or the owner of the property upon which the facility is located;

H. The facility is not located in an ozone nonattainment area; and I. Recordkeeping. The operator shall maintain the following records and reports:

(I) All material safety data sheets for all coating materials and solvents;

(II) A monthly report indicating the days the surface coating operation was in operation and the total tons emitted during the month, and the calculation showing compliance with the rolling average emission limits of subparagraph (3)

(B)3.D. of this rule;

(III) A set of example calculations showing the method of data reduction including units, conversion factors, assumptions, and the basis of the assumptions; and (IV) These reports and records shall be immediately available for inspection at the installation.

4. Livestock markets and livestock operations. Any livestock market or livestock operation including animal feeding operations and concentrated animal feeding operations as those terms are defined by 40 CFR 122.23, that was constructed after November 30, 2003, and operates in compliance with the following conditions is permitted under this rule. In addition, any manure storage and application system directly associated with the livestock markets or livestock operations such that these manure storage and application systems are operated in compliance with the following conditions are also permitted under this rule:

A. All facilities implement the following building cleanliness and ventilation practices:

(I) Buildings are cleaned thoroughly between groups of animals;

(II) Manure and spilled feed are scraped from aisles on a regular basis, at least once per week;

(III) Ventilation fans, louvers, and cowlings are regularly cleaned to prevent excessive buildup of dust, dirt, or other debris that impairs performance of the ventilation system;

(IV) Air inlets are cleaned regularly to prevent excessive buildup of dust, dirt, or other debris that reduces airflow through the inlets;

(V) Ceiling air inlets are adjusted to provide adequate airflow (based on design ventilation rates) to the building interior;

(VI) For high-rise structures, the manure storage area includes engineered natural or mechanical ventilation.

This ventilation must be maintained and cleaned regularly to prevent excessive buildup of dust, dirt, or other debris that impairs performance of the ventilation system;

(VII) For deep-bedded structures, bedding and/or litter used in the animal living area is maintained in a reasonably clean condition. Indications that the bedding is not reasonably clean include extensive caking, manure coating animals or birds, and the inability to distinguish bedding material from manure. Bedding or litter with excessive manure shall be removed and replaced with clean bedding or litter; and (VIII) For automatic feed delivery systems, feed lines have drop tubes that extend into the feeder to minimize dust generation;

B. All facilities implement the following manure storage practices:

(I) Buildings with flush alleys, scrapers, or manure belts are operated to remove manure on a regular schedule, at least daily;

(II) Buildings with shallow pits, four feet (4') deep or less, are emptied on a regular schedule, at least once every fourteen (14) days;

(III) Feed, other than small amounts spilled by the animals, is not disposed of in the manure storage system;

(IV) All lagoons are regularly monitored for solids buildup, at least once every five (5) years. Lagoon sludge shall be removed and properly disposed of when the sludge volume equals the designed sludge volume; and (V) Manure compost piles or windrows are turned or otherwise mixed regularly so that the temperature within the pile or windrow is maintained between one hundred five degrees Fahrenheit (105°F) and one hundred fifty degrees Fahrenheit (150°F);

C. The operator considers wind direction and velocity when conducting surface land application, and manure is not applied within five hundred (500') feet from a downwind inhabited residence;

D. Dead animals are not disposed of in the manure storage system unless the system is specifically designed and managed to allow composting of dead animals. Dead animals shall be removed from buildings daily; and E. Recordkeeping. (Not Applicable)

(C) Revocation.

1. A permit-by-rule may be revoked upon request of the operator or for cause. For purposes of this paragraph, cause for revocation exists if— A. There is a pattern of unresolved and repeated noncompliance with the conditions of the permit-by-rule and the operator has refused to take appropriate action (such as a schedule of compliance) to resolve the noncompliance;

B. The operator has failed to pay a civil or criminal penalty imposed for violations of the permit-by-rule; or C. It is determined through a technical analysis that emissions from the source interfere with the attainment or maintenance of ambient air quality standards.

2. Upon revocation of a permit-by-rule the operator shall obtain a permit, undergoing review under 10 CSR 10-6.060.

(4) Reporting and Recordkeeping. In addition to the original notification required by paragraph (3)(A)2. of this rule, operators shall maintain records containing sufficient information to demonstrate compliance with all applicable permit-by-rule requirements as specified in subsection (3)(B) of this rule. These records shall be maintained at the installation for a minimum of five (5) years, and made immediately available to inspectors upon their request. Operators shall also report to the Air Pollution Control Program, no later than ten (10) days after the end of the month during which the operation exceeded any of the permit-by-rule conditions.

(5) Test Methods. (Not Applicable) filed March 5, 2003, effective Oct. 30, 2003. Amended: Filed Sept. 27, 2006, effective May 30, 2007. Amended: Filed June 21, 2018, effective March 30, 2019. Amended: Filed Oct. 29, 2021, effective July 30, 2022. Amended: Filed Nov. 13, 2025, effective July 30, 2026. *Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011, 2022.

##### **10 CSR 10-6.065** Operating Permits {#sec-10-csr-10-6.065 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.065}

PURPOSE: This rule defines air con taminant sources which are required to obtain operating permits and establishes procedures for obtaining and complying with operating permits; it does not establish any air quality standards or guidelines.

(1) Applicability.

(A) Part 70 and Intermediate Installations. This rule shall apply to existing, modified, reconstructed, and new installations, whether part 70 or intermediate, throughout Missouri.

(B) Exempt Installations and Emission Units. The following installations and emission units are exempt from the requirements of this rule unless such units are part 70 or intermediate installations or are located at part 70 or intermediate installations. Emissions from exempt installations and emission units shall be considered when determining if the installation is a

part 70 or intermediate installation:

1. Any installation that obtains a permit solely because it is subject to 10 CSR 10-6.241 or 10 CSR 10-6.250;

2. Single or multiple family dwelling units for not more than three (3) families;

3. Comfort air conditioning or comfort ventilating systems not designed or used to remove air contaminants generated by, or released from, specific units of equipment;

4. Equipment used for any mode of transportation;

5. Livestock markets and livestock operations, including animal feeding operations and concentrated animal feeding operations as those terms are defined by 40 CFR 122.23 and all manure storage and application systems associated with livestock markets or livestock operations. 40 CFR 122.23 promulgated as of July 1, 2023, is hereby incorporated by reference as published by the Office of the Federal Register.

Copies can be obtained from the U.S. Government Publishing Office at https://bookstore.gpo.gov/ or for mail orders, print or additions;

6. Restaurants and other retail establishments for the

purpose of preparing food for employee and guest consumption;

7. Fugitive dust controls unless a control efficiency can be assigned to the equipment or control equipment;

8. Equipment or control equipment which eliminates all emissions to the ambient air;

9. Equipment, including air pollution control equipment, but not including an anaerobic lagoon, that emits odors but no regulated air pollutants;

10. Residential wood heaters, cookstoves, or fireplaces;

11. Laboratory equipment used exclusively for chemical and physical analysis or experimentation is exempt, except equipment used for controlling radioactive air contaminants;

12. Recreational fireplaces;

13. Stacks or vents to prevent the escape of sewer gases through plumbing traps for systems handling domestic sewage only. Systems which include any industrial waste do not qualify for this exemption;

14. Combustion equipment that— A. Emits only combustion products;

B. Produces less than one hundred fifty (150) pounds per day of any air contaminant; and C. Has a maximum rated capacity of— (I) Less than ten (10) million British thermal units (Btus) per hour heat input by using exclusively natural or liquefied petroleum gas, or any combination of these; or (II) Less than one (1) million Btus per hour heat input;

15. Office and commercial buildings, where emissions result solely from space heaters using natural gas or liquefied petroleum gas with a maximum rated capacity of less than twenty (20) million Btus per hour heat input. Incinerators operated in conjunction with these sources are not exempt;

16. Any country grain elevator that never handles more than 1,238,657 bushels of grain during any twelve- (12-) month period and is not located within an incorporated area with a population of fifty thousand (50,000) or more. A country grain elevator is defined as a grain elevator that receives more than fifty percent (50%) of its grain from producers in the immediate vicinity during the harvest season. This exemption does not include grain terminals which are defined as grain elevators that receive grain primarily from other grain elevators. To qualify for this exemption, the owner or operator of the facility shall retain monthly records of grain origin and bushels of grain received, processed, and stored for a minimum of five (5) years to verify the exemption requirements. Monthly records must be tabulated within seven (7) days of the end of the month. Tabulated monthly records shall be made available immediately to Missouri Department of Natural Resources’ representatives for an announced inspection or within three (3) hours for an unannounced visit;

17. Sand and gravel operations that have a maximum capacity to produce less than seventeen and one-half (17.5) tons of product per hour and use only natural gas as fuel when drying;

18. Noncommercial incineration of dead animals, the onsite incineration of resident animals for which no consideration is received or commercial profit is realized, as authorized in

section 269.020.6, RSMo; and 19. Any asphaltic concrete plant, concrete batching plant, or rock crushing plant that can be classified as a portable equipment installation by meeting the portable equipment requirements of or having a portable equipment permit according to 10 CSR 10-6.060.

(C) Prohibitions.

1. After the effective date of this rule, no person shall operate a part 70 installation or intermediate installation except in compliance with an operating permit issued by the permitting authority in accordance with this rule.

2. Except as specified in this rule or in the operating permit, it is not a violation of this rule for a permitted installation to be operated in ways that are not addressed in, constrained by, or prohibited by the operating permit.

(2) Definitions.

(A) Acid rain emissions limitation—As defined in 40 CFR 72.2, a limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid Rain Program under Title IV of the Clean Air Act. 40 CFR 72.2 promulgated as of July 1, 2025, is (B) Actual emissions—The actual rate of emissions of a pollutant from a source operation is determined as follows:

1. Actual emissions as of a particular date shall equal the average rate, in tons per year, at which the source operation or installation actually emitted the pollutant during the previous two- (2-) year period and which represents normal operation. A different time period for averaging may be used if the director determines it to be more representative. Actual emissions shall be calculated using actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period;

2. The director may presume that source-specific allowable emissions for a source operation or installation are equivalent to the actual emissions of the source operation or installation;

3. For source operations or installations which have not begun normal operations on the particular date, actual emissions shall equal the potential emissions of the source operation or installation on that date.

(C) Administrator—The regional administrator for Region VII, EPA.

(D) Affected source—A source that includes one (1) or more emission units subject to emission reduction requirements or limitations under Title IV of the Act.

(E) Affected state—Any state contiguous to the permitting modification, or permit renewal, or is within fifty (50) miles of a source subject to permitting under Title V of the Act.

(F) Affected unit—A unit that is subject to emission reduction requirements or limitations under Title IV of the Act.

(G) Air pollutant—Agent, or combination of agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and by-product material) substance, or matter which is emitted into or otherwise enters the ambient air. Such term includes any precursors to the formation of any air pollutant, to the extent the administrator of the U.S. Environmental Protection Agency or the administrator’s duly authorized representative has identified such precursor(s) for the particular purpose for which the term air pollutant is used.

(H) Allowance—An authorization, allocated to an affected unit by the administrator under Title IV of the Act, to emit, during or after a specified calendar year, one (1) ton of sulfur dioxide (SO (I) Applicable requirement—All of the following listed in the Act:

1. Any standard or requirement provided for in the implementation plan approved or promulgated by the U.S.

Environmental Protection Agency through rulemaking under Title I of the Act that implements the relevant requirements, including any revisions to that plan promulgated in 40 CFR 52;

2. Any term or condition of any preconstruction permit issued pursuant to regulations approved or promulgated through rulemaking under Title I, including part C or D of the 3. Any standard or requirement under section 111 of the Act, including section 111(d);

4. Any standard or requirement under section 112 of the Act, including any requirement concerning accident prevention under section 112(r)(7);

5. Any standard or requirement of the Acid Rain Program it;

6. Any requirements established pursuant to section 504(b) or section 114(a)(3) of the Act;

7. Any standard or requirement governing solid waste incineration under section 129 of the Act;

8. Any standard or requirement for consumer and commercial products under section 183(e) of the Act;

9. Any standard or requirement for tank vessels under

section 183(f) of the Act;

10. Any standard or requirement of the program to control air pollution from outer continental shelf sources under

section 328 of the Act;

11. Any standard or requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Act, unless the administrator has determined that these requirements need not be contained in a Title V permit;

12. Any national ambient air quality standard or increment or visibility requirement under part C of Title I of the Act, but only as it would apply to temporary sources permitted pursuant to section 504(e); and 13. Any standard or requirement established in 643.010– 643.190, RSMo, of the Missouri Air Conservation Law and rules adopted under them.

(J) Commence—For the purposes of major stationary source construction or major modification, the owner or operator has all necessary preconstruction approvals or permits and— 1. Began, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or 2. Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

(K) Construct a major source—Fabricate, erect, or install— 1. For a greenfield site, a stationary source or group of stationary sources which is located within a contiguous area and under common control and which emits or has the potential to emit ten (10) tons per year of any hazardous air pollutant (HAP) or twenty-five (25) tons per year of any combination of HAPs; or 2. For a developed site, a new process or production unit which in and of itself emits or has the potential to emit ten (10) tons per year of any HAP or twenty-five (25) tons per year of any combination of HAPs.

(L) Designated representative—A responsible individual authorized by the owner or operator of an affected source and of all affected units at the source, as evidenced by a certificate of representation submitted in accordance with 40 CFR 72 subpart B to represent and legally bind each owner and operator, as a matter of federal law, in matters pertaining to the Acid Rain Program. Whenever the term responsible official is used in 40 CFR 70, in this rule, or in any other regulations implementing Title V of the Act, it shall be deemed to refer to the designated representative with regard to all matters under the Acid Rain Program. 40 CFR 72, subpart B, promulgated as of July 1, 2023, is hereby incorporated by reference as published by the Office of the Federal Register. Copies can be obtained from the U.S. Government Publishing Office at https://bookstore.gpo.

St. Louis, MO 63197-9000. This rule does not incorporate any (M) Draft permit—The version of a permit for which the (N) Emissions unit—Any part or activity of an installation pollutant or any pollutant listed under section 112(b) of the Act.

This term is not meant to alter or affect the definition of the term unit for the purposes of Title IV of the Act.

(O) Federal agency—A federal department, agency, or instrumentality of the federal government.

(P) Federally enforceable—All limitations and conditions which are enforceable by the administrator, including those requirements developed pursuant to 40 CFR 55, 60, 61, and 63; requirements within any applicable state implementation plan; requirements in operating permits issued pursuant to 40 CFR 70 or 71, unless specifically designated as nonfederally enforceable; and any permit requirements established pursuant to 40 CFR 52.10, 52.21, or 55, or under regulations approved pursuant to 40 CFR 51, subpart I, including operating permits issued under a U.S. Environmental Protection Agency-approved program that is incorporated into the state implementation plan and expressly requires adherence to any permit issued under such program.

(Q) Final permit—The version of a part 70 permit issued procedures as required in 40 CFR 70.7 and 70.8.

(R) Insignificant activity—An activity or emission unit in which the only applicable requirement would be to list the requirement in an operating permit application under this rule and is either of the following:

1. Emission units whose aggregate emission levels for the installation do not exceed that of the de minimis levels listed in subsection (3)(A) of 10 CSR 10-6.020; or 2. Emission units or activities listed in 10 CSR 10-6.061 as exempt or excluded from construction permit review under 10 CSR 10-6.060.

(S) Intermediate installation—A part 70 installation with potential emissions that do not exceed major source thresholds by accepting the imposition of voluntarily agreed-to federally enforceable limitations on the type of materials combusted or processed, operating rates, hours of operation, or emission rates more stringent than those otherwise required by rule or

regulation.

(T) Manure storage and application systems—Any system that includes but is not limited to lagoons, manure treatment cells, earthen storage ponds, manure storage tanks, manure stockpiles, composting areas, pits and gutters within barns, litter used in bedding systems, all types of land application equipment, and all pipes, hoses, pumps, and other equipment used to transfer manure.

(U) Maximum achievable control technology (MACT)—The maximum degree of reduction in emissions of the hazardous air pollutants listed in subsection (3)(C) of 10 CSR 10-6.020 (including a prohibition on these emissions where achievable) that the administrator, taking into consideration the cost of achieving emissions reductions and any non-air quality health and environmental impacts and requirements, determines is achievable for new or existing sources in the category or subcategory to which this emission standard applies, through application of measures, processes, methods, systems, or techniques including, but not limited to, measures which— 1. Reduce the volume of or eliminate emissions of pollutants through process changes, substitution of materials, or other modifications;

2. Enclose systems or processes to eliminate emissions;

3. Collect, capture, or treat pollutants when released from a process, stack, storage, or fugitive emissions point;

4. Are design, equipment, work practice, or operational standards (including requirements for operational training or certification); or 5. Are a combination of paragraphs (2)(U)1.–4. of this rule.

(V) Milestone—The meaning given in sections 182(g)(1) and 189(c)(1) of the Clean Air Act. It consists of an emissions level and the date on which it is required to be achieved. Section 182(g)(1) of the Clean Air Act (42 U.S.C. 7511a(g)(1), 2024 edition), and section 189(c)(1) of the Clean Air Act (42 U.S.C. 7513a(c)

(1), 2024 edition) are hereby incorporated by reference as published by the Office of Law Revision Counsel. Copies can be (W) Offset—A decrease in actual emissions from a source a source operation or installation. The decrease must be of the same pollutant and have substantially similar environmental and health effects on the impacted area. Any ratio of decrease to increase greater than one to one (1:1) constitutes offset.

The exception to this are ozone nonattainment areas where volatile organic compound and oxides of nitrogen emissions emissions according to the following schedule: marginal area = 1.1:1; moderate area = 1.15:1; serious area = 1.2:1; severe area = 1.3:1; and extreme area = 1.5:1.

(X) Part 70 installation—An installation to which the part 70 operating permit requirements of this rule apply, in accordance with the following criteria:

1. Installations that emit or have the potential to emit, in the aggregate, ten (10) tons per year (tpy) or more of any hazardous air pollutant, other than radionuclides, or twentyfive (25) tpy or more of any combination of these hazardous air pollutants or such lesser quantity as the administrator may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not these units are in a contiguous area or under common control, to determine whether these units or stations are subject installations. For sources of radionuclides, the criteria shall be established by the administrator;

2. Installations that emit or have the potential to emit one hundred (100) tpy or more of any air pollutant subject to

regulation, including all fugitive air pollutants. The fugitive emissions of an installation shall not be considered unless the installation belongs to one (1) of the source categories listed in 10 CSR 10-6.020(3)(B), Table 2. Subject to regulation means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act or a nationally applicable

regulation codified by the administrator in 40 CFR 50–99, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit, or restrict the quantity of emissions of that pollutant released from the regulated 3. Installations located in nonattainment areas or ozone transport regions— A. For ozone nonattainment areas, sources with the potential to emit one hundred (100) tpy or more of volatile organic compounds or oxides of nitrogen in areas classified as marginal or moderate, fifty (50) tpy or more in areas classified as serious, twenty-five (25) tpy or more in areas classified as severe, and ten (10) tpy or more in areas classified as extreme; except that the references in this paragraph to one hundred (100), fifty (50), twenty-five (25), and ten (10) tpy of nitrogen oxides shall not apply with respect to any source for which the administrator has made a finding, under section 182(f)(1) or (2) of the Act, that requirements under section 182(f) of the Act do not apply;

B. For ozone transport regions established pursuant to

section 184 of the Act, sources with the potential to emit fifty (50) tpy or more of volatile organic compounds;

C. For carbon monoxide nonattainment areas that are classified as serious, and in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the administrator, sources with the potential to emit fifty (50) tpy or more of carbon monoxide; and D. For particulate matter less than ten (10) micrometers ), nonattainment areas classified as serious, sources with the potential to emit seventy (70) tpy or more of PM 4. Installations that are affected sources under Title IV of the 1990 Act;

5. Installations that are solid waste incinerators subject to

section 129(e) of the Act;

6. Installations in a source category designated by the administrator as a part 70 source pursuant to 40 CFR 70.3; and 7. Installations are not subject to part 70 source requirements unless the administrator subjects them to part 70 requirements by rule and the installations would be part 70 sources strictly because they are subject to— A. A standard, limitation, or other requirement under

section 111 of the Act, including area sources; or B. A standard or other requirement under section 112 of the Act, except that a source, including an area source, is not or requirements under section 112(r) of the Act.

(Y) Permanent—Cessation of operation of any air pollution control equipment or process equipment, not to be placed back into service or have a start-up; or terms or conditions that will not change.

(Z) Permitting authority—Either the administrator or the state air pollution control agency, local agency, or other agency authorized by the administrator to carry out a permit program as intended by the Act.

(AA) Portable equipment—Any equipment that is designed and maintained to be movable, primarily for use in noncontinuous operations. Portable equipment includes rock crushers, asphaltic concrete plants, and concrete batching plants.

(BB) Portable equipment installation—An installation made up solely of portable equipment, meeting the requirements of or having been permitted according to 10 CSR 10-6.060(4).

(CC) Regulated air pollutant—All air pollutants or precursors (DD) Renewal—The process by which an operating permit is reissued at the end of its term.

(EE) Responsible official—Includes one (1) of the following:

1. The president, secretary, treasurer, or vice-president any other person who performs similar policy and decision A. The facilities employ more than two hundred fifty (250) persons or have a gross annual sales or expenditures B. The delegation of authority to this representative is 2. A general partner in a partnership or the proprietor in a sole proprietorship;

3. Either a principal executive officer or ranking elected official in a municipality or state, federal, or other public agency. For the purpose of this subsection, a principal executive 4. The designated representative of an affected source (FF) Temporary installation—An installation which operates (GG) Title I modification—Any modification that requires a nonattainment, attainment, or unclassified area permit under

##### **10 CSR 10-6.060** or that is subject to any requirement under 10 CSR 10-6.070 or 10 CSR 10-6.080. {#sec-10-csr-10-6.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.060}

(HH) Definitions of certain terms specified in this rule, other (3) Single, Multiple, or General Permits. Pursuant to this section, an installation must have a permit (or group of permits) addressing all applicable requirements for all emissions units in the installation. An installation may comply with this subsection through any one (1) of the following methods:

(A) The installation may apply for a single permit covering all emissions units located within a contiguous area under common control (whether or not the installation falls under the same two- (2-) digit Standard Industrial Code (SIC));

(B) The installation may apply for separate permits for separate emissions units or groups of emissions units; or (C) The installation may apply for coverage for one (1) or more emissions units eligible for permitting under a general permit issued by the permitting authority, and obtain a separate permit(s) for emissions units not eligible for general permit coverage;

(D) When determining operating permit classification (part 70 or intermediate), the installation shall calculate the potential to emit for the entire installation and all multiple permits shall be subject to the same operating permit classification.

(4) Intermediate State Operating Permits.

(A) Applicability. All intermediate installations are subject to the requirements of this section.

(B) Permit Notification/Applications.

1. Timely notification/applications.

A. All notifications/applications will be submitted in duplicate. Intermediate installations shall file initial notifications/applications on the following schedule:

(I) Subsequent application.

(a) Any installation that becomes subject to this

section shall file a complete application no later than ninety (90) days after the commencement of operations.

(b) If an installation already has an issued part 70 operating permit, the installation is subject to the requirements of the part 70 operating permit and intermediate application until the intermediate permit is issued and the part 70 operating permit is terminated;

(II) Renewal application. Installations subject to this

section shall file complete applications for renewal of the operating permits at least six (6) months before the date of permit expiration. In no event shall this time be greater than eighteen (18) months;

(III) Unified review. An installation subject to this

section required to have a construction permit under 10 CSR 10-6.060 may submit a complete application for an operating permit or permit modification for concurrent processing as a unified review. An operating permit submitted for concurrent processing shall be submitted with the applicant’s construction permit application, or at a later time as the permitting

(IV) Application/notification expirations.

(a) Installations that have an active initial or renewal application with a receipt stamp shall— I. Be deemed to have submitted the initial or renewal application; and II. Submit a renewal application, as identified in paragraph (4)(B)3. of this rule, six to eighteen (6–18) months prior to the expiration date of the permit issued according to subsection (4)(E) of this rule;

(b) Installations that have an accepted notification shall submit a renewal application as identified in paragraph (4)(B)3. of this rule, six to eighteen (6–18) months prior to the expiration date; and (c) Installations that have an initial or renewal notification—accepted or with a receipt stamp, but that is expired—shall still submit a renewal application as identified in paragraph (4)(B)3. of this rule; and (V) Notwithstanding the deadlines established in this subsection, a complete initial notification/application filed at any time shall be accepted for processing.

B. Complete application.

(I) The permitting authority shall review each application for completeness and shall inform the applicant within sixty (60) days if the application is not complete. In order to be complete, an application must include a completed application form and, to the extent not called for by the form, the information required in paragraph (4)(B)3. of this rule.

(II) If the permitting authority does not notify the installation within sixty (60) days after receipt that its application is not complete, the application shall be deemed complete. However, nothing in this subsection shall prevent the permitting authority from requesting additional information that is reasonably necessary to process the application.

(III) The permitting authority shall maintain a checklist to be used for the completeness determination. A copy of the checklist identifying the application’s deficiencies shall be provided to the applicant along with the notice of incompleteness.

(IV) If, while processing an application that has been determined or deemed to be complete, the permitting

(V) In submitting an application for renewal of an operating permit, the applicant may identify terms and conditions in the previous permit that should remain unchanged, and may incorporate by reference those portions of the existing permit (and the permit application and any permit amendment or modification applications) that describe products, processes, operations, and emissions to which those terms and conditions apply. The applicant must identify specifically and list which portions of the previous permit or applications, or both, are incorporated by reference. In addition, a permit renewal application must contain— (a) Information specified in paragraph (4)(B)3. of this

rule for those products, processes, operations, and emissions— I. That are not addressed in the existing permit;

II. That are subject to applicable requirements which are not addressed in the existing permit; or III. For which the applicant seeks permit terms and conditions that differ from those in the existing permit;

(b) A compliance plan and certification as required in parts (5)(B)3.I.(I)–(IV) and subparagraph (5)(B)3.J. of this rule.

C. Confidential information. An applicant may make claims of confidentiality pursuant to 10 CSR 10-6.210, for information submitted pursuant to this section. The applicant shall also submit a copy of this information directly to the administrator, if the permitting authority requests that the applicant do so.

D. Filing fee information is listed in 10 CSR 10-6.025(5).

2. Duty to supplement or correct application. Any applicant who fails to submit any relevant facts, or who has submitted incorrect information in a permit application, upon becoming aware of this failure or incorrect submittal, shall promptly submit supplementary facts or corrected information. In addition, an applicant shall provide additional information, as necessary, to address any requirements that become applicable to the installation after the date an application is deemed complete, but prior to issuance or validation of the permit, whichever is later.

3. Standard application form and required information.

The permitting authority shall prepare and make available to all intermediate installations subject to this section an operating permit application form(s). The operating permit application form(s) shall require a general description of the installation and the installation’s processes and products, emissions-related information, and all applicable emission limitations and control requirements for each emissions unit at the installation to be permitted. The notification also shall require a statement of the installation’s compliance status with respect to these requirements and a commitment regarding the installation’s plans to either attain compliance with these requirements within the time allowed by law or maintain compliance with these requirements during the operating permit period. An applicant shall submit an application package consisting of the standard application form, emission inventory questionnaire, compliance plan, and compliance certification as identified in subparagraphs (5)(B)3.A.–H., parts (5)(B)3.I.(I)–(IV), and subparagraph (5)(B)3.J. of this rule.

4. Certification by responsible official. Any application form, report, or compliance certification submitted pursuant to this rule shall contain certification by a responsible official of truth, accuracy, and completeness. This certification, and any other certification, shall be signed by a responsible official and shall contain the following language: “I certify, based accurate, and complete.”

5. Single, multiple, or general permits. Pursuant to section (4) of this rule, an installation must have a permit (or group of permits) addressing all applicable requirements for all emission units in the installation. An installation may comply with this subsection through any one (1) of the methods identified in subsections (3)(A)–(3)(D) of this rule.

(C) Permit Content.

1. Standard permit requirements. Every operating permit issued pursuant to this section shall contain all requirements applicable to the installation at the time of issuance, as identified in parts (5)(C)1.A.(I) and (III), subparagraphs (5)(C)1.B. and D., part (5)(C)1.C.(I), subpart (5)(C)1.C.(II)(a), item (5)(C)1.C.(II)

(b)I., subparts (5)(C)1.C.(III)(d) and (e), subparagraphs (5)(C)3.A. through D., and paragraphs (5)(C)5. and 7. of this rule.

A. General requirements.

(I) The permittee must comply with all the terms and conditions of the permit. Any noncompliance with a permit condition constitutes a violation and is grounds for enforcement action, permit termination, permit revocation and reissuance, permit modification, or denial of a permit renewal application. Note: The grounds for termination of a permit under this part of the rule are the same as the grounds for revocation as stated in part (5)(E)8.A.(I) of this rule.

(II) It shall not be a defense in an enforcement action that it would have been necessary for the permittee to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.

(III) The permit may be modified, revoked, reopened, reissued, or terminated for cause. Except as provided for minor permit modifications, the filing of an application or request for a permit modification, revocation and reissuance, or termination, or the filing of a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

(IV) The permit does not convey any property rights of any sort, or grant any exclusive privilege.

(V) The permittee shall furnish to the permitting

(VI) Failure to comply with the limitations and conditions that qualify the installation for an intermediate permit make the installation subject to the provisions of

section (5) of this rule and enforcement action for operating without a valid part 70 operating permit.

B. Reporting requirements. With respect to reporting, the permit shall incorporate all applicable reporting requirements and require the following:

(I) The frequency the permittee shall submit a report of any required monitoring. To the extent possible, the schedule for submission of these reports shall be timed to coincide with other periodic reports required of the permittee;

(II) Each report submitted under part (4)(C)1.B.(I) of this rule shall identify any deviations from permit requirement, since the previous report, that have been monitored by the monitoring systems required under the permit, and any deviations from the monitoring, recordkeeping, and reporting requirements of the permit;

(III) In addition to annual monitoring reports, each permittee shall be required to submit supplemental reports as indicated in subpart (5)(C)1.C.(III)(c) of this rule. All reports of deviations shall identify the cause or probable cause of the deviations and any corrective actions or preventative measures taken and follow the procedures identified in subpart (5)

(C)1.C.(III)(c) of this rule.

C. Reasonably anticipated operating scenarios. The permit shall include terms and conditions for reasonably anticipated operating scenarios identified by the applicant and approved by the permitting authority. The permit shall authorize the permittee to make changes among alternative operating scenarios authorized in the permit without notice, but shall require the permittee, contemporaneous with changing from one (1) operating scenario to another, to record in a log at the permitted installation the scenario under which it is operating.

2. Federally enforceable conditions. Any voluntary provisions issued under this section of the rule, designed to limit an installation’s potential to emit, shall be designated federally enforceable by the permitting authority. Any terms and conditions so designated are required to— A. Be at least as stringent as any other applicable limitations and requirements contained in the implementation plan or enforceable under the implementation plan. The permitting authority may not waive or make less stringent any limitations or requirements contained in the implementation plan, or that are otherwise federally enforceable (for example, standards established under sections 111 or 112 of the Act) in the operating permit;

B. Be permanent, quantifiable, and otherwise enforceable as a practical matter; and C. Follow the public participation procedures of section (6) of this rule.

3. Compliance certification. The permit must include requirements for certification of compliance with terms and conditions contained in the permit that are federally enforceable, including emissions limitations, standards, or work practices. The permit shall specify the information identified in parts (5)(C)3.E.(I)–(III) and (V)–(VI) of this rule.

4. General permits. Installations may apply to operate under any general permit.

A. Issuance of general permits. General permits covering similar installations may be issued by the permitting authority after notice and opportunity for public participation under

section (6). The general permit shall indicate a reasonable time after which an installation that has submitted an application for authorization will be deemed to be authorized to operate under the general permit. A general permit shall identify criteria by which installations may be authorized to operate under the general permit. This criteria must include the (I) Categories of sources covered by the general permit must be homogeneous in terms of operations, processes, and (II) Sources may not be subject to case-by-case standards or requirements; and (III) Sources must be subject to substantially similar reporting, and recordkeeping.

B. Applications. The permitting authority shall provide application forms for coverage under a general permit. General permit applications may deviate from individual permit applications but shall include all information necessary to determine qualification for, and to assure compliance with, the general permit. The permitting authority shall authorize coverage by the conditions and terms of a general permit to all installations that apply for and qualify under the specified general permit criteria. Installations applying for coverage under a general permit must comply with all the requirements of this rule, except public participation requirements.

C. Public participation. Although public participation under section (6) of this rule is necessary for the issuance of a general permit, the permitting authority may authorize an installation to operate under general permit terms and conditions without repeating the public participation procedures.

D. Enforcement. The source shall be subject to enforcement actions for operating without an operating permit if it is determined later that the source does not qualify for the conditions and terms of the general permit.

5. Off-permit changes. Except as provided in subparagraph (4)(C)5.A. of this rule, an intermediate permitted installation may make any change in its permitted installation’s operations, activities, or emissions that is not addressed in, constrained by, or prohibited by the permit without obtaining a permit revision. Off-permit changes shall be subject to the following requirements and restrictions:

A. Compliance with applicable requirements. The change must meet all applicable requirements of the Act and may not violate any existing permit term or condition; no permittee may change a permitted installation without a permit revision, even if the change is not addressed in or constrained by, the permit, if this change is a Title I modification. Please Note: Changes at the installation which affect the emission limitation(s) classifying the installation as an intermediate source (add additional equipment to the recordkeeping requirements, increase the emissions above major source level) do not qualify for off-permit changes;

B. Contemporaneous notice. The permittee must provide contemporaneous written notice of the change to the permitting authority and to the administrator. This written notice shall describe each change, including the date, any change in emissions, pollutants emitted and any applicable requirement that would apply as a result of the change; and C. Record of changes. The permittee shall keep a record describing all changes made at the installation that result in emissions of a regulated air pollutant subject to an applicable requirement and the emissions resulting from these changes.

6. Federal enforceability. Any terms of an issued operating permit which are based on applicable requirements contained in the federally approved State Implementation Plan (SIP) or any other applicable federal requirements are federally enforceable.

(D) Unified Review. The installation shall submit the operating permit application and the unified review shall follow the procedures identified in subsection (5)(D) of this rule.

(E) Permit Issuance, Renewal, Reopenings, and Revisions. The complete intermediate operating permit, permit modification, or permit renewal applications and permits shall be subject to the criteria identified in paragraphs (5)(E)4. and 8.–11. of this 1. Action on application.

A. The intermediate operating permit, permit modification, or permit renewal applications shall follow the procedures identified in subparagraphs (5)(E)1.A.–C. and G. of this B. Except as provided in this subsection of the rule, the permitting authority shall take final action on each application for an intermediate operating permit within eighteen (18) months after receiving a complete application. Final action on each application for a significant permit modification or permit renewal shall be taken within six (6) months after receipt of a complete application. For renewals, the installation shall remain subject to the conditions of the current permit until the renewal permit is issued. New sources are subject to

section (5) of this rule until an intermediate permit is issued, even if the permitting authority does not act within the time frames specified in this rule. For each application the permitting authority shall submit a draft permit for public participation under section (6) of this rule no later than thirty (30) days before the deadline for final action established in this C. Following the end of the public comment period, the permitting authority shall issue or deny the permit, permit modification, or permit renewal.

2. Permit renewal and expiration.

A. Renewal application requirements. Applications for permit renewals shall be subject to the same procedural requirements, including public participation and affected state comment, that apply to initial permit issuance. The permitting

B. Timely application. An installation’s right to operate shall terminate upon the expiration of the permit, unless a complete permit renewal application is submitted at least six (6) months before the date of expiration, or unless the permitting

C. Extension of expired permits. If a timely and complete application for a permit renewal is submitted, but the permitting authority fails to take final action to issue or deny the renewal permit before the end of the term of the previous permit, the previous permit shall not expire until the renewal permit is issued or denied.

3. Operating permit amendments/modifications.

A. Administrative permit amendments are defined and shall follow the procedures identified in subparagraphs (5)

(E)4.A. and C. of this rule.

B. Permit modifications are defined as any revision to an intermediate operating permit which is not an administrative permit amendment under subparagraph (4)(E)2.A. of this rule.

An applicant for a permit modification shall adhere to all the relevant requirements for an initial permit application under

section (4) of this rule, as well as requirements for public participation under section (6) of this rule, except— (I) The applicant should use the form for a permit modification application, rather than the form for an initial permit issuance; and (II) The permitting authority will complete review of the permit modification applications within nine (9) months after receipt of a complete application.

4. Reopening permits for cause.

A. Cause to reopen. An intermediate operating permit shall be reopened for cause if— (I) The permitting authority determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions limitations standards or other terms of the permit;

(II) Additional applicable requirements under the Act become applicable to the installation; however, reopening on this ground is not required as identified in subparts (5)

(E)6.A.(III)(a)–(c) of this rule; or (III) The permitting authority or the administrator determines that the permit must be reopened and revised to assure compliance with applicable requirements.

B. The notices, procedures for issuance, and deadlines will follow the criteria in subparagraphs (5)(E)6.B.–D. and F. of (F) Permit Review by the Administrator and Affected States.

1. Notice of draft actions. The permitting authority will give notice of each draft permit, modified permit, and renewed permit to the administrator and any affected state on, or before, the time that the permitting authority provides notice to the public, except in the case of minor permit modifications.

The administrator and affected states may comment on the draft permit action during the period allowed for public comment, as shall be set forth in a notice to the administrator and affected states.

2. Written response to comments. The permitting authority will provide a written response to the public comments received from the administrator and affected states to the installation and all other parties which submitted comments during the public comment period as described in section (6) of this rule prior to issuing the operating permit.

(5) Part 70 Operating Permits.

(A) Applicability. All part 70 installations are subject to this (B) Permit Applications.

1. Duty to apply.

A. Timely application.

(I) A complete initial application filed at any time shall be accepted for processing. However, acceptance of an application does not relieve the applicant of his/her liability for submitting an untimely application.

(II) An installation subject to this section required to meet section 112(g) of the Act, or to have a construction permit under 10 CSR 10-6.060, may submit a complete application for an operating permit or permit modification for concurrent processing as a unified review. An operating permit application submitted for concurrent processing shall be submitted with the applicant’s construction permit application, or at a later time as the permitting authority may allow, provided that the total review period does not extend beyond eighteen (18) months.

An installation that is required to obtain a construction permit under 10 CSR 10-6.060 and who, in writing, has not chosen to undergo unified review shall file a complete operating permit application, permit amendment, or modification application separate from the construction permit application within twelve (12) months after commencing operation.

(III) An installation that becomes subject to this

section for any reason that does not require the installation to obtain a construction permit under 10 CSR 10-6.060 shall file a complete operating permit application within twelve (12) months after the installation becomes subject to this section.

(IV) Installations subject to this section shall file complete applications for renewal of the operating permits at least six (6) months before the date of permit expiration. In no event shall this time be greater than eighteen (18) months.

B. Complete application.

(I) The permitting authority shall review each application for completeness and shall inform the applicant within sixty (60) days if the application is not complete. In order to be complete, an application must include a completed application form and, to the extent not called for by the form, the information required in paragraph (5)(B)3. of this rule.

(II) If the permitting authority does not notify the installation within sixty (60) days after receipt that its application is not complete, the application shall be deemed complete.

However, nothing in this subsection shall prevent the permitting authority from requesting additional information that is reasonably necessary to process the application.

(III) The permitting authority shall maintain a checklist to be used for the completeness determination. A copy of the checklist identifying the application’s deficiencies shall be provided to the applicant along with the notice of incompleteness.

(IV) If, while processing an application that has been determined or deemed to be complete, the permitting authority determines that additional information is necessary to evaluate or take final action on that application, the permitting authority may request this additional information be in writing.

In requesting this information, the permitting authority shall establish a reasonable deadline for a response.

(V) In submitting an application for renewal of an operating permit, the applicant may identify term and conditions in the previous permit that should remain unchanged, and may incorporate by reference those portions of the existing permit (and the permit application and any permit amendment or modification applications) that describe products, processes, operations, and emissions to which those terms and conditions apply. The applicant must identify specifically and list which portions of the previous permit or applications, or both, are incorporated by reference. In addition, a permit renewal application must contain— (a) Information specified in paragraph (5)(B)3. of this

rule for those products, processes, operations, and emissions— I. That are not addressed in the existing permit;

II. That are subject to applicable requirements which are not addressed in the existing permit; or III. For which the applicant seeks permit terms and conditions that differ from those in the existing permit;

(b) A compliance plan and certification as required in subparagraphs (5)(B)3.I. and J. of this rule.

C. Confidential information. If an applicant submits information to the permitting authority under a claim of confidentiality pursuant to 10 CSR 10-6.210, the applicant shall also submit a copy of this information directly to the administrator, if the permitting authority requests that the applicant do so.

D. Filing fee information is listed in 10 CSR 10-6.025(5).

2. Duty to supplement or correct application. Any applicant who fails to submit any relevant facts, or who has submitted incorrect information in a permit application, upon becoming aware of this failure or incorrect submittal, shall promptly submit supplementary facts or corrected information. In addition, an applicant shall provide additional information, as necessary, to address any requirements that become applicable to the installation after the date an application is deemed complete, but prior to issuance or validation of the permit, whichever is later.

3. Standard application form and required information.

An applicant shall submit an application package consisting of the standard application form, emission inventory questionnaire, compliance plan, and compliance certification. The application package must include all information needed to determine applicable requirements. The application must include information needed to determine the applicability of any applicable requirement. The applicant shall submit the information called for by the application form for each emissions unit at the installation to be permitted, except for insignificant activities. An activity cannot be listed as insignificant if the activity has an applicable requirement. The installation shall provide a list of any insignificant activities that are exempt because of size or production rate. Any insignificant activity required to be listed in the application also must list the approximate number of activities included (for example, twenty (20) leaky valves) and the estimated quantity of emissions associated. The application must include any other information, as requested by the permitting authority, to determine the insignificant activities have no applicable requirements.

Information reported in the permit application which does not result in the specification of any permit limitation, term, or condition with respect to that information (including, but not limited to, information identifying insignificant activities) shall not in any way constrain the operations, activities, or emissions of a permitted installation, except as otherwise provided in this

section. The standard application form (and any attachments) shall require that the following information be provided:

A. Identifying information. The applicant’s company name and address (or plant name and address if different from the company name), the owner’s name and state registered agent, and the telephone number and name of the plant site manager or other contact person;

B. Processes and products. A description of the installation’s processes and products (by two- (2-) digit Standard Industrial Classification Code (SIC)), including those associated with any reasonably anticipated operating scenarios identified by the applicant;

C. Emissions-related information. The following emissions-related information on the emissions inventory forms:

(I) All emissions of pollutants for which the installation is a part 70 source, and all emissions of any other regulated air pollutants. The permit application shall describe all emissions of regulated air pollutants emitted from each emissions unit, except as provided for by section (5) of this rule. The installation shall submit additional information related to the emissions of air pollutants sufficient to verify which requirements are applicable to the installation;

(II) Identification and description of all emissions units whose emissions are included in part (5)(B)3.C.(I) of this

rule, in sufficient detail to establish the applicability of any and all requirements;

(III) Emissions rates in tons per year and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method, if any;

(IV) The following information to the extent needed to determine or regulate emissions including fuels, fuel use, raw materials, production rates, and operating schedules;

(V) Identification and description of air pollution control equipment;

(VI) Identification and description of compliance monitoring devices or activities;

(VII) Limitations on installation operations affecting emissions or any work practice standards, where applicable, for all regulated air pollutants;

(VIII) Other information required by any applicable requirement (including information related to stack height credit limitations developed pursuant to section 123 of the Act); and (IX) Calculations on which the information in parts (5)

(B)3.C.(I)–(VIII) of this rule is based;

D. Air pollution control information. The following air pollution control information:

(I) Citation and description of all applicable requirements; and (II) Description of, or reference to, any applicable test method for determining compliance with each applicable requirement;

E. Applicable requirements information. Other specific information required under the permitting authority’s regulations to implement and enforce other applicable requirements of the Act or of these rules, or to determine the applicability of these requirements;

F. Alternative emissions limits. If the SIP allows an installation to comply through an alternative emissions limit or means of compliance, the applicant may request that such an alternative limit or means of compliance be specified in the permit. The applicant must demonstrate that any such alternative is quantifiable, accountable, enforceable, and based on replicable procedures. The applicant shall propose permit terms and conditions to satisfy these requirements in the G. Proposed exemptions. An explanation of any proposed exemptions from otherwise applicable requirements;

H. Proposed reasonably anticipated operating scenarios. Additional information, as determined necessary by the permitting authority, to define reasonably anticipated operating scenarios identified by the applicant for emissions trading or to define permit terms and conditions implementing operational flexibility;

I. Compliance plan. A compliance plan that contains all of the following:

(I) A description of the compliance status of the installation with respect to all applicable requirements;

(II) A description as follows:

(a) For applicable requirements with which the installation is in compliance, a statement that the installation will continue to comply with these requirements;

(b) For applicable requirements that will become effective during the permit term, a statement that the installation will comply with these requirements on a timely

basis; and (c) For any applicable requirements with which the installation is not in compliance at the time of permit issuance, a narrative description of how the installation will achieve compliance with these requirements;

(III) A compliance schedule as follows:

(a) For applicable requirements with which the installation is in compliance, a statement that the installation will continue to comply with these requirements;

(b) For applicable requirements that will become effective during the permit term, a statement that the installation will comply with these requirements on a timely

basis. A statement that the installation will comply in a timely manner with applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement; and (c) A schedule of compliance for all applicable requirements with which the installation is not in compliance at the time of permit issuance, including a schedule of remedial measures and an enforceable sequence of actions, with milestones, leading to compliance. (This compliance schedule shall resemble and be equivalent in stringency to that contained in any judicial consent decree or administrative order to which the installation is subject);

(IV) For installations required to have a schedule of compliance under subpart (5)(B)3.I.(III)(c) of this rule, a schedule for the submission of certified progress reports no less frequently than every six (6) months; and (V) The compliance plan content requirements specified in this paragraph shall apply to, and be included in, the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under Title IV of the Act with regard to the schedule and method(s) the installation will use to achieve compliance with the acid rain emissions limitations;

J. Compliance certification and information.

(I) A certification of compliance with all applicable requirements signed by a responsible official consistent with paragraph (5)(B)4. of this rule and section 114(a)(3) of the Act.

(II) A statement of methods used for determining compliance, including a description of monitoring, recordkeeping and reporting requirements, and test methods.

(III) A schedule for the submission of compliance certifications during the permit term, which shall be submitted annually, or more frequently if required by an underlying applicable requirement.

(IV) A statement indicating the installation’s compliance status with respect to any applicable enhanced monitoring and compliance certification requirements of the Act; and K. Acid rain information. Nationally standardized forms for acid rain portions of permit applications and compliance plans shall be used, as required by rules promulgated under 4. Certification by responsible official. Any application form, report, or compliance certification submitted pursuant to this rule shall contain certification by a responsible official of truth, accuracy, and completeness. This certification, and any other certification, shall be signed by a responsible official and shall contain the following language: “I certify, based accurate, and complete.”

5. Single, multiple, or general permits. Pursuant to this

section of the rule, an installation must have a permit (or group of permits) addressing all applicable requirements for all emissions units in the installation. An installation may comply with this subsection of the rule through any one (1) of the methods identified in subsections (3)(A)–(3)(D) of this rule.

(C) Permit Content.

1. Standard permit requirements. Every operating permit issued pursuant to this section (5) shall contain all requirements applicable to the installation at the time of issuance.

A. Emissions limitations and standards. The permit shall specify emissions limitations or standards applicable to the installation and shall include those operational requirements or limitations as necessary to assure compliance with all applicable requirements.

(I) The permit shall specify and reference the origin of and authority for each term or condition and shall identify any difference in form as compared to the applicable requirement upon which the term or condition is based.

(II) The permit shall state that, where an applicable requirement is more stringent than an applicable requirement of rules promulgated under Title IV of the Act, both provisions shall be incorporated into the permit and shall be enforceable by the administrator.

(III) If the implementation plan or other applicable requirement allows an installation to comply through an alternative emissions limit or means of compliance and the applicant requests that this alternative limit or means of compliance be specified in the permit, the permitting authority may include this alternative emissions limit or means of compliance in an installation’s permit upon demonstrating that it is quantifiable, accountable, enforceable, and based on replicable procedures.

B. Permit duration. The permitting authority shall issue permits for five (5) years. The permit term shall commence on the date of issuance or, when applicable, the date of validation.

C. Monitoring and related recordkeeping and reporting requirements.

(I) The permit shall contain the following requirements with respect to monitoring:

(a) All emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods promulgated by the administrator pursuant to sections 114(a)(3) or 504(b) of the Act;

(b) Where the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), then periodic monitoring sufficient to yield reliable data for the relevant time period that are representative of the installation’s compliance with the permit, as reported pursuant to part (5)(C)1.C.(III) of this rule.

These monitoring requirements shall assure the use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement.

Recordkeeping provisions may be sufficient to meet the requirements of this paragraph; and (c) As necessary, requirements concerning the use, maintenance, and where appropriate, installation of monitoring equipment or methods.

(II) With respect to recordkeeping, the permit shall incorporate all applicable recordkeeping requirements and require, where applicable, the following:

(a) Records of required monitoring information that include the following:

I. The date, place as defined in the permit, and time of sampling or measurements;

II. The date(s) analyses were performed;

III. The company or entity that performed the analyses;

IV. The analytical techniques or methods used;

V. The results of these analyses; and VI. The operating conditions as existing at the time of sampling or measurement; and (b) Retention of records.

I. Retention of records of all required monitoring data and support information for a period of at least five (5) years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings when used for continuous monitoring instrumentation, and copies of all reports required by the permit. Where appropriate, the permit may specify that records may be maintained in computerized form.

II. Affected sources under Title IV of the Act will have a three- (3-) year monitoring data record retention period as required in 40 CFR 75.

(III) With respect to reporting, the permit shall incorporate all applicable reporting requirements and require (a) A permit issued under these rules shall require the permittee to submit a report of any required monitoring every six (6) months. To the extent possible, the schedule for submission of these reports shall be timed to coincide with other periodic reports required by the permit, including the permittee’s annual compliance certification;

(b) Each report submitted under subpart (5)

(C)1.C.(III)(a) of this rule shall identify any deviations from permit requirement, since the previous report, that have been monitored by the monitoring systems required under the permit, and any deviations from the monitoring, recordkeeping, and reporting requirements of the permit;

(c) In addition to semiannual monitoring reports, each permittee shall be required to submit supplemental reports as indicated here. All reports of deviations shall identify the cause or probable cause of the deviations and any corrective actions or preventative measures taken.

I. Any deviation that poses an imminent and substantial danger to public health, safety, or the environment shall be reported as soon as practicable.

II. Any other deviations identified in the permit as requiring more frequent reporting than the permittee’s semiannual report shall be reported on the schedule specified in the permit;

(d) Every report submitted shall be certified by a responsible official, except that, if a report of a deviation must be submitted within ten (10) days after the deviation, the report may be submitted without a certification if the report is resubmitted with an appropriate certification within ten (10) days after that, together with any corrected or supplemental information required concerning the deviation; and (e) A permittee may request confidential treatment of information submitted in any report of deviation.

D. Risk management plans. If the installation is required to develop and register a risk management plan pursuant to

section 112(r) of the Act, the permit is required to specify only that the permittee will verify that they have complied with the requirement to register such a plan. The contents of the risk management plan itself need not be incorporated as a permit term.

E. Emissions exceeding Title IV allowances. Where applicable, the permit shall prohibit emissions exceeding any allowances that the installation lawfully holds under Title IV of the Act or rules promulgated thereunder.

(I) No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program if the increases do not require a permit revision under any other applicable requirement.

(II) No limit shall be placed on the number of allowances that may be held by an installation. The installation may not use these allowances, however, as a defense for noncompliance with any other applicable requirement.

(III) Any of these allowances shall be accounted for according to procedures established in rules promulgated under Title IV of the Act.

F. Severability clause. The permit shall include a severability clause to ensure the continued validity of uncontested permit conditions in the event of a successful challenge to any contested portion of the permit.

G. General requirements.

(I) The permittee must comply with all the terms and conditions of the permit. Any noncompliance with a permit condition constitutes a violation and is grounds for enforcement action, for permit termination, permit revocation and reissuance, permit modification, or denial of a permit renewal application. Note: The grounds for termination of a permit under part (5)(C)1.G.(I) are the same as the grounds for revocation as stated in part (5)(E)8.A.(I).

(II) It shall not be a defense in an enforcement action that it would have been necessary for the permittee to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.

(III) The permit may be modified, revoked, reopened, reissued, or terminated for cause. Except as provided for minor permit modifications, the filing of an application or request for a permit modification, revocation and reissuance, or termination, or the filing of a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

(IV) The permit does not convey any property rights of any sort, or grant any exclusive privilege.

(V) The permittee shall furnish to the permitting

H. Incentive programs not requiring permit revisions.

The permit shall include a provision stating that no permit revision will be required for any installation changes made under any approved economic incentive, marketable permit, emissions trading, or other similar programs or processes provided for in the permit.

I. Reasonably anticipated operating scenarios. The permit shall include terms and conditions for reasonably anticipated operating scenarios identified by the applicant and approved by the permitting authority. The permit shall authorize the permittee to make changes among alternative operating scenarios authorized in the permit without notice, but shall require the permittee, contemporaneous with changing from one (1) operating scenario to another, to record in a log at the permitted installation the scenario under which it is operating.

The permit shield shall apply to these terms and conditions.

J. Emissions trading. The permit shall include terms and conditions for the trading of emissions increases and decreases within the permitted installation to the extent that the applicable requirements provide for the trading of increases and decreases without case-by-case approval of each emissions trade. These terms and conditions shall include all those required to determine compliance (to include contemporaneous recording in a log of the details of the trade) and must meet all applicable requirements, and requirements of this rule. The permit shield shall apply to all terms and conditions that allow the trading of these increases and decreases in emissions.

2. Federally enforceable conditions and state-only requirements.

A. Federally enforceable conditions. Except as provided in subparagraph (5)(C)2.B. of this rule, all terms and conditions in a permit issued under this section, including any voluntary provisions designed to limit an installation’s potential to emit, are enforceable by the permitting authority, by the administrator, and by citizens under section 304 of the Act.

B. State-only requirements. Notwithstanding subparagraph (5)(C)2.A. of this rule, the permitting authority shall expressly designate as not being federally enforceable or enforceable under section 304 of the Act any terms and conditions included in the permit that are not required under the Act or any of its applicable requirements, and these terms and conditions shall not be enforceable by the administrator or by citizens under section 304 of the Act. Terms and conditions so designated are not subject to the requirements of 40 CFR sections 70.7 and 70.8. Terms and conditions expressly designated as state-only requirements under this paragraph may be included in an addendum to the installation’s permit.

3. Compliance requirements. Permits issued under this

section (5) shall contain the elements listed here with respect to compliance.

A. General requirements, including certification. Consistent with the monitoring and related recordkeeping and reporting requirements of this paragraph, the operating permit must include compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit. Any document (including reports) required to be submitted under this rule shall contain a certification signed by a responsible official as to the results of the required monitoring.

B. Inspection and entry. The permit must include requirements providing that, upon presentation of credentials and other documents as may be required by law, the permittee shall allow authorized officials of the permitting authority to perform the following (subject to the permittee’s right to seek confidential treatment of information submitted to, or obtained by, the permitting authority under this subsection):

(I) Enter upon the permittee’s premises where a permitted installation is located or an emissions-related activity is conducted, or where records must be kept under the conditions of the permit;

(II) Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;

(III) Inspect, at reasonable times and using reasonable safety practices, any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit; and (IV) As authorized by the Missouri Air Conservation Law Chapter 643, RSMo, or the Act, sample or monitor, at reasonable times, substances or parameters for the purpose of assuring compliance with the permit or applicable requirements.

C. Schedule of compliance. The permit must include a schedule of compliance, to the extent required.

D. Progress reports. To the extent required under an applicable schedule of compliance, the permit must require progress reports to be submitted semiannually, or more frequently if specified in the applicable requirement or by the permitting authority. These progress reports shall contain the (I) Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when these activities, milestones, or compliance were achieved; and (II) An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted.

E. Compliance certification. The permit must include requirements for certification of compliance with terms and conditions contained in the permit that are federally enforceable, including emissions limitations, standards, or work practices. The permit shall specify— (I) The frequency (which shall be annually unless the applicable requirement specifies submission more frequently) of compliance certifications;

(II) The means for monitoring compliance with emissions limitations, standards, and work practices contained in applicable requirements;

(III) A requirement that the compliance certification include the following:

(a) The identification of each term or condition of the permit that is the basis of the certification;

(b) The permittee’s current compliance status, as shown by monitoring data and other information reasonably available to the permittee;

(c) Whether compliance was continuous or intermittent;

(d) The method(s) used for determining the compliance status of the installation, currently and over the reporting period; and (e) Such other facts as the permitting authority may require to determine the compliance status of the source;

(IV) A requirement that all compliance certifications be submitted to the administrator as well as to the permitting

(V) Additional requirements as may be specified pursuant to sections 114(a)(3) and 504(b) of the Act; and (VI) Any other provisions as the permitting authority may require.

4. General permits. Installations may apply to operate under any general permit.

A. Issuance of general permits. General permits covering similar part 70 installations may be issued by the permitting

(I) Categories of sources covered by the general permit must be homogeneous in terms of operations, processes, and (II) Sources may not be subject to case-by-case standards or requirements; and (III) Sources must be subject to substantially similar reporting, and recordkeeping.

B. Applications. The permitting authority shall provide application forms for coverage under a general permit. General permit applications may deviate from individual part 70 permit applications but shall include all information necessary to determine qualification for, and to assure compliance with, the general permit. The permitting authority shall authorize coverage by the conditions and terms of a general permit to all installations that apply for and qualify under the specified general permit criteria. Installations applying for coverage under a general permit must comply with all the requirements of this rule, except public participation requirements. General permits shall not be authorized for affected sources under the acid rain program unless otherwise provided in rule promulgated under Title IV of the Act.

C. Public participation. Although public participation under section (6) of this rule is necessary for the issuance of a general permit, the permitting authority may authorize an installation to operate under general permit terms and conditions without repeating the public participation procedures. However, this authorization shall not be a final permit action for purposes of judicial review.

D. Enforcement. Notwithstanding the permit shield provisions of paragraph (5)(C)6. of this rule, an installation authorized to operate under a general permit is subject to enforcement for operating without an individual part 70 operating permit if the installation is determined not to be qualified for the general permit.

5. Portable installations. An installation may apply for a single permit authorizing emissions from similar operations by the same installation owner or operator at multiple temporary locations.

A. Qualification criteria. To qualify for a permit under this paragraph (5)(C)5., the applicant’s operation must be temporary and involve at least one (1) change of location during the permit term. Affected sources shall not be authorized as temporary installations under the acid rain program unless otherwise provided in rules promulgated under Title IV of the B. Compliance at each location. The permittee must comply with all applicable requirements at each authorized location.

C. Notice of location change. The owner or operator of the installation must notify the permitting authority at least ten (10) days in advance of each change of location.

6. Permit shield.

A. Express permit statement required. Part 70 operating permits shall include express provisions stating that compliance with the conditions of the permit shall be deemed compliance with all applicable requirements as of the date of permit issuance, provided that— (I) The applicable requirements are included and specifically identified in the permit; or (II) The permitting authority, in acting on the permit revision or permit application, determines in writing that other requirements, as specifically identified in the permit, are not applicable to the installation and the permit expressly includes that determination or a concise summary of it.

B. Exceptions to permit protection. The permit shield does not affect the following:

(I) The provisions of section 303 of the Act or section 643.090, RSMo, concerning emergency orders;

(II) Liability for any violation of an applicable requirement which occurred prior to, or was existing at, the time of permit issuance;

(III) The applicable requirements of the acid rain program;

(IV) The administrator’s authority to obtain information; or (V) Any other permit or extra-permit provisions, terms, or conditions expressly excluded from the permit shield provisions of this rule.

7. Emergency provisions.

A. Definition. For the purposes of a part 70 operating permit, an emergency or upset means any condition arising from sudden and not reasonably foreseeable events beyond the control of the permittee, including acts of God, which require immediate corrective action to restore normal operation and that causes the installation to exceed a technology-based emission limitation under the permit due to unavoidable increases in emissions attributable to the emergency or upset.

An emergency or upset does not include noncompliance caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error.

8. Operational flexibility (installation changes not requiring permit revisions). An installation that has been issued a

part 70 operating permit under this rule is not required to apply for or obtain a permit revision in order to make any of the changes to the permitted installation described in subparagraph (5)(C)8.A. of this rule if the changes are not Title I modification and the changes do not cause emissions to exceed emissions allowable under the permit, and the changes do not result in the emission of any air contaminant not previously emitted. The installation shall notify the permitting authority and the administrator at least seven (7) days in advance of these changes, except as allowed for emergency or upset conditions. Emissions allowable under the permit means a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.

A. Section 502(b)(10) changes. Changes that, under

section 502(b)(10) of the Act, contravene an express permit term may be made without a permit revision, except for changes that would violate applicable requirements of the Act or contravene federally enforceable monitoring (including test methods), recordkeeping, reporting, or compliance requirements of the permit.

(I) Before making a change under this provision, the permittee shall provide advance written notice to the permitting authority and to the administrator, describing the change to be made, the date on which the change will occur, any changes in emissions, and any permit terms and conditions that are affected. The permittee shall maintain a copy of the notice with the permit, and the permitting

(II) The permit shield shall not apply to these changes.

B. SIP-based emissions trading changes. Changes associated with trading emissions increases and decreases within a permitted installation may be made without a permit revision if the SIP provides for these trades. The permit shall contain terms and conditions governing the trading of emissions.

(I) For these changes, the advance written notice provided by the permittee shall identify the underlying

(II) The permit shield shall not apply to these changes.

Compliance will be assessed according to the terms of the implementation plan authorizing the trade.

C. Emissions cap-based changes. Changes associated with the trading of emissions increases and decreases within a permitted installation may be made without a permit revision if this trading is solely for the purpose of complying with the federally enforceable emissions cap that was established in the permit at the applicant’s request, independent of otherwise applicable requirements. For these changes, the advance written notice provided by the permittee shall identify the underlying authority authorizing the emissions trade and shall state when the change will occur, the types and quantities of emissions to be traded, the permit terms, or other applicable requirements with which the source will comply through emissions trading, and any other information as may be required by the applicable requirement authorizing the emissions trade. The permit shield does apply to these changes.

9. Off-permit changes. Except as provided in subparagraph (5)(C)9.A. in this rule, a part 70 permitted installation may make any change in its permitted installation’s operations, activities, or emissions that is not addressed in, constrained by, or prohibited by the permit without obtaining a permit revision.

Insignificant activities listed in the permit, but not otherwise addressed in or prohibited by the permit, are not considered to be constrained by the permit for purposes of the off-permit provisions of this section. Off-permit changes shall be subject to the following requirements and restrictions:

A. Compliance with applicable requirements. The change must meet all applicable requirements of the Act and may not violate any existing permit term or condition; no permittee may change a permitted installation without a permit revision, even if the change is not addressed in or constrained by, the permit, if this change is subject to any requirements under Title IV of the Act or is a Title I modification;

B. Contemporaneous notice, except insignificant activities. The permittee must provide contemporaneous written notice of the change to the permitting authority and to the administrator. This notice is not required for changes that are insignificant activities under paragraph (5)(B)3. of this rule. This written notice shall describe each change, including the date, any change in emissions, pollutants emitted, and any applicable requirement that would apply as a result of the change;

C. Record of changes. The permittee shall keep a record describing all changes made at the installation that result in emissions of a regulated air pollutant subject to an applicable requirement and the emissions resulting from these changes;

D. Permit shield not applicable. The permit shield shall not apply to these changes.

(D) Unified Review. When the construction or modification and operation of any installation requires a construction permit under 10 CSR 10-6.060, and an operating permit or its amendment under this rule, the installation shall receive a unified construction and operating permit or its amendments, review, hearing, and approval process, unless the applicant requests in writing that the construction and operating permit, or its amendment application, be reviewed separately. Under this unified review process, the applicant shall submit all the applications, forms, and other information required by the permitting authority.

1. Review of applications. The permitting authority shall complete any unified review within one hundred eighty-four (184) days, as provided under the procedures of this rule and 10 CSR 10-6.060 Construction Permits Required.

2. Issuance of permits. As soon as the unified review process is completed, if the applicant complies with all applicable requirements under this rule and 10 CSR 10-6.060, the construction permit and the operating permit or its amendment shall be issued to the applicant and the applicant may commence construction. The operating permit or its amendment shall be retained by the permitting authority until validated pursuant to this subsection (5)(D).

3. Validation of operating permits. Within one hundred and eighty (180) days after commencing operation, the holder of an operating permit or its amendment issued by the unified review processing shall submit to the permitting

(E)3. have occurred prior to validation to insure the inclusion of any new applicable requirements to which the part 70 permit is subject.

(E) Permit Issuance, Renewal, Reopenings, and Revisions.

1. Action on application.

A. General requirements. A part 70 operating permit, permit modification, or permit renewal may be issued only if all of the following conditions have been met:

(I) Except for a general permit authorization, the permitting authority has received a complete application for a permit, permit modification, or permit renewal;

(II) Except for permit modifications qualifying for minor permit modification procedures, the permitting

(III) The permitting authority has complied with the requirements for notifying and responding to affected states;

(IV) The permitting authority finds that the conditions of the permit provide for compliance with all applicable requirements and the requirements of the Act and the requirements of this rule; and (V) The administrator has received a copy of the draft permit and any notices required, and has not objected to issuance of the permit under 40 CFR 70.8(c) within the time specified therein.

B. Completeness determination. After receipt of an application, the permitting authority promptly shall provide notice to the applicant of whether the application is complete.

Unless the permitting authority notifies the applicant that the application is not complete within sixty (60) days after receipt, the application shall be deemed complete.

(I) The permitting authority shall make available to applicants all the necessary application forms, together with a checklist of items required for a complete application package.

An application will be deemed complete in the first instance if the applicant submits a completed application form, together with the other items on the checklist.

(II) No completeness determination shall be required for applications for minor permit modifications.

C. Drafts for public comment. Following review of an application, the permitting authority shall issue a draft permit, draft permit modification, or draft permit renewal for public comment, in accordance with section (6). The draft shall be accompanied by a statement setting forth the legal and factual

basis for the draft permit conditions (including references to applicable statutory or regulatory provisions). The permitting

D. Proposals for review. Following the end of the public comment period, the permitting authority shall prepare and submit to the administrator a draft permit, permit modification, or permit renewal.

(I) The draft permit, modification, or renewal shall be issued no later than forty-five (45) days preceding the deadline for final action under this section and shall contain all applicable requirements that have been promulgated and made applicable to the installation as of the date of issuance of the draft permit.

(II) If new requirements are promulgated or otherwise become newly applicable to the installation following the issuance of the draft permit but before issuance of a final permit (or in the case of unified review, before validation of an issued permit), the permitting authority may elect to either— (a) Extend or reopen the public comment period to solicit comment on additional draft permit provisions to implement the new requirements; or (b) If the permitting authority determines that this extension or reopening of the public comment period would delay issuance of the permit unduly, the permitting

E. Action following the administrator’s review.

(I) Upon receipt of notice that the administrator will not object to a permit, permit modification, or permit renewal that has been submitted for the administrator’s review pursuant to this section, the permitting authority shall issue the permit, permit modification, or permit renewal forthwith, but in no event later than the fifth day following receipt of the notice from the administrator.

(II) Forty-five (45) days after receipt by the administrator of a draft permit, permit modification, or permit renewal for the administrator’s review, and if the administrator has not notified the permitting authority that s/he objects to the permit action, the permitting authority shall promptly issue the permit, permit modification, or permit renewal, but in no event later than the fiftieth day following receipt by the administrator.

(III) If the administrator objects to the permit, modification, or renewal, the permit shall not be issued and the permitting authority shall consult with the administrator and the applicant, and shall submit a revised proposal to the administrator within ninety (90) days after the date of the administrator’s objection. If the permitting authority does not revise the permit, the permitting authority will inform the administrator within ninety (90) days following the date of the objection and decline to make those revisions. If the administrator disagrees with the permitting authority, the administrator may issue the permit with the revisions incorporated.

F. Final actions.

(I) Noninitial applications. Except as provided in this subsection (5)(E), the permitting authority shall take final action on each application for a part 70 operating permit within eighteen (18) months after receiving a complete application. Final action on each application for a significant permit modification or permit renewal shall be taken within six (6) months after receipt of a complete application. For each application, the permitting authority shall submit a draft permit, modification, or renewal to the administrator no later than forty-five (45) days before the deadline for final action established in this section. The permitting authority shall take action on any permit, permit modification, or permit renewal issued in compliance with rules promulgated under Title IV or V of the Act for the permitting of affected installations under the acid rain program within the time specified in those regulations.

(II) Initial applications. Applications accepted under the registry system shall be acted upon according to that registry.

G. Order for acting on applications. To the extent feasible, applications shall be acted upon in the order received, except that— (I) Priority shall be given to taking final action on applications for construction or permit modification under Title I, Parts C and D of the Act and to applications for general permits. To the extent feasible, final action on these applications shall be taken within six (6) months following receipt of a complete application;

(II) For processing purposes, the permitting authority may group together applications addressing similar installations; and (III) The permitting authority may give expedited treatment to simple applications that do not require significant review (for example, permits incorporating few or no substantive regulatory requirements).

2. Application shield.

A. Protection for not having a permit. If an installation subject to the requirement to obtain a permit under this

section submits a timely and complete application for permit issuance or renewal, that installation’s failure to have an issued permit shall not be a violation of the requirement to have the permit until the permitting authority takes final action on the application. This application protection shall cease to apply if, subsequent to a completeness determination, the applicant fails to submit, by the deadline specified in writing by the permitting authority, any additional information identified as being reasonably required to process the application.

B. Loss of protection. If an applicant files a timely application that the permitting authority determines is not complete, or if the applicant loses the protection granted under this section as a result of the failure to provide additional information reasonably requested by the permitting authority within the time specified, the applicant is in violation of this

section for failure to have an issued permit.

C. Construction permits not affected. The submittal of a complete part 70 operating permit application shall not affect the requirement, where applicable, that an installation have a construction permit.

3. Permit renewal and expiration.

A. Renewal application requirements. Applications for permit renewals shall be subject to the same procedural requirements, including public participation, affected state comment, and the administrator review, that apply to initial permit issuance. The permitting authority, in issuing a permit or renewal permit, may identify those portions that are proposed to be revised, supplemented, or deleted.

B. Timely application. An installation’s right to operate shall terminate upon the expiration of the permit, unless a complete permit renewal application is submitted at least six (6) months before the date of expiration, or unless the permitting

C. Extension of expired permits. If a timely and complete application for a permit renewal is submitted, but the permitting authority fails to take final action to issue or deny the renewal permit before the end of the term of the previous permit, the previous permit shall not expire until the renewal permit is issued or denied. Any permit shield granted under the previous permit shall continue in effect during this period of time. However, the administrator may invoke its authority under section 505(e) of the Act to terminate or revoke and reissue the permit.

4. Administrative permit amendments.

A. Definition. An administrative permit amendment is a permit revision that— (I) Corrects typographical errors;

(II) Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the installation;

(III) Requires more frequent monitoring or reporting by the permittee;

(IV) Allows for a change in ownership or operational control of an installation where no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee is submitted to the permitting authority; and/or (V) Incorporates in the part 70 operating permit the requirements of a unified construction permit issued by the permitting authority.

B. Acid rain provisions. For purposes of any acid rain portion of a part 70 operating permit, administrative permit amendments shall be governed by rules promulgated under C. Procedures. An administrative permit amendment shall be made by the permitting authority under the following procedures:

(I) The permitting authority shall take final action on a request for an administrative permit amendment within sixty (60) days after receipt of the request, and may incorporate the proposed changes in a permit without providing notice to the public or affected states, if any of the permit revisions are designated as having been made pursuant to this paragraph (5)(E)4.;

(II) The permitting authority shall transmit a copy of the amended permit to the administrator; and (III) An installation may implement the changes addressed in a request for an administrative permit amendment immediately upon submittal of the request.

D. Permit shield applicable. The permitting authority, upon taking final action granting a request for an administrative permit amendment, shall allow coverage by the permit shield.

5. Permit modifications.

A. Definition. A permit modification is any revision to a part 70 operating permit which is not an administrative amendment under paragraph (5)(E)4. of this rule. A permit modification for the purposes of the acid rain portion of the permit shall be governed by regulations promulgated under B. Minor permit modification.

(I) Criteria.

(a) Minor permit modifications involve changes to an installation that do not— I. Violate any applicable requirement;

II. Involve significant changes to monitoring, reporting, or recordkeeping requirements in the permit;

III. Require or change any case-by-case or sourcespecific determination contained in the permit, or a sourcespecific determination for temporary sources of ambient impacts, or a visibility or increment analysis;

IV. Establish or change a permit term for which there is no corresponding underlying applicable requirement and which the source has assumed in order to avoid an applicable requirement to which it would otherwise be subject, such as a federally enforceable emissions cap voluntarily agreed to in order to avoid classification as a Title I modification or an alternative emissions limit approved pursuant to 112(i)(5) of the V. Constitute a Title I modification; and VI. Constitute a significant permit modification.

(b) Notwithstanding subpart (5)(E)5.B.(I)(a) and subparagraph (5)(E)5.C. of this section, minor permit modification procedures may be used for permit modifications involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent that such minor permit modification procedures are explicitly provided for in an applicable implementation plan or in applicable requirements promulgated by EPA.

(II) Procedures.

(a) The applicant should complete a minor permit modification form application which is consistent with the requirements of this section (5), and which includes at least the following information:

I. A description of the proposed change, the resulting emissions, and any new applicable requirements;

II. The applicant’s draft modified permit;

III. Certification by a responsible official consistent with paragraph (5)(B)4. of this rule, that the proposed modification meets the criteria for use of minor permit modification procedures; and IV. Completed forms to enable the permitting

(b) The permitting authority will notify the administrator and affected states within five (5) days after receipt of the application.

(c) Public participation requirements are not applicable to minor permit modifications.

(d) Within thirty (30) days after receiving the minor permit modification application, the permitting authority will notify the applicant whether the application is deemed complete or if further information is needed to deem it so.

(e) Within ninety (90) days after receiving the minor permit modification application, or fifteen (15) days after the end of the administrator’s forty-five- (45-) day review period, whichever is later, the permitting authority shall— I. Issue the permit modification as proposed;

II. Deny the permit modification;

III. Determine that the requested change is a significant permit modification that should be reviewed as such; or IV. Revise the draft modified permit and notify the applicant and the administrator by providing a written copy of the proposed intended changes, a written statement of the factual and legal reasons for the changes, and notice of the rights of the applicant and the administrator to appeal or object to the changes, including any deadlines for this appeal or objection.

(f) An applicant for a minor permit modification may make the change proposed immediately after filing the application. After making the change, and until the permitting

(III) Permit shield not applicable. The permit shield does not apply to minor permit modifications.

C. Group processing of minor permit modifications.

Pursuant to this paragraph (5)(E)5., the permitting authority may modify the procedures outlined in this section (5) to process groups of an installation’s applications for certain modifications eligible for minor permit modification processing.

(I) Criteria. Group processing of proposed minor permit modifications may be used only for those which— (a) Meet the criteria for minor permit modification procedures under this section; and (b) Collectively are below the following threshold level: ten percent (10%) of the emissions allowed by the permit for the emissions unit for which the change is proposed; twenty percent (20%) of the applicable definition of a part 70 installation; or five (5) tons per year, whichever is least.

(II) Applications. An application requesting the use of group processing procedures shall meet the requirements of this subparagraph and shall include the following:

(a) A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;

(b) The applicant’s draft modified permit;

(c) Certification by a responsible official, consistent with this section, that the proposed modification meets the criteria for use of group processing procedures and a request that these procedures be used;

(d) A list of the installation’s other pending applications awaiting group processing and a determination of whether the requested modification, aggregated with these other applications, equals or exceeds the threshold established under this section (5);

(e) Certification, consistent with this section (5), that the applicant has notified the administrator of the proposed modification. This notification need only contain a brief description of the proposed modification; and (f) Completed forms for the permitting authority to use to notify the administrator and affected states.

(III) Administrator and affected state notification.

On a quarterly basis or within five (5) business days after receipt of an application demonstrating that the aggregate of an installation’s pending applications equals or exceeds the threshold level established under this section, whichever is earlier, the permitting authority promptly, in accordance with section (6) of this rule, shall notify the administrator and affected states of the proposed permit modifications. The permitting authority shall send any notice required to the administrator.

(IV) Timetable for issuance. The provisions of this section shall apply to modifications eligible for group processing, except that the permitting authority shall take one (1) of the actions specified in this paragraph within one hundred eighty (180) days after receipt of the application or fifteen (15) days after the end of the administrator’s forty-five- (45-) day review period, whichever is later.

(V) Installation’s ability to make change. The provisions of this subpart (5)(E)5.B.(II)(f) shall apply to modifications eligible for group processing.

(VI) Permit shield not applicable. The provisions of

part (5)(E)5.B.(III) shall apply to modifications eligible for group processing.

D. Significant permit modifications.

(I) Definition. Any permit revision which is not a minor modification or administrative permit amendment is a significant permit modification. This revision includes, but is not limited to, significant changes in monitoring, reporting, or recordkeeping permit terms and any change in the method of measuring compliance with existing permit requirements.

Criteria for determining whether a proposed change is significant shall include the magnitude of the change and the resulting impact on the environment.

(II) Procedures.

(a) An applicant for a significant permit modification shall adhere to all the relevant requirements for an initial permit application under section (5) of this rule, as well as requirements for public participation under section (6), and review by the administrator and affected states under subsection (5)(F) except— I. The applicant should use the form for a significant permit modification application, rather than the form for an initial permit issuance; and II. The permitting authority will complete review of significant permit modification applications within nine (9) months after receipt of an application.

6. Reopening permits for cause.

A. Cause to reopen. A part 70 operating permit shall be reopened for cause if— (I) The permitting authority receives notice from the administrator that the administrator has granted a petition for disapproval of a permit pursuant to 40 CFR 70.8(d), provided that the reopening may be stayed pending judicial review of that determination;

(II) The permitting authority or the administrator determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions limitations standards or other terms of the permit;

(III) Additional applicable requirements under the Act become applicable to the installation; however, reopening on this ground is not required if— (a) The permit has a remaining term of less than three (3) years;

(b) The effective date of the requirement is later than the date on which the permit is due to expire; or (c) The additional applicable requirements are implemented in a general permit that is applicable to the installation and the installation receives authorization for coverage under that general permit;

(IV) The installation is an affected source under the acid rain program and additional requirements (including excess emissions requirements) become applicable to that source, provided that, upon approval by the administrator, excess emissions offset plans shall be deemed to be incorporated into the permit; or (V) The permitting authority or the administrator determines that the permit must be reopened and revised to assure compliance with applicable requirements.

B. Notice to the permittee. If the permitting authority finds reason to believe that a permit should be reopened for cause, it shall provide at least thirty (30) day’s prior written notice to the permittee, except the notice period may be less if the permitting authority finds that an emergency exists.

(I) This notice shall include a statement of the terms and conditions that the permitting authority proposes to change, delete, or add to the permit. If the permitting authority does not have sufficient information to determine the terms and conditions that must be changed, deleted, or added to the permit, the notice shall request the permittee to provide that information within a period of time specified in the notice, which shall be not less than thirty (30) days except in the case of an emergency.

(II) If the proposed reopening is pursuant to subparagraph (5)(E)6.A. of this rule, the permitting authority shall give the permittee an opportunity to provide evidence that the permit should not be reopened.

C. Procedures for reissuance. In reissuing the permit, the permitting authority shall follow the procedures established under subsection (5)(E). The permittee shall in all cases be afforded an opportunity to comment on the revised permit terms.

D. Judicial review. Upon issuance of the revised permit, both the determination to reopen the permit and the revised permit terms shall be subject to judicial review.

E. Extension of permit shield. While a reopening proceeding is pending, the permittee shall be entitled to the continued protection of any permit shield provided in the permit pending issuance of a revised permit, unless the permitting authority specifically suspends the permit shield on the basis of a finding that this suspension is necessary to implement applicable requirements. If this finding applies only to certain applicable requirements or to certain permit terms, the suspension shall extend only to those requirements or terms.

F. Deadline for completion. Any reopening and reissuance proceeding shall be completed within eighteen (18) months after promulgation of the applicable requirements.

7. Reopening permits for cause by the administrator.

A. Notice of cause. If the permitting authority receives notice from the administrator that the administrator has found cause to revoke, modify, or reopen and reissue a part 70 operating permit, the permitting authority, within ten (10) days after receipt of this notification, shall provide notice to the permittee. The notice to the permittee shall include a copy of the notice from the administrator and invite the permittee to comment in writing on the proposed action.

B. Proposed permitting authority response. Within ninety (90) days following receipt of the notification from the administrator, the permitting authority shall issue and forward to the administrator a proposed determination in response to the administrator’s notification. The permitting authority may request an additional ninety (90) days for this submission if this time is required to obtain a new or revised permit application or other information from the permittee.

C. Comment by the administrator. The permitting

8. Revocations and terminations.

A. Cause for revocation. The permitting authority may revoke a part 70 operating permit only upon request of the permittee or for cause. For purposes of this section, cause for revocation exists if— (I) There is a pattern of unresolved and repeated noncompliance with the terms and conditions of the permit and the permittee has refused to take appropriate action (such as a schedule of compliance) to resolve the noncompliance;

(II) The permittee has failed to disclose material facts relevant to issuance of the permit or has knowingly submitted false or misleading information to the permitting authority;

(III) The permitting authority finds that the permitted installation or activity endangers public health, safety, or the environment, and that the danger cannot be removed by a modification of the terms of the permit; or (IV) The permittee has failed to pay a civil or criminal penalty imposed for violations of the permit.

B. Notice to permittee. Upon finding that cause exists for the revocation of a permit, the permitting authority shall notify the permittee of that finding in writing, stating the reasons for the proposed revocation. Within thirty (30) days following receipt of the notice, the permittee may submit written comments concerning the proposed revocation. If the permitting authority after that makes a final determination to revoke the permit, it shall provide a written notice to the permittee specifying the reasons for the decision and the effective date of the revocation.

C. Conditional revocation. A permit revocation issued under this section may be issued conditionally, with a future effective date, and may specify that the revocation will not take effect if the permittee satisfies the specified conditions before the effective date.

D. Application for termination. A permittee may apply at any time for termination of all or a portion of its part 70 operating permit relating solely to operations, activities, and emissions that have been permanently discontinued at the permitted installation. An application for termination shall identify with specificity the permit or permit terms that relate to the discontinued operations, activities, and emissions. The permitting authority shall act on an application for termination on this ground within ninety (90) days after receipt, and shall grant the application for termination upon finding that the permit terms for which termination is sought relate solely to operations, activities, and emissions that have been permanently discontinued. In terminating all or portions of a permit pursuant to this subsection, the permitting authority may make appropriate orders for the submission of a final report or other information from the permittee to verify the complete discontinuation of the relevant operations, activities, and emissions.

E. Application for termination based on general permit.

A permittee may apply for termination of its permit on the ground that its operations, activities, and emissions are fully covered by a general permit for which it has applied and received coverage. The permitting authority shall act on an application for termination on this ground within ninety (90) days after receipt, and shall grant the application upon a finding that the permittee’s installation’s operations, activities, and emissions are fully covered by a general permit.

F. Application for new permit. An installation that has received a final revocation or termination of its permit may apply for a new permit.

9. Case-by-case determinations. If applicable requirements require the permitting authority to make a case-by-case determination of an emission limitation, technology requirement, work practice standard, or other requirement for an installation, and to include terms and conditions implementing that determination in the installation’s part 70 operating permit, the installation shall include in its permit application a proposed determination, together with the data and other information upon which the determination is to be based, and proposed terms and conditions to implement the determination. Upon receipt of a request from the applicant, the permitting authority shall meet with the applicant before the permit application is submitted to discuss the determination and the information required to make it. In the event the permitting authority determines that the applicant’s proposed determination and implementing terms and conditions should be revised in the draft permit or the final permit, the permitting

10. Public participation. The procedures of section (6) of this rule shall be followed.

11. Judicial review. Any final action in granting or denying an application for a permit, permit amendment, or modification or permit renewal shall be subject to Missouri Air Conservation Commission review as provided in 643.078 and 643.130, RSMo, upon an appeal filed by the applicant or permittee, or by any affected state or other person who participated in the public comment process. If no public comment procedure was employed for the action under challenge, an application for review may be filed by the permittee or an affected state. The opportunity for judicial review provided for in this subsection shall be the exclusive means for obtaining judicial review of any permit action.

A. Deadline for filing. No application for judicial review may be filed more than ninety (90) days following the final action on which review is sought, unless the grounds for review arose at a later time, in which case the application for review shall be filed within ninety (90) days of the date on which the grounds for review first arose, and review shall be limited to such later-arising grounds.

B. Scope of review. Any application for judicial review shall be limited to issues that— (I) Were raised in written comments filed with the permitting authority or during a public hearing on the proposed permit action (if the grounds on which review is sought were known at that time), except that this restriction does not apply if the person seeking review was not afforded an advance opportunity to comment on the challenged action;

(II) Are germane and material to the permit action at issue.

C. Deadline for final action. For purposes of this section (5), final action shall include a failure by the permitting

(F) Permit Review by the Administrator and Affected States.

1. Administrator review.

A. Copies of applications, proposals, and final actions.

The applicant will provide two (2) copies of the information included in an application under this section. The permitting

B. Administrator’s objection. No permit shall be issued or validated under this section if the administrator objects to its issuance in writing within forty-five (45) days after receipt of the draft permit, modified permit, or permit renewal and all necessary supporting information.

C. Failure to respond to objection. If the permitting

(I) This petition may only be based on objections raised during the public review process, unless the petitioner demonstrates that it was impracticable to raise objection during the public review period (including when the grounds for objection arose after that period).

(II) If the administrator responds to a petition filed under this section by issuing an objection, the permitting

2. Affected state review.

A. Notice of draft actions. The permitting authority will give notice of each draft permit, modified permit, and renewed permit to any affected state on or before the time that the permitting authority provides notice to the public, except in the case of minor permit modifications. Affected states may comment on the draft permit action during the period allowed for public comment, as shall be set forth in a notice to affected states.

B. Refusal to accept recommendations. If the permitting

(6) Public Participation. Except for proposed modifications qualifying for the minor permit modification procedures, all permit proceedings, including initial permit issuance, significant permit modifications, and permit renewals, shall be conducted in accordance with the procedures for public participation in this section (6).

(A) Drafts for Public Comment and Public Notice. After receipt of an application for a permit, significant permit modification, or permit renewal, and no later than sixty (60) days before the deadline for issuance of a permit, significant permit modification, or permit renewal for the administrator’s review, the permitting authority shall issue a draft permit and solicit comment from the applicant, affected states, and the public as follows:

1. The permitting authority shall provide notice to the public by— A. Making available in at least one (1) location in the area in which the installation is located a public file containing copies of all materials that the applicant has submitted other than those granted confidential treatment, copies of the preliminary determination and draft permit, modified permit, or permit renewal, and a copy or summary of other materials, if any, considered in making the preliminary permit determination; or B. State publication or website designed to give general public notice details of the proposed action or publishing in at least one (1) newspaper of general circulation in the area in which the installation is located, a notice of the application, the preliminary permit determination, the location of the public file, the procedures for submitting written comments and for requesting a public hearing, and the date, time, and location for a public hearing if one is to be held; and 2. Copies of the notice required shall be sent to the applicant and to the representatives of affected states designated by those states to receive the notices.

(B) Public Notice. The public notice shall establish a period of not less than thirty (30) days following publication of the notice for the submission of written comments, and identify the affected installation, the name and address of the applicant or permittee, the name and address of a permitting authority representative with responsibility for the permitting action, the activity(ies) involved in the permit action, the emissions change involved in any permit modification and the location of the public file.

(C) Public Hearing Opportunity. The permitting authority shall hold an informal public hearing on the draft permit, modified permit, or permit renewal if— 1. A timely request is made for such a hearing during the public comment period; and 2. The person requesting the hearing identifies material issues concerning the preliminary permit determination and the permitting authority determines that a public hearing will be useful in resolving those issues.

(D) Time of Public Hearing. Any public hearing held under this section shall be held no earlier than the thirty-first day following publication of the public notice and no later than the thirtieth day preceding the deadline for the draft permit, modified permit, or permit renewal under this section.

(E) Scope of Public Hearing. The permitting authority may limit participation at the public hearing to issues raised in written comments submitted during the public comment period. The officer conducting the hearing, as appropriate, may impose additional limitations, including time restrictions.

(F) Applicant’s Opportunity to Respond to Comments. The applicant shall be afforded an opportunity to submit, within ten (10) days following the close of the public comment period or the public hearing, whichever is later, a response to any comments made.

(G) Consideration of Comments Received. The permitting

(H) Written Response to Comments. At the time a draft permit, modified permit, or permit renewal is proposed for the administrator’s review, the permitting authority shall issue a written response to all comments submitted by affected states and all significant comments submitted by the applicant and the public. Copies of this written response shall be provided to the administrator, affected states, and the applicant and a copy shall be placed in the public file.

Original rule filed Sept. 2, 1993, effective May 9, 1994. Amended:

Filed June 5, 1995, effective Jan. 30, 1996. Amended: Filed Oct. 3, 1995, effective June 30, 1996. Amended: Filed Aug. 14, 1997, effective April 30, 1998. Amended: Filed Sept. 22, 1999, effective May 30, 2000. Amended: Filed Sept. 4, 2001, effective May 30, 2002.

Amended: Filed July 19, 2002, effective April 30, 2003. Amended:

Filed March 5, 2003, effective Oct. 30, 2003. Amended: Filed Dec. 14, 2004, effective Sept. 30, 2005. Emergency amendment filed Dec. 15, 2010, effective Jan. 3, 2011, expired July 1, 2011. Amended:

Filed Nov. 30, 2010, effective Aug. 30, 2011. Amended: Filed Jan. 31, 2012, effective Sept. 30, 2012. Amended: Filed Aug. 17, 2015, effective March 30, 2016. Amended: Filed June 27, 2018, effective March 30, 2019. Amended: Filed June 13, 2024, effective Feb. 28, 2025. Amended: Filed Nov. 13, 2025, effective July 30, 2026. *Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011, 2022,

**History**
- *authority may allow, provided that the total review period does not extend beyond eighteen (18) months. An installation that is required to obtain a construction permit under 10 CSR 10-6.060 and that, in writing, has not chosen to undergo unified review shall file a complete operating permit application, permit amendment, or modification application separate from the construction permit application within ninety (90) days after commencing operation;*
- *authority determines that additional information is necessary to evaluate or take final action on that application, the permitting authority may request this additional information be in writing. In requesting this information, the permitting*
- *authority shall establish a reasonable deadline for a response.*
- *authority, upon receipt of a written request and within a reasonable time, any information that the permitting authority reasonably may require to determine whether cause exists for modifying, reopening, reissuing, or revoking the permit or to determine compliance with the permit. Upon request, the permittee also shall furnish to the permitting authority copies of records required to be kept by the permittee. The permittee may make a claim of confidentiality for any information or records submitted under this paragraph of this rule.*
- *authority, in issuing a permit or renewal permit, may identify those portions that are proposed to be revised, supplemented, or deleted.*
- *authority takes final action approving an application for a permit renewal by the expiration date.*
- *authority, upon receipt of a written request and within a reasonable time, any information that the permitting authority reasonably may require to determine whether cause exists for modifying, reopening, reissuing, or revoking the permit or to determine compliance with the permit. Upon request, the permittee also shall furnish to the permitting authority copies of records required to be kept by the permittee. The permittee may make a claim of confidentiality for any information or records submitted under this paragraph (5)(C)1.*
- *authority;*
- *authority after notice and opportunity for public participation under subsection (5)(F) and section (6). The general permit shall indicate a reasonable time after which an installation that has submitted an application for authorization will be deemed to be authorized to operate under the general permit. A general permit shall identify criteria by which installations may be authorized to operate under the general permit. This criteria includes the following:*
- *authority shall place a copy with the permit in the public file. Written notice shall be provided to the administrator and the permitting authority at least seven (7) days before the change is to be made. If less than seven (7) days’ notice is provided because of a need to respond more quickly to these unanticipated conditions, the permittee shall provide notice to the administrator and the permitting authority as soon as possible after learning of the need to make the change.*
- *authority authorizing the trade and shall state when the change will occur, the types and quantities of emissions to be traded, the permit terms or other applicable requirements with which the source will comply through emissions trading, and any other information as may be required by the applicable requirement authorizing the emissions trade.*
- *authority all information required by the permitting authority to demonstrate compliance with the terms and conditions of the issued operating permit or its amendment. The permittee shall also provide information identifying any applicable requirements which became applicable subsequent to issuance of the operating permit. Within thirty (30) days after the applicant’s request for validation, the permitting*
- *authority will take action denying or approving validation of the issued operating permit or its amendment. If the permittee demonstrates compliance with both the construction and operating permits, and all of the requirements for permit issuance in subsection (5)(E) of this rule have been met, the permitting authority shall validate the operating permit and forward it to the permittee. No part 70 permit will be validated unless— A. At the time of validation, the permitting authority certifies that the issued permit contains all applicable B. The procedures for permit renewal in paragraph (5)*
- *authority has complied with the requirements for public participation;*
- *authority shall send this statement to the administrator, to affected states, and to the applicant and shall place a copy in the public file.*
- *authority may include in the permit a provision stating that the permit is reopened upon issuance or validation to incorporate the new requirements and stating that the new requirements are excluded from the protection of the permit shield. If the permitting authority elects to issue the permit without incorporating the new requirements, the permitting*
- *authority shall institute, within thirty (30) days after the new requirements become applicable to the source, proceedings pursuant to this section to reopen the permit to incorporate the new requirements. These reopening proceedings may be instituted, but need not be completed, before issuance of the final permit.*
- *authority takes final action approving an application for a permit renewal by the expiration date.*
- *authority to notify the administrator and affected states.*
- *authority takes any of the actions specified in this section (5), the applicant must comply with both the applicable requirements governing the change and the proposed modified permit terms and conditions. During this time period, the installation need not comply with the existing permit terms and conditions the applicant is seeking to modify. However, if the applicant fails to comply with the proposed modified permit terms and conditions during this time period, the existing permit terms and conditions which the applicant is seeking to modify may be enforced against the installation.*
- *authority shall address any further comment or objection from the administrator on the permitting authority’s response to the administrator notification pursuant to this section.*
- *authority shall in all cases inform the applicant of the changes to be made, and allow the applicant to comment on those changes before issuing the draft permit or final permit.*
- *authority to take final action to issue or deny an application within the time specified in these regulations.*
- *authority will forward to the administrator one (1) copy of each permit application, including application for permit modification, request for validation, application for permit renewal, draft permit, and each final operating permit, modified permit, and permit renewal.*
- *authority does not respond to an objection of the administrator by transmitting a revised draft permit, modified permit, or renewal permit within ninety (90) days after receipt of such objection, the administrator may issue or deny the permit, modified permit, or permit renewal in accordance with the D. Public petitions for objection. If the administrator does not object to a proposed permit action, any person may petition the administrator to make an objection within sixty (60) days after expiration of the administrator’s forty-five- (45-) day review period.*
- *authority will not issue the permit until the objection has been resolved. If the permit was issued after the administrator’s forty-five- (45-) day review period, and prior to any objection by the administrator, the permitting authority shall treat that objection as if the administrator were reopening the permit for cause. In these circumstances, the petition to the administrator does not stay the effectiveness of the issued permit, and the permittee is not in violation of the requirement to have submitted a complete and timely permit application.*
- *authority refuses to accept all recommendations for a proposed permit action that any affected state has submitted during the review period, the permitting authority shall notify the administrator and the affected state in writing of its reasons for not accepting the recommendations.*
- *authority shall consider all comments submitted by the applicant, the public, and affected states in reaching its final determination and issuing the proposed permit, modified permit, or permit renewal for the administrator’s review. The permitting authority shall maintain a list of all commenters and a summary of the issues raised and make that information available in the public file and supply it to the administrator upon request.*

##### **10 CSR 10-6.070** New Source Performance Regulations {#sec-10-csr-10-6.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.070}

PURPOSE: This rule incorporates by reference the new source performance standards in 40 CFR 60. This provides the Missouri Department of Natural Resources the authority to implement and enforce these U.S. Environmental Protection Agency regulations.

(1) Applicability. This rule applies to sources subject to 40 CFR 60 subparts incorporated by reference in subsection (3)(A) of (2) Definitions. Certain terms used in 40 CFR 60 refer to federal (A) Director is substituted for Administrator;

(B) Missouri Department of Natural Resources is substituted (C) Missouri Register is substituted for Federal Register.

(3) General Provisions.

(A) Incorporations by Reference.

1. The provisions of 40 CFR 60, promulgated as of July 1, 2024, are hereby incorporated by reference in this rule, as

part-60?toc=1 or for mail orders, print and fill out an order St. Louis, MO 63197-9000. This rule does not incorporate any 2. Exceptions to paragraph (3)(A)1. of this rule are— A. Those provisions which are not delegable by the U.S.

Environmental Protection Agency (EPA);

B. Sections 60.4, 60.9, and 60.10 of subpart A;

C. Subpart B;

D. Subpart AAA;

E. Subpart QQQQ; and F. Incinerators subject to Hazardous Waste Management Commission rule 40 CFR 264, subpart O, as incorporated in 10 CSR 25-7.264, are not subject to this rule. The sources exempted in 40 CFR 264.340(b), as incorporated in 10 CSR 25-7.264, are subject to this rule. All other applicable requirements of Division 25 remain in effect.

(B) The subparts of 40 CFR 60 incorporated by reference in subsection (3)(A) of this rule are— SubpartTitle DStandards of Performance for Fossil-Fuel-Fired Steam Generators DaStandards of Performance for Electric Utility Steam Generating DbStandards of Performance for Industrial-Commercial- Institutional Steam Generating DcStandards of Performance for Small Industrial-Commercial- Institutional Steam Generating EStandards of Performance for EaStandards of Performance for Municipal Waste Combustors for Which Construction is Commenced After December 20, 1989, and On or Before September 20, 1994 EbStandards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994, or for Which Modification or Reconstruction is Commenced After June 19, 1996 EcStandards of Performance for New Stationary Sources: Hospital/ Medical/Infectious Waste FStandards of Performance for Portland Cement Plants GStandards of Performance for Nitric Acid Plants GaStandards of Performance for Nitric Acid Plants for Which October 14, 2011 HStandards of Performance for Sulfuric Acid Plants IStandards of Performance for Hot Mix Asphalt Facilities JStandards of Performance for Petroleum Refineries JaStandards of Performance for May 14, 2007 KStandards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Commenced After June 11, 1973, and Prior to May 19, 1978 KaStandards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Commenced After May 18, 1978, and Prior to July 23, 1984 KbStandards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which July 23, 1984 LStandards of Performance for Secondary Lead Smelters for Which Construction, Commenced After June 11, 1973, and On or Before December 1, LaStandards of Performance for Secondary Lead Smelters for Which Construction, Commenced After December 1, MStandards of Performance for Secondary Brass and Bronze Production Plants NStandards of Performance for Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973 NaStandards of Performance for Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, OStandards of Performance for Sewage Treatment Plants PStandards of Performance for Primary Copper Smelters QStandards of Performance for Primary Zinc Smelters RStandards of Performance for Primary Lead Smelters SStandards of Performance for Primary Aluminum Reduction TStandards of Performance for the Phosphate Fertilizer Industry: Wet- Process Phosphoric Acid Plants UStandards of Performance for the Superphosphoric Acid Plants VStandards of Performance for the Diammonium Phosphate Plants WStandards of Performance for the Triple Superphosphate Plants XStandards of Performance for the Granular Triple Superphosphate Storage Facilities YStandards of Performance for Coal Preparation and Processing Plants ZStandards of Performance for Ferroalloy Production Facilities AAStandards of Performance for Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974, and On or Before August 17, 1983 AAaStandards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarbonization Vessels Constructed After August 17, 1983, and On or Before May 16, AAbStandards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarbonization Vessels Constructed After May 16, BBStandards of Performance for Kraft Pulp Mills BBaStandards of Performance for Kraft Pulp Mill Affected Sources for Which Construction, Commenced After May 23, 2013 CCStandards of Performance for Glass DDStandards of Performance for Grain Elevators EEStandards of Performance for Surface Coating of Metal Furniture GGStandards of Performance for Stationary Gas Turbines HHStandards of Performance for Lime KKStandards of Performance for Lead-Acid Battery Manufacturing Commenced After January 14, 1980, and On or Before February 23, 2022 KKaStandards of Performance for Lead Acid Battery Manufacturing Commenced After February 23, LLStandards of Performance for Metallic Mineral Processing Plants MMStandards of Performance for Automobile and Light Duty Truck Surface Coating Operations for Which Construction, Modification, or Reconstruction Commenced After October 5, 1979, and On or Before May 18, 2022 MMaStandards of Performance for Automobile and Light Duty Truck Surface Coating Operations for Which Construction, Modification, or Reconstruction Commenced After May 18, 2022 NNStandards of Performance for Phosphate Rock Plants PPStandards of Performance for Ammonium Sulfate Manufacture QQStandards of Performance for the Graphic Arts Industry: Publication Rotogravure Printing RRStandards of Performance for Pressure Sensitive Tape and Label Surface Coating Operations SSStandards of Performance for Industrial Surface Coating: Large Appliances TTStandards of Performance for Metal Coil Surface Coating UUStandards of Performance for Asphalt Processing and Asphalt Roofing Manufacture VVStandards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which January 5, 1981, and On or Before VVaStandards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which WW Standards of Performance for the Beverage Can Surface Coating XXStandards of Performance for Bulk Gasoline Terminals BBBStandards of Performance for the Rubber Tire Manufacturing DDDStandards of Performance for Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry FFFStandards of Performance for Flexible Vinyl and Urethane Coating and Printing GGGStandards of Performance for Equipment Leaks of VOC in January 4, 1983, and On or Before GGGaStandards of Performance for Equipment Leaks of VOC in HHHStandards of Performance for Synthetic Fiber Production IIIStandards of Performance for Volatile Organic Compound (VOC)

Emissions From the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes JJJStandards of Performance for Petroleum Dry Cleaners KKKStandards of Performance for Equipment Leaks of VOC From Onshore Natural Gas Processing Commenced After January 20, 1984, and On or Before August 23, LLLStandards of Performance for Emissions From Onshore Natural Gas Processing for Which January 20, 1984, and On or Before August 23, 2011 NNNStandards of Performance for Volatile Organic Compound (VOC)

Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations OOOStandards of Performance for Nonmetallic Mineral Processing PPPStandard of Performance for Wool Fiberglass Insulation QQQStandards of Performance for VOC Emissions From Petroleum Refinery Wastewater Systems RRRStandards of Performance for Volatile Organic Compound Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes SSSStandards of Performance for Magnetic Tape Coating Facilities TTTStandards of Performance for Industrial Surface Coating:

Surface Coating of Plastic Parts for Business Machines TTTaStandards of Performance for Industrial Surface Coating:

Surface Coating of Plastic Parts for Business Machines for Which June 21, 2022 UUUStandards of Performance for Calciners and Dryers in Mineral Industries VVVStandards of Performance for Polymeric Coating of Supporting Substrates Facilities WWWStandards of Performance for Municipal Solid Waste Landfills That Commenced Construction, On or After May 30, 1991, but Before July 18, 2014 XXXStandards of Performance for Municipal Solid Waste Landfills That Commenced Construction, After July 17, 2014 AAAAStandards of Performance for Small Municipal Waste Combustion Units for Which Construction is Commenced After August 30, 1999, or for Which Modification or Reconstruction is Commenced After June 6, 2001 CCCCStandards of Performance for Commercial and Industrial Solid Waste Incineration Units EEEEStandards of Performance for Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced On or After June 16, 2006 IIIIStandards of Performance for Stationary Compression Ignition Internal Combustion Engines JJJJStandards of Performance for Stationary Spark Ignition Internal Combustion Engines KKKKStandards of Performance for Stationary Combustion Turbines LLLLStandards of Performance for New Sewage Sludge Incineration Units OOOOStandards of Performance for Commenced After August 23, 2011, and On or Before September 18, OOOOaStandards of Performance for Commenced After September 18, 2015, and On or Before December 6, 2022 OOOObStandards of Performance for Commenced After December 6, (4) Reporting. Reporting requirements are specified in each (5) Test Methods. The test methods are specified in 40 CFR 60, Appendices A-1 through A–8 and 10 CSR 10-6.030. filed Dec. 10, 1979, effective April 11, 1980. Amended: Filed Feb. 9, 1981, effective July 11, 1981. Amended: Filed Dec. 10, 1981, effective June 11, 1982. Amended: Filed Dec. 15, 1982, effective May 12, 1983. Amended: Filed Jan. 12, 1983, effective June 11, 1983.

Amended: Filed Feb. 14, 1984, effective July 12, 1984. Amended:

Filed March 14, 1985, effective Aug. 26, 1985. Amended: Filed June 5, 1986, effective Sept. 26, 1986. Amended: Filed April 2, 1987, effective Aug. 27, 1987. Amended: Filed March 2, 1988, effective June 27, 1988. Amended: Filed June 6, 1989, effective Oct. 27, 1989.

Amended: Filed March 31, 1992, effective Feb. 26, 1993. Amended:

Filed March 25, 1993, effective Nov. 8, 1993. Amended: Filed June 30, 1994, effective Feb. 26, 1995. Amended: Filed Sept. 14, 1995, effective May 30, 1996. Amended: Filed July 15, 1997, effective Feb. 28, 1998. Amended: Filed March 15, 1999, effective Oct. 30, 1999.

Amended: Filed July 30, 1999, effective March 30, 2000. Amended:

Filed May 15, 2000, effective Dec. 30, 2000. Amended: Filed Jan. 31, 2002, effective Sept. 30, 2002. Amended: Filed Feb. 14, 2003, effective Oct. 30, 2003. Amended: Filed Feb. 17, 2005, effective Nov. 30, 2005. Amended: Filed May 2, 2006, effective Dec. 30, 2006.

Amended: Filed Dec. 6, 2006, effective Aug. 30, 2007. Amended:

Filed March 25, 2008, effective Nov. 30, 2008. Amended: Filed Sept. 24, 2009, effective May 30, 2010. Amended: Filed June 18, 2010, effective Feb. 28, 2011. Amended: Filed July 1, 2011, effective Feb. 29, 2012. Amended: Filed May 15, 2012, effective Dec. 30, 2012.

Amended: Filed May 7, 2013, effective Dec. 30, 2013. Amended:

Filed May 15, 2018, effective Feb. 28, 2019. Amended: Filed Nov. 25, 2019, effective Sept. 30, 2020. Amended: Filed Dec. 30, 2024, effective Sept. 30, 2025. *Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011, 2022.

##### **10 CSR 10-6.075** Maximum Achievable Control Technology Regulations {#sec-10-csr-10-6.075 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.075}

PURPOSE: This rule incorporates by reference the maximum achievable control technology regulations in 40 CFR 63, providing the Missouri Department of Natural Resources the authority to implement and enforce these U.S. Environmental Protection Agency regulations. Since EPA enforces some subparts of 40 CFR 63 within Missouri, this rule also specifies whether EPA or the department is the enforcing authority for each subpart.

(1) Applicability. This rule applies to sources subject to 40 CFR 63 subparts incorporated by reference in subsection (3)(A) of (2) Definitions. Certain terms used in 40 CFR 63 refer to federal (A) Director is substituted for Administrator;

(B) Missouri Department of Natural Resources is substituted (C) Missouri Register is substituted for Federal Register.

(3) General Provisions.

(A) Incorporations by Reference.

1. The provisions of 40 CFR 63, promulgated as of July 1, 2024, are hereby incorporated by reference in this rule, as

part-63?toc=1 or for mail orders, print and fill out an order St. Louis, MO 63197-9000. This rule does not incorporate any 2. Exceptions to paragraph (3)(A)1. of this rule are— A. Those provisions which are not delegable by the United States Environmental Protection Agency (EPA); and B. Sections 63.13 and 63.15(a)(2) of subpart A.

(B) The Missouri Department of Natural Resources (MoDNR) maintains authority for implementation of all standards incorporated by reference in subsection (3)(A) of this rule. The table below lists the subparts of 40 CFR 63 incorporated by reference in subsection (3)(A) of this rule, including the primary agency responsible for enforcement of the standard:

Subpart Title Primary Regulating Agency F National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry G National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater H National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks I National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks J National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers L National Emission Standards for Coke Oven Batteries MoDNR M National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities N National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks O Ethylene Oxide Emissions Standards for Sterilization Q National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers R National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)

S National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry T National Emission Standards for Halogenated Solvent Cleaning U National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins W National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non- Nylon Polyamides Production X National Emission Standards for Hazardous Air Pollutants From Secondary Lead Smelting Y National Emission Standards for Marine Tank Vessel Loading Operations AA National Emission Standards for Hazardous Air Pollutants from Phosphoric Acid Manufacturing BB National Emission Standards for Hazardous Air Pollutants from Phosphate Fertilizers Production CC National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries DD National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations EE National Emission Standards for Magnetic Tape Manufacturing Operations GG National Emission Standards for Aerospace Manufacturing and Rework Facilities HH National Emission Standards for Hazardous Air Pollutants From Oil and Natural Gas Production II National Emission Standards for Shipbuilding and Ship Repair (Surface Coating)

JJ National Emission Standards for Wood Furniture Manufacturing Operations KK National Emission Standards for the Printing and Publishing Industry LL National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction Plants MM National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills NN National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing at Area OO National Emission Standards for Tanks—Level 1 MoDNR PP National Emission Standards for Containers MoDNR QQ National Emission Standards for Surface Impoundments RR National Emission Standards for Individual Drain Systems SS National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process TT National Emission Standards for Equipment Leaks— Control Level 1 UU National Emission Standards for Equipment Leaks— Control Level 2 Standards VV National Emission Standards for Oil-Water Separators and Organic-Water Separators WW National Emission Standards for Storage Vessels (Tanks)—Control Level 2 XX National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations YY National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards CCC National Emission Standards for Hazardous Air Pollutants for Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration Plants DDD National Emission Standards for Hazardous Air Pollutants for Mineral Wool Production EEE National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors GGG National Emission Standards for Pharmaceuticals HHH National Emission Standards for Hazardous Air Pollutants From Natural Gas Transmission and Storage Facilities III National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production JJJ National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins LLL National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing MMM National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production NNN National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing OOO National Emission Standards for Hazardous Air Pollutant Emissions: Manufacture of Amino/Phenolic Resins PPP National Emission Standards for Hazardous Air Pollutant Emissions for Polyether Polyols Production QQQ National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting RRR National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production TTT National Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting UUU National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units VVV National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works XXX National Emission Standards for Hazardous Air Pollutants for Ferroalloys Production:

Ferromanganese and Silicomanganese AAAA National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills CCCC National Emission Standards for Hazardous Air Pollutants: Manufacturing of Nutritional Yeast DDDD National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products EEEE National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non- Gasoline)

FFFF National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical GGGG National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil HHHH National Emission Standards for Hazardous Air Pollutants for Wet-Formed Fiberglass Mat Production IIII National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks JJJJ National Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating KKKK National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans MMMM National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products NNNN National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances OOOO National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics and Other Textiles PPPP National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products QQQQ National Emission Standards for Hazardous Air Pollutants: Surface Coating of Wood Building Products RRRR National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture SSSS National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil TTTT National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations UUUU National Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing VVVV National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing WWWW National Emission Standards for Hazardous Air Pollutants: Reinforced Plastic Composites Production XXXX National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing YYYY National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines ZZZZ National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines EPA (Area (Major AAAAA National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants BBBBB National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing CCCCC National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks DDDDD National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters EEEEE National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries FFFFF National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing Facilities GGGGG National Emission Standards for Hazardous Air Pollutants: Site Remediation HHHHH National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing IIIII National Emission Standards for Hazardous Air Pollutants: Mercury Emissions From Mercury Cell Chlor-Alkali Plants JJJJJ National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products KKKKK National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing LLLLL National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing MMMMM National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations NNNNN National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production PPPPP National Emission Standards for Hazardous Air Pollutants for Engine Test Cells/Stands QQQQQ National Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing RRRRR National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing SSSSS National Emissions Standards for Hazardous Air Pollutants for Refractory Products Manufacturing TTTTT National Emissions Standards for Hazardous Air Pollutants for Primary Magnesium Refining UUUUU National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units WWWWW National Emission Standards for Hospital Ethylene Oxide Sterilizers YYYYY National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities ZZZZZ National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources BBBBBB National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities CCCCCC National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing DDDDDD National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources EEEEEE National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting Area Sources FFFFFF National Emission Standards for Hazardous Air Pollutants for Secondary Copper Smelting Area GGGGGG National Emission Standards for Hazardous Air Pollutants for Primary Nonferrous Metals Area Sources—Zinc, Cadmium, and Beryllium HHHHHH National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources JJJJJJ National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers Area Sources LLLLLL National Emission Standards for Hazardous Air Pollutants for Acrylic and Modacrylic Fibers Production Area Sources MMMMMM National Emission Standards for Hazardous Air Pollutants for Carbon Black Production Area Sources NNNNNN National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources:

Chromium Compounds OOOOOO National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production and Fabrication Area Sources PPPPPP National Emission Standards for Hazardous Air Pollutants for Lead Acid Battery Manufacturing Area QQQQQQ National Emission Standards for Hazardous Air Pollutants for Wood Preserving Area Sources RRRRRR National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing Area SSSSSS National Emission Standards for Hazardous Air Pollutants for Glass Manufacturing Area Sources TTTTTT National Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals Processing Area Sources VVVVVV National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources WWWWWW National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations XXXXXX National Emission Standards for Hazardous Air Pollutants Area Source Standards for Nine Metal Fabrication and Finishing Source Categories YYYYYY National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production ZZZZZZ National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries AAAAAAA National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing BBBBBBB National Emission Standards for Hazardous Air Pollutants for Area Sources: Chemical Preparations CCCCCCC National Emission Standards for Hazardous Air Pollutants for Area Sources: Paints and Allied Products Manufacturing DDDDDDD National Emission Standards for Hazardous Air Pollutants for Area Sources: Prepared Feeds EEEEEEE National Emission Standards for Hazardous Air Pollutants: Gold Mine Ore Processing and Production Area Source Category HHHHHHH National Emission Standards for Hazardous Air Pollutant Emissions for Polyvinyl Chloride and Copolymers Production (4) Reporting. Reporting requirements are specified in each (5) Test Methods. Test methods are specified in each federal

regulation incorporated by reference. filed May 1, 1996, effective Dec. 30, 1996. Amended: Filed April 14, 1998, effective Nov. 30, 1998. Amended: Filed March 15, 1999, effective Oct. 30, 1999. Amended: Filed July 30, 1999, effective March 30, 2000. Amended: Filed May 15, 2000, effective Dec. 30, 2000. Amended: Filed Jan. 31, 2002, effective Sept. 30, 2002.

Amended: Filed Feb. 14, 2003, effective Oct. 30, 2003. Amended:

Filed Feb. 17, 2005, effective Nov. 30, 2005. Amended: Filed May 2, 2006, effective Dec. 30, 2006. Amended Filed Dec. 6, 2006, effective Aug. 30, 2007. Amended: Filed March 25, 2008, effective Nov. 30, 2008. Amended: Filed Sept. 24, 2009, effective May 30, 2010.

Amended: Filed June 18, 2010, effective Feb. 28, 2011. Amended:

Filed July 1, 2011, effective Feb. 29, 2012. Amended: Filed May 15, 2012, effective Dec. 30, 2012. Amended: Filed May 7, 2013, effective Dec. 30, 2013. Amended: Filed Oct. 7, 2016, effective July 30, 2017.

Amended: Filed May 15, 2018, effective Feb. 28, 2019. Amended:

Filed Nov. 25, 2019, effective Sept. 30, 2020. Amended: Filed Dec. 30, 2024, effective Sept. 30, 2025. *Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011, 2022.

##### **10 CSR 10-6.080** Emission Standards for Hazardous Air Pollutants {#sec-10-csr-10-6.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.080}

PURPOSE: This rule incorporates by reference the maximum achievable control technology regulations in 40 CFR 61. This provides the Missouri Department of Natural Resources the

(1) Applicability. This rule applies to sources subject to 40 CFR 61 subparts incorporated by reference in subsection (3)(A) of (2) Definitions. Certain terms used in 40 CFR 61 refer to federal (A) Director is substituted for Administrator;

(B) Missouri Department of Natural Resources is substituted (C) Missouri Register is substituted for Federal Register.

(3) General Provisions.

(A) Incorporations by Reference.

1. The provisions of 40 CFR 61 promulgated as of July 1, 2024, are hereby incorporated by reference in this rule, as

part-61?toc=1 or for mail orders, print and fill out an order St. Louis, MO 63197-9000. This rule does not incorporate any 2. Exceptions to paragraph (3)(A)1. of this rule are— A. Those provisions which are not delegable by the U.S.

Environmental Protection Agency (EPA);

B. Sections 61.04, 61.16, and 61.17 of subpart A;

C. Subpart B;

D. Subpart H;

E. Subpart I;

F. Subpart K;

G. Subpart Q;

H. Subpart R;

I. Subpart T; and J. Subpart W.

(B) The subparts of 40 CFR 61 incorporated by reference in subsection (3)(A) of this rule are—

Subpart Title C National Emission Standard for Beryllium D National Emission Standard for Beryllium Rocket Motor Firing E National Emission Standard for Mercury F National Emission Standard for Vinyl Chloride J National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene L National Emission Standard for Benzene Emissions from Coke By- Product Recovery Plants M National Emission Standard for Asbestos N National Emission Standard for Inorganic Arsenic Emissions From Glass O National Emission Standard for Inorganic Arsenic Emissions From Primary Copper Smelters P National Emission Standard for Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities V National Emission Standard for Equipment Leaks (Fugitive Emission Y National Emission Standard for Benzene Emissions From Benzene Storage Vessels BB National Emission Standard for Benzene Emissions From Benzene Transfer Operations FF National Emission Standard for Benzene Waste Operations (4) Reporting. Reporting requirements are specified in each (5) Test Methods. Test methods are specified in each federal

regulation incorporated by reference. filed Dec. 10, 1979, effective April 11, 1980. Amended: Filed Feb. 9, 1981, effective July 11, 1981. Amended: Filed Dec. 10, 1981, effective June 11, 1982. Amended: Filed Jan. 12, 1983, effective June 11, 1983.

Amended: Filed Feb. 14, 1984, effective July 12, 1984. Amended:

Filed June 4, 1985, effective Oct. 26, 1985. Amended: Filed June 5, 1986, effective Sept. 26, 1986. Amended: Filed Feb. 4, 1987, effective May 28, 1987. Amended: Filed April 2, 1987, effective Aug. 27, 1987.

Amended: Filed March 2, 1988, effective June 27, 1988. Amended:

Filed June 6, 1989, effective Oct. 27, 1989. Amended: Filed May 1, 1992, effective Feb. 26, 1993. Amended: Filed March 25, 1993, effective Nov. 8, 1993. Amended: Filed June 30, 1994, effective Feb. 26, 1995. Amended: Filed Sept. 14, 1995, effective May 30, 1996.

Amended: Filed July 15, 1997, effective Feb. 28, 1998. Amended:

Filed March 15, 1999, effective Oct. 30, 1999. Amended: Filed July 30, 1999, effective March 30, 2000. Amended: Filed May 15, 2000, effective Dec. 30, 2000. Amended: Filed Jan. 31, 2002, effective Sept. 30, 2002. Amended: Filed Feb. 14, 2003, effective Oct. 30, 2003.

Amended: Filed Feb. 17, 2005, effective Nov. 30, 2005. Amended:

Filed May 2, 2006, effective Dec. 30, 2006. Amended: Filed Dec. 6, 2006, effective Aug. 30, 2007. Amended: Filed March 25, 2008, effective Nov. 30, 2008. Amended: Filed Sept. 24, 2009, effective May 30, 2010. Amended: Filed June 18, 2010, effective Feb. 28, 2011. Amended: Filed July 1, 2011, effective Feb. 29, 2012. Amended:

Filed May 15, 2012, effective Dec. 30, 2012. Amended: Filed May 7, 2013, effective Dec. 30, 2013. Amended: Filed Oct. 7, 2016, effective July 30, 2017. Amended: Filed May 15, 2018, effective Feb. 28, 2019.

Amended: Filed Nov. 25, 2019, effective Sept. 30, 2020. Amended:

Filed Dec. 30, 2024, effective Sept. 30, 2025. *Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011, 2022.

**History**
- *authority to implement and enforce these U.S. Environmental Protection Agency regulations.*

##### **10 CSR 10-6.090** Restriction of Emission of Fluorides From Primary Aluminum Reduction Installations {#sec-10-csr-10-6.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.090}

PURPOSE: This rule establishes the maximum allowable rate of primary (stack) emissions of total fluorides from primary aluminum reduction installations, except where New Source Performance Standards apply (as provided in 10 CSR 10-6.070).

Fugitive emissions (those escaping the primary collection system) for installations of the type found in Missouri have been determined to be small, due to the efficiencies of the primary collection systems and are not otherwise regulated.

(1) Application. This rule shall apply to primary (stack) emissions of total fluoride from potroom groups and anode bake plants within a primary aluminum reduction installation constructed before August 13, 1981.

(2) Definitions of words or phrases used in this rule may be (3) Maximum allowable emission of total fluorides. Primary (stack) emissions of total fluorides from any primary aluminum reduction installation shall not exceed 1.25 kilograms/metric ton (2.5 pounds/ton) of aluminum produced.

(4) Time Schedule for Compliance. All sources subject to this

rule shall comply by the schedule set forth as follows:

Installation of air pollution control equipment completed September 1, 1981;

Start-up period completed December 1, 1981;

Compliance testing completed December 31, 1981.

(5) Monitoring of Operations.

(A) The owner or operator of any primary aluminum reduction installation subject to the requirements of this rule shall maintain and operate weighing devices which can be used to monthly determine the weight of aluminum produced.

The weighing devices shall have an accuracy of plus or minus five percent (±5%) over their operating range.

(B) The owner or operator of any affected primary aluminum reduction installation shall maintain a record of the daily production rates of aluminum. These records shall be retained by the owner or operator for a minimum of two (2) years.

(6) Performance Testing. Compliance with the requirements of this rule shall be determined as set forth in 10 CSR 10-6.030(13), Method 13A or 13B.

**History**
- *AUTHORITY: section 643.050, RSMo Supp. 1992. Original rule filed March 11, 1981, effective Aug. 13, 1981. Original authority: 643.050, RSMo 1965, amended 1972.*

##### **10 CSR 10-6.100** Alternate Emission Limits {#sec-10-csr-10-6.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.100}

**History**
- *AUTHORITY: section 643.050, RSMo 2000. Original rule filed June 14, 1982, effective Dec. 11, 1982. Amended: Filed Nov. 14, 2002, effective July 30, 2003. Amended: Filed Oct. 15, 2008, effective July 30, 2009. Rescinded: Filed Jan. 4, 2018, effective Sept. 30, 2018.*

##### **10 CSR 10-6.110** Reporting Emission Data, Emission Fees, and Process Information {#sec-10-csr-10-6.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.110}

PURPOSE: This rule provides procedures for reporting emission related information and establishing emission fees for the purpose of state air resource planning.

(1) Applicability. This rule applies to any installation that is subject to any one (1) of the following:

(A) Notifies and accepts a permit-by-rule under 10 CSR 10- 6.062;

(B) Is required to obtain a construction permit under 10 CSR 10-6.060; or (C) Is required to obtain an operating permit under 10 CSR 10-6.065.

(2) Definitions.

(A) Capture efficiency—The fraction of all organic vapors or other pollutants generated by a process that is directed to a control device.

(B) Emission inventory—A listing of information on the location, type of source, type and quantity of pollutant emitted, as well as other parameters of the emissions.

(C) Missouri Emissions Inventory System (MoEIS)—Online interface of the state of Missouri’s air emissions inventory database.

(D) Point source—Large, stationary (nonmobile), identifiable source of emissions that releases pollutants into the atmosphere.

A point source is an installation that is either— 1. A major source under 40 CFR part 70 for the pollutants for which reporting is required; or 2. A holder of an intermediate operating permit.

(E) Reportable pollutants—The regulated air pollutants at the process level required for emission inventory reporting as summarized in Table 1 of this rule.

(F) Reporting threshold—Minimum amount of reportable emissions at the emission unit level that requires reporting as summarized in Table 1. of this rule. Emissions below this amount may be designated as insignificant on the Full Emissions Report. Any emission unit included in an operating permit issued pursuant to 10 CSR 10-6.065 or a construction permit issued pursuant to 10 CSR 10-6.060, even those with insignificant emissions, shall be included in the report. Also, any emission unit, even those not included in a construction or operating permit, must be included in the report if its emissions during the reporting period are above the levels listed in Table 1.

(G) Reporting year—Twelve- (12-) month calendar year ending December 31. The reporting requirement for installations with three- (3-) year reporting cycles begins with the 2011 reporting year. The subsequent reporting years will be every three (3) years following 2011 (i.e., 2014, 2017, 2020, etc.).

(H) Small source—An installation subject to this rule but not a point source as defined in this section of the rule.

(I) Definitions of certain terms specified in this rule, other than those specified in this rule section, may be found in 10 TABLE 1. Reportable Pollutants with Reporting Thresholds Process Level Reportable Pollutants Emission Unit Level Reporting Threshold Point SourcesSmall SourcesTonsPounds fil PMcon pri0.438876 fil PMcon pri0.438876 12000 12000 VOC0.438876 CO12000 Category One (1) HAP 0.01 Category Two (2) HAP 0.1 NH 0.438876 0.01 Category One (1) Hazardous Air Pollutant (HAP) chemicals include Polycyclic Organic Matter, Arsenic Compounds, Lead Compounds, Chromium Compounds, Mercury Compounds (Alkyl and Aryl), Mercury Compounds (Inorganic), Nickel Compounds, Chlordane, Benzene, Methoxychlor, Vinyl Chloride, Heptachlor, Benzidine, Butadiene (1,3-), Chloromethyl Methyl Ether, Hexachlorobenzene, Bis(chloromethyl)ether, Asbestos, Polychlorinated Biphenyls, Trifluralin, Tetrachlorodibenzo-P- Dioxin (2,3,7,8-), Toxaphene, 1-Bromopropane (1-BP), and Coke Oven Emissions.

Category Two (2) HAP chemicals are those defined in 10 CSR 10-6.020 that are not included in the list of Category One (1)

HAP chemicals.

(3) General Provisions.

(A) Fees. Fee information is listed in 10 CSR 10-6.025(6).

(B) Emission Estimation Calculation and Verification.

1. The method of determining an emission factor, capture efficiency, or control efficiency for use in the emissions report shall be consistent with the installation’s applicable permit.

Variance from this method shall be based on the hierarchy described below. If data is not available for an emission estimation method or an emission estimation method is impractical for a source, then the subsequent emission estimation method shall be used in its place— A. Continuous Emission Monitoring System (CEMS) as specified in subparagraph (3)(B)2.A. of this rule;

B. Stack tests as specified in subparagraph (3)(B)2.B. of C. Material/mass balance;

D. AP-42 (Environmental Protection Agency (EPA)

Compilation of Air Pollution Emission Factors) or FIRE (Factor Information and Retrieval System) as published by EPA August 2023 and August 2021, respectively, and hereby incorporated Road, Springfield, VA 22161. This rule does not incorporate any subsequent amendments or additions;

E. Other EPA documents as specified in subparagraph (3)

(B)2.C. of this rule;

F. Sound engineering or technical calculations; or G. Facilities shall obtain department approval of emission estimation methods other than those listed in subparagraphs (3)(B)1.A.–F. of this rule before using any such method to estimate emissions in the submission of an emissions report.

2. The director reserves the authority to review and approve all emission estimation methods used to calculate emissions for the purpose of filing an emissions report for accuracy, reliability, and appropriateness. Inappropriate usage of an emission factor or method shall include but is not limited to varying from the method used in permit without prior approval, using emission factors not representative of a process, using equipment in a manner other than that for which it was designed in calculating emissions, or using a less accurate emission estimation method for a process when a facility has more accurate emission data available. Additional requirements for the use of a specific emission estimation method include— A. Continuous Emission Monitoring System (CEMS).

(I) CEMS must be shown to have met applicable performance specifications during the period for which data is being presented.

(II) CEMS data must be presented in the units which the system was designed to measure. Additional data sets used to extrapolate CEMS data must have equal or better reliability for such extrapolation to be acceptable.

(III) When using CEMS data to estimate emissions, the data must include all parameters (i.e., emission rate, gas flow rate, etc.) necessary to accurately determine the emissions. CEMS data which does not include all the necessary parameters must be reviewed and approved by the director or local air pollution control authority before it may be used to estimate emissions;

B. Stack tests.

(I) Stack tests must be conducted on the specific equipment for which the stack test results are used to estimate (II) Stack tests must be conducted according to the methods cited in 10 CSR 10-6.030, unless an alternative method has been approved in advance by the director or local air pollution control authority.

(III) Stack tests will not be accepted unless the choice of test sites and a detailed test plan have been approved in advance by the director or local air pollution control authority.

(IV) Stack tests will not be accepted unless the director or local air pollution control authority has been notified of test dates at least thirty (30) days in advance and thus provided the opportunity to observe the testing. This thirty- (30-) day notification may be reduced or waived on a case-by-case basis by the director or local air pollution control authority.

(V) Stack test results which do not meet all the criteria of parts (3)(B)2.B.(I)–(IV) of this rule may be acceptable for estimating emissions but must be submitted for review and approval by the director or local air pollution control authority on a case-by-case basis; and C. Other EPA documents may be used to estimate emissions if the emission factors are more appropriate or source specific than AP-42 or FIRE. Newly developed EPA emission factors must be published by December 31 of the year for which the facility is submitting an emissions report.

(C) Emission Data and Fee Auditing and Adjustment.

1. The department may conduct detailed audits of emissions reports and supporting documentation as the director deems necessary. A minimum seven- (7-) day notice must be provided to the installation to prepare documentation if this audit is done on-site.

2. The department may make emission fee adjustments when any of the following applies:

A. Clerical or arithmetic errors have been made;

B. Submitted documentation is not supported by inspections or audits;

C. Emissions estimates are modified as a result of emission verification or audits;

D. Credit has been incorrectly applied for an emissions fee paid to a local air pollution control agency; or E. Emission estimation calculation varies from the methods described in subsection (3)(B) of this rule.

3. The department is not limited by subparagraphs (3)

(C)2.A.–E. of this rule in making emission fee adjustments.

4. Adjustments to data and fees will be subject to a three- (3-) year statute of limitations unless it is— A. Due to a willful failure to report emissions or fraudulent representation for which there shall be no statute of limitations; or B. Adjustment of emissions is based on a permitting action under 40 CFR 52.21 for which an adjustment of fees is required to all years of emission data changed up to a maximum of ten (10) years. 40 CFR 52.21 was promulgated as of July 1, 2023, and is hereby incorporated by reference as published by the Office of the Federal Register. Copies can be obtained from the U.S. Government Publishing Office at https://bookstore.gpo.

St. Louis, MO 63197-9000. This rule does not incorporate any subsequent amendments or additions. If approved, fees in effect at the time will be due, but no credit will be applied at the emission unit level.

(D) Public Availability of Emission Data and Process Information. Any information obtained pursuant to the rule(s) of the Missouri Air Conservation Commission that would not be entitled to confidential treatment under 10 CSR 10-6.210 shall be made available to any member of the public upon request.

(4) Reporting and Recordkeeping. All data collected and recorded in accordance with the provisions of this rule shall be retained by the owner or operator for not less than five (5) years after the end of the calendar year in which the data was collected, and all these records shall be made available upon the director’s request.

(A) The owner or operator of an installation that is subject to this rule shall collect information as required in this section of the rule. The information required in the emissions report is listed in Table 2. of this rule. All data elements must be reported initially, and only changed data elements must be reported subsequently. To ensure permit consistency, the Air Pollution Control Program Emissions Inventory Unit will provide assistance to identify and quantify the data elements in Table 2. of this rule.

Table 2. Data Elements 1.Inventory year 2.Contact name 3.Contact phone number 4.Federal Information Processing Standard (FIPS) County Code 5.Installation plant ID code 6.Emission unit ID 7.Stack ID 8.Site name 9.Physical address 10.Source Classification Code (SCC) 11.Heat content (fuel) (annual average) 12.Ash content (fuel) (annual average) 13.Sulfur content (fuel) (annual average) 14.Reportable pollutant 15.Activity level/throughput 16.Annual emissions 17.Emission factor, with method 18.Winter throughput (percent) 19.Spring throughput (percent) 20.Summer throughput (percent) 21.Fall throughput (percent) 22.Hr/day in operation 23.Days/wk in operation 24.Wks/yr in operation 25.Stack height 26.Stack diameter 27.Exit gas temperature 28.Exit gas velocity 29.Exit gas flow rate 30.Capture efficiency (percent) 31.Control efficiency (percent) 32.Control device type and ID 33.Emission release point type 34.Maximum Hourly Design Rate (MHDR)

(B) Types and Frequency of Reporting. The requirements in this subsection are summarized in Table 3. of this rule.

1. All sources (part 70, intermediate, and small) must submit a Full Emissions Report for the first full calendar year of operation and, for point sources, a Full Emissions Report is required for an initial partial year of operation.

2. Starting with reporting year 2011, subsequent years of operation reports or forms shall be submitted as follows:

A. Part 70 sources must continue to submit a Full Emissions Report annually;

B. Intermediate sources must submit a Full Emissions Report every third year after 2011 (subsequent years 2014, 2017, 2020, etc.) and may submit a Reduced Reporting Form in other years unless either or both of the following apply:

(I) Any change in installation-wide emissions subject to fees of plus or minus five (5) tons or more since the last Full Emissions Report submitted requires a Full Emissions Report for that year; and (II) A construction permit action issued under 10 CSR 10-6.060 section (5) or (6) requires a Full Emissions Report for the first full year the affected permitted equipment operates;

C. Small sources may submit a Reduced Reporting Form for all subsequent years after a Full Emissions Report unless either or both of the following apply:

(I) Any change in installation-wide emissions subject to fees of plus or minus five (5) tons or more since the last Full Emissions Report submitted requires a Full Emissions Report for that year; and (II) A construction permit action issued under 10 CSR 10-6.060 section (5) or (6) requires a Full Emissions Report for the first full year the affected permitted equipment operates.

3. An installation may choose to complete a Full Emissions Report in any year.

(C) Submittal Requirements.

1. The Full Emissions Report shall be submitted either electronically via MoEIS, which requires Form 1.0 signed by an authorized company representative, or on Emissions Inventory Questionnaire (EIQ) paper forms on the frequency specified in Table 3. of this rule. Alternate methods of reporting the emissions, such as a spreadsheet file, can be submitted for approval by the director.

2. An installation that does not submit a Full Emissions Report is required to submit a Reduced Reporting Form, which is due April 1 after each reporting year.

3. The Full Emissions Report is due April 1 after each reporting year. If the Full Emissions Report is filed electronically via MoEIS, this due date is extended to May 1.

4. The installation owner or operator of record on December 31 of the reporting year is responsible for the emissions report and associated fees for the entire reporting year.

5. If there is no production from an installation in a reporting year, no emission fees are due for that year but notice of such status must be provided to the director in writing by the emissions report due date of April 1.

6. If an installation is out of business, the final emissions report required will be for the full or partial year the installation went out of business. Notice of such status must be provided to the director in writing by the emissions report due date of April 1.

(5) Test Methods. (Not Applicable)

Original rule filed June 13, 1984, effective Nov. 12, 1984. Amended:

Filed April 2, 1987, effective Aug. 27, 1987. Amended: Filed May 14, 1993, effective Jan. 31, 1994. Amended: Filed Sept. 2, 1993, effective May 9, 1994. Amended: Filed May 15, 1995, effective Dec. 30, 1995. Amended: Filed May 15, 1997, effective Dec. 30, 1997.

Amended: Filed May 12, 1998, effective Dec. 30, 1998. Amended:

Filed May 14, 1999, effective Dec. 30, 1999. Amended: Filed April 6, 2000, effective Nov. 30, 2000. Amended: Filed June 1, 2001, effective Dec. 30, 2001. Amended: Filed Jan. 16, 2002, effective Aug. 30, 2002. Amended: Filed May 15, 2003, effective Dec. 30, 2003.

Amended: Filed May 17, 2004, effective Dec. 30, 2004. Amended:

Filed May 16, 2005, effective Dec. 30, 2005. Amended: Filed May 11, 2006, effective Dec. 30, 2006. Amended: Filed May 14, 2007, effective Dec. 30, 2007. Amended: Filed May 19, 2008, effective Dec. 30, 2008. Amended: Filed Jan. 21, 2010, effective Sept. 30, 2010. Amended: Filed March 13, 2013, effective Oct. 30, 2013.

Amended: Filed Sept. 2, 2014, effective March 30, 2015. Amended:

Filed April 13, 2018, effective Jan. 30, 2019. Amended: Filed July 15, 2020, effective March 30, 2021. Amended: Filed June 13, 2024, effective Feb. 28, 2025. Amended: Filed Nov. 13, 2025, effective July 30, 2026. *Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011, 2022,

##### **10 CSR 10-6.120** Restriction of Emissions of Lead From Specific Lead Smelter-Refinery Installations {#sec-10-csr-10-6.120 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.120}

PURPOSE: This rule establishes maximum allowable rates of emissions of lead from stacks in specific lead-smelter installations, except where New Source Performance Standards apply (as provided in 10 CSR 10-6.070). It also provides for the operation and maintenance of equipment and procedures specific to controlling lead emissions to the ambient air, both from stacks and from the fugitive emissions that escape stack collection systems at these installations.

(1) Applicability.

(A) This rule applies to existing installations in Missouri engaged in specific smelting and refining for the production of lead.

(B) Operation and Maintenance of Lead Emissions Control Equipment and Procedures. The owner or operator of any specific lead smelter shall operate and maintain all lead emissions control equipment and perform all procedures as required by this rule.

(2) Definitions. Definitions of certain terms specified in this

rule, other than those specified in this rule section, may be (3) General Provisions.

(A) Operational Malfunction.

1. The owner or operator shall maintain a file which identifies the date and time of any significant malfunction of plant process operations or of emission control equipment which results in increased lead emissions. The file also shall contain a description of any corrective action taken, including TABLE 3. Summary of Types and Frequency of Reporting Emission Year Installation Classification20232024202520262027 Years Beyond 2027*

Part 70Full IntermediateFull Small *Reporting requirements for years beyond 2027 are repeated in three- (3-) year cycles (e.g., requirements for years 2028, 2029, and 2030 are the same as years 2025, 2026, and 2027 respectively). the date and time. 10 CSR 10-6.050 Start-Up, Shutdown, and Malfunction Conditions shall apply.

2. All of these files relating to operational malfunction shall be retained for a minimum of two (2) years and, upon request, shall be made available to the director.

(B) Provisions Pertaining to Limitations of Lead Emissions from Specific Installations. Doe Run Resource Recycling Division in Boss, Missouri, shall limit total lead production to one hundred seventy-five thousand (175,000) tons per year.

(C) Provisions Pertaining to Limitations of Lead Emissions From Other Than Stacks at All Installations.

1. The owner or operator shall control fugitive emissions of lead from all process and area sources at an installation by measures described in a work practice manual identified in paragraph (3)(C)2. of this rule. It is a violation of this rule to fail to adhere to the requirements of these work practices.

2. Work practice manual.

A. The owner or operator shall prepare, submit for approval, and then implement a process and area-specific work practice manual that will apply to locations of fugitive lead emissions at the installation.

B. The manual shall be the method of determining compliance with the provisions of this section. Failure to adhere to the work practices in the manual is a violation of C. Any change to the manual proposed by the owner or operator following the initial approval shall be requested in writing to the director. Any proposed change shall demonstrate that the change in the work practice will not lessen the effectiveness of the fugitive emission reductions for the work practice involved. Written approval by the director is required before any change becomes effective in the manual.

D. If the director determines a change in the work practice manual is necessary, the director will notify the owner or operator of that installation. The owner or operator shall revise the manual to reflect these changes and submit the revised manual within thirty (30) days of receipt of notification. These changes shall become effective following written approval of the revised manual by the director.

(4) Reporting and Record Keeping.

(A) The operator shall keep records and files generated by the work practice manual’s implementation.

(B) The work practice manual shall contain the requirement that records of inspections made by the operator of fugitive emissions control equipment such as hoods, air ducts, and exhaust fans be maintained by the operator.

(C) The Doe Run Resource Recycling Division, Boss, Missouri, operator shall keep records that demonstrate compliance with the emissions limitations described in subsection (3)(B) using the sampling methods described in subsection (5)(E) of this rule.

These records shall be maintained on-site in accordance with record keeping and reporting requirements in subsection (5)(E)

(D) Records shall be kept for a minimum of two (2) years at the installation and shall be made available upon request of the director for purposes of determining compliance.

(5) Test Methods.

(A) The method of determining the concentration of visible emissions from stack sources shall be Method 9—Visual Determination of the Opacity of Emissions from Stationary Sources or Method 22—Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares as specified in 10 CSR 10-6.030(22).

(B) The method of measuring lead in stack gases shall be Method 12—Determination of Inorganic Lead Emissions from Stationary Sources as specified in 10 CSR 10-6.030(22).

(C) The method of quantifying the determination of compliance with the emission limitations from stacks in this

rule shall be as follows:

1. Three (3) stack samplings shall be planned to be conducted for any one (1) stack within a twenty-four (24)hour period in accordance with subsection (5)(B) of this

rule. If this cannot be done due to weather, operating, or other preventative conditions that develop during the twentyfour (24)-hour period, then the remaining samplings may be conducted in a reasonable time determined by the director following the twenty-four (24)-hour period;

2. Each stack sample shall have a sampling time of at least one (1) hour;

3. The process(es) producing the emissions to that stack being tested shall be operating at a minimum of ninety percent (90%) of capacity of the process(es) for the full duration of the samplings; and 4. The emission rate to be used for compliance determination shall be quantified by using the following formula:

Ec = T avg lbs per hour × 24 hours = lbs per 24 hours Ec = 24-hour emission rate extrapolated from stack sampling results used for compliance determination; and T avg = Summation of hourly emission rates of three (3) stack sampling results, divided by three (3) for the average hourly rate.

(D) The method of measuring lead in the ambient atmosphere shall be the reference method as specified in 10 CSR 10-6.040(4)

(G).

(E) The methods for demonstrating compliance at the Doe Run Resource Recycling Division in Boss, Missouri, shall be those specified in 40 CFR 63, subpart X. 40 CFR 63, Subpart X promulgated as of July 1, 2018 is hereby incorporated by Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street NW, Washington, DC 20401. or additions.

rule filed Aug. 4, 1988, effective Dec. 29, 1988. Amended: Filed Sept. 5, 1990, effective March 14, 1991. Amended: Filed March 4, 1993, effective Oct. 10, 1993. Amended: Filed Aug. 3, 1993, effective April 9, 1994. Amended: Filed Feb. 16, 1994, effective Aug. 28, 1994.

Amended: Filed Nov. 14, 1995, effective June 30, 1996. Amended:

Filed March 16, 1998, effective Oct. 30, 1998. Amended: Filed Aug. 11, 2000, effective March 30, 2001. Amended: Filed Aug. 6. 2002, effective April 30, 2003. Amended: Filed July 1, 2004, effective March 30, 2005. Amended: Filed Dec. 17, 2008, effective Sept. 30, 2009. Amended: Filed May 9, 2018, effective Feb. 28, 2019. *Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011 and 643.055, RSMo 1979, amended 1992, 1994, 2014.

**History**
- *AUTHORITY: sections 643.050 and 643.055, RSMo 2016. Original*

##### **10 CSR 10-6.130** Controlling Emissions During Episodes of High Air Pollution Potential {#sec-10-csr-10-6.130 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.130}

PURPOSE: This rule specifies the conditions that establish air pollution alert and emergency alert levels and the associated procedures and emissions reduction objectives.

(1) Applicability.

(A) This rule shall apply to all sources and premises throughout the entire state with air emissions that contribute to sulfur dioxide (SO ), carbon monoxide (CO), ozone (O ), nitrogen dioxide (NO ), or Particulate Matter—10 Micron (PM and 2.5 Micron (PM (B) The boundaries of the affected area shall be determined at the discretion of the director in accordance with the nature and magnitude of the pollutant concentrations and meteorological conditions that cause the alert.

(2) Definitions. Definitions of certain terms specified in this rule (3) General Provisions.

(A) Air Pollution Alerts.

1. The Air Quality Index shall be reported to the general public on a daily basis by all metropolitan statistical areas with a population exceeding three hundred fifty thousand (350,000).

2. Alert levels for applicable air pollutants are stated in terms of the Air Quality Index (AQI) as defined in 40 CFR 58,

Appendix G. Table A shows the relation of the AQI ranges to alert categories.

3. Alert types and levels of initiation. If an AQI value falls within the AQI range listed in Table A of this rule, the corresponding alert color shall be initiated.

4. Declaration of alerts. An orange alert, red alert, purple alert, or maroon emergency alert may be declared on the basis of deteriorating air quality alone; an Air Stagnation Advisory need not be in effect. The appropriate alert level should be declared by the director as ambient monitoring would indicate.

5. Termination of alerts. When, in the judgment of the director, meteorological conditions and pollutant concentrations warrant discontinuance of any alert condition, the director shall notify the technical staff, the chairman, and members of the Missouri Air Conservation Commission that the alert has been discontinued and issue a public notice to that effect.

(B) Conditions. This subsection provides conditions that establish alert level categories.

Table A AQI AQI Alert Category Alert Color 0–50 Good Green 51–100 Moderate Yellow 101–150 Unhealthy for Sensitive groups Orange 151–200 Unhealthy Red 201–300 Very Unhealthy Purple 301–400 Hazardous Maroon 401–500 Hazardous Maroon (C) Procedures. This subsection establishes procedures for addressing alert level conditions.

Table B Conditions for Alert Level Categories Orange (101-150) Red (151-200) Purple (201-300) Maroon (301-500) within the affected area, unless there is a current forecast of meteorological improvement within the next twenty-four (24) hours. -- and -- Meteorological conditions are such that the conditions can be expected to remain or reoccur in this alert level range during the next twentyfour (24) or more hours or increase unless control actions are taken. within the affected area, unless there is a current forecast of meteorological improvement within the next twenty-four (24) hours. -- and -- Meteorological conditions are such that the conditions can be expected to remain or reoccur in this alert level range during the next twentyfour (24) or more hours or increase unless control actions are taken. within the affected area. within the affected area. arithmetic mean for twelve (12) consecutive hours and an Air Stagnation Advisory is in effect. arithmetic mean for twelve (12) consecutive hours and a forecast of stagnation for the following twelve (12) hours is received.

The red alert AQI value is arithmetic mean for twentyfour (24) consecutive hours and a forecast of stagnation for the following twelve (12) hours is received.

The purple alert AQI value is arithmetic mean for twentyfour (24) consecutive hours and a forecast of stagnation for the following twelve (12) hours is received.

The red alert AQI value is arithmetic mean for thirty-six (36) consecutive hours and a forecast of stagnation for the following twelve (12) hours is received.

Table C Procedures Red (151-200) Purple (201-300) Maroon (301-500) exceeding one (1) hour with continual hourly review at a central control location, if this equipment is available and it is deemed necessary by the exceeding one (1) hour with continual hourly review at a central control location, if this equipment is available and it is deemed necessary by the exceeding one-half (1/2) hour with continual half-hour review at a central control location, if this equipment is available and it is deemed necessary by the director.

All open burning shall cease throughout the affected area.

All open burning and incineration shall cease throughout the affected area.

All open burning and incineration shall cease throughout the affected area.

The general public shall be requested through the news media to restrict the unnecessary use of motor vehicles.

The general public shall be told through the news media that local vehicular traffic shall avoid certain areas and all unnecessary use of motor vehicles is restricted. Nonlocal vehicular traffic may be diverted around the affected area depending upon which pollutant(s) caused the existing conditions.

The use of motor vehicles is prohibited except in emergencies with the approval of local or state police.

Airlines operating within the purple alert area shall be notified that those conditions exist and that a reduction of flights out of the airport may be required.

All airplane flights originating within the area of the maroon emergency alert shall be cancelled.

If requested by the director, facilities that are sources of air contaminant emissions are required to file alert plans in accordance with section (4) of this rule and shall be prepared to implement the plan upon notification by the director in the event of a purple alert.

If requested by the director, facilities that are sources of air contaminant emissions are required to file alert plans in accordance with section (4) of this rule and shall be prepared to implement the plan upon notification by the director in the event of a maroon emergency alert.

All places of employment described as follows shall immediately cease operation during a maroon emergency alert: mining and quarrying; contract construction work; wholesale trade establishments; schools and libraries; governmental agencies except those needed to administer the air pollution alert program and other essential agencies determined by the director to be vital for public safety and welfare and needed to administer the provisions of this rule; retail trade stores except those dealing primarily in sale of food or pharmacies; banks, real estate agencies, insurance offices, and similar business; laundries, cleaners and dryers, beauty and barber shops, and photographic studios; amusement, recreational, gaming, and entertainment service establishments; automobile repair and automobile service garages; and advertising offices, consumer credit reporting, adjustment and collection agencies, printing and duplicating services, rental agencies, and commercial testing laboratories.

All manufacturing facilities except those required to submit alert plans shall institute action that will result in maximum reduction of air contaminants from their operations by ceasing, curtailing, or postponing operations to the extent possible without causing injury to persons or damage to equipment.

(4) Reporting and Record Keeping. Facilities that are sources of air contaminant emissions and required to file alert plans per Table C of this rule shall file purple and maroon alert plans with the director within sixty (60) days of the director’s request.

Alert plans shall— (A) Address the objectives provided in Tables D, E, and F; and (B) Include the planning necessary for implementation.

Updates to alert plans, including requests for rescissions, shall be provided when changes to operations necessitate.

Table D Purple Alert (201-300) Plan Objectives Electric power generating facilitiesReduction of emissions by diverting electric power generation to Process steam generatingfacilitiesReduction of steam load demands consistent with continuing the operation of the plant. ash and sulfur content. If applicable, soot blowingand boiler Reduction of heat load demands for processing to a minimum.

Reduction of air contaminant emissions by curtailing, postponing, or deferring production and allied operations. Stoppage of all trade Reduction of heat load demands for processing to a minimum.

Reduction of air contaminant emissions by curtailing, postponing, or deferring production and allied operations. Stoppage of all trade Private, public, and commercial operationsFor refuse disposal,stoppage of all open burning including disposal TransportationSeeTable C of this rulefor motor vehicle restrictions.

Table E Maroon Emergency Alert (301-400) Plan Objectives Electric power generating facilities Reduction of emissions by diverting electric power generation to Process steam generating facilities If applicable, obtain maximum reduction of air contaminant emissions by utilization of fuels having the lowest ash and sulfur content.

If applicable, maximize use of periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.) for soot blowing and boiler lancing.

Maximum reduction of air contaminant emissions by, if necessary, postponing production and allied operations. Stoppage of all trade Maximum reduction of air contaminant emissions by, if necessary, postponing production and allied operations. Stoppage of all trade Private, public, and commercial operations For refuse disposal, stoppage of all open burning including disposal Transportation See Table C of this rule for motor vehicle restrictions.

Table F Maroon Emergency Alert (401-500) Plan Objectives Electric power generating facilitiesReduction of emissions by diverting electric power generation to Process steam generatingfacilitiesMaximum reduction of air contaminant emissions by reducing heat and steam load demands to values consistent with preventing equipment damage.

If applicable, maximize use of periods of high atmospheric turbulence (12:00 noon to 4:00 p.m.) forsoot blowing and boiler lancing.

Elimination of air contaminant emissions from the manufacturing operations by ceasing, curtailing, postponing, or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment.

Elimination of air contaminant emissions from the manufacturing operations by ceasing, curtailing, postponing, or deferring production and allied operations to the extent possible without causing injury to persons or damage to equipment.

Private, public, and commercial operationsFor refuse disposal, stoppage of all open burning including disposal The following places of employment, if notified by the director, immediately shall cease operations: mining and quarrying operations; construction projects except as required to avoid emergent physical harm; manufacturing establishments except those required to have in force an air pollution alert plan; wholesale trade establishments; governmental units, except as required to implement the provisions of this rule and other operations essential to immediate protection of the public welfare and safety; retail trade and service establishments except pharmacies, food stores, and other similar operations providing for emergency needs; other commercial service operations, such as those engaged in banking, insurance, real estate, advertising, and the like; educational institutions; and amusement, recreational, gaming, and entertainment facilities.

TransportationSee Table C of this rule for motor vehicle restrictions.

(5) Test Methods. The testing references for Missouri ambient air quality data are as specified in 10 CSR 10-6.040 Reference Methods.

**History**
- *AUTHORITY: section 643.050, RSMo Supp. 2013. Original rule filed May 11, 1984, effective Oct. 11, 1984. Amended: Filed Jan. 5, 1988, effective April 28, 1988. Amended: Filed March 13, 2002, effective Nov. 30, 2002. Amended: Filed Sept. 24, 2009, effective May 30, 2010. Amended: Filed May 7, 2013, effective Dec. 30, 2013.*

##### **10 CSR 10-6.140** Restriction of Emissions Credit for Reduced Pollutant Concentrations From the Use of Dispersion Techniques {#sec-10-csr-10-6.140 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.140}

(Rescinded January 30, 2026)

**History**
- *AUTHORITY: section 643.050, RSMo 2016. Original rule filed Jan. 6, 1986, effective May 11, 1986. Amended: Filed May 1, 2019, effective Jan. 30, 2020. Rescinded: Filed May 15, 2025, effective Jan. 30, 2026.*

##### **10 CSR 10-6.150** Circumvention {#sec-10-csr-10-6.150 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.150}

PURPOSE: This rule prohibits the installation or use of any device or means which conceals or dilutes an emission violating a rule.

(1) No person shall cause or permit the installation or use of any device or any means which, without resulting in reduction in the total amount of air contaminant emitted, conceal or dilute an emission or air contaminant which violates a rule of the Missouri Air Conservation Commission.

**History**
- *AUTHORITY: section 643.050, RSMo Supp. 1992. This rule was previously filed as 10 CSR 10-2.090, 10 CSR 10-4.130 and 10 CSR 10-5.230. Original rule filed April 18, 1990, effective Nov. 30, 1990. Original authority: 643.050, RSMo 1965, amended 1972, 1992.*

##### **10 CSR 10-6.160** Medical Waste and Solid Waste Incinerators Editor’s Note: On March 29, 1993, the Circuit Court of Cole County found that 10 CSR 10-6.160 was void since it exceeds the statutory cost analysis requirements of sections 536.200 and 536.205, RSMo. {#sec-10-csr-10-6.160 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.160}

##### **10 CSR 10-6.161** Commercial and Industrial Solid Waste {#sec-10-csr-10-6.161 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.161}

PURPOSE: This rule incorporates by reference the federal regulatory requirements for existing commercial and industrial solid waste incineration units in Missouri.

(1) Applicability.

(A) This rule applies to commercial and industrial solid waste incinerator (CISWI) units, defined by section (2) of this rule, as 1. Energy recovery units, waste burning kilns, and small remote incinerators that commenced construction on or before June 4, 2010, or commenced modification or reconstruction after June 4, 2010, but no later than August 7, 2013;

2. Other CISWI incinerators that commenced construction on or before November 30, 1999, and were not modified or reconstructed after June 1, 2001; and 3. Other CISWI incinerators that commenced construction after November 30, 1999, but no later than June 4, 2010, or commenced modification or reconstruction on or after June 1, 2001, but no later than August 7, 2013.

(B) If the owner or operator of a CISWI unit makes changes that meet the definition of modification or reconstruction on or after June 1, 2001, the CISWI unit becomes subject to 40 CFR 60 subpart CCCC and the CISWI state plan no longer applies to that unit.

(C) Exemptions to this rule are as follows:

1. This rule does not apply to combustion units listed in 40 CFR 60.2555; and 2. If the owner or operator of a CISWI unit makes physical or operational changes to an existing CISWI unit primarily to comply with the CISWI state plan, 40 CFR 60 subpart CCCC does not apply to that unit because such changes do not qualify as modifications or reconstructions under 40 CFR 60 subpart CCCC.

(2) Definitions. The provisions of 40 CFR 60.2875, promulgated as of July 1, 2022, are hereby incorporated by reference in this rule, as published by the U.S. Government Publishing Office and available at https://bookstore.gpo.gov/ or for mail orders, print and fill out an order form online and mail to U.S.

(3) General Provisions. The following references to the provisions of 40 CFR 60.2575 through 60.2735, 40 CFR 60.2805 through 60.2870, 40 CFR 60 subpart DDDD Tables 1 through 9, 40 CFR 63.1348 through 63.1350, and 40 CFR 60 Appendix B Specifications 12A and 12B, promulgated as of July 1, 2022, apply and said provisions are hereby incorporated by reference in this rule, as published by the U.S. Government Publishing Office and available at https://bookstore.gpo.gov/ or for mail orders, print and fill out an order form online and mail to U.S. amendments or additions:

(A) Increments of Progress—40 CFR 60.2575 through 60.2615 and 40 CFR 60.2815 through 60.2855;

(B) Waste Management Plan—40 CFR 60.2620 through 60.2630;

(C) Operator Training and Qualification—40 CFR 60.2635 through 60.2665;

(D) Emission Limitations and Operating Limits—40 CFR 60.2670 through 60.2680 and 40 CFR 60.2860;

(E) Performance Testing—40 CFR 60.2690 through 60.2695;

(F) Initial Compliance Requirements—40 CFR 60.2700 through 60.2706. If the owner or operator of a waste-burning (K)1.B. of this rule, initial compliance shall be demonstrated pursuant to 40 CFR 63.1348(a)(5). The initial compliance test must begin on the first operating day following completion of the field testing and data collection that demonstrates that the continuous emissions monitoring system has satisfied the relevant performance acceptance criteria of Performance Specifications 12A or 12B in 40 CFR 60 Appendix B. The notification required by 40 CFR 60.2760(a) through (c) shall also include the owner or operators intention to comply with the equivalent production-based mercury emission limit in subparagraph (3)(K)1.B. of this rule. For waste-burning kilns choosing to comply with the equivalent production-based mercury emission limit in paragraph (3)(K)1.B. of this rule, the term operating day in 40 CFR 63.1348(a)(5), 40 CFR 63.1348(b)

(7) and 40 CFR 63.1349(b)(5) means any twenty-four- (24-) hour period beginning at 12:00 midnight during which the kiln produces any amount of clinker. The requirements of 40 CFR 63.1348(a)(5), 40 CFR 63.1348(b)(7), 63.1349(b)(5), and 40 CFR 60

Appendix B Specifications 12A and 12B apply;

(G) Continuous Compliance Requirements—40 CFR 60.2710 through 60.2725. If the owner or operator of a waste-burning (K)1.B. of this rule, continuous compliance shall be demonstrated pursuant to the procedures of 40 CFR 63.1348(b)(7) and 40 CFR 63.1349(b)(5). The requirements of 40 CFR 63.1348(b)(7) and 63.1349(b)(5) apply;

(H) Monitoring—40 CFR 60.2730 through 60.2735 and 40 CFR 60.2865. If the owner or operator of a waste-burning (K)1.B. of this rule, it must also monitor mercury pursuant to 40 CFR 63.1350(k), the clinker production rate pursuant to 40 CFR 63.1350(d), and the flow rate pursuant to 40 CFR 63.1350(n).

An owner or operator of a waste-burning kiln is not required to develop an emissions monitoring plan pursuant to 40 CFR 63.1350(p)(1) through (p)(4) if the owner or operator prepares the emissions monitoring plan required pursuant to 40 CFR 60.2710(k) and 40 CFR 60.2710(l). The requirements of 40 CFR 63.1350(d), (k), (n), and (p)(1) apply;

(I) Title V Operating Permits—40 CFR 60.2805;

(J) 40 CFR 60 subpart DDDD Table 1 through Table 9. The compliance dates for the increments of progress are— 1. For Increment 1, the final control plan must be submitted within one (1) year of March 30, 2014; and 2. For Increment 2, for CISWI units that commenced construction on or before June 4, 2010, the final compliance date is February 7, 2018; and (K) Other requirements— 1. Units applicable under paragraph (1)(A)1. of this rule must comply with the emission limits as follows:

A. For energy recovery units, Table 7 of 40 CFR 60

subpart DDDD;

B. For waste burning kilns, Table 8 of 40 CFR 60 subpart DDDD; and C. For small remote incinerators, Table 9 of 40 CFR 60

subpart DDDD;

2. Units applicable under paragraph (1)(A)2. of this rule, Table 2 of 40 CFR 60 subpart DDDD; and 3. Units applicable under paragraph (1)(A)3. of this rule, Table 6 of 40 CFR 60 subpart DDDD or Table 1 of 40 CFR 60

subpart CCCC, whichever is more stringent.

(4) Reporting and Record Keeping. The provisions of 40 CFR 60.2740 through 60.2800 and 40 CFR 60.2870, promulgated as of July 1, 2022, apply and are hereby incorporated by Publishing Office and available at https://bookstore.gpo.gov/ or for mail orders, print and fill out an order form online and mail to U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This rule does not incorporate any subsequent amendments or additions. If the owner or operator of a waste-burning kiln chooses to switch to and comply with the equivalent production-based mercury emission limit in subparagraph (3)(K)1.B. of this rule, it shall also keep records of all data collected from the continuous flow rate monitoring system required by 40 CFR 63.1350(n), all data collected from the clinker production monitoring system required by 40 CFR 63.1350(d), and all calculated thirty (30) operating day rolling average values derived from the mercury monitoring system.

Units in the waste-burning kiln subcategory complying with the equivalent production-based mercury emission limit in subparagraph (3)(K)1.B. of this rule must also report all deviations from the equivalent production-based mercury limit in accordance with 40 CFR 60.2740 through 40 CFR 60.2800. The requirements of 40 CFR 63.1350(d) and (n) apply.

(5) Test Methods. (Not applicable)

**History**
- *AUTHORITY: section 643.050, RSMo Supp. 2023. Original rule filed July 12, 2013, effective March 30, 2014. Amended: Filed May 9, 2018, effective Feb. 28, 2019. Amended: Filed June 14, 2019, effective Feb. 29, 2020. Amended: Filed July 3, 2023, effective Feb. 29, 2024.*

##### **10 CSR 10-6.165** Restriction of Emission of Odors {#sec-10-csr-10-6.165 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.165}

PURPOSE: This rule restricts the emission of excessive odorous matter. The evidence supporting the need for this rule, per 536.016, RSMo, are minutes from a May 28, 2009, Missouri Air Conservation Commission meeting, letters from Washington University in St. Louis School of Law and the Attorney General’s Office dated October 6, 2006, and odor workgroup meeting notes from 2007.

(1) Applicability. This rule shall apply to any person that causes, permits, or allows emission of odorous matter throughout the state of Missouri, except— (A) The provisions of section (3) of this rule shall not apply to the emission of odorous matter from the pyrolysis of wood in the production of charcoal in a Missouri-type charcoal kiln;

(B) The provisions of section (3) of this rule shall not apply to the emission of odorous matter from the raising and harvesting of crops nor from the feeding, breeding, and management of livestock or domestic animals or fowl with the exception of Class IA concentrated animal feeding operations; and (C) The provisions of this rule shall not apply to emissions of odorized natural gas, or the chemicals used to achieve the regulated odorization of natural gas, inherent to the operations of a natural gas utility.

(2) Definitions. Definitions of certain terms specified in this rule (3) General Provisions. No person may cause, permit, or allow the emission of odorous matter in concentrations and frequencies or for durations that odor can be perceived when one (1) volume of odorous air is diluted with seven (7) volumes of odor-free air for two (2) separate trials not less than fifteen (15) minutes apart within the period of one (1) hour. This odor evaluation shall be taken at a location outside of the installation’s property boundary.

(A) Control of Odors from Class IA Concentrated Animal Feeding Operations. Notwithstanding any provision in any other regulation to the contrary, all Class IA concentrated animal feeding operations shall operate under an odor control plan describing measures to be used to control odor emissions that are necessary to maintain compliance with the odor performance standard described in section (3). All new Class IA concentrated animal feeding operations and any operation that expands to become a Class IA concentrated animal feeding operation shall obtain approval from the department for an odor control plan at least sixty (60) days prior to commencement of operation.

1. The odor control plan shall contain the following:

A. A listing of all sources of odor emissions and description of how odors are currently being controlled;

B. A listing of all potentially innovative and proven odor control options for reducing odor emissions. Odor control options may include odor reductions achieved through: odor prevention, odor capture and treatment, odor dispersion, add-on control devices, management practices, modifications to feed-stock or waste handling practices, or process changes;

C. A detailed discussion of feasible odor control options for odor emissions. The discussion shall include options determined to be infeasible. Determination of infeasibility should be well documented and based on physical, chemical, and engineering principles demonstrating that technical difficulties would preclude the success of the control option;

D. A ranking of feasible odor control options from most to least effective. Ranking factors shall include odor control effectiveness, expected odor reduction, energy impacts, and economic impacts;

E. An evaluation of the most effective odor control options. Energy, environmental, and economic impacts shall be evaluated on a case-by-case basis;

F. Description of the odor control options to be implemented to reduce odor emissions;

G. A schedule for implementation. The schedule shall establish interim milestones in implementing the odor control plan prior to the implementation deadline if the plan is not implemented at one time; and H. An odor monitoring plan.

2. The Missouri Department of Natural Resources’ Air Pollution Control Program shall review and approve or disapprove the odor control plan.

A. After the program receives an odor control plan, they shall perform a completeness review. Within thirty (30) days of receipt, the program shall notify the plan originator if the plan contains all the elements of a complete odor control plan. If found incomplete, the program shall provide the originator a written explanation of the plan’s deficiencies.

B. Within sixty (60) days after determining an odor control plan submittal is deemed complete, the program shall approve or disapprove the plan. During this sixty (60)-day technical review period, the program may request additional information needed for review. If the plan is disapproved, the program shall give the plan originator a written evaluation explaining the reason(s) for disapproval.

(B) Existing odor control plans shall be amended within thirty (30) calendar days of either— 1. A determination by the staff director that there has been a violation of any requirement of this rule; or 2. A determination by the staff director that an amended odor control plan is necessary to address recurring odor (4) Reporting and Record Keeping. Odor control plans shall be reviewed and updated as necessary a minimum of every five (5) years from the date last approved or when a modification occurs. In lieu of a full plan update, a letter may be provided to the department stating that a review was performed and the existing odor control plan is adequate. This review letter or odor control plan update shall be due to the department six (6) months before the current odor control plan expires or at least thirty (30) days prior to the modification occurring with the following provisions:

(A) All existing odor control plans shall be updated by March 31, 2011; and (B) Any person may petition the department to be removed from the odor control plan requirement based on documentation that the odor source has been removed.

(5) Test Methods. Measurements shall be made with a Nasal Ranger as manufactured by St. Croix Sensory, Inc. or by a similar instrument or technique that will give substantially similar results, or as approved by the department.

**History**
- *AUTHORITY: section 643.050, RSMo Supp. 2013. Original rule filed April 14, 2010, effective Nov. 30, 2010. Amended: Filed Feb. 18, 2014, effective Sept. 30, 2014.*

##### **10 CSR 10-6.170** Restriction of Particulate Matter to the Ambient Air Beyond the Premises of Origin {#sec-10-csr-10-6.170 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.170}

PURPOSE: This rule restricts the emission of particulate matter to the ambient air beyond the premises of origin.

(1) Applicability. This rule applies to any operation, process, or activity resulting in fugitive particulate matter (PM) emissions throughout the state of Missouri, with the following exceptions:

(A) Fugitive PM emissions from unpaved public roads located in areas not designated as nonattainment for PM;

(B) Agricultural operations including tilling, planting, cultivating or harvesting within a field, the moving of livestock on foot, or the hauling of produce within the confines of a farm;

(C) Fugitive PM emissions from driveways limited to residential use; and (D) Fugitive PM emissions in violation of this rule which, according to the director, occurred due to unusual or adverse weather conditions. These conditions may include, but are not limited to, high winds, extended dry weather periods, and extreme cold weather periods.

(2) Definitions.

(A) Control measure—Any means which reduce the quantity of a pollutant that is emitted into the air.

(B) Director—Director of the Missouri Department of Natural Resources or a representative designated to carry out the duties as described in 643.060, RSMo.

(C) Facility—All contiguous or adjoining property that is (D) Fugitive particulate matter emissions—Any particulate matter emissions which could not reasonably be passed through a stack, chimney, vent, or other functionally equivalent opening.

(E) Nonattainment area (NAA)—Any geographic area of the United States which has been designated as nonattainment under section 107 of the Clean Air Act and described in 40 CFR 81.

(F) Particulate matter—Any liquid or solid material, except uncombined water, that exists in a finely divided form with an aerodynamic diameter smaller than one hundred micrometers (100 μm).

(3) General Provisions.

(A) Restrictions to Limit Fugitive Particulate Matter Emissions.

1. No person shall cause or allow fugitive particulate matter emissions to— A. Go beyond the premises of origin in such quantities that the particulate matter may be found on surfaces beyond the property line of origin due to the following activities:

(I) Handling, transporting, or storing of any material;

(II) Construction, repair, cleaning, or demolition of a building or its appurtenances;

(III) Construction or use of a road, driveway, or open area; or (IV) Operation of a commercial or industrial facility; or B. Remain visible in the ambient air beyond the property line of origin.

2. The nature or origin of the particulate matter shall be determined to a reasonable degree of certainty by a technique proven to be accurate and approved by the director.

(B) Should the director determine that noncompliance with subsection (3)(A) has occurred at a location, the director may require reasonable control measures, as may be necessary.

These measures may include, but are not limited to, the 1. Revision of procedures involving construction, repair, cleaning, and demolition of buildings and their appurtenances that produce particulate matter emissions;

2. Paving or frequent cleaning of roads, driveways, and parking lots;

3. Application of dust-free surfaces;

4. Application of water; and 5. Planting and maintenance of vegetative ground cover.

(4) Reporting and Record Keeping. (Not Applicable)

(5) Test Methods. (Not Applicable)

March 5, 1990, effective Nov. 30, 1990. Amended: Filed March 18, 1996, effective Oct. 30, 1996. Amended: Filed Jan. 2, 1998, effective Aug. 30, 1998. Amended: Filed June 27, 2018, effective March 30, 2019. *Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1995, 2011.

##### **10 CSR 10-6.180** Measurement of Emissions of Air Contaminants {#sec-10-csr-10-6.180 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.180}

PURPOSE: This rule allows the director to obtain air contaminant emissions data upon request.

(1) Applicability. This rule applies to all sources and persons responsible for the emission of air contaminants throughout the state of Missouri.

(2) Definitions.

(A) Air contaminant—Any particulate matter or any gas or vapor or any combination of them.

(B) Director—Director of the Missouri Department of Natural Resources or a representative designated to carry out the duties as described in 643.060, RSMo.

(C) Facility—All contiguous or adjoining property that is (D) Qualified personnel—A reputable person or group possessing the necessary experience, knowledge, education, training, or certification to accurately conduct a given emission test.

(E) Source—Any governmental, institutional, commercial, or industrial structure, plant, building, or facility that emits or has the potential to emit any regulated air pollutant under the Clean Air Act (CAA).

(3) General Provisions.

(A) The director may require any person or owner/operator of a source responsible for the emission of air contaminants to conduct tests to determine the quantity or nature, or both, of their air contaminant emissions.

1. The director may specify test methods to be used and observe testing as it is performed.

2. All tests must be performed by qualified personnel.

3. The director shall be provided a copy of the test results in writing and signed by the person responsible for the tests.

(B) The director may conduct tests of emissions of air contaminants from any source. Upon the director’s request, the person responsible for the source to be tested shall provide necessary ports in stacks or ducts and other safe and proper sampling and testing facilities, exclusive of instruments and sensing devices as may be necessary for proper determination of the emission of air contaminants.

(4) Reporting and Record Keeping. (Not Applicable)

(5) Test Methods. (Not Applicable)

**History**
- *AUTHORITY: section 643.050, RSMo 2016. Original rule filed Aug. 2, 1990, effective Dec. 31, 1990. Amended: Filed March 27, 2018, effective Nov. 30, 2018.*

##### **10 CSR 10-6.190** Sewage Sludge and Industrial Waste Editor’s Note: On March 29, 1993 the Circuit Court of Cole County found that 10 CSR 10-6.190 was void since it exceeds the statutory cost analysis requirements of sections 536.200 and 536.205, RSMo. {#sec-10-csr-10-6.190 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.190}

##### **10 CSR 10-6.191** Sewage Sludge Incinerators {#sec-10-csr-10-6.191 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.191}

PURPOSE: This rule incorporates by reference the federal regulatory requirements for existing sewage sludge incineration units in Missouri. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is Federal Register Notice 76 FR 15372, dated March 21, 2011.

(1) Applicability.

(A) This rule applies to each sewage sludge incineration (SSI) unit, as defined in section (2) of this rule, for which construction was commenced on or before October 14, 2010, except as provided in subsection (1)(C) of this rule.

(B) If the owner or operator of an SSI unit makes physical or operational changes to an SSI unit for which construction commenced on or before September 21, 2011, primarily to comply with this rule, 10 CSR 10-6.070 New Source Performance Regulations does not apply to that unit.

(C) Exemptions to this rule are as follows:

1. Combustion units that incinerate sewage sludge and are not located at a wastewater treatment facility designed to treat domestic sewage sludge. Owners or operators of combustion units claiming exemption under this paragraph must notify the director; and 2. Any SSI unit that becomes subject to 10 CSR 10-6.070 New Source Performance Regulations because the owner or operator made changes after September 21, 2011, that meet the definition of modification, as defined in section (2) of this rule.

(2) Definitions.

(A) The provisions of 40 CFR 60.5250, promulgated as of July 1, 2011, shall apply and are hereby incorporated by reference in this rule, as published by the Office of Federal Register, U.S.

National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any (B) Definitions of certain terms specified in this rule, other than those defined in subsection (2)(A) of this rule, may be (3) General Provisions. The following references to 40 CFR 60.5085 through 60.5225, 40 CFR 60.5240 through 60.5245, and 40 CFR 60, Subpart MMMM Tables 1 through 6, promulgated as of July 1, 2011, shall apply and are hereby incorporated by Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not (A) Increments of Progress—40 CFR 60.5085 through 60.5125;

(B) Operator Training and Qualifications—40 CFR 60.5130 through 60.5160;

(C) Emission Limits, Emission Standards, and Operating Limits and Requirements—40 CFR 60.5165 through 60.5181;

(D) Initial Compliance Requirements—40 CFR 60.5185 through 60.5200;

(E) Continuous Compliance Requirements—40 CFR 60.5205 through 60.5215;

(F) Performance Testing, Monitoring, and Calibration Requirements—40 CFR 60.5220 through 60.5225;

(G) Title V Operating Permit—40 CFR 60.5240 through 60.5245; and (H) Table 1 though Table 6. The compliance dates for the increments of progress are— 1. For Increment 1, submit final control plan within one (1) year of the effective date of this rule; and 2. For Increment 2, final compliance by March 21, 2016.

(4) Reporting and Record Keeping. The provisions of 40 CFR 60.5230 through 40 CFR 60.5235, promulgated as of July 1, 2011, shall apply and are hereby incorporated by reference in this rule, as published by the Office of Federal Register, U.S.

National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any (5) Test Methods. (Not applicable)

**History**
- *AUTHORITY: section 643.050, RSMo Supp. 2012. Original rule filed Aug. 27, 2012, effective May 30, 2013.*

##### **10 CSR 10-6.200** Hospital, Medical, Infectious Waste Incinerators {#sec-10-csr-10-6.200 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.200}

PURPOSE: This rule establishes emission limits for existing hospital, medical, and infectious waste incinerators. The pollutants regulated include metals, particulate matter, acid gases, organic compounds, carbon monoxide, and opacity. This rule includes requirements for operator training and qualification, waste management, compliance and performance testing, monitoring, and reporting/record keeping.

(1) Applicability.

(A) Except as provided in subsection (1)(B) of this rule, this

rule applies to each individual hospital or medical/infectious waste incinerator (HMIWI)— 1. For which construction was commenced on or before June 20, 1996, or for which modification was commenced on or before March 16, 1998; or 2. For which construction was commenced after June 20, 1996, but no later than December 1, 2008, or for which modification is commenced after March 16, 1998, but no later than April 6, 2010.

(B) The exemptions of 40 CFR 62.14400(b) and (c), promulgated as of July 1, 2022, are hereby incorporated by reference in this

rule, as published by the U.S. Government Publishing Office and (2) Definitions.

(A) The definitions of 40 CFR 62.14490, promulgated as of July 1, 2022, are hereby incorporated by reference in this rule, as published by the U.S. Government Publishing Office and (B) Definitions of certain terms specified in this rule, other than those defined in subsection (2)(A) of this rule, may be (3) General Provisions. Owners and operators of HMIWI subject to this rule must comply with the provisions listed below.

The following references to 40 CFR 62.14410 through 40 CFR 62.14472 and 40 CFR 62 Subpart HHH Tables 1 through 3, promulgated as of July 1, 2022, are hereby incorporated by Publishing Office and available at https://bookstore.gpo.gov/ or amendments or additions:

(A) Emission limits—40 CFR 62.14410 through 40 CFR 62.14413;

(B) Operator training and qualification requirements—40 CFR 62.14420 through 40 CFR 62.14423;

(C) Waste management plan—40 CFR 62.14430 through 40 CFR 62.14432;

(D) Inspection—40 CFR 62.14440 through 40 CFR 62.14443;

(E) Compliance, performance testing, and monitoring—40 CFR 62.14451 through 40 CFR 62.14455 and 40 CFR 62.14470 through 40 CFR 62.14472; and (F) Permitting obligation—40 CFR 62.14480 through 40 CFR 62.14481.

(4) Reporting and Record Keeping. Owners and operators of HMIWI subject to this rule must comply with the following reporting and record keeping provisions. The provisions of 40 CFR 62.14424 and 40 CFR 62.14460 through 40 CFR 62.14465, promulgated as of July 1, 2022, are hereby incorporated by Publishing Office and available at https://bookstore.gpo.gov/ or (5) Test Methods. The provisions of 40 CFR 62.14452 and 40 CFR 62 subpart HHH Table 1 through Table 3, promulgated as of July 1, 2022, are hereby incorporated by reference in this rule, as published by the U.S. Government Publishing Office and

Amended: Filed May 30, 2019, effective Feb. 29, 2020. Amended:

Filed July 3, 2023, effective Feb. 29, 2024.

**History**
- *AUTHORITY: section 643.050, RSMo Supp. 2023. Original rule filed Dec. 1, 1998, effective July 30, 1999. Amended: Filed Oct. 13, 2000, effective July 30, 2001. Amended: Filed Nov. 26, 2010, effective Aug. 30, 2011. Amended: Filed Nov. 1, 2013, effective July 30, 2014. Amended: Filed April 13, 2018, effective Jan. 30, 2019.*

##### **10 CSR 10-6.210** Confidential Information {#sec-10-csr-10-6.210 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.210}

PURPOSE: This rule provides procedures and conditions for handling confidential information.

(1) Applicability. This rule shall apply to all business information requested to be designated confidential under Chapter 643, RSMo.

(2) Definitions.

(A) Confidential business information—Secret processes, secret methods of manufacture or production, trade secrets, and other information possessed by a business that, under existing legal concepts, the business has a right to preserve as confidential, and to limit its use by not disclosing it to others in order that the business may obtain or retain business advantages it derives from its rights in the information.

(B) Emission data— 1. The identity, amount, frequency, concentration, or other characteristics (related to air quality) of any air contaminant which— A. Has been emitted from an emission unit;

B. Results from any emission by the emissions unit;

C. Under an applicable standard or limitation, the emissions unit was authorized to emit; or D. Is a combination of any of the subparagraphs (2)

(B)1.A., B., or C. of this rule;

2. The name, address (or description of the location), and the nature of the emissions unit necessary to identify the emission units including a description of the device, equipment, or operation constituting the emissions unit; and 3. The results of any emission testing or monitoring required to be reported under this rule or other rules of the commission.

(C) Definitions of certain terms specified in this rule, other (3) General Provisions. Any information or records submitted or obtained pursuant to Chapter 643, RSMo, is subject to public disclosure unless a request for confidentiality is made by the person submitting the information or records and the request has been approved pursuant to the following procedures:

(A) Procedures.

1. An owner or operator who wishes to claim confidentiality for any information submitted pursuant to this rule or other rules of the commission should submit a claim of confidentiality when the information is initially submitted. Failure to submit a claim of confidentiality when the information is initially submitted may result in public disclosure.

2. The claim of confidentiality shall be accompanied by a justification that the information is entitled to confidential treatment.

3. When information claimed to be confidential is being submitted with a permit application, emissions report, or any other documentation containing information subject to public disclosure, a separate version that may be viewed by the public shall be provided by the owner or operator.

4. Upon receipt of a claim of confidentiality, the director shall evaluate the claim and inform the owner or operator that the claim has been approved, or that a preliminary decision has been made to deny the claim in whole or in part. Until that time in which the claim is reviewed it shall be held in confidence.

5. If a claim of confidentiality is denied in the preliminary review, the owner or operator will have fifteen (15) days from the date of the denial letter to submit further justification or comments to the director for consideration in the final decision on confidentiality. The director shall inform the owner or operator of his/her final decision on whether the claim will be denied in whole or in part within ten (10) working days of receiving the owner or operator’s further justification or comments.

6. The owner or operator may appeal the director’s final decision to deny a claim of confidentiality, in whole or part, to the administrative hearing commission pursuant to section 621.250, RSMo, and 10 CSR 10-1.030. Upon the timely filing of a notice of appeal, the confidentiality of the information shall be preserved until the entry of a final order by the commission.

7. If the commission’s final decision is to deny the claim of confidentiality, in whole or in part, the director shall treat the information as subject to public disclosure unless the owner or operator files a timely action for judicial review pursuant to

section 536.110, RSMo. If a timely action for judicial review is filed, the confidentiality of the information shall be preserved until adjudication of the matter upon judicial review.

8. A claim of confidentiality under this rule shall be approved if— A. The owner or operator has asserted a business confidentiality claim that has not expired by its terms or been withdrawn;

B. The owner or operator has satisfactorily shown that it has taken reasonable measures to protect the confidentiality of the information and that it intends to continue to take those measures;

C. The information is not, and has not been, reasonably obtained without the owner’s or operator’s consent by other persons (other than governmental bodies) by use of legitimate means (other than discovery based on a showing of special needs in a judicial or quasi-judicial proceeding);

D. No statute specifically requires public disclosure of the information;

E. The information is not emission data; and F. The owner or operator has satisfactorily shown that— (I) Public disclosure of the information is likely to cause substantial harm to the business’ competitive position; or (II) The information was voluntarily submitted and if disclosed, the submitter would be reluctant to provide additional information to the director in the future.

Information is voluntarily submitted if the facility has no statutory, regulatory, or contractual obligation to provide the information; or the director has no statutory, regulatory, or contractual authority to obtain the information under federal or state law; and (B) Conditions for Any Disclosure.

1. Public request. Upon receipt of a request from a member of the public for release of any information submitted under a claim of confidentiality, and for which the claim has not been finally denied, the director shall inform both the person making the request and the owner or operator that the request for the information is denied or that a tentative decision has been made to release the information. A preliminary decision to release the information shall be treated in the same manner as a preliminary decision to deny a claim of confidentiality under paragraphs (3)(A)4.–8. of this rule.

2. Confidential and public information. If information entitled to confidentiality cannot reasonably be separated from information not entitled to confidentiality, all the information must be treated as subject to public disclosure.

3. Public release. The director and his/her designees shall not release to the public, or place in the public file, any information for which a claim of confidentiality has been made until the procedures under paragraphs (3)(A)4.–8. and (3)

(B)1. of this rule have been observed.

4. Disclosure to local agencies. Information submitted under a claim of confidentiality, where the claim has not been finally denied, may be disclosed to local air pollution control agencies if— A. The owner or operator is given prior notice fifteen (15) working days in which to obtain an order from a court of competent jurisdiction restraining or enjoining the disclosure to the local agency, and if no such order is obtained, or obtained and later dissolved; or B. The local agency has ordinances or regulations respecting the treatment of confidential business information that is equivalent to this rule, the director provides notice to the owner or operator that the information is being disclosed to the local agency, and the director informs the local agency that the information is subject to a claim of confidentiality.

5. Disclosure to administrator. Information submitted under a claim of confidentiality, where the claim has not been finally denied, may be disclosed to the administrator provided the administrator agrees, pursuant to 40 CFR 2.215, that the information will be kept confidential.

6. Subpoenas for confidential information. The director shall respond to subpoenas and discovery requests for information submitted under a claim of confidentiality, if the claim has not been finally denied, in a manner that is designed to preserve the claim of confidentiality until a confidentiality determination is made by a court or other tribunal of competent jurisdiction.

(4) Reporting and Record Keeping. (Not Applicable)

(5) Test Methods. (Not Applicable)

Sept. 2, 1993, effective May 9, 1994. Amended: Filed May 2, 2016, effective Dec. 30, 2016. Amended: Filed Jan. 14, 2022, effective Sept. 30, 2022.

##### **10 CSR 10-6.220** Restriction of Emission of Visible Air Contaminants {#sec-10-csr-10-6.220 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.220}

PURPOSE: This rule specifies the maximum allowable opacity of visible air contaminant emissions and requires the use of continuous monitoring systems (CMS) on certain air contaminant emission units.

(1) Applicability. This rule applies to all sources of visible emissions, excluding water vapor, throughout the state of Missouri with the exception of the following:

(A) Internal combustion engines;

(B) Wood burning stoves or fireplaces used for heating;

(C) Fires used for recreational or ceremonial purposes or fires used for the noncommercial preparation of food by barbecuing;

(D) Fires used solely for the purpose of fire-fighter training;

(E) Smoke generating devices when a required permit (under

##### **10 CSR 10-6.060** or 10 CSR 10-6.065) has been issued or a written determination that a permit is not required has been obtained; {#sec-10-csr-10-6.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.060}

(F) The pyrolysis of wood for the production of charcoal in batch-type charcoal kilns regulated under 10 CSR 10-6.330;

(G) Truck dumping of nonmetallic minerals into any screening operation, feed hopper, or crusher;

(H) Emission units specifically exempt or regulated under 10 CSR 10-6.070;

(I) Any open burning that is exempt from open burning rule 10 CSR 10-6.045;

(J) Emission units regulated under 40 CFR 63 subpart DDDDD— National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters that meet one (1) of the following criteria:

1. Constructed or reconstructed after June 4, 2010;

2. The unit is subject to a ten percent (10%) opacity limit as described in Table 4 of 40 CFR 63 subpart DDDDD; or 3. The unit is in Table 2 of 40 CFR 63 subpart DDDDD and has a filterable particulate matter limitation of less than or equal to 4E-02 pounds per million British thermal units (lbs/ MMBtu);

(K) Fugitive emissions regulated under 10 CSR 10-6.170;

(L) Any emission unit burning only natural gas, landfill gas, propane, liquefied petroleum gas, digester gas, or refinery gas;

(M) Emission units regulated under 40 CFR 63 subpart JJJJJJ— National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers Area Sources that meet all of the following criteria:

1. Constructed or reconstructed after June 4, 2010;

2. In compliance with the 3.0E-02 lbs/MMBtu filterable particulate matter emission limit described in Table 1 of 40 CFR 63 subpart JJJJJJ or maintaining opacity to less than or equal to ten percent (10%) as described in Table 3 of 40 CFR 63 subpart JJJJJJ; and 3. Demonstrating compliance with a continuous monitoring system (CMS), including a continuous emission monitoring system (CEMS), a continuous opacity monitoring system (COMS), or a continuous parameter monitoring system (CPMS);

(N) Emission units regulated under 40 CFR 63 subpart UUUUU—Mercury and Air Toxics Standards, and demonstrating compliance with a particulate matter continuous emission monitoring system;

(O) Emission units that are contained within and emit only within a building space. This does not include emission units with a capture device vented outside the building space; and (P) Emission units subject to an equivalent or more restrictive emission limit under— 1. 10 CSR 10-6.075; or 2. Any federally enforceable permit.

(2) Definitions.

(A) Batch-type charcoal kiln—Charcoal kilns that manufacture charcoal with a batch process rather than a continuous process.

The batch-type charcoal kiln process typically includes loading wood, sealing the kiln, igniting the wood, and controlled burning of the wood to produce charcoal which is unloaded.

(B) Capacity factor—The ratio (expressed as a percentage) of a power generating unit’s actual annual electric output (expressed in MWe-hr) divided by the unit’s nameplate capacity multiplied by eight thousand seven hundred sixty (8,760) hours.

(C) Capture device—A hood, enclosed room, floor sweep, or other means of collecting air pollutants into a duct.

(D) Continuous monitoring system (CMS)—A comprehensive term that may include, but is not limited to, continuous emission monitoring systems, continuous opacity monitoring systems, continuous parameter monitoring systems, or other manual or automatic monitoring that is used for demonstrating compliance with this rule on a continuous basis as defined by the regulation.

(E) Continuous opacity monitoring system (COMS)—All equipment required to continuously measure and record the opacity of emissions within a stack or duct. COMS consists of sample interface, analyzer, and data recorder components and usually includes, at a minimum, transmissometers, transmissometer control equipment, and data transmission, acquisition, and recording equipment.

(F) Digester gas—A gas, consisting of mostly methane (CH ) and carbon dioxide (CO ), generated during anaerobic digestion when microorganisms break down organic materials in the absence of oxygen.

(G) Director—Director of the Missouri Department of Natural Resources, or a representative designated to carry out duties as described in 643.060, RSMo.

(H) Emission unit—any part or activity of a facility that emits or has the potential to emit any regulated air pollutant.

(I) Excess emissions—The opacity emissions which exceed the requirements of any applicable emission limit within this (J) Existing emission unit—Any emission unit in operation, installed, or under construction prior to July 11, 1977 that has not been subsequently altered, repaired, or rebuilt at a cost of fifty percent (50%) or more of its replacement cost exclusive of routine maintenance. The cost of installing equipment designed principally for the purpose of air pollution control is not to be considered a cost of altering, repairing, or rebuilding an existing emission unit.

(K) Facility—All contiguous or adjoining property that is (L) Fugitive emissions—Those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

(M) Incinerator—Any article, machine, equipment, open burning.

(N) Internal combustion engine—Any engine in which power, produced by heat and/or pressure developed in the engine cylinder(s) by burning a mixture of fuel and air, is subsequently converted to mechanical work by means of one (1) or more pistons.

(O) Kansas City metropolitan area—The geographical area comprised of Jackson, Cass, Clay, Platte, Ray, and Buchanan (P) Landfill gas—A gaseous byproduct of landfills, consisting of mostly methane (CH ) and carbon dioxide (CO ), produced by microorganisms within a landfill under anaerobic conditions.

(Q) Liquefied petroleum gas—A gas consisting of propane, propylene, butane, and butylenes.

(R) Natural gas—A naturally occurring fluid mixture of hydrocarbons (e.g., methane, ethane, or propane) produced in geological formations beneath the Earth’s surface that maintains a gaseous state at standard atmospheric temperature and pressure under ordinary conditions.

(S) New emission unit—Any emission unit which is not permanently shutdown or an existing emission unit as defined in subsection (2)(I) of this rule.

(T) Opacity—The extent to which airborne material (U) Open burning—The burning of any materials where air contaminants resulting from combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For purposes of this definition, a chamber shall be regarded as enclosed, when, during the time combustion takes place, only those apertures, ducts, stacks, flues, or chimneys, as are necessary to provide combustion air and to permit the escape of exhaust gases, are open.

(V) Outstate area—Any area throughout the state of Missouri except the City of St. Louis and St. Charles, St. Louis, Jefferson, Franklin, Clay, Cass, Buchanan, Ray, Jackson, Platte, and Greene (W) Particulate matter—Any material, except uncombined water, that exists in a finely divided form as a liquid or solid that enters the atmosphere as a direct emission from a stack or an open source.

(X) Portland cement kiln—A system, including any solid, (Y) Qualified observer—An individual or device with a current certification to measure opacity using one (1) of the methods listed in section (5) of this rule.

(Z) Refinery gas— Any gas that is generated as a byproduct at a petroleum refinery or petrochemical plant and that is combusted separately or in combination with any type of gas.

(AA) Six (6)-minute period—A three-hundred-sixty (360)-consecutive-second time interval. Six (6)-minute block averages shall be utilized for COMS data per the provisions of Appendix B to 40 CFR 60, Performance Specification 1, as specified in 10 CSR 10-6.030(22).

(BB) Smoke generating device—A specialized piece of equipment which is not an integral part of a commercial, industrial, or manufacturing process and whose sole purpose is the creation and dispersion of fine solid or liquid particles in a gaseous medium.

(CC) Springfield-Greene County area—The geographical area contained within Greene County.

(DD) St. Louis metropolitan area—The geographical area comprised of St. Louis, St. Charles, Jefferson, and Franklin counties and the City of St. Louis.

(EE) Visible emission—Any discharge of an air contaminant, including condensables, which reduces the transmission of light or obscures the view of an object in the background.

(3) General Provisions.

(A) Visible Emissions Limitations.

1. Maximum Visible Emissions Limitations. Unless specified otherwise in this rule, no owner or operator shall cause or permit to be discharged into the atmosphere from any emission unit, not exempted under this rule, any visible emissions greater than the limitations in the following table for any continuous six (6)-minute period as measured by the test method used to demonstrate compliance with this rule: *Exception: Existing emission units in the St. Louis metropolitan area that are not incinerators and emit less than twenty-five (25) lbs/hr of particulate matter shall be limited to forty percent (40%) opacity.

2. Visible Emissions Limitations, Exceptions Allowed In One (1) Continuous Six (6)-Minute Period. The visible emissions limitations in the following table shall be allowed for one (1) continuous six (6)-minute period in any sixty (60) minutes as measured by the test method used to demonstrate compliance with this rule: **This exception does not apply to existing and new incinerators in the Kansas City metropolitan area and Springfield-Greene County.

(B) Failure to meet the requirements of subsection (3)(A) solely because of the presence of uncombined water is not a violation of this rule.

(C) Compliance Determination. Compliance for any emission unit to which this rule applies shall be determined from opacity measurements taken in accordance with subsection (3)(D) or (3)(E) of this rule. If opacity measurements taken by a non-department qualified observer differ from visual measurements taken by a qualified department observer, the qualified department observer’s opacity measurements shall be used to determine compliance.

(D) Coal-fired steam generating units with maximum heat input rate greater than two hundred fifty (250) million British thermal units (Btus)/hour shall install a CMS in accordance with subsection (3)(F) of this rule unless the emission unit— 1. Is exempt under section (1) of this rule; or 2. Has an annual boiler capacity factor of thirty percent (30%) or less.

(E) Unless otherwise specified in this rule, owners or operators shall have the opacity of visible emissions determined by one (1) of the methods in section (5) of this rule.

(F) Continuous Monitoring Requirements. Sources with emission units that are required to install a CMS must select one (1) of the following options:

1. Install, calibrate, and maintain a COMS according to the following conditions:

A. Source operating time includes any time fuel is being Visible Emission Limitations 20% 20% St. Louis Metropolitan Area 20%* 20% Outstate Area Visible Emission Limitations, Exceptions St. Louis Metropolitan Area 40% 40% Outstate Area 60% 60% Visible Emission Limitations 20% 20% St. Louis Metropolitan Area 20%* 20% Outstate Area Visible Emission Limitations, Exceptions St. Louis Metropolitan Area 40% 40% Outstate Area 60% 60% combusted and/or a fan is being operated;

B. Cycling time. Cycling times include the total time a monitoring system requires to sample, analyze, and record an emission measurement. Continuous monitoring systems for measuring opacity shall complete a minimum of one (1) cycle of operation (sampling, analyzing, and data recording) for each successive ten (10)-second period;

C. Certification. All COMS shall be certified by the director after review and acceptance of a demonstration of conformance with 40 CFR 60, Appendix B, Performance Specification 1, as specified in 10 CSR 10-6.030(22);

D. Audit authority. All COMS shall be subject to audits conducted by the department, and all COMS records shall be made available upon request to department personnel; or 2. Install, calibrate, and maintain an alternative CMS according to the following conditions:

A. All alternative CMS, monitoring systems requirements, system locations, reporting and record keeping requirements, and procedures for operation and maintenance must be approved by the staff director and the U.S. Environmental Protection Agency (EPA); and incorporated into this rule and the state implementation plan (SIP) prior to implementation;

B. Demonstrate that a requirement of paragraph (3)(F)1. or section (4) of this rule cannot be practically met; and C. Demonstrate that the alternative CMS produces results that adequately verify compliance.

(G) If a CMS is malfunctioning, a non-department qualified observer measurement may be used as a temporary substitute.

(4) Reporting and Record Keeping.

(A) COMS Reporting. Owners or operators required to install COMS shall submit a quarterly written report to the director.

All quarterly reports shall be postmarked no later than the thirtieth day following the end of each calendar quarter and include the following emissions data:

1. A summary including total time for each cause of excess emissions and/or monitor downtime;

2. Nature and cause of excess emissions, if known;

3. The six (6)-minute average opacity values greater than the opacity emission requirements (The average of the values shall be obtained by using the procedures specified in the Reference Method used to determine the opacity of the visible emissions);

4. The date and time identifying each period during which the COMS was inoperative (except for zero and span checks), including the nature and frequency of system repairs or adjustments that were made during these times; and 5. If no excess emissions have occurred during the reporting period and the COMS has not been inoperative, repaired, or adjusted, this information shall be stated in the report.

(B) COMS Records to be Maintained. Owners or operators of affected emission units shall maintain a file (hard copy or electronic version) of the following information for a minimum of two (2) years from the date the data was collected:

1. All information reported in the quarterly summaries;

2. All six (6)-minute opacity averages and daily Quality Assurance (QA)/Quality Control (QC) records.

(5) Test Methods.

(A) Method 9—Visual Determination of the Opacity of Emissions from Stationary Sources of 40 CFR 60, Appendix A-4, as specified in 10 CSR 10-6.030(22).

(B) Photogrammetric opacity measurement in accordance with EPA Alternative Test Method Decision Letter Number ALT-082, dated May 15, 2012 as published by EPA and hereby incorporated by reference in this rule. Copies can be obtained from the Office of Air Quality Planning and Standards, Measurement Technology Group, Mail Drop: E143-02, Research Triangle Park, NC 27711. This rule does not incorporate any (C) A modification of the test methods listed in subsections (5)

(A) or (5)(B) of this rule. Any modification of a test method listed in subsections (5)(A) or (5)(B) of this rule must be approved by the director and the EPA; and incorporated into this rule and the SIP prior to implementation.

March 31, 1999, effective Nov. 30, 1999. Amended: Filed Feb. 28, 2002, effective Nov. 30, 2002. Amended: Filed Feb. 4, 2008, effective Sept. 30, 2008. Amended: Filed March 29, 2016, effective Dec. 30, 2016. Amended: Filed June 27, 2018, effective March 30, 2019.

##### **10 CSR 10-6.230** Administrative Penalties {#sec-10-csr-10-6.230 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.230}

PURPOSE: This rule establishes the procedures for assessment of administrative penalties.

(1) Applicability. This rule applies to installations and individuals throughout Missouri that are subject to sections 643.010– 643.250, RSMo or any rule of the Missouri Air Conservation Commission or any site that is permitted by the Missouri Air Pollution Control Program.

(2) Definitions.

(A) Definitions for key words used in this rule may be found in 10 CSR 10-6.020(2).

(B) Additional definitions specific to this rule are as follows:

1. Conference, conciliation and persuasion—A process of verbal or written communications, including but not limited to meetings, reports, correspondence or telephone conferences between authorized representatives of the department and the alleged violator. The process shall, at minimum, consist of one offer to meet with the alleged violator tendered by the department. During any such meeting, the department and the alleged violator shall negotiate in good faith to eliminate the alleged violation and shall attempt to agree upon a plan to achieve compliance;

2. Economic benefit—Any monetary gain which accrues to a violator as a result of noncompliance;

3. Gravity-based assessment—The degree of seriousness of a violation taking into consideration the risk to human health and the environment posed by the violation and considering the extent of deviation from sections 643.010–643.250, RSMo;

4. Minor violation—A violation which possesses a small potential to harm the environment or human health or cause pollution, was not knowingly committed, and is not defined by the United States Environmental Protection Agency as other than minor;

5. Multi-day violation—A violation which has occurred on or continued for two (2) or more consecutive or nonconsecutive days; and 6. Multiple violation penalty—The sum of individual administrative penalties assessed when two (2) or more violations are included in the same complaint or enforcement action.

(3) General Provisions.

(A) Pursuant to section 643.085, RSMo, and in addition to any other remedy provided by law, upon determination by the department that a provision of sections 643.010– 643.250, RSMo, or a standard, limitation, order or rule promulgated, or a term or condition of any permit has been violated, the director may issue an order assessing an administrative penalty upon the violator. The amount of the administrative penalty will be determined according to section (6) of this rule. In no event may the total penalty assessed per day of violation exceed the statutory maximum specified in

section 643.151, RSMo.

(B) An administrative penalty shall not be imposed until the department has sought to resolve the violations through conference, conciliation and persuasion and shall not be imposed for minor violations. If the violation is resolved through conference, conciliation and persuasion, no administrative penalty shall be assessed unless the violation has caused, or had the potential to cause, a risk to human health or to the environment, or has caused or has potential to cause pollution, or was knowingly committed, or is not a minor violation.

(C) An order assessing an administrative penalty shall be served upon the operator, owner or appropriate representative through United States Postal Service certified mail, return receipt requested, a private courier or messenger service which provides verification of delivery or by hand delivery to the operator’s or owner’s residence or place of business. An order assessing an administrative penalty shall be considered served if verified receipt is made by the operator, owner or appropriate representative. A refusal to accept, or a rejection of certified mail, private courier or messenger service delivery or by hand delivery of an order assessing an administrative penalty constitutes service of the order.

(D) The director may at any time withdraw without prejudice any administrative penalty order.

(E) An order assessing an administrative penalty shall describe the nature of the violation(s), the amount of the administrative penalty being assessed and the basis of the penalty calculation.

(4) Reporting and Record Keeping. (Not Applicable)

(5) Test Methods. (Not Applicable)

(6) Determination of Penalties. The amount of an administrative penalty will involve the application of a gravity-based assessment under subsection (6)(A) and may involve additional factors for multiple violations, (6)(B), multi-day violations, (6)

(C) and economic benefit resulting from noncompliance, (6)(D).

The resulting administrative penalty may be further adjusted as specified under (6)(E).

(A) Gravity-Based Assessment. The gravity-based assessment is determined by evaluating the potential for harm posed by the violation and the extent to which the violation deviates from the requirements of the Missouri Air Conservation Law.

1. Potential for harm. The potential for harm posed by a violation is based on the risk to human health, safety or the environment or to the purposes of implementing the Missouri Air Conservation Law and associated rules or permits.

A. The risk of exposure is dependent on both the likelihood that humans or the environment may be exposed to contaminants and the degree of potential exposure. Penalties will reflect the probability the violation either did result in or could have resulted in a release of contaminants in the environment, and the harm which either did occur or would have occurred if the release had in fact occurred.

B. Violations which may or may not pose a potential threat to human health or the environment, but which have an adverse effect upon the purposes of or procedures for implementing the Missouri Air Conservation Law and associated rules or permits may be assessed a penalty.

C. The potential for harm shall be evaluated according to the following degrees of severity:

(I) Major. The violation poses or may pose a substantial risk to human health and safety or to the environment, or has or may have a substantial adverse effect on the purposes of or procedures for implementing the Missouri Air Conservation Law and associated rules and/or permits;

(II) Moderate. The violation poses or may pose a significant risk to human health and safety or to the environment, or has or may have a significant adverse effect on the purposes of or procedures for implementing the Missouri Air Conservation Law and associated rules and/or permits; and (III) Minor. The violation does not pose significant or substantial risk to human health and safety or to the environment, was not knowingly committed, and is not defined by the United States Environmental Protection Agency as other than minor.

2. Extent of deviation. The extent of deviation may range from slight to total disregard of the requirements of the Missouri Air Conservation Law and associated rules and/or permits. The assessment will reflect this range and will be evaluated according to the following degrees of severity:

A. Major. The violator has deviated substantially from the requirements of the Missouri Air Conservation Law, associated rules, or permits resulting in substantial noncompliance;

B. Moderate. The violator has deviated significantly from the requirements of the Missouri Air Conservation L aw, associated rules, or permits resulting in significant noncompliance; and C. Minor. The violator has deviated slightly from the requirements of the Missouri Air Conservation Law, associated rules, or permits that does not result in substantial or significant noncompliance; most provisions were implemented as intended; the violation was not knowingly committed; and is not defined by the United States Environmental Protection Agency as other than minor.

3. Gravity-based penalty assessment matrix. The matrix that follows will be used to determine the gravity-based assessment portion of the administrative penalty. Potential for harm and extent of deviation form the axes of the matrix. The penalty range selected may be adapted to the circumstances of a particular violation.

(B) Multiple Violation Penalty. Penalties for multiple violations may be determined when a violation is independent of or substantially different from any other violation. The director may order a separate administrative penalty for that violation as set forth in this rule.

(C) Multi-Day Penalty. Penalties for multi-day violations may be determined when the director has concluded that a violation(s) has continued or occurred for more than one (1) day.

Multi-day penalty assessments will be determined by using the Gravity-Based Assessment Matrix in paragraph (6)(A)3. The director may seek penalties for each day of noncompliance not to exceed the amount of the civil penalty specified in section 643.151, RSMo.

(D) Economic Benefit. Any economic benefits, including delayed and avoided costs that have accrued to the violator as a result of noncompliance, will be added to the penalty amount. The department using an economic benefit formula that provides a reasonable estimate of the economic benefit of noncompliance will make determination. Economic benefit may be excluded from the administrative penalty if— 1. The economic benefit is an insignificant amount;

2. There are compelling public concerns that would not be served by taking a case to trial; or 3. It is unlikely that the department would be able to recover the economic benefit in litigation based on the particular case.

(E) Adjustments. The department may add to or subtract from the total amount of the penalty after consideration of the following adjustments:

1. Recalculation of penalty amount. After the issuance of an order by the director, if new information about a violation becomes available which indicates that the original penalty calculation may have been incorrect, the department may recalculate the penalty;

2. Good faith efforts to comply. The department may adjust a penalty amount downward if good faith efforts have been adequately documented by the violator. Good faith efforts include, but are not limited to, documentation that the violator has reported noncompliance or instituted measures to remedy the violation prior to detection by the department.

However, good faith efforts to achieve compliance after agency detection are assumed and are not grounds for decreasing the penalty amount;

3. Culpability. In cases of heightened culpability which do not meet the standard of criminal activity, the penalty may be increased at the department’s discretion, within the ranges of the matrix. Likewise, in cases where there is a demonstrable absence of culpability, the department may decrease the penalty. Lack of knowledge of the Missouri Air Conservation Law and any associated rule and/or permit shall not be a basis of decreased culpability. The following criteria will be used to determine culpability:

A. How much control the violator had over the events constituting the violation;

B. The foreseeability of the events constituting the violation;

C. Whether the violator took reasonable precautions against the events constituting the violation;

D. Whether the violator knew or should have known of the hazards associated with the conduct; and E. Whether the violator knew or should have known of the legal requirement which was violated. This criteria shall be used only to increase a penalty, not to decrease it;

4. History of noncompliance. Where there has been a

history of noncompliance with the Missouri Air Conservation Law or any associated rule or permit, to a degree deemed significant due to frequency, similarity or seriousness of past violations, and considering the violator’s response to previous enforcement actions, the department may increase the administrative penalty. No downward adjustment is allowed because of this factor;

5. Ability to pay. When a violator has adequately documented that payment of all or a portion of the penalty will preclude the violator from achieving compliance or from carrying out important remedial measures, the department may— A. Waive any of the administrative penalty; or B. Negotiate a delayed payment schedule, installment plan or penalty reductions with stipulated penalties; and 6. Other adjustment factors. This rule allows for other penalty adjustments based on fairness and equity not mentioned in this rule which may arise on a case-by-case basis.

(7) Proceeds from Administrative Penalties. The proceeds from any administrative penalty assessed in accordance with this

rule shall be paid to the county treasurer of the county in Gravity-Based Penalty Assessment Matrix Potential for Harm Extent of Deviation Major Moderate Minor Major $10,000 to $8,750 $8,750 to $7,500 $7,500 to $6,250 Moderate $6,250 to $5,000 $5,000 to $3,750 $3,750 to $2,500 Minor $2,500 to $1,250 $1,250 to $500 $0 which the violation(s) occurred for the use and benefit of the county schools within that county.

(8) Natural Resource Damages. Nothing in this rule shall be construed as satisfying any claim by the state for natural resource damages.

Rescinded and readopted: Filed April 15, 1999, effective Nov. 30, 1999. *Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995 and 643.085, RSMo 1991, amended 1992, 1993.

**History**
- *AUTHORITY: sections 643.050 RSMo Supp. 1998 and 643.085, RSMo 1994. Original rule Sept. 11, 1992, effective July 8, 1993.*

##### **10 CSR 10-6.240** Asbestos Abatement Projects—Registration, Notification and Performance Requirements {#sec-10-csr-10-6.240 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.240}

(Rescinded September 30, 2004)

Corvera Abatement Technologies, Inc. v. Air Conservation Commission and Missouri Department of Natural Resources, Case No. CV 197-985 CC. An action for declaratory judgment and injunctive relief to challenge the final rulemaking decision of the commission was taken to the Cole County Circuit Court. After a hearing conducted January 30, 1998, the circuit court issued an order on February 3, 1998, finding that 10 CSR 10-6.240 is void from its inception. The Missouri Department of Natural Resources was permanently enjoined from enforcing 10 CSR 10-6.240. A notice of appeal for this case was filed February 10, 1998.

**History**
- *AUTHORITY: section 643.050, RSMo Supp. 1992. Original rule filed Dec. 14, 1992, effective Sept. 9, 1993. Rescinded: Filed Jan. 12, 2004, effective Sept. 30, 2004.*

##### **10 CSR 10-6.241** Asbestos Projects—Registration, Abatement, Notification, Inspection, Demolition, and Performance Requirements {#sec-10-csr-10-6.241 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.241}

PURPOSE: This rule requires asbestos contractors to register with the department, to notify the department of each asbestos project, to allow the department to inspect asbestos projects, and to pay inspection fees. Each person who intends to perform asbestos projects in Missouri must register annually with the Missouri Department of Natural Resources’ Air Pollution Control Program. Any person undertaking a demolition or asbestos project must submit a notification to the appropriate agency of the department for each asbestos project and each notification must be accompanied by a fee. Asbestos contractors must allow representatives of the department to conduct inspections of projects and must pay inspection fees.

(1) Applicability.

(A) This rule applies to— 1. All persons that authorize, design, conduct, and work in asbestos projects; and 2. All persons that undertake demolitions or monitor airborne asbestos and dispose of asbestos waste as a result of asbestos projects.

(B) Exemptions. The department may exempt a person from registration, certification, and certain notification requirements provided the person conducts asbestos projects solely at the person’s own place of business as part of normal operations in the facility and also is subject to the requirements and applicable standards of the United States Environmental Protection Agency (EPA) and United States Occupational Safety and Health Administration (OSHA) 29 CFR 1926.1101 promulgated as of July 1, 2023, hereby incorporated by reference as published by the Office of the Federal Register. Copies can be obtained from the U.S. Government Publishing Office at https://bookstore.gpo.

St. Louis, MO 63197-9000. This rule does not incorporate any subsequent amendments or additions. This exemption shall not apply to asbestos contractors, to those subject to the requirements of the Asbestos Hazard Emergency Response Act (AHERA), and to those persons who provide a service to the public in their place(s) of business as the economic foundation of the facility. These shall include, but not be limited to, child daycare centers, restaurants, nursing homes, retail outlets, medical care facilities, hotels, and theaters. Business entities that have received state-approved exemption status shall comply with all federal air sampling requirements for their planned renovation operations. The Asbestos Hazard Emergency Response Act as published by the Department of Commerce and Trade October 1986 is incorporated by reference in this rule. Copies can be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, (2) Definitions.

(A) Asbestos—The asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), anthophyllite, and actinolite-tremolite.

(B) Asbestos abatement—The encapsulation, enclosure, or removal of asbestos-containing materials, in or from a facility, or air contaminant source; or preparation of regulated asbestoscontaining material prior to demolition or renovation.

(C) Asbestos abatement project—See asbestos project.

(D) Asbestos air sampling technician—An individual who has been trained by an air sampling professional to do air monitoring and who conducts air monitoring of asbestos projects. Air sampling technicians need not be certified but are required to pass a training course and have proof of passage of the course at the site along with photo identification.

(E) Asbestos-containing material (ACM)—Any material or (F) Asbestos contractor—Any person who by agreement, contractual or otherwise, conducts asbestos abatement projects at a location other than his/her own place of business.

(G) Asbestos Hazard Emergency Response Act (AHERA)—Law enacted in 1986 (P.L. 99–519).

(H) Asbestos project—An activity undertaken to remove or encapsulate one hundred sixty (160) square feet or two hundred sixty (260) linear feet or thirty-five (35) cubic feet or more of regulated asbestos-containing materials or demolition of any structure or building or a part of it containing the previously mentioned quantities of asbestos-containing materials.

(I) Demolition—The wrecking or taking out of any loadsupporting structural member of a facility together with any related handling operations or the intentional burning of any facility.

(J) Friable asbestos-containing material—Any material that contains more than one percent (1%) asbestos, as determined by either the method specified in appendix E, section 1 Polarized Light Microscopy in 40 CFR 61, subpart M, or EPA/600/R-93/116 Method for the Determination of Asbestos in Bulk Building Materials, that, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure.

(K) Regulated asbestos-containing material (RACM)—Defined 1. Friable asbestos material;

2. Category I nonfriable ACM that has become friable;

3. Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading; or 4. Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this paragraph.

(L) Definitions. Definitions of certain terms specified in this

rule, other than those defined in this rule section, may be (3) General Provisions.

(A) Registration.

1. Any person that conducts an asbestos project shall register with the department. Business entities that qualify for exemption status from the state must reapply for exemption from registration.

2. The person shall apply for registration renewal on an annual basis, and two (2) months before the expiration date shall send the application to the department for processing.

The contractor registration application or business exemption information shall be submitted on the forms provided by the 3. Annually, the person submitting a registration application to the department shall remit a nonrefundable registration application fee to the department. The registration application fee amount is found in 10 CSR 10-6.025(7)(A).

4. To determine eligibility for registration and registration renewal, the department may consider the compliance history of the applicant as well as that of all management employees and officers. The department may also consider the compliance record of any other entity of which those individuals were officers and management employees.

5. Registration may be denied for any one (1) or more of the following reasons:

A. Providing false or misleading statements in the B. Failure to submit a complete application;

C. Three (3) or more citations or violations of existing asbestos regulations within the last two (2) years;

D. Three (3) or more violations of 29 CFR 1910.1001 or 29 CFR 1926.1101 within the last two (2) years;

E. Fraud or failure to disclose facts relevant to their application; and F. Any other information which may affect the applicant’s ability to appropriately perform asbestos work.

(B) Abatement Procedures and Practices.

1. Asbestos project contractors shall use only individuals that have been certified by the department in accordance with

##### **10 CSR 10-6.250** and Chapter 643, RSMo, on asbestos abatement projects. {#sec-10-csr-10-6.250 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.250}

2. At each asbestos project site the person shall provide the following information for inspection by the department:

A. Proof of current departmental registration;

B. Proof of current departmental occupational certification for those individuals on the project;

C. Most recent available air sampling results;

D. Current photo identification for all applicable individuals engaged in the project; and E. Proof of passage of the training course for the air sampling technicians and photo identifications for air sampling technicians.

(C) Revocation of Registration. The director may deny, suspend, or revoke any person’s registration obtained under

section (3) of this rule if the director finds the person in violation of sections 643.225–643.250, RSMo, or Missouri rules

##### **10 CSR 10-6.241** or 10 CSR 10-6.250 or any applicable federal, state, or local standard for asbestos abatement projects. {#sec-10-csr-10-6.241 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.241}

(D) Any person that authorizes an asbestos project, asbestos inspection, or any AHERA-related work shall ensure that Missouri registered contractors and certified individuals are employed, and that all post-notification procedures on the project are in compliance with this rule and 10 CSR 10-6.250 and Chapter 643, RSMo. Business entities that have exemption status from the state are exempt from using registered contractors and from post-notification requirements, when performing in-house asbestos abatement projects.

(E) Asbestos Project Notification. Any person undertaking an asbestos project shall submit a notification to the department for review at least ten (10) working days prior to the start of the project. Business entities with state-approved exemption status are exempt from notification except for those projects for which notification is required by the EPA’s National Emission Standards for Hazardous Air Pollutants (NESHAPS).

The department may waive the ten- (10-) working-day review period upon request for good cause. To apply for this waiver, the person shall complete the appropriate sections of the notification form provided by the department. The person who applies for the ten- (10-) working-day waiver must obtain approval from the department before the project can begin.

1. The person shall submit the notification by email, U.S. Postal Service, fax, or commercial delivery on the form provided by the department.

2. If an amendment to the notification is necessary, the person shall notify the department immediately by email, U.S.

Postal Service, commercial delivery, or fax.

3. Asbestos project notifications shall state actual dates and times of the project, the on-site supervisor, and a description of work practices. If the person must revise the dates and times of the project, the person shall notify the department and the regional office or the appropriate local delegated enforcement agency at least twenty-four (24) hours in advance of the change by email, U.S. Postal Service, commercial delivery, or fax.

4. A nonrefundable notification fee will be charged for each project constituting one hundred sixty (160) square feet, two hundred sixty (260) linear feet, or thirty-five (35) cubic feet or greater. If an asbestos project is in an area regulated by an authorized local air pollution control agency, and the person is required to pay notification fees to that agency, the person is exempt from paying the state fees. Persons conducting planned renovation projects determined by the department to fall under EPA’s 40 CFR part 61 subpart M as specified in 10 CSR 10-6.080(3)(A) must pay this fee and the inspection fees required in subsection (3)(F) of this rule. The amount of the nonrefundable notification fee is specified in 10 CSR 10-6.025(7)

(B).

5. Emergency project. Any person undertaking an emergency asbestos project shall notify the department within twenty-four (24) hours of the onset of the project by telephone or by email and must receive departmental approval of emergency status. Business entities with state-approved exemption status are exempt from emergency notification for state-approved projects that are part of a NESHAPS planned renovation annual notification. If the emergency occurs after normal working hours or weekends, the person shall contact the Environmental Services Program. The notice shall provide— A. A description of the nature and scope of the emergency;

B. A description of the measures immediately used to mitigate the emergency; and C. A schedule for removal. Following the emergency notice, the person shall provide to the director a notification on the form provided by the department and submit it to the director within seven (7) days of the onset of the emergency. The amendment requirements for notification found in subsection (3)(E) of this rule are applicable to emergency projects.

(F) Inspections. Asbestos contractors must allow representatives of the department to conduct inspections of projects.

There shall be a charge per inspection for each of the first two (2) inspections of any asbestos project. The amount of the inspection fee is specified in 10 CSR 10-6.025(7)(C). The department or the local delegated enforcement agency shall bill the person for the inspection(s) and the person shall submit the fee(s) within sixty (60) days of the date of the invoice, or sooner if required by a local delegated enforcement agency within its area of jurisdiction.

(G) All information required under this rule must be submitted on the appropriate forms and contain accurate, legible information. Failure to provide the required information, failure to submit legible information, submission of false information, or failure to provide complete information as required shall be a violation of this rule and may result in the director’s denial or revocation of the forms submitted.

(H) Failure to comply with this rule is a violation of this

rule and Chapter 643, RSMo. Compliance with this rule does not relieve the participants from compliance with any other applicable federal and state rules, laws, standards, or building codes.

(I) Demolition. A nonrefundable notification fee will be charged for each demolition regulated under 10 CSR 10- 6.080. The amount of the inspection fee is specified in 10 CSR 10-6.025(7)(D). If a demolition is in an area regulated by an authorized local air pollution control agency and the person is required to pay notification fees to that agency, the person is exempt from paying the state fees.

(4) Reporting and Recordkeeping.

(A) Post-Notification.

1. Any person undertaking an asbestos project that requires notification according to subsection (3)(E) of this rule, on the department-provided form shall notify the department within sixty (60) days of the completion of the project. This notice shall include a signed and dated receipt for the asbestos waste generated by the project issued by the landfill named on the notification and any final clearance air monitoring results.

The technician performing the analysis shall sign and date all reports of analyses.

2. Business entities are exempt from post-notification requirements, but shall keep records of waste disposal for department inspection.

(B) Additional Recordkeeping. The contractor and the owner shall keep the air monitoring results for three (3) years and make the results available to representatives of the department upon request. All AHERA projects shall comply with EPA air monitoring requirements in 40 CFR part 763 promulgated as of July 1, 2023, and are hereby incorporated by reference as (5) Test Methods. (Not Applicable)

Amended: Filed July 14, 2015, effective Feb. 29, 2016. Amended:

Filed May 9, 2018, effective Feb. 28, 2019. Amended: Filed Oct. 8, 2019, effective July 30, 2020. Amended: Filed June 13, 2024, effective Feb. 28, 2025. Amended: Filed Nov. 13, 2025, effective July 30, 2026. *Original authority: 643.079, RSMo 1992, amended 2005, 2007, 2011, 2013, 2014, 2022, 2023, and 643.225, RSMo 1989, amended 2011, 2012.

**History**
- *AUTHORITY: section 643.225, RSMo 2016, and section 643.079, RSMo Supp. 2025. Original rule filed Jan. 12, 2004, effective Sept. 30, 2004. Amended: Filed June 7, 2007, effective Jan. 30, 2008.*

##### **10 CSR 10-6.250** Asbestos Projects—Certification, Accreditation and Business Exemption Requirements {#sec-10-csr-10-6.250 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.250}

PURPOSE: This rule requires individuals who work in asbestos projects to be certified by the Missouri Department of Natural Resources Air Pollution Control Program. This rule requires training providers who offer training for asbestos occupations to be accredited by the Missouri Department of Natural Resources Air Pollution Control Program. This rule requires persons who hold exemption status from certain requirements of this rule to allow the department to monitor training provided to employees.

Each individual who works in asbestos projects must first obtain certification for the appropriate occupation from the department.

Each person who offers training for asbestos occupations must first obtain accreditation from the department. Certain business entities who meet the requirements for state-approved exemption status must allow the department to monitor training classes provided to employees who perform asbestos projects.

(1) Applicability. This rule applies to— (A) All persons who authorize, design, conduct, and work in asbestos projects;

(B) Those who monitor airborne asbestos as a result of asbestos projects;

(C) Individuals who conduct asbestos inspections and develop Asbestos Hazard Emergency Response Act (AHERA) management plans and project designs; and (D) Those who provide training for individuals involved in subsections (1)(A)–(C) of this rule.

(2) Definitions.

(A) Air contaminant source—Any and all sources of emission of air contaminants whether privately or publicly owned or operated.

(B) Asbestos—The asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), anthophyllite, and actinolite-tremolite.

(C) Asbestos abatement—The encapsulation, enclosure, or removal of asbestos-containing materials in or from a facility or air contaminant source, or preparation of regulated asbestoscontaining material prior to demolition or renovation.

(D) Asbestos abatement contractor—Any person who by agreement, contractual or otherwise, conducts asbestos abatement projects at a location other than his/her own place of business.

(E) Asbestos abatement project—See asbestos project.

(F) Asbestos-containing material (ACM)—Any material or (G) Asbestos inspector—An individual who collects and assimilates information used to determine the presence and condition of asbestos-containing material in a facility or other air contaminant source. An asbestos inspector has to hold a diploma from a fully approved EPA or Missouri-accredited AHERA inspector course and a high school diploma or its equivalent.

(H) Asbestos project—An activity undertaken to remove or encapsulate one hundred sixty (160) square feet or two hundred sixty (260) linear feet or thirty-five (35) cubic feet or more of regulated asbestos-containing materials or demolition of any structure or building or a part of it containing the previously mentioned quantities of asbestos-containing materials.

(I) Facility—Any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four (4) or fewer dwelling units); any ship; and any active or inactive waste disposal site. For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation or building that was previously subject to this subsection is not excluded, regardless of its current use or function.

(J) Definitions. Definitions of certain terms specified in this

rule, other than those defined in this rule section, may be (3) General Provisions.

(A) Certification.

1. An individual must receive certification from the department before that individual participates in an asbestos project, inspection, AHERA management plan, abatement project design, or asbestos air sampling in the state of Missouri.

This certification must be renewed annually with the exception of air sampling professionals. To become certified an individual must meet the qualifications in the specialty area as defined in the EPA’s AHERA Model Accreditation Plan, 40 CFR part 763, Appendix C, subpart E promulgated as of July 1, 2023, Government Publishing Office at https://bookstore.gpo.gov/ or for mail orders, print and fill out an order form online and mail to U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This rule does not incorporate any subsequent amendments or additions. The individual must successfully complete a fully approved U.S. Environmental Protection Agency (EPA) or Missouri-accredited AHERA training course and pass the training course exam and pass the Missouri asbestos examination with a minimum score of seventy percent (70%) and submit a completed departmentsupplied application form to the department along with the appropriate certification fees. The department shall issue a certificate to each individual that meets the requirements for the job category.

2. In order to receive Missouri certification, individuals must be trained by Missouri accredited providers.

3. Qualifications. An individual shall present proof of these to the department with the application for certification.

The following are the minimum qualifications for each job category:

A. An asbestos air sampling professional conducts, oversees, or is responsible for air monitoring of asbestos projects. Air sampling professionals must satisfy one (1) of the following qualifications for certification:

(I) Bachelor of science degree in industrial hygiene plus one (1) year of field experience. The individual must provide a copy of his/her diploma, a certified copy of his/her transcript, and documentation of one (1) year of experience;

(II) Master of science degree in industrial hygiene.

The individual must provide a copy of his/her diploma and a certified copy of his/her transcript;

(III) Certification as an industrial hygienist as designated by the American Board of Industrial Hygiene. The individual must provide a copy of his/her certificate and a certified copy of his/her transcript, if applicable;

(IV) Three (3) years of practical industrial hygiene field experience including significant asbestos air monitoring and completion of a forty- (40-) hour asbestos course including air monitoring instruction. At least fifty percent (50%) of the three- (3-) year period must have been on projects where a degreed or certified industrial hygienist or a Missouri certified asbestos air sampling professional was involved. The individual must provide to the department written reference by the industrial hygienist or the asbestos air sampling professional stating the individual’s performance of monitoring was acceptable and that the individual is capable of fulfilling the responsibilities associated with certification as an asbestos air sampling professional. The individual must also provide documentation of his/her experience and a copy of his/her asbestos course certificate; or (V) Other qualifications including but not limited to an American Board of Industrial Hygiene accepted degree or a health/safety related degree combined with related experience.

The individual must provide a copy of his/her diploma and/or certification, a certified copy of his/her transcript, and letters necessary to verify experience;

B. An asbestos air sampling technician is an individual who has been trained by an air sampling professional to do air monitoring and who conducts air monitoring of asbestos projects. Air sampling technicians need not be certified but are required to pass a training course and have proof of passage of the course at the site along with photo identification. This course shall include— (I) Air monitoring equipment and supplies;

(II) Experience with pump calibration and location;

(III) Recordkeeping of air monitoring data for asbestos projects;

(IV) Applicable asbestos regulations;

(V) Visual inspection for final clearance sampling; and (VI) A minimum of sixteen (16) hours of air monitoring field equipment training by a certified air sampling professional;

C. An asbestos inspector is an individual who collects and assimilates information used to determine the presence and condition of asbestos-containing material in a building or other air contaminant source. An asbestos inspector must hold a diploma from a fully approved EPA or Missouri-accredited AHERA inspector course and a high school diploma or its equivalent;

D. An AHERA asbestos management planner is an individual who, under AHERA, reviews the results of inspections, reinspections, or assessments and writes recommendations for appropriate response actions. An AHERA asbestos management planner must hold diplomas from a fully approved EPA or Missouri-accredited AHERA inspector course and a fully approved EPA or Missouri-accredited management planner course. The individual must also hold a high school diploma or its equivalent;

E. An abatement project designer is an individual who designs or plans asbestos abatement. An abatement project designer must— (I) Have a diploma from a fully approved EPA or Missouri-accredited project designer course;

(II) Have an engineering or industrial hygiene degree;

(III) Have working knowledge of heating, ventilation, and air conditioning systems;

(IV) Hold a high school diploma or its equivalent; and (V) Have at least four (4) years experience in building design, heating, ventilation, and air conditioning systems. The department may require individuals with professional degrees for complex asbestos projects;

F. An asbestos supervisor is an individual who directs, controls, or supervises others in asbestos projects. An asbestos supervisor shall— (I) Hold a diploma from a fully approved EPA or Missouri-accredited AHERA abatement contractor/supervisor course; and (II) Have one (1) year full-time prior experience in asbestos abatement work or in general construction work; and G. An asbestos abatement worker is an individual who engages in asbestos projects. An asbestos abatement worker shall— (I) Hold a diploma from a fully approved EPA; or (II) Missouri-accredited AHERA worker training course.

4. Certification may be denied for any one (1) or more of A. Failure to meet minimum training, education, or experience requirements;

B. Providing false or misleading statements in the C. Failure to submit a complete application;

D. Three (3) or more citations or violations of existing asbestos regulations within the last two (2) years;

E. Three (3) or more violations of 29 CFR 1910.1001 or 29 CFR 1926.1101 within the last two (2) years. 29 CFR 1910.1001 and 29 CFR 1926.1101 promulgated as of July 1, 2023, are amendments or additions;

F. Fraud or failure to disclose facts relevant to their G. Permitting the duplication or use by another of the individual’s certificate; and H. Any other information which may affect the applicant’s ability to appropriately perform asbestos work.

(B) Recertification.

1. All asbestos inspectors, management planners, abatement project designers, supervisors, and workers shall pass a Missouri-accredited annual AHERA refresher course and examination in their specialty area. The refresher course must be specific to the individual’s initial certification and must meet the requirements of the EPA’s AHERA Model Accreditation Plan 40 CFR part 763 promulgated as of July 1, 2023, hereby incorporated by reference as published by the Office of the Federal Register. Copies can be obtained from the U.S. Government Publishing Office at https://bookstore.gpo.gov/ or for mail orders, print and fill out an order form online and mail to U.S.

2. In the case of significant changes in Missouri statutes or rules the department will require individuals to retake a revised version of the Missouri asbestos examination prior to being recertified.

(C) Certification/Recertification Fees. The department shall assess certification/recertification fees as found in 10 CSR 10- 6.025(8)(A).

(D) Accreditation of Training Programs. To be a training provider for the purposes of this rule, a person shall apply for accreditation to the department and comply with EPA’s AHERA Model Accreditation Plan 40 CFR part 763, Appendix C, subpart E as incorporated by reference in paragraph (3)(B)1. of this rule.

Business entities that are determined by the department to fall under subsection (3)(E) of this rule are exempt from this 1. Training providers shall apply for approval of a training course(s) as provided in section 643.228, RSMo, on the department-supplied Asbestos Training Course Accreditation form.

A. In addition to the written application, the training provider shall present each initial course for the department to audit. The department may deny accreditation of a course if the applicant fails to provide information required within sixty (60) days of receipt of written notice that the application is deficient. All training providers must apply for reaccreditation biennially.

B. Training providers must submit documentation that their courses meet the criteria set forth in this rule. Out-of-state providers must submit documentation of biennial audit by an accrediting agency with a written verification that Missouri rules are addressed in the audited course.

C. Providers must pay an accreditation fee as found in 10 CSR 10-6.025(8)(B).

2. At least two (2) weeks prior to the course starting date, training providers shall notify the department of their intent to offer initial training and refresher courses. The notification shall include the course title, starting date, the location at which the course will take place, and a list of the course instructors.

3. All training courses shall have a ratio of students to instructors in hands-on demonstrations that shall not exceed ten-to-one (10:1).

4. Instructor qualifications.

A. An individual must be Missouri-certified in a specialty area before they will be allowed to teach in that specialty area, except that instructors certified as supervisors may also instruct a worker course.

B. An individual with experience and education in industrial hygiene shall teach the sections of the training courses concerning the performance and evaluation of air monitoring programs and the design and implementation of respiratory protection programs. The department does not require that the instructor hold a degree in industrial hygiene, but the individual must provide documentation and written explanation of experience and training.

C. An individual who is a Missouri-certified supervisor, and who has sufficient training and work experience to effectively present the assigned subject matter, shall teach the hands-on training sections of all courses.

D. An individual who teaches the portions of the project designer’s course involving heating, ventilation, and air conditioning (HVAC) systems must— (I) Be a licensed architect or a licensed engineer; or (II) Must provide documentation of training and at least five (5) years’ experience in the field.

5. The course provider must administer and monitor all course examinations. The course provider assumes responsibility for the security of exam contents and shall ensure that the participant passes the exam on his/her own merit. Minimum security measures for the written exams include ample space between participants, absence of written materials other than the examination, and supervision of the exam by course provider.

6. When the provider offers training on short notice, the training provider shall notify the department as soon as possible but no later than two (2) days prior to commencement of that training.

7. When the provider cancels the course, the training provider should notify the department at the same time s/he notifies course participants and shall follow up with written notification.

8. When rules, policies, or procedures change, the training provider must update the initial and refresher courses. The training provider must notify the department as soon as s/he makes the changes.

9. The department may withdraw accreditation from providers who fail to accurately portray their Missouri accreditation in advertisements, who fail to ensure security of examinations, who fail to ensure that each student passes the exam on his/her own merit, or who issue improper certificates.

10. Training course providers must notify the department of any changes in training course content or instructors.

Training course providers must submit résumés of all new instructors to the department as soon as substitutions or additions are made.

11. The department may revoke or suspend accreditation of any course subject to this rule if alterations in the course cause it to fail the department’s accreditation criteria.

12. Training providers shall have thirty (30) days to correct identified deficiencies in training course(s) before the department revokes accreditation.

(E) Business Exemptions. The department may exempt a person from registration, certification, and certain notification requirements provided the person conducts asbestos projects solely at the person’s own place(s) of business as part of normal operations in the facility and the person is also subject to the requirements and applicable standards of the EPA and United States Occupational Safety and Health Administration (OSHA) 29 CFR 1926.1101 as incorporated by reference in subparagraph (3)(A)4.E. of this rule. The person shall submit an application for exemption to the department on the department-supplied form. This exemption shall not apply to asbestos abatement contractors, to those subject to the requirements of AHERA, and to those persons who provide a service to the public in their place(s) of business as the economic foundation of the facility. These shall include, but not be limited to, child daycare centers, restaurants, nursing homes, retail outlets, medical care facilities, hotels, and theaters. The department shall review the exemption application within one hundred eighty (180) days.

State-exempted business entities shall comply with all federal air sampling requirements for planned renovation operations.

1. Training course requirements.

A. The person shall fill out the department-supplied form describing training provided to employees and an explanation of how the training meets the applicable OSHA and EPA standards.

B. The person shall notify the department two (2) weeks before the person conducts training programs. This notification shall include the course title, start-up date, location, and course instructor(s).

C. If the person cancels the course, the person shall notify the department at the same time the person notifies course participants and follow up with written notification to the department.

D. When regulations, policies, or procedures change, the person must update the initial and refresher courses and notify the department as soon as the person makes the changes.

E. When the person conducts hands-on training, the ratio of students to instructors shall not exceed ten-to-one (10:1).

F. The person must allow representative(s) of the department to attend the training course for purposes of determining compliance with this rule.

G. Exempted persons shall submit to the director changes in curricula, instructors, and other significant revisions to the training program as they occur and submit résumés of all new instructors to the department as soon as substitutions or additions are made.

H. The department may revoke or suspend an exemption if on-site inspection indicates that the training fails the exemption requirements. These include, but are not limited to, a decrease in course length, a change in course content, or use of different instructors than those indicated in the application.

The department, in writing, shall notify the person responsible for the training of deficiencies. The person shall have thirty (30) days to correct the deficiencies before the department issues final written notice of exemption withdrawal.

2. If the department finds an exemption application deficient, the person has sixty (60) days to correct the deficiencies. If, within sixty (60) days, the person fails to provide the department with the required information, the department may deny approval of the exemption.

3. The person shall submit a Business Exemption Application fee in accordance with 10 CSR 10-6.025(8)(C).

(F) All information required under this rule must be submitted on the appropriate forms and contain accurate, legible information. Failure to provide the required information, failure to submit legible information, submission of false information, or failure to provide complete information as required shall be a violation of this rule and may result in the director’s denial or revocation of the forms provided.

(4) Reporting and Recordkeeping. (Not Applicable)

(5) Test Methods. (Not Applicable)

Filed Aug. 1, 1994, effective March 30, 1995. Amended: Filed Jan. 12, 2004, effective Sept. 30, 2004. Amended: Filed June 7, 2007, effective Jan. 30, 2008. Amended: Filed July 14, 2015, effective Feb. 29, 2016. Amended: Filed May 9, 2018, effective Feb. 28, 2019. ** Amended: Filed June 13, 2024, effective Feb. 28, 2025. Amended:

Filed Nov. 13, 2025, effective July 30, 2026. *Original authority: 643.079, RSMo 1992, amended 2005, 2007, 2011, 2013, 2014, 2022, 2023, and 643.225, RSMo 1989, amended 2011, 2012. **Pursuant to Executive Order 21-07, 10 CSR 10-6.250, subsection (3)(B) was suspended from April 8, 2020 through February 1, 2021.

**History**
- *AUTHORITY: section 643.225, RSMo 2016, and section 643.079, RSMo Supp. 2025. Original rule filed Dec. 14, 1992, effective Sept. 9, 1993. Emergency amendment filed July 26, 1994, effective Aug. 5, 1994, expired Dec. 2, 1994. Emergency amendment filed Nov. 15, 1994, effective Dec. 2, 1994, expired March 31, 1995. Amended:*

##### **10 CSR 10-6.255** Chemical Accident Prevention for Agricultural Anhydrous Ammonia {#sec-10-csr-10-6.255 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.255}

PURPOSE: This rule defines the Agricultural Anhydrous Ammonia Program and the requirements of facilities which are subject to this program in the state of Missouri.

(1) Applicability.

(A) This rule shall apply throughout Missouri to agricultural anhydrous ammonia facilities, which includes retail agricultural anhydrous ammonia facilities, and distributor or terminal agricultural anhydrous ammonia facilities.

(B) The methods of ANSI/CGA G-2.1-2023, Requirements for the Storage and Handling of Anhydrous Ammonia (Seventh Edition), as published February 14, 2023, by the Compressed Gas Association (CGA) are hereby incorporated by reference.

Copies of ANSI/CGA G-2.1-2023, Requirements for the Storage and Handling of Anhydrous Ammonia (Seventh Edition), can be obtained from the American National Standards Institute (ANSI), 1899 L Street, 11th Floor, Washington, DC 20036. This

rule does not incorporate any subsequent amendments or (C) Unless otherwise noted in subsections (1)(D) or (3)(A) of this rule, the provisions of 40 CFR 68, promulgated as of July 1, 2023, are hereby incorporated by reference as published by the U.S. Government Publishing Office, available at http:// (D) Exceptions.

1. Changes to 40 CFR 68 as described in subsection (3)(A) of this rule apply.

2. The provisions of 40 CFR 68.120 are not incorporated by reference in subsection (1)(C) of this rule.

3. Agricultural anhydrous ammonia facilities that also use, store, or sell anhydrous ammonia that does not meet the definition of agricultural anhydrous ammonia are only subject to this rule for the agricultural anhydrous ammonia that is used, stored, or sold at the facility. The anhydrous ammonia that is used, stored, or sold at the facility that is not agricultural anhydrous ammonia is not regulated by this rule.

(2) Definitions.

(A) Definitions for key words and phrases used in this rule may be found in 40 CFR 68.3 as incorporated by reference in subsection (1)(C) of this rule.

(B) Agricultural anhydrous ammonia—Anhydrous ammonia intended to be used as fertilizer or in the manufacturing of fertilizer.

(C) Agricultural anhydrous ammonia facility—A stationary source facility that uses, stores, or sells agricultural anhydrous ammonia that meets the threshold quantity of ten thousand (10,000) lbs. as listed in Table 2 of 40 CFR 68.130, which is incorporated by reference in subsection (1)(C) of this rule. This includes but is not limited to retail agricultural anhydrous ammonia facilities and distributor or terminal agricultural anhydrous ammonia facilities.

(D) Distributor or terminal agricultural anhydrous ammonia facility—Any facility that is subject to a risk management plan (RMP) Program 3 under 40 CFR 68, which is incorporated by reference in subsection (1)(C) of this rule, and that— 1. Provides agricultural anhydrous ammonia to retail agricultural anhydrous ammonia facilities; or 2. Uses anhydrous ammonia in the manufacture of a fertilizer.

(E) Fertilizer—Includes any organic or inorganic material of natural or synthetic origin which is added to soil, soil mixtures, or solution to supplement nutrients and contains one (1) or more essential plant nutrients.

(F) Retail agricultural anhydrous ammonia facility—An agricultural anhydrous ammonia facility that sells agricultural anhydrous ammonia to end users or applies agricultural anhydrous ammonia to agricultural fields for a fee. Farmers who hold agricultural anhydrous ammonia solely for their own use as a nutrient fertilizer are excluded from this definition.

(3) General Provisions.

(A) The following changes to 40 CFR 68, which is incorporated by reference in subsection (1)(C) of this rule, apply:

1. The term “agricultural anhydrous ammonia facility” as defined in section (2) of this rule shall replace the term “stationary source” anywhere it appears in 40 CFR 68; and 2. The term “recognized and generally accepted good engineering practices” as it appears in any of the provisions of 40 CFR 68 listed in subparagraphs (3)(A)2.A.—(3)(A)2.D. of this rule shall be replaced by the following clause: ANSI/CGA G-2.1-2023 Requirements for the Storage and Handling of Anhydrous Ammonia (Seventh Edition), which is incorporated by reference in subsection (1)(B) of this rule. Alternative codes and specifications may be allowed if demonstrated to be equivalent to or safer than these requirements, and such demonstration is approved in advance by the director.

A. 40 CFR 68.48(b), regarding process design.

B. 40 CFR 68.56(d), regarding inspection and testing of process equipment.

C. 40 CFR 68.65(d)(2), regarding documentation of information pertaining to the process equipment.

D. 40 CFR 68.73(d)(2), regarding inspection and testing of mechanical integrity of the process equipment listed in 40 CFR 68.73(a).

(B) Risk Management Plan (RMP) Requirements. RMPs shall be submitted to EPA and made available during inspection visits conducted by the department staff.

(C) Registration and Fees. Agricultural anhydrous ammonia facilities must pay applicable registration and tonnage fees as specified in 10 CSR 10-6.025(9).

(4) Reporting and Recordkeeping. All reporting and recordkeeping provisions found in 40 CFR 68, which is incorporated by reference in subsection (1)(C) of this rule, including the applicable changes listed in subsection (3)(A) of this rule, apply.

(5) Test Methods. Testing shall be conducted in a manner consistent with ANSI/CGA G-2.1-2023 Requirements for the Storage and Handling of Anhydrous Ammonia (Seventh Edition), which is incorporated by reference in subsection (1)(B) of this

rule. Alternative test methods may be allowed if demonstrated to be equivalent to or safer than these requirements, and such demonstration is approved in advance by the director. filed June 13, 2024, effective Feb. 28, 2025. Amended: Filed Nov. 13, 2025, effective July 30, 2026. *Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011, 2022.

##### **10 CSR 10-6.260** Restriction of Emission of Sulfur Compounds {#sec-10-csr-10-6.260 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.260}

(Rescinded November 30, 2015)

**History**
- *AUTHORITY: section 643.050, RSMo Supp. 2011. Original rule filed Jan. 19, 1996, effective Aug. 30, 1996. Amended: Filed Sept. 29, 2003, effective May 30, 2004. Amended: Filed June 26, 2007, effective Feb. 29, 2008. Amended: Filed Dec. 16, 2008, effective Sept. 30, 2009. Amended: Filed Jan. 31, 2012, effective Sept. 30, 2012. Rescinded: Filed April 10, 2015, effective Nov. 30, 2015.*

##### **10 CSR 10-6.261** Control of Sulfur Dioxide Emissions {#sec-10-csr-10-6.261 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.261}

PURPOSE: This rule establishes requirements for emission units emitting sulfur dioxide (SO ). These requirements maintain existing SO regulatory requirements previously found in 10 CSR 10-6.260 that were in place prior to the establishment of the June 22, 2010, one (1)-hour SO National Ambient Air Quality Standards (NAAQS). The rule consolidates, streamlines, and updates existing regulatory requirements in accordance with 536.175, RSMo.

(1) Applicability. This rule applies to owners and operators of indirect heating sources that emit sulfur dioxide (SO ) and have a total capacity greater than three hundred fifty thousand British thermal units (350,000 Btus) per hour actual heat input.

The following exceptions apply to any source not listed in Table I of this rule. Upon request of the director, owners or operators must furnish the director information to confirm that an exception criterion is met:

(A) Individual units fueled exclusively with natural gas (as defined in 40 CFR 72.2), liquefied petroleum gas as defined by American Society for Testing and Materials (ASTM) International, ultra-low sulfur distillate fuel oil with a maximum fuel sulfur content of fifteen (15) ppm, or any combination of these fuels, and this exception is determined by complying with the recordkeeping requirements in subsection (4)(C) of this rule;

(B) Individual indirect heating units with a rated capacity less than or equal to three hundred fifty thousand British thermal units (350,000 Btus) per hour actual heat input; or (C) Individual units subject to a more restrictive SO emission limit or more restrictive fuel sulfur content limit under— 1. 10 CSR 10-6.070; or 2. Missouri’s federally approved state implementation plan.

(2) Definitions.

(A) Indirect heating source—A source operation in which fuel is burned for the primary purpose of producing steam, hot water, or hot air, or other indirect heating of liquids, gases, or solids where, in the course of doing so, the products of combustion do not come into direct contact with process (B) Stationary source—Any building, structure, facility, or installation which emits or may emit any air pollutant subject to

regulation under the Clean Air Act. Building, structure, facility, or installation includes all pollutant emitting activities that are and are under common control of the same person(s).

(C) Definitions of certain terms specified in this rule, other than those defined in section (2) of this rule, may be found in 10 CSR 10-6.020.

(3) General Provisions.

(A) SO

Emission Limits. Owners or operators of sources and/or units listed in Table I of this rule must limit their SO emissions as specified.

Table I—Sources subject to SO emission limits Emission Limit per (Pounds SO per Million Btus Actual Heat Input)

New Madrid Power Plant – Marston143000410.03 hours Thomas Hill Energy Center Power Division – Thomas Hill17500018.03 hours University of Missouri (MU) – Columbia Power Plant01900048.03 hours Doe Run Company – Buick Resource Recycling Facility0930009 8,650 pounds /hr 1-hour test repeated 3 times Ameren Missouri – Labadie Energy Center 07100034.8 Daily average, 00:01 to 24:00 Evergy Inc.

– Hawthorn Generating Station c 0950022 0.12 excluding periods of startup and shutdown d 30-day rolling average Applies to indirect heating units only and applies to such units individually.

Applies to Boilers 1, 2, 3, and 4 only and individually. c Applies to Boiler 5A only. d Natural gas shall be used for startup of Hawthorn Boiler 5A.

During startup, once the unit converts to firing coal, the dry scrubber shall be started appropriately to comply with relevant standard applicable during normal operation. During shutdown, the dry scrubber shall be operated after cessation of coal being fed in the unit for as long as possible thereafter considering operational and safety concerns.

(B) Owners or operators of indirect heating sources with a total capacity, excluding exempt units, greater than three hundred fifty thousand British thermal units (350,000 Btus) per hour actual heat input must limit their SO emissions as 1. For sources located in Missouri, other than in Franklin, Jefferson, St. Louis, St. Charles Counties, or City of St. Louis, no more than eight pounds (8 lbs.) of SO per million Btus actual heat input averaged on any consecutive three- (3-) hour time period unless that source is listed in Table I of this rule; and 2. For sources located in Franklin, Jefferson, St. Louis, St.

Charles Counties, or City of St. Louis, no more than two and three-tenths pounds (2.3 lbs.) of SO per million Btus actual heat input averaged on any consecutive three- (3-) hour time period unless— A. The source is listed in Table I of this rule; or B. The source has a total rated capacity of less than two thousand (2,000) million Btus per hour and then the following restrictions apply.

(I) During the months of October, November, December, January, February, and March of every year, no person shall burn or permit the burning of any coal containing more than two percent (2%) sulfur or of any fuel oil containing more than two percent (2%) sulfur. Otherwise, no person shall burn or permit the burning of any coal or fuel oil containing more than four percent (4%) sulfur.

(II) Part (3)(B)2.B.(I) of this rule does not apply to any source if it can be shown that emissions of SO from the source into the atmosphere will not exceed two and three-tenths pounds (2.3 lbs.) per million Btus actual heat input to the (C) Compliance Determination. Compliance must be determined as follows:

1. For sources and/or units listed in Table I of this rule already subject to an SO Continuous Emission Monitoring System (CEMS) requirement, SO CEMS data— A. SO CEMS are not required for the following cases:

(I) Units fueled exclusively by natural gas and not using any secondary fuel; or (II) Units fueled by natural gas and only using fuel oil for less than forty-eight (48) hours annually and only for qualifying situations (e.g., testing, maintenance, or operator training). The forty-eight- (48-) hour annual limit for the use of fuel oil as a secondary fuel does not include qualifying curtailment events and compliance must be demonstrated using paragraph (3)(C)2. of this rule; and B. SO CEMS must follow the requirements in subsection (5)(C) of this rule; and 2. For sources subject to subsection (3)(B) of this rule and for sources listed in Table I of this rule not required to use SO CEMS for compliance— A. Fuel delivery records;

B. Fuel sampling and analysis;

C. Performance tests;

D. Continuous emission monitoring; or E. Other compliance methods approved by the staff director and the U.S. Environmental Protection Agency and incorporated into the state implementation plan.

(4) Reporting and Recordkeeping.

(A) Owners or operators of all sources subject to any requirements in section (3) of this rule must— 1. Report any excess emissions other than startup, shutdown, and malfunction excess emissions already required to be reported under 10 CSR 10-6.050 to the staff director for each calendar quarter within thirty (30) days following the end of the quarter. In all cases, the notification must be a written report and include, at a minimum, the following:

A. Name and location of source;

B. Name and telephone number of person responsible for the source;

C. Identity and description of the equipment involved;

D. Time and duration of the period of SO excess E. Type of activity;

F. Estimate of the magnitude of the SO excess emissions expressed in the units of the applicable emission control

regulation and the operating data and calculations used in estimating the magnitude;

G. Measures taken to mitigate the extent and duration of the SO excess emissions; and H. Measures taken to remedy the situation which caused the SO excess emissions and the measures taken or planned to prevent the recurrence of these situations;

2. Maintain a record of any applicable data, calculations, results, records, and reports from any SO emissions performance test, SO continuous emission monitoring, fuel deliveries, and/or fuel sampling tests that are necessary to determine compliance with the requirements of this rule; and 3. Maintain a record of any applicable SO monitoring data, performance evaluations, calibration checks, monitoring system and device performance tests, and any adjustments and maintenance performed on these systems or devices.

(B) Owners or operators of sources using fuel delivery records for compliance must also maintain the fuel supplier certification information to certify all fuel deliveries. Bills of lading and/or other fuel delivery documentation containing the following information for all fuel purchases or deliveries are deemed acceptable to comply with the requirements of this rule:

1. The name, address, and contact information of the fuel supplier;

2. The type of fuel (bituminous or sub-bituminous coal, diesel, #2 fuel oil, etc.);

3. The moisture content of the coal (if applicable);

4. The sulfur content or maximum sulfur content expressed in percent sulfur by weight or in ppm sulfur; and 5. The heating value of the fuel.

(C) Owners or operators of sources meeting an exemption listed in subsection (1)(A) of this rule must maintain documentation of all fuels combusted in the unit(s) exempted by subsection (1)(A) and documentation demonstrating these fuels meet the exemption criteria in subsection (1)(A). Documentation demonstrating the fuels meet the exemption criteria can include but is not limited to fuel contracts that specify the maximum allowable sulfur content of all fuels combusted in the exempt unit(s).

(D) All required reports and records must be retained on-site for a minimum of five (5) years and made available within five (5) business days upon written or electronic request by the (E) Owners or operators of sources subject to this rule must furnish the director all data necessary to determine compliance status.

(5) Test Methods.

(A) Owners or operators of sources using performance tests to demonstrate compliance with this rule must use one (1) or more of the following 40 CFR 60 test methods as specified in 10 CSR 10-6.030(22):

1. Method 1: Sample and velocity traverses for stationary sources;

2. Method 2: Determination of stack gas velocity and volumetric flow rate (Type S pitot tube);

3. Method 3: Gas analysis for the determination of dry molecular weight;

4. Method 4: Determination of moisture content in stack gases;

5. Method 6: Determination of Sulfur Dioxide Emissions from Stationary Sources;

6. Method 6A: Determination of Sulfur Dioxide, Moisture, and Carbon Dioxide from Fuel Combustion Sources;

7. Method 6B: Determination of Sulfur Dioxide and Carbon Dioxide Daily Average Emissions from Fossil Fuel Combustion Sources;

8. Method 6C: Determination of Sulfur Dioxide Emissions from Stationary Sources (Instrumental Analyzer Procedure);

9. Method 8: Determination of sulfuric acid mist and sulfur dioxide emissions from stationary sources.

(B) For owners or operators of sources using performance tests to demonstrate compliance with this rule, the heating value of the fuel must be determined as specified in 10 CSR 10-6.040. The actual heat input must be determined by multiplying the heating value of the fuel by the amount of fuel burned during the source test period.

(C) Owners or operators of sources using SO CEMS for demonstrating compliance with this rule must— 1. If SO CEMS is already used to satisfy other requirements (other than only to demonstrate compliance with this rule), continue to follow all correlating SO CEMS requirements; or 2. If SO CEMS is used only to demonstrate compliance with this rule, the SO CEMS and any necessary auxiliary monitoring equipment must follow the requirements in 40 CFR 75 and/or 40 CFR 60, Appendices B and F. 40 CFR 75 promulgated as of June 30, 2018, hereby incorporated by reference in this rule, as published by the Office of the Federal Register. Copies can incorporate any subsequent amendments or additions. 40 CFR 60, Appendices B and F are as specified in 10 CSR 10-6.030(22).

(D) Owners or operators of secondary lead smelters must operate an SO CEMS as follows:

1. The SO CEMS must be certified by the owner or operator in accordance with 40 CFR 60 Appendix B, Performance Specification 2 and Section 60.13 as specified in 10 CSR 10- 6.030(22) as is pertinent to SO continuous emission monitors as adopted by reference in 10 CSR 10-6.070; and 2. The span of SO continuous emission monitors must be set at an SO concentration of one-fifth percent (0.20%) by volume.

(E) Owners or operators of sources using fuel sampling to demonstrate compliance with this rule must use fuel sampling and analysis to determine sulfur weight percent, or equivalent, of fuel(s) used to operate fuel emission sources and/or units regulated by this rule in accordance with 10 CSR 10-6.040.

(F) Owners or operators of sources may use an alternative test method that provides results at least the same accuracy and precision as the replaced method, and is approved in advance by the staff director, the EPA, and incorporated into the state implementation plan. filed April 10, 2015, effective Nov. 30, 2015. Amended: Filed June 21, 2018, effective March 30, 2019. Amended: Filed Sept. 20, 2024, effective May 30, 2025. *Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011, 2022.

##### **10 CSR 10-6.270** Acid Rain Source Permits Required {#sec-10-csr-10-6.270 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.270}

PURPOSE: This rule establishes certain general provisions and operating permit program requirements for affected sources and affected units under the federal Acid Rain Program.

(1) Applicability. This rule applies to the sources and affected units subject to the federal Acid Rain Program described under 40 CFR 72.6 as specified in section (3) of this rule.

(2) Definitions. Definitions of terms that apply to the Acid Rain Program may be found in 40 CFR 72.2 and 40 CFR 76.2 as specified in section (3) of this rule.

(3) General Provisions.

(A) The provisions under 40 CFR 72, 40 CFR 73, 40 CFR 75, 40 CFR 76, 40 CFR 77, and 40 CFR 78, promulgated as of July 1, 2019 shall apply and are hereby incorporated by reference in this

rule, as published by the Office of the Federal Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street NW, Washington DC 20401. This rule does not (B) If the provisions or requirements of 40 CFR 72 and 40 CFR 75 conflict with or are not included in Missouri state rule 10 CSR 10-6.065 Operating Permits Required, the provisions and requirements of 40 CFR 72 and 40 CFR 75 take precedence.

(4) Reporting and Record Keeping. Reporting and record keeping requirements are specified in the federal regulations incorporated by reference under section (3) of this rule.

(5) Test Methods. Test methods are specified in the federal regulations incorporated by reference under section (3) of this June 2, 1994, effective Dec. 30, 1994. Amended: Filed Oct. 9, 1998, effective Aug. 30, 1999. Amended: Filed Nov. 25, 2019, effective Sept. 30, 2020.

##### **10 CSR 10-6.280** Compliance Monitoring Usage {#sec-10-csr-10-6.280 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.280}

PURPOSE: This rule is necessary to meet the federal Clean Air Act requirements for alternate compliance certification methods and to enhance the enforceability of the state implementation plan.

This rule does this by establishing a methodology for identifying acceptable testing, monitoring, or information.

(1) Applicability. This regulation applies to air pollution sources throughout Missouri.

(2) Definitions. (Not Applicable)

(3) General Provisions.

(A) Compliance Certifications. Regardless of any other provision in any plan approved by the administrator, for the

purpose of submission of compliance certificates the owner or operator may use the following in addition to any specified compliance methods:

1. Monitoring methods outlined in 40 CFR 64 promulgated as of July 1, 2018 is hereby incorporated by reference as incorporate any subsequent amendments or additions;

2. Monitoring method(s) approved for the source pursuant to 10 CSR 10-6.065 Operating Permits, and incorporated into an operating permit; and 3. Any other monitoring methods approved by the director.

(B) Enforcement. Regardless of any other provision in the state implementation plan, any credible evidence may be used for the purpose of establishing whether a source or facility has violated or is in violation of any such plan or other applicable requirement. Information from the use of the following methods is presumptively credible evidence of whether a violation has occurred at a source:

1. Monitoring methods outlined in 40 CFR 64, as incorporated by reference in paragraph (3)(A)1. of this rule.

2. A monitoring method approved for the source pursuant to 10 CSR 10-6.065 Operating Permits, and incorporated into an operating permit; and 3. Compliance test methods specified in this rule cited as the authority for the emission limitations.

(4) Reporting and Record Keeping. (Not Applicable)

(5) Test Methods. The following testing, monitoring, or information gathering methods are presumptively credible testing, monitoring, or information gathering methods:

(A) Applicable monitoring or testing methods, cited in: 10 CSR 10-6.030 Sampling Methods for Air Pollution Sources; 10 CSR 10-6.040 Reference Methods; 10 CSR 10-6.070 New Source Performance Standards; 10 CSR 10-6.075 Maximum Achievable Control Technology Regulations; and 10 CSR 10-6.080 Emission Standards for Hazardous Air Pollutants; or (B) Other testing, monitoring, or information gathering methods, if approved by the director, that produce information comparable to that produced by any method in subsection (3)

(B) or subsection (5)(A).

June 2, 1994, effective Dec. 30, 1994. Amended: Filed July 12, 2001, effective March 30, 2002. Amended: Filed May 9, 2018, effective Feb. 28, 2019. *Original authority: 643.050, RSMo, 1965, amended 1972, 1992, 1993, 1995, 2011.

##### **10 CSR 10-6.300** Conformity of General Federal Actions to State Implementation Plans {#sec-10-csr-10-6.300 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.300}

(Rescinded March 30, 2022)

Amended: Filed May 9, 2018, effective Feb. 28, 2019. Rescinded:

Filed July 9, 2021, effective March 30, 2022.

**History**
- *AUTHORITY: section 643.050, RSMo 2016. Original rule filed Oct. 4, 1994, effective May 28, 1995. Amended: Filed Jan. 30, 1996, effective Sept. 30, 1996. Amended: Filed Feb. 9, 2007, effective Sept. 30, 2007. Amended: Filed Jan. 5, 2011, effective Aug. 30, 2011.*

##### **10 CSR 10-6.310** Restriction of Emissions From Municipal Solid Waste Landfills {#sec-10-csr-10-6.310 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.310}

PURPOSE: This rule is part of a Clean Air Act Section 111(d) State Plan. The rule allows Missouri to take delegation and enforcement

(1) Applicability.

(A) This rule applies to each municipal solid waste (MSW) landfill that has accepted waste at any time since November 8, 1987, or has additional design capacity available for future waste deposition, and that commenced construction, reconstruction, or modification on or before July 17, 2014. Landfills that commenced construction, reconstruction, or modification after July 17, 2014, are subject to the requirements of the Environmental Protection Agency’s New Source Performance Standard for Municipal Solid Waste Landfills 40 CFR 60,

Subpart XXX.

(B) Physical or operational changes made to an existing MSW landfill solely to comply with this rule are not considered construction, reconstruction, or modification and do not subject an existing MSW landfill to the requirements of 40 CFR 60, Subpart XXX.

(C) MSW landfills covered by 10 CSR 10-5.490 are exempt from (2) Definitions. The provisions of 40 CFR 62.16730, promulgated as of July 1, 2021, including the revision published at 87 FR 8203 (effective February 14, 2022), are hereby incorporated by mail orders, print and fill out an order form online and mail to:

(3) General Provisions. The provisions of 40 CFR 62.16711(e) and (f), 40 CFR 62.16712 through 62.16716, 40 CFR 62.16720 through 62.16722, and 40 CFR 62.16728, promulgated as of July 1, 2021, including the revision published at 87 FR 8203 (effective February 14, 2022), are hereby incorporated by reference in this

rule, as published by the U.S. Government Publishing Office and fill out an order form online and mail to: U.S. Government or additions. Owners and operators of MSW landfills subject to this rule must comply with the following:

(A) Title V operating permit requirements—40 CFR 62.16711(e);

(B) Exemptions for Part 70 operating permit requirements for closed landfills—40 CFR 62.16711(f);

(C) Compliance schedule and increments of progress—40 CFR 62.16712;

(D) Standards for municipal solid waste landfill emissions—40 CFR 62.16714;

(E) Operational standards for collection and control systems—40 CFR 62.16716;

(F) Compliance provisions—40 CFR 62.16720;

(G) Monitoring of operations—40 CFR 62.16722; and (H) Specifications for active collection systems—40 CFR 62.16728.

(4) Reporting and Record Keeping. The provisions of 40 CFR 62.16711(g) and (h), and 40 CFR 62.16724 through 62.16726, promulgated as of July 1, 2021, are hereby incorporated by mail orders, print and fill out an order form online and mail to: amendments or additions. Owners and operators of MSW landfills subject to this rule must comply with the following:

(A) Reporting guidelines—40 CFR 62.16724;

(B) Reporting Exemptions— 1. Exemptions for reporting requirements for closed landfills—40 CFR 62.16711(g); and 2. Exemptions for reporting requirements for legacy controlled landfills—40 CFR 62.16711(h); and (C) Recordkeeping guidelines—40 CFR 62.16726.

(5) Test Methods. The provisions of 40 CFR 62.16718, promulgated as of July 1, 2021, are hereby incorporated by reference in the

rule, as published by the U.S. Government Publishing Office and fill out order form online and mail to: U.S. Government or additions.

Jan. 14, 1997, effective Sept. 30, 1997. Amended: Filed Oct. 7, 1999, effective July 30, 2000. Amended: Filed Sept. 26, 2011, effective May 30, 2012. Amended: Filed Oct. 29, 2021, effective July 30, 2022.

**History**
- *authority of the federal requirements for affected facilities in Missouri. The requirements in this rule are identical to the federal requirements. This rule requires owners or operators of municipal solid waste landfills to report their landfill’s design capacity and non-methane organic compound (NMOC) emissions. Landfills having design capacities and NMOC emission rates above the regulatory cutoff must design, install, and operate a gas collection and control system.*

##### **10 CSR 10-6.320** Sales Tax Exemption {#sec-10-csr-10-6.320 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.320}

(Rescinded September 30, 2009)

**History**
- *AUTHORITY: section 643.050, RSMo 2000. Original rule filed Dec. 13, 1996, effective July 30, 1997. Amended: Filed May 24, 2002, effective March 30, 2003. Rescinded: Filed Dec. 17, 2008, effective Sept. 30, 2009.*

##### **10 CSR 10-6.330** Restriction of Emissions From Batch-Type Charcoal Kilns {#sec-10-csr-10-6.330 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.330}

PURPOSE: This regulation establishes emission limits for batchtype charcoal kilns based on operational parameters that reflect the Best Available Control Technology (BACT) for this industry as of August 20, 1997.

(1) Applicability.

(A) This regulation applies to all batch-type charcoal kilns throughout the entire state of Missouri.

(B) In the event that other rules in the Code of State Regulations are also applicable to batch-type charcoal kilns, the more stringent rule requirement applies.

(2) Definitions.

(A) Batch-type charcoal kiln—Charcoal kilns that manufacture charcoal with a batch process rather than a continuous process.

The batch-type charcoal kiln process typically includes loading wood, sealing the kiln, igniting the wood, and controlled burning of the wood to produce charcoal which is unloaded.

(B) Burn cycle—The burn cycle for a charcoal kiln begins at the time that a batch of wood is initially lit and ends when the burn for that batch is completed and the kiln is sealed. The burn cycle does not include cool down time.

(C) Charcoal kiln—Any closed structure used to produce charcoal by controlled burning (pyrolysis) of wood. Retorts and furnaces used for charcoal production are not charcoal kilns.

(D) Charcoal kiln control system—A combination of an emission control device and connected charcoal kiln(s).

(E) Emission control device—Any device used to reduce contaminant emissions into the air. Thermal oxidizers or afterburners are often used on charcoal kilns for burning exhaust gases to reduce particulate matter, carbon monoxide, and volatile organic compound emissions.

(F) Fill capacity—The maximum amount of wood that can be properly loaded into a charcoal kiln prior to the burn cycle.

(G) Installation—All source operations including activities that result in fugitive emissions, that belong to the same industrial grouping (that have the same two (2)-digit code as described in the Standard Industrial Classification Manual, 1987), and any marine vessels while docked at the installation, and under the control of the same person (or persons under common control).

(H) Opacity—The extent to which airborne material no light is transmitted and the background is completely (I) Particulate matter—Particulate matter emissions from charcoal kilns and charcoal kiln control systems consists of all (J) Residence time—Period of time in which gas in a thermal oxidizer, incinerator, or afterburner is exposed to heat and oxygen at a specified temperature in order to destroy pollutants present in the gas.

(K) Treated wood—Wood that has been subjected to a chemical process or application.

(L) Volatile organic compounds (VOCs)—See definition in 10 (3) General Provisions.

(A) Restriction of Emissions.

1. No charcoal kiln control system shall emit visible emissions greater than ten percent (10%) opacity.

2. No charcoal kiln control system shall emit more than the following emissions:

A. 1.5 pounds per hour of particulate matter;

B. Either 0.24 pounds per hour volatile organic compounds (VOCs) or the emission rate equivalent to ninetynine percent (99%) VOC control efficiency, whichever results in a lower emission rate; and C. 1.75 pounds per hour of carbon monoxide (CO).

3. Charcoal kiln control systems shall be maintained to assure that no visible fugitive emissions result from equipment cracks or door seals.

(B) Operating Requirements.

1. No charcoal kiln shall be operated without an emission control device installed and operated to meet the requirements of this rule and other applicable state and federal rules.

2. Each emission control device shall have a sight glass or other viewing portal installed in the burning chamber such that the burn can be visually monitored.

3. All charcoal kiln emissions shall be ducted to an operating emission control device throughout the entire burn cycle.

4. Emission control devices shall be equipped with automatic temperature control systems which are set such that gas streams are heated and maintained according to one (1) of the following sets of conditions:

A. At a nominal operating temperature of sixteen hundred degrees Fahrenheit (1600 ° F), with a fifteen hundred twenty degree Fahrenheit (1520 ° F) minimum temperature allowed, for a minimum residence time of 1.7 seconds; or B. At an alternative operating temperature and residence time determined by performance testing, during which the following conditions are met:

(I) All emission limit requirements of paragraphs (3)

(A)1. and 2. of this rule are met;

(II) The CO control efficiency is greater than or equal to ninety-nine percent (99%); and (III) The department has validated the performance test results that the alternative operating temperature and residence time are based on. The operating requirements in subparagraph (3)(B)4.A. of this rule apply until these performance test results have been validated.

5. All charcoal kiln control systems shall be operated using the same fuel(s) as used during performance testing.

6. No charcoal kiln shall burn treated wood at any time.

7. Rule 10 CSR 10-6.050 Start-up, Shutdown, and Malfunction Conditions shall only be applicable to charcoal kiln control systems with regard to the malfunction provision, and not with regard to start-up and shutdown.

8. All charcoal kiln control systems shall be operated and maintained in accordance with the department approved standard operating procedures manual described in subsection (3)(D) of this rule and the department approved maintenance practices manual described in subsection (3)(E) of this rule.

9. All charcoal kiln control systems that have been performance tested shall continuously display and record the emission control device operating temperature with the permanently installed temperature recording device at all times of operation.

(C) Each charcoal kiln shall have a unique identification number permanently affixed to the exterior of the charcoal kiln structure.

(D) The owner or operator of charcoal kilns at charcoal manufacturing installations shall develop, submit for department approval, and establish a standard operating procedures manual for each charcoal manufacturing installation. At a minimum, this manual shall describe— 1. Safe charcoal kiln operation;

2. Bundle stacking (including adequate platform of logs to enhance combustion);

3. Use of properly seasoned wood (cover mixing of wood species, if applicable);

4. Control of fugitive emissions from each charcoal kiln (e.g. “mudding” cracks and doors) and each emission control device; and 5. Methods of reporting and recordkeeping under section (4) of this rule.

(E) The owner or operator of charcoal kilns shall develop, submit for department approval, and establish a maintenance practices manual for each charcoal kiln control system. This manual shall be maintained at each site for the specific emission control device(s) installed at the site. At a minimum, this manual shall include:

1. Maintenance of all equipment (e.g. proper cleaning of inlet ports);

2. Measures taken in the event of emission control device failure to minimize emissions (e.g. opening kiln caps and air vents to allow kiln wood to burn down to minimize smoking conditions or shutting all kiln inlets and outlets until all combustion in the chamber is extinguished);

3. Inspections performed and frequency (e.g. daily burner operation); and 4. Methods of reporting and recordkeeping under section (4) of this rule.

(F) Performance Testing and Compliance Determinations.

1. For compliance determination, each charcoal kiln control system shall be evaluated as a unit and performance tested for compliance with the emission limit requirements of paragraphs (3)(A)1. and 2. of this rule.

2. All charcoal kiln control system performance tests shall be conducted with each charcoal kiln of the system filled to at least ninety percent (90%) of fill capacity and at the midpoint of burn cycle unless otherwise noted. The midpoint of each charcoal kiln burn cycle shall be no less than forty percent (40%), and no more than sixty percent (60%) of the total burn cycle.

3. Emission control device fuel type(s) and quantity(ies) used during the performance test shall be recorded.

4. All performance test operating temperatures shall be recorded with a continuous recording device that is permanently installed, and the temperature shall be continuously displayed and recorded throughout the entire performance test.

5. Each performance test shall consist of a minimum of three (3) runs for each pollutant specified in paragraph (3)(A)2. of this rule and conducted using the test methods specified in

section (5) of this rule. The duration of each test run shall be one (1) hour unless the test method requires a longer duration.

Compliance shall not be considered demonstrated until the department has validated performance test results.

6. Compliance determinations for visible fugitive emission requirements of this rule shall use the test method specified in subsection (5)(E) of this rule.

7. The director may allow similar charcoal kiln control system units to operate without the individual performance tests required by paragraph (3)(F)1. if the following conditions are met:

A. Similar units have the same number of charcoal kilns, similar construction, capacities within ten percent (10%) of each other, and similar design;

B. Similar units are controlled by emission control devices with the same construction, the same size, and the same design; and C. Three (3) separate similar units have successfully demonstrated compliance with the emission limit requirements of paragraphs (3)(A)1. and 2. of this rule.

8. Control efficiency (CE) shall be calculated from performance test data using the following calculation:

Outlet Emission Rate CE = ( 1 - × 100 Inlet Emission Rate 9. Any existing charcoal kiln that has been inactive for sixty (60) months or longer shall comply with all federal and state rules, and obtain a construction permit prior to reactivation.

(4) Reporting and Record Keeping.

(A) Owners or operators of all charcoal kilns shall maintain a file on each active charcoal kiln with the following information for a minimum of five (5) years from the date the data was collected:

1. Average annual production (tons of charcoal per charcoal manufacturing installation per year divided by the number of charcoal kilns at the charcoal manufacturing installation);

2. Start-up time (hour and minute) for each burn cycle;

3. Emission control device temperature (in degrees Fahrenheit) throughout each burn cycle shall be measured at a point in the emission control device where gas residence time is no less than the applicable residence time under paragraph (3)(B)4. of this rule;

4. The emission control device temperature shall be continuously displayed and recorded by a continuous recording device;

5. Daily log for each charcoal kiln control system that includes start-up time(s), cool-down time(s), re-light time(s), and inspections performed (e.g. burn chamber);

6. Monthly log for each charcoal kiln control system that includes fuel usage and, where more than one (1) type of fuel is used, fuel types and times of usage;

7. Malfunction log for each charcoal manufacturing installation that includes a description of each malfunction cause, duration, and actions taken to remedy the malfunction;

8. Performance test reports for all emission control devices tested.

(B) Owners or operators of all charcoal kilns shall provide the department with a list of the identification numbers of active charcoal kilns at each location. If the active status of any charcoal kiln changes, including the construction of new charcoal kilns, the owner or operator shall provide an updated list to the department no later than thirty (30) days after the status change.

(C) All information maintained in the charcoal kiln file shall be made immediately available to Missouri Department of Natural Resources representatives upon request.

(5) Test Methods.

(A) Particulate matter emission level testing shall include condensables and use the following methods:

1. Method 1—Sample and Velocity Traverses for Stationary Sources under 40 CFR 60, Appendix A as specified in 10 CSR 10-6.030(22);

2. Method 2—Determination of Stack Gas Velocity and Volumetric Flow Rate (Type S Pitot Tube) under 40 CFR 60,

Appendix A as specified in 10 CSR 10-6.030(22);

3. Method 3—Gas Analysis for the Determination of Dry Molecular Weight under 40 CFR 60, Appendix A as specified in 10 CSR 10-6.030(22);

4. Method 4—Determination of Moisture Content in Stack Gases under 40 CFR 60, Appendix A as specified in 10 CSR 10- 6.030(22);

5. Method 5—Determination of Particulate Matter Emissions from Stationary Sources under 40 CFR 60, Appendix A as specified in 10 CSR 10-6.030(22); and 6. Method 202—Dry Impinger Method for Determining Condensable Particulate Emissions from Stationary Sources under 40 CFR 51, Appendix M as specified in 10 CSR 10-6.030(21).

(B) VOC emission level testing shall use one (1) of the following methods under 40 CFR 60, Appendix A as specified in 10 CSR 10-6.030(22):

1. Method 18—Measurement of Gaseous Organic Compound Emissions by Gas Chromatography; or 2. Method 25A—Determination of Total Gaseous Organic Concentration Using a Flame Ionization Analyzer.

(C) CO emission level testing shall use Method 10— Determination of Carbon Monoxide Emissions from Stationary Sources under 40 CFR 60, Appendix A as specified in 10 CSR 10-6.030(22).

(D) Emissions percent opacity testing shall use Method 9—Visual Determination of the Opacity of Emissions from Stationary Sources under 40 CFR 60, Appendix A as specified in 10 CSR 10-6.030(22).

(E) Visible fugitive emissions testing shall use Method 22— Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares under 40 CFR 60,

Appendix A as specified in 10 CSR 10-6.030(22).

Amended: Filed Aug. 9, 2019, effective May 30, 2020. *Original authority: 643.030, RSMo 1965; 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011; 643.075, RSMo 1972, amended 1988, 1992, 2015; and 643.078, RSMo 1992, amended 2015.

**History**
- *AUTHORITY: sections 643.030, 643.050, 643.075, and 643.078, RSMo 2016. Original rule filed Nov. 25, 1997, effective July 30, 1998. Amended: Filed June 21, 2018, effective March 30, 2019.*

##### **10 CSR 10-6.345** Control of NO Emissions From Upwind {#sec-10-csr-10-6.345 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.345}

(Rescinded October 30, 2013)

**History**
- *AUTHORITY: section 643.050, RSMo 2000. Original rule filed May 4, 2006, effective Dec. 30, 2006. Rescinded: Filed March 13, 2013, effective Oct. 30, 2013.*

##### **10 CSR 10-6.350** Emission Limitations and Emissions Trading of Oxides of Nitrogen {#sec-10-csr-10-6.350 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.350}

Rescinded: Filed Jan. 4, 2018, effective Sept. 30, 2018.

**History**
- *AUTHORITY: section 643.050, RSMo 2000. Original rule filed Feb. 15, 2000, effective Sept. 30, 2000. Amended: Filed Dec. 4, 2002, effective Aug. 30, 2003. Amended: Filed Oct. 2, 2006, effective May 30, 2007. Amended: Filed Oct. 24, 2008, effective July 30, 2009.*

##### **10 CSR 10-6.360** Control of NO Emissions From Electric Generating Units and Non-Electric Generating Boilers {#sec-10-csr-10-6.360 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.360}

**History**
- *AUTHORITY: section 643.050, RSMo 2000. Original rule filed Feb. 14, 2005, effective Oct. 30, 2005. Amended: Filed Oct. 2, 2006, effective May 30, 2007. Amended: Filed Oct. 24, 2008, effective July 30, 2009. Rescinded: Filed Jan. 4, 2018, effective Sept. 30, 2018.*

##### **10 CSR 10-6.362** Clean Air Interstate Rule Annual NO Jan. 30, 2019. {#sec-10-csr-10-6.362 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.362}

##### **10 CSR 10-6.364** Clean Air Interstate Rule Seasonal NO Jan. 30, 2019. {#sec-10-csr-10-6.364 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.364}

##### **10 CSR 10-6.366** Clean Air Interstate Rule SO Trading Program Jan. 30, 2019. {#sec-10-csr-10-6.366 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.366}

##### **10 CSR 10-6.368** Control of Mercury Emissions From Electric Generating Units {#sec-10-csr-10-6.368 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.368}

(Rescinded May 30, 2013) 2, 2006, effective May 30, 2007. Rescinded: Filed Aug. 20, 2012, effective May 30, 2013.

##### **10 CSR 10-6.372** Cross-State Air Pollution Rule NO for the Cross-State Air Pollution Rule (CSAPR) Nitrogen Oxide (NO Annual Trading Program rather than the U.S. Environmental Protection Agency. {#sec-10-csr-10-6.372 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.372}

This rule also provides the process to allocate allowances to affected units in Missouri for compliance with the Annual Trading Program. The evidence supporting the need for this rule, per section 536.016, RSMo, is the September 13, 2011, December 16, 2014, March 24, 2015, and February 8, 2018 affected industry meeting summaries.

(1) Applicability.

(A) Unless otherwise noted in subsection (1)(B) of this rule, the provisions of 40 CFR 97.402 through 40 CFR 97.435 promulgated (B) Exceptions to subsection (1)(A) of this rule are as follows:

1. The following provisions are not adopted by reference in subsection (1)(A) of this rule, and instead are replaced by

section (3) of this rule:

A. 40 CFR 97.411(a);

B. 40 CFR 97.411(b)(1); and C. 40 CFR 97.412(a).

2. The following provisions are not adopted by reference in subsection (1)(A) of this rule, nor are they replaced by any provisions in this rule:

A. Any of the requirements imposed on any unit in Indian country within the borders of any state in the provisions of 40 CFR 97.402 through 40 CFR 97.435;

B. 40 CFR 97.411(b)(2);

C. 40 CFR 97.411(c)(5)(iii);

D. 40 CFR 97.412(b);

E. 40 CFR 97.421(h); and F. 40 CFR 97.421(j).

(2) Definitions.

(A) Definitions for key words and phrases used in this

rule may be found in 40 CFR 97.402 and 40 CFR 97.403, as (B) Notification—Any action by the director to convey information to affected sources and interested parties. This includes, but is not limited to, public web postings with email alerts.

(C) Definitions of certain terms specified in this rule, other (3) General Provisions. The general provisions for the Cross- State Air Pollution Rule (CSAPR) Nitrogen Oxide (NO ) Annual Trading Program may be found in 40 CFR 97.404 through 40 CFR 97.428, which, unless listed in subsection (1)(B) of this rule, are incorporated by reference in subsection (1)(A) of this rule.

Subsections (3)(A) and (3)(B) of this rule replace the provisions of 40 CFR 97.411(a), 40 CFR 97.411(b)(1) and 40 CFR 97.412(a) as (A) Existing Units.

1. Annual Submittal. The director must submit to the U.S.

Environmental Protection Agency (EPA), in a format prescribed by the administrator, the CSAPR NO Annual allowances listed in Table I taking into account any modifications necessary in accordance with paragraph (3)(A)2. of this rule. This submittal must meet the following schedule:

A. By June 1, 2016, the director will submit to EPA in 2017 and 2018;

B. By June 1, 2017, the director will submit to EPA in 2019 and 2020;

C. By June 1, 2018, the director will submit to EPA in 2021 and 2022; and D. By June 1, 2019, and June 1 of each year thereafter, the director will submit to EPA allowances for CSAPR NO units for the control periods in the fourth year after the year in which the submission is made.

2. Non-Operating Units. If a unit in Table I of this rule does not operate during two (2) consecutive control periods after 2014, the submittal made under paragraph (3)(A)1. of this

rule will show zero (0) CSAPR NO Annual allowances for such unit for the control period in the fifth year after these two (2) such years and in each year after that fifth year. All CSAPR NO Annual allowances that would otherwise have been allocated to such unit will be allocated to the new unit set-aside for the state for the respective years involved. If this subsection is applicable, any resulting changes to the submittal under paragraph (3)(A)1. of this rule will be determined in accordance with the following:

A. Every year, the director will review the operation of each unit listed in Table I and issue a notification that lists any unit in Table I that has not operated during two (2) consecutive control periods after 2014. Any notification made under this subparagraph will specify the first year in which allowances listed in Table I will be terminated for the applicable unit(s) under paragraph (3)(A)2. of this rule;

B. For each notification in subparagraph (3)(A)2.A. of this

rule, the director will provide an opportunity for submission of objections to the units referenced in such notice that must be submitted by the deadline specified in such notification in order to be considered; and C. If there are objections, the director will review them and issue a notification responding to objections received along with any adjustments made to the list.

Name Unit allowances (tons) for 2017 and thereafter Asbury 2076 1 884 Audrain Power Plant 55234 CT1 2 Audrain Power Plant 55234 CT2 2 Audrain Power Plant 55234 CT3 2 Audrain Power Plant 55234 CT4 2 Audrain Power Plant 55234 CT5 1 Audrain Power Plant 55234 CT6 1 Audrain Power Plant 55234 CT7 1 Audrain Power Plant 55234 CT8 1 Blue Valley 2132 3 126 Chamois Power Plant 2169 2 248 Chillicothe 2122 GT1A 2 Chillicothe 2122 GT1B 0 Chillicothe 2122 GT2A 0 Chillicothe 2122 GT2B 0 Columbia 2123 6 22 Columbia 2123 7 60 Columbia 2123 8 0 Columbia Energy Center (MO) 55447 CT01 1 Columbia Energy Center (MO) 55447 CT02 2 Columbia Energy Center (MO) 55447 CT03 1 Columbia Energy Center (MO) 55447 CT04 1 Dogwood Energy Facility 55178 CT-1 33 Dogwood Energy Facility 55178 CT-2 30 Empire District Elec Co Energy Ctr 6223 1 1 Empire District Elec Co Energy Ctr 6223 2 2 Empire District Elec Co Energy Ctr 6223 3A 11 Empire District Elec Co Energy Ctr 6223 3B 11 Empire District Elec Co Energy Ctr 6223 4A 12 Empire District Elec Co Energy Ctr 6223 4B 12 Essex Power Plant 7749 1 8 Fairgrounds 2082 CT01 0 Greenwood Energy Center 6074 1 6 Greenwood Energy Center 6074 2 4 Greenwood Energy Center 6074 3 6 Greenwood Energy Center 6074 4 8 Hawthorn 2079 5A 2,445 Hawthorn 2079 6 1 Hawthorn 2079 7 7 Hawthorn 2079 8 8 Hawthorn 2079 9 21 Higginsville Municipal Power Plant 2131 4A 2 Higginsville Municipal Power Plant 2131 4B 0 Holden Power Plant 7848 1 5 Holden Power Plant 7848 2 6 Holden Power Plant 7848 3 5 Howard Bend 2102 CT1A 0 Howard Bend 2102 CT1B 0 Iatan 6065 1 3,094 James River 2161 GT1 7 James River 2161 GT2 13 James River 2161 3 207 James River 2161 4 235 James River 2161 5 435 John Twitty Energy Center 6195 1 801 John Twitty Energy Center 6195 CT1A 1 John Twitty Energy Center 6195 CT1B 1 John Twitty Energy Center 6195 CT2A 1 John Twitty Energy Center 6195 CT2B 1 Labadie 2103 1 2,321 Labadie 2103 2 2,495 Labadie 2103 3 2,677 Labadie 2103 4 2,613 Lake Road 2098 6 414 Lake Road 2098 GT5 2 McCartney Generating Station 7903 MGS1A 10 McCartney Generating Station 7903 MGS1B 10 McCartney Generating Station 7903 MGS2A 10 McCartney Generating Station 7903 MGS2B 10 Meramec 2104 1 646 Meramec 2104 2 609 Meramec 2104 3 1,075 Meramec 2104 4 1,499 Meramec 2104 CT01 0 Meramec 2104 CT2A 0 Meramec 2104 CT2B 0 Mexico 6650 CT01 0 Moberly 6651 CT01 0 Montrose 2080 1 725 Montrose 2080 2 710 Montrose 2080 3 746 Moreau 6652 CT01 0 New Madrid Power Plant 2167 1 2,276 New Madrid Power Plant 2167 2 2,172 Nodaway Power Plant 7754 1 4 Nodaway Power Plant 7754 2 5 Northeast Generating Station 2081 11 0 Northeast Generating Station 2081 18 1 Peno Creek Energy Center 7964 CT1A 11 Peno Creek Energy Center 7964 CT1B 10 Peno Creek Energy Center 7964 CT2A 10 Peno Creek Energy Center 7964 CT2B 9 Peno Creek Energy Center 7964 CT3A 11 Peno Creek Energy Center 7964 CT3B 11 Peno Creek Energy Center 7964 CT4A 10 Peno Creek Energy Center 7964 CT4B 10 Ralph Green Station 2092 3 1 Rush Island 6155 1 2,086 St. Francis Power Plant 7604 1 31 St. Francis Power Plant 7604 2 29 Note: Being included or excluded on the list of sources in Table I does not constitute a determination that such source is or is (B) New Units.

1. Annual Submittal. For the CSAPR NO Annual control period in 2017 and each control period thereafter, the director must submit to EPA, in a format prescribed by the administrator, the CSAPR NO Annual allowances as determined under this subsection by July 1 of the applicable control period.

2. New Unit Set-Asides.

A. Allowance Calculation. Every year, the director will calculate the CSAPR NO Annual allowance allocation to each CSAPR NO Annual unit in a state, in accordance with subparagraphs (3)(B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule, for the control period in the year of the applicable submittal deadline under paragraph (3)(B)1. of this rule. Once the calculations are complete, the director will contact all facilities that will receive allocations under subparagraphs (3)

(B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule for the control period in the year of the applicable submittal deadline under paragraph (3)(B)1. of this rule to confirm that the calculations were performed in accordance with this rule, and make adjustments to the calculations, if necessary.

B. Excess Allowances. If the new unit set-aside for the control period has any CSAPR NO Annual allowances remaining after the calculations performed under subparagraphs (3)

(B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule have been completed, then allowances will be calculated in accordance C. Industry Requests for Excess Allowances. If a facility owner, operator, or designated representative wishes to receive allowances in accordance with subparagraph (3)(B)3.I. of this rule, for any control period, then by April 5 of the applicable control period, the facility owner, operator, or designated representative must submit information to the director confirming that a CSAPR NO Annual unit commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending March 31 of the year of such control period. The submittal must also include the calculation of eligible allowances for use in subparagraph (3)(B)3.I. of this rule, for each CSAPR NO unit that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending March 31 of the year of such control period.

(I) The calculation of eligible allowances must be in accordance with part (3)(B)3.I.(III) of this rule in order for such units to be eligible to receive any allowances in accordance (II) Each year, the director will review any submissions made in accordance with this paragraph to confirm that units identified in the submissions are CSAPR NO Annual units that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending March 31 of the year of such control period. The director will also confirm that the submission includes the correct calculations for eligible allowances in accordance with part (3)

(B)3.I.(III) of this rule. If, during the review, the director identifies any discrepancies with the identified units or the calculations in a submission made in accordance with this paragraph, the director may request additional information from the facility owner, operator, or designated representative that made the submission. If additional information is requested, the facility owner, operator, or designated representative must provide the requested information by the deadline specified in the information request; otherwise, units identified in such submission will not be eligible for allowances in accordance with subparagraph (3)(B)3.I. of this rule for the applicable control period.

D. Public Notification. The director will determine the Annual allowance allocation to each CSAPR NO Annual unit in accordance with subparagraphs (3)(B)3.I., (3)

(B)3.J., and (3)(B)3.L. of this rule and 40 CFR 97.406(b)(2) and 40 CFR 97.430 through 40 CFR 97.435 as incorporated by reference in subsection (1)(A) of this rule. By June 1 of each year, the director will issue a notification making available the results of all allowance determinations from the new unit set-aside for the control period in which the notification is made.

(I) For each notification in part (3)(B)2.D. of this rule, the director will provide an opportunity for submission of objections to the calculations referenced in such notice.

(II) If there are objections, the director will review them and provide notification stating the outcome.

E. Allowance Changes. If any CSAPR NO allowances are added to the new unit set-aside after submittals per subparagraph (3)(B)2.C. of this rule, the director will issue additional notifications, as deemed appropriate, of the allocation of such CSAPR NO Annual allowances in accordance with subparagraph (3)(B)3.J. of this rule.

3. New Unit Annual Allowance Allocation Methodology.

For each control period in 2017 and thereafter and for the Annual units in Missouri, the director will allocate Annual allowances to the CSAPR NO Annual units A. Units Eligible to Receive Allowances. The CSAPR NO Annual allowances will be allocated to the following CSAPR Annual units, except as provided in subparagraph (3)(B)3.J.

(I) CSAPR NO

Annual units that are not listed in Table I in paragraph (3)(A)2. of this rule;

(II) CSAPR NO

Annual units whose allocation of an amount of CSAPR NO Annual allowances for such control period listed in Table I in paragraph (3)(A)2. of this rule is covered by 40 CFR 97.411(c)(2) or (3) as incorporated by reference in subsection (1)(A) of this rule;

(III) CSAPR NO

Annual units that are listed in Table I in paragraph (3)(A)2. of this rule and the allocation to such unit(s) is terminated for the applicable control period pursuant to paragraph (3)(A)2. of this rule, and that operate during the control period immediately preceding such control period; or (IV) For purposes of subparagraph (3)(B)3.I. of this

rule, CSAPR NO Annual units under 40 CFR 97.411(c)(1)(ii) as incorporated by reference in subsection (1)(A) of this rule whose allocation of an amount of CSAPR NO for such control period under paragraph (3)(B)2. of this rule is covered by 40 CFR 97.411(c)(2) or (3) as incorporated by reference in subsection (1)(A) of this rule;

B. Total Allowances Available. The director will establish a separate new unit set-aside for the state for each such control period. Each such new unit set-aside will be allocated CSAPR Annual allowances in an amount equal to the difference between the Missouri CSAPR NO Annual trading budget for 2017 and thereafter, as set forth in 40 CFR 97.410(a), as incorporated by reference in subsection (1)(A) of this rule and the total number of allowances allocated in accordance with paragraph (3)(A)1. of this rule for such control period. The new unit set-aside will be allocated additional CSAPR NO allowances (if any) in accordance with paragraph (3)(A)2. of this rule and 40 CFR 97.411(c)(5) as incorporated by reference in subsection (1)(A) of this rule;

C. Eligible Control Periods. The director will determine, for each CSAPR NO Annual unit described in subparagraph (3)(B)3.A. of this rule, an allocation of CSAPR NO allowances for the later of the following control periods and for each subsequent control period:

(I) The control period in 2017;

(II) The first control period after the control period in which the CSAPR NO Annual unit commences commercial operation;

(III) For a unit described in part (3)(B)3.A.(II) of this rule, the first control period in which the CSAPR NO operates in the state after operating in another jurisdiction and for which the unit is not already allocated one (1) or more Annual allowances; and (IV) For a unit described in part (3)(B)3.A.(III) of this

rule, the first control period after the control period in which the unit resumes operation, or the first control period in which the allocation for such unit listed in Table I in paragraph (3)

(A)2. of this rule is terminated pursuant to paragraph (3)(A)2. of this rule, whichever is later;

D. Allocations. The allocation to each CSAPR NO unit described in parts (3)(B)3.A.(I) through (3)(B)3.A.(III) of this

rule and for each control period described in subparagraph (3)(B)3.C. of this rule will be an amount equal to the unit’s total tons of NO emissions during the immediately preceding control period. The director will adjust the allocation amount in this subparagraph in accordance with subparagraphs (3)

(B)3.E. through (3)(B)3.G. and (3)(B)3.L. of this rule;

E. Sum of Allowances. The director will calculate the sum of the CSAPR NO Annual allowances determined for all such CSAPR NO Annual units under subparagraph (3)(B)3.D. of this rule in the state for such control period;

F. Extra Allowance Allocation. If the amount of CSAPR Annual allowances in the new unit set-aside for the state under subparagraph (3)(B)3.E. of this rule, then the director will allocate the amount of CSAPR NO determined for each such CSAPR NO Annual unit under subparagraph (3)(B)3.D. of this rule;

G. Insufficient Allowance Allocation. If the amount of Annual allowances in the new unit set-aside for the state for such control period is less than the sum under subparagraph (3)(B)3.E. of this rule, then the director will allocate to each such CSAPR NO Annual unit the amount of the CSAPR NO Annual allowances determined under subparagraph (3)(B)3.D. of this rule for the unit, multiplied by the amount of CSAPR NO Annual allowances in the new unit set-aside for such control period, divided by the sum under subparagraph (3)(B)3.E. of this rule, and rounded to the nearest allowance;

H. Confirmation of Allowances. The director will contact facilities as described in subparagraph (3)(B)2.A. of this rule to confirm the amount of CSAPR NO allocated under subparagraphs (3)(B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule for such control period to each CSAPR NO Annual unit eligible for such allocation;

I. Allowance Calculation for Units That Recently Began Operation. If, after completion of the procedures under subparagraphs (3)(B)3.E. through (3)(B)3.H. of this rule for such control period, any unallocated CSAPR NO remain in the new unit set-aside for the state for such control period, the director will allocate such CSAPR NO allowances as follows:

(I) For any submission made in accordance with subparagraph (3)(B)2.C. of this rule, the submitting facility owner, operator, or designated representative may include the calculation of eligible allowances for such control period as specified in part (3)(B)3.I.(III) of this rule. If such submission is not made or fails to include the calculation of eligible allowances under this part by the April 5 deadline, or if the facility owner, operator, or designated representative fails to provide additional information requested in accordance with

part (3)(B)2.C.(II) of this rule by the applicable deadline, then no allowances will be awarded to such unit in accordance with this subparagraph for such control period;

(II) The director will review submissions made in accordance with subparagraph (3)(B)2.C. of this rule, as specified in part (3)(B)2.C.(II) of this rule and may adjust the units identified in such submission if they are not eligible for allowances under this subparagraph, and the director may also adjust the calculation of eligible allowances included in such submission to ensure they are in accordance with part (3)

(B)3.I.(III) of this rule;

(III) The calculation of eligible CSAPR NO allowances for a specific control period for CSAPR NO units that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending March 31 of the year of such control period must be as follows;

EA = eligible CSAPR NO Annual Allowances ER = the unit’s permitted emission rate from the unit’s construction permit approved under 10 CSR 10-6.060 (lb/mmBTU)

HR = the heat rate efficiency for the generator that the unit serves (BTU/KW-hr)

NP Cap = nameplate capacity of the generator that the unit serves (MWe)

CP Tot = number of days in the control period CF = the unit’s default capacity factor from Table II below (IV) The director will determine, for each unit described in subparagraph (3)(B)3.A. of this rule that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending March 31 of the year of such control period, the positive difference (if any) between the unit’s emissions during the previous control period and the amount of eligible CSAPR NO Annual allowances as calculated under part (3)(B)3.I.(III) of this (V) The director will determine the sum of the positive St. Francis Power Plant 7604 1 31 St. Francis Power Plant 7604 2 29 Note: Being included or excluded on the list of sources in Table I does not constitute a determination that such source is or is St. Francis Power Plant 7604 1 31 St. Francis Power Plant 7604 2 29 Note: Being included or excluded on the list of sources in Table I does not constitute a determination that such source is or is differences determined under part (3)(B)3.I.(IV) of this rule;

(VI) If the amount of unallocated CSAPR NO determined under part (3)(B)3.I.(V) of this rule, then the director will allocate the amount of CSAPR NO determined for each such CSAPR NO Annual unit under part (3)(B)3.I.(IV) of this rule; and (VII) If the amount of unallocated CSAPR NO for such control period is less than the sum under part (3)

(B)3.I.(V) of this rule, then the director will allocate to each such Annual unit the amount of the CSAPR NO allowances determined under part (3)(B)3.I.(IV) of this rule for the unit, multiplied by the amount of unallocated CSAPR NO Annual allowances remaining in the new unit set-aside for such control period, divided by the sum under part (3)(B)3.I.(V) of this rule, and rounded to the nearest allowance;

J. Distribution of Remaining Allocations. If, after completion of the procedures under subparagraphs (3)(B)3.I. and (3)(B)3.L. of this rule for such control period, any unallocated Annual allowances remain in the new unit set-aside for the state for such control period, the director will allocate to each CSAPR NO Annual unit that is in the state, is allocated an amount of CSAPR NO Annual allowances listed in Table I in paragraph (3)(A)2. of this rule, and continues to be allocated Annual allowances for such control period in accordance with paragraph (3)(A)2. of this rule, an amount of Annual allowances equal to the following: the total amount of such remaining unallocated CSAPR NO allowances in such new unit set-aside, multiplied by the unit’s allocation listed in Table I in paragraph (3)(A)2. of this rule for such control period, divided by the remainder of the amount of tons in the applicable state NO Annual trading budget minus the amount of tons in such new unit set-aside for the state for such control period, and rounded to the nearest allowance;

K. Public Notification. The director will issue notifications as described in subparagraphs (3)(B)2.D. and (3)(B)2.E. of this

rule, of the amount of CSAPR NO Annual allowances allocated under subparagraphs (3)(B)3.B. through (3)(B)3.G., (3)(B)3.I., (3)

(B)3.J., and (3)(B)3.L. of this rule for such control period to each Annual unit eligible for such allocation; and L. Allocation Tabulations That Exceed or Are Less Than the New Unit Set-Aside.

(I) Notwithstanding the requirements of subparagraphs (3)(B)3.B. through (3)(B)3.K. of this rule, if the calculations of allocations of a new unit set-aside for a control period in a given year under subparagraph (3)(B)3.G. of this rule, subparagraph (3)(B)3.F. and part (3)(B)3.I.(VII) of this rule, or subparagraph (3)(B)3.F., part (3)(B)3.I.(VI), and subparagraph (3)

(B)3.J. of this rule would otherwise result in total allocations of such new unit set-aside exceeding the total amount of such new unit set-aside, then the director will adjust the results of the calculations under subparagraph (3)(B)3.G., part (3)

(B)3.I.(VII), or subparagraph (3)(B)3.J. of this rule, as applicable, as follows. The director will list the CSAPR NO Annual units in descending order based on the amount of such units’ allocations under subparagraph (3)(B)3.G., part (3)(B)3.I.(VII), or subparagraph (3)(B)3.J. of this rule, as applicable, and, in cases of equal allocation amounts, in alphabetical order of the relevant source’s name and numerical order of the relevant unit’s identification number, and will reduce each unit’s allocation under subparagraph (3)(B)3.G., part (3)(B)3.I.(VII), or subparagraph (3)

(B)3.J. of this rule, as applicable, by one (1) CSAPR NO Annual allowance (but not below zero (0)) in the order in which the units are listed and will repeat this reduction process as necessary, (II) Notwithstanding the requirements of subparagraphs (3)(B)3.J. and (3)(B)3.K. of this rule, if the calculations of allocations of a new unit set-aside for a control period in a given year under subparagraph (3)(B)3.F., part (3)(B)3.I.(VI), and subparagraph (3)(B)3.J. of this rule would otherwise result in a total allocations of such new unit set-aside less than the total amount of such new unit set-aside, then the director will adjust the results of the calculations under subparagraph (3)(B)3.J. of this rule, as follows. The director will list the CSAPR NO units in descending order based on the amount of such units’ allocations under subparagraph (3)(B)3.J. of this rule and, in cases of equal allocation amounts, in alphabetical order of the relevant source’s name and numerical order of the relevant unit’s identification number, and will increase each unit’s allocation under subparagraph (3)(B)3.J. of this rule by one (1)

Annual allowance in the order in which the units are listed and will repeat this increase process as necessary, (4) Reporting and Record Keeping.

(A) The monitoring, reporting, and record keeping provisions of the CSAPR NO Annual Trading Program may be found in 40 CFR 97.430 through 40 CFR 97.435 as incorporated by reference in subsection (1)(A) of this rule.

(B) The director will maintain CSAPR NO allowance records submitted to EPA for each CSAPR NO Annual control period for a minimum of five (5) years.

(5) Test Methods. (Not Applicable).

**History**
- *AUTHORITY: section 643.050, RSMo 2016. Original rule filed May effective March 30, 2019.*

##### **10 CSR 10-6.374** Cross-State Air Pollution Rule NO Season Group 2 Trading Program for the Cross-State Air Pollution Rule (CSAPR) Nitrogen Oxide (NO ) Ozone Season Group 2 Trading Program rather than the U.S. {#sec-10-csr-10-6.374 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.374}

Environmental Protection Agency. This rule makes no changes to the federal process to allocate allowances to affected units in Missouri for compliance with the CSAPR NO Ozone Season Group 2 Trading Program. The evidence supporting the need for this

rule, per section 536.016, RSMo, is the February 8, 2018 affected industry meeting summary.

(1) Applicability.

(A) Unless otherwise noted in subsection (1)(B) of this rule, the provisions of 40 CFR 97.802 through 40 CFR 97.835 promulgated (B) Exceptions to subsection (1)(A) of this rule are as follows:

1. Any of the requirements imposed on any unit in Indian country within the borders of any state in the provisions of 40 CFR 97.802 through 40 CFR 97.835;

2. 40 CFR 97.811(b)(2);

3. 40 CFR 97.811(c)(5)(iii);

4. 40 CFR 97.812(b);

5. 40 CFR 97.821(h); and 6. 40 CFR 97.821(j).

(2) Definitions.

(A) Definitions for key words and phrases used in this

rule may be found in 40 CFR 97.802 and 40 CFR 97.803 as (B) Definitions of certain terms specified in this rule, other (3) General Provisions. The general provisions for the Cross- State Air Pollution Rule (CSAPR) Nitrogen Oxide (NO ) Ozone Season Group 2 Trading Program may be found in 40 CFR 97.804 through 40 CFR 97.828 as incorporated by reference in subsection (1)(A) of this rule.

(4) Reporting and Record Keeping. The monitoring, reporting, and record keeping provisions of the CSAPR NO Season Group 2 Trading Program may be found in 40 CFR 97.830 through 40 CFR 97.835 as incorporated by reference in subsection (1)(A) of this rule.

(5) Test Methods. (Not Applicable).

**History**
- *AUTHORITY: section 643.050, RSMo 2016. Original rule filed May effective March 30, 2019.*

##### **10 CSR 10-6.376** Cross-State Air Pollution Rule Annual SO Group 1 Trading Program for the Cross-State Air Pollution Rule (CSAPR) Sulfur Dioxide (SO Group 1 Trading Program rather than the U.S. Environmental Protection Agency to Missouri. {#sec-10-csr-10-6.376 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.376}

This rule also provides the process to allocate allowances to affected units in Missouri for compliance with the CSAPR SO Group 1 Trading Program. The evidence supporting the need for this rule, per section 536.016, RSMo, is a November 7, 2011 email between Empire District Electric Co.

(Empire) and Kansas City Power and Light (KCP&L) and the November 26, 2014, March 24, 2015, and February 8, 2018 affected industry meeting summaries.

(1) Applicability.

(A) Unless otherwise noted in subsection (1)(B) of this rule, the provisions of 40 CFR 97.602 through 40 CFR 97.635 promulgated (B) Exceptions. The following provisions are not adopted by reference in subsection (1)(A) of this rule, nor are they replaced by any provisions in this rule:

1. 40 CFR 97.611(a);

2. 40 CFR 97.611(b)(1);

3. 40 CFR 97.612(a);

4. 40 CFR 97.611(b)(2);

5. 40 CFR 97.611(c)(5)(iii);

6. 40 CFR 97.612(b);

7. 40 CFR 97.621(h); and 8. 40 CFR 97.621(j).

(2) Definitions.

(A) Definitions for key words and phrases used in this

rule may be found in 40 CFR 97.602 and 40 CFR 97.603 as (B) Notification—Any action by the director to convey information to affected sources and interested parties. This includes, but is not limited to, public web postings with email alerts.

(C) Definitions of certain terms specified in this rule, other (3) General Provisions. The general provisions for the Cross- State Air Pollution Rule (CSAPR) sulfur dioxide (SO ) Group 1 Trading Program may be found in 40 CFR 97.604 through 40 CFR 97.628, which, unless listed in subsection (1)(B) of this rule, are incorporated by reference in subsection (1)(A) of this rule.

Subsections (3)(A) and (3)(B) of this rule replace the provisions of 40 CFR 97.611(a), 40 CFR 97.611(b)(1), and 40 CFR 97.612(a) as (A) Existing Units.

1. Annual Submittal. The director must submit to the U.S.

Environmental Protection Agency (EPA), in a format prescribed by the administrator, the CSAPR SO Group 1 allowances listed in Table I taking into account any modifications necessary in accordance with paragraph (3)(A)2. of this rule. This submittal must meet the following schedule:

A. By June 1, 2016, the director will submit to EPA in 2017 and 2018;

B. By June 1, 2017, the director will submit to EPA in 2019 and 2020;

C. By June 1, 2018, the director will submit to EPA in 2021 and 2022; and D. By June 1, 2019, and June 1 of each year thereafter, the director will submit to EPA allowances for CSAPR SO units for the control periods in the fourth year after the year in which the submission is made.

2. Non-operating Units. If a unit in Table I of this rule does not operate during two (2) consecutive control periods after 2014, the submittal made under paragraph (3)(A)1. of this rule will show zero (0) CSAPR SO Group 1 SO allowances for such unit for the control period in the fifth year after these two (2) such years and in each year after that fifth year. All CSAPR SO Group 1 allowances that would otherwise have been allocated to such unit will be allocated to the new unit set-aside for the state for the respective years involved. If this subsection is applicable, any resulting changes to the submittal under paragraph (3)(A)1. of this rule will be determined in accordance with the following:

A. Every year, the director will review the operation of each unit listed in Table I and issue a notification that lists any unit in Table I that has not operated during two (2) consecutive control periods after 2014. Any notification made under this subparagraph will specify the first year in which allowances listed in Table I will be terminated for the applicable unit(s) under paragraph (3)(A)2. of this rule;

B. For each notification in subparagraph (3)(A)2.A. of this

rule, the director will provide an opportunity for submission of objections to the units referenced in such notice that must be submitted by the deadline specified in such notification in order to be considered; and C. If there are objections, the director will review them and issue a notification responding to objections received along with any adjustments made to the list.

Name Unit allowances (tons) for 2017 and thereafter Asbury 2076 1 3,180 Audrain Power Plant 55234 CT1 0 Audrain Power Plant 55234 CT2 0 Audrain Power Plant 55234 CT3 0 Audrain Power Plant 55234 CT4 0 Audrain Power Plant 55234 CT5 0 Audrain Power Plant 55234 CT6 0 Audrain Power Plant 55234 CT7 0 Audrain Power Plant 55234 CT8 0 Blue Valley 2132 3 452 Chamois Power Plant 2169 2 893 Chillicothe 2122 GT1A 0 Chillicothe 2122 GT1B 0 Chillicothe 2122 GT2A 1 Chillicothe 2122 GT2B 0 Columbia 2123 6 78 Columbia 2123 7 215 Columbia 2123 8 0 Columbia Energy Center (MO) 55447 CT01 0 Columbia Energy Center (MO) 55447 CT02 0 Columbia Energy Center (MO) 55447 CT03 0 Columbia Energy Center (MO) 55447 CT04 0 Dogwood Energy Facility 55178 CT-1 1 Dogwood Energy Facility 55178 CT-2 1 Empire District Elec Co Energy Ctr 6223 1 0 Empire District Elec Co Energy Ctr 6223 2 0 Empire District Elec Co Energy Ctr 6223 3A 1 Empire District Elec Co Energy Ctr 6223 3B 1 Empire District Elec Co Energy Ctr 6223 4A 1 Empire District Elec Co Energy Ctr 6223 4B 1 Essex Power Plant 7749 1 0 Fairgrounds 2082 CT01 1 Greenwood Energy Center 6074 1 1 Greenwood Energy Center 6074 2 0 Greenwood Energy Center 6074 3 0 Greenwood Energy Center 6074 4 1 Hawthorn 2079 5A 2,643 Hawthorn 2079 6 0 Hawthorn 2079 7 0 Hawthorn 2079 8 0 Hawthorn 2079 9 1 Higginsville Municipal Power Plant 2131 4A 0 Higginsville Municipal Power Plant 2131 4B 0 Holden Power Plant 7848 1 0 Holden Power Plant 7848 2 1 Holden Power Plant 7848 3 0 Howard Bend 2102 CT1A 1 Howard Bend 2102 CT1B 1 Iatan 6065 1 11,133 James River 2161 GT1 0 James River 2161 GT2 0 James River 2161 3 747 James River 2161 4 847 James River 2161 5 1,566 John Twitty Energy Center 6195 1 2,883 6195 CT1A 0 6195 CT1B 0 6195 CT2A 0 6195 CT2B 0 Labadie 2103 1 9,056 Labadie 2103 2 9,265 Labadie 2103 3 9,633 Labadie 2103 4 9,929 Lake Road 2098 6 1,490 Lake Road 2098 GT5 2 McCartney Generating Station 7903 MGS1A 0 McCartney Generating Station 7903 MGS1B 0 McCartney Generating Station 7903 MGS2A 0 McCartney Generating Station 7903 MGS2B 0 Meramec 2104 1 2,326 Meramec 2104 2 2,192 Meramec 2104 3 3,869 Meramec 2104 4 5,394 Meramec 2104 CT01 1 Meramec 2104 CT2A 0 Meramec 2104 CT2B 0 Mexico 6650 CT01 1 Moberly 6651 CT01 2 Montrose 2080 1 2,608 Montrose 2080 2 2,555 Montrose 2080 3 2,684 Moreau 6652 CT01 1 New Madrid Power Plant 2167 1 8,190 New Madrid Power Plant 2167 2 7,628 Nodaway Power Plant 7754 1 0 Nodaway Power Plant 7754 2 0 Northeast Generating Station 2081 11 0 Northeast Generating Station 2081 18 0 Peno Creek Energy Center 7964 CT1A 0 Peno Creek Energy Center 7964 CT1B 0 Peno Creek Energy Center 7964 CT2A 0 Peno Creek Energy Center 7964 CT2B 0 Peno Creek Energy Center 7964 CT3A 0 Peno Creek Energy Center 7964 CT3B 0 Peno Creek Energy Center 7964 CT4A 0 Peno Creek Energy Center 7964 CT4B 0 Ralph Green Station 2092 3 0 Rush Island 6155 1 9,492 Rush Island 6155 2 8,700 Sibley 2094 1 799 Sibley 2094 2 788 Sibley 2094 3 5,037 Sikeston 6768 1 4,564 Sioux 2107 1 6,743 Sioux 2107 2 6,083 South Harper Peaking Facility 56151 1 0 South Harper Peaking Facility 56151 2 0 South Harper Peaking Facility 56151 3 0 St. Francis Power Plant 7604 1 1 St. Francis Power Plant 7604 2 1 State Line (MO) 7296 1 0 State Line (MO) 7296 2-1 2 State Line (MO) 7296 2-2 3 Thomas Hill Energy Center 2168 MB1 2,982 Thomas Hill Energy Center 2168 MB2 4,665 Thomas Hill Energy Center 2168 MB3 9,621 Total 160,959 Note: Being included or excluded on the list of sources in Table I does not constitute a determination that such source is or is not a CSAPR SO 2 Group 1 unit. The determination of applicability for CSAPR SO2 Group 1 units is in 40 CFR 97.604 as incorporated by reference in subsection (1)(A) of this rule.

(B) New Units.

1. Annual Submittal. For the CSAPR SO Group 1 control period in 2017 and each control period thereafter, the director must submit to EPA, in a format prescribed by the administrator, the CSAPR SO Group 1 allowances as determined under this subsection by July 1 of the applicable control period.

2. New unit set-asides.

A. Allowance Calculation. Every year, the director will calculate the CSAPR SO Group 1 allowance allocation to each CSAPR SO Group 1 unit in a state, in accordance with subparagraphs (3)(B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule, for the control period in the year of the applicable submittal deadline under paragraph (3)(B)1. of this rule. Once the calculations are complete, the director will contact all facilities that will receive allocations under subparagraphs (3)

(B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule for the control period in the year of the applicable submittal deadline under paragraph (3)(B)1. of this rule to confirm that the calculations were performed in accordance with this rule, and make adjustments to the calculations if necessary.

B. Excess Allowances. If the new unit set-aside for the control period has any CSAPR SO Group 1 allowances remaining after the calculations performed under subparagraphs (3)

(B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule have been completed, then allowances will be calculated in accordance C. Industry Requests for Excess Allowances. If a facility owner, operator, or designated representative wishes to receive allowances in accordance with subparagraph (3)(B)3.I. of this rule, for any control period, then by April 5 of the applicable control period, the facility owner, operator, or designated representative must submit information to the director confirming that a CSAPR SO Group 1 unit commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending March 31 of the year of such control period. The submittal must also include the calculation of eligible allowances for use in subparagraph (3)(B)3.I. of this rule, for each CSAPR SO unit that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending March 31 of the year of such control period.

(I) The calculation of eligible allowances must be in accordance with part (3)(B)3.I.(III) of this rule in order for such units to be eligible to receive any allowances in accordance (II) Each year, the director will review any submissions made in accordance with this paragraph to confirm that units identified in the submissions are CSAPR SO Group 1 units that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending March 31 of the year of such control period. The director will also confirm that the submission includes the correct calculations for eligible allowances in accordance with part (3)

(B)3.I.(III) of this rule. If, during the review, the director identifies any discrepancies with the identified units or the calculations in a submission made in accordance with this paragraph, the director may request additional information from the facility owner, operator, or designated representative that made the submission. If additional information is requested, the facility owner, operator, or designated representative must provide the requested information by the deadline specified in the information request; otherwise, units identified in such submission will not be eligible for allowances in accordance with subparagraph (3)(B)3.I. of this rule for the applicable control period.

D. Public Notification. The director will determine the Group 1 allowance allocation to each CSAPR SO Group 1 unit in accordance with subparagraphs (3)(B)3.I., (3)

(B)3.J., and (3)(B)3.L. of this rule and 40 CFR 97.606(b)(2) and 40 CFR 97.630 through 40 CFR 97.635 as incorporated by reference in subsection (1)(A) of this rule. By June 1 of each year, the director will issue a notification making available the results of all allowance determinations from the new unit set-aside for the control period in which the notification is made.

(I) For each notification in subparagraph (3)(B)2.D. of this rule, the director will provide an opportunity for submission of objections to the calculations referenced in such notice.

(II) If there are objections, the director will review them and provide notification stating the outcome.

E. Allowance Changes. If any CSAPR SO allowances are added to the new unit set-aside after submittals per subparagraph (3)(B)2.C. of this rule, the director will issue additional notifications, as deemed appropriate, of the allocation of such CSAPR SO Group 1 allowances in accordance with subparagraph (3)(B)3.J. of this rule.

3. New Unit Annual Allowance Allocation Methodology.

For each control period in 2017 and thereafter and for the Group 1 units in Missouri, the director will allocate Group 1 allowances to the CSAPR SO Group 1 units A. Units Eligible to Receive Allowances. The CSAPR SO Group 1 allowances will be allocated to the following CSAPR Group 1 units, except as provided in subparagraph (3)(B)3.J.

(I) CSAPR SO

Group 1 units that are not listed in Table I in paragraph (3)(A)2. of this rule;

(II) CSAPR SO

Group 1 units whose allocation of an amount of CSAPR SO Group 1 allowances for such control period listed in Table I in paragraph (3)(A)2. of this rule is covered by 40 CFR 97.611(c)(2) or (3) as incorporated by reference in subsection (1)(A) of this rule;

(III) CSAPR SO

Group 1 units that are listed in Table I in paragraph (3)(A)2. of this rule and the allocation to such unit(s) is terminated for the applicable control period pursuant to paragraph (3)(A)2. of this rule, and that operate during the control period immediately preceding such control period; or (IV) For purposes of subparagraph (3)(B)3.I. of this rule, Group 1 units under 40 CFR 97.611(c)(1)(ii) whose allocation of an amount of CSAPR SO for such control period under paragraph (3)(B)2. of this rule is covered by 40 CFR 97.611(c)(2) or (3) as incorporated by reference in subsection (1)(A) of this rule;

B. Total Allowances Available. The director will establish a separate new unit set-aside for the state for each such control period. Each such new unit set-aside will be allocated CSAPR Group 1 allowances in an amount equal to the difference between the Missouri CSAPR SO Group 1 trading budget for 2017 and thereafter, as set forth in 40 CFR 97.610(a) as incorporated by reference in subsection (1)(A) of this rule, and the total number of allowances allocated in accordance with paragraph (3)(A)1. of this rule for such control period. The new unit set-aside will be allocated additional CSAPR SO allowances (if any) in accordance with paragraph (3)(A)2. of this rule and 40 CFR 97.611(c)(5) as incorporated by reference in subsection (1)(A) of this rule;

C. Eligible Control Periods. The director will determine, for each CSAPR SO Group 1 unit described in subparagraph (3)(B)3.A. of this rule, an allocation of CSAPR SO allowances for the later of the following control periods and for each subsequent control period:

(I) The control period in 2017;

(II) The first control period after the control period in which the CSAPR SO Group 1 unit commences commercial operation;

(III) For a unit described in part (3)(B)3.A.(II) of this rule, the first control period in which the CSAPR SO operates in the state after operating in another jurisdiction and for which the unit is not already allocated one (1) or more Group 1 allowances; and (IV) For a unit described in part (3)(B)3.A.(III) of this

rule, the first control period after the control period in which the unit resumes operation, or the first control period in which the allocation for such unit listed in Table I in paragraph (3)

(A)2. of this rule is terminated pursuant to paragraph (3)(A)2. of this rule, whichever is later;

D. Allocations. The allocation to each CSAPR SO unit described in parts (3)(B)3.A.(I) through (3)(B)3.A.(III) of this

rule and for each control period described in subparagraph (3)(B)3.C. of this rule will be an amount equal to the unit’s total tons of SO emissions during the immediately preceding control period. The director will adjust the allocation amount in this subparagraph in accordance with subparagraphs (3)

(B)3.E. through (3)(B)3.G. and (3)(B)3.L. of this rule;

E. Sum of Allowances. The director will calculate the sum of the CSAPR SO Group 1 allowances determined for all such CSAPR SO Group 1 units under subparagraph (3)(B)3.D. of this rule in the state for such control period;

F. Extra Allowance Allocation. If the amount of CSAPR Group 1 allowances in the new unit set-aside for the state under subparagraph (3)(B)3.E. of this rule, then the director will allocate the amount of CSAPR SO determined for each such CSAPR SO Group 1 unit under subparagraph (3)(B)3.D. of this rule;

G. Insufficient Allowance Allocation. If the amount of Group 1 allowances in the new unit set-aside for the state for such control period is less than the sum under subparagraph (3)(B)3.E. of this rule, then the director will allocate to each such CSAPR SO Group 1 unit the amount of the Group 1 allowances determined under subparagraph (3)(B)3.D. of this rule for the unit, multiplied by the amount of Group 1 allowances in the new unit set-aside for such control period, divided by the sum under subparagraph (3)(B)3.E. of this rule, and rounded to the nearest allowance;

H. Confirmation of Allowances. The director will contact facilities as described in subparagraph (3)(B)2.A. of this rule to confirm the amount of CSAPR SO Group 1 allowances allocated under subparagraphs (3)(B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule for such control period to each CSAPR SO unit eligible for such allocation;

I. Allowance Calculation for Units That Recently Began Operation. If, after completion of the procedures under subparagraphs (3)(B)3.E. through (3)(B)3.H. of this rule for such control period, any unallocated CSAPR SO remain in the new unit set-aside for the state for such control period, the director will allocate such CSAPR SO allowances as follows:

(I) For any submission made in accordance with subparagraph (3)(B)2.C. of this rule, the submitting facility owner, operator, or designated representative may include the calculation of eligible allowances for such control period as specified in part (3)(B)3.I.(III) of this rule. If such submission is not made or fails to include the calculation of eligible allowances under this part by the April 5 deadline, or if the facility owner, operator, or designated representative fails to provide additional information requested in accordance with

part (3)(B)2.C.(II) of this rule by the applicable deadline; then no allowances will be awarded to such unit in accordance with this subparagraph for such control period;

(II) The director will review submissions made in accordance with subparagraph (3)(B)2.C. of this rule, as specified in part (3)(B)2.C.(II) of this rule and may adjust the units identified in such submission if they are not eligible for allowances under this subparagraph, and the director may also adjust the calculation of eligible allowances included in such submission to ensure they are in accordance with part (3)

(B)3.I.(III) of this rule;

(III) The calculation of eligible CSAPR SO allowances for a specific control period for CSAPR SO 1 units that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending March 31 of the year of such control period must be as follows;

EA = eligible CSAPR SO Group 1 Allowances ER = the unit’s permitted emission rate from the unit’s construction permit approved under 10 CSR 10-6.060 (lb/mmBTU)

HR = the heat rate efficiency for the generator that the unit serves (BTU/kW-hr)

NP Cap = nameplate capacity of the generator that the unit serves (MWe)

CP Tot = number of days in the control period CF = the unit’s default capacity factor from Table II below (IV) The director will determine, for each unit described in subparagraph (3)(B)3.A. of this rule that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending March 31 of the year of such control period, the positive difference (if any) between the unit’s emissions during the previous control period and the amount of eligible CSAPR SO Group 1 allowances as calculated under part (3)(B)3.I.(III) of this (V) The director will determine the sum of the positive differences determined under part (3)(B)3.I.(IV) of this rule;

Northeast Generating Station 2081 18 0 Peno Creek Energy Center 7964 CT1A 0 Peno Creek Energy Center 7964 CT1B 0 Peno Creek Energy Center 7964 CT2A 0 Peno Creek Energy Center 7964 CT2B 0 Peno Creek Energy Center 7964 CT3A 0 Peno Creek Energy Center 7964 CT3B 0 Peno Creek Energy Center 7964 CT4A 0 Peno Creek Energy Center 7964 CT4B 0 Ralph Green Station 2092 3 0 Rush Island 6155 1 9,492 Rush Island 6155 2 8,700 Sibley 2094 1 799 Sibley 2094 2 788 Sibley 2094 3 5,037 Sikeston 6768 1 4,564 Sioux 2107 1 6,743 Sioux 2107 2 6,083 South Harper Peaking Facility 56151 1 0 South Harper Peaking Facility 56151 2 0 South Harper Peaking Facility 56151 3 0 St. Francis Power Plant 7604 1 1 St. Francis Power Plant 7604 2 1 State Line (MO) 7296 1 0 State Line (MO) 7296 2-1 2 State Line (MO) 7296 2-2 3 Thomas Hill Energy Center 2168 MB1 2,982 Thomas Hill Energy Center 2168 MB2 4,665 Thomas Hill Energy Center 2168 MB3 9,621 Total 160,959 Note: Being included or excluded on the list of sources in Table I does not constitute a determination that such source is or is not a CSAPR SO 2 Group 1 unit. The determination of applicability for CSAPR SO2 Group 1 units is in 40 CFR 97.604 as incorporated by reference in subsection (1)(A) of this rule.

(VI) If the amount of unallocated CSAPR SO determined under part (3)(B)3.I.(V) of this rule, then the director will allocate the amount of CSAPR SO determined for each such CSAPR SO Group 1 unit under part (3)(B)3.I.(IV) of this rule; and (VII) If the amount of unallocated CSAPR SO for such control period is less than the sum under part (3)

(B)3.I.(V) of this rule, then the director will allocate to each such Group 1 unit the amount of the CSAPR SO allowances determined under part (3)(B)3.I.(IV) of this rule for the unit, multiplied by the amount of unallocated CSAPR SO Group 1 allowances remaining in the new unit set-aside for such control period, divided by the sum under part (3)(B)3.I.(V) of this rule, and rounded to the nearest allowance;

J. Distribution of Remaining Allocations. If, after completion of the procedures under subparagraphs (3)

(B)3.I. and (3)(B)3.L. of this rule for such control period, any unallocated CSAPR SO Group 1 allowances remain in the new unit set-aside for the state for such control period, the director will allocate to each CSAPR SO Group 1 unit that is in the state, is allocated an amount of CSAPR SO Group 1 allowances listed in Table I in paragraph (3)(A)2. of this rule, and continues to be allocated CSAPR SO Group 1 allowances for such control period in accordance with paragraph (3)(A)2. of this rule, an amount of CSAPR SO Group 1 allowances equal to the following: the total amount of such remaining unallocated CSAPR SO allowances in such new unit set-aside, multiplied by the unit’s allocation listed in Table I in paragraph (3)(A)2. of this rule for such control period, divided by the remainder of the amount of tons in the applicable state SO Annual trading budget minus the amount of tons in such new unit set-aside for the state for such control period, and rounded to the nearest allowance;

K. Public Notification. The director will issue notifications as described in subparagraphs (3)(B)2.D. and (3)(B)2.E. of this

rule, of the amount of CSAPR SO Group 1 allowances allocated under subparagraphs (3)(B)3.B. through (3)(B)3.G., (3)(B)3.I., (3)

(B)3.J., and (3)(B)3.L. of this rule for such control period to each Group 1 unit eligible for such allocation; and L. Allocation Tabulations That Exceed or Are Less Than the New Unit Set-Aside.

(I) Notwithstanding the requirements of subparagraphs (3)(B)3.B. through (3)(B)3.K. of this rule, if the calculations of allocations of a new unit set-aside for a control period in a given year under subparagraph (3)(B)3.G. of this rule, subparagraph (3)(B)3.F. and part (3)(B)3.I.(VII) of this rule, or subparagraph (3)(B)3.F., part (3)(B)3.I.(VI), and subparagraph (3)

(B)3.J. of this rule would otherwise result in total allocations of such new unit set-aside exceeding the total amount of such new unit set-aside, then the director will adjust the results of the calculations under subparagraph (3)(B)3.G., part (3)

(B)3.I.(VII), or subparagraph (3)(B)3.J. of this rule, as applicable, as follows. The director will list the CSAPR SO Group 1 units in descending order based on the amount of such units’ allocations under subparagraph (3)(B)3.G., part (3)(B)3.I.(VII), or subparagraph (3)(B)3.J. of this rule, as applicable, and, in cases of equal allocation amounts, in alphabetical order of the relevant source’s name and numerical order of the relevant unit’s identification number, and will reduce each unit’s allocation under subparagraph (3)(B)3.G., part (3)(B)3.I.(VII), or subparagraph (3)

(B)3.J. of this rule, as applicable, by one (1) CSAPR SO Group 1 allowance (but not below zero (0)) in the order in which the units are listed and will repeat this reduction process as necessary, (II) Notwithstanding the requirements of subparagraphs (3)(B)3.J. and (3)(B)3.K. of this rule, if the calculations of allocations of a new unit set-aside for a control period in a given year under subparagraph (3)(B)3.F., part (3)(B)3.I.(VI), and subparagraph (3)(B)3.J. of this rule would otherwise result in a total allocations of such new unit set-aside less than the total amount of such new unit set-aside, then the director will adjust the results of the calculations under subparagraph (3)(B)3.J. of this rule, as follows. The director will list the CSAPR SO 1 units in descending order based on the amount of such units’ allocations under subparagraph (3)(B)3.J. of this rule and, in cases of equal allocation amounts, in alphabetical order of the relevant source’s name and numerical order of the relevant unit’s identification number, and will increase each unit’s allocation under subparagraph (3)(B)3.J. of this rule by one (1)

Group 1 allowance in the order in which the units are listed and will repeat this increase process as necessary, (4) Reporting and Record Keeping.

(A) The monitoring, reporting, and record keeping provisions of the CSAPR SO Group 1 Trading Program may be found in 40 CFR 97.630 through 40 CFR 97.635 as incorporated by reference in subsection (1)(A) of this rule.

(B) The director will maintain CSAPR SO allowance records submitted to EPA for each CSAPR SO 1 control period for a minimum of five (5) years.

(5) Test Methods. (Not Applicable).

**History**
- *AUTHORITY section 643.050, RSMo 2016. Original rule filed May effective March 30, 2019. Amended: Filed March 12, 2021, effective Nov. 30, 2021.*

##### **10 CSR 10-6.380** Control of NO Emissions From Portland Cement Kilns {#sec-10-csr-10-6.380 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.380}

PURPOSE: This rule reduces emissions of oxides of nitrogen (NO to ensure compliance with the federal NO control plan to reduce the transport of air pollutants. The rule establishes NO control equipment and NO emission levels for cement kilns. The evidence supporting the need for this proposed rulemaking per section 536.016, RSMo, is the U.S. Environmental Protection Agency NO State Implementation Plan (SIP) Call dated April 21, 2004.

(1) Applicability. This rule applies to any cement kiln located in the counties of Bollinger, Butler, Cape Girardeau, Carter, Clark, Crawford, Dent, Dunklin, Franklin, Gasconade, Iron, Jefferson, Lewis, Lincoln, Madison, Marion, Mississippi, Montgomery, New Madrid, Oregon, Pemiscot, Perry, Pike, Ralls, Reynolds, Ripley, St. Charles, St. Francois, St. Louis, Ste. Genevieve, Scott, Shannon, Stoddard, Warren, Washington and Wayne counties and the City of St. Louis that— (A) Is a long dry kiln with an actual process rate of at least twelve tons of clinker produced per hour (12 TPH);

(B) Is a long wet kiln with an actual process rate of at least ten (10) TPH;

(C) Is a preheater kiln with an actual process rate of at least sixteen (16) TPH; or (D) Is a precalciner or preheater/precalciner kiln with an actual process rate of at least twenty-two (22) TPH.

(2) Definitions.

(A) Clinker—The product of a Portland cement kiln from which finished cement is manufactured by milling and grinding.

(B) Director—Director of the Missouri Department of Natural Resources, or a representative designated to carry out duties as described in 643.060, RSMo.

(C) Long-dry kiln—A kiln fourteen feet (14’) or larger in diameter, four hundred feet (400’) or greater in length, which employs no preheating of the feed and the inlet feed to the kiln is dry.

(D) Long-wet kiln—A kiln fourteen feet (14’) or larger in diameter, four hundred feet (400’) or greater in length, which employs no preheating of the feed and the inlet feed to the kiln is a slurry.

(E) Low-NO burners—A type of cement kiln burner (a device that functions as an injector of fuel and combustion air into kiln to produce a flame that burns as close as possible to the center line of the kiln) that has a series of channels or orifices that 1) allow for the adjustment of the volume, velocity, pressure, and/or direction of the air carrying the fuel, known as primary air, into the kiln, and 2) impart high momentum and turbulence to the fuel stream to facilitate mixing of the fuel and secondary air.

(F) Mid-kiln firing—Secondary firing in kiln systems by injecting fuel at an intermediate point in the kiln system using a specially designed fuel injection mechanism for the purpose of decreasing NO emissions through— 1. The burning of part of the fuel at a lower temperature;

2. The creation of reducing conditions at the point of initial combustion.

(G) Portland cement—A hydraulic cement produced by pulverizing clinker consisting essentially of hydraulic calcium silicates, usually containing one (1) or more of the forms of calcium sulfate as an interground addition.

(H) Portland cement kiln—A system, including any solid, (I) Preheater/precalciner kiln—A kiln where the feed to the kiln system is preheated in cyclone chambers and that utilizes a second burner to provide heat for calcination of material prior to the material entering the rotary kiln which forms clinker.

(J) Preheater kiln—A kiln where the feed to the kiln system is preheated in cyclone chambers prior to the final fusion, which forms clinker.

(K) Recoverable fuel—Fuels that have been permitted for use for energy recovery under 10 CSR 10-6.065.

(L) Renewable fuel—Renewable energy resources that include, but are not limited to, solar (photovoltaic), wind, and biomass. Biomass includes, but is not limited to: agricultural crops and crop waste, untreated wood and wood wastes, livestock waste, wastepaper, and organic municipal solid waste.

(3) General Provisions.

(A) An owner or operator of any Portland cement kiln subject to this rule shall not operate the kiln during the period starting May 1 and ending September 30 of each year, unless the kiln is equipped and operates with one (1) of the following:

1. Low-NO burners;

2. Mid-kiln firing;

3. An alternative control technology that is approved by the director, and incorporated in the federally approved SIP, and is proven to achieve emission reductions of thirty percent (30%) or greater;

4. An emission rate of— A. For long-wet kilns—6.8 pounds of NO September 30 of each year;

B. For long-dry kilns—6.0 pounds of NO September 30 of each year;

C. For preheater kilns—4.1 pounds of NO September 30 of each year; or D. For preheater/precalciner kilns—2.7 pounds of NO per ton of clinker produced, averaged over the period from May 1 through September 30 of each year; or 5. The findings of a case-by-case study committed to and conducted by the owner or operator and approved by the director, and incorporated into the federally approved SIP, taking into account energy, environmental, and economic impacts and other costs to determine an emission limitation that is achievable for the installation through application of production processes or available methods, systems and fuel combustion techniques for control of NO .

(B) To meet the requirements of paragraph (3)(A)3. or (3)

(A)5. of this rule, the owner or operator may take into account as a portion of the NO reductions, physical and quantifiable measures to increase energy efficiency, reduce energy demand, or increase use of renewable or recoverable fuels.

(C) Excess Emissions During Start-Up, Shutdown, or Malfunction. If the owner or operator provides notice of excess emissions pursuant to state rule 10 CSR 10-6.050(3)

(B), the director will determine whether the excess emissions are attributable to start-up, shutdown, or malfunction conditions, pursuant to rule 10 CSR 10-6.050(3)(C). If the director determines that the excess emissions are attributable to such conditions, and if such excess emissions cause a kiln to exceed the applicable emission limits in this rule, the director will determine whether enforcement action is warranted, as provided in rule 10 CSR 10-6.050(3)(C). If the director determines that the excess emissions are attributable to a start-up, shutdown, or malfunction condition and does not warrant enforcement action, those emissions would not be included in the calculation of ozone season NO (4) Reporting and Record Keeping.

(A) Reporting Requirements. The owner or operator of a kiln subject to this rule shall comply with the following requirements:

1. Owners or operators shall submit to the director the identification number and type of each unit subject to this

rule, the name and address of the plant where the unit is located, and the name and telephone number of the person responsible for demonstrating compliance with this rule by May 1 of the same year as the first compliance period;

2. The owner or operator shall submit to the director by October 31 of each year an annual report documenting for that unit— A. The emissions, in pounds of NO per ton of clinker produced from each affected Portland cement kiln during the period from May 1 through September 30;

B. The results of any performance testing; and C. Cement kiln clinker production, in tons, from May 1 through September 30; and 3. If the owner or operator elects to comply with paragraph (3)(A)3. or (3)(A)5. of this rule, the owner or operator will supply the director with a report as specified in the compliance plan by April of the same year as the first compliance period.

(B) Record Keeping Requirements.

1. Any owner or operator of a unit subject to this rule shall produce and maintain records, which shall include, but are not limited to, the results of any initial performance test, the results of any subsequent performance tests, the date, time, and duration of any start-up, shutdown, or malfunction in the operation of any of the cement kilns, or the emissions monitoring equipment, as applicable.

2. If an owner or operator elects to use subsection (3)(B) of this rule as part of the compliance plan, the owner or operator must retain records as agreed to in the approved compliance plan.

3. Daily cement kiln clinker production in tons per day.

4. Any applicable monitoring data.

5. All records shall be retained on-site for a minimum of five (5) years and made available upon request.

(C) Monitoring Requirements.

1. An owner or operator complying with paragraph (3)(A)1. or (3)(A)2. of this rule shall maintain and operate the device according to the manufacturer’s specifications as approved by the permitting agency. The monitoring shall— A. Include parameters indicated in the manufacturer’s specifications and recommendations for the low-NO burner or mid-kiln firing system as approved by the permitting agency;

B. Identify the specific operation conditions to be monitored and correlation between the operating conditions and NO emission rate.

2. An owner or operator complying with paragraph (3)

(A)3., (3)(A)4., or (3)(A)5. of this rule shall complete an initial performance test by May 1 of the same year as the first compliance period and subsequent performance tests, on an annual basis, consistent with the requirements of section (5)

3. An owner or operator may comply with the requirements in paragraph (4)(C)1. through the use of an alternative compliance method approved by the director and incorporated in the federally approved SIP.

4. Any deviation from the operating conditions or specifications, which result in an increase in NO emissions, established in this paragraph constitute a violation of this rule, unless the owner or operator demonstrates to the satisfaction of the director that the deviation did not result in an increase in NO (5) Test Methods. NO emission level testing shall use one (1) of the following methods in 40 CFR 60, Appendix A-4, as specified in 10 CSR 10-6.030(22):

(A) Method 7—Determination of Nitrogen Oxide Emissions from Stationary Sources;

(B) Method 7A—Determination of Nitrogen Oxide Emissions from Stationary Sources—Ion Chromatographic Method;

(C) Method 7C—Determination of Nitrogen Oxide Emissions from Stationary Sources—Alkaline-Permanganate/Colorimetric Method;

(D) Method 7D—Determination of Nitrogen Oxide Emissions from Stationary Sources—Alkaline-Permanganate/Ion Chromatographic Method; or (E) Method 7E—Determination of Nitrogen Oxide Emissions from Stationary Sources (Instrumental Analyzer Procedure). 14, 2005, effective Oct. 30, 2005. Amended: Filed May 9, 2018, effective Feb. 28, 2019.

##### **10 CSR 10-6.390** Control of NO Emissions From Large Stationary Internal Combustion Engines {#sec-10-csr-10-6.390 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.390}

PURPOSE: This rule reduces emissions of oxides of nitrogen (NO to ensure compliance with the federal NO control plan to reduce the transport of air pollutants. This rule establishes emission levels for large stationary internal combustion engines. The evidence supporting the need for this rule, per section 536.016, RSMo, is the U.S. Environmental Protection Agency NO State Implementation Plan (SIP) Call dated April 21, 2004.

(1) Applicability.

(A) This rule applies to any large stationary internal combustion engine greater than one thousand three hundred (1,300) horsepower located in the counties of Bollinger, Butler, Cape Girardeau, Carter, Clark, Crawford, Dent, Dunklin, Franklin, Gasconade, Iron, Jefferson, Lewis, Lincoln, Madison, Marion, Mississippi, Montgomery, New Madrid, Oregon, Pemiscot, Perry, Pike, Ralls, Reynolds, Ripley, St. Charles, St. Francois, St. Louis, Ste. Genevieve, Scott, Shannon, Stoddard, Warren, Washington, and Wayne and the City of St. Louis that— 1. Emitted greater than one (1) ton per day of oxides of nitrogen (NO ) on average during the period from May 1 through September 30 of 1995, 1996, or 1997; or 2. Began operation after September 30, 1997.

(B) Exemptions.

1. Any stationary internal combustion (IC) engine that meets the definition of emergency standby engine in section (2) of this rule, with allowance for up to one hundred (100) hours per calendar year for operation during routine maintenance checks (including readiness testing), is exempt from this rule.

2. Any stationary IC engine that began operation after September 30, 1997, and emits twenty-five (25) tons or less of NO during the period from May 1 through September 30 is exempt from section (3) and subsection (5)(A) of this

rule. The owner or operator of an exempt large stationary IC engine must demonstrate compliance with the twenty-five (25) ton exemption threshold using one (1) of the methods in subsection (5)(B) of this rule. This exemption will be based on the previous year NO emissions during the period from May 1 through September 30. If the exemption limit is exceeded, for any reason, the engine will be required to meet the applicable requirements in subsections (3)(A), (3)(B), (3)(C), and (3)(D) of this rule each year thereafter.

(2) Definitions.

(A) Compression ignition—A type of stationary internal combustion engine that is not a spark ignition engine.

(B) Diesel engine—A compression-ignited two (2)- or four (4)-stroke engine in which liquid fuel is injected into the combustion chamber and ignited when the air charge has been compressed to a temperature sufficiently high for autoignition.

(C) Dual fuel engine—Compression-ignited stationary internal combustion engine that is capable of burning liquid fuel and gaseous fuel simultaneously.

(D) Emergency standby engine—An internal combustion engine used only when normal electrical power or natural gas service is interrupted or for the emergency pumping of water for either fire protection or flood relief. An emergency standby engine may not be operated to supplement a primary power source when the load capacity or rating of the primary power source has been either reached or exceeded.

(E) Lean-burn engine—Any two (2)- or four (4)-stroke sparkignited engine with greater than four percent (4%) oxygen in the engine exhaust.

(F) Rich-burn engine—A two (2)- or four (4)-stroke sparkignited engine where the oxygen content in the exhaust stream before any dilution is one percent (1%) or less measured on a dry basis.

(G) Spark ignition (SI)—relating to either a gasoline-fueled engine or any other type of engine with a spark plug or other sparking device and with operating characteristics significantly similar to the theoretical Otto combustion cycle.

Spark ignition engines usually use a throttle to regulate intake air flow to control power during normal operation. Dual-fuel engines in which a liquid fuel is used for compression ignition and gaseous fuel (typically natural gas) is used as a primary fuel at an annual average ratio of less than two (2) parts diesel fuel to one-hundred (100) parts total fuel on an energy equivalent basis are spark ignition engines.

(H) Stationary internal combustion engine—Internal combustion engine of the reciprocating type that is either attached to a foundation at a facility or is designed to be capable of being carried or moved from one (1) location to another and remains at a single site at a building, structure, facility, or installation for more than twelve (12) consecutive months. Any engine(s) that replace(s) an engine at a site that is intended to perform the same or similar function as the engine replaced is included in calculating the consecutive time period. Nonroad engines and engines used solely for competition are not stationary IC engines.

(I) Utilization rate—The amount of an engine’s capacity reported in horsepower-hours that is utilized.

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

(3) General Provisions.

(A) Emission Requirements.

1. For engines emitting more than one (1) ton per day of NO on average during the period from May 1 through September 30 in 1995, 1996, or 1997— A. An owner or operator of a large stationary internal combustion engine must use the following calculation to determine the allowable NO emission rate for each applicable engine and not exceed this emission rate limit for any ozone season thereafter using:

ER =(NO

/UR) × 1.102 × 10 -6 × 0.1 where, ER = the allowable emission rate for each engine in grams per horsepower-hour; = the highest actual NO emissions, reported in tons per control period, for the period from May 1 through September 30 for one of the years 1995, 1996, or 1997 based on the best available emission information for each engine; and UR = the utilization rate in horsepower-hours during the same period as NO B. In lieu of subparagraph (3)(A)1.A. of this rule, an owner or operator of a large stationary internal combustion engine may choose to establish a facility-wide NO emissions cap. If the owner or operator commits to comply with this subparagraph rather than subparagraph (3)(A)1.A. of this rule, the owner or operator must submit the following to the director:

(I) The facility-wide NO emissions from the year of data that would be used in subparagraph (3)(A)1.A. of this rule on a per engine basis;

(II) The number of tons of NO emission reductions that would be required in subparagraph (3)(A)1.A. of this rule on a per engine basis;

(III) A detailed inventory of all engines being used to comply with the NO emission cap including the:

(a) Uncontrolled emission rate of all engines at the facility;

(b) Controlled emission rate for all engines being controlled under the NO emissions cap;

(c) Capacity of each engine at the facility; and (d) Utilization rate of each engine at the facility; and (IV) The controlled NO emissions from the facility during the control period, May 1 through September 30.

2. For engines that began operation after September 1997. An owner or operator of a large stationary internal combustion engine must not operate an engine to exceed the permitted NO emission rate or the following NO emission rate, whichever is more stringent:

A. For SI rich-burn engines, 3.0 grams per horsepowerhour;

B. For SI lean-burn engines, 3.0 grams per horsepowerhour;

C. For diesel engines, 2.3 grams per horsepower-hour; or D. For dual fuel engines, 1.5 grams per horsepower-hour;

(B) Reduced Energy Consumption Option. To meet the requirements of subparagraph (3)(A)1.A. or paragraph (3)(A)2. of this rule, the owner or operator of a large stationary internal combustion engine may take into account, as a portion of the required NO reductions, physical and quantifiable measures to increase energy efficiency, reduce energy demand, or increase use of renewable fuels for a particular engine.

(C) Monitoring Requirements. The owner or operator of a large stationary internal combustion engine must monitor for compliance in accordance with subsection (5)(A) of this rule.

(D) Excess Emissions During Start-Up, Shutdown, or Malfunction. If the owner or operator provides notice of excess emissions pursuant to state rule 10 CSR 10-6.050(3)(B), the director will determine whether the excess emissions are attributable to start-up, shutdown, or malfunction conditions, pursuant to rule 10 CSR 10-6.050(3)(C).

(4) Reporting and Record Keeping. The owner or operator of a large stationary internal combustion engine subject to this

rule or to the exemption in paragraph (1)(B)2. of this rule must comply with the following requirements in this section of the

rule:

(A) Reporting Requirements.

1. Submit to the director the identification number and type of each engine subject to this rule or to the exemption in paragraph (1)(B)2. of this rule, the name and address of the plant where the engine is located, and the name and telephone number of the person responsible for demonstrating compliance with this rule;

2. Submit a report documenting for each engine the total emissions of the first full compliance period from May 1 through September 30 to the director by November 1 of that year; and 3. If an engine is equipped with a continuous emission monitoring system (CEMS), submit an excess emissions monitoring systems performance report, in accordance with the requirements of 40 CFR 60.7(c) and 60.13 as specified in 10 CSR 10-6.070(3)(A)1.; and (B) Record-Keeping Requirements.

1. Maintain all records necessary to demonstrate compliance with this rule for a period of five (5) years at the plant at which the subject engine is located which include the A. Records for engines applying subsection (3)(B) of this B. Records verifying an engine(s) is subject to paragraph (3)(A)1. of this rule;

C. For engines subject to subparagraph (3)(A)1.B. of this

rule, records required by parts (3)(A)1.B.(I) through (3)(A)1.B.(IV) of this rule;

D. Records for engines subject to paragraphs (5)(A)1. and (5)(A)2. of this rule; and E. Records for engines subject to paragraphs (5)(B)1. through (5)(B)4. of this rule.

2. Make the records available to the director upon request.

3. Maintain records of the following information for each day of the control period the engine is operated:

A. The identification number of each applicable engine and the name and address of the plant where the engine is located;

B. The calendar date of record;

C. The number of hours the engine is operated during each day including start-ups, shutdowns, malfunctions, and the type and duration of maintenance and repair;

D. Where applicable, the date and results of any inspection that affect emissions;

E. Where applicable, a summary of any corrective maintenance taken that affect emissions;

F. Where applicable, the results of all compliance tests;

G. If an engine is equipped with a CEMS— (I) The identification of time periods during which standards are exceeded, the reason for the exceedance, and action taken to correct the exceedance and to prevent similar future exceedances; and (II) The identification of the time periods for which operating conditions and pollutant data were not obtained including reasons for not obtaining sufficient data and a description of the corrective actions taken.

(5) Test Methods.

(A) The owner or operator of a large stationary internal combustion engine meeting the applicability requirements of subsection (1)(A) of this rule and not exempt under subsection (1)(B) of this rule, must not operate such equipment unless one (1) of the following is met:

1. When a CEMS is installed which meets the requirements of 40 CFR 60, Appendix B and F as specified in 10 CSR 10- 6.030(22)—The CEMS must be used to demonstrate compliance with the applicable emission limit and operated and maintained in accordance with the on-site CEMS requirements; or 2. For an alternate monitoring method consisting of a calculational and record keeping procedure based upon actual NO emissions testing and correlations with operating parameters, the installation, implementation, and use of such an alternate monitoring method must be approved by the director and the U.S. Environmental Protection Agency (EPA); and incorporated into this rule and the state implementation plan (SIP) prior to implementation. The alternate monitoring method must be operated and maintained in accordance with the approved alternate monitoring plan.

(B) One (1) of the following emissions measurement approaches must be used to provide a demonstration of compliance with the twenty-five (25)-ton exemption threshold for stationary IC engines under paragraph (1)(B)2. of this rule:

1. Certificates of conformity for affected engines confirming compliance with 40 CFR 90, 40 CFR 1048, or 40 CFR 1054 promulgated as of July 1, 2018, and hereby incorporated by Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street NW, Washington, DC 20401 (This rule does not incorporate any subsequent amendments or additions); and operating the engine according to the manufacturer’s specifications;

2. Stack tests as specified in 10 CSR 10-6.030(22);

3. Engine manufacturer technical specification sheets for affected engines; or 4. Other methods, as approved by the director and the EPA; and incorporated into this rule and the SIP prior to implementation. These may include fuel usage calculations, approved engineering calculations, other methods described in permits, or other EPA documentation. 14, 2005, effective Oct. 30, 2005. Amended: Filed Aug. 27, 2009, effective May 30, 2010. Amended: Filed March 13, 2013, effective Oct. 30, 2013. Amended: Filed June 27, 2018, effective March 30, 2019. Amended: Filed Aug. 9, 2019, effective May 30, 2020.

##### **10 CSR 10-6.400** Restriction of Emission of Particulate Matter From Industrial Processes {#sec-10-csr-10-6.400 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.400}

PURPOSE: This regulation restricts the emission of filterable particulate matter in the source gas of an operation or activity except where 10 CSR 10-6.405 and/or 10 CSR 10-6.070 would be applied.

(1) Applicability.

(A) This regulation applies to any operation, process, or activity that emits particulate matter.

(B) The provisions of this rule shall not apply to the following:

1. Cotton gins;

2. The grinding, crushing, and classifying operations at a rock quarry;

3. The receiving and shipping of whole grain from or into a railroad or truck transportation source at a grain elevator;

4. Smoke generating devices, as defined in subsection (2)(D) of this rule, when a required permit or a written determination that a permit is not required has been issued or written;

5. Batch-type charcoal kilns required to comply with 10 CSR 10-6.330;

6. The burning of fuel for indirect heating;

7. Fugitive emissions;

8. Emission sources that are exempt from construction permitting under 10 CSR 10-6.061;

9. Emission sources that are permitted by rule under 10 CSR 10-6.062;

10. The burning of refuse;

11. The processing of salvageable material by burning;

12. Emission units that at maximum design capacity have a potential to emit less than one-half (0.5) pounds per hour of particulate matter;

13. The grinding, crushing, and conveying operations at a power plant;

14. Coating operations equipped with a control system designed to control at least ninety-five percent (95%) of the particulate overspray provided the system is operated and maintained in accordance with manufacturers’ specifications or comparable maintenance procedures that meet or exceed manufacturers’ specifications;

15. Any particulate matter emission unit that is subject to a federally enforceable requirement to install, operate, and maintain a particulate matter control device system that controls at least ninety percent (90%) of particulate matter emissions; and 16. Emission units that at maximum hourly design rate (MHDR) have an uncontrolled potential to emit less than the allowable emissions as calculated in paragraphs (3)(A)1. and (3)

(A)2. of this rule.

(C) In the event that other rules in Title 10 Code of State Regulations are also applicable to particulate matter emission units, the more stringent requirement shall apply.

(2) Definitions. Definitions of certain terms specified in this rule (3) General Provisions.

(A) Emission Limitations. All applicable sources, except grey iron jobbing cupolas and corn wet milling drying processes, shall meet the following requirements:

1. Except as provided for in paragraph (3)(A)2. and subsection (1)(B) of this rule, no person shall cause, suffer, allow or permit the emission of particulate matter in any one (1) hour from any source in excess of the amount calculated using one of the following equations selected based on the applicable process weight rate:

For process weight rates of 60,000 pounds per hour (lb/hr) or less:

E = 4.10P 0.67 and for process weight rates greater than 60,000 lb/hr:

E = 55.0P 0.11

– 40; where:

E = rate of emission in lb/hr; and P = process weight rate in tons per hour (tons/hr); or 2. The limitations established by paragraph (3)(A)1. of this rule shall not require the reduction of particulate matter concentration, based on the source gas volume, below the concentration specified in paragraph (3)(A)2., Table I of this

rule for that volume; provided that, for the purposes of this

section, the person responsible for the emission may elect to substitute a volume determined according to the provisions of paragraph (3)(A)3. of this rule; and provided further that the burden of showing the source gas volume or other volume substituted, including all the factors which determine volume and the methods of determining and computing the volume shall be on the person seeking to comply with the provisions of this section.

Source Gas Volume (at Standard Concentration Grain Cubic Foot Per Minute) Per Cubic Foot 7,000 or less 0.100 8,000 0.096 9,000 0.092 10,000 0.089 20,000 0.071 30,000 0.062 40,000 0.057 50,000 0.053 60,000 0.050 80,000 0.045 100,000 0.042 120,000 0.040 140,000 0.038 160,000 0.036 180,000 0.035 200,000 0.034 300,000 0.030 400,000 0.027 500,000 0.025 600,000 0.024 800,000 0.021 1,000,000 or more 0.020; or 3. Any volume of gases passing through and leaving an air pollution abatement operation may be substituted for the source gas volume of the emission unit served by the air pollution abatement operation, for the purposes of paragraph (3)(A)2. of this rule, provided that air pollution abatement operation emits no more than forty percent (40%) of the weight of particulate matter entering; and provided further that the substituted volume shall be corrected to standard conditions and to a moisture content no greater than that of any gas stream entering the air pollution abatement operation and further provided that there is an enforceable requirement to operate the air pollution abatement equipment; and 4. Notwithstanding the provisions of paragraphs (3)(A)1. and (3)(A)2. of this rule, no person shall cause, allow, or permit the emission of particulate matter from any source in a concentration in excess of 0.30 grain per standard cubic foot of exhaust gases.

(B) Grey iron jobbing cupolas shall meet the following requirements:

1. Cupolas shall be equipped with gas cleaning devices operated to remove not less than eighty-five percent (85%) by weight of all the particulate matter in the cupola discharge gases or release not more than 0.4 grain of particulate matter per standard cubic foot of discharge gas, whichever is more stringent; and 2. All gases, vapors, and gas entrained effluents shall be incinerated at a temperature not less than one thousand two hundred degrees Fahrenheit (1,200 °F) for a period of not less than 0.3 seconds.

(C) All existing corn wet milling drying processes shall be equipped with gas cleaning devices operated to remove not less than ninety-nine and one-half percent (99.5%) by weight of all particulate matter in the dryer discharge gases or release not more than one one-hundredth grain of particulate matter per dry standard cubic foot (0.01 gr/dscf) of discharge gas.

(4) Reporting and Record Keeping. All records of any tests performed to determine the amount of particulate matter emitted from a unit shall be kept on-site and available for inspection for five (5) years following the test date.

(5) Test Methods. The following hierarchy of emission measurement approaches shall be used to determine compliance with section (3) of this rule. If compliance data is not available from a measurement approach, or an approach is impractical for a source, then the next approach listed in the hierarchy shall be used in its place. The choice of an emissions measurement approach is subject to the approval of the director— (A) Continuous Emission Monitoring System (CEMS);

(B) Stack tests as specified in 10 CSR 10-6.030(5)(A) or (5)(B), as determined by the director;

(C) Compliance Assurance Monitoring (CAM) plan found in the facility’s operating permit; or (D) Other methods, as described in permits issued under 10 CSR 10-6.060 or 10 CSR 10-6.065 or as approved by the director.

These may include approved engineering calculations or other U.S. Environmental Protection Agency documentation.

Amended: Filed March 13, 2013, effective Oct. 30, 2013.

**History**
- *AUTHORITY: section 643.050, RSMo Supp. 2012. Original rule filed Jan. 14, 2000, effective Aug. 30, 2000. Amended: Filed Dec. 22, 2000, effective Sept. 30, 2001. Amended: Filed Sept. 9, 2008, effective May 30, 2009. Amended: Filed July 1, 2010, effective Feb. 28, 2011. Amended: Filed Sept. 16, 2011, effective May 30, 2012.*

##### **10 CSR 10-6.405** Restriction of Particulate Matter Emissions from Fuel Burning Equipment Used for Indirect Heating {#sec-10-csr-10-6.405 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.405}

PURPOSE: This rule restricts the emission of particulate matter from fuel burning equipment used for indirect heating except where 10 CSR 10-6.070 would be applied.

(1) Applicability.

(A) This rule applies throughout the state with additional conditions applicable to the metropolitan areas of Kansas City, Springfield, and St. Louis as found in sections (2) and (3) of this (B) This rule applies to installations in which fuel is burned for the primary purpose of producing steam, hot water, or hot air or other indirect heating of liquids, gases, or solids and, in the course of doing so, the products of combustion do not come into direct contact with process materials. Fuels may include, but are not limited to, coal, tire derived fuel, coke, lignite, coke breeze, gas, fuel oil, biomass, and wood, but do not include refuse. When any products or byproducts of a manufacturing process are burned for the same purpose or in conjunction with any fuel, the same maximum emission rate limitations apply.

(C) An emission unit that is subject to 10 CSR 10-6.070 and in compliance with applicable provisions; or an emission unit fueled by landfill gas, propane, natural gas, fuel oils #2 through #6 (with less than one and two-tenths percent (1.2%) sulfur), and/or other gases (with hydrogen sulfide levels less than or equal to four (4) parts per million volume as measured using ASTM D4084, as specified in 10 CSR 10-6.040(23), or equivalent and mercury concentrations less than forty (40) micrograms per cubic meter as measured using ASTM D5954, as specified in 10 CSR 10-6.040(30), or ASTM D6350, as specified in 10 CSR 10-6.040(32), or equivalent) would be deemed in compliance with 10 CSR 10-6.405.

(D) The heat input from emission units in subsection (1)

(C) of this rule must be included in the calculation of Q, the installation’s total heat input as defined in subsections (3)(D) and (3)(E) of this rule.

(E) An installation is exempt from this rule if all of the installation’s applicable units are fueled only by landfill gas, propane, natural gas, fuel oils #2 through #6 (with less than one and two-tenths percent (1.2%) sulfur), or other gases (with hydrogen sulfide levels less than or equal to four (4) parts per million volume as measured using ASTM D4084, as specified in 10 CSR 10-6.040(23), or equivalent and mercury concentrations less than forty (40) micrograms per cubic meter as measured using ASTM D5954, as specified in 10 CSR 10-6.040(30), or ASTM D6350, as specified in 10 CSR 10-6.040(32), or equivalent) or any combination of these fuels.

(2) Definitions.

(A) Existing—Any source which was in being, installed, or under construction on the date provided in the following table: *Exception: If any source subsequently is altered, repaired, or rebuilt at a cost of thirty percent (30%) or more of its replacement cost, exclusive of routine maintenance, it no longer is considered an existing source but will be considered a new source.

(B) New—Any source which is not an existing source, as defined in subsection (2)(A) of this rule.

(C) Definitions of certain terms specified in this rule, other (3) General Provisions.

(A) The heat content of solid fuels shall be determined as specified in 10 CSR 10-6.040(2). The heat content of liquid hydrocarbon fuels shall be determined as specified in 10 CSR 10-6.040(3).

(B) For purposes of this rule, the heat input is the aggregate heat content of all fuels whose products of combustion pass through a stack(s). The hourly heat input value used shall be the equipment manufacturer’s or designer’s guaranteed maximum input, whichever is greater, except in the case of boilers of ten (10) million British thermal units (mmBtu) or less the heat input can also be determined by the higher heating value (HHV) of the fuel used at maximum operating conditions.

The total heat input of all fuel burning units used for indirect heating at a plant or on a premises is used for determining the St. Louis Metropolitan Area St. Louis Metropolitan St. Louis Metropolitan maximum allowable amount of particulate matter which may be emitted.

(C) Indirect heating sources requiring permits under 10 CSR 10-6.060 that in turn may require particular air pollution control measures to meet more stringent emission rate limitations than in this rule shall meet the requirements of the permits issued under 10 CSR 10-6.060 Construction Permits Required.

(D) Emission Rate Limitations for Existing Indirect Heating Sources. No person may cause, allow, or permit the emission of particulate matter from existing indirect heating sources in excess of that specified in the following table:

E = the maximum allowable particulate emission rate limit for existing sources in pounds per mmBtu of heat input, rounded off to two (2) decimal places; and Q = the summation of heat input in mmBtu/hour from all affected fuel burning equipment at a source (including existing equipment, new equipment, NSPS units, and other clean units identified in subsection (1)(C) of this rule).

(E) Emission Rate Limitations for New Indirect Heating Sources. No person may cause, allow, or permit the emission of particulate matter in excess of that specified in the following table:

E = the maximum allowable particulate emission rate limit for new sources in pounds per mmBtu of heat input, rounded off to two (2) decimal places; and Q = the summation of heat input in mmBtu/hour from all affected fuel burning equipment at a source (including existing equipment, new equipment, NSPS units, and other clean units identified in subsection (1)(C) of this rule).

(F) Alternate Method of Compliance.

1. Compliance with this rule also may be demonstrated if the weighted average emission rate (WAER) of two (2) or more indirect heating sources is less than or equal to the maximum allowable particulate E determined in subsection (3)(D) or (3)

(E) of this rule. The WAER for the indirect heating sources to be averaged is calculated by the following formula: n ∑ (Ea x Q i=1 WAER = n ∑ Q i=1 WAER = the weighted average emission rate in pounds per mmBtu;

Ea = the actual emission rate of the ith indirect heating source in pounds per mmBtu;

Q = the rated heat input of the ith indirect heating source in mmBtu per hour; and n = the number of indirect heating sources in the average.

2. Installations demonstrating compliance with this rule in accordance with the requirements of subsection (3)(F) of this rule do so by making written application to the director.

The application shall include the calculations performed in paragraph (3)(F)1. of this rule and all necessary information relative to making this demonstration.

3. Subsection (3)(F) of this rule only applies if the WAER determined by paragraph (3)(F)2. of this rule for indirect heating sources does not exceed the maximum allowable particulate E determined for that source from subsection (3)(D) or (3)(E) of this rule when using the rated heat input, Q , for the individual indirect heating source as if that individual indirect heating source was the only such source at the installation.

(4) Reporting and Record Keeping. All records must be kept on-site for a period of five (5) years and made available to the department upon request. The owner or operator shall maintain records of the following information for each year the unit is operated:

(A) The identification of each affected unit and the name and address of the plant where the unit is located for each unit subject to this rule;

(B) The calendar date of the record;

(C) The emission rate in pounds per mmBtu for each unit on an annual basis for those units complying with the limit in subsections (3)(D) and (3)(E) of this rule; and (D) The emission rate in pounds per mmBtu for each facility on an annual basis for those units complying with subsection (3)(F) of this rule.

(5) Test Methods. The following hierarchy of methods shall be used to determine compliance with subsections (3)(D) and (3)

(E) of this rule:

(A) Continuous Emission Monitoring System (CEMS);

(B) Stack tests, as specified in 10 CSR 10-6.030(5)(A) or (5)(B);

(C) Other EPA documents;

(D) Compliance Assurance Monitoring (CAM) Plans as found in a facility operating permit may be used to provide a reasonable assurance of compliance with subsections (3)(D) and (3)(E) of this rule;

(E) Sound engineering calculations;

(F) Any other method, such as AP-42 (U.S. Environmental Protection Agency (EPA) Compilation of Air Pollutant Emission Factors) or Factor Information and Retrieval System (FIRE), approved for the source by incorporation into a construction or operating permit, settlement agreement, or other federally enforceable document. AP-42 (Environmental Protection Agency (EPA) Compilation of Air Pollutant Emission Factors) and St. Louis Metropolitan Area St. Louis Metropolitan ≤ 10 0.60 St. Louis Metropolitan St. Louis Metropolitan Area St. Louis Metropolitan St. Louis Metropolitan ≤ 10 0.60 Factor Information and Retrieval System (FIRE) as published by EPA January 1995 and August 1995 are hereby incorporated Road, Springfield, VA 22161. This rule does not incorporate any subsequent amendments or additions; or (G) Other alternate emission estimation methods not listed in this section when pre-approval is obtained from the department and EPA before using such methods to estimate emissions. 25, 2011, effective Oct. 30, 2011. Amended: Filed Nov. 25, 2019, effective Sept. 30, 2020.

##### **10 CSR 10-6.410** Emissions Banking and Trading {#sec-10-csr-10-6.410 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.410}

PURPOSE: This rule provides a mechanism for companies to acquire offsets for economic development in accordance with

section 643.220, RSMo. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is section 643.220, RSMo.

(1) Applicability.

(A) The generation of emission reduction credits (ERCs) in conjunction with this rule is available to installations that meet the following requirements:

1. Emit more than ten (10) tons per year for a criteria pollutant or its precursors as reported on their Emissions Inventory Questionnaire;

2. Have an operating permit as specified in 10 CSR 10-6.065 Operating Permits; and 3. Are located within any of the following areas:

A. An area that has been designated as a nonattainment area for a criteria pollutant;

B. A maintenance area for a criteria pollutant in which emissions offsets are required for new sources or modifications by the state implementation plan (SIP); or C. A United States Environmental Protection Agency (U.S. EPA) approved attainment or maintenance demonstration or New Source Review (NSR) preconstruction permit modeling domain, unless it is a violation of federal law.

(B) The buying, selling, or trading of ERCs in conjunction with this rule is available to all persons.

(C) The use of ERCs in conjunction with this rule is limited to 1. Emissions offsets to satisfy New Source Review permitting 2. For sources needing emission decreases from existing sources in their area of impact to mitigate air quality impacts from new sources or modifications under prevention of significant deterioration (PSD) requirements.

(2) Definitions.

(A) Activity level—The amount of activity at a source measured in terms of production, use, raw materials input, vehicle miles traveled, or other similar units that have a direct correlation with the economic output of the source and is not affected by changes in the emissions rate (i.e., mass per unit of activity).

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

(3) General Provisions.

(A) General Rules for Generation and Use.

1. To become an account holder, a person must complete an account application, as specified in subsection (4)(A) of this

rule, and be assigned a unique account identification number by the Missouri Department of Natural Resources’ Air Pollution Control Program.

2. Each account holder must designate an authorized account representative and an alternate authorized account representative on the account application.

3. Except as provided under paragraph (3)(B)2. of this rule, any source may generate an ERC by reducing emissions, in the amount determined under paragraph (3)(B)1. ERC generators must ensure that ERCs are real, properly quantified, permanent, and surplus.

4. There shall be no resulting adverse impact on air quality.

5. The director of the Missouri Department of Natural Resources’ Air Pollution Control Program may not approve use of offsets where that use would interfere with the nonattainment control strategy contained in the Missouri State Implementation Plan.

6. Governmental approvals. No ERC can be transferred without prior notification of intent to transfer to the director of the Missouri Department of Natural Resources’ Air Pollution Control Program. No ERC can be retired without prior notification of intent to use. ERCs that are used for NSR offsets shall have prior director approval.

7. Market participation. Any account holder may transfer, buy, sell, trade, or otherwise convey ERCs to another account holder in any manner in accordance with this rule.

8. Limited authorization to emit. An ERC created under this rule is a limited authorization to emit a criteria pollutant or its precursor in accordance with the provisions of this rule.

An ERC does not constitute a property right. Nothing in this

rule shall be construed to limit the authority of the Missouri Air Conservation Commission to terminate or limit such authorization.

9. Serial numbers. Each ERC will be assigned a unique identification number.

10. Shutdowns.

A. ERCs may be generated when a unit is shutdown or retired if the new replacement equipment is directly replacing the retired unit and the permit is applied for within one (1) year of the shutdown or retirement of the existing unit.

B. ERCs may be generated for entire installation shutdowns if the installation is located in an area where offsets are required by the state implementation plan and if the installation is defined as a major source for the pollutant or a precursor of the pollutant for which the area is classified.

These ERCs shall be reduced by twenty-five percent (25%) and rounded to the nearest ton at the time of deposit into the generator’s account.

C. In nonattainment areas lacking an approved attainment plan, banking of ERCs from shutdowns is subject to the provisions of 40 CFR 51.165(a)(3)(ii)(C), which is incorporated by reference.

11. Environmental contribution.

A. On December 31 of each year, the banked ERCs that were deposited in previous calendar years shall be reduced by three percent (3%).

B. The department shall deduct three percent (3%) of these ERCs from each account holders’ banked ERCs. The remaining account balances shall be rounded down to the nearest ERC.

C. If the account holder wishes for specific serial numbered ERCs to be deducted for environmental contribution, a letter specifying the serial numbers must be received by the Pollution Control Program by December 1 of each year.

D. On December 31 of each year, ERCs that have been reserved by an approved Notice of Intent to Use shall not be subject to the three percent (3%) environmental contribution.

E. In the event that ERCs are not taxed on December 31 due to being reserved and the ERCs are subsequently reinstated, a three percent (3%) environmental contribution shall be deducted at that time for each year that the ERCs were reserved and would have been subject to the environmental contribution.

12. ERCs shall be used on a first-in, first-out basis, unless specific serial numbers are included in the Notice of Intent to Use, Notice of Withdrawal, Notice of Intent to Transfer, or at the time of environmental contribution as specified in subparagraph (3)(A)11.C. of this rule. If serial numbers are not specified, the oldest ERCs in an account shall be reserved and/ or retired first.

13. The trading or use of ERCs in a modeling domain may be based on modeling performed on a concentration basis.

(B) ERC Generation.

1. Computation of ERCs.

A. The number of ERCs shall be the difference between— (I) The amount of actual emissions that would have been emitted during the generation period based on actual activity levels during that period and normal source operation;

(II) The amount of actual emissions during the generation period based on actual activity levels during that period.

B. Protocols. The amount of ERCs must be calculated using quantification protocols that meet the requirements of paragraph (3)(B)7. of this rule.

2. Limitations on generation. An ERC shall not be created by emissions reductions of activities or source categories identified in this subsection:

A. Permanent shutdowns or curtailments, unless it meets the requirements of paragraph (3)(A)10. of this rule;

B. Modification or discontinuation of any activity that is otherwise in violation of any federal, state, or local requirements;

C. Emission reductions required to comply with any state, federal, or local action including but not limited to:

(I) State, federal, or local consent agreements;

(II) Any provision of a state implementation plan; or (III) Requirements for attainment of a National Ambient Air Quality Standard;

D. Emission reductions of hazardous air pollutants from application of a standard promulgated under section 112 of the Clean Air Act;

E. Reductions credited or used under any other emissions trading program;

F. Emission reductions occurring at a source which received an alternate emission limit to meet a state reasonably available control technology (RACT) requirement, except to the extent that the emissions are reduced below the level that would have been required had the alternate emission limit not been issued; or G. Emission reductions previously used in determining net emission increases or used to create alternate emission limits.

3. Notice and Certification of Generation.

A. The owner or operator of a generator source shall provide a Notice and Certification of Generation to the Missouri Department of Natural Resources no later than ninety (90) days after the ERC generation activity was completed.

B. Required information. The Notice and Certification of Generation shall include the information specified in subsection (4)(B) of this rule.

C. The department shall review the Notice of Generation and notify the authorized account representative of approval or denial of the Notice of Generation within thirty (30) days of receipt of the notice.

D. The Notice and Certification of Generation shall be accompanied by an operating permit modification application.

E. Certification under penalty of law. Any Notice and Certification of Generation submitted pursuant to this subsection shall contain certification under penalty of law by a responsible official of the generator source of truth, accuracy, and completeness. This certification shall state that based accurate, and complete.

4. ERC use.

A. Time of acquisition. ERCs may not be used until they are acquired by the user source.

B. Sufficiency. The user source must hold sufficient ERCs to cover its offset obligation.

C. Offset calculation. The amount of ERCs needed to offset emissions shall be the anticipated actual emissions multiplied by the offset ratio.

D. Notice of Intent to Use ERCs.

(I) ERCs may be used only if the authorized account representative of the user source submits to the staff director of the Missouri Department of Natural Resources’ Air Pollution Control Program a Notice of Intent to Use.

(II) Required information. The Notice of Intent to Use ERCs shall include the information specified in subsection (4)

(C) of this rule.

(III) The department shall review the Notice of Intent to Use and notify the facility of approval or denial within thirty (30) days of receipt of the notice.

(IV) The Missouri Department of Natural Resources’ Air Pollution Control Program shall reserve the specified ERCs when the permit application is deemed complete by the Initial Review Unit.

(V) Upon issuance of the construction permit, the appropriate number of reserved ERCs shall be permanently retired.

E. Notice of Withdrawal.

(I) An account holder may at any time withdraw ERCs from the program.

(II) Required information. The Notice of Withdrawal shall include the information specified in subsection (4)(D) of (III) The department shall review the Notice of Withdrawal and notify the facility of approval or denial within thirty (30) days. Upon approval, the specified ERCs shall be removed from the facility’s account.

F. Notice of Transfer.

(I) Account holders seeking an account transfer must submit a Notice of Transfer.

(II) Required information. The Notice of Transfer shall include the information specified in subsection (4)(E) of this (III) The department shall review the Notice of Transfer and notify the facilities of approval or denial within thirty (30)

days. Upon approval, the specified ERCs shall be transferred to the specified account.

5. Use limitations. ERCs may not be used— A. Before acquisition by the user of the ERCs;

B. For netting or to avoid the applicability of NSR requirements;

C. For NSR offsets unless the requirements of paragraph (3)(B)8. of this rule are met;

D. To meet Clean Air Act requirements for new source performance standards (NSPS) under section 111; lowest achievable emission rate (LAER) standards; best available control technology (BACT) standards; hazardous air pollutant (HAP) standards under section 112; reasonably available control technology (RACT);

E. To meet the requirements for one (1) class of criteria pollutants or precursor by using ERCs generated in a different class of pollutants or precursors (e.g., NO reductions may not be exchanged for volatile organic compound (VOC) increases, or vice-versa); or F. To meet requirements contained in Title IV of the Federal Clean Air Act.

6. Geographic scope of trading.

A. ERCs may be used in a nonattainment or maintenance area only if generated in the same nonattainment or maintenance area.

B. ERCs generated inside a modeling domain may be used in the same modeling domain. Trading of ERCs within a modeling domain is subject to the limitations of subparagraph (3)(B)6.A. of this rule.

C. Interstate trading. (Reserved)

7. Protocol development and approval. To quantify the amount of ERCs generated and the amount needed for compliance, all sources shall use the following hierarchy as a guide to determine the most desirable emission data to report to the department. If data is not available for an emission estimation method or an emission estimation method is impractical for a source, then the subsequent emission estimation method shall be used in its place:

A. Continuous Emission Monitoring System (CEMS) as specified in 10 CSR 10-6.110;

B. Stack tests as specified in 10 CSR 10-6.110;

C. Material/mass balance;

D. AP-42 (Environmental Protection Agency (EPA)

Compilation of Air Pollution Emission Factors) or FIRE (Factor Information and Retrieval System);

E. Other U.S. EPA documents as specified in 10 CSR 10- 6.110;

F. Sound engineering calculations; or G. Facilities shall obtain department approval of emission estimation methods other than those listed in subparagraphs (3)(B)7.A.–F. of this rule before using any such method to estimate emissions in the submission of data.

8. ERC use for NSR. All ERCs used to meet NSR offset requirements shall comply with the requirements of state rule

##### **10 CSR 10-6.060** Construction Permits Required. {#sec-10-csr-10-6.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 10-6.060}

9. Compliance burden.

A. The ERC user source is responsible for assuring that the generation and use of ERCs comply with this rule.

B. The ERC user source (not the enforcing authority) bears the burden of proving that ERCs used are valid and sufficient and that the ERC use meets all applicable requirements of this rule. The ERC user source is responsible for compliance with its underlying obligations. In the event of enforcement against the user source for noncompliance, it shall not be a defense for the purpose of determining civil liability that the user source relied in good faith upon the generator source’s representations.

C. In the event of an invalid ERC, the generator source shall receive a Notice of Violation and the ERC user must find additional ERCs to comply with offset requirements.

10. Sources that emit less than ten (10) tons per year.

(Reserved)

(C) Offsets. Offsets referred to in 10 CSR 10-6.060 subsection (7)(B) are subject to the following conditions:

1. Except for previously banked emission reduction credits, no offset credit may be taken for emission reductions occurring prior to the base year used to project attainment of the pollutant standard in the state implementation plan; and 2. No offset credit may be taken for emission reductions previously used in determining net emission increases or used to create alternate emission limits.

(D) Banking. Banking credit for emission reductions to use as offsets, at some future time, shall be allowed under the following circumstances:

1. The person requesting banking is the owner or operator of:

A. A new or modified installation who obtains a permit by applying offsets which exceed the requirements of 10 CSR 10-6.060; or B. An existing installation in an area where offsets are required by the state implementation plan and that voluntarily reduces emissions of the pollutant or a precursor of the pollutant for which the area is classified after the base year used in the state implementation plan;

2. For source operations in the nonattainment areas for which reasonably available control technology (RACT) would be required, but as yet has not been defined, actual emission levels shall be reduced to represent post-RACT levels. The control technology assumed for these calculations shall be mutually agreed upon by the applicant and the director of the Missouri Department of Natural Resources’ Air Pollution Control Program. Only emission reductions beyond the post- RACT emissions levels will be creditable;

3. Credit for emission reductions beyond those that were required by RACT or paragraph (3)(D)2. of this rule at a shutdown installation and that are in excess of those needed to offset a replacement installation can be banked;

4. It shall be a violation of this rule for any person to operate a source operation from which banked credit for emission reductions was obtained so as to emit the pollutant at levels greater than identified in the offset calculation referred to in subparagraph (3)(B)4.C. of this rule, unless the person who banked credit for the reductions, or their transferee, first files a notice with the director of the Missouri Department of Natural Resources’ Air Pollution Control Program stating that credit for the reductions or a part of the credit is being withdrawn from the bank, and credit has not previously been withdrawn; and 5. The amount of banked emission reduction credits shall be discounted without compensation to the holder in the applicable source category when new rules requiring emission reductions are adopted by the commission. The amount of discounting of banked emission reduction credits shall be calculated on the same basis as the reductions required for existing sources which are subject to the new rule. A portion of banked credits, equivalent to the anticipated required reductions may be temporarily frozen by the director of the Missouri Department of Natural Resources’ Air Pollution Control Program in anticipation of a new rule being adopted by the commission. This paragraph, however, shall not apply to emission reductions, discounted at the time of banking in accordance with paragraph (3)(D)2. of this rule, unless the new rule provides for the replacement of RACT with BACT or another more stringent level of control.

(4) Reporting and Record Keeping.

(A) The Account Application shall include the following information, submitted on a form supplied by the Missouri 1. The name and address of account holder;

2. Authorized account representative and alternate authorized account representative; and 3. County plant identification number (if applicable).

(B) The Notice and Certification of Generation shall include the following information, submitted on a form supplied by the Missouri Department of Natural Resources:

1. Account identification number;

2. Date generating activity was completed;

3. A brief description of the generation activity;

4. The amount of ERCs generated;

5. Affected emission units;

6. The protocols that were used to calculate and document the ERCs;

7. Information on all the generator source’s applicable emission rates;

8. A statement that the reductions were calculated in accordance with paragraph (3)(B)1. of this rule;

9. A statement that the ERCs were not generated in whole or in part from actions prohibited pursuant to paragraph (3)

(B)2. of this rule;

10. For each source subject to reporting toxic chemical releases for the Community Right-to-Know provisions under 40 CFR part 372, the estimated amount of hazardous air pollutants, as defined below, emitted to the air as the result of the generation of the ERC.

A. A pollutant shall be reported under this paragraph, only if it is listed both in 40 CFR 372.65 and section 112(b) of the Clean Air Act, and a chemical which the source is reporting or expects to report under 40 CFR part 372 for the calendar year in which the ERC was generated.

B. The requirements in 40 CFR 373.30(b) shall be followed for the notice.

C. The exemptions listed in 40 CFR 372.38 for determining the amount of release to be reported under 40 CFR 372.30 shall also be exemptions for determining the amount emitted under this subsection.

D. The notice shall include:

(I) The name and Chemical Abstracts Service (CAS) number (if applicable) of the chemical reported;

(II) If the chemical identity is claimed trade secret under 40 CFR 372, a generic name for the chemical as reported under 40 CFR 372.85(b)(11);

(III) A mixture component identity if the chemical identity is not known; and (IV) An estimate of total air emissions, in pounds, for the relevant time period of ERC generation. Releases of less than one thousand (1,000) pounds may be indicated in ranges.

11. Signature of authorized account representative and the (C) The Notice of Intent to Use ERCs shall include the following information submitted on a form supplied by the Missouri Department of Natural Resources:

1. The name of the facility;

2. The emissions unit and the applicable pollutant;

3. Account identification number;

4. The date(s) on which the ERCs were acquired;

5. The amount of ERCs used and the associated serial numbers;

6. The applicable state and federal requirements that the ERCs were used to comply with;

7. The emissions quantification protocols that were used to calculate the amount of ERCs required to demonstrate compliance and documentation for the compliance calculation under paragraph (3)(B)7. of this rule;

8. A statement that due diligence was made to verify that the ERCs were not previously used and not generated as a result of actions prohibited under this regulation or other provisions of law;

9. A statement that the ERCs were not used in a manner prohibited under this regulation or other provisions of law;

10. For each source subject to reporting toxic chemical releases for the Community Right-to-Know provisions under 40 CFR part 372, the estimated amount of hazardous air pollutants emitted to the air as the result of the use of the ERC to meet otherwise applicable requirements. The estimated amount shall include emissions increases and any emission reductions used for ERCs instead of non-ERC compliance with otherwise applicable requirements. The same procedures shall be followed as the similar requirement under the Notice and Certification of Generation; and 11. Signature of authorized account representative and the (D) The Notice of Withdrawal shall include the following information submitted on a form supplied by the Missouri 1. The name of the facility;

2. The emissions unit and the applicable pollutant;

3. Account identification number;

4. The serial numbers of the ERCs to be withdrawn;

5. The reason for the withdrawal;

6. A copy of the Notice and Certification of Generation submitted by the generator source to the state; and 7. Signature of authorized account representative and the (E) The Notice of Transfer shall include the following information submitted on a form supplied by the Missouri 1. The name of the account holder that is trading the ERCs;

2. The name of the account holder that is receiving the ERCs;

3. Account identification number;

4. The amount of ERCs to be transferred and the associated serial numbers and applicable pollutants;

5. A statement that due diligence was made to verify that the ERCs were not previously used and not generated as a result of actions prohibited under this regulation or other provisions of law; and 6. Signature of authorized account representatives from both accounts signifying that both account holders agree to the requested transfer.

(F) The generator source shall document the protocol and specific data by which an ERC is quantified. Generator sources shall transfer all such documentation to any transferee at the time that ownership of an ERC is transferred. The user source shall document the protocol and specific data by which the amount of ERCs needed for compliance was determined. The user source shall maintain all relevant documentation for a minimum of five (5) years after an ERC is used for compliance.

Records shall be kept with at least the same frequency as required for the underlying requirement.

(5) Test Methods. (Not Applicable)

Filed May 17, 2004, effective Dec. 30, 2004. Amended: Filed Oct. 15, 2008, effective July 30, 2009. Amended: Filed Jan. 31, 2012, effective Sept. 30, 2012. *Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011 and 643.220, RSMo 2001, amended 2002.

**History**
- *AUTHORITY: sections 643.050 and 643.220, RSMo Supp. 2011. Original rule filed Aug. 2, 2002, effective April 30, 2003. Amended:*

## **Division 20** Clean Water Commission

### **Chapter 1** Organization

##### **10 CSR 20-1.010** Organization and Powers {#sec-10-csr-20-1.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-1.010}

(Rescinded September 30, 2018)

Rescinded: Filed Oct. 12, 1979, effective July 10, 1980. Readopted: Filed Feb. 4, 1980, effective July 11, 1980. Rescinded: Filed Dec. 29, 2017, effective Sept. 30, 2018.

**History**
- *AUTHORITY: sections 644.026 and 536.023(3), RSMo 1986. Original rule filed June 14, 1976, effective Dec. 11, 1976.*

##### **10 CSR 20-1.020** Clean Water Commission Appeals and Requests for Hearings {#sec-10-csr-20-1.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-1.020}

(Rescinded September 30, 2018)

Original rule filed May 1, 2006, effective Dec. 30, 2006. Rescinded: Filed Dec. 29, 2017, effective Sept. 30, 2018.

JOHNR. ASHCROFT(8/31/18)

**History**
- *AUTHORITY: section 644.026, RSMo 2000.*

### **Chapter 2** Definitions

##### **10 CSR 20-2.010** Definitions {#sec-10-csr-20-2.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-2.010}

PURPOSE: This rule sets forth the definitions of terms used in the Missouri Clean Water Law and Missouri Concentrated Animal Feeding Operation Law (640.700-640.760, RSMo) and all regulations passed pursuant to it, specifically 10 CSR 20.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) “Abandoned well,” as defined in section 256.603, RSMo.

(2) “Agrichemical,” any fertilizer licensed by the Missouri Fertilizer Control Program or any pesticide but does not include anhydrous ammonia fertilizer material.

(3) “Agrichemical facility,” as defined by section 644.016, RSMo, any site, with the exception of chemical production facilities, where bulk pesticides or fertilizers, excluding anhydrous ammonia fertilizer, are— (A) Stored and combined in non-mobile containers, dedicated containers, or storage basins; or (B) Stored or being mixed, applied, repackaged, or transferred between containers or storage basins.

(4) “Application,” the application form supplied by the department, the filing fee, if applicable, and other supporting documents if requested.

(5) “Appurtenances,” valves, pumps, fittings, pipes, hoses, plumbing, or metering devices connected to sewers, basins, tanks, storage vessels, treatment units, and discharge or delivery structures, or used for transferring products or wastes.

(6) “Aquaculture facility,” as defined by section 644.016, RSMo, a hatchery, fish farm, or other facility used for the production of aquatic animals that is required to have a permit pursuant to the federal Clean Water Act, as amended, 33 U.S.C. Section 1251, et seq.

(7) “Aquifer,” as defined by section 640.403, RSMo, for the purposes of these rules, does not include water in the vadose zone, or sandy or gravelly alluvial soils in or on the floodplains of intermittent streams.

(8) “Best management practices (BMPs),” schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent pollution and protect the environment. BMPs also include treatment requirements, operating procedures, and practices to control facility runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

(9) “Biosolids,” the solid, semisolid, or liquid residue from treatment works treating domestic sewage and then further treated physically, biologically, and/or chemically. Commonly called sewage sludge, biosolids are treated to reduce pathogens and vector attraction. Materials like grit, screenings, and incinerator ash are excluded.

(10) “Blending,” the practice of diverting wet-weather flows around any treatment unit and recombining those flows within the treatment facility, while providing primary and secondary or biological treatment up to the available capacity, consistent with all applicable effluent limits and conditions.

See bypass, section (14) of this rule.

(11) “Bulk fertilizer,” any liquid or dry fertilizer which is transported or stored in undivided quantities of greater than five hundred (500) gallons measure or five thousand (5,000) pounds net dry weight respectively.

(12) “Bulk pesticide,” any registered pesticide which is transported or stored in an individual container in undivided quantities greater than fifty-six (56) gallons liquid measure or one hundred (100) pounds dry weight respectively.

(13) “Bulk repackaging,” the transfer of a registered pesticide from one (1) container to another in an unaltered state in preparation for sale to or distribution for use by another person.

(14) “Bypass,” as defined by 40 CFR part 122 subpart C, October 22, 2015, as published by the EPA Docket Center, EPA West, 1301 Constitution Avenue NW, Washington, DC 20004, is incorporated by reference. This rule does not incorporate any subsequent amendments or additions. Blending is not a bypass.

(15) “Catastrophic storm,” a precipitation event of twenty-four- (24-) hour duration or less that exceeds the twenty-five- (25-) year, twenty-four- (24-) hour storm event. This does not amend the definition of “chronic weather event” in 10 CSR 20-6.300.

(16) “Chronic storm event,” unless otherwise defined in a rule, a precipitation event with a duration of more than twenty-four (24) hours that exceeds the one-in-ten- (1-in-10-) year return frequency. This does not amend the definition of “chronic weather event” in 10 CSR 20-6.300.

(17) “Clean Water Act,” the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) (P.L. 92- 500) as amended in 1977 (P.L. 95-217), 1978 (P.L. 95-576), 1980 (P.L. 96-483), and in 1981 (P.L. 97-117), 33 U.S.C. 1251 et seq, as published by the Office of the Law Revision Counsel, U.S.

House of Representatives, H2-308 Ford House Office Building, Washington, DC 20515, are incorporated by reference. This

rule does not incorporate any subsequent amendments or additions.

(18) “Collection system,” a network of pipes or similar conduits, pump stations, air release valves, and all other structures, devices and appurtenances for collecting and conveying wastewater to wastewater treatment facilities. Service lines and service connections are typically excluded.

(19) “Commingled offsite industrial wastewater or wastewater residuals open storage basin or open storage vessel,” an open earthen basin or open storage vessel (as defined in section 644.016, RSMo) in which process wastes from other operating location(s) are brought in, stored, and mixed prior to land application.

(20) “Commission,” as defined by section 644.016, RSMo, the Clean Water Commission of the state of Missouri created in

section 644.021, RSMo.

(21) “Common promotional plan,” a plan, undertaken by one (1) or more persons, to offer individual lots or residential housing units within a residential housing development for sale or lease; where land or residential housing units are offered for sale or lease by a person or group of persons acting in concert, and the land is contiguous or is known, designated, or advertised as a common unit or by a common name or similar names, the land is presumed, without regard to the number of lots or residential housing units covered by each individual offering, as being offered for sale or lease as part of a common promotional plan. State and county roads are not considered property boundaries.

(22) “Composite sample,” a combination of individual samples collected over a designated period of time.

(23) “Conference, conciliation, and persuasion,” as defined by

section 644.016, RSMo, a process of verbal or written communications consisting of meetings, reports, correspondence, or telephone conferences between authorized representatives of the department and the alleged violator. The process shall, at a minimum, consist of one (1) offer to meet with the alleged violator tendered by the department. During any such meeting, the department and the alleged violator shall negotiate in good faith to eliminate the alleged violation and shall attempt to agree upon a plan to achieve compliance.

(24) “Construction,” any activities including but not limited to the erection, installation, or significant modification of any dwelling, structure, building, sewer system, water contaminant source, or point source. Construction commences with any preparatory activity including but not limited to trenching, excavation for any building in a subdivision, or for a wastewater treatment facility, demolition of existing wastewater treatment facility structures or change in the wastewater treatment facility operation necessary to allow modification, but not to include interior remodeling of singlefamily residences or commercial buildings which will not result in a substantial change in wastewater volume, nature, or strength of the discharge therefrom.

(25) “Continuing authority” is a company, business, entity, or person(s) that is the owner of, operator of, or area-wide management authority for a water contaminant source, point source, or treatment facility, or sewer collection system that will ensure compliance with the permit requirements.

(26) “Daily maximum,” an effluent limitation that specifies the total mass or average concentration of pollutants that may be discharged in a calendar day.

(27) “Dedicated agrichemical container,” a container effectively designed and constructed to hold a specific agrichemical and to be reused, repackaged, or refilled.

(28) “Department,” as defined by section 644.016, RSMo, the Department of Natural Resources.

(29) “Developer,” any person or group of persons who directly or indirectly sells or leases or offers to sell or lease any lots, residential housing units, or recreational camping sites, but not to include any licensed broker or licensed salesman who is not a shareholder, director, officer, or employee of a developer and who has no legal or equitable interest in the land.

(30) “Director,” as defined by section 644.016, RSMo, the director of the Department of Natural Resources.

(31) “Discharge,” as defined by section 644.016, RSMo, the causing or permitting of one (1) or more water contaminants to enter the waters of the state.

(32) “Domestic wastewater,” wastewater (i.e., human sewage) originating primarily from the sanitary conveniences of residences, commercial buildings, factories, and institutions, including any water which may have infiltrated the sewers.

Domestic wastewater excludes stormwater, animal waste, industrial process wastewater, industrial process wastewater treatment residuals, and other similar industrial residuals.

(33) “Earthen basin,” a basin to hold liquids, solids, semi-solids, or a combination thereof constructed by excavation and/ or forming structure, bottom, and berms made of earthen materials. Earthen basins are designed and constructed to prevent ground and surface water contamination and may be storage basins, equalization basins, or lagoons.

(34) “Effluent,” any wastewater or other substance flowing out of or released from a point source, water contaminant source, or wastewater treatment facility.

(35) “Effluent control regulations,” as defined by section 644.016, RSMo, limitations on the discharge of water contaminants.

(36) “Effluent limitation segment,” any segment of water where the water quality meets and will continue to meet water quality standards or where the water quality will meet water quality standards after the application of effluent limitation guidelines.

(37) “Electrical feed,” an electrical supply or device that supplies power to equipment through a transmission line.

(38) “Engineer,” as defined by section 327.011, RSMo.

(39) “Environmental Protection Agency (EPA),” the United States Environmental Protection Agency.

(40) “Fertilizer,” as defined by section 266.291(4), RSMo.

(41) “Freeboard,” the vertical distance from the liquid water surface to the overflow point, spillway, emergency overflow, pipe, or top of the berm or tank, whichever is lowest.

(42) “General permit,” as defined by section 644.016, RSMo, a permit written with a standard group of conditions and with applicability intended for a designated category of water contaminant sources that have the same or similar operations, discharges, and geographical locations, and that require the same or similar monitoring, and that would be more appropriately controlled pursuant to a general permit rather than pursuant to a site-specific permit.

(43) “General permit template,” as defined by section 644.016, RSMo, a draft general permit that is being developed through a public participation process.

(44) “Grab sample,” any individual sample collected without compositing or adding other samples.

(45) “Human sewage,” as defined by section 644.016, RSMo, human excreta and wastewater, including bath and toilet waste, residential laundry waste, residential kitchen waste, and other similar waste from household or establishment appurtenances.

(46) “Innovative technology,” new and generally unproven technology in the type or method of its application that bench testing or theory suggests has environmental, efficiency, and cost benefits beyond standard technologies.

(47) “Lagoon,” an earthen basin or lined basin used for biological treatment of wastewater, usually designed for biochemical oxygen demand (BOD) removal and settling of solids. Lagoons can be designed as flow-through, controlled discharge, no-discharge systems, or for storage.

(48) “Lake,” a naturally or artificially impounded body of water.

For the purposes of these rules, lakes include constructed reservoirs. This does not include ponds which were built as stormwater diversions for agricultural needs.

(49) “Losing streams,” a stream which distributes thirty percent (30%) or more of its flow during low flow conditions through natural processes. Losing streams are identified in the digital geospatial dataset ‘LOSING_STREAM’ developed by the Missouri Department of Natural Resources, Missouri Geological Survey; additional streams may be determined to be losing by the department.

(50) “Lot,” any portion, piece, division, unit, or undivided interest in real estate, if the interest includes the right to the exclusive use of a specific portion of real estate, whether for a specific term or in perpetuity.

(51) “Minor violation,” as defined by section 644.016, RSMo, a violation which possesses a small potential to harm the environment or human health or cause pollution, was not knowingly committed, and is not defined by the United States Environmental Protection Agency as other than minor.

(52) “Missouri Clean Water Law,” as defined by sections 644.006 through 644.141, RSMo.

(53) “Mobile container,” a container designed and used for transporting agrichemicals that meet the United States Department of Transportation standards for the product being transported.

(54) “Monthly average,” the total mass or concentration of all daily discharges sampled during a calendar month divided by the number of daily discharges sampled or measured during that month.

(55) “Municipality,” an incorporated city, town, or village (including an intermunicipal agency of two (2) or more of the foregoing entities).

(56) “National Pollutant Discharge Elimination System (NPDES),” as defined in the Clean Water Act. See Clean Water Act, section (17) of this rule.

(A) NPDES permit. Any permit issued by either the EPA or the state of Missouri under authorization by EPA which fulfills the NPDES requirements as set forth in the Clean Water Act.

(B) NPDES application. Any application on a form supplied by the department, submitted for an NPDES permit.

(57) “New discharger,” any building, structure, facility or installation— (A) Which on October 18, 1972, has never discharged pollutants;

(B) Which has never received a finally effective NPDES permit;

(C) From which there is or may be a new or additional discharge of pollutants; and (D) Which does not fall within the definition of new source.

(58) “New source,” as defined by 40 CFR part 122 subpart A, June 29, 2015, as published by the EPA Docket Center, EPA West, 1301 Constitution Avenue NW, Washington, DC 20004, are incorporated by reference. This rule does not incorporate any subsequent amendments or additions.

(59) “No-discharge,” a facility designed, constructed, and operated to hold or irrigate, or otherwise dispose without discharge to surface or subsurface waters of the state, all process wastes and associated stormwater flows except for discharges that are caused by catastrophic and chronic storm events; any basin is sealed in accordance with 10 CSR 20-8, Minimum Design Standards; and no subsurface releases exist in violation of 10 CSR 20-7.015, Effluent Regulations, or section 577.155, RSMo.

(60) “Non-mobile container,” a stationary container designed to be incapable of movement once installed; not defined as mobile.

(61) “Occupied residence or dwelling” means a residential dwelling which has been inhabited at least fifty percent (50%) of the previous year. Residences or dwellings for which construction began after the associated permit application was submitted, or neighbor notice was conducted, are excluded.

(62) “Open storage basin,” as defined by section 644.016, RSMo, an open earthen basin (nonconcrete) with a capacity of two and one-half million gallons (2.5 MG) or larger that stores industrial process wastewater or industrial process wastewater residuals for disposal or land application.

(63) “Open storage vessel,” as defined by section 644.016, RSMo, any metal, plastic, or polymer lined basin with a capacity of two and one-half million gallons (2.5 MG) or larger that stores industrial process wastewater or industrial process wastewater residuals for disposal or land application.

(64) “Operating location,” as defined by section 644.016, RSMo, all contiguous lands owned, operated, or controlled by one (1) or more persons jointly or as tenants in common, except land application sites are not required to be contiguous. State and country roads (excluding interstates) are not considered property boundaries for the purposes of this rule.

(65) “Operation and maintenance,” activities to assure the dependable and economical function of wastewater and stormwater systems.

(A) Maintenance. Preservation of functional integrity and efficiency of equipment and structures. The proper keeping of all aspects of a collection system and wastewater treatment facility and appurtenances thereto, that pertain to safety, in a state of repair and working order as necessary to comply with the Missouri Clean Water Law and any permit issued thereunder and to protect public health and safety. This includes preventive maintenance, corrective maintenance, and replacement of equipment as needed.

(B) Operation. Control of the unit processes and equipment which make up the wastewater treatment facility. This includes financial and personnel management, records, laboratory control, process control, safety, and emergency operation planning.

(66) “Operational area,” an area(s) at an agrichemical facility where agrichemicals are transferred, loaded, unloaded, mixed, repackaged, refilled, or where agrichemicals are cleaned, washed, or rinsed from containers or equipment that is used in application, handling, storage, or transportation.

(67) “Operational containment area,” any structure or system effectively designed and constructed to intercept and contain discharges, including container or equipment wash water, rinsates and precipitation, and to prevent escape, runoff, or leaking from the operational area.

(68) “Pasture,” a field for raising, housing, stabling, feeding, or maintaining livestock or other animals upon which grass, crops, or other vegetation is sustained over fifty percent (50%) of the area within the normal growing season.

(69) “Permit by rule,” as defined by section 644.016, RSMo, a permit granted by rule, not by a paper certificate, and conditioned by the permit holder’s compliance with commission rules.

(70) “Person,” as defined by section 644.016, RSMo, any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision, or any agency, board, department, or bureau of the state or federal government, or any other legal entity whatever which is recognized by law as the subject of rights and duties.

(71) “Pesticide,” as defined by section 281.020(25), RSMo.

(72) “Point source,” as defined by section 644.016, RSMo, any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. Point source does not include agricultural storm water discharges and return flows from irrigated agriculture.

(73) “Pollutant,” as defined by 40 CFR part 122 subpart A, June 29, 2015, as published by the EPA Docket Center, EPA West, 1301 Constitution Avenue NW, Washington, DC 20004, is incorporated by reference. This rule does not incorporate any subsequent amendments or additions.

(74) “Pollution,” as defined by section 644.016, RSMo, such contamination or other alteration of the physical, chemical, or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is reasonably certain to create a nuisance or render such waters harmful, detrimental, or injurious to public health, safety, or welfare, or to domestic, industrial, agricultural, recreational, or other legitimate beneficial uses, or to wild animals, birds, fish or other aquatic life.

(75) “Pretreatment regulations,” as defined by section 644.016, RSMo, limitations on the introduction of pollutants or water contaminants into publicly owned treatment works or facilities which the commission determines are not susceptible to treatment by such works or facilities or which would interfere with their operation, except that wastes as determined compatible for treatment pursuant to any federal water pollution control act or guidelines shall be limited or treated pursuant to this chapter only as required by such act or guidelines.

(76) “Primary containment,” the storage of an agrichemical in either its original container or other suitable container, including dedicated containers, effectively designed and constructed to contain the product that may be stored there.

(77) “Process waste(s),” for the purposes of 10 CSR 20, any process wastewater or process wastewater treatment residuals.

(78) “Process wastewater,” any wastewater originating from sanitary conveniences, or water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product, including direct discharges from a land application field, but not agricultural stormwater as exempted in 644.059, RSMo. This does not include stormwater unless explicitly defined as wastewater in

rule.

(79) “Process wastewater treatment residuals,” sludges, biosolids, or other residuals originating from sanitary conveniences, or generated during manufacturing or processing, or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.

(80) “Public building,” a building routinely open to use by the public for public purposes.

(81) “Publicly owned treatment works (POTW),” wastewater treatment facility and collection system which conveys wastewater to the POTW owned by the state, a municipality, a political subdivision, or a sewer district defined by Chapters 644, 249, and 250, RSMo.

(82) “Pump and haul,” a no-discharge system which temporarily holds wastewater and wastewater treatment residuals until it is pumped down and the materials hauled to a permitted wastewater treatment facility or to an out-of-state location.

(83) “Regional administrator,” regional administrator of the Environmental Protection Agency’s regional office for the region in which the state of Missouri is located.

(84) “Release,” to discharge directly or indirectly to waters of the state, or to place, cause, or permit to be placed, any water contaminant in any location where it is reasonably certain to enter waters of the state. For agrichemical facilities, this includes any spill, leak, deposit, dumping, or emptying of an agrichemical, process wastewater, or collected precipitation from a secondary containment area or operational containment area. Release does not include the lawful transfer, loading, unloading, repackaging, refilling, distribution, use, or application of an agrichemical, agrichemical process wastewater, or related collected precipitation.

(85) “Residence,” any structure, dwelling, unit, or shelter which is intended or used for human habitation as a permanent, vacation, or recreational home or building. They may be detached or part of one (1) or more attached units.

(A) “Multiple-family,” residential housing units that share the same structure, dwelling, unit, shelter, or common wall with or without a common social area that includes the right to the exclusive use of a specific portion of real estate, whether for a specific term or in perpetuity; they may include but are not limited to duplexes, condominiums, townhouses, apartments, hotels, motels, hospitals, dormitories, boarding schools, group homes, barracks, etc.

(B) “Single-family,” an individual structure, dwelling, unit, or shelter constructed for the purpose of human habitation, with one (1) or more rooms occupied or intended for occupancy by one (1) family for cooking, sanitary, and sleeping purposes that includes the right to the exclusive use of a specific portion of real estate, whether for a specific term or in perpetuity; they do not include multiple-family residences.

(86) “Residential housing development,” as defined by section 644.016, RSMo, any land which is divided or proposed to be divided into three (3) or more lots, whether contiguous or not, for the purpose of sale or lease as part of a common promotional plan for residential housing.

(87) “Rinsate,” any water containing contaminant that has been washed off or rinsed from containers, application equipment, handling or storage areas, or transportation equipment, including but not limited to industrial chemicals, agrichemicals, or concrete.

(88) “Satellite collection system,” a collection system owned or operated by one person which conveys wastewater to a treatment works treating domestic sewage owned or operated by another entity.

(89) “Saturated soil,” a soil in which voids are filled with water.

Saturation does not require flow. For the purposes of land application, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water.

(90) “Secondary containment,” any structure effectively designed and constructed to contain one (1) or more primary storage containers to collect any leaks or spills in the event of loss of integrity or primary container failure.

(91) “Separate storm sewer,” conveyance or systems of conveyances primarily used for conducting and conveying storm water runoff and located in an area designated by the department as a separate storm sewer due to its size, its location, the quantity and nature of pollutants reaching the waters of the state, and other relevant factors.

(92) “Septage,” domestic wastewater sewage sludge that is removed from septic tanks or similar treatment works, including domestic wastewater treatment works serving up to one hundred fifty (150) persons.

(93) “Service area population,” the population to be served by a wastewater treatment facility.

(94) “Service connection,” the connection point of the service line and the sanitary sewer system which is operated and maintained by one (1) of the continuing authorities listed in 10 CSR 20-6.010(3)(B).

(95) “Seven- (7-) day Q10 stream flow,” the lowest average flow that occurs for seven (7) consecutive days that has a probable recurrence interval of once every ten (10) years.

(96) “Sewer extension,” sewer systems which are added to existing sewers and wastewater treatment facilities.

(97) “Sewer system,” as defined by section 644.016, RSMo, pipelines or conduits, pumping stations, and force mains, and all other structures, devices, appurtenances and facilities used for collecting or conducting wastes to an ultimate point for treatment or handling.

(98) “Single family residence wastewater treatment facility,” any method or system for the treatment of domestic wastewater from a single-family residence.

(99) “Site-specific permit,” as defined by section 644.016, RSMo, a permit written for discharges emitted from a single water contaminant source and containing specific conditions, monitoring requirements and effluent limits to control such discharges.

(100) “Sludge,” precipitated solid, semisolid, or liquid residue matter produced by the treatment of wastewater or sewage from any treatment facilities.

(101) “Small rural community,” a community of less than ten thousand (10,000) population and not located in whole or in part, in an area of St. Louis County or City encircled by Interstate Route 270, or in an area of Jackson, Clay, or Platte Counties encircled by State Route 150 and 291 and Interstate Routes 29 and 635.

(102) “Soil scientist,” as defined by section 701.040.1.(2)(e), RSMo.

(103) “Stormwater,” storm water runoff, snow melt runoff, and surface runoff and drainage as a result of precipitation events.

(104) “Stream,” a defined watercourse that carries water which flows either continuously or intermittently and which is not entirely confined or located completely upon land owned, leased, or otherwise controlled by one (1) person.

(105) “Test hole,” a hole which has been drilled, bored, augered, or otherwise excavated in the exploration for mineral commodities or for obtaining geologic data. Test holes that penetrate only the residuum or unconsolidated materials and which do not enter a geologic unit, are deemed to be an aquifer, exempt from this definition.

(106) “Treatment facilities,” as defined by section 644.016, RSMo, any method, process, or equipment which removes, reduces, or renders less obnoxious water contaminants released from any source. Treatment facilities may include storage, treatment devices, and land application fields.

(107) “Treatment works treating domestic sewage,” any wastewater treatment devices, systems, or facilities, regardless of ownership, used in the treatment, storage, recycling, reclamation, and land application of principally domestic wastewater, which may include up to forty-nine percent (49%) non-domestic wastewater flows.

(108) “Twenty-five- (25-) year, twenty-four- (24-) hour rainfall,” the wettest precipitation event for a twenty-four- (24-) hour period with a probable recurrence interval of once in twenty-five (25) years based on at least thirty (30) years of record from nationally recognized, credible data sources, with preference for more recent and localized data.

(109) “User charge,” a charge levied on users of a wastewater treatment facility for the user’s share of the costs of operation, maintenance, and replacement of the collection system and wastewater treatment facility.

(110) “Waste load allocation,” the amount of pollutants each discharger is allowed by the department to release into a given stream after the department has determined the total amount of pollutants that may be discharged into that stream without endangering its water quality.

(111) “Wastewater,” water or other liquids which carry or contain pollutants or water contaminants from any source.

(112) “Water contaminant,” as defined by section 644.016, RSMo, any particulate matter or solid matter or liquid or any gas or vapor or any combination thereof, or any temperature change which is in or enters any waters of the state either directly or indirectly by surface runoff, by sewer, by subsurface seepage or otherwise, which causes or would cause pollution upon entering waters of the state, or which violates or exceeds any of the standards, regulations or limitations set forth in sections 644.006 to 644.141, RSMo, or any federal water pollution control act, or is included in the definition of pollutant in such federal act.

(113) “Water contaminant source,” as defined by section 644.016, RSMo, the point or points of discharge from a single tract of property on which is located any installation, operation, or condition which includes any point source defined in sections 644.006 to 644.141, RSMo, and nonpoint source pursuant to any federal water pollution control act, which causes or permits a water contaminant therefrom to enter waters of the state either directly or indirectly.

(114) “Waters of the state,” as defined by section 644.016(31), RSMo.

(115) “Water quality limited segment,” a segment where water quality does not meet and/or is not expected to meet applicable water quality standards even after the application of effluent limitations.

(116) “Weekly average,” the total mass or concentration of all daily discharges sampled during any calendar week divided by the number of daily discharges sampled or measured during that week.

Amended: Filed Oct. 13, 1983, effective May 15, 1984. Amended:

Filed July 15, 1991, effective Jan. 13, 1992. Amended: Filed Sept. 2, 1993, effective May 9, 1994. Amended: Filed Nov. 14, 1995, effective July 30, 1996. Amended: Filed April 24, 2018, effective Jan. 30, 2019.

Amended: Filed July 14, 2025, effective Feb. 28, 2026. *Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012, 2014.

**History**
- *AUTHORITY: section 644.026, RSMo 2016. Original rule filed June 6, 1974, effective June 16, 1974. Rescinded: Filed Oct. 12, 1979, effective July 10, 1980. Readopted: Filed Feb. 4, 1980, effective July 11, 1980. Amended: Filed Nov. 10, 1982, effective May 12, 1983.*

### **Chapter 3** Enforcement

##### **10 CSR 20-3.010** Penalty Assessment Protocol {#sec-10-csr-20-3.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-3.010}

PURPOSE: This rule establishes the procedures for assessment of administrative penalties.

(1) General Provisions.

(A) Pursuant to sections 644.076 and 644.079, RSMo, and in addition to any other remedy provided by law, upon determination by the department that a provision of sections 644.006–644.141, RSMo, or a standard, limitation, order or rule promulgated, or a term or condition of any permit has been violated, the director may issue an order assessing an administrative penalty upon the violator. The amount of the administrative penalty will be determined according to sections (3) through (7) of this rule. In no event may the total penalty assessed per day of violation exceed the statutory maximum specified in section 644.076, RSMo.

(B) An administrative penalty shall not be imposed until the department has sought to resolve the violations through conference, conciliation and persuasion and shall not be imposed for minor violations. If the violation is resolved through conference, conciliation and persuasion, no administrative penalty shall be assessed unless the violation has caused, or had the potential to cause, a risk to human health or to the environment, or has caused or has potential to cause pollution, or was knowingly committed, or is not a minor violation.

(C) An order assessing an administrative penalty shall be served upon the operator, owner, or appropriate representative through United States Postal Service certified mail, return receipt requested, a private courier or messenger service which provides verification of delivery or by hand delivery to the operator’s or owner’s residence or place of business. An order assessing an administrative penalty shall be considered served if verified receipt is made by the operator, owner, or appropriate representative. A refusal to accept, or a rejection of certified mail, private courier or messenger service delivery or by hand delivery of an order assessing an administrative penalty constitutes service of the order.

(D) The director may at any time withdraw without prejudice any administrative penalty order.

(E) An order assessing an administrative penalty shall describe the nature of the violation(s), the amount of the administrative penalty being assessed and the basis of the penalty calculation.

(F) Administrative penalties may be assessed for each day that a specific violation exists, including all days between separate observations or reports which indicate that an operator or owner is not complying with a particular statutory or regulatory provision if the director finds that, based on all relevant facts and circumstances, including that offered by the violator, the violation continued unabated during that time.

(2) Definitions.

(A) Definitions for key words used in this

rule may be found in section 644.016, RSMo, in 10 CSR 20-2.010 and 10 CSR 20- 6.300.

(B) Additional definitions specific to this

rule are as follows:

1. Conference, conciliation and persuasion—A process of verbal or written communications, including but not limited to meetings, reports, correspondence or telephone conferences between authorized representatives of the department and the alleged violator. The process shall, at minimum, consist of one offer to meet with the alleged violator tendered by the department. During any such meeting, the department and the alleged violator shall negotiate in good faith to eliminate the alleged violation and shall attempt to agree upon a plan to achieve compliance;

2. Economic benefit—Any monetary gain which accrues to a violator as a result of noncompliance;

3. Extent of deviation—Deviation from the provisions of sections 644.006–644.141, RSMo or its corresponding regulations, rules, standards, limitations, orders or permits related to the degree to which the violation departs from or prevents the attainment of the intended purpose of the specific statutory or regulatory requirement;

4. Gravity-based assessment—The degree of seriousness of a violation, taking into consideration the risk to human health and the environment posed by the violation and considering the extent of deviation from sections 644.006–644.141, RSMo;

5. Major facility—Means any facility or activity requiring a Missouri State Operating Permit (MSOP) and classified as such by the director in concurrence with the United States Environmental Protection Agency (USEPA);

6. Multi-day violation—A violation which has occurred on or continued for two (2) or more consecutive or non-consecutive days;

7. Multiple violation penalty—The sum of individual administrative penalties assessed where two (2) or more violations are included in the same enforcement action;

8. Significant noncompliance—Violation of one (1) or more provisions of sections 644.006–644.141, RSMo, or corresponding standards, limitations, orders or rules, or a term or condition of any permit which meets one (1) or more of the following criteria:

A. Violation of permit effluent limits which the department must report to the USEPA, or would have to report if the facility was subject to noncompliance reporting requirements;

B. An unauthorized bypass;

C. An unpermitted discharge;

D. A pass through of pollutants which causes or has the potential to cause a violation of Water Quality Standards, 10 CSR 20- 7.031;

E. Failure of a municipal wastewater treatment facility to implement its approved pretreatment program, including failure to enforce industrial pretreatment requirements as required in the approved program;

F. Violations of any compliance schedule milestone by ninety (90) days or more from the date specified in an enforcement order or a permit;

G. Failure of the permittee to provide reports within thirty (30) days from the due date specified in an enforcement order or a permit;

H. Violations of narrative requirements in permit which is of substantial concern to the regulatory agency; and I. Any other violation or group of permit violations which the director considers to be of substantial concern.

(3) Determination of Penalties. The amount of an administrative penalty will involve the application of a gravity-based assessment under subsection (3)(A) and may involve additional factors for multiple violations under subsection (3)(B), multi-day violations under subsection (3)(C) and economic benefit resulting from noncompliance under sub-

section (3)(D). The resulting administrative penalty may be further adjusted as specified under subsection (3)(E).

(A) Gravity-Based Assessment. The gravity-based assessment is determined by evaluating the potential for harm posed by the violation and the extent to which the violation deviates from the requirements of the Missouri Clean Water Law.

1. Potential for harm. The potential for harm posed by a violation is based on the risk to human health, safety, or the environment or to the purposes of implementing the Missouri Clean Water Law and associated rules or permits.

A. The assessment of the potential for harm resulting from a violation will be based on the risk of adverse effects upon humans or the environment from exposure to water contaminants as a result of a violator’s noncompliance. The potential for harm will be expressed as a point total and evaluated by adding together the points assessed for criteria contained in the following categories.

Receiving Water Characteristics and Sensitivity Facility and Water Contaminant Characteristics Concentrated Animal Feeding Operation/ Animal Feeding Operation (according to size as designated by 10 CSR 20-6.300(1)).

AG-Chem Secondary Contaminant Industrial Facilities and Wastewaters Current average daily flow if known or can be readily estimated; if not, the design flow or approximation of it. (If the violation was due to a bypass, then the volume bypassed per day or an estimate of that volume.)

Process Wastewater Flows Sludge Handling Facilities (Domestic and Industrial)

Current average daily sludge production quantity if known or can be readily estimated; if not, the design sludge production or approximation of it. (If the violation was due to a bypass, then the amount bypassed per day or an estimate of that amount.)

Sludge Handling Facilities Storm Water Flows Land Disturbance Site Specific Industrial Storm Water General Industrial Storm Water Cooling Water Only Flows Domestic Wastewater Facilities Current average daily flow if known or can be estimated; if not, design flow. (If the violation was due to a bypass, then the volume bypassed or an estimate of that volume.) *The points assessed may be reduced if the permittee can demonstrate that the portion of sewer system that is bypassing serves primarily residential areas with little or no categorical industries.

Effects of Water Contaminant Discharges 2. Extent of deviation. The extent of deviation may range from slight to total disregard of the requirements of the Missouri Clean Water Law and associated rules and/or permits. The assessment will reflect this range and will be evaluated according to the degrees of severity. The extent of deviation will be expressed as a point total and evaluated by adding together the points assessed for criteria contained in the following categories:

4CODE OF STATE REGULATIONS

(2/29/00) Rebecca McDowell Cook Points Assessed Potential for Harm 25Drinking water lakes (Class L1), and cold water sport fishery streams designated in 10 CSR 20- 7.031, groundwaters and losing streams and/or waters listed as impaired on the current Missouri 303(d) list where the violation involved a contaminant responsible for the waters listing 25Critical aquatic habitats which support populations of plant or animal species designated by the federal government as threatened or endangered; if in a stream, includes the main stem and tributaries for a distance of one (1) mile upstream of the critical habitat area 15Outstanding national and state resource waters as designated in 10 CSR 20-7.031 10All other Class L2, L3, P, P1 and C waters and metropolitan no-discharge streams as designated in 10 CSR 20-7.031 0All other waters and unclassified streams 30Class IA - >20,000 A.U. 25Class IA - 7,000 to 20,000 A.U. 20Class IB 15Class IC 10Class II 5Other Product 10Liquid pesticides or fertilizers 5Dry pesticides or fertilizers Total On-site Tank/Tanks Capacity 10>40,000 gallons 5<40,000 gallons 0No on-site storage 30> 1 million gal/day 20500,000 to <1 million gal/day 15100,000 to <500,000 gal/day 1025,000 to <100,000 gal/day 5< 25,000 gal/day 30>50,000 dry lbs/day 205,000–50,000 dry lbs/day 151,000–5,000 dry lbs/day 10500–1,000 dry lbs/day 5 <500 dry lbs/day 30>100 acres 2050 to <100 acres 1520 to <50 acres 105 to <20 acres 5<5 acres 30>1 million gal/day 20500,000 to <1 million gal/day 15100,000 to <500,000 gal/day 1025,000 to <100,000 gal/day 5<25,000 gal/day 5All categories of general 10>5 million gallons/day 5<5 million gallons/day 30>50 million gal/day 251 million to 50 million gal/day 20500,000 to 1 million gal/day 15100,000 to 500,000 gal/day 1025,000 to 100,000 gal/day 5<25,000 gal/day 10*Pretreatment program is/should be in effect (in addition to previously listed items) 30Discharge has harmful effect on animal or aquatic life as evidenced by fish kills, creates an immediate or persistent threat to public health or results in impairment of any beneficial uses contained in the Water Quality Standards, 10 CSR 20-7.031(1)(C) 30Discharge causes violation of Cave Resources Act sections 578.200–578.225 20Discharge causes visible contamination of a surface water or a violation of any general or specific criteria described in 10 CSR 20-7.031 15Discharge reduces water quality below existing levels but does not prevent maintenance of beneficial uses described in the Water Quality Standards, 10 CSR 20-7.031(1)(C) 10Discharge causes a public nuisance (for example: taste, odor) 5Discharge does not comply with the effluent limitations, but produces no readily apparent impact on watercourse 5A water contaminant was placed, caused or permitted to be placed in a location where it is reasonably certain to cause pollution Organizational Capability and Sophistication Facility Compliance Status Facility Responsiveness Regulatory Compliance Characteristics 3. Gravity-based penalty assessment matrix. The matrix that follows will be used to determine the gravity-based assessment portion of the administrative penalty.

Potential for harm and extent of deviation form the axes of the matrix. The penalty range selected may be adopted to the circumstances of a particular violation.

4. Base penalty determination. The final penalty calculated shall not exceed the amounts established in section 644.076, RSMo.

A. The penalty assessment will be determined by selecting the appropriate cell from the gravity-based assessment matrix.

Potential for harm and extent of deviation form the two (2) axes of the matrix. The matrix is composed of nine (9) cells, each of which contains a monetary penalty range and a midpoint.

Extent of Deviation B. The matrix cell appropriate for a specific penalty assessment will be determined by identifying the appropriate category (for example, major, moderate, minor) for both the potential for harm and the extent of deviation. This results in the penalty being set at the midpoint of the range in the selected matrix cell.

(B) Multiple Violation Penalty. Penalties for multiple violations may be determined when a violation is independent of or substantially different from any other violation.

The director may order a separate administrative penalty for that violation as set forth in this rule.

(C) Multi-Day Penalty. Penalties for multi-day violations may be determined when the director concludes that a violation(s) has continued or occurred for multiple consecutive or nonconsecutive days. Multi-day penalty assessments will be determined by using the Gravity-Based Assessment Matrix in paragraph (3)(A)3. The director may seek penalties for each day of noncompliance, not to exceed the amount of civil penalty specified in section 644.076, RSMo.

(D) Economic Benefit. Any economic benefits, including delayed and avoided costs that have accrued to the violator as a result of noncompliance, will be added to the penalty amount. Determination will be made by the department using an economic benefit formula that provides a reasonable estimate of the economic benefit of noncompliance.

Economic benefit may be excluded from the administrative penalty if any one (1) of the following occur:

1. The economic benefit is an insignificant amount;

2. There are compelling public concerns that would not be served by taking a case through administrative appeal or circuit court litigation; or 3. It is unlikely that the department would be able to recover the economic benefit in litigation based on the particular case. 30Major discharger (municipal, industrial, federal) or Class IA Concentrated Animal Feeding Operation 25Non-major industrial facility with more than 50 corporate employees 20Non-major federal and state construction grant-state revolving fund funded facility 15Non-major, nonconstruction-grant or state revolving fund funded facility, Class IB and IC concentrated animal feeding operation, or Missouri Public Service Commission regulated facility 10All other facilities 25Facility in noncompliance more than 67% of time during a period of at least three (3) consecutive months 15Noncompliance with one (1) or more requirements followed by periodic returns to compliance 5Infrequent problem (long periods of compliance; noncompliance less than 20% of time; includes spills and short-term discharge events) 30Demonstrated recalcitrance by owner or operator, or failure to comply until a lawsuit was filed 20Lack of attention and concern until formal administrative enforcement action has been initiated or referral to the U. S. Attorney, U.S. Department of Justice, Office of the Attorney General or the county prosecutor for civil or criminal actions 10Violations continued after responsible party had been clearly informed on at least three (3) separate occasions of the noncompliance and the need to correct it 0Other 25Failure to meet schedule of compliance or attain final limits contained in an abatement order, court order, consent decree or settlement agreement. 20Discharge without an MSOP permit or operation without required permit for Class I CAFOs. 15Discharge fails whole effluent toxicity testing (WET) requirement specified in the operating permit. 15Significant noncompliance with effluent limits. 10Failure to meet schedule of compliance or special conditions in an MSOP permit. 10Violations of effluent limits that do not meet the definition of significant noncompliance. 10Failure to submit Discharge Monitoring Reports (DMRs) or other reports required by the operating permit or letter of approval. 10Failure to employ or retain a certified operator if required to do so. 10Discharge without a required Storm Water Permit. 10Failure to install and maintain erosion control measures. 5Failure to develop and implement a required Storm Water Pollution Prevention Plan. 5Construction without a construction permit or letter of approval for construction, or failure to construct in accordance to plans and specifications. 5Failure to comply with subdivision regulations. 5Failure to comply with MSOP standard conditions not previously specified, including failure to provide proper operation and maintenance and perform inplant testing. 5Failure to meet regulatory compliance date.

Potential for HarmExtent of Deviation Major–51 or more points101 or more points Moderate–26 to 50 points46 to 100 points Minor–0 to 25 points0 to 45 points Potentialfor Harm GravityMajorModerateMinor Major (Range) $8,501–$10,000 $9,250.50 $7,501–$8,500 $8,000.50 $6,501–$7,500 $7,000.50 Moderate (Range) $5,501–$6,500 $6,000.50 $4,501–$5,500 $5,000.50 $3,501–$4,500 $4,000.50 Minor (Range) $2,501–$3,500 $3,000.50 $1,501–$2,500 $2,000.50 $0–$1,500 $750 (E) Adjustments. The department may add to or subtract from the total amount of the penalty after consideration of the following adjustments:

1. Recalculation of penalty amount.

After the issuance of an order by the director, if new information about a violation becomes available which indicates that the original penalty calculation may have been incorrect, the department may recalculate the penalty;

2. Good faith efforts to comply. The department may adjust a penalty amount downward if good faith efforts have been adequately documented by the violator. Good faith efforts include, but are not limited to, documentation that the violator has reported noncompliance or instituted measures to remedy the violation prior to detection by the department. However, good faith efforts to achieve compliance after agency detection are assumed and are not grounds for decreasing the penalty amount;

3. Culpability. In cases of heightened culpability, the penalty may be increased, at the department’s discretion, within the ranges of the matrix. Likewise, in cases where there is a demonstrable absence of culpability, the department may decrease the penalty. Lack of knowledge of the Missouri Clean Water Law and any associated rule and/or permit shall not be a basis of decreased culpability. The following criteria will be used to determine culpability:

A. How much control the violator had over the events constituting the violation;

B. The foreseeability of the events constituting the violation;

C. Whether the violator took reasonable precautions against the events constituting the violation;

D. Whether the violator knew or should have known of the hazards associated with the conduct; and E. Whether the violator knew or should have known of the legal requirement which was violated. This criteria shall be used only to increase a penalty, not to decrease it.

4. History of noncompliance. Where there has been a history of noncompliance with the Missouri Clean Water Law or any associated rule or permit to a degree deemed significant due to frequency, similarity or seriousness of past violations, and considering the violator’s response to previous enforcement actions, the department may increase the administrative penalty. No downward adjustment is allowed because of this factor;

5. Ability to pay. When a violator has adequately documented that payment of all or a portion of the penalty will preclude the violator from achieving compliance or from carrying out important remedial measures, the department may take one (1) of the following actions:

A. Waive any portion or all of the administrative penalty; or B. Negotiate a delayed payment schedule, installment plan or replace upfront penalties with stipulated penalties; and 6. Other adjustment factors. This rule allows for other penalty adjustments based on fairness and equity not mentioned in this rule which may arise on a case-by-case basis.

(4) Proceeds from Administrative Penalties.

The proceeds from any administrative penalty assessed in accordance with this rule shall be paid to the county treasurer of the county in which the violation(s) occurred for the use and benefit of the county schools within that county.

(5) Natural Resource Damages. Nothing in this rule shall be construed as satisfying any claim by the state or federal government for natural resource damages.

rule filed June 8, 1973, effective June 18, 1973. Rescinded: Filed Oct. 12, 1979, effective July 10, 1980. Readopted: Filed Dec. 31, 1991, effective Aug. 6, 1992. Rescinded and readopted: Filed April 15, 1999, effective March 30, 2000. *Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995; and 644.079, RSMo 1991, amended-1993.

6CODE OF STATE REGULATIONS

(2/29/00) Rebecca McDowell Cook

**History**
- *AUTHORITY: sections 644.026, RSMo Supp. 1998 and 644.079, RSMo 1994. Original*

### **Chapter 4** Grants and Loans

##### **10 CSR 20-4.049** State Match to State Revolving Fund Loan Program NATURAL RESOURCES {#sec-10-csr-20-4.049 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-4.049}

##### **10 CSR 20-4.010** Construction Grant and Loan Priority System {#sec-10-csr-20-4.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-4.010}

(Rescinded February 28, 2019)

Original rule filed Dec. 4, 1975, effective Dec. 14, 1975. Rescinded: Filed Oct. 12, 1979, effective July 11, 1980. Readopted:

Filed March 11, 1983, effective Oct. 1, 1983.

Amended: Filed March 9, 1984, effective Oct. 1, 1984. Amended: Filed March 8, 1985, effective Oct. 1, 1985. Amended: Filed March 10, 1986, effective Oct. 1, 1986.

Amended: Filed March 10, 1987, effective Oct. 1, 1987. Amended: Filed March 11, 1988, effective Oct. 1, 1988. Amended: Filed Nov. 14, 2007, effective Aug. 30, 2008.

Rescinded: Filed June 13, 2018, effective Feb. 28, 2019.

**History**
- *AUTHORITY: section 644.026, RSMo 2000.*

##### **10 CSR 20-4.020** State Match Grant Program 1987 and 644.101, 644.106, 644.111 and 644.121, RSMo Supp. 1991. Original rule filed Oct. 12, 1982, effective April 15, 1983. {#sec-10-csr-20-4.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-4.020}

Oct. 1, 1988. Amended: Filed Dec. 1, 1988, effective April 15, 1989. Rescinded: Filed Dec. 29, 2017, effective Sept. 30, 2018.

##### **10 CSR 20-4.021** State Construction Grant Program 1987, and 644.101, 644.106, 644.111 and 644.121, RSMo Supp. 1991 and 644.116, RSMo 1986. Original rule filed Oct. 12, 1982, effective April 15, 1983. Amended: {#sec-10-csr-20-4.021 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-4.021}

Filed March 9, 1984, effective Oct. 1, 1984.

Oct. 1, 1988. Rescinded: Filed Dec. 29, 2017, effective Sept. 30, 2018.

##### **10 CSR 20-4.022** Industrial Development Program 1987, 644.101, 644.106, 644.111 and 644.121, RSMo Supp. 1991 and 644.116, RSMo 1986. Original rule filed Oct. 12, 1982, effective April 15, 1983. Amended: {#sec-10-csr-20-4.022 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-4.022}

Filed March 8, 1985, effective Oct. 1, 1985.

Oct. 1, 1988. Rescinded: Filed Dec. 29, 2017, effective Sept. 30, 2018.

##### **10 CSR 20-4.023** State Forty Percent Construction Grant Program ments and process of application for a state grant for construction of wastewater treatment works and the terms and conditions for receipt of this grant. {#sec-10-csr-20-4.023 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-4.023}

This rule also clarifies the requirements, the types of facilities eligible for grant funds and the grant amount available for eligible grantees.

(1) Applicability. This rule defines the minimum requirements which apply to all recipients of assistance under the State Forty Percent Grant Program. The recipient must satisfy more stringent requirements, if required to do so by state or local statutes, policies, rules, ordinances or orders.

(2) Grant Amount. With exception of preapproved grant anticipation financing costs, the grant amount is limited to forty percent (40%) of the eligible project costs or two (2) million dollars, whichever is less.

(3) Eligible Applicants.

(A) Eligible applicants must be a county, public sewer district, public water supply district, municipality or combination of the same.

(B) Eligible applicants are limited to those applicants which do not qualify for a loan for the total eligible project costs under 10 CSR 20-4.042.

(C) Eligible applicants must have submitted a preliminary project proposal to the Missouri Water and Wastewater Review Committee (MWWRC) and received an invitation from the MWWRC to apply for financial (4) Definitions. The definitions of terms for this rule are contained in 10 CSR 20-2.010 and 10 CSR 20-4.040(2)(A)–(S).

(5) General Grant Requirements.

(A) A construction permit and an operating permit must be obtained in accordance with 10 CSR 20-6.010–10 CSR 20-6.060.

(B) Acceptance of a grant constitutes agreement that cost overrun shall be borne by the applicant.

(C) Provisions must be made for adequate inspection during construction by the grantee.

(D) No grant will be awarded to an applicant who is in noncompliance with the monitoring or reporting requirements of a valid National Pollutant Discharge Elimination System (NPDES) permit or who is not properly operating or maintaining an existing system.

(E) Project cost eligibility is limited to those listed in section (6) of this rule.

(6) Classification of Costs. The information in this section represents policies and procecosts for assistance under programs supported by the Forty Percent Grant Program.

(A) General. It is the policy of the commission that all project costs will be eligible if they meet the following tests:

1. Reasonable and cost effective;

2. Necessary for the construction of an operable wastewater facility including required mitigation and are described in the approved facility plan; and 3. Resolve water pollution problems in existence prior to the date of grant applica- (B) Eligible Costs. Eligible costs include, 1. The reasonable costs of planning and design of a wastewater treatment system project.

2. The reasonable cost of services incurred during the building and initial operation phase of the project to ensure that it is built in conformance with the design drawings and specifications. Eligible construction phase and initial operation phase services are limited to— A. Office engineering;

B. Construction surveillance;

C. Stakeout surveying;

D. As-built drawings;

E. Special soils/materials testing;

F. Operation and maintenance manual;

G. Follow-up services and the cost of start-up training for operators of mechanical facilities constructed by the project to the extent that these costs are incurred prior to this department’s final inspection. Costs shall be limited to on-site operator training tailored to the facilities constructed or on- or off-site training may be provided by the equipment manufacturer if this training is properly procured;

H. User charge and sewer use ordinance; and I. Plan of operation;

3. The cost of subagreements for constructing the facilities listed if the associated problems are not caused by inadequate operation and maintenance practices:

A. New interceptors;

B. New pump stations;

C. New wastewater treatment facilities;

D. Rehabilitation or upgrading of treatment plants;

E. Rehabilitation or replacement of existing pump stations whichever is most cost effective;

F. Replacement of force mains and interceptors as needed to reduce infiltration/inflow;

G. Collection sewers; and H. The cost of sewer rehabilitation, other than normal maintenance costs for reduction of infiltration/inflow (I/I) or as needed to eliminate sanitary sewer overflows or bypassing of treatment plants;

4. Change orders and the costs of meritorious contractor claims for increased costs under subagreements as follows:

A. Within the allowable scope of the B. Costs of equitable adjustments due to differing site conditions; and C. Settlements, arbitration awards and court judgments which resolve contractor claims shall be allowable only to the extent that they are not due to the mismanagement of the recipient;

5. Costs necessary to mitigate only direct, adverse, physical impacts resulting from building of the treatment works;

6. The cost of groundwater monitoring facilities necessary to determine the possibility of groundwater deterioration, depletion or modification resulting from building the pro- 7. Equipment, materials and supplies.

A. The cost of a reasonable inventory of laboratory chemicals and supplies necessary to initiate plant operations and laboratory items necessary to conduct tests required for plant operation.

B. Cost of shop equipment installed at the treatment works necessary to the operation of the works.

C. The costs of necessary safety equipment, provided the equipment meets applicable federal, state, local or industry safety requirements.

D. The costs of mobile equipment necessary for the operation of the overall wastewater treatment facility, transmission of wastewater or sludge or for the maintenance of equipment. These items include:

(I) Portable standby generators;

(II) Large portable emergency pumps to provide pump-around capability in the event of pump station failure or pipeline breaks;

(III) Trailers and other vehicles having as their purpose the transportation and/or application of liquid or dewatered sludge or septage; and (IV) Replacement parts identified and approved in advance;

8. Costs of royalties for the use of or rights in a patented process or product with the prior approval of the department;

9. Land or easements when used as an integral part of the treatment process;

10. Purchase of private wastewater treatment systems, excluding collector and interceptor sewers, provided the project will upgrade the existing facilities;

11. Force account work for construction oversight; and 12. One hundred percent (100%) of the reasonable costs of a grant anticipation loan will be eligible. Departmental approval must be obtained prior to securing the grant anticipation loan. Grant anticipation loan costs will be approved when they are needed for cash flow purposes for the period between grant award and the first grant payment from the department. The approved costs of grant anticipation notes will be in addition to the approved grant amount.

(7) Project Selection Process. Priority will be based upon the priority system established in 10 CSR 20-4.010.

(A) The commission shall hold an annual competition for receipt of state grant assistance.

(B) Applicants must submit an application as described in section (8) of this rule on or before November 15 prior to the fiscal year for which state grant assistance is being sought. Unsuccessful applicants requesting funds during a given fiscal year shall be considered for funding the next fiscal year and need not reapply. This deadline may be extended by the commission if inadequate applications are received.

(C) All qualified applications will be rated and placed on the planning list in accordance with 10 CSR 20-4.010(1)(A).

(D) The commission will select the highest rated projects for state grant assistance from state grant funds anticipated to be available during the upcoming fiscal year.

(E) As funds become depleted, staff will present recommendations to the commission to fund or bypass an applicant’s project. Projects failing to progress towards fundable status are subject to funding “bypass.” A project with fewer priority points may be placed ahead of a project with a higher priority point ranking that is failing to make sufficient advancement towards funding eligibility. Recommendations to the commission to fund or bypass a project may be made at any commission meeting throughout the fiscal year.

Applicants whose projects are recommended for bypass or funding will be notified prior to the commission meeting when their projects appear on the agenda and will be allowed time to present their points of view regarding the proposed change in project status. Projects that have awarded construction contracts and do not require financial assistance under this regulation will be subject to bypass by the commission.

(8) Application Requirements. Applicants must submit the documents listed in the following subsections (8)(A)–(D) to be considered for inclusion on the priority list. Some documents may be waived by the department if justified— (A) An application form;

(B) A project summary which includes:

1. The need for the project;

2. The project components including maps or drawings showing the project location and layout; and 3. A cost estimate including a cost breakdown;

(C) Draft financial capability analysis prepared in accordance with paragraph (9)(B)4. of this rule; and (D) Proposed project schedule. The following represents the minimum requirements for the project schedule:

1. Construction start defined as date of issuance of notice to proceed;

2. Construction completion;

3. Initiation of operation; and 4. Project completion.

(9) Requirements Preceding Bidding Authorization. In addition to the requirements of section (8) of this rule, applicants must submit the documents listed in subsection (9)(A)–(J) and obtain departmental approval prior to award of grant funds.

(A) A facility plan prepared in accordance with section (14) of this rule must be submitted within four (4) months of the application being placed on the fundable list.

(B) Resolution Identifying the Authorized Representative. Applicants for assistance under the State Forty Percent Grant Program shall provide a resolution by the governing body designating a representative by name authorized to file the application for assistance.

(C) Plans and specifications.

(D) Financial Capability Analysis. The applicant, along with its application, shall submit written certification that the applicant has analyzed the costs and financial impacts of the proposed facilities and, that the applicant has the capability to finance and manage 4CODE OF STATE REGULATIONS the construction and operation of the facilities. The wastewater facilities’ financial information sheet shall be submitted with the certification.

(E) Draft engineering contract as described in section (11).

(F) Draft user charge ordinance as described in section (17).

(G) Draft sewer use ordinance as described in section (17).

(H) Updated Project Schedule, if Re quired. The following represents the minimum requirements for the project schedule:

1. Construction start defined as date of issuance of notice to proceed;

2. Construction completion;

3. Initiation of operation; and 4. Project completion.

(I) Certification of Easements and Real Property Acquisition. Recipients of assistance under the state grant program shall have obtained title or option to the property or easements or condemnation proceedings initiated for the project prior to award of a grant.

(J) Other information or documentation deemed necessary by the applicant or the department to ensure the proper expenditure of state funds.

(10) Accounting and Audits. Applicants are required to have an adequate financial management system and audit procedure for the project which provides efficient and effective accountability and control of all property, funds and assets related to the project. The applicant’s financial system is subject to state audits to assure fiscal integrity of public funds.

(11) Architectural or Engineering Contracts.

The following represents the minimum requirements for the architectural or engineering contracts:

(A) General requirements for subagreements are, that they— 1. Be necessary for and directly related to the accomplishment of the project work;

2. Be in the form of a bilaterally executed written agreement;

3. Be for monetary consideration;

4. Not be in the nature of a grant or gift;

5. State a time frame for performance;

6. State a cost which cannot be exceeded except by amendment; and 7. State provisions for payment; and (B) The nature, scope and extent of work to be performed during construction should include, but not be limited to, the following:

1. Preparing an operation and maintenance manual if required by the department and as defined in subsection (20)(B);

2. Assisting the recipient in bid letting;

3. Assisting the recipient subdivision in reviewing and analyzing construction bids and making recommendations for award; and 4. Inspection during construction to ensure conformance with the construction contract documents unless waived by the (12) Procurement of Engineering Services. It is the policy of the commission that contracts for architectural, engineering and land surveying services be negotiated on the basis of demonstrated competence, qualifications for the type of services required and at fair and reasonable prices. The procedures listed in subsections (12)(B) and (C) are contained in sections 8.285–8.291, RSMo.

(A) Use of the Same Architect or Engineer During Construction. If the recipient is satisfied with the qualifications and performance of the architect or engineer who provided any or all of the facilities planning or design services for the project and wishes to retain that firm or individual during construction of the project, it may do so without further evaluation of qualifications, provided the recipient selected the firm using at a minimum the procedures outlined in subsections (12)(B) and (C) of this rule.

(B) Whenever a project requiring architectural, engineering or land surveying services is proposed, the owner shall evaluate current statements of qualifications and performance data of prequalified firms on file together with those that may be submitted by other firms regarding the proposed project. In evaluating the qualifications of each firm, the owner shall use the following criteria:

1. The specialized experience and technical competence of the firm with respect to the type of services required;

2. The capacity and capability of the firm to perform the work in question, including specialized services, within the time limitations fixed for the completion of the pro- 3. The past record of performance of the firm with respect to such factors as control of costs, quality of work and ability to meet schedules; and 4. The firm’s proximity to and familiarity with the area in which the project is located.

(C) Negotiation of a Contract.

1. The recipient shall list three (3) highly qualified firms. The recipient then shall select the firm considered best qualified and capable of performing the desired work and attempt to negotiate a contract for the project with the firm selected.

2. For a basis for negotiations, the recipient shall prepare a written description of the scope of the proposed services.

3. If the recipient is unable to negotiate a satisfactory contract with the firm selected, negotiations with that firm shall be terminated. The owner then shall undertake negotiations with another of the qualified firms selected. If there is a failing of accord with the second firm, negotiations with the firm shall be terminated. The recipient then shall undertake negotiations with the third qualified firm.

4. If the recipient is unable to negotiate a contract with any of the selected firms, the recipient shall reevaluate the necessary architectural, engineering or land surveying services, including the scope of services and reasonable fee requirements, again compile a list of qualified firms and proceed in accordance with the provisions of subsections (12)(B) and (C).

(13) Public Participation. The public must be allowed an opportunity to exchange ideas with the applicant during project development. Public participation must be preceded by timely distribution of information and must occur sufficiently in advance of decision making to allow the recipient to assimilate public views into action. At a minimum, the recipient must provide an opportunity for public participation, prior to approval of the facility plan and draft user charge ordinance, at a public meeting at which the proposed alternative and the proposed user charge rates are discussed. The recipient shall prepare a transcript, recording or other complete record of the proceeding and submit it to the department and make it available at no more than cost to anyone who requests it. A copy of the record should be available for public review.

(14) Facility Planning. Facility plans or engineering reports must be in accordance with 10 CSR 20–8, Wastewater Treatment Design Standards and accepted engineering practice.

(A) Communities that do not propose to employ a full-time operator, forty (40) hours per week, must evaluate passive or easy to operate treatment alternatives before considering a mechanical activated sludge package plant. Passive or easy to operate alternatives may include, but are not limited to, enhanced natural systems, submerged fixed film systems, sand filters, and recirculating pea gravel filters.

(B) Wastewater treatment facilities shall provide for meeting the effluent limitations as determined by the department in an evaluation of the application of 10 CSR 20-7.015 and 10 CSR 20-7.031 to the proposed discharge.

(C) The facility plan for a community that experiences sanitary sewer overflows (SSO) must address eventual elimination of the overflows. The project under review does not have to achieve the goal of SSO elimination.

The facility plan may provide for elimination of the sanitary sewer overflows at some point in the future and be in compliance with any permit or enforcement schedules.

(D) An estimate of the average user charge including documentation of the basis of the estimate.

(E) An evaluation of the impact of the proposed project on the environment is required.

(15) Design. Design of the project will be in conformance with accepted engineering practices and the current Waste Treatment Design Guide, 10 CSR 20-8. A preliminary design submittal, including the design criteria and facilities layout sheet, may be required at approximately the twenty percent (20%) design stage.

(16) Intermunicipal Agreements. If the project serves two (2) or more public entities, the applicant shall submit executed agreements or contracts between the public entities for the financing, construction and operation of the proposed treatment facilities.

(17) User Charge and Sewer Use Ordinance.

Recipients are required to adopt and implement, for the useful life of the treatment works, approved user charge and sewer use ordinances.

(A) The user charge system must be designed to produce adequate revenues required for the operation and maintenance, including a reserve for replacement. Each user charge system must include an adequate financial management system that will accurately account for revenues generated by the system, debt service and expenditures for operation and maintenance based on an adequate budget identifying the basis for determining the annual operation and maintenance costs and the costs of personnel, material, energy and administration. The system shall provide for an annual review of charges. A system shall be adopted by all political subdivisions receiving service from the recipient.

(B) The sewer use ordinance shall prohibit any new connections from inflow sources into the treatment works and require that new sewers and connections to the treatment works are properly designed and constructed.

The ordinance shall also require that all wastewater introduced into the treatment works not contain toxic or other pollutants in amounts or concentrations that endanger public safety and physical integrity of the treatment works cause, violation of effluent or water quality limitations, preclude the selection of the most cost-effective alternative for wastewater treatment and sludge disposal or inhibit the performance of a pretreatment facility. The ordinance shall require the recipient to notify all potential users of service availability and that all users shall connect to the system within ninety (90) days of notice of service availability.

(C) At ninety percent (90%) construction completion, the final user charge and sewer use ordinances, as approved, shall be implemented.

(18) Specifications. The construction specifications must contain the features listed in subsections (18)(A)–(M).

(A) The project must be advertised for thirty (30) days between the time the notice is published and when bids are opened. The public notice should be published in an area newspaper of general circulation and/or contractors’ publications.

(B) In accordance with section 71.140, RSMo, preference shall be given to Missouri products.

(C) Pursuant to section 34.076, RSMo, a preference shall be given to those persons doing business as Missouri firms, corporations or individuals, or which maintain Missouri offices or places of business, when the quality of performance promised is equal or better and the price quoted is the same or less. In addition, in order for a nondomiciliary bidder to be successful, his/her bid must be that same percentage lower than a domiciliary Missouri bidder’s bid as would be required for a Missouri bidder to successfully bid in the nondomiciliary’s state. Any bidder domiciled outside the boundaries of Missouri shall submit an audited financial statement as would be required of a Missouri domiciled contractor or bidder on a bid being let in the domiciliary state of that contractor or bidder.

(D) The proposal form must contain a nondiscrimination statement.

(E) Each bidder must furnish a bid guarantee equivalent to five percent (5%) of the bid.

(F) The proposal must fully explain the

basis for determining the low bidder and include a statement that the contract will be awarded to the lowest responsive, responsible bidder.

(G) The specifications must state that when manufacturers’ names are used they are used to establish a standard and the words or equal, if not stated, are implied.

(H) The specifications must contain a provision for the maximum calendar or work days allowed for completion of the project.

(I) The specifications must allow for representatives of the Department of Natural Resources to have access to the work wherever it is in preparation or progress.

(J) The specifications shall require the contractor to furnish a performance and a payment bond each in an amount at least equal to one hundred percent (100%) of the contract price as security for the faithful performance of his/her contract and for the payment of all persons performing labor on the project and furnishing materials in connection with the project under this contract as set forth in the standard form of performance/payment bond included in the contract documents. The surety on this bond shall be a duly authorized surety company satisfactory to the owner.

(K) State wage determinations must be included in the specifications.

(L) The specifications must include a sales tax exemption clause consistent with the Missouri State Sales Tax Law, section 144.030(15), RSMo.

(M) The specifications must include the following statement: “The owner shall make payment to the contractor in accordance with

section 34.057, RSMo.”

(19) Bidding Requirements.

(A) Each contract shall be awarded after formal advertising.

(B) Departmental concurrence with contract award must be obtained prior to actual contract award. Recipients shall notify the department in writing of each proposed construction contract which has an aggregate value over twenty-five thousand dollars ($25,000). The recipient shall notify the department within ten (10) calendar days after the bid opening for each construction subagreement. The notice shall include:

1. Publisher’s affidavit of advertising;

2. Tabulation of bids;

3. Low bid and/or proposal the recipient wishes to accept;

4. Recipient’s recommendation of award;

5. Any addenda not submitted previously and bidder acknowledgment of all addenda;

6. Copy of the bid bond;

7. One (1) set of as-bid specifications;

8. Missouri domestic products certification if applicable; and 9. Revised financial capability worksheet and certification if bids exceed prebid estimates by more than fifteen percent (15%).

(20) Operation and Maintenance.

(A) Operation and Maintenance Manual.

The recipient must make provision satisfactory to the department for assuring effective operation and maintenance of the constructed 6CODE OF STATE REGULATIONS project throughout its design life. If required by the department, recipients of assistance for construction of mechanical facilities must develop an operation and maintenance manual. The operation and maintenance manual must be submitted by eighty percent (80%) construction completion before final payment can be made.

(B) Start-Up Training. At fifty percent (50%) construction, a start-up training proposal (if required) and proposed follow-up services contract must be submitted and approved by ninety percent (90%) construction completion.

(C) Wastewater Operator. The recipient must make provision satisfactory to the department for assuring that qualified wastewater works operating and maintenance personnel are hired in accordance with an approved schedule. Qualified personnel shall be those meeting the requirements established under 10 CSR 20-9.020.

(21) Progress Payments to Contractors.

(A) It is the commission’s policy that recipients should make prompt progress payments to prime contractors and prime contractors should make prompt progress payments to subcontractors and suppliers for eligible construction, supplies and equipment 1. For purposes of this section, progress payments are defined as follows:

A. Payments for work in place; and B. Payments for materials or equipment which have been delivered to the construction site or which are stockpiled in the vicinity of the construction site in accordance with the terms of the contract, when conditional or final acceptance is made by or for the recipient. The recipient shall assure that items for which progress payments have been made are adequately insured and are protected through appropriate security measures.

(B) Appropriate provisions regarding progress payments must be included in each contract and subcontract.

(C) Retention From Progress Payments.

The recipient may retain a portion of the amount otherwise due the contractor. The amount the recipient retains shall be in accordance with section 34.057, RSMo.

(22) Approval and Payment of Grants Made and Amended Between March 4, 2007 and August 30, 2007.

(A) The applicant shall be notified by the department when the grant is awarded.

(B) Full payment under the grant shall be made at the time of the department’s receipt of the executed grant award or grant amendment. The following provisions shall apply:

1. The grantee shall establish a separate 2. The full grant amount, less any payments processed prior to the date of this rule, will be paid to the grantee for deposit into the grantee’s established escrow account;

3. Grant funds in the escrow account may be used to pay up to forty percent (40%) of the costs of section (6) of this rule; and 4. The grantee shall submit the bank that funds were withdrawn, the grantee shall (C) Withdrawals at no time shall exceed forty percent (40%) of the eligible project cost incurred at the time the withdrawal is made. Final grant amount will be adjusted to reflect the actual project costs as determined by the invoices submitted by the grantee.

(D) The department will verify project completion after a final inspection by the (E) An audit to verify expenditure of grant funds may be made by the department after the completion of the approved project. Any funds found not expended for purposes listed in section (6) of this regulation will be recovered in addition to any applicable penalties.

(23) Approval and Payment of Grants Made after August 30, 2007.

(A) The applicant shall be notified by the department when the grant is awarded.

(B) The department may elect to make full payment under the grant at the time of the department’s receipt of the executed grant award or grant amendment. Grantees who receive full payment shall comply with the following provisions:

1. The grantee shall establish a separate 2. The full grant amount, less any payments processed prior to the date of this rule, will be paid to the grantee for deposit into the grantee’s established escrow account;

3. Grant funds in the escrow account may be used to pay up to forty percent (40%) of the costs of section (6) of this rule;

4. The bank account may earn interest; however, all withdrawals from the account must be documented with eligible invoices.

If the project costs are inadequate to withdraw all the funds in the account, the balance must be refunded;

5. The grantee shall submit the bank that funds were withdrawn, the grantee shall 6. Withdrawals at no time shall exceed forty percent (40%) of the eligible project cost incurred at the time the withdrawal is made. Final grant amount will be adjusted to reflect the actual project costs as determined by the invoices submitted by the grantee.

(C) If the department elects to make grant payments rather than fund the full grant, payments can be requested no more frequently than monthly. The department will provide a payment form for the grantee to use. The payment request must be supported by invoices that document the costs incurred.

(D) The department will verify project completion after a final inspection by the (E) Any funds remaining in the escrow account three (3) years after the date of the initial grant payment will be recovered by the department. On grants that are paid incrementally by the department, no payments will be made after three (3) years from the initial grant award acceptance.

(F) An audit to verify expenditure of grant funds may be made by the department after the completion of the approved project. Any funds found not expended for purposes listed in section (6) of this regulation will be recovered in addition to any applicable penalties.

(24) If at any time during the twenty (20)year design life of the facility(ies) funded under this rule is sold, either outright or on contract for deed, to other than a political subdivision of the state, the state shall receive reimbursement of the grant funds. The total amount of grant funds to be reimbursed shall be based on a twenty (20)-year straight-line depreciation. Grant funds to be reimbursed shall become due and payable upon transfer of ownership of the facility(ies). 2000.* Original rule filed April 2, 1990, effective Nov. 30, 1990. Amended: Filed Sept. 4, 1991, effective Feb. 6, 1992. Amended:

Filed April 14, 1994, effective Nov. 30, 1994.

Amended: Filed March 1, 1996, effective Nov. 30, 1996. Amended: Filed June 24, 1999, effective March 30, 2000. Emergency amendment filed Feb. 1, 2007, effective March 4, 2007, expired Aug. 30, 2007.

Amended: Filed March 14, 2007, effective Oct. 30, 2007. 1973, 1987, 1993, 1995, 2000.

##### **10 CSR 20-4.030** Grants for Sewer Districts and Certain Small Municipal Sewer Systems {#sec-10-csr-20-4.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-4.030}

PURPOSE: This rule defines the department’s grant eligibility and a means of administering the state funds appropriated for rural community and sewer district sanitary sewer collection systems by defining rural communities and sewer districts pursuant to sections 640.600, 640.605, 640.615, and 640.620, RSMo.

(1) Grant Application Requirements.

(A) The applicant must first apply with the agency or other financial source which is to furnish the primary financial assistance, and after the amount of that assistance has been determined, an application for a grant under this rule may be made to and processed by the department. An application for a grant shall be submitted on forms provided by the department and supported by the necessary documents and forms from other state and federal grant or lending agencies or private lending agencies to enable the department to establish eligibility for grant funds.

(B) The project for which the grant application is submitted shall comply with appropriate state and local laws, rules, and ordinances.

(C) The grant application packet shall contain the information identified below:

1. The preliminary engineering cost study for the proposed project including, but not limited to, the following items: development and administration costs; land, structures, right-of-way costs; legal costs; engineering costs; interest costs; equipment costs, contingencies; other costs; total project costs; and other information as required in rule 10 CSR 20-8.110;

2. Information required to determine the cost per contracted connection of the proposed project;

3. The median household income of the residents in the district or community; as determined by the most recent decennial census or by an income survey overseen by a state or federal agency;

4. Information required to determine the ratio of contracted users to potential users;

5. The number of acres being protected for any source water protection project; and 6. Demonstration of recipient’s legal, institutional, managerial, and financial capability to ensure adequate operation and maintenance of the wastewater treatment works throughout recipient’s jurisdiction.

(2) Eligibility Requirements.

(A) Grants shall be limited to municipal sewer systems, certain public water supply districts or public sewer districts of less than ten thousand (10,000) population.

(B) Grants awarded under this regulation can be used to provide collection sewers to unsewered areas.

(C) Grants awarded under this regulation can be used to fund costs incurred to meet more stringent operating permit requirements when those increased permit requirements are attributable to changes in, or the implementation of, the state water quality policies or state water quality standards.

(D) Grants will be the lesser of the per connection amount specified in section 640.620, RSMo, fifty percent (50%) of the eligible costs of the improvements, or five hundred thousand dollars ($500,000).

(E) Grants shall be used for the following costs:

1. Construction costs for the installation of new sewer collection lines, lift stations, and associated facilities required to serve an unsewered area. House laterals are not eligible;

2. Construction costs for the installation, rehabilitation, or upgrade of a wastewater treatment facility as specified in subsection (2)(C);

3. Engineering services and other services incurred in preparing the design drawings and specifications for the project. Such services must have been procured in accordance with state law to be eligible costs.

(F) The ratio of contracted users to potential users must be at least seventy-five percent (75%).

(3) Grant Priorities.

(A) Priorities for grants awarded under this

rule shall be established by the department.

Preference will be given to those applicants whose projects are partially funded through other departmental grants or loans and/or to applicants whose projected financial need is based on potential compliance with additional pollution control measures. Additional priority will be given based on readiness to proceed with construction and documented financial need.

(B) The establishment of priorities and determination of relative need will be coordinated with other state and federal grant and lending agencies.

(4) Approval and Payment of Grant Funds.

(A) The grant award shall be made upon receipt and approval of bid documents, executed contract documents, and demonstration by the applicant that funding for the total project costs has been secured. The department may elect to pay out the full grant amount at the time of grant award or to make payments to the grantee based on the cash flow circumstances of the state funds.

(B) If the department elects to make full payment of the grant amount, payment shall be made at the time of the department’s receipt of the executed grant award. The following provisions apply:

1. The grantee shall establish a separate 2. The full grant award amount will be paid to the grantee for deposit into the grantee’s established escrow account;

3. Grant funds in the escrow account may be used to pay up to fifty percent (50%) of the costs of construction, equipment, and construction phase engineering as the costs are incurred. No funds will be withdrawn for construction costs of house laterals or for costs that have been declared ineligible by the department;

4. The grantee will submit the bank that funds were withdrawn, the grantee must 5. The bank account may earn interest, however, all withdrawals from the account must be documented with eligible invoices. If the project costs are inadequate to withdraw all the funds in the account, the balance must be refunded to the department.

(C) The department will provide a payment request form for the grantee to use. The payment request must be supported by invoices that document the costs incurred.

(D) The grant amount will be reduced, if necessary, to reflect actual project costs as determined by the invoices submitted by the grantee.

(E) The department will verify project completion after the final inspection by the (F) Any funds remaining in the escrow account two (2) years after the date of the initial grant payment will be recovered by the department. On grants that are paid incrementally by the department, no payments will be made after two (2) years from the initial grant award acceptance, unless an extension is granted by the department.

(G) An audit to verify expenditure of grant funds may be made by the department. Any funds found not expended for the purposes listed in subsection (2)(E) of this regulation will be recovered.

(5) If at any time after initiation of operations of the project, the wastewater treatment 8CODE OF STATE REGULATIONS works funded under this rule, or any part thereof, is sold, either outright or on contract for deed, to other than a political subdivision of the state, the state shall receive reimbursement of the grant funds. The total amount of grant funds to be reimbursed shall be based on a straight-line depreciation based on the original costs of the facilities being sold, the original loan repayment period or a twenty- (20-) year straight line depreciation schedule in the event of grant only funds, and adjusted for the percentage of grant funds originally disbursed to fund such facilities. Grant funds to be reimbursed shall become due and payable upon transfer of ownership of the facility(ies).

Amended: Filed Aug. 30, 1989, effective Nov. 27, 1989. Amended: Filed Sept. 4, 1991, effective Feb. 6, 1992. Amended: Filed April 14, 1994, effective Nov. 30, 1994. Amended:

Filed March 1, 1996, effective Nov. 30, 1996.

Amended: Filed June 24, 1999, effective March 30, 2000. Emergency amendment filed Feb. 1, 2007, effective March 4, 2007, expired Aug. 30, 2007. Amended: Filed March 14, 2007, effective Oct. 30, 2007.

Amended: Filed June 13, 2018, effective Feb. 28, 2019. *Original authority: 640.600, RSMo 1989 and 640.615, RSMo 1989, amended 1999.

**History**
- *AUTHORITY: sections 640.600 and 640.615, RSMo 2016 Original rule filed Feb. 2, 1983, effective July 1, 1983. Amended: Filed Nov. 27, 1985, effective Feb. 25, 1986.*

##### **10 CSR 20-4.040** Clean Water State Revolving Fund General Assistance Regulation {#sec-10-csr-20-4.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-4.040}

PURPOSE: This rule sets forth requirements for the implementation of Title VI of the Federal Water Pollution Control Act, as amended, which authorizes the administrator of the Environmental Protection Agency to make capitalization grants to states for financing the Clean Water State Revolving Fund Program.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1)

Applicability. This rule defines the minimum requirements which apply to all recipients of assistance under the Clean Water State Revolving Fund Program.

Recipients of assistance are subject to the requirements of this regulation, unless otherwise specified. The recipient must satisfy more stringent requirements, if required to do so by applicable federal laws, regulations, or guidance and state or local statutes, policies, rules, ordinances, orders, or loan documentation. The Code of Federal Regulationsreferenced in the regulation are incorporated as published July 1, 2017.

The regulations are incorporated by reference without any later amendments or modifications. To obtain a copy, contact the U.S. Government Printing Office at 732 North Capitol Street, NW, Washington D.C., 20401, toll free at (866) 512-1800 or by visiting https://bookstore.gpo.gov.To obtain the decennial median household income visit the U.S. Census Bureau American Fact Finder webpage https://factfinder.census.gov/faces/nav/jsf/pa ges/community_facts.xhtml, contact the U.S.

Census Bureau, 4600 Silver Hill Road, Suitland, MD 20746, or toll free at (800) 923- 8282.

(2) Definitions. The definitions of terms for 10 CSR 20-4.040–10 CSR 20-4.050 are contained in 10 CSR 20-2.010 and subsections (2)(A)–(N) of this rule.

(A) Assistance—The types of financial assistance allowed pursuant to 33 U.S.C. 1383(d)(1)–(5).

(B) Clean Water State Revolving Fund (CWSRF)—The financial assistance program authorized by Title VI of the Federal Water Pollution Control Act.

(C) Debt service—The costs associated with amortizing loans. These costs include interest charges, penalty charges, and repayment of principal.

(D) EIERA—State Environmental Improvement and Energy Resources Authority.

(E) Infiltration/inflow (I/I)—Groundwater or storm water which enters a sanitary sewer system.

(F) Initiation of operation—The date when the first major constructed component is capable of being used for its intended purpose.

(G) Intended Use Plan—A planning document, prepared by the Department of Natural Resources, that identifies the intended uses of available funds.

(H) Loan—Unless stated otherwise, loan generally refers to the agreement to lend money to an eligible recipient. The type of agreement could be a loan agreement, bond purchase agreement, or other debt instrument.

(I) Readiness to proceed—The submittal, by the applicant, of a complete engineering report/facility plan and documentation that the applicant has an acceptable debt instrument including any necessary funding commitments from other state and/or federal agencies. A detailed plan may be substituted for a facility plan for requests of planning financial assistance.

(J) Recipient—The recipient of financial assistance from programs supported or secured by the Water and Wastewater Loan Fund (WWLF), the Water and Wastewater Loan Revolving Fund (WWLRF), CWSRF bonds issued by EIERA, or state bond funds.

(K) Staff—Staff of the Missouri Department of Natural Resources.

(L) Treatment works—Refer to the definition in Section 212 of the Federal Water Pollution Control Act.

(M) WWLF—Water and Wastewater Loan Fund. State fund established by the state treasurer pursuant to section 644.122, RSMo.

(N) WWLRF—Water and Wastewater Loan Revolving Fund. State fund under the WWLF into which repayments are held by the state treasurer and from which new loans may be made.

(3) Project Selection Process. This section delineates the process by which the commission selects projects for receipt of CWSRF (A) The commission shall hold an annual competition for receipt of CWSRF assistance.

This competition will be structured as follows:

1. Applications postmarked or received by the Water Protection Program by the calendar date established in the annual application package will be considered for competitive placement on the annual Intended Use Plan. The deadline will be no sooner than sixty (60) days after the application package is made available. Applications are valid for two (2) annual Intended Use Plan cycles.

Applications received after the deadline may be placed on a priority list as determined by the commission based on availability of funds;

2. Applicants that have an outstanding loan balance with the department must be in compliance with the terms and conditions of their assistance agreements to be eligible for additional funding;

3. All qualified applications will be rated and placed on the appropriate list in accordance with 10 CSR 20-4.040(29)(B);

4. The commission will select the projects with the highest priority points, meeting readiness to proceed criteria, for CWSRF assistance from CWSRF funds anticipated to be available during the upcoming fiscal year;

5. The commission may hold a separate competition for projects seeking funding whenever allowed by federal law and in the event supplemental funds are provided.

(B) The commission may direct projects toward specific financial assistance programs contained in 10 CSR 20-4. The commission’s decisions shall be based upon the amount of financial assistance funds available, the amount of financial assistance funds requested, the size of the project, the credit worthiness of the applicant, and the applicant’s

(4) Target Interest Rate (TIR). The TIR policy shall be established by the Missouri Clean Water Commission in consultation with the department and the EIERA based upon current economic factors, projected fund utilization, deposits in the WWLRF, and actual or anticipated federal capitalization grants, and be published in the annual Intended Use Plan. The department reserves the right to refinance, assign, pledge, or leverage any loans originated under this rule.

(A) A disadvantaged community may receive a reduction in the TIR as determined by the commission. A disadvantaged community is defined, for the purpose of reducing the TIR, as an applicant that— 1. Has a population of three thousand three hundred (3,300) or less based on the most recent decennial census;

2. Has a median household income at or below seventy-five percent (75%) of the state average median household income as determined by the most recent decennial census or by an income survey overseen by a state or federal agency; and 3. Has an average wastewater user charge for five thousand (5,000) gallons that is at least two percent (2%) of the median household income of the applicant, determined by the decennial census or income survey listed in (4)(A)2.

(B) Additional Subsidization. Additional subsidization (such as principal forgiveness, negative interest loans, grants, or the like) may be provided as the Federal Water Pollution Control Act as amended, or any subsequent federal act, requires or allows.

(C) In accordance with section 603(d)(1)(A) of the Federal Water Pollution Control Act, the term of the assistance agreement shall be established per the provisions in 10 CSR 20-4.041(8)(A).

(5) Loan Fees. The department may charge annual loan administrative fees not to exceed one-half percent (0.5%) of the outstanding loan balance of each loan for loan origination, loan servicing and administration of the program. Other loan expenses including, but not limited to, cost of issuance, debt service reserve and expenses charged by the paying agent will be paid by the recipient.

(6) Additional Administrative Fees Allowed.

Additional administrative fees may be assessed by the department at the time the administration fee is calculated for failure by a recipient to pay debt service on the loan or submit approved documents to the department (for example, operation and maintenance manuals, enacted user charge and sewer use ordinances, executed contract documents) in accordance with the time frames provided under the program agreement entered into by the recipient. The additional fee will be an additional one-tenth percent (0.1%) per month that the recipient remains delinquent. The additional fee for delinquent documents will be collected only during the year in which the document is not submitted.

(7) General CWSRF Assistance Requirements. The commission will prioritize potential CWSRF projects by assigning priority points in accordance with the CWSRF Priority Point Criteria established per subsection (29)(A) of this rule.

(A) Municipalities, counties, public sewer or water districts, or both, political subdivisions or instrumentalities of the state, and combinations of the same, or any entity eligible pursuant to the Federal Water Pollution Control Act as amended, are eligible for CWSRF assistance. The recipient must demonstrate its legal, institutional, managerial, and financial capability to ensure adequate operation and maintenance of the wastewater treatment works throughout the recipient’s jurisdiction.

(B) Financial Disclosure. Applicants shall provide upon request to the department and the EIERA any detailed financial information as may be required by the commission, the department, the EIERA, or its financial or legal consultants to determine the applicant’s eligibility for the financial assistance.

(C) For equivalency projects, the recipient and its contractors must comply with all requirements associated with funds provided under 40 CFR 35.3145.

(D) If the department determines that an applicant is in significant noncompliance with a valid National Pollutant Discharge Elimination System (NPDES) permit or Missouri State Operating Permit, the Federal Water Pollution Control Act as amended, the Missouri Clean Water Law as amended, or implementing regulations, then the department may refuse to provide financial assistance to such applicant, or require the applicant to reach a binding agreement regarding corrective actions the applicant will take to address such noncompliance.

(E) All recipients are encouraged to retain the services of a financial advisor who is registered with the U.S. Securities Exchange Commission.

(F) American Iron and Steel. Recipients will need to keep supporting documentation to show that iron and steel products used comply with the requirements of 33 U.S.C. 1388 and subsection (17)(N) of this rule unless a waiver has been received.

(8) Application Requirements. Applicants must submit a completed application form including the information listed in subsections (8)(A)–(C) to be included on the Intended Use Plan. Potential applicants are strongly encouraged to meet with department staff prior to submitting an application.

(A) A project summary which includes:

1. The need for the project;

2. The project components, including maps or drawings showing the project location and layout; and 3. A cost estimate including a cost breakdown.

(B) The most recent financial statement;

(C) Proposed project schedule.

(9) Facility Planning. All facility plans must be in accordance with 10 CSR 20-8.110.

(A) Requirements for all projects are as follows:

1. The most reasonable environmentally sound and implementable waste management alternatives must be studied and evaluated.

Proposed waste treatment management plans and practices shall provide for the most cost effective technology that can treat wastewater and I/I to meet the current 10 CSR 20-7.015 Effluent Regulations, and 10 CSR 20-7.031 Water Quality Standards;

2. An estimate of the average user charge including documentation for the basis of the estimate; and 3. An assessment of the environmental conditions and impact of the proposed project on the environment is required. The environmental review process and associated public notice requirements are contained in 10 CSR 20-4.050. Additional public participation requirements are outlined in subsections (14)(A) and (B).

(B) Recipients meeting the definition of 10CODE OF STATE REGULATIONS municipality or intermunicipal, interstate or state agency shall provide a certification with the facility plan that it complies with cost and effectiveness requirements found in Section 602(b)(13) of the Federal Water Pollution Control Act.

(10) Additional Preclosing Requirements.

(A) Submittal Deadline. All documents necessary to provide assistance must be submitted to the department in sufficient time, as agreed upon in the project schedule, to allow adequate time for review and approval prior to the loan closing date established by the (B) Final Document Submittal. Documents listed in paragraphs (10)(B)1.–9. must be submitted and accepted by the department:

1. Resolution identifying the authorized representative by name. Applicants shall provide a resolution by the governing body designating a representative authorized to file the application for assistance, reimbursement requests, and act in behalf of the applicant in all matters related to the project;

2. Plans and specifications certified by a registered professional engineer licensed in Missouri;

3. If engineering services are to be reimbursed, an engineering contract as described in section (12) and the appropriate procurement documentation as described in section (13);

4. If applicable, the design-build contract per section (26) and the appropriate procurement documentation;

5. Adopted user charge ordinance as described in section (16);

6. Enacted sewer use ordinance as described in section (16);

7. Proposed project schedule. The following represents the minimum requirements for the project schedule:

A. Construction start defined as date of issuance of notice to proceed;

B. Construction completion;

C. Initiation of operation; and D. Project completion;

8. Certification of easements and real property acquisition. Recipients of assistance under the CWSRF shall have obtained title or option to the property or easements or condemnation proceedings initiated for the project prior to award of financial assistance; and 9. Other information or documentation deemed necessary by the department to ensure the proper expenditure of state funds.

(11) Accounting and Audits. Recipients are required to have a dedicated source for repayment of any loans and an adequate financial management system and audit procedure for the project which provides efficient and effective accountability and control of all property, funds, and assets related to the project. The recipient’s financial system is subject to state or federal audits to assure fiscal integrity of public funds.

(A) Each recipient is expected to have an adequate accounting system for the project which provides efficient and effective accountability and control of all property, funds, and assets.

1. The recipient is responsible for maintaining a financial management system which will adequately provide for an accurate, current, and complete disclosure of the financial results of each loan project. The proprietary fund (business-related fund) accounting will be in accordance with generally accepted government accounting principles and practices, regardless of the source of funds.

2. An acceptable accounting system includes books and records showing all financial transactions related to the construction project. The system must document all receipt and disbursement transactions, and group them by type of account (for example, asset, revenue, expense, etc.) and by individual expense account (for example, personnel salaries and wages, subcontract costs, etc.).

3. The recipient shall maintain books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly the amount, receipt, and disposition by the recipient for all assistance received for the project and the total costs of the project of whatever nature incurred for the performance of the project for which the assistance was awarded.

(B) Annual Audited Financial Statements.

1. The recipient shall cause an audit of the recipient’s annual financial report for the preceding fiscal year to be made by a certified public accountant or firm of certified public accountants employed for that purpose.

A. The annual audit will cover in reasonable detail the operation of the proprietary system during the fiscal year.

B. Within one hundred eighty (180) days after the end of the recipient’s fiscal year, a copy of the annual financial report will be submitted to the department as long as the recipient is in loan repayment status. A recipient who cannot meet this deadline will notify the department in writing of the delay with the expected date of completion.

2. As required by federal law, a recipient must comply with the provisions of OMB’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as amended, governing the audit of state and local governments. When applicable, a copy of this audit, including all written comments and recommendations of the accountant, will be furnished to the department within the time period as provided in OMB’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

(12) Architectural or Engineering Contracts.

The following represents the minimum requirements for the architectural or engineering contracts:

(A) General Requirements for Contracts.

1. Be necessary for and directly related to the accomplishment of the project work.

2. Be a lump sum or cost plus fixed fee contract in the form of a bilaterally executed written agreement.

3. Be for monetary consideration.

4. Not be in the nature of a grant or gift.

5. State a time frame for performance.

6. State a cost which cannot be exceeded except by amendment.

7. State provisions for payment; and (B) The nature, scope, and extent of work to be performed during construction should include, but not be limited to, the following:

1. Preparing an operation and maintenance manual if required by the department and as defined in subsection (22)(A);

2. Assisting the recipient in bid letting;

3. Assisting the recipient in reviewing and analyzing construction bids and making recommendations for award; and 4. Inspecting during construction to ensure conformance with the construction contract documents unless waived by the (C) Executed Engineering Contract Submittal. The final approved executed engineering contract must be submitted prior to the first reimbursement request.

(13) Procurement of Engineering Services.

The procurement of engineering services shall be in accordance with sections 8.285 through 8.291, RSMo, unless such engineering services are performed as part of a design-build contract pursuant to section (26).

(14) Public Participation. Public participation must be preceded by timely distribution of information and occur sufficiently in advance of decision making to allow the recipient to assimilate public views into action. Public participation shall include the following:

(A) Prior to approval of the draft user charge ordinance, a public hearing, in accordance with section 250.233, RSMo, shall be conducted to specifically address the proposed user charge rates.

(B) Public notice of the hearing shall be published at least thirty (30) days prior to the meeting date. Public hearing notices shall include the date, time and place of the hearing. The notice may be for multiple hearings and should include a separate starting time for each hearing. The recipient shall prepare a transcript, recording, or other complete record of the proceeding and submit it to the department and make it available at no more than cost to anyone who requests it. A copy of the record should be available for public review; and (C) Public participation requirements for environmental review are contained in 10 CSR 20-4.050(4)(B)2.

(15) Intermunicipal Agreements. Prior to closing, if the project serves two (2) or more public entities, the applicant shall submit executed agreements or contracts between the public entities for the financing, construction and operation of the proposed treatment facilities. At a minimum, the agreement or contract will include:

(A) The operation and maintenance responsibilities of each party upon which the costs are allocated;

(B) The formula by which the costs are allocated;

(C) The manner in which the costs are allocated;

(D) The term of the agreement, which shall be, at a minimum, for the term of the loan;

(E) The method for resolution or arbitration of disputes;

(F) The procedure for amending or renegotiating the agreement;

(G) The enforcement authority; and (H) The effective date of the agreement.

(16) User Charge and Sewer Use Ordinance.

Recipients are required to maintain, for the useful life of the treatment works, user charge and sewer use ordinances approved by the department. User charge and sewer use ordinances, at a minimum, shall be adopted prior to financing and implemented by the initiation of operation of the financed wastewater treatment works.

(A) The user charge system must be designed to produce adequate revenues required for the operation and maintenance, including a reserve for equipment replacement. A one hundred ten percent (110%) debt service reserve may be required. The sewer user rate for operation and maintenance, including replacement, shall be proportional and based upon actual use. Each user charge system must include an adequate financial management system that will accurately account for revenues generated by the system, debt service, and loan fee costs and expenditures for operation and maintenance, including replacement based on an adequate budget identifying the basis for determining the annual operation and maintenance costs and the costs of personnel, material, energy, and administration. The user charge system shall provide that the costs of operation and maintenance for all flow not directly attributable to users be distributed equally among the users. The system shall provide for an annual review of charges. A user charge system shall be adopted by all municipalities (as defined in 40 CFR 35.2005(b)(27)) receiving waste treatment services if required by federal law.

(B) Low Income Residential User Rates.

1. Recipients may establish lower user charge rates for low income residential users after providing for public notice and hearing, in accordance with section 250.233, RSMo.

The criteria used to determine a low income residential user must be clearly defined.

2. The costs of any user charge reductions afforded a low income residential class must be proportionately absorbed by all other user classes. The total revenue for operation and maintenance (including equipment replacement) of the facilities, and debt retirement must not be reduced as a result of establishing a low income residential user class.

(C) The sewer use ordinance shall prohibit any new connections from inflow sources into the treatment works and require that new sewers and connections to the treatment works are properly designed and constructed.

The ordinance also shall require that all wastewater introduced into the treatment works not contain toxic or other pollutants in amounts or concentrations that endanger public safety and physical integrity of the treatment works; cause violation of effluent or water quality limitations; preclude the selection of the most cost-effective alternative for wastewater treatment and sludge disposal; or inhibit the performance of a pretreatment facility. The ordinance shall require all users to connect to the system within ninety (90) days of service availability.

(17) Specifications. The construction specifications must contain the features listed in the following:

(A) Recipients must incorporate in their specifications a clear and accurate description of the technical requirements for the material, product, or service to be procured.

The description, in competitive procurements, shall not contain features which unduly restrict competition unless the features are necessary to test or demonstrate a specific thing or to provide for interchangeability of parts and equipment. The description shall include a statement of the qualitative nature of the material, product, or service to be procured and, when necessary, shall set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use;

(B) The recipient shall avoid the use of detailed product specifications if at all possible;

(C) When in the judgment of the recipient it is impractical or uneconomical to make a clear and accurate description of the technical requirements, recipients may use a “brand name or equivalent” description as a means to define the performance or other salient requirements of an item to be procured. The recipient need not establish the existence of any source other than the named brand.

Recipients must state clearly in the specification the salient requirements of the named brand to be met by offerers and that other brands may be accepted;

(D) Sole Source Restriction. A specification shall not require the use of structures, materials, equipment, or processes which are known to be available only from a sole source, unless the department determines that the recipient’s engineer has adequately justified in writing to the department that the proposed use meets the particular project’s minimum needs;

(E) Experience Clause Restriction. The general use of experience clauses is restricted to special cases.

1. The general use of experience clauses requiring equipment manufacturers to have a record of satisfactory operation for a specified period of time or of bonds or deposits to guarantee replacement in the event of failure is restricted to special cases where the recipient’s engineer adequately justifies any such requirement in writing. Where this justification has been made, submission of a bond or deposit shall be permitted instead of a specified experience period. The period of time for which the bond or deposit is required shall not exceed the experience period specified.

2. The general use of experience clauses requiring contractors to have a record of satisfactory experience for a specified period of time or the completion of a specified number of similar projects is restricted to special cases where the recipient’s engineer adequately justifies any such requirement in writing. Such justification shall not unduly restrict competition or result in excessive bonding requirements. Where this justification has been made, submission of a bond or deposit shall be permitted instead of the specified experience. The period of time for which the bond or deposit is required shall not exceed the experience period specified;

(F) Domestic Products Procurement Law.

12CODE OF STATE REGULATIONS

In accordance with sections 34.350–34.359, RSMo, the bid documents shall require all manufactured goods or commodities used or supplied in the performance of any contract or subcontract awarded on a loan project to be manufactured, assembled, or produced in the United States, unless obtaining American- made products would increase the cost of the contract by more than ten percent (10%);

(G) Bonding. On construction contracts exceeding fifty thousand dollars ($50,000), the bid documents shall require each bidder to furnish a bid guarantee equivalent to five percent (5%) of the bid price. In addition, the bid documents must require the successful bidder to furnish performance and payment bonds, each of which shall be in an amount not less than one hundred percent (100%) of the contract price;

(H) State Wage Determination. The bid documents shall contain the current prevailing wage determination issued by the Missouri Department of Labor and Industrial Relations, Division of Labor Standards as established by sections 290.210 to 290.340, RSMo;

(I) Davis-Bacon Wage Requirements. Construction of treatment of works must comply with the Davis-Bacon requirements in accordance with 29 CFR 5.5. The current Davis- Bacon wage rate from the United States Department of Labor must be incorporated in the bid documents;

(J) Small, Minority, Women’s, and Labor Surplus Area Businesses. The recipient shall comply with 2 CFR 200.321 and 40 CFR

part 33;

(K) Debarment/Suspension. The recipient agrees to follow 2 CFR part 180 subpart C and 2 CFR 200.213. The recipient acknowledges that doing business with any party listed on the List of Debarred, Suspended or Voluntarily Excluded Persons may result in disallowance of project costs under the assistance agreement;

(L) Right of entry to the project site must be provided for representatives of the Missouri Department of Natural Resources, Clean Water Commission, and the EIERA so they may have access to the work wherever it is in preparation or progress. Proper facilities must be provided for access and inspections;

(M) The specifications must include the following statement: “The owner shall make payment to the contractor in accordance with

section 34.057, RSMo.”; and (N) American Iron and Steel. Specifications shall adhere to requirements under 33 U.S.C. 1388 for projects involving the construction, alteration, maintenance, or repair of a treatment works.

(18) Construction Equipment and Supplies Procurement. This section describes the minimum procurement requirements which the recipient must use under the CWSRF program. The recipient must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference.

(A) Small Purchases. A small purchase is the procurement of materials, supplies, and services when the aggregate amount involved in any one (1) transaction does not exceed one hundred fifty thousand dollars ($150,000). The small purchase limitation of one hundred fifty thousand dollars ($150,000) applies to the aggregate total of an order, including all estimated handling and freight charges, overhead, and profit to be paid under the order. In arriving at the aggregate amount involved in any one (1) transaction, all items which should properly be grouped together must be included. Department concurrence and a minimum of three (3) quotes must be obtained prior to purchase.

(B) Bidding Requirements. This subsection applies to procurement of construction equipment, supplies, and construction services in excess of one hundred fifty thousand dollars ($150,000) awarded by the recipient for any project. No contract shall be awarded until the department has approved the formal advertising and bidding.

1. Formal advertising.

A. Adequate public notice. The recipient will cause adequate notice to be given of the solicitation by publication in newspapers of general circulation beyond the recipient’s locality (preferably statewide), construction trade journals, or plan rooms, inviting bids on the project work and stating the method by which bidding documents may be obtained or examined.

B. Adequate time for preparing bids.

A minimum of thirty (30) days shall be allowed between the date when public notice, publication, insertion, or document available in a plan room is first published or provided and the date by which bids must be submitted. Bidding documents shall be available to prospective bidders from the date when the notice is first published or provided. Recipients are encouraged to directly solicit bids from prospective bidders.

2. Bid document requirements and procedure. The recipient shall prepare a reasonable number of bidding documents (invitations for bids) and shall furnish them upon request on a first-come, first-served basis.

The recipient shall maintain a complete set of bidding documents and shall make them available for inspection and copying by any party. The bidding documents shall include, A. A complete statement of the work to be performed or equipment to be supplied and the required completion schedule;

B. The terms and conditions of the contract to be awarded;

C. A clear explanation of the method of bidding and the method of evaluation of bid prices and the basis and method for award of the contract or rejection of all bids;

D. Responsibility requirements and criteria which will be employed in evaluating bidders;

E. The recipient shall provide for bidding by sealed bid and for the safeguarding of bids received until public opening;

F. If a recipient desires to amend any

part of the bidding documents during the period when bids are being prepared, addenda shall be communicated in writing to all firms which have obtained bidding documents in time to be considered before the bid opening time. All addenda must be approved by the department prior to award of the contract;

G. A firm which has submitted a bid shall be allowed to modify or withdraw its bid before the time of bid opening;

H. The recipient shall provide for a public opening of bids at the place, date, and time announced in the bidding documents.

Bids received after the announced opening time shall be returned unopened;

I. The recipient may reserve the right to reject all bids. Unless all bids are rejected for good cause, award shall be to the lowest, responsive, responsible bidder.

(I) After bids are opened, the recipient shall evaluate them in accordance with the methods and criteria set forth in the bidding documents.

(II) The recipient shall award contracts only to responsible contractors that possess the potential ability to perform successfully under the terms and conditions of a proposed contract. A responsible contractor is one that has financial resources, technical qualifications, experience, organization, and facilities adequate to carry out the contract or a demonstrated ability to obtain these. The recipient shall have established protest provisions in the specifications. These provisions shall not include the department as a participant in the protest procedures.

(III) If the recipient intends to make the award to a firm which did not submit the lowest bid, the recipient shall prepare a written statement before any award, explaining why each lower bidder was deemed nonresponsible or nonresponsive and shall retain the statements in its files.

(IV) The recipient shall not reject a 14CODE OF STATE REGULATIONS bid as nonresponsive for failure to list or otherwise indicate the selection of subcontractor(s) or equipment unless the recipient has clearly stated in the solicitation documents that the failure to list shall render a bid nonresponsive and cause rejection of a bid; and J. Departmental concurrence with contract award must be obtained prior to actual contract award. Recipients shall notify the department in writing of each proposed construction contract which has an aggregate value over the one hundred fifty thousand dollars ($150,000). The recipient shall notify the department within ten (10) calendar days after the bid opening for each construction sub agreement. The notice shall include:

(I) Proof of advertising;

(II) Tabulation of bids;

(III) The bid proposal from the bidder that the recipient wishes to accept, including justification if the recommended successful bidder is not also the lowest bidder;

(IV) Recommendation of award;

(V) Any addenda not submitted previously and bidder acknowledgment of all addenda;

(VI) Copy of the bid bond or bid guarantee;

(VII) One (1) set of as-bid specifications;

(VIII) Suspension/Debarment Certification;

(IX) Certification that the recipient has the necessary funds to complete the project if bids exceed available CWSRF funding;

(X) MBE/WBE Worksheet;

(XI) Recipient’s statement that proposed contractor(s) positive efforts, MBE/WBE utilization, or both, have been reviewed and meet regulatory requirements;

(XII) Site certification, if not previously submitted; and (XIII) Certification of Non-segregated Facilities.

(19) Changes in Contract Price or Time. The contract price or time may be changed only by a change order. The value of any work covered by a change order or of any claim for increase or decrease in the contract price shall be determined by the methods set forth in the following:

(A) Unit Prices.

1. Original bid items. Unit prices previously approved are acceptable for pricing changes of original bid items. However, when changes in quantities exceed fifteen percent (15%) of the original bid quantity and the total dollar change of that bid item is greater than twenty-five thousand dollars ($25,000), the recipient shall review the unit price to determine if a new unit price should be negotiated.

2. New items. Unit prices of new items shall be negotiated;

(B) A lump sum to be negotiated; and (C) Cost Reimbursement. The actual cost for labor, direct overhead, materials, supplies, equipment, and other services necessary to complete the work plus an amount to cover the cost of general overhead and profit.

(20) Progress Payments to Contractors.

(A) It is the commission’s policy that recipients should make prompt progress payments to prime contractors and prime contractors should make prompt progress payments to subcontractors and suppliers for eligible construction, supplies, and equipment costs.

1. For purposes of this section, progress payments are defined as follows:

A. Payments for work in place; and B. Payments for materials or equipment which have been delivered to the construction site or which are stockpiled in the vicinity of the construction site in accordance with the terms of the contract, when conditional or final acceptance is made by or for the recipient. The recipient shall assure that items for which progress payments have been made are adequately insured and are protected through appropriate security measures.

(B) Appropriate provisions regarding progress payments must be included in each contract and subcontract.

(C) Retention from Progress Payments.

The recipient may retain a portion of the amount otherwise due the contractor. The amount the recipient retains shall be in accordance with section 34.057, RSMo.

(21) Classification of Costs. The information in this section represents policies and procecosts for assistance under programs supported by this regulation and 40 CFR part 35 sub-

part I, including Appendix A.

(A) General. All project costs will be eligible if they meet the following tests:

1. Reasonable and cost effective;

2. Necessary for the construction of an operable wastewater facility and other projects, as defined in the Federal Water Pollution Control Act as amended, including required mitigation; and 3. Meet the eligibility limitations of the Federal Water Pollution Control Act as amended.

(B) Eligible Costs. Eligible costs include, 1. Engineering services and other services incurred in planning and in preparing the design drawings and specifications for the project. For invoice reimbursement, the department must have a copy of the executed engineering contract for planning and design of the project;

2. The cost incurred pursuant to a contract for building those portions of the project which are for treatment of wastewater, correction of I/I, or for new interceptor sewers.

These costs include change orders within the allowable scope of the project and the costs of meritorious contractor claims for increased costs under sub agreements;

3. The reasonable cost of engineering services incurred during the building and initial operation phase of the project to ensure that it is built in conformance with the design drawings and specifications. A registered professional engineer licensed in Missouri or a person under the direction and continuing supervision of a registered professional engineer licensed in Missouri must provide inspection of construction for the purpose of assuring and certifying compliance with the approved plans and specifications. Eligible construction phase and initial operation phase service are limited to— A. Office engineering;

B. Construction surveillance;

C. Stakeout surveying;

D. As-built drawings;

E. Special soils/materials testing;

F. Operation and maintenance manual;

G. Follow-up services and the cost of start-up training for operators of mechanical facilities constructed by the project to the extent that these costs are incurred prior to this department’s final inspection. Costs shall be limited to on-site operator training tailored to the facilities constructed or on- or off-site training may be provided by the equipment manufacturer if this training is properly procured;

H. User charge and sewer use ordinance; and I. Plan of operation;

4. Demolition costs. The reasonable and necessary cost of demolishing publicly owned WWTF’s which are no longer utilized for wastewater collection, transportation, or treatment purposes. The reasonable and necessary cost of demolishing privately-owned WWTF’s which will be eliminated or replaced by a publicly-owned treatment works if the proposed elimination was addressed in the approved facility plan. Generally, these costs will be limited to the demolition and disposal of the structures, removal and disposal of biosolids, final grading, and seeding of the site;

5. Equipment, materials, and supplies.

A. The cost of a reasonable inventory of laboratory chemicals and supplies necessary to initiate plant operations and laboratory items necessary to conduct tests required for plant operation.

B. Cost of shop equipment installed at the treatment works necessary to the operation of the works.

C. The costs of necessary safety equipment, provided the equipment meets applicable federal, state, local, or industry safety requirements.

D. The costs of mobile equipment necessary for the operation of the overall wastewater treatment facility, transmission of wastewater or sludge, or for the maintenance of equipment. These items include:

(I) Portable standby generators;

(II) Large portable emergency pumps to provide pump-around capability in the event of pump station failure or pipeline breaks; and (III) Trailers and other vehicles having as their purpose the transportation, application, or both, of liquid or dewatered sludge or septage;

E. The cost of a reasonable inventory of replacement parts identified and approved in advance for new wastewater treatment facilities;

6. Land or easements required to complete the project. In order to be eligible for reimbursement, land must be purchased in accordance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, P.L. 91- 646, as amended. Certification by the recipient of compliance under this Act is required;

7. The cost of I/I correction, other than normal maintenance costs, and treatment works capacity adequate to transport and treat I/I;

8. Purchase of a private wastewater system, provided the project will eliminate or upgrade the existing facilities. The purchase of a private wastewater system must be purchased in accordance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, P.L. 91- 646, as amended. Certification by the recipient of compliance under this Act is required;

9. The cost of preparing environmental documentation required under 10 CSR 20- 4.050;

10. Nonpoint source projects as identified in the most current Missouri Nonpoint Source Management Plan;

11. Construction permit application fees, costs of issuance, capitalized interest, and contracted project administration costs;

12. Debt service reserve deposits;

13. Collector sewers provided that they meet the requirements of either— A. For major rehabilitation or replacement of collection sewers that are needed to assure the total integrity of the system; or B. New collector sewers for existing communities where sufficient treatment capacity exists or adequate treatment will be available when collectors are completed;

14. Correction of combined sewer overflows;

15. House laterals if they lie within the public easement and will be maintained by the recipient;

16. Storm water transport and treatment systems, and nonpoint source best management practices;

17. Third party costs, incurred under a contract, associated with preparing a fiscal sustainability plan;

18. Energy conservation projects that reduce energy consumption including energy efficient equipment and certain renewable energy facilities;

19. Water conservation projects that reduce demand for publicly owned water treatment works including water meters, water efficient appliances, education programs, and incentive programs; and 20. Planning and assessment activities including asset management plans, capital improvement plans, integrated planning, long-term control plans, water or energy audits, treatment works security and safety plans, or environmental management systems.

(C) Non-eligible costs include, but are not limited to:

1. Costs for the purposes in paragraphs (21)(B)6. and (21)(B)8. that are in excess of just compensation based on the appraised value or amount determined in condemnation;

2. Ordinary operating expenses of the recipient including salaries and expenses of elected and appointed officials, preparation of routine financial reports and studies, EIERA application fees, and the state operating permit fees or other such permit fees necessary for the normal operation of the constructed facility;

3. Preparation of applications and permits required by federal, state, or local regulations or procedures;

4. Administrative, engineering, and legal activities associated with the establishment of special departments, agencies, commissions, regions, districts, or other units of government;

5. Personal injury compensation or damages arising out of the project;

6. Fines and penalties due to violations of, or failure to comply with, federal, state, or local laws, regulations, or procedures;

7. Costs outside the scope of the approved project;

8. Costs for which grant or loan payments have been or will be received from another state or federal agency; and 9. Force account work.

(22) Operation and Maintenance.

(A) Operation and Maintenance Manual.

The recipient must make provision satisfactory to the department for assuring effective operation and maintenance of the constructed project throughout its design life. If required by the department, recipients of assistance for construction of mechanical facilities must develop an operation and maintenance manual. The operation and maintenance manual, if required, must be submitted by eighty percent (80%) construction completion.

(B) Start-Up Training. At fifty percent (50%) construction completion, a start-up training proposal (if required) and proposed follow-up services contract must be submitted. This contract must be approved by ninety percent (90%) construction completion.

(C) Wastewater Operator. The recipient must make provision satisfactory to the department for assuring that qualified wastewater operator and maintenance personnel are hired in accordance with an approved schedule. Qualified personnel shall be those meeting the requirements established under 10 CSR 20-9.020.

(23) Retention of Records. The recipient must retain all records according to the retention schedules established by Chapter 109, RSMo. A longer retention period may be required under the loan documentation.

(24) Conflict of Interest. No employee, officer, or agent of the recipient shall participate in the selection, award, or administration of a sub agreement supported by state or federal funds if a conflict of interest, real or apparent, would be involved.

(A) This conflict would arise when— 1. Any employee, officer, or agent of the recipient, any member of their immediate families or their partners have a financial or other interest in the firm selected for a contract; or 2. An organization which may receive or has been awarded a sub agreement employs, or is about to employ, any person under paragraph (24)(A)1.

(B) The recipient’s officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of substantial monetary value from contractors, potential contractors, or other parties to sub agreements.

(25) Disposition of Treatment Works. The recipient must receive the written consent of the department prior to the disposal of the wastewater treatment works or any material

part thereof financed or refinanced with the proceeds of a loan.

(A) If at any time during the term of the loan a recipient desires to sell, lease, mortgage, or otherwise dispose of the wastewater treatment works or any part thereof, the 16CODE OF STATE REGULATIONS recipient shall abide by the provisions for disposal as contained in the recipient’s loan documentation between the recipient and the department. Disposition of treatment works to entities not listed in subsection (7)(A) of this rule will require immediate repayment of (B) During the loan repayment term, ownership of facilities, equipment, and real property purchased under the program with a current value in excess of five thousand dollars ($5,000) may be transferred only with written permission of the department.

(C) If at any time after initiation of operations of the project, the wastewater treatment works funded with a CWSRF grant, or any

part thereof, is sold, either outright or on contract for deed, to other than a political subdivision of the state, the state shall receive reimbursement of the grant funds. The total amount of grant funds to be reimbursed shall be based on a straight-line depreciation based on the original costs of the facilities being sold, the original loan repayment period or a 20-year straight-line depreciation schedule in the event of grant only funds, and adjusted for the percentage of grant funds originally disbursed to fund such facilities. Grant funds to be reimbursed shall become due and payable upon transfer of ownership.

(26) Procurement of Design-Build Services.

The procurement of design-build services shall be in accordance with section 67.5060, RSMo. Recipients that are exempt from section 67.5060, RSMo may also utilize designbuild services if local ordinances or policies allow design-build and the procurement of the design-build team considers both the qualifications of the team and the project selected meets the cost effectiveness requirements of subsection (10)(B). Recipients seeking funds for a project utilizing design-build services must notify the department with the recipient’s CWSRF application. Recipients that utilize design-build services shall coordinate procurement activities with the department to ensure compliance with CWSRF requirements. The department may restrict the amount of funding available for projects using design-build services, if needed to comply with federal law and regulations.

(27) Plan of Study. Facility planning loans, not to exceed a five (5) year repayment term, or grants may be provided by the commission to applicants with an existing publicly owned wastewater system. Applicants that desire to receive a loan for facility planning must submit a plan of study. The plan of study should include the following information (generally in fifteen (15) pages or less):

(A) Maps of the planning area showing boundaries, political jurisdictions, river basins and surface water bodies, and service areas of existing wastewater treatment facilities; NPDES permits; the existing population; a brief description of existing wastewater facilities; and the communities and major industries served;

(B) The agencies and jurisdictions involved in the planning. Include any joint resolutions or agreements among jurisdictions that designate a lead agency or official to serve as applicant;

(C) The nature and scope of planning, including a description of the need for the project, and facilities planning tasks and schedule; and (D) An itemized description of costs to complete tasks and an estimate of total cost for the facility plan.

(28) Fiscal Sustainability Plan. A fiscal sustainability plan as established in section 603(d)(1)(E) of the Federal Water Pollution Control Act, shall be prepared by the recipient receiving a loan for a treatment works repair, replacement, or expansion. For purposes of this paragraph “loan” does not include an agreement where the department is purchasing an obligation (e.g. municipal bonds) from the recipient.

(29) Intended Use Plan.

(A) The priority point criteria will be published in draft form annually and be adopted by the commission after a public comment period has been conducted. The adopted priority point criteria will be published on the department’s website.

(B) Priority Lists. Each year, following a public hearing, the commission shall establish priority lists for using future anticipated state and federal funding allocations. These lists shall contain at a minimum several parts, as described in paragraphs (29)(B)1. through (29)(B)4. of this rule. These lists shall become effective annually with the adoption of the Intended Use Plan. However, the commission may bypass projects on these lists for failure to proceed to grant award or loan closing in an expeditious manner.

1. Fundable List. The commission may establish one (1) or more fundable priority lists which identify those projects which meet the readiness to proceed criteria. The commission may specify fund allocations across multiple fundable priority lists in order to distribute available funds statewide and meet CWSRF program goals. Projects will be listed in priority point order within each fundable list.

2. Fundable Contingency Priority List.

The fundable contingency priority list identifies those projects meeting the readiness to proceed criteria, however, there are insufficient available funds. Projects will be listed in priority point order regardless of the date which the readiness to proceed criteria are met.

3. Contingency Priority List. The contingency priority list identifies those projects which may be considered for funding during a given fiscal year if the applicant secures an acceptable debt instrument. Projects will not be considered for the contingency priority list unless a complete facility plan has been submitted for review.

4. Planning List. The planning list identifies all potentially eligible grant or loan projects not contained on a fundable or contingency priority list. Planning list projects may advance to the contingency or fundable lists, with commission approval, upon meeting the readiness to proceed criteria.

(C) Modifications. After the commission adopts the Intended Use Plan, it may modify the priority lists or redistribute the available funds in accordance with paragraphs (29)(C)1. through (29)(C)4. of this rule. The commission may only take this action after providing notice to those projects directly affected.

1. Inadequate Allocations. If the actual funding is less than the allocations anticipated by the commission in the development of the Intended Use Plan, or if previous allocations are reduced, the commission may find it necessary to reduce their commitments to projects on the fundable lists. The commission may take formal action to reduce the number of commitments in accordance with subparagraphs (29)(C)1.A. through (29)(C)1.C. of this rule.

A. The commission may reduce the amount of funds allocated to each purpose as shown in the Intended Use Plan.

B. The commission may remove the lowest priority projects from the fundable priority lists, placing these projects on the appropriate contingency priority list in a position dictated by their priority relative to others on that contingency priority list.

C. The commission may bypass projects on the fundable priority lists in accordance with paragraph (29)(C)3. of this rule.

2. Unanticipated and Uncommitted Funds. If unanticipated or uncommitted funds become available, the commission may take formal action to distribute them in accordance with subparagraphs (29)(C)2.A. through (29)(C)2.C. of this rule.

A. The commission may use the unanticipated or uncommitted funds to move the highest priority project(s) from contingency priority list to the proper fundable priority list.

B. The commission may use the unanticipated or uncommitted funds to increase the amount of funds allocated to the various purposes as shown in the Intended Use Plan.

C. The commission may use the unanticipated or uncommitted funds to increase the amount of funds allocated to projects on the fundable priority list or to provide increased assistance to projects which have already received assistance.

3. Project Bypass. The commission may bypass any project on the fundable priority list which is not, in the commission’s opinion, making satisfactory progress in satisfying requirements for assistance. Bypassed projects will be removed from the fundable priority list and placed on the proper contingency priority or planning list in a position dictated by the commission. In determining whether a project is making satisfactory progress in satisfying the requirements for assistance, the commission shall use the criteria contained in subparagraphs (29)(C)3.A. through (29)(C)3.C. of this rule. The commission may reinstate any bypassed projects on the fundable priority lists after first giving notice to applicants for those projects on the contingency lists of the commission’s intent to reinstate bypassed projects.

Funds released through project bypass will be considered uncommitted and available for distribution in accordance with paragraph (29)(C)2. of this rule.

A. Any project on the fundable lists may be bypassed if the applicant fails to submit all documents required for assistance at least sixty (60) days prior to the quarter for which assistance is anticipated.

B. The commission may use individual project schedules developed by the department to determine whether a project on the current fundable list is making satisfactory progress at those times during the fiscal year.

C. Carryover projects may be automatically bypassed if they do not have all documents required for assistance submitted three (3) months before the end of the federal fiscal year in which their application expires.

4. Project Removal. The department will remove projects from the contingency, fundable, or planning lists if they meet any one (1) of the criteria stated in subparagraphs (29)(C)4.A. through (29)(C)4.E. of this rule.

A. The department will remove a project if it has received one (1) or more funding commitments necessary to cover the estimated project cost or has been fully funded by other funding sources.

B. The department will remove a project if it is determined to be ineligible for funding.

C. The department will remove projects from these lists if directed by commission action under paragraphs (29)(C)1. or (29)(C)3. of this rule.

D. The department will remove projects from these lists if directed to do so by the Environmental Protection Agency in accordance with federal law.

E. The department will remove a project from these lists at the request of the applicant.

Amended: Filed April 2, 1990, effective Sept. 28, 1990. Emergency amendment filed July 17, 1990, effective July 30, 1990, expired Nov. 26, 1990. Amended: Filed Sept. 4, 1991, effective Feb. 6, 1992. Amended: Filed March 4, 1993, effective Sept. 9, 1993.

Amended: Filed April 14, 1994, effective Nov. 30, 1994. Amended: Filed March 1, 1996, effective Nov. 30, 1996. Amended: Filed May 28, 2009, effective Feb. 28, 2010. Amended:

Filed June 13, 2018, effective Feb. 28, 2019. *Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012, 2014; 644.101, RSMo 1972, amended 1973, 1982, 1987, 1991, 1993, 1998, 2000, 2009; and 644.121, RSMo 1972, 1973, 1987, 1991.

**History**
- *authority to incur long-term debt.*
- *AUTHORITY: sections 644.026, 644.101, and 644.121, RSMo 2016. Original rule filed Sept. 13, 1988, effective Feb. 14, 1989.*

##### **10 CSR 20-4.041** Direct Loan Program ments for implementation of direct loan programs to be financed through the Clean Water State Revolving Fund program contained in 10 CSR 20-4.040 or the State Direct Loan Program. {#sec-10-csr-20-4.041 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-4.041}

(1) General. The department may make direct loans by purchasing the general obligation bonds, revenue bonds, short-term notes, or other acceptable obligation of any qualified applicant for the planning, design and/or construction of an eligible project. These loans shall not exceed the total eligible project costs as described in 10 CSR 20-4.040(21) less any amounts financed by other means.

(2) Clean Water State Revolving Fund (CWSRF) Direct Loans. Funding for these loans is from CWSRF loan repayments, federal capitalization grants, or other funds. The provisions and requirements of the Clean Water State Revolving Fund General Assistance Regulation, 10 CSR 20-4.040, apply to loans awarded under this regulation.

(3) State Direct Loan Program. Funding for these loans is from state bond funds and loan repayments. The provisions and requirements of the Clean Water State Revolving Fund General Assistance Regulation, 10 CSR 20- 4.040, apply to loans awarded under this regulation unless specifically provided for herein. The following provisions of 10 CSR 20-4.040 do not apply:

(A) 10 CSR 20-4.040(3) except for (3)(A)2.;

(B) 10 CSR 20-4.040(7);

(C) 10 CSR 20-4.040(9)(A)3.;

(D) 10 CSR 20-4.040(9)(B);

(E) 10 CSR 20-4.040(11)(B)2.;

(F) 10 CSR 20-4.040(14);

(G) 10 CSR 20-4.040(17)(I);

(H) 10 CSR 20-4.040(17)(J);

(I) 10 CSR 20-4.040(17)(N);

(J) 10 CSR 20-4.040(18)(B)2.K.(XIII);

(K) 10 CSR 20-4.040(28); and (L) 10 CSR 20-4.040(29).

(4) Funding Allocation.

(A) CWSRF Direct Loans. The department will follow 10 CSR 20-4.040.

(B) State Direct Loans. After receiving applications and the department determines that the application is complete and eligible, the department will take the application before the Clean Water Commission for allocation of funding.

(5) Interest Rates. The department shall use the target interest rate (TIR) policy as established by the commission under section (4) of 10 CSR 20-4.040.

(6) Reimbursement Terms.

(A) The maximum reimbursement shall be no more than the sum of all eligible costs incurred to date. Each payment request shall include the information listed in the following paragraphs (6)(A)1.–3. and other information deemed necessary by the department to insure proper project management and expenditure of public funds:

1. Completed reimbursement request form;

2. Construction pay estimates signed by the construction contractor, the recipient, and the consulting engineer, if applicable; and 3. Invoices for other eligible services, equipment, and supplies for the project.

(B) If the department is satisfied that the payment request accurately reflects the eligible cost incurred to date on the project, the department will request that state payment be issued to the recipient.

(7) Trustee or Paying Agent. The department may require the recipient to contract with a trustee or paying agent to provide the services listed in subsections (7)(A)–(D) of this rule, along with other such services as detailed in the participant’s escrow agreement.

(A) Maintain separate trust funds and accounts for recipients;

(B) Disburse funds to recipients;

(C) Collect principal and interest quarterly payments from recipients; and (D) Provide monthly financial reports to recipients.

(8) Amortization Schedules. The guidelines contained in the following subsections (8)(A)– (D) are to be used to establish amor tization 18CODE OF STATE REGULATIONS schedules under this rule:

(A) For recipients of a state direct loan, the bonds, notes, or other obligations shall be fully amortized for a period not longer than thirty (30) years after initiation of operation.

For CWSRF direct loan recipients, the bonds, notes, or other obligations shall be fully amortized for a period not longer than the earlier of:

1. Thirty (30) years after initiation of operation;

2. The economic useful life of the project; or 3. Such other period of time that the department determines is appropriate and in the best interest of the CWSRF program.

(B) The principal payment frequency shall be no less than annual and at least semi-annual for interest payments;

(C) The amortization schedule may either be straight-line or declining schedules for the term of the obligation. The department may approve an alternative amortization method if deemed appropriate;

(D) Repayment of principal shall begin not later than one (1) year after initiation of operation.

(9) Loan Fees. The department may charge annual loan fees not to exceed one-half percent (.5%) of the outstanding loan balance for state direct loans. CWSRF direct loan recipients will be charged a fee on the loan in accordance with 10 CSR 20-4.040(5).

(10) Additional Administrative Fees Allowed.

Additional administrative fees may be assessed by the department at the time the administration fee is calculated in accordance with 10 CSR 20-4.040(6).

(11) Variations of Structure Permitted. This

rule sets out the general format for the direct loan programs. The commission, EIERA, and the department shall have the authority to make specific refinements, variations, or additional requirements as may be necessary or desirable in connection with the efficient operation of the direct loan program.

Filed April 2, 1990, effective Sept. 28, 1990.

Emergency amendment filed July 17, 1990, effective July 30, 1990, expired Nov. 26, 1990. Amended: Filed March 4, 1993, effective Sept. 9, 1993. Amended: Filed April 14, 1994, effective Nov. 30, 1994. Amended:

Filed March 1, 1996, effective Nov. 30, 1996.

Amended: Filed June 24, 1999, effective March 30, 2000. Amended: Filed June 13, 2018, effective Feb. 28, 2019. *Original authority; 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012, 2014 and 644.122, RSMo 1987, amended 1991, 1993, 1998, 2000.

**History**
- *AUTHORITY: sections 644.026 and 644.122, RSMo 2016. Original rule filed Sept. 13, 1988, effective Feb. 14, 1989. Amended:*

##### **10 CSR 20-4.042** Leveraged Loan Program {#sec-10-csr-20-4.042 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-4.042}

(Rescinded February 28, 2019)

1993. Original rule filed Sept. 13, 1988, effective Feb. 14, 1989. Amended: Filed April 2, 1990, effective Sept. 28, 1990. Emergency amendment filed July 17, 1990, effective July 30, 1990, expired Nov. 26, 1990. Amended:

Filed March 4, 1993, effective Sept. 9, 1993.

Amended: Filed April 14, 1994, effective Nov. 30, 1994. Rescinded: Filed June 13, 2018, effective Feb. 28, 2019.

##### **10 CSR 20-4.043** Hardship Grant Program {#sec-10-csr-20-4.043 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-4.043}

Rescinded: Filed Dec. 29, 2017, effective Sept. 30, 2018.

**History**
- *AUTHORITY: sections 644.026 and 644.101, RSMo Supp. 1998. Original rule filed Nov. 3, 1997, effective July 30, 1998. Amended: Filed June 24, 1999, effective March 30, 2000.*

##### **10 CSR 20-4.049** State Match to State Revolving Fund Loan Program 1993. Emergency rule filed Jan. 17, 1990, effective Jan. 29, 1990, expired May 28, 1990. Original rule filed July 2, 1990, effective Nov. 30, 1990. Amended: Filed Sept. 4, 1991, effective Feb. 6, 1992. Rescinded: {#sec-10-csr-20-4.049 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-4.049}

Filed Dec. 29, 2017, effective Sept. 30, 2018.

##### **10 CSR 20-4.050** Environmental Review {#sec-10-csr-20-4.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-4.050}

PURPOSE: This rule establishes procedures and requirements for environmental reviews for assistance from the Clean Water State Revolving Fund program.

(1) General. The purpose of the environmental review is to ensure that the project will comply with applicable local, state, and federal laws and rules relating to the protection and enhancement of the environment. Based upon the staff’s review, the director will make formal determinations regarding the potential social and environmental impacts of the proposed project. As necessary, the determination will include mitigative provisions as a condition of the provision of financial assistance for construction. No financial assistance will be provided until a final environmental determination has been made. Nothing in this rule shall prohibit any public, private, or governmental party from seeking administrative or legal relief from the determinations of the director.

(2) Basic Environmental Determinations.

There are three (3) basic environmental determinations that will apply to projects proposed to be implemented with assistance from the fund.

(A) Categorical Exclusion. The categorical exclusion (CE) determination applies to categories of projects that have been shown over time not to entail significant impacts on the quality of the human environment.

1. Projects which meet any of the following criteria may be categorically excluded from formal environmental review requirements:

A. The project is directed solely toward minor rehabilitation of existing facilities, functional replacement of equipment, or toward the construction of related facilities adjoining the existing facilities that do not affect the degree of treatment or the capacity of the works. Examples include infiltration and inflow correction, rehabilitation of existing equipment and structures, and the construction of small structures on existing sites;

B. The project is in a community of less than ten thousand (10,000) population and is for minor expansions or upgrading of existing treatment works or on-site disposal systems are proposed; or C. New underground sewer lines or conveyance structures located entirely in existing rights-of-way that have been previously disturbed and supported by appropriate documentation to verify rights-of-way location(s) and type(s) of previous disturbance.

2. CEs will not be granted for projects that entail— A. The construction of new collection lines located outside existing rights-of-way;

B. A new discharge or relocation of an existing discharge;

C. An increase of more than thirty percent (30%) in the volume or loading of pollutants;

D. Provision of a capacity for a population thirty percent (30%) or greater than the existing population;

E. Known or expected impacts to cultural resources, threatened or endangered species, or other environmentally sensitive areas; and F. The construction of facilities that are known or expected to be not cost-effective or are likely to cause significant public controversy.

(B) Finding of No Significant Impact/Environmental Assessment (FNSI/EA). The FNSI/EA will be based upon an environmen tal review by the staff supported by an environmental information document (EID) prepared by the recipient in conformance with guidance developed by the department. If a FNSI/EA is not appropriate, a public notice noting the preparation of an environmental impact statement (EIS) will be required. The director’s issuance of a FNSI/EA will be based upon documentation that the potential environmental impacts will not be significant or that they may be mitigated without extraordinary measures.

(C) Record of Decision The Record of Decision (ROD) may only be based upon an EIS in conformance with the format and guidelines described in subsection (4)(C). An EIS will be required when the director of staff determines any of the following:

1. The project will significantly affect the pattern and type of land use or growth and distribution of the population;

2. The effects resulting from any structure or facility constructed or operated under the proposed action may conflict with local or state land use plans or policies;

3. The project may have significant adverse impacts upon— A. Wetlands;

B. Floodplains;

C. Threatened and endangered species or their habitats;

D. Cultural resources including park lands, preserves, other public lands, or recognized scenic, recreational, archeological, or historic value; and E. Prime farmland;

4. The project will displace populations or significantly alter the characteristics of existing residential areas; and 5. The project directly or indirectly (for example, through induced development) may have significant adverse effect upon local ambient air quality, local noise levels, surface and groundwater quantity or quality, fish, shellfish, wildlife, or their natural habitats.

(3) Construction Prior to Environmental Review.

(A) A recipient may request advance

2. Not preclude any reasonable alternatives identified for the complete system;

3. Not cause significant direct or indirect environmental impacts including those which cannot be acceptably mitigated without completing the entire project; and 4. Not be highly controversial.

(B) Based upon the review of the information required by section (4) of this rule, the director will issue a FNSI/EA so conditioned as to prohibit construction of the remainder of the project until a complete environmental review has been performed and a subsequent environmental determination has been issued.

(4) Environmental Information Required for Environmental Review.

(A) Recipients seeking a CE will provide the director with sufficient documentation to demonstrate compliance with the criteria of subsection (2)(A). At a minimum, this will consist of a— 1. Brief, complete description of the proposed project and its costs;

2. Statement indicating that the project is cost-effective and that the recipient is financially capable of constructing, operating, and maintaining the facilities; and 3. Plan map(s) of the proposed project showing— A. The location of all construction areas;

B. The planning area boundaries; and C. Any known environmentally sensitive areas.

(B) An EID must be submitted by those recipients whose proposed projects do not meet the criteria for a CE and for which the director has made a preliminary determination that an EIS will not be required. The director will provide guidance on both the format and contents of the EID to potential recipients prior to initiation of facilities planning.

1. At a minimum, the contents of an EID will include:

A. The purpose and need for the pro- B. Information describing the current environmental setting of the project and the future environmental setting without the pro- C. The alternatives to the project as proposed;

D. A description of the proposed pro- E. The potential environmental impacts of the project as proposed including those which cannot be avoided;

F. The relationship between the shortterm uses of the environment and the maintenance and enhancement of long-term productivity;

G. Any irreversible and irretrievable commitments of resources to the proposed H. Proposed mitigation measures to minimize the environmental impacts of the I. A description of public participation activities conducted, issues raised, and changes to the project which may be made as a result of the public participation process;

J. Documentation of coordination with appropriate governmental agencies.

2. Prior to the recipient’s adoption of the facilities plan, the recipient must hold a public meeting or hearing on the proposed project and the EID, and provide the director with a complete record of the meeting or hearing, including all EID reference documents. The meeting or hearing must be advertised at least thirty (30) days in advance in a local newspaper of general circulation.

Included with the meeting record must be a list of all attendees with addresses, any written testimony and the recipient’s responses to the issues raised.

(C) The format of an EIS will encourage sound analyses and clear presentation of alternatives, including the no-action alternative and the selected alternative and their environmental, economic, and social impacts. The following format must be followed by the recipient unless the director determines there are compelling reasons to do otherwise:

1. A cover sheet identifying the recipient, the project(s), the program through which financial assistance is requested and the date of publication;

2. An executive summary consisting of a five to fifteen (5–15) page summary of the critical issues of the EIS in sufficient detail that the reader may become familiar with the proposed project and its cumulative effects.

The summary will include:

A. A description of the existing problem;

B. A description of each alternative;

C. A listing of each alternative’s potential environmental impacts, mitigative measures, and any areas of controversy; and D. Any major conclusions;

3. The body of the EIS which will contain the following information:

A. A complete and clear description of the purpose and need for the proposed project that clearly identifies its goals and objectives;

B. A balanced description of each alternative considered by the recipient. The descriptions will include the size and location of the facilities and pipelines, land requirements, operation and maintenance requirements, and construction schedules. The alternative of no action will be discussed and the recipient’s preferred alternative(s) will be identified. Alternatives that were eliminated from detailed examination will be presented with the reasons for their elimination;

C. A description of the alternatives available to the department including:

(I) Providing financial assistance to the proposed project;

(II) Requiring that the proposed project be modified prior to providing financial assistance to reduce adverse environmental impacts or providing assistance with conditions requiring the implementation of mitigative measures; and (III) Not providing financial assistance;

D. A description of the alternatives available to other local, state, and federal agencies which may have the ability to issue or deny a permit, provide financial assistance or otherwise affect or have an interest in any of the alternatives;

E. A description of the affected environment and environmental consequences of each alternative including secondary and cumulative impacts. The affected environment on which the evaluation of each alternative will be based includes, as a partial listing, hydrology, geology, air quality, noise, biology, socioeconomics, land use, and cultural resources of the facilities planning area.

The department will provide guidance, as necessary, to the recipient regarding the evaluation of the affected environment. The discussion will present the total impacts of each alternative in a manner that will facilitate comparison. The effects of the no-action alternative must be included to serve as a baseline for comparison of the adverse and beneficial impacts of the other alternatives. A description of the existing environment will be included in the no-action section to provide background information. The detail in which the affected environment is described will be commensurate with the complexity of the situation and the significance of the anticipated impacts;

4. The draft EIS will be provided to all local, state, and federal agencies and public groups with an interest in the proposed project and be made available to the public for review. The final EIS will include all objections and suggestions made before and during the draft EIS review process along with the issues of public concern expressed by individuals or interested groups. The final EIS must include discussions of any comments pertinent to the project or the EIS. All commenters will be identified. If a comment has led to a change in either the project or the EIS, the reason should be given. The department will always endeavor to resolve any conflicts that may have arisen, particularly among permitting agencies, prior to the issuance of the final EIS. In all cases, the comment period will be no less than fortyfive (45) days;

5. Material incorporated into an EIS by reference will be organized into a supplemental information document and be made available for public review upon request. No material may be incorporated by reference unless it is reasonably available for inspection by interested persons within the comment periods specified in paragraph (4)(C)4. and subparagraph (4)(C)7.C.;

6. When an EIS is prepared by contractors, either in the service of the recipient or the department, the department will independently evaluate the EIS prior to issuance of the ROD and take responsibility for its scope and contents. The staff who undertake this evaluation will be identified under the list of preparers along with those of the contractor and any other parties responsible for the content of the EIS; and 7. The public participation required for an EIS is extensive but, depending upon the nature and scope of the proposed project, should be supplemented by the recipient. The following requirements represent the minimum allowable:

A. Upon making the determination that an EIS will be required of a proposed project, the department will distribute a notice of intent to prepare an EIS;

B. As soon as possible after the notice of intent has been issued, the director will convene a meeting of the affected federal, state, and local agencies, the recipient and other interested parties to determine the scope of the EIS. A notice of this scoping meeting may be incorporated into the notice of intent or prepared as in paragraph (4)(B)2. of this rule except that in no case will the notification period be less than forty-five (45)

days. As part of the scoping meeting, the director at a minimum will— (I) Determine the significance of issues and analyze in depth the scope of those significant issues in the EIS;

(II) Identify the preliminary range of alternatives to be considered;

(III) Identify potential cooperating agencies and determine the information or analyses that may be needed from cooperating agencies or other parties;

(IV) Discuss the method for EIS preparation and the public participation strategy;

(V) Identify consultation requirement of other laws and regulations; and (VI) Determine the relationship between the preparation of the EIS and the completion of the facilities plan and any necessary arrangements for coordination of the preparation of both documents; and C. Following the scoping process, the director will begin the identification and evaluation of all potentially viable alternatives to adequately address the range of issues developed in the scoping. A summary of this, including a list of the significant issues identified, will be provided to the recipient and other interested parties. Preparation of the EIS will be done at the discretion of the department: directly, by the staff; by consultants to the department; or by a consultant contracted by the recipient subject to approval by the department. In the latter two (2) cases, the consultant will be required to execute a disclosure statement prepared by the department signifying they have no financial or other conflicting interest in the outcome of the project. Both the draft EIS and final EIS will be distributed and made available for public review in a fashion consistent with the requirements of paragraph (4)(B)2. of this

rule except that the advertisement and comment period for the public participation will be no less than forty-five (45) days. The department will publish in a newspaper of general circulation in the project area, a notice of availability of the EIS giving locations at which it will be available for public review at least forty-five (45) days prior to making any environmental determination.

(5) Environmental Determination.

(A) When the director has determined that a recipient’s proposed project may be excluded from a formal environmental review, the director will prepare a determination to categorically exclude the project.

(B) An environmental review of the proposed project, supported by the recipient’s EID, will be conducted by the director to determine whether any significant impacts are anticipated and whether any changes may be made in the proposed project to eliminate significant adverse impacts. As part of this review, the director may require the recipient to submit additional information or undertake additional public participation and coordination to support its environmental determination. Based on the environmental review, the director will prepare a FNSI/EA describing— 1. The purpose and need for the proposed project;

2. The proposed project including its costs;

3. The alternatives considered and the reasons for their rejection or acceptance;

4. The existing environment;

5. Any potential adverse impacts and mitigative measures; and 6. Any proposed conditions to the provision of financial assistance and any means 20CODE OF STATE REGULATIONS provided for the monitoring of compliance with the conditions.

(C) When the director has determined that a FNSI/EA will be issued, the director will prepare FNSI/EA determination. The FNSI/EA will be distributed to interested federal agencies, state and local governments, and entities that have expressed an interest in the proposed project, and a copy will be available to the public upon request. No action regarding approval of the facilities plan or the provision of financial assistance will be taken by the director for at least thirty (30) days after the issuance of the FNSI/EA.

(D) Public participation requirements for an EIS are detailed in paragraph (4)(B)2. except the ROD and final EIS shall have a forty-five- (45-) day period of notice.

(6) Environmental Determination Modifica- (A) Recognizing that a project may be altered at some time after an environmental determination on the project has been issued, the director will provide that, prior to approval, the plans and specifications, loan application and related documents will be examined for consistency with the environmental determination. If inconsistencies are found, the director may revoke a CE and require the preparation of a FNSI/EA or an EIS, or require the preparation of amendments to a FNSI/EA or supplements to an EIS, as appropriate. Based upon the staff’s review of the amended project, the director will— 1. Reaffirm the original environmental determination through the issuance of a public notice or statement of finding;

2. Issue a FNSI for a project for which a CE has been revoked or issue a public notice that the preparation of an EIS will be required;

3. Issue an amendment to a FNSI/EA or revoke a FNSI and issue a public notice that the preparation of an EIS will be required; or 4. Issue a supplement to a ROD or revoke a ROD and issue a public notice that financial assistance will not be provided.

(B) When five (5) or more years have elapsed between the last environmental determination and the submittal of an application to the fund, the director will reevaluate the project, environmental conditions and public views and, prior to approval of the application, proceed with the environmental determination in accordance with section (5).

(7) The director may, on a case by case basis, accept the environmental reviews, consistent with the National Environmental Policy Act completed by other state and federal agencies. Environmental reviews completed by other state and federal agencies must be less than five (5) years old unless reaffirmed.

**History**
- *authority to construct part of the proposed project prior to completion of the necessary environmental review when the part of the project will— 1. Remedy a severe public health, water quality or environmental problem immediately;*
- *AUTHORITY: section 644.026, RSMo 2016. Original rule filed Sept. 13, 1988, effective Feb. 14, 1989. Amended: Filed June 13, 2018, effective Feb. 28, 2019. 1973, 1987, 1993, 1995, 2000, 2012, 2014.*

##### **10 CSR 20-4.060** Storm Water Assistance {#sec-10-csr-20-4.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-4.060}

Regulation

Amended: Filed April 2, 1990, effective Sept. 28, 1990. Amended: Filed Sept. 4, 1991, effective Feb. 6, 1992. Amended: Filed Nov. 14, 1995, effective July 30, 1996. Rescinded:

Filed Dec. 29, 2017, effective Sept. 30, 2018.

**History**
- *AUTHORITY: sections 644.026 and 644.031, RSMo 1994. Original rule filed Sept. 1, 1989, effective Jan. 12, 1990.*

##### **10 CSR 20-4.061** Storm Water Grant and Loan Program ments and process of application for storm water loans and grants for construction of storm water control facilities and the terms and conditions for receipt of the loan and/or grant as revised. {#sec-10-csr-20-4.061 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-4.061}

This rule also clarifies the requirements, the types of facilities eligible for funds and the calculation used to determine the amount of loan and grant available for eligible grantees.

(1) Applicability. This rule defines the minimum requirements which apply to all recipients of assistance under the state storm water grant and loan program. The recipient must satisfy more stringent requirements if required to do so by the state constitution, state or local statutes, policies, rules, ordinances, or orders.

(2) Definitions.

(A) Commission. The Missouri Clean Water Commission.

(B) Delegated entity. An eligible applicant that has been designated by the department as having sufficient staff and expertise to administer funds to subrecipients within its jurisdiction.

(C) Department. The Missouri Department of Natural Resources.

(D) Eligible Applicant.

1. Any first class county not served by Metropolitan St. Louis Sewer District (MSD); or 2. The MSD; or 3. Any entitlement city.

(E) Eligible Recipient. Any municipality, county, public sewer district, or public water district within the boundaries of the eligible applicant can receive funding if selected by the eligible applicant’s Storm Water Coordinating Committee.

(F) Entitlement City. A municipality located in whole or in part in a first class county with a population of at least twenty-five thousand (25,000) based on the most recent decennial census unless that city is within a sewer district established pursuant to Article VI, Section 30(a) of the Missouri Constitu- (G) Force Account. Project planning, design, construction or engineering inspection work performed by the recipient’s regular employees and rented or leased equipment.

(H) Letter of Commitment. Initial offer from the department to the eligible storm water funding recipients which details the amount allocated to the recipient and specifies the dates applicable to the receipt of the funds.

(I) Storm Water Coordinating Committee (SCC). A local committee or group established by eligible applicants involved in project screening and project selection. In cities over twenty-five thousand (25,000) population, the SCC shall consist of a committee or organizational unit designated by the city. In St. Louis City and County, the SCC shall consist of a committee or organizational unit designated by the executive director of the Metropolitan St. Louis Sewer District. In all eligible counties, except St. Louis County, an SCC must be established which is representative of the county government and incorporated municipalities within the county.

(J) Storm Water Loan Revolving Fund.

Fund containing repayments and interest from storm water loans originated from storm water control bonds.

(3) General Requirements.

(A) Jurisdictional Requirements. Storm water funds may be used for storm water projects in any first class county, or city not within a county, or as specified in Article III,

Section 37(h) of the Missouri Constitution.

(B) Allocation of Bond Fund Proceeds. The department will determine the amount of funds to be allocated to the eligible recipients after Stormwater Control Bonds are issued and are deposited into the Stormwater Control Fund. The funds will be allocated to each first class county and to each sewer district established pursuant to Article VI, Section 30(a) of the Missouri Constitutionby a percentage based on the population of the quali fying county or sewer district in relation to the total population of all eligible counties and sewer districts. The most recent federal decennial census will be used for all population statistics.

1. The funds will be further allocated to each entitlement city by a percentage based on the population of the entitlement city in relation to the total population of the first class county(ies) in which the entitlement city is located.

2. The department will send a letter of commitment to each eligible applicant. The notification will include the county, city, or sewer district’s proportionate share of the balance in the Stormwater Control Fund and instructions for applying for the funds.

(C) Reallocation of Unused Bond Fund Proceeds. Within sixty (60) days of the date specified in the letter of commitment as the final day for receipt of applications, the department will determine if there are any remaining unused bond fund proceeds. When calculating this amount, the department will include interest that has accrued to the Stormwater Control Fund that was not included in the original calculation and any funds that have not been applied for through the original letter of commitment. The total of these funds will be allocated as described in subsection (3)(B) of this rule except that the calculation will exclude any eligible applicant that has not responded to the initial letter of commitment by the application date.

(D) Planning Requirements.

1. All storm water projects must be consistent with a comprehensive storm water management plan. A storm water management plan should contain at a minimum the following components:

A. An introduction that defines terms and discusses the purpose, scope, hydrology, and alternatives considered;

B. A discussion of the data and methodology used in plan development;

C. A description of the existing system (if applicable);

D. A list of proposed storm water projects;

E. A description of the methodology used to evaluate and establish project priority ranking;

F. Estimates of cost for full implementation of the plan;

G. A description of the maintenance plan for existing and new systems;

H. A geomorphological assessment of the plan area;

I. A description of the rainfall/runoff modeling data for the plan area;

J. Modeling data, structure data and photographs, public survey response forms;

K. Watershed map, public response map, flood plain map, maps showing project areas.

2. The project specific drainage basin plan must be submitted in conjunction with the applicant’s storm water application to the department. The geographical extent of the planning area may be determined by the department or the delegated entity. Projects which are solely for bank stabilization or erosion control, or other projects as determined by the department or the delegated entity, need only provide the items listed in subparagraphs (3)(D)2.B., D., and E. The drainage basin plan should include, but is not limited to:

A. A detailed map of the project drainage area showing computed drainage acreage;

B. A narrative, a plan layout, and estimated construction costs for the proposed C. Tabulated storm water conceptual design parameters for the drainage area, that is, upstream acres, runoff coefficients, time of concentration, return frequencies, and so forth. Computer modeling information may be submitted;

D. A determination of the flood elevation changes resulting from the project, unless the Corps of Engineers has committed to remap the area; and E. An evaluation of limited structural approaches to storm water control. The plan must analyze the use of applied geomorphology and bioengineering techniques to manage storm water. Combinations of measures can be employed to manage storm water and retain important stream functions. “Bioengineering” combines mechanical, biological, and ecological concepts to prevent slope failures and erosion. Bioengineering techniques may use bare root stock, stems, branches, or trunks of living plants on eroded slopes.

Plantings may be incorporated into such configurations as a live stakings, live fascines, or living cribwall. Vegetative plantings and cuttings may be combined with structural elements such as gabion baskets or rock surface armoring. However, the intent should be to minimize hard structural solutions and allow the rooted plantings to do much of the work to hold the soil in place and retain the natural function of streams to convey storm water.

Other storm water management options include environmental easements and land acquisition. Projects that are only rehabilitation or replacement of existing structures will require an evaluation that addresses reasonable geomorphological alternatives and, if this approach is not taken, a brief discussion why not. For more complex projects, the evaluation should address the root causes of flooding, bed and bank erosion, and sediment deposition. The plan should not exacerbate these problems by:

(I) Modifications to stream systems that increase bed and bank erosion in modified stream sections;

(II) Cause these impacts in sections that are upstream or downstream of the storm management project;

(III) Remove or degrade aquatic habitat;

(IV) Remove the pollutant removal benefits of vegetated stream corridors; or (V) Lead to increased flooding upstream or downstream of the storm water management project.

(4) Required Documents. Prior to grant award and/or loan closing, the applicant must submit a completed storm water grant/loan application to the department. The following documents must be submitted and approved by the department or delegated entity prior to construction advertising. Some documents may be waived by the depart ment or delegated entity on a case-by-case basis if it is determined they are not needed for that project:

(A) The following documents are required for a project which includes design and construction:

1. Construction plans, specifications, and design criteria;

2. Certification by the recipient that— A. The facilities, when completed, will be owned, operated, and maintained by a political subdivision eligible under subsection (3)(A) of this rule; or B. Evidence of a permanent easement and legal authority to ensure operation and maintenance of the facility;

3. Certification by the recipient that contract documents and construction bidding will conform to relevant local and state laws;

4. Certification by the recipient that all necessary easements and land have been or will be obtained prior to construction start;

5. Certification by the recipient that the recipient will construct the project or cause it to be constructed to final completion in accordance with the certified plans and specifications; and (B) The following documents must be submitted for all storm water grant/loan projects including grants/loans for planning:

1. Certification by the recipient that all state storm water funds will be expended solely for carrying out the approved project;

2. Certification by the recipient that a registered professional engineer has been 22CODE OF STATE REGULATIONS selected and will perform the services required in section (9) of this rule;

3. Certification by the recipient that the local match is available; and 4. Certification by the recipient that any required section 404 dredge and fill permits from the United States Army Corps of Engineers or land disturbance permits from the department will be obtained prior to construction.

(5) Eligible Project Costs. The information in this section represents policies and procecosts for assistance under the Storm Water Grant and Loan Program.

(A) General. It is the policy of the commission that all project costs will be eligible if they meet the following tests:

1. Reasonable and cost effective;

2. Necessary for the construction of an operable storm water facility or for the completion of a comprehensive storm water master plan; and 3. Included in the scope of the project as described in the application and engineering submittals.

(B) Eligible Costs. Eligible costs include at a minimum:

1. Costs for development of a comprehensive storm water control plan meeting the requirements of subsection (3)(D);

2. Engineering services for planning and design based on invoiced amounts for a contracted engineering consultant. A copy of the approved engineering agreement must be submitted to the department or delegated entity when engineering services are to be reimbursed with grant or loan funds. The contract should be a lump sum or cost plus fixed fee contract in the form of a bilaterally executed written agreement.

3. Costs for construction-related engineering when invoiced per an acceptable two (2)-party engineering agreement;

4. Construction costs including construction permits as issued by the department;

5. Land purchase or permanent easement costs required for storm water holding basins, grass-lined channels, or for other limited structural storm water control projects, or buy-outs if the land purchased is restricted such that no permanent structure except for structures allowed under the Missouri Statewide Comprehensive Outdoor Recreation Plan (SCORP) may be constructed within the easement or purchase area. Construction costs related to holding basins on private land are eligible if the eligible recipient retains a permanent easement, is legally responsible for operation and maintenance of the facility, and the basin constructed is clearly for storm water control and not recreational use;

6. Costs of force account work for planning, design, construction, construction engineering, and costs of rented or leased equipment. It does not include the costs of recipient-owned equipment or the costs of administration for grants and loans. Engineering performed by force account must meet the requirements of 10 CSR 20-4.061(9) which state that storm water plan preparation, design, and inspection must be provided by a registered professional engineer or by a person under the direct and continuing supervision of a registered professional engineer.

To be considered for force account, the following information must be submitted for review and approval by the department prior to beginning on the project:

A. Which project(s) they intend to do with city employees;

B. The names of the employees who will be working on the project;

C. A specific time code must be assigned to each project. The letter should state the time code number;

D. For engineering work, the letter must contain an assurance that the employee is a registered professional engineer or the name of the professional engineer who directly supervises this person;

E. The hourly wage for each individual must be given. If the person is salaried, this is the total annual salary divided by two thousand and eighty (2,080) hours. The hourly wage cannot include fringe or indirect F. A copy of the time card that will be used. The time card must list the employee name, project time code, hours worked, and the signature of the employee and the supervisor. Should there be a change in employees, salary, or engineering supervisor during the course of the project, the recipient must amend/update the information in the original letter before that salary and/or employee cost can be reimbursed;

7. Demolition costs of structures located within storm water control areas provided future development of permanent structures in the storm water control area is restricted;

8. Local cost of issuance and capitalized interest incurred on loans administered under this rule;

9. Up to five (5) sequential years of grant and/or loan funding may be used for the same project if it meets the following criteria:

A. The contract is awarded within the time frame necessary to receive the first grant and/or loan of the sequence;

B. The recipient certifies that there are adequate funds committed from other sources to complete the construction;

C. The recipient commits to the original funding combination for the entire sequence of grants and/or loans; and D. The recipient certifies that the project will be completed with or without the subsequent years’ grant/loan funds.

10. Costs associated with minimizing storm water damage to sink holes; and 11. The reasonable costs of administrative fees incurred by a delegated entity in connection with each grant.

(6) Ineligible Project Costs. Ineligible costs include, but are not limited to, the following:

(A) Projects which divert storm water to sinkholes or which modify sinkholes to increase storm water capacity;

(B) Local government administration or legal costs, including appraisals;

(C) Land purchase or easement costs other than those listed in paragraph (5)(B)5.;

(D) Permits required for the ongoing operation of the constructed facility(ies);

(E) Construction costs incurred prior to the letter of commitment; and (F) Ordinary upkeep and maintenance of existing facilities.

(7) Grant Amount. The maximum grant is limited to fifty percent (50%) of the total eligible project costs or available funds, whichever is less. The recipient must provide the remaining amount needed to complete the project through a storm water loan administered by the department or other acceptable source of funds. Grants may be matched with other state or federal grants up to one hundred percent (100%) of the eligible project (8) Loan Amount. Loans will be available in an amount up to one hundred percent (100%) of eligible project costs. Loans may be matched with state or federal grants. However, in no case will the total government assistance exceed one hundred percent (100%) of eligible project costs.

(9) Engineering Requirements.

(A) A registered professional engineer must prepare the project specific drainage basin plan and design all construction plans and specifications for competitive bidding and compliance with generally accepted storm water design criteria. The documents must have the professional engineer’s seal when they are submitted to the department or delegated entity.

(B) A registered professional engineer or a person under the direction and continuing supervision of a registered professional engineer must provide inspection of construction for the purpose of assuring compliance with the approved plans and specifications.

(10) Bidding Requirements.

(A) This subsection applies to procurement of construction equipment, supplies, and construction services in excess of one hundred thousand dollars ($100,000) awarded by the recipient for any storm water project.

1. Each contract shall be awarded after formal advertising. The project advertisement must be published in a newspaper at least one (1) time thirty (30) days prior to the bid opening or five (5) consecutive days two (2) weeks prior to bid opening or in accordance with the local government’s procurement ordinances.

2. Contract award shall be to the lowest responsive and responsible bidder.

3. Departmental concurrence or concurrence from the delegated entity with contract award must be obtained prior to the actual contract award if fewer than three (3) bidders submit bids or if the recipient wishes to award the contract to other than the low bidder. The recipient shall forward the tabulation of bids and a recommendation of contract award to the department or delegated entity for review.

4. Executed contract documents must be submitted prior to the first grant payment if payments are made monthly. If the grant is paid into an escrow account, the executed contract documents must be submitted with the first statement that indicates construction costs were paid with grant funds.

(B) Small Purchase Contract. A small purchase is the procurement of materials, supplies, and services when the aggregate amount involved in any one (1) transaction does not exceed one hundred thousand dollars ($100,000). The small purchase limitation of one hundred thousand dollars ($100,000) applies to the aggregate total of an order, including all estimated handling and freight charges, overhead, and profit to be paid under the order. In arriving at the aggregate amount involved in any one (1) transaction, all items which should properly be grouped together must be included. A minimum of three (3) quotes must be obtained and approved by the department or delegated entity.

(11) Grant Payments.

(A) Prior to the grant award, the department will notify the grantee how funds will be disbursed under the grant.

1. No funds may be drawn from the grant until the following conditions have been met:

A. For construction projects, the grantee must submit to the department:

(I) Construction plans and specifications prepared in accordance with subsection (9)(A) of this rule; and (II) Executed contract documents.

B. For planning projects, the grantee must have the department’s concurrence for all major consulting contracts, and a copy of the consulting contracts must be on file with the department; and C. The grantee has documented it has secured matching funds for the grant.

2. Projects administered through a delegated entity will be paid in accordance with the delegated entity’s procedure on file with the department.

(B) An audit to verify eligible project costs and inspection of the project may be made by the department. Any funds found not expended for purposes listed in section (5) of this

rule will be recovered in addition to any applicable penalties.

(12) Loan Requirements.

(A) Loans shall be administered in accordance with the provisions in 10 CSR 20- 4.041 except that the loan shall not be subject to requirements unique to wastewater treatment projects. When the storm water loan is funded through storm water control bonds, the loan shall not be subject to requirements specific to federal funding.

(B) Loans must be secured with an acceptable debt instrument including revenue or general obligation bonds. Other financing securities will be reviewed on a case-by-case

basis. Repayment must begin within one (1) year of project completion.

(C) The commission may direct that existing and/or future loans be leveraged through the Environmental Improvement and Energy Resources Authority.

(D) If at any time during the loan period the facility(ies) financed under this rule is sold, either outright or on contract for deed, to other than a political subdivision of the state, the loan becomes due and payable upon transfer.

(13) Repayment of Grant. A portion of the grant will be required to be repaid if the facilities constructed with grant funds are sold or transferred to private ownership. The grantee shall notify the department at least ninety (90) days prior to any such transfer. The amount of grant funds to be repaid will be based on a straight-line depreciation schedule based on the useful life of the project, but in no event exceeding a thirty (30)-year depreciation schedule.

(14) Storm Water Loan Revolving Fund.

Storm water grants and loans may be awarded from the storm water loan revolving fund as funds are available. Eligible applicants must be a municipality, county, public sewer district, public water district, or a combination of the same. Except for subsections (3)(A)–(C), all provisions of this regulation apply to grants and loans made from the storm water loan revolving fund.

Amended: Filed March 14, 2007, effective Oct. 30, 2007. Amended: Filed March 16, 2009, effective Dec. 30, 2009. Amended:

Filed June 13, 2018, effective Feb. 28, 2019. 1973, 1987, 1993, 1995, 2000, 2012, 2014 and 644.570, RSMo 1999, amended 2008.

**History**
- *AUTHORITY: sections 644.026 and 644.570, RSMo 2016. Original rule filed June 9, 1999, effective March 30, 2000. Emergency amendment filed Feb. 1, 2007, effective March 4, 2007, expired Aug. 30, 2007.*

##### **10 CSR 20-4.070** Sales Tax Exemption {#sec-10-csr-20-4.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-4.070}

Original rule filed Nov. 3, 1997, effective July 30, 1998. Rescinded: Filed Dec. 29, 2017, effective Sept. 30, 2018.

24CODE OF STATE REGULATIONS

**History**
- *AUTHORITY: sections 144.030 and 644.026, RSMo Supp. 1997 and 144.062, RSMo 1994.*

### **Chapter 5** Emergencies

##### **10 CSR 20-5.010** Storage of Hazardous Materials {#sec-10-csr-20-5.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-5.010}

(Rescinded July 10, 1980)

Original rule filed June 19, 1974, effective June 29, 1974. Rescinded: Filed Oct. 12, 1979, effective July 10, 1980.

**History**
- *AUTHORITY: section 204.206, RSMo 1978.*

##### **10 CSR 20-5.020** Notification of Spills and Accidental Discharges Affecting Waters of the State {#sec-10-csr-20-5.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-5.020}

(Rescinded July 10, 1980)

Original rule filed June 19, 1974, effective June 29, 1974. Rescinded: Filed Oct. 12, 1979, effective July 10, 1980.

MATTBLUNT(10/31/01)

**History**
- *AUTHORITY: section 204.206, RSMo 1978.*

### **Chapter 6** Permits

##### **10 CSR 20-6.020** Public Participation, Hearings, and Notice to Governmental {#sec-10-csr-20-6.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.020}

##### **10 CSR 20-6.030** Disposal of Wastewater in Residential Housing Developments . . . . . . . . . . 21 {#sec-10-csr-20-6.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.030}

##### **10 CSR 20-6.040** Expiration of Operating Permits in Force Under Senate Bill 424 {#sec-10-csr-20-6.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.040}

##### **10 CSR 20-6.080** Signatures for Construction Permits, Operating Permits and {#sec-10-csr-20-6.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.080}

##### **10 CSR 20-6.090** Class III Mineral Resources Injection/Production Well Operating {#sec-10-csr-20-6.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.090}

##### **10 CSR 20-6.010** Construction and Operating Permits application for construction and operating permits, and the terms and conditions for the permits. {#sec-10-csr-20-6.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.010}

This rule also clarifies the requirements of the permit program, improves its administration, and brings the program in compliance with the latest federal regulations, 44 FedReg 32.854 (1979).

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Permits—General.

(A) All persons who build, erect, alter, replace, operate, use, or maintain existing point sources, or intend these actions for a proposed point source, water contaminant sources, or wastewater treatment facilities shall apply to the Missouri Department of Natural Resources (department) for the permits required in accordance with sections (5) and (7) of this rule, the Missouri Clean Water Law and regulations. The department issues these permits to enforce the Missouri Clean Water Law and regulations and administer the National Pollutant Discharge Elimination System (NPDES) Program.

(B) The following are exempt from permit regulations:

1. Nonpoint source discharges;

2. Service connections to wastewater collection systems;

3. Internal plumbing, piping, water diversion, or retention structures that are an integral part of an industrial process, plant, or operation, except to the point wastewater is conveyed to receiving water;

4. Routine maintenance or repairs of any existing collection system, wastewater treatment facility, or other water contaminant or point source;

5. Onsite systems for single family residences;

6. The discharge of water from an environmental emergency cleanup site under the direction of, or the direct control of, the department or the Environmental Protection Agency (EPA), provided the discharge does not violate any condition of

##### **10 CSR 20-7.031** Water Quality Standards; {#sec-10-csr-20-7.031 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-7.031}

7. Water used in constructing and maintaining a drinking water well and distribution system for public and private use, geologic test holes, exploration drill holes, groundwater monitoring wells, and heat pump wells;

8. Projects for beneficial use, that do not exceed a period of one (1) year, may be exempted by written project approval from the department. The department may extend the permit exemption for up to one (1) additional year;

9. The application of pesticides in order to control pests (e.g., any insect, rodent, nematode, fungus, weed, etc.) in a manner that is consistent with the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Missouri Pesticide Use Act unless such application is made directly into or onto waters of the state, in which case the applicator shall obtain a permit;

10. Hydrostatic testing. Persons discharging water used for the hydrostatic testing of new pipelines and storage tanks in the state of Missouri may discharge to waters of the state without first obtaining a permit if the discharge is de minimis (less than one thousand (<1,000) gallons) or meeting the requirements in section (14) of this rule;

11. No-discharge facilities for domestic wastewater flows of three thousand gallons per day (3,000 gpd) or less; and 12. Agrichemical rinsates and any spilled or recovered fertilizers and pesticides that are field applied at rates compatible with product labeling.

(C) Permittees may pursue integrated planning to facilitate the use of sustainable and comprehensive solutions.

(2) Responsible Authorities for Permitting.

(A) Each application for a construction permit or Missouri state operating permit shall identify the person, as that term is defined in section 644.016(19), RSMo, that is the owner of, operator of, or area-wide management authority for a water contaminant source, point source, wastewater treatment facility, sewer collection system, or permitted activity, that is responsible for compliance with all permit conditions. This person shall be designated as the responsible authority and shall sign the permit application. By doing so, the person designated as the responsible authority acknowledges responsibility for compliance with all permit conditions.

(B) A responsible authority will fall into one of three (3) levels.

A level one (1) authority, level two (2) authority, or a level three (3) authority with an ordinance requiring connection or prohibiting independent systems may qualify as the responsible

1. Level one (1) authority. A municipality or public sewer district or governmental entity that has been designated as the area-wide management authority under section 208(c)(1) of the Federal Clean Water Act.

2. Level two (2) authority. A municipality, public sewer district, or governmental entity which currently provides wastewater collection and/or treatment services on a regional or watershed basis as outlined in subsection (2)(F) of this rule and approved by the Missouri Clean Water Commission;

3. Level three (3) authority. A level three (3) authority is— A. A municipality, public sewer district, sewer company regulated by the Public Service Commission (PSC) other than one (1) that qualifies under paragraph (2)(B)1. or 2. of this rule, or a public water supply district. A responsible authority regulated by PSC must submit a certificate of convenience and necessity from the PSC with the permit application;

B. Any person, as defined in 644.016, RSMo, having complete control of and responsibility for the water contaminant source, point source, or wastewater treatment system, and not including persons that qualify under subparagraph (2)(B)3.C. of this rule; or C. An association of property owners served by the wastewater treatment facility, provided the applicant documents that— (I) The association is a corporation in good standing registered with the Office of the Missouri Secretary of State;

(II) The association owns the facility and has valid easements for all sewers;

(III) The covenants running with the land of each property owner provide the authority with compliance of wastewater treatment systems including at a minimum— (a) The power to regulate the use of the collection system and/or the wastewater treatment facility;

(b) The power to levy assessments on its members and enforce these assessments by liens on the properties of each owner;

(c) The power to convey the facility to one (1) of the authorities listed in paragraphs (2)(B)1.–3.; and (d) The requirement that members connect with the facility and be bound by the rules of the association.

(C) Applicability Exemption. Applicants for Missouri state operating permits may submit one (1) of the following for the department’s review when a third party that is a level one (1)

Upon department review, when an applicant meets one (1) or more of the subsection (2)(C) applicability exemption criteria, the permit will be issued to the applying responsible authority, provided it does not conflict with any area-wide management plan approved under section 208 of the Federal Clean Water Act or by the Missouri Clean Water Commission:

1. A to-scale map showing that all parts of the wastewater system to be connected are beyond two thousand feet (2000') from the collection system operated by the third party proposing connection or adoption;

2. An evaluation that the connection and/or adoption charges by the responsible authority proposing connection or adoption would create economic conditions that would be equivalent to or exceed what is economically feasible for the applicant;

3. A determination that the proposed service fee on the users of the system by the third-party authority proposing connection or adoption is above what is affordable for existing homeowners in that area;

4. Terms for connection or adoption by the responsible authority proposing connection or adoption that would require more than two (2) years to achieve full sewer service; or 5. A demonstration that the terms for connection or adoption by the responsible authority proposing connection or adoption are not viable or feasible to impacted homeowners or industries in the newly connected system.

(D) Private corporations that are not incorporated under the laws of Missouri shall be registered to do business in the state of Missouri before a construction permit or an operating permit will be issued to that responsible authority by the department.

(E) Application of Level Two (2) Authority. If a municipality or public sewer district wishes to provide wastewater collection and/or treatment services on a regional or watershed basis as outlined in paragraph (2)(B)2. of this rule, the entity shall— 1. Submit a preliminary request to the Missouri Clean Water Commission through the department to obtain higher

2. Develop a plan, which includes, but is not limited to— A. A discussion of regional treatment service;

B. Capital improvements program;

C. Process to provide waivers when sewer connection is not available;

D. Approach to address permit compliance with facilities in the service area;

E. Community financial capability information; and F. Defined service area map;

3. Obtain and maintain authority through ordinances to compel wastewater users and facilities to connect for management of wastewater flows. The ordinance requires the recipient to notify all potential users of service availability and that all users connect to the system within the time frame provided in the notice of service availability. Submit a copy of the enacted ordinance;

4. Provide a public meeting prior to approval of the plan developed according to paragraph (2)(E)2. of the rule and the draft ordinance. Distribution of information and the publication of the notice of decision making should occur for at least thirty (30) days. Following the public meeting, provide a copy of the transcript, attendance log, recording, or other complete record to the department;

5. Submit a final request to the Missouri Clean Water Commission through the department, meeting the requirements of paragraphs (2)(E)1.-4. of this rule, incorporating preliminary recommendations provided by the Missouri Clean Water Commission. Department staff will review the plan and present recommendations to the Missouri Clean Water Commission for action; and 6. Update their plan at least once every ten (10) years for the department’s approval. Updated plans shall meet the requirements of paragraphs (2)(E)2.–5. and shall be made available to the public by the level two (2) authority. Existing approved level two (2) authorities shall submit their first update within eighteen (18) months of the effective date of this

rule amendment.

(3) Antidegradation. Applicants seeking new or expanded discharges shall submit an antidegradation review request in accordance with the requirements of 10 CSR 20-7.031(3).

Applicants for a new or amended no-discharge Missouri state operating permit, or applicants for new or amended no-discharge construction permits, are not required to submit a request for an antidegradation review.

(A) Applicants may submit their request on forms provided by the department, and other information in support of the project, including, but not limited to, the following:

1. The Water Quality Review Assistance Antidegradation Review Request form, and the appropriate attachments;

2. An antidegradation report detailing the proposed project;

3. Any additional information, evidence, documentation, technology performance information, modeling, or monitoring data consistent with the Missouri Antidegradation Rule and Implementation Procedure, which is incorporated by reference in 10 CSR 20-7.031(3)(D); and 4. The appropriate fee according to 10 CSR 20-6.011.

(B) Public comment. The department shall place a public notice of the antidegradation determination on the department’s website and allow the public an opportunity to provide comments for a minimum of thirty (30) days. The antidegradation determination may be revised as a result of comments received.

(C) Notification in writing. A final determination whether the antidegradation is applicable, approved, or denied shall be provided in writing to the applicant by the department.

(4) Facility Plans and Engineering Reports. Applicants seeking a construction permit shall submit a facility plan or engineering report unless otherwise designated by the department.

(A) Submit the engineering report and/or facility plan and obtain department approval prior to submittal of the construction permit application, including the following, as applicable:

1. A signed facility plan or engineering report. All facility plans and engineering reports are to be signed and sealed by a Missouri registered professional engineer, and contain information in accordance with 10 CSR 20-8;

2. Identify the alternative technical manuals and design criteria utilized that are different from the design standards provided in 10 CSR 20-8.110 through 10 CSR 20-8.220;

3. Submit an electronic version (in portable document format (PDF) searchable format or department-approved equivalent) for review. To aid in review efficiency, the applicant may also submit paper copies of the documents, particularly those in large format. The department may request paper copies in addition to the electronic version;

4. For engineering reports— A. Submit a plan of the existing and proposed sewers for projects involving new sewer systems and substantial additions to existing systems;

B. Submit a plan for projects involving construction or revision of pumping stations; and C. Provide the design basis and operating life; and 5. For facility plans— A. Submit an approved water quality review and antidegradation evaluation or determination for all new and expanding facilities, in accordance with 10 CSR 20-7.031(3).

For non-funded projects, information submitted as part of the antidegradation report does not have to be resubmitted with the facility plan;

B. Evaluate the feasibility of constructing and operating a facility with no discharge to waters of the state if the report is for a new or modified wastewater treatment facility;

C. Evaluate the economics of the project including alternatives to constructing a discharging system, including an evaluation of alternatives of wastewater irrigation or subsurface dispersal and connection to a regional wastewater treatment facility;

D. A geohydrologic evaluation conducted by the department’s Missouri Geological Survey, for all proposed new construction, new or major modification of earthen basins, new outfall locations, and subsurface dispersal sites; and E. A land application site evaluation conducted by the department’s Missouri Geological Survey for all proposed land application sites.

(B) Engineering reports and/or facility plans are exempt for the following non-funded projects:

1. Disinfection equipment projects for treatment types promulgated in 10 CSR 20-8.190;

2. Projects exempted from construction permitting under subsection (5)(B) of this rule;

3. Sewer extensions permitted under the general construction permit provided in subsection (5)(C) of this rule;

4. Sewer projects that submit a Missouri registered professional engineer’s Sewer Extension Design Certification with the permit application; and 5. Treatment plants and/or sewer extensions by a permittee with their own authority under section (6) of this rule, if they are not receiving department funding.

(5) Construction Permits.

(A) Any person who installs, builds, erects, alters, or modifies any collection system, earthen basin, or wastewater treatment facility shall first receive a construction permit issued by the department for any of the following activities:

1. New or modified domestic wastewater discharges;

2. New or modified surface and subsurface wastewater treatment for private or domestic wastewater treatment facilities;

3. New or modified earthen basins used for wastewater storage or treatment including industrial operations and Class I concentrated animal feeding operations;

4. Sewer extensions and/or pump stations unless exempted by this section; or 5. Innovative technologies for wastewater treatment, as defined by 10 CSR 20-8.110.

(B) The following activities are exempt from construction permitting when the activities meet the applicable standards in 10 CSR 20-2 through 10 CSR 20-9. Projects exempt from construction permitting may require professional engineering, as defined in section 327.181, RSMo:

1. Construction of a separate storm sewer;

2. Sewer extensions of one thousand feet (1,000') or less, including gravity sewers and/or force mains, with no more than one (1) pump station;

3. Class II and smaller animal feeding operations (AFO), as designated in 10 CSR 20-6.300;

4. Nondomestic discharges of process wastewater except discharges utilizing an earthen basin;

5. Stormwater best management practices, as defined in 10 CSR 20-6.200;

6. Industrial facilities connecting to a publicly owned treatment works;

7. Treatment facilities evaluated and constructed under other department programs;

8. Systems adding common metal salts for phosphorus removal prior to existing liquid-solids separation and tertiary filtration;

9. Adding pre-engineered dechlorination equipment;

10. Solids processing equipment;

11. Like-for-like replacement (e.g., replacing eight-inch (8") pipe with eight-inch (8") pipe at the same location and grade, but material type may be different);

12. Outfall relocation within the same receiving stream, close proximity to the existing outfall, and upon review by the 13. Projects as determined by the department through a written determination; and 14. Minor projects that change equipment or operations, but do not affect the overall capacity of the treatment or treatment type, including, but not limited to— A. Internal piping changes;

B. pH adjustment;

C. Addition of solids storage tanks;

D. Screening equipment;

E. Grit removal equipment;

F. Administrative buildings;

G. Fences and access roads;

H. Flow measuring devices;

I. Mixing equipment;

J. Addition and/or improvement of sampling equipment;

K. Replacement of aeration equipment; and L. Polymer additives.

(C) General Permits for Sewer Extension Construction. Persons may apply for a general construction permit for construction of gravity sewer line extensions, pump stations, and force mains.

(D) An applicant must submit a separate construction permit application for each collection system or wastewater treatment facility to the department. Where there are multiple releases from a single operating location, however, one (1) application may cover all facilities and releases. Responsible authorities that operate a wastewater treatment facility and have one (1) or more other noncontinuous stormwater discharges associated with the facility may submit only one (1) application.

(E) Demonstration Projects. Demonstration and pilot projects are used to validate innovative processes for which minimum design criteria is not well established. Demonstration or pilot projects shall be approved by the department prior to implementation of the new technology process or equipment.

1. Pilot project installations are those whose discharge is returned to the existing treatment facility. They are installed for a period of one (1) year and are exempt from obtaining a construction permit after obtaining department approval of the project evaluation. Refer to paragraph (1)(B)8. of this rule.

A. The project evaluation requirements are identified in 10 CSR 20-8.110(6). Pilot project installations are temporary and coordinated to ensure water quality is protected.

2. A demonstration project installation is a full-scale innovative technology process. All antidegradation, operating permit, and construction permitting requirements apply.

A. Full-scale demonstration projects in Missouri are not exempt from antidegradation or permit requirements.

B. The treatment process must be based on reasonable and sound engineering principles. Include a project evaluation of a technical performance demonstration of treating pollutants of concern in Missouri or locations with a climate similar to Missouri. The expected project evaluation details are outlined in 10 CSR 20-8.110(6) including review of design criteria.

C. An operating permit modification depends on the nature of the treatment process and will be determined during project review of the facility evaluation or plan.

3. The technology remains a demonstration process until documentation verifies consistent successful performance as designed for treatment of pollutants of concern for twelve (12) consecutive months at three (3) sites in Missouri or locations with a climate similar to Missouri. Design subsequent installations of verified treatment processes based on established design criteria.

(F) An applicant must submit an application for a construction permit to the department at least one hundred eighty (180) days for a wastewater treatment facility or sixty (60) days for collection system projects in advance of the date on which construction begins.

(G) An application for a construction permit shall be made on forms provided by the department and the submittal shall include the following items:

1. A construction permit application form signed— A. For a corporation or limited liability company, by an individual having responsibility for the overall operation of the regulated facility or activity, such as the plant manager, or by a delegated individual having overall responsibility for environmental matters at the facility;

B. For a partnership or sole proprietorship, by a general partner or the proprietor respectively; or C. For a municipal, state, federal, or other public facility, by either a principal executive officer or by a delegated individual having overall responsibility for environmental matters at the facility;

2. Appropriate permit fee according to 10 CSR 20-6.011;

3. An electronic copy of the construction permit application and the information listed below in portable document format (PDF) searchable format or department approved equivalent.

To aid in review efficiency, the applicant may also submit paper copies of the documents, particularly those in large format. The department may request paper copies in addition to the electronic version;

4. An approved water quality review and antidegradation evaluation or determination for all proposals requiring an antidegradation review, in accordance with 10 CSR 20-7.031(3);

5. A summary of design, signed, sealed, and dated by a Missouri registered professional engineer, that contains information in accordance with 10 CSR 20-8;

6. Detailed engineering plans, signed, sealed, and dated by a Missouri registered professional engineer, that contain information in accordance with 10 CSR 20-8, or other regulations as applicable;

7. Detailed technical specifications, signed, sealed, and dated by a Missouri registered professional engineer, that contain information in accordance with 10 CSR 20-8, or other regulations as applicable;

8. A map showing the location of all outfalls and permitted features, with scale, as well as a process flowchart indicating the contributing process to each outfall and permitted feature;

9. Other information necessary to determine compliance with the Missouri Clean Water Law and these regulations as required by the department.

(H) If an application is incomplete or otherwise deficient, the 1. Applicants who fail to satisfy all department technical comments in a time frame established by the department, after two (2) comment letters or emails with receipt confirmed, may have the application returned as incomplete and shall forfeit the construction permit application fees.

2. The department shall act after receipt of all documents and information necessary for a properly completed application, as listed in subsection (5)(G) of this rule above and including appropriate filing fees, and other supporting documents as necessary, by either issuing or denying the construction 3. The applicant may submit a written request that additional time is needed prior to the conclusion of the set time frame. The department shall grant reasonable time extensions.

(I) Notification in writing. A final determination whether the construction permit is approved, approved with conditions, or denied with reason, shall be provided in writing to the applicant by the department within one hundred eighty (180) days.

(J) Construction permits shall expire two (2) years from the date of issuance unless the permittee notifies the department within their application of the necessity for a longer construction period or the permittee applies for an extension.

1. Submit requests for construction permit extension thirty (30) days prior to expiration. If there are changes, the department may require the applicant to apply for a new construction permit.

(K) The minimum design standards requirements set forth in

**History**
- *authority for a Missouri state operating permit within the area of its approved plan or jurisdiction in place of the permit applicant, unless the permit applicant shows that it meets one (1) of the applicability exemption criteria in subsection (2)(C). A third party that is a level one (1) authority, level two (2) authority, or a level three (3) authority with an ordinance requiring connection or prohibiting independent systems and that is proposing connection or adoption must submit a written request during the public participation process set forth in 10 CSR 20-6.020(1) to be the responsible authority for a permit for which they are not the permit applicant. A third party that is not the permit applicant cannot request to be the responsible authority for industrial stormwater permits, industrial no-discharge permits, municipal stormwater permits, construction stormwater permits, and permits for which the applicant meets any of the applicability exemption criteria in subsection (2)(C).*
- *authority, level two (2) authority, or a level three (3) authority with an ordinance requiring connection or prohibiting independent systems proposes connection or adoption and seeks to be the responsible authority under subsection (2)(B) of this rule.*
- *authority;*

##### **10 CSR 20-8** do not preclude the department or the applicant from utilizing other published technical design guides during the application review process to ensure effluent limitations can be met. The department may request additional information and engineering justification to determine the facility’s ability to meet effluent limits. {#sec-10-csr-20-8 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8}

(L) Issuance of a construction permit does not constitute a guarantee by the department that the finished wastewater treatment facility will meet specified effluent limitations.

(M) A site-specific operating permit application and appropriate modification fee shall be submitted with the construction permit application to allow for public participation prior to the issuance of a construction permit. An operating permit application and modification fee is not required with the construction permit application when— 1. Effluent limits and permit conditions have been established and the public notice and comment procedures were previously completed as part of an operating permit renewal;

2. The required public notice and comment procedures were completed as part of the antidegradation review;

3. No new effluent limits and conditions need to be established in the existing operating permit, such as a facility description change; or 4. Applicant is seeking a new general permit.

(N) The owner, owner’s designee, or the professional engineers shall certify a project is complete or substantially complete, with the submittal of a Statement of Work Completed form.

1. Submit as-built plans, clearly showing the alterations, upon department request.

2. A representative of the department may inspect the completed work in order to determine that the completed work substantially adheres to the submitted engineering plans, technical specifications, Missouri Clean Water Law, and Missouri Clean Water Commission regulations.

(6) Supervised Programs.

(A) Applicability. Responsible authorities with at least one (1) existing wastewater treatment facility with a design flow one million gallons per day (1 MGD) may be granted supervised program approval by the department. Supervised program approval exempts the permittee from the construction permit requirements for collection system and treatment plant works.

1. For collection system approval, the program solely applies to sanitary and/or combined sewer lines and appurtenances within a defined boundary under the responsible

2. For treatment plant approval, the program solely applies to responsible authorities conducting their own construction that is funded by the entity, in lieu of submitting plans and specifications for expansion or modification of existing treatment facilities. Responsible authorities desiring treatment plant approval must also have a collection system authority approved by the department.

3. If a project is receiving funding from the department under 10 CSR 20-4, the department may require the responsible

**History**
- *authority’s control that ultimately discharges to a wastewater treatment facility owned by the same responsible authority.*
- *authority to obtain a construction permit in compliance with*

##### **10 CSR 20-4** and 10 CSR 20-8. {#sec-10-csr-20-4 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-4}

4. If the facility is in noncompliance with the Missouri Clean Water Law, this may be reason for denial, suspension, or termination of the supervised program approval.

(B) Request Submittal. Authorities requesting supervised program approval may submit a request to the department with the following information regarding the system, treatment plant, capacity, and current procedures. The department shall review the request, supporting documentation, and may ask for additional information if necessary to determine compliance with the Missouri Clean Water Law and these regulations.

The department shall inform the permittee in writing of its decision. Approval may be granted for a period of up to five (5) years in the applicant’s operating permit.

1. General information submittal— A. A statement that the responsible authority employs or contracts a sufficient number of Missouri registered professional engineers and other staff qualified to review plans, issue permits, prepare reports, inspect construction, and enforce local and state requirements for each sewer extension and treatment plant project. If the responsible authority engages outside firms, provide a copy of the minimum responsibilities and expectations of the consulting engineer and what oversight the responsible authority will have. Reviews must be independent of the designer to avoid conflicts of interest;

B. A statement that the responsible authority employs or contracts a sufficient number of persons qualified to supervise construction or that the responsible authority has enforceable ordinances which require construction supervision and subsequent certification by a Missouri registered professional engineer;

C. A statement on how the responsible authority maintains permanent records of approvals, sewer extensions, and treatment plant construction project and the retention policy for reports and project documentation; and D. A copy of the procedures followed in reviewing, approving, and inspecting the construction of collection systems by others and for handling the design and construction of collection systems to be built by its own staff or contractors delineating the responsibilities between the designers and the reviewers must be present.

2. For collection system approval, applicants shall submit the following information:

A. Standard technical specifications and typical detail drawing, prepared, signed, and sealed by a Missouri registered professional engineer, in accordance with 10 CSR 20-8.110. Standard technical specifications and detail drawings complying with 10 CSR 20-8.120 through 10 CSR 20-8.130, and all other necessary appurtenances;

B. An engineering report discussing the remaining capacity of the existing collection system, including each pump station, and the available capacity of the wastewater treatment facility serving each area. Refer to 10 CSR 20-8.110(4);

C. A current layout map, or maps, of the collection system showing street names, sewer line material types, sizes, and lengths, manholes, pump stations, force mains, air release valves, and other sewer appurtenances as necessary, or a detailed description of the responsible authority’s mapping system and the procedures for updating the system; and D. A copy of the enacted ordinance enforcing the standard technical specifications and typical detail drawings.

3. For treatment plant approval, applicants shall submit the following information:

A. A copy of procedures to be followed in reviewing, approving, and inspecting the construction of wastewater treatment facilities by others and for retaining as-built plans following completion of the project, prepared by a Missouri registered professional engineer, in accordance with 10 CSR 20-8.110;

B. A facility plan discussing existing treatment plant(s), along with a summary of design discussing the remaining capacity of each existing wastewater treatment facility. Refer to 10 CSR 20-8.110(5);

C. Standard specifications and typical appurtenance construction details; and D. Following completion of the project, retain as-builts to be available for review, upon request.

(C) Operating Permit. Supervised program approval shall be granted through the applicant’s operating permit for a period of up to five (5) years. The operating permit may contain additional reporting requirements including, but not limited to, a summary report for an approved period.

1. Treatment plant authority.

A. Antidegradation. Submittal and approval of an antidegradation review is required prior to any construction that will increase facility capacity, add or increase pollutants of concern, or change receiving stream. Refer to section (3) of B. Operating Permit Modifications. Submit applications for operating permit modifications, when applicable, at least one hundred eighty (180) days before the date the facility begins to receive wastewater, unless permission for a later date has been granted by the department.

C. Technologies not established or discussed in 10 CSR 20-8 are not allowed for the Treatment Plant Approval.

(D) Summary Report. A report summarizing the construction activities will be contained in the operating permit application renewal for reauthorization.

1. For facilities with Collection System approval:

A. Name of sewer extension;

B. Length of sewer and force main;

C. Capacity of each new or upgraded pump station, if applicable;

D. Date sewer extension permit is issued;

E. Date sewer extension construction is accepted;

F. The ultimate receiving wastewater treatment facility;

G. The remaining long term average capacity of each wastewater treatment facility; and H. Upon request, detailed project information on design flow, leakage, deflection, and inspections.

2. For facilities with Treatment Plant approval:

A. The projects planned, ongoing, or completed;

B. The remaining long-term average capacity of each treatment facility;

C. As-builts for new or expanded treatment facilities;

D. Documentation and engineering justification of new or expanded treatment facilities of design components, which at a minimum meet the requirements in 10 CSR 20-8, Minimum Design Standards.

(E) Reauthorization. A request for reauthorization must be submitted at least one hundred eighty (180) days prior to expiration reaffirming (6)(B) of this rule. The department may conduct a site visit to review the request and summary report prior to reauthorization.

(7) Operating Permits.

(A) Persons who operate, use, or maintain any water contaminant source, point source, or wastewater treatment facility that discharges to waters of the state shall obtain an operating permit from the department before any discharge or regulated land application occurs. The operating permit shall be issued to the responsible authority. No-discharge facilities for the treatment or removal of wastes, wastewater, or residuals shall obtain permits as provided in 10 CSR 20-6.015.

(B) Applications.

1. An application for an operating permit must be submitted on forms provided by the department. The applications may be supplemented with copies of information submitted for other federal or state permits. The application submittal shall include— A. A map showing the location of all outfalls, with scale, as well as a flowchart indicating each process which contributes to an outfall;

B. Appropriate permit fee according to 10 CSR 20-6.011;

C. An antidegradation preliminary determination for new and expanding discharging facilities;

D. A geohydrologic evaluation or land application site evaluation conducted by the department’s Missouri Geological Survey for new and expanded facilities as determined necessary by the department;

E. If appropriate, a variance petition, with the information detailed in section (15) of this rule;

F. An engineering certification, signed, sealed, and dated by a Missouri Registered Professional engineer, that the project was designed to meet the requirements of 10 CSR 20-8 for projects exempted from construction permitting requirements in section (5) of this rule; and G. If applicable, the integrated management plan, land application management plan, or nutrient management plan developed by the applicant to address infrastructure needs and permitting timelines.

2. All applications must be signed as follows:

A. For a corporation or limited liability company, by an individual having responsibility for the overall operation of the regulated facility or activity, such as the plant manager, or by an individual having overall responsibility for environmental matters at the facility;

B. For a partnership or sole proprietorship, by a general partner or the proprietor respectively; or C. For a municipal, state, federal, or other public facility, by either a principal executive officer or by an individual having overall responsibility for environmental matters at the facility.

(C) Applications for renewal of site-specific operating permits must be received at least one hundred eighty (180) days either before the expiration date of the present site-specific operating permit or the date the facility begins to receive wastewater unless permission for a later date has been granted by the department. The department shall not grant permission for applications to be submitted later than the expiration date of the existing permit.

(D) For facilities seeking coverage under a general operating permit, the application for renewal shall be submitted according to section 644.051.16, RSMo.

(E) Separate operating permits may be required for land application fields in different department regions at the department’s discretion.

(F) All reports required by the department shall be submitted and signed by a person designated in paragraph (7)(B)2. of this

rule or a duly authorized representative, if— 1. The representative so authorized is responsible for the overall operation of the facility from which the discharge occurs; and 2. The authorization is made in writing by a person designated in paragraph (7)(B)2. of this rule and is submitted to the department.

(8) Terms and Conditions of Permits.

(A) The following shall be incorporated as terms and conditions of all permits:

1. All discharges and solids removal shall be consistent with the terms and conditions of the permit;

2. The permit may be modified or revoked after thirty (30) days’ notice for cause including, but not limited to, the following causes:

A. A violation of any term or condition of the permit;

B. A misrepresentation or failure to fully disclose all relevant facts in obtaining a permit;

C. A change in the operation, size, or capacity of the permitted facility; and D. The permit may be modified after proper public notice and opportunity for comment when a wasteload allocation study has been completed showing that more stringent limitations are necessary to protect the in-stream water quality;

3. The permit may not be modified so as to extend the term of the permit beyond five (5) years after its issuance;

4. Permittees shall operate and maintain facilities to comply with the Missouri Clean Water Law and applicable permit conditions and regulations.

5. The permittee shall allow the department or an authorized representative (including an authorized contractor acting as a representative of the department), upon presentation of credentials to, at reasonable times— A. Enter upon permittee’s premises in which a point source, water contaminant source, or wastewater treatment facility is located or in which any records are kept according to the terms and conditions of the permit;

B. Have access to, or copy, any records that are kept according to the terms and conditions of the permit;

C. Inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under a permit; and D. Sample or monitor for the purposes of assuring permit compliance or as otherwise authorized by the Federal Clean Water Act or Missouri Clean Water Law, any substances or parameters at any location.

6. If the permit is for a discharge from a publicly owned treatment works, the permittee shall give adequate notice to the department of the following:

A. Any new introduction of pollutants into the treatment facility from an indirect discharger which would be subject to Sections 301 or 306 of the Federal Clean Water Act if it were directly discharging those pollutants;

B. Any substantial change in the volume or character of pollutants being introduced into that treatment facility at the time of issuance of the permit; and C. For purposes of this subparagraph, adequate notice includes information on the following:

(I) The quality and quantity of influent introduced into the treatment facility; and (II) Any anticipated impact of the change on the quantity or quality of effluent to be discharged from the treatment facility;

7. If the permit is for a discharge from a publicly owned treatment works, the permittee shall be able to identify any introduction of pollutants or substances into the facility that alone or in combination will cause disruption of the treatment processes, violation of effluent standards in their operating permit, violation of water quality standards in the receiving stream as defined in 10 CSR 20-7.031, or classification of the residues of the treatment processes as hazardous waste as defined in 10 CSR 25-4.010. In addition, the permittee shall require any industrial user of the treatment facility to comply with the requirements of 10 CSR 20-6.100;

8. If a toxic effluent standard, prohibition, or schedule of compliance is established under Section 307(a) of the Federal Clean Water Act for a toxic pollutant in the discharge of permittee’s facility and the standard is more stringent than the limitations in the permit, then upon notice to the permittee the more stringent standard, prohibition, or schedule shall be incorporated into the permit as a condition; and 9. When a responsible authority under paragraph (2)(B)1. or 2. is expected to be available for connection, unless an exemption under subsections (2)(B) or (2)(C) applies, any operating permit issued to a permittee under this paragraph, located within the service area of the paragraph (2)(B)1. or 2. facility, shall contain the following special condition: Permittee shall cease discharge by connection to a facility with an area-wide management plan according to subsection (2)(B) of this rule within the time frame allotted by the responsible authority with its notice of its availability. The permittee shall obtain departmental approval for closure according to section (12) of this rule or alternate use of these facilities.

(B) The permit shall contain effluent limitations, monitoring requirements, and terms and conditions necessary to assure compliance with the Clean Water Law, related regulations or policies of the Missouri Clean Water Commission.

(9) Prohibitions. No permit shall be issued in the following circumstances:

(A) Where the terms and conditions of the permit do not comply with applicable guidelines or requirements, the Missouri Clean Water Law and Clean Water Commission regulations or the Federal Clean Water Act and federal regulations;

(B) Where the EPA regional administrator has properly objected to the issuance of a permit;

(C) Where the permit conditions cannot ensure compliance with the applicable water quality requirements of all other affected states;

(D) Where anchorage and navigation would be substantially impaired based on the judgment of the United States Army Corps of Engineers’ district engineer;

(E) For the discharge of any radiological, chemical, or biological warfare agent or high level radioactive waste;

(F) For any discharge inconsistent with a plan or plan amendment approved under Section 208(b) of the Federal Clean Water Act; or (G) To a facility which is a new source or a new discharger, if the discharge from the construction or operation of the facility shall— 1. Cause or contribute to the violation of water quality standards if the discharge is located in a segment that was an effluent limitation segment, prior to the introduction of the discharge from the new source or discharger; or 2. Exceed its pollutant load allocation if the discharge is into a water quality limited segment.

(10) Operating Permit Renewal and Expiration Dates.

(A) Missouri state operating permits may be issued for a period not to exceed five (5) years.

(B) Whenever a release or a potential for release from a point source, water contaminant source, or wastewater treatment facility is permanently eliminated, the existing operating permit will be terminated.

(C) Continuation of Expiring Permits.

1. The terms and conditions of an expired permit are continued automatically pending issuance of a renewed operating permit if— A. The permittee submitted a timely and sufficient application for a renewed operating permit under this rule; and B. The department is unable, through no fault of the permittee, to issue a renewed operating permit before the expiration date of the previous permit.

2. Permits continued under paragraph (10)(C)1. remain fully effective and enforceable.

(11) Permits Transferable.

(A) Subject to subsection (2)(A), a construction permit and/or operating permit may be transferred upon submission to the department of an application to transfer signed by the existing responsible authority and the new responsible authority.

1. Until the time the permit is officially transferred, the original permittee remains responsible for complying with the terms and conditions of the existing permit.

2. To receive a transferred permit, the new responsible

3. The new responsible authority shall be responsible for complying with the terms and conditions of the permit upon transfer.

(B) The department, within thirty (30) days of receipt of the application, shall notify the new applicant of its decision to revoke and reissue or transfer the permit.

(C) For facilities with construction and/or operating permits that the department is unable to reissue within thirty (30) days of the transfer application, the construction and/or operating permit may be transferred to the new permittee if— 1. The current permittee notifies the department at least thirty (30) days in advance of the proposed transfer date;

2. The notice includes a complete application for transfer between the existing and new permittees containing a specific date for transfer of construction and/or permit responsibility, coverage, and liability between them; and 3. The department does not notify the existing permittee and the proposed new permittee of its decision to revoke and reissue or transfer the operating permit. If no objection is received from the department within thirty (30) days of receipt of the notice, the transfer is effective on the date specified in the agreement.

(12) Closure of Treatment Facilities.

(A) Persons who cease operation or plan to cease operation of waste, wastewater, and sludge handling and treatment facilities shall close the facilities in accordance with a closure plan approved by the department.

(B) Closure plans shall address wastewater and sludge handling, dewatering activities, removal of treatment structures, removal of solid waste or leaving in place as clean fill, and site grading and site shaping so that ponding does not occur.

(C) Closure plans shall be submitted to the department no later than ninety (90) days after ceasing operations. The responsible authority shall complete closure activities within the time frame provided in the approved closure plan.

(D) Operating permits under section (7) of this rule or under

**History**
- *authority must complete an application according to section (5) and/or section (7) of this rule and demonstrate to the department that the new responsible authority agrees to be responsible for compliance with the permit.*

##### **10 CSR 20-6.015** are required until all waste, wastewater, wastewater solids/sludges, and any solid wastes have been properly handled in accordance with the closure plan approved by the department under subsection (12)(A) of this rule, and any disturbed areas have been properly stabilized. {#sec-10-csr-20-6.015 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.015}

(13) General Operating Permits.

(A) The department may issue a general operating permit in accordance with the following:

1. The general operating permit covers a category of discharges described in the permit except those covered by site-specific permits within a geographic area. The area corresponds to existing geographic or political boundaries, such as— A. Designated planning areas under Sections 208 and 303 of the Federal Clean Water Act;

B. City, county, or state political boundaries, or special sewer districts;

C. State highway systems; and D. Any other appropriate division or combination of boundaries; and 2. The general operating permit regulates a category of point sources if the sources all— A. Involve the same or substantially similar types of operations;

B. Discharge the same types of wastes/wastewaters;

C. Require the same effluent limitations or operating conditions;

D. Require the same or similar monitoring; and E. Are controlled more appropriately, in the opinion of the department, under a general operating permit than under site-specific permits.

(B) General operating permits may be issued, modified, revoked and reissued, or terminated in accordance with applicable requirements of this regulation. To be included under a general operating permit, submit an application on forms supplied by the department.

(C) The department may require any person authorized by a general operating permit to apply for and obtain a site-specific operating permit. Any interested person may petition the department to take action under this subsection. Cases where a site-specific operating permit may be required, include, but are not limited to, the following:

1. The discharge(s) is a significant contributor of pollution which impairs the beneficial uses of the receiving water;

2. The discharger is not in compliance with the conditions of the general operating permit; and 3. A Water Quality Management Plan containing requirements applicable to these point sources is approved by the (D) Any responsible authority authorized by a general operating permit may request to be excluded from the coverage of the general operating permit by applying for a site-specific 1. When a site-specific operating permit is issued to a responsible authority otherwise subject to a general operating permit, the applicability of the general operating permit is terminated automatically on the effective date of the site-specific permit.

2. A source excluded from a general operating permit solely because it already has a site-specific permit may request that the site-specific permit be revoked and that it be covered by the general operating permit, if it meets all the requirements for coverage.

(E) The department may require any person applying for a site-specific permit to obtain a general operating permit when the source meets the conditions of the general operating permit.

(14) Hydrostatic Testing. Persons discharging water used for the hydrostatic testing of new pipelines and storage tanks are exempt from permitting if the discharge is de minimis (less than one thousand (<1,000) gallons) or the person takes the following steps:

(A) Discharge Limits. The discharge must meet the following limits:

1. 100 mg/L total suspended solids;

2. pH:

A. Missouri or Mississippi Rivers, in the range from 6.0 to 10.0 standard units; or B. All other waters, in the range from 6.5 to 9.0 standard units;

3. 0.32 mg/l ethylbenzene;

4. 0.005 mg/L benzene;

5. 1.0 mg/L toluene; and 6. 10.0 mg/L xylene.

(B) Sampling and testing requirements. One (1) grab sample shall be taken per discharge during the first sixty (60) minutes of the discharge and be analyzed for the pollutants listed in (14)(A) of this rule as well as total discharge volume in gallons (C) Exception reporting. If any of the sampling results from the hydrostatic test discharge show any exceedance of (14)(A) limits, provide written notification, including the date of the sample collection, the analytical results, and a statement concerning the modifications in management practices that are being implemented to address the violation within five (5) days of notification of analytical results to the department.

(D) The hydrostatic testing water shall not contain dyes or have a visible sheen indicating the presence of petroleum products.

(E) Any person who irrigates wastewater from a hydrostatic test may do so under this rule if the irrigation does not result in any discharge to waters of the state. The quality of the irrigated wastewater is not required to meet the limits in (14)(A).

(F) Persons discharging under this exemption are not required to obtain a separate permit to construct and operate an oil-water separator to aid in meeting limits for hydrostatic wastewater.

(15) Variance Request Process.

(A) Water Quality Standards Variance. Any person, permittee, or group of permittees seeking a variance shall file a petition for variance with the department according to 40 CFR 131.14, as published August 21, 2015 by the EPA Docket Center, EPA West 1301 Constitution Avenue NW., Washington, DC 20004.

This rule does not incorporate any subsequent amendments or additions.

(B) Non-water Quality Standard Variance. Any person, permittee, or group of permittees seeking a variance shall file a petition for variance with the department according to section 644.061, RSMo.

(C) Provisional Variance.

1. A provisional variance is a short-term, time-limited reprieve from limitations, rules, standards, requirements, or order of the director because of conditions beyond the reasonable control of the permittee would result in an arbitrary or unreasonable hardship, and the compliance costs are substantial and reasonably certain.

2. In accordance with section 644.062, RSMo, any person or permittee may apply for a provisional variance for limitations, rules, standards, requirements, or orders from the department pursuant to sections 644.006 through 644.141, RSMo. A provisional variance may not be granted under this regulation for limitations, rules, standards, requirements, or orders from the department pursuant to other statutes. The application for a provisional variance shall include information in accordance with subsection (15)(A) of this rule.

3. The provisional variance is issued by the department and may be retroactively applied upon permittee request. If a provisional variance is granted, notice shall be given using the same method prescribed for operating permits issued by the department in 10 CSR 20-6.020. The department shall promptly notify the applicant of the decision in writing and file the decision with the Missouri Clean Water Commission. Granting of a provisional variance is documentation of the department’s enforcement discretion. There is no public notice period prior to issuance of a provisional variance. If retroactively granted, the permittee shall submit appropriate modified reports (such as discharge monitoring or those prescribed in a permit) within twenty (20) days of the provisional variance issuance date.

4. Provisional variances shall not be granted for the A. In the department’s judgment said variance would endanger public health, cause significant harm to aquatic life or wildlife, result in damage to property, or other demonstrable and measurable harm to downstream interests;

B. In anticipation of federal approval of any changes to a state water quality standard;

C. From the requirement to obtain a permit for an activity, in accordance with 10 CSR 20-6 and Chapter 644, RSMo;

D. To allow an activity which would otherwise require a permit to begin before the department issues or denies a permit; or E. To allow a facility to exceed a permit limitation while the department considers an application to modify the permit limitation.

5. A provisional variance may be issued for up to fortyfive (45) days, and may be extended once for up to an additional forty-five (45) days. The appropriate length of the provisional variance shall be determined at the discretion of the department.

A. Provisional variances may be issued for periods less than forty-five (45) days, or terminated earlier than the length of time specified at issuance, at the permittee’s request (assuming that the variance is no longer essential for compliance).

B. The provisional variance may be granted subject to conditions determined necessary by the department. In order to qualify for an extension, a demonstration that the conditions under which the previous variance were granted still exist or are substantially similar.

C. In no case shall a provisional variance be granted to the same facility for more than ninety (90) days within the same calendar year.

6. Should a facility apply for multiple provisional variances or a single variance for the maximum ninety (90) days allowed, a long-term plan to eliminate the need for relief from the same limit, rule, standard, requirement, or order, subject to the restrictions set forth above, needs to accompany the request in order for the application to be considered complete.

7. If the provisional variance is issued for a delay of implementation of limitations, rules, standards, requirements, or orders from the department to correct a violation, section 644.042, RSMo, requires the applicant post a performance bond or other security to assure completion of the work covered by the variance. The proof of financial responsibility may be in the form of a surety bond, CD, or irrevocable letter of credit and be subject to the following:

A. The bond is signed by the applicant as principal, and by a corporate surety licensed to do business in the state of Missouri;

B. The bond remains in effect until the terms and conditions of the variance are met and rules and regulations promulgated pursuant thereto are complied with;

C. It is on file with the department;

D. It is made payable to the department; and E. If the bond, CD, or letter of credit is cancelled by the issuing agent, submit new proof of financial responsibility within thirty (30) days of cancellation, or the provisional variance will be cancelled.

rule filed June 6, 1974, effective June 16, 1974. Rescinded: Filed Oct. 16, 1979, effective July 10, 1980. Readopted: Filed Feb. 4, 1980, effective July 11, 1980. Amended: Filed Sept. 8, 1981, effective Feb. 11, 1982. Amended: Filed Nov. 10, 1982, effective May 12, 1983.

Amended: Filed Sept. 11, 1984, effective March 12, 1985. Amended:

Filed Feb. 1, 1988, effective June 13, 1988. Amended: Filed Sept. 13, 1988, effective Feb. 14, 1989. Amended: Filed July 15, 1991, effective Jan. 13, 1992. Amended: Filed March 1, 1996, effective Nov. 30, 1996. Amended: Filed Nov. 3, 1997, effective July 30, 1998.

Amended: Filed May 15, 2003, effective Jan. 30, 2004. Amended:

Filed May 12, 2008, effective Feb. 28, 2009. Amended: Filed March 16, 2009, effective Dec. 30, 2009. Emergency amendment filed July 14, 2011, effective Oct. 31, 2011, expired April 27, 2012. Amended:

Filed July 14, 2011, effective April 30, 2012. Amended: Filed June 13, 2018, effective Feb. 28, 2019. ** Amended: Filed June 30, 2022, effective Feb. 28, 2023. Amended: Filed Nov. 25, 2025, effective July 30, 2026. *Original authority: 640.710, RSMo 1996, and 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012, 2014. **Pursuant to Executive Order 21-07, 10 CSR 20-6.010, paragraph (5)(G)3. was suspended from April 8, 2020 through May 25, 2021.

Op. Atty. Gen. No. 53, Lafser (1-26-79). The point source discharges of pollutants from federal facilities within the state of Missouri are subject to the same NPDES program requirements as are any other point source discharges of pollutants subject to the Missouri Clean Water Law and regulations.

Op. Atty. Gen. No. 156, Wilson (8-18-76). The initial responsibility for issuing Clean Water Commission permits under

section 204.051, RSMo Supp. 1975 rests with the director of the Department of Natural Resources acting in his/her capacity of administering Department of Natural Resources programs relating to environmental control and executing policies established by the Clean Water Commission.

**History**
- *AUTHORITY: sections 640.710 and 644.026, RSMo 2016. Original*

##### **10 CSR 20-6.011** Fees {#sec-10-csr-20-6.011 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.011}

PURPOSE: This regulation explains how the Department of Natural Resources implements fees authorized by the Missouri Clean Water Law. It sets the procedures for collection of fees from permit holders. Fees are collected for state operating permits, several permits, and construction permits.

(1) Fees—General.

(A) Pursuant to section 644.057, RSMo, beginning on January 1, 2015, all persons who build, erect, alter, replace, operate, use, or maintain wastewater treatment facilities shall pay the appropriate fees prescribed by this rule.

(B) Definitions.

1. Adjusted design flow. The actual average wastewater flow from a human sewage treatment system. If the average flow is sixty percent (60%) or less than the system’s design flow, the average flow may be substituted for the design flow when calculating the permit fee on human sewage treatment facilities.

2. Definitions as set forth in the Missouri Clean Water Law and 10 CSR 20-2.010 apply to those terms when used in this

regulation.

3. Industrial process wastewater. This term as used in section 644.052, RSMo means any water, including storm water, that is regulated under 10 CSR 20-6.200, during manufacturing or processing, which comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.

4. Privately-owned treatment works. A treatment works serving a residential area, restaurant, commercial concern, or other operation that only produces domestic sewage as defined in section 701.025, RSMo.

(C) Submit fees associated with this rule to the Missouri Department of Natural Resources. In the event a check used for the payment of operating fees is returned to the department marked insufficient funds, the person forwarding the check shall be given fifteen (15) days to correct the insufficiency. If payment has not been corrected after fifteen (15) days, the person may be referred to the attorney general’s office and assessed late penalties, pursuant to section 644.055, RSMo. When a check used for the payment of a construction fee is returned to the department marked insufficient funds, review of the application shall cease and the applicant shall be notified. If the insufficiency is not corrected after ten (10) days, the application shall be returned as incomplete.

(D) Each payment shall identify the following: National Pollutant Discharge Elimination System (NPDES) permit number, payment period, and applicant, or the permittee name and address. Persons who own or operate more than one (1) facility may submit one (1) check to cover all annual permit fees, but are responsible for submitting the appropriate information to allow proper credit of each permit account.

(E) Annual fees shall be paid in full on their due date.

Permittees who only discharge intermittently, seasonally, or for a short period of time must pay the entire annual fee. Fees are annual fees and may not be prorated. In the event the discharge is eliminated, the permittee is responsible for requesting termination of the permit. When permits are revoked or denied, the annual fees are forfeited. It is unlawful to discharge water contaminants into waters of the state without a permit.

(F) Annual fees are the responsibility of the permittee. Failure to receive a statement due to mailing errors, change of address, ownership changes or other reason(s) is not an excuse for failure to remit the fees. Penalties shall be charged as provided in

section 644.055, RSMo.

(G) Where a person has the permit responsibility for more than one (1) operating permit, the department may combine the billings by issuing all operating permits with the same expiration date. Each facility will continue to operate under and be governed by the separate provisions of each individual (2) Fees—Amounts.

(A) A privately owned treatment works or an industry which treats only human sewage shall annually pay a fee based upon the design flow of the facility as follows:

1. One hundred fifty dollars ($150) if the design flow is less than five thousand (5,000) gallons per day;

2. Three hundred dollars ($300) if the design flow is equal to or greater than five thousand (5,000) gallons per day but less than ten thousand (10,000) gallons per day;

3. Six hundred dollars ($600) if the design flow is equal to or greater than ten thousand (10,000) gallons per day but less than fifteen thousand (15,000) gallons per day;

4. One thousand dollars ($1,000) if the design flow is equal to or greater than fifteen thousand (15,000) gallons per day but less than twenty-five thousand (25,000) gallons per day;

5. One thousand five hundred dollars ($1,500) if the design flow is equal to or greater than twenty-five thousand (25,000) gallons per day but less than thirty thousand (30,000) gallons per day;

6. Three thousand dollars ($3,000) if the design flow is equal to or greater than thirty thousand (30,000) gallons per day but less than one hundred thousand (100,000) gallons per day.

7. Four thousand dollars ($4,000) if the design flow is equal to or greater than one hundred thousand (100,000) gallons per day but less than two hundred fifty thousand (250,000) gallons per day; or 8. Five thousand dollars ($5,000) if the design flow is equal to or greater than two hundred fifty thousand (250,000) gallons (B) Persons who produce industrial process wastewater which requires treatment and who apply for or possess a site-specific permit shall annually pay— 1. Five thousand dollars ($5,000) if the industry is a class IA concentrated animal feeding operation as defined by the commission; or 2. For facilities issued operating permits based upon categorical standards pursuant to the Federal Clean Water Act and regulations implementing such act:

A. Four thousand two hundred dollars ($4,200) if the design flow is less than one (1) million gallons per day; or B. Five thousand dollars ($5,000) if the design flow is equal to or greater than one (1) million gallons per day.

(C) Persons who apply for or possess a site-specific permit solely for industrial storm water shall pay an annual fee of:

1. One thousand eight hundred dollars ($1,800) if the design flow is less than one (1) million gallons per day; or 2. Two thousand eight hundred dollars ($2,800) if the design flow is equal to or greater than one (1) million gallons (D) Persons who produce industrial process wastewater who are not included in subsections (2)(B) or (2)(C) of this section shall annually pay— 1. One thousand eight hundred dollars ($1,800) if the design flow is less than one (1) million gallons per day; or 2. Three thousand dollars ($3,000) if the design flow is equal to or greater than one (1) million gallons per day.

(E) Persons who apply for or possess a general permit or permit by rule shall pay— 1. For the discharge of storm water from a land disturbance site— A. Five hundred dollars ($500) if the site is at least one (1) acre and less than five (5) acres;

B. Six hundred dollars ($600) if the site is equal to or greater than five (5) acres but less than ten (10) acres;

C. Seven hundred fifty dollars ($750) if the site is equal to or greater than ten (10) acres but less than twenty-five (25) acres;

D. One thousand five hundred dollars ($1,500) if the site is equal to or greater than twenty-five (25) acres but less than one hundred (100) acres;

E. Three thousand dollars ($3,000) if the site is equal to or greater than one hundred (100) acres but less than five hundred (500) acres; or F. Five thousand dollars ($5,000) if the site is equal to or greater than five hundred (500) acres; and G. Any permit issued to a public agency or private party for multiple sites shall pay a single fee based upon the estimated acreage of all the sites as follows:

(I) One thousand five hundred dollars ($1,500) if the sites are less than one hundred (100) acres;

(II) Three thousand dollars ($3,000) if the sites are equal to or greater than one hundred (100) acres but less than five hundred (500) acres; or (III) Five thousand dollars ($5,000) if the sites are equal to or greater than five hundred (500) acres;

2. One hundred dollars ($100) annually for the operation of a chemical fertilizer or pesticide facility;

3. For the operation of an animal feeding operation or a concentrated animal feeding operation— A. Five thousand dollars ($5,000) per year for a national pollutant discharge elimination system permit or a Missouri state operating permit for a class IA concentrated animal feeding operation as defined by the commission;

B. Four hundred fifty dollars ($450) per year for a national pollutant discharge elimination system permit for a class IB concentrated animal feeding operation as defined by the commission;

C. Three hundred fifty dollars ($350) per year for a national pollutant discharge elimination system permit for a class IC or class II concentrated animal feeding operation as defined by the commission;

D. Three hundred dollars ($300) per year for a Missouri state operating permit for a class IB concentrated animal feeding operation as defined by the commission; or E. One hundred fifty dollars ($150) per year for a Missouri state operating permit for a class IC or class II concentrated animal feeding operation as defined by the commission;

4. Two hundred fifty dollars ($250) annually for the discharge of storm water from a municipal separate storm sewer system (MS4);

5. Three hundred dollars ($300) annually for the operation of an aquaculture facility;

6. For discharging publicly owned treatment works which treats only human sewage shall annually pay the fee in sub-

section (F) based upon the number of service connections to the facility;

7. One hundred fifty dollars ($150) annually for a permit by

rule and for a pesticide applicator permit.

8. Two hundred dollars ($200) annually for a permit for the discharge of process water or storm water, potentially contaminated by activities not included in paragraphs 1. to 7. of this (F) Persons with a direct or indirect sewer service connection to a public sewer system owned or operated by a city, public sewer district, public water district, other publicly owned treatment works, or any district formed pursuant to the provisions of section 30(a) of Article VI of the Missouri Constitution shall pay an annual fee per water service connection as provided in this subsection. Customers served by multiple water service connections shall pay such fee for each water service connection, except that no single facility served by multiple connections shall pay more than a total of seven hundred dollars ($700) per year. The fees provided for in this subsection shall be collected by the agency billing such customer for sewer service and remitted to the department. The fees may be collected in monthly, quarterly, or annual increments, and shall be remitted to the department no less frequently than annually. The fees collected shall not exceed the amounts specified in this subsection and, except as provided in paragraph 7. of this section, shall be collected at the specified amounts unless adjusted by the commission in rules. The annual fees shall be— 1. For customers of sewer systems that serve more than thirty-five thousand (35,000) customers, forty-eight cents ($0.48);

2. For customers of sewer systems that serve equal to or less than thirty-five thousand (35,000) but more than twenty thousand (20,000) customers, sixty cents ($0.60);

3. For customers of sewer systems that serve equal to or less than twenty thousand (20,000) but more than seven thousand (7,000) customers, seventy-two cents ($0.72); or 4. For customers of sewer systems that serve equal to or less than seven thousand (7,000) customers, eighty cents ($0.80);

5. Three dollars and forty-two cents ($3.42) for commercial or industrial customers not served by a public water system as defined in Chapter 640, RSMo;

6. Three dollars ($3) per water service connection for all other customers with water service connections of less than or equal to one (1) inch excluding taps for fire suppression and irrigation systems;

7. Eleven dollars ($11) per water service connection for all other customers with water service connections of more than one (1) inch but less than or equal to four (4) inches, excluding taps for fire suppression and irrigation systems; or 8. Twenty-nine dollars ($29) per water service connection for all other customers with water service connections of more than four (4) inches, excluding taps for fire suppression and irrigation systems.

(G) For the purpose of permit modification fees, non-substantive changes are those listed as minor modifications in 40 CFR

section 122.63. Persons requesting modifications to state operating permits that charge a service connection fee shall pay two hundred dollars ($200). Persons requesting a modification to an operating permit shall pay:

1. One hundred dollars ($100) for name changes, address changes, or other non-substantive changes, or for a modification of a general permit; or 2. A fee equal to twenty-five percent (25%) of the annual operating fee assessed for the facility for other changes;

(H) Persons requesting water quality certifications in accordance with Section 401 of the Federal Clean Water Act shall pay a fee of— 1. One hundred fifty dollars ($150) for a project that requires a Finding of No Significant Impact or other documentation pursuant to the federal National Environmental Policy Act, but does not require an environmental impact statement; or 2. One thousand five hundred dollars ($1,500) for a project that does require an environmental impact statement, pursuant to the federal National Environmental Policy Act. Applicants shall submit the standard application form for a Section 404 permit as administered by the U.S. Army Corps of Engineers or similar information required for other federal licenses and permits, except that the fee is waived for water quality certifications issued to and accepted by the U.S. Army Corps of Engineers for activities authorized pursuant to a general permit or nationwide permit issued pursuant to section 404 of the Federal Clean Water Act.

(I) Persons applying for an anti-degradation review shall pay a fee as follows:

1. Two hundred fifty dollars ($250) for an anti-degradation review or a water quality review analysis for an existing wastewater treatment plant that will be upgraded;

2. Five hundred dollars ($500) for an anti-degradation review for a new wastewater treatment plant if the design flow is less than one hundred thousand (100,000) gallons per day; or 3. One thousand dollars ($1,000) for an anti-degradation review for a new wastewater treatment plant if the design flow is equal to or more than one hundred thousand (100,000) gallons per day;

(J) Persons applying for a construction permit shall pay fee as follows. The applicant shall pay only the highest appropriate fee pursuant to paragraphs 1. to 3. of this subsection, regardless of the extent of additional planned construction as part of the same application.

1. One thousand dollars ($1,000) for a construction permit for a wastewater treatment plant if the design flow is less than five hundred thousand (500,000) gallons per day;

2. Three thousand dollars ($3,000) for a construction permit for a wastewater treatment plant if the design flow is equal to or more than five hundred thousand (500,000) gallons per day; or 3. Three hundred dollars ($300) for a construction permit for a sewer extension of more than one thousand feet (1,000 ft) in length or have two (2) or more lift stations.

(K) Persons applying for a variance shall pay a fee of two hundred fifty dollars ($250).

(3) Operating Fees.

(A) All persons who are subject to fees under section 644.052.2, 644.052.4, or 644.052.5, RSMo, shall remit their first annual fee with their original application and pay an annual fee each year on the anniversary date of their permit.

Permittees with permits in effect at the time these sections become effective shall remit annual fees on the anniversary date of the permit. The permit issue date that was in effect on October 1, 1990 shall be the anniversary date during the effective period of section 644.052, RSMo.

(B) All persons who require permits, other than a general permit, for facilities that do not normally discharge such as land application facilities, sludge disposal facilities, agrichemical facilities, and no-discharge facilities are subject to fees as follows:

1. Fees are based on the design flow of the wastewater being handled; and 2. Fees for sludge or solids disposal facilities are based on the combined total design flow of the wastewater treatment facilities from which the sludge or solids are removed.

(4) General Permits and Fees.

(A) Persons with more than one (1) point source shall obtain a general permit for each point source or specific area. Where there are multiple releases from a single operating location, however, one (1) application may cover all facilities and releases.

(B) The department may issue general permits for the following types of discharges: storm water releases from limestone quarries; hydrostatic pressure checks of pipelines, tanks and related equipment; potable water treatment plants; private trout farms or hatcheries for flow through spring water; swimming pool discharges; emergency spill cleanup sites; storm water releases from facilities that store less than fifty thousand (50,000) gallons of petroleum with no other wastewater; storm water releases from municipalities and industries; domestic wastewater treatment facility with a flow of less than fifty thousand gallons per day (50,000 gpd), and clay pits or gravel washing operations.

(C) The department may issue general permits for the following types of discharges within a given specific area: storm water release points owned or operated by a utility company (a permit will be issued for each county, or the City of St. Louis, in which the utility operates); intermittent releases from the maintenance dredging of lakes owned or controlled by a city, local unit of government, or home owners association within their boundaries.

(5) Construction Fees.

(A) Construction permit fees shall be tendered together with the construction permit application. Incomplete construction permit applications and related engineering documents will be returned by the department if they are not completed in the time frame established by the department in a comment letter to the owner. Construction permit fees for returned applications shall be forfeited.

(B) Application fees for construction applications being processed by the department that are withdrawn by the applicant shall be forfeited.

(C) Fees for construction permit applications for modification to an existing sewage treatment plant shall be based on the design flow of the plant after the modifications are completed.

Original rule filed July 17, 1990, effective Dec. 31, 1990. Amended:

Filed July 15, 1991, effective Jan. 13, 1992. Amended: Filed Nov. 22, 1991, effective May 14, 1992. Amended: Filed Nov. 9, 2000, effective July 30, 2001. Amended: Filed Sept. 16, 2013, effective May 30, 2014.

Amended: Filed June 13, 2018, effective Feb. 28, 2019. *Original authority: 644.054, RSMo 1990, amended 1994, 2000, 2006, 2009, 2010, 2011, 2013, 2018.

**History**
- *AUTHORITY: section 644.054, RSMo Supp. 2018. Emergency rule filed July 27, 1990, effective Sept. 12, 1990, expired Jan. 10, 1991.*

##### **10 CSR 20-6.015** No-Discharge Operations and Land Application Requirements {#sec-10-csr-20-6.015 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.015}

PURPOSE: This rule sets forth the requirements for no-discharge operations or operators seeking to perform land application of domestic, non-domestic, or industrial wastewater, or to hold or commingle such liquids or solids.

(1) Definitions.

(A) Definitions as set forth in the Missouri Clean Water Law and 10 CSR 20-2.010 shall apply to those terms when used in this regulation.

(B) Other applicable definitions are as follows:

1. No-discharge facility. A facility designed, constructed, and operated to meet each of the following conditions:

A. To hold or irrigate, or otherwise manage without discharge to surface or subsurface waters of the state all process wastes and associated storm water flows except for discharges that are caused by catastrophic and chronic storm events;

B. Process wastes are not land applied during frozen, snow-covered, or saturated soil conditions; and C. Basins are sealed in accordance with 10 CSR 20-8 and there are no subsurface releases in violation of 10 CSR 20-7.015 or section 577.155, RSMo.

2. Land application of wastewater or treatment residual materials. A treatment methodology that uses soils, vegetation, or agricultural commodities to manage and remove pollutants, including nutrients, from wastewater or treatment residuals.

This rule does not apply to the underground injection of wastewater or wastewater treatment residuals as regulated under the federal Clean Water Act and 40 CFR Part 144.

A. Land application is only an appropriate treatment option when the land application activity supports agricultural practices or approved beneficial purposes and is appropriately monitored and assessed.

B. Land application irrigates, spreads, places, knifes-in, incorporates, or otherwise puts or distributes material that appropriately, through best management practices, utilizes and removes pollutants from wastewater and other process wastes.

C. Land application must provide a benefit to the soils, vegetation, or a specific agricultural commodity without harmful impacts to public health and the environment.

(2) General.

(A) All persons who operate, use, or maintain water contaminant sources, point sources, or operating locations for storage, treatment or land application of process wastes which are operated so as not to discharge to waters of the state or will have infrequent discharges shall apply for permits unless exempted under section (3) of this rule.

(B) Nothing shall prevent the department from taking action to ensure that the operations or activities listed in subsection (A) do not discharge into waters of the state, including requiring permits for operations normally exempted under this rule.

Permits may be required where necessary to protect the environment, including the following:

1. To correct noncompliance;

2. To ensure when the department has determined that construction or operating practices are not adequate, that the facility will be operated in a no-discharge manner;

3. To require, by departmental determination from an on-site visit, that construction and operating permits are necessary for special operating controls or monitoring and reporting of site-specific conditions such as groundwater effects, surface runoff, waste or wastewater characteristics, topography, geology, watershed factors, or land application loading rates;

4. When an unauthorized discharge has occurred or has the potential to occur;

5. When a discharge results in violation of water quality standards under 10 CSR 20-7.031; or 6. Other relevant factors.

(3) Exemptions.

(A) De minimis exemption. For the purposes of this rule, a de minimis source is a wastewater or process waste source, or a facility for treatment or disposal of process wastes, that is determined by the department to pose a negligible potential impact on waters of the state, soils, crops, public health, or the environment, even in the event of the malfunction of wastewater treatment controls. Persons may apply to the department for an exemption as a de minimis source for operations that will not discharge or will have a negligible impact on waters of the state, soils, crops, public health, or the environment such as short duration, limited pollutant events. The department shall make a written determination on a case-by-case basis, and the department’s denial or approval must itemize the relevant conditions, activities, and materials. This determination shall consider the potential for releases to surface water and groundwater of contaminants in concentrations exceeding background water quality levels or limitations in the water quality standards rule under 10 CSR 20 Chapter 7. Prior to approval, the department may require sampling and test methods, as determined appropriate for the proposed activity.

(B) The following are exempt from no-discharge and land application permit requirements unless required under section (2):

1. Nonpoint sources;

2. Land application of composts and mulches in normal farming operations or horticulture operations provided that the compost does not contain more than five percent (5%) sewage sludge or industrial sludge, which may only come from on-site processes;

3. Land application sites for beneficial use of water treatment plant residues removed during the treatment of drinking water supplies provided that aluminum or other potentially phytotoxic compounds are not present in the residuals in concentrations which would result in toxicity to plants or animals or have harmful impacts on waters of the state, human health, or the environment. The land application of water treatment plant residuals removed during the treatment of drinking water supplies not permitted under the Missouri Clean Water Law must submit sampling data prior to the material(s) being initially land applied and thereafter as determined by the department. This exemption does not apply to treatment or storage facilities;

4. No-discharge facilities for the handling, use, or disposal of solid wastes that holds a valid permit issued under the Missouri Solid Waste Management Law and regulations in accordance with 10 CSR 80 or the Missouri Hazardous Waste Management Law and regulations in accordance with 10 CSR 25;

5. Manure land application. Liquid manure from a concentrated animal feeding operation (CAFO) surfaceapplied on land application fields not under the operational control of the CAFO is exempt from permitting, but subject to the setback requirements in section 640.760, RSMo, where applicable. Requirements for CAFOs are contained in 10 CSR 20-6.300; other land application of manure from AFOs, or other agricultural operations not designated as CAFOs, is exempt from permitting;

6. No-discharge treatment works treating domestic sewage with wastewater flows of three thousand gallons per day (3,000 gpd) or less;

7. Composting sites of less than two (2) acres when sludges are less than five percent (5%) of the compost mix and from which no storm water is discharged except during a chronic or catastrophic storm event. Other storm water discharges are regulated under 10 CSR 20-6.200;

8. Land application of products containing or derived from sludges, biosolids or other process wastes when such products are licensed under the Missouri Fertilizer Law, sections 266.291 through 266.351, RSMo, and regulations, commercially sold, individually labelled do not exceed pollutant standards for protection of public health and/or the environment as established by the department, and are applied at agronomic rates for agricultural purposes. To receive and maintain this exemption, the manufacturer or distributor shall submit an initial report to the department on the pollutant content of the product, practices for material sampling to ensure accuracy in labelling and packaging, and shall file annual reports as determined necessary by the department;

9. Single family residences;

10. Internal plumbing and piping or other water diversion or retention structures within a manufacturing or industrial plant or mine, which are an integral part of the industrial or manufacturing process or building or mining operation.

This exemption does not include lagoon, ponds, or earthen impoundments which receive any process wastes;

11. Small scale pilot projects or demonstration projects for beneficial use that do not exceed a period of one (1) year may be exempted by written project approval from the permitting

12. An operating permit is not required for non-discharging wastewater or treatment residual holding structure(s) from which all contents are hauled to a treatment or disposal facility out of state or with a valid Missouri state operating permit issued under the authority of the Missouri Clean Water Law and regulations or Missouri Solid Waste Management Law and regulations. The holding structure(s) must be designed to

**History**
- *authority. The department may extend the permit exemption for up to one (1) additional year after review of the first year’s results. A permit application shall be submitted at least ninety (90) days prior to end of the demonstration period if the facility intends to continue operation, unless otherwise exempted under this rule or Chapter 6;*

##### **10 CSR 20-8** applicable design standards. The originator must have a written contract with the hauler; {#sec-10-csr-20-8 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8}

13. Contract haulers are not required to have a permit under this rule if all waste is hauled to a facility permitted under a Missouri state operating permit or Missouri Solid Waste Management Law and regulations;

14. Activities or operational thresholds that are specifically exempted within a general permit;

15. The placement of uncontaminated soil, rock, sand, gravel, concrete, cinder blocks, bricks, recycled asphaltic pavement, and minimal amounts of wood and metal which are removed by demolition or construction activities and used as fill for construction projects, provided that placement of such material does not violate water quality standards as stated in 10 CSR 20-7.031. Storm water discharges may be regulated under 10 CSR 20-6.200;

16. The placement of material, other than those listed in paragraph (3)(B)15., which are exempt as clean fill or beneficial use under the Missouri Solid Waste Management Law and regulations, provided the material is not placed in contact with surface or subsurface waters of the state. Storm water discharges may be regulated under 10 CSR 20-6.200; and 17. Satellite collection systems that are properly operated and maintained so that all wastewater is entirely contained within the primary holding structures and emitted into a treatment works treating domestic sewage, without releases, leaks or spills into the environment or discharges into waters of the state. Satellite collection systems— A. May include piping or conveyance systems that may be owned or maintained by a third party, and that collect wastewater prior to emission into the treatment works treating domestic sewage;

B. May include tanks, basins, pump stations, manholes or access ports that may be owned, operated or maintained by a third party, that collect, treat or hold wastewater prior to emission into the treatment works treating domestic sewage;

C. Do not include collection systems, equipment, or conveyances under the operational control of the treatment works treating domestic sewage.

(4) Operating Permits. This rule does not apply to concentrated animal feeding operations (CAFOs) subject to 10 CSR 20-6.300, stormwater discharges subject to 10 CSR 20-6.200, activities exempted in section (3), animal feeding operations not classified as CAFOs, or other nonpoint sources. The requirements in this

rule apply to no-discharge facilities and activities and to land application sites, including those at discharging facilities.

(A) Operating permit applications. This subsection describes the application process and minimum application requirements for no-discharge operations and land application sites. Additional application requirements may be applicable to a facility if additional operations are occurring.

1. The application shall include at a minimum the following documentation:

A. Narrative operational summary. This shall describe the no-discharge operations, types and sources of materials to be managed or land-applied, storage plans, design capacity, and operational capacity;

B. Adequate storage for management or land application of wastewater, sludge, wastewater treatment residuals, and process waste for the intended design flows and capacity;

C. A recent aerial or topographic map showing the location of any intended storage structure(s), composting area(s), and land application fields, including setbacks established for— (I) Treatment works treating domestic sewage, in 10 CSR 20-8.200; or (II) Non-domestic wastewater and residuals, the Missouri Industrial Nutrient Management Technical Standard for Industrial Wastewater and Wastewater Treatment Residuals (INMTS). The INMTS required by this rule, Edition 1.0, is incorporated by reference herein as published by the Department of Natural Resources, Division of Environmental Quality, Water Protection Program, PO Box 176, Jefferson City, MO 65102-0176, October 2025, and does not include any later amendments or additions. The INMTS is available on the department’s website.

D. Applications for land application from treatment works treating domestic sewage must ensure land application will meet the design and operational requirements in 10 CSR 20-8.200; biosolids must be land applied in accordance with permit conditions;

E. Land Application Management Plan (LAMP) for all fields to be used for land application of industrial wastewater, industrial wastewater treatment residuals, or process waste, excluding manure, CAFO operations, AFOs, and treatment works treating domestic sewage. The LAMP must comply with the requirements established in the INMTS, unless otherwise approved by the department, typically for facilities land applying wastewater that does not contain nutrients or significant concentrations of other pollutants (e.g., treated water for irrigation or non-metallic sediment from a quarry settling basin). This subparagraph does not apply to biosolids that are regulated under 40 CFR Part 503. Privately owned operating locations managing a combination of domestic wastewater or sludges and non-domestic wastewater or sludges may be subject to this requirement at the department’s discretion. Unless otherwise determined by the department, the LAMP shall include at a minimum— (I) Site-specific conservation practices or operational management practices to prevent the direct runoff of land applied material and to minimize impacts to stormwater;

(II) Site-specific map(s) with sensitive features and setbacks;

(III) Field locations and field management plans used to establish land application rates for pollutant removal;

(IV) Calculations, data, and methods to be used to ensure appropriate management and removal of nutrients in the applied material; and (V) Records that will be maintained to document implementation and management of the minimum elements described within this subparagraph.

F. Applications must be submitted on forms established by the department and must include information on potential pollutants in the wastewater or wastewater treatment residuals to be land applied.

(B) Minimum operating permit conditions.

1. There shall be no discharge or direct runoff of wastewater, wastewater treatment residuals, or other domestic or industrial wastes from the field as a result of the land application of these materials, excluding agricultural stormwater discharges.

2. The permits shall include conditions containing limitations, monitoring, reporting, and other requirements to protect soils, crops, surface waters, groundwater, public health, and the environment. These conditions include but are not limited to— A. Sampling requirements, including parameters, frequency, and numeric limitations if warranted;

B. Land application minimum best management practices to appropriately conduct land application and prevent runoff;

C. Application must cease immediately if plant stress or phytotoxicity attributable to the application is observed, with land application resuming after plant recovery with land application rates reduced to prevent plant stress and phytotoxicity;

D. Application is not allowed on frozen, snow-covered, saturated soils;

E. Ponding of applied liquids is prohibited, except temporary ponding that does not leave the application area that absorbs into soil prior to the land applier leaving the field, and except for agricultural purposes where hydrophytic vegetation or crops are being established (such as rice);

F. Land application is an approved wastewater treatment method for pollutants, like nutrients, that can be effectively removed through soils, plants, and agronomic practices;

G. Land application is not allowed for the purposes of disposal, for the application of hazardous wastes, or for hazardous substances in amounts known to or having the potential to cause phytotoxicity or negative health or environmental impacts, or any other material deemed unsuitable by the department;

H. Adequately protective permit conditions must be established in land application areas where the Missouri Geologic Survey had determined geohydrological sensitive features are present; and I. Incorporation of the INMTS.

3. A field permitted for the land application of industrial wastewater or wastewater treatment residuals shall only be incorporated into one (1) Missouri state operating permit.

(5) Excluding concentrated animal feeding operations (CAFOs), animal feeding operations not classified as CAFOs or other nonpoint sources, land application of non-domestic wastewater must be conducted in accordance with the INMTS or an approved LAMP. Land application shall also be conducted in accordance with the following:

(A) Land application rates based on hydraulic, pollutant, and nutrient loading rates;

(B) Specific numeric pollutant limits for select parameters;

(C) A minimum of annual soil sampling for nutrients and appropriate parameters, as determined by the department, frequency may be increased in accordance with the INMTS;

(D) Appropriate agricultural publications from the University of Missouri Extension center or other pre-approved related publications, to determine crop uptake and land application rates;

(E) Setbacks, minimum distances from identified features;

(F) Established permit conditions protective of crops, soil and other earthen material, waters of the state, human health, and the environment.

(6) Specific requirements for commingled, offsite industrial wastewater or wastewater treatment residuals stored in open storage basins or open storage vessels. Volume is calculated by adding all of the open structure(s) occurring on one (1) operating location. Storage systems must, at a minimum— (A) Meet the following buffer (setback) distances between the open structure(s) and any public building or occupied residence, other than a residence owned by the permittee, or from which a written waiver agreement is provided:

1. For structures(s) totaling a capacity of more than two and one-half million gallons (2.5 MG) but less than or equal to five million gallons (5 MG), one thousand feet (1000'); or 2. For structure(s) totaling a capacity of more than five million gallons (5 MG) but less than or equal to ten million gallons (10 MG), two thousand feet (2000'); or 3. For structure(s) totaling a capacity of more than ten million gallons (10 MG), three thousand five hundred feet (3500'); or 4. Written waiver agreements shall be recorded with the county recorder and filed in the chain of title for the property of the landowner agreeing to the shorter buffer distance;

(B) Sampling, analysis, and reporting of results must be conducted at least annually per 644.051, RSMo, with increased frequency as determined necessary in accordance with the INMTS for— 1. Metals, including arsenic, aluminum, barium, cadmium, chromium, copper, lead, mercury, selenium, silver, and thallium;

2. Pathogens, including E. coli, fecal coliform, and salmonella;

3. Other pollutants as determined by the department; and (C) For systems equal to or greater than two and onehalf million gallons (2.5 MG) storage capacity, groundwater monitoring wells shall be required when, in the determination of the division of Missouri Geological Survey, the storage structures are located in proximity to geological feature(s) that increase the likelihood of groundwater contamination.

(7) Groundwater monitoring and reporting requirements for operations subject to subsection (6)(C) and any other operation necessitating groundwater monitoring requirements as part of an assessment of a discharge to groundwater.

(A) Definitions for this section are found in 10 CSR 20-2 and

##### **10 CSR 80-2.** If conflicting definitions occur, the more stringent definition shall prevail. {#sec-10-csr-80-2. omnilex-key=us-mo-regs-official--title-10--10 CSR 80-2.}

(B) The permittee shall submit, unless exempted by the department, the following two (2) reports, approved by the department, which may be furnished concurrently, along with any additional reports the department deems necessary:

1. A site characterization report (SCR) signed and sealed by a geologist registered in Missouri; and 2. A groundwater monitoring sampling and analysis plan (GMSAP).

(C) If the monitoring well network has already been installed, the department will coordinate with the permittee to determine if any additional wells are needed or may require additional reports to determine effectiveness of the monitoring well network.

(D) At a minimum, the following characteristics will be described in the SCR:

1. Geologic materials;

2. Description of soil and bedrock to a depth adequate to allow evaluation of water quality protection provided by the soil and bedrock;

3. Groundwater elevation;

4. Proposed separation between the lowest point of the lowest structure and the maximum water table elevation;

5. Proximity of the structure(s) to water supply wells or surface water;

6. Rate and direction of groundwater flow in each relevant hydrostratigraphic unit; and 7. Current and projected use of water resources in the potential zone of influence of the point source(s).

(E) Groundwater monitoring wells shall be installed so that the number, spacing, and depths of the wells, determined based upon site-specific technical information, shall include a thorough characterization of— 1. Aquifer thickness, groundwater flow rate, groundwater flow direction, including seasonal and temporal fluctuations in groundwater flow; and 2. Saturated and unsaturated geologic units and fill materials overlying the uppermost aquifer, materials comprising the uppermost aquifer, and materials comprising the confining unit defining the lower boundary of the uppermost aquifer, including but not limited to thicknesses, stratigraphy, lithology, hydraulic conductivities, and porosities.

If the lower confining unit is one hundred feet (100') or more below the top of the uppermost aquifer, borings verifying the lower confining layer will not be required. The upper fifty feet (50') of the uppermost aquifer will be characterized.

(F) Groundwater monitoring wells shall be capable of yielding groundwater samples for analysis, effective monitoring of the site, and consist of at least one (1) well installed hydraulically upgradient, that is, in the direction of increasing static head from the point source(s); and at least two (2) wells installed hydraulically downgradient, that is, in the direction of decreasing hydraulic head from the point source(s); more wells may be required if determined necessary to adequately assess potential groundwater impacts. The quantity of wells, locations, and depths shall be sufficient to yield groundwater samples that are— 1. Representative of background water quality in the groundwater near the point source(s);

2. Capable of detecting any significant amounts of fluids generated by the structure(s) that migrate from the point source(s) to the groundwater;

3. Capable at a minimum of monitoring all saturated zones down to and including the uppermost aquifer; and 4. Located from the point source(s) a maximum distance of one hundred fifty meters (150 m) or four hundred ninety-two feet (492').

(G) The design and installation of groundwater monitoring well systems shall be observed, supervised, and certified by a Missouri groundwater professional, and the monitoring well system shall be approved by the department prior to installation. Additional wells may be required by the department at any time if the existing network is insufficient.

(H) The permittee shall determine the rate and direction of groundwater flow each time groundwater is sampled.

Groundwater elevations in wells shall be measured within a period of time short enough to avoid temporal variations in groundwater flow which could preclude accurate determination of groundwater flow direction.

(I) Sampling and reporting.

1. Each groundwater monitoring event must include consistent sampling and analysis procedures that are designed to ensure monitoring results provide an accurate representation of groundwater quality at the monitoring wells. The monitoring frequency will be determined by the department based on the site-specific factors, in no case less than annually.

2. The permittee shall submit the GMSAP to the department for approval. The GMSAP shall include procedures and techniques for each monitoring event, including— A. Monitoring well maintenance, if performed;

B. Monitoring well redevelopment, if performed;

C. Monitoring well depth measurement and hydraulic levels;

D. Monitoring well purging and sampling utilizing dedicated equipment, or the appropriate decontamination procedures;

E. Equipment calibration;

F. Decontamination and field blanks;

G. Sample and duplicate sample collection;

H. Sample preservation;

I. Sample labeling;

J. Sample handling;

K. Field measurements;

L. Field documentation;

M. Chain of custody control;

N. Sample shipment;

O. Analytical procedures;

P. QA/QC control—field, samples, and laboratory.

3. The GMSAP shall include sampling and analytical methods that are appropriate for groundwater sampling and that accurately measure monitored constituents in groundwater samples, as required by the department. The plan shall include the anticipated parameters of concern for the specific facility. Analysis shall be performed on unfiltered samples (except for those occurring in the dissolved fraction, e.g., hexavalent chromium) for all constituents listed in the GMSAP.

4. Once approved, the GMSAP shall be followed by the permittee and any deviation from the GMSAP requirements shall be noted and submitted to the department with the monitoring results.

5. Reports shall be furnished to the department at intervals necessary to determine compliance with Missouri’s Groundwater Water Quality Standards, in no case less than annually.

(8) Closure of Waste Storage Structures.

(A) No-discharge facilities that cease operation, or plan to close lagoons and other waste storage structures, shall comply with 10 CSR 20-6.010(12) as well as the following requirements:

1. Facilities that are exempted from permits under this rule and that cease operation shall either close the waste storage structures in accordance with subsection (8)(B) of this rule or continue to maintain all storage structures so that there is not a discharge to waters of the state.

(B) Closure requirements. Lagoons and waste storage structures shall be closed by removal and land application of all wastewater and sludges, or in accordance with an alternate closure plan approved by the department. The removed wastewater and sludges shall be land applied in accordance with the INMTS, department-approved LAMP, or department-approved closure plan. After removal and proper land application of wastewater and sludge, the earthen basins may be— 1. Demolished by removing the berms, grading, and revegetation of the site so as to provide erosion control; or 2. Left in place for future use as a farm pond or similar uses or reserved for future use as a waste storage structure. To prevent damage to the bottom seal due to drying and weed growth, earthen basins shall be refilled with fresh water as soon as possible, and water depths of three feet (3') or more should be maintained.

Amended: Filed June 13, 2018, effective Feb. 28, 2019. Amended:

Filed July 14, 2025, effective Feb. 28, 2026. *Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012, 2014; 644.041, RSMo 1972, amended 1973, 2024; and 644.051, RSMo 1972, amended 1973, 1982, 1990, 1999, 2000, 2002, 2006, 2011, 2012, 2013, 2014, 2015, 2023, 2024.

**History**
- *AUTHORITY: section 644.026, RSMo 2016, and sections 644.041 and 644.051, RSMo Supp. 2025. Original rule filed July 15, 1991, effective Jan. 13, 1992. Amended: Filed June 1, 1995, effective Jan. 30, 1996. Amended: Filed Nov. 3, 1997, effective July 30, 1998.*

##### **10 CSR 20-6.020** Public Participation, Hearings, and Notice to Governmental Agencies {#sec-10-csr-20-6.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.020}

PURPOSE: This rule sets forth the procedures the department will follow in providing opportunity for participation by the public and other governmental agencies during the permit issuing process. This rule clarifies the process. This rule also addresses the procedures for appeals to the Clean Water Commission from departmental actions.

(1) Public Participation.

(A) The department shall review applications for Missouri state operating permits and shall review other relevant facts to determine whether or not the Missouri state operating permits should be issued. When all required and requested information has been received, the department shall prepare the following documents as needed:

1. A draft operating permit containing the following elements:

A. Terms and conditions of the permit;

B. Effluent limitations, standards, and other requirements;

C. Applicable compliance schedules; and D. Monitoring requirements; and 2. If the draft operating permit is for a major facility or a general permit or if it incorporates any variances or modifications, or if the regional administrator or director finds it is the subject of widespread public interest, the department will prepare a fact sheet. The fact sheet shall include— A. A brief explanation of the express statutory or regulatory provisions on which permit requirements are based;

B. Any calculations or other necessary explanation of the derivation of specific effluent limitations and conditions, including a citation to the applicable guideline, development documents, or standard provisions and reasons why they are applicable or an explanation of how the alternate effluent limitations were developed;

C. Where appropriate, a sketch or detailed description of the location of the discharge described in the application;

D. A quantitative description of the discharge described in the application and of the activities that lead to the discharge;

E. Reasons requested variances or modifications do or do not appear justified; and F. Name and telephone number of a person who can provide additional information.

(B) Public Notice for Site Specific Permits.

1. A public notice of permit pending will be prepared by the department. Except for minor modifications there shall be a period of not less than thirty (30) days following the date of the public notice when interested persons may submit their written views on the proposed permit. The term, minor modifications, is defined in 40 CFR 122.63, October 22, 2015, which is hereby incorporated by reference in this

rule, as published by the EPA Docket Center, EPA West, 1301 not incorporate any subsequent amendments or additions. The department will issue or deny the permit within sixty (60) days after all requirements of the Federal Clean Water Act, the Missouri Clean Water Law and those regulations concerning the issuance of permits have been satisfied.

(C) Public Notice for General Permits.

1. Public notice of newly created statewide general permit, or the reissuance of an existing statewide general permit, shall be prepared by the department in accordance with subsections (1)(B) and (D) of this rule.

2. For issuance of the initial individual general permit for any newly constructed water contaminant source, point source, or wastewater treatment facility, public notice shall occur in accordance with subsections (1)(B) and (C) of this rule.

This applies to the following general permits:

A. Airports;

B. Chemical manufacturing;

C. Fabricated structured metal;

D. Foundries;

E. Limestone and rock quarries;

F. Lubricant manufacturing;

G. Petroleum storage greater than fifty thousand (50,000) gallons; and H. Wood treaters;

I. Commingled, offsite industrial wastewater or wastewater treatment residuals stored in open storage basins or open storage vessels.

3. As new general permits are created, the need for an individual facility public notification process shall be determined and identified in the general permit.

(D) The public notice of permit pending will contain at least the following:

1. Name, address, telephone number of the department, and any other places at which interested persons may obtain further information, request copies of the draft permit and the fact sheet, and inspect and copy related forms and documents;

2. Name and address of the applicant and responsible

3. Brief description of the applicant’s activities or operations which result in the discharge or potential discharge described in the application;

4. Name of watercourse to which the applicant will discharge, a description of the location of the discharge and designation of the discharge as new or existing;

5. A statement of the tentative determination to issue a permit;

6. A brief description of the procedures for making final determination, including the thirty- (30-) day comment period and any other means by which interested persons may influence or comment upon the making of the determinations;

7. The name and address of the office processing the application.

(E) Notice of permit pending will be posted on the department webpage. The department may request posting of a physical notice of Permit Pending in order to accommodate for certain groups determined by the department.

1. Posting in the post office and public places of the municipality nearest the proposed discharge;

2. Posting near the entrance to the applicant’s premises;

3. The department webpage.

(F) The notice shall be mailed, or emailed, by the department to persons who have notified the department of their interest or who have requested the notice.

(G) The department, upon request, shall add the name of any person or group to an email list to receive copies of notices for all applications within the state.

(H) All relevant and material comments received pursuant to the public notice shall be given consideration by the department before making a final decision. When significant water quality concerns are raised during the comment period the department may hold a public meeting to discuss the applications. The department does not have jurisdiction to address questions of zoning, location, property values or other nonwater quality related items.

(2) Notice to Other Governmental Agencies. Notices to governmental agencies shall conform to the stipulations outlined in federal regulation 40 CFR 124.59 “Conditions requested by the Corps of Engineers and other government agencies,” January 4, 1989, as published by the Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408, which is incorporated by reference and does not include later amendments or additions.

(3) Public Access to Information.

(A) Any information or records submitted or obtained pursuant to Chapter 644, RSMo, may be subject to public disclosure pursuant to Chapter 610, RSMo. Information other than effluent data, support documents or reports contained in any issued permit or document in the water protection program may be made confidential upon a showing that methods or processes entitled to protection as trade secrets would be revealed if the information were made public. The department shall make the final determination of confidentiality.

(B) The department shall provide for public inspection and copying of information relating to these documents.

(4) Public Participation Process.

(A) Department of Natural Resources (DNR) Hearing.

1. An opportunity shall be provided for the applicant, any affected state, any affected interstate agency, the regional administrator, or any interested agency, person, or group of persons to request or petition for a public hearing with respect to the application. Any request for a public hearing shall be filed with the department within the comment period and shall indicate the interest of the party filing the request and the reasons why a hearing is warranted. The department shall hold a public hearing if there is significant technical merit and concern related to the responsibilities of the Missouri Clean Water Law. Instances of doubt shall be resolved in favor of holding the hearing. Any public hearing shall be held in the geographical area of the proposed discharge or other appropriate area. An appeal filed upon the issuance of a construction permit will be considered as an appeal of the construction permit and the first operating permit.

2. At least thirty (30) days before any hearing, notice of hearing shall be published in at least one (1) newspaper of general circulation in the geographical area of the discharge and mailed, or emailed, to any person or group on request and to all persons, groups, and agencies who received a copy of notice or fact sheet for the proposed permit. In any case, notice shall be at least as broad as was the notice of permit pending.

The notice shall contain at least the following:

A. Name, address, and telephone number of the B. The proposed permit facility name, address, and responsible authority;

C. Information regarding the time, location, and purpose for the hearing; and D. The webpage address for additional detailed information on the draft Missouri state operating permit. Those without access can request information by contacting the department using the contact information in the notice.

(B) Clean Water Commission hearings for regulation development, fact finding, and other nonjudicatory matters will be held in conformance with Chapter 644, RSMo.

(C) Clean Water Commission hearings on permit issues, abatement orders, and other judicatory type matters will be held in conformance with Chapters 536 and 644, RSMo.

(5) Time Limits for Appeals for Abatement Orders, Permit Denials, and Variances.

(A) The thirty (30)-day time limit provided for the filing of appeals to the commission as established by section 644.056.3, RSMo, for appeals of abatement orders; section 644.051.6, RSMo, for appeals from denials of permits; section 644.061.5, RSMo, for appeals from the recommendation to grant or deny variances; and 10 CSR 20-6.060(5) for appeals from the denial of water quality certifications shall be computed from the day of service of the notice of the order or issuance or denial of the variance or denial of the permit or water quality certification, as the case may be.

(B) Service of the notice may be accomplished by either hand delivery or certified mail, return receipt requested, or emailed with receipt confirmation.

1. Service by hand delivery.

A. Service by hand delivery is accomplished when a copy of the notice is tendered to— (I) The applicant or permittee or other affected person or with some person of his/her family over the age of fifteen (15) years and residing in his/her dwelling, house, or usual place of abode;

(II) An officer of a corporate applicant or permittee or other affected person;

(III) A partner of a partnership applicant or permittee or other affected person;

(IV) A managing or general agent of the applicant or permittee or other affected person;

(V) A registered agent or any other agent of the applicant or permittee or other affected person authorized by appointment or required by law to receive the notice; and (VI) Any person in charge of the water contaminant or point source of the applicant or permittee or other affected person.

B. The person who effects service by hand delivery shall state the time, place, and manner of service in a signed file memorandum or other writing.

C. The accomplishment of service of notice by hand delivery is not altered by the refusal of the person to be served to receive the notice when this fact is shown on the return.

2. Service by certified mail.

A. Service by certified mail is accomplished by mailing a copy of the notice by certified or registered mail, return receipt requested, to any of the persons listed in parts (5)(B)1.A.(I)–(VI) of this rule.

B. Service by mail is complete on the delivery date shown on the return receipt, or on the date of refusal as shown on the envelope of the returned notice.

3. Emailed with receipt confirmed.

A. Service by email is accomplished by emailing a copy of the notice with a read receipt requested to any of the persons listed in parts (5)(B)1.A.(I)–(VI) of this rule and is complete when the email is received, either acknowledged in writing or through the read receipt.

(C) The appeals previously referenced in subsection (5)(A) of this rule may be made by the applicant, permittee, person named in the order or any other person with an interest which is or may be adversely affected. The appeal shall be filed with the Administrative Hearing Commission, 131 W. High St., PO Box 1557, Jefferson City, MO 65101 and shall be received by the Administrative Hearing Commission prior to expiration of the thirty- (30-) day appeal period as computed in subsection (5)(A).

The appeal shall be a contested case and shall be conducted under section 644.066, RSMo.

(6) Time Limits for Appeals of Conditions in Issued Permits.

(A) The thirty- (30-) day limit provided for the filing of appeals to the commission established by sections 640.010.1 and 644.051.6, RSMo, for appeals of conditions in issued permits shall be computed from the day of service of notice.

(B) Service of the notice shall be accomplished in accordance with subsection (5)(B) of this rule.

(C) The appeals referenced previously in subsection (6)(A) of this rule may be made by the applicant, permittee, or any other person with an interest which is or may be adversely affected.

The appeal shall be filed with the Administrative Hearing Commission, 131 W. High St., PO Box 1557, Jefferson City, MO 65101 and shall be received by the Administrative Hearing Commission prior to expiration of the thirty- (30-) day appeal period as computed in subsection (5)(A). The appeal shall be a contested case and shall be conducted under section 644.066, RSMo.

(7) Appeals made under sections (5) and (6) of this rule shall conform to the requirements of the Administrative Hearing Commission regulation 1 CSR 15-3.350, effective March 30, 2017.

Amended: Filed Feb. 1, 1988, effective June 13, 1988. Amended:

Filed March 1, 1996, effective Nov. 30, 1996. Amended: Filed July 9, 1998, effective March 30, 1999. Amended: Filed June 13, 2018, effective Feb. 28, 2019. Amended: Filed July 30, 2019, effective April 30, 2020. Amended: Filed July 15, 2025, effective Feb. 28, 2026. *Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012,

**History**
- *authority, and address of the discharger if different from the applicant;*
- *AUTHORITY: section 644.026, RSMo 2016. Original rule filed June 19, 1974, effective June 29, 1974. Rescinded: Filed Oct. 16, 1979, effective July 11, 1980. Readopted: Filed Feb. 4, 1980, effective July 11, 1980. Amended: Filed May 10, 1984, effective Oct. 15, 1984.*

##### **10 CSR 20-6.030** Disposal of Wastewater in Residential Housing Developments {#sec-10-csr-20-6.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.030}

PURPOSE: This rule sets forth requirements for developers of residential housing to determine the method of wastewater disposal.

This rule applies to all new residential housing developments and existing subdivisions that were required to comply with previous regulations which were effective June 30, 1974, June 26, 1975, May 15, 1984, or March 30, 1999, but have not received department approval.

(1) General Requirements.

(A) Definitions.

1. Definitions as set forth in the Missouri Clean Water Law and 10 CSR 20-2.010 shall apply to those terms when used in 2. Common promotional plan. A plan, undertaken by one (1) or more persons, to offer individual lots or residential housing units within a residential housing development for sale or lease; where land is offered for sale or lease by a person or group of persons acting in concert, and the land is contiguous or is known, designated, or advertised as a common unit or by a common name or similar names, the land is presumed, without regard to the number of lots or residential housing units covered by each individual offering, as being offered for sale or lease as part of a common promotional plan. State and county roads are not considered property boundaries.

3. Developer. Any person or group of persons who, directly or indirectly, sells or leases, or offers to sell or lease, any lots, residential housing units, or recreational camping sites, but not to include any licensed broker or licensed salesman who is not a shareholder, director, officer, or employee of a developer and who has no legal or equitable interest in the land.

4. Limiting layer. Any soil horizon that will severely limit the soil’s ability to treat or dispose of effluent. The limiting layer may include a restrictive horizon or permanent or seasonal high water table as defined in 19 CSR 20-3.060(1)(A).

5. Lot. Any portion, piece, division, unit, or undivided interest in real estate, if the interest includes the right to the exclusive use of a specific portion of real estate, whether for a specific term or in perpetuity.

6. Residential housing development. Any land which is divided or proposed to be divided into three (3) or more lots, whether contiguous or not, for the purpose of sale or lease as

part of a common promotional plan.

(B) Applicability. Unless specifically provided otherwise, this

rule shall apply to any developer who owns or controls land and— 1. Develops or divides land into residential housing lots;

2. Resubdivides land into more lots, adds additional lots to which when added to an existing group of lots which are contiguous, or which are known, designated or advertised as a common unit or by a common name, as part of a common promotional plan, will in total constitute a residential housing development; and 3. Any expansion of three (3) or more lots in any subdivision or development will be subject to this rule.

(C) Exemptions. The following subdivisions or residential housing developments are exempted:

1. Subdivisions in which control of more than twenty percent (20%) of the lots was permanently relinquished prior to July 1, 1974;

2. Subdivisions which were approved or exempted by the department under the subdivision regulations which were effective June 30, 1974, June 26, 1975, May 15, 1984, or March 30, 1999;

3. Residential housing developments with less than fifteen (15) lots in existence prior to March 30, 1999;

4. Lots of five (5) acres and larger in residential housing developments;

5. Residential housing developments located in areas where the department has determined that the local administrative

6. If a developer proposes a centralized wastewater collection and treatment system, the requirements of this rule shall be considered met, provided that all other requirements of the Missouri Clean Water Law and regulations can be satisfied and continuing authority, in accordance with 10 CSR 20-6.010, will be established prior to the sale or lease of lots or the commencement of construction of residences; and 7. Recreational developments will be subject to section (5) of this rule.

(D) Approval. Unless exempted in this rule, the developer of any residential housing development shall obtain approval from the department for the method of sewage treatment and disposal to be used in the development prior to the sale or lease of any lot or the commencement of construction on any lot by the developer or any person. To obtain approval the developer must submit to the appropriate DNR office a copy of the geohydrologic evaluation, the soils report, and the plat map as described in this rule.

1. The developer may apply for approval to use individual on-site systems in the proposed development provided that the minimum lot size is forty thousand (40,000) square feet. For residential housing developments with lots of less than forty thousand (40,000) square feet (0.92 acres), only centralized sewage collection and treatment are acceptable for the development. However, this minimum lot size does not apply to residential housing developments that do not require approval. Construction and operating permits will be required for central sewage collection and treatment systems.

2. Only residential housing developments with seven (7) or more lots must receive approval for the method of sewage treatment and disposal prior to the sale or lease of any lots.

(E) Alternative Determination.

1. An alternative determination can be requested for a lot or group of lots that were conveyed to a person who is not defined as a developer and that lot is within a residential housing development that was in existence prior to January 30, 2025, and was required to receive written approval for the method of wastewater treatment under this rule but did not.

2. An alternative determination under this rule should not be construed as an exemption, waiver, or approval for the method of wastewater treatment but as a process to address noncompliance. The department will send a written acceptance or rejection of the application for alternative determination, as well as information regarding the decision.

3. An alternative determination can be given for a lot or group of lots where an on-site wastewater treatment system was installed when it can be demonstrated to the department that the installation of the system was permitted by the appropriate state or local on-site wastewater administrative

4. An alternative determination can be given for an undeveloped lot or group of lots that had been conveyed to a person not defined as a developer, but the determination does not guarantee that the state or local on-site wastewater

5. Information that will aid the department when making an alternative determination should include but is not limited to county name; developer’s name and contact information; development’s name; physical location—section, township and range, latitude and longitude, or physical address; current plat on file with the County Recorder’s Office; lot size: nature of use; reported water supply; available documentation related to the installation of the on-site wastewater treatment system if installed; site-specific soils documentation if available; and other applicable documentation. If available, this information is to be provided by the requester.

6. As part of an alternative determination, the department may request that the Missouri Geological Survey conduct a geohydrologic evaluation for the lot(s) conveyed to a person who is not defined as a developer.

7. Alternative determinations will include information concerning proper operation and maintenance of an on-site wastewater treatment system as well as ways to identify a failing system. A lot owner shall notify the state or local on-site wastewater administrative authority when an on-site system is failing and shall address any malfunction(s) within a time set by the applicable administrative authority to minimize impacts to public health and the environment.

8. The lot(s) still under the control of a developer within a residential housing development, that was required to receive written approval for the method of wastewater treatment but did not, shall remain subject to the criteria contained in other sections and subsections of this rule.

(2) Geohydrologic Evaluation.

(A) All developers required to abide by this rule shall apply for a geohydrologic evaluation pertaining to the use of onsite wastewater treatment facilities from the Department of Natural Resources, Missouri Geological Survey, Geological Survey Program (GSP). The evaluation will include a review of available geologic data and may include a field evaluation conducted by the GSP.

1. A written request for the geohydrologic evaluation must be submitted on forms provided by the department and within forty-five (45) days the developer will be notified in writing by the department of the results.

2. The request for a geohydrologic evaluation shall include a map of the proposed development along with the legal description, total number of acres, and type of water supply being proposed.

(B) Residential housing developments may be exempted from obtaining the geohydrologic evaluation in areas where bedrock and surficial materials exhibit low overall permeability and groundwater recharge is limited, or the groundwater gradient is low and groundwater velocity is slow. A determination of whether a residential housing development meets the criteria for an exemption from obtaining a geohydrologic evaluation will be determined by GSP based on the information supplied on the request form and data on file at GSP.

(3) Soils Report.

(A) A soils report for each residential housing development must be prepared by a soil scientist as defined in 19 CSR 20- 3.080. The report must indicate if the proposed system is a soil absorption system or other system (lagoon). The soils report can be generated only after a thorough, systematic investigation of the soil properties and landscapes in the proposed development. Soil observation pits (backhoe or hand dug) dug to a depth to reveal the major soil horizons shall be utilized. The minimum number of pits shall be one (1) every ten (10) acres; however, in developments with the majority of lots less than two (2) acres, the minimum number of pits shall be one (1) every five (5) acres. These pits may be supplemented by soil borings to help determine the extent of similar soil properties. Profile descriptions which include horizon designations, depth, color, texture, structure, consistence, coarse fragments, mottling, and other pertinent features shall be submitted.

1. The soils report shall contain a topographic map delineating the proposed development into the following slope categories: zero to two percent (0-2%), three to fourteen percent (3-14%), fifteen to thirty percent (15-30%), and thirty-one percent (31%) and greater.

2. A map delineating the depth of acceptable soil into the following categories: less than eighteen (18) inches, eighteen to thirty (18-30) inches over bedrock, eighteen to thirty (18-30) inches over a limiting layer, and greater than thirty (30) inches shall also be provided.

3. Table 1 shall be used to determine the minimum lot size based on soil properties and site conditions. More than fifty percent (50%) of each lot must be in a single acreage category or more than fifty percent (50%) may be in that and smaller acreage categories in order to use that minimum-sized lot.

Table 1 Minimum Lot Size (Acres) for Soil Absorption Systems Based on Soil Depth and Slope Acceptable Soil (Inches) >30" 18–30" 18–30" <18"

Limiting Bedrock Layer 0–2 0.92 2 2 3 Slope (%) 3–14 0.92 1 2 3 15–30 1 2 3 5 31+ 2 3 5 >5 4. Lots with less than eighteen (18) inches of acceptable soil should be evaluated carefully to determine if a soil absorption system will function properly on the site. It must be shown that mitigation of the limiting soil condition is a feasible option.

Lots with less than twelve (12) inches of acceptable soil will not be approved for soil absorption systems unless the limiting condition is a high water table and the soil scientist determines that water table lowering schemes may be effective.

(B) Acceptable soil will have the following properties:

1. Any structure except strong platy or massive;

2. Fifty percent (50%) and less coarse fragments greater than two millimeters (>2 mm);

3. No limiting layer; and 4. Available area and landscape position suitable for an on-site system.

(C) Wastewater stabilization ponds (lagoons) may be allowed for the single-family residence wastewater treatment facilities if local regulations do not prohibit them.

1. Minimum lot size for lagoons is two and one-half (2.5) acres; larger lot sizes are recommended in order to provide for all wastewater to be contained on the lot and handled in a manner that there will be no violation of the Missouri Clean Water Law and regulations.

2. Report must show that the soils, available area and landscape position is suitable for lagoons. A minimum of four feet (4') of soil is required if the natural soil is to be used as the liner. Strongly sloping areas should be avoided. Areas with slopes greater than fifteen percent (15%) will not be considered suitable for lagoons.

(4) Plat Map.

(A) A map drawn to a scale of one inch (1") equals from fifty to two hundred feet (50–200') showing the location of the individual lots, roads, existing wells, and known easements shall be provided. The number of lots, lot sizes and type of water supply shall also be provided. A copy of the United States Geological Survey topographic map and the soil map and legend from the United States Department of Agriculture County Soil Survey if available must be provided with the area of development clearly outlined.

(5) Recreational Development.

(A) A development is considered recreational when land is sold or leased for the purpose of camping in recreational vehicles. In order to be considered a recreational development, restrictive covenants must prohibit continuous year-round living on the lot and no cabins or other structures will be allowed that could be used for year-round residential purposes.

1. The minimum lot size for a recreational development that will use individual on-site wastewater treatment facilities is twenty thousand (20,000) square feet. No reduction will be allowed from the minimum lot size determined by the geohydrologic evaluation. A one-half (1/2) reduction in minimum lot size as indicated by the soils report may be allowed.

2. In recreational developments where sewage collection and treatment is provided by sewage dump stations, the sewage dump stations will be considered centralized sewage collection and treatment for the purposes of compliance with 3. The developer must submit a copy of the restrictive covenants along with any plans for sewage dump stations or centralized sewage collection and treatment systems.

(6) Department Review.

(A) The department shall determine if the requirements of this rule are satisfied. Minimum lot size will be the larger of the values calculated in the geohydrologic evaluation if required or the soils report. Approval under this rule does not guarantee that each lot in the residential housing development will be approved for a soil absorption system.

(B) The developer of any residential housing development required to obtain approval from the department shall obtain written approval and comply with all conditions and requirements set forth in writing by the department as contained in the Missouri Clean Water Law and corresponding regulations prior to the sale or lease of any lot or the commencement of construction on any lot by any developer(s) or owner(s).

(C) There shall be no deviation or change that may adversely affect the geohydrologic evaluation, lot sizes, number of lots, or the proposed water supply for a residential housing development following departmental approval without first securing written approval of the proposed changes from the (D) Within ninety (90) days of receipt of the completed requirements and any other documents or information required in this rule by the department, the department will approve or disapprove the wastewater disposal plans and attach any conditions to an approval which it deems necessary to protect waters of the state in accordance with the Missouri Clean Water Law and regulations.

(E) Any developer or person owning any residential housing development or lots covered by this rule who has a proposal for wastewater disposal denied, or any condition in an approval in all or in part, may appeal to the Missouri Clean Water Commission within thirty (30) days of issuance of the denial or conditioned approval.

(F) Nothing in this rule shall preclude any local, municipal, county, or other lawful authority from establishing subdivision, sewer, or single-family residence on-site systems regulations and ordinances equal to or more stringent than those contained in this rule.

(G) Compliance with other law. Nothing in this rule shall excuse any person from complying with or from liability for violations of the Missouri Clean Water Law and regulations or any other laws of Missouri.

(H) Severability. If any section, paragraph, sentence, clause, or phrase of this rule, or any part of each, be declared unconstitutional or invalid for any reason, the remainder of this rule shall not be affected and shall remain in full force and effect.

**History**
- *authority has a local program sufficient to meet the goals of this rule;*
- *authority following the criteria contained in their regulations effective at the time of installation and that there is no violation of the Missouri Clean Water Law or its regulations including but not limited to the surfacing of effluent on an individual lot or the discharge of effluent to waters of the state.*
- *authority will issue a permit to construct an on-site wastewater treatment system under their current regulations.*
- *AUTHORITY: section 644.026, RSMo 2016. Original rule filed June 14, 1974, effective June 24, 1974. Amended: Filed June 16, 1975, effective June 26, 1975. Rescinded and readopted: Filed Oct. 12, 1983, effective May 15, 1984. Rescinded and readopted: Filed July 13, 1998, effective March 30, 1999. Amended: Filed June 14, 2024, effective Jan. 30, 2025. Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012,*

##### **10 CSR 20-6.040** Expiration of Operating Permits in Force Under Senate Bill 424 {#sec-10-csr-20-6.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.040}

(Rescinded July 10, 1980)

**History**
- *AUTHORITY: section 204.026, RSMo 1978. Original rule filed Oct. 31, 1973, effective Nov. 9, 1973. Amended: Filed June 19, 1974, effective June 29, 1974. Rescinded: Filed Oct. 12, 1979, effective July 10, 1980.*

##### **10 CSR 20-6.050** Self-Monitoring {#sec-10-csr-20-6.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.050}

(Rescinded May 12, 1983)

**History**
- *AUTHORITY: section 204.026, RSMo 1978. Original rule filed Dec. 4, 1975, effective Dec. 14, 1975. Rescinded: Filed Oct. 16, 1979, effective July 11, 1980. Readopted: Filed Feb. 4, 1980, effective July 11, 1980. Rescinded: Filed Nov. 10, 1982, effective May 12, 1983.*

##### **10 CSR 20-6.060** Water Quality Certification {#sec-10-csr-20-6.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.060}

PURPOSE: Section 401 of Public Law 92-500 requires that any applicant for a federal license or permit to conduct any activity which may result in any discharge into the navigable waters shall provide the federal licensing or permitting agency a water quality certification from the state. This certification will contain such conditions that ensure the proposed activity will comply with the state water quality standards and other applicable standards as required by federal law. This rule establishes the procedure and time limitations the Department of Natural Resources will follow in issuing certifications.

(1) Definitions. Definitions as set forth in the Missouri Clean Water Law and 10 CSR 20-2.010 shall apply to those terms when used in this rule, unless the context clearly requires otherwise.

(A) “Individual federal permit,” a United States Army Corps of Engineers (USACE) authorization that is issued following a case-by-case evaluation of a specific project involving the proposed discharges in accordance with the procedures of 33 CFR part 325 and a determination that the proposed discharge is in the public interest pursuant to 33 CFR part 320. Individual federal permits will always require an individual water quality certification.

(B) “Nationwide permit,” a USACE authorization that is designed to regulate with little delay or paperwork issued on a nationwide basis for a category or categories of activities when— 1. Those activities are substantially similar in nature and cause only minimal individual and cumulative environmental impacts; or 2. The nationwide permit would result in avoiding unnecessary duplication of regulatory control exercised by another federal, state, or local agency provided it has been determined that the environmental consequences of the action are individually and cumulatively minimal in accordance with 33 CFR part 325.2(e) and 33 CFR part 330.

(C) “Programatically certified” or “pre-certified,” a federal nationwide permit may be considered programmatically certified by USACE if it meets the conditions established by the department. Pre-certified nationwide permits do not need an additional department review process. This is the most stringent combination of federal permit and state water quality certification.

(D) “Individual water quality certification,” individual federal permits or nationwide permits that do not meet the programmatic certification conditions. These projects require an additional review from the department to ensure that Missouri water quality standards will not be violated.

(E) “Regional general permit,” a regional general permit is issued for a specific geographic area by an individual Corps District. Each regional general permit has specific terms and conditions, all of which must be met for project-specific actions to be verified.

(2) Requests for water quality certifications should be sent by the applicant directly to the Department of Natural Resources, Water Pollution Control Program, PO Box 176, Jefferson City, MO 65102 or by email. The request to the department should include a project narrative requesting the state’s water quality certification for the proposed project, a copy of the federal license or permit application submitted to USACE, and any readily available water quality related materials that informed the development of the federal license or permit application. If the applicant believes a project will be authorized by a general or nationwide 404 permit for which USACE has accepted the department’s programmatic certification, the applicant need not send an application to the department.

(3) Public Notice Procedures.

(A) For individually permitted projects, USACE will issue a department/federal public notice on the permit application.

This will fulfill the department’s public notice requirements and will be known as a joint public notice.

(B) Projects under a nationwide permit or regional general permit that are not programmatically certified will go through the department’s public notice process. A comment period of at least fifteen (15) days will be provided. The public notice will express the department’s intent to certify the proposed project after completion of the public notice period and resolution of any adverse water quality comments received.

(C) Nationwide or regional general permits that are programmatically certified are not required to go through a public notice process.

(4) After the completion of the public notice period, comments received shall be reviewed and considered by the department.

Consideration shall be given to both direct and indirect water quality effects before issuing or denying water quality certification.

(A) The department will follow public notice procedures pursuant to 10 CSR 20-6.020(4)(A).

(B) If objections to the proposed project are raised during the public notice period, the department will attempt to resolve the objections.

1. If the comments are resolved during negotiations or during public hearings, the department will proceed to issue its certification.

2. If the comments are not resolved, the department shall review the comments and proceed as follows:

A. If the comments are determined to be valid comments, the department shall either deny certification or issue a certification that is conditioned upon the applicant meeting certain requirements or performing certain actions to prevent or minimize water quality problems; or B. If the comments are determined to be invalid or not having substantial effects upon water quality, the department shall issue its certification.

(5) Applications for water quality certifications have a sixty- (60-) day period in which they must be issued, waived, or denied. This period starts when a complete request is received by the department.

(A) The federal agency and the department may agree in writing to extend the time to respond to a request for individual certification up to one hundred eighty (180) days if an extension is approved by the Missouri Clean Water Commission in accordance with subsection 644.051.20, RSMo, of the Missouri Clean Water Law. The commission hereby determines that extensions may be necessary to evaluate significant impacts on water quality standards if the department finds there is substantial public interest in the proposed project.

(B) Submission of an incomplete request may result in the denial of water quality certification without prejudice.

(C) If a water quality certification action has not been taken within sixty (60) days of the date that the complete request has been received by the department, and the department and federal agency have not agreed to extend the certification period, water quality certification will be deemed to have been waived for the activity contained in the complete request.

(6) Water quality certifications that are issued for nationwide and regional general permits and are programmatically certified become effective upon issuance. Water quality certifications that are issued for individual certifications and for certifications for nationwide and regional general permits that are not programmatically certified shall become effective upon signature and receipt of applicable fees. Water quality certifications are effective for the life of the federal permit.

(7) The issuance, conditional issuance or denial of certification under subparagraph (4)(B)2.A. or B. of this rule may be appealed to the Missouri Clean Water Commission through procedures outlined in the Revised Statutes of Missouri, Chapter 644. The appeal shall be a contested case and notice of the appeal shall be filed with the commission within thirty (30) days of service of notice to the applicant of denial or grant of the requested certification as specified in 10 CSR 20-6.020(5).

(8) Effective Date. This rule becomes effective immediately upon adoption and compliance with the requirements of sub-

section 644.036.3 of the Missouri Clean Water Law.

**History**
- *AUTHORITY: section 644.026, RSMo 2016. Original rule filed Feb. 10, 1978, effective July 13, 1978. Amended: Filed May 11, 1984, effective Oct. 15, 1984. Amended: Filed Nov. 9, 2000, effective July 30, 2001. Amended: Filed July 15, 2025, effective Feb. 28, 2026. Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012,*

##### **10 CSR 20-6.070** Groundwater Heat Pump Operating Permits application for operating permits and the terms and conditions for the permits. {#sec-10-csr-20-6.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.070}

(1) Permits—General Information.

(A) All persons who build, erect, alter, replace, operate, use, or maintain existing or proposed groundwater heat pump injection/withdrawal wells that inject more than six hundred thousand (600,000) British thermal units (BTUs) per hour (also termed as fifty (50) tons of capacity) shall apply to the department for the permits required by Missouri Clean Water Law and these regula tions.

(B) The following are exempt from permit regulations:

1. Groundwater heat pump injection wells designed for up to eight (8) single fam ily residents where the combined injection rate is less than six hundred thousand (600,000) BTUs per hour;

2. All other groundwater heat pump injection wells that have a combined injection rate of less than six hundred thousand (600,000) BTUs per hour unless there is a potable water well, not owned by the owner of the heat pump, within one thousand feet (1000') which uses the same aquifer, strata or depth as a source;

3. Any sampling well constructed in conjunction with any injection/withdrawal well; and 4. Heat pumps constructed in such a way so as to not utilize groundwater, such as lateral line systems.

(C) Nothing in these regulations shall pre vent the department from taking action where the department finds that any activity exempt ed under subsection (1)(B) causes pollution of waters of the state, places, or permits to be placed, a water contaminant in a place where it is reasonably certain to cause pollution of any waters of the state or the activity other wise violates the Missouri Clean Water Law or these regulations.

(D) Drillers of injection/withdrawal wells shall comply with

##### **10 CSR 23-5.060** Construction Standards for Open Loop Heat Pump Systems That Use Groundwater and 10 CSR 23-3 Well Construction Code. {#sec-10-csr-23-5.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-5.060}

(E) Within ninety (90) days of notification by the department, owners or operators of injection wells exempted from the permit requirements of subsection (1)(B) are required to submit completed injection well inventory information on forms supplied by the department.

(2) Application.

(A) An application for an original operating permit or renewal of a former operating permit shall be made by letter for each injection/withdrawal well and shall include each of the following. The application may be supplemented with copies of information submitted for other federal or state permits.

1. Appropriate application fee as listed in 10 CSR 20-6.011;

2. Name and address of the company(s), organization(s), owner(s) or operator of the injection/withdrawal well;

3. Description of structure or process, or both, that will utilize the injection/withdrawal well;

4. Estimated depth of well, aquifer to be used (or anticipated aquifer), casing and related well construction data as recommended by the office of the state geologist;

5. Exact location of the proposed injec tion withdrawal well and any other wells that exist within two thousand feet (2000') shown on a seven and one-half (7 1/2) minute Unit ed States Geological Survey (USGS) topographic quadrangle map;

6. The depth of each well indicated on the map;

7. Maximum, minimum and average volume of water that will be injected or withdrawn on a daily basis;

8. Maximum, minimum and average temperature differential of injected/withdrawn water;

9. Computations showing how the temperature differentials were calculated;

10. General specifications of the installation including the heat exchange unit, pump and other structures;

11. If the injection/withdrawal well is located within one thousand feet (1000') of any potable water well, a registered professional geologist’s or registered professional geologic engineer’s recommendation and justification on the number and location of sampling wells if any are deemed necessary, and an estimate of the effect, in degrees Fahrenheit (F°), on all wells located within one thousand feet (1000'); and 12. A copy of the certified heat pump well drillers’ report to the Department of Natural Resources’ Missouri Geological Survey.

(B) All applications must be signed as follows:

1. For a corporation—by an officer of at least the level of plant manager;

2. For a partnership or sole proprietorship—by a general partner or the proprietor; or 3. For a municipal, state, federal or other public facility— by either a principal executive officer or ranking public official or his/her designee.

(C) All other reports required by the department shall be signed by a person designated in subsection (2)(B) of this rule or a duly authorized representative, where— 1. The representative so authorized is responsible for the overall operation of the facility from which the injection/withdrawal occurs; and 2. The authorization is made in writing by a person designated in subsection (2)(B) of this rule and is submitted to the director.

(D) Any changes in the written authoriza tion which occur after the issuance of a permit shall be reported to the department by submitting a new written authorization which meets the requirements of subsection (2)(C) of this rule.

(E) If an application is incomplete or otherwise deficient, the (F) Mail applications to Water Pollution Control Program, PO Box 176, Jefferson City, MO 65102.

(3) Operating Permits.

(A) In order to obtain an operating permit for groundwater heat pump injection/withdrawal wells, applications for an operating permit shall be submitted to the department in accordance with the timeframes listed in section 644.051, RSMo and 10 CSR 20-6.010.

(B) Prior to issuance of an operating permit, the department shall fulfill the public notice requirements as outlined in 10 CSR 20-6.020.

(4) Terms and Conditions of Permit.

(A) The following shall be incorporated as terms and conditions of all permits:

1. All injection/withdrawals shall be consistent with the terms and conditions of the permit;

2. The permit may be modified or revoked after reasonable notice for causes including, but not limited to:

A. A violation of any term or condition of the permit;

B. A misrepresentation or failure to disclose fully all relevant facts in obtaining a permit;

C. A change in the operation, size or capacity of the permitted facility; or D. An increase of more than ten degrees Fahrenheit (10°F) in any nearby potable water well that was in existence when the original operating permit was issued.

3. The injection/withdrawal permit may be issued for a period up to five (5) years, in accordance with section 644.051, RSMo and 10 CSR 20-6.010;

4. Permittees shall operate and maintain facilities to comply with the Missouri Clean Water Law, corresponding regulations and applicable permit conditions;

5. For the purpose of inspecting for compliance with the Clean Water Law and these regulations, authorized representatives of the department shall be allowed by the permittee, upon presentation of credentials and at reasonable times, to— A. Enter upon permittee’s premises in which a groundwater heat pump injec tion/withdrawal well is located or in which any records are kept under terms and conditions of the permit;

B. Have access to, or copy, any records kept under terms and conditions of the permit;

C. Inspect any sampling wells, monitoring equipment or method listed in the permit; and D. Sample for permit compliance;

6. Facility expansions, production increases or process modifications which will result in a new or substantially different injection/withdrawal must be reported sixty (60) days before the facility or process modification begins. Notification may be accomplished by application for a new permit, or by submission of notice to the department;

7. Copies of well location, driller’s logs, sample logs, casing schedule, volume of water, temperature, water quality and other information developed or determined for the completed installation shall be sent to the Missouri Department of Natural Resources (DNR), Water Pollution Control Program and Missouri Geological Survey;

8. Measure and record maximum, minimum and average water temperature monthly for each injection/withdrawal well and each monitoring well;

9. Measure and record maximum, minimum and average injection/withdrawal rates monthly;

10. Measure and record total dissolved solids monthly for each injection/withdrawal well and each monitoring well; and 11. A yearly report to the Department of Natural Resources’ Water Protection Program and Missouri Geological Survey, which contains the following information:

A. Volume of water withdrawn and injected;

B. Temperature records for each monitoring well; and C. Copies of water quality analyses performed.

(5) Prohibitions.

(A) No permit shall be issued:

1. Where the terms and conditions of the permit do not comply with applicable guidelines or requirements of the Missouri Clean Water Law and corresponding regulations or the Federal Clean Water Act and federal regulations;

2. Where the permit conditions do not ensure compliance with the applicable water quality requirements of any other affected states;

3. For the discharge of any pollutant, except thermal discharges; those pollutants contained in the withdrawal water may be reinjected;

4. For the discharge of any radiological, chemical or biological warfare agent or radioactive waste; and 5. For the construction or operation of a new injection/ withdrawal well which could degrade the usefulness of water withdrawn from earlier permitted wells.

(6) Permits Transferable.

(A) Subject to section (3), an operating permit may be transferred upon submission to the department of an application to transfer signed by a new owner. Until, such time as the permit is officially transferred, the original permittee remains responsible for complying with the terms and conditions of the existing permit.

(B) The department, within thirty (30) days of receipt of the application, shall notify the new applicant of its intent to revoke and reissue or transfer the permit.

**History**
- *AUTHORITY: section 644.026, RSMo 2016. Original rule filed Nov. 10, 1980, effective April 11, 1981. Amended: Filed March 9, 1984, effective Oct. 1, 1984. Amended: Filed March 1, 1996, effective Nov. 30, 1996. Amended: Filed June 13, 2018, effective Feb. 28, 2019. Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012,*

##### **10 CSR 20-6.080** Signatures for Construction Permits, Operating Permits and Groundwater Heat Pump Injection/ Withdrawal Wells {#sec-10-csr-20-6.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.080}

PURPOSE: This rule sets forth the authorization for the director of the Department of Natural Resources, in his/her capacity of administering Department of Natural Resources program, to delegate the review, reevaluation and approval/denial of construction permits, operating permits and permits to withdraw/inject water from/into subsurface wells.

(1) It is the responsibility of the Department of Natural Resources (DNR) to issue or deny Clean Water Commission permits.

(B) The reason(s) that the permit is being denied;

(C) Any action that the permittee could take to mitigate the denial and eventually secure the permit; and (D) The permittee’s right to appeal the staff denial to the Clean Water Commission within thirty (30) days.

**History**
- *Authority to issue/deny Clean Water Commission permits rests with the director of DNR acting in his/her capacity of administering DNR programs. This authority may be delegated by letter from the director of the DNR to his/her designee. Denial of a Clean Water Commission permit will be by a certified letter that states— (A) The permit is being denied;*
- *AUTHORITY: section 644.026, RSMo Supp. 1987. Original rule filed Jan. 13, 1981, effective May 11, 1981. Original authority: 644.026, RSMo 1972, amended 1973, 1987.*

##### **10 CSR 20-6.090** Class III Mineral Resources Injection/Production Well Operating Permits {#sec-10-csr-20-6.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.090}

PURPOSE: This regulation controls the construction and operations of mineral resources injection/production wells.

(1) Permits—General.

(A) This rule applies to Class III injection/production wells used for the extraction of minerals including:

1. Sulfur mining by the Frasch process;

2. In-situ production of uranium or other metals. This category includes only in-situ production from ore bodies which have not been conventionally mined;

3. In-situ combustion of fossil fuel; fos sil fuels include coal, tar sands, oil shale, and any other fossil fuel which can be mined by this process; and 4. Solution mining of salts or potash.

(B) This rule does not apply to wells used by generators of hazardous wastes or of radioactive wastes, by owners or operators of hazardous waste management facilities or by owners or operators of radioactive waste disposal sites to dispose of hazardous waste or radioactive waste into or above any underground formation. These types of wells are expressly forbidden under section 577.155, RSMo.

(C) All persons who build, erect, alter, replace, operate, use, or maintain existing or proposed Class III injection/production wells shall apply to the department for applicable permits using application forms provided by the department.

(D) Nothing in these regulations shall pre vent the department from taking action where the department finds that any activity that places, or permits to be placed, a water contaminant where it is reasonably certain to cause pollution of any waters of the state, or the activity otherwise violates

Chapter 644, RSMo, the Missouri Clean Water Law, or these regulations.

(E) Any information submitted to the department pursuant to these regulations may be claimed as confidential by the applicant. Any claim must be asserted at the time of submission in the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words confidential business information on each page containing the information. If no claim is made at the time of submission, the department may make the information available to the public without further notice. Claims of confidentiality for the following information will be denied:

1. The name and address of any permit applicant or permittee; and 2. Information which deals with the existence, absence or level of contaminants in drinking water.

(F) The permittee shall give advance notice to the director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.

(G) Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under these regulations for a period extending from the date the application is signed to the date the permit expires for at least three (3) years.

(2) Application.

(A) An application for an operating permit shall be made for each injection/production well and shall include each of the following items. The application may be supplemented with copies of information submitted for other federal or state permits.

1. All items listed in 10 CFR 144.31(e);

2. Description of the process that will be used for the mineral extractions, including injection/withdrawal procedures;

3. Estimated depth of the well, casing lengths and weights, intervals to be cemented, and related well construction data as recommended by the office of the state geologist;

4. Maximum and average volume of injected fluids and injection pressure that will be used on a daily basis;

5. Appropriate application fee as listed in 10 CSR 20-6.011;

6. Recommendation and justification on the number and location of sampling wells by a registered professional engineer or a qualified geologist as defined by sections 256.501 and 256.503, RSMo;

7. Where injection is into a formation which contains water with less than ten thousand milligrams per liter (10,000 mg/l) total dissolved solids (TDS), monitoring wells shall be:

A. Completed into the injection zone and into any underground sources of drinking water (USDW) above the injection zone which could be affected by the mining operation;

B. Located in a fashion as to detect any excursions of injection fluids, process by-products, or formation fluids outside the mining area or zone; and C. Located as not to be physically affected by a subsidence or catastrophic collapse;

8. Where injection is into a formation which does not contain water with less than ten thousand (10,000) mg/l TDS, no moni toring wells are necessary in the injection zone;

9. Where the injection wells penetrate an underground source of drinking water (USDW) in an area subject to subsidence or catastrophic collapse, an adequate number of monitoring wells shall be:

A. Completed into the USDW to detect any movement of injected fluids, process by-products, or formation fluids into a USDW; and B. Located as not to be physically affected by a subsidence or catastrophic collapse;

10. In determining the number, location, construction and frequency of sampling of the monitoring wells, the following criteria shall be considered:

A. Population relying on the USDW affected or potentially affected by the injec tion operation;

B. Proximity of the injection opera tion to points of withdrawal of drinking water;

C. Local geology and hydrology;

D. Operating pressures and whether a negative pressure is being maintained;

E. Nature and volume of the injected fluid, the formation water, and the process by-products; and F. Injection well density;

11. Map(s) describing an area of review for each Class III injection/production well or group of wells, as determined by a registered professional engineer or a qualified geologist as defined by sections 256.501 and 256.503, RSMo. The area of review shall be that area the radius of which is determined by the lateral distance from a Class III injection/production well or perimeter of a group of wells in which the pressure in the injection zone may cause the migration of injection or formation, or both, fluid into an USDW or into an improperly constructed, plugged, or abandoned well or test hole.

A. The radius of the area of review may be calculated using a mathematical model (for example, modified Thesis equation) and shall be calculated for an injection time period at least equal to the expected life of the well(s). The owner or operator must demonstrate to the director that the mathematical model used and the calculated area of review are appropriate for the known hydrologic properties of the underlying formations.

B. A fixed radius around the well or the perimeter of a group of wells of not less than one-half (1/2) mile may be used.

In determining the fixed radius, the following factors shall be taken into consideration: chemistry of injected and formation fluids, hydrogeology, population and groundwater use and dependence, and historical practices in the area.

C. If the area of review is determined by a mathematical model pursuant to sub paragraph (2)(B)8.A. the permissible radius is the result of the calculation even if it is less than onehalf (1/2) mile.

D. Nothing in this section shall prevent the director from imposing alternate areas of review when geologic or hydrologic conditions render a calculated or fixed area a potential threat to an underground source of drinking water;

12. Submit with the application a mapped and tabulated inventory of all known water supply, injection/production, abandoned and test wells, including field names or numbers and locations of the wells, public water systems, within the area of review and a separate tabulation of all the wells, which penetrate the injection zone list ing each well’s type, construction method, date drilled, location, depth, and record of plugging or completion, or both, including a description of all corrective action(s) proposed to be performed to render wells penetrating the injection zone sealed, plugged, or otherwise impervious to the migration of fluids into or between well bores, USDWs, or different aquifers. The applicant is responsible for the inventory and corrective action requirements of this

section and shall extend every reasonable effort to locate all wells within the area of review of the applicant well(s);

13. A plan for plugging and abandonment. Where the plan meets the requirements of this paragraph, the director shall incorporate it into the permit as a condition. Where the director’s review of an application indicates that the permittee’s plan is inadequate, the director shall require the applicant to revise the plan, prescribe conditions meeting the requirements of this paragraph or deny the application. For purposes of this paragraph, temporary intermittent cessation of injection operations is not abandonment;

14. Prior to granting approval for the plugging and abandonment of a Class III well, the director shall consider the following information:

A. The type and number of plugs to be used;

B. The placement of each plug, includ ing the elevation of the top and bottom;

C. The type, grade, and quantity of cement to be used;

D. The method of placement of the plugs;

15. The permittee is required to maintain financial responsibility and resources to close, plug, and abandon the underground injection operation in a manner prescribed by the director. The permittee must show evidence of financial responsibility to the direc tor by the submission surety bond or other adequate assurance such as financial statements or other materials acceptable to the director;

16. Maps and cross-sections indicating the vertical limits of all USDWs within the area of review, their position relative to the injection formation, and the direction of water movement, where known, in every under ground source of drinking water which may be affected by the proposed injection;

17. Maps and cross-sections detailing the geologic structure of the local area;

18. Generalized map and cross-sections illustrating the regional geologic setting;

19. Qualitative analysis and ranges in concentrations of all constituents of injected fluids. The applicant may request confiden tiality as specified in subsection (1)(E). If the information is proprietary, an applicant, in lieu of the ranges in concentrations, may choose to submit maximum concentrations which shall not be exceeded. In this case the applicant shall retain records of the undis closed concentrations and provide them upon request to the director as part of any enforcement investigation;

20. Proposed formation testing program to obtain the information required by paragraph (2)(H)4.;

21. Proposed stimulation program;

22. Schematic or other appropriate drawings of the surface and subsurface construction details of the well;

23. Plans, including maps, for meeting the monitoring requirements of subsection (4)(D);

24. Expected changes in pressure, native fluid displacement, and direction of movement of injection fluid;

25. Contingency plans to cope with all shut-ins or well failures so as to prevent the migration of contaminating fluids into the USDW;

26. A certificate that the applicant has assured, through a performance bond or other appropriate means, the resources necessary to close, plug, or abandon the well as required by paragraph (2)(B)19.;

27. The corrective action proposed to be taken under paragraph (2)(B)18.;

28. Where the injection zone is a forma tion which is naturally water-bearing, the fol lowing information concerning the injection zone shall be determined or calculated for new Class III wells or projects:

A. Fluid pressure;

B. Fracture pressure; and C. Physical and chemical characteris tics of the formation fluids;

29. Where the injection formation is not a water-bearing formation, only the informa tion in subparagraph (2)(A)28.B. must be submitted;

30. Where the permittee becomes aware that s/he failed to submit any relevant facts in a permit application, or has submitted incor rect information in a permit application or in any report to the director, the permittee shall promptly submit the facts or information; and 31. Data sufficient to allow the department to carry out aquifer exemption proce dures under the Safe Drinking Water Act, UIC program. The information shall be sufficient to demonstrate that the aquifer is expected to be mineral or hydrocarbon pro ducing. Information for the proposed project, such as a map and general description of the mining zone, general information on the min eralogy and geochemistry of the mining zone, analysis for the amenability of the mining zone to the proposed mining method, and a timetable of planned development of the min ing zone shall be considered by the director.

(B) All applications must be signed as follows:

1. For a corporation—by an officer of at least the level of plant manager;

2. For a partnership or sole proprietorship—by a general partner or the proprietor; or 3. For a municipal, state, federal, or other public facility— by either a principal executive officer or ranking public official or his/her designee.

(C) All other reports required by the department shall be signed by a person desig nated in subsection (2)(B) of this rule or a duly authorized representative, where— 1. The representative so authorized is responsible for the overall operation of the facility from which the injection/withdrawal occurs; and 2. The authorization is made in writing by a person designated in subsection (2)(B) of this rule and is submitted to the director.

(D) Any changes in the written authoriza tion which occur after the issuance of a per mit shall be reported to the department by submitting a new written authorization which meets the requirements of subsection (2)(C) of this rule.

(E) If an application is incomplete or otherwise deficient, the (F) Any person signing a document under subsection (2)(B) or (C) shall make the following certification:

I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false infor mation, including the possibility of fine and imprisonment.

(G) Mail applications to Water Pollution Control Program, PO Box 176, Jefferson City, MO 65102.

(H) Prior to granting approval for the operation of a Class III well, the director shall consider the following information:

1. All available logging and testing data on the well;

2. A satisfactory demonstration of mechanical integrity;

3. The anticipated maximum pressure and flow rate at which the permittee will operate;

4. The results of the formation testing program;

5. The actual injection procedures; and 6. The status of corrective action on defective wells in the area of review.

(3) Operating Permits.

(A) In order to obtain an operating permit for Class III injection/production wells, application for an operating permit shall be submitted to the department in accordance with the timeframes listed in section 644.051, RSMo and 10 CSR 20-6.010.

(B) The director may issue a permit on an area basis, rather than for each well individ ually, provided that the permit is for injection wells— 1. Described and identified by location in permit application(s) if they are existing wells, except that the director may accept a single description of wells with substantially the same characteristics;

2. Located within the same well field, facility site, reservoir, project, or similar unit in the same state;

3. Operated by a single owner or opera tor;

4. Area permits specify— A. The area within which underground injections are authorized; and B. The requirements for construction, monitoring, reporting, operation, and abandonment for all wells authorized by the permit.

5. Area permits may authorize the permittee to construct and operate, convert, or plug and abandon wells within the permit area provided— A. The permittee notifies the director at a time as the permit requires;

B. The additional well satisfies the criteria in subsection (3)(B) and meets the requirements specified in the permit under paragraph (3)(B)4; and C. The cumulative effects of drilling and operation of additional injection wells are considered by the director during evaluation of the area permit application and are acceptable to the director.

(C) If the director determines that any well constructed pursuant to paragraph (3)(B)5. does not satisfy any of the requirements of subparagraphs (3)(B)5.A. and B., the director may modify or terminate the permit or take enforcement action. If the director deter mines that cumulative effects are unacceptable, the permit may be modified or terminated.

(4) Terms and Conditions of Permits.

(A) The following shall be incorporated as terms and conditions of all permits:

1. All operations shall be consistent with the terms and conditions of the permit;

2. The permit may be modified or revoked after reasonable notice for causes including, but not limited to:

A. Material and substantial alterations or additions to the permitted facility or activ ity which occurred after permit issuance, which justify the application of permit condi tions that are different or absent in the exist ing permit;

B. New information received by the director, including information indicating that cumulative effects on the environment are unacceptable;

C. The standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued;

D. Good cause, as determined by the director, exists for modification of a compli ance schedule, such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no con trol and for which there is no reasonably available remedy; and E. Notification of a proposed transfer of the permit has been received by the direc tor;

3. Suitability of the facility will not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance;

4. The permit may be issued for a period of up to five (5) years in accordance with section 644.051, RSMo and 10 CSR 20-6.010. If the permittee wishes to continue an activity regulated by the permit after the expiration date of the permit, the permittee must apply for and obtain a new permit prior to the expiration date of the permit in effect;

5. The director may terminate a permit during its term or deny a permit renewal application for the following causes:

A. Noncompliance by the permittee with any condition of the permit;

B. The permittee’s failure in the appli cation or during the permit issuance process to disclose fully all relevant facts or the per mittee’s misrepresentation of any relevant facts at any time; or C. A determination that the permitted activity endangers human health or the envi ronment and can only be regulated to acceptable levels by permit modification or termination;

6. For the purpose of inspecting for compliance with the Clean Water Law and these regulations, authorized representatives of the department shall be allowed by the per mittee, upon presentation of credentials and at reasonable times, to— A. Enter upon permittee’s premises in which Class III injection/production well is located or in which any records are kept under terms and conditions of the permit;

B. Have access to or copy, any records to be kept under terms and conditions of the permit;

C. Inspect any sampling wells, moni toring equipment, or method listed in the permit; and D. Sample for permit compliance;

7. Facility expansions, production increases or process modifications which will result in a new substantially different operation must be reported sixty (60) days before the facility or process modification begins. Notification may be accomplished by applica tion for a new permit or by submission of notice to the department;

8. Copies of well location, driller’s logs, sample logs, casing schedule, volume of water, temperature, water quality, cement records, and other information developed or determined for the completed installation shall be sent to the Missouri Department of Natural Resources, Water Pollution Control Program and to the Missouri Department of Natural Resources, Division of Geology and Land Survey;

9. Measure and record maximum and average injection/ withdrawal volumes and pressures semi-monthly;

10. Measure and record total dissolved solids semi-monthly for each injection/production well and each monitor ing well;

11. Submit a quarterly report to the agencies listed in paragraph (4)(A)8. which contains the following information:

A. Volume and pressure of fluids injected and withdrawn; and B. Copies of water quality analyses performed; and 12. Information on compliance and non compliance shall be submitted by the permittee as follows:

A. No later than thirty (30) days following each compliance schedule date, submit in writing compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule pertaining to this permit.

B. Within twenty-four (24) hours of becoming aware of the circumstances, report orally any noncompliance which may endanger health or the environment, including information which indicates that any contaminant may cause an endangerment to a USDW, or noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between USDWs.

C. Within five (5) days of becoming aware of the circumstances, report in writing a description of the noncompliance and its cause, the peri od of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance; and D. With the next scheduled monitoring report, submit in writing all instances of noncompliance not reported under other sections of this rule, including the information listed in subparagraph (4)(A)12.A. through C.

(B) No owner or operator shall construct, operate, maintain, convert, plug, or abandon any Class III injection/production well or conduct any other activity in a manner that allows the movement of fluid containing any contaminant into USDWs.

The applicant for a permit shall have the burden of showing that the requirements of this section are met through a demonstration of mechanical integrity by completing each of the following:

1. Demonstrate the absence of significant leaks utilizing at least one (1) of the following procedures: a pressure test with liquid or gas; monitoring of annulus pressure in wells injecting at a positive pres sure following an initial pressure test; or any other test(s) that the state geologist considers effective.

2. Demonstrate the absence of significant migration of fluids in channels adjacent to the well bore utilizing at least two (2) of the following procedures: noise logs, temperature surveys, cement records demonstrating the presence of adequate cement to prevent migration (used only if the nature of casing precludes the use of noise logs or temperature surveys); or any other test(s) approved by Environmental Protection Agency (EPA) and that the state geologist considers effective.

3. Demonstrate mechanical integrity before operations may begin by submitting documentation of successful demonstrations of mechanical integrity, or by allowing department personnel to witness the demonstrations. Scheduling of witnessed demonstrations of mechanical integrity may be at the reasonable conve nience of the applicant. Nothing in this rule will prevent the director from rescheduling a test at a reasonable time convenient to the applicant when necessary to allow depart ment personnel to witness the test(s).

(C) For Class III injection/production wells—if any water quality monitoring of any USDW indicates the movement of any contaminant into the USDW, the director shall prescribe the additional requirements for construction, corrective action, operation, monitoring or reporting (including closure of the injection/production well) as are necessary to prevent this movement. These additional requirements shall be imposed by modifying the permit in accordance with this regulation or the permit may be terminated.

(D) Monitoring requirements, at a minimum, shall specify— 1. Monitoring of the nature of injected fluids with sufficient frequency to yield representative data on its characteristics. Whenever the injection fluid is modified to the extent that the analysis completed in accordance with paragraph (2)(A)19. is incorrect or incomplete, a new analysis in accordance with paragraph (2)(A)19. shall be provided to the director;

2. Monitoring of injection pressure and either flow rate or volume semi-monthly, or metering and daily recording of injected and produced fluid volumes as appropriate;

3. Monitoring of the fluid level in the injection zone semimonthly where appropriate and monitoring of the parameters chosen to measure water quality in the monitoring wells in accordance with paragraph (4)(D)1. semimonthly; and 4. Quarterly monitoring of wells in accordance with paragraph (4)(E)1.

(E) Reporting requirements, at a minimum, shall include:

1. Quarterly reporting to the director on required monitoring;

2. Results of mechanical integrity tests and any other periodic test required by the department reported with the first regular quarterly report after the completion of the test; and 3. Monitoring may be reported on a project or field basis rather than individual well basis where manifold monitoring is used.

(5) Prohibitions.

(A) No permit shall be issued:

1. Where the terms and conditions of the permit do not comply with applicable guidelines or require ments of the Clean Water Law and corre sponding regulations or relevant federal laws.

2. Where the permit conditions do not ensure compliance with the applicable water quality requirements of any other affected states.

3. For the dis charge of any pollutant not necessary to the extraction process, except thermal dis charges; those produced pollutants contained in the formation water may be reinjected into a formation of the same TDS concentration.

4. For the discharge of any radiological, chemical, or biological warfare agent or radioactive waste.

5. For the con struction or operation of a new injection/ production well which would degrade the usefulness of water withdrawn from earlier permitted wells.

6. For a well utilizing annular injection or production.

(B) No well shall be operated so that fluid pressures in the injection zone exceed the fracture pressure calculated or known for that formation.

(C) New injection wells may not com mence injection until construction is com plete and— 1. The permittee has submitted notice of completion of construction to the director and— A. The director has inspected or otherwise reviewed the new injection well and finds it is in compliance with the conditions of the permit; or B. The permittee has not received notice from the director of the intent to inspect or otherwise review the new injection well within thirteen (13) days of the date of the notice in paragraph (5)(C)1. of this rule, in which case prior inspection or review is waived and the permittee may commence injection.

(I) No operation shall commence until corrective actions outlined in paragraph (2)(A)12. and those required by the department have been completed.

(6) Class III Injection/Production Well Construction Requirements.

(A) All new injection/production wells shall meet each of the following conditions:

1. Wells are cased and cemented to prevent the migration of fluids into or between USDWs or potential sources of drinking water;

2. The casing and cement used in construction of each newly drilled well is designed for the life of the well;

3. Consider the following factors when determining and specifying casing and cementing requirements:

A. Depth to the injection/production zone;

B. Injection pressure, external pressure, internal pressure, axial loading;

C. Borehole size;

D. Size and grade of all casing strings including wall thickness, diameter, nominal weight, length, joint specification, and construction material;

E. Corrosiveness of injection/production and formation fluids or combinations;

F. Lithology of injection/production and confining zones;

G. Type and grade of cement.

(B) Each well or group of wells utilizing a positive displacement pump shall be equipped with both high and low safety switches which will shut down the pump in case of pressure increase over the authorized pressure or sudden pressure loss.

(C) Appropriate logs and other tests shall be conducted during the drilling and construction of new injection/production wells. A descriptive report shall be prepared by a qualified log analyst and submitted to the director. The logs and test appropriate to each type of well shall be determined on the intended function, depth, construction and other characteristics of the well, availability of similar data in the area of the drilling site and the need for additional information that may arise from time-to-time as the construction of the well progresses.

At a minimum, the logs and test shall include deviation checks conducted on all holes where pilot holes and reaming are used at sufficiently frequent intervals to assure that vertical avenues for fluid migration in the form of diverging holes are not created during drilling.

(7) Permits Transferable.

(A) Subject to section (3), an opening permit may be transferred upon submission to the department of an application to transfer signed by a new owner. Until that time as the permit is officially transferred, the original permittee remains responsible for complying with the terms and conditions of the existing (B) Within thirty (30) days of receipt of the application the department, shall notify the new applicant of the intent to revoke and reissue or transfer the permit.

(8) Plugging and Abandonment.

(A) Prior to abandoning Class III wells the well shall be plugged with cement in a manner which will not allow the movement of fluids between one (1) aquifer or formation and another. The director may allow Class III wells to use other plugging materials if s/he is satisfied that the materials will prevent movement of fluids into or between USDWs.

(B) Placement of the cement plugs shall be accomplished by one (1) of the following:

1. The balance method;

2. The dump method;

3. The two (2)-plug method; or 4. An alternative method approved by the director which will reliably provide a comparable level of protection.

(C) The well to be abandoned shall be in a state of static equilibrium with the mud weight equalized top to bottom, either by circulating the mud in the well at least once or by a comparable method prescribed by the director prior to the placement of the cement plug(s).

(D) The director shall prescribe aquifer cleanup and monitoring where s/he deems it necessary and feasible to insure adequate protection of USDWs.

(E) The permittee shall notify the director at the times as the permit requires before conversion or abandonment of the well or in the case of area permits before closure of the project.

**History**
- *AUTHORITY: section 644.026, RSMo 2016. Original rule filed Nov. 9, 1983, effective June 1, 1984. Amended: Filed June 13, 2018, effective Feb. 28, 2019. Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012,*

##### **10 CSR 20-6.100** General Pretreatment Regulation {#sec-10-csr-20-6.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.100}

PURPOSE: This rule sets forth procedures to prevent the introduction of pollutants into publicly-owned treatment works which will interfere with the operation of publicly-owned treatment works, including interference with its use or disposal of municipal sludge, to prevent the introduction of pollutants into publicly-owned treatment works which will pass through the treatment works or otherwise be incompatible with these works, and to improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludges.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) The Environmental Protection Agency federal regulations, 40 CFR Parts 403 through 471, inclusive, that are in effect as of January 1, 2011, herein incorporated by reference, are available by writing to the Office of the Federal Register and the of Documents, Pittsburgh, PA 15250-7954. This rule does not incorporate any subsequent amendments or additions. The substitution of terms set forth shall apply in this rule in addition to any other modifications set forth in this rule.

(2) Provisions Incorporated.

(A) The provisions of the General Pretreatment Regulations for Existing and New Sources of Pollution, 40 CFR Part 403, as in effect January 1, 2011, are hereby adopted and incorporated by reference, not including any later amendments or additions, subject to the additions, modifications, and substitutions set forth in 10 CSR 20-6.100(4) through (13).

(B) The provisions of the following rules, as in effect January 1, 2011, are hereby adopted and incorporated by reference, not including any later amendments or additions, subject to the additions, modifications, or substitutions set forth in 10 CSR 20-6.100(4) through (13). The rules in this list refer to only the rules that contain pretreatment standards or limitations for industrial facilities that discharge to the local publicly-owned treatment works. 40 CFR Part 406 Grain Mills Point Source Category 40 CFR Part 413 Electroplating Point Source Category 40 CFR Part 414 Organic Chemicals, Plastics, and Synthetic Fibers 40 CFR Part 415 Inorganic Chemicals Manufacturing Point 40 CFR Part 417 Soap and Detergent Manufacturing Point 40 CFR Part 418 Fertilizer Manufacturing Point Source Category 40 CFR Part 419 Petroleum Refining Point Source Category 40 CFR Part 420 Iron and Steel Manufacturing Point Source 40 CFR Part 421 Nonferrous Metals Manufacturing Point Source 40 CFR Part 423 Steam Electric Power Generating Point Source 40 CFR Part 425 Leather Tanning and Finishing Point Source 40 CFR Part 426 Glass Manufacturing Point Source Category 40 CFR Part 428 Rubber Manufacturing Point Source Category 40 CFR Part 429 Timber Products Processing Point Source 40 CFR Part 430 Pulp, Paper, and Paperboard Point Source 40 CFR Part 433 Metal Finishing Point Source Category 40 CFR Part 435 Oil and Gas Extraction Point Source Category 40 CFR Part 437 Centralized Waste Treatment Point Source 40 CFR Part 439 Pharmaceutical Manufacturing Point Source 40 CFR Part 442 Transportation Equipment Cleaning Point 40 CFR Part 443 Effluent Limitations Guidelines for Existing Sources and Standards of Performance and Pretreatment Standards for New Sources for the Paving and Roofing Materials (Tars and Asphalt) Point Source Category 40 CFR Part 444 Waste Combustors Point Source Category 40 CFR Part 446 Paint Formulating Point Source Category 40 CFR Part 447 Ink Formulating Point Source Category 40 CFR Part 455 Pesticide Chemicals 40 CFR Part 458 Carbon Black Manufacturing Point Source 40 CFR Part 461 Battery Manufacturing Point Source Category 40 CFR Part 464 Metal Molding and Casting Point Source 40 CFR Part 465 Coil Coating Point Source Category 40 CFR Part 466 Porcelain Enameling Point Source Category 40 CFR Part 467 Aluminum Forming Point Source Category 40 CFR Part 468 Copper Forming Point Source Category 40 CFR Part 469 Electrical and Electronic Components Point 40 CFR Part 471 Nonferrous Metals Forming and Metal Powders Point Source Category Note: 40 CFR Part 412 Concentrated Animal Feeding Operations (CAFO) Point Source Category has been adopted at 10 CSR 20- 6.300(4)(C).

(3) Federal statutes and regulations that are cited in 40 CFR Parts 403 through 471 that are not specifically adopted by reference shall be used as guidelines in interpreting the federal regulations in Parts 403 through 471.

(4) The “director” as used in the provisions of the Code of Federal Regulations which are incorporated by reference, means the director of staff of the Missouri Clean Water Commission or that person’s delegated representative.

(5) In the provisions of 40 CFR Part 403, following all occurrences of the citation to 40 CFR Part 136, add the phrase “or 10 CSR 20-7.015(9)(A)2.”

(6) In lieu of 40 CFR Section 403.4, the following shall apply:

(A) Local Law. The provisions of 10 CSR 20-6.100 shall not supersede any pretreatment requirements, including any standards or prohibitions established by any local law, as long as the local requirements are not less stringent than any set forth in the pretreatment requirements of 10 CSR 20-6.100 or other requirements or prohibitions established by the state or federal government.

(7) State Enforcement Actions. In lieu of 40 CFR Section 403.5(e), the following shall apply:

(A) If, within thirty (30) days after notice of an interference or pass-through violation has been sent by the state to the publically-owned treatment works (POTW) and to persons or groups who have requested the notice, the POTW fails to commence appropriate enforcement action to correct the violation, the state may take appropriate enforcement action.

(8) Substitute “Missouri Clean Water Commission” for “Regional Administrator” in 40 CFR Section 403.6(a)(5).

(9) Substitute “Missouri Clean Water Law, Chapter 644, Water Pollution, Powers and Duties of the Commission—rules, procedure. Section 644.026(13), RSMo,” for “section 402(b)(1)(C) of the Act” in 40 CFR Section 403.8(e).

(10) Substitute “Missouri Department of Natural Resources” for the term “agency” in the 40 CFR Section 403.16.

(11) Confidentiality.

(A) In lieu of 40 CFR Section 403.14(a), the following shall apply:

1. Authorities. Any claim for confidentiality to the control

(B) The provisions of 40 CFR Section 403.14(c) are omitted.

(12) Pretreatment Authorization. Where the director is also the control authority, the director may issue a pretreatment authorization to a categorical industrial user which discharges industrial process wastewater to a POTW. This authorization will be used to set forth the conditions governing the user’s discharge to the POTW, where the POTW does not have an approved pretreatment program or the POTW has not issued discharge permits that meet the requirements set forth in 10 CSR 20-6.100(2) and (3).

(13) Judicial Relief.

(A) The director shall have authority to seek judicial relief pursuant to Missouri Clean Water Law, Chapter 644, including

section 644.076, RSMo, for noncompliance by industrial users when the POTW has failed to act or has acted to seek such relief but has sought judicial relief which the director finds to be insufficient. The procedures for notice to dischargers where the POTW is seeking ex parte temporary judicial injunctive relief will be governed by applicable state or federal law and not by this provision.

(B) The director shall have authority to seek judicial relief pursuant to the Missouri Clean Water Law, Chapter 644, including section 644.076, RSMo, for noncompliance by industrial users where the director is the control authority.

**History**
- *authority must be in accordance with the Missouri Sunshine Law, Chapter 610, RSMo. If no claim is made at the time of submission, the control authority may make the information available to the public without further notice.*
- *AUTHORITY: section 644.041, RSMo 2000. Original rule filed Feb. 1, 1988, effective June 13, 1988. Amended: Filed March 1, 1996, effective Nov. 30, 1996. Rescinded and readopted: Filed Nov. 9, 2011, effective Oct. 30, 2012. Original authority: 644.041, RSMo 1972, amended 1973.*

##### **10 CSR 20-6.200** Storm Water Regulations application for permits for storm water discharges and the terms and conditions for the permits. {#sec-10-csr-20-6.200 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.200}

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Storm Water Permits—General.

(A) All persons who operate, use, or maintain existing storm water point sources or who disturb land that would result in a storm water point source shall apply to the department for the permits required by the Missouri Clean Water Law and these regulations. A permit must be obtained before beginning any new construction related to the above activities. The department issues these permits in order to enforce the Missouri Clean Water Law and regulations and administer the state operating permit program.

(B) Nothing shall prevent the department from taking action, including the requirement for issuance of any permits under the Missouri Clean Water Law and regulations, if any of the operations exempted should cause pollution of waters of the state or otherwise violate the Missouri Clean Water Law or these regulations. The following are exempt from storm water permit regulations:

1. Areas located on plant lands separate from the plant’s industrial activities, such as office buildings and accompanying parking lots, as long as the drainage from the excluded areas is not mixed with storm water drained from permitted areas;

2. De minimis discharges as defined by the department in general permits or by the Clean Water Commission;

3. Recycling collection points which are covered in a manner which prevents contact with storm water, including run on;

4. Farmlands, domestic gardens, or lands used for sludge management where domestic sludge is beneficially reused and which are not physically located in the confines of the facility producing the sludge;

5. Agricultural storm water discharges and irrigation return flows;

6. Sites that disturb less than one (1) acre of total land area which are not part of a common plan or sale. Land disturbance activity on an individual residential building lot is not considered as part of the overall subdivision unless the activity is by the developer to improve the lot for sale;

7. Linear, strip, or ribbon construction or maintenance operations meeting one (1) of the following criteria:

A. Grading of existing dirt or gravel roads which does not increase the runoff coefficient and the addition of an impermeable surface over an existing dirt or gravel road;

B. Cleaning or routine maintenance of roadside ditches, sewers, waterlines, pipelines, utility lines, or similar facilities;

C. Trenches two (2) feet in width or less; or D. Emergency repair or replacement of existing facilities as long as best management practices are employed during the emergency repair;

8. Mowing, brush hog clearing, tree cutting, or similar activities which do not grade, dig, excavate, or otherwise remove or kill the surface growth and root system of the ground cover;

9. Landfills which have received Missouri Department of Natural Resources approval to close and which are in compliance with any post-closure monitoring, management requirements, and deed restrictions, unless the department determines the facility is a significant discharger of storm water related pollutants;

10. Facilities built to control the release of only storm water are not subject to the construction permitting requirement of 10 CSR 20-6.010(4), provided that the storm water does not come in contact with process waste, process wastewater, or significant materials, and the storm water is not a significant contributor of pollutants;

11. Phase II municipal separate storm sewer systems (MS4) may request a waiver from the department in accordance with 40 CFR part 122.32(c), December 8, 1999, as published by the Environmental Protection Agency (EPA) Docket Center, EPA West, 1301 Constitution Avenue NW, Washington, DC 20004, are incorporated by reference. This rule does not incorporate any subsequent amendments or addition;

12. A regulated MS4 may share the responsibility under the A. A MS4 may develop an agreement with another entity to assist with satisfying the National Pollutant Discharge Elimination System (NPDES) permit obligations or with implementing a minimum control measure if— (I) The other entity currently implements the control measure;

(II) The particular control measure, or component thereof, is at least as stringent as the corresponding permit requirement; and (III) A MS4 that relies on another entity to satisfy some of the permit obligations specifies the condition of the agreement, including a description of the obligations implemented by the other entity. The permitted MS4 remains ultimately responsible for compliance with the permit obligations if the other entity fails to implement the control measure (or component thereof);

B. In some cases, the department may recognize, either in an individual permit or in a general permit, that another governmental entity is responsible under a permit for implementing one (1) or more of the minimum control measures for a MS4. Where the department recognizes these dual responsibilities, the department may not require the MS4 to include such minimum control measure(s) in their program.

The MS4 permit may be modified to include the requirement to implement a minimum control measure if the other entity fails to implement it; and 13. The director may waive the otherwise applicable requirements in a general permit for a storm water discharge from construction activities that disturb less than five (5) acres, but more than one (1) acre, where— A. The value of the rainfall erosivity factor R in the Revised Universal Soil Loss Equation is less than five (5) during the period of construction activity. The rainfall erosivity factor is determined in accordance with Chapter 2 of Agriculture Handbook Number 703, Predicting Universal Soil Loss Equation (RUSLE), pages 21–64, dated January 1997, which is incorporated in this rule by reference. Copies may be obtained from EPA’s Water Resource Center, Mail Code RC4100, 401 M Street SW, Washington, DC 20460. An operator must certify to the director that the construction activity will take place during a period when the value of the rainfall erosivity factor is less than five (5); or B. A total maximum daily load (TMDL) approved or established by the department or by the EPA that addresses the pollutant(s) of concern without the need for storm water controls; and C. Waste load allocations are not needed on non-impaired waters to protect water quality based on consideration of existing in-stream concentrations, expected growth in pollutant contributions from all sources, and a margin of safety.

For the purpose of paragraph (1)(B)13. and subparagraph (1)

(B)13.C. of this rule, the pollutant(s) of concern include sediment or a parameter that addresses sediment (such as total suspended solids, turbidity, or siltation) and any other pollutant that has been identified as a cause or a potential cause of impairment of any water body that will receive a discharge from the construction activity. The operator must certify to the department that the construction activity will take place, and that storm water discharges will occur, within the drainage area addressed by the TMDL or by an equivalent analysis.

(C) No Exposure Certification. A storm water permit under this rule may be excluded for industrial activities that do not expose materials to storm water. No exposure exists if the industrial materials and activities are protected from rain, snow, snowmelt, and/or runoff and the operator meets the requirements under paragraph (C)1. and subparagraph (C)2.C. of this 1. Industrial materials and activities protected by storm resistant shelter. No exposure means that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff.

Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product, or waste product. To qualify a permit exclusion under this paragraph, the operator of the discharge must:

A. Provide a storm resistant shelter to protect industrial materials and activities from exposure to rain, snow, snowmelt, and runoff;

B. Complete and sign a certification that storm water is not contaminated by exposure to industrial materials and activities from the entire facility;

C. Re-submit the signed certification to the department once every five (5) years;

D. Allow the department to inspect the facility to determine compliance with the no-exposure conditions;

E. Make the no-exposure inspection reports available to the public upon request; and F. For facilities that discharge through a MS4, submit a copy of the certification of no-exposure to the MS4 operator, as well as allow inspection and public reporting of the inspection findings by the MS4 operator.

2. Industrial materials and activities not requiring storm resistant shelter. An industrial site may qualify for this exclusion without a storm resistant shelter if— A. Drums, barrels, tanks, and similar containers are tightly sealed, provided those containers are not deteriorated and do not leak. Sealed means banded or otherwise secured and without operational taps or valves;

B. Adequately maintained vehicles are used in material handling; and C. All industrial materials consist of final products, other than products that would be mobilized by storm water.

(D) Definitions.

1. Best management practices (BMPs). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the state. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

2. BMPs for land disturbance. A schedule of activities, practices, or procedures that reduces the amount of soil available for transport or a device that reduces the amount of suspended solids in runoff before discharge to waters of the state. Types of BMPs for storm water control include but are not limited to— A. State-approved standard specifications and permit programs;

B. Employee training in erosion control, material handling and storage, and housekeeping of maintenance areas;

C. Site preparation such as grading, surface roughening, topsoiling, tree preservation and protection, and temporary construction entrances;

D. Surface stabilization such as temporary seeding, permanent seeding, mulching, sodding, ground cover including vines and shrubs, riprap, and geotextile fabric. Mulches may be hay, straw, fiber mats, netting, wood cellulose, corn or tobacco stalks, bark, corn cobs, wood chips, or other suitable material which is reasonably clean and free of noxious weeds and deleterious materials. Grasses used for temporary seeding shall be a quick-growing species such as rye grass, Italian rye grass, or cereal grasses suitable to the area and which will not compete with the grasses sown later for permanent cover;

E. Runoff control measures such as temporary diversion dikes or berms, permanent diversion dikes or berms, rightof-way or perimeter diversion devices, and retention and detention basins. Sediment traps and barriers, sediment basins, sediment (silt) fence, and staked straw bale barriers;

F. Runoff conveyance measures such as grass-lined channels, riprap, and paved channels, temporary slope drains, paved flumes, or chutes. Slope drains may be constructed of pipe, fiber mats, rubble, Portland cement concrete, bituminous concrete, plastic sheets, or other materials that adequately will control erosion;

G. Inlet and outlet protection;

H. Streambank protection such as a vegetative greenbelt between the land disturbance and the watercourse. Also, structural protection which stabilizes the stream channel;

I. A critical path method analysis or a schedule for performing erosion control measures; and J. Other proven methods for controlling runoff and sedimentation.

3. Copetitioner. A person with apportioned legal, financial, and administrative responsibility based on land area under its control for filing Part 1 and Part 2 of a state operating permit for the discharge of storm water from municipal separate storm sewer systems. A copetitioner becomes a copermittee once the permit is issued.

4. Copermittee. A permittee to a state operating permit that is responsible only for permit conditions relating to the discharge for which it is owner or operator, or both.

5. De minimis water contaminant source. A water contaminant source, point source, or wastewater treatment facility that is determined by the department to pose a negligible potential impact on waters of the state, even in the event of the malfunction of wastewater treatment controls or material handling procedures.

6. Field screening point. A specific location which during monitoring will provide representative information to indicate the presence of illicit connections or illegal dumping and quality of water within a municipal separate storm sewer system.

7. Illicit discharge. Any discharge to a municipal separate storm sewer that is not composed entirely of storm water, except discharges pursuant to a state operating permit, other than storm water discharge permits and discharges from fire fighting activities.

8. Incorporated place (in Missouri, a municipality). A city, town, or village that is incorporated under the laws of Missouri.

9. Landfill. Location where waste materials are deposited on or buried within the soil or subsoil. Included are open dumps and landfills built or operated, or both, prior to the passage of the Missouri Solid Waste Management Law as well as those built or operated, or both, since.

10. Large municipal separate storm sewer system. This term is defined in 40 CFR part 122.26(b)(4), promulgated as of November 2, 2020, and hereby incorporated by reference in this rule, as published by the EPA Docket Center, EPA West, 1301 not incorporate any subsequent amendments or additions.

11. MS4 means a municipal separate storm sewer system.

12. Major structural controls. Man-made retention basins, detention basins, major infiltration devices, or other structures designed and operated for the purpose of containing storm water discharges from an area greater than or equal to fifty (50) acres.

13. Medium municipal separate storm sewer system. This term is defined in 40 CFR part 122.26(b)(7), promulgated as of November 2, 2020, and hereby incorporated by reference in this rule, as published by the EPA Docket Center, EPA West, 1301 not incorporate any subsequent amendments or additions.

14. Municipal separate storm sewer means a conveyance or system of conveyances including roads and highways with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, paved or unpaved channels, or storm drains designated and utilized for routing of storm water which— A. Does not include any waters of the state as defined in

section 644.016, RSMo;

B. Is owned and operated by the state, city, town, village, county, district, association, or other public body created by or pursuant to the laws of Missouri having jurisdiction over disposal of sewage, industrial waste, storm water, or other liquid wastes;

C. Is not a part or portion of a combined sewer system;

D. Is not a part of a publicly owned treatment works as defined in 40 CFR 122.2; and E. Sewers that are defined as large or medium or small municipal separate storm sewer systems pursuant to paragraphs 10., 13., and 27. of this section, or designated under subsection (1)(B) of this rule.

15. Operator. The owner, or an agent of the owner, of a separate storm sewer with responsibility for operating and maintaining the effectiveness of the system.

16. Outfall. A point source as defined by 10 CSR 20-2.010 at the point where a municipal separate storm sewer discharges and does not include open conveyances connecting two (2) municipal separate storm sewers, pipes, tunnels, or other conveyances which connect segments of waters of the state and are used to convey waters of the state.

17. Overburden. Any material of any nature consolidated or unconsolidated that overlays a mineral deposit excluding topsoil or similar naturally occurring surface materials that are not disturbed by mining operations.

18. Owner. A person who owns and controls the use, operation, and maintenance of a separate storm sewer.

19. Process wastewater. Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.

20. Receiving waters. Waters of the state as defined in this

rule.

21. Recycling facilities. Locations where metals, paper, tires, glass, organic materials, used oils, spent solvents, or other materials are collected for reuse, reprocessing, or resale.

22. Regulated MS4 means— A. A MS4 which serves a population of one thousand (1,000) or more within an urban area with a population of fifty thousand (50,000) or more people as determined by the latest decennial census by the Bureau of the Census, or any MS4 located outside of an urban area with a population of fifty thousand (50,000) or more people as determined by the latest decennial census by the Bureau of the Census serving a jurisdiction with a population of at least ten thousand (10,000) and a population density of one thousand (1,000) people per square mile or greater; or B. A MS4 which is designated by the department when it is determined that the discharges from the MS4 have caused or have the potential to cause an adverse impact on water quality.

An application shall be submitted within one hundred eighty (180) days of the designation by the department.

23. Runoff coefficient. The fraction of total rainfall that will appear at a conveyance as runoff.

24. Significant contributor of pollutants. A person who discharges or causes the discharge of pollutants in storm water which can cause water quality standards of the waters of the state to be violated.

25. Significant material or activity associated with industrial activity.

A. For the categories of industries identified in subsections (2)(A)–(C) of this rule, the term includes, but is not limited to, storm water discharged from industrial plant yards, immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility.

B. Significant materials include, but are not limited to, raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA); any chemical the facility is required to report pursuant to Section 313 of Title III of Superfund Amendments & Reauthorization Act of 1986 (SARA); fertilizers; pesticides; and waste products such as ashes, slag, and sludge that have the potential to be released with storm water discharges.

C. Material received in drums, totes, or other secure containers or packages which prevent contact with storm water, including run on, are exempted from the significant materials classification until the container has been opened for any reason. If the container is moved into a building or other protected area prior to opening, it will not become a significant material.

D. Empty containers which have been properly triple rinsed are not significant materials.

26. Construction activity means— A. Construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than one (1) acre. Construction activity also includes the disturbance of less than one (1) acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one (1) acre. Construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility; or B. Any other construction activity designated by the department, based on the potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to waters of the United States.

27. Small municipal separate storm sewer system means— A. Owned or operated by the United States, a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law such as a sewer district, flood control district, or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act (CWA) that discharges to water of the United States;

B. Not defined as large or medium municipal separate storm sewer systems pursuant to paragraphs 10. and 13. of this subsection; and C. This term includes systems similar to separate storm sewer systems in municipalities, such as systems at military bases, large hospital or prison complexes, and highways and other thoroughfares. The term does not include separate storm sewers in very discrete areas, such as around individual buildings.

28. Storm water means storm water runoff, snowmelt runoff and surface runoff, and drainage.

29. Storm water discharge associated with industrial activity means the discharge from any conveyance which is used for collecting and conveying storm water and which is directly related to manufacturing, processing, or raw material storage areas at an industrial plant.

(2) Storm water discharge associated with industrial activity.

The discharge from any conveyance which is used for collecting and conveying storm water which is not under a permit issued under 10 CSR 20-6.010 and which is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant.

(A) For the listed industries identified in subsection (2)(B) of this rule, the term includes but is not limited to storm water discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; sites used for the application or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials and intermediate and finished products unless material is in closed cars or trailers and the loading/unloading operation does not expose material to storm water or otherwise pose risk of storm water contamination and areas where industrial activity has taken place in the past and where significant materials remain and are exposed to storm water.

(B) Industries subject to this requirement include— 1. Facilities classified with the following primary standard industry classification (SIC) are considered to be included in this paragraph: 10, Metal Mining; 12, Coal Mining; 13, Oil and Gas Extraction; 14, Nonmetallic Minerals; 24, Lumber and Wood Products; 26, Paper and Allied Products; 28, Chemical and Allied Products; 29, Petroleum Refining; 311, Leather Tanning and Finishing; 32, Stone, Clay, Glass, Concrete; 33, Primary Metal Industries; 3441, Fabricated Structural Metal; 373, Ship and Boat Building and Repair; 5171, Petroleum Bulk Stations and Terminals; and industries regulated under section 644.052.4, RSMo, except for those SICs addressed in paragraph (2)(B)4. of this rule;

2. Facilities classified with the following primary SIC are considered to be included in this paragraph: 40, Railroad; 41, Local, Suburban Transit, etc.; 42, Motor Freight Transportation and Warehousing; 43, United States Postal Service; 44, Water Transportation; 45, Air Transportation. Only those portions of the facility listed under this paragraph that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under paragraph (2)(B)1., 3., or 4. of this rule are associated with industrial activity;

3. Facilities which meet the following definitions are considered to be included in this subsection:

A. Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of the Resource Conservation and Recovery Act (RCRA). Hazardous waste generator sites which are exempt from interim status or permitting because they accumulate wastes on-site less than ninety (90) days are not included;

B. Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this paragraph) including those that are subject to regulation under Subtitle D of RCRA;

C. Facilities involved in the recycling of materials including metal scrap yards, battery re-claimers, salvage yards, and automobile junk yards, including those with an SIC classification of 5015 and 5093;

D. Steam electric power generating facilities, including coal handling sites;

E. Treatment works treating domestic sewage, or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that is located within the confines of the facility, with a design flow of 1.0 million gallons per day (mgd) or more or required to have an approved pretreatment program under 10 CSR 20-6.100; and F. Industrial facilities that are federally, state, or municipally owned or operated; and 4. Facilities classified with the following primary SIC are considered to be included in this paragraph: 20, Food and Kindered Products; 21, Tobacco Products; 22, Textile Mill Products; 23, Apparel and Other Finished Products; 2434, Wood Kitchen Cabinets; 25, Furniture and Fixtures; 265, Paperboard Containers and Boxes; 267, Converted Paper and Paperboard Products; 27, Printing, Publishing, and Allied Industries; 283, Drugs; 285, Paints, Varnishes, Lacquers, and Enamels; 30, Rubber and Miscellaneous Plastics; 31, Leather and Leather Products (except for 311); 323, Glass Products; 34, Fabricated Metal Products (except for 3441); 35, Industrial and Commercial Machinery; 36, Electronic and Other Electrical Equipment; 37, Transportation Equipment (except for 373); 38, Measuring, Analyzing, and Controlling Instruments; 39, Miscellaneous Manufacturing Industries; 4221–25, Public Warehousing and Storage, only if any of the following activities and materials listed are exposed to storm water: discharges from industrial plant yards; material handling sites; sites used for the application or disposal of any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water.

(C) Application Requirements for Storm Water Discharges Associated With Industrial Activity.

1. Individual application. Dischargers of storm water associated with industrial activity shall apply for an individual permit or seek coverage under a promulgated storm water general permit. Facilities that are required to obtain an individual permit, or any discharge of storm water which the director is evaluating for designation under this paragraph and is not a municipal separate storm sewer, shall submit a state operating permit application in accordance with the following requirements:

A. A site plan map showing topography or indicating the outline of drainage areas served by the outfall(s) covered in the application if a topographic map is unavailable of the facility including facility property line, each of its drainage and discharge structures, the drainage area of each storm water outfall, paved areas and buildings within the drainage area of each storm water outfall that drain to a storm water outfall, and those that do not drain to a storm water outfall, each past or present area used for outdoor storage or disposal of significant materials, each existing structural control measure to reduce pollutants in storm water runoff, materials loading and access areas, areas where pesticides, herbicides, soil conditioners and fertilizers are applied, each of its hazardous waste treatment, storage, or disposal facilities (including each area not required to have an RCRA permit which is used for accumulating hazardous waste under 10 CSR 25-5.262; each well where fluids from the facility are injected underground; springs and sink holes and other surface water bodies which receive storm water discharges from the facility;

B. An estimate of the area of impervious surfaces (including paved areas and building roofs) and the total area drained by each outfall, if known, and a narrative description of the following: significant materials that in the three (3) years prior to the submittal of this application have been treated, stored, or disposed in a manner to allow exposure to storm water; method of treatment, storage, or disposal of materials; materials management practices employed in the three (3) years prior to the submittal of this application to minimize contact by these materials with storm water runoff; materials loading and access areas; outdoor vehicle maintenance and cleaning areas; the location, manner, and frequency in which pesticides, herbicides, soil conditioners, and fertilizers are applied; the location and a description of existing structural and nonstructural control measures to reduce pollutants in storm water runoff; and a description of the treatment the storm water receives, including the ultimate disposal of any solid or fluid waste other than by discharge;

C. A certification that all outfalls that should contain storm water discharges associated with industrial activity have been tested or evaluated for the presence of nonstorm water discharges which are not covered by a state operating permit.

Tests for nonstorm water discharges may include smoke tests and dye tests as well as other appropriate tests or analysis. The certification shall include a description of the method used, the date of any testing and the on-site drainage points that directly were observed during a test;

D. Existing information regarding significant leaks or spills of toxic or hazardous pollutants at the facility that have taken place within the three (3) years prior to the submittal of this application;

E. Quantitative data based on samples collected during storm events from all outfalls containing a storm water discharge associated with industrial activity shall be submitted.

When an applicant has two (2) or more outfalls that are similar in nature, an individual outfall can be designated as representative and samples only collected from the representative outfall. Quantitative data will be submitted for the following parameters:

(I) Any pollutant limited in an effluent guideline to which the facility is subject;

(II) Any pollutant listed in the facility’s state operating permit for its process wastewater (if the facility is operating under an existing state operating permit);

(III) Oil and grease, pH, biochemical oxygen demands (BOD ), chemical oxygen demands (COD), total suspended solids (TSS), conductivity, total phosphorus, total Kjeldahl nitrogen, and nitrate plus nitrite nitrogen;

(IV) Any information on the discharge required by the appropriate application form;

(V) Flow measurements or estimates of the flow rate, the total amount of discharge for the storm event(s) sampled, and the method of flow measurement or estimation; and (VI) The date and duration (in hours) of the storm event(s) sampled, rainfall measurements of the storm event which generated the sampled runoff, and the duration between the storm event sampled and the end of the previous measurable (greater than one-tenth inch (0.1") rainfall) storm event (in hours), at least one-tenth inch (0.1") of rainfall per storm water event are required to be considered a valid storm water event.

The reporting rainfall station, if possible, should be within one (1) mile of the sampled outfall and shall be capable of providing rainfall measurements in at least tenths of an inch;

F. Sampling and flow measurements or estimates shall be made to assess both the initial discharge loading and the total loading through the outfall during the measured rainfall event. A grab sample shall be taken within the first sixty (60) minutes of discharge. Sampling shall continue at the frequency of at least one (1) sample each sixty- (60-) minute period. Sampling should continue for three (3) hours or until discharge ceases, whichever is first. A sample aliquot representing the initial discharge shall be analyzed separate from the event composite sample. The composite sample shall include an aliquot from the initial discharge sample. The composite sample should be flow-weighted using approved procedures. Samples shall be collected, preserved, and analyzed according to 40 CFR Part 136 or other methods approved by the department. When analysis is required, grab samples must be used for pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, fecal coliform, and fecal streptococcus;

G. Applicants shall provide other information the director reasonably may require to determine whether to issue a permit; and H. Within one (1) year after commencement of discharge, operators of new sources or new discharges which are composed in part or entirely of storm water must include estimates for the pollutants or parameters listed in subparagraph (2)(C)1.E. of this rule, unless this data has already been reported under the monitoring requirements of the state operating permit for the discharge.

2. The operator of an existing or new discharge composed entirely of storm water from an oil or gas exploration, production, processing or treatment operation, or transmission facility is not required to submit a permit application in accordance with paragraph (2)(C)1. of this rule, unless the facility— A. Has a discharge which is contaminated by contact with, or that has come into contact with, any overburden, raw materials, intermediate products, finished product, by-product, or waste products located on the site of the operation;

B. Has had a discharge of storm water resulting in the discharge of a reportable quantity for which notification is or was required at any time since November 16, 1987;

C. Contributes to a violation of a water quality standard.

3. The operator of an existing or new discharge composed entirely of storm water from a mining operation is not required to submit a permit application unless the discharge has come into contact with any overburden, raw material, intermediate products, finished product, by-product, or waste products located on the site of the operations.

(3) Land Disturbance and Construction Activity.

(A) The owner/operator of an existing or new storm water discharge from a land disturbance or construction activity shall provide— 1. The location (including a map);

2. The total area of the site and the area of the site that is expected to undergo excavation during the life of the permit;

3. The name of the receiving water; and 4. Applicable requirements under 40 CFR part 122.21(f), April 1, 1983, as published by the EPA Docket Center, EPA West, 1301 Constitution Avenue NW, Washington, DC 20004, are incorporated by reference. This rule does not incorporate any subsequent amendments or additions.

(B) Land Disturbance and Construction Activity. Storm water permits shall be the responsibility of the owner/operator of the site. The owner/operator is responsible to see that all contractors comply with the requirements of the permit.

1. A land disturbance permit must be obtained before the date construction operations begin.

2. Land disturbance permits must be applied for and issued electronically unless a waiver is obtained from the department.

(4) Application requirements for large, medium municipal separate storm sewer discharges.

(A) All Phase I large and medium MS4s were determined in accordance with the 1990 census. Application requirements for new Phase I large and medium MS4s based on the 1990 census were in accordance with 40 CFR 122.26(d), November 16, 1990, as published by the EPA Docket Center, EPA West, 1301 Constitution Avenue NW, Washington, DC 20004, are incorporated by reference. This rule does not incorporate any subsequent amendments or additions.

(B) Reapplication minimum requirements for large and medium MS4s are as follows:

1. Name and mailing address of the permittee(s) that operate the MS4;

2. Names and titles of the primary administrative and technical contacts for the municipal permittee(s);

3. Minimum application requirements as established in 40 CFR 122.21(f), April 1, 1983, as published by the EPA Docket Center, EPA West, 1301 Constitution Avenue NW, Washington, DC 20004, are incorporated by reference. This rule does not incorporate any subsequent amendments or additions;

4. Any proposed changes or improvements to the stormwater management program, including monitoring activities for the upcoming five- (5-) year term of the permit unless the proposed changes have already been submitted in the most recent annual report; and 5. If applicable, any changes in co-applicants/co-permittees.

(5) Application Requirements for Phase II MS4s.

(A) General Permit Option. Applicants seeking coverage under a general permit for small MS4 discharges shall submit the department’s most recent version of application forms K or L, unless approved for an alternate form, and must develop and submit descriptions of storm water management programs designed to reduce pollutants in storm water runoff to protect water quality of receiving waters. The application must include program descriptions for at least the following six (6) minimum control measures:

1. Public education and outreach on storm water impacts.

The public education program should inform individuals and households about impacts of storm water discharges on water bodies and steps which can be taken to reduce or prevent storm water pollution;

2. Public involvement/participation process. A program must be developed which at a minimum complies with state and local public notice requirements;

3. Illicit discharge detection and elimination. Discharges to MS4s of wastewater other than those consisting entirely of storm water are considered “illicit discharges” except for discharges permitted under other state operating permits or directly from fire fighting activities. A program to detect and eliminate such discharges must be developed;

4. Construction site storm water runoff control. A program to control discharges of storm water and sediment from construction sites and activities must be developed. The program must be designed to protect receiving waters from sediment and other pollutants such as petroleum products, solid wastes, fertilizers, pesticides, and other construction related chemicals;

5. Post-construction storm water management in new development and redevelopment. A program must be developed to address storm water runoff from new development and redevelopment projects that result in land disturbance of greater than or equal to one (1) acre, including projects less than one (1) acre that are part of a larger common plan of development or sale, and discharge into the MS4; and 6. Pollution prevention/good housekeeping for municipal operations. A program must be developed which addresses pollution prevention and good housekeeping from municipal operations. The program must include a training component and have the ultimate goal of preventing or reducing impacts from storm water runoff from all municipal operations including those not currently required to be permitted as storm water associated with industrial activities.

A. Implementation and enforcement of these six (6) minimum measures will be a requirement of the general permit when issued. Guidance on the content of these programs is available in the “EPA Phase II Storm Water Regulations” dated December 8, 1999.

(B) Site-Specific Option. Applicants who do not wish to be covered under a general permit for small MS4 discharges can apply for a site-specific permit by submitting the most recent version of form K or L and by submitting program descriptions of the six (6) minimum measures as outlined in paragraphs (5)(A)1.–6. Additional information regarding issues to be addressed in the site-specific permit shall accompany the application. Implementation and enforcement of the six (6) minimum measures will be one of the requirements of any issued permit.

(C) Copermittee Option.

1. The department encourages cooperation between potential small MS4 applicants when addressing application requirements and in the development, implementation, and enforcement of the six (6) minimum measures under issued permits. Applicants within one (1) urban area, or within a common watershed, or in an area served in common by one (1) service provider should consider applying as coapplicants to share the financial and administrative responsibilities of the application process and to become co-permittees under an issued permit.

2. Applications from copermittees shall include the requirements of either subsection (5)(A) or (B) and in addition shall contain information designating responsibilities of each coapplicant in regard to development, implementation, and enforcement of the six (6) minimum measures.

(D) Operating permits for small MS4s will contain the minimum requirements as established in 40 CFR part 122.34, November 2, 2020, as published by the EPA Docket Center, EPA West, 1301 Constitution Avenue NW, Washington DC, 20004, and incorporated by reference. This rule does not incorporate any subsequent amendments or additions.

(6) Permit Requirements.

(A) The director may issue a general permit for storm water discharges in accordance with the following:

1. The general permit shall be written to cover a category of discharges described in the permit except those covered by individual permits within a geographic area. The area shall correspond to existing geographic or political boundaries, such as— A. Designated planning areas under Sections 208 and 303 of the federal Clean Water Act;

B. City, county, or state political boundaries or special sewer districts chartered by the state;

C. State highway systems; and D. Any other appropriate division or combination of boundaries;

2. The general permit shall be written to regulate a category of point sources if the sources all— A. Involve the same or substantially similar types of operations;

B. Discharge the same types of wastes;

C. Require the same operating conditions;

D. Require the same or similar monitoring; and E. In the opinion of the director, are more appropriately controlled under a general permit than under individual permits;

3. General permits may be issued, modified, revoked, and reissued or terminated in accordance with applicable requirements of this rule and the permit. To be included under a general permit, a permittee must submit an application on forms supplied by the department;

4. The director may require any person authorized by a general permit to apply for and obtain an individual operating permit. Any interested person may petition the director to require a permittee to apply for an individual permit. Cases where an individual operating permit may be required include, but are not limited to, the following:

A. Effluent limitation guidelines are promulgated for point sources covered by a general state operating permit;

B. The discharge(s) is a significant contributor of pollutants. In making this determination, the director may consider the following factors:

(I) The location of the discharge with respect to waters of the state;

(II) The size of the discharge;

(III) The quantity and nature of the pollutants discharged to waters of the state; and (IV) Other relevant factors;

C. The discharge(s) is a significant contributor of pollution which impairs the beneficial uses of the receiving stream;

D. The discharger is not in compliance with the conditions of the general operating permit; or E. A water quality management plan containing requirements applicable to point sources is approved;

5. Any owner or operator authorized by a general permit may request to be excluded from the coverage of the general permit by applying for an individual permit. The owner or operator shall submit an application with reasons supporting the request to the director. The request shall be granted by issuing an individual permit if the reasons cited by the owner or operator are adequate to support the request.

A. When an individual operating permit is issued to an owner or operator otherwise subject to a general operating permit, the applicability of the general permit to the individual operating permittee is automatically terminated on the effective date of the individual permit.

B. A source excluded from a general permit solely because it already has an individual permit may request that the individual permit be revoked and that it be issued a general permit. Upon revocation of the individual permit and issuance of the general permit to the permittee, the general permit shall apply to the source. The source shall be included under the general permit only if it meets all the requirements for coverage under the general permit;

6. Petitions may be submitted to the director requesting the development of a general permit for a group of facilities or activities meeting the criteria listed in paragraph (2)(B)1.

A. Information required in a petition must include— (I) A full description of the group including names, addresses, and locations and the industrial activities conducted by group members;

(II) Any significant materials stored, used, loaded, unloaded, treated, or disposed outdoors at these facilities;

(III) The existence and permit status of any other wastewater discharges from the group;

(IV) Analytical data which exists for any group members’ storm water runoff;

(V) A summary of the history of spills, leaks, and complaints relating to significant materials used, stored, treated, or disposed of on these facilities; and (VI) Management practices used to prevent or minimize materials contacting storm water.

B. Within ninety (90) days of receipt of the petition, the director shall notify the applicant that— (I) A general permit will be developed;

(II) A general permit will not be developed and reason; or (III) Further information is re quired to make a decision; and C. If the director has indicated that a general permit will be developed for specific facilities/activities, application for general permit as indicated in 10 CSR 20-6.010(13) may be submitted in lieu of an individual industrial storm water runoff permit application;

7. General permits shall have conditions to meet any applicable technology or water quality based standard;

8. A general permit will be issued to cover the geographical area of any city, county, state, or federal government agency or other utility with approval of the department that performs or contracts for land disturbance activities. The general permit will be issued for all activities that are conducted within the geographic area under contract by, or performed by, the entity.

The applicant will need only to secure one (1) general permit for all activities that occur during the life of the permit.

(B) Site-specific industrial permits issued pursuant to this rule shall contain the following:

1. Identification of the permit holder; and 2. Effluent limitation if necessary to protect waters of the state. The limitation shall be based on one (1) or more of the A. The application and information filed by the permittee;

B. Effluent guidelines promulgated by the department or Environmental Protection Agency for the facility;

C. Best professional judgment of the permit writer;

D. A water quality determination made by the department; or E. BMP requirements that are proposed in city-wide management programs;

3. Monitoring and reporting requirements; and 4. A schedule of compliance and interim limitations allowing up to three (3) years from permit issuance to gain compliance with the effluent limitation.

(7) Qualifying Local Programs.

(A) Regulated municipal separate storm sewer systems (MS4s) may request department approval to implement a qualifying local program. A qualifying local program is a formal recognition that a regulated MS4 has a departmentapproved local sediment and erosion control program that meets or exceeds the requirements listed in 10 CSR 20-6.200(7)

(B) for construction and land disturbance activities occurring within the regulated MS4’s jurisdiction. While a regulated MS4 has an approved qualifying local program, construction and land disturbance activities in its jurisdiction for which the regulated MS4 has issued a land disturbance or equivalent permit do not require an NPDES operating permit from the (B) Qualifying local programs are for storm water discharges associated with land disturbance activities only, which includes clearing, grubbing, excavating, grading, and other activities that result in the destruction of the root zone and have potential to cause negative impacts to receiving waterbodies. Each approved qualifying local program shall include reviewing site plans, inspecting construction sites, and taking enforcement action against owners or operators of sites that are polluting the waters of the state within its jurisdiction.

1. Qualifying local programs are only applicable to regulated MS4s, as defined in paragraph (1)(D)22. of this

rule, including large, medium, or small MS4s, as defined in paragraphs (1)(D)10., 13., and 27., respectively, of this rule.

2. At a minimum, a qualifying local program shall include— A. Requirements for construction site operators to implement appropriate erosion and sediment control best management practices that meet or exceed applicable state requirements;

B. Requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause negative impacts to water quality;

C. Requirements for construction site operators to develop and implement a storm water pollution prevention plan. A storm water pollution prevention plan includes site descriptions, descriptions of appropriate control measures to protect water quality, copies of approved state, tribal, or local requirements, maintenance procedures, inspection procedures, and identification of non-storm water discharges; and D. Requirements to submit a site plan for review that incorporates considerations of potential water quality impacts.

3. Regulated MS4s seeking to become recognized as having a qualifying local program may apply by sending a letter to the department requesting formal recognition pursuant to this 4. The department will review each request to become recognized as a qualifying local program submitted by a regulated MS4.

A. The department will review the regulated MS4’s land disturbance program and compliance history to determine eligibility and to ensure that the program meets or exceeds state requirements outlined in the Missouri land disturbance permit and the MS4 permit.

B. If the department concurs that the regulated MS4 is eligible to have a qualifying local program and that its land disturbance program meets or exceeds applicable state requirements, then the department will incorporate the local requirements specific to that regulated MS4’s qualifying local program into its permit. If covered by a site-specific permit, the department will modify its MS4 permit if necessary. If under a general two-step permit, the MS4 shall modify and public notice its storm water management plan for thirty (30) days to incorporate the local requirements specific to that regulated MS4’s qualifying local program.

C. For site-specific MS4 permits, the regulated MS4 must submit a modified storm water management plan within thirty (30) days of the MS4 permit modification. For general two-step permits, the regulated MS4 must submit the modified storm water management plan after the public notice is complete.

D. After the department receives and approves the modified storm water management plan, the department will send official correspondence to the regulated MS4 indicating that the department has approved its qualifying local program.

5. A regulated MS4 may end its qualifying local program at its discretion upon written notice to the department. The qualifying local program shall remain effective for at least ninety (90) days after the date the written notice is sent to the department, ending on a date determined by the regulated MS4. This provides time for the regulated MS4 to notify all affected construction site permit holders of the need to obtain a Missouri state operating permit for land disturbance.

6. The department may revoke any qualifying local program designation if the regulated MS4 does not comply with this rule or the program requirements as established. The department’s revocation may be appealed to the Missouri Clean Water Commission by the regulated MS4 or by any adversely affected party within thirty (30) days of the date of revocation.

The appeal shall be filed with the Administrative Hearing Commission, 131 W. High St., PO Box 1557, Jefferson City, MO 65101 and shall be a contested case and be conducted pursuant to

section 644.066, RSMo. The filing of an appeal shall stay the department’s revocation. If the revocation is not appealed, or upon the final disposition of an appeal in which the revocation is sustained, the qualifying local program shall remain effective for ninety (90) days after the department’s revocation or final disposition of the appeal, whichever occurs later. This provides time for the regulated MS4 to notify all affected construction site permit holders of the need to obtain a Missouri state operating permit for land disturbance.

(8) Silvicultural Activities.

(A) The department does not require storm water permitting for silviculture activities conducted in accordance with 33 U.S. Code 1342(l)(3), January 2014, as published by the U.S.

Government Publishing Office, available at https://bookstore. gpo.gov/ or for mail orders print and fill out order form online and mail to U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000.

rule filed July 15, 1991, effective Oct. 1, 1992. Amended: Filed Sept. 14, 2001, effective May 30, 2002. Amended: Filed Feb. 3, 2009, effective Oct. 30, 2009. Amended: Filed June 13, 2018, effective Feb. 28, 2019. Amended: Filed June 30, 2022, effective Feb. 28, 2023.

Amended: Filed July 15, 2025, effective Feb. 28, 2026. *Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012, 2014, and 644.036, RSMo 1972, amended 1973, 2000, 2002, 2006, 2009, 2011.

**History**
- *AUTHORITY: sections 644.026 and 644.036, RSMo 2016. Original*

##### **10 CSR 20-6.300** Concentrated Animal Feeding Operations {#sec-10-csr-20-6.300 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.300}

PURPOSE: This rule sets forth the requirements and procedures for operating permits for concentrated animal feeding operations.

Minimum federal requirements are incorporated, and additional state requirements are included to provide increased environmental protection of sensitive watersheds.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Definitions.

(A) Definitions as set forth in 10 CSR 20-2.010 and 10 CSR 20- 8.300 shall apply to the terms when used in this rule unless otherwise defined in subsection (B) below.

(B) Other applicable definitions are incorporated as follows:

1. Animal—Domestic animals, fowls, or other types of livestock except for aquatic animals;

2. Animal unit—A unit of measurement to compare various animal types at an animal feeding operation. One (1) animal unit equals the following: 1.0 beef cow or feeder, cow/calf pair, veal calf, or dairy heifer; 0.5 horse; 0.7 mature dairy cow; 2.5 swine weighing over 55 pounds; 10 swine weighing less than 55 pounds; 10 sheep, lamb, or meat and dairy goats; 30 chicken laying hens or broilers with a wet handling system; 82 chicken laying hens without a wet handling system; 55 turkeys in grow-out phase; 125 chicken broilers, chicken pullets, or turkey poults in brood phase without a wet handling system;

3. Animal unit equivalent—Any unique animal type, not listed, that has a similar manure characteristic as one (1) of the listed animal unit categories. The department shall make the determination of an animal unit equivalent based upon manure characteristics that include manure volume and nutrient concentration;

4. Animal feeding operation (AFO)—A lot, building, or complex at an operating location where animals are stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve- (12-) month period, and crops, vegetation, forage growth, or post-harvest residues cannot be sustained over at least fifty percent (50%) of the animal confinement area within the normal crop growing season;

5. Catastrophic storm event—A precipitation event of twenty-four- (24-) hour duration that exceeds the twenty-five- (25-) year, twenty-four- (24-) hour storm event as defined by the most recent publication of the National Weather Service Climate Atlas;

6. Chronic weather event—The chronic weather event will be based upon an evaluation of the ten (10) year return rainfall frequency over a ten- (10-) day, ninety- (90-) day, one hundred eighty- (180-) day, and three hundred sixty-five- (365-) day operating period. It is preferred the University of Missouri’s Missouri Climate Center will determine, within a reasonable time frame, when a chronic weather event is occurring for any given county in the state;

7. Class I and Class II operation—An AFO or CAFO’s class size is based on the operating level in animal units of an individual animal type at one (1) operating location. Once a CAFO becomes a Class I operation, the animal units of all confined animals at the operating location are summed to determine whether the operation is Class IA, IB, or IC. Operations that are smaller than the Class II category are considered unclassified.

The class categories, sorted by animal type, are presented in the following chart: 1 Animal Unit = 1.0 Beef cow, feeder, veal calf, cow/calf pair, and dairy heifer 10 Sheep, lambs, and meat and dairy goats 0.5 Horses Chicken laying hens, pullets, and broilers with a wet handling system 0.7 Mature Dairy cows 2.5 Swine weighing over 55 pounds 55 Turkeys in grow-out phase 10 Swine weighing under 55 pounds 82 Chicken laying hens without a wet Ducks with a wet handling Chicken broilers and pullets, and turkey poults in brood phase, all without a wet Ducks without a wet handling Animal Class Category Animal Class Category Class IA 7,000 Class IB 3,000 to 6,999 Class IC 1,000 to 2,999 Class II 300 to 999 Beef cows, feeder cattle, veal calves, cow/calf pairs, and dairy heifers 7,000 3,000 to 6,999 1,000 to 2,999 300 to 999 Horses 3,500 1,500 to 3,499 500 to 1,499 150 to 499 Mature Dairy Cows 4,900 2,100 to 4,899 700 to 2,099 200 to 699 Swine weighing over 55 pounds 17,500 7,500 to 17,499 2,500 to 7,499 750 to 2,499 Swine weighing under 55 pounds 70,000 69,999 3,000 to 9,999 Sheep, lambs, and meat and dairy goats 70,000 69,999 3,000 to 9,999 Chicken laying hens, pullets, and broilers with a wet handling 210,000 90,000 to 209,999 89,999 9,000 to Chicken laying hens without a wet handling 574,000 246,000 to 573,999 82,000 to 245,999 24,500 to 81,999 Turkeys in grow-out phase 385,000 165,000 to 384,999 55,000 to 164,999 16,500 to 54,999 Chicken broilers and pullets, and turkey poults in brood phase, all without a wet handlin g system 875,000 375,000 to 874,999 125,000 to 374,999 37,500 to 124,999 Ducks without a wet 210,000 90,000 to 209,999 89,999 Ducks with a wet 35,000 15,000 to 34,999 5,000 to 14,999 1,500 to 4,999 *Animal Units 8. Concentrated animal feeding operation (CAFO)—An AFO that meets one (1) of the following criteria:

A. Class I operation;

B. Class II operation where either one (1) of the following conditions are met:

(I) Pollutants are discharged into waters of the state through a manmade ditch, flush system, or other similar manmade device; or (II) Pollutants are discharged directly into waters of the state which originate outside of and pass over, across, or through the production area or otherwise come into contact with the animals confined in the operation; or C. An unclassified operation that is designated as a CAFO in accordance with subsection (2)(D) of this rule;

9. Critical watersheds—defined as the following:

A. Watersheds for public drinking water lakes (L1 lakes defined in 10 CSR 20-7.031 and identified in Table G);

B. Watersheds located upstream away from the dam from all drinking water intake structures on lakes including the watershed of Table Rock Lake;

C. Areas in the watershed and within five (5) miles upstream of any stream or river drinking water intake structure, other than those intake structures on the Missouri and Mississippi Rivers; and D. Watersheds of the Current (headwaters to Northern Ripley County Line), Eleven Point (headwaters to Hwy. 142), and Jacks Fork (headwaters to mouth) Rivers;

10. Discharge—A CAFO is said to discharge when it is designed, constructed, operated, or maintained such that a discharge of process waste to surface waters of the state will occur.

A CAFO that discharges could include one (1) that continuously discharges process wastewater to surface waters of the state, as well as one that may only have an intermittent and sporadic discharge. Discharges of agricultural storm water is a nonpoint source and therefore not included within this definition;

11. Dry process waste—A process waste mixture which may include manure, litter, or compost (including bedding, compost, mortality by-products, or other raw materials which is commingled with manure) and has less than seventy-five percent (75%) moisture content and does not contain any free draining liquids;

12. Flush system—Any animal waste moving or removing system utilizing the force of periodic liquid flushing as the primary mechanism for removing manure from animal containment buildings, as opposed to a primarily mechanical or automatic device. This definition does not include confinement buildings that utilize deep or shallow underfloor pits with pull plug devices;

13. Land application area—Agricultural land which is under the operational control of the CAFO owner or operator, whether it is owned, rented, or leased, to which manure, litter, or process wastewater from the production area is or may be applied;

14. Multi-year phosphorus application—Phosphorus applied to a field in excess of the crop needs for that year. When multi-year phosphorus applications are followed, no additional manure, litter, or process wastewater is applied to the same land in subsequent years until the applied phosphorus has been removed from the field via harvest and crop removal or until subsequent soil testing allows for nitrogen-based rates;

15. No-discharge operation—A CAFO is considered no-discharge if the operation is designed, constructed, operated, and maintained in a manner such that the CAFO will not discharge to waters of the state. A discharge of agricultural storm water is a nonpoint source and therefore not included within this definition;

16. Occupied residence—A residential dwelling which is inhabited at least fifty percent (50%) of the year;

17. Operating location—For purposes of determining CAFO classification, an operating location includes all contiguous lands owned, operated, or controlled by one (1) person or by two (2) or more persons jointly or as tenants in common or noncontiguous lands if they use a common area for the land application of wastes. State and county roads are not considered property boundaries for purposes of this rule. Two (2) or more animal feeding operations under a common ownership are considered to be a single animal feeding operation if they adjoin each other or if they use a common area for the land application of wastes;

18. Overflow—The discharge of process wastewater resulting from the filling of wastewater or manure storage structures beyond the point at which no more manure, process wastewater, or stormwater can be contained by the structure;

19. Process wastewater—Water which carries or contains manure, including manure commingled with litter, compost, or other animal production waste materials used in the operation of the CAFO. Also includes water directly or indirectly used in the operation of the CAFO for any or all of the following: spillage or overflow from confined animal or poultry watering systems; washing, cleaning, or flushing pens, barns, manure pits, or other CAFO facilities; and water resulting from the washing, or spray cooling of confined animals. Process wastewater also includes any water which comes into contact with any raw materials, products, or by-products feed, milk, eggs, or bedding;

20. Production area—The non-vegetated portions of an operation where manure, litter, or process wastewater from the AFO is generated, stored, and/or managed. The production area includes the animal confinement area, the manure storage area, the raw materials storage area, and the waste containment areas. The animal confinement area includes, but is not limited to, open lots, housed lots, feedlots, confinement houses, stall barns, free stall barns, milkrooms, milking centers, cowyards, barnyards, medication pens, walkers, animal walkways, and stables. The manure storage area includes, but is not limited to, lagoons, runoff ponds, storage sheds, stockpiles, under house or pit storages, liquid impoundments, static piles, and composting piles. The raw materials storage area includes, but is not limited to, feed and silage, silos, pads, and bunkers, and bedding materials. The waste containment area includes, but is not limited to, settling basins and areas within berms and diversions which separate uncontaminated storm water. Also included in the definition of production area is any egg washing or egg processing operation and any area used in the storage, treatment, or disposal of animal mortalities;

21. Public building—A building open to and used routinely by the public for public purposes;

22. Vegetated buffer—A narrow, permanent strip of dense perennial vegetation established parallel to the contours of and perpendicular to the dominant slope of the field for the purposes of slowing water runoff, enhancing water infiltration, and minimizing the risk of any potential nutrients or pollutants from leaving the field and reaching surface waters;

23. Waste management system—Includes all structures and equipment, used to collect, store, transfer, or treat manure, litter, and/or process waste water. A waste management system will be considered in operation when animals are placed in confinement; and 24. Wet handling system—Wet handling system is the handling of process wastewater that contains more than seventy five percent (75%) moisture content or has free draining liquids.

A wet handling system includes, but is not limited to, lagoons, pits, tanks, all gravity outfall lines, recycle pump stations, recycle force mains, and appurtenances.

(2) Applicability and Application for Coverage.

(A) Scope of Rule. This rule applies solely to manure, litter, and/or process wastewater management systems at concentrated animal feeding operations (CAFOs). CAFOs are point sources and are subject to both state and federal National Pollutant Discharge Elimination System (NPDES) regulations in accordance with sections 640.710 and 644.026, RSMo.

(B) Permit Coverage Required—Any CAFO owner or operator shall obtain one (1) of the operating permits listed below prior to operating a waste management system at a concentrated animal feeding operation unless otherwise exempted under subsection (2)(E) of this rule:

1. NPDES general or site-specific operating permits—Owners or operators of Class I CAFOs that discharge and Class II AFOs that are defined or designated as a CAFO, must obtain an NPDES operating permit. Class I CAFOs that do not discharge may also apply for coverage under an NPDES operating permit;

2. State no-discharge operating permit—Owners or operators of Class I CAFOs that do not discharge and do not apply for coverage under an NPDES operating permit shall obtain and maintain coverage under a state no-discharge operating (C) CAFO Designation at Class II Size AFOs.

1. The department may designate an AFO as a concentrated animal feeding operation upon determining that it is a significant contributor of pollutants to waters of the state. In making such designation, the department shall consider the following factors:

A. The size of the AFO and the amount of wastes reaching waters of the state;

B. The location of the AFO relative to waters of the state;

C. The means of conveyance of animal wastes and process waste into waters of the state;

D. The slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of discharge of animal wastes manure and process waste into waters of the state; and E. Other relevant factors.

2. No AFO shall be designated under this section unless the department has conducted an on-site inspection of the operation and determined that the operation should and could be regulated as a concentrated animal feeding operation. In addition, no AFO with number of animals below a Class II size operation may be designated as a CAFO unless— A. Pollutants are discharged into waters of the state through a manmade ditch, flushing system, or other similar manmade device; or B. Pollutants are discharged directly into the waters of the state which originate outside of the AFO and pass over, across, or through the AFO, or otherwise come into direct contact with the animals confined in the operation.

(D) Exemptions.

1. In accordance with section 640.758, RSMo, livestock markets and auctions are exempt from the provisions of 10 CSR 20-6.300(3)(B)–(C), 10 CSR 20-6.300(3)(H), and 10 CSR 20-6.300(7).

2. Permits are not required for nonpoint source discharges, agricultural stormwater discharges, and return flows from irrigated agriculture. A precipitation related discharge of manure, litter, or process wastewater from land application areas under the control of a CAFO is considered an agricultural stormwater discharge when manure, litter, or process wastewater is applied in accordance with site-specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter, or process wastewater.

(E) Operating Permit Applications. This section describes the application process and requirements for CAFO operating permits. A separate application for each operating location must be submitted to the department.

1. The department will not examine the adequacy or efficiency of the structural, mechanical, or electrical components of the waste management systems, only adherence to rules and regulations. The issuance of permits will not include approval of such features.

2. The application shall include at a minimum the following documents:

A. Title page of engineering report or similar document sealed by a professional engineer including name of the operation, date the report was prepared, name and address of firm preparing the report, seal and signature of the engineer, and a statement indicating the project was designed in accordance with 10 CSR 20-8.300;

B. Narrative project summary. This shall describe the existing and any proposed modifications to operating conditions including the number of confinement buildings or areas, the total design capacity in animal units and actual animal numbers for each type of animal, and an explanation of the existing and/or proposed modifications to the waste management system;

C. Include the amount of manure generated annually, storage volume, and days of storage of all manure storage structures, including mortality composter;

D. A recent aerial or topographic map showing the extent of the production area including;

(I) All existing and proposed confinement buildings, open lots, manure storage structures;

(II) Surface waters and areas subject to a one hundred (100) year flood event within or adjacent to the production area; and (III) Production area setback distances in accordance with 10 CSR 20-8.300(5)(B);

E. Nutrient Management Plan— (I) NPDES permit – applications shall include the operations’ nutrient management plan; or (II) State no-discharge permit –applications for a new permit shall include the operations’ nutrient management plan;

F. Applications for Class I CAFOs shall also include:

(I) An aerial or topographic map that meets the requirement of 10 CSR 20-6.300(3)(C)4.;

(II) Proof of neighbor notice to all parties listed in 10 CSR 20-6.300(3)(C)2.

3. When an application is submitted incomplete or any of the required permit documents are deficient, or if additional information is needed including, but not limited to, engineering design plans, the department will act in one (1) of the following ways:

A. The department may return the entire permit application back to the applicant for re-submittal; or B. The applicant and/or the applicant’s engineer will be notified of the deficiency and will be provided time to address department comments and submit corrections. Processing of the application may be placed on hold until the applicant has corrected identified deficiencies.

4. Applicants who fail to correct deficiencies and/or fail to satisfy all department comments after two (2) certified department comment letters shall have the application returned as incomplete and the permit fee(s) shall be forfeited. The department will grant reasonable time extensions when the applicant requests additional time to respond to department comments, however, such requests must be in writing and must occur within the time frame set by the department.

5. When the department has received all documents and information necessary for a properly completed operating permit application, including appropriate permit fees, the department will, review the application and said documents for compliance with this regulation and 10 CSR 20-8.300 and, if met, act in one (1) of the following ways:

A. For an operation seeking coverage under the state no-discharge general operating permit the department will issue the state no-discharge general operating permit; or B. For an operation seeking coverage under the NPDES operating permit the department will post for fifteen (15) days on the department’s webpage a notice of the pending CAFO NPDES permit. The notice will include an announcement of the opportunity for public review and comment on the CAFO’s nutrient management plan and draft NPDES permit. The department will consider all comments before issuing the operating permit.

(3) Operating Permit Requirements. These requirements apply to all operating permits unless otherwise specified.

(A) General Requirements.

1. All operating permits required by this rule shall be issued in accordance with applicable provisions of 10 CSR 20- 6.010, 10 CSR 20-6.011, 10 CSR 20-6.020, and 10 CSR 20-8.300.

When the state regulations referenced within these rules are found to be incompatible with the requirements of 10 CSR 20- 6.300, the provisions of 10 CSR 20-6.300 will take precedence.

2. In addition to the state requirements found in this rule, all CAFO NPDES permits shall be issued in compliance with applicable federal regulation as set forth in 40 CFR 122.42(e), and 40 CFR 412, Subpart A through Subpart D, July 30, 2012, incorporated by reference, without any later amendments or additions, as published by the Office of the Federal Register, of Documents, Pittsburgh, PA 15250-7954.

3. Permits shall allow the CAFO to operate at a level of animal units not to exceed its respective class size (i.e., Class IC or IB). When determining the appropriate classification, a rolling twelve- (12-) month average method will be used. The rolling twelve- (12-) month average shall at no time exceed the upper threshold limit of the CAFO’s designated class size. CAFOs may change animal numbers and weights within its respective class size; however, such changes must not subsequently violate applicable effluent limitations found in section (4) of this rule or adversely impact the storage and handling capacities of the waste management system and may be subject to other appropriate conditions or limitations. If a Class I CAFO has reduced animal numbers and is operating as a Class II or smaller AFO, the operation may request termination of their operating permit. The rolling twelve- (12-) month average for the last twelve (12) months shall be submitted with the termination request.

The department will then conduct an inspection to determine if the permit can be terminated. If the operation increases animal numbers to the Class I operating size, the owner or operator of the CAFO shall apply for an operating permit.

4. Permits shall require the CAFO operator to provide the recipient of any manure, litter, or process wastewater transfer, a current manure nutrient analysis.

5. Mortalities must not be disposed of in any liquid manure or process wastewater system, unless specifically designed to handle them. Mortalities must be handled in such a way as to prevent the discharge of pollutants to surface waters and prevent the creation of a public health hazard.

(B) Buffer Distances. Buffer distances shall be in accordance with section 640.710, RSMo unless exempted below:

1. When a CAFO proposes an expansion or modification but does not increase to a larger classification size, the buffer distance requirements shall be applicable only to the proposed confinement buildings and wastewater storage structures unless exempted by paragraph 2. of this subsection. Neighbor notice requirements of subsection (C) of this section shall apply to all existing and proposed confinement buildings and wastewater storage structures. If the proposed expansion or modification results in an increase to a larger classification size, the buffer distance and neighbor notice requirement of the larger classification size will apply to all existing and proposed confinement buildings and wastewater storage structures unless exempted by paragraph 4. of this subsection.

2. A concentrated animal feeding operation and any future modification or expansion of a CAFO is exempt from buffer distance requirements, but not neighbor notice requirements, when it meets all of the following criteria:

A. The CAFO was in existence prior to June 25, 1996; and B. The CAFO does not expand to a larger classification size.

3. When existing animal feeding operations or concentrated animal feeding operations expand to a larger class size, the buffer distances shall not apply to the portion of the operation in existence as of June 25, 1996.

4. Buffer distances are not applicable to residences owned by the concentrated animal feeding operation or a residence from which a written agreement for operation is obtained from the owner of that residence. When shorter buffer distances are proposed by the operation and allowed by the department, the written agreement for a shorter buffer distance shall be recorded with the county recorder and filed in the chain of title for the property of the land owner agreeing to the shorter buffer distance.

(C) Neighbor Notice Requirements. Neighbor notice shall be conducted in accordance with section 640.715, RSMo.

1. Acceptable forms of proof for submittal that neighbor notice was sent include copies of mail delivery confirmation receipts, return receipts, or other similar documentation.

2. All concentrated animal feeding operations shall submit, as part of the operating permit application, an aerial or topographic map of the production area. The maps shall show the operation layout, buffer distances, property lines, and property owners within one and one-half (1 1/2) times the buffer distance.

3. The neighbor notice will expire if an operating permit application has not been received by the department within twelve (12) months of initiating the neighbor notice requirements.

(D) Inspections.

1. Permits shall require the following minimum visual inspections at the production area:

A. Weekly inspections of all storm water diversion devices, runoff diversion structures, and devices channeling contaminated storm water to the process wastewater storage;

B. Daily inspection of water lines, including wastewater, drinking water, and cooling water lines that can be visually observed within the production area. The inspection of the drinking water and cooling water lines shall be limited to the lines that possess the ability to leak or drain to wastewater storage structures or may come in contact with any process waste;

C. Weekly inspections of the manure, litter, and process wastewater impoundments. The inspection will note the level in liquid impoundments as indicated by the depth marker; and D. Once per day when in use conduct leak inspections on equipment used for land application of manure or process wastewater.

2. Permits shall require the following minimum visual inspections at the land application area:

A. Monitoring of the perimeter of the application fields once per day during land application to ensure that applied wastewater does not run off the fields where applied;

B. Monitor for drifting from spray irrigation; and C. Hourly inspections of aboveground irrigation pipelines when in use.

3. Permits shall require that any deficiencies found as a result of inspections be corrected as soon as possible.

(E) Record Keeping. This section pertains to all CAFO operating permits. All records required by this section shall be made available to the department upon request.

1. Permits shall require that the permittee maintain the following records for the production area for a period of five (5) years from the date they are created:

A. A copy of construction and operating permits, permit applications, and the nutrient management plan;

B. A once-per-week record documenting the daily visual inspections performed as required in 10 CSR 20-6.300(3)(D) above;

C. Weekly records of the depth of the manure and process wastewater in the liquid impoundments as indicated by the depth marker;

D. Records documenting any actions taken to correct deficiencies. Deficiencies not corrected within thirty (30) days shall be accompanied by an explanation of the factors preventing immediate correction;

E. Records of mortalities management and practices used by the operation which verify compliance with 10 CSR 20-6.300(3)(A)5. above;

F. Records of the date, time, and estimated volume of any overflow; and G. Records of the date, recipient name and address, and approximate amount of manure, litter, or process wastewater transferred to another person.

2. Permits shall require that the permittee maintain the following records for the land application area for a period of five (5) years from the date they are created:

A. Expected crop yields;

B. The date(s) manure, litter, or process wastewater is applied to each field;

C. Weather conditions at time of application and for twenty-four (24) hours prior to and following application;

D. Test methods used to sample and analyze manure, litter, process wastewater, and soil;

E. Results from manure, litter, process wastewater, and soil sampling;

F. Explanation of the basis for determining manure application rates, as provided in the technical standards;

G. Calculations showing the total nitrogen and phosphorus to be applied to each field, including sources other than manure, litter, or process wastewater;

H. Total amount of nitrogen and phosphorus actually applied to each field, including documentation of calculations for the total amount applied;

I. The method used to apply the manure, litter, or process wastewater; and J. Date(s) of manure application equipment inspection.

(F) Annual Reports. This section is required for NPDES operating permits only. Annual reports shall comply with the federal regulation 40 CFR 122.42(e)(4), “Annual reporting requirements for CAFOs,” Jan. 8, 2018, as published by the Office of the Federal Register, National Archives and Records Administration, Superintendent of Documents, Pittsburgh, PA 15250-7954, which is hereby incorporated by reference and does not include later amendments or additions.

(G) Best Management Practices (BMPs)—Each CAFO subject to 10 CSR 20-6.300, that land applies manure, litter, or process wastewater must do so in accordance with the following practices:

1. Nutrient management plan. Operating permits shall require a nutrient management plan be developed and implemented according to the requirements of 10 CSR 20-6.300(5).

The plan must also incorporate the requirements of paragraph (3)(G)2. below. The CAFO must begin implementation of the plan upon the date of operating permit coverage;

2. Manure, litter, and process wastewater applied to the land application area must minimize phosphorus and nitrogen transport from the field to surface waters in compliance with the Missouri Concentrated Animal Feeding Operation Nutrient Management Technical Standard (NMTS) approved by the Clean Water Commission on March 4, 2009, in accordance with 40 CFR 123.36, as published by the Missouri Department of Natural Resources, Division of Environmental Quality, Water Protection Program, PO Box 176, Jefferson City, MO 65102-0176, which is hereby incorporated by reference into this rule without any later amendments or additions, or an alternative but equally protective standard subsequently approved by the department that includes, but is not limited to, the following:

A. Include a field-specific assessment of the potential for phosphorus transport from the field to surface waters and address the form, source, amount, timing, and method of application of nutrients on each field to achieve realistic production goals, while minimizing nitrogen and phosphorus movement to surface waters;

B. Include appropriate flexibilities for any CAFO to implement nutrient management practices to comply with the technical standards, including consideration of multiyear phosphorus application on fields that do not have a high potential for phosphorus runoff to surface water, phased implementation of phosphorus-based nutrient management, and other components, as determined appropriate by the C. Require that manure be analyzed a minimum of once annually for nitrogen and phosphorus content, and soil be analyzed a minimum of once every five (5) years for phosphorus content. The results of these analyses are to be used in determining application rates for manure, litter, and other process wastewater;

D. Include conditions that will ensure manure, litter, and process wastewater applications are conducted in a manner that prevents surface runoff of process wastewater beyond the edge of the field. Such measures will include, but not be limited to, restricting the timing, soil conditions, and placement of manure during land application; and E. Include appropriate land application setbacks that at a minimum require manure, litter, and process wastewater be land applied not closer than one hundred feet (100') from any down-gradient surface waters, open tile line intake structures, sinkholes, agricultural well heads, or other conduits to surface waters unless the operation complies with one (1) of the following compliance alternatives:

(I) For surface and subsurface applications, a setback consisting of a thirty-five foot- (35'-) wide vegetated buffer where applications of manure, litter, or process wastewater are prohibited; or (II) The CAFO demonstrates that a setback or buffer is not necessary because implementation of alternative conservation practices or field-specific conditions will provide pollutant reductions equivalent or better than the reductions that would be achieved by the one hundred foot (100') setback;

3. Land application shall occur during daylight hours only.

Night time applications shall only occur when the department has approved the night time land application plan.

(H) Additional Requirements for Class IA CAFOs only.

Secondary containments shall be installed in accordance with

section 640.730, RSMo. Inspections shall be conducted in accordance with Section 640.725, RSMo, in addition to the following:

1. Inspections shall also include the structural integrity of the collection system and containment structures along with any unauthorized discharges from the flush and wet handling systems. Records shall be maintained by the facility for a minimum of three (3) years on forms approved by the department.

2. Secondary containment structure(s) or earthen dam(s) shall be sized to contain a minimum volume equal to the maximum capacity of flushing in any twenty-four- (24-) hour period from all gravity outfall lines, recycle pump stations, and recycle force mains.

3. Class IA concentrated animal feeding operations (both new and those operations that wish to expand to Class IA size) are prohibited from the watersheds of the Current, Jacks Fork, and Eleven Point Rivers as described in 10 CSR 20-6.300(1)(B)9.D.

4. A record of inspections when the water level is less than twelve inches (12") from the emergency spillway shall be included with the operations annual report.

(4) Design Standards and Effluent Limitations.

(A) Effluent Limitations Applicable to All Class I CAFOs.

1. New and expanding CAFOs shall be designed and constructed in accordance with 10 CSR 20-8.300.

2. Effluent limits for subsurface waters shall be in accordance with 10 CSR 20-7.015(7)(E).

3. NPDES operating permits shall also comply with effluent limitations as set forth in 40 CFR Part 412, Subpart A through

Subpart D, July 30, 2012, without any later amendments or additions, as published by the Office of the Federal Register, of Documents, Pittsburgh, PA 15250-7954, which are hereby incorporated by reference.

4. There shall be no discharge of manure, litter, or process wastewater to waters of the state from a CAFO as a result of the land application of manure, litter, or process wastewater to land application areas under the operational control of the CAFO, except where it is an agricultural storm water discharge. When manure, litter, or process wastewater has been land applied in accordance with subsection (3)(G) of this rule, a precipitation-related discharge of manure, litter, or process wastewater from land areas under the control of the CAFO is considered to be an agricultural storm water discharge.

5. A chronic weather event is a series of wet weather events and conditions that can delay planting, harvesting, and prevent land application and dewatering practices at wastewater storage structures. When wastewater storage structures are in danger of an overflow due to a chronic weather event, CAFO owners shall take reasonable steps to lower the liquid level in the structure through land application, or other suitable means, to prevent overflow from the storage structure.

Reasonable steps may include, but are not limited to, following the department’s current guidance on “Wet Weather Management Practices for CAFOs.” These practices shall be designed specifically to protect water quality during wet weather periods. A discharge resulting from a land application conducted during wet weather conditions is not considered an agricultural stormwater discharge and is subject to permit requirements. The department will determine, within a reasonable time frame, when a chronic weather event is occurring for any given county in Missouri. The determination will be based upon an evaluation of the one-in-ten (1- in-10) year return rainfall frequency over a ten- (10-) day, ninety- (90-) day, one hundred eighty- (180-) day, and three hundred sixty five- (365-) day operating period.

(B) Additional Limitations for State No-Discharge Operating Permits.

1. There shall be no discharge of manure, litter, or process wastewater into surface waters of the state from the production area.

2. If at any time a CAFO’s waste management system is found to be discharging, the department may revoke the CAFO’s no-discharge permit and require the CAFO to seek coverage under an NPDES permit.

3. If a discharge occurs at a CAFO with a state no-discharge permit, the owner or operator must submit to the department for review and approval the following documentation: a description of the discharge, including the date, time, cause, duration, and approximate volume of the discharge, and a detailed explanation of the steps taken by the CAFO to permanently address the cause of the discharge that will ensure that a discharge from this cause does not occur in the future.

4. When a discharge occurs at a CAFO, the CAFO will be allowed to maintain coverage under the no-discharge permit when the following two (2) conditions are met:

A. The department determines that the specific cause has been appropriately corrected so that the CAFO does not discharge; and B. The CAFO has not had two (2) discharges at a given site for the same cause in any five- (5-) year period.

5. If a CAFO has two (2) separate discharge events brought about by the same cause, the department may terminate the no-discharge permit in which case the CAFO will be required to seek coverage under a NPDES permit.

(C) Effluent Limitations Applicable to Class II and Smaller Sized AFOs. When a Class II or smaller sized AFO is designated as a CAFO by the department, the specific effluent limitations will be based upon the department’s best professional judgment. The specific effluent limits shall not be more stringent than those for Class I CAFOs.

(5) Nutrient Management Plans (NMP)—In accordance with paragraph (3)(G)1. of this rule, operating permits shall require the development and implementation of a nutrient management plan. A portion of a CAFO’s nutrient management plan includes the documents within a CAFO’s operating permit application and annual reports. The plan must comply with the requirements found within the Nutrient Management Technical Standard which will satisfy the criteria in subsections (G), (H), and (I) below. The NMP shall be maintained according to the requirements of paragraph (3)(G)2. of this rule. For NPDES permits only, any revisions to the NMP must be submitted to the department for review with the changes from the previous version identified. Substantial changes to the terms of the NMP incorporated into the NPDES operating will require a permit modification and a fifteen- (15-) day public notice period. The plan must, at a minimum, address the following areas:

(A) Ensure adequate storage of manure, litter, and process wastewater, including procedures to ensure proper operation and maintenance of the storage facilities;

(B) Ensure proper management of mortalities (i.e., dead animals) to ensure that they are not disposed of in a liquid manure, storm water, or process wastewater storage or treatment system that is not specifically designed to treat animal mortalities;

(C) Ensure that clean water is diverted, as appropriate, from the production area. NMPs shall include, as necessary, controls, measures, or BMPs to properly manage storm water runoff at the operation. This would apply only to activities in or around the land application or production area that is under the control of the CAFO owner or operator, whether it is owned, rented, or leased. Examples of such activities could include winter feeding areas, stockpiling of manure and raw materials, or any other regulated CAFO activity that will contribute pollutants to waters of the state;

(D) Prevent direct contact of confined animals with waters of the state;

(E) Ensure that chemicals and other contaminants handled within animal production facilities are not disposed of in any manure, litter, process wastewater, or storm water storage or treatment system unless specifically designed to treat such chemicals and other contaminants;

(F) Identify appropriate site-specific conservation practices to be implemented, including as appropriate buffers or equivalent practices, to control runoff of pollutants to waters of the state;

(G) Identify protocols for appropriate testing of manure, litter, process wastewater, and soil;

(H) Establish protocols to land apply manure, litter, or process wastewater in accordance with site specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter, or process wastewater;

(I) Identify specific records that will be maintained to document the implementation and management of the minimum elements described in subsections (A) through (H) of this section.

(6) Closure of Waste Storage Structures.

(A) Class I operations that cease operation, or plan to close lagoons and other waste storage structures, shall comply with

##### **10 CSR 20-6.010** as well as the requirements in this section— 1. Other concentrated animal feeding operations that cease operation shall either close the waste storage structures in accordance with the closure requirements in subsection (6) {#sec-10-csr-20-6.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-6.010}

(B) of this rule or shall continue to maintain all storage structures so that there is not a discharge to waters of the state.

(B) Closure Requirements— 1. Lagoons and waste storage structures shall be closed by removal and land application of all wastewater and sludge at agricultural rates for fertilizer not to exceed the maximum nutrient utilization of the land application site and vegetation grown and shall be applied at controlled rates so that there will be no discharge to waters of the state; and 2. After removal and proper land application of wastewater and sludge, the earthen basins may be demolished by removing the berms, grading, and establish at least seventy percent (70%) plant density over one hundred percent (100%) of the site so as to provide erosion control, or the basin may be left in place for future use as a farm pond or similar uses.

(7) Concentrated Animal Feeding Operation Indemnity Fund for Class IA CAFO.

(A) Participation in the Concentrated Animal Feeding Operating Indemnity Fund and its administration shall be in accordance with sections 640.740 through 640.747, RSMo.

(B) For facilities permitted after June 25, 1996, the annual fee shall commence on the first anniversary of the operating permit (C) In no event shall a refund exceed the unencumbered balance in the Concentrated Animal Feeding Operation Indemnity Fund.

(D) Each payment shall identify the following: state operating permit number, payment period, and permittee’s name and address. Persons who own or operate more than one (1) operation may submit one (1) check to cover all annual fees, but are responsible for submitting the appropriate information to allow proper credit for each permit file account.

(E) Annual fees are the responsibility of the permittee. Failure to receive a billing notice is not an excuse for failure to remit the fees.

rule filed June 1, 1995, effective Jan. 30, 1996. Amended: Filed March 1, 1996, effective Nov. 30, 1996. Amended: Filed July 9, 1998, effective March 30, 1999. Amended: Filed May 12, 2008, effective Feb. 28, 2009. Amended: Filed July 14, 2011, effective April 30, 2012.

Amended: Filed Jan. 26, 2016, effective Oct. 30, 2016. Amended:

Filed June 13, 2018, effective Feb. 28, 2019. ** *Original authority: 640.710, RSMo 1996 and 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012, 2014. **Pursuant to Executive Order 21-07, 10 CSR 20-6.300, subsection (2)(B) and paragraphs (3)(A)3., (3)

(B)1., and (4)(A)1. was suspended from April 23, 2020 through August 31, 2021.

**History**
- *AUTHORITY: sections 640.710 and 644.026, RSMo 2016. Original*

### **Chapter 7a** Water Quality

##### **10 CSR 20-7.010** Prevention of Pollution from Wells to Subsurface Waters of the State -7.015 Effluent Regula tions -7.020 Effluent Regula tions {#sec-10-csr-20-7.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-7.010}

(Rescinded July 10, 1980) -7.030 Wa ter Quality Standards (Rescinded December 11, 1977) -7.031 Wa ter Quality Standards -7.050 Methodology for D evelopment of Impaired Waters List

##### **10 CSR 20-7.010** Prevention of Pollution from Wells to Subsurface Waters of the State {#sec-10-csr-20-7.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-7.010}

(Rescinded July 10, 1980)

**History**
- *AUTHORITY: section 204.026, RSMo 1978. Original rule filed June 19, 1974, effective June 29, 1974. Amended: Filed April 1, 1975, effective April 11, 1975. Rescinded: Filed Oct. 12, 1979, effective July 10, 1980.*

##### **10 CSR 20-7.015** Effluent Regulations {#sec-10-csr-20-7.015 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-7.015}

PURPOSE: This rule sets forth the limits for various pollutants which are discharged to the various waters of the state. The two previous rules 10 CSR 20-6.050 and 10 CSR 20-7.010 have been rescinded and this rule combines certain aspects of both rules and modifies the format of the effluent regulations. This rule also complies with the latest changes to the Federal Clean Water Act, P.L. 97-117 (1981).

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Designations of Waters of the State.

(A) Definitions.

1. Acute Toxicity Test—a test used to determine the concentration of an effluent that causes an adverse effect (usually death) in a group of test organisms during a shortterm exposure.

2. Allowable Effluent Concentration—the concentration of a toxicant or the parameter toxicity in the receiving water after mixing, sometimes referred to as the receiving water concentration or the in-stream waste concentration.

3. Chronic Toxicity Test—a short-term test, usually ninetysix (96) hours or longer in duration, in which sublethal effects such as reduced growth or reproduction rates are measured in addition to lethality.

4. Nutrient Credits are reductions that can be generated and used to achieve compliance with nutrient target reduction levels or other nutrient limitations, as follows:

A. For point sources, a reduction in discharges of nutrients in pounds that is greater than the reduction required by law or permit conditions or aggregate assessment for facilities under common ownership or operational control; or B. For nonpoint sources with established load allocations, an actual reduction in discharge of nutrients in pounds that is greater than the reduction necessitated by the load allocation; or C. For other nonpoint sources, an actual reduction in discharges of nutrients, for example a nonpoint source installing best management practices.

5. Representative Sample—a small quantity whose characteristics represent the nature and volume of the whole as described in 40 CFR Part 122.48, September 26, 1984, as published by the Office of the Federal Register, National Archives and Records Administration, 700 Pennsylvania Avenue, Washington, DC 20408, which is hereby incorporated by reference and does not include later amendments or additions.

6. Toxic Unit—a measure of effluent toxicity generally expressed as acute toxicity unit or chronic toxicity unit. The larger the toxicity unit, the greater the toxicity.

7. Toxic Unit-Acute—one-hundred (100) times the reciprocal of the effluent concentration that causes fifty percent (50%) of the organisms to die in an acute toxicity test.

8. Toxic Unit-Chronic—one hundred (100) divided by either the highest effluent concentration that causes no observable effect on the test organisms or the inhibition concentration (IC25) causing a twenty-five percent (25%) or more reduction in the reproduction or growth of the test organisms in a chronic toxicity test.

(B) For the purpose of this rule, the waters of the state are divided into the following categories:

1. The Missouri and Mississippi Rivers (section (2) of this

rule);

2. Lakes and reservoirs, including natural lakes and any impoundments created by the construction of a dam across any waterway or watershed. An impoundment designed for or used as a disposal site for tailings or sediment from a mine or mill shall be considered a wastewater treatment device and not a lake or reservoir. Releases to lakes and reservoirs include discharges into streams one-half (1/2) stream mile (.80 km) before the stream enters the lake as measured to its conservation pool (section (3) of this rule);

3. A losing stream is a stream which distributes thirty percent (30%) or more of its flow through natural processes such as through permeable geologic materials into a bedrock aquifer within two (2) miles flow distance downstream of an existing or proposed discharge. Flow measurements to determine percentage of water loss must be corrected to approximate the seven- (7-) day Q10 stream flow. If a stream bed or drainage way has an intermittent flow or a flow insufficient to measure in accordance with this rule, it may be determined to be a losing stream on the basis of channel development, valley configuration, vegetation development, dye tracing studies, bedrock characteristics, geographical data, and other geological factors. Only discharges which in the opinion of the Missouri Department of Natural Resources (department) reach the losing section and which occur within two (2) miles upstream of the losing section of the stream shall be considered releases to a losing stream. Losing streams are defined in 10 CSR 20-2.010(40). Other streams may be determined to be losing by the department (section (4) of this

rule);

4. Metropolitan no-discharge streams. These streams and the limitations on discharging to them are listed in Table F of

##### **10 CSR 20-7.031** Water Quality Standards; {#sec-10-csr-20-7.031 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-7.031}

5. Special streams—Outstanding National Resource Waters and Outstanding State Resource Waters, as listed in Tables D and E of 10 CSR 20-7.031 (section (6) of this rule);

6. Subsurface waters in aquifers (section (7) of this rule);

7. All other waters except as noted in paragraphs (1)

(B)1.–6. of this rule (section (8) of this rule).

(C) Sections (2) though (8) of this rule establish requirements for discharges to the waters specified in these sections, and the requirements of section (9) of this rule apply to all discharges.

The requirements of this rule do not apply to stormwater discharges; effluent limits for stormwater discharges are prescribed in 10 CSR 20-6.200 Storm Water Regulations.

(2) Effluent Limitations for the Missouri and Mississippi Rivers.

In addition to the requirements of section (9) of this rule, the following limitations represent the maximum amount of pollutants which may be discharged from any point source, water contaminant source, or wastewater treatment facility.

(A) Discharges from wastewater treatment facilities which receive primarily domestic waste or from publicly owned treatment works (POTWs) shall undergo treatment sufficient to conform to the following limitations:

1. Biochemical Oxygen Demand (BOD ) and Total Suspended Solids (TSS) equal to or less than a monthly average of thirty milligrams per liter (30 mg/L) and a weekly average of forty-five milligr ams per liter (45 mg/L);

2. pH shall be maintained in the range from six to nine (6–9) include later amendments or additions;

3. Exceptions to paragraphs (2)(A)1. and 2. of this rule are A. If the facility is a wastewater lagoon, the TSS shall be equal to or less than a monthly average of eighty milligrams per liter (80 mg/L) and a weekly average of one hundred twenty milligrams per liter (120 mg/L) and the pH shall be maintained above six 6.0, and the BOD shall be equal to or less than a monthly average of forty-five milligrams per liter (45 mg/L) and a weekly average of sixty-five milligrams per liter (65 mg/L);

B. If the facility is a trickling filter plant the BOD and TSS shall be equal to or less than a monthly average of forty-five milligrams per liter (45 mg/L) and a weekly average of sixty-five milligrams per liter (65 mg/L);

C. Where the use of effluent limitations set forth in this

section is known or expected to produce an effluent that will endanger or violate water quality, the department will set specific effluent limitations for individual dischargers to protect the water quality of the receiving streams;

D. The department may require more stringent limitations than authorized in paragraphs (2)(A)1. and 2. and subparagraphs (2)(A)3.A., B., and C. of this rule under the following conditions:

(I) If the facility is an existing facility, the department may set the BOD and TSS limits based upon an analysis of the past performance, rounded up to the next five milligrams per liter (5 mg/L) range; and (II) If the facility is a new facility, the department may set the BOD and TSS limits based upon the design capabilities of the plant considering geographical and climatic conditions;

(a) A design capability study has been conducted for new lagoon systems. The study reflects that the effluent limitations should be BOD equal to or less than a monthly average of forty-five milligrams per liter (45 mg/L) and a weekly average of sixty-five milligrams per liter (65 mg/L) and TSS equal to or less than a monthly average of seventy milligrams per liter (70 mg/L) and a weekly average of one hundred ten milligrams per liter (110 mg/L).

(b) A design capability study has been conducted for new trickling filter systems and the study reflects that the effluent limitations should be BOD and TSS equal to or less than a monthly average of forty milligrams per liter (40 mg/L) and a weekly average of sixty milligrams per liter (60 mg/L);

4. When the wastewater treatment process causes nitrification which affects the BOD (B) The suspended solids which are present in stream water and which are removed during treatment may be returned to the same body of water from which they were taken, along with any additional suspended solids resulting from the treatment of water to be used as public potable water or industrial purposes using essentially the same process as a public water treatment process. This includes the solids that are removed from potable waters that are withdrawn from wells located in the alluvial valley of the Missouri and Mississippi Rivers.

(C) Monitoring Requirements.

1. The department will develop a wastewater and sludge A. The department may establish less frequent sampling B. Sludge sampling will be established in the permit.

2. Unless otherwise specified in the operating permit, A. Grab samples for lagoons and recirculating media B. Twenty-four- (24-) hour composite samples for me- C. Sludge samples will be grab samples unless otherwise specified in the operating permit.

3. The monitoring frequency and sample types stated in subsection (2)(C) of this rule are minimum requirements.

(3) Effluent Limitations for the Lakes and Reservoirs.

(A) In addition to the requirements of section (9) of this rule, the following limitations represent the maximum amount of pollutants which may be discharged from any point source, water contaminant source, or wastewater treatment facility to a lake or reservoir designated in 10 CSR 20-7.031 as L2 and L3 which is publicly owned. Releases to lakes and reservoirs include discharges into streams one-half (1/2) stream mile (.80 km) before the stream enters the lake as measured to its conservation pool.

1. Discharges from wastewater treatment facilities which receive primarily domestic waste or from POTWs shall undergo treatment sufficient to conform to the following limitations:

A. BOD and TSS equal to or less than a monthly average of twenty milligrams per liter (20 mg/L) and a weekly average of thirty milligrams per liter (30 mg/L);

B. pH shall be maintained in the range from six to nine (6–9) standard units in accordance with 40 CFR 133.102 “Secondary Treatment Regulation,” October 16, 1984, as pub- Washington, DC 20408, which is hereby incorporated by reference and does not include later amendments or additions;

C. Where the use of effluent limitations set forth in

section (3) of this rule are reasonably expected to exceed applicable water quality standards, the department may either conduct waste load allocation studies in order to arrive at a limitation which protects the water quality of the state or set specific effluent limitations for individual dischargers to protect the water quality of the receiving streams; and D. When the wastewater treatment process causes nitrification which affects the BOD (B) Monitoring Requirements.

1. The department will develop a wastewater and sludge A. The department may establish less frequent sampling B. Sludge sampling will be established in the permit.

2. Unless otherwise specified in the operating permit, A. Grab samples for lagoons and recirculating media B. Twenty-four- (24-) hour composite samples for me- C. Sludge samples shall be grab samples unless other- 3. The monitoring frequency and sample types stated in paragraphs (3)(B)1. through 2. of this rule are minimum re- (C) For lakes designated in 10 CSR 20-7.031 as L1, which are primarily used for public drinking water supplies, there will be no discharge into the watersheds above these lakes from domestic or industrial wastewater sources regulated by these rules.

1. Discharges from potable water treatment plants, such as filter wash, may be permitted.

2. Separate storm sewers will be permitted, but only for the transmission of storm water.

3. Discharges directly to L1 lakes for the purposes of water reuse and drought mitigation may be permitted if effluent quality does not exceed the following limitations:

A. Ten milligrams per liter (10 mg/L) as a monthly average and fifteen milligrams per liter (15 mg/L) as a daily maximum of BOD ;

B. Fifteen milligrams per liter (15 mg/L) as a monthly average and twenty milligrams per liter (20 mg/L) as a daily maximum of TSS;

C. pH shall be maintained in the range from six to nine (6.0–9.0) standard units;

D. One hundred twenty-six (126) colony forming units per one hundred (100) ml (year round) of E.coli;

E. Eight milligrams per liter (8 mg/L) as an annual average of total nitrogen;

F. Five-tenths milligrams per liter (0.5 mg/L) as an annual average of total phosphorus; and G. In addition to the requirements of section (9) of this

rule, domestic and industrial point source discharges must ensure that toxic and bioaccumulative pollutants are not discharged at levels above the drinking water supply (DWS) criteria found in Table A1 of 10 CSR 20-7.031.

4. Discharges permitted prior to the effective date of this requirement may continue to discharge so long as the discharge remains in compliance with its operating permit.

(D) For lakes designated in 10 CSR 20- 7.031 as L3 which are not publicly owned, the discharge limitations shall be those contained in section (8) of this rule.

(E) In addition to other requirements in this section, discharges to Lake Taneycomo and its tributaries between Table Rock Dam and Power Site Dam (and excluding the discharges from the dams) shall not exceed five tenths milligrams per liter (0.5 mg/L) of phosphorus as a monthly average. Discharges meeting both the following conditions shall be exempt from this requirement:

1. Those permitted prior to May 9, 1994; and 2. Those with design flows of less than twenty-two thousand five hundred (22,500) gpd. The department may allow the construction and operation of interim facilities without phosphorus control provided their discharges are connected to regional treatment facilities with phosphorus control not later than three (3) years after authorization.

(F) In addition to other requirements in this section, discharges to Table Rock Lake watershed, defined as hydrologic units numbered 11010001 and 11010002, shall not exceed five-tenths milligrams per liter (0.5 mg/L) of phosphorus as a monthly average. Discharges meeting both of the following conditions are exempt from this requirement:

1. Those permitted prior to November 30, 1999; and 2. Those with design flows less than twenty-two thousand five hundred (22,500) gpd.

(G) Discharges in the White River basin and outside of the areas identified in (3)(E) and (F) of this section for phosphorus limitations shall be monitored for phosphorus discharges, and the frequency of monitoring shall be the same as that for and TSS, but not less than annually. The department may reduce the frequency of monitoring if the monitoring data is sufficient for water quality planning purposes.

(4) Losing Stream Determinations and Effluent Limitations for Losing Streams.

(A) The department may make losing stream determinations at any time, typically during review of the first application for discharge to a specific water or location within a watershed.

(B) The department shall process permit applications and other requests for approval in accordance with any existing losing stream determinations.

(C) For purposes of applying for any permit or other approval, any stream segment within two (2) miles upstream of a known losing stream segment is presumed to be also losing unless rebutted by a specific geologic evaluation that concludes the stream segment is not losing.

(D) Existing facilities operating under a state operating permit and new facilities being constructed under a construction permit within two (2) miles upstream of a known stream segment subsequently determined to be losing will be allowed to continue in operation at permitted or approved effluent limits for a period of time not to exceed the design life of the facility or twenty (20) years from the original construction completion, whichever is less, provided the facility is in compliance with its effluent limits and remains in compliance with those limits, and if neither of the following conditions is present:

1. The discharge from such a facility can be eliminated by connection to a locally available facility, in which case the facility shall connect and eliminate its discharge within three (3) years of the losing stream determination. A local facility shall be considered available if that facility or an interceptor has capacity to accept the additional flow and is within two thousand (2,000) feet or a distance deemed feasible by the department; and 2. The discharge from such a facility is shown to cause pollution of groundwater, in which case the facility shall be upgraded to appropriate effluent standards within three (3) years.

(E) The department shall process any additional permits or approvals for increased treatment plant design capacity in accordance with the most recent losing stream determination.

No additional permits or approvals for any facilities shall be construed as lengthening the time for compliance with losing stream effluent limitations as established in subsection (4)(D) of this rule.

(F) Prior to discharging to a losing stream, alternatives such as relocating the discharge to a gaining stream and connection to a regional wastewater treatment facility must be evaluated and determined to be unacceptable for environmental and/or economic reasons.

(G) In addition to the requirements of section (9) of this rule, each permit for a discharge from a wastewater treatment facility to a losing stream shall be written using the limitations contained in subsections (4)(G) and (H) of this

rule in accordance with any applicable compliance schedule.

Discharges from private wastewater treatment facilities which receive primarily domestic waste, industrial sources that treat influents containing significant amounts of organic loading, or POTWs permitted under this section shall undergo treatment sufficient to conform to the following limitations:

1. BOD equal to or less than a monthly average of ten milligrams per liter (10 mg/L) and a weekly average of fifteen milligrams per liter (15 mg/L);

2. TSS equal to or less than a monthly average of fifteen milligrams per liter (15 mg/L) and a weekly average of twenty milligrams per liter (20 mg/L);

3. pH shall be maintained in the range from six to nine (6–9) include later amendments or additions;

4. All chlorinated effluent discharges to losing streams or within two (2) stream miles flow distance upstream of a losing stream shall also be dechlorinated prior to discharge;

5. When the wastewater treatment process causes nitrification which affects the BOD reading, the permittee can petition the department to substitute carbonaceous BOD in lieu of regular BOD testing. If the department concurs that nitrification is occurring, the department will set a carbonaceous BOD at five milligrams per liter (5 mg/L) less than the regular BOD in the operating permit; and 6. For situations in which nitrates in a discharge can be reasonably expected to impact specific drinking water wells, the concentration of nitrates in the discharge shall be limited to an average monthly limit equal to or less than ten milligrams per liter (10 mg/L) as nitrogen and a maximum daily limit of twenty milligrams per liter (20 mg/L). Applicants may conduct a study in the same manner as the Missouri Risk-Based Corrective Action Technical Guidance, published in 2006, to determine if nitrate limits are necessary to protect groundwater. In such cases, applicants shall submit a study plan for approval prior to the study and submit all findings as

part of their permit application.

(H) Monitoring Requirements.

1. The department will develop a wastewater and sludge A. The department may establish less frequent sampling with the applicable effluent limit.

B. Sludge samples will be established in the permit.

2. Unless otherwise specified in the operating permit, A. Grab samples for lagoons and recirculating media B. Twenty-four- (24-) hour composite samples for mechanical plants; and C. Sludge samples shall be grab samples unless otherwise specified in the operating permit.

3. The monitoring frequency and sample types stated in paragraphs (4)(H)1. through 2. of this rule are minimum re- (5) Effluent Limitations for Metropolitan No-Discharge Streams.

(A) Discharge to metropolitan no-discharge streams is prohibited, except as specifically permitted under the Water Quality Standar ds 10 CSR 20-7.031 and noncontaminated storm water flows.

(B) Monitoring Requirements.

1. The department will develop a wastewater and sludge A. The department may establish less frequent sampling B. Sludge sampling will be established in the permit.

2. Unless otherwise specified in the operating permits, A. Grab samples for lagoons and recirculating media B. Twenty-four- (24-) hour composite samples for me- C. Sludge samples shall be grab samples unless other- 3. The monitoring frequency and sample types stated in paragraphs (5)(B)1. through 2. of this rule are minimum re- (6) Effluent Limitations for Special Streams.

(A) Limits for Outstanding National Resource Waters as listed in Table D of 10 CSR 20-7.031 and Drainages Thereto.

1. In addition to the requirements of section (9) of this rule, the following limitations represent the maximum amount of pollutants which may be discharged from any point source, water contaminant source, or wastewater treatment facility to waters included in this section.

2. Discharges from wastewater treatment facilities, which receive primarily domestic waste, or from POTWs are limited A. New releases from any source are prohibited;

B. Discharges from sources that existed before June 29, 1974, or if additional stream segments are placed in this section, discharges that were permitted at the time of the designation will be allowed.

3. Industrial, agricultural, and other non-domestic contaminant sources, point sources, or wastewater treatment facilities which are not included under subparagraph (6)(A)2.B. of this rule shall not be allowed to discharge. All precipitation collected in the operational containment area or secondary containment area as well as process generated wastewater shall be stored and disposed of in a no-discharge manner.

4. Monitoring requirements.

A. The department will develop a wastewater and sludge sampling program based on design flow and other site-specific factors. Sampling frequency shall not exceed once per day.

(I) The department may establish less frequent sampling requirements for point sources that produce an effluent that does not exhibit high variability and consistently complies with the applicable effluent limit;

(II) Sludge sampling will be established in the permit.

B. Unless otherwise specified in the operating permit, (I) Grab samples for lagoons and recirculating media (II) Twenty-four- (24-) hour composite samples for me- (III) Sludge samples shall be grab samples unless otherwise specified in the operating permit.

C. The monitoring frequency and sample types stated in subparagraphs (6)(A)4.A. through B. of this rule are minimum requirements.

(B) Limits for Outstanding State Resource Waters as listed in Table E of 10 CSR 20-7.031.

1. Discharges shall not cause the current water quality in the streams to be lowered.

2. Discharges will be permitted as long as the requirements of paragraph (6)(B)1. of this rule are met and the limitations in section (8) of this rule are not exceeded.

(7) Effluent Limitations for Subsurface Waters.

(A) No person shall release any water into aquifers, store or dispose of water in a way which causes or permits it to enter aquifers either directly or indirectly unless it meets the requirements of section (9) of this rule and it meets the appropriate groundwater protection criteria set in 10 CSR 20-7.031, Table A at a point ten feet (10') under the release point, or other compliance point based on site specific considerations, except as provided in subsection (7)(D) of this rule. The permit writer shall review the complete application and other data to determine which parameter to include in the permit.

(B) No wastewater shall be introduced into sinkholes, caves, fissures, or other openings in the ground which do or are reasonably certain to drain into aquifers except as provided in

section (4) of this rule.

(C) All abandoned wells and test holes shall be properly plugged or sealed to prevent pollution of subsurface waters, as per the requirements of the department.

(D) The effluent limitations specified in subsection (7)(A) of this rule shall not apply to facilities designed and constructed to meet department design criteria provided these designs have been reviewed and approved by the department. The department has the right to require monitoring, reporting, public notice, and other information as deemed appropriate.

This exemption may be revoked by the department should any monitoring indicate an adverse effect on a beneficial water use or if the numeric criteria in the Water Quality Standards are being exceeded.

(E) Any person not included in subsection (7)(D) of this rule who releases, stores, or disposes of water in a manner which results in releases of water to an aquifer having concentrations in excess of one (1) or more parameter limitations provided in subsection (7)(A) of this rule may be allowed to resample for purposes of verification of the excess. At their discretion, persons may demonstrate, at the direction of the department, that the impact on the water quality in the aquifer is negligible on the beneficial uses. The demonstration shall consider, at a minimum, the following factors:

1. Site geology;

2. Site geohydrology;

3. Existing and potential water uses;

4. Existing surface water and groundwater quality;

5. Characteristics of wastes or wastewater contained in facilities; and 6. Other items as may be required by the department to assess the proposal.

A. Demonstrations conducted under 10 CSR 25-18.010 shall be reviewed by the department in accordance with such rules. If the demonstrations show that the impact on groundwater quality will not result in an unreasonable risk to human health or the environment, alternate effluent limitations will be established by the department.

B. All other demonstrations shall be reviewed by the department. If the demonstrations show that the impact on groundwater quality will not result in an unreasonable risk to human health or the environment, alternate effluent limitation(s) will be proposed by the department and presented to the Clean Water Commission for approval. The Clean Water Commission has the right to require monitoring, reporting, public notice, and other information as deemed appropriate in the approval of the alternate limitation for one (1) or more parameters from subsection (7)(A) of this rule. The Clean Water Commission may hold a public hearing to secure public comment prior to final action on an alternate limitation.

C. No alternate limitations will be granted which would impair beneficial uses of the aquifer or threaten human health or the environment.

D. Alternate limitations may be revoked by the department should any monitoring indicate an adverse effect on a beneficial water use or violations of the alternate limitation.

(8) Effluent Limitations for All Waters, Except Those in Paragraphs (1)(B)1.–6. of This Rule. In addition to the requirements of section (9) of this rule, the following limitations represent the maximum amount of pollutants which may be discharged from any point source, water contaminant source, or wastewater treatment facility.

(A) Discharges from wastewater treatment facilities which receive primarily domestic waste or POTWs shall undergo treatment sufficient to conform to the following limitations:

1. BOD and TSS equal to or less than a monthly average of thirty milligrams per liter (30 mg/L) and a weekly average of forty-five milligrams per liter (45 mg/L);

2. pH shall be maintained in the range from six to nine (6–9)

Office of the Fed eral Register, National Archives and Records include later amendments or additions;

3. The limitations of paragraphs (8)(A)1. and 2. of this rule will be effective unless an alternate limitation will not cause violations of the Water Quality Standards or impairment of the uses in the standards. When an Antidegradation Review has been completed for new or expanded discharges, the following alternate limitation may also be allowed:

A. If the facility is a wastewater lagoon, the TSS shall be equal to or less than a monthly average of eighty milligrams per liter (80 mg/L) and a weekly average of one hundred twenty milligrams per liter (120 mg/L) and the pH shall be maintained above six (6.0) and the BOD shall be equal to or less than a monthly average of forty-five milligrams per liter (45 mg/L) and a weekly average of sixty-five milligrams per liter (65 mg/L);

B. If the facility is a trickling filter plant, the BOD TSS shall be equal to or less than a monthly average of forty-five milligrams per liter (45 mg/L) and a weekly average of sixty-five milligrams per liter (65 mg/L);

C. Where the use of effluent limitations set forth in section (8) of this rule is known or expected to produce an effluent that will endanger water quality, the department will set specific effluent limitations for individual dischargers to protect the water quality of the receiving streams; and D. The department may require more stringent limitations than authorized in paragraphs (8)(A)1. and 2. and subparagraphs (8)(A)3.A., B., and C. of this rule under the following conditions:

(I) If the facility is an existing facility, the department may set the BOD and TSS limits based upon an analysis of the past performance, rounded up to the next five milligrams per liter (5 mg/L) range; and (II) If the facility is a new facility the department may set the BOD and TSS limits based upon the design capabilities of the plant considering geographical and climatic conditions:

(a) A design capability study has been conducted for new lagoon systems. The study reflects that the effluent limitations should be BOD equal to or less than a monthly average of forty-five milligrams per liter (45 mg/L) and a weekly average of sixty-five milligrams per liter (65 mg/L) and TSS equal to or less than a monthly average of seventy milligrams per liter (70 mg/L) and a weekly average of one hundred ten milligrams per liter (110 mg/L); or (b) A design capability study has been conducted for new trickling filter systems and the study reflects that the effluent limitations should be BOD and TSS equal to or less than a monthly average of forty milligrams per liter (40 mg/L) and a weekly average of sixty milligrams per liter (60 mg/L);

4. When the wastewater treatment process causes nitrification which affects the BOD (B) Monitoring Requirements.

1. The department will develop a wastewater and sludge A. The department may establish less frequent sampling B. Sludge sampling will be established in the permit.

2. Unless otherwise specified in the operating permit, A. Grab samples for lagoons and recirculating media B. Twenty-four- (24-) hour composite samples for me- C. Sludge samples shall be grab samples unless other- 3. The monitoring frequency and sample types stated in paragraphs (8)(B)1. through 2. of this rule are minimum re- (9) General Conditions.

(A) Establishing Effluent Limitations. Unless a formal variance from water quality standards has been approved by the Clean Water Commission and the U.S. Environmental Protection Agency, operating permits issued under 10 CSR 20-6.010(7) shall include, if applicable, the most protective limits set forth 1. Technology-based effluent limits and standards based on specific requirements under sections (2) through (8) of this

rule;

2. Water quality-based effluent limits based on a waste load allocation in accordance with federal regulations (40 CFR 122.44(d)(1)), which would address pollutants that have a reasonable potential to cause or contribute to an excursion above Water Quality Standards established in 10 CSR 20-7.031.

A. Local effluent and receiving water data may be used to develop site-specific effluent limits provided the department determines that this data is representative and 10 CSR 20-7.031 provides for their development.

B. Water quality-based effluent limitations incorporating mixing zones and zones of initial dilution as provided for in 10 CSR 20-7.031(5)(A)4.B. may be based on stream flows other than critical low-flow conditions, if the following conditions are met:

(I) The limits are protective of critical low-flow conditions, as well as higher flow conditions; and (II) The permit shall require in-stream flow measurements and methods to determine compliance;

3. Effluent limit guidelines or standards that have been federally promulgated under Sections 301, 304, 306, 307, 318, and 405 of the Clean Water Act and case-by-case determinations of technology-based effluent limitations under section 402(a)(1) of the Clean Water Act;

4. Effluent limits for discharges subject to a total maximum daily load (TMDL) necessary to achieve water quality standards, including permit limits in lieu of a TMDL. Permit limitations consistent with the requirements and assumptions of an approved waste load allocation within a TMDL shall be placed in permits as needed. Permits may include schedules of compliance and, if developed, follow TMDL implementation plans, adaptive management approaches, or other flexibilities so long as they are allowed by federal regulation. The department may reopen existing permits to implement TMDL requirements;

5. Effluent limits that are developed through the antidegradation review process, provided there is reasonable potential to exceed these limits;

6. Effluent limits that are required as a result of legal agreements between dischargers and the department or the Clean Water Commission, or as otherwise required or allowed by law; and 7. Compliance with permit limits established in accordance with subsections (3)(E) and (3)(F) or paragraphs (9)(A)4. and 5. of this rule can be achieved though total phosphorus and total nitrogen nutrient credit trading conducted in accordance with subparagraph (9)(B)2.E.

(B) Bacteria and Statewide Nutrient Limits. Operating permits as required under 10 CSR 20-6.010(7) shall include, if applicable, the following bacteria and nutrient limits:

1. Bacteria. The following water quality Escherichia coli (E.

coli) discharge limits apply:

A. Discharges to stream segments designated in Table H of 10 CSR 20-7.031 for whole body contact recreation and secondary contact recreation shall not exceed the water quality E. coli counts established in subsection (5)(C) of 10 CSR 20-7.031;

B. Discharges to lakes designated as whole body contact recreational or secondary contact recreational in Table G of 10 CSR 20-7.031 shall not exceed the water quality E. coli counts established in subsection (5)(C) of 10 CSR 20-7.031;

C. Discharges located within two (2) miles upstream of stream segments or lakes designated for whole body contact recreational or secondary contact recreational in Tables H and G of 10 CSR 20-7.031 shall not exceed the water quality E. coli counts established in subsection (5)(C) of 10 CSR 20-7.031 for the receiving stream segment or lake designated for those uses;

D. E. coli limits. During the recreation season, discharges to waters designated for whole body contact “A” as defined in part (1)(C)2.A.(I) of 10 CSR 20-7.031 shall be limited to one hundred twenty-six (126) colony forming units per one hundred (100) milliliters (mL) expressed as a monthly geometric mean for POTWs and non-POTWs. During the recreation season, discharges to waters designated for whole body contact “B” as defined in part (1)(C)2.A.(II) of 10 CSR 20-7.031 shall be limited to two hundred six (206) colony forming units per one hundred (100) mL expressed as a monthly geometric mean for POTWs and non-POTWs. During the recreation season, discharges to waters designated for secondary contact recreational as defined in subparagraph (1)(C)2.B. of 10 CSR 20-7.031 shall be limited to one thousand one hundred thirty-four (1,134) colony forming units per one hundred (100) mL expressed as a monthly geometric mean for POTWs and non-POTWs. For the entire calendar year, discharges to waters that are defined by paragraph (1)(B)3. of this rule as losing streams shall be limited to one hundred twenty-six (126) colony forming units per one hundred (100) mL expressed as a daily maximum;

E. Short-term E. coli limits. Short-term effluent limitations shall be expressed as a daily maximum for non- POTWs and as a weekly geometric mean for POTWs. Short-term effluent limitations for discharges to waters designated for whole body contact “A” and “B” as well as those designated for secondary contact recreation shall be derived by multiplying the monthly geometric mean effluent limitations identified in subparagraph (9)(B)1.D. of this rule by a factor of five (5), except that alternative multipliers may be utilized to calculate shortterm E. coli limitations when proposed and incorporated into permits. At no time shall using alternative multipliers in shortterm effluent limitations cause or contribute to an excursion of the in-stream water quality criteria;

F. As an alternative to the limits prescribed in subparagraphs (9)(B)1.A. through E. of this rule, the department may allow permit applicants to conduct a study to develop E. coli limits that reflect pathogen decay. Prior to conducting this study applicants shall submit a quality assurance project plan for approval prior to the study, and submit all findings as part of their permit application; and G. Notwithstanding the bacteria limits prescribed in subparagraphs (9)(B)1.A. through F. of this rule, discharges to losing streams shall be considered in compliance so long as no more than ten (10) percent of samples exceed one hundred twenty-six (126) colony forming units per one hundred (100) mL daily maximum;

2. Nutrient reduction targets and trading. This rule establishes nutrient reduction targets implementing part of the Missouri Nutrient Loss Reduction Strategy to contribute to a statewide reduction in total phosphorus.

A. Total phosphorus. The following total phosphorus target reduction levels apply to all domestic point sources with a design flow of greater than or equal to 1,000,000 gallons per day (MGD) and all industrial facilities categorized as major that typically discharge phosphorus in their industrial wastewater, except for point sources subject to total phosphorus effluent limitations identified in subsections (3)(E) and (3)(F) or paragraphs (9)(A)4. and 5. of this rule or where a more stringent limit has been established in accordance with other provisions of this rule, and shall be implemented as follows:

(I) Total phosphorus target level of one milligrams per liter (1.0 mg/L), as an annual average; or (II) Total phosphorus annual mass loading target level equal to one milligram per liter (1.0 mg/L) based on the design flow. Combined sewer systems may request alternative considerations or calculations, if approved in an operating permit; or (III) An overall reduction of total phosphorus from influent to effluent by seventy-five percent (75%) based on a one- (1-) time calculation of two (2) years of representative monitoring or process influent and effluent data; or (IV) An overall reduction of annual load of total phosphorus discharged by seventy-five percent (75%) based on a one- (1-) time calculation of adequately representative effluent data; and (V) The assessment of compliance with these levels will be based on actual flows annually, but monthly monitoring and reporting of the rolling annual average will be conducted;

B. Total nitrogen. Reserved;

C. Total phosphorus and total nitrogen. Facilities that elect to implement treatment for total phosphorus and total nitrogen simultaneously shall establish a nitrogen target reduction level and may request alternative implementation dates in accordance with subparagraph (9)(B)2.D of this rule;

D. Total phosphorus target reduction levels established in subparagraph (9)(B)2.A. must be implemented no later than the dates below, unless the department approves alternative implementation dates, which must be established in an operating permit:

(I) By January 1, 2029, for domestic point sources with facility design flows greater than 15MGD;

(II) By January 1, 2033, for domestic point sources with facility design flows greater than or equal to 1MGD but less than 15MGD;

(III) By January 1, 2034, for industrial facilities;

(IV) Alternative implementation dates may be requested based on the following:

(a) Affordability analysis per section 644.145, RSMo;

(b) Integrated management plans;

(c) Expected regionalization plans;

(d) The cost of implementing the pollution control measures to comply would cause undue financial burden to the facility or its indirect dischargers;

(e) A department-approved Nutrient Reduction Master Plan that includes a facility assessment and plans to reduce both phosphorus and nitrogen; or (f) Facilities included in an aggregate assessment or allocation for multiple point sources;

E. Nutrient trading and credit generation. Nutrient credits may be used to comply with the target reduction levels of subparagraph (9)(B)2.A. of this rule. Nutrient credits may be used to comply with nutrient limits established in accordance with subsections (3)(E) or (3)(F) or paragraph (9)(A)4. or (9)(A)5. of this rule. Nutrient credits may be generated— (I) In accordance with a permittee’s Nonpoint Source Credit Generation Plan or Point Source Trade Plan, approved by the department and incorporated into the operating permit;

(II) Through early compliance with the nutrient target reduction levels established with this paragraph. Facilities may track and trade nutrient reductions achieved prior to January 1, 2029, with department approval; or (III) Through use of an approved aggregate assessment and allocation for multiple point sources.

(C) Schedules of Compliance.

1. Compliance with new or revised National Pollutant Discharge Elimination System (NPDES) or Missouri operating permit limitations shall be achieved and in accordance with the federal regulation 40 CFR Part 122.47 “Schedules of Compliance,” May 15, 2000, as published by the Office of the Federal Register, National Archives and Records Administration, Superintendent of Documents, Pittsburgh, PA 15250-7954, which is hereby incorporated by reference and does not include later amendments or additions.

2. A compliance schedule may be modified in accordance with the federal regulation 40 CFR 122.62 “Modification or revocation and reissuance of permits,” November 20, 2008, as pub- Washington, DC 20408, which is hereby incorporated by reference and does not include later amendments or additions.

(D) Monitoring, Analysis, and Reporting.

1. All construction and operating permit holders shall submit reports at intervals established by the permit or at any other reasonable intervals required by the department. The monitoring and analytical schedule shall be as established by the department in the operating permit.

2. The analytical and sampling methods used must conform to federal regulation 40 CFR Part 136.3 “Identification of test procedures,” August 28, 2017, as published by the include later amendments or additions.

3. Approval of alternative test procedures shall follow the criteria set forth in federal regulation 40 CFR 136.4 “Application for and approval of alternate test procedures for nationwide use,” August 28, 2017, as published by the Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408, or federal regulation 40 CFR 136.5 “Approval of alternate test procedures for limited use,” August 28, 2017, as published by the Office of the Federal Register, National Archives and Records Administration, 700 Pennsylvania Avenue, Washington, DC 20408, which are incorporated by reference and do not include later amendments or additions.

4. Sampling and analysis by the department to determine violations of this regulation will be conducted in accordance with the methods listed in paragraph (9)(D)2. of this rule or any other approved by the department. Violations may also be determined by review of the permittee’s self-monitoring reports.

5. If, for any reason, the permittee does not comply with or will be unable to comply with any discharge limitations or standards specified in the permit, the permittee shall provide the department with the following information, with the next discharge monitoring report as required under subsection (9)

(D) of this rule:

A. A description of the discharge and cause of noncompliance;

B. The period of noncompliance, including exact dates and times and/or the anticipated time when the discharge will return to compliance; and C. The steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance.

6. In the case of any discharge subject to any applicable toxic pollutant effluent standard under Section 307(a) of the federal Clean Water Act, the information required by paragraph (9)(D)5. of this rule regarding a violation of this standard shall be provided within twenty-four (24) hours from the time the owner or operator of the water contaminant source, point source, or wastewater treatment facility becomes aware of the violation or potential violation. This information may be provided via an electronic web-based system developed by the department, provided it is available. If this information is provided orally, a written submission covering these points shall be provided within five (5) working days of the time the owner or operator of the water contaminant source, point source, or wastewater treatment facility becomes aware of the violation.

7. Bacteria monitoring for disinfection.

A. For systems that have a design capacity of greater than one hundred thousand (100,000) gpd, a minimum of one (1) sample shall be collected for E. coli analysis each calendar week during the recreational season from April 1 through October 31. Compliance with the E. coli water quality standard established in subsection (5)(C) of 10 CSR 20-7.031 shall be determined each calendar month by calculating the geometric mean of all of the samples collected each calendar month.

Compliance with the short-term E. coli limits established in subparagraph (9)(B)1.E. of this rule shall also be determined.

B. For systems that discharge to stream segments that are defined by paragraph (1)(B)3. as losing streams and have a design capacity of greater than one hundred thousand (100,000) gpd, a minimum of one (1) sample shall be collected for E. coli analysis each calendar week all year. Compliance with the E. coli water quality standard established in subsection (5)(C) of 10 CSR 20-7.031 and with the short term E. coli limits established in subparagraph (9)(B)1.E. of this rule shall also be determined.

C. For systems that have a design capacity of one hundred thousand (100,000) gpd or less, the sampling frequency for E. coli analysis shall be in accordance with the wastewater and sludge sampling program based on the design flow which is dependent upon the receiving water category as listed in subsection (1)(B) of this rule. Compliance with the E. coli water quality standard established in subsection (5)(C) of

##### **10 CSR 20-7.031** shall be determined each calendar month by calculating the geometric mean of all of the samples collected each calendar month. Compliance with the short-term E. coli limits established in subparagraph (9)(B)1.E. of this rule shall also be determined. {#sec-10-csr-20-7.031 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-7.031}

8. Statewide monitoring for nutrients. Point sources that have the design capacity of greater than one hundred thousand (100,000) gpd that typically discharge nitrogen and phosphorus shall collect and analyze influent and effluent samples for total phosphorus, ammonia, total kjeldahl nitrogen and nitrate plus nitrite utilizing methods outlined in paragraph (D)2. of this

section using the following frequencies:

A. Quarterly for facilities with design capacities greater than one hundred thousand (100,000) gpd and less than 1,000,000 gpd for a period up to five (5) years. The department may require additional monitoring to ascertain a discharge’s nutrient contribution and the efficacy of the treatment technology as it pertains to nutrient removal.

B. Monthly for facilities with design capacities greater than or equal to 1,000,000 gpd for a period up to five (5) years. The department may require additional monitoring to ascertain a discharge’s nutrient contribution and the efficacy of the treatment technology as it pertains to nutrient removal.

C. The department may impose ongoing or more frequent monitoring in permits that impose effluent limits for total nitrogen or total phosphorus or in situations in which monitoring is appropriate to ensure compliance with water quality standards, specific lake limits, or nutrient reduction target levels specified under subsections (3)(E) and (F) and paragraph (9)(B)2. of this rule.

(E) Dilution Water. Dilution of treated wastewater with cooling water or other less contaminated water to lower the effluent concentration to limits required by an effluent regulation of the Clean Water Law shall not be an acceptable means of treatment.

(F) Compliance with New Source Performance Standards.

1. Except as provided in paragraph (9)(F)2. of this rule, any new water contaminant source, point source, or wastewater treatment facility on which construction commenced after October 18, 1972, or any new source, which meets the applicable promulgated new source performance standards before the commencement of discharge, shall not be subject to any more stringent new source performance standards or to any more stringent technology-based standards under subsection 301(b)(2) of the federal Clean Water Act for the shortest of the following periods:

A. Ten (10) years from the date that construction is completed;

B. Ten (10) years from the date the source begins to discharge process or other nonconstruction related wastewater; or C. The period of depreciation or amortization of the facility for the purposes of section 167 or 169 (or both) of the Internal Revenue Code of 1954.

2. The protection from more stringent standards of performance afforded by paragraph (9)(F)1. of this rule does not apply to— A. Additional or more stringent permit conditions which are not technology based, for example, conditions based on water quality standards or effluent standards or prohibitions under Section 307(a) of the federal Clean Water Act; and B. Additional permit conditions controlling pollutants listed as toxic under Section 307(a) of the federal Clean Water Act or as hazardous substances under Section 311 of the federal Clean Water Act and which are not controlled by new source performance standards. This exclusion includes permit conditions controlling pollutants other than those identified as hazardous where control of those other pollutants has been specifically identified as the method to control the hazardous pollutant.

(G) Bypass. Bypass means the intentional diversion of waste streams from any portion of a treatment facility, except in the case of blending. Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Blending is the practice of diverting wet-weather flows around any treatment unit and recombining those flows within the treatment facility, while providing primary and secondary or biological treatment up to the available capacity, consistent with all applicable effluent limits and conditions.

Stipulations regarding bypass allowances, prohibitions, and reporting requirements shall comply with federal regulation 40 CFR 122.41 “Conditions applicable to all permits” (applicable to state programs; See section 123.25), October 22, 2015, as pub- Washington, DC 20408, which are incorporated by reference and do not include later amendments or additions.

(H) Sludge facilities shall meet the applicable control technology for sewage sludge treatment, use, and disposal as published by the EPA in 40 CFR 503 and applicable state standards and limitations published in 10 CSR 20 and 10 CSR 80. Where there are no standards available or applicable, or when more stringent standards are appropriate to protect human health and the environment, the department shall set specific limitations in permits on a case-by-case basis using best professional judgment.

(I) Industrial, agricultural, and other nondomestic water contaminant sources, point sources, or wastewater treatment facilities which are not included under subsections (2)(A) or (8)

(A) of this rule— 1. These facilities shall meet the applicable control technology currently effective as published by the EPA in 40 CFR 405–471. Where there are no standards available or applicable, the department shall set specific parameter limitations using best professional judgment. The pH shall be maintained in the range from six to nine (6–9) standard units, except that discharges of uncontaminated cooling water and water treatment plant effluent may exceed nine (9) standard units, but may not exceed ten and one-half (10.5) standard units, if it can be demonstrated that the pH will not exceed nine (9) standard units beyond the regulatory mixing zone; and 2. All precipitation collected in the operational containment area or secondary containment area as well as process generated wastewater shall be stored and disposed of in a no-discharge manner or treated to meet the applicable control technology referenced in paragraph (9)(I)1. of this rule.

(J) Implementation Schedule for Protection of Whole Body Contact and Secondary Contact Recreation.

1. For discharges to water bodies designated for whole body contact and secondary contact recreational use prior to July 1, 2012, in 10 CSR 20-7.031, permits shall insure compliance with effluent limits to protect whole body contact and secondary contact recreation by no later than December 31, 2013, unless the permittee presents an evaluation sufficient to show that disinfection is not required to protect one (1) or both designated recreational uses, or a UAA demonstrates that one (1) or both designated recreational uses are not attainable in the classified waters receiving the effluent.

2. For discharges to water bodies designated for whole body contact and secondary contact recreational use after June 30, 2012, in 10 CSR 20-7.031, permits shall include schedules of compliance to meet bacteria limits in accordance with subsection (9)(C) of this rule.

(K) Temporary Suspension of Accountability for Bacteria Standards during Wet Weather. The accountability for bacteria standards may be temporarily suspended for specific discharges when conditions contained in paragraphs (9)(K)1. through 3. of this rule are met.

1. No existing recreational uses downstream of the discharge will be impacted during the period of suspension as confirmed through a water quality review for reasonable potential for downstream impacts and a UAA performed in accordance with the Missouri Recreational Use Attainability Analysis Protocol approved by the Missouri Clean Water Commission.

2. The period of suspension must be restricted to the defined wet weather event that corresponds to the period when recreational uses are unattainable. The period must be determinable at any time by the discharger and the general public (such as from stream depth or flow readings or other stream conditions on which publicly accessible records are kept).

3. The suspension shall be subject to public review and comment, Missouri Clean Water Commission approval, and EPA approval before becoming effective and shall be contained as a condition in a discharge permit or other written document developed through public participation.

(L) Whole Effluent Toxicity (WET) Test. The following are permit requirements for acute and chronic WET tests:

1. WET tests are to be conducted according to the methods prescribed in 40 CFR 136.3;

2. Test Types.

A. Acute WET tests shall be a multiple dilution series, static, non-renewal test to determine the degree at which acute forty-eight to ninety-six hour (48–96 hour) exposure to the effluent is acutely toxic to aquatic life expressed in species survival.

B. Chronic WET test shall be a multiple dilution series, static, renewal test to determine the degree at which chronic (sublethal) exposure to the effluent is toxic to aquatic life or affects an alternative endpoint such as species reproduction and/ or growth. Duration of chronic WET tests shall be established according to 40 CFR 136.3 “Identification of test procedures,” promulgated as of July 1, 2011, and hereby incorporated by reference in this rule, as published by the Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions;

3. Applicability. WET test type and frequency shall be determined and expressed in permits by the department. At permit issuance or reissuance, the department will use valid and representative data to establish on a case-by-case basis, whether an existing discharge causes, has the reasonable potential to cause, or contributes to an excursion from the narrative water quality criteria. Where the department concludes that a discharge has the reasonable potential to contribute to an excursion from the narrative water quality criteria, as established in 10 CSR 20-7.031, the permit will include WET limits. If the department determines the facility has no reasonable potential to violate water quality standards, WET testing may be removed, or if more information is required, WET testing may be retained at a reduced frequency. WET test applicability for NPDES permits shall be fully addressed in the permit factsheet;

4. Specifications.

A. A dilution series shall be established in the permit for WET test. The dilution series shall be a set of proportional effluent dilutions based on an Allowable Effluent Concentration (AEC).

B. All WET tests shall be performed with Pimephales promelas (a fathead minnow) and Ceriodaphnia dubia (a water flea), except facilities which discharge to receiving streams designated as cold-water fisheries. Facilities which discharge to receiving streams designated as cold-water fisheries may be required to perform WET tests using Oncorhynchus mykiss (rainbow trout) instead of the fathead minnow. Other test species for which test methods are provided in 40 CFR 136.3 may be approved by the department on a case-by-case basis provided the species are appropriately sensitive and representative. Alternative species (not included in 40 CFR 136.3) shall be approved in accordance with the procedures in 40 CFR 136.4. Application for alternate test procedures, promulgated as of August 28, 2017, is hereby incorporated by reference in this rule, as published by the Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions.

C. A Toxic Unit (TU) water quality based limit shall be established in the permit for WET test where the department concludes that a discharge has the reasonable potential to cause or contribute to an excursion from the narrative water quality criteria as established in 10 CSR 20-7.031(4)(D). The TU limit shall be determined in accordance with 40 CFR 122.44(d)

(1)(v) and utilizing the methods established in Technical Support Document For Water Quality-based Toxics Control (March 1991, EPA, EPA/505/2-90-001) and documented in the factsheet. Exceedance of a TU limit shall be a WET test failure.

D. Upon completion of a WET test the lab report and department form as referenced in the permit shall be submitted by the permittee to the department within the timeframe established by the permit.

(10) Control of Combined Sewer Overflows (CSOs). The permitting and control of CSOs shall conform to EPA’s CSO Control Policy, EPA Number 830/B-94-001 (published by EPA April 19, 1994, at 59 Fed. Reg. 18688), as referenced by Section 402 (q) of the Clean Water Act, 33 USC 1342(q). The CSO Control Policy is hereby incorporated by reference, without any later amendments or additions. This document is available by writing to U.S. Environmental Protection Agency, Office of Water Resource Center, Mail Code RC-4100T, 1200 Pennsylvania Avenue NW, Washington, DC 20460 or upon request from the Department of Natural Resources, Water Protection Program, Water Pollution Control Branch, PO Box 176, Jefferson City, MO 65102-0176. Effluent monitoring commitments for CSOs shall be addressed in the long term control plans required under EPA’s CSO Control Policy.

Rescinded and readopted: Filed Nov. 10, 1982, effective May 12, 1983. Amended: Filed Sept. 11, 1984, effective March 12, 1985.

Amended: Filed July 25, 1985, effective Dec. 26, 1985. Amended:

Filed Feb. 1, 1988, effective June 13, 1988. Amended: Filed Sept. 13, 1988, effective Feb. 14, 1989. Amended: Filed July 15, 1991, effective Jan. 13, 1992. Amended: Filed Sept. 2, 1993, effective May 9, 1994.

Amended: Filed March 1, 1999, effective Nov. 30, 1999. Amended:

Filed Dec. 30, 1999, effective Sept. 30, 2000. Amended: Filed March 31, 2005, effective Dec. 31, 2005. Amended: Filed Sept. 28, 2009, effective June 30, 2010. Amended: Filed May 15, 2013, effective Feb. 28, 2014. Amended: Filed June 15, 2018, effective Feb. 28, 2019.

Amended: Filed March 1, 2023, effective Oct. 30, 2023. *Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012, 2014.

**History**
- *AUTHORITY: section 644.026, RSMo 2016. Original rule filed June 6, 1974, effective June 16, 1974. Amended: Filed April 1, 1975, effective April 11, 1975. Rescinded: Filed Oct. 16, 1979, effective July 11, 1980. Readopted: Filed Feb. 4, 1980, effective July 11, 1980.*

##### **10 CSR 20-7.020** Effluent Regulations {#sec-10-csr-20-7.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-7.020}

(Rescinded July 10, 1980)

**History**
- *AUTHORITY: section 204.026, RSMo 1978. Original rule filed June 6, 1974, effective June 16, 1974. Amended: Filed April 1, 1975, effective April 11, 1975. Rescinded: Filed Oct. 12, 1979, effective July 10, 1980.*

##### **10 CSR 20-7.030** Water Quality Standards {#sec-10-csr-20-7.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-7.030}

(Rescinded December 11, 1977)

Rescinded: effective Dec. 11, 1977.

**History**
- *AUTHORITY: sections 204.021 and 204.026, RSMo Supp. 1973.*

##### **10 CSR 20-7.031** Water Quality Standards {#sec-10-csr-20-7.031 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-7.031}

PURPOSE: This rule identifies uses of waters of the state, criteria to protect those uses, and defines the antidegradation policy. It is developed in response to the Missouri Clean Water Law and the federal Clean Water Act, Section 303(c)(1) and (2), which requires that state water quality standards be reviewed at least once every three (3) years. These revisions are pursuant to the national goal of protection of fish, shellfish, and wildlife and recreation in and on the water as outlined in Section 101(a)(2) of the Act.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Definitions.

(A) Acute toxicity—Conditions producing adverse effects or lethality on aquatic life following short-term exposure. The acute criteria in Tables A1, A2, and B1 are maximum concentrations which protect against acutely toxic conditions. Acute toxicity is also indicated by exceedence of whole-effluent toxicity (WET) test conditions of paragraph (4)(J)2. For substances not listed in Tables A1, A2, and B1, three-tenths (0.3) of the median lethal concentration, or the no observed acute effect concentration for representative species, may be used to determine absence of acute toxicity.

(B) Aquifer—A subsurface water-bearing bed or stratum which stores or transmits water in recoverable quantities that is currently being used or could be used as a water source for private or public use. It does not include water in the vadose zone.

(C) Biocriteria—Numeric values or narrative expressions that describe the reference biological integrity of aquatic communities inhabiting waters that have been designated for aquatic-life protection.

(D) Chronic toxicity—Conditions producing adverse effects on aquatic life or wildlife following long-term exposure but having no readily observable effect over a short time period.

Chronic numeric criteria in Tables A1, A2, B2, and B3 are maximum concentrations which protect against chronic toxicity; these values shall be considered four- (4-) day averages, with the exception of total ammonia as nitrogen which shall be considered a thirty- (30-) day average. Chronic toxicity is also indicated by exceedence of WET test conditions of subsection (5)(Q). For substances not listed in Tables A1, A2, B2, and B3, commonly used endpoints such as the no-observed effect concentration or inhibition concentration of representative species may be used to demonstrate absence of toxicity.

(E) Class—All waters in the Missouri Use Designation Dataset at (1)(Q) of this rule shall have a hydrologic class. During normal flow periods, some rivers back water into tributaries which do not otherwise have a hydrologic class. These permanent backwater areas are considered to have the same hydrologic class as the water body into which the tributary flows.

1. Class L1—Lakes used primarily for public drinking water supply.

2. Class L2—Major reservoirs.

3. Class L3—Other lakes which are waters of the state.

These include both public and private lakes. For effluent regulation purposes, publicly-owned L3 lakes are those for which a substantial portion of the surrounding lands are publicly owned or managed.

4. Class P—Streams that maintain permanent flow even in drought periods.

5. Class P1—Standing-water reaches of Class P streams.

6. Class C—Streams that may cease flow in dry periods but maintain permanent pools which support aquatic life.

7. Class E—Streams that do not maintain permanent surface flow or permanent pools, but have ephemeral surface flow or pools in response to precipitation events.

8. Class W—Wetlands that are waters of the state that meet the criteria in the Corps of Engineers Wetlands Delineation Manual (January 1987), and subsequent federal revisions and supplements. Class W waters do not include wetlands that are artificially created on dry land and maintained for the treatment of mine drainage; stormwater control; or drainage associated with road construction, industrial, municipal, or agricultural waste.

(F) Designated uses—Uses specified for each water body whether or not they are being attained. Uses are designated according to section (2) of this rule and include, but are not limited to:

1. Protection and propagation of fish, shellfish, and wildlife. Streams will be designated to one (1) of the following aquatic habitat protection uses based on watershed size, scale within the stream network, and other hydrological and physical data. Lakes and reservoirs will be designated to one (1) of the following aquatic habitat protection uses based on limnological characteristics (such as temperature) and biological assemblages;

A. Warm Water Habitat (WWH)—Waters in which naturally-occurring water quality and habitat conditions allow the maintenance of a wide variety of warm-water biota— (I) Great River;

(II) Large River;

(III) Small River;

(IV) Creek;

(V) Headwater; or (VI) Lake or reservoir;

Cool W ater Habitat (CLH)—Waters in which naturally-occurring water quality and habitat conditions allow the maintenance of a wide variety of cool-water biota. These waters can support a sensitive, high-quality sport fishery (i.e., smallmouth bass and rock bass)— (I) Large River;

(II) Small River;

(III) Creek;

(IV) Headwater; or (V) Lake or reservoir;

C. Cold Water Habitat (CDH)—Waters in which naturally-occurring water quality and habitat conditions allow the maintenance of a wide variety of cold-water biota. These waters can support a naturally reproducing or stocked trout fishery and populations of other cold-water species— (I) Large River;

(II) Small River;

(III) Creek;

(IV) Headwater; or (V) Lake or reservoir;

D. Ephemeral Aquatic Habitat (EAH)—Waters having surface flow or pools in response to precipitation events or snow melt, but without permanent surface flow or permanent pools; naturally-occurring water quality and habitat conditions may allow the maintenance of a limited or transient community of aquatic biota;

E. Modified Aquatic Habitat (MAH)—Waters in which natural habitat conditions have been physically, chemically, or biologically modified; habitat and resulting water quality conditions may prevent the maintenance of a wide variety or diversity of aquatic biota; and F. Limited Aquatic Habitat (LAH)—Waters in which natural habitat conditions have been substantially and irretrievably altered; habitat and resulting water quality conditions do not allow maintenance of aquatic biota, or if present, the community is of poor variety or diversity;

2. Recreation in and on the water. Assignment of these uses does not grant an individual the right to trespass.

A. Whole body contact recreation (WBC)—Activities involving direct human contact with waters of the state to the point of complete body submergence. The water may be ingested accidentally and certain sensitive body organs, such as the eyes, ears, and the nose, will be exposed to the water.

Although the water may be ingested accidentally, it is not intended to be used as a potable supply unless acceptable treatment is applied. Waters so designated are intended to be used for swimming, water skiing, or skin diving.

(I) Category A (WBC-A)—This category applies to waters that have been established by the property owner as public swimming areas welcoming access by the public for swimming purposes and waters with documented existing whole body contact recreational use(s) by the public. Examples of this category include, but are not limited to: public swimming beaches and property where whole body contact recreational activity is open to and accessible by the public through law or written permission of the landowner.

(II) Category B (WBC-B)—This category applies to waters designated for whole body contact recreation not contained within category A.

Sec ondary contact recreation (SCR)—Uses include fishing, wading, commercial and recreational boating, any limited contact incidental to shoreline activities, and activities in which users do not swim or float in the water. These recreational activities may result in contact with the water that is either incidental or accidental and the probability of ingesting appreciable quantities of water is minimal;

3. Human health protection (HHP)—Criteria to protect this use are based on the assumption of an average amount of fish consumed on a long-term basis. Protection of this use includes compliance with Food and Drug Administration (FDA) limits for fish tissue, maximum water concentrations corresponding to the 10 -6 cancer risk level, and other human health fish consumption criteria;

4. Irrigation (IRR)—Application of water to cropland or directly to cultivated plants that may be used for human or livestock consumption. Occasional supplemental irrigation, rather than continuous irrigation, is assumed;

5. Livestock and wildlife protection (LWP)—Maintenance of conditions in waters to support health in livestock and wildlife;

6. Drinking water supply (DWS)—Maintenance of a raw water supply which will yield potable water after treatment by public water treatment facilities;

7. Industrial water supply (IND)—Water to support various industrial uses; since quality needs will vary by industry, no specific criteria are set in these standards;

8. Storm- and flood-water storage and attenuation (WSA)— Wetlands and other waters which serve as overflow and storage areas during flood or storm events slowly release water to downstream areas, thus lowering flood peaks and associated damage to life and property;

9. Habitat for resident and migratory wildlife species, including rare and endangered species (WHP)—Wetlands and other waters that provide essential breeding, nesting, feeding, and predator escape habitats for wildlife including waterfowl, birds, mammals, fish, amphibians, and reptiles;

10. Recreational, cultural, educational, scientific, and natural aesthetic values and uses (WRC)—Wetlands and other waters that serve as recreational sites for fishing, hunting, and observing wildlife; waters of historic or archaeological significance; waters which provide great diversity for nature observation, educational opportunities, and scientific study; and 11.

Hydrologic cycle maintenance (WHC)—Wetlands and other waters hydrologically connected to rivers and streams serve to maintain flow conditions during periods of drought.

Waters that are connected hydrologically to the groundwater system recharge groundwater supplies and assume an important local or regional role in maintaining groundwater levels.

(G) Early life stages of fish—The pre-hatch embryonic period, the post-hatch free embryo or yolk-sac fry, and the larval period during which the organism feeds. Juvenile fish, which are anatomically rather similar to adults, are not considered an early life stage.

(H) Ecoregion—Ecoregions denote areas of general similarity in ecosystems and in the type, quality, and quantity of environmental resources. They are designed to serve as a spatial framework for the research, assessment, management, and monitoring of ecosystems and ecosystem components.

By recognizing the spatial differences in the capacities and potentials of ecosystems, ecoregions stratify the environment by its probable response to disturbance (Bryce, Omernik, and Larsen, 1999).

(I) Epilimnion—Zone of atmospheric mixing in a thermostratified lake.

(J) Escherichia coli (E. coli)—A type of fecal coliform bacteria found in the intestines of animals and humans. The presence of E. coli in water is a strong indication of recent sewage or animal waste contamination. Sewage may contain many types of disease-causing organisms (pathogens).

(K) Eutrophication—The process by which a body of water becomes enriched in dissolved nutrients, such as nitrogen and phosphorus, that stimulate the excessive growth of algae and other plants. Eutrophication may be accelerated by human activities.

(L) Existing uses—Those uses actually attained in the water body on or after November 28, 1975, whether or not they are identified in the water quality standards.

(M) Hypolimnion—Zone beneath the zone of atmospheric mixing in a thermostratified lake.

(N) Lethal concentration (LC )—Concentration of a toxicant which would be expected to kill fifty percent (50%) of the individuals of the test species organisms in a test of specified length of time.

(O) Losing stream—A stream which distributes thirty percent (30%) or more of its flow during low flow conditions through na tural processes, such as through permeable geologic materials into a bedrock aquifer within two (2) miles flow dist anc e downstream of an existing or proposed discharge.

Flow measurements to determine percentage of water loss must be corrected to approximate the 7Q10 stream flow. If a stream bed or drainage way has an intermittent flow or a flow insufficient to measure in accordance with this rule, it may be determined to be a losing stream on the basis of channel de velopment, valley configuration, vegetation development, dye tracing studies , bedrock characteristics, geographical data, and other geological factors. Losing streams are identified in the digital geospatial dataset ‘LOSING_STREAM’ developed by the Missouri Department of Natural Resources, Missouri Geological Survey; additional streams may be determined to be losing by the Missouri Department of Natural Resources.

(P) Low-flow conditions—Where used in this regulation in the context of mixing zones, the low-flow conditions shall refer to the minimum amount of stream flow occurring immediately upstream of a wastewater discharge and available, in whole or in part, for attenuation of wastewater pollutants.

1. Seven- (7-) day, one- (1-) in-ten- (10-) year low flow (7Q10)— The lowest average flow for seven (7) consecutive days that has a probable recurrence interval of once-in-ten (10) years.

2. Sixty- (60-) day, one- (1-) in-two- (2-) year low flow (60Q2)—The lowest average flow for sixty (60) consecutive days that has a probable recurrence interval of once-in-two (2) years.

3. Thirty- (30-) day, one- (1-) in-ten- (10-) year low flow (30Q10)—The lowest average flow for thirty (30) consecutive days that has a probable recurrence interval of once-in-ten (10) years.

4. One- (1-) day, one- (1-) in-ten- (10-) year low flow (1Q10)— The lowest average flow for one (1) day that has a probable recurrence interval of once-in-ten (10) years.

(Q) Missouri Use Designation Dataset—A digital geospatial dataset maintained by the department and used in conjunction with geographic information systems. This dataset documents the class and locations of designated uses assigned the state’s rivers, streams, lakes, and reservoirs. The initial version of this dataset, 8-20-13 MUDD V1.0, was adopted on November 6, 2013, to reflect Tables G and H plus any additional presumptive uses described in section (2). The dataset will also include information regarding both pending and approved determinations, variances, use attainability analyses, and water quality standards revisions. The dataset uses the geospatial framework provided by the National Hydrography Dataset and is enhanced and supported by hydrological and physical information obtained through the Missouri Resource Assessment Partnership and other scientific sources. The dataset is limited in geographic extent to the state of Missouri. Current versions of the Missouri Use Designation Dataset are titled ‘STRM_CLS_ USE’ and ‘LAKE_CLS_USE’ dated December 30, 2020.

(R) Mixing zone—An area of dilution of effluent in the receiving water beyond which chronic toxicity criteria must be met.

(S)

National Hy drography Dataset (NHD)—A digital vector dataset used in conjunction with geographic information systems to describe the location of rivers, streams, lakes, reservoirs, and other surface water features. This dataset provides the geospatial framework for the Missouri Use Designation Dataset.

(T) Outstanding national resource waters—Waters which have outstanding national recreational and ecological significance. These waters shall receive special protection against any degradation in quality. Congressionally-designated rivers, including those in the Ozark national scenic riverways and the wild and scenic rivers system, are so designated (see Table D).

(U) Outstanding state resource waters—High quality waters with a significant aesthetic, recreational, or scientific value which are specifically designated as such by the Clean Water Commission (see Table E).

(V) Ozark streams—Streams lying within the Ozark faunal region as described in the Aquatic Community Classification System for Missouri, 1989, Aquatic Series No. 19, Missouri Department of Conservation, Jefferson City, MO 65109, which is hereby incorporated by reference and does not include any later amendments or additions. The department shall maintain a copy of the referenced documents and shall make them available to the public for inspection and copying at no more than the actual cost of reproduction.

(W) Reference lakes or reservoirs—Lakes or reservoirs determined by Missouri Department of Natural Resources to be the best available representatives of ecoregion waters in a natural condition with respect to habitat, water quality, biological integrity and diversity, watershed land use, and riparian conditions.

(X) Reference stream reaches—Stream reaches determined by the department to be the best available representatives of ecoregion waters in a natural condition, with respect to habitat, water quality, biological integrity and diversity, watershed land use, and riparian conditions.

(Y) Regulated-flow streams—A stream that derives a majority of its flow from an impounded area with a flow-regulating device.

(Z) Use Attainability Analysis (UAA)—A structured scientific assessment of the factors affecting the attainment of the use which may include physical, chemical, biological, and economic factors as described in 40 CFR 131.10(g).

(AA) Variance—A temporary modification to 10 CSR 20-7.031 that is deemed necessary in accordance with section (12) of this rule.

(BB) Water effect ratio—Appropriate measure of the toxicity of a material obtained in a site water divided by the same measure of the toxicity of the same material obtained simultaneously in a laboratory dilution water.

(CC) Water hardness—The total concentration of calcium and magnesium ions expressed as calcium carbonate. For purposes of this rule, hardness will be the median value of a representative number of samples from the water in question or from similar waters at the appropriate stream flow conditions within the same ecoregion.

(DD) Water quality criteria—Chemical, physical, and biological properties of water that are necessary to protect designated uses.

(EE) Waters of the state—As defined in section 644.016, RSMo.

(FF) Wetlands—Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. This definition is consistent with both the United States Army Corps of Engineers wetlands definition at 33 CFR 328.3(b) and the United States Environmental Protection Agency wetlands definition at 40 CFR 232.2(r).

(GG) Whole effluent toxicity tests—A toxicity test conducted under specified laboratory conditions on specific indicator organisms. To estimate chronic and acute toxicity of the effluent in its receiving stream, the effluent may be diluted to simulate the computed percent effluent at the edge of the mixing zone or zone of initial dilution.

(HH) Zone of initial dilution—A small area of initial mixing below an effluent outfall beyond which acute toxicity criteria must be met.

(II) Zone of passage—A continuous water route necessary to allow passage of organisms with no acutely toxic effects produced on their populations.

(JJ) Other definitions as set forth in the Missouri Clean Water Law and 10 CSR 20-2.010 shall apply to terms used in this rule.

(2) Designation of Uses.

(A) Rebuttable presumption. Consistent with the presumptive use protections described by 40 CFR Part 131 and section 101(a)(2) of the federal Clean Water Act, waters identified in paragraphs (2)(A)1. through (2)(A)4. of this rule shall be presumed to support the following designated uses: Aquatic habitat protection; Human health protection; Whole body contact recreation – Category B; and Secondary contact recreation, as defined in this rule. This presumption is rebuttable subject to demonstration based on use attainability analyses as described in subsection (2)(F) of this rule. Those waters are— 1. All perennial rivers and streams;

2. All streams with permanent pools;

3. All rivers and streams included within the 1:100,000 scale National Hydrography Dataset (NHD) enhanced and supported by hydrological and physical information obtained through the Missouri Resource Assessment Partnership and other scientific sources; and 4. All lakes and reservoirs that intersect the flow lines of rivers and streams identified in paragraph (2)(A)3. of this rule.

(B) Presumed Uses. All waters described in subsection (2)(A) shall also be assigned Livestock and wildlife protection and Irrigation designated uses, as defined in this rule.

(C) Other Uses. Use designations other than those mentioned in subsections (2)(A) and (2)(B) of this rule may be applied to waters identified in subsection (2)(A), Table G and Table H of this rule on a site-specific, case-by-case basis following approval by the Clean Water Commission and U.S. Environmental Protection Agency.

(D) Use Designation. Uses of waters shall be designated as follows:

1. Designated uses applied to individual water bodies or stream segments pursuant to subsections (2)(A) through (2)(C) of this rule shall include those identified in Tables G and H and in the Missouri Use Designation Dataset maintained by the department, except as described in paragraph (2)(D)3. of this rule;

2. Designated uses may be assigned on a case-by-case basis to water bodies or stream segments not otherwise represented in Tables G and H or in the Missouri Use Designation Dataset but falling within the jurisdiction of the Missouri Clean Water Law;

3. Assuming reasonable evidence, presumptive use protections described above shall not apply to water bodies without designated uses pursuant to Tables G or H prior to November 6, 2013, that meet one (1) of the following criteria:

A. Waste treatment systems, or prior converted cropland, which are excluded from the federal definition of “waters of the United States” under 40 CFR 122.2; or B. Man-made structures which were constructed solely to treat or convey wastewater; or C. Man-made bodies of water or structures which lack perennial flow and were constructed to treat, convey, or temporarily hold or slow stormwater following precipitation events (this may include certain structures associated with Best Management Practices such as sediment basins, wet and dry detention basins, bioretention basins, rain gardens, bioswales, etc.); or D. Water bodies that lack jurisdiction under either the federal Clean Water Act or Missouri Clean Water Law;

4. After receiving such evidence, the department shall make a written determination regarding the applicability of the above-described presumptions, and such determination shall be subject to appeal pursuant to section 621.250, RSMo.

(E) Missouri Use Designation Dataset. The department shall maintain the geospatial dataset described in subsection (1)

(P) of this rule. Future revisions to water quality standards in the State of Missouri shall be reflected in the Missouri Use Designation Dataset and shall take effect upon approval by the Clean Water Commission and U.S. Environmental Protection Agency.

(F) Use Attainability. Demonstrations of use attainability for the protection of fish, shellfish and wildlife, recreation in and on the water, or human health protection shall assess the physical, chemical, biological, economic or other factors affecting the attainment of a use pursuant to 40 CFR 131.10(g). Use attainability analyses intended for other designated uses shall be designed and implemented on a case-by-case basis.

In accordance with 40 CFR 131.10(j), the following potential actions must be preceded and supported by a use attainability analysis:

1. Designation of a water body for uses that do not include the protection of fish, shellfish and wildlife, recreation in and on the water, and human health protection;

2. Removal of one (1) or more of the uses identified in paragraph 1. of this section;

3. Application of any use sub-categories for the protection of fish, shellfish and wildlife, recreation in and on the water, or human health protection which require less stringent criteria; or 4. After receiving such demonstration, the department shall make a written determination regarding the use attainability analysis, and such determination shall be subject to appeal pursuant to section 621.250, RSMo.

(3)

Antidegr adation. The antidegradation policy shall provide three (3) levels of protection.

(A) Tier One. Public health, existing in-stream water uses, and a level of water quality necessary to protect existing uses shall be maintained and protected.

(B) Tier Two. For all waters of the state, if existing water quality is better than applicable water quality criteria established in these rules, that existing quality shall be fully maintained and protected. Water quality may be lowered only if the state finds, after full satisfaction of the intergovernmental coordination and public participation requirements, that the lowered water quality is necessary to allow important economic and social development in the geographical area in which the waters are located. In allowing the lowering of water quality, the state shall assure that there shall be achieved the highest statutory and regulatory requirements for all new and existing point sources and all cost-effective and reasonable best management practices for nonpoint source control before allowing any lowering of water quality. This provision allows a proposed new or modified point or nonpoint source of pollution to result in limited lowering of water quality provided that— 1. The source does not violate any of the general criteria set forth in section (4) of this rule, or any of the criteria for protection of designated uses set forth in section (5) of this rule;

2. The source meets all applicable technological effluent limitations and minimum standards of design for point sources or minimum pollution control practices for nonpoint sources;

3. The lowering of water quality, in the judgment of the department, is necessary for the accommodation of important economic and social development in the geographical vicinity of the discharge. In making a preliminary determination based on socioeconomic development considerations, the department may consider the potential for regional increases in utility rates, taxation levels, or recoverable costs associated with the production of goods or services that may result from the imposition of a strict no-degradation policy. Consideration may also be given to the possible indirect effects of a policy on per capita income and the level of employment in the geographical vicinity of the proposed pollution source. Any preliminary decision by the department to allow a limited lowering of water quality will be stated as such in a public notice issued pursuant to 10 CSR 20-6.010. Pursuant to that provision, a public hearing will be held in the geographical vicinity of the proposed pollution source, if the department determines there is significant public interest in and need for a hearing.

(C) Tier Three. There shall be no lowered water quality in outstanding national resource waters or outstanding state resource waters, as designated in Tables D and E.

(D) The three (3) levels of protection provided by the antidegradation policy in subsections (A) through (C) of this section shall be implemented according to procedures hereby incorporated by reference and known as the “Missouri Antidegradation

Rule and Implementation Procedure, July 13, 2016.” No later amendments or additions are included. This document shall be made available to anyone upon written request to the Department of Natural Resources, Water Protection Program, Water Pollution Control Branch, PO Box 176, Jefferson City, MO 65102-0176.

(4) General Criteria. The following water quality criteria shall be applicable to all waters of the state at all times including mixing zones. No water contaminant, by itself or in combination with other substances, shall prevent the waters of the state from meeting the following conditions:

(A) Waters shall be free from substances in sufficient amounts to cause the formation of putrescent, unsightly, or harmful bottom deposits or prevent full maintenance of designated uses;

(B) Waters shall be free from oil, scum, and floating debris in sufficient amounts to be unsightly or prevent full maintenance of designated uses;

(C) Waters shall be free from substances in sufficient amounts to cause unsightly color or turbidity, offensive odor, or prevent full maintenance of designated uses;

(D) Waters shall be free from substances or conditions in sufficient amounts to result in toxicity to human, animal, or aquatic life. However, acute toxicity criteria may be exceeded by permit in zones of initial dilution, and chronic toxicity criteria may be exceeded by permit in mixing zones;

(E) Waters shall maintain a level of water quality at their confluences to downstream waters that provides for the attainment and maintenance of the water quality standards of those downstream waters, including waters of another state;

(F) There shall be no significant human health hazard from incidental contact with the water;

(G) There shall be no acute toxicity to livestock or wildlife watering;

(H) Waters shall be free from physical, chemical, or hydrologic changes that would impair the natural biological community;

(I) Waters shall be free from used tires, car bodies, appliances, demolition debris, used vehicles or equipment, and solid waste as defined in Missouri’s Solid Waste Law, section 260.200, RSMo, except as the use of such materials is specifically permitted pursuant to sections 260.200–260.247, RSMo;

(J) Waters in mixing zones, ephemeral aquatic habitat and waters of the state lacking designated uses shall be subject to the following requirements:

1. The acute toxicity criteria of Tables A1, A2, and B1 and the requirements of subsection (5)(B); and 2. The following whole effluent toxicity conditions must be satisfied:

A. Single dilution method. The percent effluent at the edge of the zone of initial dilution will be computed and toxicity tests performed at this percent effluent. These tests must show statistically-insignificant mortality on the most sensitive of at least two (2) representative, diverse species; and B. Multiple dilution method. An LC will be derived from a series of test dilutions. The computed percent effluent at the edge of the zone of initial dilution must be less than threetenths (0.3) of the LC for the most sensitive of at least two (2) representative, diverse species.

(5) Specific Criteria. The specific criteria shall apply to waters contained in Tables G and H of this rule and the Missouri Use Designation Dataset. Protection of drinking water supply is limited to surface waters designated for raw drinking water supply and aquifers. Protection of whole body contact recreation is limited to waters designated for that use.

(A) The criteria in Tables A1, A2, B1, B2, and B3 shall apply to waters designated for the indicated uses given in the Missouri Use Designation Dataset and Tables G and H. These values are not to be exceeded more than once every three (3) years. Criteria in Tables A1, A2, B2, and B3 are chronic toxicity criteria, except those specifically identified as acute toxicity criteria. Table A1 values listed as health advisory levels shall be used in establishing discharge permit limits and management strategies until additional data becomes available to support alternative criteria, or other standards are established. Water contaminants shall not cause or contribute to concentrations in excess of the criteria values in Tables A1, A2, B1, B2, and B3.

However, exceptions may be granted in the following cases:

1. Permanent flow streams when the stream flow is less than 7Q10;

2. Regulated flow streams if the flow is less than the minimum release flow agreed upon by the regulating agencies;

3. For the natural and unavoidable chemical and physical changes that occur in the hypolimnion of lakes. Streams below impoundments shall meet applicable specific criteria;

4. For mixing zones.

A. The mixing zone shall be exempted from the chronic criteria requirements of this section for those components of waste that are rendered nontoxic by dilution, dissipation, or rapid chemical transformation. Acute numeric criteria of Tables A1, A2, and B1 and whole effluent acute toxicity requirements of subsection (4)(J) must be met at all times within the mixing zone, except within the zone of initial dilution. The following criteria do not apply to thermal mixing zones. Criteria for thermal mixing zones are listed in paragraph (5)(D)6.

B. The maximum size of mixing zones and zones of initial dilution will be determined as follows (the size may be refined by the use of mixing zone models, e.g. CORMIX, as appropriate):

(I) Streams with 7Q10 low flows of less than one-tenth cubic foot per second (0.1 cfs)— (a) Mixing zone—not allowed; and (b) Zone of initial dilution—not allowed;

(II) Streams with 7Q10 low flow of one-tenth to twenty cubic feet per second (0.1–20 cfs)— (a) Mixing zone—one-quarter (1/4) of the stream width, cross-sectional area, or volume of flow; length one-quarter (1/4) mile. If the discharger can document that rapid and complete mixing of the effluent occurs in the receiving stream, the mixing zone may be up to one-half (1/2) of the stream width, cross-sectional area, or volume of flow; and (b) Zone of initial dilution—one-tenth (0.1) of the mixing zone width, cross-sectional area, or volume of flow;

(III) Streams with 7Q10 low flow of greater than twenty cubic feet per second (20 cfs)— (a) Mixing zone—one-quarter (1/4) of stream width, cross-sectional area, or volume of flow; length of one-quarter (1/4) mile. If the discharger can document that rapid and complete mixing of the effluent occurs in the receiving stream, the mixing zone may be up to one-half (1/2) of the stream width, cross-sectional area, or volume of flow; and (b) Zone of initial dilution—one-tenth (0.1) of the mixing zone width, cross-sectional area, or volume of flow and no more than ten (10) times the effluent design flow volume unless the use of diffusers or specific mixing zone studies can justify more dilution; and (IV) Lakes— (a) Mixing zone—not to exceed one-quarter (1/4) of the lake width at the discharge point or one hundred feet (100’) from the discharge point, whichever is less; and (b) Zone of initial dilution—not allowed.

C. A mixing zone shall not overlap another mixing zone in a manner that the maintenance of aquatic life in the body of water in the overlapping area would be further adversely affected.

D. Other factors that may prohibit or further limit the size and location of mixing zones are the size of the river, the volume of discharge, the stream bank configuration, the mixing velocities, other hydrologic or physiographic characteristics, and the designated uses of the water, including type of aquatic life supported, potential effects on mouths of tributary streams, and proximity to water supply intakes.

E. Zones of passage must be provided wherever mixing zones are allowed.

F. Mixing zone and zone of initial dilution size limits will normally be based on streams at the 7Q10 low flow. However, this percent of stream size limits also applies at higher stream flows and discharge limitations may be based on higher stream flows if discharge volume or quality may be adjusted to correlate with stream flow; and 5. For wetlands. Water quality needs will vary depending on the individual characteristics of the wetland. Application of numeric criteria will depend on the specific aquatic life, wildlife, and vegetation requirements.

A. Specific criteria for wetlands shall be developed using scientific procedures including, but not limited to, those procedures described in the U.S. Environmental Protection Agency’s Water Quality Standards Handbook, Second Edition, August 1994 as published by the Office of Science and Technology, Office of Water, U.S. Environmental Protection Agency, Washington, DC 20460, which are hereby incorporated by reference and do not include any later amendments or additions. The department shall maintain a copy of the referenced documents and shall make them available to the public for inspection and copying at no more than the actual cost of reproduction.

B. Specific criteria shall protect all life stages of species associated with wetlands and prevent acute and chronic toxicity in all parts of the wetland.

C. Specific criteria shall include both chronic and acute concentrations to better reflect the different tolerances to the inherent variability between concentrations and toxicological characteristics of a condition.

D. Specific criteria shall be clearly identified as maximum “not to be exceeded” or average values, and if an average, the averaging period and the minimum number of samples. The conditions, if any, when the criteria apply shall be clearly stated (e.g., specific levels of hardness, pH, or water temperature). Specific sampling requirements (e.g., location, frequency), if any, shall also be identified.

E. The data, testing procedures, and application (safety) factors used to develop specific criteria shall reflect the nature of the condition (e.g., persistency, bioaccumulation potential) and the most sensitive species associated with the wetland.

F. Each specific criterion shall be promulgated in rule 10 CSR 20-7.031. The public notice shall include a description of the affected wetland and the reasons for applying the proposed criterion. A public hearing may be held in the geographical vicinity of the affected wetland. Any specific criterion promulgated under these provisions is subject to U.S. Environmental Protection Agency approval prior to becoming effective.

(B) Toxic Substances.

1. Water contaminants shall not cause the criteria in Tables A1, A2, B1, B2, and B3 to be exceeded. Concentrations of these substances in bottom sediments or waters shall not harm benthic organisms and shall not accumulate through the food chain in harmful concentrations, nor shall state and federal maximum fish tissue levels for fish consumption be exceeded.

More stringent criteria may be imposed if there is evidence of additive or synergistic effects. 2.

Metals cr iteria in Table A1 are expressed according to designated use as follows:

A. Aquatic life protection and human health protection— (I) Mercury—total recoverable metals; and (II) All other metals—dissolved metals;

B. Drinking water supply—total recoverable metals; and C. All other designated uses—total recoverable metals.

3. Other potentially toxic substances for which sufficient toxicity data are not available may not be released to waters of the state until safe levels are demonstrated through adequate bioassay studies.

4. Drinking water criteria, for substances which are rendered nontoxic by transformation processes in the surface water body, shall apply at water supply withdrawal points.

5. Site-specific alternative criteria for human health protection may be allowed. Designation of these site-specific criteria must follow procedures set forth in U.S. Environmental Protection Agency’s Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health, October 2000 (EPA-822-B-00-004), as published by the Office of Science and Technology, Office of Water, U.S. Environmental Protection Agency, Washington, DC 20460, which is hereby incorporated by reference and does not include any later amendments or additions. The department shall maintain a copy of the referenced document and shall make it available to the public for inspection and copying at no more than the actual cost of reproduction.

6. Metals criteria for which toxicity is hardness dependent are in equation format in Table A2.

7. Total ammonia nitrogen. For any given sample, the total ammonia nitrogen criteria shall be based on the pH and temperature of the water body measured at the time of each sample at the point of compliance.

A. The acute criteria shall not be exceeded at any time except in those waters for which the department has allowed a zone of initial dilution (ZID). The one- (1-) day Q low flow condition will be used in determining acute total ammonia nitrogen criteria.

B. The chronic criteria shall not be exceeded except in water segments for which the department has allowed a mixing zone (MZ). The chronic criteria shall be based on a thirty- (30-) day exposure period. Therefore, the thirty- (30-) day Q low flow condition of the receiving water body will be used in determining chronic total ammonia nitrogen criteria.

C. Without sufficient and reliable data, it is assumed that early life stages are present and must be protected at all times of the year.

(I) Sufficient and reliable data shall include, but are not limited to, seasonal studies on the fish species distributions, spawning periods, nursery periods, duration of sensitive life stages, and water body temperature. Best professional judgment from fishery biologists and other scientists will be considered as appropriate.

(II) The time frames during the year when early life stages are considered to be absent are those time periods when early life stages are present in numbers that, if chronic toxicity did occur, would not affect the long-term success of the populations.

(III) A source of information for determining the duration of early life stages is The American Society for Testing and Materials (ASTM) Standard E-1241, “Standard Guide for Conducting Early Life-Stage Toxicity Tests with Fishes.”

(IV) Protection of early life stages should include the most sensitive species that have used a water body for spawning and rearing since November 28, 1975.

(C) Bacteria. The protection of whole body contact recreation is limited to waters designated for that use. The recreational season is from April 1 to October 31. The E. coli count shall not exceed the criterion listed in Table A1 as a geometric mean during the recreational season in waters designated for whole body contact recreation. The E. coli count shall not exceed one hundred twenty-six (126) per one hundred milliliters (100 mL) at any time in losing streams. For waters designated for secondary contact recreation, the E. coli count shall not exceed one thousand one hundred thirty-four (1,134) per one hundred milliliters (100 mL) as a geometric mean during the recreational season.

(D) Temperature.

1. For warm water habitats beyond the mixing zone, water contaminant sources and physical alteration of the water course shall not raise or lower the temperature of a stream more than five degrees Fahrenheit (5 °F) or two and seven-ninths degrees Celsius (2 7/9 °C). Water contaminant sources shall not cause or contribute to stream temperature in excess of ninety degrees Fahrenheit (90 °F) or thirty-two and two-ninths degrees Celsius (32 2/9 °C). However, site-specific ambient temperature data and requirements of sensitive resident aquatic species will be considered, when data are available, to establish alternative maxima or deviations from ambient temperatures.

2. For cool water habitats beyond the mixing zone, water contaminant sources and physical alteration of the water course shall not raise or lower the temperature of a stream more than five degrees Fahrenheit (5 °F) or two and seven-ninths degrees Celsius (2 7/9 °C). Water contaminant sources shall not cause or contribute to stream temperature in excess of eighty-four degrees Fahrenheit (84 °F) or twenty-eight and eight-ninths degrees Celsius (28 8/9 °C).

3. For cold water habitats beyond the mixing zone, water contaminant sources and physical alteration of the water course shall not raise or lower the temperature of the water body more than two degrees Fahrenheit (2 °F) or one and oneninth degrees Celsius (1 1/9 °C). Water contaminant sources shall not cause or contribute to temperatures above sixty-eight degrees Fahrenheit (68 °F) or twenty degrees Celsius (20 °C).

4. Water contaminant sources shall not cause any measurable rise in the temperature of lakes. An increase is allowable for Lake Springfield, Thomas Hill Reservoir, and Montrose Lake; however, discharges from these lakes must comply with temperature limits for streams.

5. For the Mississippi River Zones 1A and 2, the water temperature outside the mixing zone shall not exceed the maximum limits indicated in the following list during more than one percent (1%) of the time in any calendar year. In Zone 1B, limits may not be exceeded more than five percent (5%) of the time in a calendar year. At no time shall the river water temperature outside of the thermal mixing zone exceed the listed limits by more than three degrees Fahrenheit (3 °F) or one and six-ninths degrees Celsius (1 6/9 °C).

A and B C (°F) (°C) (°F) (°C)

January 45 7 2/9 50 10 Febr uary 45 7 2/9 50 10 March 57 13 8/9 60 15 5/9 April 68 20 70 21 1/9 May 78 25 5/9 80 26 6/9 June 86 30 87 30 5/9 July 88 31 1/9 89 31 6/9 August 88 31 1/9 89 31 6/9 September 86 30 87 30 5/9 October 75 23 8/9 78 25 5/9 November 65 18 3/9 70 21 1/9 Dec ember 52 11 1/9 57 13 8/9 A = Zone 1A—D es Moines River to Lock and Dam No. 25.

B = Zone 1B—Lock and Dam No. 25 to Lock and Dam No. 26.

C = Zone 2—Lock and Dam No. 26 to the Missouri-Arkansas state line.

6. Thermal mixing zones shall be limited to twenty-five percent (25%) of the cross-sectional area or volume of a river, unless biological surveys performed in response to section 316(a) of the federal Clean Water Act (or equivalent) indicate no significant adverse impact on aquatic life. Thermal plume lengths and widths within rivers, and all plume dimensions within lakes, shall be determined on a case-by-case basis and shall be based on physical and biological surveys when appropriate.

(E) pH. Water contaminants shall not cause the pH concentration to be outside of the range of 6.5 to 9.0 standard pH units.

(F) Taste- and Odor-Producing Substances. Taste- and odor-producing substances shall be limited to concentrations in the streams or lakes that will not interfere with designated uses of the water. For those streams and lakes designated for drinking water supply use, the taste- and odor-producing substances shall be limited to concentrations that will not interfere with the production of potable water by reasonable water treatment processes.

(G) Turbidity and Color. Water contaminants shall not cause or contribute to turbidity or color that will cause substantial visible contrast with the natural appearance of the stream or lake or interfere with designated uses.

(H) Solids. Water contaminants shall not cause or contribute to solids in excess of a level that will interfere with designated uses. The stream or lake bottom shall be free of materials which will adversely alter the composition of the benthos, interfere with the spawning of fish or development of their eggs, or adversely change the physical or chemical nature of the bottom.

(I) Radioactive Materials. All streams and lakes shall conform to state and federal limits for radionuclides established for drinking water supply.

(J) Dissolved Oxygen. Water contaminants shall not cause the dissolved oxygen to be lower than the levels described in Table A1.

(K) Total Dissolved Gases. Operation of impoundments shall not cause the total dissolved gas concentrations to exceed one hundred ten percent (110%) of the saturation value for gases at the existing atmospheric and hydrostatic pressures.

(L) Chloride Plus Sulfate Limit for Protection of Aquatic Life.

The concentration of chloride plus sulfate shall not exceed one thousand milligrams per liter (1,000 mg/L). Table A1 includes additional chloride criteria.

(M) Carcinogenic Substances. Carcinogenic substances shall not exceed concentrations in water which correspond to the -6 cancer risk rate. This risk rate equates to one (1) additional cancer case in a population of one (1) million with lifetime exposure. Derivation of this concentration assumes average water and fish consumption amounts. Assumptions are two (2) liters of water and six and one-half (6.5) grams of fish consumed per day. Federally established final maximum contaminant levels for drinking water supply shall supersede drinking water supply criteria developed in this manner.

(N) Nutrients and Chlorophyll.

1. Definitions.

A. For the purposes of these criteria, all lakes and reservoirs shall be referred to as “lakes.”

B. Lake ecoregions—Due to differences in watershed topography, soils, and geology, nutrient criteria for lakes and reservoirs will be determined by the use of four (4) major ecoregions based upon dominant watershed ecoregion. These regions were delineated by grouping the ecological subsections described in Nigh and Schroeder, 2002, Atlas of Missouri Ecoregions, as follows:

(I) Plains: OP1—Scarped Osage Plains; OP2—Cherokee Plains; TP2—Deep Loess Hills; TP3—Loess Hills; TP4—Grand River Hills; TP5—Chariton River Hills; TP6—Claypan Till Plains;

TP7—Wyaconda River Dissected Till Plains; TP8—Mississippi River Hills;

(II) Ozark Border: MB2a—Crowley’s Ridge Loess Woodland/Forest Hills; OZ11—Prairie Ozark Border; OZ12—Outer Ozark Border; OZ13—Inner Ozark Border;

(III)

Ozark Highland: OZ1— Springfield Plain; OZ2— Springfield Plateau; OZ3—Elk River Hills; OZ4—White River Hills; OZ5—Central Plateau; OZ6—Osage River Hills; OZ7—Gasconade River Hills; OZ8—Meramec River Hills; OZ9—Current River Hills; OZ10—St. Francois Knobs and Basins; OZ14—Black River Ozark Border; and (IV) Big River Floodplain: MB1—Black River Alluvial Plain; MB2b—Crowley’s Ridge Footslopes and Alluvial Plains;

MB3—St. Francis River Alluvial Plain; MB4, OZ16, TP9—Mississippi River Alluvial Plain; OZ15, TP1—Missouri River Alluvial Plain.

C. Nutrient Criteria—Nutrient criteria represent the desired condition for a water body necessary to protect the designated uses assigned in rule.

(I) Lake Ecoregion Criteria—A decision framework that integrates causal and response parameters into one (1) water quality standard that accounts for uncertainty in linkages between causal and response parameters.

(a) Response Impairment Thresholds—Maximum ambient concentrations of chlorophyll-a (Chl-a) that are based on annual geometric means of samples collected May through September with an allowable exceedance frequency of one in three (1-in-3) years for lakes that have not been assigned site-specific criteria.

(b) Nutrient Screening Thresholds—Maximum ambient concentrations of total phosphorus (TP), total nitrogen (TN), and Chl-a that are based on the annual geometric mean of samples collected May through September. Nutrient screening thresholds represent causal and response parameter concentrations, above which an exceedance in any one year warrants further evaluation of Response Assessment Endpoints.

(c) Response Assessment Endpoints—Narrative and numeric biological response endpoints that link directly to designated use impairment.

(II) Lake Site-Specific Criteria—Maximum Ambient Concentrations of TP, TN, or Chl-a that are based on the geometric mean of a minimum of three (3) years of data and the characteristics of the water body.

2. This rule applies to all lakes that are waters of the state and have an area of at least ten (10) acres during normal pool condition. Big River Floodplain lakes shall not be subject to these criteria.

3. Response Impairment Thresholds are listed in Table L. Nutrient Screening Thresholds are listed in Table M. Lake Site-Specific Criteria for TP, TN, and Chl-a are listed in Table N. Additional lake site-specific criteria may be developed in accordance with subsection (5)(S) to account for the unique characteristics of the water body that affect trophic status, such as lake morphology, hydraulic residence time, temperature, internal nutrient cycling, or watershed contribution from multiple ecoregions.

4. All TP, TN, and Chl-a concentrations must be calculated as the geometric mean of a minimum of four (4) representative samples per year for one (1) year for purposes of comparison to lake ecoregion criteria thresholds. All samples must be collected from the lake surface, near the outflow of the lake, and during the period May 1 – September 30.

5. Lakes with water quality that exceed Response Impairment Thresholds or Lake Site-Specific Criteria identified in Tables L and N are to be deemed impaired for excess nutrients.

6. Lakes are to be deemed impaired for excess nutrients if any of the following Response Assessment Endpoints are documented to occur within the same year as an exceedances of Nutrient Screening Thresholds in Table M. The department shall collect information on Response Assessment Endpoints concurrently with collection of Nutrient Screening Threshold parameters. The department shall determine attainment of Nutrient Criteria during the biennial assessment of Missouri waters.

A.

Occurrence of eutrophication-related mortality or morbidity events for fish and other aquatic organisms;

B. Epilimnetic excursions from dissolved oxygen or pH criteria;

C. Cyanobacteria counts in excess of one hundred thousand (100,000) cells per milliliter (cells/mL);

D. Observed shifts in aquatic diversity attributed to eutrophication; and E. Excessive levels of mineral turbidity that consistently limit algal productivity during the period May 1 – September 30.

(O) All methods of sample collection, preservation, and analysis used in applying criteria in these standards shall be in accord with those prescribed in the latest edition of Standard Methods for the Examination of Water and Wastewater or other procedures approved by the Environmental Protection Agency and the Missouri Department of Natural Resources.

(P) Criteria to protect designated uses are based on current technical literature, especially the Environmental Protection Agency’s publication, Quality Criteria for Water, 1986. Criteria may be modified or expanded as additional information is developed or as needed to define narrative criteria for particular situations or locations.

(Q) WET Chronic Tests. Chronic WET tests performed at the percent effluent at the edge of the mixing zone shall not be toxic to the more sensitive of at least two (2) representative, diverse species. Pollutant attenuation processes such as volatilization and biodegradation which may occur within the allowable mixing zone will be considered in interpreting results.

(R) Biocriteria. The biological integrity of waters, as measured by lists or numeric indices of benthic invertebrates, fish, algae, or other appropriate biological indicators, shall not be significantly different from reference waters. Waters targeted for numeric biological criteria assessment must be contained within the Missouri Use Designation Dataset and shall be compared to reference waters of similar size, scale within the stream network, habitat type, and aquatic ecoregion type.

Reference water locations for some aquatic habitat types are listed in Table I.

(S) Site-Specific Criteria Development for the Protection and Propagation of Fish, Shellfish, and Wildlife. When water quality criteria in this regulation are either underprotective or overprotective of water quality due to factors influencing bioavailability, or nonanthropogenic conditions for a given water body segment, a petitioner may request site-specific criteria.

The petitioner must provide the department with sufficient documentation to show that the current criteria are not adequate and that the proposed site-specific criteria will protect all existing and/or potential uses of the water body.

1. Site-specific criteria may be appropriate where, but is not limited to, the examples given in subparagraphs A. or B. of this paragraph.

A. The resident aquatic species of the selected water body have a different degree of sensitivity to a specific pollutant as compared to those species in the data set used to calculate the national or state criteria as described in either of the following parts:

(I) Natural adaptive processes have enabled a viable, balanced aquatic community to exist in waters where natural (non-anthropogenic) background conditions exceed the criterion (e.g., resident species have evolved a genetically-based greater tolerance to high concentrations of a chemical); or (II) The composition of aquatic species in a water body is different from those used in deriving a criterion (e.g., most of the species considered among the most sensitive, such as salmonids or the cladoceran, Ceriodaphinia dubia, which were used in developing a criterion, are absent from a water body).

The physic al and/or chemical characteristics of the water body alter the biological availability and/or toxicity of the pollutant (e.g., pH, alkalinity, salinity, water temperature, hardness). Such an example is the Water Effect Ratio (WER) defined at (1)(BB) of this rule.

2. All petitioners seeking to develop site-specific criteria shall coordinate with the department early in the process.

This coordination will ensure the use of adequate, relevant, and quality data; proper analysis and testing; and defendable procedures.

A. The department will provide guidance for establishing site-specific water quality criteria using scientific procedures including, but not limited to, those procedures described in:

(I) U.S. Environmental Protection Agency’s Water Quality Standards Handbook, Second Edition, August 1994;

(II) U.S. Environmental Protection Agency’s Interim Guidance on Determination and Use of Water-Effect Ratios for Metals (EPA-823-B-94-001) and subsequent 1997 modifications;

(III) U.S. Environmental Protection Agency’s Streamlined Water-Effect Ratio Procedure for Discharges of Copper (EPA-822-R-01-005); and (IV) U.S. Environmental Protection Agency’s Aquatic Life Ambient Freshwater Quality Criteria – Copper 2007 Revision (EPA-822-R-07-001).

B. Site-specific criteria development for the Protection and Propagation of Fish, Shellfish, and Wildlife shall be performed using the guidance documents listed in parts (5)(S)2.A.(I)–(IV) as published by the Office of Science and Technology, Office of Water, U.S. Environmental Protection Agency, Washington, DC 20460, which are hereby incorporated by reference and do not include any later amendments or additions. The department shall maintain a copy of the referenced documents and shall make them available to the public for inspection and copying at no more than the actual cost of reproduction.

3. Site-specific criteria shall protect all life stages of resident species and prevent acute and chronic toxicity in all parts of a water body.

4. Site-specific criteria shall include both chronic and acute concentrations to better reflect the different tolerances of resident species to the inherent variability between concentrations and toxicological characteristics of a chemical.

5. Site-specific criteria shall be clearly identified as maximum “not to be exceeded” or average values, and if an average, the averaging period and the minimum number of samples. The conditions, if any, when the criteria apply shall be clearly stated (e.g., specific levels of hardness, pH, or water temperature). Specific sampling requirements (e.g., location, frequency), if any, shall also be identified. 6.

The dat a, testing procedures, and application (safety) factors used to develop site-specific criteria shall reflect the nature of the chemical (e.g., persistency, bioaccumulation potential, and avoidance or attraction responses in fish) and the most sensitive resident species of a water body.

7. The size of a site may be limited to a single water segment, single water subsegment, or may cover a whole watershed depending on the particular situation for which the specific criterion is developed. A group of water bodies may be considered one (1) site if their respective aquatic communities are similar in composition and have comparable water quality.

8. The department shall determine if a site-specific criterion is adequate and justifiable. The public notice shall include a description of the affected water body or water body segment and the reasons for applying the proposed criterion. If the department determines that there is significant public interest, a public hearing may be held in the geographical vicinity of the affected water body or water body segment. Any site-specific criterion promulgated under these provisions is subject to U.S.

Environmental Protection Agency approval prior to becoming effective for Clean Water Act purposes.

(6) Groundwater.

(A) Water contaminants shall not cause or contribute to exceedence of Table A1, groundwater limits in aquifers and caves. Table A1 values listed as health advisory levels shall be used in establishing management strategies and groundwater cleanup criteria, until additional data becomes available to support alternative criteria or other standards are established.

Substances not listed in Table A1 shall be limited so that drinking water, livestock watering, and irrigation uses are protected.

(B) When criteria for the protection of aquatic life or human health protection in Table A1 are more stringent than groundwater criteria, appropriate criteria for the protection of aquatic life or human health shall apply to waters in caves and to aquifers which contribute an important part of base flow of surface waters designated for aquatic life protection. Other substances not listed in Table A1 shall be limited in these aquifers and caves so that the aquatic life use is protected.

(C) Groundwater and other criteria shall apply in any part of the aquifer, including the point at which the pollutant enters the aquifer. A specific monitoring depth requirement for releases to aquifers is included in 10 CSR 20-7.015(7)(A).

(D) For aquifers in which contaminant concentrations exceed groundwater criteria or other protection criteria, and existing and potential uses are not impaired, alternative site-specific criteria may be allowed. To allow alternative criteria, the management authority must demonstrate that alternative criteria will not impair existing and potential uses. The demonstration must consider the factors and be subject to the review requirements of 10 CSR 20-7.015(7)(F).

(7) Metropolitan No-Discharge Streams. No water contaminant except uncontaminated cooling water, permitted stormwater discharges in compliance with permit conditions, and excess wet-weather bypass discharges not interfering with designated uses shall be discharged to the watersheds of streams listed in Table F. Existing interim discharges may be allowed until interceptors are available within two thousand feet (2,000’) or a distance deemed feasible by the departmen t, or unless construction of outfalls to alternative receiving waters not listed in Table F is deemed feasible by the department. Existing discharges include wastewater volumes up to the design capacity of existing permitted treatment facilities, including phased increases in design capacity approved by the department prior to the effective date of this rule. Additional facilities may be constructed to discharge to these waters only if they are intended to be interim facilities in accordance with a regional wastewater treatment plan approved by the department.

(8) Outstanding National Resource Waters. Under section (3), antidegradation section of this rule, new releases to outstanding national resource waters from any source are prohibited, and releases from allowed facilities are subject to special effluent limitations as required in 10 CSR 20-7.015(6). Table D contains a list of the outstanding national resource waters in Missouri.

(9) Outstanding State Resources Waters. The commission wishes to recognize certain high-quality waters that may require exceptionally stringent water-quality management requirements to assure conformance with the antidegradation policy. The degree of management requirements will be decided on an individual basis. To qualify for inclusion, all of the following criteria must be met. The waters listed in Table E must— (A) Have a high level of aesthetic or scientific value;

(B) Have an undeveloped watershed; and (C) Be located on or pass through lands which are state or federally owned, or which are leased or held in perpetual easement for conservation purposes by a state, federal, or private conservation agency or organization.

(10) Lake Taneycomo. The commission wishes to recognize the uniqueness of Lake Taneycomo with respect to its high water clarity, its importance as a trout fishery, and as the central natural resource in the rapidly developing Branson area and threats to the lake’s water quality imposed by development.

An especially stringent antidegradation policy will be observed in the development of effluent rules, discharge permits, and nonpoint-source management plans and permits to assure that the high visual quality and aquatic resources are maintained.

The use of the best treatment technology for point- and nonpoint-source discharges in the lake’s watershed between Table Rock Lake and Power Site Dam will be the guiding principle in establishing limitations.

(11) Compliance with Water Quality Based Limitations.

Compliance with new or revised National Pollutant Discharge Elimination System (NPDES) or Missouri operating permit limitations based on criteria in this rule shall be achieved in accordance with federal regulation at 40 CFR Part 122.47, “Schedules of Compliance,” May 15, 2000, as published by the Administration, Superintendent of Documents, Pittsburgh, PA 15250-7954, which is hereby incorporated by reference and does not include any later amendments or additions. The department shall maintain a copy of the referenced document and shall make it available to the public for inspection and copying at no more than the actual cost of reproduction.

(12) Water Quality Standards Variances. A permittee or an applicant for a National Pollutant Discharge Elimination System (NPDES) or Missouri state operating permit may apply for a temporary variance pursuant to section 644.061, RSMo. A variance from water quality standards shall comply with 40 CFR 131.14.

(A) Each variance shall be granted only after public notification and opportunity for public comment. Once any variance to water quality standards is granted, the department shall submit the variance, with an Attorney General Certification that the Clean Water Commission adopted the variance in accordance with state law, to the U.S. Environmental Protection Agency for approval.

(B) Individual variances may be granted using the terms, conditions, and procedures found in the “Missouri Multiple Discharger Variance Framework from the Water Quality Standards of Total Ammonia Nitrogen, CWC-MDV-1-17,” dated April 22, 2020, which is incorporated by reference and does not include any later amendments or additions. The department shall maintain a copy of the referenced documents and shall make them available to the public for inspection and copying at no more than the actual cost of reproduction.

(C) Variance terms and conditions, including facility name, permit number, receiving stream name, first classified water body ID, discharge location, highest attainable condition, effective permit date, and the variance expiration date will be incorporated into the Missouri Use Designation Dataset and Table J.

(13) Losing Streams.

(A) Losing stream determinations will usually be made upon the first application for discharge to a specific water or location within a watershed for a wastewater treatment facility, subdivision development, or animal waste management facility.

(B) Permits or other approvals for those applications will be processed in accordance with the determinations. Additional permits or approvals will be processed in accordance with the latest determination.

(C) For application purposes, any proposed facility within five (5) miles of a known losing stream segment should presume that facility’s receiving stream segment is also losing until and unless a specific geologic evaluation is made of that stream and concludes the stream segment is gaining.

(D) Existing facilities operating under a state operating permit and new facilities being constructed under a construction permit in proximity to stream segments subsequently determined to be losing will be allowed to continue in operation at permitted or approved effluent limits for a period of time lasting the design life of the facility (usually twenty (20) years from the original construction completion), provided the facility is in compliance with its effluent limits and remains in compliance with those limits, and if neither of the following conditions is present:

1. If the discharge from such a facility can be eliminated by connection to a locally available facility, the facility shall be connected within three (3) years of the losing stream determination. A local facility shall be considered available if that facility or an interceptor is within two thousand feet (2000') or a distance deemed feasible by the department; and 2. If the discharge from such a facility is shown to cause pollution of groundwater, the facility shall be upgraded to appropriate effluent standards within three (3) years. The department shall include appropriate groundwater monitoring requirements in permits for any such facilities so that pollution, should it occur, would be detected.

(E) Any additional permits or approvals for increased treatment plant design capacity will be processed in accordance with the newest losing stream determination. No additional permits or approvals for any facilities shall be construed as lengthening the time for compliance with losing stream effluent limitations as established in subsection (13)(D).

(14) Severance. If a section, subsection, paragraph, sentence, clause, phrase, or any part of this rule be declared unconstitutional or invalid for any reason, the remainder of this rule shall not be affected and shall remain in full force and effect.

(15) Effective Date. This rule becomes effective immediately upon adoption and compliance with the requirements of sub-

section 644.036.3., RSMo, of the Missouri Clean Water Law and

Chapter 536, RSMo.

Ta b l e A 1 - Criteria for Designated Uses and Health Advisory Levels Criteria for Designated Uses METALS (μg/L)

Aluminum (pH 6.5-9.0 SU) 7429905 750 Antimony 7440360 4,300 6 6 Arsenic 7440382 340 150 50 100 50 Barium 7440393 2,000 2,000 Beryllium 7440417 5 4 100 4 Boron 7440428 2,000 2,000 Cadmium 7440439 Table A2 Table A2 5 5 Chromium (III) 16065831 Table A2 Table A2 100 100 100 Chromium (VI) 18540299 16 11 Cobalt 7440484 1,000 1,000 Copper 7440508 Table A2 Table A2 1,300 500 1,300 Iron 7439896 1,000 300 Lead 7439921 Table A2 Table A2 15 15 Manganese 7439965 50 Mercury 7439976 1.4 0.77 2 2 Methylmercury 22967926 1.4 0.77 Nickel 7440020 Table A2 Table A2 100 100 Selenium 7782492 5 50 50 Silver 7440224 Table A2 50 50 Thallium 7440280 6.3 2 2 Zinc 7440666 Table A2 Table A2 5,000 5,000 OTHER INORGANIC SUBSTANCES (μg/L)

Alkalinity (minimum CaCO ) 20,000 Ammonia 7664417 Table B1 Tables B2 & B3 Asbestos (Fibers/L) 1332214 7,000,000 Chloride (mg/L) 16887006 860 230 250 Chloride + Sulfate 16887006 & 18785723 10 CSR 20- 7.031(5)(L)

Chlorine, Total Residual (Coldwater Aquatic Habitat) 7782505 Chlorine, Total Residual (Warmwater Aquatic Habitat) 7782505 19 11 Cyanide (amenable to chlorination) 57125 22 5.2 E. coli Bacteria (cfu/100 mL)

WBC-A: 126 WBC-B: 206 SCR: 1,134

10 CSR 20-7.031(5)(C)

Fluoride (mg/L) 4 4 4 Gases, Total Dissolved (percent saturation) 110% 110% Hydrogen Sulfide (unionized) 7783064 Nitrate 14797558 10,000 10,000 Oil and Grease (mg/L) 10 (Coldwater Aquatic Habitat) 7782447 6 (minimum)

(Coolwater Aquatic Habitat) 7782447 5 (minimum)

(Warmwater Aquatic Habitat) 7782447 5 (minimum) pH (SU) 10 CSR 20-7.031 (5)(E)

Solids Suspended and Turbidity 10 CSR 20- 7.031(5)

(G–H)

Sulfate (mg/L) 18785723 250 Temperature 10 CSR 20- 7.031(5)(D)

ORGANIC SUBSTANCES (μg/L)

Benzenes Benzene 71432 71 5 5 Chlorobenzene 108907 21,000 100 100 1,2-Dichlorobenzene (ortho- 95501 2,600 600 600 1,3-Dichlorobenzene (meta- 541731 2,600 600 600 1,4-Dichlorobenzene (para- 106467 2,600 75 75 1,2,4-Trichlorobenzene 120821 940 70 70 1,2,4,5-Tetrachlorobenzene 95943 2.9 2.3 2.3 Pentachlorobenzene 608935 4.1 3.5 3.5 Hexachlorobenzene 118741 0.00074 1 1 Ethylbenzene 100414 320 700 700 Nitrobenzene 98953 1,900 17 17 Styrene (Vinyl Benzene) 100425 100 100 Chlorinated Hydrocarbons 1,1-Dichloroethylene 75354 3.2 7 7 1,1,1-Trichloroethane 71556 200 200 1,1,2-Trichloroethane 79005 42 5 5 1,1,2,2-Tetrachloroethane 79345 11 0.17 0.17 1,2-Dichloroethane 107062 99 5 5 1,2-Dichloropropane 78875 39 0.52 0.52 1,3-Dichloropropene (Dichloropropene) 542756 1,700 87 87 Carbon Tetrachloride (Tetrachloromethane) 56235 5 5 5 cis-1,2-Dichloroethylene 156592 70 70 Hexachloroethane 67721 8.7 1.9 1.9 Tetrachloroethylene 127184 8.85 0.8 0.8 trans-1,2-Dichloroethylene 156605 140,000 100 100 Trichloroethylene 79016 80 5 5 Other Halogenated Hydrocarbons Chlorodibromomethane 124481 34 0.41 0.41 Dichlorobromomethane 75274 46 0.56 0.56 Dichlorodifluoromethane 75718 570,000 Ethylene Dibromide (1,2- Dibromoethane) 106934 0.05 0.05 Methyl Bromide (Bromomethane) 74839 4,000 48 48 Methyl Chloride (Chloromethane) 74873 470 5 5 Methylene Chloride (Dichloromethane) 75092 1,600 4.7 4.7 Total Trihalomethanes (TTHMs) 80 80 Tribromomethane (Bromoform) 75252 360 4.3 4.3 Trichlorofluoromethane 75694 860,000 Trichloromethane (Chloroform) 67663 470 5.7 5.7 Vinyl Chloride 75014 525 2 2 Ethers Bis-2-Chloroethyl Ether 111444 1.4 0.03 0.03 Bis-2-Chloroisopropyl Ether 108601 4,360 1,400 1,400 Bis-Chloromethyl Ether 542881 0.00078 0.00013 0.00013 Miscellaneous Organics 2,3,7,8-TCDD (Dioxin) 1746016 1.4E-08 1.3E-08 1.3E-08 Di (2-ethylhexyl) adipate 103231 400 400 Isophorone 78591 2,600 36 36 Polychlorinated Biphenyls (PCBs) 0.014 0.000045 0.00045 Tributylin (TBT) 0.46 0.072 Nitrogen Containing Compounds 1,2-Diphenylhydrazine 122667 0.54 0.04 0.04 3,3’-Dichlorobenzidine 91941 0.08 0.04 0.04 Acrylonitrile (2propenenitrile) 107131 0.65 0.058 0.058 Benzidine (4,4’diaminobiphenyl) 92875 0.00053 0.00012 0.00012 Nitrosamines N-Nitrosodimethylamine 62759 8 0.0007 0.0007 N-Nitrosodi-n-propylamine 621647 1.4 N-Nitrosodiphenylamine 86306 16 5 5 N-Nitrosopyrrolidine 930552 91.9 Polynuclear Aromatic Hydrocarbons (PAHs)

Acenaphthene 83329 2,700 1,200 1,200 Anthracene 120127 110,000 9,600 9,600 Benzo(a)anthracene 56553 0.049 0.0044 0.0044 Benzo(a)pyrene 50328 0.049 0.2 0.2 Benzo(b)fluoranthene 205992 0.049 0.0044 0.0044 Benzo(k)fluoranthene 207089 0.049 0.0044 0.0044 2-Chloronaphthalene 91587 4,300 Chrysene 218019 0.049 0.0044 0.0044 Dibenzo(a,h)anthracene 53703 0.049 0.0044 0.0044 Fluoranthene 206440 370 300 300 Fluorene 86737 14,000 1,300 1,300 Indeno(1,2,3-cd)pyrene 193395 0.049 0.0044 0.0044 Pyrene 129000 11,000 960 960 Phthalate Esters Bis (2-Ethylhexyl) Phthalate 117817 5.9 6 6 Butylbenzyl Phthalate 85687 5,200 3,000 3,000 Diethyl Phthalate 84662 120,000 23,000 23,000 Dimethyl Phthalate 131113 2,900,000 313,000 313,000 Di-n-Butyl Phthalate 84742 12,000 2,700 2,700 Phenolic Compounds 2-Chlorophenol 95578 400 0.1 0.1 2-Methyl-4,6-Dintrophenol 534521 765 13 13 2,4-Dichlorophenol 120832 7 790 93 93 2,4-Dimethylphenol 105679 2,300 540 540 2,4-Dinitrophenol 51285 14,000 70 70 2,4,5-Trichlorophenol 95954 9,800 2,600 2,600 2,4,6-Trichlorophenol 88062 6.5 2 2 Nonylphenol 84852153 28 6.6 Pentachlorophenol 87865 Table A2 Table A2 8 1 1 Phenol (Coldwater Aquatic Habitat) 108952 5,293 157 100 300 Phenol (Warmwater Aquatic Habitat) 108952 5,293 2,560 100 300 Toluenes 2,4-Dinitrotoluene 121142 9 0.11 0.04 Toluene 108883 200,000 1,000 1,000 Xylenes (Total) 1330207 10,000 10,000 PESTICIDES (μg/L) 1,2-Dibromo-3-chloropropane (DBCP) 96128 0.2 0.2 dichloroethane (DDD) 72548 0.00084 0.00083 0.00083 dichloroethylene (DDE) 72559 0.00059 0.00059 0.00059 trichloroethae (DDT) 50293 1.1 0.001 0.00059 0.00059 0.00059 Acrolein 107028 3 3 780 320 320 Alachlor 15972608 2 2 Aldrin 309002 3.0 0.000079 0.00013 0.00013 Atrazine 1912249 3 3 Carbaryl 63252 2.1 2.1 Carbofuran 1563662 40 40 Chlordane 57749 2.4 0.0043 0.00048 2 2 Chlorophenoxy Herbicide (2,4-D) 94757 70 70 Chlorophenoxy Herbicide (2,4,5-TP) 93721 50 50 Chlorpyrifos 2921882 0.083 0.041 Dalapon 75990 200 200 Demeton 8065483 0.1 Diazinon 333415 0.17 0.17 Dieldrin 60571 0.24 0.056 0.000076 0.00014 0.00014 Dinoseb 88857 7 7 Diquat 85007 20 20 alpha-Endosulfan (Endosulfan) 959988 0.22 0.056 beta-Endosulfan (Endosulfan) 33213659 0.22 0.056 Endothall 145733 100 100 Endrin 72208 0.086 0.036 0.0023 2 2 Endrin Aldehyde 7421934 0.0023 0.75 0.75 Glyphosate 1071836 700 700 Guthion 86500 0.01 Heptachlor 76448 0.52 0.0038 0.0002 0.4 0.4 Heptachlor Epoxide 1024573 0.52 0.0038 0.00011 0.2 0.2 Hexachlorobutadiene 87683 50 0.45 0.45 Hexachlorocyclopentadiene 77474 0.5 50 50 alpha-Hexachlorocyclohexane (alpha-BHC) 319846 0.0074 0.0022 0.0022 beta-Hexachlorocyclohexane (beta-BHC) 319857 0.0074 0.0022 0.0022 delta-Hexachlorocyclohexane (delta-BHC) 319868 0.0074 0.0022 0.0022 gamma-Hexachlorocyclohexane (gamma-BHC; Lindane) 58899 0.95 0.062 0.2 0.2 Malathion 121755 0.1 Methoxychlor 72435 0.03 40 40 Mirex 2385855 0.001 Oxamyl (Vydate) 23135220 200 200 Parathion 56382 0.065 0.013 Picloram 1918021 500 500 Simazine 122349 4 4 Toxaphene 8001352 0.73 0.0002 0.000073 3 3 Health Advisory Levels (μg/L) 1,1,1,2-Tetrachloroethane 630206 70 1,2,3-Trichloropropane 96184 40 1,3-Dinitrobenzene 99650 1 1,4-Dithiane 505293 80 2,4,5-T (2,4,5- Trichlorophenoxyacetic acid) 93765 70 2,4,6-Trinitrotoluene (Trinitrotoluene) 118967 2 Ametryn 834128 60 Baygon 114261 3 Bentazon 25057890 20 Bis-2-Chloroisopropyl Ether 108601 300 Bromacil 314409 90 Bromochloromethane 74975 90 Butylate 2008415 350 Carbaryl 63252 700 Carboxin 5234684 700 Chloramben 133904 100 ortho-Chlorotoluene 95498 100 para-Chlorotoluene 106434 100 Chlorpyrifos 2921882 20 DCPA (Dacthal) 1861321 4,000 4,000 Diazinon 333415 0.6 0.6 Dicamba 1918009 200 Diisopropyl methylphosphonate 1445756 600 Dimethyl methylphosphonate 756796 100 Diphenamid 957517 200 Diphenylamine 122394 200 Disulfoton 298044 0.3 0.3 Diuron 330541 10 Fenamiphos 22224926 2 Fluometron 2164172 90 Fonofos 944229 10 Hexazinone 51235042 200 Malathion 121755 200 Maleic hydrazide 123331 4,000 4,000 MCPA (2-Methyl-4- Chlorophenoxyacetic acid) 94746 10 Methyl Bromide (Bromomethane) 74839 10 Methyl Parathion 298000 2 Metolachlor 51218452 70 Metribuzin 21087649 100 Naphthalene 91203 20 Nitroguanidine 556887 700 para-Nitrophenol 100027 60 Paraquat 1910425 30 Pronamide 23950585 50 Propachlor 1918167 90 Propazine 139402 10 Propham 122429 100 Tebuthiuron 34014181 500 Terbacil 5902512 90 Terbufos 13071799 0.9 0.9 Trichlorofluoromethane 75694 2,000 2,000 Trifluralin 1582098 5 Trinitroglycerol 55630 5 Table A2 - Criteria for Aquatic Life Protection CAS # METALS (μg/L) - Hardness Dependent Cadmium 7440439 (1.0166*ln(Hardness) – 3.062490) * (1.136672 – (ln(Hardness)*0.041838))

(0.7977 * ln(Hardness)-3.909) * (1.101672-(ln(Hardness) * 0.041838))

Chromium (III) 16065831 (0.8190*ln(Hardness) + 3.725666) * 0.316 (0.8190*ln(Hardness) + 0.6848) * 0.860 Copper 7440508 (0.9422*ln(Hardness) – 1.700300) * 0.960 (0.8545*ln(Hardness) – 1.702) * 0.960 Lead 7439921 (1.273*ln(Hardness) − 1.460448) * (1.46203 − (ln(Hardness)*0.145712))

(1.273*ln(Hardness) − 4.704797) * (1.46203 − (ln(Hardness)*0.145712))

Nickel 7440020 (0.8460*ln(Hardness) + 2.255647) * 0.998 (0.8460*ln(Hardness) + 0.0584) * 0.997 Silver 7440224 Acute = e (1.72*ln(Hardness) − 6.588144) * 0.850 Zinc 7440666 (0.8473*ln(Hardness) + 0.884) * 0.98 (0.8473*ln(Hardness) + 0.884) * 0.98 OTHER POLLUTANTS (μg/L) – Equation Dependent Pentachlorophenol 87865 ((1.005 * (pH)) - 4.869)

((1.005 * (pH)) - 5.134 Table B1 - Acute Criteria for Total Ammonia Nitrogen (mg N/L) pH Cold-Water Fisheries (1)

Cool & Warm-Water Fisheries (2) 6.5 32.6 48.8 6.6 31.3 46.8 6.7 29.8 44.6 6.8 28.1 42.0 6.9 26.2 39.1 7.0 24.1 36.1 7.1 22.0 32.8 7.2 19.7 29.5 7.3 17.5 26.2 7.4 15.4 23.0 7.5 13.3 19.9 7.6 11.4 17.0 7.7 9.6 14.4 7.8 8.1 12.1 7.9 6.7 10.1 8.0 5.6 8.4 8.1 4.6 6.9 8.2 3.8 5.7 8.3 3.1 4.7 8.4 2.5 3.8 8.5 2.1 3.2 8.6 1.7 2.6 8.7 1.4 2.2 8.8 1.2 1.8 8.9 1.0 1.5 9.0 0.8 1.3 (1) Salmonids present: CMC = [(0.275 / (1+10 7.204-pH )] + [39.0 / (1+10 pH-7.204 )]

(2) Salmonids absent: CMC = [0.411 / (1+10 7.204-pH )] + [58.4 / (1+10 pH-7.204 )]

Table B2 - Chronic Criteria for Total Ammonia Nitrogen (mg N/L): Early Life Stage Absent (3)(4)

Temperature (°C) pH 0-7 8 9 10 11 12 13 14 15 16 18 20 22 24 26 28 30 6.5 10.8 10.1 9.5 8.9 8.3 7.8 7.3 6.8 6.4 6.0 5.3 4.6 4.1 3.6 3.1 2.8 2.4 6.6 10.7 9.9 9.3 8.7 8.2 7.7 7.2 6.7 6.3 5.9 5.2 4.6 4.0 3.5 3.1 2.7 2.4 6.7 10.5 9.8 9.2 8.6 8.0 7.5 7.1 6.6 6.2 5.8 5.1 4.5 3.9 3.5 3.0 2.7 2.3 6.8 10.2 9.5 8.9 8.4 7.9 7.4 6.9 6.5 6.1 5.7 5.0 4.4 3.8 3.4 3.0 2.6 2.3 6.9 9.9 9.3 8.7 8.1 7.6 7.2 6.7 6.3 5.9 5.5 4.8 4.3 3.7 3.3 2.9 2.5 2.2 7.0 9.6 9.0 8.4 7.9 7.4 6.9 6.5 6.1 5.7 5.3 4.7 4.1 3.6 3.2 2.8 2.4 2.1 7.1 9.2 8.6 8.0 7.5 7.1 6.6 6.2 5.8 5.4 5.1 4.5 3.9 3.5 3.0 2.7 2.3 2.0 7.2 8.7 8.2 7.6 7.2 6.7 6.3 5.9 5.5 5.2 4.9 4.3 3.7 3.3 2.9 2.5 2.2 1.9 7.3 8.2 7.7 7.2 6.7 6.3 5.9 5.6 5.2 4.9 4.6 4.0 3.5 3.1 2.7 2.4 2.1 1.8 7.4 7.6 7.2 6.7 6.3 5.9 5.5 5.2 4.8 4.5 4.3 3.7 3.3 2.9 2.5 2.2 1.9 1.7 7.5 7.0 6.6 6.2 5.8 5.4 5.1 4.8 4.5 4.2 3.9 3.4 3.0 2.6 2.3 2.0 1.8 1.6 7.6 6.4 6.0 5.6 5.3 5.0 4.6 4.3 4.1 3.8 3.6 3.1 2.7 2.4 2.1 1.9 1.6 1.4 7.7 5.8 5.4 5.1 4.7 4.4 4.2 3.9 3.7 3.4 3.2 2.8 2.5 2.2 1.9 1.7 1.5 1.3 7.8 5.1 4.8 4.5 4.2 4.0 3.7 3.5 3.2 3.0 2.8 2.5 2.2 1.9 1.7 1.5 1.3 1.1 7.9 4.5 4.2 3.9 3.7 3.5 3.2 3.1 2.8 2.7 2.5 2.2 1.9 1.7 1.5 1.3 1.1 1.0 8.0 3.9 3.7 3.4 3.2 3.0 2.8 2.6 2.5 2.3 2.2 1.9 1.7 1.5 1.3 1.1 1.0 0.8 8.1 3.4 3.1 2.9 2.8 2.6 2.4 2.3 2.1 2.0 1.9 1.6 1.4 1.2 1.1 1.0 0.8 0.7 8.2 2.9 2.7 2.5 2.4 2.2 2.1 1.9 1.8 1.7 1.6 1.4 1.2 1.1 0.9 0.8 0.7 0.6 8.3 2.4 2.3 2.1 2.0 1.9 1.7 1.6 1.5 1.4 1.3 1.2 1.0 0.9 0.8 0.7 0.6 0.5 8.4 2.0 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.1 1.0 0.9 0.7 0.7 0.6 0.5 0.4 8.5 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1 1.0 0.9 0.8 0.7 0.6 0.5 0.5 0.4 0.4 8.6 1.4 1.4 1.3 1.2 1.1 1.0 1.0 0.9 0.8 0.8 0.7 0.6 0.5 0.4 0.4 0.3 0.3 8.7 1.2 1.1 1.1 1.0 0.9 0.9 0.8 0.8 0.7 0.7 0.6 0.5 0.4 0.4 0.3 0.3 0.2 8.8 1.0 1.0 0.9 0.8 0.8 0.7 0.7 0.6 0.6 0.6 0.5 0.4 0.4 0.3 0.3 0.2 0.2 8.9 0.9 0.8 0.8 0.7 0.7 0.6 0.6 0.5 0.5 0.5 0.4 0.3 0.3 0.2 0.2 0.2 0.2 9.0 0.7 0.7 0.6 0.6 0.6 0.5 0.5 0.5 0.4 0.4 0.3 0.3 0.3 0.2 0.2 0.2 0.1 (3) Without sufficient and reliable data, it is assumed that Early Life Stages are present and must be protected at all times of the year.

(4) Early Life Stages absent CCC = [0.0577 / (1+10 7.688-pH )]+[2.487 / (1+10 pH-7.688 )] * 1.45 * 10 0.028 * (25-MAX( T, 7 ))

Table B3 - Chronic Criteria for Total Ammonia Nitrogen (mg N/L): Early Life Stages present (5)

Temperature (°C) pH 0 14 16 18 20 22 24 26 28 30 6.5 6.6 6.6 6.0 5.3 4.6 4.1 3.6 3.1 2.8 2.4 6.6 6.5 6.5 5.9 5.2 4.6 4.0 3.5 3.1 2.7 2.4 6.7 6.4 6.4 5.8 5.1 4.5 3.9 3.5 3.0 2.7 2.3 6.8 6.2 6.2 5.7 5.0 4.4 3.8 3.4 3.0 2.6 2.3 6.9 6.1 6.1 5.5 4.8 4.3 3.7 3.3 2.9 2.5 2.2 7.0 5.9 5.9 5.3 4.7 4.1 3.6 3.2 2.8 2.4 2.1 7.1 5.6 5.6 5.1 4.5 3.9 3.5 3.0 2.7 2.3 2.0 7.2 5.3 5.3 4.9 4.3 3.7 3.3 2.9 2.5 2.2 1.9 7.3 5.0 5.0 4.6 4.0 3.5 3.1 2.7 2.4 2.1 1.8 7.4 4.7 4.7 4.3 3.7 3.3 2.9 2.5 2.2 1.9 1.7 7.5 4.3 4.3 3.9 3.4 3.0 2.6 2.3 2.0 1.8 1.6 7.6 3.9 3.9 3.6 3.1 2.7 2.4 2.1 1.9 1.6 1.4 7.7 3.5 3.5 3.2 2.8 2.5 2.2 1.9 1.7 1.5 1.3 7.8 3.1 3.1 2.8 2.5 2.2 1.9 1.7 1.5 1.3 1.1 7.9 2.8 2.8 2.5 2.2 1.9 1.7 1.5 1.3 1.1 1.0 8.0 2.4 2.4 2.2 1.9 1.7 1.5 1.3 1.1 1.0 0.8 8.1 2.1 2.1 1.9 1.6 1.4 1.2 1.1 1.0 0.8 0.7 8.2 1.7 1.7 1.6 1.4 1.2 1.1 0.9 0.8 0.7 0.6 8.3 1.5 1.5 1.3 1.2 1.0 0.9 0.8 0.7 0.6 0.5 8.4 1.2 1.2 1.1 1.0 0.9 0.7 0.7 0.6 0.5 0.4 8.5 1.0 1.0 0.9 0.8 0.7 0.6 0.5 0.5 0.4 0.4 8.6 0.9 0.9 0.8 0.7 0.6 0.5 0.4 0.4 0.3 0.3 8.7 0.7 0.7 0.7 0.6 0.5 0.4 0.4 0.3 0.3 0.2 8.8 0.6 0.6 0.6 0.5 0.4 0.4 0.3 0.3 0.2 0.2 8.9 0.5 0.5 0.5 0.4 0.3 0.3 0.2 0.2 0.2 0.2 9.0 0.4 0.4 0.4 0.3 0.3 0.3 0.2 0.2 0.2 0.1 (5) Early Life Stages present: CCC = [0.0577 / (1+10 7.688-pH )]+[2.487 / (1+10 pH-7.688 )] * MIN(2.85, 1.45 * 10 0.028 * (25 - T) )

Table C - Waters Designated for Cold-Water Fishery Water Body Miles/Acres From To County(ies)

Barren Fork 2.0 Mouth 20,31N,4W Shannon Bee Creek 1.0 Mouth Hwy. 65 Taney Bender Creek 0.7 Mouth 10,31N,9W Texas Bennett Springs Creek 2.0 Mouth Bennett Springs Laclede Blue Springs Creek 4.0 Mouth 2,39N,3W Crawford Bryant Creek 1.0 3,23N,12W 34,24N,12W Ozark Bryant Creek 6.0 19,27N,14W 8,27N,15W Douglas Buffalo Creek 10.0 State line 5,23N,33W McDonald Bull Creek 5.0 Mouth 34,24N,21W Taney Bull Shoals Lake 9,000.0 21/34,20N,15W --- Ozark Capps Creek 4.0 Mouth 17,25N,28W Newton-Barry Cedar Creek 1.0 21,26N,32W 28,26N,32W Newton Center Creek 3.0 24,27N,29W 17,27N,28W Lawrence Chesapeake Creek 3.0 Mouth 29,28N,25W Lawrence Crane Creek 15.0 8,25N,23W 24,26N,25W Stone-Lawrence Current River 19.0 24,31N,6W Montauk Spring Shannon-Dent Dogwood Creek 2.3 Mouth State line Stone Dry Creek 4.0 Mouth 14,37N,3W Crawford Eleven Point River 33.5 State line 36,25N,4W Oregon Flat Creek 3.0 9,23N,27W 21,23N,27W Barry Goose Creek 4.0 Mouth 10,28N,25W Lawrence Greer Spring Branch 1.0 Mouth 36,25N,4W Oregon Hickory Creek 4.5 13,25N,31W 28,25N,31W Newton Hobbs Hollow 2.7 Mouth State line Stone Horse Creek 2.2 Mouth 23,35N,8W Dent Hunter Creek 5.0 22,26N,15W 20,26N,14W Douglas Hurricane Creek 1.5 Mouth 30,24N,12W Ozark Hurricane Creek 3.2 Mouth 22,25N,3W Oregon Indian Creek 1.4 Mouth 17,21N,23W Stone Indian Creek 20.0 Mouth 36,39N,01W Franklin-Washington Johnson Creek 3.0 Mouth 36,29N,26W Lawrence Joyce Creek 1.0 17,24N,28W 16,24N,28W Barry L. Flat Creek 3.5 Mouth 25,25N,27W Barry L. Piney Creek 15.0 25,37N,9W 4,35N,8W Phelps L. Piney Creek 4.0 04,35N,08W 21,35N,08W Phelps L. Sinking Creek 2.2 Mouth 33,32N,4W Dent Lake Taneycomo 1,730.0 8,23N,20W --- Taney Lyman Creek 1.0 Mouth 30,40N,3W Crawford Maramec Spring Branch 1.0 Mouth 1,37N,6W Phelps Meramec River 10.0 22,38N,5W Hwy. 8 Crawford Mill Creek 1.5 Mouth 11,40N,8W Maries Mill Creek 1.5 Mouth 9,36N,18W Dallas Mill Creek 5.0 29,37N,9W Yelton Spring Phelps N. Fork White River 23.0 09,22N,12W 34,25N,11W Ozark Niangua River 6.0 11,35N,18W Bennett Sp. Creek Dallas Roaring River 7.0 Mouth 34,22N,27W Barry Roark Creek 3.0 Mouth 36,23N,22W Taney Roubidoux Creek 4.0 Mouth 25,36N,12W Pulaski S. Indian Creek 9.0 24,24N,31W 1,23N,30W Newton Schafer Spring Creek 2.0 Mouth 20,32N,6W Dent Shoal Creek 1.0 Mouth 18,41N,17W Morgan Shoal Creek 7.0 09,25N,29W 16,22N,21W Newton Spring Branch 1.0 Mouth 18,41N,17W Morgan Spring Creek 5.0 Mouth 14,23N,11W Ozark Spring Creek 6.5 Mouth 31,35N,9W Phelps Spring Creek 2.5 Mouth 4,41N,2W Franklin Spring Creek 5.5 Mouth 12,26N,24W Stone Spring Creek 6.0 Mouth 06,24N,13W Douglas-Ozark Spring Creek 2.5 Mouth 26,25N,11W Douglas Spring Creek 4.0 Mouth 30,25N,4W Oregon Spring River 11.2 13,27N,27W 20,26N,26W Lawrence Stone Mill Spring Branch 0.2 Mouth Spring Pulaski Terrell Creek 2.0 Mouth 2,27N,23W Christian Tory Creek 2.5 Mouth 27,26N,22W Stone-Christian Turkey Creek 2.0 Mouth 16,22N,21W Taney Turkey Creek 1.0 Mouth 17,23N,15W Ozark Turnback Creek 14.0 35,30N,26W 24,28N,25W Dade-Lawrence Warm Fork Spring River 3.0 6,22N,5W 30,23N,5W Oregon Whittenburg Creek 2.5 Mouth Hwy. 8 Crawford Williams Creek 1.0 Mouth 28,28N,27W Lawrence Woods Fork Bull Creek 1.0 15,25N,21W 15,25N,21W Christian Yadkin Creek 3.0 Mouth 9,37N,4W Crawford Yankee Branch 1.0 Mouth 10,36N,4W Crawford Table C - Waters Designated for Cold-Water Fishery Water Body Miles/Acres From To County(ies)

Barren Fork 2.0 Mouth 20,31N,4W Shannon Bee Creek 1.0 Mouth Hwy. 65 Taney Bender Creek 0.7 Mouth 10,31N,9W Texas Bennett Springs Creek 2.0 Mouth Bennett Springs Laclede Blue Springs Creek 4.0 Mouth 2,39N,3W Crawford Bryant Creek 1.0 3,23N,12W 34,24N,12W Ozark Bryant Creek 6.0 19,27N,14W 8,27N,15W Douglas Buffalo Creek 10.0 State line 5,23N,33W McDonald Bull Creek 5.0 Mouth 34,24N,21W Taney Bull Shoals Lake 9,000.0 21/34,20N,15W --- Ozark Capps Creek 4.0 Mouth 17,25N,28W Newton-Barry Cedar Creek 1.0 21,26N,32W 28,26N,32W Newton Center Creek 3.0 24,27N,29W 17,27N,28W Lawrence Chesapeake Creek 3.0 Mouth 29,28N,25W Lawrence Crane Creek 15.0 8,25N,23W 24,26N,25W Stone-Lawrence Current River 19.0 24,31N,6W Montauk Spring Shannon-Dent Dogwood Creek 2.3 Mouth State line Stone Dry Creek 4.0 Mouth 14,37N,3W Crawford Eleven Point River 33.5 State line 36,25N,4W Oregon Flat Creek 3.0 9,23N,27W 21,23N,27W Barry Goose Creek 4.0 Mouth 10,28N,25W Lawrence Greer Spring Branch 1.0 Mouth 36,25N,4W Oregon Hickory Creek 4.5 13,25N,31W 28,25N,31W Newton Hobbs Hollow 2.7 Mouth State line Stone Horse Creek 2.2 Mouth 23,35N,8W Dent Hunter Creek 5.0 22,26N,15W 20,26N,14W Douglas Hurricane Creek 1.5 Mouth 30,24N,12W Ozark Hurricane Creek 3.2 Mouth 22,25N,3W Oregon Indian Creek 1.4 Mouth 17,21N,23W Stone Indian Creek 20.0 Mouth 36,39N,01W Franklin-Washington Johnson Creek 3.0 Mouth 36,29N,26W Lawrence Joyce Creek 1.0 17,24N,28W 16,24N,28W Barry L. Flat Creek 3.5 Mouth 25,25N,27W Barry L. Piney Creek 15.0 25,37N,9W 4,35N,8W Phelps L. Piney Creek 4.0 04,35N,08W 21,35N,08W Phelps L. Sinking Creek 2.2 Mouth 33,32N,4W Dent Lake Taneycomo 1,730.0 8,23N,20W --- Taney Lyman Creek 1.0 Mouth 30,40N,3W Crawford Maramec Spring Branch 1.0 Mouth 1,37N,6W Phelps Meramec River 10.0 22,38N,5W Hwy. 8 Crawford Mill Creek 1.5 Mouth 11,40N,8W Maries Mill Creek 1.5 Mouth 9,36N,18W Dallas Mill Creek 5.0 29,37N,9W Yelton Spring Phelps N. Fork White River 23.0 09,22N,12W 34,25N,11W Ozark Niangua River 6.0 11,35N,18W Bennett Sp. Creek Dallas Roaring River 7.0 Mouth 34,22N,27W Barry Roark Creek 3.0 Mouth 36,23N,22W Taney Roubidoux Creek 4.0 Mouth 25,36N,12W Pulaski S. Indian Creek 9.0 24,24N,31W 1,23N,30W Newton Schafer Spring Creek 2.0 Mouth 20,32N,6W Dent Shoal Creek 1.0 Mouth 18,41N,17W Morgan Shoal Creek 7.0 09,25N,29W 16,22N,21W Newton Spring Branch 1.0 Mouth 18,41N,17W Morgan Spring Creek 5.0 Mouth 14,23N,11W Ozark Spring Creek 6.5 Mouth 31,35N,9W Phelps Spring Creek 2.5 Mouth 4,41N,2W Franklin Spring Creek 5.5 Mouth 12,26N,24W Stone Spring Creek 6.0 Mouth 06,24N,13W Douglas-Ozark Spring Creek 2.5 Mouth 26,25N,11W Douglas Table D - Outstanding National Resource Waters Water Body Location County(ies)

Current River Headwaters to Northern Ripley Co. Line Dent to Ripley Sec. 22,32N,07W to Sec. 15,25N,01E Jacks Fork River Headwaters to Mouth Texas to Shannon Sec. 29,28N,07W to Sec. 9/15,29N,03W Eleven Point River Headwaters to Hwy. 142 Oregon Sec. 32,25N,05W to Sec. 21,22N,02W Table E - Outstanding State Resource Waters Water Body Miles/Acres Location County(ies)

Baker Branch 4mi. Taberville Prairie St. Clair Bass Creek 1 mi. in Three Creek Conservation Area Boone Big Buffalo Creek 1.5 mi. Big Buffalo Creek Conservation Area Benton/Morgan Big Creek 5.3 mi. Sam A. Baker State Park Wayne Big Sugar Creek 7 mi. Cuivre River State Park Lincoln Big Lake Marsh 150 ac. Big Lake State Park Holt Blue Springs Creek 4 mi. Blue Spring Creek Conservation Area Crawford Bonne Femme Creek 2 mi. Three Creeks Conservation Area Boone Brush Creek 0.7 mi. Bonanza Conservation Area Caldwell Bryant Creek 1.5 mi. Bryant Creek Natural Area in ConRippee Conservation Area Ozark/Douglas Bull Creek 8 mi. Mark Twain National Forest Sec. 24,25N,21W to Sec. 22,26N,20W Christian Cathedral Cave Branch 5 mi. Onondaga Cave State Park Crawford Chariton River 9.8 mi. Rebels Cove Conservation Area Putnam/Schuyler Chloe Lowry Marsh 40 ac. Chloe Lowry Marsh Conservation Area Mercer Coakley Hollow 1.5 mi. Lake of the Ozarks State Park Camden Coonville Creek 2 mi. St. Francois State Park St. Francois Courtois Creek 12 mi. Mouth to Hwy. 8 Crawford Crabapple Creek 1.0 mi. Bonanza Conservation Area Caldwell Devils Ice Box Cave Branch 1.5 mi. Rock Bridge State Park Boone East Fork Black River 3 mi. Johnson’s Shut-Ins State Park Reynolds First Nicholson Creek (East Drywood Creek) 2 mi. Prairie State Park Barton Gan’s Creek 3 mi. Rock Bridge State Park Boone Huzzah Creek 6 mi. Mouth to Hwy. 8 Crawford Indian Creek 17.5 mi. Mark Twain National Forest Douglas/Howell Ketchum Hollow 1.5 mi. Roaring River State Park Barry Little Piney Creek 25 mi. Mouth to 21,35N,08W Phelps Little Black River 3 mi. Mud Puppy Natural History Area S22,T24N,R3E to S25,T24N,R3E Ripley Log Creek 0.4 mi. Bonanza Conservation Area Caldwel Meramec River 8 mi. Adjacent to Meramac State Park Crawford/Franklin Meramec River 3 mi. Adjacent to Onondaga and Huzzah State Forest Crawford Mill Creek 5 mi. Mark Twain National Forest Phelps N. Fork White River 5.5 mi. Mark Twain National Forest Ozark Noblett Creek 5 mi. Above Noblett Lake, Mark Twain National Forest Douglas-Howell Onondaga Cave Branch 0.6 mi. Onondaga Cave State Park Crawford Pickle Creek 3 mi. Hawn State Park Ste. Genevieve S. Prong L. Black River 2 mi. In Little Black Conservation Area Ripley Shoal Creek 0.5 mi. Bonanza Conservation Area Caldwell Spring Creek 17 mi. Mark Twain National Forest Douglas Spring Creek 6.5 mi. Mark Twain National Forest Phelps Taum Sauk Creek 5.5 mi. Johnson’s Shut-Ins State Park Addition S23,T33N,R2E to S5,T33N,R3E Reynolds-Iron Turkey Creek 4.6 mi. In Three Creeks Conservation Area Boone Van Meter Marsh 80 ac. Van Meter State Park Saline Whetstone Creek 5.1 mi. Whetsone Creek Conservation Area Callaway Table F - Metropolitan No-Discharge Streams Stream Location St. Louis Area Gravois Creek Entire length Creve Coeur Creek Creve Coeur Lake and stream above lake Fee Fee Creek Entire length Coldwater Creek Entire length Dardeene Creek Route DD—I-70 Highway—St. Charles County Belleau Creek Headwaters—0.1 mi. west of east edge of S22,T47N,R3E Fishpot Creek Entire length Grand Glaize Creek Entire length Kansas City Area Indian Creek Kansas state line to confluence with Blue River Blue River Kansas state line to 59th Street, Kansas City Blue River (except combined sewer overflow from Brush Creek) 59th Street to Guinotte Dam Little Blue River Entire Length Springfield Area Pearson Creek Entire Length CLASS ACRES LOCATION COUNTY(IES) LW P WWH CDH DWS IND WATER BODY Table G-Lake Classifications and Use Designations NOTE: Fishing, Swimming and livestock watering may not be allowed in some lakes by the local management authorities. The use designations refer only to the protection of water quality for those potential uses.

SCR WBC

Adrian Reservoir 45.0 03,41N,31W Bates X X X X Agate Lake 210.7 13,60N,06W Lewis X X X Alpine Lake 233.0 13,46N,2W Warren X X X Amarugia Lake 39.0 10/11,43N,32W Cass X X X Anderson's Whippoorwill Farm Lake 30.0 SW SE 28,28N,11E Stoddard X X X Anthonies Mill Lake 91.0 SW SW 19,39N,01W Washington X X X Antimi Lake 2.0 NE NE 3,48N,12W Boone X X X Apollo Lake 15.0 21,36N,05E St. Francois X X X Appleton City Lake 35.0 12,39N,29W Bates X X X X Archie Lakes 7.3 SESE28,43N,31W Cass X X X X Armstrong Lake 8.0 NE NE 28,52N,16W Howard X X X X Arno Kreter Lake 5.0 27,41N,5W Gasconade X X X Athens State Park Lake 8.0 30,67N,07W Clark X X X Atkinson Lake 434.0 6,37N,28W St. Clair X X X Atlanta City Lake 17.0 SE SW29,59N,14W Macon X X X X August A Busch Lake Number 34 34.0 Landgrant01669 St. Charles X X X August A Busch Lake Number 35 51.0 Landgrant01669 St. Charles X X X August A Busch Lake Number 37 30.0 27,46N,2E St. Charles X X X Austin Community Lake 21.0 30,29N,11W Texas X X X Autumn Lake 4.0 21,40N,16W Camden X X X Baha Trail Lake 16.0 05,39N,01E Washington X X X Baring Country Club Lake 85.0 26,63N,12W Knox X X X X Bass Lake 29.0 13,47N,08W Callaway X X X Bean Lake 420.0 12,13,14,23, 24, 54N,37W Platte X X X Bear Creek Watershed Structure F-1 27.0 6,63N,9W Clark X X X Bear Creek Watershed Structure X-5 34.0 15,64N,10W Scotland X X X Beaver Lake 14.0 22,25N,04E Butler X X X Bee Run Lake Number One 5.0 26,38N,4E St. Francois X X X Bee Run Lake Number Three 6.0 24,38N,4E St. Francois X X X Bee Run Lake Number Two 4.0 23,38N,4E St. Francois X X X Bee Tree Lake 10.0 03,42N,06E St. Louis X X X Belcher Branch Lake 42.0 08/17,55N,34W Buchanan X X X Belle City Lake 6.0 20,41N,07W Maries X X X Belleview Lake 105.0 16,61N,9W Lewis X X X X Ben Branch Lake 37.0 15/14,44N,08W Osage X X X Bennitt Lake 47.0 2,51N,14W Howard X X X Berndt Lake 21.0 NE SW30,66N,23W Mercer X X X X Bevier Lake 5.0 S SE,14,57N,15W Macon X X X Big Buffalo C.A. Lakes 7.9 2,12,41N,20W Benton X X X Big Lake 666.0 18&19,30,61N,39W Holt X X X Big Lake 25.0 6,48N,7W Callaway X X X Big Oak Tree S.P. Lake 33.0 14,23N,16E Mississippi X X X Big Soldier Lake 5.0 36,50N,19W Saline X X X Bilby Ranch Lake 95.0 13/24,64N,38W Nodaway X X X Binder Lake 127.0 SW SE36,45N,13W Cole X X X Blind Pony Lake 96.0 NW SE18,49N,22W Saline X X X Bloodland Lake (Ft. Wood) 38.1 04,34N,11W Pulaski X X X Blue Mountain Lake 14.0 NW SE,09,33N,5E Madison X X X X Blue Springs Lake 642.0 33 ,49N,31W Jackson X X X Blues Pond 10.0 09,37N,08W Phelps X X X Bluestem Lake 13.0 22,47N,31W Jackson X X X Bo Co Mo Lake 140.0 NW NE10,49N,13W Boone X X X Bodarc Lake 13.0 23,47N,31W Jackson X X X Boggs Lake 32.0 21-28,44N,05WGasconade X X X Bonne Aqua Lake 6.0 SE NE 26,38N,04E St. Francois X X X Bonne Terre City Lake 10.0 SUR 467,37N,04E St. Francois X X X Bowling Green Reservoir 41.0 W NW29,53N,02W Pike X X X X Brays Lake 162.0 NE NW35,37N,08W Phelps X X X Breckenridge Lake 13.0 NE SW3,57N,26W Caldwell X X X X Brookfield Lake SE SE33,58N,19W Linn Browning Lake 22,25,26,27,3N,22E Buchanan Bucklin Lake 11,57N,18W Linn Buffalo Bill Lake 28,58N,31W DeKalb Buffalo Lake 9,48N,7W Callaway Bull Shoals Lake 9,000.0 21/34,20N,15W Ozark X X Burlington Lake 21.0 34,57N,30W Clinton X X X Bushwacker Lake 148.0 26,34N,32W Vernon X X X Butler Lake 71.0 NW NE14,40N,32W Bates X X X X Butterfly Lake 65.0 NW NE34,36N,07E Ste. Genevieve X X X C and A Lake 39.0 25,51N,09W Audrain X X X Callaway Lake 135.0 06,45N,02E St. Charles X X X Cameron Lake #1 25.0 SW SW10,57N,30W DeKalb X X X X Cameron Lake #2 31.0 SW SW10,57N,30W DeKalb X X X X Cameron Lake #3 92.0 NW NE09,57N,30W DeKalb X X X X Cameron Lake #4 (Grindstone Reservoir) 173.0 NE NW 08,57N,30W DeKalb X X X X Camp Solidarity Lake 10.0 24,43N,02E Franklin X X X Carrollton Recreation Lake 61.0 SE NW07,52N,23W Carroll X X X Catclaw Lake 42.0 14,47N,31W Jackson X X X Cattail Lake 4.0 5,46N,15W Cooper X X X Cedar Hill Lake Number 1 Cedar Hill Lake Number 2 Cedar Hill Lake Number 3 Cedar Lake 21.0 35,48N,13W Boone Cedar Lake SE SE 21,37N,05E St. Francois Charity Lake 9.0 NW SE 1,65N,41W Atchison X X X Chaumiere Lake 3.0 6,50N,32W Clay X X X Church Lake 3.0 4,46N,15W Moniteau X X X City Lake Harrisonville 28.0 34,45N,31W Cass X X X X Clarence Cannon Memorial Structure Number 4 9.0 Landgrant01743 Lincoln X X X Clarence Cannon Memorial Watershed Structure Number 1 Reservoir 23.0 28,51N,1E Lincoln X X X Clarence Cannon Memorial Watershed Structure Number 15 20.0 Landgrant01819 Lincoln X X X Clarence Lake #2 31.0 15,57N,12W Shelby X X X X Clear Fork Lake 16.0 30,46N,24W Johnson X X X Clear Lake 13.0 36 39N,4E Jefferson X X X Clearwater Lake 1,635.0 6,28N,3E Wayne X X X Cleveland Reservoir 10.0 29,45N,33W Cass X X X X Clover Dell Park Lake 10.0 13,45N,22W Pettis X X X Cloverleaf Farm Lake 50.0 19,47N,1E St. Charles X X X Cole Lake 40.0 SE10,38N,04E Jefferson X X X Cool Valley Lake 19.0 9,40N,2E Franklin Cooley Lake 380.0 02,03,11, 51N,30W Clay Coot Lake 22,47N,31W Jackson Cosmo-Bethel Lake NW36,48N,13W Boone Cottontail Lake 22.0 14,47N,31W Jackson Council Bluff Lake 423.0 23,35N,01E Iron X X X Crane Lake 109.0 W33,32N,04E Iron X X X Creighton Lake 18.0 NW SE,14,43N,29W Cass X X X X Crescent Lake 8.0 NE 02,41N,01W Franklin X X X Creve Coeur Lake 327.0 20,46N,05E St. Louis X X X Crowder St. Park Lake 12,61N,25W Grundy Crystal Lake 122.0 NW SW32,53N,29W Ray Cut-Off Lake 148.5 01,12,57N,36W Buchanan Cut-Off Lake 674.0 26,27,34,35,53N,19W Chariton D C Rogers Lake 195.0 NW NW10,50N,16W Howard Dairy Farm Lake Number 1 14.0 Landgrant02835 Boone X X X Daniel Boone Lake 288.0 32,58N,12W Shelby X X X Davis Lake 44.0 NE NW15,50N,16W Howard X X X Dearborn Reservoir 7.0 31,55N,34W Buchanan X X X X Deer Ridge Community Lake 45.0 18,62N,8W Lewis X X X Deer Run Lake 31.0 19,34N,7E Madison X X X Delaney Lake 100.0 30,27N,16E Mississippi X X X Dexter City Lake 11.0 22,25N,10E Stoddard X X X Downing Reservoir 22.0 17,66N,13W Schuyler X X X X Drexel City Reservoir South 51.0 7,42N,33W Bates X X X X Drexel Lake 28.0 6, 42N,33W Bates X X X X Duck Creek 1,730.0 31,28N,09E; 5, 27N, 9E Wayne X X X Eagle Sky Lake 62.0 NW NW35,30N,04E Wayne X X X X Eagleville Lake 40.0 33,66N,27W Harrison X X X X East Arrowhead Lake 55.0 SE SE18,23N,08W Howell X X Edina Lake 07,62N,11W Knox Edina Reservoir 51.0 12,62N,11W Knox Edwin A Pape Lake 272.5 20,48N,24W Lafayette Ella Ewing Community Lake 21,64N,10W Scotland Elmwood City Lake 197.0 NW 35,63N,20W Sullivan X X X X X Elsie Lake 17.0 30,37N,02E Washington X X X Ethel Lake 23.0 NE NW36,59N,17W Macon X X X X Ewing Lake 38.0 6,60N,7W Lewis X X X X Fawn Lake 26.0 13,43N,02W Franklin X X X Fellows Lake 800.0 NW NE22,30N,21W Greene X X X X Finger Lakes 118.0 19,30,31,50N,12W,24,25,36,5 0N13W Boone X X X Flat Rock Lake 18.0 31,41N,3E Jefferson X X X Flight Lake 100.0 26,36N,32W Vernon X X X Fon-Du-Lac Reservoir 24.0 Landgrant01331 Jefferson X X X Forest Lake 580.0 SE SW14,62N,16W Adair X X X X Fountain Grove Lakes 1,366.3 35,57N,22W Linn X X X Fourche Lake 49.0 22,23N,1W Ripley X X X Fox Valley Lake 105.0 27,66N,8W Clark X X X Foxboro Lake 22.0 14,42N,4W Franklin X X X Foxtail Lake 3.0 4,46N,1W Warren X X X Fredricktown City Lake 80.0 06,33N,07E Madison Freeman Lake SW SW18,44N,32W Cass Frisco Lake SE SE 02,37N,08W Phelps Garden City Lake 26.0 31,44N,29W Cass Garden City New Lake NW18,43N,29W Cass Gerald City Lake 5.0 12,42N,4W Franklin X X X Glover Spring Lake 23.0 13,47N,09W Callaway X X X Goff Spring Lake 13.0 23,38N,4E St. Francois X X X Golden Eagle Lake 105.0 SE SW16,48N,04W Montgomery X X X Goose Creek Lake 316.0 25,38N.,6E Ste. Genevieve X X X Gopher Lake 38.0 23,47N,31W Jackson X X X Gower Lake 11.0 10,55N,33W Clinton X X X X Green City Lake 57.0 SE NE16,63N,18W Sullivan X X X X Green City Lake (Old) 60.0 SE18,63N,18W Sullivan X X X X Hager Lake 9.0 SUR 2969,35N,05E St. Francois X X X Hamilton Lake 80.0 SW SW15,57N,28W Caldwell X X X X Happy Holler Lake 68.0 8,60N,34W Andrew X X X Harmony Mission Lake 96.0 15,38N,32W Bates X X X Harper Lake 26.0 16,45N,32W Cass X X X Harrison County Lake 280.0 17/30,65N,28W Harrison X X X X Harrisonville City Lake 419.0 SW SW26,46N,31W Cass Harry S Truman Reservoir 55,600.0 7,40N,22W Benton Hazel Creek Lake 518.0 1,63N,16W Adair Hazel Hill Lake 62.0 27,47N,26W Johnson Helvey Park Lake 11.0 26,53N,33W Clay Hemitite Lake 215.0 19,35N,4E St. Francois X X X Henke Lake 22.0 20,46N,9W Callaway X X X Henry Sever Lake 153.0 14,60N,10W Knox X X X Hermit Hollow Lake 8.0 29,44N,02E Franklin X X X Hi Point Lake 3.0 24,39N,01E Washington X X X Higbee Lake 13.0 SE SW09,52N,14W Randolph X X X X Higginsville Reservoir (North) 47.0 NE SW04,49N,25W Lafayette X X X X Higginsville Reservoir (South) 147.1 SW NE09,49N,25W Lafayette X X X X Holden City Lake 290.2 29,46N,28W Johnson X X X X Holden Lake 11.0 12,45N,28W Johnson X X X Holden Lake 11.0 07,45N,27W Johnson X X X Holiday Acres Lake 206.1 SE SW17,55N,14W Randolph X X X Horseshoe Lake 56.0 15,56N,36W Buchanan X X X Horseshoe Lake 5.0 8,48N,7W Callaway X X X Hough Park Lake 10.0 19,44N,11W Cole X X X Houston Lake 16.0 NW 33,51N,33W Platte Howell Mill Lakes 97.0 17,36N,01E Washington Hunnewell Lake 228.0 NW SW25,57N,09W Shelby Hurdland Severs Lake 1,61N,13W Knox Incline Village Lake 165.0 6,47N,1E St. Charles Indian Creek Community Lake 199.0 27,59N,25W Livingston X X X Indian Lake 279.0 22,15,23,39N,05W Crawford X X X Iron Mountain Lake 79.0 SE SW32,35N,04E St. Francois X X X Izaak Walton Lake 11.0 32,36N,31W Vernon X X X Jackass Bend 200.0 32,51N,29W Ray X X X X Jackrabbit Lake 28.0 15,47N,31W Jackson X X X Jamesport City Lake 16.0 22,60N,26W Daviess X X X X Jamesport Community Lake 27.0 NE 20,60N,26W Daviess X X X X Jasper Lake 43.0 12,60N,06W Lewis X X X Jaycee Park Lake 8.0 17,44N,12W Cole X X X Jo Lee Lake 8.0 NESE 19,36N,5E St. Francois X X X Johnson Lake 14.0 6,46N,15W Cooper X X X Junges Lake 37.0 10,41N,21W Benton X X X Kahrs-Boger Park Lake 2.0 15,44N,20W Pettis X X X Kellogg Lake 22.0 34,29N,31W Jasper X X X King City Lake (South) 29.0 SW SW34,61N,32W Gentry King City New Reservoir 25.4 28,61N,32W Gentry King City Old Reservoir SW NE28,61N,32W Gentry King Lake 204.0 13,60N,32W DeKalb Kiwanis Lake SW23,51N,9W Audrain Klontz Lake 14.0 02,39N,04W Crawford X X X Knox Village Lake 3.0 1,47N,32W Jackson X X X Koeneman Park Lake 5.0 8,46N,07E St. Louis X X X Kraut Run Lake 164.0 Landgrant00056 St. Charles X X X L. Prairie Comm. Lake 95.0 SE SE21,38N,7W Phelps X X X La Plata City Lake 89.0 14,60N,14W Macon X X X X La Plata Lake 22.0 9,60N,14W Macon X X X X Lac Benet Lake 7.0 20,37N,4E St. Francois X X X Lac Bergerac 7.0 19,37N,4E St. Francois X X X Lac Bourbon 7.0 19,37N,4E St. Francois X X X Lac Calista 5.0 28,37N,4E St. Francois X X X Lac Capri 106.0 30,37N,4E St. Francois X X X Lac Carmel 55.0 18,37N,4E St. Francois X X X Lac Catalina 5.0 19,37N,4E St. Francois X X X Lac Darcie 4.0 19,37N,4E St. Francois X X X Lac Lafitte 36.0 28,37N,4E St. Francois Lac Marseilles 48.0 29,37N,4E St. Francois Lac Michel 19,37N,4E St. Francois Lac Renee 20,37N,4E St. Francois Lac Shayne 76.0 25,37N,3E Washington Lac Tiffany 4.0 30,37N,4E St. Francois X X X Lac Veron 3.0 30,37N,4E St. Francois X X X Lake Allaman 6.0 NE 24,56N,30W Clinton X X X Lake Anne 81.0 Landgrant02046 Ste. Genevieve X X X Lake Annette 65.0 01,44N,33W Cass X X X Lake Arrowhead 101.0 18,54N,30W Clinton X X X Lake Arrowhead 23.0 NW NE 31, 42N, 2E Franklin X X X Lake Boutin 20.0 15,32N,14E Cape Girardeau X X X Lake Briarwood 69.0 SW NE33,40N,04E Jefferson X X X Lake Buteo 7.0 29,46N,24W Johnson X X X Lake Champetra 58.0 NW13,45N,12W Boone X X X Lake Cherokee 6.0 14,36N,03E Washington X X X Lake Contrary 291.0 26,27,35,57N,36W Buchanan X X X Lake Girardeau 144.0 SW SW09,30N,11E Cape Girardeau X X X Lake Innsbrook 37.0 8,46N,1W Warren X X X Lake Jacomo 998.0 NE NW11,48N,31W Jackson Lake Killarney 61.0 NW NW01,33N,04E Iron Lake Lacawanna SE SE 11,38N,05E St. Francois Lake Lincoln 51.0 8,49N,1E Lincoln Lake Lochaweeno 24,47N,08W Callaway Lake Loraine 37.0 SUR 1970, 41N,04E Jefferson X X X Lake Lotawana 487.0 SE SE29,48N,30W Jackson X X X Lake Lucern 43.0 6,46N,1W Warren X X X Lake Luna 23.0 4,44N,31W Cass X X X Lake Marie 60.0 NE NW 36,66N,24W Mercer X X X Lake McGinness 50.0 NW20,55N,30W Clinton X X X Lake Montowese 39.0 27,43N,4E Jefferson X X X Lake Nehai Tonkayea 228.0 NW NE11,55N,18W Chariton X X X Lake Nell 26.0 22,47N,31W Jackson X X X Lake Niangua 256.0 19,37N,17W Camden X X X X Lake Northwood 77.0 SE NE33,43N,05W Gasconade X X X Lake Ocie 62.0 Landgrant00884 Ste. Genevieve X X X Lake of the Oaks 53.0 SE SW07,63N,06W Clark X X X Lake of the Ozarks 59,520.0 SE SE19,40N,15W Camden X X X X Lake of the Woods 3.0 NE SW 02,48N,12W Boone X X X Lake of the Woods 11,48N,33W Jackson Lake of the Woods Country Club Lake Number 2 2,48N,12W Boone Lake Paho 273.0 NE SE25,65N,25W Mercer Lake Sainte Louise 71.0 Landgrant00929 St. Charles Lake Scioto 30,38N,6W Phelps Lake Serene 59.0 NW NE03,42N,02E Franklin X X X Lake Sherwood 120.0 SW SE11,45N,01W Warren X X X Lake Ski 64.0 Landgrant00884 Ste. Genevieve X X X Lake Springfield 293.0 19,28N,21W Greene X X X X Lake St. Clair #1 52.0 SW SE02,41N,01W Franklin X X X Lake St. Louis 444.0 SUR 54 (NE SW26,47N,02E) St. Charles X X X Lake Taneycomo 2,118.6 SW NE8,23N,20W Taney X X Lake Tapawingo 83.0 NE NE34,49N,31W Jackson X X X Lake Tebo 73.0 12,44N,22W Pettis X X X Lake Thunderbird 33.0 NE,NW 5,41N,01E Franklin X X X Lake Thunderhead 859.0 NE NE15,66N,19W Putnam Lake Timber Ridge 35.0 SW SE 16,43N,06W Gasconade Lake Timberline 24,38N,4E St. Francois Lake Tishomingo Landgrant03027 Jefferson Lake Tom Sawyer 4,54N,8W Monroe Lake Torino 7.0 20,42N,02E Franklin X X X Lake Tywappity 43.0 SW SE08,29N,13E Scott X X X Lake Viking 552.0 09,59N,28W Daviess X X X X Lake Wanda Lee 97.0 SUR 884, 37N, 7E Ste. Genevieve X X X Lake Wappapello 7,827.0 3,26N,7E Wayne X X X Lake Wauwanoka 93.0 SE NW01,40N,04E Jefferson X X X Lake Winnebago 272.0 NE NW09,46N,31W Cass X X X Lakes of Deerwood Number One 8.0 32,42N.4E Jefferson X X X Lakeview Park Lake 25.0 SW35,51N,09W Audrain X X X Lakewood Lakes 279.0 NE NE07,48N,31W & SW SW 5, 48N, 31W Jackson X X X Lamar Lake 148.0 SW NW32,32N,30W Barton X X X X Lamine River C.A. Lakes 25,26,27,36,46N,19W;

2,11,45N,19W; 7,18,45N,18W.

Cooper X X X Lancaster City Lake - New 56.0 23,66N,15W Schuyler X X X X Lancaster Lake - Old 23.0 SW NE14,66N,15W Schuyler X X X X Lane Lake 10.0 32,37N,01W Washington X X X Lawson City Lake 25.0 31,54N,29W Ray Leisure Lake 38.0 NE SE05,61N,25W Grundy Leisure Lake 33,48N,08W Callaway Lewis & Clark Lake 403.0 27,28,33,55N,37W Buchanan Lewis Lake SE, NE 10,26N,11E Stoddard Lewistown Lake 35.0 NW SW08,61N,08W Lewis X X X X Liberty Park Lake 1.0 04,45N,21W Pettis X X X Limpp Community State Lake 27.0 29,61N,32W Gentry X X X Linneus Lake 17.0 NE SW36,59N,21W Linn X X X X Lions Lake 11.0 16,44N,01W Franklin X X X Lions Lake 13.0 26,46N,26W Johnson X X X Lisle Pond 22.0 05,43N,33W Cass X X X Little Compton Lake 36.0 29/32,55N,21W Carroll X X X Little Dixie Lake 199.0 26,48N,11W Callaway X X X Loch Leonard 27.0 SE18,46N,30W Cass X X X Loggers Lake 21.0 10,15,31N,03W Shannon X X X Lone Jack Lake 31.0 11,47N,30W Jackson X X X Lone Tree Lake 21.0 N NE15,46N,6W Montgomery X X X Lonedell Lake 40.0 16,40N,02E Franklin X X X Long Branch Lake 2,686.0 NW18,57N,14W Macon X X X X Long Lake NW NW 03,25N,12E Stoddard Longview Lake 953.0 04,47N,32W Jackson Lost Valley Lake SE NE17,43N,04W Gasconade Lower Taum Sauk Lake 200.0 33,33N,02E Reynolds Lucky Clover Lake 20,38N,04W Crawford Mac Lake - Ziske 28.0 SW NE 17,34N,05W Dent X X X Macon Lake 189.0 SE NW17,57N,14W Macon X X X X Malta Bend Community Lake 4.0 25,51N,23W Saline X X X Manito Lake 77.0 08,09,44N,17W Moniteau X X X Maple Leaf Lake 127.0 04,48N,26W Lafayette X X X Marais Temps Clair 725.7 19,48N,06E and 24,48N,5E St. Charles X X X Marceline Reservoir 68.0 SE 28,57N,18W Linn X X X X Mark Twain Lake 20,100.0 26,55N,7W Ralls X X X X X Marshall Habilitation Center Lake 10.0 11,50N,21W Saline X X X Martin Lakes 17.0 11,26N,11E Stoddard X X X Maysville Lake NE NE 4, 58N,31W DeKalb Maysville Lake NW NE03,58N,31W DeKalb McCormack Lake NW SW 24,25N,04W Oregon McDaniel Lake 218.0 NE SE26,30N,22W Greene Melody Lake 32.0 27,42N,03W Franklin Memphis Lake 253.0 15,65N,12W Scotland X X X X Memphis Reservoir 41.0 14,65N,12W Scotland X X X X Middle Fork Water Company Lake 98.0 6,63N,31W Gentry X X X X Milan Lake North 13.0 SE SE02,62N,20W Sullivan X X X X Milan Lake South 37.0 SE SE,02,62N,20W Sullivan X X X X Mineral Lake 8.0 1,42N,3W Franklin X X X Monopoly Marsh 2,329.0 16,27,8E Wayne X X X Monroe City Lake 94.0 34,56N,7W Ralls X X X X Monroe City Lake A 17.0 NW NW13,56N,08W Monroe X X X X Monroe Lake B 60.0 30,56N,7W Monroe X X X X Monsanto Lake 18.0 SENW 20,36N,5E St. Francois X X X Monte Gurwit Lake 11.0 4,50N,13W Boone X X X Montrose Lake 1,444.0 NE NW33,41N,27W Henry X X X X Morel Lake 2.0 30,46N,24W Johnson X X X Mozingo Lake 998.0 13,64N,35W Nodaway X X X X New Cambria Lake SW NE07,57N,16W Macon New City Lake 78.0 27,64N,28W Harrison New La Belle Lake 16,61N,09W Lewis New Marceline City Lake 160.0 14,56N,19W Chariton Nims Lake 251.0 24,34N,6E Madison Noblett Lake 26.0 25,26N,11W Douglas X X X Nodaway Lake 73.0 SW NE20,65N,35W Nodaway X X X Norfork Lake 1,000.0 21N,12W Ozark X X X North Lake 38.0 28,45N,31W Cass X X X X North Lake 7.0 32,49N.7W Callaway X X X North Sever Lake 12.5 20,63N,11W Knox X X X Odessa Lake 87.0 NW NE15,48N,28W Lafayette X X X X Odessa Lake (Old) 22.0 NW NW14,48N,28W Lafayette X X X X Old Bethany City Lake 18.0 2,63N,28W Harrison X X X X Old Lake 28.0 30,53N,2W Pike X X X X Old Lake 20.0 15,57N,12W Shelby X X X X Old Mud Lake 126.0 16,20,21, 56N,36W Buchanan X X X Old Plattsburg Lake 15.0 13,55N,32W Clinton X X X X Old Reservoir 20.0 3,53N,14W Randolph X X X X Opossum Hollow Lake 63.0 SW NE29,39N,03W Crawford X X X Oscie Ora Acres Lake 50.0 10,28N,33W Jasper Otter Lake 250.0 17,24N,09E Stoddard Painted Rock Lake 11,42N,11W Osage Palmer Lake 102.0 22,36N,01E Washington Panther Creek D-1 Lake 28.0 32,65N,26W Harrison Parker Lake #1 20.0 SE SE 31,35N,09E Perry X X X Parker Lake No. 2 80.0 NE SW32,35N,09E Perry X X X Parole Lake 42.0 07,36N,01E Washington X X X Paul Herring Lake 44.0 17,46N,9W Callaway X X X Peaceful Valley Lake 158.0 NE NE25,42N,06W Gasconade X X X Peculiar Lake 25.0 SE SW22,45N,32W Cass X X X X Penn's Pond Lake 8.0 06,34N,11W Pulaski X X X Perco Lakes 21.7 SW5, NW8 ,34N,10E Perry X X X Perry C.A. Lakes 16.4 28.33.34.36.48N,24W;30,48N, 23W Johnson X X X Perry City Lake 18.0 34,54N,7W Ralls X X X X Perry City Lake Upper 34,54N,7W Ralls X X X Perry County Community Lake 89.0 SW NE22,35N,10E (SUR 856) Perry X X X Perry Phillips Lake 41.0 32,48N,12W Boone X X X Pershing St. Park Lakes 12.0 2,11,57N,21W Linn X X X Peters Lake 62.0 NW NW4,50N,16W Howard X X X Pike Lake 02,59N,25W Livingston Pim Lake SWNW 20,36N,5E St. Francois Pinewoods Lake 22.0 07,26N,03E Carter Pinnacle Lake 115.0 SE NE24,47N,05W Montgomery Plattsburg 6 Mi. Lane Lk. 57.0 SW SE11,55N,32W Clinton Pleasant Hill Lake 91.0 SW SE01,46N,31W Cass X X X X Plover Lake 14.0 15,47N,31W Jackson X X X Poague C.A. Lakes 80.0 19,30,42N,26W, 24,42N,27W Henry X X X Pomme de Terre Lake 7,675.0 2,36N,22W Polk X X X Pond Number 1 3.0 8,48N,7W Callaway X X X Pond Number 2 Pond Number 2 4.0 32,43N,25W Henry X X X Pond Number 3 Pond Number 3 3.0 32,43N,25W Henry X X X Pond Number 4 Pond Number 5 1.0 5,48N,7W Callaway X X X Pond Number 6 1.0 6,48N,7W Callaway X X X Pond Number 7 1.0 5,48N,7W Callaway X X X Pond Number 8 1.0 16,48N,7W Callaway X X X Pony Express Lake 256.0 33,58N,31W DeKalb X X X Port Hudson Lake 53.0 16,43N,3W Franklin Port Perry Lake 155.0 NE SE08,34N,09E Perry Potosi Lake SW NW 35,37N,03E Washington Prairie Lee Lake 144.0 NE SW27,48N,31W Jackson Lower Des Moines - 07100009 Clark 488.0 Bear-Wyaconda - 07110001 Marion X X X 247.0 North Fabius - 07110002 Marion X X X 114.0 South Fabius - 07110003 Marion X X X 711.0 Sny - 07110004 Lincoln X X X 229.0 Norh Fork Salt - 07110005 Monroe X X X 195.0 Independence - Sugar – 10240011 Clay X X X 745.0 South Fork Salt -07110006 Monroe X X X 336.0 Salt - 07110007 Pike X X X 1,830.0 Cuivre - 07110008 St. Charles X X X 995.0 Peruque-Piasa - 07110009 St. Charles X X X 223.0 Chahokia-Joachim – 07140101 Ste. Genevieve X X X 745.0 Meramec - 07140102 Jefferson X X X 247.0 Bourbeuse - 07140103 Franklin X X X 774.0 Big - 07140104 Jefferson X X X 1,063.0 Upper Mississippi - Cape Girardeau - 07140105 Mississippi X X X 426.0 Whitewater - 07140107 Cape Girardeau 357.0 Lower Mississippi Memphis - 08010100 Pemiscot 261.0 New Madrid - St Johns - 08020201 New Madrid 764.0 Upper St Francis - 08020202 Wayne 137.0 Lower St Francis - 08020203 Dunklin X X 286.0 Little River Ditches - 08020204 Dunklin X X X 136.0 Nishnabota - 10240004 Atchison X X X 351.0 Tarkio - Wolf - 10240005 Andrew X X X 68.0 Nodaway - 10240010 Andrew X X X 201.0 Platte - 10240012 Platte X X X 43.0 One Hundred and Two - 10240013 Buchanan 414.0 Upper Grand - 10280101 Livingston 182.0 Thompson - 10280102 Livingston 514.0 Lower Grand - 10280103 Chariton 96.0 Upper Chariton - 10280201 Adair 185.0 Lower Chariton - 10280202 Chariton X X X 189.0 Little Chariton - 10280203 Chariton X X X 184.0 Lower Marias Des Cygnes - 10290102 Bates X X X 67.0 Little Osage - 10290103 Vernon X X X 12.0 Marmaton - 10290104 Vernon X X X 479.0 Harry S. Truman Reservoir - 10290105 Benton X X X 391.0 Sac - 10290106 St. Clair X X X 82.0 Pomme de Terre - 10290107 Benton X X X 1,750.0 South Grand - 10290108 Benton X X X 349.0 Lake of the Ozarks - 10290109 Camden X X X 137.0 Niangua - 10290110 Camden X X X 249.0 Lower Osage - 10290111 Osage X X X 194.0 Upper Gasconade – 10290201 Pulaski X X X 9.0 Big Piney - 10290202 Pulaski X X X 111.0 Lower Gasconade – 10290203 Gasconade X X X 1,608.0 Lower Missouri Crooked - 10300101 Howard 1,763.3 Lower Missouri Moreau - 10300102 Gasconade 367.0 Lamine - 10300103 Cooper 675.0 Blackwater - 10300104 Cooper 976.0 Lower Missouri - 10300200 St. Charles 11.0 Beaver Reservoir - 11010001 Stone X X X 95.0 James - 11010002 Webster X X X 34.0 Bull Shoals Lake - 11010003 Ozark X X X North Fork White – 11010006 Ozark X X X 467.0 Upper Black - 11010007 Wayne X X X 187.0 Current - 11010008 Ripley X X X 40.0 Lower Black - 11010009 Ripley X X X 116.0 Spring - 11010010 Oregon X X X 66.2 Eleven Point - 11010011 Oregon X X X 762.0 Spring - 11070207 Jasper X X X 56.0 Elk - 110700208 McDonald X X X Primrose Lake 33.0 23,38,04E St. Francois X X X Radio Springs Lake 8.0 08,35N,31W Vernon X X X Railroad Lake 8.0 34,45N,15W Moniteau X X X Raintree Lake 248.1 06,46N,31W Cass X X X Raintree Plantation Lake 115.0 29,41N,04E Jefferson X X X Ray County Community Lake 23.0 13,52N,28W Ray X X X Raymond Claus Lake 8.7 SE SE17,27N,11E Stoddard X X X Rice Lake East 11.0 09,27N,11E Stoddard X X X Rice Lake West 4.0 SENE 9,27N,11E Stoddard X X X Rinquelin Trail Community Lake NE 29,39N,11W Maries Ripley Lake 10,23N,01E Ripley Riss Lake 134.0 SW SW25,51N,33W Platte Roach Lake 106.0 30,57N,23W Livingston Roby Lake 34/35,33N,11W Texas Rock House Lake 62.0 NE SW 36,65N,27W Harrison X X X X Rocky Fork Lake 60.0 NW SE31,50N,12W Boone X X X Rocky Hollow Lake 20.0 SE33,53N,30W Clay X X X Rothwell Lake 25.0 3,53N,14W Randolph X X X Salisbury City Lake (Pine Ridge Lake) 25.0 15,53N,17W Chariton X X X Santa Fe Lake 29.0 5,60N,14W Macon X X X Savannah City Reservoir 20.0 07,59N,35W Andrew X X X X Sayersbrook Lake 36.0 NE SE28,38N,01E Washington X X X Schell Lake 371.0 6,37N,28W St. Clair X X X Schuyler Co. PWSD #1 Lake 33.0 SE SE04,64N,015W Schuyler X X X X Sears Community Lake 32.0 18,63N,19W Sullivan X X X See Tal Lake 11.0 NW NW01,45N,05W Gasconade X X X Sequiota Park Lake 3.0 09,28N,21W Greene X X X Settles Ford C.A. Lakes 968.0 33,43N,29W;4,5,8-10,15-18,4 2N,29W;13,42N,30W Bates X X X Seven Springs Lake 18.0 23-24,36N,06WPhelps X X X Shawnee Lake - Turner 15.0 SW NW 17,34N,05W Dent Shelbina Lake 52.0 20,57N,10W Shelby Shelbyville Lake 32.0 SE SE19,58N,10W Shelby Shepard Mountain Lake 21.0 01,33N,03E Iron Silver Lake 54.0 SW SW16,46N,32W Cass Silver Lake-Levee 3 2,464.0 06,55N,20W Chariton X X X Simpson Park Lake 64.0 16,44N,5E St. Louis X X X Sims Valley Community Lake 42.0 17,20,27N,08W Howell X X X Smithville Lake 7,738.0 13,53N,33W Clay X X X X Snow Hollow Lake 31.0 26/27,34N,03E Iron X X X South Lake 2.0 8,48N,7W Callaway X X X South Pool-Levee 3 263.0 1,2,11,12,13,55N,21W Chariton X X X Spencer Lake 7.0 NW19,66N,14W Schuyler X X X Sportsman Lake 7.0 NE SE,04,49N,06W Montgomery X X X X Spring Fork Lake 178.0 NE SW21,44N,21W Pettis X X X X Spring Lake 87.0 10,61N,16W Adair X X X Spring Lake 5.0 33,40N,4E Jefferson X X X Squaw Creek NWR Pools 1,230.0 36,61N,39W Holt X X X Sterling Price Community Lake 23.0 17,53N,17W Chariton X X X Stockton Lake 23,680.0 NE NE15,34N,26W Cedar X X X X Strip Pit 1 11.0 32,43N,25W Henry Strip Pit 1 Strip Pit 2 Strip Pit 3 Strip Pit 4 Strip Pit 5 6.0 4,38N,32W Bates X X X Strip Pit 6 2.0 4,38N,32W Bates X X X Strobel Lake 33.0 SW SW 01,27N,09E Stoddard X X X Sugar Creek Lake 308.0 NE SE16,54N,14W Randolph X X X X Sullivan City Lake 5.0 NE NW 20,40N,02W Crawford X X X Summerset & Fisherman's Lakes 75.0 SW15,39N,04E Jefferson X X X Sunfish Lake SUR 3097, 155, 1840, 47N,07E St. Louis X X X Sunnen Lake 206.0 SW SE04,37N,01E Washington X X X Sunrise Lake 21.0 36,39N,4E Jefferson X X X Sunset Lake 6.0 13,44N,12W Cole X X X Sunset Lake 50.2 NW SE33,39N,07E Ste. Genevieve Sunshine Lake 500.0 19,29,32,51N,27W Ray Swan Lake-Levee 5 1,425.0 10,55N,21W Chariton Table Rock Lake 41,747.0 SW NW22,22N,22W Stone Tarsney Lake 22,48N,30W Jackson Tea Lake No. 1 25.0 08,41N,04W Gasconade X X X Teal Lake 84.0 36,51N,9W Audrain X X X Tebo Freshwater Lake 250.0 SW SW25,43N,25W Henry X X X Ten Mile Pond 70.0 07,04,03,24N,16E Mississippi X X X Thirtyfour Corner Blue Hole 9.0 35,25N,17E Mississippi X X X Thomas Hill Reservoir 4,400.0 NE SE24,55N,16W Randolph X X X X X Tobacco Hills Lake 16.0 NW11,53N,35W Platte X X X Tom Bird Blue Hole 6.0 29,27N,18E Mississippi X X X Treeline Lake 30.0 30,40N,16W Camden X X X Trenton Lake Lower 103.0 SW 15,61N,24W Grundy X X X X Trenton Lake Upper 68.0 NE SE15,61N,24W Grundy X X X X Tri-City Lake 27.0 24,51N,12W Boone X X X Turtle Rock Lake 2.0 8,48N,7W Callaway X X X Twin Borrow Pits 44.0 13,20N,13E Pemiscot X X X Twin Lake 49.0 NW NW31,66N,23W Mercer X X X Twin Lake Number 1 8,48N,7W Callaway Twin Lake Number 2 8,48N,7W Callaway Twin Lakes 22.9 SW SW,22,48N,13W Boone Union City Lake 27,43N,01W Franklin Unionville (Old) Lake 34,66N,19W Putnam Unionville Reservoir 74.0 27,66N,19W Putnam X X X X Unity Lake Number One 19.0 25,48N,32W Jackson X X X X Unity Lake Number Two 26.0 24,48N,32W Jackson X X X X 1.0 16,45N,32W Cass X X X 6.0 18,47N,31W Jackson X X X 8.0 15,42N,4W Franklin X X X 2.0 2,47N,32W Jackson X X X 6.0 10,38N,32W Bates X X X 37.4 21,39N,5E Jefferson X X X Valle Lake 42.0 31,39N,05E Jefferson X X X Van Meter St. Park Lake 8.0 24,52N,22W Saline X X X Vandalia Community Lake 35.0 SE35,52N,06W Audrain X X X Vandalia Reservoir 28.0 NE NE12,53N,05W Pike X X X X Wahoo Lake 10.0 14,38N,04E St. Francois X X X Wakonda Lake 78.0 13,14,60N,06W Lewis X X X Walt Disney Lake 19.0 31,57N,18W Linn Watkins Mill Lake 87.0 NW 22,53N,30W Clay Waukomis Lake 76.0 SW 17,51N,33W Platte Weatherby Lake 185.0 SW SE15,51N,34W Platte Welch Lake 2,48N,12W Boone Wellsville City Lake 12.0 NW SE 33,50N,06W Montgomery X X X X West Arrowhead Lake 58.0 18,23N,08W Howell X X Whispering Valley Lakes 30.0 35,44N,03W Franklin X X X Whiteside Lake 23.0 Landgrant01686 Lincoln X X X Wildwood Lake 17.0 NE 09,48N,32W Jackson X X X Willow Brook Lake 53.0 SE NE 04,58N,13W DeKalb X X X X Willow Lake 29.0 27-34,34N,32W Vernon X X X Willowwood Lake 45.0 26 & 35,48N,05E St. Charles X X X Windsor Ferrington Park Lake 16.0 6,43N,23W Pettis X X X Windy Lake 13.0 6,48N,7W Callaway X X X Winegar Lake 8.0 18,43N,13W Cole Wing Lake 19.9 NW SW 14, 35N,03E Washington Wolf Bayou Mud Bayou 04,19N,13E Pemiscot Wood Lake 8.0 8,57N,12W Shelby Worth County Community Lake 32,65N,32W Worth Wyaconda Lake 9.0 NW NW33,65N,09W Clark X X X X

### **Chapter 8** Minimum Design Standards

##### **10 CSR 20-8.010** Design of Municipal Waste Stabilization Lagoons in Missouri {#sec-10-csr-20-8.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.010}

##### **10 CSR 20-8.021** Individual Sewage Treatment Systems Standards {#sec-10-csr-20-8.021 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.021}

##### **10 CSR 20-8.200** Wastewater Treatment Lagoons, Wastewater Irrigation Alternatives, {#sec-10-csr-20-8.200 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.200}

##### **10 CSR 20-8.010** Design of Municipal Waste Stabilization Lagoons in Missouri {#sec-10-csr-20-8.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.010}

(Rescinded August 13, 1979)

**History**
- *AUTHORITY: section 204.026, RSMo Supp. 1973. Original rule filed July 17, 1961, effective July 27, 1961. Amended: Filed Oct. 3, 1962, effective Oct. 13, 1962. Amended: Filed Dec. 4, 1975, effective Dec. 14, 1975. Rescinded: Filed May 4, 1979, effective Aug. 13, 1979.*

##### **10 CSR 20-8.020** Design of Small Sewage Works {#sec-10-csr-20-8.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.020}

(Rescinded February 28, 2019)

**History**
- *AUTHORITY: section 644.026, RSMo Supp. 1988. Original rule filed July 17, 1961, effective July 27, 1961. Amended: Filed Oct. 3, 1962, effective Oct. 13, 1962. Amended: Filed Dec. 4, 1975, effective Dec. 14, 1975. Rescinded and readopted: Filed Nov. 4, 1988, effective April 15, 1989. Rescinded: Filed June 15, 2018, effective Feb. 28, 2019.*

##### **10 CSR 20-8.021** Individual Sewage Treatment Systems Standards {#sec-10-csr-20-8.021 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.021}

(Rescinded March 30, 1999)

**History**
- *AUTHORITY: section 644.026, RSMo 1986. Original rule filed Nov. 14, 1988, effective April 15, 1989. Rescinded: Filed July 13, 1998, effective March 30, 1999.*

##### **10 CSR 20-8.030** Design of Sewage Works {#sec-10-csr-20-8.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.030}

(Rescinded August 13, 1979)

Op. Atty. Gen. No. 92, Bockenkamp (3-24-75). The City of Farmington may impose user charges pursuant to section 204.026(18), RSMo (Supp. 1973), to cover costs of operation and/or future expansion of a public sewer treatment facility constructed pursuant to a grant of federal funds under 33 USC, Sections 1281- 1292, without the necessity of an election as provided in section 71.715, RSMo (1969).

Op. Atty. Gen. No. 229, Smith (8-20-73). Municipalities and sewer districts have authority to make the user charges to industries required by the Federal Water Pollution Control Act amendments of 1972 and to establish the reserves for future expansion or reconstruction.

**History**
- *AUTHORITY: section 204.026, RSMo Supp. 1973. Original rule filed July 17, 1961, effective July 27, 1961. Amended: Filed Oct. 3, 1962, effective Oct. 13, 1962. Amended: Filed Dec. 4, 1975, effective Dec. 14, 1975. Rescinded: Filed May 4, 1979, effective Aug. 13, 1979.*

##### **10 CSR 20-8.110** Engineering—Reports, Plans, and Specifications {#sec-10-csr-20-8.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.110}

PURPOSE: This rule provides the minimum criteria for the preparation of engineering reports and facility plans and specifications related to the design of wastewater systems. This rule is to be used with rules 10 CSR 20-8.110 through 10 CSR 20-8.210 for the planning and design of a wastewater treatment facility. It does not address all aspects of design, and the design engineer may refer to other appropriate reference materials so long as these minimum standards set forth in this rule are met.

(1) Applicability. Engineering reports and facility plans and specifications shall be prepared based on criteria contained in this rule, published standards, applicable federal and state requirements, standard textbooks, current technical literature, and applicable safety standards. In the event of any conflict between the above criteria, the requirement in this rule shall prevail.

(A) This rule shall not apply to treatment units covered in 10 (B) This rule shall not apply to treatment units covered in 10 (2) General. All documents submitted to the Missouri Department of Natural Resources (department) for the purpose of complying with this rule shall be prepared, signed, sealed, and dated by a Missouri registered professional engineer.

(A) Submittal. The design engineer must submit a project engineering report or facility plan to the department and receive department approval prior to submitting permit applications, plans, specifications, and fees.

(B) Engineering Reports or Facility Plans.

1. Engineering reports must be completed for projects involving collection systems, pumping stations, and force mains.

2. Facility plans must be completed for projects involving wastewater treatment facility projects and projects receiving department funding through the grant and loan programs under 10 CSR 20-4, Grants and Loans.

(C) Approval. Engineering report or facility plan approval does not authorize construction.

(3) Hydraulic and Organic Waste Load.

(A) Existing Systems shall— 1. Use actual flow data that accurately represent the average and peak flows to calculate projections for hydraulic capacity;

2. Include contributions from existing upstream combined sewers that will affect interceptor sewers and treatment facilities;

3. Use actual data that accurately represent organic waste load to calculate projections for organic capacity; and 4. Include documented hydraulic and organic waste load contributions of industrial sources in the calculations of projected capacity.

(B) New Collection and Wastewater Treatment Systems.

1. Hydraulic capacity for wastewater facilities and new collection systems.

A. Flow estimates for the design average flow and design peak hourly flow, including origin of the flow estimates and any assumptions, shall be identified.

B. Peaking factor. The average design flow value shall be used in conjunction with a peaking factor from the following Equation 110-1, included herein.

Equation 110-1. Ratio of peak hourly flow to design average Peaking Factor = Q Peak Hourly / Q Design Avg = (18 + √P) / (4 + √P)

Where:

Q Peak Hourly = design peak hourly flow Q Design Avg = design average flow P = Population in thousands C. Where the new collection system is to serve existing development, the likelihood of inflow and infiltration (I/I) contributions from existing service lines shall be evaluated.

2. Organic Waste Load. Organic waste load estimates shall be identified for all contributing parameters such as the design average five (5)-day Biochemical Oxygen Demand (BOD (C) Drinking Water Use Records. Facilities proposing drinking water usage as the basis for design average flow must provide at least one (1)-year of drinking water use records in the following form:

1. A minimum of twelve (12) continuous months of drinking water use records for facilities that discharge year-round; or 2. A minimum of continuous daily water use records during the entirety of an operating season for facilities having critical operational schedules (e.g., recreational areas, campuses, and industrial facilities).

(D) Re-Rating a Wastewater Treatment Facility. A wastewater treatment facility owner must request department review and approval when proposing to re-rate an existing wastewater treatment facility’s current design hydraulic capacity or organic waste loading. An engineering re-rating analysis must demonstrate the wastewater treatment facility can reliably operate at the proposed re-rated loading rate. The re-rating analysis shall include the following:

1. Hydraulic Capacity. Evaluate the annual average flow, the maximum monthly average flow, the maximum daily flow, and the ratio of the peak flow to annual average flow using the last five (5) years’ wastewater treatment facility. Include all calculations and assumptions.

A. Calculate the design average flow using the wastewater treatment facility’s average annual flow plus one (1) standard deviation for a wastewater treatment facility that will not be affected by future growth; or B. Calculate the design average flow using the anticipated changes from the existing flow for a wastewater treatment facility that will be affected by future growth.

2. Organic Waste Load. Evaluate the design organic waste loading based on the average daily organic load.

A. Include the data from the analyses of at least three (3) twenty-four (24)-hour composite samples of the influent wastewater per week, taken during days with representative flow, for a period of at least three (3) months during both wet and dry weather conditions;

B. Include sample data of the following parameters unless monitoring of the parameter is not a requirement of the National Pollutant Discharge Elimination System (NPDES) permit: BOD , Total Suspended Solids (TSS), ammonia, total nitrogen, and total phosphorus;

C. Include the influence of hydraulic capacity evaluation from subparagraph (3)(D)1.A and B. of this rule; and D. Evaluate the size of each unit process to determine if they are appropriately sized to provide adequate treatment based on the re-rated design organic waste load.

3. Existing unit processes. Evaluate each unit process for its design and peak capacity. Normally one (1) unit process will be most restrictive in terms of design capacity. Include solids processing, handling, and storage in this analysis.

4. Compliance. Evaluate the proposed change of the facility’s ability to reliably and consistently comply with the NPDES permit effluent limitations and conditions.

5. Growth. Evaluate the system’s anticipated rate of growth.

(4) Engineering Report. Engineering reports shall include the following:

(A) Cover Page. Include a statement identifying the owner and continuing authority (refer to 10 CSR 20-6.010(2)(A)), a contact person for each (including phone number and address), and engineer in accordance with section (2) of this rule;

(B) Problem Defined. Include a description of the existing system and an evaluation of the conditions and problems needing correction;

(C) Hydraulic Capacity and Organic Waste Load. Establish the anticipated design average and design peak flows and organic loads for the existing and ultimate conditions. Include the

basis of the projection reflecting the existing or initial service area, and the anticipated future service area. More detail on flow and organic waste load information and data needed for new and existing collection systems are included in section (3) of this rule;

(D) Impact on Existing Wastewater Facilities. Evaluate the impact of the proposed project on downstream existing wastewater systems (including gravity sewers, alternative sewers, pumping stations, force mains, and treatment facilities);

(E) Project Description. Provide a written description of the project;

(F) Location Drawings. Provide drawings identifying the site of the project and anticipated location and alignment of proposed facilities;

(G) Engineering Criteria. Include design criteria for the proposed project;

(H) Site Information. Provide project site information, where applicable, including topography, soils, geologic conditions, depth to bedrock, groundwater level, distance to water supply structures, roads, residences, and other pertinent site information;

(I) Alternative Selection. Discuss the reasons for selection of the proposed alternative, including any pumping station sites, feasibility, and how the project fits into a long term plan; and (J) For flood protection follow the provisions listed in 10 CSR 20-8.140(2)(B).

(5) Facility Plan. Facility plans shall include the following, in addition to the information in section (4) of this rule:

(A) Planning and Service Area. Include a description or drawings of the planning area, existing and potential future service areas, the site of the project, and anticipated location of the proposed facilities;

(B) Population Projection and Planning Period. Base the present and predicted population on a twenty (20)-year planning period. Consider phased construction of wastewater facilities in rapid growth areas. Design sewers and other facilities with a design life in excess of twenty (20) years for the extended period;

(C) Wastewater Treatment Facility Design Capacity. The wastewater treatment facility design capacity is the design average flow at the design average BOD . Establish the anticipated design average and design peak flows and waste loads for the existing period in accordance with section (3) of this

rule. Include the basis of the projection of initial and future flows and waste loads;

(D) Initial Alternative Development. Discuss the process of selection of wastewater treatment alternatives for detailed evaluation. Include all wastewater management alternatives considered, including no action, and the basis for the engineering judgment for selection of the alternatives chosen for detailed evaluation;

(E) Detailed Alternative Evaluation. Include the following for the alternatives to be evaluated in detail:

1. Collection system revisions. Evaluate the proposed revisions to the existing collection system including adequacy of portions not being changed by the project;

2. Wet weather flows. Provide facilities to transport and treat wet weather flows in a manner that complies with federal, state, and local regulations;

3. Evaluate the no-discharge option and include it as an alternative in the facility plan. Also refer to 10 CSR 20-6.010(4)

(A)5;

4. Evaluate the regionalization option and include it as an alternative in the facility plan;

5. Include the information outlined in 10 CSR 20-8.200(2) when the project includes wastewater irrigation or subsurface soil dispersal;

6. Site Evaluation. Consider the following criteria during site evaluation. Take appropriate measures to minimize adverse impacts when a site is critical with respect to the following items:

A. Consider compatibility of the treatment process with the present and planned future land use, including noise, potential odors, air quality, and anticipated solids processing and disposal techniques. Wastewater treatment facilities should be separate from habitation or any area likely to be built up within a reasonable future period and shall be separated in accordance with state and local requirements. Refer to 10 CSR 20-8.140(2)(C) for minimum separation distances;

B. Identify zoning and other land use restrictions;

C. Evaluate the accessibility and topography of the site;

D. Identify areas for future facility expansion;

E. For flood protection, follow the provisions listed in 10 CSR 20-8.140(2)(B);

F. Include geologic information, depth to bedrock, karst features, or other geologic considerations of significance to the project;

G. A request for a geohydrologic evaluation conducted by the department’s Missouri Geological Survey is required in the following instances:

(I) All new wastewater treatment facilities to identify stream determinations (gaining or losing);

(II) All new outfalls or relocated outfalls;

(III) All new or major modifications to earthen basin structures. Earthen basin structures shall not be located in areas receiving a severe collapse potential rating. Earthen basin structures located in areas receiving a severe overall geologic limitation rating are reviewed on a case-by-case basis.

Earthen basin structures located in areas receiving a moderate collapse potential rating with an appropriate engineering solution are reviewed on a case-by-case basis; and (IV) All new features (e.g. wastewater irrigation sites, subsurface soil dispersal sites);

H. Protection of groundwater including public and private wells shall be provided. When the proposed wastewater facilities will be near a water source or other drinking water facility, as determined by the Missouri Geological Survey or by the department’s Public Drinking Water Branch, include an evaluation addressing the allowable distance between these wastewater facilities and the water source. Refer to 10 CSR 20- 8.140(2)(C);

I. Determine the soil type and suitability for construction and depth to normal and seasonal high groundwater;

J. Submit a soil morphology analysis conducted by a qualified soil scientist for all subsurface soil dispersal systems.

Refer to section (7) of this rule;

K. Identify the location, depth, and discharge point of any field tile or curtain drain in the immediate area of the proposed site;

L. Include the present and known future effluent quality and monitoring requirements;

M. Provide a discussion of receiving waterbody access for the outfall line; and N. Include a preliminary assessment of site availability;

7. Engineering criteria. Provide the engineering criteria and assumptions used in the design of the project. Provide the

basis for unit operation and preliminary unit process sizing;

8. Location Drawings. Provide drawings identifying the site of the project and anticipated location and alignment of proposed facilities;

9. Flow diagram. Provide a preliminary flow diagram of treatment facility alternatives, including all recycle flows;

10. Removal efficiencies. Provide estimated loadings to and removal efficiencies through each unit operation in addition to total removal efficiency and effluent quality (both concentrations and mass);

11. Emergency operation. Provide a discussion of emergency operation measures as outlined in 10 CSR 20-8.140(7)(A);

12. New and innovative technology. See section (6) of this

rule. Provide a contingency plan, in the event that such new technology fails to meet the expected performance;

13. Nutrient removal. Provide a discussion of nutrient removal capabilities, including the footprint available for expansion or treatment facility modifications necessary for nutrient removal for each alternative;

14. Solids. Include the solids handling and disposal alternatives considered and method selected consistant with the requirements of 10 CSR 20-8.170 and any conditions in the NPDES permit;

15. Treatment during construction. Develop a plan for the method and level of treatment (including solids processing, storage, and disposal) to be achieved during construction and include it in the facility plan. Refer to paragraph (9)(A)5. and subsection (10)(C) of this rule;

16. Cost estimates. Present cost estimates for capital construction cost, annual operation and maintenance cost (including basis), and a twenty (20)-year present worth cost for each alternative;

17. Environmental review. Include any additional environmental information meeting the criteria in 10 CSR 20-4.050, for projects receiving funding through the state grant and loan programs; and 18. Water quality reports. Submit all reviews, studies, or reports in accordance with 10 CSR 20-7, Water Quality; and (F) Final Project Selection. Present the selected project from the alternatives considered under paragraph (5)(E) of this rule, including the financing considerations and recommendations for implementation of the plan. Provide a project implementation schedule identifying project milestones.

(6) New and Innovative Technology.

(A) Evaluation of Technology Performance. To determine if new technologies of wastewater treatment processes and equipment or applications have a reasonable and substantial chance of success, the facility plan prepared for department approval shall include the following:

1. Monitoring observations, including test results and engineering evaluations demonstrating the efficiency of processes or equipment;

2. Detailed description of the sampling protocol and test methods that are sufficiently sensitive analytical methods for detecting, identifying, and measuring the concentrations of pollutants;

3. Testing, including appropriately-composited samples, under various ranges of strength and flow rates (including diurnal variations) and waste temperatures over a sufficient length of time to demonstrate expected performance under the range of climatic and other conditions that may be encountered in the area of the proposed installations. A control group may be necessary to demonstrate effectiveness;

4. Description of manufacturer’s warranty and performance warranty including all exclusions or limitations on the warranty, when available;

5. Complete design requirements, calculations, and all assumptions clearly documented and explained;

6. Documentation of how the new process or equipment functions;

7. A discussion of actual, full-scale operating experience or pilot test work. For full-scale operating experience, include the length of time that each installation has been in operation. For pilot test work, include a copy of the associated pilot test plan and final pilot test results report;

8. Discussion of known or anticipated start-up issues and operational issues that have occurred or may occur during the first year of operation;

9. A description of specific operator knowledge and skills needed to operate the proposed technology including an estimate of increased operator attention needed during start-up and the first year of operation; and 10. Other appropriate information.

(B) Pilot Test or Demonstration Plan. Proposals for pilot tests and demonstration projects shall include the following in addition to the facility plan information in section (5) of this rule:

1. Goals, objectives, and benefits with an explanation as to why a pilot study or demonstration project is necessary to obtain additional engineering data;

2. Literature identifying key design parameters and related experience;

3. A description of the proposal with schematic diagrams, pictures, drawings, or any other important information;

4. Complete design requirements, calculations, and all assumptions clearly documented and explained;

5. Identification of associated environmental impacts, both direct and indirect;

6. Detailed description of the sampling protocol and test methods that are sufficiently sensitive analytical methods for detecting, identifying, and measuring the concentrations of pollutants;

7. Complete schedule for testing and evaluation including start, completion, and submittal of the pilot test or demonstration results report; and 8. Other appropriate information.

(C) Evaluation of Collected Data. All raw testing data and the evaluation of the data and performance must be submitted for department review upon conclusion of the project demonstration. The evaluation shall identify and justify the removal of any excursions not representative of the new technology process or equipment from the data evaluation.

(7) Soils Report.

(A) Soils. Soil reports are required for all projects involving subsurface wastewater treatment and disposal. All soils investigations and resulting reports must be performed, signed, and dated by a qualified soil scientist as defined in section 701.040, RSMo. Soil observation pits (i.e., backhoe or hand dug) excavated to a depth to reveal the major soil horizons shall be utilized.

(B) Soils Report. The soils report resulting from the investigation shall include the following information:

1. A copy of each soil profile description;

2. A description of all drainage features, rock outcrops, erosion, and other natural features that may influence the soil treatment area;

3. An evaluation of any identified limiting conditions or geologic risk factors affecting the soil’s ability to treat and disperse effluent, such as karst features, dense tills, clay pans, and fragipans;

4. Clear and legible scaled site plans, drawings, or maps identifying all applicable site features that could impact the soil treatment area(s). Previously prepared or otherwise available drawings or maps such as a survey prepared by a Missouri registered professional surveyor; an aerial photograph; a United States Geological Survey topographic map with the proposed soil treatment area clearly delineated; a United States Department of Agriculture Natural Resources Conservation Services county soil survey map with the proposed soil treatment area clearly delineated; or a digital orthophotograph prepared from a geographical information system may be used. The following shall be included on the drawings or maps:

A. The location of all soil observation pits with the extent of different soils clearly delineated;

B. Any existing or proposed dwellings and structures;

C. Any site disturbances such as excavated or fill areas, existing roadways, and other hardscapes and proposed hardscapes, or related site disturbances;

D. Location of all public and private wells, abandoned wells, or geothermal systems, and surface water features that could either influence or be impacted by the proposed soil treatment area. For minimum separation distances, follow the provisions listed in 10 CSR 20-8.140(2)(C);

E. North orientation arrow;

F. Identification of areas with conditions that would prohibit, limit, or adversely impact the siting of a soil treatment area including, but not limited to: sinkholes, wetland vegetation, bedrock outcrops, areas with a slope greater than fifteen percent (15%), and existing or abandoned field or drainage tiles;

G. Identification of known existing, proposed, and observed easements and right-of-ways; and 5. A discussion of the findings and conclusions must include the following:

A. Available area for the soil treatment area;

B. Depth to limiting layers (e.g., water table, fragipan, bedrock) and the source of this information;

C. Proposed application (loading) rates that take into consideration the drainage and permeability of the soils and the distance to the limiting layer.

D. The source of the application rates for each soil horizon within the specific soil description;

E. Frequency of flooding and ponding and the source of this information;

F. Relevant characteristics (e.g., bedrock outcrops, sinkholes or karst features) on the proposed site or in the surrounding area that may indicate vulnerability for surface water and groundwater contamination and the source of this information; and G. Factors affecting the soils ability to treat and hydrologically control effluent and the source of this information.

(C) Imported Soils. When a facility is importing soils for the subsurface soil dispersal systems, the following shall be specified:

1. Physical characteristics that are uniform in texture, structure, and pore space;

2. Transportation methods that ensures uniformity and consistency of the physical characteristics as close as possible to the original state upon delivery;

3. A sandy to loamy material, with less than ten percent (10%) clay and less than fifteen percent (15%) organic debris present;

4. Methods for removal of the organic layer;

5. No compaction of imported soil;

6. Placement in small “lift” increments of four to six inches (4"–6") instead of one (1) thick layer; and 7. Native soil is to be used for the vertical separation for the subsurface soil dispersal systems with the fill for the cap being imported soils.

(8) Summary of Design. A summary of design shall accompany the plans and specifications and must include the following:

(A) Flow and waste projections including design and peak hydraulic and organic loadings for sewers, pump stations, and wastewater treatment facilities;

(B) Information to verify adequate downstream capacity of sewers, pump stations, and wastewater treatment and solids handling unit(s);

(C) Type and size of individual process units including the following: unit dimensions; rates and velocities; detention times; concentrations; recycle; chemical additive control; physical control, flexibility, and flow metering;

(D) Process diagrams, including flow diagrams with hydraulic capacity and organic waste load;

(E) Expected removal rates and concentrations of permitted effluent parameters in the discharge from the wastewater treatment facility, including a separate tabulation for each unit to handle solid and liquid fractions;

(F) Design calculations, tabulations, and assumptions clearly documented and explained from 10 CSR 20-8.120 through 10 CSR 20-8.210 used in the design of each unit process and the system(s) as a whole;

(G) The appropriate pump curve with the system curve superimposed, as applicable;

(H) Unusual specifications, construction materials, and construction methods; maps, photographs, diagrams; and other support data needed to describe the system;

(I) Architectural, structural, and mechanical component design calculations as specified in 10 CSR 20-8.120 through 10 CSR 20-8.210; and (J) Anticipated effluent quality.

(9) Plans.

(A) General.

1. Plan components must include the following components on all plan sheets:

A. A suitable title block showing the name of the project, owner, and continuing authority (refer to 10 CSR 20-6.010(2) and 20 CSR 2030-2.050);

B. Scale ratios for mechanical drawings;

C. Bar scales for aerial maps;

D. A north arrow;

E. Datum used; and F. Sheet numbers.

2. Plan format must include clear and legible plans drawn to a scale that allows necessary information to be seen plainly.

Blueprints and hand-drafted plans are not acceptable.

3. Plan contents must include detailed plans consisting of A. Plan views, elevations, sections, and supplementary views, which together with the specifications and general layouts, provide the working information for the contract and construction of the facilities;

B. Dimensions and relative elevations of structures, the location and outline form of equipment, location and size of piping, water levels, and ground elevations;

C. All known existing structures and utilities, both above and below ground, that might interfere with the proposed construction or require isolation setback, particularly water mains and water supply structures (e.g., wells, clear wells, basins), gas mains, storm drains, and telephone, cable, and power conduits. Show the location of all existing and proposed water supply structures located within five hundred feet (500') of the proposed or existing wastewater treatment facility; and D. Locations and logs of test borings, where applicable.

Include test boring logs on the plans or in the specifications as an appendix.

4. Hydraulic profile for all wastewater treatment facilities must be included; and 5. Plan for operation during construction must specify the procedure for operation during construction that complies with the plan outlined in paragraph (5)(E)15. and subsection (10)(C) of this rule.

(B) Plans of Sewers.

1. General plans. These plans shall show the following:

A. Geographical features.

(I) Topography and elevations. Clearly show existing or proposed streets and all streams or water surfaces. Include contour lines at suitable intervals;

(II) Streams. Depict the direction of flow in all streams and high and low water elevations of all water surfaces;

(III) Boundaries. Depict the boundary lines of the continuing authority and the area to be sewered; and B. Sewers. Show the location, size, and direction of flow of relevant existing and proposed sanitary and combined sewers draining to the treatment facility concerned.

2. Detail plans. Detail plans shall be submitted showing A. Profiles having a horizontal scale of not more than one hundred feet (100') to the inch and a vertical scale of not more than ten feet (10') to the inch;

B. Plan views drawn to a corresponding horizontal scale and shown on the same sheet;

C. Location of streets and sewers;

D. Line of ground surface; pipe size, material, and type; length between manholes; invert and surface elevation at each manhole; grade of sewer between each two (2) adjacent manholes; and any special construction features. Number all manholes on the plan and correspondingly number them on the profile;

E. Elevation and location of the basement floor on the profile of the sewer where there is any question of the sewer being sufficiently deep to serve any residence;

F. Locations of all special features, such as inverted siphons, concrete encasements, elevated sewers, etc.; and G. Detail drawings to show the following:

(I) All stream crossings with elevations of the stream bed and ordinary high water mark, normal, and low water levels;

(II) Details of all special sewer joints and cross-sections; and (III) Details of all sewer appurtenances such as manholes, inspection chambers, inverted siphons, regulators, tide gates, and elevated sewers.

(C) Plans of Wastewater Pumping Stations.

1. Location plans. These plans must show the following:

A. The location and extent of the tributary area;

B. Any continuing authority boundaries with the tributary area;

C. The location of the pumping station and force main;

D. Pertinent elevations.

2. Detail plans. Detail plans shall show the following, where applicable:

A. Topography of the site;

B. Existing pumping station;

C. Proposed pumping station, including provisions for installation of future pumps;

D. Maximum elevation of wastewater in the collection system upon occasion of power failure;

E. Maximum hydraulic gradient in downstream gravity sewers when all installed pumps are in operation;

F. Test boring and groundwater elevations;

G. All pumping station appurtenances such as pumps, valves, level control switches, hatches, safety equipment, ventilation equipment, and hoisting equipment; and H. Flood protection map. For flood protection, follow the provisions listed in 10 CSR 20-8.140(2)(B).

(D) Plans of Wastewater Treatment Facilities.

1. Location plans. Location plans shall include the following:

A. The wastewater treatment facility in relation to the remainder of the system; and B. Sufficient topographic features to indicate its location with relation to streams and the point of discharge of treated effluent.

2. General layout. Layouts of the proposed wastewater treatment facility shall show— A. Topography of the site;

B. Size and location of treatment facility structures;

C. Schematic flow diagram(s) showing the flow through various units and showing utility systems serving the facility processes;

D. Piping, including any arrangement for unit isolation (identify materials handled and direction of flow through pipes, including arrangements for independent operation);

E. Hydraulic profiles showing the flow of wastewater, supernatant liquor, recycle streams, and solids; and F. Test borings and groundwater elevations.

3. Detail plans. Detail plans shall show the following, where applicable:

A. Location, dimensions, and elevations of all existing and proposed treatment facilities and solids handling facilities;

B. Elevations of high and low water level of the body of water to which the facility effluent is to be discharged;

C. Type, size, pertinent features, and operating capacity of all pumps, blowers, motors, and other mechanical devices;

D. Minimum, design average, and peak hourly hydraulic flow in hydraulic profile with wastewater, supernatant liquor, and solids flow through the treatment facility;

E. Existing and proposed solids storage volumes in plan and profile;

F. Adequate description of any features not otherwise covered by the specifications or facility plan; and G. Flood protection map. For flood protection, follow the provisions listed in 10 CSR 20-8.140(2)(B).

(10) Specifications.

(A) Specifications shall accompany the plans. The initial page shall bear the owner and continuing authority name, and a contact person for each (including phone number and address).

(B) The technical specifications accompanying construction drawings shall include the following, but not be limited to all construction information not shown on the drawings which is necessary to inform the builder, in detail, of the design requirements for the quality of materials, workmanship, and fabrication of the project:

1. The type, size, strength, operating characteristics, and rating of equipment;

2. Allowable infiltration;

3. The complete requirements for all mechanical and electrical equipment (including machinery, valves, piping, and jointing of pipe);

4. Electrical apparatus, wiring, instrumentation, and meters;

5. Laboratory fixtures and equipment;

6. Operating tools;

7. Construction materials;

8. Special filter materials (such as stone, sand, gravel, or slag);

9. Miscellaneous appurtenances;

10. Chemicals when used;

11. Instructions for testing materials and equipment as necessary to meet design standards; and 12. Performance tests for the completed facilities and component units. It is suggested that these performance tests be conducted at design load conditions wherever practical.

(C) Operation During Construction. Specifications shall contain a program for keeping existing wastewater treatment facility units in operation during construction. Should it be necessary to take units out of operation, specifications shall include detailed construction requirements and schedules to maintain compliance with effluent limitations and the facility’s NPDES permit. See paragraphs (5)(E)15. and (9)(A)5. of this

rule.

(11) Revisions to Approved Plans or Specifications.

(A) General. Any revisions of approved plans or specifications affecting capacity, flow, system layout, operation of units, or point of discharge shall be approved by the department in writing, before such changes are made.

(B) Addendum. Addenda must conform to all requirements in this rule.

(C) Change Order. The owner, continuing authority, and contractor must sign and date change orders.

(D) As-Built Plans. As-built plans clearly showing the alterations must be submitted upon department request at the completion of the work. 10, 1978, effective March 11, 1979. Amended: Filed Sept. 14, 2010, effective June 30, 2011. Amended: Filed June 15, 2018, effective Feb. 28, 2019. *Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000.

##### **10 CSR 20-8.120** Gravity Sewers design of gravity sewers that are part of wastewater collection (1) Applicability. Wastewater systems that utilize gravity sewers shall be designed based on criteria contained in this rule, published standards, applicable federal and state requirements, standard textbooks, current technical literature and applicable safety standards. In the event of any conflict between the above criteria, the requirement in this rule shall prevail. {#sec-10-csr-20-8.120 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.120}

(A) This rule shall not apply to treatment units covered in 10 (B) This rule shall not apply to treatment units covered in 10 (2) Sanitary Sewers. Rain water from roofs, streets, and other areas and groundwater from foundation drains shall be excluded from all new sewers.

(3) Details of Design and Construction.

(A) Installation. Installation specifications shall contain appropriate requirements based on the criteria, standards, and requirements established by industry in its technical publications. Requirements shall be set forth in the specifications for the pipe and methods of bedding and backfilling thereof, so as not to damage the pipe or its joints, impede cleaning operations, and future tapping, nor create excessive side fill pressures and ovalation of the pipe, nor seriously impair flow capacity.

1. Slope. All sewers shall be designed and constructed to give mean velocities, when flowing full, of not less than two feet (2') per second.

2. Depth. All sewers shall either be covered with at least thirty-six inches (36") of soil, or sufficiently insulated with other material to prevent freezing and to protect them from superimposed loads.

3. Buoyancy. Buoyancy of sewers shall be considered and flotation of the pipe shall be prevented with appropriate construction where high groundwater conditions are anticipated.

(B) Deflection test. No pipe shall exceed a deflection of five percent (5%) of the inside diameter.

(C) Joints and Infiltration.

1. Service connections. Service connections to the sewer main shall be watertight and cannot protrude into the sewer.

2. Leakage tests. Leakage tests shall be specified for gravity sewers except polyvinyl chloride (PVC) pipe with a diameter of twenty-seven inches (27") or less.

A. Water (hydrostatic) test. The leakage exfiltration or infiltration shall not exceed one hundred (100) gallons per inch of pipe diameter per mile per day for any section between manholes of the system. An exfiltration or infiltration test shall be performed with a minimum positive head of two feet (2'). The exfiltration or infiltration test shall conform to the test procedure described in ASTM C969 – 17 Standard Practice for Infiltration and Exfiltration Acceptance Testing of Installed Precast Concrete Pipe Sewer Lines, as approved and published April 1, 2017, for precast concrete pipe. This standard shall hereby be incorporated by reference into this rule, as published by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. This rule does not incorporate any subsequent amendments or additions.

B. Air test. The air test shall conform to the test procedure described in ASTM C1103 – 14 Standard Practice for Joint Acceptance Testing of Installed Precast Concrete Pipe Sewer Lines, as approved and published November 1, 2014, for concrete pipe twenty-seven inches (27") or greater in diameter, and ASTM F1417 – 11a(2015) Standard Practice for Installation Acceptance of Plastic Non-pressure Sewer Lines Using Low-Pressure Air, as approved and published August 1, 2015, for plastic, composite, and ductile iron pipe. These standards shall hereby be incorporated by reference into this rule, as published by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. This rule does not incorporate any subsequent amendments or additions.

(D) Bore or Tunnel. Where casing pipe is utilized it shall be constructed of steel with welded joints conforming to AWWA C200-17 Steel Water Pipe, 6 In. (150 mm) and Larger, as approved and published August 1, 2017, or ductile iron pipe with mechanical joints. This standard shall hereby be incorporated by reference into this rule, as published by American Water Works Association (AWWA), 6666 West Quincy Avenue, Denver, CO 80235-3098. This rule does not incorporate any subsequent (4) Manholes.

(A) Location. Manholes shall be installed— 1. At the end of each line;

2. At all changes in grade, size, or alignment;

3. At all sewer pipe intersections; and 4. At distances appropriate to allow for sufficient cleaning and maintenance of sewer lines.

(B) Drop Type.

1. A drop pipe shall be provided for a sewer entering a manhole at an elevation of twenty-four inches (24") or more above the manhole invert.

2. When using precast manholes, drop connections must not enter the manhole at a joint.

(C) Diameter. The minimum diameter of manholes shall be forty-two inches (42") on eight-inch (8") diameter gravity sewer lines and forty-eight inches (48") on all sewer lines larger than eight inches (8") in diameter. A minimum access diameter of twenty-two inches (22") (56 cm) shall be provided. Cleanouts shall be a minimum of eight inches (8") for pipes eight inches (8") in diameter or larger and equal to the diameter for pipes less than eight inches (8").

(D) Bench. No sewer, service connection, or drop manhole pipe shall discharge onto the surface of the bench.

(E) Watertightness. Manholes shall be watertight, constructed, and installed in accordance with the manufacturer’s recommendations and procedures.

(F) Inspection and Testing.

1. Vacuum testing, if specified for concrete sewer manholes, shall conform to the test procedures in ASTM C1244 – 11(2017) Standard Test Method for Concrete Sewer Manholes by the Negative Air Pressure (Vacuum) Test Prior to Backfill, as approved and published April 1, 2017, or the manufacturer’s recommendation. This standard shall hereby be incorporated by reference into this rule, as published by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959.

This rule does not incorporate any subsequent amendments or additions.

2. Exfiltration testing, if specified for concrete sewer manholes, shall conform to the test procedures in ASTM C969 – 17 Standard Practice for Infiltration and Exfiltration Acceptance Testing of Installed Precast Concrete Pipe Sewer Lines, as approved and published April 1, 2017. This standard shall hereby be incorporated by reference into this rule, as published by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. This rule does not incorporate any subsequent amendments or additions.

(5) Protection of Water Supplies.

(A) Cross Connections. There shall be no physical connections between a public or private potable water supply system and a sewer or appurtenance that would permit the passage of any wastewater or polluted water into the potable supply.

(B) Relation to Water Works Structures. Sewers shall be laid at least fifty feet (50') in a horizontal direction from any existing or proposed public water supply well or other water supply sources or structures. Sewers must also comply with 10 CSR 23-3.010. 10, 1978, effective March 11, 1979. Amended: Filed May 17, 1994, effective Dec. 30, 1994. Amended: Filed June 28, 2011, effective Feb. 29, 2012. Amended: Filed June 15, 2018, effective Feb. 28, 2019. *Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995.

##### **10 CSR 20-8.125** Alternative Sewer Systems design of alternative sewer systems that are part of wastewater collection and treatment systems. {#sec-10-csr-20-8.125 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.125}

This rule is to be used with rules (1) Applicability. Wastewater systems that utilize alternative sewer systems shall be designed based on criteria contained in this rule, published standards, applicable federal and state requirements, standard textbooks, current technical literature, and applicable safety standards. In the event of any conflict between the above criteria, the requirement in this rule shall prevail.

(A) This rule shall not apply to treatment units covered in 10 (B) This rule shall not apply to treatment units covered in 10 (2) Approval of Sewers. For sewer approval, follow the provisions listed in 10 CSR 20-8.120(2).

(3) Supplement to the Engineering Report. Alternative sewer systems shall not to be used in lieu of conventional gravity sewers, but may be acceptable when it can be shown in the engineering report that it is not feasible to provide conventional gravity sewers. For more information, follow the provisions in 10 CSR 20-8.110(4).

(4) General.

(A) Continuing Authority. The continuing authority must be responsible for the operation and maintenance and modernization of an alternative sewer system collection system. See 10 CSR 20-6.010(2) for acceptable continuing authorities.

(B) Flooding. For flood protection, follow the provisions in 10 CSR 20-8.140(2)(B).

(C) Accessibility. For pumping station structure and septic tank accessibility, follow the provisions listed in 10 CSR 20- 8.140(2)(D).

(D) Security. For fencing criteria, follow the provisions in 10 CSR 20-8.140(8)(A).

(E) Potable Water Sources. For the minimum separation distances from potable water sources, follow the provisions in 10 CSR 20-8.130(2)(D).

(F) Protection of Water Supplies. For the separation and crossings of water supplies, follow the provisions in 10 CSR 20- 8.120(5).

(5) Pressure Sewers.

(A) Sewer Design.

1. Velocity. Design shall be based on the most probable number of pumping units expected to operate simultaneously or on some other acceptable method of computing the peak pumpage rate.

A. A cleansing velocity of at least two feet per second (2 ft/s), at least once and preferably several times per day, shall be achieved.

2. Minimum size. The minimum diameter sewer main pipe shall not be less than one and a half inches (1.5").

3. Installation. For sewer installation, follow the provisions in 10 CSR 20-8.120(3).

4. Hydrostatic pressure test. The applicant must comply with the manufacturer’s recommended testing procedures.

5. Locator Wire. Locator wire must be utilized when sewer lines are installed within the public right-of-way in accordance with Section 319.033, RSMo.

(B) Sewer Appurtenances. Appurtenances shall be compatible with the piping system and full bore with smooth interior surfaces to eliminate obstruction and keep friction loss to a minimum.

1. Isolation valves shall be— A. Comprised of resilient seated gate valve or ball valve with a position indicator;

B. Constructed from corrosion resistant materials; and C. Enclosed in a watertight and lockable valve box.

2. Isolation valves shall be installed on— A. The upstream side of major pipe intersections;

B. Both sides of stream, bridge, and railroad crossings, and unstable soil; and C. The terminal end of the system to facilitate future extensions.

3. Proper support (e.g., crushed stone, concrete pads, or a well compacted trench bottom) shall be provided for valves so the weight of the valve is not carried by the pipe.

(C) Service Line Connection. The minimum diameter service line pipe shall be one and one quarter inches (1.25").

(D) Grinder Pump Stations.

1. Number of pumps.

A. Simplex grinder pump station shall— (I) Not serve multiple equivalent dwelling units (EDU) if owned, operated, and maintained by individual homeowners; and (II) Not serve commercial facilities.

B. Multiple unit grinder pump stations must be owned, operated, and maintained by an approved continuing authority. See subsection (4)(A) of this rule for more continuing

2. Grinder pump vaults shall be watertight.

3. Storage volume. A grinder pump vault shall have a storage volume of at least seventy (70) gallons.

4. Valves. The following valves must be provided in the grinder pump vaults:

A. A shutoff valve accessible from the ground surface;

B. A check valve to prevent backflow; and C. An anti-siphon valve, where siphoning could occur.

5. Grinder pump construction. For design of pumps and motors, follow the provisions in 10 CSR 20-8.130(5).

6. Controls. For water level control design, follow the provisions in 10 CSR 20-8.130(3)(C).

7. Electrical equipment. For electrical equipment, follow the provisions in 10 CSR 20-8.130(3)(B)2.

8. Emergency operations. When the continuing authority operates and maintains the grinder pump stations, provisions must be made for periods of mechanical or power failure.

(6) Septic Tank Effluent Pumped (STEP) Sewers.

(A) Sewer Design. Follow the provisions in subsection (5)(A) of this rule.

(B) Sewer Appurtenances. Follow the provisions in subsection (5)(B) of this rule.

(C) Service Line Connection. Follow the provisions in subsection (5)(C) of this rule.

(D) Septic Tank Design. Follow the provisions in 10 CSR 20- 8.180(2). Additionally, septic tank design shall:

1. Provide at least one (1) septic tank to serve each EDU;

2. Provide at least one thousand (1,000) gallons capacity;

3. Provide twenty percent (20%) of the septic tank volume for freeboard and ventilation.

(E) Existing Septic Tanks. When existing on-site septic tanks are proposed for reuse in an alternative sewer system, they must be inspected and verified watertight prior to acceptance.

Follow the provisions in subsection (6)(D) of this rule for the minimum design of acceptable existing septic tanks proposed for reuse.

(F) Pump Vault Design.

1. Number of pumps. Duplex pumps shall be provided where the design flow from the EDUs, or other, is one thousand five hundred (1,500) gallons per day or greater.

2. Pump removal. Follow the provisions in 10 CSR 20- 8.130(5)(A).

3. Valves. Follow the provisions in paragraph (5)(D)4. of this rule.

4. Controls. For water level control design, follow the provisions in 10 CSR 20-8.130(3)(C).

5. Electrical equipment. Follow the provisions in 10 CSR 20-8.130(3)(B)2.

6. Emergency operations. Provisions must be made for periods of mechanical or power failure.

(7) Septic Tank Effluent Gravity (STEG) Sewers.

(A) Sewer Design.

1. Minimum size. The minimum diameter sewer main pipe shall not be less than four inches (4").

2. Installation. Follow the provisions in 10 CSR 20-8.120(3)

(A).

3. Leakage tests. Follow the provisions in 10 CSR 20-8.120(3)

(C)2.

(B) Sewer Appurtenances. Follow the provisions in subsection (5)(B) of this rule. When manholes are utilized at major junctions of sewer mains, follow the provisions in 10 CSR 20- 8.120(4).

(C) Service Line Connection. Follow the provisions in subsection (5)(C) of this rule.

1. The diameter of service line pipe shall not be less than four inches (4").

(D) Septic Tank Design. Follow the provisions in subsections (6)(D) through (6)(E) of this rule.

(8) Combination of Sewers. A pressure sewer system discharging to a downstream STEP or STEG sewer system shall not be permitted, as effluent sewers are not designed to carry settleable solids and grease.

**History**
- *authority information.*
- *AUTHORITY: section 644.026, RSMo 2016. Original rule filed June 15, 2018, effective Feb. 28, 2019. Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000.*

##### **10 CSR 20-8.130** Pumping Stations sign of pumping stations that are part of wastewater collection PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated (1) Applicability. Wastewater systems that utilize pumping stations shall be designed based on criteria contained in this (A) {#sec-10-csr-20-8.130 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.130}

This rule shall not apply to treatment units covered in 10 (B) This rule shall not apply to treatment units covered in 10 (2) Alternative Design. The department may approve an alternative design when it determines that the proposed alternative design is as effective or more effective than the requirements of this chapter and when compliance with the design requirements of this chapter would be unfeasible or impractical.

The owner of a project proposing an alternative design must provide engineering justification to the department. The justification must— (A) Be requested in writing;

(B) Be signed, sealed, and dated by a professional engineer licensed in Missouri;

(C) Include an explanation of how compliance with a design requirement of this chapter is unfeasible or impractical; and (D) Include all pertinent facts, data, reports, and studies certifying the proposed alternative design will result in equivalent or improved effectiveness compared to the minimum design requirement in this chapter.

(3) General.

(A) Flood Protection. For flood protection, follow the provisions in 10 CSR 20-8.140(2)(B).

(B) Access Road. For access roads to pump station sites, follow the provisions in 10 CSR 20-8.140(2)(D).

(C) Safety. For safety, follow the applicable portions of 10 CSR 20-8.140(8).

(D) Potable Water Sources. The distance between wastewater pumping stations and all potable water sources shall be at least fifty feet (50') in accordance with 10 CSR 23-3.010(1)(B).

(E) Housed Wet Wells. Housed wet well ventilation shall be in accordance with 10 CSR 20-8.140(8)(J).

(4) Design.

(A) Structures.

1. Separation. Dry wells, including their superstructure, shall be completely separated from the wet well with gas-tight common walls.

2. Access. Suitable and safe means of access to dry wells and to wet wells shall be provided to persons wearing selfcontained breathing apparatus.

(B) Pumps.

1. Multiple units. Multiple pumps shall be provided except for design average flows of less than fifteen hundred (1,500) gallons per day.

2. Electrical equipment. Electrical equipment shall be provided with the following requirements:

A. Electrical equipment must comply with 10 CSR 20- 8.140(7)(B);

B. Utilize corrosive resistant equipment located in the wet well;

C. Provide a watertight seal and separate strain relief for all flexible cable;

D. Install a fused disconnect switch located above ground for the main power feed for all pumping stations;

E. When such equipment is exposed to weather, it shall comply with the requirements of weather-proof equipment; enclosure NEMA 4; NEMA 4X, where necessary; and NEMA Standard 250-2014, published December 15, 2014. This standard shall hereby be incorporated by reference into this rule, as published by National Electrical Manufacturers Association, 1300 North 17th Street, Arlington, VA 22209. This rule does not incorporate any subsequent amendments or additions;

F. Install lightning and surge protection systems;

G. Install a one hundred ten volt (110 V) power receptacle inside the control panel located outdoors to facilitate maintenance; and H. Provide Ground Fault Circuit Interruption (GFCI) protection for all outdoor receptacles.

(C) Controls. Water level controls must be accessible without entering the wet well.

(D) Valves. Valves shall not be located in the wet well unless integral to a pump or its housing.

(E) Wet Wells. Covered wet wells shall have provisions for air displacement to the atmosphere, such as an inverted and screened “j” tube or other means.

(F) Ventilation. Interconnection between the wet well and dry well ventilation systems is not acceptable. For ventilation, follow the provisions in 10 CSR 20-8.140(8)(J).

(G) Water Supply. There shall be no physical connection between any potable water supply and a wastewater pumping station, which under any conditions might cause contamination of the potable water supply. If a potable water supply is brought to the station, it shall comply with conditions stipulated under 10 CSR 20-8.140(7)(D).

(5) Suction Lift Pumps.

(A) Self-Priming Pumps. The combined total of dynamic suction lift at the “pump off” elevation and required net positive suction head at design operating conditions shall not exceed twenty-two feet (22').

(B) Vacuum Priming Pumps. Vacuum priming pump stations shall be equipped with dual vacuum pumps capable of automatically and completely removing air from the suction lift pump.

(C) Wet Well Access. Wet well access shall not be through the equipment compartment. Access shall be provided in accordance with paragraph (4)(A)2. of this rule.

(6) Submersible Pump Stations. Submersible pump stations shall meet the applicable requirements under section (4) of this

rule, except as modified in this section.

(A) Pump Removal. Submersible pumps shall be readily removable and replaceable without personnel entering, dewatering, or disconnecting any piping in the wet well.

(B) Valve Chamber and Valves. Valves required under subsection (4)(D) of this rule shall be located in a separate valve chamber.

1. Access. A minimum access hatch dimensions of twentyfour inches by thirty-six inches (24" x 36") shall be provided. For access, follow the provisions in paragraph (4)(A)2. of this rule.

2. Portable pump connection. A portable pump connection on the discharge line with rapid connection capabilities shall be provided.

(7) Alarm Systems. Alarm systems with an uninterrupted power source shall be provided for pumping stations.

(8) Emergency Operation. Pumping stations shall be capable of operating during emergencies to prevent the discharge of raw wastewater. In addition to the required emergency means of operation and a storage/detention basin or tank, at least one (1) of the following shall be provided:

(A) For a pump station serving a wastewater treatment facility with a design average flow of one hundred thousand (100,000) gallons per day or greater, a storage capacity for two- (2-) hour retention of the peak hourly flow;

(B) For a pump station serving a wastewater treatment facility with a design average flow of less than one hundred thousand (100,000) gallons per day, a storage capacity for four- (4-) hour retention of the peak hourly flow; or (C) With sufficient engineering justification, designers may propose an alternative method to address emergency operations. At a minimum, this includes a reasonable amount of retention along with a dedicated generator of sufficient capacity capable of automatic start-up during power outages.

All emergency equipment must be designed such that its operations can be tested on a regular schedule. Where independent electrical feeds are used for emergency power, each separate electrical feed shall be capable of starting and operating the pump station at its rated capacity.

(9) Force Mains.

(A) Design. Force main system shall be designed to withstand all pressures (including water hammer and associated cyclic reversal of stresses), and maintain a velocity of at least two feet (2') per second.

(B) Installation. For installation follow the provisions in 10 CSR 20-8.120(3)(A).

(C) Protection of Water Supplies. For separation between water mains and sanitary sewer force mains, follow the provisions in 10 CSR 20-8.120(5).

(D) Locator wire. For locator wire, follow the provisions in 10 CSR 20-8.125(5)(A)5. effective Feb. 28, 2019. Amended: Filed June 14, 2024, effective Jan. 30, 2025. *Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012, 2014.

##### **10 CSR 20-8.140** Wastewater Treatment Facilities {#sec-10-csr-20-8.140 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.140}

PURPOSE: This rule contains the minimum standards for the design of systems that are part of wastewater collection and treatment systems. This rule is to be used with rules 10 CSR 20-8.110 through 10 CSR 20-8.210. It does not address all possible aspects (1) Applicability. Wastewater systems shall be designed based on criteria contained in this rule, published standards, applicable federal and state requirements, standard textbooks, current technical literature, and applicable safety standards. In the event of any conflict between the above criteria, the requirement in this rule shall prevail.

(A) This rule shall not apply to treatment units covered in 10 (B) This rule shall not apply to treatment units covered in 10 (2) General.

(A) Location. Criteria to be considered when selecting a site are listed in 10 CSR 20-8.110(5)(E)6.

(B) Flood Protection. Flood protection shall apply to new construction and to existing facilities undergoing major modification. The wastewater facility structures, electrical equipment, and mechanical equipment shall be protected from physical damage by not less than the one hundred- (100-) year flood elevation.

(C) Minimum Separation Distances.

1. Potable water sources. Unless another distance is determined by the Missouri Geological Survey or by the department’s Public Drinking Water Branch, the minimum distance between wastewater treatment facilities and all potable water sources shall be at least three hundred feet (300').

2. Residences. No treatment unit with a capacity of twenty-two thousand five hundred gallons per day (22,500 gpd) or less shall be located closer than the minimum distance provided in Table 140-1 below. See 10 CSR 20-2.010(68) for the definition of a residence.

3. Plant Location. The following items shall be considered when selecting a plant site: proximity to residential areas; direction of prevailing winds; accessibility by all-weather roads; area available for expansion; local zoning requirements; local soil characteristics, geology, hydrology and topography available to minimize pumping; access to receiving stream; downstream uses of the receiving stream and compatibility of the treatment process with the present and planned future land use, including noise, potential odors, air quality, and anticipated sludge processing and disposal techniques. Where a site must be used which is critical with respect to these items, appropriate measures shall be taken to minimize adverse impacts.

(D) Accessibility. Facilities shall be readily accessible by authorized personnel from a public right-of-way at all times.

(3) Quality of Effluent. The degree of wastewater treatment shall be based on 10 CSR 20-7.015, Effluent Regulations, 10 CSR 20-7.031, Water Quality Standards, and/or appropriate federal regulations including the provisions of the operating permit.

(4) Pump and Haul.

(A) General.

1. Accessibility. Conform to subsection (2)(D) of this rule.

2. Security. Follow the provisions in subsection (8)(A) of this

rule for fencing.

3. Protection of water supplies. Separation and crossing of water supplies shall be in accordance with subsection (2)(C) of this rule and 10 CSR 20-8.120(5).

(B) Septic Tank Design. Conform to 10 CSR 20-8.180(2) for septic tank design.

(C) Earthen Basin Design. Follow the provisions in 10 CSR 20- 8.200 for earthen basin design.

(D) Alarm system. The alarm shall be activated in cases of high water levels. Follow the provisions in subsection (7)(C) of this rule for alarm systems.

(5) Design.

(A) Type of Treatment. Items to be considered in selection of the appropriate type of treatment are presented in 10 CSR 20-8.110(5).

(B) New and Innovative Technology. Follow the provisions in 10 CSR 20-8.110(6).

(C) Design Period. Identify the design period in the facility plan per 10 CSR 20-8.110(5)(B).

(D) Design Loads.

1. Hydraulic design.

A. Identify flow conditions critical to the design of the wastewater treatment facility as described in 10 CSR 20-8.110(3).

B. The design peak hourly flows shall be used to evaluate the effect of hydraulic peaks on unit processes, pumping, piping, etc.

C. The design of treatment units that are not subject to peak hourly flow requirements shall be based on the design average flow.

2. Organic design. Base organic loadings for wastewater Table 140-1. Minimum Separation Distance for 22,500 gal/d or less.

Type of Facility Separation Distance Lagoons 200' to a neighboring residence and 50' to property line Open recirculating media filters following primary treatment 200' to a neighboring residence All other discharging facilities 50' to a neighboring residence treatment facility design on the information given in 10 CSR 20-8.110(3). When septage is accepted at a wastewater treatment facility, the effects of septage flow shall be evaluated in the design.

(6) Outfalls.

(A) Protection and Maintenance. The outfall shall be so constructed and protected against the effects of flood water, ice, or other hazards as to reasonably ensure its structural stability and freedom from stoppage.

(B) Sampling Provisions. All sampling points shall be designed so that a representative and discrete twenty-four (24) hour automatic composite sample or grab sample of the effluent discharge can be obtained at a point after the final treatment process and before discharge to or mixing with the receiving waters.

(C) All outfalls shall be posted with a permanent sign indicating the outfall number (i.e., Outfall #001).

(7) Essential Facilities.

(A) Emergency Power Facilities.

1. General. All wastewater treatment facilities shall be provided with an alternate source of electric power or pumping capability to allow continuity of operation during power failures.

2. Power for disinfection. Disinfection and dechlorination, when used, shall be provided during all power outages.

(B) Electrical Controls. Electrical systems and components in raw wastewater or in enclosed or partially enclosed spaces where hazardous concentrations of flammable gases or vapors that are normally present, shall comply with the NFPA 70 National Electric Code (NEC) (2017 Edition), as approved and published August 24, 2016, requirements for Class I, Division 1, Group D locations. This standard shall hereby be incorporated by reference in this rule, as published by National Fire Protection Association ® (NFPA), 1 Batterymarch Park, Quincy, MA 02169-7471. This rule does not incorporate any subsequent (C) Alarm Systems. An audiovisual alarm or a more advanced alert system, with a self-contained power supply, capable of monitoring the condition of equipment whose failure could result in a violation of the operating permit, shall be provided for all wastewater treatment facilities.

(D) Water Supply.

1. General. No piping or other connections shall exist in any part of the wastewater treatment facility that might cause the contamination of a potable water supply.

2. Direct hot water connections. Hot water for any direct connections shall not be taken directly from a boiler used for supplying hot water to a digester heating unit or heat exchanger.

3. Indirect connections.

A. Where a potable water supply is to be used for any

purpose in a wastewater treatment facility other than direct connections, a break tank, pressure pump, and pressure tank, or a reduced pressure backflow preventer consistent with the department’s Public Drinking Water Branch shall be provided.

B. A sign shall be permanently posted at every hose bib, faucet, hydrant, or sill cock located on the water system beyond the break tank or backflow preventer to indicate that the water is not safe for drinking.

4. Separate non-potable water supply. Where a separate non-potable water supply is to be provided, a break tank will not be necessary, but all system outlets shall be posted with a permanent sign indicating the water is not safe for drinking.

(E) Flow Measurement. A means of flow measurement shall be provided at all wastewater treatment facilities.

(F) Sampling Equipment. Effluent twenty-four (24) hour composite automatic sampling equipment shall be provided at all mechanical wastewater treatment facilities and at other facilities where necessary under provisions of the operating permit.

See 10 CSR 20-7.015.

(G) Housed Facilities. Where wastewater treatment units are in a housed facility, follow the provisions in subsection (8)(J) of this rule for ventilation.

(8) Safety. Adequate provisions shall be made to effectively protect facility personnel and visitors from hazards. The following shall be provided to fulfill the particular needs of each wastewater treatment facility:

(A) Fencing. Enclose the facility site with a fence designed to discourage the entrance of unauthorized persons and animals;

(B) Gratings over appropriate areas of treatment units where access for maintenance is necessary;

(C) First aid equipment;

(D) Posted “No Smoking” signs in hazardous areas;

(E) Appropriate personal protective equipment (PPE);

(F) Portable blower and hose sufficient to ventilate accessed confined spaces;

(G) Portable lighting equipment complying with NEC requirements. See subsection (7)(B) of this rule;

(H) Gas detectors listed and labeled for use in NEC Class I, Division 1, Group D locations. See subsection (7)(B) of this rule;

(I) Appropriately-placed warning signs for slippery areas, non-potable water fixtures (see subparagraph (7)(D)3.B. of this

rule), low head clearance areas, open service manholes, hazardous chemical storage areas, flammable fuel storage areas, high noise areas, etc.;

(J) Ventilation. Ventilation shall include the following:

1. Isolate all pumping stations and wastewater treatment components installed in a building where other equipment or offices are located from the rest of the building by an air-tight partition, provide separate outside entrances, and provide separate and independent fresh air supply;

2. Force fresh air into enclosed screening device areas or open pits more than four feet (4') deep. Also see 10 CSR 20- 8.130(3)(F);

3. Dampers. Dampers are not to be used on exhaust or fresh air ducts. Avoid the use of fine screens or other obstructions on exhaust or fresh air ducts to prevent clogging;

4. Continuous ventilation. Where continuous ventilation is needed (e.g., housed facilities), provide at least twelve (12) complete air changes per hour. Where continuous ventilation would cause excessive heat loss, provide intermittent ventilation of at least thirty (30) complete air changes per hour when facility personnel enter the area. Base air change demands on one hundred percent (100%) fresh air;

5. Electrical controls. Mark and conveniently locate switches for operation of ventilation equipment outside of the wet well or building. Interconnect all intermittently operated ventilation equipment with the respective wet well, dry well, or building lighting system. The manual lighting/ventilation switch is expected to override the automatic controls. For a two (2) speed ventilation system with automatic switch over where gas detection equipment is installed, increase the ventilation rate automatically in response to the detection of hazardous concentrations of gases or vapors; and 6. Fans, heating, and dehumidification. Fabricate the fan wheel from non-sparking material. Provide automatic heating and dehumidification equipment in all dry wells and buildings. Follow the provisions in subsection (7)(B) of this rule for electrical controls;

(K) Explosion-proof electrical equipment, non-sparking tools, gas detectors, and similar devices, in work areas where hazardous conditions may exist, such as digester vaults and other locations where potentially explosive atmospheres of flammable gas or vapor with air may accumulate. See subsection (7)

(B) of this rule;

(L) Provisions for local lockout/tagout on stop motor controls and other devices;

(M) Provisions for an arc flash hazard analysis and determination of the flash protection boundary distance and type of PPE to reduce exposure to major electrical hazards in accordance with NFPA 70E Standard for Electrical Safety in the Workplace (2018 Edition), as approved and published August 21, 2017.

This standard shall hereby be incorporated by reference in this

rule, as published by National Fire Protection Association®, 1 Batterymarch Park, Quincy, MA 02169-7471. This rule does not incorporate any subsequent amendments or additions.

(9) Chemical Handling.

(A) General.

1. Containment materials. The materials utilized for storage, piping, valves, pumping, metering, and splash guards, etc., shall be specially selected considering the physical and chemical characteristics of each hazardous or corrosive chemical.

2. Secondary containment. Secondary containment storage areas contain the stored volume until it can be safely transferred to alternate storage or released to the wastewater treatment plant at controlled rates that will not damage the facilities, inhibit the treatment processes, or contribute to stream pollution. Secondary containment shall be designed as follows:

A. A minimum volume of one hundred twenty-five percent (125%) of the volume of the largest storage container located within the containment area plus the space occupied by any other tanks located within the containment area when not protected from precipitation;

B. A minimum volume of one hundred ten percent (110%) of the volume of the largest storage container located within the containment area plus the space occupied by any other tanks located within the containment area when protected from precipitation; and C. Walls and floors of the secondary containment structure constructed of suitable material that is compatible with the specifications of the product being stored.

3. Splash guards. All pumps or feeders for hazardous or corrosive chemicals shall have guards that will effectively prevent spray of chemicals into space occupied by facility personnel.

4. Piping, labeling, and coupling guard locations.

A. All piping containing or transporting corrosive or hazardous chemicals shall be identified with labels every ten feet (10') and with at least two (2) labels in each room, closet, or pipe chase.

B. All connections (flanged or other type), except those adjacent to storage or feeder areas, shall have guards that will direct any leakage away from space occupied by facility personnel.

5. Alarm system. Facilities shall be provided for automatic shutdown of pumps and sounding of alarms when failure occurs in a pressurized chemical discharge line.

6. Dust. Dust collection equipment shall be provided to protect facility personnel from dusts injurious to the lungs or skin and to prevent polymer dust from settling on walkways that become slick when wet.

(B) Chemical Housing. The following shall be provided to fulfill the particular needs of each chemical housing facility:

1. Provide storage for a minimum of thirty (30) days’ supply, unless local suppliers and conditions indicate that such storage can be reduced without limiting the supply;

2. Construct the chemical storage room of fire and corrosion resistant material;

3. Equip doors with panic hardware. To prevent unauthorized access, doors lock but do not need a key to exit the locked room using the panic hardware;

4. Provide chemical storage areas with drains, sumps, finished water plumbing, and the hose bibs and hoses necessary to clean up spills and to wash equipment;

5. Construct chemical storage area floors and walls of material that is suitable to the chemicals being stored and that is capable of being cleaned;

6. Install floor surfaces to be smooth, chemical resistant, slip resistant, and well drained with three inches per ten feet (3"/10') minimum slope;

7. Provide adequate lighting;

8. Comply with the NEC recommendation for lighting and electrical equipment based on the chemicals stored. See sub-

section (7)(B) of this rule;

9. Store chemical containers in a cool, dry, and well-ventilated area;

10. Design vents from feeders, storage facilities, and equipment exhaust to discharge to the outside atmosphere above grade and remote from air intakes;

11. Locate storage area for chemical containers out of direct sunlight;

12. Maintain storage temperatures in accordance with relevant Material Safety Data Sheets (MSDS);

13. Control humidity as necessary when storing dry chemicals;

14. Design the storage area with designated areas for “full” and “empty” chemical containers;

15. Provide storage rooms housing flammable chemicals with an automatic sprinkler system designed for four tenths gallons per minute per square foot (0.4 gpm/ft ) and a minimum duration of twenty (20) minutes;

16. Store incompatible chemicals separately to ensure the safety of facility personnel and the wastewater treatment system. Store any two (2) chemicals that can react to form a toxic gas in separate housing facilities;

17. Design and isolate areas intended for storage and handling of chlorine and sulfur dioxide and other hazardous gases. Follow the provisions in 10 CSR 20-8.190(3) and 10 CSR 20-8.190(4) for chlorine and dechlorination;

18. Design an isolated fireproof storage area and explosion proof electrical outlets, lights, and motors for all powdered activated carbon storage and handling areas in accordance with federal, state, and local requirements;

19. Vent acid storage tanks to the outside atmosphere, but not through vents in common with day tanks;

20. Keep concentrated acid solutions or dry powder in closed, acid-resistant shipping containers or storage units; and 21. Pump concentrated liquid acids in undiluted form from the original container to the point of treatment or to a covered storage tank. Do not handle in open vessels.

(C) Chemical Handling Design. The following shall be provided, where applicable, for the design of chemical handling:

1. Make provisions for measuring quantities of chemicals used for treatment or to prepare feed solutions over the range of design application rates;

2. Select storage tanks, piping, and equipment for liquid chemicals specific to the chemicals;

3. Install all liquid chemical mixing and feed installations on corrosion resistant pedestals;

4. Provide sufficient capacity of solution storage or day tanks feeding directly for twenty-four- (24-) hour operation at design average flow;

5. Provide a minimum of two (2) chemical feeders for continuous operability. Provide a standby unit or combination of units of sufficient capacity to replace the largest unit outof-service;

6. Chemical feeders shall— A. Be designed with chemical feed equipment to meet the maximum dosage requirements for the design average flow conditions;

B. Be able to supply, at all times, the necessary amounts of chemicals at an accurate rate throughout the range of feed;

C. Provide proportioning of chemical feed to the rate of flow where the flow rate is not constant;

D. Be designed to be readily accessible for servicing, repair, and observation;

E. Protect the entire feeder system against freezing;

F. Be located adjacent to points of application to minimize length of feed lines;

G. Provide for both automatic and manual operation for chemical feed control systems;

H. Utilize automatic chemical dose or residual analyzers, and where provided, include alarms for critical values and recording charts;

I. Provide screens and valves on the chemical feed pump suction lines; and J. Provide an air break or anti-siphon device where the chemical solution enters the water stream;

7. Dry chemical feed system shall— A. Be equipped with a dissolver capable of providing a minimum retention period of five (5) minutes at the maximum feed rate;

B. Be equipped with two (2) solution vessels and transfer piping for polyelectrolyte feed installations;

C. Have an eductor funnel or other appropriate arrangement for wetting the polymer during the preparation of the stock feed solution on the makeup tanks;

D. Provide adequate mixing by means of a large diameter, low-speed mixer;

E. Make provisions to measure the dry chemical volumetrically or gravimetrically; and F. Completely enclose chemicals and prevent emission of dust;

8. Provide for uniform strength of solution consistent with the nature of the chemical solution for solution tank dosing;

9. Use solution feed pumps to feed chemical slurries that are not diaphragm or piston type positive displacement types;

10. Provide continuous agitation to maintain slurries in suspension;

11. Provide a minimum of two (2) flocculation tanks or channels having a combined detention period of twenty to thirty (20 – 30) minutes. Provide independent controls for each tank or channel;

12. Insulate pipelines carrying soda ash at concentrations greater than twenty percent (20%) solution to prevent crystallization; and 13. Prohibit bagging soda ash in a damp or humid place.

(D) Chemical Safety. The following shall be provided in addition to the safety provisions in section (8) of this rule:

1. Appropriate personal protective equipment (PPE).

2. Eye wash fountains and safety showers. Eye wash fountains and safety showers utilizing potable water shall be provided in the laboratory and on each level or work location involving hazardous or corrosive chemical storage, mixing (or slaking), pumping, metering, or transportation unloading. The design of eye wash fountains and safety showers shall include A. Eye wash fountains with water of moderate temperature, fifty degrees to ninety degrees Fahrenheit (50°–90°F), suitable to provide fifteen to thirty (15–30) minutes of continuous irrigation of the eyes;

B. Emergency showers capable of discharging twenty gallons per minute (20 gpm) of water of moderate temperature, fifty degrees to ninety degrees Fahrenheit (50°–90°F), and at pressures of thirty to fifty pounds per square inch (30–50 psi);

C. Eye wash fountains and emergency showers located no more than twenty-five feet (25') from points of hazardous chemical exposure; and D. Eye wash fountains and showers that are to be fully operable during all weather conditions; and 3. Warning signs. Warning signs requiring use of goggles shall be located near chemical stations, pumps, and other points of frequent hazard.

(E) Chemical Container Identification. The identification and hazard warning data included on shipping containers, when received, shall appear on all containers (regardless of size or type) used to store, carry, or use a hazardous substance.

##### **10 CSR 20-8.150** Preliminary Treatment sign of preliminary treatment units that are part of wastewater collection and treatment systems. {#sec-10-csr-20-8.150 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.150}

This rule is to be used with rules (1) Applicability. Wastewater systems that utilize preliminary (A) This rule shall not apply to treatment units covered in 10 (B) This rule shall not apply to treatment units covered in 10 (2) General. All wastewater treatment facilities must have a screening device, comminutor, or septic tank for the purpose of removing debris and nuisance materials from the influent wastewater.

(3) Grease Interceptors. Grease interceptors shall be provided on kitchen drain lines from institutions, hospitals, hotels, restaurants, schools, bars, cafeterias, clubs, and other establishments from which relatively large amounts of grease may be discharged to a wastewater treatment facility owned by the grease-producing entity. Grease interceptors are typically constructed from fiberglass reinforced polyester, high density polyethylene (HDPE), or concrete. For corrugated HDPE grease interceptors, follow ASTM F2649 – 14 Standard Specification for Corrugated High Density Polyethylene (HDPE) Grease Interceptor Tanks, as approved and published September 1, 2014. For precast concrete grease interceptor tanks, follow ASTM C1613 – 17 Standard Specification for Precast Concrete Grease Interceptor Tanks, as approved and published September 1, 2017. These standards shall hereby be incorporated by reference into this

rule, as published by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. This

rule does not incorporate any subsequent amendments or additions.

(4) Screening Devices.

(A) General.

1. Freeze protection. All screening devices and screening storage areas shall be protected from freezing.

2. Provisions shall be made for isolating or removing screening devices from their location for servicing.

3. Safety.

A. Railings and gratings.

(I) Manually cleaned screen channels shall be protected by guard railings and deck gratings with adequate provisions for removal or opening to facilitate raking.

(II) Mechanically cleaned screen channels shall be protected by guard railings and deck gratings. Give consideration to temporary access arrangements to facilitate maintenance and repair.

B. Mechanical devices.

(I) Mechanical screening equipment shall have adequate removal enclosures to protect facility personnel against accidental contact with moving parts and to prevent dripping in multi-level installations.

(II) A positive means of locking out each mechanical device shall be provided.

(III) An emergency stop button with an automatic reverse function shall be located in close proximity to the mechanical device.

C. Electrical Equipment, Fixtures, and Controls. Electrical equipment, fixtures, and controls in screening area where hazardous gases may accumulate shall meet the requirements of the electrical code referenced in 10 CSR 20-8.140(7)(B).

(B) Screens. Where two (2) or more mechanically cleaned screens are used, the design shall provide for taking the largest unit out-of-service without sacrificing the capability to handle the average design flow. Where only one mechanically cleaned screen is used, it shall be sized to handle the design peak instantaneous flow.

(5) Comminutors. Provisions for location and safety shall be in accordance with screening devices, paragraph (4)(A)3. of this

rule.

(6) Grit removal facilities are required for wastewater treatment facilities that— (A) Utilize membrane bioreactors for secondary treatment;

(B) Utilize anaerobic digestion;

(C) Receive wastewater from combined sewers; or (D) Receive wastewater from collection systems that receive substantial amounts of grit.

##### **10 CSR 20-8.160** Settling sign of settling operations that are part of wastewater collection (1) Applicability. Wastewater systems that utilize settling shall be designed based on criteria contained in this rule, published standards, applicable federal and state requirements, standard textbooks, current technical literature, and applicable safety standards. In the event of any conflict between the above criteria, the requirement in this rule shall prevail. {#sec-10-csr-20-8.160 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.160}

(A) This rule shall not apply to treatment units covered in 10 (B) This rule shall not apply to treatment units covered in 10 (2) General Considerations.

(A) Number of Units. Multiple settling units capable of independent operation are desirable and shall be provided in all wastewater treatment facilities where design flows exceed one hundred thousand (100,000) gallons per day (gpd). Wastewater treatment facilities without multiple settling units shall be designed to include other provisions to assure continuity of treatment.

(B) Flow Distribution. Effective flow splitting devices and control appurtenances (e.g. gates and splitter boxes) shall be provided to permit proper proportioning of flow and solids loading to each settling unit, throughout the expected range of flows.

(3) Design.

(A) Side Water Depth. The minimum side water depth shall be as follows in Table 160-1 below:

(B) Surface Overflow Rates.

1. Primary settling tanks. Calculate the surface overflow rates for both design average flow and design peak hourly flow from Table 160-2 below. The larger area shall determine the size of the settling tank.

2. Final settling tanks – attached growth biological reactors. Surface overflow rates for settling tanks following attached growth biological reactors shall not exceed one thousand two hundred gallons per day per square foot (1,200 gpd/ ft ) based on the design peak hourly flow.

3. Final settling tanks – activated sludge. The following design criteria in Table 160-3, included herein, shall not be exceeded:

(C) Weirs.

1. General. Overflow weirs shall be readily adjustable over the life of the structure to correct for differential settlement of the tank.

2. Design rates. The following weir loadings in Table 160-4, below, shall not be exceeded:

(D) Submerged Surfaces. The underside and the tops of troughs, beams, and similar submerged construction elements shall have a minimum slope of one vertical to one horizontal (1:1) to prevent the accumulation of scum and solids.

(E) Freeboard. Walls of settling tanks shall extend at least six inches (6") above the surrounding ground surface and shall provide not less than twelve inches (12") of freeboard.

(4) Sludge Removal.

Table 160-1. Minimum Side Water Depth.

Type of Settling Tank Minimum Side Water Depth (ft)

Primary (>100,000 gpd) 10 Primary (<100,000 gpd) 7 Final following activated sludge process 12 Final following attached growth biological reactor (>100,000 gpd) 10 Table 160-2. Maximum Primary Settling Tank Surface Overflow Rates.

Type of Primary Settling Tank Surface Overflow Rates :

At Design Average Flow At Design Peak Hourly Flow Tanks not receiving waste activated sludge 1,000 3,000 Tanks receiving waste activated sludge 700 1,700 Chemically enhanced 1,400 1,500 Calculate surface overflow rates with all flows received at the settling tanks.

Table 160-1. Minimum Side Water Depth.

Type of Settling Tank Minimum Side Water Depth (ft)

Primary (>100,000 gpd) 10 Primary (<100,000 gpd) 7 Final following activated sludge process 12 Final following attached growth biological reactor (>100,000 gpd) 10 Table 160-2. Maximum Primary Settling Tank Surface Overflow Rates.

Type of Primary Settling Tank Surface Overflow Rates :

At Design Average Flow At Design Peak Hourly Flow Tanks not receiving waste activated sludge 1,000 3,000 Tanks receiving waste activated sludge 700 1,700 Chemically enhanced 1,400 1,500 Calculate surface overflow rates with all flows received at the settling tanks.

Table 160-4. Maximum Weir Loading Rates.

Average Wastewater Treatment Facility Capacity (million gallons per day or MGD)

Loading Rate at Design Peak Hourly Flow (gpd/lf)

Less than 0.1 10,000 0.1 through 1.0 20,000 Greater than 1.0 30,000 Table 160-3. Maximum Activated Sludge Final Settling Tank Rates.

Treatment Process Surface Overflow Rate at Design Peak Hourly Flow Peak Solids Loading Rate (lb/day/ft With diurnal flow equalization 1,000 35 Without diurnal flow equalization 150 x Peaking Factor Conventional, Step Aeration, Complete Mix, Contact Stabilization, Carbonaceous Stage of Separate Stage 1,200 Extended Aeration Single-Stage 1,000 35 Multi-Stage 800 35 Activated Sludge with Chemical addition to Mixed Liquor for Phosphorus Removal 900 35 Based on influent flow only.

Calculate the peak solids loading rate based on the design maximum day flow rate plus the design maximum return sludge rate requirement and the design mixed liquor suspended solids under aeration.

Applicable to wastewater treatment facilities with a design average flow of less than one hundred thousand gallons per day (100,000 gpd).

To determine the peaking factor use 10 CSR 20-8.110(3) Equation 110-1.

Wastewater treatment facilities needing to meet twenty milligrams per liter (20 mg/L) suspended solids or less should reduce the surface overflow rate to one thousand gallons per day per square foot (1,000 gpd/ft (A) Settling floor. The minimum slope of the settling floor shall be one vertical to twelve horizontal (1:12) for conventional settling tanks and one vertical to one hundred ninety-two horizontal (1:192) for suction style settling tanks.

(B) Sludge hopper. The minimum slope of the sludge hopper side walls shall be one and seven tenths vertical to one horizontal (1.7:1) (i.e., sixty degrees (60°) above the horizontal).

(C) When used, dual sludge hoppers shall provide a minimum water depth of two feet (2') over the connecting wall that is between hoppers.

(5) Protective and Service Facilities.

(A) Operator Protection. Safety features shall appropriately include machinery covers, life lines, handrails on all stairways and walkways, and slip resistant surfaces. For additional safety follow the provisions listed in 10 CSR 20-8.140(8).

(B) Mechanical Maintenance Access. The design shall provide for convenient and safe access to routine maintenance items such as gear boxes, scum removal mechanism, baffles, weirs, inlet stilling baffle areas, and effluent channels.

(C) Electrical Equipment, Fixtures, and Controls. For electrical equipment, fixtures, and controls in enclosed settling basins and scum tanks, where hazardous concentrations of flammable gases or vapors may accumulate, follow the provisions in 10 CSR 20-8.140(6)(B). The fixtures and controls shall be conveniently located and safely accessible for operation and maintenance.

##### **10 CSR 20-8.170** Solids Handling and Disposal sign of solids handling and disposal operations that are part of wastewater collection and treatment systems. {#sec-10-csr-20-8.170 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.170}

This rule is to be used with rules 10 CSR 20-8.110 through 10 CSR 20-8.210. It does not address all aspects of design, and the design engineer may refer to other appropriate reference materials so long as these minimum standards set forth in this rule are met.

(1) Applicability. Wastewater systems that utilize solids handling and disposal shall be designed based on criteria contained in this rule, published standards, applicable federal and state requirements, standard textbooks, current technical literature, and applicable safety standards. In the event of any conflict between the above criteria, the requirement in this

rule shall prevail.

(A) This rule shall not apply to treatment units covered in 10 (B) This rule shall not apply to treatment units covered in 10 (2) General Design Considerations. Systems to which this rule applies shall comply with 10 CSR 20-8.140(7) and (8).

(3) Gravity Sludge Thickeners. For the minimum side water depth, follow the provisions listed in Table 160-1 in 10 CSR 20- 8.160(3)(A).

(4) Anaerobic Solids Digestion.

(A) General.

1. Safety. Gas detectors shall be provided for emergency use.

2. Alarm systems shall be provided in accordance with 10 CSR 20-8.140(7)(C) to warn of:

A. Any drop of the liquid level below minimum operating elevation; and B. Low pressure in the space above the liquid level.

(B) High Level Emergency Overflow. An unvalved vented overflow shall be provided to prevent damage to the digestion tank and cover in case of accidental overfilling. Pipe this emergency overflow back to the treatment process or side stream treatment facility.

(C) Gas Collection, Piping, and Appurtenances.

1. Safety equipment. Where gas is produced, all necessary safety facilities shall:

A. Provide pressure and vacuum relief valves and flame traps, together with automatic safety shutoff valves and protect from freezing;

B. Not install water seal equipment; and C. House gas safety equipment and gas compressors in a separate room with an exterior entrance.

2. Piping galleries shall be ventilated in accordance with paragraph (4)(C)4. of this rule.

3. Electrical fixtures, equipment, and controls. Electrical fixtures, equipment, and controls shall comply with the National Electrical Manufacturers Association (NEMA) 4X enclosure rating where necessary; NEMA Standard 250-2014, published December 15, 2014. This standard shall be incorporated by reference into this rule, as published by National Electrical Manufacturers Association, 1300 North 17th Street, Arlington, VA 22209. This rule does not incorporate any subsequent amendments or additions. Electrical equipment, fixtures, and controls, in places enclosing and adjacent to anaerobic digestive appurtenances where hazardous gases are included.

4. Ventilation. Any underground enclosures connecting with digestion tanks or containing solids or gas piping or equipment shall be provided with forced ventilation in accordance with 10 CSR 20-8.140(8)(J).

(D) Water Supply. Water supplies using indirect connections shall comply with 10 CSR 20-8.140(7)(D).

(5) Aerobic Solids Digestion High Level Emergency Overflow.

An unvalved emergency overflow shall be provided that will convey digester overflow to the treatment plant headworks, the aeration process, or to another liquid sludge storage facility and that has an alarm for high level conditions.

(6) For solids pumping systems, audio-visual alarms shall be provided in accordance with 10 CSR 20-8.140(7)(C) for:

(A) Pump failure;

(B) Pressure loss; and (C) High pressure.

(7) Solids Dewatering.

(A) Belt presses and conveyors shall be provided with emergency shutoff controls along the entire length of the belt presses and conveyors that will— 1. Stop the press in an emergency; and 2. Trigger an audible alarm.

(B) Alarm systems shall be provided to notify the operator(s) of conditions that could result in process equipment failure or damage, threaten operator safety, or a solids spill or overflow condition.

(8) Sludge and Biosolids Storage Lagoons. The sludge lagoon bottoms and embankments shall be sealed in accordance with 10 CSR 20-8.200(4)(C) to prevent leaching into adjacent soils or groundwater.

##### **10 CSR 20-8.180** Biological Treatment sign of biological treatment that is part of wastewater collection (1) Applicability. Wastewater systems that utilize biological (A) {#sec-10-csr-20-8.180 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.180}

This rule shall not apply to treatment units covered in 10 (B) This rule shall not apply to treatment units covered in 10 (2) Septic Tanks.

(A) A septic tank must have a minimum capacity of at least one thousand (1,000) gallons.

(B) The septic tank shall be baffled.

(3) Recirculating Media Filters.

(A) Location. Recirculating media filters shall be located in accordance with the minimum separation distances at 10 CSR 20-8.140(2)(C)(2).

(B) Filter Bed. A minimum of two (2) filter beds and a diversion box are required for all design flows.

(C) Dosing. Both timer and float switch controls are required; timers are the primary method of operation and the float switch control is a back-up.

(D) Loading. Hydraulic loading rate shall— 1. Follow the manufacturer’s recommendation for synthetic media filters; and 2. Not exceed three and one-half gallons per day per square foot (3.5 gpd/sqft) for sand or rock filters.

(E) Media Characteristics. The media is any of a number of physical structures whose sole purpose is to provide a surface to support biological growth. Commonly used media includes rock, gravel, and sand of various sizes, textile media, and peat.

Finely crushed limestone, dolomite, slag, any clay, limestone, or appreciable amounts of organic material is not acceptable.

1. Rock, sand, and gravel media, when used shall– A. Be a total of at least thirty-three inches (33") deep; and B. Have at least twenty-four inches (24") of fine filtering media.

(4) Trickling Filters.

(A) General. Trickling filters may be used for treatment of wastewater amenable to treatment by aerobic biologic processes.

(B) Media.

1. Media depth shall— A. Be a minimum depth of five feet (5') above the underdrains for rock filter media;

B. Be a minimum depth of ten feet (10') for manufactured filter media to provide adequate contact time with the wastewater; and C. Be no more than ten feet (10') for rock filter media.

2. Size and grading of rock and similar media shall— A. Contain no more than five percent (5%) by weight of pieces whose longest dimension is three (3) times the least dimension;

B. Be free from thin elongated and flat pieces, dust, clay, sand, or fine material; and C. Conform to the following size and grading as shown in Table 180-1, included herein, when mechanically graded over vibrating screen with square openings.

3. Manufactured and synthetic media material shall— A. Be used in accordance with all manufacturer’s recommendations;

B. Be insoluble in wastewater and resistant to flaking, spalling, ultraviolet degradation, disintegration, erosion, aging, common acids and alkalis, organic compounds, and biological attack;

C. Be evaluated to determine the suitability based on experience with an installation treating wastewater under similar hydraulic and organic loading conditions (include a relevant case history involving the use of the synthetic media);

D. Have a structure able to support the synthetic media, water flowing through or trapped in voids, and the maximum anticipated thickness of the wetted biofilm;

E. Support the maintenance activities, unless a separate provision is made for maintenance access to the entire top of the trickling filter media and to the distributor; and Table 180-1 Particle Size Distribution:

Screen Size Percent Passing by Weight 4.5 inches 100% 3 inches 0-95% 2 inches 0-0.2% 1 inch 0 to 0.1% F. Be placed with the edges matched as nearly as possible to provide consistent hydraulic conditions within the trickling filter.

(C) Underdrainage System.

1. Hydraulic capacity. The underdrains shall be designed with— A. Slopes of at least one percent (1%);

B. Effluent channels that produce a minimum velocity of two feet per second (2 fps) at average daily rate of application to the filter;

C. Underdrainage system, effluent channels, and effluent pipe that permit free passage of air;

D. Drains, channels, and pipe so that not more than fifty percent (50%) of their cross section area will be submerged under the design peak hydraulic loading, including proposed or possible future or recirculated flows.

(D) Forced Ventilation.

1. Forced ventilation for a trickling filter is required when— A. Designed for nitrification;

B. Designed with a media depth in excess of six feet (6'); or C. Designed where seasonal or diurnal temperatures do not provide sufficient difference between the ambient air and wastewater temperatures to sustain passive ventilation.

2. Minimum design airflow rate to nitrify using a trickling filter shall be the greater of— A. Fifty pounds (50 lbs) of oxygen provided per pound of oxygen demand at average organic loading, based on stoichiometry; or B. Thirty pounds (30 lbs) of oxygen provided per pound of oxygen demand at peak organic loading, based on stoichiometry.

(5) Activated Sludge.

(A) Basin lining. If using a synthetic liner, it shall be a minimum of thirty millimeters (30 mm) thick.

(B) Tank dimensions. Horizontally mixed aeration tanks shall have a depth of not less than five and a half feet (5.5').

(C) High purity oxygen, when used and enclosed. An enclosed high purity oxygen exhaust system shall be provided to collect and vent the reactor off-gases.

(6) Sequencing Batch Reactor (SBR).

(A) General. The minimum total basin volume shall be equal to the design daily influent flow volume and either upstream in-line or off-line storage is necessary to minimize influent flow during settling and decanting.

(B) Design. A minimum of two (2) reactor basins shall be installed.

(7) Membrane Bioreactor (MBR).

(A) General.

1. For wastewater treatment plants with a flow equal to or greater than one hundred thousand gallons per day (100,000 gpd), the MBR process must be designed with a minimum of two (2) membrane trains capable of treating the daily average flow with one (1) membrane cassette out of service.

2. Design flux criteria must be satisfied with one (1) membrane module out-of-service (e.g., for external clean in place, recovery cleaning, repair). For purposes of these criteria, a membrane module is the smallest membrane unit capable of separate removal from the tank while maintaining operation of other membrane units in the same tank.

3. Membranes placed in the aeration basin(s) rather than a separate membrane tank shall have— A. Individual modules and individual diffusers that can be removed separately for maintenance and repair; and B. Aeration basin(s) volume sized for complete nitrification.

(B) Preliminary Treatment. Each system shall— 1. Be consistent with the membrane manufacturer recommendations;

2. Comply with 10 CSR 20-8.150(6) for grit removal;

3. Provide oil and grease removal when the levels in the influent may cause damage to the membranes;

4. Provide a fine screen and high water alarm, designed to treat peak hourly flow. Coarse screens followed by fine screens may be used in larger facilities to minimize the complications of fine screening; and 5. Comply with 10 CSR 20-8.150(4)(B) for reliability.

(C) Aeration. The aeration blowers must provide adequate air for membrane scour and process demands.

(D) Redundancy. The facility shall have at least one (1) of the following:

1. The ability to run in full programmable logic control (PLC) or standby power mode in case of an automatic control failure;

2. An operational battery backup PLC if manual control is not possible; or 3. Sufficient standby power generating capabilities to provide continuous flow through the membranes during a power outage (e.g., preliminary screening, process aeration, recycle/ RAS/permeate pumps, air scour, vacuum pumps) or an adequate method to handle flow for an indefinite period (e.g., private control of influent combined with contingency methods).

(E) Operations and Maintenance. The MBR design shall— 1. Include provisions to monitor membrane integrity;

2. Provide on-line continuous turbidity monitoring of filtrate or an equivalent for operational control and indirect membrane integrity monitoring for a treatment plant with design average flow greater than or equal to one hundred thousand gallons per day (100,000 gpd); and 3. Include provisions to remove membrane cassette for cleaning considering the membrane cassette wet weight plus additional weight of the solids accumulated on the membranes.

(8) Moving Bed Bioreactor (MBBR). A MBBR secondary treatment system shall provide upstream preliminary treatment units capable of— (A) Screening to reduce pass-through and suspended solids;

(B) Grit removal; and (C) Oil and grease removal.

##### **10 CSR 20-8.190** Disinfection design of disinfection processes that are part of wastewater collection and treatment systems. {#sec-10-csr-20-8.190 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.190}

This rule is to be used with rules (1) Applicability. Wastewater systems that utilize disinfection shall be designed based on criteria contained in this rule, published standards, applicable federal and state requirements, standard textbooks, current technical literature, and applicable safety standards. In the event of any conflict between the above criteria, the requirement in this rule shall prevail.

(A) This rule shall not apply to treatment units covered in 10 (B) This rule shall not apply to treatment units covered in 10 (2) General.

(A) Emergency Power. Disinfection and dechlorination processes, when used, shall be provided during all power outages.

For additional emergency power requirements, refer to the provisions listed in 10 CSR 20-8.140(7).

(B) Secondary containment. Secondary containment shall comply with the provisions listed in 10 CSR 20-8.140(9)(A)2.

(3) Chlorine Disinfection.

(A) Contact period. A minimum contact period of fifteen (15) minutes at design peak hourly flow or maximum rate of pumpage shall be provided after thorough mixing.

(B) Gaseous Chlorine Housing.

1. Feed and storage rooms shall— A. Have chlorine gas feed and storage rooms constructed of fire and corrosion resistant material;

B. Provide a gas-tight room to separate equipment from any other portion of the building if gas chlorination equipment or chlorine cylinders are to be in a building used for other purposes;

C. Have smooth floor surfaces that are chemical resistant, impervious, and slip resistant. Floor drains are discouraged. Design floor drains, where provided, with the ability to be plugged and sealed;

D. Have doors to this room that only open to the outside of the building, and are equipped with panic hardware.

Provide door locks to prevent unauthorized access, but do not need a key to exit the locked room using the panic hardware;

E. Be well-lit with lights that are sealed so that they will continue working during a chlorine leak. Comply with 10 CSR 20-8.140(7)(B), requirements for Class I, Division 2, Group D locations when selecting lighting and electrical equipment;

F. Be at ground level and permit easy access to all equipment;

G. Separate storage areas for one- (1-) ton cylinders from the feed area; and H. Have designated areas for “full” and “empty” cylinder storage.

2. Heating and cooling.

A. Rooms containing disinfection equipment shall be provided with a means of heating and cooling so that a temperature of at least sixty degrees Fahrenheit (60° F) and no more than eighty-six degrees Fahrenheit (86°F) can be maintained.

B. Heating or air conditioning equipment provided for the chlorinator room shall be separate from central heating and air conditioning systems to prevent chlorine gas from entering the central system and central heating or cooling ducts are not allowed to terminate or pass through a chlorinator room.

3. Ventilation shall conform to the following:

A. Install forced mechanical ventilation to provide one (1) complete fresh air change per minute when the chlorinator room is occupied. Construct fans of chemical resistant materials and have chemical proof motors. Squirrel cage type fans located outside the chlorinator room may be approved if the fan housings and ducting are airtight and made of chlorine and corrosion resistant material;

B. Locate the entrance to the air exhaust duct from the room no more than twelve inches (12") off the floor. Locate the point of discharge as not to contaminate the air inlet to any buildings or present a hazard at the access to the chlorinator room or other inhabited areas. Utilize louvers for air exhaust to facilitate airtight closure;

C. Locate air inlets as to provide cross ventilation. Place the outside air inlet at least three feet (3') above grade. Utilize louvers for air inlets to facilitate airtight closure; and D. Position the vent hose from the chlorinator to the outside atmosphere above grade. Provide passive vent screens.

4. Electrical controls. Switches for fans and lights shall be outside of the chlorinator room at the entrance.

5. Protective and respiratory gear. Where chlorine gas is present the applicant shall comply with 10 CSR 20-8.140(9)(D)1.

(C) Alarm System. The applicant shall conform to 10 CSR 20- 8.140(7)(C) and be responsible for specifying what the alarm requirements are necessary to assure consistent disinfection in compliance with the applicable bacteria limits and the disinfection residual limit in the effluent.

(D) Sampling Equipment. Sampling equipment shall be con- (4) Dechlorination.

(A) Containers. Dilution tanks and mixing tanks are required when using dry compounds and may be necessary when using liquid compounds to deliver the proper dosage.

(B) Mixing and Contact Requirements.

1. Mixing requirements. Solid dechlorination systems shall not be located in the chlorine contact tank.

2. Contact time. A minimum of thirty (30) seconds for mixing and contact time shall be provided at the design peak hourly flow or maximum rate of pumpage.

(C) Housing Requirements.

1. Feed and storage rooms. The requirements for housing sulfite gas equipment shall follow the same guidelines as for chlorine gas. For specific details follow the provisions listed in subsection (3)(B).

2. Protective and respiratory gear. See paragraph (3)(B)5. of this rule.

(D) Alarm System. See subsection (3)(C) of this rule.

(E) Sampling Equipment. Sampling equipment shall be con- (5) Ultraviolet Disinfection.

(A) Dosage and System Sizing.

1. General. The UV dosage shall be based on the design peak hourly flow, maximum rate of pumpage, or peak batch 2. Batch discharges. If no flow equalization is provided for a batch discharger, the dosage shall be based on the peak batch flow.

3. Bioassay. The UV system shall deliver the target dosage based on equipment derating factors and, if needed, have the UV equipment manufacturer verify that the scale up or scale down factor utilized in the design is appropriate for the specific application under consideration.

4. The design delivered UV dosage for a wastewater treatment facility shall be a minimum of thirty thousand microwatt seconds per centimeters squared (30,000 μW • s/cm ) based on MS-2 phage inactivation.

(B) Design.

1. Open channel systems. The combination of the total number of banks shall be capable of treating the design peak hourly flow, maximum rate of pumpage, or peak batch flow.

2. Closed vessel systems. The combination of the total number of closed vessels shall be capable of treating the design peak hourly flow, maximum rate of pumpage, or peak batch 3. Cleaning. Closed vessel systems utilizing medium-pressure lamps shall be provided with an automatic cleaning system in order to prevent algae growth.

(C) Monitoring and Alarms.

1. The UV system must continuously monitor and display at the UV system control panel the following minimum conditions:

A. The relative intensity of each bank or closed vessel system;

B. The operational status and condition of each bank or closed vessel system;

C. The ON/OFF status of each lamp in the system; and D. The total number of operating hours of each bank or each closed vessel system.

2. The UV system shall include an alarm system. Alarm systems shall comply with 10 CSR 20-8.140(7)(C).

(D) Electrical Controls. For electrical controls, follow the provisions listed in 10 CSR 20-8.140(7)(B) for electrical controls requirements.

(E) Sampling Equipment. Sampling equipment shall be con-

##### **10 CSR 20-8.200** Wastewater Treatment Lagoons, Wastewater Irrigation Alternatives, and Earthen Basins design of lagoons and wastewater irrigation alternatives that are {#sec-10-csr-20-8.200 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.200}

part of wastewater collection and treatment systems. This rule is to be used with rules 10 CSR 20-8.110 through 10 CSR 20-8.210. It does not address all aspects of design, and the design engineer may refer to other appropriate reference materials so long as these minimum standards set forth in this rule are met.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated (1) Applicability. Wastewater systems that utilize lagoons, earthen basins, and wastewater irrigation alternatives shall be designed based on criteria contained in this rule, published standards, applicable federal and state requirements, standard textbooks, current technical literature, and applicable safety standards. In the event of any conflict between the above criteria, the requirement in this rule shall prevail.

(A) This rule shall not apply to treatment units covered in 10 (B) This rule shall not apply to treatment units covered in 10 (C) This rule shall not apply to lagoons or earthen basins built to contain or control the release of stormwater only that does not come in contact with process waste or process wastewater.

(D) This rule shall not apply to any earthen basin constructed to retain and settle nontoxic, nonmetallic earthen materials such as soil, silt, and rock.

(2) Alternative Design. The department may approve an alternative design, after public participation in accordance with 10 CSR 20-6.020, when it determines that the proposed alternative design is as effective or more effective than the requirements of this chapter and when compliance with the design requirements of this chapter would be unfeasible or impractical.

The owner of a project proposing an alternative design must provide engineering justification to the department. The justification must— (A) Be requested in writing;

(B) Be signed, sealed, and dated by a professional engineer licensed in Missouri;

(C) Include an explanation of how compliance with a design requirement of this chapter is unfeasible or impractical; and (D) Include all pertinent facts, data, reports, and studies certifying the proposed alternative design will result in equivalent or improved effectiveness compared to the minimum design requirement in this chapter.

(3) Supplementary Field Data for the Facility Plan. The facility plan shall contain pertinent information on location, geology, soil conditions, area for expansion, and any other factors that will affect the feasibility and acceptability of the proposed project, including the information required per 10 CSR 20-8.110. The following information must be submitted:

(A) Lagoons and spray irrigation fields shall be located where stormwater runoff from the watershed is minimized;

(B) Geohydrologic Evaluation. A geohydrologic evaluation shall be requested from the department’s Missouri Geological Survey on all new lagoons, lagoon major modifications, earthen basins, earthen basin major modifications, new wastewater irrigation sites, and subsurface absorption fields.

Supplemental information may be submitted for consideration by the department.

1. Severe collapse potential. Lagoons and earthen basins shall not be located in areas with a severe collapse potential rating unless additional information supports an alternative determination by the department for the proposed location;

(C) Soils Investigation. Detailed soils investigations and reports shall be submitted for facilities surface irrigating more than twenty-four inches per year (24"/yr) and for all subsurface absorption fields. Soils reports shall comply with 10 CSR 20- 8.110(7);

(D) Where geosynthetic liners are used in storage or treatment basins for wastewaters of an industrial nature, the application shall— 1. Document that the liner or storage structure material is capable of containing the wastewater for at least twenty (20) years;

2. Specify repair or replacement procedures in the event of leakage or damage to the seal; and 3. Include an evaluation of secondary containment or leakage detection and collection devices for corrosive or reactive wastewaters and for toxic materials.

(4) Basis of Design.

(A) Area and Loadings for Discharging Lagoons.

1. Lagoon design for BOD loadings shall not exceed thirtyfour pounds per day per acre (34 lbs/day/acre) at the three-foot (3') operating depth in the primary cells.

2. Aerated lagoons. Aeration equipment shall be capable of— A. Maintaining the design level of dissolved oxygen within a particular cell with one (1) unit in the cell out of service;

B. Maintaining a minimum dissolved oxygen level of two milligrams per liter (2 mg/L) in the lagoon at all times;

C. Delivering one and four-tenths pounds of oxygen per pound of biochemical oxygen demand removed (1.4 lbs O /1 lb BOD); and D. Delivering an additional four and sixth-tenths pounds of oxygen per pound of ammonia nitrogen removal (4.6 lbs O /1 lb NH (B) Area and Loadings for Wastewater Irrigation Storage Basins. Treatment prior to surface irrigation shall provide performance equivalent to that obtained from a primary wastewater lagoon cell designed and constructed in accordance with section (5) of this rule, except that the lagoon depth may be increased to include wastewater storage in addition to the primary volume.

(5) Lagoon and Earthen Basin Construction Details.

(A) Embankments and Berms.

1. Berms shall be constructed of relatively impervious material and compacted to at least ninety-five percent (95%) maximum dry density test method to form a stable structure.

2. The minimum berm width shall be eight feet (8') to permit access of maintenance vehicles.

3. Minimum freeboard shall be two feet (2').

4. An emergency spillway shall be provided that— A. Prevents the overtopping and cutting of berms;

B. Is compacted and vegetated or otherwise constructed to prevent erosion; and C. Has the ability for a representative sample to be collected, if discharging.

(B) Lagoon and Earthen Basin Bottom. Soil shall be compacted with the moisture content between two percent (2%) below and four percent (4%) above the optimum water content and compacted to at least ninety-five percent (95%) maximum dry density test method.

(C) Lagoon and Earthen Basin Seal.

1. The lagoon or earthen basin shall be sealed to ensure that seepage loss is as low as possible and has a design permeability not exceeding 1.0 x 10 cm/sec.

2. Soil seals. The minimum thickness of the compacted clay liner must be twelve inches (12"). For permeability coefficients greater than 1.0 × 10 cm/sec or for design average operating depths over five feet (5'), such as an aerated lagoon system, the following formula shall be used to determine minimum seal thickness, Equation 200-1:

Equation 200-1 H × K t = ______________________ 5.4 × 10 cm/sec where:

K = the permeability coefficient of the soil in question;

H = the design average operating depth of water in the lagoon or earthen basin, excluding the inner berm depth; and t = the thickness of the soil seal.

3. Synthetic liners. Synthetic seals thickness may vary due to liner material, but the liner thickness shall be no less than two-hundredths inch (.02") or twenty (20) mil and be the appropriate material to perform under existing conditions.

4. Seep collars shall be provided on drainpipes where they pass through the lagoon or earthen basin seal.

(D) Influent Lines.

1. Unlined corrugated metal pipe shall not be used due to corrosion problems.

2. A manhole shall be installed with its invert at least six inches (6") above the maximum operating level of the lagoon or earthen basin, prior to the entrance into the primary cell, to provide sufficient hydraulic head without surcharging the manhole. For manhole installation, follow the provisions listed in 10 CSR 20-8.120(4).

3. The influent line(s) shall be located along the bottom of the lagoon or earthen basin so that the top of the pipe is just below the average elevation of the lagoon or earthen basin seal; however, there shall be an adequate seal below the pipe.

(6) Covers for Lagoon Retrofits.

(A) Lagoon covers shall be constructed with a minimum thickness of two-thousandths inch (.002"), two (2) mil, or meet the manufacturer’s recommendations, and be ultraviolet- and weather-resistant.

(B) Trial seams shall be used to verify acceptable installation techniques.

(C) The cover shall include a stormwater removal system that conveys collected precipitation to sumps or includes drainage areas in the membrane within the acceptable leakage rate to allow stormwater to drain into the lagoon.

(7) Surface Irrigation of Wastewater.

(A) Site Considerations. For site considerations, follow the provision in section (3) of this rule.

(B) Wetted Application Area. The wetted application area is the land area that is normally wetted by wastewater application. The wetted application area must be— 1. Located outside of flood-prone areas having a flood frequency greater than once every ten (10) years;

2. Established— A. At least one hundred fifty feet (150') from existing dwellings or public use areas, excluding roads or highways;

B. At least fifty feet (50') inside the property line;

C. At least three hundred feet (300') from any sinkhole, losing stream, or other structure or physiographic feature that may provide direct connection between the ground water table and the surface;

D. At least three hundred feet (300') from any existing potable water supply well not located on the property.

Adequate protection shall be provided for wells located on the application site;

E. One hundred feet (100') to wetlands, ponds, and gaining streams (classified or unclassified; perennial or intermittent); and F. If an established vegetated buffer or the wastewater is disinfected, the setbacks established in subsections (A)–(E) of this section may be decreased if the applicant demonstrates the risk is mitigated; and 3. Fenced, or if not fenced, provide in the construction permit application or the facility plan, the— A. Method of disinfection being utilized;

B. Suitable barriers in place; or C. Details on how public access is limited and not expected to be present.

(C) Preapplication Treatment. At a minimum, treatment prior to irrigation shall provide performance equivalent to that obtained from a primary wastewater lagoon cell designed and constructed in accordance with sections (4) and (5) of this

rule, except that the lagoon depth may be increased to include wastewater storage in addition to the primary volume.

1. The size of storage basins shall be based on the design wastewater flows and net rainfall minus evaporation expected for a one (1) in ten (10) year frequency for the storage period selected and shall meet the minimum storage days listed below.

A. Seventy-five (75) days for facilities located in Barry, Barton, Bollinger, Butler, Cape Girardeau, Carter, Christian, Dade, Dent, Douglas, Dunklin, Greene, Howell, Iron, Jasper, Lawrence, Madison, McDonald, Mississippi, New Madrid, Newton, Oregon, Ozark, Pemiscot, Perry, Reynolds, Ripley, Scott, Shannon, Stoddard, Stone, Taney, Texas, Wayne, Webster, and Wright counties.

B. Ninety (90) days for facilities located in Bates, Benton, Camden, Cedar, Cole, Crawford, Dallas, Franklin, Gasconade, Henry, Hickory, Jefferson, Laclede, Maries, Miller, Moniteau, Morgan, Osage, Phelps, Polk, Pulaski, St. Charles, St. Clair, St.

Francois, St. Louis, St. Louis City, Ste. Genevieve, Vernon, and Washington counties.

C. One hundred five (105) days for facilities located in Audrain, Boone, Callaway, Carroll, Cass, Chariton, Clay, Cooper, Howard, Jackson, Johnson, Lafayette, Lincoln, Monroe, Montgomery, Pettis, Pike, Platte, Ralls, Randolph, Ray, Saline, and Warren counties.

D. One hundred twenty (120) days for facilities located in Adair, Andrew, Atchison, Buchanan, Caldwell, Clark, Clinton, Daviess, DeKalb, Gentry, Grundy, Harrison, Holt, Knox, Lewis, Linn, Livingston, Macon, Marion, Mercer, Nodaway, Putnam, Schuyler, Scotland, Shelby, Sullivan, and Worth counties.

E. Seasonal facilities. For facilities that operate and generate flows only from April through October season, a minimum storage capacity of forty-five (45) days shall be provided. For facilities that operate or generate flows only from November through March, the minimum storage listed in subsections (A)–(D) of this section is required.

(D) Application Rates and Soils Information. The application rates for each individual site shall be based on topography, soils, geology, hydrology, weather, agricultural practice, adjacent land use, and application method. Application of wastewater shall not be allowed during periods of ground frost, frozen soil, saturated conditions, or precipitation events. In design of the application rates, the following shall apply:

1. Do not exceed the hourly application rate at the design sustained permeability rate except for short periods when initial soil moisture is significantly below field capacity. Do not exceed an hourly rate of one-half (½) the design sustained permeability for slopes exceeding ten percent (10%);

2. Base the daily and weekly application rates on soil moisture holding capacity, antecedent rainfall, and depth to the most restrictive soil permeability.

A. For facilities applying at twenty-four inches per year (24"/yr), the application rate cannot exceed one inch (1") per day and three inches (3") per week.

B. For facilities applying above twenty-four inches per year (24"/yr), the application rate cannot exceed the values determined in the soils report and loading design. Follow the provisions in 10 CSR 20-8.110(7), Soils Reports, for additional information; and 3. Design the maximum annual application rate not to exceed ten percent (10%) of the design sustained soil permeability rate for the number of days per year when soils are not frozen.

(E) The applicant shall defer the grazing of animals or harvesting of forage crops, as listed below, following wastewater irrigation, depending upon ambient air temperature and sunlight conditions:

1. Fourteen (14) days from grazing or forage harvesting during the period from May 1 to October 31 of each year; and 2. Thirty (30) days from grazing or forage harvesting during the period from November 1 to April 30 of each year.

(F) Public Access Areas. Wastewater shall be disinfected prior to irrigation (not storage) in accordance with 10 CSR 20-8.190.

1. The wastewater shall contain as few of the indicator organisms as possible and in no case contain more than one hundred twenty-six (126) Escherichia coliform colony forming units per one hundred milliliters (126 cfu/100 ml);

2. The public shall not be allowed into an area when irrigation is being conducted.

3. For golf courses utilizing wastewater, all piping and sprinklers associated with the distribution or transmission of wastewater shall be color-coded and labeled or tagged to warn against the consumptive use of contents.

(G) Alarm System. An automatic notification alarm system shall be installed on the pressure monitoring system, on each pivot and pump system, and be capable of notifying an on-call operator when a fault occurs in the system.

(8) Subsurface Absorption Systems.

(A) Site Restrictions.

1. Subsurface systems shall— A. Exclude unstabilized fill and soils that have been highly compacted and/or disturbed, such as old road beds, foundations, or similar things;

B. Provide adequate surface drainage where slopes are less than two percent (2%);

C. Provide surface and subsurface water diversion where necessary, such as a curtain or perimeter drain; and D. Have a ten-foot (10') buffer from the property line.

2. The vertical separation between the bottom of the drip lines and/or the trench and a limiting layer, including but not limited to bedrock, restrictive horizon, or seasonal high water table, shall be no less than— A. Twenty-four inches (24"); or B. Twelve inches (12") for systems dispersing secondary or higher quality effluent; or C. Forty-eight inches (48") where karst features are present.

(B) Preliminary treatment. Subsurface systems shall be, at a minimum, preceded by preliminary treatment. For design of a secondary treatment system, follow the provisions in 10 CSR 20-8.180 or section (4) of this rule.

(C) Loading rates shall not exceed the values assigned by the site and soil evaluation.

(9) Low Pressure Pipe (LPP) Subsurface Systems.

(A) Design.

1. The LPP system shall be sized in accordance with the following equations, Equation 200-2 and Equation 200-3:

Equation 200-2 Q A = LTAR and Equation 200-3 A L = 5 ft where:

A = Minimum LPP soil treatment area (square feet (sq.ft))

L = Minimum total length of LPP trench (ft)

Q = Maximum daily wastewater flow (gallons per day (gpd))

LTAR = Long term acceptance rate (gpd/sq.ft). This is the lowest reported LPP soil loading rate between the soil surface and at least twelve inches (12") below the specified LPP trench bottom, or as approved by the Missouri Department of Natural Resources (department).

2. All network piping and low pressure distribution piping and fittings with polyvinyl chloride (PVC) shall meet ASTM Standard D 1785 Standard Specification for Poly(Vinyl Chloride)

(PVC) Plastic Pipe, Schedules 40, 80, or 120 as approved and published August 1, 2015, or equivalent rated to meet or exceed ASTM D2466 Standard Specification for Poly(Vinyl Chloride) (PVC)

Plastic Drain, Waste, and Vent Pipe and Fittings as approved and published August 1, 2017. These standards are incorporated by reference into this rule, as published by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. This rule does not incorporate any subsequent 3. Manifold design shall address freeze protection while assuring uniform distribution and to minimize drain down of laterals into other laterals at a lower elevation between dosing events.

(B) Dosage. The dosing frequency shall be based on the soils report and the dosing volume in zoned systems.

(C) Orifices and Orifice Shielding.

1. The orifice number and spacing shall be designed to provide a distribution of no more than six (6) square feet per orifice with an orifice size of not less than one-eighth (1/8) inch.

2. The distal pressure shall be designed and maintained at the end of each lateral to be no less than two feet (2 ft) (0.87 psi) when using three-sixteenth inch (3/16") or larger diameter orifices, and no less than five feet (5 ft) (2.18 psi) when using orifices smaller than three-sixteenth inch (3/16").

(10) Drip Dispersal Subsurface Systems.

(A) Design.

1. The location and size of the drains and buffers must be factored into the total area required for the drip dispersal system.

2. The drip dispersal system shall be sized with the minimum soil treatment area and total length, in accordance with the following equations, Equation 200-4 and Equation 200-5:

Equation 200-4 Q A = HLR Equation 200-5 A L = _____ 2 feet Where:

A = Minimum soil treatment area (square feet (sq. ft))

Q = Maximum daily wastewater flow (gallons per day (gpd))

HLR = Maximum hydraulic loading rate determined in the soils report (gpd/sq.ft)

L = Minimum total length of drip dispersal lines (ft)

(B) Lines.

1. The drip dispersal lines shall be placed at a minimum depth of six inches (6") below the surface.

2. Emitters and drip dispersal lines shall be placed at a minimum on a two-foot (2') spacing to achieve even distribution of the wastewater and maximum utilization of the soil. effective Feb. 28, 2019. Amended: Filed June 14, 2024, effective Jan. 30, 2025. *Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012, 2014.

##### **10 CSR 20-8.210** Supplemental Treatment sign of supplemental treatment processes that are part of wastewater collection and treatment systems. {#sec-10-csr-20-8.210 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.210}

This rule is to be used with rules 10 CSR 20-8.110 through 10 CSR 20-8.210. It does not address all aspects of design, and the design engineer may refer to other appropriate reference materials so long as these minimum standards set forth in this rule are met.

(1) Applicability. Wastewater systems that utilize supplemental ments, standard textbooks, current technical literature and ap- (A) This rule shall not apply to treatment units covered in 10 (B) This rule shall not apply to treatment units covered in 10 (2) Polishing Reactors.

(A) Design. The process shall— 1. Provide a minimum hydraulic retention time of three (3) hours;

2. Be based on actual reactor influent characteristics;

3. Be based on Biochemical Oxygen Demand loading rate of forty-eight pounds per one thousand cubic feet per day (48 lbs BOD/1,000 cf/day) or less;

4. Be sized using less than two tenths a pound TKN per one thousand square feet per day (0.2 lbs TKN/1,000 ft /day) when nitrifying;

5. Provide sufficient alkalinity with a minimum residual of fifty milligrams per liter (50 mg/L) in the effluent or include chemical treatment;

6. Include cold weather provisions, such as heaters, insulated covers, installation of temperature controlled enclosures for above-ground components to prevent freezing and to ensure ammonia removal; and 7. Provide a blower malfunction alarm able to notify the operator of alarm activations through audio-visual means.

(3) Filtration.

(A) Filtration systems shall be preceded with additional process, such as chemical coagulation and sedimentation or other acceptable process, when:

1. Permit requirements for total suspended solids (TSS) are less than ten milligrams per liter (10 mg/L);

2. Effluent quality is expected to fluctuate significantly;

3. Significant amounts of algae are present; or 4. The manufacturer recommends an additional process.

(B) General Design.

1. Filtration systems shall have:

A. Convenient access to all components and the media surface for inspection and maintenance without taking other units out of service;

B. Enclosed controls and heating and ventilation equipment to control humidity; and C. The capacity to process the design average flow to the filters with the largest unit out of service utilizing a minimum of two (2) units.

2. Flocculation. For filtration systems requiring coagulation and flocculation prior to the filtration, the flocculation system shall:

A. Include chemical feed equipment to meet the system’s anticipated peak design flow and the ability to proportion chemical feed rates; and B. Ensure the rapid dispersion and mixing of chemicals throughout the wastewater by providing mechanical or in-line static mixers.

(C) Deep bed filters.

1. The design of manifold type filtrate collection or underdrain systems shall:

A. Minimize loss of head in the manifold and baffles;

B. Provide the ratio of the area of the underdrain orifices to the entire surface area of the filter media at about three one-thousandths (0.003);

C. Provide the total cross-sectional area of the laterals at about twice the area of the final openings; and D. Provide a manifold that has a minimum cross sectional area that is one and one half (1.5) times the total area of the laterals.

2. All rotary surface wash devices shall provide adequate surface wash water to provide one half to one gallon per minute per square foot (0.5-1.0 gpm/ sq ft) of filter area.

(D) Shallow bed filters. The shallow bed filter shall:

1. Comply with the manufacturer’s recommendations at average design flow;

2. Provide multiple unit operations to allow for continuous operability and operational variability;

3. Consist of a series of up to eight inch (8") filter increments having a minimum total media depth of eleven inches (11"), if using filter media except for sand media.

4. Have an effective size in the range of four-tenths millimeter to sixty-five hundredths millimeters (0.40 mm-0.65 mm) and a uniformity coefficient of one and one half (1.5) or less, if utilizing sand media;

5. Include inlet ports located throughout the length of the filter.

6. Provide an underdrainage system along the entire length of the filter so that filter effluent is uniformly withdrawn without clogging outlet openings.

7. Have a traveling bridge mechanism which— A. Provides support and access to the backwash pumps and equipment;

B. Is constructed of corrosion resistant materials;

C. Provides for consistent tracking of the bridge;

D. Provides support of the power cords; and E. Initiates a backwash cycle automatically when a preset head loss through the filter media occurs.

(E) Cloth/Disc Filters.

1. Media Design. The media shall:

A. Have an average pore size of no larger than thirty (30) microns;

B. Follow the manufacturer’s recommendations; and C. Be chemical-resistant if the filter will be exposed to chemicals, such as chlorine or disinfectants.

2. Filtration Rates and Hydraulics. The design shall— A. Base the filtration rate on the effective submerged surface area of the media and provide a maximum filtration rate for peak flow of not more than six and one half gallons per minute per square foot (6.5 gpm/sq ft) of submerged cloth media; and B. Be able to treat the design flow rate with one (1) filter unit in backwash mode.

(4) Microscreening.

(A) Screen Material. The microfabric shall be a material demonstrated to be durable through long-term performance data.

(B) Backwash. All backwash shall be recycled for treatment.

(5) In-stream Diffusers.

(A) General.

1. The mixing zone shall not encroach on a drinking water intake, recreation area, or sensitive habitat, overlap the next downstream outfall, or occlude a downstream tributary.

2. Diffuser installation requires notification and an Army Corps of Engineers permit.

(B) Diffuser Design Criteria.

1. The pipeline shall be contained within approved property boundaries or easements.

2. Maximum port velocity shall not exceed fifteen feet per second (15 fps).

##### **10 CSR 20-8.220** Land Treatment {#sec-10-csr-20-8.220 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.220}

(Rescinded February 28, 2019)

**History**
- *AUTHORITY: section 644.026, RSMo Supp. 1988. Original rule filed Aug. 10, 1978, effective March 11, 1979. Rescinded: Filed June 15, 2018, effective Feb. 28, 2019.*

##### **10 CSR 20-8.300** Design of Concentrated Animal Feeding Operations sign of animal waste management systems. It does not address all (1) Applicability. {#sec-10-csr-20-8.300 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.300}

This rule applies to all new or expanding Concentrated Animal Feeding Operations (CAFOs), however, only those applicants that are constructing earthen basins are required to obtain construction permits. The Missouri Department of Natural Resources (department) will not examine the adequacy or efficiency of the structural, mechanical, or electrical components of the concentrated animal feeding operation systems, only adherence to rules and regulations.

(2) Definitions.

(A) Definitions as set forth in the Missouri Clean Water Law,

Chapter 644, Concentrated Animal Feeding Operation (Hog Bill) section 640.703, RSMo, 10 CSR 20-2.010, and 10 CSR 20-6.300 shall apply to the terms in this rule unless otherwise defined by subsection (2)(B) below.

(B) Other applicable definitions are as follows:

1. Design storage period—The calculated number of days that will fill the manure storage structure from the lower to the upper operating level for a covered storage structure or from the lower to the upper operating level for an uncovered, liquid storage structure during a period of average rainfall minus evaporation (R-E).

A. For a design storage period of fewer than three hundred sixty-five (365) days, the largest consecutive average monthly R-E, corresponding with the number of months of the storage period, shall be used.

B. For multiple storage stages, the storage period is the sum of available storage days in each stage.

C. For covered liquid manure storage structures, the upper operating level is one foot (1') below the top of the structure;

2. Freeboard—The elevation difference between the bottom of the spillway to the top of the berm for an earthen basin;

3. Groundwater table—The seasonal high water level occurring beneath the surface of the ground, including underground watercourses, artesian basins, underground reservoirs and lakes, aquifers, other bodies of water located below the surface of the ground, and water in the saturated zone. For the purposes of this rule, groundwater table does not include the perched water table;

4. Manure—The fecal and urinary excretion of animals;

5. Manure storage structure—A fabricated structure or earthen basin used to store manure, litter, and/or process wastewater;

6. Rainfall minus evaporation (R-E)— The average depth of monthly liquid precipitation minus evaporation as published in the most recent National Weather Service Climate Atlas for the geographical region of the proposed structure;

7. Safety depth—One foot (1') of liquid depth or the depth needed to hold the volume of the ten- (10-) year, ten- (10-) day storm, whichever is greater;

8. Solid manure—Manure that can be stacked without free flowing liquids;

9. Safety volume—The volume of wastewater stored between the upper pumpdown and emergency spillway crest;

10. Storage lagoon—A lagoon that does not have adequate volume to accomplish treatment;

11. Storage volume—The volume of manure, runoff, washwater, rainfall, and additional water sources between the lower and upper operating levels;

12. Ten- (10-) year, ten- (10-) day storm—The depth of rainfall occurring in a ten- (10-) day duration over a ten- (10-) year return frequency as defined by the most recent publication of the National Weather Service Climate Atlas for the geographical region of the proposed manure storage structure;

13. Total storage capacity—The combined volume of storage and safety volumes stored between the lower pumpdown level and emergency spillway crest;

14. Treatment volume—The permanent volume maintained below the lower pumpdown designed for anaerobic treatment of manure based on latitude;

15. Waste treatment lagoon—A lagoon that is sized to have three hundred sixty-five (365) days of storage volume and adequate treatment volume;

16. Wastewater—A combination of manure, washwater, runoff, rainfall, and process wastewater; and 17. Wastewater flow—The annual rate of wastewater contributed to an animal waste management system.

(3) Permit Application Documents. All engineering documents shall be prepared by, or under the direct supervision of, a registered professional engineer licensed to practice in Missouri.

(4) Location.

(A) Protection from Flooding—Manure storage structures, confinement buildings, open lots, composting pads, and other manure storage areas in the production area shall be protected from inundation or damage due to the one hundred- (100-) year flood.

(B) The minimum setback distances from manure storage structures, manure storage areas, confinement buildings, open lots, or mortality composters shall be as follows:

1. Ten feet (10') to public water supply pipelines;

2. Fifty feet (50') to property lines;

3. Fifty feet (50') to public roads;

4. One hundred feet (100') to wetlands, ponds, or lakes not used for human water supply;

5. One hundred feet (100') to gaining streams (classified or unclassified; perennial or intermittent);

6. Three hundred feet (300') to human water supply lakes or impoundments; and 7. Three hundred feet (300') to losing streams (classified or unclassified; perennial or intermittent) and sinkholes.

(C) Distances from earthen basins shall be measured from the outside edge of the top of the berm.

(5) Manure Storage Structure Sizing.

(A) No Discharge Requirement. All manure storage structures shall comply with the design standards and effluent limitations of 10 CSR 20-6.300(4).

(B) Design Storage Period. The minimum design storage period for manure storage structures shall be as follows:

1. The minimum design storage period for liquid manure, solid manure, and dry process waste to be land applied is one hundred eighty (180) days;

2. The minimum design storage period for solid manure and dry process waste to be sold or used as bedding is ninety (90) days; and 3. The minimum design storage period for waste treatment lagoons without an impermeable cover is three hundred sixty-five (365) days.

(C) New Class I swine, veal, or poultry operations shall evaluate proposed uncovered manure storage structures in accordance with applicable federal regulation as set forth in 40 CFR 412.46(a)(1), November 20, 2008, and shall hereby be incorporated by reference, without any later amendments or additions, as published by the Office of the Federal Register, National Archives and Records Administration, Superintendent of Documents, Pittsburgh, PA 15250-7954.

(D) Sizing Manure Storage Structures.

1. The structure shall be designed to hold all inputs, between the upper and lower operating levels, anticipated during the design storage period.

2. Uncovered liquid storage structures shall also include:

A. One-in-ten (1-in-10) year rainfall minus evaporation from the surface of the structure, held between the operating levels; and B. Safety volume based on the twenty-five (25) year, twenty-four (24) hour storm event above the upper operating level.

3. Tanks and pits shall also include six inches (6") of depth below the lower operating level for incomplete removal allowance.

4. Earthen basins shall also include:

A. At least one foot (1') of freeboard or two feet (2') for structures that receive storm water from open lots larger than the surface area of the storage structure;

B. Two feet (2') of permanent liquid depth below the lower operating level. Anaerobic treatment volume greater than two feet (2') will satisfy this requirement;

C. Sludge accumulation volume; and D. Treatment volume below the lower operating level for anaerobic treatment lagoons.

(6) Construction of Earthen basins.

(A) Geohydrologic Evaluation. A geohydrologic evaluation of the proposed earthen basin prepared by the Missouri Geological Survey shall be submitted to the department. If the geohydrologic evaluation gives a severe rating for collapse potential, an earthen basin shall not be used.

(B) Detailed Soils Investigation. A detailed soils investigation is required to substantiate feasibility and to determine the quantity and quality of soil materials on-site and from a borrow area for use in the basin and/or liner. The following information, in whole or in part, is required:

1. Atterburg limits;

2. Standard proctor density (moisture/density relationships);

3. Coefficient of permeability (undisturbed and remolded);

4. Depth to bedrock;

5. Particle size analysis; and 6. Depth to groundwater table.

(C) Shape and Location.

1. The shape of all cells shall be such that there are no narrow or elongated portions or islands, peninsulas, or coves.

2. The floor of the structure shall be a consistent elevation with finished elevations not be more than three inches (3") above or below the average elevation of the floor.

3. The floor of the basin shall be at least four feet (4') above the groundwater table or the water table as modified by subsurface drainage and at least two feet (2') above bedrock.

(D) Outer berm slopes shall not be steeper than three to one (3:1), horizontal to vertical, and inner slopes not be flatter than four to one (4:1) or steeper than three to one (3:1) for uncovered lagoons or two and one-half to one (2.5:1) for covered lagoons.

(E) Berm Construction and Width. Construction specifications shall include the following:

1. Compact soil used in constructing the basin floor (not including clay liner) and berm cores to between two percent (2%) below and four percent (4%) above the optimum water content and to at least ninety percent (90%) standard proctor density;

2. Use lifts for berm construction not exceeding twelve inches (12") with a maximum rock size not exceeding one-half (1/2) the thickness of the compacted lift; and 3. Construct the top width of the berm a minimum of eight feet (8') for fill heights from fifteen to twenty feet (15'–20'), use minimum top widths of ten feet (10') and for fill heights from twenty to twenty-five feet (20'–25'), use minimum top widths of twelve feet (12').

(F) Emergency Spillway. To prevent overtopping and cutting of berms, an emergency overflow shall be provided that— 1. Has a minimum bottom width of ten feet (10') and a minimum depth of one foot (1'); and 2. Is compacted and vegetated or otherwise constructed to prevent erosion due to possible flow.

(G) Compacted Clay Liner.

1. Liner construction. Compacted clay liners shall be constructed to— A. Be scarified and compacted to between two percent (2%) below and four percent (4%) above the optimum water content and to at least ninety percent (90%) standard proctor density;

B. Be raised in lifts not exceeding six inches (6") with a maximum rock size not exceeding one-half (1/2) the thickness of the compacted lift;

C. Be maintained at or above the optimum water content until the basin is prefilled with water; and D. Have a minimum thickness of twelve inches (12").

2. Permeability. All earthen basins shall be sealed so that seepage loss through the seal is minimized and to meet the following specifications:

A. Cover the floor and extend up the inner slope to where the side slope intersects with the top of the berm;

B. Have a design permeability of the basin seal not exceeding 1.0 x 10 centimeter per second (cm/sec). For soils which have a coefficient of permeability greater than 1.0 × (cm/sec), unusual depth, or potable ground water contamination potential, liner thickness of more than twelve inches (12") may be required. The following equation shall be used to determine minimum seal thickness: t = (H×K)/ 5.4 × 10 cm/sec where K = permeability coefficient of the soil in question;

H = head (maximum water level depth) of water in the basin; t = thickness of the soil seal.

(H) Protection of Berms. Rip-rap or some other acceptable method of erosion control is required as a minimum around all piping entrances and exits, for aerated cell(s), on the slopes and floor in the areas where turbulence will occur, and for protection from wave action for basins with a surface area greater than five (5) acres.

(I) If alternative liners are used, permeability, durability, and integrity of the proposed materials must be satisfactorily demonstrated for anticipated conditions.

(J) Depth Gauges. A permanent depth measurement gauge or marker shall be installed and maintained in the basin that is easily readable at one-foot (1') or smaller increments and clearly displayed lower, upper, and emergency spillway levels.

(K) Piping. Fill around pipes installed through embankments shall be compacted to prevent seepage and pressurized piping must be valved. Valves are not required on gravity piping into the lagoon.

(L) Safety. Consideration shall be given for safety in using open storage structures including the use of prevention and recovery components.

(M) Operation and Maintenance. An operation and maintenance plan is required addressing the major components of the concentrated animal feeding operation system.

(7) Construction of Tanks and Pits. Construction of tanks and pits shall meet the following requirements:

(A) Soils and Foundation. A thorough site investigation shall be made to determine the physical characteristics and suitability of the soil and foundation for the fabricated storage structure. Position the floor of the below-ground storage tanks two feet (2') above the groundwater table;

(B) Allow one foot (1') of depth at the top of covered structures for agitation and/or ventilation;

(C) Include a permanent depth measurement gauge or marker that is easily readable at one-foot (1') or smaller increments for uncovered tanks and pits;

(D) Use perimeter tiling and granular backfill for below-ground pits;

(E) Locate tank and pit footings at or below the maximum frost depth;

(F) Design concrete and steel features according to published guidelines; and (G) Design and construct tanks and pits to be watertight.

(8) Construction of Solid Manure Components. The following requirements shall be met when constructing poultry buildings, open lots, stacking pads, stacksheds, and other similar structures:

(A) Divert surface water away from animal confinement areas and buildings;

(B) Floors and Pads. Construct the base of covered and uncovered lots, poultry buildings, and other solid manure storage areas of concrete or other rigid, essentially watertight materials or from a firm, compacted, earthen base of Unified Soil Classification System (USCS) class CH, MH, CL, GC, or SC soils a minimum of two feet (2') above the groundwater table and be at least two feet (2') above bedrock;

(C) Uncovered solids storage areas must also meet the following:

1. Have an overall slope between two percent (2%) and four percent (4%) for unpaved lots;

2. Be maintained in a way that prevents ponding; and 3. Have a runoff collection structure that meets the requirements of this rule.

(9) Design and Construction of Pipelines, Pump Stations, and Land Application Systems.

(A) General. Design of pipelines shall be based on the following requirements:

1. Ensure the storage/treatment facilities can be emptied within the time limits stated in the nutrient management plan;

2. Convey the required flow without plugging, based on the type of material and total solids content;

3. Install at a depth sufficient to protect against freezing;

4. Install with appropriate connection devices to prevent contamination of private or public water supply distribution systems and groundwater;

5. Size pumps to transfer material at the required system head and volume;

6. Install a minimum of three feet (3') below the natural stream floor and as nearly perpendicular to the stream flow as possible;

7. Encase when buried under public roads; and 8. Separation from potable water lines. Pipelines shall be located at least ten feet (10') horizontally from and at least eighteen inches (18") below the base of any potable water line.

9. Aerial pipeline crossings of streams shall:

A. Provide support for all joints in pipes utilized in the crossing;

B. Protect from the impact of flood waters and debris;

C. Be constructed so that they will remain watertight and free from changes in alignment or grade.

(B) Gravity Pipelines. Design of pipelines shall be based on the following requirements:

1. Use a minimum slope of one percent (1%) for four inch (4") pipe, six-tenths percent (0.6%) for six inch (6") pipe, and four-tenths percent (0.4%) for eight inch (8") pipe;

2. Design with clean-outs at a maximum interval of three hundred feet (300') and with maximum horizontal curves of ten degrees (10°) at pipe joints; and 3. Design gravity discharge pipes used for emptying a storage/treatment structure with a minimum of two (2) valves in series.

(C) Force Mains and Pressure Pipes. Design velocities shall be between three (3) and six (6) feet per second.

(D) Testing. Hydro-pressure tests shall be made only after the completion of backfilling operations and for a minimum of one (1) hour using a minimum test pressure of the maximum system operating pressure.

(E) Pump Stations.

1. Water supply protection. Manure pump stations shall not be connected to a potable water supply and shall be located at least three hundred feet (300') from any potable water supply well.

2. Alarm systems. Alarm systems are required for pumping stations that are activated in cases of power failure, pump failure, or any cause of high water in the wet well.

(F) Land Application Systems. Land application systems shall be designed with— 1. Spray application equipment specified that minimizes the formation of aerosols;

2. The pumping system and distribution system sized for the flow and operating pressure requirements of the distribution equipment and the application restrictions of the soils and topography;

3. Provisions for draining the pipes to prevent freezing, if pipes are located above the frost line;

4. A suitable structure provided for either a portable pumping unit or a permanent pump installation, the intake to the pumping system providing the capability for varying the withdrawal depth, the intake elevation maintained twelve to twenty-four inches (12"–24") below the liquid elevation, the intake screened so as to minimize clogging of the sprinkler nozzle or distribution system orifices, and, for use of a portable pump, a stable platform and flexible intake line with flotation device to control depth of intake;

5. Thrust blocking of pressure pipes; and 6. An automatic pump or engine shut-offs in case of pressure drop.

(10) General System Details.

(A) Mechanical Equipment. Mechanical equipment shall be used and installed in accordance with manufacturers’ recommendations and specifications and major mechanical units installed under the supervision of the manufacturer’s representative.

(B) Potable Water Supply Protection. No piping or other connections shall exist in any part of the concentrated animal feeding operation system, which under any conditions, might cause the contamination of a potable water supply.

(11) Mortality Management. Class I operations shall not use burial as a permanent mortality management method to dispose of routine mortalities.

rule filed July 14, 2011, effective April 30, 2012. Amended: Filed Jan. 26, 2016, effective Oct. 30, 2016. Amended: Filed June 15, 2018, effective Feb. 28, 2019. Emergency amendment filed Dec. 8, 2020, effective Dec. 22, 2020, expired June 19, 2021. Amended: Filed Jan. 8, 2021, effective Sept. 30, 2021. *Original authority: 640.710, RSMo 1996 and 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012, 2014.

**History**
- *AUTHORITY: sections 640.710 and 644.026, RSMo 2016. Original*

##### **10 CSR 20-8.500** Design Requirements for Agrichemical Facilities design of agrichemical facilities. It does not address all aspects (1) Applicability. {#sec-10-csr-20-8.500 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-8.500}

This rule applies to all agrichemical facilities and to the construction of new secondary and operational containment of agrichemicals at existing facilities. All facilities to which this rule applies shall be designed as no-discharge systems.

(2) Exceptions.

(A) The prohibition of storing bulk liquid fertilizer in a mobile container for more than thirty (30) days shall not apply to barges and rail cars used solely for transporting liquid fertilizer from chemical production facilities to retail or wholesale facilities.

(B) The prohibition of burying pipes used for transferring full strength agrichemicals shall not apply to piping used solely for the loading and unloading of liquid fertilizer from barges and rail cars. These pipes shall be pressure tested on a yearly basis to certify the integrity of the pipes. Records of the pressure testing shall be kept on file at the facility and made available to Missouri Department of Natural Resources (department) personnel upon request.

(C) Liquid fertilizer storage tanks that were in use prior to January 13, 1992, having a storage capacity greater than forty thousand (40,000) gallons are exempt from the requirement of installing a liner underneath the tank itself. Spill containment diking is required around these tanks.

(3) Engineering Report. An engineering report is required for all facilities required by 10 CSR 20-6.010 to submit an application for a construction permit.

(4) Primary Containment for Bulk Liquid Agrichemicals for new construction. Containers and appurtenances used as the primary containment in the storage and handling of bulk agrichemicals shall be constructed, installed, and maintained to prevent a discharge and shall be of materials and construction compatible with the specifications of the product stored with:

(A) Tank anchors or raised stands;

(B) For self-supporting tanks, the ability to handle all operating stresses, hydrostatic head, pressure buildup from pumps and compressors, and any other mechanical stresses to which the containers and appurtenances may be subject to in the foreseeable course of operation;

(C) No external sight gauges used with bulk pesticide storage containers;

(D) Lockable valves for bulk liquid fertilizer containers located between the sight gauge and the storage container;

(E) A lockable main discharge valve;

(F) All appurtenances protected against damage from operating personnel and moving vehicles and located within the secondary containment or operational containment area;

(G) All storage structures for bulk liquid pesticides or bulk liquid fertilizers located above ground; and (H) Secure transfer hose connections.

(5) Secondary Containment for Bulk Liquid Agrichemicals for new construction. Secondary containment for nonmobile bulk liquid pesticides and nonmobile bulk liquid fertilizers shall be designed to contain any spilled product to prevent a discharge with— (A) Containment structures sized according to the Environmental Protection Agency’s Code of Federal Regulations, 40 CFR 165.85, published July 1, 2014. This document shall hereby be incorporated by reference without any later amendments or modifications. To obtain a copy, contact the U.S.

Government Printing Office at 732 North Capitol Street NW, Washington, DC, 20401, toll free at (866) 512-1800 or by visiting https://bookstore.gpo.gov;

(B) No discharge outlet or gravity drain through the wall or floor of the containment structure;

(C) The walls and floors constructed of material that is compatible with the specifications of the product being stored; resistant to penetration by moisture and agrichemicals; and designed to support the gravity load of the storage containers and any hydrostatic loads that would result from a massive spill within the containment structure;

(D) Expansion joints spaced to prevent cracks from forming; sealed with a material resistant to agrichemicals; and with water stops installed between the containment walls and floor;

(E) A collection sump, if needed, shall not be more than two feet (2') deep or larger than twenty (20) cubic feet; constructed of materials that resist penetration by moisture and agrichemicals; with a sealed connection point between the containment area floor; and at a low point in the containment area to allow for removal of accumulated liquids;

(F) No piping installed through the walls or floor except for through common, interconnecting containment walls and all piping entering and leaving the secondary containment structure shall go up and over the containment walls;

(G) No buried transfer piping;

(H) Separation of bulk liquid pesticides and bulk liquid fertilizers with a common wall and with no interconnecting piping; and (I) All tanks for storage of rinsate or precipitation collected in the secondary or operational containment area located within a secondary containment structure.

(J) Earthen structures used for secondary containment shall be designed as follows:

1. Be constructed with a compacted soil liner or synthetic liner with a permeability rate of 1 × 10 cm/sec. or less.

2. Be protected against erosion with side slopes no steeper than three to one (3:1) and with a top width no less than two and one-half feet (2 1/2').

(6) Nonmobile bulk dry fertilizer storage shall be designed to— (A) Be stored inside a sound structure to prevent contact with precipitation with all surface water runoff diverted away from the storage structure;

(B) Allow for all unloading, loading, mixing, and handling of dry bulk fertilizers to be done on an operational containment area as required in section (9) of this rule;

(C) Have an adequately sized operational containment area to hold the volume of pesticides used and impregnation equipment as required in section (9) of this rule;

(D) Allow for daily cleanup of the dry fertilizer loading, unloading, mixing, and handling areas;

(E) Prevent the downward movement of fertilizer materials and moisture through the floor with expansion joints spaced to prevent cracks from forming and sealed with a material resistant to agrichemicals; and (F) Have a mixing and loading pad constructed under any exterior transfer area of a conveyance system.

(7) Nonmobile bulk dry pesticide storage shall be designed to— (A) Be stored inside a sound structure to prevent contact with precipitation and with all surface water runoff diverted away from the storage structure;

(B) Allow for all loading, mixing, and handling of bulk dry pesticides to be done on an operational containment area;

(C) Allow for daily cleanup of the bulk dry pesticide loading, unloading, mixing, and handling areas;

(D) Prevent the downward movement of pesticides and moisture through the floor with expansion joints spaced to prevent cracks from forming and sealed with a material resistant to agrichemicals; and (E) Have a mixing and loading pad under any exterior transfer area of a conveyance system.

(8) Operational containment for bulk liquid pesticides and bulk liquid fertilizers for new construction shall be designed to:

(A) Divert runoff away from the operational containment area;

(B) Contain any spilled product and any collected precipitation that comes in contact with spillage for the amount of time needed for proper cleanup and recovery;

(C) Have a minimum volume in accordance with the Environmental Protection Agency’s Code of Federal Regulations, 40 CFR 165.85, published July 1, 2014. This document shall hereby be incorporated by reference without any later amendments or modifications. To obtain a copy, contact the U.S.

Government Printing Office at 732 North Capitol Street NW, Washington, DC, 20401, toll free at (866)512-1800 or by visiting https://bookstore.gpo.gov;

(D) Have a sediment trap and sump, if needed, not more than two feet (2') deep or larger than 20 cubic feet and constructed of materials that resist penetration by moisture and agrichemicals with a sealed connection point between the operational containment area floor and the sump to prevent leakage of liquids from the containment area;

(E) Extend beneath any pump, appurtenance, or plumbing connection not located within the secondary containment area and that is used to transfer liquid fertilizer or pesticide; and (F) Allow for bulk repackaging containment of agrichemicals.

(9) Operational Containment Area for bulk dry pesticides and bulk dry fertilizers for new construction shall be sized to— (A) Divert runoff away from the operational containment area;

(B) Contain any spillage of dry materials that occurs from loading, unloading, or hauling; from spreading equipment; and from mixing and blending equipment. Operational containment areas must also contain precipitation that comes in contact with spillage for the amount of time needed for proper cleanup and recovery;

(C) Individual catchment basins or portable pans/containers may be used to satisfy the requirement for operational containment. The individual basins or portable containers shall be placed to catch or recover spillage and leakage from transfer connections and conveyors; and (D) For unloading dry pesticides and dry fertilizers from rail cars, a catchment basin or concrete pad that can effectively contain the dry fertilizer or pesticide shall be used.

(10) Connection to Water Supplies. An air gap separation or reduced pressure principle backflow prevention assembly shall be installed in the water supply line that serves an agrichemical facility. The air gap or backflow prevention assembly shall be constructed, installed, and inspected in accordance with 10 CSR 60-11.010 Prevention of Backflow.

(11) Protection from Flooding. All agrichemical facilities shall be located so that the agrichemicals being stored are protected from a one hundred- (100-) year flood event.

(12) Operation and Management of Agrichemical Facilities.

Field application of rinsate and collected precipitation is acceptable and recommended.

rule filed July 15, 1991, effective Jan. 13, 1992. Amended: Filed Aug. 1, 2016, effective April 30, 2017. Amended: Filed June 15, 2018, effective Feb. 28, 2019. *Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000, 2012, 2014 and 644.036, RSMo 1972, amended 1973, 2000, 2002, 2006, 2009, 2011.

**History**
- *AUTHORITY: sections 644.026 and 644.036, RSMo 2016. Original*

### **Chapter 9** Treatment Plant Operations

##### **10 CSR 20-9.010** Wastewater Treatment Systems Operation Scope Monitoring {#sec-10-csr-20-9.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-9.010}

PURPOSE: This regulation sets forth the minimum requirements for laboratory testing to ensure adequate wastewater treatment systems operation.

(1) Definitions. Definitions as set forth in the 2.010 apply to the terms to be used in this

rule, unless the context clearly requires otherwise.

(2) Operational laboratory tests and related monitoring for wastewater treatment systems control are a supplement to the Missouri State Operating Permit (MSOP) requirements. These operational monitoring reports shall be submitted to the department along with the MSOP discharge monitoring reports.

(3) The department may modify monitoring frequency required in this rule based upon the department’s judgement of monitoring needs for process control at a specified facility.

(4) These requirements for laboratory tests shall apply to all wastewater treatment systems owned or operated by or for municipalities, public sewer districts, or other local government entities, private sewer companies regulated by the Public Service Commission, and the state agencies or any subdivision of them, with a population equivalent, as defined in 10 CSR 20-9.020, greater than two hundred (200). All other systems are exempt.

(5) Minimum monitoring requirements to ensure adequate wastewater treatment systems in-plant operational control are as follows:

(A) Lagoons 1. Discharging - Two (2)/Week Frequency. pH Primary Cell D.O. Primary Cell 2. Non-Discharging – Two (2)/Month Frequency. pH Primary Cell D.O. Primary Cell (B) Mechanical Plants.

1. All types—daily (Monday – Friday) frequency. pH Influent Temperature Aeration basin 2. Additional laboratory test requirements for wastewater activated sludge processes and modifications:

Influent Mixed Liquor TSS1/week 1/week Settle-Daily (Monday – Friday) ability(sample contact and D.O.Daily (Monday – Friday)

(sample contact and TemperatureDaily (Monday – Friday)

(sample contact and 3. Additional tests for facilities having digesters:

AnaerobicAerobic pHDaily— (Monday – Friday)

TemperatureDaily— (Monday – Friday)

D.O.—Daily (Monday – Friday)

(C) Recirculating filter media beds:

Pressure2/year by measuring squirt height in each zone at the orifice furthest from the pump. Use each pump independently during the monitoring to ensure each pump is functioning.

(D) Facilities which chlorinate for disinfection shall perform total chlorine residual analyses of the effluent on a daily (Monday – Friday) basis during those periods when chlorination facilities are in use.

(E) Facilities employing disinfection technology other than chlorine shall have disinfection process control testing parameters and frequency determined by the department on a case-by-case basis.

(6) Laboratory procedures shall be performed in accordance with 10 CSR 20-7.015.

(7) A copy of all reports required by this rule shall be retained by the facility for a minimum of three (3) years.

Original rule filed July 15, 1976, effective July 1, 1977. Amended: Filed Nov. 1, 1983, effective July 1, 1984. Amended: Filed July 29, 1994, effective March 30, 1995. Amended: Filed Nov. 3, 1997, effective July 30, 1998. Amended: Filed June 13, 2018, effective Feb. 28, 2019.

##### **10 CSR 20-9.020** Classification of Wastewater Treatment Systems {#sec-10-csr-20-9.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-9.020}

PURPOSE: This rule outlines the requirements for wastewater systems regarding certified personnel.

(1) Definitions. Definitions as set forth in the 2.010 shall apply to those terms when used in this rule, unless the context clearly requires otherwise or as noted in the subsections of this rule.

(A) Wastewater treatment systems. Interrelated or interconnected facilities, equipment, machinery, sewers, piping, valves, land, tanks, basins, ponds, lagoons, and any other device, method and process used to reduce or eliminate the contaminants in domestic wastewater and similar organic water-borne wastes.

(B) Operator. Any individual who operates or determines the method of operating a wastewater treatment system, either directly or by order.

(C) Chief operator. An operator who directs or who has the authority to direct other individuals, or an operator in direct responsible charge for the operation of a wastewater treatment system.

(D) Population equivalent (P.E.). The calculated population which normally contributes the same amount of biochemical oxygen demand (BOD ) per day. The common base is 0.17 pounds of five- (5-) day BOD per capita per day. The calculated population which normally contributes the same amount of flow per day. The common base is one hundred (100) gallons per capita per day.

(E) Wastewater Collection System. Any series of pipes and lift stations to collect, convey, and equalize wastewater flow to the wastewater treatment system.

(2) Wastewater Treatment Systems Requirements.

(A) Requirements for operation by certified personnel shall apply to all wastewater treatment systems, with a population equivalent greater than two hundred (200), owned or operated by or for municipalities, public sewer districts, counties, public water supply districts, private sewer companies regulated by the Public Service Commission and the state or federal agencies. All other systems are exempt from this rule unless the department determines that certified personnel are necessary to protect the waters of the state.

(B) Owners or other persons legally responsible for the operation of wastewater treatment systems subject to this rule shall be responsible for assuring that operators and chief operators of wastewater treatment systems comply with certification requirements as set forth in this rule.

(C) All operators of wastewater treatment systems included in subsection (2)(A) of this

rule shall possess, as a minimum, a level D certificate of competency issued by the department. New employees that are not yet certified wastewater treatment operators cannot make process control decisions and will be directly supervised by a certified operator or chief operator.

(D) Minimum certification of competency classification requirements for chief operators of wastewater treatment systems shall be determined by the department using the following point system as a guide. Wastewater treatment systems will remain classified at the level determined prior to the effective date of this rule until the facility’s MSOP is renewed, at which time, the MSOP will include the facility classification.

(1/29/19) JOHN R. ASHCROFT &/$66,),&$7,212):$67(:$7(575($70(173/$176 

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(E) The owner will notify the department of any change in the identity of the chief operator within fifteen (15) calendar days.

(F) In the event the chief operator is no longer available to serve, the owner of the wastewater treatment system will notify the department of the vacancy within fifteen (15) calendar days and appoint an interim operator. The interim operator will be considered the certified chief operator for the purposes of complying with 10 CSR 20-9.010 and 10 CSR 20-9.020 on a temporary basis until a properly certified chief operator is hired. Following consultation with the wastewater system owner, the department will establish a schedule of activities and a timeline for the system to have a certified chief operator who has met all applicable certification requirements.

(G) No person, firm, corporation, municipal corporation or other governmental subdivision or agency may operate a wastewater system unless the operator of the facility is duly certified by the department as provided in 10 CSR 20-9.030 or 10 CSR 20-9.020(F) except during periods of emergency or disaster.

Original rule filed July 15, 1976, effective March 1, 1977. Rescinded and readopted:

Filed Nov. 1, 1983, effective July 1, 1984.

Rescinded and readopted: Filed July 15, 1991, effective March 1, 1992. Amended:

Filed June 13, 2018, effective Feb. 28, 2019.

##### **10 CSR 20-9.030** Certification of Wastewater Operators {#sec-10-csr-20-9.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-9.030}

PURPOSE: This rule sets out the requirements that a person must meet to obtain a wastewater operator certificate.

(1) Definitions. Definitions as set forth in the 2.010 apply to those terms when used in this

rule, unless the context clearly requires otherwise or as noted in the subsections of this

rule.

(A) Certificate of Competency. A document issued by the department stating that the recipient named on the certificate has satisfied the requirements for the certification level specified pursuant to this rule.

(2) Administration.

(A) The department shall serve as the certifying agency for wastewater treatment system personnel.

(B) Any applicant whose certification is denied, suspended, or revoked may appeal to the Administrative Hearing Commission as provided in section 621.250, RSMo.

(3) Certification of Competency.

(A) Certificates issued by the department, and valid on March 1, 1992, are valid as certifications of competency in the equivalent class and shall be governed by the provisions of this rule. Initial renewal of the certificates shall be as outlined in section (4) of this rule.

(B) Certifications at the appropriate level shall be issued to individuals successfully passing the certification examination and fulfilling experience requirements of subsection (3)(I) of this rule. The expiration date of the certifications shall coincide with renewal requirements as provided in subsection (4)(B) of this rule. An examination score of seventy percent (70%) correct shall be considered a passing grade.

(C) All certification examinations pursuant to this rule shall be administered through the department. Examination shall be available at a frequency of not less than four (4) times annually. Examination application forms and information, including examination dates and locations, shall be available through the department.

(D) A completed application form for examination must be submitted to the department no later than thirty (30) days before the scheduled examination session. An application fee of twenty dollars ($20) and a certification fee of twenty-five dollars ($25) for a total of forty-five dollars ($45) shall accom pany each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application.

(E) Exams shall contain, but not necessarily be limited to, questions pertaining to the Missouri wastewater regulations, general wastewater systems knowledge, water quality, applied mathematics, chemistry, laboratory testing procedures as applied to wastewater treatment, hydraulics, pumps and operation.

(F) Any examinee who fails to receive a passing grade may not repeat that level examination for a period of not less than sixty (60)

days. The applicant must submit a new application for each repeat examination.

(G) Any examinee who fails a certification examination three (3) times and has not successfully completed a department-approved multi-day training course approved for wastewater treatment within the previous twelve (12) months must do so prior to any further reexamination at that level.

(H) An individual applying to take the examination will be allowed to reschedule twice within one year of the application date.

After that, s/he must reapply as required in subsection (3)(D) of this rule.

(I) Approval of applicant eligibility for certification of competency shall be the responsibility of the department. In order to be eligible for a certificate, the applicant will have accumulated actual or equivalent operational experience in accordance with Table 1.

1. Actual wastewater treatment operating experience means the skills and knowledge acquired from making or acting upon day-today process control/system integrity decisions rather than from textbook study or supervisory observation. It means the applicant has actually operated a wastewater treatment system. In addition, the applicant should have experience in some combination of wastewater treatment system operational tasks such as: sample collection, routine operational monitoring, interpretation of test results, calculation of chemical dosages and subsequent adjustment of chemical feeders, flow rate and pumping adjustments, disinfection, and completion of operational reports.

2. Equivalent wastewater treatment operating experience means skills and knowledge acquired from education as described in this rule or work experience that has a substantial relationship to wastewater treatment.

(J) Years of equivalent experience shall be computed from the following criteria.

1. Operation of potable water treatment facilities and wastewater collection systems will be given equivalent credit of actual calendar years of operation.

2. General vocational training or work experience in related areas will be considered by the department on a case-by-case basis and limited to a maximum of six (6) months’ equivalent experience.

3. Documentation submitted for equivalent experience credit that does not fit the previously mentioned criteria will be evaluated by the department on a case-by-case basis.

(K) Any person not possessing the necessary operational experience may take the examination.

1. Upon successful completion of the examination, the individual will have to obtain the necessary operational experience within eighteen months. If the necessary experience is not obtained with the eighteenmonth limit, the individual must reexamine to be certified at that level of competency.

(L) The minimum age for certification shall be eighteen (18) years.

(M) Education Requirement.

1. The minimum education requirement for certification is fulfilled by meeting any one (1) of the following conditions: a high school diploma; a general equivalency diploma (GED); successful completion of special department-approved training appropriate to wastewater treatment; or six (6) months of experience.

2. Training or experience used to meet the education requirement will not be counted as equivalent experience credit. Training or experience used to meet the education requirement is not included in the maximum limit on equivalent experience in subsection (3)(J).

(4) Certificate Renewal.

(A) All certificates issued by the department shall be renewed at least every three (3) years, unless prorated by the department to some other time frame. All applicants for renewal shall meet the training requirements set forth in subsection (4)(B) prior to the expiration date stated on each individual’s certificate.

(B) Before a certificate will be renewed, the applicant must submit suitable documentation that s/he has obtained not less than thirty (30) hours of approved renewal training. Only training approved by the department will be accepted. Each certified operator is responsible for documenting his/her training.

(C) The department shall send notification of certification expiration to the certificate holder at the last known address at least sixty (60) days prior to the certificate’s expiration date. Failure of the department to notify the certificate holder of certification expiration does not relieve the certificate holder of the responsibility for renewal.

(D) Any certificate not renewed within sixty (60) days of the expiration date will be considered lapsed. Any person with a lapsed certification will have to reexamine as provided in section (3) of this rule.

(E) Provided the department has received a timely and complete application for certification renewal, possesses sufficient renewal training and through no fault of the certificate holder the department is unable to issue a new certification before the expiration date of the previous certification, automatically the validity of the expired certification shall continue until the department acts on the renewal application.

(F) Certification renewal fee is forty-five dollars ($45) and shall accompany the certificate holder’s application for renewal. Application for renewal must be made on the form provided by the department.

(G) A late fee of ten dollars ($10) per month, up to a total of twenty dollars ($20) shall be assessed for any certification renewed after the expiration date.

(5) Reciprocity.

(A) Certificates may be issued, without examination, to any person who holds a valid certificate obtained by examination in any state, territory, country, or any other certifying authority, if the requirements for certification of operators under which the person’s certificate was issued do not conflict with the provisions of this rule, are at least as stringent as this rule, and provide the applicant— 1. Has working experience with a wastewater treatment system in the state or other authorized area which supplied the certification for which reciprocity is requested;

2. Obtains employment with a Missouri wastewater treatment system; and 3. Makes application for reciprocity within one hundred eighty (180) days after beginning that employment. The form described in subsection (12)(C) must be sub mitted along  &HUWLILFDWLRQ/HYHO,Q3ODQW$FWXDO2SHUDWLQJ([SHULHQFH5HTXLUHG $\HDUV \HDUVRIZKLFKPD\EHHTXLYDOHQW  %\HDUV \HDURIZKLFKPD\EHHTXLYDOHQW  &\HDUV \HDURIZKLFKPD\EHHTXLYDOHQW  'PRQWKV DOORIZKLFKPD\EHHTXLYDOHQW  *UDGXDWLRQIURPDSSURYHGRQH  \HDUFHUWLILFDWHSURJUDP LQZDWHUZDVWHZDWHUWHFKQRORJ\ \HDU &ROOHJHOHYHOFRXUVHVLQELRORJLFDOHQYLURQPHQWDOVFLHQFHV JUDGH&RUEHWWHUUHTXLUHG ²PD[LPXPFUHGLWRIVL[   PRQWKV PRQWKSHU VHPHVWHU KRXUV 7ZR  \HDUDVVRFLDWHGHJUHHLQDOOLHGILHOG IRUH[DPSOH HQYLURQPHQWDOKHDOWKVFLHQFHELRORJ\FKHPLVWU\ \HDUV )RXU  \HDUFROOHJHGHJUHHLQDOOLHGILHOGV IRUH[DPSOH HQYLURQPHQWDOVFLHQFHVELRORJ\FKHPLVWU\DQG HQJLQHHULQJ \HDUV $SSURYHGPXOWLZHHNHQWU\OHYHODGYDQFHGRU FRUUHVSRQGHQFHFRXUVHV²PD[LPXPFUHGLWRIRQH  \HDU \HDU with the application fee of forty dollars ($40).

(B) The fee for a certificate issued under the provisions of this section is twenty-five dollars ($25).

(C) The level of certification issued will be determined by the state of origin’s minimum requirements for the level of certification held in that state.

(D) If the applicant is not employed in a Missouri wastewater facility, but meets all other requirements for reciprocal certification, the department will issue a letter of intent to issue certification which will be valid for one hundred eighty (180) days.

Upon employment in a Missouri wastewater facility, and provided all other requirements are met, the applicant may apply for a certificate. If the applicant does not obtain Missouri employment before the expiration date of the letter, s/he will have to reapply for reciprocal certification.

(6) Denial, Suspension or Revocation.

(A) The department may deny, suspend or revoke any certification for any of the following reasons: fraud or deceit in obtaining certification; negligence, incompetence or willful malpractice in the holder’s action in operating a wastewater treatment facility or appurtenances, or falsification of facility operating records or reports required by 10 CSR 20, or willful violation of 10 CSR 20.

(B) Notice of suspension or revocation action shall be issued by the commission’s director of staff with service by hand delivery or through certified mail to the certificate holder at that individual’s last known address.

That notice shall state the reason(s) for revocation, the effective date of the revocation and the action(s) the certificate holder may take to contest the revocation.

(C) Application for certification examination by the holder of a revoked certificate may not be made sooner than one (1) year from the effective date of revocation. Acceptance of any such application shall be at the discretion of the department. Certification by reciprocity shall not be available for a certificate holder whose certification has been revoked.

(D) Any revoked certificate shall be returned to the department.

(7) The certificate holder shall notify the department of any change in status including, but not limited to, change of name, change of address and change of employer.

(8) All fees are nonrefundable and nontransferable.

Original rule filed July 15, 1991, effective March 1, 1992. Amended: Filed June 13, 2018, effective Feb. 28, 2019. ** **Pursuant to Executive Order 21-07, 10 CSR 20-9.030, subsection (4)(B) was suspended from April 30, 2020 through February 1, 2021 and subsection (4)(G) was suspended from April 19, 2021 through June 30, 2021.

##### **10 CSR 20-9.040** Renewal Training {#sec-10-csr-20-9.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-9.040}

PURPOSE: This rule establishes criteria for approval of renewal training courses.

(1) Only training approved by the department will be creditable towards meeting the renewal training requirements.

(2) All organizations sponsoring renewal training for wastewater operators, shall submit the following to the department approval.

This information should be submitted to the department at least thirty (30) days prior to the training:

(A) Date and location of the training;

(B) Name, address and telephone number of person to contact regarding the training;

(C) Course outline showing the topic(s) to be presented and time allotted for each (including beginning and ending times);

(D) Name(s) of instructor(s) and his/her qualifications (not just title or company name);

(E) List of any audiovisual materials to be used such as videotapes, slides, slide/tape presentations, films and overheads; and (F) Handouts.

(3) Renewal credit is based upon actual contact time in the training. All breaks and meal times must be noted on the agenda and will not count toward contact time. Excessive time allotted for introductions or welcomes will not count toward contact time.

(4) No credit will be given prior to the completion of any training course. The completion date of a multi-day course is the last day of the course.

(5) Renewal credit will be issued in increments of one-half (0.5) hour. The minimum credit issued will be one-half (0.5) hour. Any approved training issued continuing education units (CEUs) by an organization meeting the criteria of the Council on the Continuing Education Unit will be given credit at the rate of ten (10.0) hours per one (1.0) CEU.

(6) Once the information for a course required in section (2) has been approved, it need not be resubmitted for subsequent sessions of that course. However, any change in the course content, time allotted, instructor or material used must be submitted to the department for approval. The department should be notified thirty (30) days in advance of any subsequent session(s) of an approved course.

(7) Training provided by the national offices of organizations involved in water supply, wastewater treatment, backflow prevention and other related fields or other out-of-state entities will be reviewed for renewal credit on an individual basis. The operator must provide documentation.

(8) All approvals will be by written correspondence. The approval will include a course attendance roster form that will show the course name, coordinator, date, location, course identification number and amount of renewal credit.

(9) Advertisement of any training shall not state that the program has been approved for renewal credit until the department has issued its formal approval and assigned a course identification number and amount of renewal credit. Any advertisement that states that the training is approved must include the course identification number and amount of renewal credit.

(10) Each organization providing training should provide certificates of completion to the attendees. The certificate should include the following:

(A) Attendee’s name;

(B) Name of the course;

(C) Renewal credit;

(D) Course identification number;

(E) Date that the course was held;

(F) Location of the course; and (G) Name of the course coordinator or instructor.

(11) Training providers shall submit the course attendance roster to the department within fifteen (15) working days of the completion of the course. Information on the roster shall include:

(A) Name of the course;

(B) Renewal credit;

(C) Course identification number;

(D) Date that the course was held;

(E) Location of the course;

(F) Name of the course coordinator or instructor;

(G) Names of all attendees; and (H) Certificate number of all attendees, if applicable.

(9/30/21) JOHN R. ASHCROFT

(12) The department shall make known by a public means which courses, seminars, etc., will be approved for renewal purposes.

(13) Renewal credit shall be valid only for the renewal period in which it was earned.

Renewal credit in excess of the required hours for the renewal period may not be carried over into any subsequent renewal training period.

**History**
- *AUTHORITY: section 644.026, RSMo 1994. Original rule filed July 15, 1991, effective March 1, 1992. Original authority 1972, amended 1973, 1987, 1993.*

### **Chapter 10** Underground Storage Tanks - Technical Regulations

##### **10 CSR 20-10.010** Applicability {#sec-10-csr-20-10.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.010}

(Moved to 10 CSR 26-2.010)

##### **10 CSR 20-10.011** Interim Prohibition for Deferred Underground Storage Tank Sys- {#sec-10-csr-20-10.011 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.011}

(Moved to 10 CSR 26-2.011)

##### **10 CSR 20-10.012** Definitions {#sec-10-csr-20-10.012 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.012}

(Moved to 10 CSR 26-2.012)

##### **10 CSR 20-10.020** Performance Standards for New Underground Storage Tank Sys- {#sec-10-csr-20-10.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.020}

(Moved to 10 CSR 26-2.020)

##### **10 CSR 20-10.021** Upgrading of Existing Underground Storage Tank Systems {#sec-10-csr-20-10.021 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.021}

(Moved to 10 CSR 26-2.021)

##### **10 CSR 20-10.022** Notification Requirements {#sec-10-csr-20-10.022 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.022}

(Moved to 10 CSR 26-2.022)

##### **10 CSR 20-10.030** Spill and Overfill Control {#sec-10-csr-20-10.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.030}

(Moved to 10 CSR 26-2.030)

##### **10 CSR 20-10.031** Operation and Maintenance of Corrosion Protection {#sec-10-csr-20-10.031 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.031}

(Moved to 10 CSR 26-2.031)

##### **10 CSR 20-10.032** Compatibility {#sec-10-csr-20-10.032 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.032}

(Moved to 10 CSR 26-2.032)

##### **10 CSR 20-10.033** Repairs Allowed {#sec-10-csr-20-10.033 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.033}

(Moved to 10 CSR 26-2.033)

##### **10 CSR 20-10.034** Reporting and Record Keeping {#sec-10-csr-20-10.034 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.034}

(Moved to 10 CSR 26-2.034)

##### **10 CSR 20-10.040** General Requirements for Release Detection for All Underground Storage Tank Systems {#sec-10-csr-20-10.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.040}

(Moved to 10 CSR 26-2.040)

##### **10 CSR 20-10.041** Requirements for Petroleum Underground Storage Tank Sys- {#sec-10-csr-20-10.041 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.041}

(Moved to 10 CSR 26-2.041)

##### **10 CSR 20-10.042** Requirements for Hazardous Substance Underground Storage Tank Systems {#sec-10-csr-20-10.042 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.042}

(Moved to 10 CSR 26-2.042)

##### **10 CSR 20-10.043** Methods of Release Detection for Tanks {#sec-10-csr-20-10.043 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.043}

(Moved to 10 CSR 26-2.043)

##### **10 CSR 20-10.044** Methods of Release Detection for Piping {#sec-10-csr-20-10.044 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.044}

(Moved to 10 CSR 26-2.044)

##### **10 CSR 20-10.045** Release Detection Record Keeping {#sec-10-csr-20-10.045 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.045}

(Moved to 10 CSR 26-2.045)

##### **10 CSR 20-10.050** Reporting of Suspected Releases {#sec-10-csr-20-10.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.050}

(Moved to 10 CSR 26-2.050)

##### **10 CSR 20-10.051** Investigation Due to Off-Site Impacts {#sec-10-csr-20-10.051 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.051}

(Moved to 10 CSR 26-2.051)

##### **10 CSR 20-10.052** Release Investigation and Confirmation Steps {#sec-10-csr-20-10.052 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.052}

(Moved to 10 CSR 26-2.052)

##### **10 CSR 20-10.053** Reporting and Cleanup of Spills and Overfills {#sec-10-csr-20-10.053 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.053}

(Moved to 10 CSR 26-2.053)

##### **10 CSR 20-10.060** Release Response and Corrective Action {#sec-10-csr-20-10.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.060}

(Moved to 10 CSR 26-2.070)

##### **10 CSR 20-10.061** Initial Release Response {#sec-10-csr-20-10.061 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.061}

(Moved to 10 CSR 26-2.071)

##### **10 CSR 20-10.062** Initial Abatement Measures and Site Check {#sec-10-csr-20-10.062 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.062}

(Moved to 10 CSR 26-2.072)

##### **10 CSR 20-10.063** Initial Site Characterization {#sec-10-csr-20-10.063 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.063}

(Moved to 10 CSR 26-2.074)

##### **10 CSR 20-10.064** Free-Product Removal {#sec-10-csr-20-10.064 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.064}

(Moved to 10 CSR 26-2.075)

##### **10 CSR 20-10.065** Investigations for Soil and Groundwater Cleanup {#sec-10-csr-20-10.065 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.065}

(Moved to 10 CSR 26-2.078)

##### **10 CSR 20-10.066** Corrective Action Plan {#sec-10-csr-20-10.066 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.066}

(Moved to 10 CSR 26-2.082)

##### **10 CSR 20-10.067** Public Participation {#sec-10-csr-20-10.067 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.067}

(Moved to 10 CSR 26-2.083)

##### **10 CSR 20-10.068** Risk-Based Clean-Up Levels {#sec-10-csr-20-10.068 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.068}

(Moved to 10 CSR 26-2.080)

##### **10 CSR 20-10.070** Temporary Closure {#sec-10-csr-20-10.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.070}

(Moved to 10 CSR 26-2.060)

##### **10 CSR 20-10.071** Permanent Closure and Changes in Service {#sec-10-csr-20-10.071 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.071}

(Moved to 10 CSR 26-2.061)

##### **10 CSR 20-10.072** Assessing the Site at Closure or Change in Service {#sec-10-csr-20-10.072 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.072}

(Moved to 10 CSR 26-2.062)

##### **10 CSR 20-10.073** Applicability to Previously Closed Underground Storage Tank Systems {#sec-10-csr-20-10.073 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.073}

(Moved to 10 CSR 26-2.063)

##### **10 CSR 20-10.074** Closure Records {#sec-10-csr-20-10.074 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-10.074}

(Moved to 10 CSR 26-2.064)

ROBINCARNAHAN(11/30/11)

### **Chapter 11** Underground Storage Tanks - Financial Responsibility

##### **10 CSR 20-11.090** Applicability {#sec-10-csr-20-11.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.090}

(Moved to 10 CSR 26-3.090)

##### **10 CSR 20-11.091** Compliance Dates {#sec-10-csr-20-11.091 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.091}

(Rescinded December 30, 2011)

**History**
- *AUTHORITY: sections 319.114, RSMo Supp. 1989, and 644.026, RSMo Supp. 1993. Original rule filed Feb. 7, 1991, effective Aug. 30, 1991. Amended: Filed Aug. 3, 1993, effective April 9, 1994. Rescinded: Filed April 15, 2011, effective Dec. 30, 2011.*

##### **10 CSR 20-11.092** Definitions of Financial Responsibility Terms {#sec-10-csr-20-11.092 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.092}

(Moved to 10 CSR 26-3.092)

##### **10 CSR 20-11.093** Amount and Scope of Required Financial Responsibility {#sec-10-csr-20-11.093 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.093}

(Moved to 10 CSR 26-3.093)

##### **10 CSR 20-11.094** Allowable Mechanisms and Combinations of Mechanisms {#sec-10-csr-20-11.094 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.094}

(Moved to 10 CSR 26-3.094)

##### **10 CSR 20-11.095** Financial Test of Self- Insurance {#sec-10-csr-20-11.095 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.095}

(Moved to 10 CSR 26-3.095)

##### **10 CSR 20-11.096** Guarantee {#sec-10-csr-20-11.096 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.096}

(Moved to 10 CSR 26-3.096)

##### **10 CSR 20-11.097** Insurance and Risk Retention Group Coverage {#sec-10-csr-20-11.097 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.097}

(Moved to 10 CSR 26-3.097)

##### **10 CSR 20-11.098** Surety Bond {#sec-10-csr-20-11.098 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.098}

(Moved to 10 CSR 26-3.098)

##### **10 CSR 20-11.099** Letter of Credit {#sec-10-csr-20-11.099 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.099}

(Moved to 10 CSR 26-3.099)

##### **10 CSR 20-11.101** Petroleum Storage Tank Insurance Fund {#sec-10-csr-20-11.101 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.101}

(Moved to 10 CSR 26-3.101)

##### **10 CSR 20-11.102** Trust Fund {#sec-10-csr-20-11.102 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.102}

(Moved to 10 CSR 26-3.102)

##### **10 CSR 20-11.103** Standby Trust Fund {#sec-10-csr-20-11.103 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.103}

(Moved to 10 CSR 26-3.103)

##### **10 CSR 20-11.104** Substitution of Financial Assurance Mechanisms by Owner or Operator {#sec-10-csr-20-11.104 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.104}

(Moved to 10 CSR 26-3.104)

##### **10 CSR 20-11.105** Cancellation or Nonrenewal by a Provider of Financial Assurance {#sec-10-csr-20-11.105 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.105}

(Moved to 10 CSR 26-3.105)

##### **10 CSR 20-11.106** Reporting by Owner or Operator {#sec-10-csr-20-11.106 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.106}

(Moved to 10 CSR 26-3.106)

##### **10 CSR 20-11.107** Recordkeeping {#sec-10-csr-20-11.107 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.107}

(Moved to 10 CSR 26-3.107)

##### **10 CSR 20-11.108** Drawing on Financial Assurance Mechanisms {#sec-10-csr-20-11.108 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.108}

(Moved to 10 CSR 26-3.108)

##### **10 CSR 20-11.109** Release From the Requirements {#sec-10-csr-20-11.109 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.109}

(Moved to 10 CSR 26-3.109)

##### **10 CSR 20-11.110** Bankruptcy or Other Incapacity of Owner or Operator, or Provider of Financial Assurance {#sec-10-csr-20-11.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.110}

(Moved to 10 CSR 26-3.110)

##### **10 CSR 20-11.111** Replenishment of Guarantees, Letters of Credit or Surety Bonds {#sec-10-csr-20-11.111 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.111}

(Moved to 10 CSR 26-3.111)

##### **10 CSR 20-11.112** Local Government Bond Rating Test {#sec-10-csr-20-11.112 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.112}

(Moved to 10 CSR 26-3.112)

##### **10 CSR 20-11.113** Local Government Financial Test {#sec-10-csr-20-11.113 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.113}

(Moved to 10 CSR 26-3.113)

##### **10 CSR 20-11.114** Local Government Guarantee {#sec-10-csr-20-11.114 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.114}

(Moved to 10 CSR 26-3.114)

##### **10 CSR 20-11.115** Local Government Fund {#sec-10-csr-20-11.115 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-11.115}

(Moved to 10 CSR 26-3.115)

ROBINCARNAHAN(11/30/11)

### **Chapter 12** State Underground Storage Tank Insurance Fund

##### **10 CSR 20-12.010** Definitions {#sec-10-csr-20-12.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-12.010}

Filed Jan. 2, 1996, effective Aug. 30, 1996.

**History**
- *AUTHORITY: sections 319.100 and 319.129, RSMo 1994 and 319.131 and 319.137, RSMo Supp. 1995. Original rule filed Dec. 3, 1991, effective May 14, 1992. Emergency rule filed April 14, 1992, effective April 24, 1992, expired Aug. 21, 1992. Amended: Filed April 14, 1992, effective Jan. 15, 1993. Emergency amendment filed Nov. 9, 1995, effective Nov. 20, 1995, expired May 17, 1996. Amended:*

##### **10 CSR 20-12.020** Petroleum Transport Load Fee and 319.132 and 319.137, RSMo Supp. 1995. {#sec-10-csr-20-12.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-12.020}

Emergency rule filed July 15, 1991, effective July 25, 1991, expired Nov. 21, 1991.

Original rule filed July 15, 1991, effective Jan. 13, 1992. Emergency amendment filed Nov. 9, 1995, effective Nov. 20, 1995, expired May 17, 1996. Amended: Filed Jan. 2, 1996, effective Aug. 30, 1996. Rescinded:

##### **10 CSR 20-12.025** Eligibility and 319.131 and 319.137, RSMo Supp. 1995. {#sec-10-csr-20-12.025 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-12.025}

Original rule filed June 1, 1995, effective Jan. 30, 1996. Amended: Filed Jan. 2, 1996, effective Aug. 30, 1996. Rescinded: Filed April 1, 1999, effective March 30, 2000.

##### **10 CSR 20-12.030** Participation Fee {#sec-10-csr-20-12.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-12.030}

Emergency rule filed April 14, 1992, effective April 24, 1992, expired Aug. 21, 1992.

Original rule filed Dec. 3, 1991, effective May 14, 1992. Rescinded: Filed April 1, 1999, effective March 30, 2000.

**History**
- *AUTHORITY: sections 319.133, RSMo Supp. 1991 and 644.026, RSMo Supp. 1993.*

##### **10 CSR 20-12.040** Applications {#sec-10-csr-20-12.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-12.040}

**History**
- *AUTHORITY: sections 319.131 and 644.026, RSMo 1994. Emergency rule filed April 14, 1, 1995, effective Jan. 30, 1996. Rescinded:*

##### **10 CSR 20-12.045** Review of Applications {#sec-10-csr-20-12.045 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-12.045}

Amended: Filed Aug. 3, 1993, effective April 9, 1994. Amended: Filed June 1, 1995, effective Jan. 30, 1996. Rescinded: Filed April 1, 1999, effective March 30, 2000.

**History**
- *AUTHORITY: sections 319.129, 319.131 and 644.026, RSMo 1994. Emergency rule filed April 14, 1992, effective April 24, 1992, expired Aug. 21, 1992. Original rule filed Dec. 3, 1991, effective May 14, 1992.*

##### **10 CSR 20-12.050** Proof of Integrity {#sec-10-csr-20-12.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-12.050}

**History**
- *AUTHORITY: sections 319.131 and 644.026, RSMo 1994. Emergency rule filed April 14, 1, 1995, effective Jan. 30, 1996. Rescinded:*

##### **10 CSR 20-12.060** General Reimbursement Procedures and 319.131 and 319.137, RSMo Supp. 1995. {#sec-10-csr-20-12.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-12.060}

Emergency rule filed April 14, 1992, effective April 24, 1992, expired Aug. 21, 1992.

Original rule filed April 14, 1992, effective Jan. 15, 1993. Amended: Filed June 1, 1995, effective Jan. 30, 1996. Emergency amendment filed Nov. 9, 1995, effective Nov. 20, 1995, expired May 17, 1996. Amended: Filed Jan. 2, 1996, effective Aug. 30, 1996.

##### **10 CSR 20-12.061** Cleanup Costs Reimbursements Criteria {#sec-10-csr-20-12.061 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-12.061}

Amended: Filed Jan. 2, 1996, effective Aug. 30, 1996. Rescinded: Filed April 1, 1999, effective March 30, 2000.

**History**
- *AUTHORITY: sections 319.111 and 319.129, RSMo 1994 and 319.109, 319.131 and 319.137, RSMo Supp. 1995. Emergency rule filed April 14, 1992, effective April 24, 1992, expired Aug. 21, 1992. Original rule filed April 14, 1992, effective Jan. 15, 1993.*

##### **10 CSR 20-12.062** Third-Party Claims {#sec-10-csr-20-12.062 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-12.062}

1993. Emergency rule filed April 14, 1992, effective April 24, 1992, expired Aug. 21, 1992. Original rule filed April 14, 1992, effective Jan. 15, 1993. Rescinded: Filed April 1, 1999, effective March 30, 2000.

**History**
- *AUTHORITY: sections 319.129 and 319.131, RSMo Supp. 1991 and 644.026, RSMo Supp.*

##### **10 CSR 20-12.070** Membership {#sec-10-csr-20-12.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-12.070}

Filed Jan. 2, 1996, effective Aug. 30, 1996.

**History**
- *AUTHORITY: sections 319.129 and 319.133, RSMo 1994 and 319.131 and 319.137, RSMo Supp. 1995. Emergency rule filed April 14, 1, 1995, effective Jan. 30, 1996. Amended:*

##### **10 CSR 20-12.080** Sites With Existing Contamination {#sec-10-csr-20-12.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-12.080}

Rebecca McDowell Cook (2/29/00)

**History**
- *AUTHORITY: sections 319.111 and 319.129, RSMo 1994 and 319.109, 319.131 and 319.137, RSMo Supp. 1995. Emergency rule filed July 17, 1995, effective July 27, 1995, expired Nov. 23, 1995. Emergency rule filed Nov. 9, 1995, effective Nov. 20, 1995, expired May 17, 1996. Original rule filed Jan. 2, 1996, effective Aug. 30, 1996.*

### **Chapter 13** State Underground Storage Tanks - Administrative Penalties

##### **10 CSR 20-13.080** Administrative Penalty Assessment {#sec-10-csr-20-13.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-13.080}

(Moved to 10 CSR 26-4.080)

ROBINCARNAHAN(11/30/11)

### **Chapter 14** Concentrated Animal Feeding Operation Waste Management System Operations

##### **10 CSR 20-14.010** Classification of Concentrated Animal Feeding Operation {#sec-10-csr-20-14.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-14.010}

##### **10 CSR 20-14.020** Certification of Concentrated Animal Feeding Operation Waste NATURAL RESOURCES Feeding Operation Waste Management System Operations {#sec-10-csr-20-14.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-14.020}

##### **10 CSR 20-14.010** Classification of Concentrated Animal Feeding Operation Waste Management Systems {#sec-10-csr-20-14.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-14.010}

PURPOSE: This rule outlines concentrated animal feeding operation waste management systems personnel certification requirements.

(1) Definitions. Definitions as set forth in the Missouri Clean Water Law, 10 CSR 20-2.010 and 10 CSR 20-6.300 shall apply to those terms when used in this rule, unless the context clearly requires otherwise or as noted in the subsections of this rule.

(A) Concentrated animal feeding operations (CAFO) waste management system.

Including but not limited to flush, recycle, storage, digestion, pumping, irrigation, waste spreading, and solids handling facilities, equipment, machinery, sewers, piping, valves, land, tanks, basins, lagoons and any other device, method and process for beneficial use of process waste.

(B) CAFO supervisor. A certified CAFO waste management system operator possessing a CAFO “A” level certification, in charge of the operating location of a CAFO waste management system, who directs or who has the authority to direct other individuals and includes a manager, superintendent, foreman, crew chief and shift supervisor. During land application activities and other waste management system operations, a CAFO supervisor must be available to waste system management personnel by phone or radio etc. and able to arrive at the site during emergencies or abnormal operating situations within a reasonable amount of time not to exceed thirty (30) minutes.

(C) CAFO operator. Any individual who operates or determines the method of operation or is directly involved in the daily management of a CAFO waste management system, either personally or by assignment, possessing at minimum a CAFO “B” level certification and has the authority to direct and/or manage up to five (5) CAFO operator trainees. This includes waste spreading and waste brokerage operations for wet or dry handling systems except for materials registered as a fertilizer under Chapter 266, RSMo. During land application activities and other waste management system operations, a CAFO operator must be present at the land application or operation site and in direct communication with the waste system personnel. The CAFO operator must be able to physically respond to emergencies and other abnormal operating situations within a reasonable amount of time not to exceed five (5) minutes.

(D) CAFO operator trainee. Any individual who has applied for CAFO waste management system operator certification with the department, but lacks the entry level training and/or a passing grade on the examination for a Certification of Competency and/or the required experience in CAFO waste management system operation. At Class IA wet and dry handling CAFO waste management systems, trainees must perform all CAFO waste management duties under the direct supervision of a certified CAFO operator or supervisor.

(E) Department. The Missouri Department of Natural Resources.

(2) CAFO Waste Management Systems Requirements.

(A) Requirements for operation by certified personnel shall apply to Class IA wet and dry handling CAFO waste management systems. All other CAFO waste management systems are exempt from this rule unless the department determines that certified personnel are necessary to protect the waters of the state from pollution or the placement of a contaminant in a location where it is reasonably certain to cause pollution of any waters of the state. Voluntary certification is available for CAFO operators and supervisors at facilities that are exempt.

(B) Owners or other persons legally responsible for the operation of CAFO waste management systems subject to this rule shall be responsible for assuring that CAFO operators and CAFO supervisors of CAFO waste management systems comply with the certification requirements as set forth in this rule.

(C) All persons performing the duties of a CAFO operator, as defined in subsection (1)(C) and (D) of this rule, at systems included in subsection (2)(A) of this rule shall be certified. A CAFO operator trainee shall complete department-approved entry level training and pass the examination within eighteen (18) calendar months of initial employment at a CAFO waste management system that is required to be operated by certified personnel as specified in subsection (2)(A) of this rule. Any trainee who is unable to pass the certification examination after three (3) attempts, or within eighteen (18) calendar months of initial employment, must attend an additional twelve (12) hours of department-approved CAFO training prior to reexamination.

(D) Minimum certification of competency classification requirements for CAFO supervisors and operators are outlined in subsections (1)(B) and (1)(C) of these rules.

(E) The owners of CAFO waste management systems shall furnish the department, upon request, the names, business addresses, initial employment dates, and positions of all employees who are operator trainees, CAFO operators or CAFO supervisors within their CAFO waste management systems.

(F) In the event a facility’s staff does not meet the certification requirements of this

rule, the facility owner shall notify the department in writing within ten (10) days of failure to meet the requirements. The notification shall include an explanation of why the requirements were not met. Following consultation with the facility owner, the department may establish a schedule of activities, including the date by which compliance with this rule shall be obtained.

(3) Penalties. Penalties for violation of this

rule shall be as provided in the Missouri Clean Water Law.

(4) Severance. If a section, subsection, paragraph, subparagraph, part, subpart, item or subitem of this rule or any part of it be declared unconstitutional or invalid for any reason, the remainder of this rule shall not be affected and shall remain in full force and effect.

Filed June 13, 2018, effective Feb. 28, 2019. 1973, 1987, 1993, 1995, 2000, 2012, 2014.

**History**
- *AUTHORITY: section 644.026, RSMo 2016. Nov. 30, 1996. Amended: Filed Nov. 14, 2000, effective July 30, 2001. Amended:*

##### **10 CSR 20-14.020** Certification of Concentrated Animal Feeding Operation Waste Management System Operators {#sec-10-csr-20-14.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-14.020}

PURPOSE: This rule sets out the requirements that a person must meet to obtain a concentrated animal feeding operations waste management system operator certificate.

(1) Definitions. Definitions as set forth in the Missouri Clean Water Law and 10 CSR 20- 14.010 shall apply to those terms when used in this rule, unless the context clearly requires otherwise or as noted in the subsections of this rule.

(A) Certificate of competency. A document issued by the department stating that the recipient named on the certificate has satisfied the requirements for the certification level specified pursuant to this rule.

(2) The department shall serve as the certifying agency for concentrated animal feeding operations (CAFO) waste management system personnel. Any applicant whose certification is denied, suspended, or revoked may appeal to the Administrative Hearing Commission as provided in section 621.250, RSMo.

(3) Certification of Competency.

(A) Certifications at the appropriate level shall be issued to individuals successfully passing the certification examination, completing entry level training, and fulfilling the experience requirements of subsection (3)(G) of this rule. The expiration date of the certifications shall coincide with renewal requirements as provided in subsection (4)(A) of this

rule. An examination score of seventy percent (70%) or more correct shall be considered a passing grade.

(B) All certification examinations pursuant to this rule shall be administered through the department. An examination will be available at a frequency of not less than four (4) times annually. Examination application forms and information, including examination dates and locations, will be available through the (C) A completed application form for examination must be submitted to the department no later than thirty (30) days before the scheduled examination session. A nonrefundable application fee of forty-five dollars ($45) shall accompany each application or twenty dollars ($20) for an application for subsequent exams for the same certification level if the applicant fails the initial exam.

(D) Examinations shall contain, but not necessarily be limited to, questions pertaining to the Missouri CAFO regulations, general CAFO waste management systems knowledge, water quality, agronomy, irrigation management, general agriculture, soil science, applied mathematics, chemistry, hydraulics, pumps and operation of irrigation and land application equipment, as applied to CAFO waste management systems.

(E) Any examinee who fails to receive a passing grade may not repeat that level examination for a period of not less than sixty (60)

days. The applicant must submit a new application for each repeat examination.

(F) An individual applying to take the examination will be allowed to reschedule two (2) times within twelve (12) months of the application date. After that, the applicant must reapply as required in subsection (3)(C) of this rule.

(G) Approval of applicant eligibility for certification of competency shall be the responsibility of the department. Assessment of applicant qualifications shall include the following criteria:

1. Successful completion of a department approved, pre-certification, entry level CAFO waste management system training course of at least twenty four (24) contact hours.

2. Actual CAFO waste management system operating experience required for classification level:

(H) Years of equivalent experience shall be computed from the following criteria:

1. General vocational training or work experience in related areas will be considered by the department on a case-by-case basis and shall be limited to a maximum of six (6) months’ equivalent experience.

(I) Any person having completed a department-approved entry level CAFO waste management course as required in paragraph (3)(G)1. of this rule, but not possessing the necessary operational experience, may take the certification examination. All CAFO operator applicants must complete the department-approved entry level training course outlined in paragraph (3)(G)1. of this rule prior to certification.

1. Upon passing the examination, the individual will have eighteen (18) cumulative months of employment within a CAFO waste management system to obtain the necessary operational experience for the certification level requested. If the necessary experience is not obtained within the eighteen (18)-month time frame, the individual must retake the examination to continue the CAFO operator certification process.

2. Application for a certificate must be made on the proper forms provided by the (J) An individual is not certified until the certificate has been issued.

(K) The minimum age for certification shall be eighteen (18) years.

(4) Certificate Renewal.

(A) All Class A and B CAFO Operator Certificates issued by the department shall be renewed at least every three (3) years. All applicants for renewal shall meet the training requirements set forth in subsection (4)(B) prior to the expiration date stated on each individual’s certificate.

(B) Before a certificate will be renewed, the applicant must submit suitable documentation that not less than twelve (12) hours of department-approved renewal training has been obtained for individuals who are certified for CAFO waste management systems.

Each certified CAFO operator is responsible for documenting such training.

(C) The department shall send notification of certification expiration to the certificate holder at the last known address at least sixty (60) days prior to the certificate’s expiration date. Failure of the department to notify the certificate holder of certification expiration does not relieve the certificate holder of the responsibility for renewal.

(D) Any certificate not renewed within sixty (60) days of the expiration date will lapse. Any person with a lapsed certification shall retake the examination as provided in

section (3) of this rule.

(E) Provided the department has received a timely and complete application for certification renewal, possesses sufficient renewal training and through no fault of the certificate holder, the department is unable to issue a new certificate before the expiration date of the previous certificate, the validity of the expired certificate shall continue until the department acts on the renewal application.

(F) A nonrefundable application fee of forty-five dollars ($45) shall accompany each renewal application. Application for renewal must be made on the form provided by the (G) A late fee of ten dollars ($10) per month up to a total of twenty dollars ($20) shall be assessed for any certificate renewed after the expiration date.

(5) Reciprocity.

(6/30/21) JOHN R. ASHCROFT 

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(A) Certificates may be issued, without examination, to any person who holds a valid certificate attained by examination in any state, territory or possession of the United States or any country or any other certifying

(B) The applicant requesting certification by reciprocity must have actual working experience with a CAFO waste management system in the state, province, country, territory or other authorized area that issued the certificate for which reciprocity is requested.

(C) The application for reciprocity must be submitted to the department within one hundred eighty (180) days from beginning employment with a CAFO waste management system in Missouri. The applicant must submit an application form provided by the department, with an application fee of forty dollars ($40).

(D) Reciprocal certificates will only be issued to persons who are employed within Missouri CAFO waste management systems.

Eligible applicants must submit twenty-five dollars ($25) for issuance of a reciprocated certificate. If employment with a Missouri CAFO waste management system is dependent upon the Missouri certification, the department will send a letter of intent to issue a certificate to the applicant. The letter of intent is valid for one hundred eighty (180) days provided that the certificate that the application is based upon remains valid. If the applicant does not obtain Missouri employment before the expiration date of the letter, he/she must reapply for reciprocal certification.

(6) Denial, Suspension, and Revocation.

(A) The department may deny, suspend or revoke any certification for any of the following reasons: fraud or deceit in obtaining certification, cheating on the certification examination, negligence, incompetence, misconduct, dishonesty, bribery or extortion, misrepresentation or malfeasance in the holder’s action in operating a CAFO waste management system or appurtenances, sabotage, selective sampling, falsification of facility operating records or reports required by 10 CSR 20, or any violation of 10 CSR 20 or the Missouri Clean Water Law, Chapter 644, RSMo. An operator should not be held responsible for a condition in which that person cannot obtain the necessary resources to correct. The permit holder is responsible for providing the necessary resources to the operator.

(B) Notice of a suspension or revocation action will be issued by the department with service by hand delivery or through certified mail to the certificate holder at that individual’s last known address. That notice shall state the reason(s) for suspension or revocation, the effective date of the suspension or revocation and the action(s) the certificate holder may take to contest the suspension or revocation.

(C) Individuals with revoked certificates must reapply and retake the certification examination to regain operator certification.

Application for certification examination by an individual whose certificate is suspended or revoked may not be made sooner than one (1) year from the effective date of suspension or revocation. Acceptance of any such application shall be at the discretion of the department. When the deficiency is related to a particular weakness, the department may require the operator to complete training in that deficient area. Suspended certificates may be reinstated upon written request from the operator after the suspension term has expired and all suspension requirements have been met.

(D)Any suspended or revoked certificate shall be returned to the department.

(7) The certificate holder shall notify the department of any change in status including, but not limited to, change of name, change of address and change of employer.

(8) All application fees are nonrefundable and nontransferable.

(9) Penalties. Penalties for violation of this

rule shall be as provided in the Missouri Clean Water Law.

Filed June 13, 2018, effective Feb. 28, 2019. ** 1973, 1987, 1993, 1995, 2000, 2012, 2014. **Pursuant to Executive Order 21-07, 10 CSR 20-14.020, subsection (4)(B) was suspended from April 30, 2020 through February 1, 2021 and subsection (4)(G) was suspended from April 19, 2021 through June 30, 2021.

**History**
- *authority, providing the requirements for certification of CAFO operators under which the person’s certificate was issued do not conflict with the provisions of this rule and are of an equal or higher standard than that specified by the regulations adopted under this rule.*
- *AUTHORITY: section 644.026, RSMo 2016. Nov. 30, 1996. Amended: Filed Nov. 14, 2000, effective July 30, 2001. Amended:*

##### **10 CSR 20-14.030** Operator Training {#sec-10-csr-20-14.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-14.030}

PURPOSE: This rule establishes criteria for approval of operator training courses.

(1) Only training approved by the department will be credited toward meeting the operator training requirements. Operator training content shall be related to Missouri Concentrated Animal Feeding Operation (CAFO) regulations, general CAFO waste management systems knowledge, water quality, agronomy, general agriculture, soil science, applied mathematics, chemistry, hydraulics, pumps, irrigation management and operation of irrigation and land application equipment, as applied to CAFO waste management systems.

(2) Training providers sponsoring operator training for CAFO waste management system operators shall submit the following to the department for approval. This information should be submitted to the department at least thirty (30) days prior to the training:

(A) Date and location of the training;

(B) Name, address and telephone number of person to contact regarding the training;

(C) Course outline, showing the topic(s) to be presented and time allotted for each (including beginning and ending times);

(D) Name(s) of instructor(s) and qualifications (not just title or company name);

(E) List of any audiovisual materials to be used, such as videotapes, slides, slide/tape presentations, films and overheads; and (F) Handouts.

(3) Renewal credit is based upon actual inclass contact time in the training. All breaks and meal times must be noted on the agenda and will not count toward in-class contact time. Excessive time allotted for introductions or welcomes and business meetings will not count toward contact time.

(4) No credit will be given until a training course is completed. The completion date of a multi-day course is the last day of the course.

(5) Renewal credit will be issued in increments of one-half (0.5) hour. The minimum course length will be one (1) hour in length.

Any training or portion of training approved by the Department of Natural Resources and issued continuing education units (CEUs) will be given credit at the rate of ten (10.0) hours per one (1.0) CEU.

(6) Once the information for a course required in section (2) has been approved, it need not be resubmitted for subsequent sessions of that course. However, any change in the course content, time allotted, instructor or material used must be submitted to the department for approval. The department must be notified thirty (30) days in advance of (9/30/21) JOHN R. ASHCROFT any subsequent session(s) of an approved course.

(7) Training in fields related to CAFO waste management or by out-of-state entities will be reviewed for renewal credit on an individual

basis. The operator must provide the information specified in subsections (2)(A)–(F) of this rule.

(8) All department approvals will be in writing. The approval will include a course attendance roster form that will show the course name, coordinator, date, location, course identification number and amount of renewal credit.

(9) Advertisement of any training shall not state that the program has been approved for renewal credit until the department has issued its formal approval and assigned a course identification number and determined the amount of renewal credit. Any advertisement that states that the training is approved must include the course identification number and amount of renewal credit.

(10) Training providers should issue certificates verifying the completion of training courses to the attendees. The certificates include the following:

(A) Attendee’s name;

(B) Name of the course;

(C) Renewal credit;

(D) Course identification number;

(E) Date that the course was held;

(F) Location of the course; and (G) Name of the course coordinator or instructor.

(11) Training providers shall submit the course attendance roster to the department within fifteen (15) working days of the completion of the course. Information on the roster shall include:

(A) Name of the course;

(B) Renewal credit;

(C) Course identification number;

(D) Date that the course was held;

(E) Location of the course;

(F) Name of the course coordinator or instructor;

(G) Names of all attendees; and (H) Certificate number of all attendees, if applicable.

(12) The department shall make information available upon request as to which courses, seminars, etc., will be approved for CAFO waste management system operator renewal purposes.

(13) Renewal credit shall be valid only for the renewal period in which it was earned.

Renewal credit in excess of the required hours for the renewal period may not be carried over into any subsequent renewal training period.

**History**
- *AUTHORITY: section 644.026, RSMo 2000. Nov. 30, 1996. Amended: Filed Nov. 14, 2000, effective July 30, 2001. 1973, 1987, 1993, 1995, 2000.*

### **Chapter 15** Aboveground Storage Tanks-Release Response

##### **10 CSR 20-15.010** Applicability and Definitions {#sec-10-csr-20-15.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-15.010}

(Moved to 10 CSR 26-5.010)

##### **10 CSR 20-15.020** Release Reporting and Initial Release Response Measures {#sec-10-csr-20-15.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-15.020}

(Moved to 10 CSR 26-5.020)

##### **10 CSR 20-15.030** Site Characterization and Corrective Action {#sec-10-csr-20-15.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-15.030}

(Moved to 10 CSR 26-5.030)

ROBINCARNAHAN(11/30/11)

## **Division 22** Dam and Reservoir Safety and Council

### **Chapter 1** Definitions

##### **10 CSR 22-1.010** General Organization {#sec-10-csr-22-1.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-1.010}

(Rescinded August 30, 2018)

Original rule filed April 14, 1981, effective Aug. 13, 1981. Rescinded: Filed Dec. 29, 2017, effective Aug. 30, 2018.

**History**
- *AUTHORITY: Chapter 236, RSMo 1986.*

##### **10 CSR 22-1.020** Definitions {#sec-10-csr-22-1.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-1.020}

PURPOSE: The following terms when used in rules, standards and guidelines adopted by the Dam and Reservoir Safety Council pursuant to the dam safety law shall have the meaning respectively ascribed to them by this

section.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive.

This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) Agency engineer means an experienced engineer, not necessarily registered as a professional engineer in Missouri, who works for an engineering division of a state or federal agency regularly engaged in dam and reservoir design and construction for soil and water conservation or irrigation or relating to wildlife conservation.

(2) Agricultural dam means any dam, the primary use of which is to impound water for use in irrigation, livestock watering or commercial fish rearing and sale.

(3) Alterations, repairs, or either means alterations or repairs as affect the safety of a dam or reservoir, or public safety, life or property.

(4) Appurtenant works means the structures or materials incident to or annexed to dams which are built or maintained in connection with dams and which are used primarily in connection with their proper operation, maintenance or functioning. This includes, without limitation, structures as spillways, either in the dam or separate therefrom; the reservoir rim; low level outlet works; and water conduits such as tunnels, pipelines or penstocks, either through a dam or its abutments.

(5) Area capacity curves means graphic curves which show the relationship between reservoir surface area and the storage capacity of the reservoir at given elevations.

(6) Chief engineer means the head of the dam and reservoir safety program of the Department of Natural Resources or his/her representative.

(7) Commercial fish rearing reservoir means a reservoir which was designed specifically for fish rearing purposes and the primary use is to provide water for commercial fish rearing and sale to other parties in a for profit venture. This does not include activities such as sport fishing.

(8) Construction permit means a written authorization issued by the council giving the owner the right to construct, alter, enlarge, reduce, repair or remove a dam or reservoir or appurtenances thereto, with conditions that are necessary to adequately protect the public safety, life, property, the dam or reservoir.

(9) Conventional dam means any dam other than an industrial water retention dam.

(10) Council delegate or authorized representative means an individual, usually the chief engineer, authorized by the council to act in its behalf.

(11) Crest or dam crest means the top surface of the dam.

(12) Crest elevation or dam crest elevation means the lowest elevation of the crest exclusive of the spillway(s).

(13) Dam means any artificial or man-made barrier which does or may impound water and which impoundment has or may have a surface area of fifteen (15) or more acres of water at the water storage elevation or which is thirty-five feet (35') or more in height from the natural bed of the stream or watercourse or lowest point on the toe of the dam (whichever is lower) up to the crest elevation, together with appurtenant works. Sections 236.400 to 236.500, RSMo shall not apply to any dam which is not or will not be thirtyfive feet (35') or in excess of thirty-five feet (35') in height or to any dam or reservoir licensed and operated under the Federal Power Act.

(14) Dam and Reservoir Safety Council referred to as the council means seven (7) members appointed by the governor for purposes of implementing the dam safety law.

(15) Dangerous dam or reservoir is a dam or reservoir which is in an advanced state of deterioration so that if deterioration continues, the threat of dam failure and flooding would be substantial.

(16) Department means the Department of Natural Resources.

(17) Downstream environment zone means the area downstream from a dam that would be affected by inundation in the event the dam failed when filled to the emergency spillway crest elevation or to the dam crest elevation, in the absence of an emergency spillway.

(18) Earthquake intensity means Modified Mercalli intensity which is used to describe the degree of shaking a dam will experience.

(19) Enforcement order means a written directive issued by the council or the chief engineer to the owner of a dam for correction of defects in the dam or reservoir which have been determined to make the structure a threat to public safety, life or property. The order will contain specific actions with which the owner must comply to remove the threat the dam or reservoir poses to public safety, life or property.

(20) Enlargement means any change in or addition to an existing dam or reservoir, which raises the height of the dam, increases the watershed for the reservoir or raises the water storage elevation of the water impounded by the dam or reservoir.

(21) Environmental class means a classification of the downstream environment zone based on the contents of that zone (see 10 CSR 22-2.040(1)). Class I represents the most severe threat to public safety, life or property and Class III represents the least threat.

(22) Factor of safety means the resultant of the summation of the forces resisting failure divided by the summation of the driving forces tending to cause failure.

(23) Freeboard means the difference in elevation between the dam crest elevation and the water storage elevation in the reservoir.

(24) Height or height of dam means the difference in the elevation of either the natural bed of the stream or watercourse or the lowest point on the toe of the dam (whichever is lower) and the dam crest elevation.

(25) Industrial building means a permanent, enclosed structure used by groups of workers usually involved in some type of manufacturing, processing or industrial related process.

(26) Industrial water retention dam means a dam used to retain the solids transported as water-borne industrial byproducts and the associated water. This includes, but is not limited to, tailings dams, slime impoundments and settling ponds.

(27) Inundation means water, two feet (2') or more deep, over the general level of the submerged ground affected outside the stream channel.

(28) Inspection means scheduled and unscheduled examinations of a dam and reservoir with the primary objective of making safety observations and recording them in a written description.

(29) Irrigation reservoir means a reservoir whose primary use is to provide water for the irrigation of agricultural lands for the production of grains, hay, pasture, fruits, vegetables and animal feeds which are for sale or to be used by the owner.

(30) Law means the dam and reservoir safety law, as contained in Chapter 236, RSMo and all rules, standards and guidelines adopted thereto.

(31) Liquefaction is a condition where a soil will undergo continued deformation at a constant low residual stress or with low residual resistance, due to the build-up and maintenance of high pore water pressures, which reduce the effective confining pressure to a very low value.

(32) Livestock watering reservoir means a reservoir whose primary use is to provide water for livestock which are raised for breeding or marketing purposes.

(33) Maintenance means the proper keeping of all aspects of a dam or reservoir and appurtenances thereto, that pertain to safety, in a state of repair and working order as necessary to comply with the law and any permit issued thereunder and to protect public safety, life or property.

(34) Modification(s) means changes or revisions to the design, construction, maintenance, operation or repair or the alteration, enlargement, reduction, removal or natural physical changes that may occur to a dam or reservoir that were not included in the approved plans for the construction permit, or changes or revisions to a dam or reservoir where a registration or safety permit is in effect or required hereunder, if the changes or revisions would endanger public safety, life or property as a result of creating a potential failure in the dam or reservoir; except that modification(s) do not mean or include approved anticipated enlargements, outlined by design plans and specifications submitted and approved with the original application for a construction, safety or registration permit for industrial water retention dams and reservoirs.

(35) Observable defects are those defects which would be detectable by an experienced professional engineer making an on-site visual inspection of the dam in accordance with current engineering, geologic and construction practices.

(36) Owner or dam owner means a person who owns, controls, operates, maintains, manages or proposes to construct a dam or reservoir including: the state and its departments, institutions, agencies and political subdivisions, but not the United States government; a municipal or quasi-municipal corporation; a district; a public utility; a natural person, firm, partnership, association, corporation, political subdivision or legal entity; the duly authorized agents or leasees, or trustees of any of the foregoing; or receivers or trustees appointed by any court for any of the foregoing.

(37) Permanent dwelling means a dwelling occupied at least ninety (90) days a year.

(38) Permit means construction, safety or registration permit.

(39) Permit applicant or applicant means an owner who applies for a construction, safety or registration permit.

(40) Probable maximum acceleration means the horizontal acceleration developed at a dam as a result of an earthquake with a probability of occurrence similar to the probable maximum precipitation. The probable maximum acceleration is readily available from a Corps of Engineers Report entitled Earthquake Potential of the St. Louis District—Ground Motion Supplement which is on file with the chief engineer of the Dam and Reservoir Safety Program.

(41) Probable maximum precipitation or PMP means the precipitation that may be expected from the most severe combination of critical meteorologic conditions that are reasonably possible in an area. The PMP is readily available from the National Weather Service in Hydrometeorological Report 51, Probable Maximum Precipitation Estimates, United States East of the 105th Meridian.

(42) Public building means a permanent, enclosed structure used by groups of the general public but not necessarily owned by the public.

(43) Registration permit means a permit issued for a period not to exceed five (5) years by the council to the owner of a dam or reservoir in existence or in the progress of construction on August 13, 1981 or which becomes subject to the law for the dams and reservoirs by a change in factors or circumstances subsequent to that date.

(44) Reservoir means any basin, including the water, which contains or will contain the maximum amount of water impounded by a dam.

(45) Safety permit means a permit issued to the owner of a dam for a period of five (5) years, or less if safety considerations so require, by the council indicating that the dam meets the requirements of the law, and containing conditions as to operations, maintenance and repair as are necessary to adequately protect public safety, life and the dam or reservoir.

(46) Seepage means the migration of water through a dam or foundation.

(47) Significant modification means changes, alteration or modifications to an existing dam or changes to the construction documents for a new dam. Those include, but are not limited to: changes in the location of the dam or reservoir, changes in the storage capacity or drainage area, changes in the capacity of the spillway system, modification of the embankment slopes, changes in the height of the dam or structure, or the use of different construction methods or procedures than those submitted with the permit application.

(48) Spillway means any passageway, channel or structure, open or closed or both, designated expressly or primarily to discharge excess water from a reservoir after the water storage elevation has been reached.

4CODE OF STATE REGULATIONS

(1/29/19) JOHNR. ASHCROFT

(49) Spillway design flood or SDF means the specified flood discharge that may be expected from the most severe combination of critical meteorologic and hydrologic conditions that are reasonably possible in an area and for which the dam and reservoir are designed.

The SDF is derived from the rainfall values given in Table 5.

(Editor’s Note: For Table 5 see 10 CSR 22- 3.020)

(50) Stability means the properties of a dam or reservoir that cause it when disturbed from a condition of equilibrium to develop forces or moments that restore the original condition.

(51) Starter dam means a pervious or impervious dam constructed as the first phase in the building of an industrial water retention dam and reservoir.

(52) Storage means the volumetric capacity of the reservoir below the water storage elevation or other selected reference on the dam.

(53) Stream means any river, creek or channel, having well-defined banks, in which water flows for substantial periods of the year to drain a given area.

(54) Tailings means the material generated by a mining/milling operation which is deposited in slurry form in an impoundment for storage, disposal, or both.

(55) Tailings dam means an existing dam or reservoir used for the impoundment or retention of tailings or a proposed, existing or newly constructed dam and reservoir for which the anticipated or contemplated use is the impoundment or retention of tailings.

(56) Toe or toe of slope means the line of the fill (dam embankment) slope where it intersects the natural ground.

(57) Water means water, other liquids or tailings.

(58) Watercourse means a valley, swale, depression or other low place in the topography occupied by flowing water during conditions of runoff.

(59) Water storage elevation means that elevation of water surface at the principal spillway which could be obtained by the dam or reservoir were there no outflow and were the reservoir full of water.

(60) Watershed means the area that contributes or may contribute surface water to a reservoir.

Filed June 14, 1984, effective Jan. 1, 1985.

Amended: Filed Sept. 1, 1993, effective May 9, 1994. Amended: Filed June 27, 2018, effective Feb. 28, 2019. *Original authority: 236.405, RSMo 1979, amended 1933 and 236.415, RSMo 1979.

**History**
- *AUTHORITY: sections 236.405 and 236.415, RSMo 2016. Original rule filed April 14, 1981, effective Aug. 13, 1981. Amended:*

##### **10 CSR 22-1.030** Immunity of Officers {#sec-10-csr-22-1.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-1.030}

(Rescinded August 30, 2018)

Original rule filed April 14, 1981, effective Aug. 13, 1981. Rescinded: Filed Dec. 29, 2017, effective Aug. 30, 2018.

**History**
- *AUTHORITY: section 236.475, RSMo 1986.*

### **Chapter 2** Permits

##### **10 CSR 22-2.070** Modifications not Requiring Permit Changes NATURAL RESOURCES Safety Council {#sec-10-csr-22-2.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-2.070}

##### **10 CSR 22-2.010** Who Needs a Permit {#sec-10-csr-22-2.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-2.010}

PURPOSE: This rule identifies those persons who need to obtain a permit for their dam and reservoir and to identify those persons who do not need to obtain a permit for their dam and reservoir.

(1) The owner of a proposed new dam thirtyfive feet (35') or more in height is required to obtain a construction permit and a safety permit for his/her dam and reservoir. The owner of an existing dam thirty-five feet (35') or more in height is required to obtain a registration permit within the time set forth in 10 CSR 22-2.020(2).

(2) By definition, the United States government is not considered an owner. Therefore, no federal dam and reservoir is regulated by sections 236.400—236.500, RSMo and no permits are required.

(3) Agricultural dams are exempted from all permit requirements as long as the agricultural dam and reservoir continue to be used primarily for agricultural purposes (see 10 CSR 22-1.020(2)). The owners of agricultural dams and reservoirs thirty-five feet (35') and higher in height must notify the council of their reliance on this exemption and their

basis for application of this exemption to their dams. If an agricultural dam and reservoir is constructed after the effective date of the law, but subsequently becomes subject to the provisions of the law, the owner shall provide, prior to obtaining a registration permit, evidence that the dam meets the construction permit criteria in effect at the time the dam was constructed.

(4) Dams and reservoirs licensed and operated under the Federal Power Act are exempted from all permit requirements.

(5) Industrial water retention dams (see 10 CSR 22-1.020(27)) and reservoirs regulated by another state agency or federal agency are exempted from all permit requirements. For the exemption to apply, the industrial water retention dam and reservoir must be subject to safety inspections by the other state agency or federal agency and standards used must be at least as stringent as those required by the law. In addition, the owner must notify the council that another agency is regulating his/her dam and reservoir and explain the

basis for the exemption to apply.

**History**
- *AUTHORITY: sections 236.400, 236.405, 236.415, 236.435, 236.440, and 236.465, RSMo 2016. Original rule filed April 14, Amended: Filed Sept. 1, 1993, effective May 9, 1994. Amended: Filed June 27, 2018, Original authority: 236.400, RSMo 1979; 236.405, RSMo 1979, amended 1993, 1995; 236.415, RSMo 1979, amended 1995; 236.435, RSMo 1979; 236.440, RSMo 1979; and 236.465, RSMo 1979.*

##### **10 CSR 22-2.020** Types of Permits {#sec-10-csr-22-2.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-2.020}

PURPOSE: This rule describes the three types of permits and their uses that the Dam and Reservoir Safety Council will issue.

(1) There are three (3) types of permits—registration permits, construction permits, and safety permits and each one is intended to regulate a separate and distinct type of activity. A dam and reservoir will have only one (1) type of permit in effect at any given time although they may have more than one (1) type of permit during their existence.

(2) Registration permits (see 10 CSR 22- 1.020(44)) apply to and are required for the continued operation of a dam and reservoir that was in existence or in the process of being constructed on the effective date of this

section, August 13, 1981. A registration permit also applies to and is required for structures which become subject to the provisions of the dam and reservoir safety law that were in existence prior to the date that they became subject to the law. Registration permits may be issued for a time period up to five (5) years.

(3) Construction permits (see 10 CSR 22- 1.020(8)) apply to the construction of a new dam and reservoir, the alteration, enlargement, reduction, repair, or removal of a new or existing dam, reservoir, or appurtenances.

New dams are dams for which construction commences after the effective date of this section, August 13, 1981. A construction permit may be issued for any reasonable length time period in order to complete construction and it may contain appropriate restrictions placed on the owner for construction and operation of the dam and reservoir during that period. At the conclusion of con struction, a safety or registration permit shall be obtained by the owner.

(4) Safety permits (see 10 CSR 22-1.020(48)) apply to the operation of a dam and reservoir constructed pursuant to a construction permit. The safety permit is not a guarantee of the dam and reservoir’s safety and does not alter the owner’s liability; it is simply an operating permit. If a dam and reservoir were not subject to the provisions of the law when they were constructed but subsequently become subject to the provisions of the law, the owner shall obtain a registration permit, not a safety permit. Safety permits may be issued for a time period up to five (5) years, and they may contain appropriate conditions for the operation and safety of the dam and reservoir.

**History**
- *AUTHORITY: sections 236.400, 236.405, 236.415, 236.435, 236.440, and 236.465, RSMo 2016. Original rule filed April 14, Amended: Filed May 15, 1987, effective Sept. 15, 1987. Amended: Filed June 27, 2018, Original authority: 236.400, RSMo 1979; 236.405, RSMo 1979, amended 1993, 1995; 236.415, RSMo 1979, amended 1995; 236.435, RSMo 1979; 236.440, RSMo 1979; and 236.465, RSMo 1979.*

##### **10 CSR 22-2.030** Types of Dams and Reservoirs {#sec-10-csr-22-2.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-2.030}

PURPOSE: This rule describes the two fundamentally different types of dams and reservoirs that will be required to obtain permits from the Dam and Reservoir Safety Council.

(1) There are two (2) types of dams and reservoirs, conventional dams and reservoirs and industrial water retention dams and reservoirs. The two (2) types of dams and reservoirs are distinguished on the basis of their reservoir contents and the length of the time period during which active dam building occurs.

(2) Conventional dams and reservoirs (see 10 CSR 22-1.020(9)) are dams and reservoirs used for purposes other than tailings, slime, settling or other similar industrial water retention purposes. A conventional dam is constructed in one (1) relatively continuous operation over a short time span (compared to the design life of the reservoir). Filling and use of the reservoir occurs after construction is completed.

(3) Industrial water retention dams and reservoirs (see 10 CSR 22-1.020(27)) are dams and reservoirs used for the purpose of storing solids and the water associated with the particular industrial process such as tailings, slime and other similar industrial materials.

An industrial water retention dam may be constructed in phases and steps or continuously, over a long period of time (compared to the design life of the reservoir). Filling and use of the reservoir may occur during most phases of construction. An industrial water retention dam and reservoir in existence or under construction on the effective date of 10 CSR 22-2.020(2), August 13, 1981, shall obtain a registration permit which may include approval to make enlargements. The owner of any such dam and reservoir shall apply for and obtain new construction and/or registration permits for any modifications to that dam and reservoir other than enlargements covered by an existing permit. A construction permit is required and shall be obtained by the owner, for the initial construction phase of any new industrial water retention dam and reservoir built after the effective date of 10 CSR 22-2.020(3), August 13, 1981. Upon completion of the initial construction phase, the owner shall apply for a safety permit for the operation and enlargement of the new dam and reservoir. 1993 and 236.415, 236.435, 236.440 and 236.465, RSMo 1986.* Original rule filed *Original authority: 236.405, RSMo (1979), amended 1993 and 236.415, 236.435, 236.440 and 236.465, RSMo (1979).

##### **10 CSR 22-2.040** Classes of Downstream Environment {#sec-10-csr-22-2.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-2.040}

PURPOSE: This rule describes the three environmental classes for the downstream environmental zone that will be used by the Dam and Reservoir Safety Council when considering permits.

(1) The downstream environment zone is the area downstream from a dam that would be affected by inundation in the event the dam failed. Inundation is defined as water, two feet (2') or more deep over the general level of the submerged ground affected outside the stream channel. Based on the content of the downstream environment zone, three (3) environmental classes are defined. They are: class I, which contains ten (10) or more permanent dwellings or any public building; class II, which contains one to nine (1–9) permanent dwellings, or one (1) or more campgrounds with permanent water, sewer and electrical services or one (1) or more industrial buildings; and class III, which is everything else.

(2) Spillway design standards are based on the environmental class of the downstream environment zone of a dam and reservoir.

The standards become more stringent for lower environmental class numbers. If conditions change in the downstream environment zone and it becomes necessary to change the environmental class of the dam and reservoir, the owner must then meet the standards and criteria for the new environmental class of the dam and reservoir. A dam and reservoir may be in only one (1) environmental class at a given time.

(3) Inundation, the downstream environmental zone and the associated environmental class are analyzed, assuming the dam fails with the reservoir at the emergency spillway crest elevation or the dam crest elevation in the absence of an emergency spillway. If the spillway standards for class I are used, the failure analysis does not have to be performed. If a failure analysis is made, the contents of the downstream environment zone used to determine the environmental class are only the features that would be inundated by the flooding resulting from the dam failure. 1993 and 236.415, 236.435, 236.440 and 236.465, RSMo 1986.* Original rule filed and 236.415, 236.435, 236.440 and 236.465, RSMo 1979.

##### **10 CSR 22-2.050** Issuing First Permit for issuing the first permit to a dam and reservoir owner for a particular dam and reservoir. {#sec-10-csr-22-2.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-2.050}

(1) A permit will be issued or a letter will be sent to the owner with comments within forty-five (45) days after the receipt of a properly prepared application or after the completion of any hearings or record period conducted by the council in connection with the application, whichever is later. The council, upon hearing the recommendations of the chief engineer, shall approve or deny the permit application.

(2) A permit will be issued if a complete and proper application has been submitted and the dam and reservoir comply with the law.

(A) A registration permit may be denied if it is determined that the owner has not complied with the experienced professional engineer’s or agency engineer’s inspection recommendations.

(B) A construction permit may be denied if there is insufficient information to determine that the proposed construction, alteration, enlargement, reduction or removal of a dam or reservoir would not endanger public safety, life or property or otherwise would comply with the law.

(C) A safety permit may be denied if it is determined that there are violations of the construction permit or the law.

(D) If revisions have been made which vary substantially from the provisions of the construction permit, the owner must show that the revisions do not endanger public safety, life or property before a safety permit will be issued.

(3) Conditions contained in a construction permit shall include that the construction work must be under the responsible charge of an experienced professional engineer and the records be kept and made available as required by the chief engineer including, without limitation, for the foundation excavation and inspection and placement of backfill in the core trench. It is not necessary for the engineer in responsible charge to be on-site continuously. During construction, the council or its delegate, the chief engineer, may make periodic site inspections the purpose of inspecting and securing conformity of construction with the approved plans and specifications and the owner shall permit, upon reasonable notice, the person entry upon its property to make such inspections. The owner may be required to perform, at its own expense, reasonable work or tests as are necessary to provide sufficient information to enable the council to determine that there is conformity. Usually, testing will be limited to verification of embankment compaction, concrete strengths and other similar requirements. It is expected that the tests will be required where the owner’s inspection records are lacking.

(4) Any significant modifications from a construction permit or approved plans makes the permit void and requires the owner to obtain a new permit. Significant modification to the plans and specifications must be prepared by an experienced professional engineer. The council or its delegate will follow the same evaluation procedures for the modifications 4CODE OF STATE REGULATIONS (1/29/19) JOHNR. ASHCROFT as used with issuance of the original construction permit. Special attention will be given to these modification requests to provide a quick decision.

(5) The owner of a dam and reservoir that is removed under a construction permit must notify the council or its delegate when this work is completed and in conformity with the provisions of the construction permit. The council or its delegate will then issue a final approval to relieve the owner of the requirement to have a permit upon a showing that the requirements of the law for removal have been satisfied.

(6) Approval by the council for a construction permit becomes invalid within one (1) year, unless work on the construction has begun within that period, except that the owner may be excused from beginning work for a period of time that the work is prevented by flood, shortage of materials or regulation of government which cannot be met for reasons over which the owner has no control or other causes beyond the owner’s control. The same applies to construction of approved modifications contained in the conditions of a registration or safety permit for industrial water retention dams unless the conditions specify a different time schedule.

rule filed April 14, 1981, effective Aug. 13, 1981. Amended: Filed June 14, 1984, effective Jan. 1, 1985. *Original authority: 236.400, 236.415, 236.435, 236.440 and 236.465, RSMo 1979 and 236.405, RSMo 1979, amended 1993.

**History**
- *AUTHORITY: sections 236.400, 236.415, 236.435, 236.440 and 236.465, RSMo 1986 and 236.405, RSMo Supp. 1993. Original*

##### **10 CSR 22-2.060** Issuing Permit Renewals {#sec-10-csr-22-2.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-2.060}

(Rescinded August 30, 2018) 1993 and 236.415, 236.440 and 236.465, RSMo 1986. Original rule filed April 14, Rescinded: Filed Dec. 29, 2017, effective Aug. 30, 2018.

##### **10 CSR 22-2.070** Modifications not Requiring Permit Changes {#sec-10-csr-22-2.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-2.070}

(Rescinded January 1, 1985)

**History**
- *AUTHORITY: sections 236.405, 236.415, 236.435, 236.440, and 236.465, RSMo Supp. 1980. Original rule filed April 14, 1981, effective Aug. 13, 1981. Rescinded:*

##### **10 CSR 22-2.080** Revoking Permit {#sec-10-csr-22-2.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-2.080}

PURPOSE: This rule describes the reasons for revoking a permit.

(1) Approval of the council or its delegate, the chief engineer, shall be obtained for modifications that substantially alter or adversely affect the safety or stability of the dam or reservoir. Modifications, without the approval of the council or its delegate, the chief engineer, are cause for suspension or revocation of any permit. If the chief engineer finds that the condition of the dam and reservoir has deteriorated substantially from those conditions present when the permit was issued, or that has defects which adversely affect the safety or stability of the dam and reservoir or threatens public safety, life or property, s/he shall revoke the permit. If a permit is suspended or revoked, the dam owner will be in violation of the law and may be subject to prosecution for a misdemeanor.

(2) If the chief engineer determines that a dam or reservoir constitutes a threat to public safety, life or property, s/he may order its removal or take any other actions necessary to reduce or eliminate the threat. Failure of a dam owner to alter or remove his/her dam and reservoir as directed, when it is found to be a threat to public safety, life or property, will result in revocation of the permit and, if necessary, removal of the dam or any other action necessary to reduce or eliminate the threat to public safety, life or property by the state at the owner’s expense. 1993 and 236.415, 236.445, 236.495 and 236.500, RSMo 1986.* Original rule filed and 236.415, 236.445, 236.495 and 236.500, RSMo 1979.

##### **10 CSR 22-2.090** Transferring Permit for transferring a permit when ownership changes. {#sec-10-csr-22-2.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-2.090}

(1) Permits issued pursuant to 10 CSR 22- 2.050 and 10 CSR 22-2.060 are transferable only as provided in section 236.460, RSMo.

If ownership or other transfer of interest in the dam and reservoir changes, the former owner must notify the chief engineer of the sale or transfer and the permit will be transferred to the new owner after determination that the transfer will not endanger the public safety, life, property, the dam or reservoir.

The permit holder of record will be held responsible for maintaining compliance with these rules and standards. If the former owner does not have the permit transferred, the new owner may submit the appropriate application and documents necessary to obtain a new permit. The new owner, in this case, must also show proof of ownership. The old owner’s responsibilities of ownership under the law will not be extinguished until the permit is transferred to an eligible owner.

Nothing in these regulations shall be construed to eliminate the liability of the previous owner for damages or injuries caused by a dam failure, nor a new operator who has not obtained a permit nor had an existing permit transferred to his/her name. 1993 and 236.415, and 236.460, RSMo 1986.* Original rule filed April 14, 1981, effective Aug. 13, 1981. Amended: Filed June 14, 1984, effective, Jan. 1, 1985. and 236.415 and 236.460, RSMo 1979.

##### **10 CSR 22-2.100** Appeal of Action on Permits for appealing the results of any action taken with regard to a permit. {#sec-10-csr-22-2.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-2.100}

(1) Permits revoked or denied are subject to council appeal. All parties shall be afforded an opportunity for hearing before the council for review of denial or revocation decisions, if request is made within thirty (30) days after notice is served personally or by certified or registered mail upon the parties or their agents. Except for emergency action, further legal action shall not be taken until after the hearing and council decision.

(2) The record of hearing shall include all written testimony, data, records, etc., as well as all oral proceedings recorded.

(3) A final decision will be in writing, and the party or its agents will be notified personally or by registered or certified mail of the final decision. A copy of any opinion in support of this decision will be furnished upon request. Decisions are subject to judicial review pursuant to provisions of section 236.480, RSMo.

6CODE OF STATE REGULATIONS

(1/29/19) JOHNR. ASHCROFT

**History**
- *AUTHORITY: sections 236.405, 236.415, 236.425, 236.440, 236.445, 236.470, and 236.480, RSMo 2016. Original rule filed 1, 1985. Amended: Filed June 27, 2018, Original authority: 236.405, RSMo 1979, amended 1993, 1995; 236.415, RSMo 1979, amended 1995; 236.425, RSMo 1979; 236.440, RSMo 1979; 236.445, RSMo 1979; 236.470, RSMo 1979; and 236.480, RSMo 1979.*

### **Chapter 3** Permit Requirements

##### **10 CSR 22-3.010** General Information {#sec-10-csr-22-3.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-3.010}

PURPOSE: The purpose of this rule is to provide general information about permit requirements.

(1) Requirements for existing or proposed dams and reservoirs must allow for variations in conditions and materials from site-to-site.

Therefore, this rule and 10 CSR 22-3.020—

##### **10 CSR 22-3.050** describe the minimum general requirements which are consistent with current engineering, geologic, construction, operation and maintenance practices, necessary to obtain permits from the Dam and Reservoir Safety Council. {#sec-10-csr-22-3.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-3.050}

(2) These rules are not intended to define the only requirements for a dam and reservoir to comply with the law or sound engineering, geologic and construction practices, to be used in detailed site investigation or in the specific design and construction of individual dams. The detailed and specific information that outlines current and prudent engineering, geologic and construction practices is available in technical literature. Determinations by the Dam and Reservoir Safety Council, after hearing the recommendations of the chief engineer of the acceptability of a design and adequacy of plans, specifications and construction must be made, by necessity, on a case-by-case basis. Therefore, it is recommended that applicants unfamiliar with the way these rules are applied contact the council or the chief engineer prior to commencing extensive work or plan development.

(3) Adherence to the law does not guarantee the safety of any dam or reservoir or relieve the owner of any liability in the event of dam failure.

(4) A permit application form along with a copy of the laws, rules, standards and guidelines relating to dam and reservoir safety can be obtained free from the Department of Natural Resources, Division of Geology and Land Survey, Dam Safety Program, P.O. Box 250, Rolla, MO 65401. Persons seeking this and/or other information on dams in Missouri should address their inquiry to the chief engineer. 236.415, 236.435, 236.440 and 236.465, RSMo 1986.* Original rule filed April 14, 1981, effective Aug. 13, 1981. *Original authority: 246.400, RSMo 1979; 236.405, amended 1995; 236.435, RSMo 1979; 236.440, RSMo 1979; and 236.465, RSMo 1979.

##### **10 CSR 22-3.020** General Requirements itemize the basic requirements and standards that apply to all permits. {#sec-10-csr-22-3.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-3.020}

(1) The permit application must contain information required by the council and the chief engineer including, but not limited to, the following information: type of permit being applied for; name of owners; mailing address of owners; telephone number(s) of owners; name of dam; name of reservoir; coordinate location of the dam centerline at the maximum section; purpose or use of dam and reservoir; name, address and telephone number of the experienced professional engineer or agency engineer who has provided or will provide required technical assistance; and the downstream environment zone environmental class for the dam and reservoir.

The owners must complete all applicable investigations required in 10 CSR 22-3.0202–

##### **10 CSR 22-3.050** before filing a permit application. All permit applications must be filed with the chief engineer at the address listed in 10 CSR 22-3.010(4). {#sec-10-csr-22-3.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-3.050}

(2) The owner must provide a determination of an environmental class for each dam and reservoir. The method, data and assumptions used by the owner to determine environmental class shall conform to practices reputable and in current use in the engineering, geologic and construction professions or the chief engineer may reject the owner’s classification. If an owner chooses not to have this done by an experienced professional engineer or an agency engineer, the chief engineer will assign the dam and reservoir to environmental class I or s/he may assign the dam and reservoir to another environmental class if s/he has justification to do so.

(3) The anticipated consequences of a dam failure with respect to public safety, life and property damage are important considerations in establishing acceptable methods for specific investigations and sites. Methods used in exploration design, construction and maintenance must be in accordance with good engineering practices reputable and in current use in the engineering, geologic and construction professions.

(4) When the owner is applying for a construction permit, the design factors of safety for slope stability for earth and rock conventional dams which are given in Table 1 shall be met. The required design factors of safety for concrete conventional dams are given in Table 2. The required design factors of safety for slope stability for industrial water retention dams are given in Table 3. Owners shall meet these requirements in the design of new dams prior to the issuance of the permit.

Owners shall also meet these requirements when substantial changes are proposed to the height or slope of an existing conventional dam or structure prior to the issuance of the construction permit (see the following tables).

(5) For new dams constructed wholly or partially of cohesionless materials (such as sands and silts) or having a foundation of cohesionless materials, earthquake loading may result in the build-up of pore water pressures and a loss of strength. Engineers shall take this pore pressure increase and loss of strength into account when performing their stability analysis, but the degree to which liquefaction may affect the factor of safety for slope stability shall be left up to the engineer’s best judgment. Bedrock accelerations and earthquake intensities are listed in Table 4.

(6) New dams constructed wholly of cohesive materials (such as clays) and having a foundation of cohesive materials or rock, can be expected to withstand significant earthquake shaking if it can be shown that other required design factors of safety for slope stability are met. Therefore, only new dams located in Bollinger, Butler, Cape Girardeau, Dunklin, Mississippi, New Madrid, Pemiscot, Ripley, Scott, Stoddard and Wayne Counties must meet the requirements for slope stability during earthquake loading while dams located in other counties do not unless 10 CSR 22- 3.030(5) applies to them. Bedrock accelerations and earthquake intensities are listed in Table 4.

Table 1—Design Factors of Safety for Slope Stability Earth and Rock Conventional Dams Loading Condition Factor of Safety End of construction, full reservoir* 1.4 Steady seepage, full reservoir* 1.5 Steady seepage, maximum reservoir** 1.3 Sudden draw down, from full to empty reservoir (if applicable) 1.2 Earthquake***, steady seepage, full reservoir* 1.0 **Maximum reservoir means water level is at maximum water level attained during the spillway design flood or at the dam crest elevation, whichever is lower. ***Earthquake loading will vary according to dam location in relation to seismic source zones and downstream environmental zones.

Table 2—Design Factors of Safety Concrete Conventional Dams Failure Mode Loading Condition Factor of Safety Overturning full reservoir* 1.5 Sliding full reservoir* 1.5 Structural integrity full reservoir* 1.5 Earthquake*** any mode full or maximum reservoir* & ** 1.0 **Maximum reservoir means water level is at maximum level attained during the spillway design flood. ***Earthquake loading will vary according to dam location in relation to seismic source zones and downstream environmental zones.

Table 3—Design Factors of Safety for Slope Stability Industrial Water Retention Dams Loading Condition Factor of Safety Starter dam, end of construction, full reservoir* 1.4 Any other stage of construction, full reservoir*, steady seepage 1.3 Any other stage of construction, maximum reservoir*, steady seepage 1.0 Completed dam, full reservoir*, steady seepage 1.5 Completed dam, maximum reservoir**, steady seepage 1.3 Earthquake***, steady seepage, full reservoir* 1.0 **Maximum reservoir means water level is at the maximum level attained during the spillway design flood or at the dam crest elevation, whichever is lower. ***Earthquake loading will vary according to dam location in relation to seismic source zones and downstream environmental zones.

4CODE OF STATE REGULATIONS

(7) The required spillway design flood, which shall allow for flood storage in the reservoir, is to be derived by using the precipitation values given in Table 5 and shall apply to both new and existing dams.

Table 4—Required Design Acceleration For Earthquake Design Environmental Class Dam Type Stage of Construction Special Descriptions I II III Conventional New dams less than 50 feet or Industrial Completed in height .75PMA* .5PMA* .25PMA* New dams greater than 50 feet in height** .75PMA* .5PMA* .4PMA* Industrial Starter dam New dams** .5PMA* .2PMA* .1PMA* After starter dam is finished and before final dam is completed New dams** .75PMA* .5PMA* .2PMA* Zone PMA* Intensity** A 0.31 g IX—X B 0.28 g IX C 0.26 g VIII—IX D 0.23 g VIII E 0.20 g VII—VIII F 0.17 g VII ZONE A ZONE B ZONE C ZONE D ZONE E ZONE E (cont.) ZONE F Dunklin Bollinger Carter Crawford Audrain Lewis Adair Mississippi Butler Howell Dent Barry Lincoln Andrew New Madrid Cape Girardeau Iron Douglas Barton Linn Atchison Pemiscot Ripley Madison Franklin Bates Livingston Buchanan Scott Oregon Jefferson Benton McDonald Clay Stoddard Perry Ozark Boone Macon Clinton Wayne Reynolds Phelps Caldwell Maries Davis St. Francois Pulaski Callaway Marion Dekalb Ste. Genevieve St. Louis Camden Miller Gentry Shannon St. Louis City Carroll Moniteau Grundy Taney Cass Monroe Harrison Texas Cedar Montgomery Holt Washington Chariton Morgan Mercer Wright Christian Newton Nodaway Clark Osage Platte Cole Pettis Putnam Cooper Pike Schuyler Dade Polk Sullivan Dallas Ralls Worth Gasconade Randolph Greene Ray Henry St. Charles Hickory St. Clair Howard Saline Jackson Scotland Jasper Shelby Johnson Stone Knox Vernon Laclede Warren Lafayette Webster Lawrence * PMA is Probable Maximum Acceleration of bedrock which is determined as a fraction of the acceleration of gravity (g = 32.2 fps2) for the six zones in Missouri (see 10 CSR 22-1.020(41)). ** See 10 CSR 22-2.020(3) for clarification. *** Modified Mercalli Intensity.

Table 5—Spillway Design Flood Precipitation Values Environmental Class Dam TypeStage of ConstructionSpecial DescriptionsIIIIII ConventionalCompletedAny existing dam**.75PMP* .5PMP* 100 Yr.**** or Industrial New dam less than 50 feet in height***.75PMP* .5PMP* 100 Yr.**** New dam greater than 50 feet in height.75PMP* .5PMP* 100 Yr.**** IndustrialStarter damAny.5PMP* .2PMP* .1PMP* After starter dam is finished and before final dam is completedAny.75PMP* .5PMP* .2PMP* *PMP is Probable Maximum Precipitation. **Existing dam means a dam which was completed by August 13, 1981 or which was started prior to August 13, 1981 and completed by August 13, 1987. ***See 10 CSR 22-2.020(3) for clarification. ****100 Yr. is the 100 year frequency rainfall event.

6CODE OF STATE REGULATIONS 236.415, 236.435, 236.440, and 236.465, RSMo 2016.* Original rule filed April 14, 1981, effective Aug. 13, 1981. Amended:

Filed June 14, 1984, effective Jan. 1, 1985.

Amended: Filed Aug. 15, 1988, effective Jan. 1, 1989. Amended: Filed May 15, 1990, effective Nov. 30, 1990. Amended: Filed June 27, 2018, effective Feb. 28, 2019. amended 1995; 236.435, RSMo 1979; 236.440, RSMo 1979; and 236.465, RSMo 1979.

##### **10 CSR 22-3.030** Registration Permit Requirements itemize the requirements for a registration permit. {#sec-10-csr-22-3.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-3.030}

(1) In addition to the basic requirements for all permits listed in 10 CSR 22-3.020(1), (2), (3), and (7), the registration permit application for a conventional dam and reservoir must include certification by an experienced professional engineer or an agency engineer that the dam and reservoir have been inspected in accordance with the law and that the owner has complied with the engineer’s recommendations to correct the observed defects and an inspection report, as required by the law. The engineer must further show that the spillway can safely pass the spillway design flood derived from Table 5 and submit a report describing the correction of all observed defects and the description of an operation and maintenance program to be followed while the registration permit is in effect.

(A) The inspection of a dam and reservoir for a registration permit is intended to detect observable defects. The procedure to determine observable defects normally will be a surface examination by an experienced professional engineer or an agency engineer. The inspection must include all surface examinations necessary to determine if observable defects exist that affect the stability of the dam and reservoir or the adequacy of the spillway. Judgment of the structural stability and an evaluation of the spillway capacity must be made. Judgment shall be based upon the engineer’s experience, training and knowledge of similar dams and in accordance with practices reputable and in current use in the engineering, geologic and construction professions.

1. Observed defects which may require correction, evaluated on the basis of current engineering, geologic and construction practices, include but are not limited to: slides; slopes as steep as or steeper than those on similar types of dams and constructed of similar materials which have experienced slope stability problems; piping of fines; seepage that exits in an uncontrolled fashion on the downstream slope of or from the downstream foundation of the dam; unusual zones of softness and irregular settlement; erosion on the upstream or downstream slope of the dam; spillways that are calculated to be inadequate for the design flood; spillways that are eroded or otherwise in poor condition and cracks in the embankment or structure.

2. Observed defects that are in an advanced state of deterioration must be immediately reported by the inspecting engineer to the owner and to the chief engineer.

(B) Proper maintenance and operation of a dam and reservoir are critical to the continuing safety of a dam and reservoir and to public safety, life and property. A maintenance program is required and shall include the following items: erosion control on the embankment; monitoring emergency spillway flow rates; vegetation control; spillway maintenance; emergency action plans; maintenance and monitoring of seepage observation devices, if any; and maintenance and monitoring of instruments used, if any, to observe the stability of the dam.

(C) Visits for the purpose of observation of maintenance and operation may be made by notice, except that in the case of an emergency threatening public safety, life, or property, inspection may be at any time.

(D) The application need not state, nor is it necessary to show, that the dam is a safe dam. The intent of the registration permit is to show that the dam is performing adequately and that there are no observable indications that the dam is unsafe.

(2) In addition to the basic requirements for all permits listed in 10 CSR 22-3.020(1), (2), (3), and (7), the registration permit application for an industrial water retention dam and reservoir shall include certification by an experienced professional engineer or an agency engineer that the dam and reservoir have been inspected in accordance with the law and that the owner has complied with the engineer’s recommendations to correct observed defects and an inspection report, as required by the law. The engineer must further show that the spillway can safely pass the spillway design flood derived from Table 5 and submit a report describing the correction of any observed defects, the operation and maintenance program to be made a part of the registration permit and the phased, stepped, and/or continuous construction of the dam.

(A) The inspection of an industrial water retention dam and reservoir for a registration permit is intended to detect observable defects. The procedure to determine observable defects normally will be a surface examination by an experienced professional engineer or an agency engineer. The inspection must include all surface examinations necessary to determine if observable defects exist that affect the stability of the dam and reservoir or the adequacy of the spillway.

Judgment of the structural stability and an evaluation of the spillway capacity must be made. Judgment shall be based upon the engineer’s experience, training and knowledge of similar dams and in accordance with practices reputable and in current use in the engineering, geologic and construction professions.

1. Observed defects which may require correction, evaluated on the basis of current engineering, geologic and construction practices, include but are not limited to slides; slopes as steep as or steeper than those on similar types of dams and constructed of similar materials which have experienced slope stability problems; piping of fines; seepage that exits in an uncontrolled fashion on the downstream slope of or from the downstream foundation of the dam; unusual zones of softness and irregular settlement; erosion on upstream or downstream slope of the dam; spillways that are calculated to be inadequate for the design flood; spillways that are eroded or otherwise in poor condition and cracks in the embankment or structure.

2. Observed defects that are in an advanced state of deterioration must be immediately reported by the inspecting engineer to the owner and to the chief engineer.

(B) Proper maintenance and operation of a dam and reservoir are critical to the continuing safety of a dam and reservoir and the protection of public safety, life and property. A maintenance program is required and shall include the following items: erosion control on the embankment; monitoring of storm runoff; vegetation control; spillway maintenance; emergency action plans; maintenance and monitoring of seepage observation devices, if any; and maintenance and monitoring of instruments used, if any, to observe the stability of the dam.

(C) The council or chief engineer may require the owner to submit a report describing the phased, stepped, and/or continuous construction of an industrial water retention dam and reservoir, containing information on the materials used, method of transport, and placement of materials, the sequence and placement location of materials, spillway changes to be made, the anticipated final dimensions and configuration of the dam, and the name, address, and telephone number of the person(s) in responsible charge of this work.

(D) Visits for the purpose of inspecting during construction or enlargement or observation of maintenance and operation may be made by notice, except that in the case of an emergency (E) It shall not be necessary for the owner to retain an experienced professional engineer or an agency engineer continuously during the entire permit period unless there is modification(s) in the construction method described in the permit application. However, personnel with adequate supervision and training in methods of safe construction, maintenance and operation of dams must be provided to insure that the construction maintenance and operation of the dam and reservoir are carried out as described.

(F) The registration permit will be the only permit required for an industrial water retention dam and reservoir that was in existence prior to the effective date listed in 10 CSR 22-2.020(2) unless it is to be reduced or removed. If the dam or reservoir is to be reduced or removed, a construction permit will be required. Other changes will require the owner to obtain a new registration permit.

(G) The applicant need not state, nor is it necessary to show, that the dam is a safe dam.

The intent of the registration permit is to show that the dam is performing adequately and that there are no readily observable indications that the dam is unsafe and that phased, stepped, and/or continuous construction of the dam will meet the requirements of the law. 236.415, 236.420, 236.425, 236.440, and 236.465, RSMo 2016.* Original rule filed April 14, 1981, effective Aug. 13, 1981.

Amended: Filed June 14, 1984, effective Jan. 1, 1985. Amended: Filed June 27, 2018, effective Feb. 28, 2019. 1979; 236.440, RSMo 1979; and 236.465, RSMo 1979.

##### **10 CSR 22-3.040** Construction Permit Requirements itemize the requirements for a construction permit. {#sec-10-csr-22-3.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-3.040}

(1) In addition to the basic requirements for all permits listed in 10 CSR 22-3.030, the construction permit application for a conventional dam and reservoir shall be prepared under the direction of and certified by an experienced professional engineer and shall be in accordance with practices reputable and appropriate in the engineering, geologic, and construction professions.

(A) The following information shall be provided by the owner:

1. Up-to-date topographic map(s) showing the location of the proposed or existing dam, the upstream watershed, the reservoir, and the downstream environment zone. An up-to-date United States Geological Survey topographic map is considered a minimum;

2. Exploration records and results including the location of all exploration, especially in the area of the core trench, the method(s) used to explore the site, a record of what was found, the method(s) used to obtain samples, and the number of samples taken;

3. Testing records and results including information on the care and treatment of samples, types of tests performed on samples or in situ, reference(s) to or the procedures used in testing, and the test results. Physical and mechanical properties of foundation and construction materials must include the information source for these values, especially if they are not the results of testing;

4. The geotechnical design procedure(s) or method(s) shall be identified and referenced or described so that they may be reviewed and the applicability verified. This shall include all assumptions made. The geotechnical procedure(s) or design results shall include the minimum computed factors of safety and they must meet or exceed the design factors of safety (see 10 CSR 22- 3.020(4)). The geotechnical design information shall be presented for the foundation, core trench, and dam embankment.

Earthquake loading must be analyzed as outlined in 10 CSR 22-3.020(5) and (6);

5. The structural design procedure(s) or method(s) shall be identified and referenced or described so that they may be reviewed and their applicability verified. Design results for concreted dams and concrete structures appurtenant to embankment dams shall provide for and show an adequate factor of safety for normal and maximum loading conditions of compression, tension, shear, torsion, buckling, sliding, and overturning;

6. Hydrologic information used to evaluate the watershed, reservoir, spillway, and downstream environment zone including the watershed area, rainfall rate and duration, antecedent moisture conditions, time of concentration, area capacity curves, description of spillway elevation(s), type(s), dimensions, locations, cross section and profiles, dam crest elevation, and the downstream valley cross sections;

7. The hydrologic/hydraulic design procedure(s) or method(s) used shall be identified and referenced or described so that they may be reviewed and their applicability verified. This includes all assumptions made.

The hydrologic/hydraulic procedure(s) or design results shall include the reservoir inflow hydrograph, the reservoir outflow hydrograph, the spillway discharge capacity, the freeboard at the maximum water storage elevation, and the environmental class of the dam. The dam shall be capable of safely containing or discharging the required design flood (see 10 CSR 22-3.020(5));

8. Location and design of diversion channels or other structures to control stream flow during or after construction shall be provided if failure of these channels or other structures would affect hydrologic conditions of the dam. Stream diversion systems used during construction shall be designed to provide protection to the dam and the safety of the public;

9. Construction control and inspection procedures shall be used during the construction of a new dam and reservoir or modification of an existing dam and reservoir.

Construction control and inspection procedures should include compaction testing and density testing;

10. Procedures shall be used for recordkeeping and monitoring throughout the construction or modification process to provide information about any construction progress and conditions that may cause difficulties during construction;

11. The location of and protective measures used in conjunction with all drain lines, sewer lines, utilities, or other structures that pass through or under the dam;

12. Topographic surveys showing the location of baselines, centerlines, and other horizontal and vertical control points sufficiently accurate to locate the proposed construction and to define the volume of storage in the reservoir;

13. Two (2) sets of plans and specifications including— A. Graphic scales for all scaled drawings;

B. The title, displayed identical on the plans and the specifications, shall include: the name of the dam; the name of the owner; whether the work shows an existing dam, a proposed dam, or an enlargement, repair, or 8CODE OF STATE REGULATIONS alteration of the dam, or reservoir; the county(ies) the dam and reservoir are in; the location of the dam by quarter section, section, township and range, or by geodetic coordinates; and each sheet shall have in an appropriate title block the name of the dam as well as the sheet number in relation to the total, for example, sheet one (1) of twelve (12); and C. Certifications by the experienced professional engineer and the owner shall be provided and be similar to those presented in figures 1 and 2 (see figures 1 and 2); and Figure 1 Certification by Experienced Professional Engineer I hereby certify that these plans for the (insert the correct word or words choosing from: existing; construction of the; repair of the; enlargement of the; or alteration of the ___________________________________________________ Dam were prepared by me (or under my Name of Dam direct supervision) for the owners thereof.

Firm Name Registered Engineer (Seal)

Figure 2 Certification by Owner I,______________________________________________________________, owner, whose Post Office Address is Name of Owner __________________________________________________ , Zip __________________________________ , do Owner’s Address hereby accept and approve these plans.

Owner 14. If a construction permit is requested to convert a dam to a retaining or retarding structure, the procedure to be followed in making the conversion shall be described by the owner; and 15. The procedures set up for regular inspection by the owner. The owner shall develop an emergency action plan, inspect his/her dam regularly and as necessary to protect public safety, life and property. A list of items to be inspected, a time schedule for these inspections, and a form for reporting the results shall be established.

(B) The council or chief engineer may require the following action and information from the owner:

1. Procedures set up to provide regular maintenance and minor repairs to the dam and reservoir after construction and to continue or start recordkeeping and monitoring work so that the dam and reservoir are maintained in a safe condition and a complete history of its performance is available;

2. Location and types of instrumentation, drainage, and/or seepage control facilities. Monitoring equipment and drainage and seepage control facilities are recommended for all dams and reservoirs, however, depending on conditions, they may be mandatory items if necessary to accomplish the purposes of the law;

3. The downstream environment zone warning procedure to be used if dam failure is a threat. A downstream environment zone warning system is recommended for all dams and reservoirs, however, depending on conditions, it may be necessary to accomplish the purposes of the law. This would consist of the current name(s) of the dam and reservoir owners’ representative(s) responsible for giving notification of a threat of failure and the current phone numbers of appropriate local police and other persons having emergency assistance authority;

4. Upstream slope protection from wave action; and 5. Additional actions or information as required to protect public safety, life and property and to accomplish the purposes of the law.

(C) Visits for the purpose of inspecting during or after construction or observation of operation and maintenance may be made by notice, except that in the case of an emergency threatening public safety, life or property, (2) In addition to the basic requirements for construction permit application for an industrial water retention dam and reservoir shall be prepared under the direction of and certified by an experienced professional engineer and shall be in accordance with practices reputable and appropriate in the engineering, geologic, and construction professions.

(A) The engineer who plans and designs an industrial water retention dam and reservoir or its modification shall assess the sequence, timing, method of placement and stability control program during construction from the beginning of the starter dam or modification through the life of the structure and after operation ceases or until the dam and reservoir no longer need a permit.

(B) Adequate records, as required by best practices in the geologic and engineering professions, shall be kept and made available to the council or chief engineer for the construction, maintenance, and operation procedures.

Adequate instrumentation and monitoring of seepage water shall be provided where necessary. Any significant settling or movement in the foundation of the dam should be measured, if possible. Trained personnel and adequate supervision shall be provided to insure the construction and operation of the dam and reservoir are carried out to specifications.

(C) The following information shall be provided by the owner:

1. A description of the system used to deposit tailings on the dam;

2. Up-to-date topographic map(s) showing the location of the proposed dam, the upstream watershed, the reservoir, and the downstream environment zone. An up-to-date United States Geological Survey topographic map is considered minimum;

3. The location(s) of surface and underground mine workings if these workings would cause, would contribute to the cause, or would be affected in the event of failure;

4. Exploration records and results including the location of all exploration, especially in the area of the core trench, the method(s) used to explore the site, a record of what was found, the method(s) used to obtain samples, and the number of samples taken;

5. Testing records and results including information on the care and treatment of samples, types of tests performed on samples or in situ, reference(s) to or the procedures used in testing, and the test results. Physical and mechanical properties of foundation and construction materials must include the information source for these values, especially if they are not the results of testing;

6. The geotechnical design procedure(s) or method(s) shall be identified and referenced or described so that they may be reviewed and their applicability verified. This shall include all assumptions made. The geotechnical procedure(s) or design results shall include the minimum computed factors of safety and they must meet or exceed the design factors of safety (see 10 CSR 22- 3.020(4)). The geotechnical design information shall be presented for the foundation core trench and dam embankment. Earthquake loading must be analyzed as outlined in 10 CSR 22-3.020(5) and (6);

7. Type and physical properties of the liquid and solid materials to be used in construction of the dam and contained in the reservoir;

8. The changes created in the downstream environment zone as the dam and reservoir become incrementally larger;

9. The embankment changes and new factors of safety for stability as the dam and reservoir become incrementally larger;

10. If a starter dam is used, whether it will be pervious or impervious;

11. The expected crest elevation, dam configuration, spillway elevation, and the size and configuration of each successive stage of the dam shall be included;

12. Anticipated storage volume of solid or semisolid materials and of liquids at the completion of the dam;

13. The structural design procedure(s) or method(s) shall be identified and referenced or described so that they may be reviewed and their applicability verified. Design results for concrete dams and concrete structures appurtenant to embankment dams shall provide for and show an adequate factor of safety for normal and maximum loading conditions of compression, tension, shear, torsion, buckling, sliding, and overturning;

14. Hydrologic information used to evaluate the watershed, reservoir, spillway, and downstream environment zone including the watershed area, rainfall rate and duration, antecedent moisture conditions, time of concentration, area capacity curves, description of spillway elevation(s), type(s), dimensions, locations, cross sections and profiles, dam crest elevation, and the downstream valley cross sections;

15. Hydrologic/hydraulic design procedure(s) or method(s) used shall be identified and referenced or described so that they may be reviewed and their applicability verified.

This shall include all assumptions made. The hydrologic/hydraulic procedure(s) or design results shall include the reservoir inflow hydrograph, the reservoir outflow hydrograph, the spillway discharge capacity, the freeboard at the maximum water storage elevation and the environmental class of the dam. The dam shall be capable of safely containing or discharging the required design 10CODE OF STATE REGULATIONS flood (see 10 CSR 22-3.020(5));

16. The hydrologic changes, the spillway alterations proposed, and the freeboard changes as the dam becomes incrementally larger;

17. Location and design of diversion channels or other structures to control stream flow during or after construction shall be provided if failure of these channels or other structures would affect the stability or hydrologic conditions of the dam. Stream diversion systems used during construction shall be designed to provide protection to the dam and to protect public safety, life and property;

18. Location and design of any diversion channels or other structures to control runoff or reclaimed water;

19. Construction control and inspection procedures shall be determined by the engineer and used during the construction of a new dam and reservoir or modification of an existing dam and reservoir. Construction control and inspection procedures shall include compaction testing and density testing and any other quality control measures used to insure compliance with the construction specifications;

20. Procedures shall be used for recordkeeping and monitoring throughout the construction, enlargement, or modification process to provide information about any construction progress and conditions that may cause difficulties during construction;

21. The location of and protective measures used in conjunction with all drain lines, sewer lines, utilities, or other structures that pass through or under the dam;

22. Topographic surveys showing the location of baselines, centerlines, and other horizontal and vertical control points sufficiently accurate to locate the proposed construction and to define the volume of storage in the reservoir at each planned stage of construction;

23. Two (2) sets of plans and specifications including:

A. Graphic scales for all scaled drawings;

B. The title, displayed identical on the plans and the specifications, shall include: the name of the dam; the name of the owner; whether the work shows an existing dam, a proposed dam or an enlargement, repair, or alteration of the dam and reservoir; the county(ies) the dam and reservoir are in; the location of the dam by quarter section, section, township, and range, or by geodetic coordinates; and each sheet shall have in an appropriate title block the name of the dam, as well as the sheet number in relation to the total, for example, sheet one (1) of twelve (12); and C. Certification by the experienced professional engineer and the owner shall be placed near the lower right-hand corner of the title sheet (first sheet) of the drawing. The certifications shall be as presented in figures 1 and 2 (see figures 1 and 2 preceding);

24. If a construction permit is requested to convert a dam to a retaining or retarding structure, the procedure to be followed in making the conversion shall be described by the owner; and 25. The procedure set up for regular inspection by the owner. The owner shall develop an emergency action plan, inspect his/her dam and reservoir regularly and as necessary to protect public safety, life and property. A list of items to be inspected, a time schedule for these inspections, and a form for reporting the results shall be established by the council or chief engineer. Items that shall receive maintenance to and/or inspections on a daily basis during periods of active dam enlargement include: the spigots or cyclones; the decant lines; the position of the water pool in relation to the spillway, decant intake, and crest of the tailings dam; drain lines checked for quantity of water and sediment; the embankment observed for visual defects such as slides or significant seepage changes; the spillway shall be checked to verify that it has not become blocked.

(D) The council or chief engineer may require the following action and information from the owner:

1. Procedures set up to provide regular maintenance and minor repairs to the dam and reservoir during construction and enlargement so that the dam and reservoir are maintained in a safe condition and a complete

history of its performance is available;

2. Location and types of instrumentation, drainage, and/or seepage control facilities. Monitoring equipment and drainage and seepage control facilities are recommended for all dams and reservoirs, however, depending on conditions, they may be mandatory items, if necessary, to accomplish the purposes of the law; a list of items to be inspected, a time schedule for these inspections, and a form for reporting the results shall be established by the council or chief engineer;

3. The downstream environment zone warning procedure to be used if dam failure is a threat. A downstream environment zone warning system is recommended for all dams and reservoirs, however, depending on conditions, it may be necessary to accomplish the purposes of the law. This would consist of the current name(s) of the dam and reservoir owners’ representative(s) responsible for giving notification of a threat of failure and the current phone numbers of appropriate local police and other persons having emergency assistance authority;

4. Upstream slope protection from wave action; and 5. Additional actions or information as required to protect public safety, life and property and to accomplish the purposes of the law.

(E) Visits for the purpose of inspecting during or after construction or observation of operation and maintenance may be made by the council, the chief engineer, or member of the chief engineer’s staff. Visits will be at any reasonable time following reasonable notice, except that in the case of an emergency (F) Drawings to show changes shall be submitted when changes are made to the original plans including, without limitation, changes in incremental dam crest heights, spillway locations, and cross sections. 236.415, 236.420, 236.425, 236.435, 236.440, and 236.465, RSMo 2016.* Original rule filed April 14, 1981, effective Aug. 13, 1981. Amended: Filed June 14, 1984, effective Jan. 1, 1985. Amended: Filed June 27, 2018, effective Feb. 28, 2019. 1979; 236.435, RSMo 1979; 236.440, RSMo 1979; and 236.465, RSMo 1979.

##### **10 CSR 22-3.050** Safety Permit Requirements itemize the requirements for a safety permit. {#sec-10-csr-22-3.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-3.050}

(1) In addition to the basic requirements for safety permit application for a conventional dam and reservoir shall include:

(A) Notification of the completion of construction and application for the first safety permit for the dam and reservoir shall be provided by the owner. The experienced professional engineer or agency engineer who was in responsible charge of the construction work shall certify that the construction was substantially in accordance with the approved plans and specifications. If revisions have been made which vary considerably from the provisions of the construction permit, it must be shown that the revisions do not endanger public safety, life or property. This subsection shall not be construed to excuse any person from the requirement to notify the council or chief engineer of modifications or revi sions prior to commencing the actions and to obtain the required permits or authorization thereof;

(B) Notification of completion shall be within two (2)-months’ time after completion of construction; and (C) As-built drawings shall be submitted.

(2) In addition to the basic requirements for application for a safety permit for an industrial water retention dam and reservoir shall include:

(A) Notification of completion of the starter dam or the initial phase of construction shall be prepared by, or under the supervision of, an experienced professional engineer and shall indicate that construction was performed in accordance with the provisions of the construction permit;

(B) Notification of the completion of construction and application for the first safety permit for the dam and reservoir shall be provided by the owner. The experienced professional engineer who was in responsible charge of the construction work shall certify that the construction was substantially in accordance with the approved plans and specifications. If revisions have been made which vary considerably from the provisions of the construction permit, it must be shown that the revisions do not endanger public safety, life or property. This subsection shall not be construed to excuse any person from the requirement to notify the council or chief engineer of modifications or revisions prior to commencing the actions and to obtain the required permits or authorization therefore;

(C) Notification of completion shall be within two (2) months time after completion of construction; and (D) As-built drawings shall be submitted.

(3) Visits for the purpose of observation of operation and maintenance procedures may be made by the council, the chief engineer, or a member of their staff. Visits will be at any reasonable time following reasonable notice, except that in the case of an emergency 236.415, 236.420, 236.425, 236.440, and 236.465, RSMo 2016.* Original rule filed April 14, 1981, effective Aug. 13, 1981.

Amended: Filed June 14, 1984, effective Jan. 1, 1985. Amended: Filed June 27, 2018, effective Feb. 28, 2019. 1979; 236.440, RSMo 1979; and 236.465, RSMo 1979.

12CODE OF STATE REGULATIONS

### **Chapter 4** Action Taken by Council and Chief Engineer

##### **10 CSR 22-4.010** Emergency Action {#sec-10-csr-22-4.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-4.010}

(Rescinded August 30, 2018)

Original rule filed June 14, 1984, effective Jan. 1, 1985. Rescinded: Filed Dec. 29, 2017, effective Aug. 30, 2018.

**History**
- *AUTHORITY: sections 236.400, 236.405, 236.420, 236.425 and 236.455, RSMo 1986.*

##### **10 CSR 22-4.020** Enforcement Orders and Enforcement Procedures {#sec-10-csr-22-4.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 22-4.020}

PURPOSE: The purpose of this rule is to identify the procedure to be taken for the issuance of enforcement orders.

(1) Enforcement orders shall be prepared by the chief engineer or council in cases where a dam or reservoir contains serious defects which pose a threat to public safety, life or property. Enforcement orders shall be sent to a dam owner by certified mail or served personally.

(2) If an owner does not initiate corrective actions to his/her dam and reservoir within thirty (30) days of the issuance of an enforcement order by the chief engineer or council, the council may request the attorney general or a prosecuting attorney to apply to the circuit court having jurisdiction to enforce compliance.

JOHNR. ASHCROFT(1/29/19)

**History**
- *AUTHORITY: sections 236.400, 236.405, 236.410, 236.415, 236.445, and 236.450, RSMo 2016. Original rule filed June 14, 1984, effective Jan. 1, 1985. Amended: Filed June 27, 2018, effective Feb. 28, 2019. Original authority: 236.400, RSMo 1979; 236.405, RSMo 1979, amended 1993, 1995; 236.410, RSMo 1979, amended 1992, 2013; 236.415, RSMo 1979, amended 1995; 236.445, RSMo 1979; and 236.450, RSMo 1979.*

## **Division 23** Well Installation

### **Chapter 1** Definitions, Variances, and Permitting Requirements

##### **10 CSR 23-1.110** Permitting of Partnerships, Corporations and Business Associations {#sec-10-csr-23-1.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.110}

##### **10 CSR 23-1.150** Well Drilling and Pump Installation Machine Registration {#sec-10-csr-23-1.150 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.150}

##### **10 CSR 23-1.155** Well Drilling and Pump Installation Machine Registration Requirements {#sec-10-csr-23-1.155 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.155}

##### **10 CSR 23-1.010** Definitions {#sec-10-csr-23-1.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.010}

PURPOSE: This rule defines terms used in 10 CSR 23 that are not defined in section 256.603, RSMo.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Terms beginning with the letter A.

(A) Act means Missouri Water Well Drillers’ Act, sections 256.600–256.640, RSMo, under which these rules are promulgated.

(B) Action level means the maximum permissible concentration of a contaminant in water pursuant to 10 CSR 60-2. Action levels are used for contaminants that do not have established maximum contaminant levels.

(C) Alluvium means clay, silt, sand, gravel, or similar unconsolidated material deposited by a stream or body of running water.

(D) Annular space means the space between two (2) cylindrical objects one (1) of which surrounds the other, such as the space between a borehole and a casing pipe or between a casing pipe and liner pipe.

(E) Applicant means any person who applies for a well, heat pump, monitoring well, or pump installation contractor permit pursuant to the law.

(F) Apprentice means any person who has been issued an apprentice permit who, under the supervision of a permitted non-restricted well or pump installation contractor, is obtaining the knowledge, skills, and abilities necessary to apply for a non-restricted permit.

(G) Approval date means the date the record is reviewed and approved compliant with the construction requirements, not to be confused with certification or registration date.

(H) Aquifer means water-bearing geologic material that transmits water in sufficient quantities to supply a well.

(I) Augered well means a well that is drilled by the rotation of a helical drill bit.

(2) Terms beginning with the letter B.

(A) Bedrock means a general term for the solid rock that underlies soil or other unconsolidated surficial material.

(B) Bentonite means any type of sodium bentonitic clay used in well construction, or plugging of wells, which swells or expands when water is added.

(C) Bentonite slurry means a mixture of sodium bentonite and water that has a solids content of at least twenty percent (20%).

(3) Terms beginning with the letter C.

(A) Casing means an impervious durable pipe placed in a well to prevent the borehole from collapsing and to prevent contaminants from entering the well.

(B) Cement slurry means mixture of cement and water that consists of one (1) ninety-four pound (94 lb.) bag of portland cement to six (6) gallons of water. Up to six percent (6%) bentonite may be used as an additive.

(C) Certification number means a number assigned to a record certifying compliance with 10 CSR 23 and sections 256.600-256.640, RSMo.

(D) Charitable or Benevolent Organization Water System means a public water system that exclusively serves a charitable or benevolent organization pursuant to section 640.116, RSMo.

(E) Chlorination means the use of chlorine to disinfect or sterilize wells, pumps, storage tanks, or piping systems.

(F) Clean fill means uncontaminated inert solid material such as pea gravel, sand, drill cuttings, and agricultural lime.

(G) Completion date means the date the work, subject to these rules, is complete as follows:

1. For installation of water wells, the date the well has casing set and grouted and the well is drilled to total depth;

2. For pump installation, the date the pump is set and pump or service truck leaves the site;

3. For installation of heat pump systems, the date the last well in the well field has been drilled and grouted;

4. For installation of monitoring wells, the date when the well has the riser, screen, and surface completion installed;

5. For plugging of temporary monitoring wells, the date the first well is plugged; or 6. For plugging of water, monitoring, heat pump, and test hole wells, the date the well is plugged.

(H) Construction foundation data means wells or borings drilled in the construction phase of piers, shafts, caissons, mini-piles, soil and rock anchors, soil and rock grouting procedures on surface water containment structures, pressure relief wells, roads, buildings, parking lots, or any drilling within the footprint of a proposed structure.

(I) Contaminant means any physical, chemical, biological, or radiological substance or matter in water that exceeds the maximum contaminant level or action level.

(J) Cuttings means geologic material displaced from the borehole during drilling.

(4) Terms beginning with the letter D.

(A) Demolition landfill has the same meaning as defined in

section 260.200, RSMo.

(B) Department means the Missouri Department of Natural Resources, which includes the director thereof, or the person or division or program within the department delegated the

(C) Director means the director of the Missouri Department of Natural Resources, or an authorized representative, who carries out the administrative functions of these rules on behalf of the department.

(D) Direct-push well means a monitoring well that is installed by pushing or hammering drive rods as opposed to drilling or augering. Direct-push wells tend to be smaller in diameter than their conventionally drilled counterparts leading to differences in annular space, casing, and sealing dimensions.

Various screening or data collection devices, such as a cone penetrometer or lysimeter can be used in a direct-push well.

(E) Disinfection means the use of a chemical to sterilize wells, pumps, storage tanks, or piping systems.

(F) Domestic well means a private water supply well equipped with a pump that does not have the capacity to produce seventy gallons per minute (70 gpm) or more at the surface and that has three (3) or fewer service connections. A domestic well is not limited to residential usage.

(G) Drive shoe means the fittings placed at the bottom of the permanent metal casing which enables the driller to more efficiently drive the casing through the borehole and into solid rock.

(H) Dry hole means a well that was drilled and does not produce sufficient quantities of water for the intended use of the well.

(5) Terms beginning with the letter E.

(A) Extraction well means a monitoring well from which fluid or other media is extracted to clean, treat, or prevent contamination of groundwater as part of the remediation of a site. These include, but are not limited to, the following: wells serving pump and treat systems, including multi-well systems; wells to capture a contaminant plume or alter the direction or magnitude of groundwater movement; and other associated wells. Passive and active methane wells that terminate within landfill trash are exempted from these rules but are regulated by the Missouri Solid Waste Management Program. Passive and active methane and leachate extraction wells that are located outside of trash or extend through trash into the underlying bedrock formations are regulated under these rules.

(6) Terms beginning with the letter (F). (Reserved)

(7) Terms beginning with the letter (G).

(A) Gas-migration well means a monitoring well that is designed for the sampling, detection, and analysis of a gas or a vapor that is potentially present or migrating away from a contaminant source.

(B) Geologic material means all earthen materials penetrated in drilling a well, such as alluvium, bedrock, glacial drift, residuum, and soil.

(C) Geotechnical well or boring means a monitoring well used to collect or evaluate subsurface data to determine the properties of geologic materials such as type, chemical composition, compressibility, strength, or structure. This does not include geotechnical borings for construction foundation data.

(D) Glacial drift (unconsolidated) means all rock material (clay, silt, sand, gravel, and boulders) transported by a glacier and deposited directly by the ice or running water emanating from the glacier.

(E) Gravity grouting method means the process of pouring grout into the annular space or borehole without the use of a tremie pipe.

(F) Ground surface means the actual finished surface grade surrounding the well casing. This includes the natural ground surface, artificial fill, or hard surface such as concrete.

(G) Groundwater means any water beneath the surface of the ground.

(H) Grout means cement, bentonite, or other approved material used to seal the annular space or plug a well.

(8) Terms beginning with the letter H.

(A) Heat pump or geothermal well means any well constructed to use the heat exchange properties of either groundwater or geologic material penetrated in the well. Closed-loop horizontal heat pump systems installed in trenches or pits ten feet (10') or less in depth are exempt from these rules. Heat pump or geothermal systems that use surface water are exempt from these rules.

(B) High yield well means a water supply well that is equipped with a pump that has the capacity to produce seventy gallons per minute (70 gpm) or more of water to the surface and does not supply water to a public water system. These wells are also subject to major water user reporting requirements pursuant to sections 256.400–256.433, RSMo.

(9) Terms beginning with the letter I.

(A) Impact Area means an area that contains contaminant(s) of one (1) or more of the following: lead, cadmium, chlorinated volatile organic compounds (VOCs) including trichloroethylene (TCE), TCE degradation products, or other contaminants pursuant to 10 CSR 60-4.

(B) Inactive well means a well not currently operational that is not in a state of disrepair and does not present a threat to groundwater.

(C) Incomplete well means a well that was abandoned during construction with or without casing and is susceptible to surface contamination.

(D) Injection well means a monitoring well into which fluid or other media is injected to clean, treat, or prevent contamination of groundwater.

(10) Terms beginning with the letter J. (Reserved)

(11) Terms beginning with the letter K. (Reserved)

(12) Terms beginning with the letter L.

(A) Liner means plastic or steel pipe which is smaller in diameter than the casing.

(13) Terms beginning with the letter M.

(A) Major reconstruction means the alteration or repair of any well that changes the original specifications such as depth of the well, liner installation, and/or replacing or extending the well casing above ground surface.

(B) Major water user has the same meaning as defined in

section 256.400, RSMo.

(C) Maximum contaminant level means the maximum permissible concentration of a contaminant in drinking water pursuant to 10 CSR 60-2.

(D) Monitoring well means a well that is ten feet (10') or greater in depth and is constructed during assessment, characterization, and/or remediation of a site to obtain site-specific water quality, contaminant movement, or geologic or hydrologic data such as direct-push wells, extraction wells, gas-migration wells, geotechnical wells or borings, injection wells, observation wells, piezometers, soil borings, and subsurface penetrations associated with field screening devices such as cone penetrometers and lysimeters.

(E) Multifamily well means a well that is equipped with a pump that does not have the capacity to produce seventy gallons per minute (<70 gpm) at the surface, has more than three (3) service connections, and does not supply water to a public water system as defined in section 640.102, RSMo. A multifamily well may be used to serve a charitable or benevolent organization pursuant to section 640.116, RSMo.

(14) Terms beginning with the letter N.

(A) Nested well means a cluster of two (2) or more single riser limited-interval monitoring wells installed at different depths in a single borehole with a grout seal separating each screened interval.

(B) Nominal diameter means the standard size for casing.

Depending on the wall thickness, the inside diameter of the casing may be less than or greater than the number indicated.

(15) Terms beginning with the letter O.

(A) Observation well means any monitoring well in which the screen intersects a water table, for the specific purpose of determining either the elevation of the water table or the physical, chemical, biological, or radiological properties of groundwater. However, observation wells constructed in the tank pit and used as a part of an underground storage tank leak detection system are excluded from this definition.

(B) Open-hole completion means a monitoring well cased through all overburden material and upper water producing zones, completed in bedrock, with no well screen or filter pack.

(C) Open-hole grouting method means the process in which grout is introduced into the borehole by gravity or pumping through a tremie pipe before the casing is installed. The casing is lowered into the grout column to provide an annular seal.

(D) Open-loop heat pump water supply well means a well drilled to supply water for the purpose of heat transfer.

(E) Open-loop heat pump water return well means a well drilled to receive water from an open-loop heat pump water supply well that has passed through the heat pump machine.

(F) Ozark Confining Unit means low permeability bedrock that includes the Northview Formation and Chattanooga Shale that serves as a natural barrier to groundwater mixing between the upper and lower aquifer.

(16) Terms beginning with the letter P.

(A) Packer means a rubber or neoprene collar (boot) installed on the casing or liner to hold the grout material in the annular space.

(B) Permittee means a person who is permitted as a well, heat pump, monitoring well, or pump installation contractor pursuant to the provision of the law and these rules.

(C) Piezometer means a monitoring well used to measure the pressure of a fluid or the degree of compressibility of a substance when subjected to pressure or used to collect water samples for laboratory analysis. It is most commonly a small diameter well used to measure the hydraulic head of groundwater in subsurface water-bearing zones. Piezometers used to monitor the structural integrity of dams are exempt from the requirements of this rule.

(D) Pilot hole means a narrow hole drilled into the subsurface to facilitate the insertion of a larger drill bit or other boring tool and primarily used to site a location for a public well.

(E) Pitless adapter means a device for above or below ground discharge designed for attachment to one (1) or more openings through a well casing and constructed to prevent the entrance of contaminants into the well.

(F) Pitless unit means an assembly with a cap that extends from the upper end of the well casing to above ground surface and is constructed to prevent the entrance of contaminants into the well.

(G) Plastic means a thermoplastic pipe or casing material composed of either polyvinyl chloride (PVC) or acrylonitrile-butadiene-styrene (ABS).

(H) Point of entry means the point where the main water supply line— 1. Connects the well to the pressure system and includes the pressure switch inside the structure or building being served; or 2. Enters the structure or building being served if connection from the pressure switch is located outside the structure or building being served.

(I) Positive displacement grouting method means the process in which grout in slurry form is poured into the well casing, which is suspended above the bottom of the hole, followed by a drillable plug. The plug is pushed to the bottom of the casing, forcing the grout from the bottom of the casing into the annular space. The casing is then lowered into the bottom of the borehole.

(J) Potable water means water that is safe for human consumption pursuant to 10 CSR 60.

(K) Pressure grouting method means the process in which grout is forced through the well casing followed by water so that the grout returns under pressure to the surface through the annular space. The grout is then allowed to cure following manufacturer’s specifications before drilling resumes.

(L) Pressure tank or hydropneumatic tank means a closed water storage container constructed to operate under a designed pressure rating to modulate the water system pressure within a selected pressure range.

(M) Primary contractor means a person engaged for compensation in the business of the construction, alteration, major reconstruction, pump service, or plugging of any well or directs or supervises these activities. The primary contractor is equally responsible for the work performed by the installation contractor, including, but not limited to, the submittal of all forms and fees.

(N) Public water system has the same meaning as defined in

section 640.102, RSMo.

(O) Public water supply well means a well that is constructed to supply water to a public water system.

(P) Public well pump means a pump that is installed in a public water supply well to provide water to a public water system.

(Q) Pump and pumping equipment means any equipment or materials used or intended for use in withdrawing or obtaining groundwater. This includes water distribution lines from the well and equipment from the well through the pressure system. This does not include buckets or bailers that are lowered into the well for the purpose of retrieving water in water wells.

This also does not include sampling, development, maintenance, or testing equipment used or inserted into monitoring wells.

(R) Pump installation machine means any vehicle, hoist, or machine used to install or remove pumps or liners from wells.

(17) Terms beginning with the letter Q. (Reserved)

(18) Terms beginning with the letter R.

(A) Residuum means a product formed from the in-place disintegration and decomposition of bedrock.

(B) Reverse tremie grouting method means the process in which a tremie pipe is set to within twenty feet (20') of the bottom of the well bore; the lower ten feet to twenty feet (10' to 20') of tremie pipe is perforated; cement grout is poured from the surface, forcing water downward and into the tremie pipe; and the water discharges to the surface. This method primarily is used for well plugging.

(C) Riser pipe means the pipe extending from the well screen into the surface completion of a monitoring well.

(19) Terms beginning with the letter S.

(A) Sanitary landfill has the same meaning as defined in section 260.200, RSMo.

(B) Screen means a filtering device used to keep sediment from entering a well.

(C) Septic tank means a watertight tank of durable materials through which wastewater flows.

(D) Service connection means a supply line from the well for the purpose of conveying water to a point of use that is connected to one (1) single family dwelling and includes additional water hookups for any outbuildings. If the outbuildings are dwellings for persons or additional businesses then they are considered additional service connections.

(E) Service vehicle means any rig, pump truck, or dedicated vehicle used to perform work that is regulated by 10 CSR 23.

(F) Sewer line means a pipe or conduit carrying wastewater to an ultimate point for treatment or discharge.

(G) Shallow monitoring means obtaining groundwater samples from a monitoring well within five feet (5') of ground surface.

(H) Site means a designated area on which a well or wells are drilled or are going to be drilled.

(I) Soil boring means a monitoring well used to sample or test the soil strata to determine soil properties such as type, chemical composition, compressibility, strength, structure, or concentration of contaminants.

(J) Solid waste disposal area has the same meaning as defined in section 260.200, RSMo.

(K) Special waste landfill has the same meaning as defined in Solid Waste Management Regulations 10 CSR 80-2.010.

(L) State of disrepair means a well that is unable to produce water to the ground surface or transport water to a point of use or poses a contamination risk to the groundwater. It does not mean a well that is waiting for pump installation or a well that has been approved by the department for temporary dormancy. See Inactive Well 10 CSR 23-1.010(9)(B).

(M) Static water level means the level of water measured from ground surface in a well that is not being affected by withdrawal of water.

(N) Subsurface disposal field, drainfield, percolation system, or tile absorption field means a system composed of open jointed tile, plastic lines, or lines composed of other material buried in shallow trenches or beds through which sewage or wastewater is disposed.

(O) Suction line means a pipe or line connected to the inlet side of a pump or pumping equipment.

(P) Surface water means water that rests or flows on the surface of the ground.

(20) Terms beginning with the letter T.

(A) Temporary monitoring well means any monitoring well that is plugged within thirty (30) days of completion.

(B) Test hole means a hole drilled for the exploration of minerals or for geologic data that is not associated with the remediation or associated environmental characterization of a site. This includes stratigraphic holes drilled to obtain geologic information for structural studies or seismic shot holes.

(C) Tremie pipe means a conductor pipe, hose, or tubing used in the down hole placement of grout.

(D) Tremie grouting method means the process in which a small diameter pipe is inserted in the annular space or borehole to the depth of the zone to be sealed and grout is emplaced through the tremie pipe by gravity.

(E) Tremie pressure grouting method means the process in which a small diameter pipe is inserted in the annular space or borehole to the depth of the zone to be sealed and grout is emplaced by pumping with a grout pump from the bottom to the top of the zone to be sealed.

(21) Terms beginning with the letter U.

(A) Unconsolidated material means sediment that is loosely arranged or unstratified, or whose particles are not cemented together, occurring either at the surface or at depth, and does not include residuum.

(B) Utility waste landfill has the same meaning as defined in

section 260.200, RSMo.

(22) Terms beginning with the letter V.

(A) Variance means a modification to any provision of 10 CSR 23 pursuant to 10 CSR 23-1.040.

(B) Vertical closed-loop heat pump well means the borehole perpendicular to the horizon deeper than ten feet (10') into which a closed-loop pipe is placed for the purpose of heat transfer.

(23) Terms beginning with the letter W.

(A) Wastewater means water or other liquids that carry or contain pollutants or water contaminants from any source including sewage and gray water.

(B) Water Well Drillers Fund means Groundwater Protection Fund.

(C) Well certification means the assignment by the department of a certification number to the well after fulfillment of the requirements set forth in 10 CSR 23-2.020.

(D) Well drilling machine means any machine or device used for the construction or modification of a well and includes, but is not limited to, drill rigs and direct push machines. This excludes trenching machines in heat pump applications.

(E) Well registration means the assignment by the department of a registration number to the well after fulfillment of the requirements set forth in 10 CSR 23-2.020.

(F) Well seal means a device or method used to protect a well casing or water system from the entrance of any external pollutant at the point of entrance into the casing.

(G) Well vent means an outlet at the upper terminal of a well casing to allow equalization of air pressure in the well and escape of toxic or flammable gasses when present.

(24) Terms beginning with the letter X. (Reserved)

(25) Terms beginning with the letter Y.

(A) Yield or production means the quantity of water per unit of time which may flow or be pumped from a well under specified conditions.

(26) Terms beginning with the letter Z. (Reserved)

rule filed April 2, 1987, effective July 27, 1987. Emergency amendment filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Amended: Filed Aug. 17, 1993, effective March 10, 1994.

Amended: Filed July 13, 1994, effective Jan. 29, 1995. Amended:

Filed Nov. 1, 1995, effective June 30, 1996. Amended: Filed June 27, 2018, effective Feb. 28, 2019. Amended: Filed March 20, 2024, effective Nov. 30, 2024. *Original authority: 256.603, RSMo 1985, amended 1991, and 256.626, RSMo 1985, amended 1991.

**History**
- *authority to render the decision, order, determination, finding, or other action that is subject to review by the Administrative Hearing Commission.*
- *AUTHORITY: sections 256.603 and 256.626, RSMo 2016. Original*

##### **10 CSR 23-1.020** Application to All Wells {#sec-10-csr-23-1.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.020}

(Rescinded August 30, 2018)

Supp. 1991. Original rule filed April 2, 1987, effective July 27, 1987.

Emergency amendment filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Amended: Filed Aug. 17, 1993, effective March 10, 1994. Rescinded: Filed Dec. 29, 2017, effective Aug. 30, 2018.

**History**
- *AUTHORITY: sections 256.615, 256.620 and 256.626, RSMo Cum.*

##### **10 CSR 23-1.030** Types of Wells {#sec-10-csr-23-1.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.030}

rule filed April 2, 1987, effective July 27, 1987. Emergency amendment filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Amended: Filed Aug. 17, 1993, effective March 10, 1994.

Amended: Filed July 13, 1994, effective Jan. 29, 1995. Amended:

Filed Nov. 1, 1995, effective June 30, 1996. Rescinded: Filed June 27, 2018, effective Feb. 28, 2019.

**History**
- *AUTHORITY: sections 256.606 and 256.626, RSMo 1994. Original*

##### **10 CSR 23-1.040** Variances {#sec-10-csr-23-1.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.040}

PURPOSE: This rule gives the timeframe and procedure for submitting a request for a variance to the department.

(1) When strict applicability of any provision of these rules presents practical difficulties or unusual hardships, the department, in a specific instance, may modify the application of those provisions consistent with the general purpose of these rules and the law. The department may then impose certain conditions as are necessary to protect the groundwater of the state and health, safety, and general well-being of persons using or potential users of the groundwater supply.

(2) Requests for variances shall— (A) Be submitted on a form provided by the department at least forty-eight (48) hours prior to any regulated work being performed, except as provided in 10 CSR 23-1.040(4);

(B) State the nature and reason the variance is being sought; and (C) Include at a minimum the proposed well depth, desired yield, casing type and depth, method of construction and grouting, geologic conditions likely to be encountered, a GPS location of the well, and possible sources of contamination.

(3) The department will state the reason for the approval or denial and will notify the requestor of approval or denial of the variance. Construction or modification of the well may not begin without department approval of the variance.

(4) Verbal approval for a variance may be granted on a case-bycase basis for which advanced notice could not be provided.

The department will notify the requestor of approval or denial of the variance request.

(5) Approved variance requests will be provided with a number by the department that shall be included on the well certification or registration report form when it is submitted to the

rule filed April 2, 1987, effective July 27, 1987. Amended: Filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed Nov. 1, 1995, effective June 30, 1996. Amended: Filed June 27, 2018, effective Feb. 28, 2019. *Original authority: 256.606, RSMo 1991 and 256.626, RSMo 1985, amended 1991.

**History**
- *AUTHORITY: sections 256.606 and 256.626, RSMo 2016. Original*

##### **10 CSR 23-1.050** Permittee Qualifications, Testing Procedures, and Permit Application {#sec-10-csr-23-1.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.050}

PURPOSE: This rule establishes criteria and application procedures for permitting water well, heat pump, monitoring well, and pump installation permittees.

(1) Restricted Permit.

(A) To apply for a restricted permit as a water well, heat 1. Submit a complete permit testing application and cor- 2. Pass the applicable restricted permit test(s) (open book) with a minimum score of seventy percent (70%); and 3. Submit a complete permit application and the corresponding fee.

(B) After approval of the permit application, the department will issue the restricted permit. A permit may be denied if the applicant has unresolved violations.

(2) Non-Restricted Permit. See 10 CSR 23-1.050(7) for adding a permit type to an existing permit and 10 CSR 23-1.105 for reinstatement of an expired permit.

(A) To apply for a non-restricted permit as a water well, heat 1. Complete the apprenticeship program pursuant to 10 CSR 23-1.050(3);

2. Submit a complete permit testing application and cor- 3. Pass the applicable non-restricted permit test(s) (closed book) with a minimum score of seventy percent (70%);

4. Submit a complete permit application and the corresponding fee; and 5. If applicable pursuant to 10 CSR 23-1.050(3)(L) or 10 CSR 23-1.050(7) the apprenticeship program may be waived.

(B) After approval of the permit application, the department will issue the non-restricted permit. A permit application may be denied if the applicant has unresolved violations. After resolution of violations, the department may require prenotification pursuant to 10 CSR 23-1.050(6).

(3) Apprenticeship Program.

(A) To apply for a permit as an apprentice water well, heat 1. Submit a complete testing application and corresponding fee;

2. Pass the applicable apprentice permit test(s) (open book) with a minimum score of seventy percent (70%);

3. Submit a complete apprentice permit application, signed by a responsible party who will be responsible for the apprentice- ship;

4. The responsible party shall be a non-restricted permit holder holding the same type of permit for which the apprentice is applying. A non-restricted permittee may not serve as an apprentice’s responsible party for a period of one (1) year from the date of resolution of any enforcement action taken by the department (includes, but is not limited to, settlement agreements, orders, consent judgments, suspension, or revocation); and 5. After approval of the permit application, the department will issue the apprentice permit.

(B) The apprenticeship period is two (2) years.

(C) The applicant shall complete work for the applicable permit type and sign the appropriate certification or registration form on a minimum of— 1. Water Well Permit - Twenty-five (25) different domestic or multifamily water well installations or ten (10) different high yield bedrock or public wells;

2. Pump Installation Permit - Twenty-five (25) different domestic or multifamily pump installations or ten (10) different high yield or public well pump installations;

3. Heat Pump Installation Permit - Ten (10) different heat pump system installations;

4. Monitoring Well Permit - Twenty (20) different monitoring wells or twenty (20) different temporary monitoring well sites.

A. Test Hole Only Endorsement – Twenty (20) different test holes; and 5. Plugging abandoned wells for the applicable type of permit may count for up to ten percent (10%) of the required installations.

(D) The responsible party for the apprentice or another non-restricted permit holder for the applicable permit type shall oversee the apprentice’s work on site, sign the certification or registration form as the installation contractor, and submit the form and appropriate fee.

(E) Once the number of installations pursuant to 10 CSR 23- 1.050(3)(C) have been completed, the apprentice may work independently for the remainder of the two (2) year apprenticeship provided the responsible party continues to sign certification and registration forms as installation contractor along with the apprentice.

(F) The apprenticeship period may be reduced if the required number of installations pursuant to 10 CSR 23-1.050(3)(C) are met and proof of financial responsibility are provided for the remainder of the apprenticeship period pursuant to 10 CSR 23- 1.050(5).

(G) An apprentice may transfer the apprenticeship to another company by submitting a new apprenticeship application to the department with a non-restricted permittee signing as the responsible party.

(H) An apprentice can be permitted under more than one (1) company if the apprentice submits the appropriate application and fee for each permit type and a non-restricted permittee from each company signs as the responsible party. Apprentices will be issued separate permit numbers for each permit type.

(I) At the end of the two (2) year period, the apprentice may apply to extend the apprenticeship on a year-by-year basis if the number of installations has not been met. If an application to extend the apprenticeship is not received, the apprentice permit will not be renewed.

(J) If an apprentice cancels the apprenticeship, they may reapply within five (5) years. If the application is approved, the apprentice will be reinstated at the same status as at the point of cancellation.

(K) Proof of work performed in other states by an apprentice will be evaluated on a case-by-case basis for meeting the requirements of 10 CSR 23-1.050(3)(C).

(L) Applicants who are permitted in another state may request an exemption to the apprenticeship program provided they— 1. Submit proof of a valid permit and supporting documentation that includes, at a minimum, a copy of current license or permit, examples of well records, and contact information for the regulatory agency that issued the permit (same type of permit(s) only); and 2. Submit proof of financial responsibility pursuant to 10 CSR 23-1.050(5) for a period of two (2) years; and 3. Complete one (1) year of prenotification pursuant to 10 CSR 23-1.050(6).

(4) Testing.

(A) Applicants may retake the test one (1) time on the last test date. All subsequent test attempts shall be a minimum of thirty (30) days from the initial test date.

(B) An applicant may withdraw a testing application by notifying the department a minimum of ten (10) days in advance.

Testing application fees are non-refundable; however, tests may be rescheduled up to two (2) times without cancellation of the application and forfeiture the corresponding fee.

(5) Financial Responsibility.

(A) Proof of financial responsibility pursuant to section 256.616, RSMo, when applicable, may be in the form of a surety bond, certificate of deposit (CD), or irrevocable letter of credit.

The bond, CD, or letter of credit shall— 1. Be submitted to the department in the amount of twenty-five thousand dollars ($25,000);

2. Be made payable to Missouri Department of Natural Resources;

3. Be issued by an institution authorized to issue such bonds in this state;

4. Be irrevocable letter of credit or automatically renewable (CD) for time frame covering the apprenticeship;

5. Have any interest on CDs made payable to the permittee; and 6. Be held for a period of two (2) years from the permit issue date.

(B) If the bond, CD, or letter of credit is cancelled by the issuing agent, the permittee shall submit new proof of financial responsibility within thirty (30) days of cancellation, or the permit will be suspended until proof of financial responsibility is restored.

(C) If the department finds that the contractor has outstanding administrative violations set forth in the Missouri Well Construction Rules, the department will notify the permittee that the bond, CD, or letter of credit will continue to be held as a condition of permit renewal for an additional two (2) years if the permittee does not resolve outstanding violations. Within thirty (30) days of notification of an outstanding administrative violation by the department the permittee is responsible for ensuring that the bond, CD, or letter of credit is valid for another two (2) years or the permit will be subject to enforcement action, which may include suspension or revocation.

(6) Prenotification. Notice shall be given twenty four (24) hours in advance for any regulated work requiring prenotification.

Prenotification shall include work to be performed, owner name, address, GPS location, and date work will begin. The prenotification requirement will be effective for one (1) year from the permit issue date unless otherwise directed by the (7) Adding permit types.

(A) Current Missouri permit holders, with the exception of pump installation permit holders, may apply to add additional permit types by doing the following:

1. Complete apprenticeship program pursuant to 10 CSR 23-1.050(3) or submit proof of financial responsibility pursuant to 10 CSR 23-1.050(5) and complete one (1) year of prenotification pursuant to 10 CSR 23-1.050(6);

2. Submit a complete permit testing application and cor- 3. Pass the applicable restricted (open book) and nonrestricted (closed book) permit test(s) with minimum scores of seventy percent (70%); and 4. Submit a complete permit application and the corresponding fee.

(B) Any well installation permit holder may add a pump installation permit without completion of 10 CSR 23-1.050(5)(A).

(C) Pump installation permit holders shall complete the apprentice program to add additional permit types.

Amended: Filed July 30, 2008, effective Feb. 28, 2009. Amended:

Filed Sept. 15, 2011, effective April 30, 2012. Amended: Filed June 27, 2018, effective Feb. 28, 2019. ** *Original authority: 256.606, RSMo 1991; 256.607, RSMo 1985, amended 1991; 256.611, RSMo 1985, amended 1991; 256.613, RSMo 1991; and 256.626, RSMo 1985, amended 1991. **Pursuant to Executive Orders 20-04, 20-10, and 20-12, 10 CSR 23-1.050, paragraph (2)(A)3. was suspended from April 8, 2020 through December 30, 2020.

**History**
- *AUTHORITY: sections 256.606, 256.607, 256.611, 256.613, and 256.626, RSMo 2016. Original rule filed April 2, 1987, effective July 27, 1987. Emergency amendment filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Amended: Filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed July 13, 1994, effective Jan. 29, 1995. Amended: Filed Nov. 1, 1995, effective June 30, 1996.*

##### **10 CSR 23-1.060** Application for a Permit {#sec-10-csr-23-1.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.060}

Rescinded: Filed June 27, 2018, effective Feb. 28, 2019.

**History**
- *AUTHORITY: sections 256.606, 256.607, 256.611, 256.613, and 256.626, RSMo 2000. Original rule filed April 2, 1987, effective July 27, 1987. Emergency amendment filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Amended: Filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed Nov. 1, 1995, effective June 30, 1996. Amended: Filed July 30, 2008, effective Feb. 28, 2009.*

##### **10 CSR 23-1.070** Permit Review Procedures {#sec-10-csr-23-1.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.070}

##### **10 CSR 23-1.075** Disciplinary Action {#sec-10-csr-23-1.075 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.075}

PURPOSE: This rule outlines the disciplinary action process.

(1) The department may cause an investigation to be made upon receipt of information concerning alleged violations of sections 256.600 to 256.640, RSMo, and implementing regulations or any standard, limitation, or order pursuant thereto and may cause to be made any other investigations consistent with the purposes of sections 256.600 to 256.640, RSMo.

(2) If an investigation discloses that a violation of sections 256.600 to 256.640, RSMo, or implementing regulations exists, the department may issue an order requiring the remediation or abatement of the specified condition(s). The order will specify the violations of sections 256.600 to 256.640, RSMo, or implementing regulations or any standard, limitation, or order pursuant thereto or any term or condition violated.

(3) As a condition of any disciplinary action or order, the department will specify corrective actions and require that those actions be scheduled so that department staff can be present while the specified corrections are performed.

(4) A suspended permittee may be reinstated after the department approves that the terms and conditions, upon which the suspension order was based, have been corrected. The reinstated permittee may be placed on a period of probation as determined by the department.

(5) A permittee who has had a permit revoked may reapply for a permit pursuant to 10 CSR 23-1.050 as a new applicant and provide performance bond or irrevocable letter of credit pursuant to section 256.616, RSMo. The department will determine whether the person should be issued a new permit. In no case will a new permit be issued sooner than one (1) year after the revocation has taken effect.

Amended: Filed June 27, 2018, effective Feb. 28, 2019. *Original authority: 256.606, RSMo 1991; 256.623, RSMo 1985, amended 1991; 256.626, RSMo 1985, amended 1991; 256.630, RSMo 1985, amended 1991; and 621.250, RSMo 2005, amended 2008, 2011, 2012, 2013, 2015.

**History**
- *AUTHORITY: sections 256.606, 256.623, 256.626, 256.630, and 621.250, RSMo 2016. Emergency rule filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Original rule filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed Nov. 1, 1995, effective June 30, 1996. Amended: Filed Sept. 14, 2006, effective March 30, 2007. Amended: Filed Jan. 11, 2013, effective Aug. 30, 2013.*

##### **10 CSR 23-1.080** Denial of Application {#sec-10-csr-23-1.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.080}

Supp. 1991. Original rule filed April 2, 1987, effective July 27, 1987.

Amended: Filed Aug. 17, 1993, effective March 10, 1994. Rescinded:

Filed June 27, 2018, effective Feb. 28, 2019.

**History**
- *AUTHORITY: sections 256.606, 256.611 and 256.626, RSMo Cum.*

##### **10 CSR 23-1.090** Permits {#sec-10-csr-23-1.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.090}

PURPOSE: This rule explains permit expectations to construct, repair, or plug a well.

(1) General Permit Requirements.

(A) A non-restricted permit is required to drill, construct, repair, reconstruct, plug, or install pumps or pumping equipment in a well.

(B) All non-restricted permits are valid for plugging wells, except monitoring wells. Monitoring wells shall be plugged by a monitoring well installation permittee.

(C) Restricted permits are required for persons who contract or sub-contract work regulated by Missouri Well Construction Rules.

(D) Restricted permits are required for persons to be a primary contractor and/or on-site drilling supervisor.

(E) All permits issued pursuant to these rules will expire one (1) year after issuance.

(F) Permit card(s) shall be carried by the permittee and machine and vehicle cards shall be placed in each registered vehicle.

(2) Permit Types.

(A) A water well permit is valid for drilling, repairing, reconstructing, and plugging wells that produce water for human consumption, animal, industrial or irrigation purposes, and open-loop supply and return heat pump wells.

(B) A monitoring well permit is valid for drilling, coring, reconstructing, and plugging monitoring wells.

(C) A test hole endorsement is valid for drilling, coring, or plugging of wells in the explorations for minerals or for geologic data.

(D) A heat pump permit is valid for drilling, plugging, and repairing of heat pump wells (excluding open-loop heat pump and water return wells) and construction of trenched systems and installation of loops used in heat pump systems.

(E) A pump permit is valid for installation and removal of pumps, liner installation, and for installation of pumps in extraction monitoring wells.

(3) Landowners may construct or plug a well on their own property pursuant to section 256.607(2), RSMo.

**History**
- *AUTHORITY: sections 256.606, 256.607, 256.613, 256.615, and 256.626, RSMo 2016. Original rule filed April 2, 1987, effective July 27, 1987. Emergency rescission and emergency rule filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Rescinded and readopted: Filed Aug. 17, 1993, effective March 10, 1994. Amended filed July 13, 1994, effective Jan. 29, 1995. Amended: Filed Nov. 1, 1995, effective June 30, 1996. Amended: Filed June 27, 2018, effective Feb. 28, 2019. Original authority: 256.606, RSMo 1991; 256.607, RSMo 1985, amended 1991; 256.613, RSMo 1991; 256.615, RSMo 1991; and 256.626, RSMo 1985, amended 1991.*

##### **10 CSR 23-1.100** Permit Renewal {#sec-10-csr-23-1.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.100}

##### **10 CSR 23-1.105** Permit Renewal {#sec-10-csr-23-1.105 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.105}

PURPOSE: This rule outlines the procedure for renewing a permit.

(1) The permittee shall submit the appropriate renewal fee prior to the expiration date of the permit.

(2) Any permit renewal submitted after the expiration date will be assessed a late fee pursuant to 10 CSR 23-2.010(F).

(3) Reinstatement of an expired permit. An expired permit may be reinstated only for the permit type previously held.

(A) For reinstatement less than one (<1) year from expiration date.

1. Submit applicable permit application and fee.

(B) For reinstatement one or more (≥1) year from expiration date.

1. Submit a complete testing application and corresponding fee.

2. Pass the applicable restricted permit test(s) (open book) and/or non-restricted permit test(s) (closed book) with a minimum score of seventy percent (70%).

3. Submit a complete permit application and corresponding fee.

4. Provide proof of completion of the required installations for the applicable permit type pursuant to 10 CSR 23-1.050(3)

(C); or submit proof of financial responsibility pursuant to 10 CSR 23-1.050(5) and complete one (1) year of prenotification pursuant to 10 CSR 23-1.050(6).

(4) The permittee shall resolve any outstanding violations prior to permit reinstatement or renewal unless a schedule to remedy the violations has been approved in advance by the (5) Any permittee who changes companies or wishes to cancel a permit shall notify the department.

Amended: Filed June 27, 2018, effective Feb. 28, 2019. *Original authority: 256.606, RSMo 1991; 256.607, RSMo 1985, amended 1991; 256.611, RSMo 1985, amended 1991; and 256.626, RSMo 1985, amended 1991.

**History**
- *AUTHORITY: sections 256.606, 256.607, 256.611, and 256.626, RSMo 2016. Original rule filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed Nov. 1, 1995, effective June 30, 1996.*

##### **10 CSR 23-1.110** Permitting of Partnerships, Corporations and Business Associations {#sec-10-csr-23-1.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.110}

##### **10 CSR 23-1.120** Suspension or Revocation of Permit {#sec-10-csr-23-1.120 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.120}

##### **10 CSR 23-1.130** Reinstatement {#sec-10-csr-23-1.130 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.130}

**History**
- *AUTHORITY: sections 256.606, 256.616, 256.626 and 256.630, RSMo Cum. Supp. 1991. Original rule filed April 2, 1987, effective July 27, 1987. Emergency amendment filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Amended: Filed Aug. 17, 1993, effective March 10, 1994. Rescinded: Filed June 27, 2018, effective Feb. 28, 2019.*

##### **10 CSR 23-1.140** Vehicle and Machine Registration {#sec-10-csr-23-1.140 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.140}

PURPOSE: This rule describes the registration process for drill rigs, direct push machine, pump installation trucks, and service vehicles.

(1) All well drilling and pump installation machines and service vehicles shall be registered with the department. To register machines and vehicles, a complete registration application shall be submitted along with the appropriate fee pursuant to

##### **10 CSR 23-2.010.** The machine/vehicle registration expires one (1) year from the date of issue and may be renewed annually. {#sec-10-csr-23-2.010. omnilex-key=us-mo-regs-official--title-10--10 CSR 23-2.010.}

(2) Notice of a change in ownership or the purchase of a vehicle and/or machine shall be provided to the department within thirty (30) days and submit a new application form and the appropriate fee.

(3) A permittee shall place in a conspicuous location on both sides of each vehicle or machine the words MO PERMIT and the permit numbers not less than three inches (3") high and one and one-half inches (1 1/2") wide in a contrasting color to the background of the vehicle or machine. Permit number shall be placed on the vehicle or machine within sixty (60) days of vehicle or machine registration.

Filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed June 27, 2018, effective Feb. 28, 2019. Amended: Filed March 20, 2024, effective Nov. 30, 2024. *Original authority: 256.606, RSMo 1991; 256.617, RSMo 1985; and 256.626, RSMo 1985, amended 1991.

**History**
- *AUTHORITY: sections 256.606, 256.617, and 256.626, RSMo 2016. Original rule filed April 2, 1987, effective July 27, 1987. Amended:*

##### **10 CSR 23-1.150** Well Drilling and Pump Installation Machine Registration {#sec-10-csr-23-1.150 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.150}

##### **10 CSR 23-1.155** Well Drilling and Pump Installation Machine Registration {#sec-10-csr-23-1.155 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.155}

1991. Emergency rule filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Original rule filed Aug. 17, 1993, effective March 10, 1994. Rescinded: Filed June 27, 2018, effective Feb. 28, 2019.

**History**
- *AUTHORITY: sections 256.606 and 256.626, RSMo Cum. Supp.*

##### **10 CSR 23-1.160** Mail and Notification Procedures {#sec-10-csr-23-1.160 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-1.160}

PURPOSE: This rule informs permittees of notification procedures.

(1) Permittees shall notify the department of any change of business, residential, mailing, and electronic mailing addresses within thirty (30) days of change and accept all mail sent by the department.

(2) Regular and certified mail sent with proper postage to the last known address will be considered adequate notification of notice served.

(3) Refusal to accept mail is a violation of these rules and may result in disciplinary action.

**History**
- *AUTHORITY: section 256.600, RSMo 2016. Original rule filed April 18, 1990, effective June 28, 1990. Amended: Filed Nov. 1, 1995, effective June 30, 1996. Amended: Filed June 27, 2018, effective Feb. 28, 2019. Original authority: 256.600, RSMo 1985.*

### **Chapter 2** Fee Structure, Certification, and Registration

##### **10 CSR 23-2.010** Fee Structure {#sec-10-csr-23-2.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-2.010}

PURPOSE: This rule establishes a fee structure for activities conducted under 10 CSR 23 pursuant to section 256.623, RSMo.

(1) The following fees shall be assessed:

(A) Permits. A fee of no more than one hundred fifty dollars ($150) for each type of contractor permit issued or renewed;

(B) Machine and Service Vehicle Permits.

An annual fee of no more than fifty dollars ($50) for each well drilling and pump installation machine and service vehicle;

(C) Certification Reports. A fee of no more than one hundred twenty-five dollars ($125) per well paid by the well owner and collected and submitted by the well or pump installation contractor;

(D) Registration Reports. A fee of no more than one hundred dollars ($100) per well paid by the well owner and collected and submitted by the well or pump installation contractor;

(E) Heat Pump Certification Reports. Fees will be paid by the owner and collected and submitted by the heat pump installation contractor. This fee will be determined by the ton rating of the heat pump unit. When more than one (1) heat pump unit is hooked together, the cumulative total of the ton rating will be used to determine the fee. The fee will be no more than— 1. One hundred fifty dollars ($150) for a heat pump unit less than or equal to fifty (≤50) tons; or 2. Two hundred fifty dollars ($250) for a heat pump unit greater than fifty (>50) tons;

(F) Late fees.

1. A late fee of no more than ten dollars ($10) each month charged to the contractor until a complete certification or registration report has been submitted, not to exceed two hundred and forty dollars ($240) per certification or registration report.

2. A late fee of no more than forty percent (40%) of the permit fee per year will be assessed when a well installation or pump installation contractor fails to renew a permit after the expiration date on the contractor’s permit card;

(G) Well logging. Logging of well core or cuttings may be completed for a fee of no more than the actual costs involved in production of the log; and (H) Test fees will be no more than the following:

1. General Test $50 2. Water Well Contractor Test $50 3. Pump Contractor Test $50 4. Heat Pump Contractor Test $50 5. Monitoring Well Contractor Test $50 6. Test Hole Contractor Test $50 7. Retakes (for each test) $50

Emergency amendment filed May 16, 1988, effective May 26, 1988, expired Sept. 22, 1988. Amended: Filed May 16, 1988, effective Aug. 26, 1988. Amended: Filed April 18, 1990, effective June 28, 1990. Emergency amendment filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994.

Amended: Filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed July 13, 1994, effective Jan. 29, 1995. Amended:

Filed Nov. 1, 1995, effective June 30, 1996.

Amended: Filed Feb. 4, 1998, effective Aug. 30, 1998. Amended: Filed June 24, 2008, effective Jan. 30, 2009. Amended: Filed June 27, 2018, effective Feb. 28, 2019. *Original authority: 256.606, RSMo 1991; 256.614, RSMo 1985, amended 1991; 256.623, RSMo 1985, amended 1991; and 256.626, RSMo 1985, amended 1991.

**History**
- *AUTHORITY: sections 256.606, 256.614, 256.623, and 256.626, RSMo 2016. Emergency rule filed July 2, 1986, effective July 12, 1986, expired Nov. 2, 1986. Original rule filed July 2, 1986, effective Oct. 27, 1986.*

##### **10 CSR 23-2.020** Certification and Registration {#sec-10-csr-23-2.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-2.020}

PURPOSE: This rule sets standards for certification and registration report submittal for water wells, monitoring wells, heat pump wells, test holes, and pump installations.

(1) For certification and registration report requirements see section 256.614.1, RSMo.

(2) Certification of a well does not guarantee or imply that the well will produce potable or usable quantities of water.

(3) Certification reports.

(A) If the pump is installed within sixty (60) days of the well completion date, the pump information may be included on the well certification report.

(B) If the pump is installed more than sixty (60) days after the well completion date or if a different permitted contractor installs the pump, then the pump installation contractor is responsible for submitting a separate pump report.

(C) A certification report for a replacement pump installation is not required. However, reports may be submitted for replacement pump installations to meet pump installation contractor apprenticeship requirements.

(D) Pump replacement does not change the type or use of the well (i.e., from domestic to multifamily or from domestic to high yield).

(E) A certification report is not needed for temporary monitoring wells, dry holes, or test holes.

(4) Registration reports.

(A) Temporary monitoring wells located on the same monitoring site all may be reported on one (1) registration report with the associated fee, provided the wells are plugged in the same manner. The report shall be submitted within one hundred and eighty (180) days of the date of plugging the first temporary monitoring well.

(B) Test holes shall have registration reports submitted within one hundred and eighty (180) days of the date of completion of plugging and will be held confidentially for a minimum of ten (10) years pursuant to section 256.615.3, RSMo.

JOHNR. ASHCROFT(1/29/19)

**History**
- *AUTHORITY: sections 256.606, 256.614, 256.623, and 256.626, RSMo 2016. Original rule filed June 27, 2018, effective Feb. 28, 2019. Original authority: 256.606, RSMo 1991; 256.614, RSMo 1985, amended 1991; 256.623, RSMo 1985, amended 1991; and 256.626, RSMo 1985, amended 1991.*

### **Chapter 3a** Water Well Construction Code Tables 3.1 through 3.15 Figures 3.1 through 3.10

##### **10 CSR 23-3.010** Location of Wells {#sec-10-csr-23-3.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-3.010}

PURPOSE: This rule sets criteria for water well placement.

(1) High yield unconsolidated well location requirements are found in 10 CSR 23-3.010(F). All other well types shall be— (A) Located on a site that has sufficient surface drainage to prevent the accumulation or ponding of surface water within ten feet (10') of the well and, if possible, at a higher elevation than possible sources of contamination. The top of the casing shall extend a minimum of twelve inches (12") above ground surface;

(B) Located a minimum setback distance from potential Pollution or Contamination Sources. See 10 CSR 23-3.010 Table 3.1 for specific distances to be followed; and (C) High yield unconsolidated wells shall be a minimum of two hundred feet (200') from contamination sources unless greater distances are specified in 10 CSR 23-3.010(1) Table 3.1.

Table 3.1 Specific setback distances for wells from pollution or contamination sources.

Feature requiring setback Minimum horizontal distance Storage area for commercial fertilizers or chemicals 300'

Demolition landfill 300'

Wastewater treatment plant or lagoon that serves commercial facilities, subdivisions, or mobile home parks Above ground or underground storage tank 1, 2 Tank distribution lines for liquid petroleum, petroleum products, or chemicals 1, 2 Earthen, concrete, or other manure storage structures or lagoons 300'

Land application areas for domestic or animal waste 300'

Animal composting facilities 300'

Unplugged abandoned wells 100'

Subsurface wastewater disposal field, grave, residential lagoon, privy, lift station, or pressurized sewer line Animal Feeding Operation (AFO)

An animal composting facility constructed with a concrete floor cell design covered with a roof Dry litter storage within a building 100'

Other areas with contaminants that may leach into the groundwater 100'

Septic tank or wastewater holding tank 50'

Pit or cistern 50'

Existing operating well 50'

Non-pressurized buried sewer line 25'

Solid waste disposal area, sanitary landfill, special waste landfill, utility waste landfill, waste stabilization pond (lagoon), or hazardous waste treatment, storage, or disposal facility 1000'

1. Any well that cannot meet setback distances for petroleum distribution site shall meet the well construction requirements for a High Yield Bedrock well pursuant to 10 CSR 23-3.030(3).

2. Petroleum or petroleum products that are not liquid at standard temperatures and pressures are exempt from these setback requirements.

3. A safe distance cannot be determined. Any well that intercepts leachates from a waste landfill or waste stabilization pond (lagoon) shall be plugged unless it is approved by the department for use as a monitoring well.

4. Has the same meaning as defined in 10 CSR 20-6.300.

rule filed April 2, 1987, effective July 27, 1987. Emergency amendment filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Amended: Filed Aug. 17, 1993, effective March 10, 1994.

Amended: Filed Nov. 1, 1995, effective June 30, 1996. Amended:

Filed June 27, 2018, effective Feb. 28, 2019. *Original authority: 256.606, RSMo 1991 and 256.626, RSMo 1985, amended 1991.

##### **10 CSR 23-3.020** General Protection of Groundwater Quality and Resources {#sec-10-csr-23-3.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-3.020}

PURPOSE: This rule is for the overall protection of groundwater resources in Missouri.

(1) Wells shall be constructed for their intended use in a manner that will protect groundwater resources and prevent contamination by surface and groundwater by ensuring the casing and wellhead completion are watertight and sealing off formations that are likely to pose a threat to groundwater.

(2) A person may not leave a well incomplete or a borehole open and shall plug or complete the well as directed by the department.

(3) A well previously used for storage or injection of gas, chemical, or any liquid shall not be converted to a well used for water supply.

(4) A person who converts a water well to an oil or gas well shall notify the department pursuant to section 256.614.2, RSMo.

(5) Maintenance and Repair of Wells.

(A) Wells shall be maintained by the owner in a condition where it will protect groundwater and not be a source of, or channel for, contamination or pollution to groundwater.

(B) All materials used in the construction, maintenance, or repair of any well shall meet the requirements in these rules.

(C) Broken, punctured, or damaged casing, or any part of the wellhead that is damaged or missing shall be repaired, replaced, or plugged pursuant to 10 CSR 23-3.110.

(D) Casing and/or drop pipe when being installed or replaced shall not come in direct contact with the ground surface.

(E) Major reconstruction of operational wells in existence on September 28, 1985 (pre-law wells) shall conform to minimum standards pursuant to 10 CSR 23-3. Major reconstruction of wells does not include pulling or setting a pump or plumbing alterations.

(6) Lubricants used during the drilling process shall not adversely affect the groundwater quality by entering the borehole.

(7) Water used in the drilling process or well development shall be of potable quality.

(8) Best management practices such as silt fences, straw bales, containment pits, or basins shall be used to contain drill cuttings, fluid, and foam resulting from drilling operations to minimize impact to land and prevent a discharge to waters of the state. If a discharge to a water of the state occurs, notify the department.

(9) Cross connections between wells and other systems or equipment containing water, chemicals, or substances of unknown risk to groundwater are prohibited, except when equipped with a suitable protective device such as a break tank or backflow prevention device. The owner shall test, retain all records of such tests, and maintain the backflow prevention device to ensure proper operation and protection of groundwater pursuant to 10 CSR 23-3.050(1)(C). Petroleum, fertilizer, and pesticide tanks will be allowed at the well site while irrigating and chemigating and be removed from the well site or emptied when not in use.

Emergency amendment filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Amended: Filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed June 27, 2018, effective Feb. 28, 2019. *Original authority: 256.606, RSMo 1991; 256.614, RSMo 1985, amended 1991; 256.615, RSMo 1991; and 256.626, RSMo 1985, amended 1991.

**History**
- *AUTHORITY: sections 256.606, 256.614, 256.615, and 256.626, RSMo 2016. Original rule filed April 2, 1987, effective July 27, 1987.*

##### **10 CSR 23-3.025** Public Water Supply—Notification to Division {#sec-10-csr-23-3.025 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-3.025}

(Rescinded August 30, 2018)

Original rule filed Aug. 17, 1993, effective March 10, 1994. Amended:

Filed July 13, 1994, effective Jan. 29, 1995. Rescinded: Filed Dec. 29, 2017, effective Aug. 30, 2018.

**History**
- *AUTHORITY: sections 256.606 and 256.628, RSMo Supp. 1991.*

##### **10 CSR 23-3.030** Standards for Construction of Water Wells {#sec-10-csr-23-3.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-3.030}

PURPOSE: This rule describes the minimum construction standards for water wells.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Domestic Water Wells and Pilot Holes.

(A) Casing.

1. Steel well casing. The minimum standards for steel casing are found in Table 3.2.

Table 3.2 Minimum standards for steel casing.

Nominal PipeOutside DiameterWall Thickness (Inches)(Inches)(Inches)

(Weight (lbs.)/Foot) 44 ½ 0.1889 55 ½ 0.18810 66 ⅝0.18813 88 ⅝0.18817 1010 ¾0.18821 1212 ¾0.18825 14140.18828 16160.18832 A. Joints. Joints shall be welded or threaded and be watertight. Recessed or reamed and drifted couplings shall be used on threaded casing. Other couplings may be used provided the design, taper, and type of thread of the coupling matches that of the pipe. Casing extension material shall be of similar material to the original casing. Other types of joints or devices used to join dissimilar casing extension materials may be used upon receiving prior written approval from the department.

B. Standards. Casing shall be new, which includes used casing that was salvaged from a water supply well within ninety (90) days of installation and is decontaminated. Casing shall meet one (1) of the following requirements:

(I) Grade A or B of the American Society for Testing and Materials (ASTM) A53-A53M-20 Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless.

This standard is incorporated by reference as published July 15, 2020, by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959 and does not incorporate any subsequent amendments or additions;

(II) Grade A or B of ASTM A500/A500M-21 Standard Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes. This standard is incorporated by reference as published January 21, 2021, by subsequent amendments or additions;

(III) ASTM A589-A589M-06 Standard Specification for Seamless and Welded Carbon Steel Water-Well Pipe. This standard is incorporated by reference as published October 2, 2018, by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959 and does not incorporate any subsequent amendments or additions; or (IV) Any other new pipe having a quality equal to or greater than those specified above.

C. Drive shoe.

(I) In areas where steel casing is required, equip the well casing with a drive shoe or similar protective device to prevent damage to the well casing during construction of the well.

(II) If no drive shoe is used, follow the minimum grout cure times in Table 3.3.

Table 3.3 Minimum cure times for grout.

Grout TypeMinimum Cure Time (hours)

Hi early cement12 Portland Type I cement72 Chipped Bentonite4 High Solids Bentonite Slurry * *Follow manufacturer’s guidelines. Cure time will vary based on additives.

D. Installation. Install and centralize casing within the borehole for even distribution of grout material.

2. Plastic well casing. The minimum standards for plastic well casing are found in Table 3.4.

Table 3.4 Minimum standards for plastic casing.

Nominal PipeOutside DiameterStandard Dimension Ratio Schedule (Inches)(Inches)(SDR)(SCH) 44 ½2640 55 ½ 2640 66 ⅝2640 A. Joints. Well casing joints shall be watertight and joined by solvent weld (glued) or mechanical. Casing extension material shall be of similar material to the original casing.

Other types of joints or devices used to join dissimilar casing extension materials may be used upon receiving prior written approval from the department.

B. Standards. Casing shall be new and meet ASTM F480- 14 Standard Specification for Thermoplastic Well Casing Pipe and Couplings Made in Standard Dimension Ratios (SDR), SCH 40 and SCH 80. This standard is incorporated by reference as published March 1, 2014, by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959 and does not incorporate any subsequent amendments or additions. Used casing is considered new when salvaged from a water supply well within ninety (90) days of installation and decontaminated.

C. Packers. A packer, coupling, or inverted bell shall be secured at the bottom of the casing and hold the grout in place while drilling continues. No packer, coupling, or inverted bell is needed if grout is allowed to cure following minimum cure times in Table 3.3.

D. Installation. Casings shall be installed and centralized within the borehole for even distribution of grout material.

3. Concrete and fiberglass well casing— A. May be used for unconsolidated wells greater than eighteen inches (18") in diameter;

B. Shall be composed of non-toxic durable material designed for use in potable water wells; and C. Shall be installed and centralized within the borehole for even distribution of grout material.

4. Other materials may be used upon receiving prior written approval from the department.

(B) Borehole. For borehole size see 10 CSR 23-3.090.

(C) Grouting. It is the responsibility of the well installation contractor to ensure that the annular space is sealed and that the casing does not leak. This responsibility ends three (3) years after the approval date by the department unless it can be proven that the annular seal has been damaged by other persons.

1. Grouting installation methods.

A. Gravity method.

(I) Bentonite granules or bentonite slurry shall not be poured through standing water greater than one hundred feet (>100').

(II) Table 3.5 states the maximum depth that grout can be gravity-fed into the well annulus.

Table 3.5 Maximum gravity grouting depths.

Annular SpaceGravity Feed Depth (inches)(feet) 1 ⅛112 1 ¼125 1 ⅜137 1 ½ 150 1 ⅝162 1 ¾ 175 1 ⅞187 (III) Gravity grouting greater than two hundred feet (200') in a four inch (4") annulus is not allowed.

B. Tremie method. Tremie pipes shall be— (I) Placed into the annulus and extend to no less than five feet (5') from the bottom of the interval to be grouted;

(II) Gradually withdrawn as the grouting material is emplaced; and (III) No greater than ten feet (10') above the emplaced grouting material during the entire grouting process.

C. Tremie pressure method. The tremie pipe shall remain submerged in the grouting material during the entire grout pumping process.

D. Pressure method.

E. Open-hole method.

(I) Non-slurry bentonite may be poured from the surface and allowed to completely hydrate before the casing is (II) Bentonite slurry may be used in wells with more than one hundred feet (>100') of standing water only if the grout is emplaced by one (1) of the tremie grouting methods.

F. Positive displacement method.

(I) Bentonite slurry or cement slurry may be used in wells with more than one hundred feet (>100') of standing water only if the grout is emplaced by one (1) of the tremie grouting methods.

G. Other grouting methods may be used upon receiving 2. Grout materials.

A. Cement slurry.

B. Bentonite slurry.

C. Bentonite non-slurry. If there is no water in the annular space, the bentonite shall be hydrated.

D. Other grout types may be used upon receiving prior (D) Driving Casing.

1. When geologic conditions require the casing to be driven, the casing may be driven to the casing depth without adding grout.

2. When it is necessary to drive multiple strings of smaller diameter casing through the primary casing, each succeeding smaller diameter casing shall extend into the preceding casing at least twenty feet (20').

3. Once the casing is set, install liner pursuant to 10 CSR 23-3.080(3)(C).

4. In addition to the liner, a top annular casing seal, at least ten feet (10') deep is required below the pitless connection.

5. A liner and top annular seal are not required when the open hole method or positive displacement grouting method is used.

(E) Wellhead Completion. Follow well casing seal and connection installation pursuant to 10 CSR 23-3.050(6).

(2) Multifamily Wells.

(A) Multifamily wells shall have no more than eight (8) connections, fewer than twenty-five (25) individuals, and have a pumping capacity of less than seventy gallons per minute (<70 gpm).

(B) Multifamily wells may be used to serve a charitable or benevolent organization pursuant to section 640.116, RSMo.

(C) Casing.

1. Follow 10 CSR 23-3.090 for minimum casing depths by Drilling Area for domestic water wells.

2. Install new casing that meets the requirements listed in 10 CSR 23-3.030(1)(A)1. or new Standard Dimension Ratio 21, or SCH 80 plastic casing meeting the requirements of 10 CSR 23-3.030(1)(A)2.B.

3. Other casing design or materials may be used upon receiving prior written approval from the department.

4. Liners are not a substitute for casing.

(D) Joints.

1. Steel well casing joints shall be welded or threaded and be watertight. Other types of joints may be used upon receiving advanced written approval by the department.

Recessed or reamed and drifted couplings shall be used on threaded casing; other couplings may be used provided the design, taper, and thread type is compatible with the pipe.

2. Plastic well casing joints shall be watertight and joined by solvent weld (glued) or mechanically.

3. Casing extension material shall be of similar material to the original casing. Other types of joints or devices used to join dissimilar casing extension materials may be used upon receiving prior written approval from the department.

(E) Drive shoe. For drive shoe requirements see 10 CSR 23- 3.030(1)(A)1.C.

(F) Packers. For packer requirements see 10 CSR 23-3.030(1)

(A)2.C.

(G) Installation. Casings shall be installed and centralized within the borehole for even distribution of grout material.

(H) Borehole. The borehole must be a minimum of four inches (4") larger in diameter than casing.

(I) Grouting. Grout the annular space of the well full length.

It is the responsibility of the well installation contractor to ensure that the annular space is sealed and that the casing does not leak. This responsibility ends three (3) years after the date of approval by the department unless it can be proven that the well seal has been damaged by another person.

1. Grouting installation methods.

A. Tremie method pursuant to 10 CSR 23-3.030(1)(C)1.B.

B. Tremie pressure method pursuant to 10 CSR 23-3.030(1)

(C)1.C.

C. Pressure method pursuant to 10 CSR 23-3.030(1)(C)1.D.

2. Grout materials.

A. Grout types pursuant to 10 CSR 23-3.030(1)(C)2. may be used except powdered or granular non-slurry bentonite.

B. Other grout types may be used upon receiving prior (J) Wellhead Completion. The wellhead shall be completed pursuant to 10 CSR 23-3.050(6).

(3) High yield bedrock wells or high yield unconsolidated wells two hundred feet (200') or more in depth.

(A) Casing.

1. The minimum amount of casing shall be determined by the department in advance.

2. Install new steel casing that meets the minimum standards specified in Table 3.6 for size and weight.

3. In lieu of steel casing, unconsolidated wells two hundred feet (200') or more in depth may use Schedule 80 or Standard Dimension Ratio 21 (SDR 21) plastic casing.

4. Liners are not a substitute for casing.

5. Other design or materials may be used upon receiving Table 3.6 Minimum steel casing requirements for high yield bedrock wells and high yield unconsolidated wells two hundred feet (200') or more in depth.

Nominal Pipe Outside Diameter Wall Thickness (inches)(inches)(inches)

Weight per foot (lbs.) 66 ⅝0.28019 88 ⅝0.32229 1010 ¾0.36540 1212 ¾0.37550 14140.37555 16160.37563 18180.37571 20200.37579 22220.500115 24240.500125 26260.500136 28280.500147 30300.500158 32320.500168 34340.500179 36360.500190 (B) Joints, Standards, Drive Shoe, Borehole, and Wellhead Completion shall be followed pursuant to 10 CSR 23-3.030(2).

(C) Grouting.

1. Grout the annular space of the well full-length with neat cement. It is the responsibility of the well installation contractor to ensure that the annular space is sealed and that the casing does not leak. This responsibility ends three (3) years after the date of approval by the department unless it can be proven that the well seal has been damaged by another person.

2. Grouting installation methods.

A. Tremie method pursuant to 10 CSR 23-3.030(1)(C)1.B.

B. Tremie pressure method pursuant to 10 CSR 23-3.030(1)

(C)1.C.

C. Pressure method pursuant to 10 CSR 23-3.030(1)(C)1.D.

(4) High yield unconsolidated wells less than two hundred feet (<200').

(A) Casing.

1. Install a minimum of twenty feet (20') of casing.

2. Install new steel or plastic casing that meets the minimum standards specified in Table 3.2 or Table 3.4, respectively.

3. Install and centralize casing within the borehole for even distribution of grout material.

4. Other design or materials may be used upon receiving (B) Borehole. Construct the borehole pursuant to 10 CSR 23- 3.030(2)(H).

(C) Grouting. Install a ten foot (10') minimum top grout seal.

It is the responsibility of the well installation contractor to ensure that the annular space is sealed and that the casing does not leak. This responsibility ends three (3) years after the date of approval by the department unless it can be proven that the annular seal has been damaged by another person.

1. Grouting installation methods.

A. Gravity method pursuant to 10 CSR 23-3.030(1)(C)1.A.

B. Tremie method pursuant to 10 CSR 23-3.030(1)(C)1.B.

C. Tremie pressure method pursuant to 10 CSR 23- 3.030(1)(C)1.C.

D. Pressure method pursuant to 10 CSR 23-3.030(1)(C)1.D.

2. Grout materials.

A. Cement slurry.

B. Non-slurry bentonite.

C. Other grout types may be used upon receiving prior (D) Gravel Pack. All gravel placed into the well shall be clean, washed, and disinfected prior to placement or provisions made for disinfection in place.

(E) Wellhead Completion. Follow well casing seal and connection installation pursuant to 10 CSR 23-3.050(6).

(F) Major water users are subject to requirements pursuant to

section 256.410, RSMo.

(5) Public Water Supply Wells.

(A) Wells that serve a public water system shall not be constructed or altered without authorization pursuant to 10 CSR 60-3.

(6) Oil and Gas Zones.

(A) Report oil or gas encounters and the conversion of water wells to oil or gas wells pursuant to section 256.614, RSMo.

(B) Any water well that encounters oil and/or gas shall have an annular or open hole grout plug from fifty feet (50') below the oil and/or gas bearing zone to fifty feet (50') above the oil and/or gas bearing zone.

(C) The grout plug shall be composed of cement slurry with a two to six percent (2–6%) bentonite additive.

(D) The grout plug shall be placed via one (1) of the tremie methods.

Emergency amendment filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Amended: Filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed July 13, 1994, effective Jan. 29, 1995.

Amended: Filed Nov. 1, 1995, effective June 30, 1996. Amended:

Filed June 27, 2018, effective Feb. 28, 2019. Amended: Filed March 20, 2024, effective Nov. 30, 2024. *Original authority: 256.606, RSMo 1991; 256.614, RSMo 1985, amended 1991; 256.615, RSMo 1991; and 256.626, RSMo 1985, amended 1991.

**History**
- *AUTHORITY: sections 256.606, 256.614, 256.615, and 256.626, RSMo 2016. Original rule filed April 2, 1987, effective July 27, 1987.*

##### **10 CSR 23-3.040** Well Casing Seals and Connections {#sec-10-csr-23-3.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-3.040}

Original rule filed April 2, 1987, effective July 27, 1987. Emergency amendment filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Amended: Filed Aug. 17, 1993, effective March 10, 1994. Rescinded: Filed June 27, 2018, effective Feb. 28, 2019.

**History**
- *AUTHORITY: sections 256.606 and 256.626, RSMo Supp. 1991.*

##### **10 CSR 23-3.050** Pump Installation and Wellhead Completion {#sec-10-csr-23-3.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-3.050}

PURPOSE: This rule sets specific standards as to the proper procedures for the installation of pumps, plumbing, and completion of the wellhead.

(1) Pumps and Pumping Equipment.

(A) Pumps shall be surface mounted or submersible. Water may not be withdrawn from a well by using a bailer or well bucket.

(B) Surface mounted pumps shall be constructed so that no unprotected openings into the well casing exist. A hand pump, hand pump head, stand or similar device shall have a closed spout directed downward and a pump rod that operates through a stuffing box. A power driven pump shall be attached to the casing or approved suction or discharge line by a watertight connection.

(C) For inactive wells or new wells waiting on pump installation, the wellhead shall be fitted with a cap that is watertight and sufficiently installed to prohibit vandalism or other contamination from the surface.

(D) Backflow Prevention.

1. A backflow prevention device shall be installed on all wells where agricultural chemical injection or other pressurized contaminant sources are used.

2. A double check-spring loaded backflow prevention device shall be installed between the point of chemical injection and the water well in accordance with the manufacturer’s instructions and shall have the following:

A. A valve so that water can be drained from the system to prevent freezing;

B. A vacuum relief valve to prevent back-siphoning of chemicals into the well;

C. An automatic low pressure drain at least threequarters inch (3/4") in diameter that drains the check valve body of water when operation of the pump is discontinued;

D. A watertight seal around the check valve;

E. An inspection port at least four inches (4") in diameter to allow inspections of the inside of the check valve; and F. A check valve able to withstand a minimum hydraulic pressure of one hundred fifty (150) pounds per square inch (psi) without leaking and resistant to corrosion.

3. The well pump and the chemical injection pump shall be electrically or mechanically connected so that when the well pump stops, the chemical pump will shut off automatically.

(E) Electrical.

1. A permitted pump installation contractor shall perform all electrical wiring that impacts the operation of the pump or pressure system to the point of entry. Any person may perform electrical wiring on high yield wells.

2. The electric wire shall not be installed through the pitless connection and shall be grounded.

(F) Plumbing. A permitted pump installation contractor, except as exempted in section 256.607.2, RSMo, shall perform all plumbing that impacts the distribution of water from its source, through the pressure system to the point of entry. This includes but is not limited to pressure tanks, water treatment equipment and any other materials needed to complete the installation of the water system, inside and outside of the structure.

(2) Water suction lines for surface pumps shall be constructed of galvanized iron, steel, plastic, or aluminum. Other materials may be used provided advanced written approval is obtained from the department. A well seal or equivalent shall be installed between the well casing and suction pipe that is watertight.

(3) Frost proof yard hydrants shall not be installed directly on the wellhead and be securely anchored.

(4) Pump Discharge Lines.

(A) A discharge line from the well to the pressure tank shall not be under negative pressure during normal operation.

(B) Pump discharge ports on high yield wells shall be covered when not in use.

(5) Drop pipe shall be rigid, of sufficient strength to support the weight and torque of the pump, be able to withstand the operating water pressure, be impact and abrasion resistant, and not impart contaminants into the groundwater.

(6) Wellhead Completion.

(A) Above-ground connections shall— 1. Be a minimum of twelve inches (12") above ground surface or well house floor;

2. Have watertight piping and electrical connections that are mechanical or welded and sealed;

3. Have a protective well cap that seals tightly against the casing and has a screened vent or a casing seal that has a new rubber gasket. Cutting the rubber well seal for installation is not allowed;

4. When used, have surface driven pumps extending at least one inch (1") into the base of the motor;

5. Be provided with a minimum of one-half inch (½") diameter screened vent pointed downward;

6. Not use hubcap type well caps for permanent use; and 7. Use temporary caps until a permanent cap or well seal is installed.

(B) Below-ground connections shall— 1. Use a pitless adaptor or pitless unit of sufficient strength to withstand normal operating stress;

2. Construct the hole cut in the casing for the installation of the pitless adaptor/unit to ensure a watertight seal with the pitless adaptor/unit in place;

3. Use a protective well cap that seals tightly against the casing and has a screened vent; and 4. Have native or grout material packed tightly around the casing and discharge pipe after installation.

(7) Disinfection.

(A) The permittee shall be responsible for disinfecting a new, repaired, or reconstructed well or pump installation or replacement.

(B) The well, pressure tank, and pumping equipment shall be disinfected with chlorine to achieve a concentration of at least one hundred (100) parts per million (ppm) of chlorine.

(C) The minimum contact period before pumping the well to waste and flushing the chlorine solution from the distribution system is two (2) hours.

(D) When pulling a pump the electrical wire and drop pipe shall not touch the ground. If contamination occurs, disinfect all items prior to reinstallation.

(E) A discharge of chlorinated water to waters of the state shall be reported to the department.

rule filed April 2, 1987, effective July 27, 1987. Amended: Filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed Nov. 1, 1995, effective June 30, 1996. Amended: Filed June 27, 2018, effective Feb. 28, 2019. Amended: Filed March 20, 2024, effective Nov. 30, 2024. *Original authority: 256.606, RSMo 1991, and 256.626, RSMo 1985, amended 1991.

##### **10 CSR 23-3.060** Certification and Registration Reports {#sec-10-csr-23-3.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-3.060}

Filed March 30, 2005, effective Oct. 30, 2005. Rescinded: Filed June 27, 2018, effective Feb. 28, 2019.

**History**
- *AUTHORITY: sections 256.606, 256.614, 256.623 and 256.626, RSMo 2000. Original rule filed April 2, 1987, effective July 27, 1987. Emergency rescission and emergency rule filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Rescinded and readopted: Filed Aug. 17, 1993, effective March 10, 1994. Amended:*

##### **10 CSR 23-3.070** Plastic Well Casing {#sec-10-csr-23-3.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-3.070}

Amended: Filed Aug. 17, 1993, effective March 10, 1994. Amended:

Filed July 13, 1994, effective Jan. 29, 1995. Amended:

Filed Nov. 1, 1995, effective June 30, 1996. Rescinded: Filed June 27, 2018, effective Feb. 28, 2019.

**History**
- *AUTHORITY: sections 256.606, 256.614, 256.615 and 256.626, RSMo 1994. Original rule filed April 2, 1987, effective July 27, 1987.*

##### **10 CSR 23-3.080** Liners {#sec-10-csr-23-3.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-3.080}

PURPOSE: This rule sets guidelines for the use of liners in water wells.

(1) General specifications. All liners shall— (A) Be new and meet minimum specifications in Table 3.8.

Liner shall be new, which includes used liner that is salvaged from a water supply well within ninety (90) days of installation and is decontaminated. Liner must meet one (1) of the following:

1. ASTM F480-14 Standard Specification for Thermoplastic Well Casing Pipe and Coupling Made in Standard Dimension Ratios (SDR), SCH 40 and SCH 80. This standard is incorporated by reference as published March 1, 2014, by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959 and does not incorporate any subsequent amendments or additions;

2. Grade A or B of ASTM A53-A53M-20, Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless. This standard is incorporated by reference as published July 15, 2020, by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959 and does not incorporate any subsequent amendments or additions;

3. Grade A or B of ASTM A500/A500M-21 Standard Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes. This standard is incorporated by reference as published January 21, 2021, by subsequent amendments or additions; or 4. ASTM A589-A589M-06 Standard Specification for Seamless and Welded Carbon Steel Water-Well Pipe. This standard is incorporated by reference as published October 2, 2018, by subsequent amendments or additions.

Table 3.8 Minimum liner specifications.

MaterialWall thickness (inches)

Standard dimension ratio (SDR)

Schedule (SCH)

Steel0.188-- Plastic (PVC or ABS only) -2640 (B) Be suspended securely with a hanger or allowed to rest on bottom of the well;

(C) Be installed so that the top of the liner terminates within twenty feet (20') of the top of the casing; and (D) Be able to withstand forces encountered during installation.

(2) Packers or liner hangers when used shall be secured— (A) For plastic liners, with screws that do not penetrate the inside of the liner; or (B) For steel liners, with liner hangers welded or mechanically attached.

(3) Liners are used for three (3) general purposes. The following additional requirements apply based on the purpose of the liner:

(A) To hold the well bore open for any potential collapse or sloughing of loose material— 1. Grout material and packers are optional; and 2. Manufactured slotted liner, pipe-based screens, wirewrapped liners, or manually perforated liners may be used;

(B) To prevent rust— 1. The liner shall extend from at least five feet (5') below the bottom of the casing to within twenty feet (20') of the top of the casing;

2. Shall have two (2) packers, with the first packer set within five feet (5') below the bottom of the casing and the second packer set inside the casing near the bottom; and 3. Grout material is optional; and (C) To seal out undesirable conditions or to correct inadequate casing seals— 1. Have a minimum annular space of one-half inch (½"); and 2. Have a minimum of two (2) packers installed at a depth that is appropriate for adequate sealing against a smooth section of borehole and is supportive of the grout column above;

3. Have packers placed a maximum of ten feet (10') apart;

4. Use one (1) of the following grout materials:

A. Cement slurry; or B. Coated bentonite pellets; or C. Other grout materials upon receiving advanced written approval by the department;

5. Use one (1) of the following grout methods:

A. Gravity; or B. Tremie; or C. Other methods upon receiving advanced written approval by the department; and 6. Have a minimum thirty-foot (30') annular seal placed above the packers using specifications provided in Table 3.9; and 7. Have the top of the liner extend to within twenty feet (20') of the top of casing; and 8. When used to correct inadequate casing seals, place the top packer twenty-five feet (25') below the bottom of the casing. Emplace grout material from above the top packer to a minimum of five feet (5') into the casing for a total of thirty feet (30') of grout.

(4) PVC or ABS liners are prohibited when known gasoline or solvent contamination exists within three hundred feet (300') of the well being repaired or drilled.

(5) It is the responsibility of the permittee to ensure the annulus between the borehole and liner is sealed for a period of three (3) years from the date the well construction or reconstruction is approved by the department, unless it can be proven that the annular seal has been damaged by another person. This applies to wells where the liner is installed to seal out undesirable conditions, correct inadequate grout seals of the casing annulus, and/or any other issue associated with the well casing.

rule filed April 2, 1987, effective July 27, 1987. Emergency rescission and emergency rule filed Nov. 16, 1993, effective Dec. 11, 1993, expire April 9, 1994. Rescinded and readopted: Filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed July 13, 1994, effective Jan. 29, 1995. Amended:

Filed N ov. 1, 1995, effective June 30, 1996.

Borehole Diameter (inches) 68106810 Outer Diameter of Liner (inches)

Type of Grout4 ½"4 ½"4 ½"5"5"5"

CEMENT

Portland Type I2.26.111.21.55.510.5 Portland Type II2.26.111.21.55.510.5 BENTONITE Pellets ½" Baroid Pellets3.59.717.82.58.716.7 ⅜" Baroid Pellets3.710.318.72.69.217.6 ¼" Baroid Pellets3.710.218.62.69.117. 5 Wyo-bend Tablets3.910.819.72.79.618.5 Volclay ½"3.910.919.92.79.718.7 Volclay ⅜"4.111.320.62.810.119.3 Volclay ¼"4.211.621.22.910.420.0 Table 3.9 Minimum number of bags of grout to achieve an annular grout seal of thirty feet (30') for lining water wells.

Amended: Filed June 27, 2018, effective Feb. 28, 2019. Amended:

Filed March 20, 2024, effective Nov. 30, 2024. *Original authority: 256.606, RSMo 1991, and 256.626, RSMo 1985, amended 1991.

##### **10 CSR 23-3.090** Drilling Areas {#sec-10-csr-23-3.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-3.090}

PURPOSE: This rule sets construction standards in addition to 10 CSR 23-3.030 Standards for Construction of Water Wells. These additional standards apply to domestic and multifamily wells and vary by geographic area based on geologic, hydrologic, and/or environmental factors (see Figure 3.1). It is the responsibility of the well installation contractor to determine in which drilling area a proposed well is located and associated construction requirements of that area.

(1) Area 1. This area encompasses portions of southwestern, central, east-central, and southeastern Missouri (see Figure 3.2).

(A) Bedrock wells.

1. A minimum of eighty feet (80') of casing shall be installed and extend a minimum of thirty feet (30') into solid bedrock.

Example: If sixty feet (60') of residual material or broken rock is encountered during drilling above solid bedrock, then ninety feet (90') of casing will be installed.

2. Construct the borehole for domestic wells a minimum of 3. Install new casing pursuant to 10 CSR 23-3.030(1)(A).

4. Grouting requirements.

A. The lowermost thirty feet (30') of casing shall be B. Grouting materials and methods shall be followed C. The annular space above the grouted interval shall be (B) Unconsolidated material wells.

1. A minimum of twenty feet (20') of casing shall be 2. Construct the borehole for domestic wells a minimum 3. Install new casing pursuant to 10 CSR 23-3.030(1)(A).

4. Grouting requirements.

A. The upper twenty feet (20') of casing shall be grouted.

B. Grouting methods and materials shall be followed C. A chlorinated gravel pack may be placed into the (2) Area 2. This area encompasses west-central Missouri and is delineated separately because the bedrock has the potential to produce groundwater with high dissolved solids compared to other areas of the state (see Figure 3.3).

(A) Bedrock wells.

1. A minimum of forty feet (40') of casing shall be installed and extend a minimum of fifteen feet (15') into solid bedrock.

2. Construct the borehole for domestic wells a minimum of 3. Install new casing pursuant to 10 CSR 23-3.030(1)(A).

4. Grouting requirements.

A. The lowermost thirty feet (30') of casing shall be B. Grouting materials and methods shall be followed C. The annular space above the grouted interval shall be (B) Unconsolidated material wells.

1. A minimum of twenty feet (20') of casing shall be 2. Construct the borehole for domestic wells a minimum 3. Install new casing pursuant to 10 CSR 23-3.030(1)(A).

4. Grouting requirements.

A. The upper twenty feet (20') of casing shall be grouted.

B. Grouting materials and methods shall be followed C. A chlorinated gravel pack may be placed into the (3) Area 3. This area encompasses northwestern and northcentral Missouri and is delineated separately because glacial till overlies bedrock that has a higher likelihood of producing groundwater with high dissolved solids compared to other areas of the state (see Figure 3.4).

(A) Bedrock wells.

1. A minimum of forty feet (40') of casing shall be installed and extend a minimum of fifteen feet (15') into solid bedrock.

2. Construct the borehole for domestic wells a minimum of 3. Install new casing pursuant to 10 CSR 23-3.030(1)(A).

4. Grouting requirements.

A. The lowermost thirty feet (30') of casing shall be B. Grouting materials and methods shall be followed C. The annular space above the grouted interval shall be 5. Shallow bedrock well—If usable quantities of water are not expected to be available in deeper bedrock horizons, one (1) of the following construction methods may be used.

A. Method 1.

(I) A minimum of forty feet (40') of casing shall be installed pursuant to 10 CSR 23-3.030(1)(A).

(II) A minimum of one foot (1') of casing shall extend into solid bedrock.

(III) Construct the borehole for domestic wells a (IV) The lower thirty feet (30') of casing shall be (V) Grouting materials and methods shall be followed (VI) The annular space above the grouted interval B. Method 2.

(I) The casing shall be installed full-length pursuant to 10 CSR 23-3.030(1)(A) and perforated below twenty feet (20') across the producing horizon.

(II) Construct the borehole for domestic wells two inches (2") larger than the casing being installed with the upper twenty feet (20') reamed out to four inches (4") larger than the casing being installed.

(III) The upper twenty feet (20') of annular space shall be grouted and the remainder of the borehole below the grout shall be gravel packed if a packer is not installed.

6. All construction requirements pursuant to 10 CSR 23- 3.030 shall be met except as stated in 10 CSR 23-3.090(3)(A)5.

(B) Unconsolidated material wells and glacial drift wells.

1. A minimum of twenty feet (20') of casing shall be 2. Construct the borehole for domestic wells a minimum 3. Grouting requirements.

A. The upper twenty feet (20') of casing shall be grouted.

B. Grouting materials and methods shall be followed C. A chlorinated gravel pack may be placed into the against the screen or perforated interval.

(4) Area 4. This area encompasses northeastern Missouri and is delineated separately because glacial till of low permeability overlies bedrock that has a higher likelihood of producing groundwater with high dissolved solids compared to other areas of the state (see Figure 3.5).

(A) Bedrock wells.

1. A minimum of forty feet (40') of casing shall be installed and extend a minimum of fifteen feet (15') into bedrock.

2. Construct the borehole for domestic wells a minimum of 3. Install new casing pursuant to 10 CSR 23-3.030(1)(A).

4. Grouting requirements.

A. The lowermost thirty feet (30') of casing shall be B. Grouting materials and methods shall be followed C. The annular space above the grouted interval shall be 5. Shallow bedrock wells—If usable quantities of water are not expected to be available in deeper bedrock horizons the following construction method may be used.

A. Method 1.

(I) A minimum of forty feet (40') of casing shall be installed pursuant to 10 CSR 23-3.030(1)(A).

(II) A minimum of one foot (1') of casing shall extend into solid bedrock.

(III) Construct the borehole for domestic wells a (IV) The lower thirty feet (30') of casing shall be (V) Grouting materials and methods shall be followed (VI) The annular space above the grouted interval 6. All construction requirements pursuant to 10 CSR 23- 3.030 shall be met except as stated in 10 CSR 23-3.090(4)(A)5.

(B) Unconsolidated material wells and glacial drift wells.

1. A minimum of twenty feet (20') of casing shall be 2. Construct the borehole for domestic wells a minimum 3. Grouting requirements.

A. The upper twenty feet (20') of casing shall be grouted.

B. Grouting materials and methods shall be followed C. A chlorinated gravel pack may be placed into the against the screen or perforated interval.

(5) Area 5. This area encompasses the Missouri and Mississippi River floodplains and is delineated separately because the uppermost aquifer consists of unconsolidated alluvium (see Figure 3.6).

(A) Bedrock wells.

1. A minimum of eighty feet (80') of casing shall extend a minimum of thirty feet (30') into bedrock.

2. Construct the borehole for domestic wells a minimum of 3. Install new casing pursuant to 10 CSR 23-3.030(1)(A).

4. The lowermost thirty feet (30') of casing shall be grouted pursuant to 10 CSR 23-3.030(1)(C). The annular space above the grouted interval shall be filled with clean fill.

(B) Unconsolidated material wells.

1. A minimum of twenty feet (20') of casing shall be 2. Construct the borehole for domestic wells a minimum of four inches (4") larger than the casing diameter installed.

Unconsolidated material wells that have a casing diameter less than four inches (<4") in diameter are exempt from these rules.

3. The upper twenty feet (20') of casing shall be grouted 4. A chlorinated gravel pack may be placed into the annular space adjacent to the well screen or native materials may be allowed to collapse against the screen or perforated interval.

5. All construction requirements pursuant to 10 CSR 23- 3.030 shall be met except as stated in 10 CSR 23-3.090(5)(B)2. and 3.

(6) Area 6. This area encompasses the St. Francois Mountains and is delineated separately because igneous bedrock, which has low permeability, occurs close to the ground surface (Figure 3.7).

(A) Bedrock wells.

1. Bedrock wells where granite is less than one hundred feet (<100') below the surface.

A. A minimum of forty feet (40') of casing shall be installed and extend a minimum of fifteen feet (15') into solid bedrock. Example: If sixty feet (60') of residual material bedrock, then seventy-five feet (75') of casing shall be installed.

B. Construct the borehole for domestic wells a minimum C. Install new casing pursuant to 10 CSR 23-3.030(1)(A).

D. The lowermost thirty feet (30') of casing shall be grouted. The annular space above the grouted interval shall be E. Grouting materials and methods shall be followed 2. Bedrock wells where granite is one hundred feet or more (≥100') below the surface.

A. A minimum of eighty feet (80') of casing shall be installed and shall extend a minimum of thirty feet (30') into solid bedrock.

B. Construct the borehole for domestic wells a minimum C. Install new casing pursuant to 10 CSR 23-3.030(1)(A).

D. The lowermost thirty feet (30') of casing shall be grouted. The annular space above the grouted interval shall be E. Grouting materials and methods shall be followed (B) Unconsolidated material wells.

1. A minimum of twenty feet (20') of casing shall be 2. Construct the borehole for domestic wells a minimum 3. Install new casing pursuant to 10 CSR 23-3.030(1)(A).

4. The upper twenty feet (20') of casing shall be grouted.

5. Grouting materials and methods shall be followed 6. A chlorinated gravel pack may be placed into the (7) Area 7. This area encompasses Osage, Gasconade, Maries, and parts of Phelps, Crawford, and Franklin counties and is delineated separately because it is overlain in part by Pennsylvanian-aged bedrock that is capable of producing groundwater with high dissolved solids (see Figure 3.2).

(A) Bedrock wells.

1. A minimum of eighty feet (80') of casing shall be installed and extend a minimum of thirty feet (30') into solid bedrock.

Example: If sixty feet (60') of residual material or broken rock is encountered during drilling above solid bedrock, then ninety feet (90') of casing shall be installed.

2. In areas where Pennsylvanian-age strata (shale, sandstone, and/or clay) are present, a minimum of one hundred fifty feet (150') of casing shall be installed and extend at least thirty feet (30') below the Pennsylvanian-age strata (shale, sandstone, and/or clay).

3. Construct the borehole for domestic wells a minimum of 4. Install new casing pursuant to 10 CSR 23-3.030(1)(A).

5. Grouting requirements.

A. The lowermost thirty feet (30') of casing shall be B. Grouting materials and methods shall be followed C. The annular space above the grouted interval shall be (B) Unconsolidated material wells.

1. A minimum of twenty feet (20') of casing shall be 2. Construct the borehole for domestic wells a minimum 3. Install new casing pursuant to 10 CSR 23-3.030(1)(A).

4. Grouting requirements.

A. The upper twenty feet (20') of casing shall be grouted.

B. Grouting materials and methods shall be followed C. A chlorinated gravel pack may be placed into the (8) Area 8. This area encompasses a one-quarter (¼) mile buffer from the twenty foot (20') water depth contour line of major lakes in Missouri (see Figure 3.2).

(A) The major lakes include— 1. Truman;

2. Stockton;

3. Table Rock;

4. Bull Shoals;

5. Lake of the Ozarks;

6. Pomme de Terre;

7. Norfork; and 8. Clearwater.

(B) Bedrock wells.

1. Casing shall be installed fifty feet (50') below the deepest point of the lake within one-quarter (¼) mile radius of the well location. Casing shall not be less than the minimum requirements outlined in Drill Area 1 (10 CSR 23-3.090(1)) a minimum of eighty feet (80') and extend thirty feet (30') into bedrock. Formula: well site elevation (feet) - deepest lake elevation within one-quarter (¼) mile (feet) + fifty feet (50') = casing depth. Example: 1000' (well site elevation) - 850'

(deepest lake elevation within one-quarter (¼) mile) + 50' = 200' casing depth.

2. A casing point request may be submitted to the department prior to drilling in Drill Area 8.

3. Construct the borehole for domestic wells a minimum of 4. Install new casing pursuant to 10 CSR 23-3.030(1)(A).

5. When plastic casing is used, liner shall not be used in lieu of casing.

6. When steel casing is used, and the minimum casing depth cannot be achieved due to geologic reasons, casing shall be installed to a minimum of eighty feet (80') extending a minimum of thirty feet (30') into bedrock and a liner used to achieve the remaining casing depth provided the following requirements are met:

A. Have a minimum annular space of one-half inch (½");

B. Secure packers at or below the bottom of the minimum casing depth;

C. Have the top of the liner extend to within twenty feet (20') of the top of casing;

D. Have packers placed a maximum of ten feet (10')

E. Grout pursuant to 10 CSR 23-3.090(8)(B)7. using the gravity or tremie grouting method using cement slurry or coated bentonite pellets; and F. Liner specifications shall be followed pursuant to 10 CSR 23-3.080(1), (2), (4), and (5).

7. Grouting requirements.

A. The lowermost thirty feet (30') of casing shall be B. Grouting materials and methods shall be followed C. The annular space above the grouted interval shall be (C) Unconsolidated material wells. The unconsolidated requirements for the Drill Area adjacent to the lake apply.

(9) Area 9. This area encompasses Greene and parts of Christian County where rapid urbanization is occurring in a sensitive geologic and hydrologic setting. The upper aquifer (Springfield Plateau Aquifer) and lower aquifer (Ozark Aquifer) are inconstantly separated by low-permeability bedrock (Ozark Confining Unit). This low-permeability bedrock generally limits migration of groundwater and any associated contamination from the upper aquifer to the lower aquifer (see Figure 3.2).

(A) Bedrock wells.

1. The casing shall be installed a minimum of ten feet (10') below the Ozark Confining Unit.

2. A casing point request may be submitted to the department prior to drilling in Drill Area 9.

3. Construct the borehole for domestic wells a minimum of 4. Install new casing pursuant to 10 CSR 23-3.030(1)(A).

5. If plastic casing is used, construct the borehole a minimum of four inches (4") larger than the casing being installed. When plastic casing is used, liner shall not be used in lieu of casing.

6. When steel casing is used and the minimum casing depth cannot be achieved due to geologic reasons, casing shall be installed to a minimum of eighty feet (80') extending a minimum of thirty feet (30') into bedrock and a liner used to achieve the remaining casing depth provided the following requirements are met:

A. Have a minimum annular space of one-half inch (½");

B. Secure packers at or below the bottom of the Ozark Confining Unit pursuant to 10 CSR 23-3.090(9)(A)1.;

C. Have the top of the liner extend to within twenty feet (20') of the top of casing;

D. Have packers placed a maximum of ten feet (10')

E. Grout pursuant to 10 CSR 23-3.090(9)(A)7. using the gravity or tremie grouting method using cement slurry or coated bentonite pellets; and F. Liner specifications shall be followed pursuant to 10 CSR 23-3.080(1), (2), (4), and (5).

7. Grouting requirements.

A. The Ozark Confining Unit shall be grouted from ten feet (10') below the Ozark Confining Unit to the top of the Ozark Confining Unit and at a minimum the lowermost thirty feet (30') of casing shall be grouted.

B. When the casing extends more than ten feet (10') below the bottom of the Ozark Confining Unit, more than thirty feet (30') of grout will be required to seal off the Ozark Confining Unit.

C. Grouting materials and methods shall be followed D. The annular space above the grouted interval shall be (B) Unconsolidated material wells. The unconsolidated requirements for Drill Area 1 apply.

(10) Area 10. This area encompasses a portion of southeastern Missouri and is composed of deeply weathered and highly fractured bedrock where openings may be filled with mud extending deep into bedrock (see Figure 3.8).

(A) Bedrock wells.

1. A minimum of eighty feet (80') of casing shall be installed and extend a minimum of fifteen feet (15') into solid bedrock. Example: If eighty feet (80') of residual material bedrock, then ninety-five feet (95') of casing shall be installed.

If solid bedrock is not encountered within one hundred and fifty feet (150') the contractor may consult the department for further instructions regarding a variance or install casing into deeper solid bedrock.

2. Construct the borehole for domestic wells a minimum of 3. Install new casing pursuant to 10 CSR 23-3.030(1)(A).

4. Grouting requirements.

A. If casing is driven, see 10 CSR 23-3.030(1)(D) for liner and grouting requirements.

B. If casing is not driven, the lowermost thirty feet (30') of casing shall be grouted.

(I) Grouting materials and methods shall be followed (II) The annular space above the grouted interval shall be filled with clean fill.

(B) If unconsolidated material wells are drilled in Area 10, Drill Area 1 requirements for unconsolidated wells apply.

(11) Area 11. This area encompasses Newton and Jasper County and is delineated separately due to the contamination of portions of the upper aquifer by one (1) or more of the following: lead, cadmium, chlorinated volatile organic compounds (VOCs) including trichloroethylene (TCE), TCE degradation products, or other contaminants pursuant to 10 CSR 60-4. The upper aquifer (Springfield Plateau Aquifer) and lower aquifer (Ozark Aquifer) are inconstantly separated by low-permeability bedrock (Ozark Confining Unit). This low-permeability bedrock generally limits migration of groundwater and any associated contamination from the upper aquifer to the lower aquifer (see Figure 3.2).

(A) Bedrock wells.

1. Wells outside of Impact Areas may be installed in the upper aquifer provided they do not penetrate the Ozark Confining Unit; or wells may be installed and cased/sealed through the Ozark Confining Unit and open to only the lower aquifer.

2. New upper aquifer wells outside of Impact Areas.

A. Total depth of the well shall not penetrate the Ozark Confining Unit.

B. A minimum of eighty feet (80') of casing shall be installed and extend a minimum of thirty feet (30') into solid bedrock. Example: If sixty feet (60') of residual material bedrock, then ninety feet (90') of casing will be installed.

C. Construct the borehole for domestic wells a minimum D. Install new casing pursuant to 10 CSR 23-3.030(1)(A).

E. Grouting requirements.

(I) The lowermost thirty feet (30') of casing shall be (II) Grouting materials and methods shall be followed (III) The annular space above the grouted interval F. New upper aquifer wells shall follow sampling requirements pursuant to 10 CSR 23-3.090(11)(A)6.

3. New lower aquifer wells outside of the Impact Areas.

A. The casing shall be installed a minimum of ten feet (10') below the Ozark Confining Unit.

B. A casing point request may be submitted to the department prior to drilling in Drill Area 11.

C. Install new casing pursuant to 10 CSR 23-3.030(1)(A).

D. If steel casing is used, construct the borehole a E. When steel casing is used and the minimum casing depth cannot be achieved due to geologic reasons, casing shall be installed to a minimum of eighty feet (80') extending thirty feet (30') into bedrock with the lowermost thirty feet (30') of casing grouted pursuant to 10 CSR 23-3.090(11)(A)3.E. and a liner used to achieve the remaining casing depth provided the following requirements are met:

(I) Have a minimum annular space of one-half inch (½");

(II) Secure packers at or below the bottom of the Ozark Confining Unit pursuant to 10 CSR 23-3.090(11)(A)4.A.;

(III) Have the top of the liner extend to within twenty feet (20') of the top of casing;

(IV) Have packers placed a maximum of ten feet (10')

(V) Grout using methods and materials pursuant to 10 CSR 23-3.090(11)(A)4.G.(II) and (III) from the top packer to extend ten feet (10') inside the casing using the gravity or tremie grouting method using cement slurry or coated bentonite pellets; and (VI) Liner specifications shall be followed pursuant to 10 CSR 23-3.080(1), (2), (4), and (5).

F. If plastic casing is used, construct the borehole a minimum of four inches (4") larger than the casing being installed. When plastic casing is used, liner shall not be used in lieu of casing.

G. Grouting requirements.

(I) Full-length grout is required.

(II) Grouting methods shall be Tremie Pressure, Pressure, or Positive Displacement pursuant to 10 CSR 23- 3.030(1)(C)1.C., 10 CSR 23-3.030(1)(C)1.D., and 10 CSR 23-3.030(1)

(C)1.F.

(III) Grouting materials shall be cement slurry or highsolids bentonite slurry.

(IV) Wells with eighty feet (80') of casing may use grouting materials and methods pursuant to 10 CSR 23-3.030(1)

(C).

H. All construction requirements pursuant to 10 CSR 23-3.030 shall be met except as provided in 10 CSR 23-3.090(11)

(A)4.G.

4. Major reconstruction of wells in Area 11 that involve penetrating the Ozark Confining Unit require advanced written approval from the department.

5. Sampling requirements for new upper aquifer wells.

A. Water sampling and analysis shall be performed for lead and cadmium. Additionally, for new wells constructed in adjoining quarter-sections, including corner points, of TCE impact areas, water sampling and analysis shall also be performed for TCE and its degradation products. Wells will not be certified until all sampling has been completed and results received by the department.

B. Permitted pump installers and owners who self-install pumps are responsible for ensuring sampling is completed according to laboratory sampling protocol and submitting sample results within sixty (60) days of pump installation.

C. The laboratory that analyzes the sample shall be certified by the EPA or the department for such analyses.

D. Prior to sampling, run water from the tap closest to the well at full capacity for ten (10) minutes then reduce flow for sample collection.

E. All new upper aquifer wells shall be constructed with a sampling port or tap within twenty feet (20') of the wellhead.

F. If an upper aquifer well contains levels of lead, cadmium, TCE or its degradation products that are above the respective Maximum Contaminant Level (MCL) or Action Level (AL), the well may— (I) Be plugged full-length with approved grout material; or (II) Be reconstructed and sealed through the Ozark Confining Unit pursuant to 10 CSR 23-3.090(11)(A)5.

6. Well installation in Impact Areas.

A. The casing shall be installed a minimum of ten feet (10') below the Ozark Confining Unit.

B. A casing point request may be submitted to the department prior to drilling in Drill Area 11.

C. Install new casing pursuant to 10 CSR 23-3.030(1)(A). A liner shall not be used in lieu of casing.

D. Construct the borehole to be a minimum of four inches (4") larger than the casing being installed.

E. Grouting requirements.

(I) Full-length grout is required.

(II) Grouting methods shall be Tremie Pressure, Pressure, or Positive Displacement pursuant to 10 CSR 23- 3.030(1)(C)1.C., 10 CSR 23-3.030(1)(C)1.D., and 10 CSR 23-3.030(1)

(C)1.F.

(III) Grouting materials shall be cement slurry or high-solids bentonite slurry.

(B) Unconsolidated material wells.

1. If unconsolidated material wells are drilled in Area 11 outside of Impact areas, Drill Area 1 requirements for unconsolidated wells apply.

2. Advanced written approval from the department is required if unconsolidated material wells are drilled in Impact Areas.

(12) Area 12. This area encompasses portions of Franklin County within and south of the city of New Haven and is delineated separately due to the contamination of portions of the aquifer by one (1) or more of the following known contaminants: tetrachloroethylene or perchloroethylene (PCE), trichloroethylene (TCE), TCE degradation products, and may include other contaminants pursuant to 10 CSR 60-4. It is necessary to implement more stringent well construction standards for new wells that are drilled into the aquifer and to limit the deepening of existing upper aquifer wells (see Figure 3.9).

(A) New wells.

1. Prior written approval and construction specifications shall be obtained from the department for any new wells constructed in Area 12.

2. Water sampling for contaminants will be required pursuant to 10 CSR 23-3.090(12)(C).

3. Drilling shall cease and the department is to be notified immediately if PCE or TCE is encountered above the maximum contaminant level (MCL) or action level (AL). The department will determine further action.

(B) Reconstruction of existing wells.

1. Prior written approval and reconstruction specifications shall be obtained from the department for any reconstructed wells in Area 12.

2. Water sampling for contaminants will be required pursuant to 10 CSR 23-3.090(12)(C). Wells that are contaminated at levels exceeding maximum contaminant levels (MCLs) and/or action levels (ALs) shall not be deepened.

3. Drilling shall cease and the department is to be notified immediately if PCE or TCE is encountered above the maximum contaminant level (MCL) or action level (AL) during reconstruction. The department will determine further action.

(C) Water sampling.

1. Groundwater sampling for contaminants is required according to laboratory sampling protocol for any new well or reconstruction and methods will be established on a case-bycase basis by the department.

2. The well installation contractor is responsible for ensuring sampling is conducted throughout the drilling process and results submitted in accordance with pre-approved department sampling methods. Final sampling of the well shall be completed by the pump installation contractor within sixty (60) days of pump installation. Wells will not be certified or registered until all sampling has been completed.

3. Sampling and analysis shall be performed for known contaminants listed in 10 CSR 23-3.090(12) and other contaminants as determined by the department.

4. The laboratory that analyzes the sample shall be certified by the EPA or the department for analyses being requested.

5. All new and deepened wells shall be constructed with a sampling port or tap at or before the pressure tank within twenty feet (20') of the wellhead.

(D) Plugging.

1. Wells shall be plugged full length using bentonite slurry or cement grout via one (1) of the tremie methods.

2. All plugging requirements in 10 CSR 23-3.110 shall be met except as required in 10 CSR 23-3.090(12)(D).

(E) All drilling-derived fluids, displaced water, and solid materials shall be containerized and sampled before disposal in accordance with federal, state, and local regulations based on analytical results.

(F) Any completed (new or reconstructed) well in which PCE and/or TCE is encountered at levels above MCL and/or AL shall be plugged full-length pursuant to 10 CSR 23-3.090(12)(D).

(13) Area 13. This area encompasses portions of St. Charles County west of the city of Weldon Spring and is delineated separately due to contamination of portions of the aquifer by one (1) or more of the following known contaminants listed by source in Table 3.10. In this area it is necessary to implement more stringent well construction standards for new wells that are drilled into the aquifer and to limit the deepening of existing upper aquifer wells (see Figure 3.10).

Table 3.10. Known contaminants of Drill Area 13 by source.

SourceKnown Contaminants U.S. Army 2,4,6-TNT, 2,4-DNT, 2,6-DNT, dinitrobenzene (1,3-DNB), nitrobenzene (NB), orthonitrotoluene (o-NT), metanitrotoluene (m-NT), paranitrotoluene (p-NT)

Department of Energy Main Site 2,4,6-TNT, 2,4-DNT, 2,6-DNT, dinitrobenzene (1,3-DNB), nitrobenzene (NB), nitrate, uranium, and trichloroethylene (TCE)

Department of Energy Quarry uranium and 2,4-DNT May also include other contaminants pursuant to 10 CSR 60-4.

(A) New wells.

1. Prior written approval and construction specifications shall be obtained from the department for any wells constructed in Area 13.

2. Water sampling for contaminants will be required pursuant to 10 CSR 23-3.090(13)(C).

3. Drilling shall cease and the department is to be notified immediately if contaminants listed in Table 3.10 or other contaminants pursuant to 10 CSR 60-4 are encountered at levels above the maximum contaminant level (MCL), action level (AL), remedial goals stated in the Record of Decisions, and/or the risk-based value(s) calculated in the most recent site five- (5-) year review. The department will determine further action.

(B) Reconstruction of existing wells.

1. Prior written approval and construction specifications shall be obtained from the department for any reconstructed wells in Area 13.

2. Groundwater sampling for contaminants listed in Table 3.10 or other contaminants pursuant to 10 CSR 60-4 will be required in advance of any deepening. Wells that are contaminated at levels exceeding maximum contaminant level (MCL), action level (AL), remedial goals stated in the Record of Decisions, and/or the risk-based value(s) calculated in the most recent site five- (5-) year review shall not be deepened.

3. Any well approved to be deepened which encounters contaminants listed in Table 3.10 or other contaminants pursuant to 10 CSR 60-4 at levels above maximum contaminant level (MCL), action level (AL), remedial goals stated in the Record of Decisions, and/or the risk-based value(s) calculated in the most recent site five- (5-) year review, drilling shall cease and the department shall be notified immediately. The department will determine further action.

(C) Water sampling.

1. Groundwater sampling for contaminants is required according to laboratory sampling protocol for any new well or reconstruction and methods will be established on a case-bycase basis by the department.

2. The well installation contractor is responsible for ensuring sampling is conducted throughout the drilling process and results submitted in accordance with pre-approved department sampling methods. Final sampling of the well shall be completed by the pump installation contractor within sixty (60) days of pump installation. Wells will not be certified or registered until all sampling has been completed.

3. Sampling and analysis shall be performed for contaminants listed in Table 3.10.

4. The laboratory that analyzes the sample shall be certified by the EPA or the department for such analyses.

5. All new and deepened wells shall be constructed with a sampling port or tap at or before the pressure tank within twenty feet (20') of the wellhead.

(D) Plugging.

1. Wells shall be plugged full length using bentonite slurry or cement grout via one (1) of the tremie methods.

2. All plugging requirements in 10 CSR 23-3.110 shall be met except as required in 10 CSR 23-3.090(13)(D).

(E) All drilling-derived fluids, displaced water, and solid materials shall be containerized and sampled before disposal in accordance with federal, state, and local regulations based on analytical results.

(F) Any completed (new or reconstructed) well in which contaminants listed in Table 3.10 or other contaminants pursuant to 10 CSR 60-4 are encountered at levels above the maximum contaminant level (MCL), action level (AL), remedial goals stated in the Record of Decisions, and/or the risk-based value(s) calculated in the most recent site five- (5-) year review shall be plugged full-length (10 CSR 23-3.090(13)(D)) or with approval from the department the well owner may be allowed to use the well provided groundwater quality will not be degraded further.

(G) Notwithstanding these provisions, the federal government does not waive its rights and authority under federal law, regulations, or executive order within the boundaries and applicable jurisdiction of federal property.

### **Chapter 4** Monitoring Well Construction Code

##### **10 CSR 23-4.020** Certification and Registration for Monitoring Wells RESOURCES DIVISION 23—WELL INSTALLATION {#sec-10-csr-23-4.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-4.020}

##### **10 CSR 23-4.010** Definitions {#sec-10-csr-23-4.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-4.010}

Filed Nov. 18, 2010, effective July 30, 2011. Rescinded: Filed June 27, 2018, effective Feb. 28, 2019.

**History**
- *AUTHORITY: sections 256.603, 256.606, and 256.626, RSMo 2000.*

##### **10 CSR 23-4.020** Certification and Registration for Monitoring Wells {#sec-10-csr-23-4.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-4.020}

Amended: Filed Nov. 18, 2010, effective July 30, 2011. Rescinded:

**History**
- *AUTHORITY: sections 256.606, 256.614, and 256.626, RSMo 2000. 10, 1994. Amended: Filed Nov. 1, 1995, effective June 30, 1996.*

##### **10 CSR 23-4.030** Location of Wells {#sec-10-csr-23-4.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-4.030}

rule filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Original rule filed Aug. 17, 1993, effective March 10, 1994.

Amended: Filed Nov. 18, 2010, effective July 30, 2011. Rescinded:

**History**
- *AUTHORITY: sections 256.606 and 256.626, RSMo 2000. Emergency*

##### **10 CSR 23-4.040** Drilling Methods for Monitoring Wells {#sec-10-csr-23-4.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-4.040}

(Rescinded July 30, 2011)

Original rule filed Aug. 17, 1993, effective March 10, 1994. Amended:

Filed July 13, 1994, effective Jan. 29, 1995. Rescinded: Filed Nov. 18, 2010, effective July 30, 2011.

**History**
- *AUTHORITY: sections 256.606 and 256.626, RSMo Supp. 1991.*

##### **10 CSR 23-4.050** General Protection of Groundwater Quality and Resources {#sec-10-csr-23-4.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-4.050}

PURPOSE: This rule prevents the use of monitoring wells for any

purpose other than the purpose for which they were designed and allows certain modifications to the application of these rules.

(1) Monitoring wells shall not be converted to any other type of well unless advanced written approval is obtained from the department.

(2) Monitoring wells shall be constructed so that aquifer mixing does not occur and may not be screened through the soil-bedrock horizon unless advanced written approval is obtained from the department. Drilling water shall be of potable quality.

Amended: Filed Nov. 18, 2010, effective July 30, 2011. Amended: *Original authority: 256.606, RSMo 1991 and 256.626, RSMo 1985, amended 1991.

**History**
- *AUTHORITY: sections 256.606 and 256.626, RSMo 2016. 10, 1994. Amended: Filed Nov. 1, 1995, effective June 30, 1996.*

##### **10 CSR 23-4.060** Construction Standards for Monitoring Wells {#sec-10-csr-23-4.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-4.060}

PURPOSE: This rule describes the minimum construction standards for monitoring wells.

(1) Riser Pipe and Screen Material.

(A) Chemical Compatibility. If used in a monitoring well, the riser pipe and screen material selected shall resist chemical corrosion for the life of the proposed monitoring program and be new and free from contaminants that would adversely affect the quality of the groundwater.

(B) Riser Pipe and Screen Materials. The following types of riser pipe and screen materials may be used:

1. Thermoplastic materials, including polyvinyl chloride (PVC) and acrylonitrilebutadiene-styrene (ABS);

2. Metallic materials, including carbon steel, low-carbon steel, galvanized steel, and stainless steel (304 and 316);

3. Fluoropolymer materials, including polytetrafluoroethylene (PTFE), tetrafluoroethylene (TFE), fluorinated ethylene propylene (FEP), perfluoroalkoxy (PFA), polyvinylidene fluoride (PVDF), and polamides (such as Nylon); and 4. Other types of riser pipe and screen may be used upon advanced written approval from the department.

5. Industry standard mesh material or pre-manufactured slotted screen is the only approved material for screening; hand-cut solid wall pipe is not allowed.

(C) Thermoplastic and fluoropolymer riser pipe shall— 1. Be new and meet the requirements of 10 CSR 23-3.030(1)

(A);

2. Be a minimum diameter of two inches (2") except that direct-push wells may have riser pipe with a minimum nominal diameter of three-quarters of an inch (3/4");

3. Be a minimum of Schedule 40 for wells one hundred feet or less (≤100') and a minimum of Schedule 80 for wells greater than one hundred feet (>100'). Gas-migration wells using a soil gas implant and tubing are exempt from this requirement; and 4. Be joined to screen by a watertight mechanical type joint.

(D) Metallic riser pipe shall— 1. Be new and meet the requirements of 10 CSR 23-3.030(1)

(A);

2. Be a minimum diameter of two inches (2") except that direct-push wells may have riser pipe and screen with a minimum diameter of three-quarters of an inch (3/4").

3. Have an equivalent wall thickness— A. For carbon, low-carbon, and galvanized steel not less than Schedule 40;

B. For stainless steel not less than Schedule 5; and C. For joint wall thickness shall be not less than Schedule 40; and 4. Be joined by a watertight mechanical joint or welded.

(2) Casing Material.

(A) Casing Materials. The following types of casing shall be used:

1. Thermoplastic materials;

(10/31/24) John R. Ashcroft 2. Fluoropolymer materials;

3. Metallic materials, including steel casing material that meets the minimum specifications pursuant to 10 CSR 23- 3.030(1). The joining of two (2) dissimilar metals is not allowed; or 4. Other types of casing may be used upon advanced written approval from the department.

(B) Casing diameter shall be a minimum of four inches (4") larger than the outside diameter of the riser pipe being installed.

(C) Casing borehole diameter shall be a minimum of four inches (4") larger in diameter than the outside diameter of the casing.

(D) The casing, if installed, shall be grouted full-length with high solids bentonite slurry or cement slurry pursuant to 10 CSR 23-4.060(9) using the tremie method or one (1) of the pressure grouting methods pursuant to 10 CSR 23-3.030(1)(B).

Extend the annular seal for the riser from a point at least two feet (2') below the base of the casing up to the base of the surface completion.

(3) Monitoring well boreholes shall— (A) Be clean and free of obstructions;

(B) Have a diameter that is at least four inches (4") larger than the outside diameter of the riser pipe and screen;

(C) For gas-migration type wells using soil vapor implants, be a minimum of one inch (1") in diameter; and (D) For direct-push wells, be a minimum of three and onequarter inches (3.25") in diameter.

(4) For open-hole completions, the open-hole portion shall be in competent, consolidated bedrock, with the casing extending from the surface to the minimum total depth and minimum depth into bedrock pursuant to 10 CSR 23-3.090 for a domestic well at that location. The casing shall be grouted full-length using methods and materials pursuant to 10 CSR 23-4.060(2)(D).

(5) Installation of Well Screen and Riser Assembly. The well screen and riser assembly shall be centered in the borehole before the installation of the filter pack, unless a prepack filter is used. Extend the riser pipe from the well screen into the surface completion. Monitoring wells greater than fifty feet (>50') in depth shall have centralizers installed at the base of the well screen and at the top of the filter pack. A centralizer is not necessary for direct-push wells or wells constructed through hollow-stem augers.

(6) Primary Filter Pack. All monitoring wells shall have a primary filter pack installed using one (1) of the following methods. Other methods may be used upon advanced written approval by the department.

(A) Artificially Constructed Filter Pack Placement. Place the filter pack material evenly around the well screen via a tremie pipe. The tremie pipe must be placed within five feet (5') of the bottom of the well screen and the filter pack material poured into the tremie pipe while the pipe is slowly removed. Fill the borehole with filter pack material to within one to five feet (1'–5') above the well screen. If the well is drilled using the hollow stem auger method, the filter pack material may be poured through the hollow stem auger as it is removed from the borehole. Prepacked filter pack assemblies may be used in lieu of artificially constructed filter pack placement.

(B) Naturally Developed Filter Pack Placement. The existing geologic material may be allowed to collapse around the well screen provided the well can be developed.

(C) The primary filter pack on shallow monitoring wells shall extend a minimum of six inches (6") above the top of the well screen.

(D) Soil vapor implants shall have a minimum primary filter pack of six inches (6") above and below each implant.

(7) Secondary Filter Pack. All monitoring wells shall have a secondary filter pack unless non-slurry bentonite is used as a bentonite seal or annular seal. The secondary filter pack shall extend from one foot to two feet (1'–2') above the primary filter pack and consist of one foot to two feet (1'–2') of clean fine sand.

(8) Bentonite Seal. A non-slurry bentonite seal of two feet (2') or greater is required if the annular seal is composed of slurry grout material and a secondary filter pack is not used.

(A) Placement of the Bentonite Seal in the Saturated Zone.

When the bentonite seal is to be emplaced in the saturated zone, only bentonite chips or pellets may be used. To avoid flash swelling and bridging, the fine bentonite material, which may develop during transport, shall not be introduced into the well bore. Place the bentonite chips evenly around the riser pipe.

(B) Placement of the Bentonite Seal in the Unsaturated Zone.

When the top of the secondary filter pack is in the unsaturated zone, bentonite chips, pellets, or granules may be used provided the bentonite is hydrated in place with potable water.

Bentonite slurry may be used to fill the annular space from the top of the secondary filter pack, if present, to the surface seal via a tremie pipe. If the total depth of the slurry being placed exceeds five feet (5'), use a side discharge to limit disruption of the filter packs.

(9) Installation of the Annular Seal. The annular seal must extend from the secondary filter pack or bentonite seal to the base of the surface completion. The combined annular seal and bentonite seal (if a bentonite seal is utilized) must be at least two feet (2') thick unless monitoring for shallow contaminants.

Monitoring wells constructed for shallow monitoring must have a minimum combined annular seal and bentonite seal (if a bentonite seal is used) of at least one foot (1'). The following grout types are permitted in monitoring wells:

(A) Bentonite Slurry-Grout. High solids sodium bentonite slurry, at least twenty to thirty percent (20%–30%) by weight solids, must be tremie grouted from the bottom to the top of the annular space in one (1) continual operation;

(B) Non-slurry Bentonite. Chipped or pelletized varieties that are designed to fall through standing water may be used when sealing the annulus of a well that is below the saturated zone.

Granulated and powdered bentonite must never be poured through standing water because they will flash swell and bridge off before getting to the bottom of the annular space.

Bentonite chips or pellets may be used to seal portions of the annular space that are in the unsaturated zone. Granulated and powdered varieties are not permitted to be used in the unsaturated zone unless they are used to create a slurry, due to their flash swelling properties which would prevent hydration of the complete column of bentonite. When using bentonite chips or pellets in the unsaturated zone, it must be hydrated after each three-foot (3') interval has been emplaced. To properly hydrate the bentonite, a minimum of three (3) times as much water as bentonite must be used. Water used must be of potable quality;

(C) Cement Slurry.

1. Cement slurry may only be used if additives are incorporated to minimize shrinkage.

RESOURCES DIVISION 23—WELL INSTALLATION

A. The powdered bentonite additive must be thoroughly mixed with the water before it is added to the cement.

Powdered bentonite from two percent to six percent (2%–6%) by weight must be added.

B. Other shrinkage reducing additives may be used provided advanced written approval is obtained from the department;

2. The water used to mix cement slurry must be of potable quality; and 3. Cement slurry must be emplaced in the annulus via a tremie pipe placed to the bottom of the annular space. The tremie pipe must have a side discharge which directs the grout away from the bentonite seal, reducing the potential for infiltration. The grouting of the annular space must be completed in one (1) continual operation, lifting the tremie pipe as the space fills. A staged grouting procedure may be used provided advanced written approval is obtained from the department; or (D) Other types of grout may be used provided advanced written approval is obtained from the department.

(10) Surface completion on all monitoring wells is required.

(A) Above-Ground Completions. Above-ground completions must meet the following standards:

1. The protective casing must extend from at least one and one-half feet (1 1/2') above the finished grade of the ground surface to a point at least two feet (2') below the finished grade, except as stated in 10 CSR 23-4.060(10)(B) of this rule for flush-mount completions. The above-ground completion must be placed in a hole that is at least eight inches (8") in diameter larger than the above-ground completion size. Protective posts are required for above-ground completed monitoring wells in traffic areas. The protective casing must be centered in this hole and concrete poured around the casing to secure it. Cement or bentonite slurry is not allowed. All water must be removed from the enlarged hole before concrete is added. The surface of the concrete must slope away from the protective casing so that pooling of surface water does not occur;

2. A weep hole or alternate method must be employed to ensure water does not accumulate inside the protective casing to the point that the top of the riser is submerged; and 3. A locking well cap and a suitable lock must be attached to the top of the above-ground completion. The riser pipe must be sealed with a watertight cap and must extend at least two feet (2') above the finished surface grade in flood prone areas.

(B) Flush-Mount Well Completions. The flush-mount assembly must be at least eight inches (8") in length and have a tamper-resistant watertight lid. The riser pipe must be sealed with a watertight cap. The flush-mount surface completion must be set into a hole that is at least eight inches (8") in diameter larger than the diameter of the flush-mount assembly and set in concrete. If the monitoring well is being placed through asphalt or concrete, a hole that is at least four inches (4") in diameter larger than the diameter of the flush-mount assembly must be constructed. The flush mount must then be set in concrete. Cement or bentonite slurry is not allowed.

(C) All monitoring wells must be uniquely identified at the surface completion.

(11) Alternate monitoring well construction procedures, methods, or technologies such as nested well construction or multidepth groundwater monitoring systems may be used provided advanced written approval is obtained from the department.

(12) The installation and use of sampling, development, maintenance, or testing devices and equipment in monitoring wells is not regulated except that the installation of a pumping system in wells used for remediation or clean-up must be performed by a non-restricted pump installation contractor.

(13) Gas-migration wells constructed using soil vapor implants shall meet minimum primary filter pack requirements pursuant to 10 CSR 23-4.060(6), have a minimum bentonite seal of one foot (1') placed between each primary filter pack, and have a minimum of one and one-half feet (1.5') of bentonite seal placed between the uppermost primary filter pack and the base of the surface completion.

**History**
- *AUTHORITY: sections 256.606 and 256.626, RSMo 2016. Filed Nov. 18, 2010, effective July 30, 2011. Amended: Filed June 27, 2018, effective Feb. 28, 2019. Amended: Filed March 20, 2024, effective Nov. 30, 2024. Original authority: 256.606, RSMo 1991, and 256.626, RSMo 1985, amended 1991.*

##### **10 CSR 23-4.070** Monitoring Well Development {#sec-10-csr-23-4.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-4.070}

(Rescinded July 30, 2011)

Original rule filed Aug. 17, 1993, effective March 10, 1994. Amended:

Filed July 13, 1994, effective Jan. 29, 1995. Amended: Filed Nov. 1, 1995, effective June 30, 1996. Rescinded: Filed Nov. 18, 2010, effective July 30, 2011.

**History**
- *AUTHORITY: sections 256.606, 256.626, and 256.637, RSMo 1994.*

##### **10 CSR 23-4.080** Plugging of Monitoring Wells {#sec-10-csr-23-4.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-4.080}

PURPOSE: This rule sets standards for the plugging of monitoring wells.

(1) When plugging a monitoring well, the following minimum requirements shall be met:

(A) Remove all pumps, sampling equipment, debris, or other substances;

(B) Remove the surface completion from the borehole ensuring that the grout seal is not disturbed. Cut off riser pipe and/ or casing two feet (2') below ground surface;

(C) Fill the well from bottom to within one foot (1') of ground surface with grout pursuant to 10 CSR 23-4.060(9);

(D) After the grout is fully cured, check for settlement and top off if necessary. Fill remaining hole with soil or pave.

(E) Flush mount completions in paved areas may be left in place and filled with asphalt or concrete;

(F) A monitoring well may be completely excavated as opposed to being plugged with grout. If the well is over drilled, the borehole shall be completely filled with grout pursuant to 10 CSR 23-4.060(9); and (G) A non-restricted monitoring well installation contractor must be on site at all times during the excavation and plugging operations.

(2) Temporary monitoring wells ten feet (10') or greater in depth must be plugged by removing any temporary pipe and filling the well from total depth to two feet (2') from the ground surface with approved grout, with the remainder of the well (10/31/24) John R. Ashcroft filled with compacted uncontaminated native material or grout. Temporary monitoring wells shall be plugged within thirty (30) days of the date of completion.

**History**
- *AUTHORITY: sections 256.606, 256.615, and 256.623, RSMo 2016. Filed Nov. 18, 2010, effective July 30, 2011. Amended: Filed June 27, 2018, effective Feb. 28, 2019. Original authority: 256.606, RSMo 1991; 256.615, RSMo 1991; and 256.623, RSMo 1985, amended 1991.*

### **Chapter 5** Heat Pump Construction Code

##### **10 CSR 23-5.020** Certification and Registration of Heat Pump Systems {#sec-10-csr-23-5.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-5.020}

##### **10 CSR 23-5.070** Closed-Loop Heat Pump Systems That Use Refrigerants as the RESOURCES DIVISION 23—WELL INSTALLATION {#sec-10-csr-23-5.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-5.070}

##### **10 CSR 23-5.010** Definitions {#sec-10-csr-23-5.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-5.010}

(Rescinded February 28, 2019)

**History**
- *AUTHORITY: sections 256.603, 256.606, and 256.626, RSMo 2000.*

##### **10 CSR 23-5.020** Certification and Registration of Heat Pump Systems {#sec-10-csr-23-5.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-5.020}

(Rescinded February 28, 2019)

**History**
- *AUTHORITY: sections 256.606, 256.623, and 256.626, RSMo 2000.*

##### **10 CSR 23-5.030** General Protection of Groundwater Quality and Resources {#sec-10-csr-23-5.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-5.030}

PURPOSE: This rule prevents the use of heat pump wells for any other purpose.

(1) Heat pump wells shall not be converted to any other type of well unless advanced written approval is obtained from the department.

(2) On open-loop systems that utilize groundwater wells, it is the responsibility of the water well installation contractor to ensure that the integrity of the annular seal remains viable for three (3) years after the date of certification unless it can be shown that the well seal has been damaged by other persons. 10, 1994. Amended: Filed May 17, 2013, effective Dec. 30, 2013.

Amended: Filed June 27, 2018, effective Feb. 28, 2019.

##### **10 CSR 23-5.040** Location of Heat Pump Wells {#sec-10-csr-23-5.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-5.040}

PURPOSE: This rule sets standards for the placement of heat pump wells.

(1) A vertical heat pump well shall be located on a site which has good surface drainage and prevents the accumulation of water within ten feet (10') of the well and any buried pipes.

(2) Distances from pollution or contamination sources. A vertical heat pump well shall be at least— (A) Three hundred feet (300') from a storage area for commercial fertilizers or chemicals, landfill, lagoon, or above-ground or underground storage tank for petroleum, petroleum products or chemicals.

(B) One hundred feet (100') from a below-grade manure storage area, cesspool, lagoon, unplugged abandoned well, subsurface disposal field (lateral field), grave, building or yard used for livestock or poultry, privy, or other contaminants that may drain into the ground.

(C) Fifty feet (50') from an existing operating well, septic tank, buried sanitary sewer, rim of a sinkhole, a pit or unfilled space below ground surface, a sump, except that a closed-loop heat pump well may be drilled closer than fifty feet (50') to a basement or another heat pump well.

(3) Any heat pump well that encounters oil and/or gas must have a grout plug from fifty feet (50') below the oil and/or gas bearing zone to fifty feet (50') above the oil and/or gas bearing zone. The grout plug must be composed of neat cement grout with a two percent–six percent (2%–6%) bentonite additive and be placed via tremie. The well must be grouted pursuant to 10 CSR 23-5.050(7)(A), from the bottom of the neat cement grout plug to total depth and from the top of the neat cement grout plug to the surface. If the well terminates in the oil and/ or gas bearing zone, a grout plug composed of neat cement with a two percent–six percent (2%–6%) bentonite additive and placed via tremie must be placed from total depth to fifty feet (50') above the oil and/or gas bearing zone. The well must be grouted pursuant to 10 CSR 23-5.050(7)(A), from the top of the neat cement grout plug to the surface.

Amended: Filed May 17, 2013, effective Dec. 30, 2013. Amended:

##### **10 CSR 23-5.050** Construction Standards for Closed-Loop Heat Pump Wells {#sec-10-csr-23-5.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-5.050}

PURPOSE: This rule describes the minimum standards for a properly constructed closed-loop heat pump well.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Casing, when used, shall follow the minimum standards pursuant to 10 CSR 23-3.030(1)(A) and be grouted full-length.

(2) Heat Pump Loop Material. In a closed-loop heat pump well, the material used to make up the heat-exchange loop that is placed in the borehole or trench must be composed of high density polyethylene or polybutylene pipe and installed and grouted without delay upon completion of drilling each well.

(A) High Density Polyethylene Pipe. This pipe must be manufactured in accordance with dimensional specifications (10/31/24) John R. Ashcroft of— 1. ASTM D-2513 Standard Specification for Polyethylene (PE) Gas Pressure Pipe, Tubing, and Fittings. This standard is incorporated by reference as published December 15, 2020, by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959 and does not incorporate any subsequent amendments or additions; or 2. A minimum cell classification of PE345434C or PE355434C when tested pursuant to ASTM D-3350 Standard Specification for Polyethylene Plastics Pipe and Fittings Materials. This standard is incorporated by reference as published July 21, 2021, by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959 and does not incorporate any subsequent amendments or additions.

(B) Polybutylene Pipe. This pipe must be manufactured in accordance with ASTM D-2581 Standard Specification for Polybutylene (PB) Plastics Molding and Extrusion Materials. This standard is incorporated by reference as published August 16, 2017, by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959 and does not incorporate any subsequent amendments or additions. The pipe material must be— 1. Either Class B (general purpose and dielectric, in colors) or Class C (weather resistant, black in color containing not less than two percent (2%) carbon black);

2. Type II (density, ninety-one thousandths to ninety-two thousandths (0.091–0.092) grams per centimeter (g/cm)); and 3. Grade 1 (flow rate twenty-five thousandths to seventy-five thousandths (0.025–0.075) gallons per ten (10) minutes (g/10 min)).

(C) Other pipe may be used upon advanced written approval by the department.

(3) Connecting Closed-Loop Pipe. Polyethylene and polybutylene pipe must be thermally fused according to the pipe manufacturer’s specifications and must not leak after assembly.

(A) Other connection methods may be used upon advanced written approval by the department.

(4) Heat Transfer Fluid. The fluid used inside the closed-loop assembly must meet the following standards:

(A) Heat transfer fluids must be composed of— 1. Inhibited glycol;

2. Methanol;

3. Water;

4. Ethanol; or 5. Other fluids may be used upon advanced written approval by the department.

(B) The fluid as it is used in a diluted state in the closed-loop must have the following properties:

1. Be ninety percent (90%) biodegradable;

2. Demonstrate low corrosion to all materials common to ground source heat pump systems;

3. Be homogeneous, uniform in color, free from lumps, skins, and foreign material that would be detrimental to fluid usage;

4. Not have a flash point lower than ninety degrees Celsius (90°C);

5. Not have a five- (5-) day biological oxygen demand (BOD) at ten degrees Celsius (10°C) that exceeds two-tenths (0.2) gram oxygen per gram nor be less than one-tenth (0.1) gram oxygen per gram;

6. Have a toxicity that is less than the lethal dose (LD) of fifty (50) oral-rats of five (5) grams per kilogram; and 7. Show neither separation, or increase in turbidity, from exposure to heat or cold; and (C) While this rule attempts to define antifreeze fluids that will protect the environment, it is the responsibility of the permittee to take necessary precautions to ensure groundwater protection.

(5) Borehole Size. The hole size for heat pump wells that are grouted full-length with high solids bentonite slurry (see 10 CSR 23-5.050(9)(A)) must be of sufficient size to allow placement of the pipe and placement of a tremie to emplace the high solids bentonite slurry grout. The slurry must be pumped via tremie to fill the hole and surround all pipes. There must be at least one-half inch (1/2") between the hole and all pipes.

If full-length high solids bentonite slurry is not used, then the following hole sizes are required:

(A) At least a six-inch (6") borehole when the loop pipe is one and one-quarter inch (1 1/4") or greater in diameter;

(B) At least a five-inch (5") borehole when the loop pipe is less than one and one-quarter inch (1 1/4") in diameter.

(6) Borehole Depth. Closed-loop heat pump wells must not be deeper than five hundred feet (500').

(7) Grouting Depth of Vertical Heat Pump Wells. Grouting the annulus of a heat pump well must be completed immediately after the well is drilled due to cave-in potential in the uncased hole.

(A) Vertical heat pump wells require the annular space between the loop material and the borehole or casing to be grouted full-length using materials pursuant to 10 CSR 23- 5.050(8), except as allowed in subsection (7)(B) of this rule.

(B) Vertical heat pump wells drilled two hundred feet (200') or less may not be grouted full-length only if they— 1. Follow borehole size requirements of 10 CSR 23-5.030(5);

2. Use grout plugs consisting of bentonite chips or pellets;

3. Place a five-foot (5') grout plug every forty feet (40'), beginning forty feet (40') above the bottom of the borehole;

4. Place the uppermost grout plug within ten feet (10') of the surface;

5. Hydrate all bentonite plugs immediately after emplacement, if they are in the unsaturated zone; and 6. Use clean fill for any material placed between the bentonite plugs.

(8) Approved Grout Materials. The following grout types are permitted for use in heat pump wells:

(A) Bentonite Slurry. High solids sodium bentonite slurry must be at least twenty percent to thirty percent (20%–30%) by weight solids to be used as grout. Thickened drilling mud or thinner bentonite slurry is strictly prohibited. When bentonite slurry is used, it must be applied in one (1) continual motion, through a tremie lowered to the grouting point;

(B) Bentonite chips or pellets;

(C) Thermal Grout Slurry. Grout containing at least seven and one-half percent (7.5%) by weight bentonite solids and no more than sixty-five percent (65%) by weight silica solids may be used as grout. Specialized pumps are required to pump thermal grout slurry through a tremie lowered to within twenty feet (20') of the base of the borehole; and (D) Other Grout. Other types of grout may be used if advanced written approval is obtained by the department.

(9) Wells that Encounter Karst Conditions. When a borehole encounters caves or larger fractures, chlorinated clean fill may be used to fill these intervals. Small fractures are effectively sealed RESOURCES DIVISION 23—WELL INSTALLATION by using chipped, hydrated bentonite. If the borehole cannot be grouted as specified, it must be plugged.

(10) Jetted Heat Pump Wells. Closed-loop heat pump wells that are jetted in Drilling Area 5 (see Figure 5) must have a minimum top grout plug of ten feet (10').

(11) Heat Pump Wells in Drilling Areas pursuant to 10 CSR 23- 3.090(9) and Drilling Area 11 pursuant to 10 CSR 23-3.090(11) that penetrate the Ozark Confining Unit shall— (A) Be grouted from ten feet (10') below the Ozark Confining Unit through the top of the Ozark Confining Unit; or (B) If the Ozark Confining Unit is not fully penetrated, be grouted from the bottom of the borehole through the top of the Ozark Confining Unit.

(12) Heat Pump Wells in Drilling Area 12 pursuant to 10 CSR 23- 3.090(12) and Drilling Area 13 pursuant to 10 CSR 23-3.090(13) may be constructed provided advanced written approval is obtained from the department.

(13) Conductive tracer wire that responds to aboveground electromagnetic locating equipment shall be laid in all horizontal trenches containing supply and return lines. Tracer wire shall— (A) Be laid in a continuous loop;

(B) Be buried a minimum of twenty-four (24) inches deep; and (C) Have the ends of the wire accessible at the surface in a test port or terminated above final grade at the building foundation with a permanent sign indicating the nature of the wires. 10, 1994. Amended: Filed July 13, 1994, effective Jan. 29, 1995.

Amended: Filed Nov. 1, 1995, effective June 30, 1996. Amended:

Filed Dec. 16, 2002, effective June 30, 2003. Emergency amendment filed March 21, 2005, effective April 1, 2005, expired Sept. 27, 2005.

Amended: Filed Sept. 27, 2005, effective April 30, 2006. Amended:

Filed Jan. 4, 2007, effective Aug. 30, 2007. Amended: Filed May 17, 2013, effective Dec. 30, 2013. Amended: Filed June 27, 2018, effective Feb. 28, 2019. Amended: Filed March 20, 2024, effective Nov. 30, 2024. *Original authority: 256.606, RSMo 1991, and 256.626, RSMo 1985, amended 1991.

##### **10 CSR 23-5.060** Construction Standards for Open-Loop Heat Pump Systems {#sec-10-csr-23-5.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-5.060}

PURPOSE: This rule sets standards for open-loop heat pump systems that use wells to produce or return groundwater.

(1) Open-loop groundwater supply wells shall be constructed to domestic/multifamily well standards pursuant to 10 CSR 23- 3.030(1) if it produces less than seventy (70) gallons per minute and to high yield well standards pursuant to 10 CSR 23-3.030(3) if it produces more than seventy (70) gallons of water per minute. Any well that was constructed before October 1987 that is utilized as the water supply or return for an open-loop heat pump system is exempt from these rules, except that the surface disposal of the water may be subject to other regulations.

(2) Heat pump systems and surface disposal of used water may require a permit pursuant to 10 CSR 20-6.

(3) Open loop water return wells shall be constructed to domestic/multifamily well standards pursuant to 10 CSR 23-3.030(1) if it produces less than seventy (70) gallons per minute and to high yield well standards pursuant to 10 CSR 23-3.030(3) if it produces more than seventy (70) gallons of water per minute.

The depth of the return well shall be a similar depth as the supply well and the water must be returned to the same aquifer.

The water return pipe must extend at least twenty feet (20') below the static water level.

Amended: Filed May 17, 2013, effective Dec. 30, 2013. Amended:

##### **10 CSR 23-5.070** Closed-Loop Heat Pump Systems That Use Refrigerants as the Heat Transfer Fluid {#sec-10-csr-23-5.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-5.070}

(Rescinded December 30, 2018)

rule filed Nov. 16, 1993, effective Dec. 11, 1993, expired April 9, 1994. Original rule filed Aug. 17, 1993, effective March 10, 1994.

Filed April 25, 2018, effective Dec. 30, 2018.

**History**
- *AUTHORITY: sections 256.606 and 256.626, RSMo 2000. Emergency*

##### **10 CSR 23-5.080** Plugging of Heat Pump Wells {#sec-10-csr-23-5.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-5.080}

PURPOSE: This rule sets standards on the proper plugging of wells used in heat pump applications.

(1) Vertical Closed-Loop Heat Pump Wells. To plug a properly constructed vertical closed-loop heat pump well the following specifications must be met:

(A) Remove all heat transfer fluid from the closed-loop and take necessary precautions to ensure groundwater protection; and (B) Dig down to the top of borehole and cut off the loop pipe at least three feet (3') below the surface. Pump the remaining loop full of bentonite or cement slurry. Allow the grout to fill the upper one foot (1') of borehole. Fill remaining hole with compacted earth or pavement.

(2) Open-Loop Heat Pump Wells. Wells used to supply water for heat pump and water return wells must be plugged pursuant to 10 CSR 23-3.110.

Amended: Filed June 27, 2018, effective Feb. 28, 2019. *Original authority: 256.606, RSMo 1991; 256.623, RSMo 1985, amended 1991; and 256.626, RSMo 1985, amended 1991.

**History**
- *AUTHORITY: sections 256.606, 256.623, and 256.626, RSMo 2016. 10, 1994. Amended: Filed May 17, 2013, effective Dec. 30, 2013.*

### **Chapter 6** Test Hole Construction Code

##### **10 CSR 23-6.010** Definitions {#sec-10-csr-23-6.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-6.010}

(Rescinded February 28, 2019)

RSMo Supp. 1991. Original rule filed Aug. 17, 1993, effective March 10, 1994. Rescinded: Filed June 27, 2018, effective Feb. 28, 2019.

##### **10 CSR 23-6.020** General Protection of Groundwater Quality and Resources {#sec-10-csr-23-6.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-6.020}

PURPOSE: This rule protects the overall groundwater quality and resources in Missouri.

(1) All test holes shall be constructed in a manner that will conserve and protect the groundwater resources and not be a source or channel of contamination or pollution to any aquifer.

(2) Test holes may be converted into other types of wells provided advanced written approval is obtained from the department and the well is constructed to the minimum standards provided in 10 CSR 23.

**History**
- *AUTHORITY: sections 256.606, 256.615, and 256.626, RSMo 2016. Original rule filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed Nov. 1, 1995, effective June 30, 1996. Amended: Filed June 27, 2018, effective Feb. 28, 2019. Original authority: 256.606, RSMo 1991; 256.615, RSMo 1991; and 256.626, RSMo 1985, amended 1991.*

##### **10 CSR 23-6.030** Location of Test Holes {#sec-10-csr-23-6.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-6.030}

PURPOSE: This rule sets criteria for the location of test holes.

(1) Setback distances shall be followed pursuant to 10 CSR 23-3.010(1) Table 3.1.

RSMo 2016.* Original rule filed Aug. 17, 1993, effective March 10, 1994. Amended:

Filed June 27, 2018, effective Feb. 28, 2019. *Original authority: 256.606, RSMo 1991 and 256.626, RSMo 1985, amended 1991.

##### **10 CSR 23-6.040** Construction Standards for Test Holes {#sec-10-csr-23-6.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-6.040}

PURPOSE: This rule describes the minimum standards for a properly constructed test hole.

(1) Casing when used shall follow the minimum standards pursuant to 10 CSR 23- 3.030(1)(A).

(2) Casing Depth. If permanent surface casing is set, it must be set at least thirty feet (30') into bedrock.

(3) Temporary Cap. All holes must be capped during the period they remain unplugged pursuant to 10 CSR 23-3.030(1)(E).

(4) Grout when used to seal casing annulus shall follow materials and methods pursuant to 10 CSR 23-3.030(1)(C).

RSMo 2016.* Original rule filed Aug. 17, 1993, effective March 10, 1994. Amended:

Filed Nov. 1, 1995, effective June 30, 1996.

Amended: Filed June 27, 2018, effective Feb. 28, 2019. *Original authority: 256.606, RSMo 1991 and 256.626, RSMo 1985, amended 1991.

##### **10 CSR 23-6.050** Plugging of Test Holes {#sec-10-csr-23-6.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-6.050}

PURPOSE: This rule establishes criteria for the proper procedures to be followed when plugging a test hole.

(1) All test holes, except those that are converted to other types of wells shall be plugged in accordance with this chapter within sixty days from the date that the well was drilled.

Submit plugging registration records pursuant to section 256.614.1, RSMo. Test holes are exempt from submitting construction certification records.

(A) Plugging the Test Hole.

1. Test holes with no surface casing.

A. Fill the test hole from total depth to within two feet (2') of ground surface with B. If the Davis Formation is penetrat- C. A mechanical packer may be D. Fill the top two feet (2') of hole 2. Test holes with removable surface casing pipe.

A. Remove the surface casing and any interior casing if used.

B. Fill the test hole from total depth to within two feet (2') of ground surface with C. If the borehole has collapse potential, add grout as casing iswithdrawn.

D. If the Davis Formation is penetrat- E. A mechanical packer may be F. Fill the top two feet (2') of hole 3. Test holes with grouted nonremovable surface casing.

A. Cut the casing off two feet (2') below ground surface or three feet in an agricultural area. If bedrock is encountered, cut the casing flush with the top of bedrock.

B. Fill the test hole from total depth to within two feet (2') of ground surface with C. If the Davis Formation is penetrat- D. A mechanical packer may be E. Fill the top two feet (2') of hole (2) Test holes drilled to expand quarrying and surface mining operations.

(A) Test holes completely destroyed within one (1) year of the advance of the mine or quarry shall have a ten foot (10') surface grout plug and are exempt from plugging registration requirements.

(B) Test holes that are not destroyed within one (1) year of the advance of the mine or quarry are subject to plugging requirements pursuant to 10 CSR 23-6.050(1).

(C) Test holes that penetrate the quarry or mine floor which are not completely destroyed by the quarry or mine operation shall be plugged with grout from total depth to the bottom of the quarry or mine and are subject to plugging registration requirements.

(3) Clay mining operations. Test holes that do not penetrate beneath an impermeable fire JOHNR. ASHCROFT(1/29/19) clay deposit shall have a ten foot (10') surface grout plug and are exempt from plugging registration requirements.

(4) Unconsolidated material test holes less than one hundred feet (<100') deep.

(A) Test holes less than twenty feet (<20') in depth may be plugged using clean fill or uncontaminated native material and are exempt from plugging registration requirements.

(B) One (1) registration report and fee is required per site for test holes that are twenty feet (20') in depth or greater. All test holes plugged may be reported on one (1) form.

(C) Test holes where no ground water is encountered, may be plugged using clean fill or uncontaminated native material.

(D) Test holes may not be used for monitoring.

Filed June 27, 2018, effective Feb. 28, 2019. *Original authority: 256.606, RSMo 1991; 256.614, RSMo 1985, amended 1991; 256.615, RSMo 1991; and 256.626, RSMo 1985, amended 1991.

**History**
- *AUTHORITY: sections 256.606, 256.614, 256.615, and 256.626, RSMo 2016. Original rule filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed July 13, 1994, effective Jan. 29, 1995. Amended: Filed Nov. 1, 1995, effective June 30, 1996. Amended:*

##### **10 CSR 23-6.060** Confidentiality of Registration Report Form {#sec-10-csr-23-6.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 23-6.060}

(Rescinded February 28, 2019)

Original rule filed Aug. 17, 1993, effective March 10, 1994. Rescinded: Filed June 27, 2018, effective Feb. 28, 2019.

4CODE OF STATE REGULATIONS

(1/29/19) JOHNR. ASHCROFT

**History**
- *AUTHORITY: sections 256.606, 256.614, 256.615 and 256.626, RSMo Supp. 1991.*

## **Division 24** Hazardous Substance Emergency Response Office

### **Chapter 1** Organization

##### **10 CSR 24-1.010** Authority and Notification Procedures {#sec-10-csr-24-1.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 24-1.010}

PURPOSE: This rule provides the source of

(1) The Department of Natural Resources is authorized under sections 260.500-260.550, RSMo to administer the state’s Hazardous Substance Emergency Response Office. The director of the Department of Natural Resources appoints a director and staff who provide day-to-day operation of the Hazardous Substance Emergency Response Office. Among its operations, the Hazardous Substance Emergency Response Office performs the following administrative and technical functions: develop and adopt rules relating to hazardous substance emergencies; develop and update the state Hazardous Substance Emergency Response plan in cooperation with other state agencies and other affected persons; respond to, investigate, document, and take action regarding hazardous substance emergencies in accordance with sections 260.500-260.550, RSMo; provide technical assistance to other state agencies, to political subdivisions of the state, and to other persons upon request for the prevention, control, and response to hazardous substance emergencies; enter into agreements with state, local, and federal agencies, and with other persons as necessary to develop and implement the Hazardous Substance Emergency Response Plan and to implement sections 260.500-260.550, RSMo; monitor the statewide telephone used to notify Missouri whenever a hazardous substance emergency occurs; notify appropriate agencies of hazardous substance emergencies; and cooperate with appropriate units of government and other persons to prevent the occurrence and improve response to hazardous substance emergencies.

(2) Information.

(A) The mailing address for the Hazardous Substance Emergency Response Office is:

Missouri Department of Natural Resources, PO Box 176, Jefferson City, MO 65102.

(B) Nonemergency information can be obtained by contacting the department at the post office box listed previously or by calling (573) 526-3348.

(C) The number to contact the department for emergency release notifications under

section 260.505, RSMo is (573) 634-2436.

This is for emergencies only.

Filed June 14, 1994, effective Jan. 29, 1995.

Amended: Filed July 22, 1996, effective Feb. 28, 1997. Amended: Filed March 29, 2018, effective Dec. 30, 2018. *Original authority: 260.520, RSMo 1983, amended 1993, 1995.

JOHNR. ASHCROFT(11/30/18)

**History**
- *authority and contact information for the Hazardous Substance Emergency Response Office.*
- *AUTHORITY: section 260.520, RSMo 2016. Original rule filed Nov. 30, 1983, effective April 12, 1984. Emergency amendment filed Dec. 2, 1992, effective Jan. 1, 1993, expired April 20, 1993. Amended: Filed Oct. 5, 1992, effective April 8, 1993. Amended:*

### **Chapter 2** Definitions

##### **10 CSR 24-2.010** Definitions {#sec-10-csr-24-2.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 24-2.010}

(Rescinded August 30, 2018)

1993. Original rule filed Nov. 30, 1983, effective April 12, 1984. Emergency amendment filed Dec. 2, 1992, effective Jan. 1, 1993, expired April 30, 1993. Amended:

Filed Oct. 5, 1992, effective April 8, 1993.

Amended: Filed June 14, 1994, effective Jan. 29, 1995. Rescinded: Filed Dec. 29, 2017, effective Aug. 30, 2018.

**History**
- *AUTHORITY: section 260.520, RSMo Supp.*

### **Chapter 3** Emergency Notification Procedures

##### **10 CSR 24-3.010** Notification Procedures for Hazardous Substance Emergencies and for Emergency Notification of Releases of Hazardous Substances and Extremely Hazardous Substances JOHNR. ASHCROFT(7/31/18) {#sec-10-csr-24-3.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 24-3.010}

NATURAL RESOURCES

Emergency Response Office Procedures

##### **10 CSR 24-3.010** Notification Procedures for Hazardous Substance Emergencies and for Emergency Notification of Releases of Hazardous Substances and Extremely Hazardous Substances {#sec-10-csr-24-3.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 24-3.010}

(Rescinded August 30, 2018)

Filed Oct. 5, 1992, effective April 8, 1993.

Amended: Filed June 14, 1994, effective Jan. 29, 1995. Amended: Filed July 22, 1996, effective Feb. 28, 1997. Rescinded: Filed Dec. 29, 2017, effective Aug. 30, 2018.

**History**
- *AUTHORITY: section 260.520, RSMo (Supp. 1995). Original rule filed Nov. 30, 1983, effective April 12, 1984. Emergency amendment filed Dec. 2, 1992, effective Jan. 1, 1993, expired April 30, 1993. Amended:*

### **Chapter 4** Reporting Procedures

##### **10 CSR 24-4.010** Reporting Procedures Under the State and Federal Emergency Planning and Community Right-to-Know Acts (EPCRA) {#sec-10-csr-24-4.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 24-4.010}

(Rescinded January 29, 1995)

1998. Emergency rule filed Dec. 2, 1992, effective Jan. 1, 1993, expired April 30, 1993. Original rule filed Oct. 5, 1992, effective April 8, 1993. Rescinded: Filed June 14, 1994, effective Jan. 29, 1995.

MATTBLUNT(11/30/01)

**History**
- *AUTHORITY: section 292.613, RSMo Supp.*

### **Chapter 5** Hazardous Chemical Fees

##### **10 CSR 24-5.010** Hazardous Chemical Fees {#sec-10-csr-24-5.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 24-5.010}

(Rescinded January 29, 1995)

1988. Emergency rule filed Dec. 2, 1992, effective Jan. 1, 1993, expired April 30, 1993. Original rule filed Oct. 5, 1992, effective April 8, 1993. Rescinded: Filed June 14, 1994.

MATTBLUNT(11/30/01)

**History**
- *AUTHORITY: section 292.613, RSMo Supp.*

## **Division 25** Hazardous Waste Management Commission

### **Chapter 1** Organization

##### **10 CSR 25-1.010** Organization {#sec-10-csr-25-1.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-1.010}

(Rescinded August 30, 2018)

Amended: Filed Dec. 16, 1985, effective Oct. 1, 1986. Amended: Filed Dec. 1, 1987, effective Aug. 12, 1988. Amended: Filed Feb. 16, 1990, effective Dec. 31, 1990. Amended:

Filed Jan. 5, 1993, effective Aug. 9, 1993.

Amended: Filed Jan. 5, 1994, effective Aug. 28, 1994. Amended: Filed June 1, 1998, effective Jan. 30, 1999. Amended: Filed Feb. 1, 2001, effective Oct. 30, 2001. Rescinded:

Filed Jan. 3, 2018, effective Aug. 30, 2018.

JOHNR. ASHCROFT(7/31/18)

**History**
- *AUTHORITY: sections 260.365 and 260.370 and 260.400, RSMo 2000. Original rule filed Sept. 7, 1978, effective Feb. 16, 1979.*

### **Chapter 2** Commission Procedures

##### **10 CSR 25-2.010** Voting Procedures {#sec-10-csr-25-2.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-2.010}

PURPOSE: The purpose of this rule is to define the procedures to be followed by commission members when considering hazardous waste management variances, appeals, or orders and related issues.

(1) Prior to any vote on any variance, appeal or order, all members of the Hazardous Waste Management Commission of Missouri shall disclose when they— (A) Hold any official or contractual relationship with the person seeking a variance or appeal or the person subject to an order at issue under the Missouri Hazardous Waste Management Law, sections 260.350– 260.550, RSMo;

(B) Utilize the services of any generator, transporter, or the owner/operator of a treatment, storage, resource recovery, or disposal facility seeking a variance or appeal or who is subject to an order at issue under the Missouri Hazardous Waste Management Law;

(C) Under license or permit render, directly or through official relationship, service similar to the person seeking a variance or appeal or the person who is subject to an order at issue under the Missouri Hazardous Waste Management Law; or (D) May have a conflict of interest regulated under sections 105.450–105.482 or section 260.365, RSMo.

(2) The member is excluded from voting on the matter at issue unless s/he fully advises the commission of the interest and receives a determination from the commission that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the state expects from him/her. “Fully advises” means, explains in detail in a signed, written statement available for public inspection. “Official relationship” includes, but is not limited to, corporate officer, employee, retiree, or similar affiliation.

(3) Voting procedures governing hearings and other administrative actions are in section 260.365 and 260.400, Chapter 536 and sections 610.010–610.028, RSMo, and the Missouri Supreme Court Rules of Civil Procedure.

(4) If one (1) or more exclusions from voting or other abstentions by vote or by absence results in the lack of a quorum of commissioners, the commission will delay its final decision until a simple majority of commissioners who are not excluded from voting are present.

(5) If a quorum of commissioners is not present at the time of a public hearing published for rulemaking and it is necessary to delay the public hearing due to the lack of a quorum, the department shall issue a news release announcing the new time, date, and location of the public hearing and include in that news release the new submittal date for written public comments.

Filed June 12, 2018, effective March 30, 2019. *Original authority: 260.365, RSMo 1977, amended 1980, 2013; 260.370, RSMo 1977, amended 1980, 1988; 1993, 1995, 2004, 2010; 260.400, RSMo 1977, amended 1980, 1993; 260.437, RSMo 1983, amended 1995.

**History**
- *AUTHORITY: sections 260.365, 260.370, 260.400, and 260.437, RSMo 2016. Original rule filed Sept. 7, 1978, effective Feb. 16, 1979. Amended: Filed Dec. 1, 1987, effective Aug. 12, 1988. Amended: Filed Feb. 16, 1990, effective Dec. 31, 1990. Amended:*

##### **10 CSR 25-2.020** Hazardous Waste Management Commission Appeals and Requests for Hearings {#sec-10-csr-25-2.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-2.020}

(Rescinded March 30, 2019)

2007. Rescinded: Filed June 12, 2018, effective March 30, 2019.

JOHNR. ASHCROFT(2/28/19)

**History**
- *AUTHORITY: sections 260.370, 621.250 and 640.013, RSMo Supp. 2006. Original rule filed March 15, 2007, effective Dec. 30.*

### **Chapter 3** Hazardous Waste Management System: General

##### **10 CSR 25-3.260** Definitions, Modifications to Incorporations, and Confidential RESOURCES MANAGEMENT COMMISSION Commission General {#sec-10-csr-25-3.260 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-3.260}

##### **10 CSR 25-3.010** Definitions {#sec-10-csr-25-3.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-3.010}

(Rescinded October 1, 1986)

Amended: Filed Aug. 14, 1984, effective March 1, 1985. Amended:

Filed March 14, 1985, effective July 19, 1985. Rescinded: Filed Dec. 16, 1985, effective Oct. 1, 1986.

**History**
- *AUTHORITY: sections 260.350–260.550, RSMo 1978. Original rule filed April 12, 1979, effective Jan. 1, 1980. Amended: Filed Jan. 13, 1981, effective May 13, 1981. Amended: Filed March 13, 1981, effective July 13, 1981. Rescinded and readopted: Filed Aug. 6, 1981, effective Dec. 14, 1981. Amended: Filed Dec. 10, 1982, effective June 13, 1983. Amended: Filed Dec. 13, 1983, effective June 18, 1984.*

##### **10 CSR 25-3.260** Definitions, Modifications to Incorporations, and Confidential Business Information {#sec-10-csr-25-3.260 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-3.260}

PURPOSE: This rule sets forth definitions and delisting procedures.

This rule incorporates the federal regulations in 40 CFR part 260 by reference. This rule also outlines a number of specific substitutions between the state and federal regulations that are necessary for incorporation by reference.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) The regulations set forth in 40 CFR part 260, July 1, 2024, as published by the Office of the Federal Register, National Archives and Records Administration, Superintendent of Documents, Pittsburgh, PA 15250-7954, are incorporated by reference, subject to the following additions, modifications, substitutions, or deletions. This rule does not incorporate any subsequent amendments or additions.

(A) Except where otherwise noted in sections (2) and (3) of this rule or elsewhere in 10 CSR 25, any federal agency, administrator, regulation, or statute that is referenced in 40 CFR parts 260–270, 273, and 279, and incorporated by reference in 10 CSR 25, shall be deleted and in its place add the comparable state department, director, rule, or statute. Where conflicting rules exist in 10 CSR 25, the more stringent rules control, but in no circumstance shall the more stringent rule violate the statutory requirements set forth in section 260.373, RSMo.

1. “Director” is substituted for “Administrator” or “Regional Administrator” except where those terms are defined in 40 CFR 260.10 incorporated in this rule and where otherwise indicated in 10 CSR 25.

2. “Missouri Department of Natural Resources” is substituted for “EPA,” “U.S. EPA,” or “U.S. Environmental Protection Agency” except where those terms appear in definitions in 40 CFR 260.10 incorporated in this rule and where otherwise indicated in 10 CSR 25.

3. “Section 260.395.15, RSMo” is substituted for “Section 3005(e) of RCRA.”

4. “Sections 260.375(9), 260.380.1(9), 260.385(7), and 260.390(7), RSMo” is substituted for “Section 3007 of RCRA.”

5. “Sections 260.410 and 260.425, RSMo” is substituted for “Section 3008 of RCRA.”

6. “10 CSR 25-3.260” is substituted for any reference to 40 CFR part 260.

7. “10 CSR 25-4.261” is substituted for any reference to 40 CFR part 261.

8. “10 CSR 25-5.262” is substituted for any reference to 40 CFR part 262.

9. “10 CSR 25-6.263” is substituted for any reference to 40 CFR part 263.

10. “10 CSR 25-7.264” is substituted for any reference to 40 CFR part 264.

11. “10 CSR 25-7.265” is substituted for any reference to 40 CFR part 265.

12. “10 CSR 25-7.266” is substituted for any reference to 40 CFR part 266.

13. “10 CSR 25-7.268” is substituted for any reference to 40 CFR part 268.

14. “10 CSR 25-7.270” is substituted for any reference to 40 CFR part 270.

15. “10 CSR 25-8.124” is substituted for any reference to 40 CFR part 124.

16. “10 CSR 25-11.279” is substituted for any reference to 40 CFR part 279.

17. “10 CSR 25-16.273” is substituted for any reference to 40 CFR part 273.

18. “Sections 260.350–260.433, RSMo” is substituted for “Subtitle C of RCRA,” or “RCRA,” except where those terms are defined in 40 CFR 260.10, incorporated in this rule.

19. “Section 260.380.1(1), RSMo” is substituted for “Section 3010 of RCRA.”

20. “Section 260.420, RSMo” is substituted for “Section 7003 of RCRA.”

21. “Waste within the meaning of section 260.360(22), RSMo” is substituted for “solid waste within the meaning of section 1004(27) of RCRA.” Residual materials specified as wastes under section 260.360(22), RSMo, means any solid wastes under 40 CFR 261.2, as incorporated in 10 CSR 25-4.261.

22. “Section 260.360(9), RSMo” is substituted for “Section 1004(5) of RCRA.”

23. “Chapter 610, RSMo, sections 260.430 and 260.550, RSMo, 10 CSR 25-3.260(2)(A), and 10 CSR 25-7.270(2)(B)” is substituted for any reference to the Federal Freedom of Information Act (5 U.S.C. 552(a) and (b)), 40 CFR part 2, or

Section 3007(b) of RCRA.

24. All quantities of solid waste which are defined as hazardous waste pursuant to 10 CSR 25-4 are hazardous waste and are regulated under sections 260.350–260.433, RSMo, and 10 CSR 25. A person shall manage all hazardous waste that is not subject to requirements in 10 CSR 25 in accordance with subsection 260.380.3, RSMo.

25. The term variance in 10 CSR 25 means an action of the commission pursuant to section 260.405, RSMo. In any case where a federal rule that is incorporated by reference in 10 CSR 25 uses the term variance but the case-by-case decision or action of the department or commission does not meet the description of a variance pursuant to section 260.405, RSMo, the decision or action will be considered an exception or exemption based on the conditions set forth in the federal

regulation incorporated by reference or the omission from

regulation.

(1/29/25) Denny Hoskins MANAGEMENT COMMISSION RESOURCES (2) This section sets forth specific modifications to the regulations incorporated in section (1) of this rule. (Comment:

This section has been organized so that all Missouri additions, changes, or deletions to any subpart of the federal regulations are noted within the corresponding subsection of this section.

For example, changes to 40 CFR part 260 subpart A will be located in subsection (2)(A) of this rule.)

(A) The following are changes to 40 CFR part 260 subpart A incorporated in this rule:

1. Confidential business information and availability of information. 40 CFR 260.2 is not incorporated in this rule. In lieu of those provisions, the following applies to confidential business information and the availability of information:

A. Any information provided to the department under 10 CSR 25 will be made available to the extent and in the manner authorized by Chapter 610, RSMo, sections 260.430 and 260.550, RSMo, and 10 CSR 25-7.270(2)(B)2. as applicable; and B. Any person who submits information to the department in accordance with 10 CSR 25 may assert a claim of business confidentiality covering a part or all of that information by including a letter with the information that requests protection of specific information from disclosure.

Information covered by this claim will be disclosed by the department to the extent and by means of the procedures set forth in Chapter 610, RSMo. However, if no claim accompanies the information when it is received by the department, the information may be made available to the public without further notice to the person submitting it. The department will respond to requests for protection of business information within twenty (20) business days.

(B) Definitions. (Reserved)

(C) 40 CFR part 260 subpart C, Rulemaking Petitions.

1. General. (Reserved)

2. Petitions for equivalent testing or analytical methods. 40 CFR 260.21 is not incorporated by reference.

3. Petitions to amend part 261 to exclude a waste produced at a particular facility. 40 CFR 260.22 is not incorporated by reference.

4. Petitions to amend 40 CFR part 273 to include additional hazardous wastes. (Reserved)

5. Non-waste determinations and variances from classification as a solid waste. 40 CFR 260.30 is not incorporated by reference.

6. Standards and criteria for variances from classification as a solid waste. 40 CFR 260.31 is not incorporated by reference.

7. Variances to be classified as a boiler. 40 CFR 260.32 is not incorporated by reference.

8. Procedures for variances from classification as a solid waste, for variances to be classified as a boiler, or for non-waste determinations. 40 CFR 260.33 is not incorporated by reference.

9. Standards and criteria for non-waste determinations. 40 CFR 260.34 is not incorporated by reference.

(3) Missouri Specific Definitions. Definitions of terms used in 10 CSR 25. This section sets forth definitions which modify or add to those definitions in 40 CFR parts 60, 260–270, 273, and 279 and 49 CFR parts 40, 171–180, 383, 387, and 390–397.

(A) Definitions beginning with the letter A.

1. Abandoned or uncontrolled means any property where hazardous waste has been disposed of illegally or where hazardous waste was disposed of prior to regulation under sections 260.350–260.433, RSMo.

2. Attenuation means any physical, chemical, or biological reaction, or a combination of both, transformation occurring in the zone of aeration or zone of saturation that brings about a temporary or permanent decrease in the maximum concentration or total quantity of an applied chemical or biological constituent in a fixed time or distance traveled.

(B) Definitions beginning with the letter B. (Reserved)

(C) Definitions beginning with the letter C.

1. CFR means the Code of Federal Regulations.

2. CSR means the Missouri Code of State Regulations.

3. Commission means the Hazardous Waste Management Commission of Missouri created by section 260.365, RSMo.

(D) Definitions beginning with the letter D.

1. Department means the Missouri Department of Natural Resources.

2. Director means the director of the Missouri Department of Natural Resources.

3. DOT means the United States Department of Transportation.

(E) Definitions beginning with the letter E. (Reserved)

(F) Definitions beginning with the letter F.

1. Farmer means a person primarily engaged in the production of crops, livestock, or both, for agricultural purposes.

(G) Definitions beginning with the letter G.

1. Generation means the act or process of producing hazardous waste.

(H) Definitions beginning with the letter H.

1. Hazardous waste means any waste or combination of wastes as defined by or listed in 10 CSR 25-4 and section 260.360(11), RSMo.

2. Hazardous waste transporter means any person or company conducting activities in Missouri that require a hazardous waste transporter license pursuant to 10 CSR 25- 6.263. These activities may include but are not limited to transportation of hazardous wastes, used oil, and infectious wastes by highway, railway, or waterway.

3. Household hazardous waste means any household waste excluded from regulation as hazardous waste by 40 CFR 261.4(b)(1) but otherwise meets the definition of hazardous waste in paragraph (3)(H)1. of this rule.

(I) Definitions beginning with the letter I.

1. Identification number means the unique code assigned to each hazardous waste, each hazardous waste generator, transporter, or facility pursuant to these rules.

(J) Definitions beginning with the letter J. (Reserved)

(K) Definitions beginning with the letter K. (Reserved)

(L) Definitions beginning with the letter L. (Reserved)

(M) Definitions beginning with the letter M.

1. Missouri hazardous waste mileage means the total fleet miles that materials requiring a hazardous waste transporter license are transported in Missouri over a period specified by

rule. Additionally, all miles traveled transporting containers with residues of these materials, as defined in 49 CFR 171.8, will be included in the Missouri hazardous waste mileage.

2. Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer, or any combination of them, propelled or drawn by mechanical power and used upon the highways in transportation. It does not include a vehicle, locomotive, or car operated exclusively on a rail(s).

(N) Definitions beginning with the letter N. (Reserved)

(O) Definitions beginning with the letter O. (Reserved)

(P) Definitions beginning with the letter P.

1. Professional engineer or registered engineer means a professional engineer licensed to practice by the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Professional Landscape Architects.

2. Power unit for the purpose of this regulation is a truck with at least two (2) axles, regardless of licensed vehicle weight RESOURCES MANAGEMENT COMMISSION or configuration.

(Q) Definitions beginning with the letter Q. (Reserved)

(R) Definitions beginning with the letter R.

1. RCRA means the Resource Conservation and Recovery Act, 42 U.S.C. sections 6901–6992k.

2. Registry means the Missouri Registry of Confirmed Abandoned or Uncontrolled Hazardous Waste Disposal Sites.

3. Remedial action means any action at a hazardous waste site to protect the public health and environment. These actions may include but are not limited to storage; confinement; perimeter protection using dikes, trenches, or ditches; clay cover; neutralization; cleanup of hazardous waste, hazardous substances, or contaminated materials; recycling or reuse; diversion; destruction; segregation of reactive materials; repair or replacement of leaking containers; collection of leachate and runoff; on-site treatment or incineration; provision of alternative water supplies; any monitoring reasonably needed to ensure that these actions protect the public health and environment; or any combination of these actions.

4. Remedial action plan means the specific procedures to be followed in implementation of any remedial action and all necessary, related procedures including but not limited to safety, analysis, sampling, handling, packaging, storing, removing, transporting, labeling, registering, and site security.

A remedial action plan has a defined endpoint, agreed to in advance, which will complete the plan. Additional remedial actions may be necessary after completion of a remedial action plan dependent upon results of sample analysis or development of new information.

5. Responsible party means any person(s) liable for costs of removal actions or remedial action or other response costs or damages pursuant to Section 107 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9607–9657 as amended by P.L. 99-499 Superfund Amendments, and Reauthorization Act of 1986, or any current owners or other person willing to assume responsibility.

(S) Definitions beginning with the letter S.

1. Substantial change means any change in use of a site that may result in a spread of contamination over additional portions of a site or off-site, an increase in human exposure to hazardous materials, an increase in adverse environmental impacts, or a situation making potential remedial actions to correct problems at the site more difficult to undertake or complete.

(T) Definitions beginning with the letter T.

1. Training means formal instruction which supplements an employee’s existing job knowledge and is designed to protect human health and the environment through increased awareness and improved job proficiency.

2. Transporter; see hazardous waste transporter.

(U) Definitions beginning with the letter U.

1. United States importer means a United States-based person who is in corporate good standing with the U.S. state in which they are registered to conduct business and who will be assuming all generator responsibilities and liabilities specified in sections 260.350–260.433, RSMo, for wastes which the United States importer has arranged to be imported from a foreign country.

(V) Definitions beginning with the letter V.

1. Vehicle, for the purpose of this regulation, refers to a power unit.

(W) Definitions beginning with the letter W.

1. Waste, as defined in section 260.360(22), RSMo.

(X) Definitions beginning with the letter X. (Reserved)

(Y) Definitions beginning with the letter Y. (Reserved)

(Z) Definitions beginning with the letter Z. (Reserved)

rule filed Dec. 16, 1985, effective Oct. 1, 1986. Amended: Filed Feb. 3, 1987, effective Aug. 1, 1987. Amended: Filed Dec. 1, 1987, effective Aug. 12, 1988. Amended: Filed Feb. 16, 1990, effective Dec. 31, 1990. Amended: Filed Jan. 15, 1991, effective Aug. 1, 1991.

Amended: Filed Sept. 4, 1991, effective Feb. 6, 1992. Amended:

Filed Feb. 14, 1992, effective Dec. 3, 1992. Amended: Filed Jan. 5, 1993, effective Aug. 9, 1993. Amended: Filed June 3, 1993, effective Jan. 31, 1994. Amended: Filed Jan. 5, 1994, effective Aug. 28, 1994. Amended: Filed Aug. 16, 1995, effective April 30, 1996.

Amended: Filed June 1, 1998, effective Jan. 30, 1999. Amended:

Filed Feb. 1, 2001, effective Oct. 30, 2001. Amended: Filed Dec. 17, 2001, effective Aug. 30, 2002. Amended: Filed March 31, 2006, effective Dec. 30, 2006. Amended: Filed Oct. 15, 2008, effective June 30, 2009. Amended: Filed April 15, 2011, effective Dec. 30, 2011.

Amended: Filed April 15, 2015, effective Dec. 30, 2015. Amended:

Filed June 14, 2018, effective March 30, 2019. Amended: Filed July 10, 2024, effective Feb. 28, 2025. *Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010, and 260.395, RSMo 1977, amended 1980, 1983, 1985, 1988, 2000, 2013, 2015.

**History**
- *AUTHORITY: sections 260.370 and 260.395, RSMo 2016. Original*

### **Chapter 4** Methods for Identifying Hazardous Waste

##### **10 CSR 25-4.010** Hazardous Waste Identification {#sec-10-csr-25-4.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-4.010}

(Rescinded October 1, 1986)

rule filed April 12, 1979, effective Jan. 1, 1980. Amended: Filed Aug. 13, 1980, effective Jan. 12, 1981. Amended: Filed Jan. 13, 1981, effective July 12, 1981. Amended: Filed March 13, 1981, effective July 13, 1981. Amended: Filed Aug. 12, 1981, effective Dec. 14, 1981.

Amended: Filed Dec. 10, 1982, effective June 13, 1983. Amended:

Filed March 14, 1984, effective Aug. 13, 1984. Amended: Filed March 14, 1985, effective July 19, 1985. Rescinded: Filed Dec. 16, 1985, effective Oct. 1, 1986.

**History**
- *AUTHORITY: sections 260.370 and 260.430, RSMo 1978. Original*

##### **10 CSR 25-4.020** Waste Oil {#sec-10-csr-25-4.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-4.020}

(Moved to 10 CSR 25-11.010)

##### **10 CSR 25-4.261** Methods for Identifying Hazardous Waste {#sec-10-csr-25-4.261 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-4.261}

PURPOSE: This rule sets forth characteristics and lists by which a generator can determine whether their waste is hazardous. This

rule defines hazardous waste under section 260.475, RSMo. The federal regulations in 40 CFR part 261 are incorporated by reference, subject to the modifications set forth in this rule.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

Editor’s Note: Pursuant to American Mining Wastes v. the U.S.

EPA, cited as 907 F2d 1179 (D.C. Cir. 1990), the following waste streams are not incorporated by reference in this rule: K064, K065, K066, K090, and K091. These waste streams were remanded to the Environmental Protection Agency (EPA) by the United States Court of Appeals until the EPA provides adequate justification to the court for the listing of the wastes as hazardous. Suspension of these wastes from the state rule was effective February 28, 1991.

(1) The regulations set forth in 40 CFR part 261, July 1, 2024, as published by the Office of the Federal Register, National Archives and Records Administration, Superintendent of Documents, Pittsburgh, PA 15250-7954, are incorporated by reference. This rule does not incorporate any subsequent amendments or additions. Except as provided otherwise in this

rule, the substitution of terms set forth in 10 CSR 25-3.260(1)(A) applies in this rule in addition to any other modifications set forth in section (2) of this rule. Where conflicting rules exist in 10 CSR 25, the more stringent rules control, but in no circumstance shall the more stringent rule violate the statutory requirements set forth in 260.373, RSMo.

(2) This section sets forth specific modifications of the regulations incorporated in section (1) of this rule. A person subject to identifying a hazardous waste shall comply with this section as it modifies 40 CFR part 261 as incorporated in this rule.

(Comment: This section has been organized in order that all Missouri additions, changes, or deletions to any subpart of the federal regulation are noted within the corresponding subsection of this section. For example, changes to 40 CFR part 261

subpart A will be located in subsection (2)(A) of this rule.)

(A) General. The following are changes to 40 CFR part 261

subpart A incorporated in this rule:

1. Purpose and scope. (Reserved);

2. Definition of solid waste. (Reserved);

3. Definition of hazardous waste. (Reserved);

4. Exclusions. (Reserved);

5. (Reserved);

6. Requirements for recyclable materials. (Reserved);

7. Residues of hazardous waste in empty containers.

(Reserved);

8. Polychlorinated biphenyls wastes regulated under Toxic Substance Control Act. (Reserved);

9. Requirements for universal waste. (Reserved);

10. The substitution of terms in 10 CSR 25-3.260(1)(A) does not apply in 40 CFR 261.6(a)(3)(i), as incorporated in this rule.

The state may not assume authority from the Environmental Protection Agency to receive notifications of intent to export or to transmit this information to other countries through the Department of State or to transmit Acknowledgments of Consent to the exporter. This modification does not relieve the regulated person of the responsibility to comply with the Resource Conservation and Recovery Act or other pertinent export control laws and regulations issued by other agencies;

11. (Reserved);

12. (Reserved);

13. (Reserved);

14. (Reserved); and 15. In accordance with section 260.432.5(2), RSMo, used cathode ray tubes may not be placed in a sanitary landfill, except as permitted by section 260.380.3, RSMo.

(B) Criteria for Identifying the Characteristics of Hazardous Waste and for Listing Hazardous Wastes. (Reserved)

(C) Characteristics of Hazardous Waste. (Reserved)

(D) Lists of Hazardous Wastes. (Reserved)

(E) Exclusions/Exemptions.

1. The substitution of the director of the Department of Natural Resources for the regional administrator discussed in 10 CSR 25-3.260(1)A.1. does not apply to the requirement for notification of the export of used cathode ray tubes established in 40 CFR 261.41.

(F) (Reserved)

(G) (Reserved)

(H) Financial Requirements for Management of Excluded Hazardous Secondary Materials. (Reserved)

(I) Use and Management of Containers. (Reserved)

(J) Tank Systems. (Reserved)

(K) (Reserved)

(L) (Reserved)

(M) Emergency Preparedness and Response for Management of Excluded Hazardous Secondary Materials. (Reserved)

(N) (Reserved)

(O) (Reserved)

(P) (Reserved)

(Q) (Reserved)

(R) (Reserved)

(S) (Reserved)

(T) (Reserved)

(1/29/25) Denny Hoskins MANAGEMENT COMMISSION RESOURCES (U) (Reserved)

(V) (Reserved)

(W) (Reserved)

(X) (Reserved)

(Y) (Reserved)

(Z) (Reserved)

(AA) Air Emission Standards for Process Vents. (Reserved)

(BB) Air Emission Standards for Equipment Leaks. (Reserved)

(CC) Air Emission Standards for Tanks and Containers. (Reserved)

(3) Appendixes.

(A) Appendix I to Part 261 Representative Sampling Methods.

(Reserved)

(B) Appendixes II-III to Part 261. (Reserved)

(C) Appendix IV to Part 261. (Reserved)

(D) Appendix V to Part 261. (Reserved)

(E) Appendix VI to Part 261. (Reserved)

(F) Appendix VII to Part 261 Basis for Listing Hazardous Waste. (Reserved)

(G) Appendix VIII to Part 261 Hazardous Constituents.

(Reserved)

(H) Appendix IX to Part 261 Wastes Excluded Under Sections 260.20 and 260.22. (Reserved)

Amended: Filed Jan. 15, 1991, effective Oct. 1, 1991. Amended:

Filed Feb. 14, 1992, effective Dec. 3, 1992. Amended: Filed Aug. 14, 1992, effective May 6, 1993. Amended: Filed Jan. 5, 1993, effective Aug. 9, 1993. Amended: Filed June 3, 1993, effective Jan. 31, 1994. Amended: Filed Jan. 5, 1994, effective Aug. 28, 1994.

Amended: Filed Aug. 16, 1995, effective April 30, 1996. Amended:

Filed March 22, 1996, effective Nov. 30, 1996. Amended: Filed June 1, 1998, effective Jan. 30, 1999. Amended: Filed Feb. 1, 2001, effective Oct. 30, 2001. Amended: Filed March 31, 2006, effective Dec. 30, 2006. Amended: Filed Oct. 15, 2008, effective June 30, 2009.

Amended: Filed April 15, 2011, effective Dec. 30, 2011. Amended:

Filed April 15, 2015, effective Dec. 30, 2015. Amended: Filed June 14, 2018, effective March 30, 2019. Amended: Filed July 10, 2024, effective Feb. 28, 2025. *Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010.

**History**
- *AUTHORITY: section 260.370, RSMo 2016. Original rule filed Dec. 16, 1985, effective Oct. 1, 1986. Amended: Filed Feb. 3, 1987, effective Aug. 1, 1987. Amended: Filed Dec. 1, 1987, effective Aug. 12, 1988. Amended: Filed Feb. 16, 1990, effective Dec. 31, 1990.*

### **Chapter 5** Rules Applicable to Generators of Hazardous Waste

##### **10 CSR 25-5.010** Generator Requirements {#sec-10-csr-25-5.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-5.010}

(Rescinded October 1, 1986)

Original rule filed April 12, 1979, effective Jan. 1, 1980. Amended:

Filed Dec. 9, 1980, effective May 12, 1981. Amended: Filed March 13, 1981, effective Sept. 11, 1981. Amended: Filed June 15, 1983, effective Oct. 17, 1983. Amended: Filed March 14, 1984, effective Aug. 12, 1984. Amended: Filed March 14, 1985, effective July 19, 1985.

Rescinded: Filed Dec. 16, 1985, effective Oct. 1, 1986.

**History**
- *AUTHORITY: section 260.370 and 260.437, RSMo Supp. 1983.*

##### **10 CSR 25-5.020** Generator Fee {#sec-10-csr-25-5.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-5.020}

(Rescinded October 1, 1986)

**History**
- *AUTHORITY: section 260.370, RSMo 1978. Original rule filed Aug. 6, 1981, effective Dec. 14, 1981. Amended: Filed Aug. 13, 1982, effective Dec. 13, 1982. Rescinded: Filed Dec. 16, 1985, effective Oct. 1, 1986.*

##### **10 CSR 25-5.262** Standards Applicable to Generators of {#sec-10-csr-25-5.262 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-5.262}

PURPOSE: This rule sets forth standards for generators of hazardous waste, incorporates 40 CFR part 262 by reference, and sets forth additional state standards.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) The regulations set forth in 49 CFR part 172, October 1, 2023, 40 CFR 302.4 and .5, July 1, 2024, and 40 CFR part 262, July 1, 2024, as published by the Office of the Federal Register, National Archives and Records Administration, Superintendent of Documents, Pittsburgh, PA 15250-7954, are incorporated by reference. This rule does not incorporate any subsequent amendments or additions. Except as provided otherwise in this

rule, the substitution of terms set forth in 10 CSR 25-3.260(1)(A) applies in this rule in addition to any other modifications set forth in section (2) of this rule. Where conflicting rules exist in 10 CSR 25, the more stringent rules control, but in no circumstance shall the more stringent rule violate the statutory requirements set forth in 260.373, RSMo.

(2) A generator located in Missouri, except as exempted in accordance with 10 CSR 25-4.261, shall comply with the requirements of this section in addition to the requirements incorporated in section (1). (Comment: This section has been organized so that all Missouri additions, changes, or deletions to any subpart of the federal regulations are noted within the corresponding subsection of this section.)

(A) General. The following registration requirements are additional requirements to, or modifications of, the requirements specified in 40 CFR part 262 subpart A:

1. In lieu of 40 CFR 262.18(a) and (c), a generator located in Missouri shall comply with the following requirements:

A. A person generating in one (1) month the quantities of hazardous waste specified in Table 1 of 40 CFR 262.13 and a transporter who is subject to registration as a generator under

##### **10 CSR 25-6.263** shall register and is subject to applicable rules under 10 CSR 25-3.260–10 CSR 25-9.020 and 10 CSR 25-12.010; and B. Very small quantity generators may choose to register and obtain Environmental Protection Agency (EPA) and Missouri identification numbers, but in doing so will be subject to any initial registration fee and annual renewal fee outlined in 10 CSR 25-12.010; {#sec-10-csr-25-6.263 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-6.263}

2. An owner or operator of a treatment, storage, and disposal facility who ships hazardous waste from the facility shall comply with this rule;

3. Any person required to register shall follow the registration procedure as outlined in 10 CSR 25-12.010.

4. Satellite accumulation. As an alternative to compliance with the accumulation limits in 40 CFR 262.15, generators who instead wish to store up to fifty-five (55) gallons of nonacute hazardous waste stream, or up to one (1) quart of liquid acute hazardous waste, or one (1) kilogram (kg) of solid acute hazardous waste, of each hazardous waste stream in a satellite accumulation area may do so if they comply with the other applicable requirements of 40 CFR 262.15 and the following additional requirements:

A. Each container must be marked with its beginning date of satellite storage;

B. The generator may not use more than one (1) container per waste stream;

C. A container of hazardous waste stored in a satellite accumulation area pursuant to paragraph (2)(A)4. of this rule shall be removed from the satellite accumulation area within three (3) calendar days if any of the following occurs:

(I) One (1) year has passed since the accumulation start date;

(II) The container is full; or (III) The container has reached its volume limit;

D. A container of hazardous waste removed from the satellite accumulation area pursuant to subparagraph (2)(A)4.C. above must be taken to the generator storage area, shipped off-site for proper hazardous waste management, or managed in accordance with an approved hazardous waste permit or certification at the site;

E. During the three- (3-) day period referenced in subparagraph (2)(A)4.C. above, the generator may start a new satellite container for that waste stream if in compliance with all other requirements of paragraph (2)(A)4. and 40 CFR 262.15 as modified by paragraph (2)(A)4. of this rule; and F. For generators that have more than one (1) satellite accumulation area in a single facility, a generator may use the federal option in 40 CFR 262.15 or the option described in 10 CSR 25-5.262(2)(A) for any satellite accumulation area; however, in no case shall a generator employ both methods in the same satellite accumulation area at the same time.

(B) Manifest Requirements Applicable to Small and Large Quantity Generators. (Reserved)

(C) Pre-Transport Requirements Applicable to Small and Large Quantity Generators. (Reserved)

(D) Record Keeping and Reporting Applicable to Small and Large Quantity Generators. In addition to requirements in 40 (1/29/25) Denny Hoskins MANAGEMENT COMMISSION RESOURCES CFR 262.40, generators shall retain registration information in subsection (2)(A) of this rule and the Generator’s Hazardous Waste Summary Report pursuant to 10 CSR 25-12.010(3) for no fewer than three (3) years.

(E) (Reserved)

(F) (Reserved)

(G) Farmers. (Reserved)

(H) Transboundary Movements of Hazardous Waste for Recovery or Disposal is incorporated with the following modifications:

1. Exports of hazardous waste. This paragraph modifies the incorporation of 40 CFR part 262 subpart H section 262.83.

A. The state cannot assume authority from the EPA to receive notifications of intent to export or to transmit this information to other countries through the Department of State or to transmit acknowledgments of consent to the exporter. In addition, the annual reports and exception reports in 40 CFR 262.83, incorporated in this rule, shall be filed with the EPA administrator with copies provided to the department.

B. The substitution of terms in 10 CSR 25-3.260(1)(A) does not apply in 40 CFR 262 subpart H as incorporated in this rule.

This modification does not relieve the regulated person of their responsibility to comply with the Resource Conservation and Recovery Act or other pertinent export control laws and regulations issued by other agencies (for example, the federal Department of Transportation and the Bureau of the Census of the Department of Commerce);

2. Imports of hazardous waste. In addition to the incorporation of 40 CFR part 262 subpart H section 262.84, the United States importer shall— A. Register with the department as a generator;

B. Four (4) weeks in advance of the date the waste is expected to enter the United States, specifically identify hazardous waste(s) intended to be imported by their EPA waste number(s) found in 40 CFR 261 and this rule; and C. Keep and maintain the following information on each shipment that is imported and make available to the department upon request— (I) If the waste is a mixed bulk shipment of multigenerator wastes, the individual original foreign generator’s names and addresses and the wastes’ technical chemical names from each source;

(II) Quantity of waste from each imported source; and (III) List of EPA waste numbers found in 40 CFR 261 that are applicable to the waste(s) from each source.

(I) (Reserved)

(J) (Reserved)

(K) Alternative Requirements for Hazardous Waste Determination and Accumulation of Unwanted Material for Laboratories Owned by Eligible Academic Entities. (Reserved)

(L) Alternative Standards for Episodic Generation. In addition to the requirements in 40 CFR 262.232, the requirements for episodic generators established in 10 CSR 25-12.010(1)(C)1.B. also apply.

(M) Preparedness, Prevention, and Emergency Procedures for Large Quantity Generators. In addition to the requirements in 40 CFR 262, electronic submittal of contingency plans and maps may be made in lieu of hard copy, upon approval by the local emergency responders. Additionally, for satellite accumulation areas, every single point need not be identified on the required map, as long as the general locations of the satellite accumulation area(s) are highlighted and labeled on the map.

Additionally, for satellite accumulation areas, general locations of the satellite accumulation area(s) may be identified on the map in place of every single point of satellite accumulation upon approval by the local emergency responders.

Amended: Filed Feb. 3, 1987, effective Aug. 1, 1987. Amended: Filed Dec. 1, 1987, effective Aug. 12, 1988. Amended: Filed Feb. 16, 1990, effective Dec. 31, 1990. Amended: Filed Jan. 15, 1991, effective Aug. 1, 1991. Amended: Filed Feb. 14, 1992, effective Dec. 3, 1992.

Amended: Filed Jan. 5, 1993, effective Aug. 9, 1993. Amended: Filed Jan. 5, 1994, effective Aug. 28, 1994. Amended: Filed Aug. 16, 1995, effective April 30, 1996. Amended: Filed June 1, 1998, effective Jan. 30, 1999. Amended: Filed Feb. 1, 2001, effective Oct. 30, 2001.

Amended: Filed March 31, 2006, effective Dec. 30, 2006. Amended:

Filed Oct. 15, 2008, effective June 30, 2009. Amended: Filed April 15, 2011, effective Dec. 30, 2011. Amended: Filed April 15, 2015, effective Dec. 30, 2015. Amended: Filed June 14, 2018, effective March 30, 2019. ** Amended: Filed July 10, 2024, effective Feb. 28, 2025. *Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010, and 260.380, RSMo 1977, amended 1980, 1985, 2000, 2004, 2005, 2011, 2013, 2014, 2018, 2023. **Pursuant to Executive Order 21-07, 10 CSR 25-5.262, subparagraph (2)(A)3.A. was suspended from April 8, 2020 through May 25, 2021.

**History**
- *AUTHORITY: section 260.370, RSMo 2016, and section 260.380, RSMo Supp. 2024. This rule was previously filed as 10 CSR 25- 5.010. Original rule filed Dec. 16, 1985, effective Oct. 1, 1986.*

### **Chapter 6** Rules Applicable to Transporters of Hazardous Waste

##### **10 CSR 25-6.010** License Requirements and Operating Procedures for Motor Vehicle {#sec-10-csr-25-6.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-6.010}

##### **10 CSR 25-6.020** License Requirements and Operating Procedures for Railroads {#sec-10-csr-25-6.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-6.020}

##### **10 CSR 25-6.030** License Requirements and Operating Procedures for All Other RESOURCES MANAGEMENT COMMISSION Commission Hazardous Waste {#sec-10-csr-25-6.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-6.030}

##### **10 CSR 25-6.010** License Requirements and Operating Procedures for Motor Vehicle Operators {#sec-10-csr-25-6.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-6.010}

rule filed April 10, 1979, effective Jan. 1, 1980. Amended: Filed Dec. 9, 1980, effective May 12, 1981. Emergency amendment filed Oct. 30, 1981, effective Nov. 9, 1981, expired Feb. 27, 1982. Amended:

Filed March 15, 1983, effective July 11, 1983. Rescinded: Filed Dec. 16, 1985, effective Oct. 1, 1986.

**History**
- *AUTHORITY: sections 260.385 and 260.395, RSMo 1978. Original*

##### **10 CSR 25-6.020** License Requirements and Operating Procedures for Railroads {#sec-10-csr-25-6.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-6.020}

rule filed April 12, 1979, effective Jan. 1, 1980. Amended: Filed March 13, 1981, effective Sept. 11, 1981. Amended: Filed March 15, 1983, effective July 11, 1983. Amended: Filed March 14, 1984, effective Aug. 12, 1984. Rescinded: Filed Dec. 16, 1985, effective Oct. 1, 1986.

**History**
- *AUTHORITY: sections 260.385 and 260. 345, RSMo 1978. Original*

##### **10 CSR 25-6.030** License Requirements and Operating Procedures for All Other Modes of Transport {#sec-10-csr-25-6.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-6.030}

rule filed April 12, 1979, effective Jan. 1, 1980. Amended: Filed March 13, 1981, effective Sept. 11, 1981. Amended: Filed March 8, 1983, effective July 11, 1983. Amended: Filed March 14, 1984, effective Aug. 12, 1984. Rescinded: Filed Dec. 16, 1985, effective Oct. 1, 1986.

**History**
- *AUTHORITY: sections 260.385 and 260.395, RSMo 1978. Original*

##### **10 CSR 25-6.263** Standards for Transporters of Hazardous Waste {#sec-10-csr-25-6.263 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-6.263}

PURPOSE: This rule sets forth standards for transporters of hazardous waste, incorporates 40 CFR part 263 and certain regulations in 49 CFR by reference, and sets forth additional state standards.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) The regulations set forth in 40 CFR part 263, July 1, 2024; 49 CFR parts 171–180, July 1, 2024; and 49 CFR parts 40, 383, 387, 390–397, July 1, 2024, as published by the Office of the Federal Register, National Archives and Records Administration, Superintendent of Documents, Pittsburgh, PA 15250-7954, are incorporated by reference, except for 49 CFR 390.3(f)(2), which is not incorporated by reference. This rule does not incorporate any subsequent amendments or additions. Except as provided otherwise in this rule, the substitution of terms set forth in 10 CSR 25-3.260(1)(A) applies in this rule in addition to any other modifications set forth in section (2) of this rule except that the modifications do not apply to the 49 CFR parts incorporated in this rule. Where conflicting rules exist in 10 CSR 25, the more stringent rules control, but in no circumstance shall the more stringent rule violate the statutory requirements set forth in

section 260.373, RSMo.

(2) A hazardous waste transporter shall comply with the requirements of this section in addition to those set forth in

section (1). Any reference to a 40 CFR cite in this section means as that provision is incorporated in 10 CSR 25. (Comment: This

section has been organized in order within the corresponding subsection of this section. For example, the additional requirements being added to 40 CFR part 263 subpart A are found in subsection (2)(A).)

(A) In addition to the requirements in 40 CFR part 263

subpart A, the following applies:

1. In 40 CFR 263.10(a) and (c)(1), incorporated in this rule, substitute “the state of Missouri” for “United States”;

2. Add to the note following 40 CFR 263.10(a) the following:

“The parts of 49 CFR are incorporated to the extent that these regulations do not conflict with the laws and regulations of the state of Missouri, or, in the event the regulations conflict, the more stringent regulations control. The equipment used in the transportation of hazardous waste shall meet the standards of the Missouri Department of Transportation’s Division of Motor Carrier and Railroad Safety, the United States Department of Transportation, and the Federal Railroad Administration, or any combination of them, as applicable for the types of hazardous materials for which it will be used. The equipment to be used in the transportation of hazardous waste shall be compatible with that waste and adequate to protect the health of humans and prevent damage to the environment”;

3. License requirements for power unit transporters of hazardous waste, used oil, or infectious waste. In accordance with 10 CSR 25-6.263, 10 CSR 25-11.279(2)(E)1., or 10 CSR 80- 7.010(4), to be licensed by the department, hazardous waste transporters shall comply with the following requirements:

A. Power unit transporters shall submit to the department an application for a license on a form furnished by the department and completed with the following information:

(I) The applicant’s name, address, location of the principal office or place of business, and the legal owner of the applicant company;

(II) A description of the service proposed to be rendered;

(III) The applicant’s Environmental Protection Agency (EPA) identification number;

(IV) The number of power units to be used;

(V) A certification that the applicant’s equipment and operating procedures meet the standards of the Missouri Division of Motor Carrier and Railroad Safety, the Federal Department of Transportation (DOT), or the Federal Railroad Administration, or both;

(VI) A description of each power unit to include make, model, year, vehicle identification number (VIN), licensed vehicle weight, and state and number of the license plate and a description of the trailers (cargo box, van, tank) and maximum trailer capacities used by the transporter;

(VII) A disclosure statement for the applicant, principal corporate officers, and the holders of more than (8/31/25) Denny Hoskins MANAGEMENT COMMISSION RESOURCES twenty percent (20%) of the applicant company. If any of these persons were involved in hazardous waste management before their association with the applicant company, the applicant shall submit this information to the department including the names of these persons and the names and locations of the companies with which they were associated; and (VIII) For applicants who are not residents of Missouri, a written statement designating the director of the department as the authorized agent upon whom legal service may be made for all actions arising in Missouri from any operation of motor vehicles under authority of the department;

B. In addition to the completed application, an applicant shall submit each of the following:

(I) A fee as specified in 10 CSR 25-12.010;

(II) The insurance document(s) as specified in paragraph (2)(A)4. of this rule; and (III) Statements, documents, or both, of the following, where applicable:

(a) If the applicant is a partnership, include an affidavit to this effect signed by the proprietor or include a copy of the partnership agreement. If no written partnership agreement has been entered into, include a statement summarizing the agreement between the parties which is signed by each of the partners and certified by a notary public;

(b) If the applicant is a Missouri corporation or a foreign corporation with authority to conduct business in Missouri or is a foreign corporation with facilities or employees in Missouri, a Certificate of Corporate Good Standing from the Missouri secretary of state and if the applicant is a nonresident corporation without facilities or employees in Missouri, a Certificate of Good Standing from the state or country of residence; and (c) If the applicant is conducting its business under an assumed or fictitious name, a certified copy of the registration with the Missouri secretary of state of the assumed or fictitious name;

C. License renewal.

(I) At least sixty (60) days prior to the expiration date of his/her current license, a hazardous waste transporter wishing to renew his/her license shall submit a license renewal application on a form furnished by the department, including a Certificate of Corporate Good Standing issued within the twelve (12) months preceding the license expiration date, documents that satisfy the insurance requirements in paragraph (2)(A)4. of this rule, except for other than power unit carriers, and a fee as specified in 10 CSR 25-12;

D. Power unit additions, replacements, and temporary permits. Changes made to the power unit listings as shown on the current license application or renewal form shall be reported to the department as follows: A power unit can be added by submitting a written description of the power unit to be added and paying a fee in accordance with 10 CSR 25- 12.010. A power unit can be replaced for another without any charge by submitting a description of the original power unit and its replacement. A power unit can be issued a temporary permit for a thirty- (30-) day period by submitting a written description of the power unit and paying a fee in accordance with 10 CSR 25-12.010;

E. Proof of license. A transporter shall carry proof of license with each power unit transporting hazardous waste within Missouri. A legible copy of this certificate shall be in the possession of the driver of the power unit and shown upon demand to representatives of the department, officers of the Missouri State Highway Patrol, and other law enforcement officials;

4. Insurance.

A. Transporters licensed in accordance with this

chapter shall at all times have on file with the department a certification of public liability (bodily injury and property damage) insurance which includes the required, uniform endorsements covering each motor vehicle in accordance with 49 CFR part 387 incorporated by reference in this rule. The minimum level of insurance coverage shall not be less than one (1) million dollars combined single limit. (Note: The federal regulations at 49 CFR 387.9 set forth certain conditions which require five (5) million dollars coverage.)

B. The certificate of insurance shall— (I) State that the insurer has issued to the motor carrier a policy of insurance which, by endorsement, provides automobile bodily injury and property damage liability insurance covering the obligations imposed upon the motor carrier by the provisions of the law of Missouri;

(II) Be duly completed and executed by the insurer on Form E—Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance;

(III) Be duly completed and executed by the insurer with the endorsements made on Form F—Uniform Motor Carrier Bodily Injury and Property Damage Liability Insurance Endorsements attached to the insurance policy and forming a

part of that policy; and (IV) Include a surety bond, duly completed and executed by the surety and principal, in the form set forth in Form G—Uniform Motor Carrier Bodily Injury and Property Damage Surety Bond.

C. An insurer under the provisions of this rule shall submit to the department not fewer than thirty (30) days’ notice of cancellation of motor carrier bodily injury and property damage liability insurance by filing with the department the form of notice set forth in Form K—Uniform Notice of Cancellation of Motor Carrier Insurance Policies. The notice shall be duly completed and executed by the insurer. A surety under the provisions of this rule shall give the department not fewer than thirty (30) days’ notice of the cancellation of motor carrier bodily injury and property damage liability surety bond by filing with the department the form of notice set forth in Form L—Uniform Notice of Cancellation of Motor Carrier Surety Bond. The notice shall be duly completed and executed by the surety or motor carrier.

D. Forms E, F, G, K, and L referred to in subparagraphs (2)

(A)4.B. and C. of this rule are the standard forms determined by the National Association of Regulatory Utility Commissioners and promulgated by the Interstate Commerce Commission pursuant to the provisions of section 202(b)(2) of the Interstate Commerce Act, 49 U.S.C. section 302(b)(2), 1994.

E. Before any policy of insurance will be accepted by the department, the insurance company issuing the policy or the carrier offering the same, upon request of the department, shall furnish evidence satisfactory to the department that the insurance company issuing the policy is duly authorized to transact business in Missouri and that it is financially able to meet the obligations of the policy offered.

F. All insurance certificates and surety bonds filed with the department shall remain on file with the department and shall not be removed except with the written permission of the director.

G. A new certificate of insurance shall be filed for reinstatement of insurance which has been canceled;

5. Vehicle marking. The transportation vehicle used to ship hazardous waste shall be marked in accordance with 49 CFR 390.21(b) and (c);

RESOURCES MANAGEMENT COMMISSION

6. No hazardous waste shall be accepted for transport unless it has been properly loaded and secured in accordance with 49 CFR 177.834;

7. Incompatible wastes. A waste shall not be added to an unwashed or uncleaned container that previously held an incompatible material;

8. In addition to the requirements in 40 CFR 263.10(c)(1), add the following requirements: A transporter who accepts shipments of hazardous waste from a person not subject to registration as a generator in accordance with 10 CSR 25-5.262, and in so doing accumulates one hundred kilograms (100 kg) or more of hazardous waste, becomes a generator and shall comply with 10 CSR 25-5.262 in addition to the requirements of this rule. (Note: This provision is not intended to apply to municipal waste haulers who may unknowingly pick up small quantities of hazardous waste that may have been deposited in solid waste containers along their routes.);

9. In addition to the requirements in 40 CFR 263.11, add the following: “In the event that an EPA identification number has not been assigned, the department will assign an EPA identification number.” The applicant shall also submit an application for license in accordance with this rule at the time of notification; and 10. In addition to the requirements in 40 CFR 263.12, the following rules apply to transfer facilities (Note: Used oil transfer facilities are regulated under 10 CSR 25-11.279.):

A. A hazardous waste transported intrastate or into the state by motor carrier shall arrive at its destination in ten (10) calendar days, excluding the time in a transfer facility, or less from the date the initial transporter signs the manifest, or when the waste first enters the state, unless departmental approval is obtained prior to the expiration of the ten- (10-) day period;

B. A hazardous waste destined for out-of-state treatment, storage, or disposal shall leave the state in ten (10) calendar days, excluding the time in a transfer facility, or less from the date the initial transporter signs the manifest unless departmental approval is obtained prior to the expiration of the ten- (10-) day period;

C. A hazardous waste transported through the state by motor carrier shall pass through the state in ten (10) calendar days, excluding the time in a transfer facility, or less unless departmental approval is obtained prior to the expiration of the ten- (10-) day period;

D. A secondary containment system for storage of hazardous waste in containers at a transfer facility shall be designed, maintained, and operated as follows:

(I) With a base under the container(s) which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills, and accumulated precipitation until the collected material is detected and removed;

(II) With the base sloped or the containment system designed and operated to drain and remove liquids resulting from leaks, spills, or precipitation, unless the containers are elevated or are otherwise protected from contact with accumulated liquids;

(III) With a capacity equal to ten percent (10%) of the containerized waste volume or the volume of the largest container, whichever is greater (Containers that do not contain free liquids need not be considered in this calculation.);

(IV) With run-on into the containment system prevented unless the collection system has sufficient excess capacity in addition to that specified in part (2)(A)10.D.(I) of this rule to contain any run-on which might enter the system;

(V) With removal of spilled or leaked waste and accumulated precipitation from the sump or collection area as necessary to prevent overflow of the collection system; and (VI) Including the containment system as part of the weekly inspections specified in 40 CFR 265.174 incorporated by reference in 10 CSR 25-7.265(1);

E. The following requirements apply to the transporter’s management of ignitable, reactive, incompatible, or volatile wastes at a transfer facility:

(I) Take precautions to prevent accidental ignition or reaction of ignitable or reactive wastes;

(II) Separate and protect wastes identified in E. of this subsection from sources of ignition or reaction including, but not limited to, open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (that is, from heat-producing chemical reactions), and radiant heat;

(III) While ignitable or reactive waste is being handled, confine smoking and open flame to specially designated locations; and (IV) Conspicuously place “No Smoking” signs wherever there is a hazard from ignitable or reactive waste;

F. Preparedness and prevention. A transporter shall equip the transfer station as specified in 40 CFR 265.32 incorporated by reference in 10 CSR 25-7.265(1). In addition, a transporter shall also provide safety equipment such as fire blankets, gas masks, and self-contained breathing apparatus unless the hazards posed by the type of waste managed does not warrant using this additional safety equipment;

G. Closure. At closure of the storage area, a transporter shall remove and properly dispose of all hazardous waste and hazardous residues. For the purpose of this subparagraph, closure shall occur when the storage of hazardous wastes has not occurred, or is not expected to occur for one (1) year, or when the transporter’s license lapses, whichever first occurs;

H. The contents of separate containers of hazardous waste may not be combined at a transfer facility. Individual lab-packed containers may be placed in a larger container if, when containers are overpacked, the transporter affixes labels to the overpack container, which are identical to the labels on the original shipping container; and I. A transfer facility shall not be the same facility as designated in item 8 of the manifest.

(B) Compliance with the Manifest System and Recordkeeping.

This subsection sets forth requirements in addition to or in lieu of the requirements set forth in 40 CFR part 263 subpart B.

1. Manifests.

A. In addition to the requirements in 40 CFR 263.20(a), the following shall apply:

(I) In addition to the requirements in 10 CSR 25- 5.262, a transporter shall not accept hazardous waste from a generator unless it is accompanied by a completed uniform hazardous waste manifest signed and dated by the generator containing information in accordance with Subpart B of 40 CFR

part 262, except that the transporter may accept shipments of hazardous waste without a manifest from persons not subject to registration as provided in 10 CSR 25-5.262(2)(A) provided that the waste is transported only to a facility which is permitted or certified to accept the waste. The transporter shall maintain records on wastes accepted from those generators which contain information including the type or identity of each waste, the source of each waste, and disposition of each waste. (Note: This paragraph is not intended to apply to municipal waste haulers who may unknowingly pick up small quantities of hazardous waste that may have been deposited in solid waste containers along their routes.);

(8/31/25) Denny Hoskins MANAGEMENT COMMISSION RESOURCES (II) Hazardous waste shall be transferred between licensed transporters only; and (III) For exports, the transporter shall also comply with the following:

(a) Accept no hazardous waste from a primary exporter or other person—1) if s/he knows the shipment does not conform to the EPA Acknowledgement of Consent, and 2) unless, in addition to a manifest signed in accordance with 10 CSR 25-5, the waste is also accompanied by an EPA Acknowledgement of Consent which, except for shipment by rail, is attached to the manifest (or shipping paper for exports by water (bulk shipment));

(b) Use shipping papers for exports by water (bulk shipment) that contain all the information required on the manifest and, for exports, accompany the hazardous waste with an EPA Acknowledgement of Consent;

(c) If a rail transporter, ensure that a shipping paper contains all the information required on the manifest and, for exports, an EPA Acknowledgement of Consent accompanies the hazardous waste at all times; and (d) Provide a copy of the manifest to a United States Customs official at the point of departure from the United States.

B. In addition to requirements in 40 CFR 263.22, the following shall apply:

(I) Each day that a vehicle is used for the transportation of hazardous waste, the driver of that vehicle, prior to the transportation, shall inspect the vehicle to meet the requirements of 49 CFR 396.11 incorporated by reference in

section (1) of this rule;

(II) Document the vehicle inspection in writing;

(III) At a minimum once annually, transporters shall provide and document hazardous waste/materials training for each driver employee who transports hazardous waste;

(IV) Make records relating to hazardous waste transportation available to representatives of the department for inspection and copying during regular business hours; and (V) Maintain current files on driver vehicle inspections, vehicle maintenance, annual employee training, and records of incident reports for a period of three (3) years. Files shall be maintained by the licensed transporter regardless of whether the vehicle(s) is owned or leased. The period of record retention for these records also extends automatically during the course of any unresolved enforcement action, and the records shall be available to authorized representatives of the department for inspection and copying during regular business hours.

2. (Reserved)

(C) Immediate Action. In addition to the requirements in 40 CFR part 263 subpart C, the following shall apply:

1. In addition to requirements in 40 CFR 263.30(c)(1), the transporter shall also notify the department at the earliest practical moment of a hazardous waste discharge by calling the department’s emergency number, (573) 634-2436 (634- CHEM); and 2. In addition to requirements in 40 CFR 263.30(c)(2), the transporter shall also submit a copy of that report to the department.

(D) Operations of Transporters by Modes Other Than Power Unit.

1. A person who transports hazardous waste by a mode other than power unit shall comply with paragraphs (2)(A)1. and 2., parts (2)(A)3.A.(V), (2)(A)3.B.(I) and (III), subparagraph (2)

(A)3.C., paragraphs (2)(A)7., 8., 9., and 10., and subsections (2)(B) and (C) of this rule.

2. Application form. An applicant shall submit a completed, department-furnished form which contains the following information: name, address, type of transport vehicles to be used in hazardous waste transport, and EPA identification number. If an EPA identification number has not been assigned by the EPA, the department will assign an identification number.

3. An applicant shall complete and submit a Non-Motor Carrier Certification of Financial Responsibility form provided by the department to satisfy the transporter insurance requirement.

(E) Transportation of Universal Waste.

1. The requirements of this chapter are not applicable to those transporting only universal waste as defined in 10 CSR 25-16.273.

2. Universal waste transporters shall comply with the universal waste transporter standards at 10 CSR 25-16.273(2)(D).

Amended: Filed Feb. 16, 1990, effective Dec. 31, 1990. Amended:

Filed Jan. 15, 1991, effective Aug. 1, 1991. Amended: Filed Feb. 14, 1992, effective Dec. 3, 1992. Amended: Filed Jan. 5, 1993, effective Aug. 9, 1993. Amended: Filed June 3, 1993, effective Jan. 31, 1994.

Amended: Filed Jan. 5, 1994, effective Aug. 28, 1994. Amended:

Filed Aug. 16, 1995, effective April 30, 1996. Amended: Filed June 1, 1998, effective Jan. 30, 1999. Amended: Filed Dec. 17, 2001, effective Aug. 30, 2002. Amended: Filed March 31, 2006, effective Dec. 30, 2006. Amended: Filed Oct. 15, 2008, effective June 30, 2009.

Amended: Filed April 15, 2011, effective Dec. 30, 2011. Amended:

Filed April 15, 2015, effective Dec. 30, 2015. Amended: Filed June 14, 2018, effective March 30, 2019. Amended: Filed Nov. 25, 2024, effective Sept. 30, 2025. *Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010; 260.373, RSMo 2012, amended 2022; 260.385, RSMo 1977, amended 1985; and 260.395, RSMo 1977, amended 1980, 1983, 1985, 1988, 2000, 2013, 2015.

**History**
- *AUTHORITY: sections 260.370, 260.385, and 260.395, RSMo 2016, and section 260.373, RSMo Supp. 2024. Original rule filed Dec. 16, 1985, effective Oct. 1, 1986. Amended: Filed Feb. 3, 1987, effective Aug. 1, 1987. Amended: Filed Dec. 1, 1987, effective Aug. 12, 1988.*

### **Chapter 7** Rules Applicable to Owners/Operators of Hazardous Waste Facilities

##### **10 CSR 25-7.011** General Rules Applicable to All Hazardous Waste Facilities {#sec-10-csr-25-7.011 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-7.011}

##### **10 CSR 25-7.264** Standards for Owners and Operators of Hazardous Waste Treatment, {#sec-10-csr-25-7.264 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-7.264}

##### **10 CSR 25-7.265** Interim Status Standards for Owners and Operators of Hazardous Waste {#sec-10-csr-25-7.265 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-7.265}

##### **10 CSR 25-7.266** Standards for the Management of Specific Hazardous Wastes {#sec-10-csr-25-7.266 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-7.266}

##### **10 CSR 25-7.270** Missouri Administered Permit Programs: The Hazardous Waste Commission Operators of Hazardous Waste Facilities {#sec-10-csr-25-7.270 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-7.270}

##### **10 CSR 25-7.010** Treatment Facilities {#sec-10-csr-25-7.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-7.010}

(Rescinded July 13, 1981)

Rescinded: Filed March 13, 1981, effective July 13, 1981.

**History**
- *AUTHORITY: sections 260.370, 260.375, 260.380, 260.390 and 260.395, RSMo 1978. Original rule filed July 16, 1979, effective Jan. 1, 1980. Amended: Filed Jan. 15, 1980, effective June 12, 1980.*

##### **10 CSR 25-7.011** General Rules Applicable to All Hazardous Waste Facilities {#sec-10-csr-25-7.011 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-7.011}

Emergency amendment filed Nov. 4, 1981, effective Nov. 13, 1981, expired March 4, 1982. Amended: Filed Dec. 10, 1981, effective April 12, 1982. Amended: Filed Aug. 13, 1982, effective Jan. 14, 1983.

Amended: Filed Dec. 13, 1983, effective June 18, 1984. Amended:

Filed March 14, 1985, effective July 19, 1985. Amended: Filed April 16, 1985, effective Aug. 19, 1985. Rescinded: Filed Dec. 16, 1985, effective Oct. 1, 1986.

**History**
- *AUTHORITY: sections 260.370, 260.375 and 260.390, RSMo 1978. Original rule filed March 13, 1981, effective July 13, 1981.*

##### **10 CSR 25-7.020** Incinerators {#sec-10-csr-25-7.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-7.020}

Rescinded and readopted: Filed March 13, 1981, effective July 13, 1981. Rescinded and readopted: Filed Aug. 13, 1982, effective Jan. 14, 1983. Amended: Filed Jan. 13, 1983, effective May 13, 1983.

Rescinded and readopted: Filed Dec. 13, 1983, effective June 18, 1984. Rescinded: Filed Dec. 16, 1985, effective Oct. 1, 1986.

**History**
- *AUTHORITY: sections 260.370, 260.375, 260.380, 260.390 and 260.395, RSMo 1978. Original rule filed July 16, 1979, effective Jan. 1, 1980. Amended: Filed Jan. 15, 1980, effective June 12, 1980.*

##### **10 CSR 25-7.030** Landfills {#sec-10-csr-25-7.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-7.030}

**History**
- *AUTHORITY: sections 260.370, 260.390, and 260.395, RSMo 1978. adopted: Filed March 13, 1981. Rescinded and readopted: Filed Dec. 13, 1983, effective June 18, 1984. Rescinded: Filed Dec. 16, 1985, effective Oct. 1, 1986.*

##### **10 CSR 25-7.040** Land Treatment adopted: Filed March 13, 1981, effective July 13, 1981. Rescinded {#sec-10-csr-25-7.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-7.040}

##### **10 CSR 25-7.050** Storage in Tanks and Containers {#sec-10-csr-25-7.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-7.050}

Filed Aug. 13, 1982, effective Jan. 14, 1983. Rescinded and readopted: Filed Dec. 13, 1983, effective June 18, 1984. Rescinded:

Filed Dec. 16, 1985, effective Oct. 1, 1986.

**History**
- *AUTHORITY: sections 260.370, 260.390 and 260.295, RSMo 1978. adopted: Filed March 13, 1981, effective July 13, 1981. Amended:*

##### **10 CSR 25-7.060** Surface Impoundments Original rule filed March 13, 1981, effective July 13, 1981. Rescinded {#sec-10-csr-25-7.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-7.060}

##### **10 CSR 25-7.070** Treatment Facilities {#sec-10-csr-25-7.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-7.070}

Original rule filed March 13, 1981, effective July 13, 1981. Rescinded

**History**
- *AUTHORITY sections 260.370, 260.390 and 260.395, RSMo 1978.*

##### **10 CSR 25-7.080** Waste Piles Original rule filed Dec. 13, 1983, effective June 18, 1984. Rescinded: {#sec-10-csr-25-7.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-7.080}

Filed Dec. 16, 1985, effective Oct. 1, 1986.

##### **10 CSR 25-7.264** Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities {#sec-10-csr-25-7.264 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-7.264}

PURPOSE: This rule incorporates and modifies the federal regulations in 40 CFR part 264 by reference and sets forth additional state requirements. by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) The regulations set forth in 40 CFR part 264, July 1, 2024, Documents, Pittsburgh, PA 15250-7954, are incorporated by reference. This rule does not incorporate any subsequent amendments or additions. Except as provided otherwise in this rule, the substitution of terms set forth in 10 CSR 25-3.260(1)(A) apply in this rule in addition to any other modification set forth in

section (2) of this rule. Where conflicting rules exist in 10 CSR 25, the more stringent rules control, but in no circumstance shall the more stringent rule violate the statutory requirements set forth in 260.373, RSMo.

(2) The owner or operator of a permitted hazardous waste treatment, storage, or disposal facility shall comply with this

section in addition to the regulations of 40 CFR part 264. Where conflicting rules exist in 10 CSR 25, the more stringent rules control, but in no circumstance shall the more stringent rule violate the statutory requirements set forth in section 260.373, RSMo. (Comment: This section has been organized so that all Missouri additions, changes, or deletions to any subpart of the federal regulations are noted within the corresponding subsection of this section. For example, the requirements to be added to 40 CFR part 264 subpart E are found in subsection (2)

(E) of this rule.)

(A) General. (Reserved)

(B) General Facility Standards. (Reserved)

(C) Preparedness and Prevention. (Reserved)

(D) Contingency Plan and Emergency Procedures. This sub-

section sets forth requirements which modify or add to those requirements in 40 CFR part 264 subpart D.

1. The government official described in 40 CFR 264.56(d)

(2) incorporated in this rule as the on-scene coordinator shall be contacted and further identified in the report as one (1) of the following:

A. The department’s Emergency Response Coordinator (573) 634-2436 or (573) 634-CHEM;

B. The EPA Region VII Emergency Planning and Response Branch (913) 281-0991; or C. The National Response Center identified in 40 CFR 264.56(d)(2), incorporated in this rule.

2. In lieu of listing the name, address, and office and home phone numbers of each emergency coordinator, the Contingency Plan may list the name and emergency telephone number(s) for each emergency coordinator. In situations where the facility has an emergency coordinator continuously on duty because it operates twenty-four (24) hours per day, every day of the year, the plan may list the staffed position (e.g., operations manager, shift coordinator, shift operations supervisor) as well as an emergency telephone number that can be guaranteed to be answered at all times.

(E) Manifest System, Recordkeeping, and Reporting. In addition to those requirements in 40 CFR part 264 subpart E, the owner or operator of a hazardous waste management facility shall submit a report to the department as set forth in 10 CSR 25-12.

(F) Releases From Solid Waste Management Units. (Reserved)

(G) Closure and Post-Closure. (Reserved)

(H) Financial Assurance Requirements. (Reserved)

(I) Containers. (Reserved)

(J) Tanks. (Reserved)

(K) Surface Impoundments. (Reserved)

(L) Waste Piles. (Reserved)

(M) Land Treatment. (Reserved)

(N) Landfills. (Reserved)

(O) Incinerators. (Reserved)

(P) (Reserved)

(Q) (Reserved)

(R) (Reserved)

(S) Corrective Action for Solid Waste Management Units.

(T) (Reserved)

(U) (Reserved)

(V) (Reserved)

(W) Drip Pads. Wood-treating facilities will have two (2) years from the effective date of this rule to establish compliance with the requirements of 40 CFR 264 Subpart W. However, a wood-treating facility may submit to the department a request for an extension of up to one (1) year to complete site characterization or remediation of contaminated soils prior to installing a Subpart W compliant drip pad. The request for an extension should demonstrate that the circumstances leading to the need for the extension were unexpected or beyond the facility’s control.

(X) Miscellaneous Units. (Reserved)

(Y) (Reserved)

(Z) (Reserved)

(AA) Air Emission Standards for Process Vents. (Reserved)

(BB) Air Emis sion Stand ards for Equip ment Leaks. (Reserved)

(CC) Air Emission Standards for Tanks, Surface Impoundments, and Containers. (Reserved)

(DD) Containment Buildings. (Reserved)

(EE) Hazardous Waste Munitions and Explosive Storage.

(FF) Fees for the Electronic Hazardous Waste Manifest Program. (Reserved)

(3) Permitted hazardous waste treatment, storage, or disposal (TSD) facilities that accept and/or ship hazardous waste via railroad tank car (railcar) shall comply with the requirements for container storage in 40 CFR part 264 subpart I, as incorporated by reference in 10 CSR 25-7.264(1), or the following requirements for railcar management.

(A) The owner or operator shall submit a railcar management plan with the application for a TSD permit. Permitted facilities that currently accept or ship hazardous waste via railcars shall request a Class I permit modification that requires prior department approval for the railcar management plan according to the procedures defined in 40 CFR 270.42 as incorporated in 10 CSR 25-7.270(1).

1. The railcar management plan shall describe steps to be taken by the facility in order to comply with the requirements of subsections (3)(B)–(F).

2. The railcar management plan shall be maintained at the facility.

(B) Railcars shall not be used as container or tank storage units at a facility unless the owner or operator complies with the standards for container storage set forth in 40 CFR part 264 subpart I as incorporated in this rule and 40 CFR 270.15 as incorporated in 10 CSR 25-7.270. During the time allowed for loading and unloading as set forth in this section, the railcar is not considered to be in storage.

1. The owner or operator shall ship hazardous wastes loaded onto a railcar within seventy-two (72) hours after loading is initiated. For the purposes of this section, shipment occurs when— A. The transporter signs and dates the manifest acknowledging acceptance of the hazardous waste;

B. The transporter returns a signed copy of the manifest to the facility; and C. The railcar crosses the property boundary line of the TSD facility.

2. The owner or operator shall have a maximum of ten (10) days following receipt of a shipment to unload hazardous waste from incoming railcars. The amount of time allowed for unloading shall be specified in the approved railcar management plan for each facility as part of the permit. The department will review and approve each railcar management plan on a case-by-case basis and will base its decision regarding the time allowed for unloading on factors including but not limited to the size of the rail siding, surveillance and security standards, enclosure of the facility, type, and amount of emergency response equipment, and the facility’s capacity to handle incidents. Unless more time is allowed by an approved railcar management plan, the owner or operator shall unload hazardous waste from an incoming railcar within seventy-two (72) hours of receipt of the shipment. For the purposes of this

section, receipt of the shipment occurs when— A. The owner or operator signs the shipping paper; or B. The owner or operator signs the manifest; or C. The railcar crosses the property boundary line of the TSD facility.

3. The time limits in this subsection may be extended for up to an additional twenty-four (24) hours for Saturdays, Sundays, or public holidays as defined in section 9.010, RSMo, that fall within the time period approved in the railcar management plan.

4. If the owner or operator finds that a railcar shipment must be rejected, the railcar shall be shipped within twentyfour (24) hours of that determination, or within the time period approved in the railcar management plan, whichever is later. The rejection and the reasons for the rejection shall be documented in the facility’s operating record.

5. The owner or operator shall attempt to arrange for the rail carrier to provide the owner or operator a notification detailing when a railcar was picked up from the facility or when a railcar was delivered to the facility. If the rail carrier declines to enter into such arrangements, the owner or operator must document the refusal in the operating record.

The time limitations set forth in this subsection must be documented by recording dates and times in the facility’s operating record.

6. If the loading and unloading time frames specified in this section are exceeded, then the owner or operator utilizing railcars shall comply with the standards for container storage in 40 CFR part 264 subpart I, as incorporated in this rule, and with 40 CFR 270.15, as incorporated in 10 CSR 25-7.270.

(C) The owner or operator shall comply with 40 CFR 264.17, incorporated in this rule, during railcar loading and unloading.

Additional specific precautions to be taken shall include facility design, construction, operation, and maintenance standards as specified in “Loading and Unloading Operations: Tank Vehicles and Tank Cars” in section 5-4.4.1 of the 1993 Edition of the National Fire Protection Association Flammable and Combustible Liquids Code (NFPA 30).

(D) The owner or operator shall provide security for railcars at the facility by utilizing one (1) of the alternatives specified in 40 CFR 264.14(b), as incorporated in this rule. If the owner or operator demonstrates that it is not practical to provide security for railcars at the facility as specified in 40 CFR 264.14(b), incorporated in this rule, railcars shall be secured by locking all fill and drain posts upon receipt of a loaded railcar or upon completion of the owner or operator’s loading procedures. The locks must remain in place until the owner or operator begins unloading procedures or until the rail carrier picks up the loaded or rejected railcar for transport off-site.

(E) In accordance with 40 CFR 264.15, incorporated in this

rule, the owner or operator shall inspect railcars and surrounding areas, at least daily, looking for leaks and for deterioration caused by corrosion or other factors.

(F) In accordance with 40 CFR part 264 subpart C and 40 CFR part 264 subpart D, as incorporated in this rule, the owner or operator shall develop preparedness and prevention procedures and a contingency plan for railcars. If the owner or operator has not prepared a Spill Prevention Control and Countermeasures (SPCC) Plan for hazardous waste, then one (1) must be developed that parallels requirements and guidelines as specified in 40 CFR part 112 for oil. At a minimum, the SPCC Plan must include adequate spill response equipment and preventative measures, such as dikes, curbing, and containment systems.

(4) Appendixes.

(A) Appendix I to Part 264 Recordkeeping Instructions.

(B) Appendixes II-III to Part 264. (Reserved)

(C) Appendix IV to Part 264 Cochran’s Approximation to the Behrens-Fisher Students’ t-test. (Reserved)

(D) Appendix V to Part 264 Examples of Potentially Incompatible Waste. (Reserved)

(E) Appendix VI to Part 264 Political Jurisdictions 1 in Which Compliance With Section 264.18(a) Must Be Demonstrated.

(F) Appendixes VII-VIII to Part 264. (Reserved)

(G) Appendix IX to Part 264 Ground-Water Monitoring List.

Filed Aug. 14, 1986, effective Jan. 1, 1987. Amended: Filed Feb. 3, 1987, effective Aug. 1 1987. Amended: Filed Dec. 1, 1987, effective Aug. 12, 1988. Amended: Filed Feb. 16, 1990, effective Dec. 31, 1990.

Amended: Filed Jan. 15, 1991, effective Aug. 1, 1991. Amended:

Filed Feb. 14, 1992, effective Dec. 3, 1992. Amended: Filed Jan. 5, 1993, effective Aug. 9, 1993. Amended: Filed June 3, 1993, effective Jan. 31, 1994. Amended: Filed Jan. 5, 1994, effective Aug. 28, 1994.

Amended: Filed Aug. 16, 1995, effective April 30, 1996. Amended:

Filed June 1, 1998, effective Jan. 30, 1999. Amended: Filed Feb. 1, 2001, effective Oct. 30, 2001. Amended: Filed March 31, 2006, effective Dec. 30, 2006. Amended: Filed Oct. 15, 2008, effective June 30, 2009. Amended: Filed April 15, 2011, effective Dec. 30, 2011.

Amended: Filed April 15, 2015, effective Dec. 30, 2015. Amended:

Filed June 14, 2018, effective March 30, 2019. Amended: Filed July 10, 2024, effective Feb. 28, 2025. *Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010; 260.390, RSMo 1977, amended 1980, 1983, 1985, 1993, 2013; and 260.395, RSMo 1977, amended 1980, 1983, 1985, 1988, 2000, 2013, 2015.

**History**
- *AUTHORITY: sections 260.370, 260.390, and 260.395, RSMo 2016. Original rule filed Dec. 16, 1985, effective Oct. 1, 1986. Amended:*

##### **10 CSR 25-7.265** Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities {#sec-10-csr-25-7.265 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-7.265}

PURPOSE: This rule incorporates 40 CFR part 265 by reference and sets forth additional state standards.

(1) The regulations set forth in 40 CFR part 265, July 1, 2024, (2) The owner or operator of a treatment, storage, or disposal (TSD) facility shall comply with the requirements noted in this

section in addition to requirements set forth in 40 CFR part 265 incorporated in this rule. (Comment: This section has been organized so that all Missouri additions, changes, or deletions to any subpart of the federal regulations are noted within the corresponding subsection of this section. For example, the additional requirements to be added to 40 CFR part 265 subpart A are found in subsection (2)(A) of this rule.)

(A) General. In addition to the requirements in 40 CFR part 265 subpart A, the following regulations also apply:

1. State interim status is authorization to operate a hazardous waste TSD facility pursuant to section 260.395.15, RSMo, 10 CSR 25-7.265, and 10 CSR 25-7.270 until the final administrative disposition of the permit application is made or until interim status is terminated pursuant to 10 CSR 25-7.270. The owner or operator of a facility or unit operating under state interim status shall comply with the requirements of this rule and 10 CSR 25-7.270. In addition to providing notification to the Environmental Protection Agency, the owner or operator is required to provide department notification in accordance with 10 CSR 25-7.270.

(B) General Facility Standards. (Reserved)

(C) Preparedness and Prevention. (Reserved)

(D) Contingency Plan and Emergency Procedures. (Reserved)

(E) Manifest System, Recordkeeping, and Reporting. In addition to those requirements in 40 CFR part 265 subpart E, all owners or operators shall comply with the reporting requirements in 10 CSR 25-12 regardless of whether the owner or operator is required to register as a generator pursuant to 10 CSR 25-5.262(2)(A)1.

(F) Groundwater Monitoring. (Reserved)

(G) Closure and Post-Closure. (Reserved)

(H) Financial Assurance Requirements. (Reserved)

(I) Use and Management of Containers. (Reserved)

(J) Tank Systems. (Reserved)

(K) Surface Impoundments. (Reserved)

(L) Waste Piles. (Reserved)

(M) Land Treatment. (Reserved)

(N) Landfills. (Reserved)

(O) Incinerators. (Reserved)

(P) Thermal Treatment. (Reserved)

(Q) Chemical, Physical, and Biological Treatment. (Reserved)

(R) Underground Injection. 40 CFR part 265 subpart R is not incorporated by reference.

(S) (Reserved)

(T) (Reserved)

(U) (Reserved)

(V) (Reserved)

(W) Drip Pads. Wood-treating facilities will have two (2) years from the effective date of this rule to establish compliance with the requirements of 40 CFR 264 Subpart W. However, a wood-treating facility may submit to the department a request for an extension of up to one (1) year to complete site characterization or remediation of contaminated soils prior to installing a Subpart W compliant drip pad. The request for an extension should demonstrate that the circumstances leading to the need for the extension were unexpected or beyond the facility’s control.

(X) (Reserved)

(Y) (Reserved)

(Z) (Reserved)

(AA) Air Emission Standards for Process Vents. (Reserved)

(BB) Air Emission Standards for Equipment Leaks. (Reserved)

(CC) Air Emission Standards for Tanks, Surface Impoundments, and Containers. (Reserved)

(DD) Containment Buildings. (Reserved)

(EE) Hazardous Waste Munitions and Explosives Storage.

(FF) Fees for the Electronic Hazardous Waste Manifest Program. (Reserved)

(3) Appendixes.

(A) Appendix I to Part 265 Recordkeeping Instructions.

(B) Appendix II to Part 265. (Reserved)

(C) Appendix III to Part 265 EPA Interim Primary Drinking Water Standards. (Reserved)

(D) Appendix IV to Part 265 Tests for Significance. (Reserved)

(E) Appendix V to Part 265 Examples of Potentially Incompatible Waste. (Reserved)

(F) Appendix VI to Part 265 Compounds With Henry’s Law Constant Less Than 0.1 Y/X. (Reserved)

Filed Aug. 14, 1986, effective Jan. 1, 1987. Amended: Filed Feb. 3, 1987, effective Aug. 1, 1987. Amended: Filed Dec. 1, 1987, effective Aug. 12, 1988. Amended: Filed Feb. 16, 1990, effective Dec. 31, 1990.

Amended: Filed Jan. 15, 1991, effective Aug. 1, 1991. Amended:

Filed Feb. 14, 1992, effective Dec. 3, 1992. Amended: Filed Jan. 5, 1993, effective Aug. 9, 1993. Amended: Filed June 3, 1993, effective Jan. 31, 1994. Amended: Filed Jan. 5, 1994, effective Aug. 28, 1994.

Amended: Filed Aug. 16, 1995, effective April 30, 1996. Amended:

Filed June 1, 1998, effective Jan. 30, 1999. Amended: Filed Feb. 1, 2001, effective Oct. 30, 2001. Amended: Filed March 31, 2006, effective Dec. 30, 2006. Amended: Filed Oct. 15, 2008, effective June 30, 2009. Amended: Filed April 15, 2011, effective Dec. 30, 2011.

Amended: Filed April 15, 2015, effective Dec. 30, 2015. Amended:

Filed June 14, 2018, effective March 30, 2019. Amended: Filed July 10, 2024, effective Feb. 28, 2025. *Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010; 260.390, RSMo 1977, amended 1980, 1983, 1985, 1993, 2013; and 260.395, RSMo 1977, amended 1980, 1983, 1985, 1988, 2000, 2013, 2015.

**History**
- *AUTHORITY: sections 260.370, 260.390, and 260.395, RSMo 2016. Original rule filed Dec. 16, 1985, effective Oct. 1, 1986. Amended:*

##### **10 CSR 25-7.266** Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities {#sec-10-csr-25-7.266 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-7.266}

PURPOSE: This rule incorporates federal regulations in 40 CFR

part 266 by reference and provides Missouri specific additions, deletions, or changes to the federal regulations. This rule provides limited standards for certain hazardous waste management practices, particularly in regard to recyclable materials and sets forth standards for recyclable materials used in a manner constituting disposal, hazardous waste burned in boilers and industrial furnaces recyclable materials utilized for precious metals recovery, and spent lead-acid batteries being reclaimed.

(1) The regulations set forth in 40 CFR part 266, July 1, 2024, (2) Persons subject to the regulations in 40 CFR part 266 shall comply with the requirements, changes, additions, or deletions noted in this section in addition to 40 CFR part 266 incorporated in this rule.

(A) (Reserved)

(B) (Reserved)

(C) Recyclable Materials Used in a Manner Constituting Disposal. (Reserved)

(D) (Reserved)

(E) (Reserved)

(F) Recyclable Materials Used for Precious Metals Recovery.

(G) Spent Lead-Acid Batteries Being Reclaimed. (Reserved)

(H) Hazardous Waste Burned in Boilers and Industrial Furnaces. (Reserved)

(I) (Reserved)

(J) (Reserved)

(K) (Reserved)

(L) (Reserved)

(M) Military Munitions. Additions, modifications, and deletions to 40 CFR part 266 subpart M “Military Munitions” are— 1. Oral and written notifications required by 40 CFR 266.203(a)(1) and 40 CFR 266.205(a)(1) shall be submitted to the department’s emergency response coordinator at (573) 634- 2436 or (573) 634-CHEM, in lieu of the director.

(N) Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation, and Disposal. (Reserved)

(O) (Reserved)

(P) Hazardous Waste Pharmaceuticals. (Reserved)

(3) Appendixes.

(A) Appendix I to Part 266 Tier I and Tier II Feed Rate and Emissions Screening Limits for Metals. (Reserved)

(B) Appendix II to Part 266 Tier I Feed Rate Screening Limits for Total Chlorine. (Reserved)

(C) Appendix III to Part 266 Tier II Emission Rate Screening Limits for Free Chlorine and Hydrogen Chloride. (Reserved)

(D) Appendix IV to Part 266 Reference Air Concentrations.

(E) Appendix V to Part 266 Risk Specific Doses (10−5).

(F) Appendix VI to Part 266 Stack Plume Rise. (Reserved)

(G) Appendix VII to Part 266 Health-Based Limits for Exclusion of Waste-Derived Residues. (Reserved)

(H) Appendix VIII to Part 266 Organic Compounds for Which Residues Must Be Analyzed. (Reserved)

(I) Appendix IX to Part 266 Methods Manual for Compliance With the BIF Regulations. (Reserved)

(J) Appendix X to Part 266. (Reserved)

(K) Appendix XI to Part 266 Lead-Bearing Materials That May be Processed in Exempt Lead Smelters. (Reserved)

(L) Appendix XII to Part 266 Nickel or Chromium-Bearing Materials That May Be Processed in Exempt Nickel-Chromium Recovery Furnaces. (Reserved)

(M) Appendix XIII to Part 266 Mercury Bearing Wastes That May Be Processed in Exempt Mercury Recovery Units. (Reserved)

Amended: Filed Feb. 16, 1990, effective Dec. 31, 1990. Amended:

Filed Jan. 15, 1991, effective Aug. 1, 1991. Amended: Filed Feb. 14, 1992, effective Dec. 3, 1992. Amended: Filed Jan. 5, 1994, effective Aug. 28, 1994. Amended: Filed Aug. 16, 1995, effective April 30, 1996. Amended: Filed June 1, 1998, effective Jan. 30, 1999.

Amended: Filed Feb. 1, 2001, effective Oct. 30, 2001. Amended:

Filed March 31, 2006, effective Dec. 30, 2006. Amended: Filed Oct. 15, 2008, effective June 30, 2009. Amended: Filed April 15, 2011, effective Dec. 30, 2011. Amended: Filed April 15, 2015, effective Dec. 30, 2015. Amended: Filed June 14, 2018, effective March 30, 2019.

Amended: Filed July 10, 2024, effective Feb. 28, 2025. 2010; 260.373, RSMo 2012, amended 2022; 260.390, RSMo 1977, amended 1980, 1983, 1985, 1993, 2013; and 260.395, RSMo 1977, amended 1980, 1983, 1985, 1988, 2000, 2013, 2015.

**History**
- *AUTHORITY: sections 260.370, 260.390, and 260.395, RSMo 2016, and section 260.373, RSMo Supp. 2024. Original rule filed Dec. 16, 1985, effective Oct. 1, 1986. Amended: Filed Feb. 3, 1987, effective Aug. 1, 1987. Amended: Filed Dec. 1, 1987, effective Aug. 12, 1988.*

##### **10 CSR 25-7.268** Land Disposal Restrictions {#sec-10-csr-25-7.268 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-7.268}

PURPOSE: This rule establishes standards and requirements that identify hazardous wastes that are restricted from land disposal.

(1) The regulations set forth in 40 CFR part 268, July 1, 2024, (2) Persons who generate or transport hazardous waste and owners or operators of hazardous waste treatment, storage, and disposal facilities shall comply with this section in addition to the regulations in 40 CFR part 268. (Comment: This section has been organized so that all Missouri additions, changes, or deletions to any subpart of the federal regulations are noted within the corresponding subsection of this section. For example, the changes to 40 CFR part 268 subpart A are found in subsection (2)(A) of this rule.)

(A) General.

1. (Reserved)

2. The state cannot be delegated the authority from the United States Environmental Protection Agency (EPA) to approve extensions to effective dates of any applicable restrictions, as provided in 40 CFR 268.5 incorporated in this

rule. The substitution of terms in 10 CSR 25-3.260(1)(A) does not apply in 40 CFR 268.5 as incorporated in this rule. This modification does not relieve the regulated person of their responsibility to comply with 40 CFR 268.5 of the federal hazardous waste management regulations.

3. The state cannot be delegated the authority from the EPA to approve exemptions from prohibitions for the disposal of a restricted hazardous waste in a particular unit(s) based upon a petition demonstrating, to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the disposal unit(s) for as long as the wastes remain hazardous as provided in 40 CFR 268.6 incorporated in this

rule. The substitution of terms in 10 CSR 25-3.260(1)(A) does not apply in 40 CFR 268.6 as incorporated in this rule. This modification does not relieve the regulated person of their responsibility to comply with 40 CFR 268.6 of the federal hazardous waste management regulations.

(B) 40 CFR part 268 subpart B, Schedule for Land Disposal Prohibition and Establishment of Treatment Standards.

(C) Prohibitions on Land Disposal. (Reserved)

(D) Treatment Standards. This subsection sets forth modifications to 40 CFR part 268 subpart D incorporated by reference in

section (1) of this rule.

1. The state cannot be delegated the authority from the U.S. EPA to allow the use of alternative treatment methods as provided in 40 CFR 268.42(b) incorporated in this rule. The substitution of terms in 10 CSR 25-3.260(1)(A) does not apply in 40 CFR 268.42(b) as incorporated in this rule. This modification does not relieve the regulated person of his/her responsibility to comply with 40 CFR 268.42(b) of the federal hazardous waste management regulations.

2. The state cannot be delegated the authority from the U.S. EPA to approve variances from treatment standards as provided in 40 CFR 268.44 incorporated in this rule. The substitution of terms in 10 CSR 25-3.260(1)(A) does not apply in 40 CFR 268.44, as incorporated in this rule. This modification does not relieve the regulated person of his/her responsibility to comply with 40 CFR 268.44 of the federal hazardous waste management regulations.

(E) Prohibitions on Storage. (Reserved)

(3) Appendixes.

(A) Appendixes I-II to Part 268. (Reserved)

(B) Appendix III to Part 268 List of Halogenated Organic Compounds Regulated Under Section 268.32. (Reserved)

(C) Appendix IV to Part 268 Wastes Excluded From Lab Packs Under the Alternative Treatment Standards of Section 268.42(c).

(D) Appendix V to Part 268. (Reserved)

(E) Appendix VI to Part 268 Recommended Technologies To Achieve Deactivation of Characteristics in Section 268.42.

(F) Appendix VII to Part 268 LDR Effective Dates of Surface Disposed Prohibited Hazardous Wastes. (Reserved)

(G) Appendix VIII to Part 268 LDR Effective Dates of Injected Prohibited Hazardous Wastes. (Reserved)

(H) Appendix IX to Part 268 Extraction Procedure (EP) Toxicity Test Method and Structural Integrity Test (Method 1310B).

(I) Appendix X to Part 268. (Reserved)

(J) Appendix XI to Part 268 Metal Bearing Wastes Prohibited From Dilution in a Combustion Unit According to 40 CFR 268.3(c). (Reserved)

Amended: Filed Jan. 5, 1993, effective Aug. 9, 1993. Amended: Filed Aug. 16, 1995, effective April 30, 1996. Amended: Filed June 1, 1998, effective Jan. 30, 1999. Amended: Filed Feb. 1, 2001, effective Oct. 30, 2001. Amended: Filed March 31, 2006, effective Dec. 30, 2006.

Amended: Filed Oct. 15, 2008, effective June 30, 2009. Amended:

Filed April 15, 2011, effective Dec. 30, 2011. Amended: Filed April 15, 2015, effective Dec. 30, 2015. Amended: Filed July 10, 2024, effective Feb. 28, 2025. 2010; 260.390, RSMo 1977, amended 1980, 1983, 1985, 1993, 2013; 260.395, RSMo 1977, amended 1980, 1983, 1985, 1988, 2000, 2013, 2015; and 260.400, RSMo 1977, amended 1980, 1993.

**History**
- *AUTHORITY: sections 260.370, 260.390, 260.395, and 260.400, RSMo 2016. Original rule filed Feb. 16, 1990, effective Dec. 31, 1990. Rescinded and readopted: Filed Jan. 15, 1991, effective Aug. 1, 1991. Amended: Filed Feb. 14, 1992, effective Dec. 3, 1992.*

##### **10 CSR 25-7.270** Missouri Administered Permit Programs: {#sec-10-csr-25-7.270 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-7.270}

The Hazardous Waste Permit Program

PURPOSE: This rule incorporates the federal regulations in 40 CFR

part 270 by reference and sets forth additional state requirements.

(1) The regulations set forth in 40 CFR part 270, July 1, 2024, except for the changes made at 70 FR 53453, September 8, 2005, as published by the Office of the Federal Register, National Archives and Records Administration, Superintendent of Documents, Pittsburgh, PA 15250-7954, are incorporated by reference. This rule does not incorporate any subsequent exist in 10 CSR 25, the more stringent rules control, but in no (A) Any federal agency, administrator, regulation, or statute that is referenced in 40 CFR part 270 is deleted and the comparable state department, director, rule, or statute as provided in 10 CSR 25-3.260(1)(A) is added in its place except as specified in this rule. The additional substitutions or changes noted in this subsection also apply.

(2) The owner or operator of a permitted hazardous waste treatment, storage, or disposal (TSD) facility shall comply with the requirements noted in this rule along with 40 CFR part 270, incorporated in this rule.

(A) General Information. This subsection sets forth requirements that modify or add to those requirements in 40 CFR part 270 subpart A.

1. In 40 CFR 270.3 “Considerations Under Federal Law,” do not substitute any comparable Missouri statute or administrative rule for the federal acts and regulations. This does not relieve the owner or operator of their responsibility to comply with any applicable and comparable state law or rule in addition to complying with the federal acts and regulations.

(B) Permit Application. This subsection sets forth requirements

subpart B.

1. When a facility is owned by one (1) person but is operated by another person, both the owner and operator shall sign the permit application, and the permit shall be issued to both.

2. Existing hazardous waste management facilities must submit a Part A permit application to the department no later than sixty (60) days after the effective date of state rules, which first require them to comply with the requirements set forth in 10 CSR 25-7.265 or 10 CSR 25-7.266. A facility that did not meet federal notification and Part A submittal requirements under the Hazardous and Solid Waste Amendments (HSWA) does not qualify for state interim status. State interim status is granted to those facilities that either meet federal interim status requirements, are required to meet state interim status requirements because no federal interim status requirements affect the filing, or become subject to regulations under state rules that are not promulgated to meet the requirements of 40 CFR part 271.

3. Claims for confidentiality under 40 CFR 270.12, incorporated in this rule, shall be requested and reviewed according to

section 260.430, RSMo.

4. All plans, designs, engineering reports, and relevant data for construction, alteration, or operation of a hazardous waste facility shall be approved by a registered professional engineer licensed by Missouri, as required by section 260.395.7(2), RSMo.

5. The permit application fee set forth in 10 CSR 25-12.010 shall be submitted with the application.

6. The department will supervise any field work undertaken to collect geologic and engineering data that is to be submitted with the application. A fee shall also be assessed pursuant to

##### **10 CSR 25-12.010** for all costs incurred by the department in the observation of field work, engineering, and geological review of the application, and all other review necessary by the department to verify that the application complies with {#sec-10-csr-25-12.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-12.010}

section 260.395.7., RSMo.

7. For the purposes of notification, the permit application shall include the names and addresses of all persons listed on the facility mailing list as defined in 10 CSR 25-8.124(1)(A)10.C.(I)

(c) submitted in the form of an alphabetical list.

8. The owner or operator of a permitted treatment, storage, and disposal (TSD) facility that accepts and/or ships hazardous waste via railroad tank car (railcar) shall comply with the requirements for container storage in 40 CFR part 264

subpart I, as incorporated by reference in 10 CSR 25-7.264(1), or according to the requirements set forth in 10 CSR 25-7.264(3).

9. The person applying for a permit under sections 260.350–260.433, RSMo, shall comply with the requirements of 10 CSR 25-8.124(1).

(C) Permit Conditions. This subsection sets forth requirements

subpart C.

1. This paragraph sets forth the procedures for issuance of a hazardous waste facility permit, construction certification, and authorization to begin operation.

A. If, after public notice in accordance with 10 CSR 25-8.124 and review of the application, the department determines that the application conforms with the provisions of sections 260.350–260.433, RSMo, and all standards and rules corresponding, the department shall issue the hazardous waste facility permit to the applicant upon payment of a fee of one thousand dollars ($1,000) for each year the permit is to be in effect beyond the first year.

B. The appeal period for a permit or any condition of a permit begins on the date of issuance of the permit as specified in subparagraph (2)(C)1.A. of this rule. However, for the purposes of termination of interim status pursuant to 40 CFR 270.73(a) incorporated in this rule, final administrative disposition of the permit application occurs either— (I) Thirty (30) days after issuance of a final permit pursuant to this rule, unless a notice of appeal is filed with the commission within that time;

(II) Thirty (30) days after permit denial pursuant to this rule, unless a notice of appeal is filed with the commission within that time; or (III) Upon the issuance of a decision by the commission, after timely appeal of an action of this rule.

2. The department may deny the permit application if— A. The applicant fails to submit a complete application in accordance with, and within the time specified in, a notice of deficiency issued pursuant to 10 CSR 25-8.124(1)(A)3.;

B. The department determines that the application does not conform with the provisions of sections 260.350–260.433, RSMo, and all corresponding standards and rules, or that the facility cannot be effectively operated and maintained in full compliance with sections 260.350–260.433, RSMo, and all corresponding standards and rules, or that the facility is being operated or maintained in violation of a present permit, or that continued operation of the facility presents an unreasonable threat to human health or the environment or will create or allow for the continuance of a public nuisance; or C. The applicant owner or operator fails to submit the permit fees specified in subparagraph (2)(C)1.A. of this rule within thirty (30) days of receipt of notice from the department that the fees are due.

(D) Changes to Permit. (Reserved)

(E) Expiration and Continuation of Permits. (Reserved)

(F) Special Forms of Permits. (Reserved)

(G) Interim Status. This subsection sets forth requirements

subpart G.

1. An owner or operator who becomes regulated under

##### **10 CSR 25-7** shall operate in compliance with interim status in accordance with paragraph (2)(B)2. of this rule. {#sec-10-csr-25-7 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-7}

2. In addition to the items in 40 CFR 270.73 incorporated in this rule, interim status terminates when the department issues an order or commences an action pursuant to paragraph (2)(G)4. of this rule requiring the owner or operator to cease operations and undertake closure actions at the facility or at a unit.

3. The owner or operator, at any time, may voluntarily submit a permit application pursuant to this rule.

4. Upon a determination by the department that the facility is not being operated or cannot be operated in full compliance with the requirements of 10 CSR 25-7.265, the department in lieu of or in addition to requiring the submittal of a permit application pursuant to paragraph (2)(G)1. of this

rule may take an enforcement action pursuant to sections 260.410, 260.420, and 260.425, RSMo, as it deems appropriate under the circumstances in order to fully and effectively protect public health and the environment.

(H) Remedial Action Plans (RAPs). (Reserved)

(I) Integration with Maximum Achievable Control Technology (MACT) Standards. (Reserved)

Amended: Filed Feb. 16, 1990, effective Dec. 31, 1990. Amended:

Filed Jan. 15, 1991, effective Aug. 1, 1991. Amended: Filed Feb. 14, 1992, effective Dec. 3, 1992. Amended: Filed Jan. 5, 1993, effective Aug. 9, 1993. Amended: Filed June 3, 1993, effective Jan. 31, 1994.

Amended: Filed Jan. 5, 1994, effective Aug. 28, 1994. Amended:

Filed April 4, 1994, effective Oct. 30, 1994. Amended: Filed Aug. 16, 1995, effective April 30, 1996. Amended: Filed June 1, 1998, effective Jan. 30, 1999. Amended: Filed Feb. 1, 2001, effective Oct. 30, 2001. Amended: Filed March 31, 2006, effective Dec. 30, 2006.

Amended: Filed Oct. 15, 2008, effective June 30, 2009. Amended:

Filed April 15, 2011, effective Dec. 30, 2011. Amended: Filed April 15, 2015, effective Dec. 30, 2015. Amended: Filed June 14, 2018, effective March 30, 2019. Amended: Filed July 10, 2024, effective Feb. 28, 2025. 2010; 260.373, RSMo 2012, amended 2022; 260.390, RSMo 1977, amended 1980, 1983, 1985, 1993, 2013; and 260.395, RSMo 1977, amended 1980, 1983, 1985, 1988, 2000, 2013, 2015.

**History**
- *AUTHORITY: sections 260.370, 260.390, and 260.395, RSMo 2016, and section 260.373, RSMo Supp. 2024. Original rule filed Dec. 16, 1985, effective Oct. 1, 1986. Amended: Filed Feb. 3, 1987, effective Aug. 1, 1987. Amended: Filed Dec. 1, 1987, effective Aug. 12, 1988.*

### **Chapter 8** Public Participation and General Procedural Requirements

##### **10 CSR 25-8.010** Public Participation and General Procedural Requirements Commission Procedural Requirements {#sec-10-csr-25-8.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-8.010}

##### **10 CSR 25-8.010** Public Participation and General Procedural Requirements {#sec-10-csr-25-8.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-8.010}

(Rescinded January 30, 1999)

Amended: Filed Jan. 15, 1991, effective Aug. 1, 1991. Rescinded and readopted: Filed Sept. 4, 1991, effective Feb. 6, 1992. Amended:

Filed June 3, 1993, effective Jan. 31, 1994. Rescinded: Filed June 1, 1998, effective Jan. 30, 1999.

**History**
- *AUTHORITY: sections 260.370, RSMo Supp. 1988 and 260.400, 260.405 and 260.437, RSMo 1986. Original rule filed March 13, 1979, effective Jan. 1, 1980. Rescinded and readopted: Filed April 14, 1982, effective Oct. 11, 1982. Rescinded and readopted: Filed Dec. 13, 1983, effective June 18, 1984. Amended: Filed Dec. 16, 1985, effective Oct. 1, 1986. Amended: Filed Dec. 1, 1987, effective Aug. 12, 1988. Amended: Filed Feb. 16, 1990, effective Dec. 31, 1990.*

##### **10 CSR 25-8.124** Procedures for Decision Making {#sec-10-csr-25-8.124 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-8.124}

PURPOSE: This rule reflects the requirements of the federal regulations in 40 CFR part 124, with modifications and additional requirements established by the Revised Statutes of Missouri.

This rule establishes the requirements for public notice and public participation in the issuance, denial, modification, and revocation of hazardous waste management facility permits, appeal hearings, variance petitions, and closure and post-closure activities.

This rule also specifies procedures for the issuance, modification, and revocation of resource recovery facility certifications and the issuance and revocation of transporter licenses.

(1) The regulations set forth in 40 CFR part 124, July 1, 2024, as published by the Office of the Federal Register, National Archives and Records Administration, Superintendent of Documents, Pittsburgh, PA 15250-7954, are incorporated by reference. Except as provided otherwise in this rule, the substitution of terms set forth in 10 CSR 25-3.260(1)(A) apply in this rule, in addition to any other modifications established in paragraph (1)(A)2. of this rule. Where conflicting rules exist in 10 CSR 25, the more stringent rules control. (Comment: This

section has been organized so that Missouri requirements analogous to a particular lettered subpart in 40 CFR part 124 are set forth in the corresponding lettered subsection of section (1) of this rule. For example, the general program requirements in 40 CFR part 124 subpart A, with Missouri modifications, are found in subsection (1)(A) of this rule.)

(A) This subsection sets forth requirements that correspond to those requirements in 40 CFR part 124 subpart A.

1. Purpose and scope. This subsection contains procedures for the review, issuance, class 3 or department-initiated modification, total modification, or revocation of all permits issued pursuant to sections 260.350 through 260.433, RSMo.

This subsection also contains procedures for the denial of a permit, either in its entirety or as to the active life of a hazardous waste management facility or unit, under 40 CFR 270.29, as incorporated in 10 CSR 25-7.270. Interim status is not a permit and is covered by specific provisions in 10 CSR 25-7.265 and 10 CSR 25-7.270. Class 1 or class 2 permit modifications, as defined in 40 CFR 270.42 as incorporated in 10 CSR 25-7.270, are not subject to the requirements of this subsection.

2. Definitions. In addition to the definitions given in 40 CFR 270.2, as incorporated in 10 CSR 25-7.270, the definitions below apply to this rule:

A. “Draft permit” means a document prepared under paragraph (1)(A)6. of this rule indicating the department’s tentative decision to issue, deny, modify in part or in total, revoke, or reissue a “permit.” A notice of intent to revoke, as discussed in subparagraph (1)(A)5.D. of this rule, and a notice of intent to deny, as discussed in subparagraph (1)(A)6.B. of this rule, are types of draft permits. A denial of a request for modification, total modification, or revocation of a permit, as discussed in subparagraph (1)(A)5.B. of this rule, is not a type of “draft permit”;

B. “Formal hearing” means any contested case held under section 260.400, RSMo;

C. “Permit application” means the U.S. Environmental Protection Agency standard national forms for applying for a permit, including any additions, revisions, or modifications to the forms; or forms approved by the U.S. Environmental Protection Agency for use in Missouri, including any approved modifications or revisions. It also includes the information specified by the department under 40 CFR 270.14–270.29, as incorporated into 10 CSR 25-7.270;

D. “Public hearing” means any hearing on a tentative decision at which any member of the public is invited to give oral or written comments;

E. “Revocation” means the termination of a permit;

F. “Schedule of compliance” means a schedule of remedial measures in a permit, including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with sections 260.350 through 260.433, RSMo;

G. “Total modification” means the revocation and reissuance of a permit;

H. “Site” means the land or water area where any “facility or activity” is physically located or conducted, including adjacent land used in connection with the facility or activity; and I. “Variance” means any variation from the Missouri Hazardous Waste Management Law as defined in section 260.405, RSMo.

3. Application for a permit.

A. Any person who requires a permit shall complete, sign, and submit to the department a permit application for each permit required under 40 CFR 270.1, as incorporated in 10 CSR 25-7.270. Permit applications are not required for permits by rule per 40 CFR 270.60, as incorporated in 10 CSR 25-7.270. The department shall not begin the processing of a permit until the applicant has fully complied with the permit application requirements for that permit, as provided under 40 CFR 270.10 and 270.13, as incorporated in 10 CSR 25-7.270.

Permit applications shall comply with the signature and certification requirements of 40 CFR 270.11, as incorporated in 10 CSR 25-7.270(2)(B)1., and 10 CSR 25-7.270.

B. Reserved.

C. The department shall review for completeness every permit application. Each permit application submitted by a new facility should be reviewed for completeness by the department within thirty (30) days of its receipt. Each permit application submitted by an existing facility should be reviewed for completeness by the department within sixty (60) days of its receipt. Upon completing the review, the department will notify the applicant in writing whether the permit application is complete. If the permit application is incomplete, the department will list the information necessary to make the permit application complete. When the permit application is for an existing facility, the department will specify, in the notice of deficiency, a date for submitting the necessary information. The department will notify the applicant that the permit application is complete upon receiving the required information. After the permit application is complete, the department may request additional information from an applicant, but only as necessary to clarify, modify, or supplement previously submitted material. Requests for such additional information will not render a permit application incomplete.

D. If an applicant fails or refuses to correct deficiencies in the permit application, the permit may be denied and enforcement actions may be taken under the applicable statutory provisions of sections 260.350 through 260.433, RSMo.

E. If the department decides that a site visit is necessary for any reason in conjunction with the processing of a permit application, the department will notify the applicant and a date will be scheduled.

F. The effective date of a permit application is the date the department notifies the applicant that the permit application is complete, as provided in subparagraph (1)(A)3.C.

G. For each permit application the department will, no later than the effective date of the permit application, prepare and mail to the applicant a project decision schedule. The schedule will specify target dates by which the department intends to— (I) Prepare a draft permit;

(II) Give public notice;

(III) Complete the public comment period, including any public hearing; and (IV) Issue a final permit decision.

H. Whenever a facility or activity requires more than one (1) type of environmental permit from the state, the applicant may request, or the department may offer, a unified permitting schedule that covers the timing and order to obtain such permits, as provided in section 640.017, RSMo, and 10 CSR 1-3.010.

4. Reserved.

5. Modification, total modification, or revocation of permits.

A. Permits may be modified in part or in total, or revoked, either at the request of the permittee or of any interested person or upon the department’s initiative. However, permits may only be modified or revoked for the reasons specified in 40 CFR 270.41 or 40 CFR 270.43, as incorporated in 10 CSR 25-7.270.

All requests shall be in writing and shall contain facts and reasons supporting the request.

B. If the department decides the request is not justified, a brief written response giving a reason for the decision shall be sent to the person requesting the permit modification and to the permittee. Denial of a request for modification, in part or in total, or revocation of a permit is not subject to public notice, comment, or hearing, and is not appealable under section (2)

C. Tentative decision to modify.

(I) If the department tentatively decides to modify a permit in part or in total, a draft permit incorporating the proposed changes will be prepared according to paragraph (1)(A)6. of this rule. The department may request additional information and, in the case of a partial permit modification, may require the submission of an updated permit application.

In the case of a total permit modification, the department will require the submission of a new permit application.

(II) When a permit is partially modified under this paragraph, only the conditions being modified are reopened.

All other conditions of the original permit remain in effect for the duration of the existing permit. When a permit is totally modified under this paragraph, the entire permit is reopened just as if the permit had expired and was being reissued.

During any total modification, the permittee complies with all conditions of the existing permit until a new, final permit is issued.

(III) “Class 1 and class 2 permit modifications” as defined in 40 CFR 270.42, as incorporated in 10 CSR 25-7.270, are not subject to the requirements of this paragraph.

D. If the department tentatively decides to revoke a permit, the department will issue a notice of intent to revoke.

A notice of intent to revoke is a type of draft permit and follows the same procedures as any draft permit decision prepared under paragraph (1)(A)6. of this rule.

E. Reserved.

F. Reserved.

G. Reserved.

6. Draft permits.

A. Once the technical review of a permit application is complete, the department shall tentatively decide whether to prepare a draft permit, or deny the permit application.

B. If the department tentatively decides to deny the permit application, a notice of intent to deny shall be issued.

A notice of intent to deny is a type of draft permit and follows the same procedures as any draft permit decision prepared under this paragraph. If the department’s final decision under paragraph (1)(A)15. of this rule is that the tentative decision to deny the permit application was incorrect, the department shall withdraw the notice of intent to deny and prepare a draft permit under this paragraph.

C. Reserved.

D. If the department tentatively decides to prepare a draft permit, the department will prepare a draft permit that contains the following information:

(I) All conditions under 40 CFR 270.30 and 270.32, as incorporated in 10 CSR 25-7.270;

(II) All compliance schedules under 40 CFR 270.33, as incorporated in 10 CSR 25-7.270;

(III) All monitoring requirements under 40 CFR 270.31, as incorporated in 10 CSR 25-7.270; and (IV) Standards for treatment, storage, and/or disposal and other permit conditions under 40 CFR 270.30, as incorporated in 10 CSR 25-7.270.

E. All draft permits prepared under this paragraph will be accompanied by a fact sheet per paragraph (1)(A)8. of this

rule, publicly noticed per paragraph (1)(A)10. of this rule, and made available for public comment per paragraph (1)(A)11. of this rule. The department will give notice of opportunity for a public hearing per paragraph (1)(A)12. of this rule, issue a final decision per paragraph (1)(A)15. of this rule, and respond to comments per paragraph (1)(A)17. of this rule. An appeal may be filed under section (2) of this rule.

F. Prior to making the draft permit available for public comment, the department shall deliver the draft permit to the applicant for review, as provided in section 640.016.2, RSMo.

The applicant shall have ten (10) days to review the draft permit for nonsubstantive drafting errors. The department shall make the applicant’s changes to the draft permit within ten (10) days of receiving the applicant’s review and then submit the draft permit for public comment. The applicant may waive the opportunity to review the draft permit prior to public notice.

7. Reserved.

8. Fact sheet.

A. A fact sheet will be prepared for every draft permit.

The fact sheet will briefly set forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. The department will send this fact sheet to the applicant and to any person who requests a copy.

B. The fact sheet shall include, when applicable— (I) A brief description of the type of facility or activity which is the subject of the draft permit;

(II) The type and quantity of wastes, fluids, or pollutants which are proposed to be or are being treated, stored, disposed of, injected, emitted, or discharged;

(III) Reserved;

(IV) A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions;

(V) Reasons why any requested variances or alternatives to applicable standards do or do not appear justified;

(VI) A description of the procedures for reaching a final decision on the draft permit including— (a) The beginning and ending dates of the public comment period under paragraph (1)(A)10. of this rule and the address where comments will be received;

(b) Procedures for requesting a hearing and the nature of that hearing; and (c) Any other procedures by which the public may participate in the final decision;

(VII) Name and telephone number of a department contact for additional information;

(VIII) Reserved;

(IX) Reserved.

9. Reserved.

10. Public notice of permit actions and public comment period.

A. Scope.

(I) The department will give public notice that the following actions have occurred:

(a) A notice of intent to deny a permit application has been prepared under subparagraph (1)(A)6.B. of this rule;

(b) A draft permit has been prepared under subparagraph (1)(A)6.D. of this rule;

(c) A hearing has been scheduled under paragraph (1)(A)12. of this rule; or (d) A notice of intent to revoke a permit has been prepared under subparagraph (1)(A)5.D. of this rule;

(e) Reserved.

(II) No public notice is required when a request for permit modification, in part or in total, or revocation is denied.

A brief written response giving a reason for the decision will be sent to the requester and to the permittee.

(III) Public notices may describe more than one (1) permit or permit action.

B. Timing.

(I) Public notice of the preparation of a draft permit (including a notice of intent to deny a permit application and a notice of intent to revoke a permit) under subparagraph (1)

(A)10.A. of this rule will allow at least forty-five (45) days for public comment.

(II) Public notice of a public hearing will be given at least thirty (30) days before the hearing. Public notice of the hearing may be given at the same time as the public notice of the draft permit, and the two (2) notices may be combined.

C. Methods. Public notice of activities described in part (1)(A)10.A.(I) of this rule will be given by the following methods:

(I) By mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this part may waive their rights to receive notice for any permit):

(a) The applicant;

(b) A copy of the notice shall also be sent to any other department program or federal agency which the department knows has issued or is required to issue a Resource Conservation and Recovery Act (RCRA), Hazardous and Solid Waste Amendments (HSWA), Underground Injection Control (UIC), Prevention of Significant Deterioration (PSD) (or other permit issued under the Clean Air Act), National Pollutant Discharge Elimination System (NPDES), Clean Water Act (CWA)

Section 404 Permits, or sludge management permit for the same facility or activity (including the U.S. Environmental Protection Agency);

(c) Federal and state agencies with jurisdiction over fish, shellfish, and wildlife resources, natural resource management plans, and state historic preservation officers, including any affected states (Indian tribes);

(d) Reserved;

(e) Reserved;

(f) Reserved;

(g) Reserved;

(h) Reserved;

(i) Persons on a mailing list maintained by the facility which is developed by— I. Including those who request to be on the list;

II. Soliciting persons for “area lists” from participants in past permit proceedings in that area;

III. Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in such publications as regional and state-funded newsletters, environmental bulletins, or state law journals. The facility shall be responsible for maintaining and updating the mailing list. The department may require the facility to update the mailing list from time to time by requesting written indication of continued interest from those listed. The facility may remove from the list the name of any person who fails to respond to such a request;

IV. Including all record owners of real property adjoining to the current or proposed facility, in accordance with section 260.395.8, RSMo;

V. Including, for a post-closure disposal facility, all record owners of real property which overlie any known plume of contamination originating from the facility; and VI. Including, for an operating disposal facility, all record owners of real property located within one (1) mile of the outer boundaries of the current or proposed facility, in accordance with section 260.395.8, RSMo;

(j) A copy of the notice shall also be sent to the highest elected official of the county and the highest elected official of the city, town, or village having jurisdiction over the area where the facility is currently or proposed to be located, in accordance with section 260.395.8, RSMo, and each state agency having any authority under state law with respect to the construction or operation of such facility;

(k) Reserved.

(l) Reserved.

(II) Reserved.

(III) Other publication.

(a) Publish a legal notice in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility and broadcast over local radio or television station(s).

(b) For any draft permit that includes active land disposal of hazardous waste, issue a news release to the media serving the area where the facility is currently or proposed to be located, in accordance with section 260.395.8, RSMo.

(IV) Any other method reasonably calculated to give actual notice of the activity to the persons potentially affected by it, including news releases or any other forum or medium to elicit public participation. The applicant may use another medium with prior approval of the department.

(V) The department will mail a copy of the legal notice, fact sheet, and draft permit to a location accessible to the public, in the vicinity of the facility, where the documents can be viewed and copied.

D. Contents.

(I) All notices issued under this paragraph shall contain the following minimum information:

(a) Name and address of the department;

(b) Name and address of the permittee or applicant and, if different, of the facility or activity regulated by the permit;

(c) A brief description of the business conducted at the facility or activity described in the permit application or the draft permit;

(d) Name, address, and telephone number of a department contact person from whom interested persons may obtain additional information;

(e) A brief description of the comment procedures, the date, time, and place of any hearing that will be held, a statement of procedures for requesting a hearing (unless a hearing has already been scheduled), and any other procedures by which the public may participate in the final permit decision;

(f) Reserved;

(g) Reserved;

(h) Reserved;

(i) Reserved;

(j) Any additional information considered necessary or proper by the department;

(k) The location where the information listed in

subpart (1)(A)10.C.(I)(j) of this rule was placed for public review; and (II) In addition to the information listed above, the public notice of a public hearing under paragraph (1)(A)12. of this rule shall contain the following information:

(a) Reference to the date of previous public notices relating to the draft permit;

(b) Date, time, and place of the hearing; and (c) A brief description of the nature and purpose of the hearing, including the applicable rules and procedures;

(d) Reserved.

E. In addition to the notice described in subparagraph (1)(A)10.D. of this rule, the department shall mail a copy of the permit application (if any), draft permit, and fact sheet to all persons identified in subparts (1)(A)10.C.(I)(a), (b), and (c) of this

rule.

11. Public comments and requests for public hearings.

During the public comment period provided under paragraph (1)(A)10. of this rule, any interested person may submit written comments on the draft permit and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and state the nature of the issues to be raised in the hearing. All written comments and oral comments given at the public hearing, if one is held, are considered by the department in making the final permit decision and are answered as provided in paragraph (1)(A)17.

12. Public hearings.

A. In accordance with section 260.395.8, RSMo, the department will hold a public hearing whenever a written request for a hearing is received within forty-five (45) days of the public notice under part (1)(A)10.B.(I) of this rule. In accordance with section 260.395.8, RSMo, for any permit that includes active land disposal of hazardous waste, the department shall hold a public hearing after public notice, as specified in paragraph (1)(A)10. of this rule, before issuing, modifying in total, or renewing the permit, and before any Class 3 or department-initiated permit modification related to the hazardous waste land disposal unit(s), including those necessary due to the department’s five- (5-) year review.

(I) The department may hold a public hearing at its own discretion whenever there is significant public interest in a draft permit or when one (1) or more issues involved in the permit decision requires clarification.

(II) Reserved.

(III) For RCRA permits only.

(a) Reserved.

(b) Whenever possible, the department will schedule a public hearing under this paragraph at a location convenient to the nearest population center to the current or proposed facility.

(IV) Public notice of the public hearing will be given as specified in paragraph (1)(A)10. of this rule.

B. Reserved.

C. Any person may submit written comments or data concerning the draft permit. The department will accept oral comments during the public hearing. Reasonable limits may be set on the time allowed for oral comments. Any person who cannot present oral comments due to time limitations will be provided an opportunity to present written comments.

The public comment period under paragraph (1)(A)10. of this

rule will automatically be extended to the close of any public hearing if the public hearing is held later than forty-five (45) days after the start of the public comment period.

D. A recording or written transcript of the public hearing shall be made available to the public.

13. Obligation to raise issues and provide information during the public comment period. All persons, including the applicant, who believes any condition of a draft permit is inappropriate or that the department’s tentative decision to deny a permit application, prepare a draft permit, or revoke a permit is inappropriate, shall raise all ascertainable issues and submit all relevant arguments supporting their position by the close of the public comment period under paragraph (1)(A)10. of this rule. Any supporting materials that are submitted shall be included in full and may not be incorporated by reference, unless the supporting materials are state or federal statutes and regulations, EPA documents of general applicability, or other generally available reference materials.

14. Reserved.

15. Issuance and effective date of permit.

A. For purposes of this paragraph, a final permit decision means the issuance, denial, class 3 or department-initiated modification, total modification, or revocation of a permit.

After the close of the public comment period under paragraph (1)(A)10. of this rule, the department will issue a final permit decision (or a decision to deny a permit for the active life of a hazardous waste management facility or unit under 40 CFR 270.29, as incorporated in 10 CSR 25-7.270). The department will notify the applicant and each person who submitted written comments, gave oral comments at the public hearing, or requested notice of the final permit decision. This notice will include reference to the procedures for appealing a final permit decision under section (2) of this rule. The department will mail a copy of the final permit decision to the location where the draft permit was placed for public review under

subpart (1)(A)10.C.(IV) of this rule. The department will also send a news release announcing the final permit decision to the media serving the area where the facility is currently or proposed to be located.

B. A final permit issuance, denial, or modification decision (or a decision to deny a permit either in its entirety or as to the active life of a hazardous waste management facility or unit under 40 CFR 270.29, as incorporated in 10 CSR 25-7.270) will become effective on the date the decision is signed by the department. A final permit revocation decision will become effective thirty (30) days after the department signs the decision, unless no comments requested a change in the draft permit revocation decision, in which case the final permit revocation decision will become effective on the date the decision is signed by the department.

16. Reserved.

17. Response to comments.

A. At the same time that any final permit decision is issued under paragraph (1)(A)15. of this rule, the department will issue a response to comments. This response shall— (I) Specify which provisions, if any, of the draft permit have been changed in the final permit decision and the reasons for the change; and (II) Briefly describe and respond to all significant comments on the draft permit raised during the public comment period and public hearing, if one was held.

B. The response to comments will be made available to the public.

C. Reserved.

18. Reserved.

19. Reserved.

20. Computation of time.

A. Any time period scheduled to begin on the occurrence of an act or event begins on the day after the act or event.

B. Any time period scheduled to end before the occurrence of an act or event ends on the last working day before the act or event.

C. If the last day of any time period falls on a weekend or legal holiday, the time period is extended to the next working day.

D. Whenever a party or interested person has the right or is required to act within a specific time period after he or she receives notice by mail, three (3) days is added to the time period to allow for mail delivery.

21. Reserved.

(B) This subsection sets forth requirements that correspond to the requirements in 40 CFR part 124 subpart B. (Comment:

This section has been organized so that Missouri requirements analogous to a particular lettered subpart in 40 CFR part 124 are set forth in the corresponding lettered subsection of section (1) of this rule. For example, the general program requirements in 40 CFR part 124 subpart B 124.31, with Missouri modifications, are found in paragraph (1)(B)1. of this rule.)

1. Pre-application public meeting and notice.

A. The requirements of this paragraph apply to all new permit applications and permit applications for renewal of permits where a substantial change in facility operations is proposed. For purposes of this paragraph, a “substantial change” is any change that would qualify as a class 3 permit modification under 40 CFR 270.42, as incorporated in 10 CSR 25- 7.270. The requirements of this paragraph do not apply to class 1 or class 2 permit modifications, as defined in 40 CFR 270.42, as incorporated in 10 CSR 25-7.270, or permit applications submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.

(I) At least ninety (90) days prior to submitting a permit application to construct, substantially alter, or operate a hazardous waste disposal facility, the applicant shall submit to the department a letter of intent, in accordance with section 260.395.7, RSMo. The department will publish the letter within ten (10) days of receipt. The letter will be published as specified in section 493.050, RSMo. The letter will be published once a week for four (4) consecutive weeks in a newspaper of general circulation serving the county in which the facility is currently or proposed to be located.

B. Prior to submitting a permit application for a facility, the applicant shall hold at least one (1) public meeting to solicit questions from the community and inform the community of proposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide an opportunity for attendees to voluntarily provide their names and addresses.

C. The applicant shall submit a summary of the meeting, the list of attendees and their addresses developed under subparagraph (1)(B)1.B. of this rule, and copies of any written comments or materials submitted at the meeting to the department as a part of the permit application, in accordance with 40 CFR 270.14(b), as incorporated in 10 CSR 25-7.270.

D. The applicant shall provide public notice of the pre-application meeting at least thirty (30) days prior to the meeting. The applicant shall maintain, and provide to the department as part of the permit application, documentation of the notice.

(I) The applicant shall provide public notice in all of the following forms:

(a) A newspaper advertisement. The applicant shall publish a notice as a display advertisement in a newspaper of general circulation serving the county or equivalent jurisdiction where the current or proposed facility is located. In addition, the applicant shall publish the notice in newspapers of general circulation serving adjacent counties or equivalent jurisdictions;

(b) A visible and accessible sign. The applicant shall post a notice on a clearly marked sign at or near the facility. If the applicant places the sign on the facility property, the sign shall be large enough to be read from the nearest point where the public would pass by the site;

(c) A broadcast media announcement. The applicant shall broadcast a notice as a paid advertisement at least once on at least one (1) local radio station or television station. The applicant may employ another medium with the prior written approval of the department; and (d) In addition to the department, the applicant shall send a copy of the newspaper advertisement to the units of state and local government described in subpart (1)(A)10.C.(I)

(j) of this rule.

(II) All notices under this subparagraph shall include— (a) The date, time, and location of the meeting;

(b) A brief description of the purpose of the meeting;

(c) A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the current or proposed facility location;

(d) A statement encouraging people to contact the facility at least seventy-two (72) hours before the meeting if they need special access to participate in the meeting; and (e) The name, address, and telephone number of a contact person for the applicant.

2. Public notice requirements at the permit application stage.

A. Applicability. The requirements of this paragraph apply to all new permit applications for hazardous waste management units and permit applications for renewal of permits for such units under 40 CFR 270.51, as incorporated in 10 CSR 25-7.270. The requirements of this paragraph do not apply to permit modifications, as defined in 40 CFR 270.42, as incorporated in 10 CSR 25-7.270, or permit applications submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.

B. Notification at permit application submittal.

(I) The department shall provide public notice as set forth in subpart (1)(A)10.C.(I)(i) of this rule, and notice to the appropriate units of state and local government as set forth in subpart (1)(A)10.C.(I)(j) of this rule, that a complete permit application has been submitted to the department and is available for review.

(II) The notice will be published within a reasonable period of time after the department determines that the permit application is complete. The notice must include— (a) The name and telephone number of the applicant’s contact person;

(b) The name and telephone number of the department contact person and a mailing address to which information and inquiries may be directed throughout the permitting process;

(c) An address to which people can write in order to be put on the facility mailing list;

(d) A location where copies of the permit application and any supporting documents can be viewed and copied;

(e) A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the current or proposed facility location on the front page of the notice; and (f) The date that the permit application was submitted.

C. Concurrent with the notice under subparagraph (1)(B)2.B. of this rule, the department will place the permit application and any supporting documents in a location accessible to the public in the vicinity of the facility or at the department’s office as identified in the notice.

3. Information repository.

A. Applicability. The requirements of this paragraph apply to all applicants seeking hazardous waste management facility permits.

B. The department shall assess the need, on a case-bycase basis, for a local information repository. When assessing the need for a local information repository, the department will consider a variety of factors, including the level of public interest, the type of facility, and the presence of an existing repository. If the department determines, at any time after submittal of a permit application, that there is a need for a local repository, then the department will notify the facility that it must establish and maintain a local information repository.

C. The information repository shall contain all documents, reports, data, and information deemed necessary by the department to fulfill the purposes for which the repository is established. The department will have the discretion to limit the contents of the repository.

D. The information repository shall be located and maintained at a location chosen by the facility. If the department finds the location unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access, or other relevant considerations, the department will specify a more appropriate location.

E. The department will specify requirements the applicant must meet for informing the public about the local information repository. At a minimum, the department will require the applicant to provide a written notice about the information repository to all individuals on the facility mailing list.

F. The applicant shall be responsible for maintaining and updating the repository with appropriate information throughout the time period specified by the department. The department may close the repository at its discretion, based on the factors in subparagraph (1)(B)3.B. of this rule.

(C) Specific Procedures Applicable to PSD Permits. Reserved.

(D) Specific Procedures Applicable to NPDES Permits. Reserved.

(E) Reserved.

(F) Reserved.

(G) Procedures for RCRA Standardized Permit. Reserved.

(2) Appeal of Final Decision.

(A) For purposes of this section, a final permit decision means the issuance, denial, partial or total modification, or revocation of a permit. The requirements of this section apply to final permit decisions, closure plan approvals, post-closure plan approvals, and any condition of a final permit decision or approval.

(B) The applicant or any aggrieved person may appeal to have the matter heard by the Administrative Hearing Commission.

To initiate the appeal, the aggrieved party must follow the procedure established in sections 260.395.11 and 621.250, RSMo.

Written petitions must be filed within thirty (30) days after the date the final permit decision or approval was mailed or the date it was delivered, whichever was earlier. If the written petition is sent by registered or certified mail, the petition will be deemed filed on the date it was mailed. If the written petition is sent by any other method, the petition will be deemed filed on the date it is received by the Administrative Hearing Commission. The written petition describes the grounds for the appeal and the appeal is limited to issues raised during the public comment period and not resolved in the final permit decision or approval to the applicant’s or aggrieved person’s satisfaction. Issues included in the written petition outside those raised during the public comment period are not considered; however, the Administrative Hearing Commission may consider an appeal of a condition in the final permit decision or approval that was not part of the draft permit or proposal and therefore could not have been commented on during the public comment period.

(C) Any appeal under this section is a contested case and is conducted under section 260.400, RSMo.

(D) Any party described in subsection (2)(G) of this rule may petition the Administrative Hearing Commission for an interlocutory order staying the effectiveness of a final permit decision, a closure plan approval, a post-closure plan approval, or any condition of a final permit decision or approval which is subject to an appeal, until the Missouri Hazardous Waste Management Commission enters its final order upon the appeal. At any time during the proceeding, the applicant may apply to the Administrative Hearing Commission for relief from a stay order previously issued.

1. In determining whether to grant a stay or relief from a stay, the Administrative Hearing Commission will consider the likelihood that the petition will eventually succeed on the merits, the potential for harm to the applicant, business, industry, public health, or the environment if the requested stay or relief is or is not granted, and the potential magnitude of the harm.

2. Any decision concerning a petition for a stay or relief from a stay is not considered a contested case or a final order and is made by a majority of the sitting quorum of the Administrative Hearing Commission.

3. The stay of any final permit decision pending appeal to the Administrative Hearing Commission has the effect of continuing the effect and enforceability of any existing permit until the Missouri Hazardous Waste Management Commission issues a final order upon the appeal, unless the stay is lifted sooner by the Administrative Hearing Commission. During the appeal proceeding, the stay of any condition of a final permit decision pending appeal does not relieve the applicant of complying with all conditions of the final permit decision not stayed.

4. No petition for a stay order or relief from a stay order shall be presented to the Administrative Hearing Commission on less than ten (10) days’ notice to all other parties to the proceeding.

(E) A timely written petition of appeal stays the effectiveness of a final permit revocation decision. If a timely written petition of appeal is not filed, the final permit revocation becomes effective thirty (30) days after the department signs the decision.

(F) Any public notice of appeals, including the time, date, and place of the appeal hearing, will be given by the Administrative Hearing Commission in accordance with section 260.400, RSMo.

(G) The participants in an appeal hearing shall be— 1. The department;

2. The applicant;

3. Any aggrieved person filing a timely written petition of appeal; and 4. Any person who files a timely application for intervention and is granted leave to intervene of right or permissive intervention. Any person desiring to intervene in an appeal shall file with the Administrative Hearing Commission, an application to intervene according to the procedures of Rule 52.12, Supreme Court Rules of Civil Procedure.

A. The application to intervene shall state the interests of the intervener, the grounds upon which intervention is sought, and a statement of the position which the intervener desires to take in the proceeding. The intervener shall serve a copy of the application to intervene on each of the parties to the proceeding as determined under part (1)(A)10.C.(II) of this

rule.

B. The Administrative Hearing Commission or duly appointed hearing officer will grant or deny the application to intervene pursuant to Rule 52.12, Supreme Court Rules of Civil Procedure. The Administrative Hearing Commission or hearing officer may condition any grant of intervention as the circumstances may warrant.

(H) A tape recording or written transcript of the appeal hearing shall be made available to the public.

(3) Transporter License.

(A) Issuance or Denial of a Transporter License.

1. Upon receipt of a complete application for a transporter license, the department will determine whether the application conforms to the requirements of sections 260.385 and 260.395, RSMo, and 10 CSR 25-6.263. The department will notify the applicant of its decision to issue, with or without conditions, or deny the license. If the license is denied, the department will specify the reasons for the denial. No license will be issued until the fees specified in section 260.395.1, RSMo, have been paid.

2. The procedure for appealing a license issuance, denial, or any condition of a license is the same as the procedure for appealing a final permit decision under section (2) of this rule.

(B) Revocation of a Transporter License.

1. Transporter licenses may be revoked for the reasons specified in sections 260.395.3, 260.410.3, and 260.410.4, RSMo, or for failure to comply with sections 260.395.1(2) and 260.395.1(3), RSMo.

2. The department may initiate proceedings to revoke a transporter license. If the department proposes to revoke a transporter license, it will send a notice of intent to revoke by certified mail to the licensee, specifying the provisions of sections 260.350–260.433, RSMo, 10 CSR 25-6.263, the conditions of the license or the provisions of an order issued to the licensee that the licensee has violated, the manner in which the licensee misrepresented or failed to fully disclose relevant facts, or the manner in which the activities of the licensee endanger human health or the environment or are creating a public nuisance.

3. The procedure for appealing a license revocation is the same as the procedure for appealing a permit revocation under

section (2) of this rule. A timely written petition for appeal stays the effectiveness of a license revocation. If a timely written petition for appeal is not filed, the revocation is effective thirty (30) days after the department signs the revocation decision.

(4) Variances.

(A) Applicability. According to section 260.405.1, RSMo, unless prohibited by any federal hazardous waste management act, the Hazardous Waste Management Commission may grant individual variances from the requirements of sections 260.350 to 260.433, RSMo, whenever it is found, upon presentation of adequate proof, that compliance will result in an arbitrary and unreasonable taking of property or in the practical closing and elimination of any lawful business, occupation, or activity, in either case without sufficient corresponding benefit or advantage to the people. The commission will not consider any petition for variance that would permit the occurrence or continuance of a condition that unreasonably poses a present or potential threat to the health of humans or other living organisms. The department may require any petitioner for a variance to submit mailing lists and mailing labels to accomplish the public notice requirements of this section.

(B) Evaluation. Upon receipt of any petition for a variance, the department will evaluate the petition to determine whether the request is substantive or non-substantive based upon the effect of the proposed variance on facility operations, types of waste, type and volume of hazardous waste management units, location of facility, public interest, and compliance

history. Variances from generator or transporter requirements will be deemed non-substantive provided all conditions of

section (3) of this rule are met.

(C) Substantive Variance. If a variance petition is deemed substantive, the department will— 1. Upon receipt— A. Mail a notice to all record owners of real property located within one (1) mile of the outer boundaries of the facility, the highest elected official of the county, and the highest elected official of the city, town, or village having jurisdiction over the area where the facility is located; and B. Issue a news release to the media and publish a legal notice in a newspaper of general circulation serving the area where the facility is located;

2. Within sixty (60) days of receipt— A. Prepare a recommendation as to whether the variance should be granted, granted with conditions, or denied;

B. Submit the recommendation to the Missouri Hazardous Waste Management Commission;

C. Notify the petitioner of the recommendation;

D. Publish a legal notice regarding the recommendation in a newspaper of general circulation serving the area where the facility is located; and E. Mail a notice regarding the recommendation to all record owners of real property adjoining to the facility, the highest elected official of the county, and the highest elected official of the city, town, or village having jurisdiction over the area where the facility is located; and 3. Request a formal hearing before the Missouri Hazardous Waste Management Commission or a duly appointed hearing officer on the variance petition and the department’s recommendation, as provided in section 260.400, RSMo.

(D) Non-Substantive Variance. If a variance petition is deemed non-substantive, the department will comply with paragraph (4)(C)2. of this rule. The Missouri Hazardous Waste Management Commission will hold a formal hearing as provided in section 260.400, RSMo, if requested by the petitioner.

A request for a formal hearing may also be made by any aggrieved person if the department’s recommendation is to grant the variance with or without conditions. Any request by the petitioner or aggrieved person for a formal hearing shall be made in writing within thirty (30) days of the date the legal notice regarding the recommendation is published.

(E) Final Decision. If no formal hearing is requested, the Missouri Hazardous Waste Management Commission shall make a decision on the variance at a public meeting held no earlier than thirty (30) days from the date the legal notice regarding the recommendation was published.

(F) Hearing Procedures. Any hearings under this section are a contested case pursuant to section 260.400 and Chapter 536, RSMo. The participants are the department, the petitioner, any aggrieved person who requests a formal hearing, and any person who files a timely application for intervention and is granted leave to intervene. Any person desiring to intervene shall file an application to intervene with the Missouri Hazardous Waste Management Commission secretary within thirty (30) days from the date the legal notice regarding the recommendation is published.

1. The application to intervene shall state the interests of the intervener, the grounds upon which intervention is sought, and a statement of the position that the intervener desires to take in the proceeding. The intervener shall serve a copy of the application to intervene on each of the parties listed in subsection (4)(F) of this rule.

2. The Missouri Hazardous Waste Management Commission or duly appointed hearing officer will grant or deny the application to intervene pursuant to Rule 52.12, Supreme Court Rules of Civil Procedure. The Missouri Hazardous Waste Management Commission or hearing officer may condition any grant of intervention as the circumstances may warrant.

(G) If the applicant fails to comply with the terms and conditions of the variance as specified by the Missouri Hazardous Waste Management Commission, the variance may be revoked or modified by the commission after a formal hearing held after no less than thirty (30) days’ written notice. The department will notify all persons who will be subjected to greater restrictions if the variance is revoked or modified and each person who requested notice from the department.

Amended: Filed April 15, 2015, effective Dec. 30, 2015. Amended:

Filed June 14, 2018, effective March 30, 2019. Amended: Filed Nov. 26, 2024, effective Sept. 30, 2025. *Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010; 260.400, RSMo 1977, amended 1980, 1993; 260.405, RSMo 1977, amended 1980; and 260.437, RSMo 1983, amended 1995, 2022.

**History**
- *AUTHORITY: sections 260.370, 260.400, and 260.405, RSMo 2016, and section 260.437, RSMo Supp. 2024. Original rule filed June 1, 1998, effective Jan. 30, 1999. Amended: Filed Feb. 1, 2001, effective Oct. 30, 2001. Amended: Filed April 15, 2011, effective Dec. 30, 2011.*

### **Chapter 9** Resource Recovery

##### **10 CSR 25-9.020** Hazardous Waste Resource Recovery Processes NATURAL RESOURCES Management Commission {#sec-10-csr-25-9.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-9.020}

##### **10 CSR 25-9.010** Resource Recovery {#sec-10-csr-25-9.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-9.010}

(Rescinded December 31, 1990)

Amended: Filed Dec. 16, 1985, effective Oct. 1, 1986. Amended: Filed Feb. 3, 1987, effective Aug. 1, 1987. Amended: Filed Dec. 1, 1987, effective Aug. 12, 1988. Rescinded:

Filed Feb. 16, 1990, effective Dec. 31, 1990.

**History**
- *AUTHORITY: sections 260.370, 260.375, 260.380, 260.385, 260.395 and 260.437, RSMo 1986. Original rule filed Jan. 13, 1982, effective Aug. 1, 1982. Amended: Filed March 14, 1985, effective July 19, 1985.*

##### **10 CSR 25-9.020** Hazardous Waste Resource Recovery Processes {#sec-10-csr-25-9.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-9.020}

(Rescinded March 30, 2019)

Amended: Filed Jan. 15, 1991, effective Aug. 1, 1991. Amended: Filed Feb. 14, 1992, effective March 31, 1993. Amended: Filed Jan. 5, 1993, effective Aug. 9, 1993.

Amended: Filed Jan. 5, 1994, effective Aug. 28, 1994. Amended: Filed Aug. 16, 1995, effective April 30, 1996. Amended: Filed Feb. 1, 2001, effective Oct. 30, 2001. Amended:

Filed April 15, 2015, effective Dec. 30, 2015.

Rescinded: Filed June 12, 2018, effective March 30, 2019.

JOHNR. ASHCROFT(2/28/19)

**History**
- *AUTHORITY: sections 260.370, 260.373, and 260.395, RSMo Supp. 2013, and section 260.437, RSMo 2000. Original rule filed Feb. 16, 1990, effective Dec. 31, 1990.*

### **Chapter 10** Abandoned or Uncontrolled Hazardous Waste Disposal Sites

##### **10 CSR 25-10.010** Abandoned or Uncontrolled Hazardous Waste Disposal Sites {#sec-10-csr-25-10.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-10.010}

(Rescinded March 30, 2019)

2000. Original rule filed Aug. 14, 1984, effective March 1, 1985. Amended: Filed March 28, 1986, effective Oct. 1, 1986.

Amended: Filed Sept. 1, 1987, effective Dec. 25, 1987. Amended: Filed Sept. 6, 1988, effective Jan. 1, 1989. Amended: Filed Feb. 16, 1990, effective Dec. 31, 1990. Amended:

Filed Jan. 15, 1991, effective Aug. 1, 1991.

Amended: Filed June 1, 1998, effective Jan. 30, 1999. Amended: Filed Feb. 1, 2001, effective Oct. 30, 2001. Rescinded: Filed June 12, 2018, effective March 30, 2019.

JOHNR. ASHCROFT(2/28/19)

**History**
- *AUTHORITY: sections 260.370, 260.437, 260.440, 260.445 and 260.455, RSMo Supp.*

### **Chapter 11** Used Oil

##### **10 CSR 25-11.010** Waste Oil {#sec-10-csr-25-11.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-11.010}

(Rescinded August 28, 1994)

Amended: Filed March 13, 1981, effective July 13, 1981. Amended:

Filed Aug. 12, 1981, effective Dec. 14, 1981. Amended: Filed May 12, 1983, effective Nov. 11, 1983. Amended: Filed Oct. 15, 1984, effective April 15, 1985. Amended: Filed Dec. 16, 1985, effective Oct. 1, 1986.

Amended: Filed Feb. 3, 1987, effective Aug. 1, 1987. Amended: Filed Dec. 1, 1987, effective Aug. 12, 1988. Rescinded and readopted: Filed Feb. 16, 1990, effective Dec. 31, 1990. Amended: Filed Jan. 15, 1991, effective Oct. 1, 1991. Rescinded: Filed Jan. 5, 1994, effective Aug. 28, 1994.

**History**
- *AUTHORITY: sections 260.370, RSMo Supp. 1990 and 260.430 and 260.437, RSMo 1986. This rule was previously filed as 10 CSR 25-4.020. Original rule filed July 16, 1979, effective Jan. 1, 1980.*

##### **10 CSR 25-11.279** Recycled Used Oil Management Standards {#sec-10-csr-25-11.279 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-11.279}

PURPOSE: This rule incorporates by reference and modifies the federal regulations in 40 CFR part 279 and sets forth additional state requirements.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) The regulations set forth in 40 CFR parts 110.1, 112, and 279, July 1, 2024, as published by the Office of the Federal Register, National Archives and Records Administration, Superintendent of Documents, Pittsburgh, PA 15250-7954, are incorporated by reference. This rule does not incorporate any subsequent amendments or additions. Except as provided otherwise in this

rule, the substitution of terms set forth in 10 CSR 25-3.260(1)(A) applies in this rule in addition to any other modifications set forth in section (2) of this rule.

(2) This section sets forth specific modification to 40 CFR part 279, incorporated by reference in section (1) of this rule. A person managing used oil shall comply with this section in addition to the regulations in 40 CFR part 279. In the case of contradictory or conflicting requirements, the more stringent rules control. (Comment: This section has been organized so that Missouri additions, changes, or deletions to a particular lettered subpart in 40 CFR part 279 are noted in the corresponding lettered subsection of this section. For example, changes to 40 CFR part 279 subpart A are found in subsection (2)(A) of this rule.)

(A) Definitions. This subsection sets forth requirements that modify or add to those requirements in 40 CFR part 279 subpart A.

1. The definition of do-it-yourselfer used oil collection center at 40 CFR 279.1 is amended to allow these sites or facilities to accept/aggregate and store used oil collected from household do-it-yourselfers and farmers not regulated by 40 CFR part 279 subpart C as incorporated in this rule.

2. The definition of used oil at 40 CFR 279.1 is amended as follows:

A. Used oil includes but is not limited to petroleumderived and synthetic oils that have been spilled into the environment or used for lubrication/cutting oil, heat transfer, hydraulic power, or insulation in dielectric transformers.

3. The definition of used oil aggregation point at 40 CFR 279.1 is amended to allow these sites or facilities to accept/ aggregate and store used oil from household do-it-yourselfers and farmers not regulated by 40 CFR part 279 subpart C as incorporated in this rule.

4. The definition of used oil collection center at 40 CFR 279.1 is amended to allow these centers to accept/aggregate and store used oil from household do-it-yourselfers and farmers not regulated by 40 CFR part 279 subpart C as incorporated in this rule.

(B) Applicability. This subsection sets forth requirements that modify or add to those requirements in 40 CFR part 279

subpart B.

1. 40 CFR 279.10(c) is modified as follows. Used oil drained or removed from materials containing or otherwise contaminated with used oil shall be managed as a hazardous waste if the used oil exhibits a hazardous characteristic. Any exclusions from the definition of solid waste or hazardous waste will apply.

2. In 40 CFR 279.10(f), incorporated by reference in this

rule, delete “subject to regulation under either section 402 or

section 307(b) of the Clean Water Act (including wastewaters at facilities which have eliminated the discharge of wastewater)” and in its place substitute “regulated under Chapter 644, RSMo, the Missouri Clean Water Law.”

3. In addition to the prohibitions of 40 CFR 279.12, incorporated by reference in this rule, the following shall apply:

A. All used oil is prohibited from disposal in a solid waste disposal area; and B. Used oil shall not be disposed of into the environment or cause a public nuisance.

(C) Standards for Used Oil Generators. This subsection sets forth requirements that modify or add to those requirements in 40 CFR part 279 subpart C.

1. In addition to the requirements of 40 CFR 279.20(a)(2), incorporated by reference in this rule, vessels on navigable waters, as defined in 40 CFR 110.1, shall not dispose of used oil into waters of the state except as allowed by Chapter 644, RSMo.

2. In addition to the requirements at 40 CFR 279.23(a), generators also may burn in used oil space heaters used oil from farmers not regulated by 40 CFR part 279 subpart C.

3. In addition to the requirements at 40 CFR 279.23, incorporated in this rule, burning in a used oil space heater any mixture of used oil with a hazardous waste is prohibited, except that mixtures of used oil with hazardous waste originating from very small quantity generators of hazardous waste may be burned in used oil-fired space heaters, so long as the hazardous waste is hazardous solely because it exhibits the characteristic of ignitability.

4. Used oil generators shall keep all tanks and containers that are exposed to rainfall closed at all times except when adding or removing used oil.

(D) Standards for Used Oil Collection Centers and Aggregation Points. This subsection sets forth requirements that modify or add to those requirements in 40 CFR part 279 subpart D.

(1/29/25) Denny Hoskins MANAGEMENT COMMISSION RESOURCES 1. Do-it-yourselfer used oil collection centers, used oil collection centers, and used oil aggregation points owned by the generator may accept used oil from farmers not regulated under 40 CFR part 279 subpart C.

2. In addition to the requirements of 40 CFR part 279

subpart D, do-it-yourselfer used oil collection centers, used oil aggregation points, and used oil collection centers shall notify the solid waste district in which they operate or the department’s Waste Management Program of their used oil collection activities.

A. Notification shall be by letter and include the following:

(I) The name and location of the collection center;

(II) The name and telephone number of the owner or operator;

(III) The name and telephone number of the facility contact, if different from the owner or operator;

(IV) The type of collection center; and (V) The dates and hours of operation.

B. The notification submitted by a used oil collection center will satisfy the requirement of 40 CFR 279.31(b)(2) that the used oil collection center be recognized by the department.

C. Do-it-yourselfer used oil collection centers, used oil collection centers, and used oil aggregation points shall notify the solid waste district in which they operate or the department’s Waste Management Program when their used oil collection activities cease.

D. The notifications to operate or cease to operate received by a solid waste district shall be transmitted to the department’s Waste Management Program for public information purposes or be incorporated in the information submitted to the department as part of their regular reporting requirements.

3. No quantity of used oil collected by do-it-yourselfer oil collection centers, used oil collection centers, and used oil aggregation points shall be stored for more than twelve (12) months at the collection center or aggregation point.

4. Do-it-yourselfer used oil collection centers, used oil collection centers, and used oil aggregation points shall keep all tanks and containers that are exposed to rainfall closed at all times except when adding or removing used oil.

5. Used oil collection centers, do-it-yourselfer used oil collection centers, and used oil aggregation points shall have a means of controlling public access to the used oil storage area.

A. Access control may be an artificial or natural barrier that completely surrounds the storage area or access control may be achieved by storing the used oil inside a locked building.

B. An attendant shall be present when the public has access to the do-it-yourselfer used oil collection center, used oil collection center, and used oil aggregation point. No public access shall be allowed to the stored used oil when the collection center or aggregation point is unattended.

(E) Standards for Used Oil Transporters and Transfer Facilities.

This subsection sets forth requirements that modify or add to those requirements in 40 CFR part 279 subpart E.

1. In addition to the requirements of 40 CFR 279.42, transporters of used oil shall be licensed in accordance with the requirements in 10 CSR 25-6.263.

2. In addition to the requirements of 40 CFR 279.45(d)–(f), incorporated by reference in this rule, secondary containment systems shall have a capacity equal to or greater than ten percent (10%) of the containerized waste volume, or the volume of the largest container, whichever is greater. (Note: Facilities that store used oil in tanks near navigable waters may be subject to the spill prevention, control, and counter-measures standards found in 40 CFR 112.)

3. In addition to the requirements of 40 CFR 279.46, incorporated by reference in this rule, the following shall apply:

A. (Reserved)

B. All transporters who transport one thousand (1,000) gallons or more of used oil in a reporting period must submit the information described in 40 CFR 279.46(a) and (b) to the director of the department’s Waste Management Program annually, on form MO 780-1555, the Transporter’s Annual Report Form, incorporated by reference in this rule and provided by the department. The form shall include information for a reporting period from July 1 to June 30, and be submitted by August 31 following the reporting period.

4. In addition to the requirements of 40 CFR 279.46 incorporated in this rule, transporters of used oil operating a transfer facility shall maintain an inventory log to demonstrate compliance with the off-site shipment requirements found within 40 CFR 279.45(a).

5. In addition to the requirements of 40 CFR 279.46(d), incorporated in this rule, the inventory log described in paragraph (2)(E)4. of this rule shall be maintained for at least three (3) years, or longer if requested by the department.

6. In addition to the requirement of 40 CFR 279.47, used oil transporters who operate a transfer facility shall close the transfer facility in accordance with 10 CSR 25-6.263(2)(A)10.G.

7. Used oil transfer facilities shall keep all tanks and containers that are exposed to rainfall closed at all times except when adding or removing used oil.

8. For shipments involving rail transportation, the initial rail transporter shall forward copies of the shipping record to— A. The next nonrail transporter, if any;

B. The receiving facility if the shipment is delivered by rail; or C. The last rail transporter handling the used oil in the United States.

(F) Standards for Used Oil Processors and Re-Refiners. This subsection sets forth requirements that modify or add to those in 40 CFR part 279 subpart F.

1. In 40 CFR 279.52(b)(6)(iv)(B), incorporated in this rule, the government official described as the on-scene coordinator shall be either the department’s emergency response coordinator or the Environmental Protection Agency Region VII emergency planning and response branch.

2. In addition to the requirements at 40 CFR 279.54(c) and (d), secondary containment systems shall have a capacity equal to or greater than ten percent (10%) of the containerized waste volume or the volume of the largest container, whichever is greater. (Note: Facilities that store used oil in tanks near navigable waters may be subject to the spill prevention, control, and counter-measures standards found in 40 CFR 112.)

3. In 40 CFR 279.54(g), incorporated by reference in this rule, delete “the effective date of the recycled used oil management program in effect in the State in which the release is located,” and insert in its place “the original effective date of 10 CSR 25-11.279.”

4. In 40 CFR 279.52(b)(6)(viii)(C), incorporated in this rule, the state authority to be notified is the director of the program.

5. Used oil processors and re-refiners shall keep all tanks and containers that are exposed to rainfall closed at all times except when adding or removing used oil.

(G) Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery. This subsection sets forth requirements that modify or add to those requirements in 40 RESOURCES MANAGEMENT COMMISSION CFR part 279 subpart G.

1. In addition to the requirements of 40 CFR 279.64(c)–(e), secondary containment systems shall have a capacity equal to or greater than ten percent (10%) of the containerized waste volume or the volume of the largest container, whichever is greater. (Note: Facilities that store used oil in tanks near navigable waters may be subject to the spill prevention, control, and counter-measures standards found in 40 CFR 112.)

2. Used oil burners shall provide the transporter who delivers each shipment of used oil with the information specified in 40 CFR 279.65, incorporated in this rule, and retain for three (3) years a copy of the completed form MO 780-1449, the Transporter’s Used Oil Shipment Record, for each shipment received. The period of record retention shall extend automatically during the course of any pending enforcement action, or upon the department’s request. The records shall be available to authorized representatives of the department for inspection and copying during regular business hours.

3. Used oil burners shall keep all tanks and containers that are exposed to rainfall closed at all times except when adding or removing used oil.

(H) Standards for Used Oil Fuel Marketers. This subsection sets forth requirements that modify or add to those requirements in 40 CFR part 279 subpart H.

1. Used oil marketers subject to 40 CFR 279.74, incorporated in this rule, shall provide the transporter who delivers each shipment of used oil with the information specified in 40 CFR 279.74 and retain for three (3) years a copy of the completed form MO 780-1449, the Transporter’s Used Oil Shipment Record, for each shipment received. The period of record retention shall extend automatically during the course of any pending enforcement action, or upon the department’s request. The records shall be available to authorized representatives of the department for inspection and copying during regular business hours.

(I) Standards for Use as a Dust Suppressant and Disposal of Used Oil. (Reserved)

(3) Requirements for Low Concentration Polychlorinated Biphenyls (PCB) Used Oil.

(A) Low concentration PCB used oil is defined as any used oil that contains equal to or greater than two parts per million (2 ppm) PCBs but less than fifty parts per million (50 ppm) PCBs; provided that the used oil is not PCB material as defined in

##### **10 CSR 25-13.010.** Sections (1) and (2) of this rule apply to low concentration PCB used oil, subject to the additions and modifications in this section. {#sec-10-csr-25-13.010. omnilex-key=us-mo-regs-official--title-10--10 CSR 25-13.010.}

(B) This section does not apply to electrical equipment that has been drained of all free-flowing low concentration PCB used oil.

(C) A generator, transporter, owner, or operator of a hazardous waste management facility, certified resource recovery facility, or PCB facility that manages low concentration PCB used oil may be required to verify by analysis or investigation, or both, that the used oil is not PCB material as defined in 10 CSR 25-13.010.

(D) No person shall dispose of oily waste resulting from a spill or leak of low concentration PCB used oil in a solid waste landfill if the oily waste contains equal to or greater than one (1) pound of PCBs.

Amended: Filed March 31, 2006, effective Dec. 30, 2006. Amended:

Filed Oct. 15, 2008, effective June 30, 2009. Amended: Filed April 15, 2011, effective Dec. 30, 2011. Amended: Filed April 15, 2015, effective Dec. 30, 2015. Amended: Filed June 14, 2018, effective March 30, 2019. Amended: Filed July 10, 2024, effective Feb. 28, 2025. *Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010.

**History**
- *AUTHORITY: section 260.370, RSMo 2016. Original rule filed Jan. 5, 1994, effective Aug. 28, 1994. Amended: Filed Aug. 16, 1995, effective April 30, 1996. Amended: Filed June 1, 1998, effective Jan. 30, 1999. Amended: Filed Feb. 1, 2001, effective Oct. 30, 2001.*

### **Chapter 12** Hazardous Waste Fees and Taxes

##### **10 CSR 25-12.010** Fees and Taxes {#sec-10-csr-25-12.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-12.010}

PURPOSE: This rule identifies fees and taxes assessed for generators; transporters; applicants for licenses, certifications, and permits; owners or operators of hazardous waste treatment, storage, resource recovery, and disposal facilities; and persons seeking variances. (Note: The department bills for the Department of Revenue but is not the collector of fees or taxes for Missouri.) This

rule is in addition to federal requirements. The fees in this rule are based on the authority in sections 260.380.1(10)(d) and 260.475.8, RSMo, to revise the hazardous waste fee structure through the rulemaking process. The fees established in this rule are in effect notwithstanding any conflicting language in any other rule regarding the amount of any of the fees listed in this rule.

(1) Registration of Generators of Hazardous Waste. The following constitutes the registration process for persons subject to the registration requirements pursuant to 10 CSR 25-5.262:

(A) A person subject to registration shall file a completed registration form furnished by the department. The department requires an original ink signature on all registration forms before processing. In the event the department develops the ability to accept electronic submission of the registration form, the signature requirement will be consistent with the United States Environmental Protection Agency’s (EPA’s) Cross Media Electronic Reporting Rule for an electronic signature on documents. All generators located in Missouri shall use only the Missouri version of the registration form;

(B) A generator registered as a small quantity generator (SQG) shall comply with the re-notification requirements of 40 CFR 262.18(d) as modified by this paragraph beginning in 2025.

1. Beginning in 2025, any generator registration form submitted to the department to meet the requirements of subsections (A) or (B) of this section in the three (3) calendar years prior to the current year will be considered to have met the re-notification requirement;

(C) The department may request additional information, including information concerning the nature and hazards associated with a particular waste or any information or reports concerning the quantities and disposition of any hazardous wastes as necessary to authorize treatment, storage, or disposal and to ensure proper hazardous waste management;

1. Generators that have the following activities shall mark the appropriate box on the generator registration form and complete the corresponding addendum to the registration form:

A. Management of Hazardous Secondary Materials;

B. Episodic Event. In addition to the requirements of 40 CFR 262 subpart L, generators must meet the following conditions to be able to use the episodic event:

(I) A generator must have an EPA ID and have paid the registration fee or pay the registration fee with the episodic event notification;

(II) In the event the department determines that an episodic event notification does not meet the definition of an episodic event, the department will register the generator at the appropriate higher generator status and require the generator to pay the rest of the appropriate registration fee; and (III) A very small quantity generator (VSQG) that has an episodic event must meet the SQG reporting requirements for the reporting year(s) in which the event took place; or C. Large quantity generator (LQG) consolidation of VSQG waste;

(D) All new generator registration and renewal fees will be based upon the generator status of the generator. The fee schedule is as follows:

1. A generator registering as a LQG shall pay a registration fee of five hundred dollars ($500);

2. A generator registering as a SQG shall pay a registration fee of one hundred fifty dollars ($150); and 3. A generator registering as a VSQG shall pay a registration fee of one hundred fifty dollars ($150);

(E) A registration fee will be paid with the submittal of the registration form required by subsection (1)(A) when one (1) of the following is true:

1. The generator is applying for a new ID number (initial registration);

2. The generator is reactivating an existing ID number that had been inactivated;

3. There has been a change in the ownership of the generator (initial registration for the new company); or 4. Any generator who changes its generator status to a status that has a higher registration fee than the fee that the generator has already paid for the year as required by this subsection shall pay the difference between the registration fee for the current status and the registration fee of the new status; and (F) The department will immediately revoke the registration of any person who pays the registration fee with what is found to be an insufficient check.

(2) Registration Renewal of Generators of Hazardous Waste.

(A) The calendar year constitutes the annual registration period.

(B) Annual registration renewal billings will be sent by December 1 of each year to all generators holding an active registration.

(C) Any generator initially registering between October 1 and December 31 of any given year shall pay the initial registration fee, but does not pay the annual renewal fee for the calendar year immediately following their initial registration. From that year forward, the generator shall pay the annual renewal fee.

(D) The department will administratively inactivate the registration of any generator subject to registration who fails to pay the annual renewal fee by the due date specified on the billing, and the generator will be subject to enforcement action for failure to properly maintain its registration.

(E) Generators administratively inactivated for failure to pay the renewal fee in a timely manner, who later in the same registration year pay the annual renewal fee, shall pay a fifteen percent (15%) late fee in addition to the annual renewal fee for each applicable registration year and shall file an updated generator registration form with the department before their registration is reactivated by the department.

(F) Generators who request that their registration be made inactive rather than pay the renewal fee, who later in that same renewal year pay the annual renewal fee to reactivate their registration, shall pay a fifteen percent (15%) late fee in addition to the annual renewal fee and file an updated generator registration form with the department before their registration is reactivated by the department.

(G) The department will immediately revoke the registration of any person who pays the annual renewal fee with what is found to be an insufficient check.

(H) The department may administratively inactivate the registration of generators that fail to pay any applicable hazardous waste fees and taxes in a timely manner after appropriate notice to do so.

(3) Hazardous Waste Summary Report.

(A) All generators subject to registration in accordance with

##### **10 CSR 25-5.262** shall complete a Generator’s Hazardous Waste Summary Report on a form provided by the department; or on a reproduction of the form provided by the department; or a form arranged in the same manner as the form provided by the department after review and approval by the department; or electronically through the department’s system built to collect the data that would have been placed on the paper form. In the event that the department develops a cost-effective means of obtaining and utilizing the data in EPA’s e-Manifest system, the reporting requirements on hazardous waste generated will be eliminated with the following exceptions: {#sec-10-csr-25-5.262 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-5.262}

1. The hazardous waste generated was not shipped using a hazardous waste manifest;

2. The hazardous waste generated was shipped to a treatment, storage, and disposal facility located in a foreign country; and 3. To claim that the waste that was generated is not subject to a particular fee or fees.

(B) A person required to file the Generator’s Hazardous Waste Summary Report who does not ship any hazardous wastes or who makes only one (1) shipment of hazardous waste during the entire reporting year, July 1 through June 30, or is defined as a SQG for the entire reporting year, or is defined as an LQG and filing their report electronically in a manner prescribed by the department, may file an annual report covering the July 1 to June 30 reporting year by August 14 following the reporting year period. LQG’s can elect to report quarterly.

1. A generator that files a quarterly report within a particular reporting year shall file quarterly reports for the entire reporting year, even if the generator becomes eligible to file an annual report in the middle of the reporting year.

(C) A generator who is registered with the department shall report the quantity, type, and status of all hazardous waste(s) shipped off site during the reporting period on the Generator’s Hazardous Waste Summary Report regardless of the destination of the shipment(s).

(D) When a generator reports a hazardous waste using a unit of volume, and fails to report the specific gravity of the waste, the department shall calculate the tonnage for that waste based on a specific gravity of 1.5.

(E) The Generator’s Hazardous Waste Summary Report shall be signed and certified by an authorized representative as defined in 40 CFR 260.10 incorporated by reference in 10 CSR 25-3.

(F) The generator filing quarterly reports shall submit the completed Generator’s Hazardous Waste Summary Report within forty-five (45) days after the end of each reporting period. The reporting periods and submittal dates are as follows: January 1 through March 31, with a submittal date of May 14 of the same year; April 1 through June 30, with a submittal date of August 14 of the same year; July 1 through September 30, with a submittal date of November 14 of the same year; and October 1 through December 31, with a submittal date of February 14 of the following year.

(G) A generator shall submit the information in 40 CFR 261.4(e)(2)(v)(C) incorporated by reference in 10 CSR 25-4.261(1) to the department along with the completed Generator’s Hazardous Waste Summary Report.

(H) The department will administratively inactivate the registration of any generator that fails to file the Generator’s Hazardous Waste Summary Report. The generator’s registration will be reactivated after all reporting is filed, applicable fees are paid, and an updated generator registration form is submitted to the department.

(4) Facility Summary Report.

(A) SQGs or LQGs that generate and manage hazardous waste on site shall complete the Facility Summary Report.

(B) The owner or operator of a hazardous waste management facility shall— 1. Comply with the reporting requirements in section (3) of this rule regardless of whether the owner or operator is required to register as a generator pursuant to 10 CSR 25- 5.262(2)(A)1.;

2. In addition to the reporting requirements in section (3) of this rule for hazardous waste generated on-site and shipped off-site for treatment, storage, or disposal, meet the same requirements for the following:

A. All hazardous waste generated on-site during the reporting period that is managed on-site; and B. All hazardous waste received from off-site during the reporting period, including hazardous waste generated by another generator and hazardous waste generated at other sites under the control of the owner or operator.

(C) When a facility reports a hazardous waste using a unit of volume, and fails to report the specific gravity of the waste, the department shall calculate the tonnage for that waste based on a specific gravity of 1.5.

(D) All facilities subject to this section shall complete a Facility Summary Report on a form provided by the department; or on a reproduction of the form provided by the department; or a form arranged in the same manner as the form provided by the department after review and approval by the department; or electronically through the department’s system built to collect the data that would have been placed on the paper form.

In the event that the department develops a cost-effective means of obtaining and utilizing the data in EPA’s e-Manifest system, the reporting requirements on manifested waste will be eliminated. Reporting of hazardous wastes that are not manifested will still be required.

(5) Hazardous Waste Fees Applicable to Generators of Hazardous Waste. The fees in this section apply notwithstanding any conflicting language in any other rule regarding the amount of any of the fees listed in this section.

(A) A payment for any of the fees contained in this chapter will be considered late in the following circumstances:

1. A credit card or other form of electronic payment is received after the applicable deadline set in rule;

2. A check has a date after the applicable deadline set in

rule;

3. A check arrives in an envelope that has a postmark after the applicable deadline set in rule;

4. A check is delivered directly to the department after the applicable deadline set in rule; and 5. A check dated prior to the deadline set in rule is received fourteen (14) days or later after the applicable deadline set in

rule and the envelope does not have a postmark to indicate when it was mailed.

(B) In-State Waste Fee. A generator of hazardous waste shall pay the In-State Waste Fee annually in accordance with this subsection.

1. The fee shall be paid annually on or before January 1 of each year.

2. The fee shall be based on the waste reported to the department for the twelve- (12-) month period ending June 30 of the previous year.

3. For the purpose of calculating this fee, any portion of a ton shall be assessed as though it were a whole ton.

4. The first ton of waste generated each year shall be assessed a fee of two hundred dollars ($200).

5. Each additional ton of waste shall be assessed a fee of six dollars and ten cents ($6.10).

6. No generator site may be assessed a fee in excess of fiftyseven thousand dollars ($57,000) for any given year.

7. Failure to pay this fee in full by the due date shall result in the imposition of a late fee equal to fifteen percent (15%) of the total original fee.

EXAMPLES OF IN-STATE WASTE FEE CALCULATION (These examples are for the rates that go into effect beginning with the July 1, 2016, to June 30, 2017, reporting year.)

Example 1. ABC Company reports 0.4 tons of hazardous waste.

The number of tons would be rounded to 1 ton. The fee would be $200 because the fee on the 1st ton of waste is $200.

Example 2. ABC Company reports 25 tons of hazardous waste. $6.10 × 24 tons +$200 for 1st ton = $346.40 fee Example 3. ABC Company reports 11,001 tons of hazardous waste. $6.10 × 11,000 tons +$200 for 1st ton = $67,300 fee The fee would be $57,000 because that is the maximum annual fee.

8. No fee will be assessed on hazardous waste that is discharged by a generator to a municipal wastewater treatment plant that is regulated by a permit issued by the Missouri Clean Water Commission.

(C) Land Disposal Fee. A generator subject to registration in accordance with 10 CSR 25-5.262 shall pay a land disposal fee in accordance with this subsection. The fee shall be paid annually, on or before January 1 of each year, at the rate of twenty-nine dollars and fifty cents ($29.50) per ton or portion thereof for the hazardous waste reported to the department for the twelve- (12-) month period ending June 30 of the previous year, having been discharged, deposited, dumped, or placed into or on the soil as a final action. No fee will be assessed on generators who land dispose less than ten (10) tons of hazardous waste. The fee rate assessed will be based on the reporting year the waste was generated.

1. Failure to pay this fee in full by the due date shall result in a fifteen percent (15%) late fee being assessed on the amount owed.

2. When this fee is paid after the prescribed due date, interest shall be assessed on the period from the fee’s due date to the date the fee is paid in full at an annual rate of ten percent (10%).

EXAMPLES OF LAND DISPOSAL FEE CALCULATION (These examples are for the rates that go into effect beginning with the July 1, 2016, to June 30, 2017, reporting year.)

Example 1. ABC Company reports land disposing 9.8 tons of hazardous waste. The fee would not be assessed since less than 10 tons of waste was land disposed.

Example 2. ABC Company reports land disposing exactly 10 tons of hazardous waste. $29.50 x 10 tons = $295 fee Example 3. ABC Company reports land disposing 124.3 tons of hazardous waste. The number of tons would be rounded to 125. $29.50 x 125 tons = $3,687.50 fee (D) (Reserved)

(E) Out-of-State Waste Fee. All owners or operators of Missouri treatment, storage, or disposal facilities shall pay annually, on or before January 1 of each year, a fee to the department of two dollars ($2) per ton or portion thereof for all hazardous waste received from outside the state. This fee shall be based on the hazardous waste received for the twelve- (12-) month period ending June 30 of the previous year. This fee shall not be paid on hazardous waste received directly from other permitted treatment, storage, and disposal facilities located in Missouri.

Failure to pay this fee in full by the due date shall result in imposition of a late fee equal to fifteen percent (15%) of the total original fee.

EXAMPLES OF OUT-OF-STATE WASTE FEE CALCULATION

Example 1. ABC Company reports receiving 250 tons of hazardous waste from outside of Missouri. $2 x 250 tons = $500 fee Example 2. ABC Company reports receiving 410.6 tons of hazardous waste from outside of Missouri. The number of tons would be rounded to 411. $2 x 411 tons = $822 fee Example 3. ABC Company reports receiving 52,149.3 tons of hazardous waste from outside of Missouri. The number of tons would be rounded to 52,150. $2 x 52,150 tons = $104,300 fee (F) The department will bill those generators whose records on file indicate that they are subject to the fees in sections (2) and (5) of this rule. However, if a generator does not receive a billing, it does not relieve the generator of the responsibility to pay the fees imposed by this rule.

(6) Fees and Taxes Applicable to Transporters of Hazardous Waste.

(A) A transporter subject to registration as a generator under 10 CSR 25-6.263, in accordance with 10 CSR 25-5.262, shall pay fees and taxes specified in sections (1), (2), and (5) of this rule.

(B) A transporter depositing hazardous waste at a hazardous waste landfill who pays the gross fee on behalf of a generator or who pays the gross fee due to the transporter’s status as a generator shall pay a landfill tax to the owner or operator of the landfill, in accordance with subdivision 260.390.2, RSMo, when depositing that waste at the landfill.

(C) A hazardous waste transporter as defined at 10 CSR 25- 3.260, except those exempted in subsection (E) of this section, requesting a hazardous waste transporter license in accordance with 10 CSR 25-6.263 shall submit to the department along with their license application the following fees:

1. An annual application fee of two hundred dollars ($200); and 2. A use-based fee, calculated by adding the total licensed vehicle weight (LVW) of power units, and multiplying by the percentage of Missouri International Registration Plan (IRP) mileage (MOIRP) by the percent hazardous waste (HW) times a use rate of .0425. The formula is: LVW × %MOIRP × %HW × .0425 = Use Fee. Fee calculations shall be submitted on forms furnished by the department in its application packet. Transporters shall base all calculations on the period of twelve (12) consecutive months immediately prior to July 1 immediately preceding the date of the license application. This time frame is known as the “previous year.”

A. For those power units which utilize the International Registration Plan (IRP) or 7 CSR 10-25.030 for apportioned registration, the transporter shall use the reported Missouri IRP mileage for the previous year.

B. For those power units not required to track IRP miles, the transporter shall calculate MOIRP mileage by dividing the Missouri mileage of their power units by total mileage for the previous year.

C. The percentage of hazardous waste will be the number of hazardous waste, used oil, or infectious waste truckloads from, to, or through Missouri, divided by the total truckloads from, to, or through Missouri, in the form of a percentage, for the previous year.

D. New transporters who wish to obtain a hazardous waste license and have no “previous year” history of hauling hazardous waste shall calculate license fees based on estimates of MOIRP mileage and percent hazardous waste.

(I) If an estimate is used to calculate the license fee, the transporter shall, within sixty (60) days of the expiration of the license, report the actual Missouri mileage and percent hazardous waste for the current license year. The renewal fee will include the license fee for the next year, plus any money owed the department due to an underestimation of the current year, plus ten percent (10%).

(II) No refunds will be issued by the department, but the department will issue credit for license fees in excess of ten percent (10%) (overestimation) for the next license year.

E. A transporter who wishes to add another power unit other than when applying for the annual license shall submit, along with power unit descriptions, a fee computed from this formula: LVW of power unit × %MOIRP × %HW × .0425 = Use Fee.

Divide this figure by twelve (12), then multiply by the number of months remaining in the license year to derive the fee.

F. To replace one (1) power unit for another (due to accident, sale, or extended maintenance) submit all the required information for the replacement and a license certificate will be issued for that power unit for a limited period.

G. A temporary permit can be issued for thirty (30) days for a fee of fifty dollars ($50) for a power unit that is, for example, a temporary lease that is added to the fleet; and 3. The total fee shall not exceed twenty-five thousand dollars ($25,000) per transporter per year.

(D) Recordkeeping and Reporting.

1. Licensed transporters, except those exempted in subsection (E) of this section, shall maintain all documentation used in calculating Missouri hazardous waste transporter license fees for a period of three (3) years following the expiration of the license. Transporters who reach the maximum payment are relieved of recordkeeping requirements and are also free to add or replace power units as necessary during the license year.

2. All documentation used to calculate Missouri hazardous waste transporter license fees must be provided to the department, upon request, within fifteen (15) calendar days from the date of receipt.

(E) Other than power units, transporters are not subject to the requirements of subsections (C) and (D) of this section. The license fee for each mode of transport other than power units shall be three hundred fifty dollars ($350) per transporter per year. A non-power unit transporter shall not originally include, nor add, more than one (1) mode on the same license. For example, for a rail transport license, do not include power unit hazardous waste transportation.

(F) License renewals submitted within twelve (12) months of the effective date of this rule may be considered a new license and therefore subject to the provisions of 10 CSR 25-12.010(6)

(C)2.D.(I) and (II) applicable to newly licensed transporters. The determining factor will be whether or not the transporter has been keeping accurate records of MOIRP mileage and Missouri hazardous waste percentage for the previous year. If the transporter has accurate figures for the previous year, then the license will be an actual renewal.

(7) Fees and Taxes Applicable to Applicants for Permits or Certifications and to Owners or Operators of Treatment, Storage, and Disposal Facilities.

(A) An owner or operator of a hazardous waste treatment, storage, or disposal facility shall pay fees and taxes as specified in (1)(D), (2), and (5)(A), (B), and (D) of this rule. An owner or operator of a hazardous waste treatment, storage, and disposal facility also shall pay fees and taxes as specified in section (5) of this rule for hazardous waste which is transported off-site for final disposition. (Note: These fees are not applicable to waste transported off-site for storage only; however, the fees are applicable to the waste transported from the storage facility to the point of final disposition except as provided in section (5).)

(B) A permit applicant shall pay the following fees upon application as specified in section 260.395.7(5), RSMo:

One thousand dollars ($1,000) for each hazardous waste management treatment, storage, or disposal facility. The fee shall be submitted with the application. The fee shall cover the first year of the permit, if issued, but the fee is not refundable if the permit is not issued. If the permit is to be issued for more than one (1) year, the applicant shall pay fees as specified in subsection (7)(C) of this rule.

(C) A permit applicant shall pay the following fees as specified in section 260.395.7(5), RSMo, and pursuant to 10 CSR 25-7.270(2)(C)1.A.: One thousand dollars ($1,000) for each hazardous waste management treatment, storage, or disposal facility for each year the permit is to be in effect beyond the first year.

(D) An applicant for a hazardous waste treatment, storage, or disposal facility permit shall pay all applicable costs pursuant to 10 CSR 25-7.270(2)(B)6., and as specified by sections 260.395.7(6) and 260.395.14(2), RSMo, for engineering and geological review. Those costs for engineering and geological review will be billed in the following categories:

1. The project engineer’s and geologist’s time expended in the following areas:

A. Supervision of field work undertaken to collect geologic and engineering data for submission with the permit application or resource recovery certification application;

B. Review of geologic and engineering plans submitted in relation to the permit application;

C. Assessment and attesting to the accuracy and adequacy of the geologic and engineering plans submitted in relation to the permit application; and D. The project engineer’s and geologist’s time billed at the engineer’s and geologist’s hourly rates multiplied by a fixed factor of three and one-half (3 1/2). This fixed factor is comprised of direct labor; fringe benefits including but not limited to insurance, medical coverage, Social Security, Workers’ Compensation, and retirement; direct overhead, including but not limited to clerical support and supervisory engineering review and Waste Management Program administrative and management support; general overhead, including but not limited to utilities, janitorial services, building expenses, supplies, expenses and equipment, and department indirect costs; and engineering support, including but not limited to training, peer review, tracking, and coordination;

2. The direct costs associated with travel to the facility site to supervise any field work undertaken to collect geologic and engineering data or to ascertain the accuracy and adequacy of geologic and engineering plans, or both, including but not limited to expenses actually incurred for lodging, meals, and mileage based on the rate established by the state of Missouri.

These costs are in addition to the costs in paragraph (7)(D)1. of this rule; and 3. Costs directly associated with public notification and departmental public hearings, including legal notice costs, media broadcast costs, mailing costs, hearing officer costs, court reporter costs, hearing room costs, and security costs, will be billed to the applicant. In a contested case as defined in section 536.070(4), RSMo, costs related to preparing and supplying one (1) copy of the transcript(s) of the case shall not be charged to the applicant.

(E) An owner or operator of a hazardous waste landfill shall collect, on behalf of the state, from each generator or transporter, a tax equal to two percent (2%) of the gross charges and fees charged the generator for disposal at the landfill.

The tax shall be accounted for separately on the statement of charges and fees made to the hazardous waste generator and shall be collected at the time of collection of the charges and fees.

(8) Corrective Action Oversight Cost Recovery.

(A) In accordance with section 260.375(30), RSMo, owners or operators of hazardous waste facilities performing corrective action pursuant to sections 260.350 to 260.433, RSMo, and the rules promulgated thereunder shall pay to the department all reasonable costs, as determined by the commission, incurred by the department in the oversight of corrective action investigations, monitoring, or cleanup of releases of hazardous waste or hazardous constituents at hazardous waste facilities.

Oversight shall include review of the technical and regulatory aspects of corrective action plans, reports, documents, and associated field activities, including attesting to their accuracy and adequacy. All corrective action plans approved by the department pursuant to sections 260.350 to 260.433, RSMo, shall require the department, upon notice by the owner or operator that the approved plan has been completed, to verify within ninety (90) days that the corrective action plan has been complied with and completed. Within thirty (30) business days thereafter, and provided that the department agrees that the corrective plan has been complied with and completed, the department shall issue a letter to the owner or operator certifying the completion and compliance.

(B) Corrective action cost recovery billing shall be based on the hourly rate(s) of departmental staff performing corrective action oversight multiplied by a fixed factor of three and one-half (3 1/2). This fixed factor is comprised of direct labor; fringe benefits including but not limited to insurance, medical coverage, Social Security, Workers’ Compensation, and retirement; direct overhead, including but not limited to clerical support and supervisory review and Waste Management Program administrative and management support; general overhead, including but not limited to utilities, janitorial services, building expenses, supplies, expenses and equipment, and department indirect costs; and other support activities, including but not limited to training, peer review, tracking, and coordination.

(C) The direct costs associated with travel to hazardous waste facilities for the purpose of corrective action oversight including but not limited to expenses actually incurred for lodging, meals, and mileage based on the rates established by the state of Missouri shall be recoverable. These direct costs shall be billed to the owner or operator and are in addition to the costs in subsection (8)(B) of this rule.

(D) Corrective action-related costs directly associated with public notification and departmental public hearings, including legal notice costs, media broadcast costs, mailing costs, hearing officer costs, court reporter costs, hearing room costs, and security costs, shall be billed to the owner or operator. In a contested case as defined in section 536.070(4), RSMo, costs related to preparing and supplying one (1) copy of the transcript(s) of the case shall not be charged to the owner or operator.

(E) All funds remitted by owners or operators of hazardous waste facilities performing corrective action shall be deposited in the hazardous waste fund created in section 260.391, RSMo.

(9) Variance Fee. Any person seeking a variance under 10 CSR 25 shall include a filing fee of fifty dollars ($50) payable to Missouri with each petition as required by section 260.405.4(1), RSMo.

Amended: Filed Aug. 14, 1986, effective Jan. 1, 1987. Amended:

Filed Sept. 1, 1987, effective Dec. 28, 1987. Amended: Filed Dec. 1, 1987, effective May 1, 1988. Amended: Filed Dec. 29, 1987, effective May 1, 1988. Amended: Filed Sept. 6, 1988, effective Dec. 30, 1988. Amended: Filed Sept. 14, 1989, effective Dec. 29, 1989.

Amended: Filed Feb. 16, 1990, effective Dec. 31, 1990. Amended:

Filed Sept. 5, 1990, effective April 29, 1991. Amended: Filed Jan. 15, 1991, effective Aug. 1, 1991. Amended: Filed Sept. 4, 1991, effective Feb. 6, 1992. Amended: Filed Aug. 14, 1992, effective May 5, 1993.

Amended: Filed April 4, 1994, effective Oct. 30, 1994. Amended:

Filed June 16, 1995, effective Jan. 30, 1996. Amended: Filed June 1, 1998, effective Jan. 30, 1999. Amended: Filed April 30, 1999, effective Nov. 30, 1999. Amended: Filed Feb. 1, 2001, effective Oct. 30, 2001. Amended: Filed Dec. 17, 2001, effective Aug. 30, 2002.

Amended: Filed April 2, 2002, effective Nov. 30, 2002. Amended:

Filed March 27, 2003, effective Dec. 30, 2003. Amended: Filed Oct. 15, 2008, effective June 30, 2009. Amended: Filed June 15, 2015, effective Jan. 30, 2016. Amended: Filed June 14, 2018, effective March 30, 2019. Amended: Filed Aug. 30, 2019, effective March 30, 2020.

Emergency amendment filed March 12, 2020, effective March 27, 2020, expired Sept. 22, 2020. Amended: Filed May 29, 2020, effective Nov. 30, 2020. **Amended: Filed July 10, 2024, effective Feb. 28, 2025. *Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010; 260.380, RSMo 1977, amended 1980, 1985, 2000, 2004, 2005, 2011, 2013, 2014, 2018, 2023; 260.390, RSMo 1977, amended 1980, 1983, 1985, 1993, 2013; 260.391, RSMo 1980, amended 1993, 2000, 2005, 2018; 260.395, RSMo 1977, amended 1980, 1983, 1985, 1988, 2000, 2013, 2015; 260.437, RSMo 1983, amended 1995, 2022; and 260.475, RSMo 1983, amended 1985, 1988, 1994, 1999, 2000, 2004, 2005, 2011, 2013, 2014, 2018, 2023. **Pursuant to Executive Order 21-07, 10 CSR 25-12.010, section (1) was suspended from April 19, 2021 through June 30, 2021.

**History**
- *AUTHORITY: sections 260.370, 260.390, and 260.395, RSMo 2016, and sections 260.380, 260.391, 260.437, and 260.475, RSMo Supp. 2024. Original rule filed Dec. 16, 1985, effective Oct. 1, 1986.*

##### **10 CSR 25-12.020** Hazardous Waste Compliance Inspection Fees {#sec-10-csr-25-12.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-12.020}

PURPOSE: This rule sets fees to be paid to the department by owners or operators of commercial hazardous waste treatment, storage, and disposal facilities. The fees will fund hazardous waste compliance inspections at these facilities. This rule also establishes procedures for billing and payment of the fees.

(1) Applicability. Pursuant to section 260.370.2, RSMo, this rule is applicable to owners or operators of hazardous waste facilities who have obtained, or are required to obtain, a hazardous waste facility permit and who accept, on a commercial basis for remuneration, hazardous waste from off-site sources for treatment, storage, or disposal. If multiple facilities with unique United States Environmental Protection Agency (U.S.

EPA) identification numbers are owned or operated by a person or company, the inspection fees applicable under this rule shall be paid by the owner or operator for each facility with a unique U.S. EPA identification number.

(2) Fees Applicable to Commercial Hazardous Waste Treatment, Storage, and Disposal Facilities for Compliance Inspections.

(A) An annual fee not to exceed the values in Table 1 of this

rule shall be assessed to each operating commercial hazardous waste treatment, storage, or disposal facility for hazardous waste compliance inspections. The applicable inspection fee in Table 1 shall be based on the volume of hazardous waste managed by the facility that was received from off-site sources during the period of July 1 of each year through June 30 of the following year. The department will use the data reported in the facility quarterly manifest summary reports that are submitted by the facility as required by 10 CSR 25-12.010(4) to determine the amount of off-site waste managed by each facility.

(B) For new facilities for which there is no facility quarterly manifest summary report data available, the facility shall submit to the department an estimate of the volume of hazardous waste that will be managed during the period from the date hazardous waste is first received from off site to the following June 30. This estimate shall be provided to the department no later than thirty (30) days prior to the first expected receipt of hazardous waste from off site. This estimate shall be submitted to the Director, Waste Management Program, Missouri Department of Natural Resources, PO Box 176, Jefferson City, MO 65102. The inspection fee for new facilities shall be determined from Table 1 using the estimated volume of waste to be received from off site for treatment, storage, or disposal during the first year of operation. Existing facilities which have not received hazardous waste from off-site sources during the period of July 1 of each year through June 30 of the following year, and facilities which have changed ownership, will be considered new facilities for purposes of determining the applicable inspection fee from Table 1.

Table 1 Yearly Inspection Fees Based on Volume of Hazardous Waste Accepted Metric Tons (kkg) of Hazardous Waste Received from Off-Site SourcesAnnual Fee 10,000 kkg or more$12,000 2,500 to 9,999 kkg$10,800 0 to 2,499 kkg$9,800 (3) Billing and Payment of Compliance Inspection Fees.

(A) The department shall bill each facility by December 1 of each year for payment of inspection fees. The facility shall pay the inspection fees on or before January 1. (Note: The inspection fee money collected from hazardous waste facilities, which has been determined from the facility quarterly manifest summary report data as specified in subsection (2)(A) and Table 1 of this rule, will fund compliance inspections for the following calendar year.)

(B) For new facilities for which there is no facility quarterly manifest summary report data available, the inspection fee bill shall be based on an estimate of the volume of hazardous waste to be accepted from off-site sources. The facility shall provide this estimate to the department as specified in subsection (2)

(B) of this rule. The department shall issue a bill to the facility based on the volume estimate provided by the facility in accordance with subsection (2)(B) and Table 1 of this rule within thirty (30) days of receipt of this information. The facility shall submit payment of the required inspection fees within thirty (30) days of the department billing. (Note: The inspection fee money collected in accordance with this subsection will fund compliance inspections for the remainder of the calendar year in which the fee is billed.)

1. If, at the time of the next scheduled billing cycle, the department determines that the facility has overestimated inspection fees based on the actual amount of off-site hazardous waste managed during the initial period of operation, the facility will be credited for the amount of the overestimate for the following year. No refunds of inspection fee overestimates will be made.

2. If, at the time of the next scheduled billing cycle, the department determines that the facility has underestimated inspection fees based on the actual amount of off-site hazardous waste managed during the initial period of operation, the facility will be billed by the department for the amount of the underestimate. Payment of this fee shall be required within thirty (30) days of the facility’s receipt of the department’s billing.

(C) Inspection fee payments shall be made payable to Missouri, Director of Revenue. Inspection fee money shall be deposited into the hazardous waste fund as specified in section 260.391.3., RSMo.

(D) Any facility which fails to pay inspection fees by the applicable date specified in this rule shall be required to pay a penalty in addition to the inspection fee. The penalty shall be equal to fifteen percent (15%) of the fees due. In addition, if the fees are not paid by the required date, the facility shall pay interest at a rate of twelve percent (12%) per annum on any amounts owed.

(E) A payment for any of the fees contained in this chapter will be considered late in the following circumstances:

1. A credit card or other form of electronic payment is received after the applicable deadline set in rule;

2. A check has a date after the applicable deadline set in

rule;

3. A check arrives in an envelope that has a postmark after the applicable deadline set in rule;

4. A check is delivered directly to the department after the applicable deadline set in rule; and 5. A check dated prior to the deadline set in rule is received fourteen (14) days or later after the applicable deadline set in

rule and the envelope does not have a postmark to indicate when it was mailed.

(4) This rule does not preclude the department from seeking from commercial hazardous waste facilities recovery of costs incurred by the department as a result of any enforcement action against any hazardous waste facility.

**History**
- *AUTHORITY: sections 260.370 and 260.390, RSMo 2016, and section 260.391, RSMo Supp. 2024. Original rule filed Jan. 5, 1994, effective Aug. 28, 1994. Amended: Filed March 22, 1996, effective Nov. 30, 1996. Amended: Filed July 10, 2024, effective Feb. 28, 2025. Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010; 260.390, RSMo 1977, amended 1980, 1983, 1985, 1993, 2013; and 260.391, RSMo 1980, amended 1993, 2000, 2005, 2018. Pursuant to Executive Order 21-07, 10 CSR 25-12.020, subsection (3)(D) was suspended from April 19, 2021 through June 30, 2021.*

### **Chapter 13** Polychlorinated Biphenyls

##### **10 CSR 25-13.010** Polychlorinated Biphenyls {#sec-10-csr-25-13.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-13.010}

(Rescinded September 30, 2025)

Original rule filed Aug. 14, 1986, effective Jan. 1, 1987. Rescinded and readopted: Filed June 2, 1988, effective Dec. 20, 1988.

Amended: Filed Feb. 16, 1990, effective Dec. 31, 1990. Amended:

Filed June 1, 1998, effective Jan. 30, 1999. Amended: Filed Feb. 1, 2001, effective Oct. 30, 2001. Amended: Filed Oct. 15, 2008, effective June 30, 2009. Amended: Filed April 15, 2011, effective Dec. 30, 2011. Amended: Filed April 15, 2015, effective Dec. 30, 2015.

Amended: Filed June 14, 2018, effective March 30, 2019. Rescinded:

Filed Nov. 25, 2024, effective Sept. 30, 2025.

**History**
- *AUTHORITY: sections 260.370, 260.395, and 260.396, RSMo 2016.*

### **Chapter 14** Administrative Penalties

##### **10 CSR 25-14.010** Administrative Penalty Assessment {#sec-10-csr-25-14.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-14.010}

PURPOSE: This rule establishes the procedures for assessment of administrative penalties.

(1) General Provisions.

(A) Pursuant to section 260.412, RSMo, and in addition to any other remedy provided by law, upon determination by the department that a provision of sections 260.350 to 260.481, RSMo or a standard, limitation, order or rule promulgated, or a term or condition of any permit has been violated, the director may issue an order assessing an administrative penalty upon the violator. The amount of the administrative penalty will be determined according to section (3) of this

rule. In no event may the total penalty assessed per day of violation exceed the statutory maximum specified in section 260.425, RSMo.

(B) An administrative penalty shall not be imposed until the department has sought to resolve the violations through conference, conciliation and persuasion and shall not be imposed for minor violations. If the violation is resolved through conference, conciliation and persuasion, no administrative penalty shall be assessed unless the violation has caused, or had the potential to cause, a risk to human health or to the environment, or has caused or has potential to cause pollution, or was knowingly committed, or is defined by the United States Environmental Protection Agency as other than minor.

(C) An order assessing an administrative penalty, shall be served upon the operator, owner or appropriate representative through United States Postal Service certified mail, return receipt requested, a private courier or messenger service which provides verification of delivery or by hand delivery to the operator’s or owner’s residence or place of business. An order assessing an administrative penalty shall be considered served if verified receipt is made by the operator’s or owner’s appropriate representative. A refusal to accept, or a rejection of certified mail, private courier or messenger service delivery or by hand delivery of an order assessing an administrative penalty constitutes service of the order.

(D) The program may, at any time, withdraw, without prejudice, any administrative order.

(E) An order assessing an administrative penalty shall describe the nature of the violation(s), the amount of the administrative penalty being assessed and the basis of the penalty calculation.

(2) Definitions.

(A) Definitions for key words used in this

rule may be found at 260.360, RSMo, and 10 CSR 25-3.260(2).

(B) Additional definitions specific to this

rule are as follows:

1. Conference, conciliation and persuasion—A process of verbal or written communications, consisting of meetings, reports, correspondence or telephone conferences between authorized representatives of the department and the alleged violator. The process shall, at minimum, consist of one (1) offer to meet with the alleged violator tendered by the department. During any such meeting, the department and the alleged violator shall negotiate in good faith to eliminate the alleged violation and shall attempt to agree upon a plan to achieve compliance;

2. Economic benefit—Any monetary gain which accrues to a violator as a result of noncompliance;

3. Gravity-based assessment—The degree of seriousness of a violation taking into consideration the risk to human health and the environment posed by the violation and considering the extent of deviation from sections 260.350–260.481, RSMo;

4. Minor violation—A violation which possesses a small potential to harm the environment or human health or cause pollution, was not knowingly committed, and is not defined by the United States Environmental Protection Agency (U.S. EPA) as other than minor;

5. Multiple violation penalty—The sum of individual administrative penalties assessed when two (2) or more violations are included in the same complaint or enforcement action; and 6. Multi-day violation—A violation which has occurred on or continued for two (2) or more consecutive or nonconsecutive days.

(3) Determination of Penalties. The amount of an administrative penalty will involve the application of a gravity-based assessment under subsection (3)(A) and may involve additional factors for multiple violations, (3)(B), multi-day violations, (3)(C), and economic benefit resulting from noncompliance, (3)(D). The resulting administrative penalty may be further adjusted as specified under (3)(E).

(A) Gravity-Based Assessment. The gravity-based assessment is determined by evaluating the potential for harm posed by the violation and the extent to which the violation deviates from the requirements of the law.

1. Potential for harm. The potential for harm posed by a violation is based on the risk to human health or the environment or to the purposes of implementing the law and associated rules or permits.

A. The risk of exposure is dependent on both the likelihood that humans or the environment may be exposed to contaminants and the degree of potential exposure.

Penalties will reflect the probability the violation either did result in or could have resulted in a release of contaminants in the environment, and the harm which either did occur or would have occurred if the release had in fact occurred.

B. Violations which may or may not pose a potential threat to human health or the environment, but which have an adverse effect upon the purposes of or procedures for implementing the law and associated rules or permits may be assessed a penalty.

C. The potential for harm shall be evaluated according to the following degrees of severity:

(I) Major. The violation poses or may pose a substantial risk to human health or to the environment, or has or may have a substantial adverse effect on the purposes of or procedures for implementing the law and associated rules and/or permits;

(II) Moderate. The violation poses or may pose a significant risk to human health or to the environment, or has or may have a significant adverse effect on the purposes of or procedures for implementing the law and associated rules and/or permits; and (III) Minor. The violation does not pose significant or substantial risk to human health or to the environment, was not knowingly committed, and is not defined by the United States Environmental Protection Agency as other than minor.

2. Extent of deviation. The extent of deviation may range from slight to total disregard of the requirements of the law, and associated rules and/or permits. The assessment will reflect this range and will be evaluated according to the following degrees of severity:

A. Major. The violator has deviated substantially from the requirements of the law, associated rules, or permits resulting in substantial noncompliance;

B. Moderate. The violator has deviated significantly from the requirements of the law, associated rules, or permits resulting in significant noncompliance; and Rebecca McDowell Cook (10/31/99)

C. Minor. The violator has deviated slightly from the requirements of the law, associated rules, or permits that does not result in substantial or significant noncompliance; most provisions were implemented as intended; the violation was not knowingly committed; and is not defined by the United States Environmental Protection Agency as other than minor.

3. Gravity-based penalty assessment matrix. The matrix that follows will be used to determine the gravity-based assessment portion of the administrative penalty.

Potential for harm and extent of deviation form the axes of the matrix. The penalty range selected may be adapted to the circumstances of a particular violation.

Gravity Based Penalty Assessment Matrix (B) Multiple Violation Penalty. Penalties for multiple violations may be determined when a violation is independent of or substantially different from any other violation.

The director may order a separate administrative penalty for that violation as set forth in this rule.

(C) Multi-Day Penalty. Penalties for multi-day violations may be determined when the director has concluded that a violation(s) has continued or occurred for more than one (1) day. Multi-day penalty assessments will be determined by using the Multi-Day Penalty Assessment Matrix that follows. The director may seek penalties for each day of noncompliance not to exceed the amount of the civil penalty specified in section 260.425, RSMo.

Multi-Day Penalty Assessment Matrix (D) Economic Benefit. Any economic benefits, including delayed and avoided costs that have accrued to the violator as a result of noncompliance will be added to the penalty amount. Determination will be made by the department using an economic benefit formula that provides a reasonable estimate of the economic benefit of noncompliance. Economic benefit may be excluded from the administrative penalty if— 1. The economic benefit is an insignificant amount;

2. There are compelling public concerns that would not be served by taking a case to trial; or 3. It is unlikely that the department would be able to recover the economic benefit in litigation based on the particular case.

(E) Adjustments. The department may add to or subtract from the total amount of the penalty after consideration of the following adjustments:

1. Recalculation of penalty amount.

After the issuance of an order by the director, if new information about a violation becomes available which indicates that the original penalty calculation may have been incorrect, the department may recalculate the penalty in light of the new information. No adjustments will be made once a settlement agreement has been signed by all parties;

2. Good faith efforts to comply. The department may adjust a penalty amount downward if good faith efforts have been adequately documented by the violator. Good faith efforts include, but are not limited to, documentation that the violator has reported noncompliance or instituted measures to remedy the violation prior to detection by the department. However, good faith efforts to achieve compliance after agency detection are assumed and are not grounds for decreasing the penalty amount;

3. Culpability. In cases of heightened culpability which do not meet the standard of criminal activity, the penalty may be increased at the department’s discretion, within the limits of the matrix. Likewise, in cases where there is a demonstrable absence of culpability, the department may decrease the penalty. Lack of knowledge of the law and any associated rule and/or permit shall not be a basis of decreased culpability. The following criteria will be used to determine culpability:

A. How much control the violator had over the events constituting the violation;

B. The foreseeability of the events constituting the violation;

C. Whether the violator took reasonable precautions against the events constituting the violation;

D. Whether the violator knew or should have known of the hazards associated with the conduct; and E. Whether the violator knew or should have known of the legal requirement which was violated. This criteria shall be used only to increase a penalty, not to decrease it;

4. History of noncompliance. Where there has been a history of noncompliance with the law or any associated rule or permit, to a degree deemed significant due to frequency, similarity or seriousness of past violations, and considering the violator’s response to previous enforcement actions, the department may increase the administrative penalty. No downward adjustment is allowed because of this factor;

5. Ability to pay. When a violator has adequately documented that payment of all or a portion of the administrative penalty will preclude the violator from achieving compliance or from carrying out important remedial measures, the department may— A. Waive any of the administrative penalty; or B. Negotiate a delayed payment schedule, installment plan or penalty reductions with stipulated penalties; and 6. Other adjustment factors. This rule allows for other penalty adjustments based on fairness and equity not mentioned in this rule which may arise on a case-by-case basis.

(4) Proceeds From Administrative Penalties.

The proceeds from any administrative penalty assessed in accordance with this rule shall be paid to the county treasurer of the county in which the violation(s) occurred for the use and benefit of the county schools.

(5) Natural Resource Damages. Nothing in this rule shall be construed as satisfying any claim by the state for natural resource damages.

4CODE OF STATE REGULATIONS

(10/31/99) Rebecca McDowell Cook Extent of DeviationPotential for Harm MajorModerateMinor Major $400-$200$300-$150$220-$110 Moderate $160-$80$100-$50$60-$30 Minor $40-$20$20-$10$0 Extent of DeviationPotential for Harm MajorModerateMinor Major $8,000-$6,000$6,000-$4,400$4,400-$3,200 Moderate $3,200-$2,000$2,000-$1,200$1,200-$600 Minor $600-$200$200-$40$0

**History**
- *AUTHORITY: sections 260.370 and 260.437, RSMo Supp. 1998 and 260.412, RSMo 1994. Original rule filed Jan. 3, 1992, effective Dec. 3, 1992. Rescinded and readopted: Filed April 15, 1999, effective Nov. 30, 1999. Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995; 260.412, RSMo 1991, amended 1993; and 260.437, RSMo 1993, amended 1995.*

### **Chapter 15** Hazardous Substance Environmental Remediation (Voluntary Cleanup Program)

##### **10 CSR 25-15.010** Hazardous Substance Environmental Remediation (Voluntary Cleanup Program) {#sec-10-csr-25-15.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-15.010}

PURPOSE: This rule defines those persons who may apply to the Missouri Department of Natural Resources for oversight of an environmental remediation cleanup in accordance with sections 260.565—260.575, RSMo, and establishes procedures for participation.

(1) Applicability. Any person, including, but not limited to, a person acquiring, disposing of or possessing a lien holder interest in real property that is known to be or suspected to be contaminated by hazardous substances, may apply to remediate the real property with oversight by the Missouri Department of Natural Resources.

(2) Intent to Participate.

(A) Application forms may be submitted at any time from the completion of a Phase I environmental site assessment up through the development, but not including the implementation, of a remedial action plan.

(B) The department will review the form for completeness. The department will return any form deemed incomplete to the person for completion. Upon receipt of all requested information, the department will notify the person that the application form is complete and proceed according to section (3) of this

rule.

(C) The department will deny applications for sites pursuant to section 260.567.2, RSMo, including sites that fall within any of the following categories:

1. Conditions at a site constitute an imminent and substantial threat to public health or the environment;

2. Site inspection is completed and the site is being evaluated for listing on the National Priorities List (NPL); or 3. Permitted or interim status Resource Conservation Recovery Act facilities.

(3) Environmental Remediation Oversight.

(A) All reports, including other information requested by the department pursuant to

section 260.567.3, RSMo, shall be submitted within ninety (90) days following receipt of notice from the department that these reports are required. An extension may be granted at the department’s discretion.

(B) The department will review and comment on the reports within one hundred eighty (180) days. The one hundred eighty (180) days shall start upon receipt of all the reports or the deposit pursuant to section 260.567.3, RSMo, whichever is later.

(C) The person shall notify the department’s voluntary cleanup project manager by telephone, facsimile or letter no later than five (5) working days before the intended starting date of field work relating to site characterization or remediation.

(4) Remedial Action Plan.

(A) The person shall submit a remedial action plan for any contamination identified in the environmental site assessments within ninety (90) days following notice from the department that this information is required.

An extension may be granted at the department’s discretion. The remedial action plan shall satisfy the requirements of section 260.567.6., RSMo. The department shall review the remedial action plan and determine if the plan is protective of human health and the environment. If revisions or modifications of the plan are necessary, the department will notify the person of the required revisions.

(B) Completion Report. A final completion report signed by the person or an authorized agent, documenting that all required work has been satisfactorily completed shall be submitted to the department.

(5) Notification of Completion. The department will issue a letter of completion pursuant to section 260.573, RSMo.

(6) Termination of Environmental Remediation.

(A) Pursuant to section 260.567.11., RSMo, a person may terminate participation at any time by providing the department with written notification. This termination does not affect the person’s environmental liability.

(B) Pursuant to section 260.569.3., RSMo, the department may terminate a person’s participation in the environmental remediation oversight agreement for cause.

(C) Reimbursement of unspent oversight monies shall be handled in accordance with

section 260.569.4., RSMo.

(7) Oversight Reimbursements. The person shall reimburse the department for site-specific administration and oversight costs in accordance with section 260.569.1, RSMo and this rule.

(A) A complete accounting of the costs incurred by the department will be billed to the person by certified mail at the following rates:

1. Personnel. The project manager’s and geology and laboratory field personnel’s hourly rates multiplied by a fixed factor of three and one-half (3 1/2) will be the basis for time accounting billing. This fixed factor is composed of direct labor costs; fringe benefits, calculated at a rate developed by the department, indirect costs calculated at a rate approved by the United States Environmental Protection Agency; and direct overhead, including, but not limited to, the cost of clerical support and supervisory engineering review and Hazardous Waste Program administrative and management support;

2. Expenses. The direct expenses incurred during administration and oversight and any analytical costs associated with sampling; plus indirect costs calculated at the approved United States Environmental Protection Agency rates; and 3. Monitoring fee. For sites that require engineering and/or institutional controls (e.g., capping, deed restrictions), the person shall submit a fee to cover the department’s long-term monitoring costs. The department’s voluntary cleanup project manager shall establish a site-specific monitoring fee, ranging from five thousand dollars to fifteen thousand dollars ($5,000–$15,000). The amount of the monitoring fee shall be dependent upon the complexity of the site and the type of engineering and/or institutional controls.

(B) The person shall reimburse the department as follows:

1. After the two hundred dollar ($200) application fee has been expended pursuant to

section 260.569.1, RSMo, reimbursement shall be made from the deposit pursuant to

section 260.567.3, RSMo.

2. The department shall bill the person for any further expenses. The person shall reimburse the department within sixty (60) days following notice from the department that reimbursement is due. Failure to submit timely reimbursement may be grounds for termination of the environmental remediation oversight agreement.

(C) The person may appeal pursuant to

section 260.569.1, RSMo. Upon appeal to the commission, the disputed amount shall be placed in escrow pending resolution of the appeal.

(8) Appeals. Appeal hearings will be conducted by the commission in accordance with

section 260.400, RSMo.

JOHNR. ASHCROFT(2/28/19)

(Voluntary Cleanup Program)10 CSR 25-15 28, 1994. Amended: Filed June 1, 1998, effective Jan. 30, 1999. Amended: Filed Feb. 1, 2001, effective Oct. 30, 2001. Amended:

Filed June 12, 2018, effective March 30, 2019. *Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010; 260.567, RSMo 1993; 260.569, RSMo 1993, amended 2000, 2005; 260.571, RSMo 1993; and 260.573, RSMo 1993.

4CODE OF STATE REGULATIONS

(2/28/19) JOHNR. ASHCROFT

**History**
- *AUTHORITY: sections 260.370, 260.567, 260.569, 260.571, and 260.573, RSMo 2016. Original rule filed Jan. 5, 1994, effec tive Aug.*

### **Chapter 16** Universal Waste

##### **10 CSR 25-16.273** Standards for Universal Waste Management {#sec-10-csr-25-16.273 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-16.273}

PURPOSE: This rule provides standards for managing certain widely generated hazardous wastes, which due to their ease of safe transport, wide diversity of generators, and the ready availability of recycling technology, are considered universal wastes when recycled or disposed in compliance with the rule.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) The regulations set forth in 40 CFR part 273, July 1, 2024, as published by the Office of the Federal Register, National Archives and Records Administration, Superintendent of Documents, Pittsburgh, PA 15250-7954, are incorporated by reference. This rule does not incorporate any subsequent amendments or additions. Except as provided otherwise in this

rule, the substitution of terms set forth in 10 CSR 25-3.260(1)(A) applies in this rule in addition to any other modifications set forth in section (2) of this rule. Where conflicting rules exist in 10 CSR 25, the more stringent rules control, but in no circumstance shall the more stringent rule violate the statutory requirements set forth in 260.373, RSMo.

(2) Small and large quantity handlers of universal waste, universal waste transporters, and owners or operators of a universal waste destination facility shall comply with the requirements noted in this section in addition to requirements set forth in 40 CFR part 273 incorporated in this rule. (Comment: This section has been organized such that Missouri additions or changes to a particular federal subpart are noted in the corresponding subsection of this section. For example, the requirements to be added to 40 CFR part 273 subpart A are found in subsection (2)

(A) of this rule.)

(A) General. (Reserved)

(B) Standards for Small Quantity Handlers of Universal Wastes. In addition to the requirements in 40 CFR part 273

subpart B, the following regulations also apply.

1. The substitution of terms in 10 CSR 25-3.260(1)(A) does not apply in 40 CFR 273.20, as incorporated in this rule. The state may not assume authority from the Environmental Protection Agency (EPA) to receive notifications of intent to export or to transmit this information to other countries through the Department of State or to transmit Acknowledgments of Consent to the exporter. This modification does not relieve the regulated person of the responsibility to comply with the Resource Conservation and Recovery Act (RCRA) or other pertinent export control laws and regulations issued by other agencies.

(C) Standards for Large Quantity Handlers of Universal Wastes. In addition to the requirements in 40 CFR part 273

subpart C, the following regulations also apply:

1. The substitution of terms in 10 CSR 25-3.260(1)(A) does not apply in 40 CFR 273.40, as incorporated in this rule. The state may not assume authority from the EPA to receive notifications of intent to export or to transmit this information to other countries through the Department of State or to transmit Acknowledgments of Consent to the exporter. This modification does not relieve the regulated person of the responsibility to comply with RCRA or other pertinent export control laws and regulations issued by other agencies.

(D) Standards for Universal Waste Transporters.

1. In addition to the requirements set forth in 40 CFR part 273, subpart D, universal waste transporters shall— A. Comply with all provisions of 10 CSR 25-6.263 if hazardous waste, as defined at 10 CSR 25-4.261 and not managed under the provisions of this rule, is transported in the state of Missouri; and B. Comply with the provisions of 10 CSR 25-6.263(2)(C) following a discharge of universal waste.

2. In 40 CFR 273.51(a) add the phrase “into the environment” after the phrase “prohibited from disposing of universal waste.”

(E) Standards for Destination Facilities. (Reserved)

(F) Import Requirements. (Reserved)

(G) In addition to the requirements in 40 CFR 273 subpart G, any person seeking to add a hazardous waste or a category of hazardous waste to this rule shall comply with those provisions of section 536.041, RSMo, that describe a petition process to adopt, amend, or repeal any rule.

Amended: Filed April 15, 2011, effective Dec. 30, 2011. Amended:

Filed April 15, 2015, effective Dec. 30, 2015. Amended: Filed June 14, 2018, effective March 30, 2019. Amended: Filed July 10, 2024, effective Feb. 28, 2025. *Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010.

**History**
- *AUTHORITY: section 260.370, RSMo 2016. Original rule filed June 1, 1998, effective Jan. 30, 1999. Amended: Filed Feb. 1, 2001, effective Oct. 30, 2001. Amended: Filed March 31, 2006, effective Dec. 30, 2006. Amended: Filed Oct. 15, 2008, effective June 30, 2009.*

### **Chapter 17** Dry-Cleaning Environmental Response Trust Fund

##### **10 CSR 25-17.050** Reporting of Releases and Existing Contamination {#sec-10-csr-25-17.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-17.050}

##### **10 CSR 25-17.130** Suspension of Collection of Surcharges; Reinstatement NATURAL RESOURCES Management Commission Response Trust Fund {#sec-10-csr-25-17.130 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-17.130}

##### **10 CSR 25-17.010** Applicability {#sec-10-csr-25-17.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-17.010}

**History**
- *AUTHORITY: sections 260.900 and 260.905,*

##### **10 CSR 25-17.020** Definitions {#sec-10-csr-25-17.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-17.020}

**History**
- *AUTHORITY: sections 260.900 and 260.905,*

##### **10 CSR 25-17.030** Registration and Surcharges {#sec-10-csr-25-17.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-17.030}

**History**
- *AUTHORITY: sections 260.905, 260.935 and 260.940, RSMo Supp. 2005. Original rule*

##### **10 CSR 25-17.040** Reporting and Record Keeping {#sec-10-csr-25-17.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-17.040}

**History**
- *AUTHORITY: sections 260.905, RSMo Supp. 2005 and 260.955, RSMo 2000. Original rule*

##### **10 CSR 25-17.050** Reporting of Releases and Existing Contamination {#sec-10-csr-25-17.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-17.050}

**History**
- *AUTHORITY: sections 260.905, RSMo Supp. 2005 and 260.910, RSMo 2000. Original rule*

##### **10 CSR 25-17.060** Site Prioritization and Completion 2005. Original rule filed Oct. 3, 2005, effec- {#sec-10-csr-25-17.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-17.060}

##### **10 CSR 25-17.070** Closure of Facilities 2005. Original rule filed Oct. 3, 2005, effec- {#sec-10-csr-25-17.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-17.070}

##### **10 CSR 25-17.080** Site Characterization and Corrective Action 2005. Original rule filed Oct. 3, 2005, effec- {#sec-10-csr-25-17.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-17.080}

##### **10 CSR 25-17.090** Application Procedures 2005. Original rule filed Oct. 3, 2005, effec- {#sec-10-csr-25-17.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-17.090}

##### **10 CSR 25-17.100** Participation and Eligibility for Funding {#sec-10-csr-25-17.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-17.100}

##### **10 CSR 25-17.110** Eligible Costs {#sec-10-csr-25-17.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-17.110}

##### **10 CSR 25-17.120** Payment of Deductible and Limits on Payments {#sec-10-csr-25-17.120 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-17.120}

##### **10 CSR 25-17.130** Suspension of Collection of Surcharges; Reinstatement {#sec-10-csr-25-17.130 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-17.130}

**History**
- *AUTHORITY: sections 260.905 and 260.945,*

##### **10 CSR 25-17.140** General Reimbursement Procedures 2005. Original rule filed Oct. 3, 2005, effec- {#sec-10-csr-25-17.140 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-17.140}

##### **10 CSR 25-17.150** Claims 2005. Original rule filed Oct. 3, 2005, effec- {#sec-10-csr-25-17.150 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-17.150}

##### **10 CSR 25-17.160** Notification of Abandoned Sites {#sec-10-csr-25-17.160 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-17.160}

##### **10 CSR 25-17.170** Violations of Dry Cleaning Remediation Laws {#sec-10-csr-25-17.170 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-17.170}

**History**
- *AUTHORITY: sections 260.905 and 260.910, JOHNR. ASHCROFT(7/31/18)*

### **Chapter 18** Risk-Based Corrective Action

##### **10 CSR 25-18.010** Risk-Based Corrective Action Process {#sec-10-csr-25-18.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-18.010}

PURPOSE: The Department of Natural Resources (department) oversees response, characterization, risk assessment, and risk management under a variety of authorities at over two thousand (2,000) contaminated sites in Missouri. Many more sites are in an early stage of investigation or as yet unknown to the department. The impetus and philosophy behind Missouri Risk-Based Corrective Action (MRBCA) is to provide a framework for cleanup decisions that facilitates the constructive use of contaminated sites by protecting human health and the environment in the context of current and reasonably anticipated future site use. This framework can streamline the process of site cleanup and closure.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Definitions.

(A) As used in this rule the following terms mean:

1. 7Q10 low-flow of a stream—the average minimum flow for seven (7) consecutive days that has a probable recurrence interval of once-in-ten (10) years;

2. Activity and use limitations (AULs)— mechanisms or controls that ensure that exposure pathways to chemicals of concern (COCs) associated with current or reasonably anticipated future uses are not completed for as long as the COCs would pose an unacceptable risk to human health, public welfare, or the environment if the pathways were complete;

3. Applicable target levels—one (1) of the following for each chemical of concern:

A. The default target level as defined below;

B. The tier 1 risk-based target level as defined below for tier 1 purposes; or C. A tier 2 or tier 3 site-specific target level as defined below for tier 2 or tier 3 purposes;

4. Chemical of concern (COC)—chemical that may contribute to risk at a site;

5. Commission—the Missouri Hazardous Waste Management Commission;

6. Conceptual site model—information that qualitatively and/or quantitatively describes the relevant site-specific factors that determine the risk COCs pose to human health and the environment and provides a

basis for management of a site;

7. Cumulative site-wide risk—sum of risk for all chemicals;

8. Default target level (DTL)—the concentration of a chemical of concern that is the lowest of the tier 1 risk-based target levels for all exposure pathways and below which human receptors are protected from all complete exposure pathways for residential or other unrestricted land use. For each contaminant of concern, the default target level shall be either— A. The target level shown in Table B- 1 of Appendix B of the Departmental Missouri Risk-Based Corrective Action (MRBCA) Technical Guidancedocument published by the Department of Natural Resources, PO Box 176, Jefferson City, MO 65102-0176, dated April 2006 and updated in June 2006 and June 2008, which is hereby incorporated by reference without any later amendments or additions; or B. A different value if the department determines in writing that a deviation is appropriate based on changes in the scientific data used to calculate such default target level;

9. Department—the Department of Natural Resources (DNR), which includes the director thereof, or the person or division or program within the department delegated the authority to render a decision, order, determination, finding, or other action that is subject to review by the commission;

10. Domestic use of groundwater— groundwater used for indoor water use activities such as drinking, cooking, showering, and other uses by which a receptor could be exposed to COCs via ingestion, dermal contact, or inhalation of vapors;

11. Ecological risk assessment—the process that evaluates the likelihood that adverse ecological effects may occur or are occurring as a result of exposure of ecological receptors to one (1) or more contaminants of concern;

12. Exposure—contact of a chemical of concern with an organism;

13. Exposure domain—the area that can result in a particular receptor being exposed to COCs by a specified exposure pathway;

14. Exposure factors—human behaviors and characteristics that affect the degree or amount of exposure to a chemical of concern, such as duration, frequency, body weight, inhalation rate, or intake rate;

15. Exposure pathway—the course a chemical takes from a source to the receptor.

An exposure pathway describes a unique mechanism by which an individual or population is exposed to chemicals originating from a site. Each exposure pathway includes a source or release from a source, an exposure point, and an exposure route. If the exposure point differs from the source, a transport/exposure medium (e.g., air) or media (in cases of intermedia transfer) also is included. The exposure pathway is considered complete if there are no discontinuities in or impediments to movement from the source of the contaminant to the receptor;

16. Fate and transport parameters—factors that characterize physical site properties that affect how a chemical of concern may travel or disperse in any particular medium;

17. Habitat—a place where an ecological receptor, such as an animal or plant, normally lives;

18. Hazard index—the sum of more than one (1) hazard quotient for multiple substances and/or multiple exposure pathways;

19. Hazard quotient—the ratio of an exposure level to a substance to a non-carcinogenic toxicity value selected for the risk assessment for that substance;

20. Hydraulic conductivity—the volume of water at the existing kinematic viscosity that will move in unit time under a unit hydraulic gradient through a unit area measured at right angles to the direction of flow;

21. Long-term stewardship (LTS)—the system of controls, institutions, and information required to ensure protection of human health, public welfare, and the environment at sites where residual contamination has been left in place above unrestricted use levels for the period of time over which the contaminants exceed those levels. Activity and Use Limitations (AULs) may be an integral

part of long term stewardship. AULs shall be designed to ensure that pathways of exposure to COCs associated with current or reasonably anticipated future uses are not completed for as long as the COCs would pose an unacceptable risk to human health, public welfare, or the environment if the pathways were complete;

22. Point of demonstration (POD) wells—wells located between the source and the POE to monitor the COC concentrations in groundwater to prevent exceedances at the POE;

23. Point of exposure (POE)—the nearest down gradient, three-dimensional location that could reasonably be considered for installation of a groundwater supply well;

24. Receptor—an organism that receives, may receive, or has received exposure to a COC as a result of a release. Under the MRBCA program, human receptor refers to a resident child, resident adult, age-adjusted resident (one who resides on the site from birth to age thirty (30)), non-resident adult, or construction worker;

25. Remediating party—the party who is legally responsible for, or who is otherwise taking on the responsibility for, the investigation, risk assessment, and remediation of property known or believed to be contaminat- 26. Representative chemical concentration—the average concentration to which a receptor is exposed over the specified exposure duration, within a specified exposure domain, and for a specific exposure pathway;

27. Risk-based target level (RBTL)—the pathway and chemical-specific concentration of a chemical of concern in an environmental medium that meets an acceptable human health risk level. Risk-based target levels are calculated by the department using standard models and default exposure factors, toxicity factors, physical and chemical properties, and contaminant fate and transport parameters and are applicable at tier 1 of the risk-based corrective action process. For each contaminant of concern, the risk-based target level shall be either— A. The risk-based target level shown in Tables B-1 through B-11 of Appendix B of the Departmental Missouri Risk-Based Corrective Action (MRBCA) Technical Guidancedocument published by the Department of Natural Resources, PO Box 176, Jefferson City, MO 65102-0176, dated April 2006 and updated in June 2006 and June 2008, which are hereby incorporated by reference without any later amendments or additions; or B. A different value if the department determines in writing that a deviation is appropriate based on changes in the scientific data used to calculate such risk-based target level;

28. Risk management plan—a written account of all site-specific activities necessary to manage a site’s risk to human health, public welfare, and the environment so that acceptable risk levels are not exceeded under current or reasonably anticipated future land use conditions;

29. Route of exposure—the manner or mechanism by which a COC enters a receptor’s body, for example, ingestion, inhalation, or dermal contact;

30. Site—areal extent of contamination inclusive of contamination both on the property at which the contamination originated and on all adjacent and nearby properties onto which such contamination has or is likely to migrate;

31. Site-specific target levels (SSTLs)— pathway and chemical specific calculated risk-based target levels that are based on sitespecific data and an acceptable risk level considered protective of human health and the environment.

A. Site-specific target levels calculated at tier 2 of the risk-based corrective action process using site-specific fate and transport data and the toxicity factors, parameters for dermal contact pathway, physical and chemical properties, and exposure factors found in tables E-1, E-2, E-3, and E-4, respectively, and default models and equations found in

Appendix E of the Departmental Missouri Risk-Based Corrective Action (MRBCA)

Technical Guidancedocument published by the Department of Natural Resources, PO Box 176, Jefferson City, MO 65102-0176, dated April 2006 and updated in June 2006 and June 2008, which are hereby incorporated by reference, without any later amendments or additions, and are applicable unless the department determines in writing that a deviation is appropriate based on changes in the scientific data used to calculate the sitespecific target levels.

B. Site-specific target levels calculated at tier 3 of the risk-based corrective action process using default, literature-derived, and/or site-specific exposure factors, physical and chemical properties, toxicity factors, and fate and transport data and default, alternative or a combination of default and alternative models are applicable unless the department determines or has determined that a deviation is appropriate based on site-specific conditions or changes in the scientific data used to calculate the site-specific target levels;

32. Source property—the property or properties on which contamination originat- 33. Subsurface soil—soil from three feet (3') below ground surface to the water table;

34. Surficial soil—soil from zero to three feet (0'–3') below ground surface; and 35. Unrestricted use levels—chemical concentrations at which soil and groundwater at a site are safe for residential land use and domestic use of groundwater.

(2) Applicability.

(A) This rule applies to contaminated or potentially contaminated sites. The riskbased corrective action process does not in any way supersede or change applicable federal statutes and regulations. This rule does not supersede the requirement that state programs authorized by the United States Environmental Protection Agency that are operating in lieu of the federal program, including but not limited to the federal Resource Conservation and Recovery Act, be at least as protective as the federal program.

This rule does not change the federally mandated, program-specific administrative, technical, and notification requirements on either a remediating party or regulators. Neither the remediating party nor the department can pick or choose portions of the media or sites to which this process will apply. This rule will be applicable only to newly discovered sites, new releases discovered at previously closed sites, on-going cleanups, and site reviews where a different use is being contemplated than planned for at the time of closure. Nothing in this rule addresses any natural resources damages claims that may be applicable at a site.

(B) In the absence of a hazardous substance emergency or any other situation requiring immediate corrective action, and in lieu of complete remediation, any party seeking to remediate a contaminated site within the purview of the Missouri Department of Natural Resources may choose to follow the risk-based process described in this rule, which may be applied at any of the following types of sites:

1. Sites on the registry of abandoned or uncontrolled sites pursuant to section 260.435, RSMo, et seq;

2. Sites enrolled in the Voluntary Cleanup Program pursuant to section 260.265, RSMo, et seq;

3. Sites with dry-cleaning facilities governed by section 260.900, RSMo, et seq; or 4. Any other site where the department and the remediating party agree to apply this

rule.

(C) This rule does not apply to petroleum storage tank sites where risk-based corrective action is implemented in accordance with

section 319.109, RSMo, and any implementing rules.

(D) Where necessary to promote the public benefit of remediating a “brownfield” or other voluntary cleanup site, a remediating party who is substantially in compliance with the EPA All Appropriate Inquiries rule (40 CFR Part 312) and who, along with the property owner or operator if different from the remediating party, did not cause nor contribute to the release or potential release of a hazardous material at the site, may apply the 4CODE OF STATE REGULATIONS requirements of sections (8), (11), (14), (15), and (16) and subsections (4)(B), (9)(J), (18)(A), and (19)(A) of this rule, to the property subject to voluntary remediation rather than the entire site.

(3) Rationale and Characteristics of Tiered Approach. Each tier will result in cleanup target levels that provide an acceptable level of protection to human health, public welfare, and the environment. This rule is based on Missouri Risk-Based Corrective Action (MRBCA) Technical Guidancepublished by the department. Table 1, included herein, shows a comparison of risk-based assessment options.

(4) Risk-Based Corrective Action Process.

This section identifies the steps in the process. Requirements for steps (B) through (G) are contained in succeeding sections. The department shall establish a Memorandum of Understanding with the Missouri Department of Health and Senior Services (DHSS) to effectively involve DHSS in the risk assessment activities in the risk-based corrective action process.

(A) Determination and Abatement of Imminent Threat(s). When imminent threats are discovered, the remediating party shall inform the department immediately. Upon completion of imminent threat abatement actions, the remediating party shall submit a report to the department that documents the activities and confirms that all imminent threats have been abated.

(B) Initial Site Characterization and Comparison with Default Target Levels. The remediating party shall perform an initial site characterization. The initial site characterization shall be conducted to identify with certainty the maximum concentrations of the contaminants or chemicals of concern in each impacted environmental media and compare the sample concentrations with default target levels (DTLs) and, to the extent needed, water quality criteria (10 CSR 20-7.031).

Impacts are to be delineated to the higher of DTLs or other residential levels necessary to protect the receptors from complete exposure pathways. This initial comparison is not required if the remediating party has chosen to conduct a tier 1 or tier 2 analysis. The extent of contamination and complete exposure pathways, not the property boundaries, determine the extent of site-specific data collection and analysis.

(C) Development and Validation of Conceptual Site Model. If the maximum concentrations of COCs exceed the DTLs, or the DTLs are not selected as the cleanup levels, the remediating party shall develop and validate a conceptual site model. A conceptual site model shall qualitatively and/or quantitatively describe the relevant site-specific factors that determine the risk COCs pose to human health and the environment. If the contaminants are below the default target levels, the remediating party may request a letter of completion.

(D) Acceptable Risk. For the MRBCA process, the acceptable risk levels are— 1. Carcinogenic risk. The total risk for each chemical, which is the sum of risk for all complete exposure pathways for each chemical, shall not exceed 1 × 10 . The cumulative site-wide risk (sum of risk for all chemicals and all complete exposure pathways) shall not exceed 1 × 10 ; and 2. Non-carcinogenic risk. The hazard index for each chemical, which is the sum of hazard quotients for all complete exposure pathways for each chemical (the total risk), shall not exceed 1.0. The sitewide hazard index, which is the sum of hazard quotients for all chemicals and all complete exposure pathways, shall not exceed 1.0.

3. If the hazard index exceeds 1.0, a qualified toxicologist may calculate the hazard index corresponding to a specific toxicological end point.

(E) Tier 1 Risk Assessment. Based on the comparison of representative concentrations and tier 1 risk-based target levels or calculated site risk with target risk, the remediating party may— 1. Request a determination from the department that the residual concentrations are protective of human health, public welfare, and the environment. If the concentrations are below the tier 1 risk-based target levels, the remediating party may request a letter of completion;

2. Adopt tier 1 risk-based target levels and submit a Risk Management Plan to manage the risk associated with these levels; or 3. Perform a tier 2 risk assessment.

Unless performing a tier 2 risk assessment, upon completion of the tier 1 risk assessment, the remediating party shall submit a tier 1 risk assessment report to the depart- (F) Tier 2 Risk Assessment. Tier 2 risk assessments allow for the use of site-specific fate and transport parameters to calculate site-specific target levels. Tier 2 site-specific target levels are calculated values based on site-specific data, including but not limited to the nature and extent of contamination and physical characteristics of the site. After the tier 2 site-specific target levels have been calculated, the results shall be compared with representative COC concentrations at the site.

Based on the comparison results, the remediating party may— 1. Request a determination from the department that the residual concentrations are protective of human health, public welfare, and the environment;

2. Adopt calculated tier 2 site-specific target levels as cleanup levels and develop a risk management plan to manage the risk associated with these levels; or 3. Develop a work plan for a tier 3 risk assessment. Upon completion of the tier 2 risk assessment, the remediating party shall provide a tier 2 risk assessment report to the department.

(G) Tier 3 Risk Assessment. The remediating party shall submit a work plan to the department and receive approval prior to the performance of a tier 3 risk assessment.

Upon completion of the tier 3 risk assessment, the remediating party shall provide a tier 3 risk assessment report to the depart- (H) Development, Approval, and Implementation of Risk Management Plan (RMP).

The risk management plan shall protect human health, public welfare, and the environment under current and reasonably anticipated future use conditions. An RMP shall be developed after the department approves media-specific cleanup levels under any of the tiers. Where residual contamination will be left in place above unrestricted use levels, the RMP shall include an AUL as an integral

part of the plan. The RMP shall be implemented as written and approved. Data shall be collected and analyzed to evaluate the performance of the plan and, if needed, to implement modifications. If additional information becomes available while or after the RMP has been implemented that shows the site poses an unacceptable risk to human health, public welfare, or the environment, or that the land use has changed and is no longer compatible with the risk management plan, the department may rescind its decision and require further action at the site.

6CODE OF STATE REGULATIONS

Table 1 Comparison of Risk Assessment Options Factors DTL Tier 1 Tier 2 Tier 3 Exposure Factors Default Default Default Site-specific Toxicity Factors Default Default Default Most current Physical and Chemical Properties Default Default Default Most current Fate and Transport Parameters Default Default Site-specific Site-specific Unsaturated Zone Attenuation Site-specific model Fate and Transport Models Default Default Default Alternative Comparative Maximum IELCR for Each Chemical & Exposure Pathway Hazard Quotient for Each Chemical & Exposure Pathway 1 1 1 1 Site-wide IELCR Site-wide Hazard Index 1 1 1 1 Domestic Use of Groundwater Pathway if Complete Ecological Risk Compare with WQC Evaluate Evaluate Evaluate Outcome of Evaluation LOC, Tier 1, LOC, Tier 2, LOC, Tier 3, LOC, RMP Land Use No Yes Yes Yes Activity and Use Limitations None Depend on land use, groundwater use, and other assumptions in risk assessment DTL: Default Target Level MCL: Maximum Contaminant Level IELCR: Individual Excess Lifetime Cancer Risk RMP: Risk Management Plan LOC: Letter of Completion WQC: Water Quality Criteria, 10 CSR 20-7.031 (5) Applicable Target Levels within the MRBCA Process. If an analysis proceeds from DTLs through the tiers and the applicable target levels become lower, the remediating party does not have the option of using higher levels from the previous tier since the higher tiered analysis provides a more precise estimate of the actual risk. Large sites may be divided into smaller areas, and these areas may be managed using different applicable target levels and different AULs.

(6) Documentation of the MRBCA Process.

To record the data, analysis, and decision making of the MRBCA process, the remediating party shall develop applicable documents including the initial site characterization, the conceptual site model, the risk assessment, and the risk management plan.

Each applicable document shall be provided to the department.

(7) Initial Site Characterization.

(A) The remediating party shall develop an initial site characterization, consisting of a site description, data collection work plan, and comparison of the maximum concentrations of chemicals of concern with default target levels and relevant water quality criteria.

(B) Site Description. The remediating party shall conduct a thorough site reconnaissance and a historic review of site use and site operations to identify existing and potential sources of contamination. The remediating party shall prepare a list of potential chemicals of concern (COCs) and the probable onsite location(s) of COCs. The remediating party shall prepare a site description based on available information, including but not limited to— 1. Knowledge of known or documented releases;

2. Current and past location of certain structures that represent potential sources (for example, pipelines, process areas, pumps, or transformers);

3. Historic documentation of site layout such as aerial photographs, fire insurance maps, etc.;

4. Interviews with current and past owners and operators to understand site activities;

5. Permits issued for various activities;

6. One (1) or more site visits.

(C) Collection of Data. Prior to the collection of environmental data for the initial site characterization, the remediating party shall submit the initial characterization and data collection work plan to the department for review and approval. The work plan shall meet the minimum data quality assurance/quality control requirements of the department’s Quality Management Plan.

After approval, the remediating party shall implement the work plan.

(D) Comparison with Default Target Levels and Relevant Water Quality Criteria.

1. The remediating party shall compare the maximum groundwater concentrations with the lower of the DTLs or the applicable water quality criteria. To determine if an ecological risk exists at the site, for any COCs listed in the guidance document for aquatic life protection, determine whether levels found exceed water quality criteria.

Other potentially toxic substances for which sufficient toxicity data are not available may not be released to waters of the state until safe levels are demonstrated through adequate bioassay studies.

2. For any COCs found to exceed water quality criteria, determine whether and where there are any complete pathways for eco-receptors by completing a level 1 ecological risk assessment.

3. For both ecological and human health risk assessments, the maximum soil and groundwater concentrations shall be compared with the default target levels (DTLs) presented in Appendix B of the guidance. If the maximum soil and groundwater concentrations do not exceed the DTLs and no ecological risk is identified, the remediating party may petition the department for a letter of completion. If either the soil or groundwater maximum concentrations exceed their comparative values, the remediating party shall either— A. Conduct a tier 1, tier 2, or tier 3 evaluation; or B. Select the DTLs (or lower of DTLs and water quality criteria if ecological issues are of concern) as the cleanup levels.

(E) Initial Characterization Report. The remediating party shall document the results of the initial characterization and comparison with target levels in a report to the depart- (8) Conceptual Site Model.

(A) Components of Conceptual Site Model. The remediating party shall develop a conceptual site model, including the following key elements:

1. The chemical release scenario, known and suspected source(s), and chemicals of concern (COCs);

2. Spatial and temporal distribution of COCs in the various affected media;

3. Description of any known durable and enforceable land or water use restrictions;

4. Current and reasonably anticipated future land and groundwater use;

5. Description of site stratigraphy, hydrogeology, meteorology, determination of the predominant vadose zone soil type, and identification of surface water bodies that may potentially be affected by site COCs;

6. Remedial activities conducted to date;

7. An exposure model that identifies the receptors, exposure pathways, and routes of exposure under current and reasonably anticipated future land use conditions.

(B) Determinations of Reasonably Anticipated Future Land Use. The department will make final decisions with respect to the reasonably anticipated future land use of each property that is or is a part of a site evaluated under the risk-based corrective action process. The department will make such decisions in accordance with the following:

1. Decisions will be made in consideration of information available to the department relevant to the future use of a property, including conclusions and recommendations in a risk assessment report, provided to the department by the remediating party, the owner of an adjacent or nearby property affected by a release from the source property being evaluated by the remediating party, or either party’s environmental consultant or other authorized designee;

2. The department may also consider information obtained from other information sources, including but not limited to, local, county, state, and federal governmental entities and actual and prospective future purchasers, developers, tenants, and users of the property to which the decision pertains; and 3. The department may request future land use information from the owner, or the owner’s authorized designee, of an adjacent or nearby property affected by a release from a source property being evaluated under the risk-based corrective action process. Such owner or designee is not obligated to respond to the department’s request.

(C) Exposure Model.

1. In developing an exposure model, the following receptors shall be considered at all sites:

A. Resident;

B. Non-resident worker; and C. Construction worker.

2. The exposure model shall consider any additional receptors that may be exposed to contamination, both currently and in the future.

3. The exposure model shall include a determination as to whether or not each of the following pathways is complete under current or future conditions:

A. Pathways for surficial soils, defined as zero to three feet (0'–3') below ground surface (bgs):

(I) Leaching to groundwater and potential use of groundwater;

(II) Leaching to groundwater and subsequent migration to a surface water body; and (III) Ingestion of soil, dermal contact with soil, and outdoor inhalation of vapors and particulates emitted by surficial soils.

B. Pathways for subsurface soils, defined as greater than three feet (3') bgs to the water table:

(I) Volatilization and upward migration of vapors from subsurface soil and potential indoor inhalation of these vapor emissions;

(II) Leaching to groundwater and potential use of groundwater; and (III) Leaching to groundwater and subsequent migration to a surface water body.

C. Soil pathways applicable to construction worker for soil up to depth of construction.

(I) Ingestion, dermal contact with, and inhalation of vapor emissions and particulates from soil.

D. Groundwater pathway applicable to construction worker.

(I) Outdoor inhalation of vapor emissions.

(II) Dermal contact.

E. Pathways for groundwater— (I) Volatilization and upward migration of vapors from groundwater and potential indoor inhalation of these vapor emissions;

(II) Volatilization and upward migration of vapors from groundwater and potential outdoor inhalation of these vapor emissions;

(III) Ingestion of water, dermal contact with water, and inhalation of vapors if the domestic use of groundwater pathway is complete;

(IV) Dermal contact with groundwater; and (V) Migration to a surface water body and potential impacts to surface waters.

F. Other pathways that may need to be considered on a site-specific basis include, but are not necessarily limited to, the following:

(I) Ingestion of surface water;

(II) Contact with surface water during recreational activities (ingestion, inhalation of vapors, and dermal contact);

(III) Contact with (accidental ingestion and dermal contact with) sediments;

(IV) Ingestion of produce grown in impacted soils;

(V) Use of groundwater for irrigation purposes;

(VI) Use of groundwater for industrial purposes; or (VII) Ingestion of fish or other aquatic organisms that have bioaccumulated COCs through the food chain as a result of surface water or sediment contamination.

(D) Evaluation of the Groundwater Use Pathway.

1. The analysis of current and future groundwater use shall include all groundwater zones beneath or in the vicinity of the site that could potentially be— A. Impacted by site-specific COCs;

B. Targeted in the future for the installation of water use wells.

2. The current groundwater domestic use pathway is considered complete if water use wells are located on or near the site, and there is a reasonable probability of impact to the wells or the groundwater zones they intersect by site-specific chemical releases.

A. All public water supply wells within a one (1)-mile radius of the site and all private water wells within a quarter (¼)-mile radius of the site shall be identified. Other distances may be used if prescribed by law, or necessary and appropriate based on COC mobility and hydrogeology.

B. Whether a well might be impacted depends on the hydrogeological conditions, well construction, and use of the well, including the following factors:

(I) Characteristics of soil and rock formations;

(II) Groundwater flow direction;

(III) Hydraulic conductivity;

(IV) Distance to the well;

(V) The zone where the well is screened;

(VI) Casing of the well;

(VII) Well seals and other well construction attributes;

(VIII) Zone(s) of influence and capture generated by well pumpage; and (IX) Biodegradability and other physical and chemical properties of the COCs.

3. For each zone, the future groundwater use pathway will be judged complete if— A. There is no ordinance that prohibits well drilling in that zone supported by a memorandum of agreement between the department and a governing body; and B. The zone is suitable for use and there is a reasonable probability of future use, or the zone is the only viable source of future water supply; and C. There is a reasonable probability of site impacts to the zone.

4. Evaluation of activity and use limitations (AULs). If an AUL is in place that eliminates the potential that a specified groundwater zone will serve as a future source of domestic water, the presence of the AUL will be considered along with other relevant sitespecific domestic use factors. For early relief from consideration of this pathway, an ordinance that prohibits well drilling along with a memorandum of agreement between the department and a governing body can be used to justify an incomplete pathway.

5. Suitability for use determination: For groundwater to be considered a viable domestic water supply source, it shall meet appropriate total dissolved solids (TDS) and yield criteria— A. Total dissolved solids criteria— Groundwater containing less than ten thousand milligrams per liter (10,000 mg/L) total dissolved solids is considered a potential source of domestic use;

B. Yield criteria—Groundwater zones capable of producing a minimum of onequarter (¼) gallon per minute or three hundred sixty (360) gallons per day on a sustained basis have sufficient yield to serve as a potential source of domestic use.

6. Determination of sole source/availability of alternative water supplies. If the groundwater zone being considered is the only viable source of water at or in the vicinity of the site, then the remediating party shall assume that future domestic use is reasonable. This conclusion is irrespective of TDS or yield considerations, and this zone shall be evaluated to determine if it is likely to be impacted by COCs from the site.

Determining the availability of alternative water supplies should include consideration of other groundwater zones, municipal water supply systems, and surface water sources;

7. Reasonable probability of future use determination. The probability that a groundwater zone could be used as a future source of water for domestic use shall be a weight of evidence determination based on consideration of the following factors:

A. Current groundwater use patterns in the vicinity of the site under evaluation;

B. Suitability of use (TDS and yield criteria);

C. Availability of alternative water supplies;

D. AULs;

E. Urban development considerations for sites in areas of intensive historic industrial or commercial activity, having groundwater zones in hydraulic communication with industrial or commercial surface activity, and located within metropolitan areas with a population of at least seventy thousand (70,000) as established by the 1970 census; and 8CODE OF STATE REGULATIONS F. Aquifer capacity limitations (ability to support a given density of production wells).

8. Probability of impact determination.

If a groundwater zone has a reasonable probability of future use as a domestic water supply, the zone shall be evaluated for the probability that the zone could be impacted by site COCs. The evaluation shall consider the nature and extent of contamination at the site, site hydrogeology including the potential presence of karst features, contaminant fate and transport factors and mechanisms, and other pertinent variables. To evaluate potential site impacts to groundwater zones that could serve as future water supply sources, the potential impact shall be evaluated at the nearest down-gradient location that could reasonably be considered for installation of a groundwater supply well. In the absence of durable AULs, the nearest location might be on the site itself.

(9) Site Characterization for an MRBCA Risk Assessment.

(A) To adequately characterize a site to determine risks, the following categories of data are required. If any categories of data are not included, the site characterization report shall document the reason(s) for the omission.

1. Description and magnitude of the spill or release;

2. Land use, activity and use limitations, and receptor information;

3. Analysis of current and reasonably anticipated future groundwater use;

4. Vadose zone soil characteristics, including determination of soil type;

5. Characteristics of saturated zones;

6. Surface water body characteristics;

7. Ecological receptor information;

8. Meteorology (such as rainfall, infiltration rate, evapotranspiration, wind speed, and direction);

9. Distribution of chemicals of concern in soil;

10. Distribution of chemicals of concern in groundwater;

11. Distribution of chemicals of concern in soil vapor; and 12. Distribution of chemicals of concern in sediments and surface waters.

(B) The remediating party shall develop a work plan, for approval by the department, to address any data inadequacies, as appropriate, including a sampling and analysis plan and a quality assurance project plan (QAPP).

Environmental data shall be collected consistent with the department’s quality management plan.

(C) Lateral and vertical impacts in soil and groundwater shall be delineated to the extent required to determine— 1. Potential exposure pathways to human and ecological receptors under current and reasonably anticipated future conditions;

2. The extent of impacts above the tiered risk-based levels for the identified exposure pathways; and 3. Exposure domains for each combination of receptor-pathway-route of exposure.

(D) To delineate impacts in other media (for example, surface water, sediments, and air), the number of samples, sample locations, delineation levels, and sampling methodologies will be based on site-specific considerations; hence the remediating party shall receive the department’s approval for the work plan prior to conducting fieldwork.

For surface water and sediment sampling, the work plan shall contain a strategy to determine background levels; delineation criteria; location of, and concentrations of COCs in, site-related discharges to the surface water; and the current and future extent of related impacts.

(E) For zones of impacted groundwater, plume status (increasing, stable, or decreasing) shall be determined. To assess plume stability, groundwater monitoring shall be conducted for a period of time sufficient to show a reliably consistent trend in contaminant concentrations.

(F) For delineating groundwater impacts where the domestic use of groundwater pathway is complete, delineation criteria will be the lower of the following four (4) criteria:

1. MCLs (in the absence of MCLs, riskbased concentrations that assume ingestion of, dermal contact with, and inhalation of vapors from indoor groundwater use);

2. Land use-dependent concentrations protective of indoor inhalation;

3. Concentrations for the protection of ecological receptors (when such receptors are present); or 4. Non-domestic uses of groundwater (when such uses are present).

(G) Where the domestic use of groundwater pathway is incomplete, the groundwater delineation criteria will be based on other actually or potentially complete groundwater pathways, or concentrations protective of ecological receptors (when present).

(H) When a discharge of contaminated groundwater to a surface water body (perennial or intermittent stream, river, or lake) is suspected or known, water and sediment samples shall be collected both upstream and downstream of each point of discharge. The remediating party shall compare the sediment sample data with sediment criteria that are protective of human health and ecological receptors that can be obtained from literature or develop site-specific levels and delineate any sediment contamination based on the criteria determined to be applicable as per sub-

section (9)(D) above.

(I) The following information shall be collected for any surface water impacted by siterelated COCs:

1. Distance to the surface water body. If the body is impacted, the distance is zero; if the body might be impacted, the distance should be measured from the leading edge of the groundwater plume or the down-gradient edge of the area of release to the water body;

2. Likely location where COCs from the site would discharge into a surface water body;

3. Flow direction and depth of any groundwater contamination plume(s) in relation to the water body;

4. Lake or stream classification as found in 10 CSR 20-7.031, Table G and Table H respectively;

5. Lake or pond acreage or stream 7Q10 flow rate;

6. Determination of the beneficial uses of the lake or stream as found in 10 CSR 20- 7.031, Table G and Table H respectively; and 7. Water quality criteria based upon the beneficial uses of the lake or stream as found in 10 CSR 20-7.031, Table A. If a water quality criterion for a COC is not available, contact the department project manager. If necessary, the project manager can then coordinate with the Water Protection Program (WPP) for further guidance.

(J) Access to Adjacent and Nearby Property Beyond the Source Property. When contamination at concentrations exceeding target levels applicable to residential land use has or is likely to migrate beyond one (1) or more boundaries of the property on which the contamination originated (i.e., the source property) and onto one (1) or more adjacent or nearby properties, the remediating party must gain access to all such properties in order to fully characterize the contamination and assess associated risks, unless the department determines that such access is not required.

1. If the remediating party is unable to gain access to an adjacent or nearby property from the owner of the property or the owner’s authorized representative, the remediating party shall— A. Document all unsuccessful attempts to gain access to the department and obtain concurrence from the department that the attempts to gain access were legitimate and reasonable and that further attempts by the remediating party need not be made;

B. Provide written notice of the contamination to the owner, or the owner’s authorized representative, of the adjacent or nearby property to which access has been denied and document such notice to the department; and C. Document to the department that all applicable target or risk levels have been met at the boundary of the source property and that actions have been taken to ensure that further migration off the source property of COCs at concentrations exceeding the criteria specified in subsections (9)(C) through (G) will not occur in the future.

2. Any letter of completion subsequently issued by the department shall include a statement regarding the denial of access and the property to which access was denied.

(10) Ecological Risk Assessment.

(A) The ecological risk assessment has three (3) levels— 1. Level 1 is a qualitative screening evaluation comprised of checklists A and B of the MRBCA guidance document;

2. Level 2 requires comparison of sitespecific COC levels with applicable standards or criteria protective of ecological receptors available in literature; and 3. Level 3 allows for a site-specific evaluation.

(B) Level 1 ecological assessment shall be performed at every tier 1, 2, and 3 site to identify whether any ecological receptors or habitat exist at, adjacent to, or near the site.

The following decision criteria shall be used:

1. If the answers to all of the checklist A questions are negative, no further ecological evaluation is necessary;

2. A positive answer to any one (1) of the questions in checklist A implies that a receptor or a habitat exists on or near the site and further evaluation is required, and this evaluation is ecological risk assessment checklist B;

3. If the answer to all of the checklist B questions are negative, the conclusion is that, even though a receptor exists on or near the site, a complete pathway to the receptor(s) does not exist and, therefore, there are no ecological concerns at the site; and 4. If the answer to one (1) or more of the seven (7) questions is positive, a level 2 or level 3 ecological risk assessment is necessary to determine whether contamination at the site poses an unacceptable risk to ecological receptors.

(C) A level 2 and/or level 3 evaluation is necessary only if ecological concerns continue to persist beyond the level 1 evaluation.

1. In a level 2 ecological risk assessment, site-specific COC concentrations that may reach an ecological receptor are compared to Missouri’s Water Quality Standards or literature values when standards are not available. If the comparison of representative, site-specific soil, groundwater, surface water, or sediment values indicates that applicable values are exceeded, the remediating party may perform a level 3 ecological risk assessment or use the applicable water quality criteria or literature values as cleanup goals. If water quality criteria or literature values are used, then at least one (1) element of the risk management plan shall address remediation goals to protect ecological receptors.

2. A level 3 ecological risk assessment will include a detailed site-specific evaluation as per current EPA guidance on performing risk assessment. A level 3 ecological risk assessment will require the development of a site-specific, detailed work plan and approval by the department prior to its implementation. If a site-specific analysis determines that the risk to ecological receptors remains unacceptable, then at least one (1) element of the Risk Management Plan shall specify remediation goals to protect ecological receptors.

(11) Representative Concentrations.

(A) Estimating Representative Soil and Groundwater Concentrations. For each receptor— 1. Identify all media of concern;

2. Identify all complete exposure pathways under current and reasonably anticipated future conditions;

3. Identify the exposure domain for each media identified in step 1, and each complete exposure pathway identified in step 2;

4. Identify the chemical concentration data available within the exposure domain for each media; and 5. Calculate the representative concentration.

(B) To ensure the calculated average value is representative, take the following actions:

1. Do not use data beyond the exposure domain. If there is not enough data within the domain, additional data should be collected;

2. Replace the non-detect values with half the detection limit. Concentrations with a “J” laboratory qualifier should use the laboratory-estimated value;

3. If the maximum concentration of a chemical exceeds ten times the representative concentration for any exposure pathway, document the situation and explain its cause in the risk assessment report;

4. If the representative concentration is based in whole or in part on extrapolation using a model, the model must be supported by site-specific data;

5. For groundwater, estimate the average concentration in each well based on recent data, if data from multiple events is available, and then use the average of each well to estimate the representative concentration;

6. If multiple years of data are available for a well, use data from the two (2) most recent years to estimate the representative concentration. Justify the use of any data more than two (2) years old in the report;

7. If free product is present, use the effective solubility or effective vapor pressure to estimate COC concentrations associated with the free product at that point; depending on the extent, multiple data points might be needed to represent the full extent of free product;

8. If the area of impact is smaller than the exposure domain, the exposure factors may be modified in a tier 3 evaluation and representative concentrations calculated over the area of impact; and 9. Do not use soil data collected below the water table for the subsurface-soil-toindoor-inhalation pathway. Groundwater data from the first encountered saturated zone is used for the groundwater-to-indoor-inhalation pathway.

10. In certain cases, the department may require that area-weighted averaging be used in the development of representative concentrations, in particular when data has been collected using a biased sampling protocol.

(C) Additional Information About Representative Concentrations.

1. For surficial soil concentration for leaching to groundwater, the exposure domain is the area of release. The representative surficial soil concentration is calculated using surficial soil data collected within this exposure domain.

2. For the surficial soil direct contact pathway, the representative concentration is based on the receptor’s exposure domain, which is the area of the site over which the receptor might be exposed to the surficial soil. In the absence of specific information about the receptor’s activities, the unpaved portion of a site is the receptor’s exposure domain. For potential future exposures in the absence of any engineered controls, assume the pavement will be removed and the receptor will be exposed to surficial soil. For a non-resident worker, the average concentration over the domain may be used. For a child receptor (actual or potential and for residential land use), the maximum concentration is used and the representative concentration need not be calculated.

3. For subsurface soil, consider two (2) exposure pathways: leaching of residual chemical concentrations from subsurface soil 10CODE OF STATE REGULATIONS to groundwater, and indoor inhalation of vapor emissions. Calculate a representative concentration for each complete pathway.

Calculate additional representative concentrations if the receptor’s domain differs under current and reasonably anticipated future conditions.

4. For the construction worker receptor, consider incidental ingestion, dermal contact and outdoor inhalation of vapors and particulates from soil, outdoor inhalation of vapors from groundwater, and dermal contact with groundwater. For representative soil concentration for the construction worker, no distinction is made between surficial and subsurface soil. Estimate the representative concentration based on the depth of construction and the areal extent of construction. If the areal extent of the construction area is not known, assume construction will be within the area of release unless there are site limitations that would prevent construction in that area. For representative groundwater concentrations for construction worker, estimate the areal extent of the construction zone. The representative concentration is calculated using data from within this zone.

5. Groundwater.

A. For groundwater, consider three (3) exposure pathways: ingestion, dermal contact, and indoor inhalation of vapor emissions from groundwater. The analysis considers specific aquifers that are or might be used for domestic use or in any other manner in which dermal contact could occur. Representative concentrations shall be calculated for each aquifer that is or is reasonably likely to be used for domestic purposes. The shallowest aquifer is considered for the indoor inhalation of vapor emissions from groundwater pathway.

B. For the groundwater domestic use pathway, maximum contaminant levels (MCLs) or, where MCLs are not established, calculated risk-based concentrations shall be met at the point of exposure. The point of exposure well may be hypothetical. One (1) or more point-of-demonstration wells shall be established, if possible. Target concentrations shall be calculated for both point of exposure and point-of-demonstration wells. The representative concentration at the point of exposure or demonstration are calculated as follows. If chemical concentrations in groundwater are stable, the representative concentration is the arithmetic average of the most recent data collected over a period of at least two (2) years on at least a quarterly basis. If chemical concentrations are decreasing, the representative concentration is the arithmetic average of the most recent data collected over a period of at least one and one-half (1½) years on at least a quarterly basis.

C. For representative groundwater concentration for the protection of indoor inhalation, use a model approved by the department.

D. For the indoor inhalation of vapors from groundwater pathway, the calculation of multiple representative concentrations may be required if the plume has migrated below several current or potential future buildings.

E. For representative groundwater concentration for dermal contact, use the average concentration of chemicals in the groundwater that a receptor might contact.

More than one (1) representative concentration may be needed if a receptor might contact groundwater from more than one (1) aquifer or saturated zone.

(12) Selection of COCs for MRBCA Evaluation.

(A) The remediating party may focus the risk assessment on the data for chemicals of concern (COCs) that contribute to the total risk at a site and eliminate— 1. Data analyzed using an outdated analytical method or a wrong and unproven method;

2. Data that is not adequately supported by corresponding quality assurance/quality control (QA/QC) data/measures;

3. Data that is not considered representative of current conditions; or 4. Data collected prior to earlier remediation at the site, if that remediation affected or likely affected that data.

(B) If data is eliminated, it should be replaced with better data unless the eliminated data is not necessary for site characterization or risk assessment purposes. Eliminating COCs from further consideration due to laboratory artifacts or common laboratory contaminants shall be supported by site-specific QA/QC information.

(C) If more than thirty (30) chemicals are selected as COCs, additional chemicals may be eliminated by the use of the toxicity screen (EPA, 1989). The screening procedure shall identify and possibly eliminate chemicals that are likely to contribute relatively little (less than one percent (1%)) to the total risk. Use the following steps to complete this procedure:

1. Identify the maximum concentration of the chemical in each media;

2. Select the toxicity value(s). For chemicals that have different toxicity values for various routes of exposure, use the most health-protective toxicity value;

3. Estimate the carcinogenic and noncarcinogenic toxicity score by multiplying the concentration with the slope factor, and by dividing the concentration with the reference dose, respectively;

4. Estimate the site score by adding the toxicity score for each chemical and each media. A separate site score is calculated for carcinogenic and non-carcinogenic effects;

5. Estimate the percent contribution of each chemical to the site score and eliminate chemicals that have a very low score relative to the other chemicals.

(D) Document the rationale for the elimination of any chemicals. During the tier 1, tier 2, or tier 3 evaluation, chemicals that were eliminated shall be reviewed and a determination made of whether their inclusion would have resulted in an unacceptable risk.

(13) Applicable Target Levels. Use the published values as default target levels (DTLs) and tier 1 risk-based target levels. These may also be used in tier 2 evaluation. Use the following parameters to calculate the tiers 2 and 3 site-specific target levels: 1) acceptable risk level; 2) chemical-specific toxicological factors; 3) chemical-specific physical and chemical properties; 4) receptor-specific exposure factors; 5) fate and transport parameters; and 6) mathematical models.

(A) Tier 1 Target Levels. Tier 1 risk-based target levels are calculated for each COC, each receptor (child, adult resident, ageadjusted resident, non-residential worker, and construction worker), and each of the following exposure pathways using conservative assumptions applicable to most Missouri sites. Tier 1 risk-based target levels are not adjusted for the presence of other exposure pathways and COCs, and any additional exposure pathways shall be considered in using these levels. The pathways included in paragraph (8)(B)3. are considered in tier 1.

(B) Tier 2 Target Levels. The remediating party shall calculate the site-specific target levels for all COCs and all complete exposure pathways using technically justifiable, sitespecific fate and transport data and taking into consideration target risk and the additive effect of multiple COCs and multiple complete exposure pathways. The default fate and transport models used for developing the tier 1 risk-based target levels shall be used.

(C) Tier 3 Target Levels. Tier 3 target levels are calculated for the pathways listed in paragraph (8)(B)3. In addition, target levels must be calculated for all other complete exposure pathways that may include exposure through, for instance, ingestion of produce grown in impacted soils; use of groundwater for irrigation purposes; use of groundwater for industrial purposes; or ingestion of fish or other aquatic organisms that have bioaccumulated COCs through the food chain as a result of surface water or sediment contamination.

Alternative fate and transport models, different exposure factors and scenarios, the most current toxicity factors and chemical and physical properties, and site-specific data may be used to develop tier 3 site specific target levels if approved by the department.

(D) Risk Levels. For carcinogenic effects, risk is quantified using individual excess lifetime cancer risk (IELCR), and, for non-carcinogenic effects, the risk is quantified using a hazard quotient (HQ) or hazard index (HI).

A hazard index is the sum of hazard quotients when multiple chemicals and multiple exposure pathways are evaluated. For evaluating the groundwater domestic use pathway, maximum contaminant levels (MCLs) are used as the target concentrations at the point of exposure. For COCs that do not have MCLs, the target concentration at the point of exposure (POE) is estimated assuming ingestion of, dermal contact with, and indoor inhalation of vapors from groundwater use under residential conditions. Potential impacts to surface waters from a release shall be evaluated against water quality standards (10 CSR 20- 7.031). Other potentially toxic substances for which sufficient toxicity data are not available may not be released to waters of the state until safe levels are demonstrated through adequate bioassay studies. Tier 1 risk-based target levels are based on risk levels of 1 × for the carcinogenic chemicals and a hazard quotient of 1.0 for non-carcinogenic chemicals and do not account for cumulative site-wide risk. These target levels shall be adjusted to address cumulative site-wide risk at each risk assessment level. The acceptable risk levels are presented in subsection (4)(D).

(14) Conducting a Tier 1 Risk Assessment. If the maximum soil or groundwater concentrations exceed the default target levels (DTLs) and the remediating party wishes to continue the risk-based remedation, the remediating party shall either conduct the cleanup using DTLs as cleanup levels or complete a tier 1 risk assessment as follows. A tier 1 risk assessment consists of the following steps:

(A) Compile relevant site characterization data including that necessary to determine the predominant vadose zone soil type;

(B) Develop an exposure model, including— l. All complete exposure pathways for current and reasonably anticipated future land use;

2. The exposure domain for each complete exposure pathway identified above; and 3. The point of exposure for each exposure pathway;

(C) Collect data to fill any site characterization or risk assessment data gaps;

(D) Calculate media and pathway-specific representative concentrations for chemicals of concern (COCs). If the risk calculated with the use of the maximum concentrations meets the tier 1 risk-based target levels, calculation of representative concentrations is not necessary;

(E) Compare representative site concentrations with selected tier 1 risk-based target levels from lookup tables of the guidance document referenced in section (22). For residential land use, tier 1 values are the lower of the values for the three (3) receptors: child, adult, and age-adjusted individual;

(F) Calculate cumulative site-wide risk and compare with acceptable risk at each risk assessment level. The cumulative site-wide risks calculated in this step are compared with acceptable cumulative site-wide risk levels. The cumulative site-wide risk is calculated for each receptor using the following two (2)-step process:

l. The risk of each chemical for each complete (current or future) exposure pathway; and 2. The total risk for each chemical (sum of risk for all exposure pathways) and the site-wide risk (sum of risk of all chemicals for all pathways) for each receptor;

(G) Evaluate the next course of action. The remediating party may request that the department issue a letter of completion for the site if— 1. The analysis indicates that both the cumulative site-wide risk (all chemicals and all complete pathways) and the risk for each chemical (all complete pathways) for all receptors is acceptable; or 2. The representative concentration for all COCs and all complete exposure pathways are below the tier 1 risk-based target levels;

(H) Document the tier 1 risk assessment and recommendations. If a tier 2 assessment is also conducted, both tier 1 and tier 2 assessments may be submitted as one (1) report. The tier 1 risk assessment report shall include, but not necessarily be limited to, the following:

1. Site background and chronology of 2. Data used to perform the evaluation;

3. Documentation of the exposure model and its underlying assumptions;

4. If cumulative risk calculation is required, the estimated risk for each chemical, each exposure pathway, each receptor, each media, and the cumulative site-wide risk for each receptor;

5. Recommendations based on the tier 1 risk assessment (either tier 2 assessment or preparation of a risk management plan); and 6. If a letter of completion is requested, documentation that both the cumulative sitewide risk (all carcinogenic and non-carcinogenic COCs and all complete pathways) and the risk for each COC (carcinogenic and noncarcinogenic and all complete pathways) for all receptors have been met or that representative concentrations for all COCs and all exposure pathways are below the tier 1 riskbased target levels;

(I) To conclude a remediation at tier 1, the following four (4) conditions must be met:

1. If relevant, a groundwater plume is stable or decreasing. If this condition is not satisfied, the remediating party shall continue groundwater monitoring until the plume is demonstrably stable or successfully run an approved predictive model to demonstrate the extent to which COC concentrations will increase or the areal extent of the plume will expand and how such increases or expansion will effect the conclusions of the tier 1 risk assessment;

2. The maximum concentration of any COC in any sample used in developing a representative concentration is less than ten (10) times the representative concentration of that COC for any exposure pathway. This condition can be met if an exceedance can be explained by any of the following, appropriate action is taken to address the condition, and the department approves the risk assessment with this explanation:

A. The maximum concentration is an outlier; or B. Other explanation satisfactory to the department;

3. Pursuant to section (18), long-term stewardship is established if any contaminant of concern exceeds unrestricted levels after cleanup; and 4. There are no ecological concerns at the site, as determined by confirmation that the maximum representative concentrations are below levels protective of ecological receptors or completion of the ecological risk assessment. This condition can be met if an unacceptable ecological risk can be managed through actions recommended in the risk management plan and approved by the department; and (J) If the remediating party chooses to remediate the site to meet the tier 1 risk -based target levels, the cleanup criteria are the lowest of the concentrations protective of human health, both carcinogenic and non-carcinogenic, and ecological receptors.

12CODE OF STATE REGULATIONS

(15) Conducting a Tier 2 Risk Assessment. If any of the representative concentrations at the site are above the tier 1 risk-based target levels or if the cumulative site-wide risk exceeds acceptable target risk levels, and the remediating party wishes to continue the risk-based remediation, the remediating party shall either conduct the cleanup using tier 1 riskbased target levels or complete a tier 2 risk assessment as follows. A tier 2 risk assessment may also be required by the department if the site-specific fate and transport parameters or other site conditions are different from the default assumptions used to develop tier 1 risk-based target levels. Concluding a tier 2 risk assessment is subject to the conditions in subsection (14)(I). A tier 2 risk assessment shall include the following steps:

(A) Compile site-specific fate and transport parameters. Fate and transport parameters are considered site-specific if they are— 1. Measured on site at the appropriate location using approved methods;

2. Literature values justified as being representative of site conditions;

3. Default values justified as representative of current conditions at the site or shown to be conservative based on site conditions;

4. Documented values from a nearby site in a similar hydrogeologic setting. In cases that show considerable variability in fate and transport parameter values, the department may require a sensitivity analysis.

The guidance document provides considerations related to each parameter that may be considered in a tier 2 analysis; deviations from the guidance document in the development of any parameter must be explained in the risk assessment document;

(B) Calculate Tier 2 Risk Levels. At tier 2, risk values shall be individually calculated for each COC and each complete exposure pathway. Then the total risk for each COC and the cumulative site-wide risk shall be calculated.

In calculating the tier 2 risk, the models, physical-chemical properties, toxicological properties, and exposure factors will be the same as used in the tier 1 risk calculations;

(C) Tier 2 risks for each COC and the total site-wide risk will be compared with the acceptable risk levels. The total acceptable individual excess lifetime cancer risk for each COC is 1 × 10 . The acceptable risk level for site-wide cumulative individual excess lifetime cancer risk is 1 × 10 . The acceptable hazard quotient (HQ) for each COC and each exposure pathway as well as the hazard index is 1.0. Based on this comparison, one (1) of the following four (4) outcomes is possible:

1. The calculated individual excess lifetime cancer risk for each COC and the cumulative site-wide individual excess lifetime cancer risk are below the acceptable risk levels. In such case, it is not necessary to develop tier 2 site-specific target levels for carcinogenic effects;

2. Either the individual COC or the cumulative site-wide individual excess lifetime cancer risk exceeds the acceptable risk level. In such case, tier 2 site-specific target levels shall be developed;

3. The calculated cumulative site-wide hazard index (sum of the hazard quotients for all chemicals for all exposure pathways) is acceptable (less than 1.0). In such case, it is not necessary to develop tier 2 site-specific target levels for non-carcinogenic adverse health effects; and 4. The hazard quotient for each COC is acceptable (less than 1.0), but the site-wide hazard index is unacceptable (greater than 1.0). In such case, the remediating party may segregate the COCs by target organ, system, or mode of action and derive hazard indices for each. If each of these cumulative hazard indices is acceptable (less than 1.0), it is not necessary to develop tier 2 site-specific target levels for these COCs for non-carcinogenic health effects. If not acceptable (greater than 1.0), site-specific target levels for the COCs in the group that exceed the hazard index of 1.0 shall be developed. A toxicologist shall perform this analysis. In calculating the hazard index, COCs with multiple effects shall be included in each category of organ affected by that COC;

(D) Calculate Tier 2 Site-Specific Target Levels. If risk levels (carcinogenic and noncarcinogenic, individual and site-wide) are exceeded and remediation is not proposed to lower risk to acceptable levels, tier 2 site-specific target levels shall be developed as per subsection (13)(B);

(E) Evaluate the Next Course of Action.

1. The remediating party may request that the department issue a letter of completion for the site if— A. The representative concentration for all COCs and all the exposure pathways are below the tier 2 site-specific target levels;

B. The analysis at subsections (15)(B) and (C) indicates that both the cumulative site-wide risk (all chemicals and all complete pathways, cancer and hazard indices) and the risk for each chemical (all pathways, cancer and hazard indices) for all receptors is acceptable; and C. All other conditions in subsection (14)(I) are satisfied.

2. The remediating party shall decide either to use the calculated tier 2 site specific target levels as the cleanup levels and conduct corrective action to meet these levels or perform a tier 3 risk assessment if the analysis determines— A. The risk any chemical poses (all pathways, cancer and hazard indices) to any human or ecological receptor exceeds acceptable levels; or B. The cumulative site-wide risk (all chemicals and all complete pathways, cancer and hazard indices) exceeds acceptable levels;

C. The representative concentrations exceed the calculated tier 2 site specific target levels.

3. Based on the decision above, the remediating party shall recommend one (1) of the following:

A. Remediation to tier 2 site-specific target levels. If the remediating party decides to remediate the site to tier 2 site-specific target levels, the cleanup levels will be the lower of concentrations protective of human health, both carcinogenic and non-carcinogenic, and ecological receptors; or B. Performance of a tier 3 risk assessment; and (F) The risk assessment shall be documented. If a tier 1 risk assessment is also conducted, both tier 1 and tier 2 risk assessments may be submitted as one (1) report.

The tier 2 risk assessment report shall include but is not necessarily limited to the following:

1. Site background and chronology of 2. Data used to perform the evaluation including, as applicable, calculated tier 2 site-specific target levels;

3. Documentation of the exposure model and its assumptions;

4. Documentation and justification of all fate and transport parameters used in the development of tier 2 site-specific target levels;

5. Estimated risk for each COC, each exposure pathway, and each receptor, and the cumulative site-wide risk for each receptor and media;

6. Recommendations based on the tier 2 risk assessment; and 7. If a letter of completion is requested, documentation that all four (4) of the risk conditions (carcinogenic and non-carcinogenic chemicals, individual and site-wide risk) and the conditions listed in subsection (14)(I) have been met.

(16) Conducting a Tier 3 Risk Assessment. If any of the representative concentrations at the site are above the tier 2 site-specific target levels or if the individual or cumulative sitewide risks exceed acceptable target risk levels, and the remediating party wishes to continue the risk-based remediation, the remediating party shall either conduct the cleanup using tier 2 site-specific target levels or complete a tier 3 risk assessment as follows. A tier 3 risk assessment may use the most recent toxicity factors, physical and chemical properties, site-specific exposure factors, and alternative models. Concluding a tier 3 risk assessment is subject to the conditions in sub-

section (14)(I). A tier 3 risk assessment consists of the following steps:

(A) Develop a tier 3 work plan. The tier 3 risk assessment must consider the receptors for which risks exceed acceptable levels as determined in tier 2 and any additional receptors identified in tier 3. Receptors for which risks do not exceed acceptable risk levels as determined at tier 2 need not be evaluated.

All chemicals of concern (COCs) considered in the tier 2 risk assessment must be considered in the tier 3 analysis unless new data collected after the tier 2 assessment indicates they no longer pose unacceptable risk and the condition can be documented to the department, in which case the COCs may be eliminated from consideration. The department must approve a tier 3 work plan. The technical portion of the work plan shall include but not necessarily be limited to the following:

1. Identification of the receptors that will be evaluated in tier 3;

2. Identification of the COCs and the exposure pathways for which tier 3 risk will be calculated;

3. An explanation of the fate and transport models to be used for the calculation of risk for the identified exposure pathways;

4. A tabulation of the input parameters required to calculate the tier 3 risk and a justification for the use of each selected value;

5. A discussion of the data and the methodology that will be used to calculate the representative concentrations;

6. An explanation of data gaps, if any, that require additional fieldwork and a scope of work for the collection of this data;

7. A discussion of the variability and uncertainty in the input parameters and the manner in which the impact of this variability on the final risk will be evaluated; and 8. An evaluation of ecological risk, if any, in addition to ecological risk assessments previously completed;

(B) Collect additional data, if necessary.

Upon approval of the Tier 3 work plan, the remediating party shall perform the necessary fieldwork to collect the data. Any changes in the data collection due to field conditions or logistics of fieldwork shall be discussed with the department prior to completion of the field effort;

(C) Calculate tier 3 risk. Estimate the carcinogenic and non-carcinogenic risk for all COCs, receptors, and exposure pathways, using the models and data in accordance with the approved work plan. At tier 3, the risk values shall be calculated for each COC and each exposure pathway. The total risk for each COC (sum of risk for all the complete exposure pathways for a COC) and the cumulative site-wide risk (sum of risk for all COCs and all complete exposure pathways) shall then be calculated. Ecological risk must also be considered according to the work plan;

(D) Compare tier 3 risks with acceptable risk levels. Total risks for each COC as well as cumulative site-wide risk for each receptor are compared with respective acceptable risk levels. If the calculated risks for each COC and the cumulative site-wide risk do not exceed the target risk levels, tier 3 site-specific target levels need not be developed, and, if the other conditions set forth in subsection (14)(I) are satisfied, the remediating party may request a letter of completion from the department;

(E) The remediating party shall develop site-specific target levels and propose remedial actions to achieve these levels if the analysis finds that either— 1. The total risk any COC poses (considering all pathways and both carcinogenic and non-carcinogenic risk) to any of the human or ecological receptors is unacceptable; or 2. The cumulative site-wide risk (considering all COCs, all complete pathways, and both carcinogenic and non-carcinogenic risk) posed to any of the human or ecological receptors is unacceptable. The site-specific target levels and the methodologies used to achieve these levels shall be included in the risk management plan; and (F) The remediating party shall submit a tier 3 risk assessment report that clearly describes the data and methodology used, key assumptions, results, and recommendations.

Any deviation from the approved scope of work, the rationale for the deviation, and approval by the department shall be clearly documented in the report. The report shall include but not necessarily be limited to— 1. Site background and chronology of 2. Data used to perform the evaluation, including any calculated tier 3 site-specific target levels;

3. Documentation of the exposure model and its assumptions;

4. Documentation and justification of all input parameters used;

5. Estimated risk for each COC, each exposure pathway, each receptor, and the sitewide risk for each receptor and media;

6. Recommendations based on the tier 3 risk assessment; and 7. If a letter of completion is requested, documentation that all the risk conditions (carcinogenic and non-carcinogenic chemicals, individual and site-wide risk) and the conditions at subsection (14)(I) have been met.

(17) Data Quality. Following are the areas that shall be addressed to meet quality assurance/quality control requirements for environmental measurement data collected as part of the MRBCA process. These minimum requirements include the necessary components for work plans submitted for department approval to conduct environmental data collection and the necessary QA/QC documentation to be submitted after data collection.

(A) Work plans for site characterization must include the following, each of which is subject to QA/QC requirements:

1. Sampling and analysis plan;

2. Field sampling plan; and 3. Quality assurance project plan.

(B) Characterization reports, including tier 1, tier 2, and tier 3 risk assessment reports, are subject to QA/QC requirements, in particular— 1. Field QA/QC documentation requirements; and 2. Laboratory QA/QC documentation requirements.

(C) For field QA/QC planning and documentation, the following practices shall be observed, if applicable:

1. Calibration and maintenance records for field instrumentation;

2. Documentation of sample collection procedures;

3. Reporting of any variances made in the field to sampling plans, standard operating procedures (SOPs), or other applicable guidance documents;

4. Reporting of all field analysis results;

5. Documentation of sample custody (provide copies of chain-of-custody documents);

6. Documentation of sample preservation, handling, and transportation procedures;

7. Documentation of field decontamination procedures (and, if applicable, collection and analysis of equipment rinsate blanks);

8. Collection and analysis of all required duplicate, replicate, background, and trip 14CODE OF STATE REGULATIONS blank samples; and 9. Documentation of disposal of investigation-derived wastes.

(D) All analytical data shall be accompanied by QA/QC sample results. The following shall be considered in laboratory QA/QC planning and documentation, if applicable:

1. If the published analytical method used specifies QA/QC requirements within the method, those requirements shall be met and the QA/QC data reported with the sample results;

2. At a minimum, QA/QC samples shall consist of the following items (where applicable):

A. Method/instrument blank;

B. Extraction/digestion blank;

C. Initial calibration information;

D. Initial calibration verification;

E. Continuing calibration verification;

F. Laboratory fortified blanks/laboratory control samples;

G. Duplicates;

H. Matrix spikes/matrix spike duplicates;

I. Rinsate when equipment will be reused; and J. Documentation of appropriate instrument performance data such as internal standard and surrogate recovery.

(E) Risk Management Plan. If the risk management plan involves environmental data collection, such as further site characterization, confirmatory samples shall follow the requirements of subsection (17)(A). If the risk management plan does not involve sampling but only LTS (including but not limited to AULs), then data QA/QC would not be a component.

(F) Completion of Risk Management Plan.

If implementation of the risk management plan involves sampling, then the following components, as explained in subsections (17)(C) and (D) above, pertain— 1. Field QA/QC documentation requirements; and 2. Laboratory QA/QC documentation requirements.

(18) Long-Term Stewardship (LTS) for Risk- Based Corrective Action Sites.

(A) Activity and use limitations (AULs) shall be used at any site where a chemical of concern concentration exceeds unrestricted use levels after cleanup. Where required, AULs shall be fully developed and proposed as part of the risk management plan. To be approved, a risk management plan with proposed controls must be consistent with this

rule and any other controls or limitations that are required by the specific legal authority governing the cleanup. AULs shall be established as environmental covenants pursuant to sections 260.1000 to 260.1039, RSMo, or, alternatively, AULs for groundwater contamination at a site may be addressed through an ordinance and memorandum of agreement described in subsection (18)(G) below or well location and construction restrictions described in subsection (18)(J) below.

Department of Defense sites may be addressed through subsection (18)(H) below.

Environmental covenants may be supplemented with other AULs as provided in subsections (18)(I) and (18)(J) below.

(B) AULs shall guarantee that pathways of exposure to chemicals of concern (COCs) remain incomplete for as long as there are chemicals remaining that could pose an unacceptable risk to human health, public welfare, or the environment.

(C) AULs shall be readily accessible, durable, reliable, enforceable, and consistent with the risk posed by the COCs.

Environmental covenants, letters of completion, and any additional requirements of the

(D) Environmental covenants shall be enforceable by the department and shall contain the following elements:

1. State that the instrument is an environmental covenant executed under sections 260.1000 to 260.1039, RSMo;

2. Contain a legally sufficient description of the real property subject to the covenant;

3. Describe the activity and use limitations on the real property;

4. Identify every holder. In addition, identify any lienholder or person who otherwise owns a prior interest in the property as described in section 260.1006.1, RSMo, and whether such interests are subordinated to the environmental covenant, or alternatively, provide a title insurance commitment or other documentation demonstrating the property is free and clear of liens;

5. Be signed by the department, every holder, and, unless waived by the department, every owner of the fee simple of the real property subject to the covenant; and 6. Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.

(E) The following elements may be included in an environmental covenant for clarity or based on site-specific conditions:

1. Requirements for notice following transfer of a specified interest in, concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on the property subject to the covenant;

2. Requirements for periodic reporting describing compliance with the covenant;

3. Rights of access to the property granted in connection with implementation or enforcement of the covenant;

4. A brief description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;

5. Limitation on amendment or termination of the covenant in addition to those contained in sections 260.1024 and 260.1027, RSMo; and 6. Rights of the holder in addition to its right to enforce the covenant under section 260.1030, RSMo.

7. The department may require those persons specified by the department who have interests in the real property to sign the covenant.

(F) A copy of the recorded covenant that references the book and page of recording shall be submitted to the department as part of the completion of the risk management plan report before the department will issue a letter of completion. The covenant does not become effective until it is officially recorded in the chain of title for the property. A covenant remains in effect unless amended or terminated in accordance with section 260.1024 or 260.1027, RSMo. The use of a site shall be consistent with the terms of the environmental covenant established on the property.

(G) Ordinances and Supporting Memoranda of Agreement. An ordinance and supporting memorandum of agreement may be used as an AUL if it prohibits the installation of water supply wells and requires the closure of any existing private wells, but does not expressly prohibit the installation of public potable water supply wells and require the closure of such wells owned and operated by units of local government that are part of the agreement. Monitoring wells shall not be used for providing a potable water supply, and shall be managed in accordance with 10 CSR 23-4. In a request for approval of a local ordinance and supporting memorandum of agreement as an AUL, the remediating party shall submit the following to the department:

1. A copy of the ordinance restricting groundwater use, including prohibitions on new wells, certified by an official of the unit of local government representative of the area in which the site is located that it is a true and accurate copy of the ordinance, and supporting information including— A. A scaled map(s) delineating the area and extent of groundwater contamination above the applicable remediation objectives including a summary of any measured data showing concentrations of chemicals of concern for which the applicable remediation objectives are exceeded;

B. Scaled map delineating the boundaries of all properties under which groundwater is located that exceeds the applicable groundwater remediation objectives and information identifying the current owner(s) of each property identified in the boundary map;

C. Documentation that the current owners identified in subparagraph (18)(G)1.B. above have been notified that groundwater that extends beneath their property is the subject of a risk-based cleanup and that each has been sent a copy of this request as submitted to the department; and D. Documentation that the current property owners identified in subparagraph (18)(G)1.B. above have been notified of the intent to use the local ordinance as an AUL;

2. A supporting memorandum of agreement (MOA) between the department and the local government which includes the following provisions:

A. Identification of the authority of the unit of local government to enter into the MOA;

B. Identification of the legal boundaries, or equivalent, to which the ordinance is applicable;

C. A certified copy of the ordinance expressly prohibiting the installation of public and private potable water supply wells, the use of such wells, and the closure of existing wells;

D. A commitment by the unit of local government to notify the department of any variance requests or proposed ordinance changes at least thirty (30) days prior to the date the local government is scheduled to take action on the request or proposed change;

E. A commitment by the unit of local government to maintain a list of all sites within the geographical unit of local government that have received letters of completion under the MRBCA process;

F. A provision that allows departmental access to information necessary to monitor adherence to requirements in subparagraphs (18)(G)2.D. and (18)(G)2.E. above;

G. If applicable, the terms of any commitment by the local government to reimburse the department for periodic review of the local ordinance and actions relating to it, and for any actions taken by the department to address increased risks that arise from actions taken by the local government on the ordinance or related to it; and H. The commitment of the local government to enforce the ordinance.

(H) For any Department of Defense (DOD) properties that contain contaminants of concern exceeding unrestricted use levels after cleanup, an environmental covenant will be required at the time that such property is transferred to a non-federal entity or person.

For property owned by the DOD, other land use or institutional control mechanisms may be used as part of the risk management plan if approved by the department.

(I) Engineered controls or barriers may be used as AULs as part of the risk management plan to prevent direct human or environmental exposure to contaminants, and environmental covenants shall accompany their use.

Any letter of completion determination that is based, in whole or in part, upon the use of engineered controls requires effective inspection and maintenance of the engineered control. The inspection, maintenance, and integrity certification requirements will be included in the risk management plan and environmental covenant.

(J) Well location and construction restrictions pursuant to 10 CSR 23-3 may be used as AULs to the extent that they restrict access to certain groundwaters and thus limit the pathway for contaminants.

(19) Risk Management Plan.

(A) A risk management plan shall encompass all activities necessary to manage a site’s risk to human health, public welfare, and the environment so that acceptable risk levels are not exceeded under current or reasonably anticipated future land use conditions. The risk management plan shall ensure that assumptions made in the estimation of risk and development of applicable target levels are not violated in the future, and the groundwater extent of contamination is stable or decreasing. A site-specific risk management plan, approved by the department, is required at a site under any one (1) of the following conditions:

1. The total (sum of all pathways) carcinogenic risk for any COC exceeds 1 × 10 ;

2. The hazard index (sum of all pathways) for any COC exceeds 1.0 (or, if appropriate, the hazard index for individual organ, system, or mode of action);

3. The cumulative site-wide carcinogenic risk (sum of COCs and all exposure pathways) exceeds 1 × 10 ;

4. The site-wide hazard index (sum of COCs and all exposure pathways) for individual adverse health effects exceeds 1.0 (or, if appropriate, the hazard index for individual organ, system, or mode of action);

5. Although neither the carcinogenic or non-carcinogenic risk for any COC nor the site-wide risk exceeds acceptable levels, the risk assessment was based on site-specific assumptions that require a risk management plan;

6. Although neither the carcinogenic nor non-carcinogenic risk for any COC nor the site-wide risk exceeds acceptable levels, the groundwater plume is expanding and such expansion, either as an increase in COC concentrations or a physical expansion of the plume, would result in unacceptable risks;

7. There are hot spots where sample results exceed ten (10) times average concentrations, and these pose unacceptable risks;

8. Ecological risk does not meet the acceptable criteria.

(B) Successful implementation of the risk management plan will result in a letter of completion from the department. The department will approve the risk management plan as submitted or provide comments. Upon receipt of approval, the remediating party shall implement the plan. The plan shall include— 1. Rationale explaining why the risk management plan was prepared and the specific objectives of the plan;

2. Reference to the approved risk assessment report;

3. An explanation of technologies to be used to reduce mass, concentration, or mobility of COCs to meet the applicable target levels determined for the site or specific engineering activities to be used to mitigate excessive risks;

4. Data to be collected and quality control/quality assurance procedures for collection, documentation, analysis, and reporting during the implementation of the risk management plan;

5. Application of long-term stewardship provisions to eliminate certain pathways of exposure or to ensure pathways remain incomplete under current and reasonably anticipated future uses and that site information remains publicly available;

6. If needed, monitoring demonstrating plume stability or the effectiveness of monitored natural attenuation;

7. A schedule for implementation of the plan, including all major milestones and all deliverables to the department, and a requirement to conduct a review five (5) years following completion where appropriate. Such a requirement would be included in an AUL;

16CODE OF STATE REGULATIONS

8. Criteria to determine whether the risk management plan has been successfully implemented; and 9. As needed, contingency plans if the risk management plan fails to provide adequate protection in a timely manner.

(20) Completion of Risk Management Activities. Upon successful implementation of the approved risk management plan, the remediating party shall submit a completion of the risk management plan report to the department for approval that includes but is not necessarily limited to— (A) Documentation of completion of all risk management activities; and (B) If applicable, a request to plug and abandon all nonessential monitoring wells related to the environmental activities at the site.

(21) Public Participation and Notice.

(A) When contamination in any media at concentrations exceeding target levels applicable to residential land use has or is likely to migrate beyond one (1) or more boundaries of the property on which the contamination originated (i.e., the source property) and onto one (1) or more adjacent or nearby properties, the department will provide notice to those members of the public directly affected by the contamination and the planned risk management activities. Where it determines appropriate, the department will also provide notice to the local (city or county) govern- (B) If the department determines that implementation of an approved risk management plan has failed to achieve applicable target or risk levels or otherwise successfully mitigate excessive risks associated with contamination, and the department is considering terminating the RMP, the department will provide public notice regarding the failure of the RMP to those members of the public directly affected by the contamination and the RMP and, as appropriate, the local govern- 1. Notice may be made via one (1) or more of the following means or other means determined appropriate by the department:

A. Notice in newspapers having circulation in the area in which the site is locat- B. Block advertisements;

C. Public service announcements;

D. Publication in a state register;

E. Letters to individual households;

F. Letters to property owners;

G. Letters to government agencies; or H. Personal contacts by department field staff.

2. The notice will provide for a minimum of thirty (30) days in which to submit comments to the department regarding the subject of the notice. The notice must specify a date by which comments must be submitted to the department, a contact for the department and a telephone number at which that person may be contacted, and the department’s mailing address and electronic mail address to which comments shall be directed.

(C) In each instance in which the department determines that public notice as per subsection (21)(A) or (21)(B) above is required, before providing the public notice, the department will give the remediating party an opportunity to provide the required public notice in lieu of the department. If the remediating party declines, fails to meet notification deadlines as prescribed by the department, or provides notice the department believes to be inadequate, the department will provide the public notice.

(D) When contamination associated with a site is, without cleanup or other actions, contained to the property on which the contamination originated such that chemicals of concern at concentrations above residential target levels do not extend off the property of origin, and, after cleanup, one (1) or more chemicals of concern exist on the property at concentrations exceeding unrestricted use levels such that an AUL per subsection (18)(A) is required, the department, or the remediating party in lieu of the department, will notify the local government in writing.

1. The notification shall include a description and address of the property, the name and address of the remediating party, the name and address of the department contact, and an explanation of the type and extent of contamination, that the cleanup levels applied pertained to non-residential land use, and that an AUL has been recorded in the property chain of title to restrict certain uses of and activities on the property. A copy of the AUL, as recorded with the Office of the Recorder, must be included with the notification.

2. If local government notification is made by the remediating party in lieu of the department, the remediating party must submit a copy of the written notification provided to the local government to the department with documentation appropriate to demonstrate that the local government received the notification.

(E) The department will review each comment received as a result of the public notice provided for above and determine an appropriate response to each and collectively.

(22) Procedure for Letter of Completion.

(A) After the risk management plan has been successfully implemented, the remediating party may request a letter of completion from the department. The department will issue a letter if it determines that all requirements of the approved risk management plan have been satisfied. The letter would state that, based on the information submitted, the concentrations of COCs on the site do not pose an unacceptable level of risk to human health, public welfare, and the environment for the current and reasonably anticipated future land use and provided that all applicable long-term stewardship requirements remain in place.

(B) The department will include all of the following in a letter of completion:

1. An acknowledgement that the requirements of the risk management plan were satisfied, including reference to the administrative record supporting completion of the site work and acknowledging continuing requirements of the risk management plan, if any;

2. The use level of remediation objectives specifying any long-term stewardship requirements imposed as part of the remediation efforts;

3. A statement that the department’s issuance of the letter of completion signifies achievement of risk reduction under applicable laws and regulations in implementing the approved risk management plan, other than any continuing requirements of the risk management plan, and that the site does not present unacceptable risks to human health, public welfare, and the environment based upon currently known information. If the site is

part of a larger parcel of property or if the remediating party limited the cleanup to specific environmental conditions and related contaminants of concern, or both, the letter of completion may include this information;

4. The prohibition against the use of the site in a manner inconsistent with any use limitation imposed as a result of the remediation efforts without additional appropriate remedial activities;

5. A description of any preventive, engineered, or institutional controls or monitoring, including long-term monitoring of wells, required in the approved risk management plan or a reference identifying where risk management plan information can be found;

6. The obligation to record the letter of completion in the chain of title for the site;

7. Notification that further information regarding the site can be obtained from the department through a request under the Missouri Sunshine Law (Chapter 610, RSMo);

8. A standard agency reservation of rights clause for previously unknown or changing site conditions. This wording may vary depending upon the authority overseeing the remediation;

9. Notification that the letter of completion may be voided for reasons listed in sub-

section (21)(E); and 10. A description of the site by legal description, by reference to a plat showing the boundaries, or by other means sufficient to identify site location, any of which may be an attachment to the letter.

(C) If only a portion of the site or only selected contaminants at a site were remediated, the letter of completion may contain any other provisions agreed to by the department and the remediating party, such as the limitation of the letter to the specific area or contaminants. The remediating party receiving a letter of completion from the department shall submit the letter, and, where the reme diating party is not the sole owner of the remediation site, an owner certification described below, to the Office of the Recorder of the county or city not within a county in which the site is located within forty-five (45) days after receipt of the letter. The Office of the Recorder will record the letter and, where applicable, the owner certification so that it forms a permanent part of the chain of title for the property. The remediating party is responsible for any cost of recording. Where the remediating party is not the sole owner of the site, the remediating party shall obtain a certification by original signature of each owner, or the authorized agent of the owner(s), of the site or any portion of the site. The certification shall be recorded along with the letter of completion. The certification shall read as follows: “I hereby certify that I have reviewed the attached letter of completion, and that I accept the terms and conditions and will abide by any AULs set forth in the letter.” The issuance of the letter is contingent on obtaining this certification from all owners. A letter of completion is effective upon the date of the official recording of the letter and any associated owner certification(s). Until it is in the chain of title, the letter of completion is effective only between the department and the remediating party. The remediating party shall obtain and submit to the department an acknowledgement from the Office of the Recorder that a copy of the letter and any owner certifications have been recorded. This acknowledgement shall be provided to the department within thirty (30) days after recording to demonstrate that the recording requirements have been satisfied.

(D) No site with activity or use limitations or other long-term stewardship requirements may be used in an inconsistent manner unless further evaluation or remediation documents the attainment of objectives appropriate for the new land use or activity. If the department approves modified long-term stewardship requirements, an updated letter of completion reflecting the new site conditions and requirements may be obtained and recorded as described above.

(E) The department may void a letter of completion, with prior notice to the current title holder or holders of the site and to the remediating party at the last known address, if site use and activities are not managed in full compliance with the approved risk management plan. Specific acts or omissions that may result in voiding of the letter of completion include and are not limited to— 1. Failure to adhere to the terms of an environmental covenant;

2. Failure to adhere to any other applicable institutional controls, land use restrictions, or other environmental limitation;

3. Failure of the owner, operator, remediating party, or any subsequent transferee to operate and maintain preventive or engineered controls, to comply with any monitoring plan, or to disturb the site contrary to the established limitations;

4. Disturbance or removal of contamination that has been left in place if such disturbance or removal is not in accordance with the risk management plan;

5. Failure to comply with the recording requirements or to complete them in a timely manner;

6. Obtaining the letter of completion by fraud or misrepresentation; and 7. Subsequent discovery of contaminants, releases, or other site-specific conditions not identified as part of the investigative or remedial activities and which pose a threat to human health, public welfare, or the environment.

(23) MRBCA Technical Guidance.

(A) DNR shall develop and maintain a technical guidance document for implementation of the MRBCA process that shall include, at a minimum, the following:

1. Equations and default factors to be used in the derivation of RBTLs and SSTLs;

2. Tables of DTLs and tier 1 RBTLs;

3. Additional elaboration or description that may be useful for implementing the MRBCA process not covered in this rule.

(B) Significant changes to the DNR MRBCA technical guidance will occur only after a stakeholder process that includes, at a minimum, the following:

1. Stakeholder notification of proposed changes a minimum of sixty (60) days prior to issuance of new guidance;

2. Opportunity for stakeholder input, including submission of written comments, prior to the issuance of the new guidance;

3. DNR shall prepare and distribute responses to stakeholder comments prior to issuance of the new guidance.

18CODE OF STATE REGULATIONS

**History**
- *authority under which remediation is being performed apply to the property.*
- *AUTHORITY: sections 260.370, 260.470, and 260.905, RSMo Supp. 2008 and sections 260.437, 260.465, 260.500, 260.510, 260.520, 260.567, 260.573, 644.026, and 644.143, RSMo 2000. Original rule filed Jan. 30, 2009, effective Oct. 30, 2009. Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004; 260.437, RSMo 1983, amended 1995; 260.465, RSMo 1983, amended 1988; 260.470, RSMo 1983, amended 2007; 260.500, RSMo 1983, amended 1995, 2000; 260.510, RSMo 1983; 260.520, RSMo 1983, amended 1993, 1995; 260.567, RSMo 1993; 260.573, RSMo 1993; 260.905, RSMo 2000, amended 2005; 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995, 2000; and 644.143, RSMo 1999.*

### **Chapter 19** Electronics Scrap Management

##### **10 CSR 25-19.010** Electronics Scrap Management {#sec-10-csr-25-19.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 25-19.010}

PURPOSE: This rule clarifies the responsibilities of computer equipment manufacturers, retailers, recyclers, and the department for providing recycling or reuse of certain consumer electronic equipment at no additional cost. This rule contains procedures for manufacturers to submit and implement recovery plans and standards for recyclers that process equipment collected under the recovery plans.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) The department adopts, as standards for recycling or reuse of covered equipment under this rule, the standards in R2:2013, “The Responsible Recycling (“R2”) Standard for Electronics Recyclers,” dated September 1, 2014; the supporting document R2:2013 “R2 Code of Practices: R2 Certification Process Requirements” dated July 1, 2013, and the R2:2013 “Formal Interpretation #1.0” with an effective date of February 1, 2017, all issued by the Sustainable Electronics Recycling International (SERI)

Board of Directors, PO Box 721, Hastings, MN, 55033. Each of these standards is hereby incorporated by reference without any later amendments or additions. The adopted standards apply to covered equipment used by an individual primarily for personal or home business use and returned to the manufacturer by a consumer or collected by a manufacturer in this state and do not impose any obligation on an owner or operator of a solid waste facility.

Amended: Filed March 29, 2018, effective Nov. 30, 2018. *Original authority: 260.1053, RSMo 2008; 260.1059, RSMo 2008; 260.1062, RSMo 2008; 260.1065, RSMo 2008; 260.1074, RSMo 2008; 260.1089, RSMo 2008; and 260.1101, RSMo 2008.

**History**
- *AUTHORITY: sections 260.1053, 260.1059, 260.1062, 260.1065, 260.1074, 260.1089, and 260.1101, RSMo 2016. Emergency rule filed June 19, 2009, effective July 1, 2009, expired Feb. 25, 2010. Original rule filed June 19, 2009, effective April 30, 2010.*

## **Division 26** Petroleum and Hazardous Substance Storage Tanks

### **Chapter 1** Underground and Aboveground Storage Tanks—Organization

##### **10 CSR 26-1.010** Organization {#sec-10-csr-26-1.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-1.010}

(Rescinded August 30, 2018)

2010. Original rule filed April 15, 2011, effective Dec. 30, 2011. Rescinded: Filed Jan. 11, 2018, effective Aug. 30, 2018.

JOHNR. ASHCROFT(7/31/18)

**History**
- *AUTHORITY: section 536.021, RSMo Supp.*

### **Chapter 2** Underground Storage Tanks— Technical Regulations

##### **10 CSR 26-2.011** Installation Requirements for Partially Excluded Underground Storage {#sec-10-csr-26-2.011 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.011}

##### **10 CSR 26-2.013** UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel {#sec-10-csr-26-2.013 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.013}

##### **10 CSR 26-2.040** General Requirements for Release Detection for All In-Use Underground 2CODE OF STATE REGULATIONS NATURAL RESOURCES Substance Storage Tanks Tanks—Technical Regulations {#sec-10-csr-26-2.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.040}

##### **10 CSR 26-2.010** Applicability {#sec-10-csr-26-2.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.010}

PURPOSE: This rule defines the underground storage tanks that are subject to the requirements of this chapter. This rule contains the technical standards for underground storage tanks. This rule is designed specifically to protect the quality of groundwater in the state as well as to protect human health and the overall quality of the environment.

This rule is promulgated on the authority of sections 319.100–319.137, RSMo, and, as directed by this law, are based upon federal rules 40 CFR 280.10–40 CFR 280.74.

(1) The requirements of this chapter apply to all owners and operators of an underground storage tank (UST) system as defined in 10 CSR 26-2.012, except as otherwise provided in sections (2)–(4) of this rule. Any UST system listed in section (3) of this rule must meet the requirements of 10 CSR 26-2.011.

(2) The following UST systems are excluded from the requirements of this chapter:

(A) Any UST system holding hazardous wastes listed or identified in the Missouri Hazardous Waste Management Law, sections 260.350–260.434, RSMo, and the rules promulgated thereunder or a mixture of hazardous waste and other regulated substances, except for used oil as defined in 10 CSR 25- 11.279;

(B) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 402 or 307(b) of the Clean Water Act (33 U.S.C. 1251);

(C) Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks;

(D) Any UST system whose capacity is one hundred ten (110) gallons or less;

(E) Any UST system that is installed within a vault, if all exterior surface areas of the tank may be visually inspected without removal of backfill, gravel, sand, or other fill material;

(F) Any UST system that contains a de minimisconcentration of regulated substances; and (G) Any emergency spill or overflow containment UST system that is expeditiously emptied after use.

(3) Partial Exclusions. Rules 10 CSR 26- 2.020–10 CSR 26-2.053 and closure requirements in 10 CSR 26-2.060–10 CSR 26-2.064 do not apply to any of the following types of UST systems:

(A) Wastewater treatment tank systems not covered in subsection (2)(B) above;

(B) Any UST systems containing radioactive material that are regulated under the Atomic Energy Act of 1954 (42 U.S.C. 2011 and following);

(C) Any UST system that is part of an emergency generator system at nuclear power generation facilities licensed by the Nuclear Regulatory Commission and subject to the Nuclear Regulatory Commission requirements regarding design and quality criteria, including, but not limited to, 10 CFR Part 50;

(D) Aboveground tanks associated with airport hydrant fuel distribution systems; and (E) Aboveground tanks associated with field-constructed tanks.

(4) Previously deferred UST systems.

Previously deferred airport hydrant fuel distribution systems, tank systems, and field constructed tanks systems must meet one (1) of the following options for compliance:

(A) Option 1. Owners and operators must document that the previously deferred UST is appropriate for continued use by providing proof of compliance with 10 CSR 26-2.020 through 10 CSR 26-2.048, in accordance with the timeframes allowed in 10 CSR 26- 2.013; or (B) Option 2. Permanent closure of the UST system no later than December 31, 2019, in accordance with 10 CSR 26-2.060 through 10 CSR 26-2.064.

(C) New UST systems installed after July 1, 2017, must meet all requirements at installation.

**History**
- *AUTHORITY: sections 319.100, 319.105, 319.107, 319.109, 319.111, 319.114, and filed as 10 CSR 20-10.010. Original rule filed Amended: Filed Jan. 2, 1996, effective Aug. 30, 1996. Moved and amended: Filed April 1993, 1996, 1998; 319.105, RSMo 1989; 319.107, RSMo 1995, 2004, 2008; 319.111, RSMo 1989; 319.114, RSMo 1989, amended 2016; and 319.137, RSMo 1989, amended*

##### **10 CSR 26-2.011** Installation Requirements for Partially Excluded Underground Storage Tank Systems {#sec-10-csr-26-2.011 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.011}

PURPOSE: This rule establishes minimum performance standards for the installation of deferred underground storage tanks.

(1) No person may install an underground storage tank (UST) system listed in 10 CSR 26-2.010(3) for the purpose of storing regulated substances unless the UST system (whether of single- or double-wall construction)— (A) Will prevent releases due to corrosion or structural failure for the operational life of the UST system;

(B) Is cathodically protected against corrosion, constructed of noncorrodible material, steel-clad with a noncorrodible material, or designed in a manner to prevent the release or threatened release of any stored substance;

(C) Is constructed or lined with material that is compatible with the stored substance.

**History**
- *AUTHORITY: sections 319.105 and 319.137, RSMo 2016. This rule originally filed as 10 CSR 20-10.011. Original rule filed April 2, amend ed: Filed April 15, 2011, effective Dec. Original authority: 319.105, RSMo 1989 and 319.137,*

##### **10 CSR 26-2.012** Definitions {#sec-10-csr-26-2.012 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.012}

PURPOSE: This rule defines specific words used in this chapter.

(1) Many definitions relevant to this rule are set forth in the underground storage tank (UST) law in section 319.100, RSMo.

(A) Definitions beginning with the letter A.

1. “Aboveground release” means any release to the surface of the land or to surface water. This includes, but is not limited to, releases from the aboveground portion of a UST system and aboveground releases associated with overfills and transfer operations as the regulated substance moves to or from a UST system.

2. “Airport hydrant fuel distribution system” (also called airport hydrant system) means a UST system which fuels aircraft and operates under high pressure that typically terminates into one (1) or more hydrants (fill stands). The airport hydrant system begins where fuel enters one (1) or more tanks from an external source such as a pipeline, barge, rail car, or other motor fuel carrier.

3. “Annual” means recurring, done, or performed every three hundred sixty-five (365) days.

4. “Annually” means at least once every three hundred sixty-five (365) days.

(B) Definitions beginning with the letter B.

1. “Belowground release” means any release to the subsurface of the land or to groundwater. This includes, but is not limited to, releases from the belowground portions of a UST system and belowground releases associated with overfills and transfer operations as the regulated substances move to or from a UST.

2. “Beneath the surface of the ground” means beneath the ground surface or otherwise covered with earthen materials.

3. “Biannually” or “biannual” means recurring, done, or performed every six (6) months.

(C) Definitions beginning with the letter C.

1. “Cathodic protection” is a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell. For example, a tank system can be cathodically protected through the application of either galvanic anodes or impressed current.

2. “Cathodic protection tester” means a person who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping and tank systems. At a minimum, such persons must be certified by NACE International, the Steel Tank Institute, or the International Code Council.

3. “CERCLA” means the Comprehensive Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986.

4. “Compatible” means the ability of two (2) or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the UST.

5. “Consumptive use” with respect to heating oil means consumed on the premises for heating purposes, typically in the operation of heating equipment, boilers, and furnaces.

6. “Containment sump” means a liquidtight container that protects the environment by containing leaks and spills of regulated substances from piping, dispensers, pumps, and related components in the containment area.

7. “Corrosion expert” means a person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks.

Such a person must be certified by NACE International as a CP Technologist, CP Specialist, Senior Corrosion Technologist, or for sti-P3 tanks, a Steel Tank Institute certified Cathodic Protection Inspector.

(D) Definitions beginning with the letter D.

1. “De minimus” means— A. Any volume of regulated substance(s) contained in a tank with a capacity of less than one hundred ten (110) gallons; or B. A very low concentration of regulated substances; or C. Any volume of regulated substance(s) contained in an emergency backup tank that holds regulated substances for only a short period of time and is expeditiously emptied after use. (Comment: De minimus tanks include: swimming pools, permitted wastewater treatment facilities, and chlorinated, potable water storage tanks. An oil-water separator is not a de minimus system unless the tank has a less than one hundred ten (110) gallon capacity.)

2. “Department,” unless otherwise stated, means the Missouri Department of Natural Resources.

3. “Dielectric material” means a material that does not conduct direct electrical current. Dielectric coatings are used to electrically isolate UST systems from the surrounding soils. Dielectric bushings are used to electrically isolate portions of the UST system (e.g., tank from piping).

4. “Dispenser” means equipment located above the surface of the ground that dispenses regulated substances from the UST system.

5. “Dispenser system” means the dispenser and the equipment necessary to connect the dispenser to the underground portions of the piping system.

6. “Double-walled piping” is a pipe within a pipe, where the outer wall and inner walls are separated, the inner pipe is completely contained within the outer pipe, except for any single wall fittings or ends, which must be open to a leak-tight containment sump, and the space between the two (2) pipes can be used to monitor the integrity of both the inner and outer pipes.

7. “Double-walled tank” means a tank within a tank, where the inner tank is contained within the outer tank to a minimum of ninety-five percent (95%) containment, and the outer wall and inner walls have an interstitial space capable of being monitored for a leak from either tank.

(E) Definitions beginning with the letter E.

1. “Electrical equipment” means underground equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable.

2. “Excavation zone” means the volume containing the tank system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the UST system is placed at the time of installation.

(F) Definitions beginning with the letter F.

1. “Farm tank” is a tank located on a tract of land devoted to the production of crops or raising animals, including fish, and associated residences and improvements. A farm tank must be located on the farm property. Farm includes fish hatcheries, rangeland, and nurseries with growing operations.

2. “Field-constructed tank” means an underground tank constructed in the field or location where it will be used to store a regulated substance. For example, a tank constructed of concrete that is poured on-site or a steel erected tank. This does not include field modifications to a factory-built tank.

3. “Flow-through process tank” is a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process.

Flow-through process tanks do not include tanks used for the storage of materials prior to their introduction into the production process or for the storage of finished products or by-products from the production process.

4. “Free product” refers to a regulated substance that is present as a non-aqueous phase liquid (e.g., liquid not dissolved in water).

(G) Definitions beginning with the letter G.

1. “Gathering lines” means anypipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.

(H) Definitions beginning with the letter H.

1. “Hazardous substance UST system” means a UST system that contains a hazardous substance defined in Section 101(14) of the CERCLA (but not including any substance regulated as a hazardous waste under the Missouri Hazardous Waste Management Law, sections 260.350–260.434, RSMo) or any mixture of these substances and petroleum, and which is not a petroleum storage tank.

2. “Heating oil” means petroleum that is No. 1, No. 2, No. 4—light, No. 4—heavy, No. 5—light, No. 5—heavy, and No. 6 tech nical 4CODE OF STATE REGULATIONS grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); and other fuels when used as substitutes for one (1) of these fuel oils. Heating oil is typically used in the operation of heating equipment, boilers, or furnaces.

3. “Hydraulic lift tank” means a tank holding hydraulic fluid for a closed-loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.

(I) Definitions beginning with the letter I.

1. The term “in-operation” means input or output that occurs on a regular basis for the tank’s intended purpose.

2. The terms “in-service” and “in-use” are equivalent and mean that the tank system contains more than one inch (1") of a regulated substance or residue or three-tenths percent (0.3%) by weight of the total capacity of the UST system of regulated substance. A tank is considered to be in-service and in-use beginning with the first input of a regulated substance into the tank system.

3. The term “installer” means any person, partnership, corporation, company, business, firm, society, or association that installs part or all of an underground storage tank system.

(J) Definitions beginning with the letter J.

(K) Definitions beginning with the letter K. (Reserved).

(L) Definitions beginning with the letter L.

1. “Liquid trap” means sumps, well cellars, and other traps used in association with oil and gas production, gathering, and extraction operations (including gas production plants), for the purpose of collecting oil, water, and other liquids. These liquid traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.

(M) Definitions beginning with the letter M.

1. “Maintenance” means the normal operational upkeep to prevent an underground storage tank system from releasing regulated substances.

2. “Month,” unless otherwise stated, means thirty (30) days.

3. “Monthly” means at least once every thirty (30) days.

4. “Motor fuel” means a complex blend of hydrocarbons typically used in the operation of a motor engine, such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any blend containing one (1) or more of these substances (for example: motor gasoline blended with alcohol).

(N) Definitions beginning with the letter N.

1. “Noncommercial purposes” with respect to motor fuel means not for resale.

(O) Definitions beginning with the letter O.

1. “On the premises where stored,” with respect to heating oil, means UST systems located on the same property where the stored heating oil is used.

2. “Operational life” refers to the period beginning when installation of the tank system has commenced until the time the tank system is properly closed under 10 CSR 26- 2.060–10 CSR 26-2.064.

3. “Operator” means any person in control of, or having responsibility for, the daily operation of a tank.

4. The terms “out-of-service” and “outof-use” are equivalent and mean that the tank system has been emptied so that no more than one inch (1") of regulated substance or residue or three-tenths percent (0.3%) by weight of the total capacity of the UST system remains.

5. “Overfill release” is a release that occurs when a tank is filled beyond its capacity, resulting in the discharge of the regulated substance to the environment.

6. “Owner” means any person who owned an underground storage tank immediately before the discontinuation of its use if not in use on August 28, 1989, or any person who owns an underground storage tank in use on August 28, 1989, excluding persons who hold indicia of ownership primarily to protect a security interest or lienholders exempted under section 319.100(9), RSMo.

(P) Definitions beginning with the letter P.

1. “Person” means any individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, association, the state and its political subdivisions, or any interstate body. “Person” also includes any consortium, joint venture, commercial entity, and the government of the United States.

2. “Petroleum” means gasoline, kerosene, diesel, lubricants, and fuel oil. This definition includes motor fuels, aviation gas, jet fuels, distillate fuel oils, residual fuel oils, and petroleum solvents.

3. “Petroleum storage tank,” as it pertains to the authority in this chapter, means an underground storage tank system used to contain an accumulation of petroleum.

4. “Pipe or piping” means a hollow cylinder or tubular conduit that is constructed of non-earthen materials.

5. “Pipeline facilities” (including gathering lines) are new and existing pipe rightsof-way and any associated equipment, facilities, or buildings.

(Q) Definitions beginning with the letter Q. (Reserved).

(R) Definitions beginning with the letter R.

1. “Regulated substance” includes:

A. Any substance defined in Section 101(14) of the federal Comprehensive Liability Act (P.L. 96-510), as amended, but not including a substance regulated as a hazardous waste under Subtitle C of the federal Resource Conservation and Recovery Act of 1976 (P.L. 94-580), as amended; and B. Petroleum, including crude oil or any fraction thereof, which is liquid at standard conditions of temperature and pressure, sixty degrees (60 ̊) Fahrenheit and fourteen and seven-tenths (14 7/10) pounds per square inch absolute, respectively; and C. Any substance adopted by rule in accordance with federal laws referenced by

Section 101(14) of the federal Comprehensive Liability Act (P.L. 96-510).

2. “Release” includes, but is not limited to, any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from a petroleum storage tank into groundwater, surface water, or subsurface soils.

3. “Release detection” means determining whether a release of a regulated substance has occurred from the UST system into the environment or a leak has occurred into the interstitial space between the UST system and its secondary barrier or secondary containment around it.

4. “Repair” means to restore to proper operating condition a tank, pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment, or other UST system component that has caused a release of product from the UST system or has failed to function properly.

5. “Replaced” or “replacement” means— A. For a tank - to remove a tank and install another tank;

B. For piping - to remove fifty percent (50%) or more of piping and install other piping, excluding connectors, connected to a single tank or single compartment. For tanks with multiple piping runs, this definition applies independently to each piping run.

6. “Residential tank” is a tank located on property used primarily for dwelling purposes.

7. “Routinely contains regulated substance” means that a regulated substance regularly passes through the piping, but does not necessarily mean that the piping must continuously hold a regulated substance. Satellite lines, gravity piping, and remote fill lines, including lines from aboveground storage tank(s) to underground storage tank(s), all routinely contain a regulated substance. Vapor lines, including vent lines and vapor recovery lines, are not included.

(S) Definitions beginning with the letter S.

1. “SARA” means the Superfund Amendments and Reauthorization Act of 1986.

2. “Secondary containment” or “Secondarily contained” means a release prevention and release detection system for a tank and/or piping. This system has an inner and outer barrier with an interstitial space that is monitored for leaks. This term includes containment sumps when used for interstitial monitoring of piping.

3. “Septic tank” means any watertight, covered receptacle designed and constructed to receive the discharge of sewage, separate solids from liquid, digest organic matter, store liquids through a period of detention, and allow the clarified liquids to discharge to a soil treatment system.

4. “Storm-water or wastewater collection system” means piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water runoff resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance.

5. “Surface impoundment” is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials) that is not an injection well.

(T) Definitions beginning with the letter T.

1. “Tank” is a stationary device designed to contain an accumulation of regulated substances and constructed of non-earthen materials (e.g., concrete, steel, plastic) that provide structural support.

2. “Triennial” means recurring, done, or performed every one thousand ninety-five (1,095) days.

3. “Triennially” means at least once every one thousand ninety-five (1,095) days.

(U) Definitions beginning with the letter U.

1. “Under-dispenser containment” or “UDC” means a containment sump underneath a dispenser system designed to prevent dispenser system leaks from reaching soil or groundwater.

2. “Underground area” means an underground room, such as a basement, cellar, shaft, or vault, providing enough space for physical inspection of the exterior of the tank situated on or above the surface of the floor.

3. “Underground release” means any belowground release.

4. “Underground storage tank” is defined in section 319.100, RSMo and means any one (1) or combination of tanks, including pipes connected thereto, used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected thereto, is ten percent (10%) or more beneath the surface of the ground, except as exempted in section 319.100(16), RSMo.

5. “Upgrade,” means the addition or retrofit of some systems, such as cathodic protection, lining, or spill and overfill controls to improve the ability of an underground storage tank system to prevent the release of regulated substance.

(V) Definitions beginning with the letter V.

(W) Definitions beginning with the letter W.

1. “Wastewater treatment tank” means a tank that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.

(X) Definitions beginning with the letter X. (Reserved).

(Y) Definitions beginning with the letter Y.

(Z) Definitions beginning with the letter Z.

Filed April 1, 1999, effective March 30, 2000. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011. Amended: Filed Aug. 15, 2016, effective May 30, 2017. 1993, 1996, 1998; 319.105, RSMo 1989; 319.107, RSMo 1995, 2004, 2008; 319.111, RSMo 1989; 319.114, RSMo 1989, amended 2016; and 319.137, RSMo 1989, amended

**History**
- *AUTHORITY: sections 319.100, 319.105, 319.107, 319.109, 319.111, 319.114, and filed as 10 CSR 20-10.012. Original rule filed Amended: Filed Dec. 31, 1991, effective Aug. 6, 1992. Amended: Filed Jan. 2, 1996, effective Aug. 30, 1996. Amended: Filed Jan. 14, 1997, effective Sept. 30, 1997. Amended:*

##### **10 CSR 26-2.013** UST Systems with Field- Constructed Tanks and Airport Hydrant Fuel Distribution Systems requirements for the previously deferred fieldconstructed tanks and airport hydrant fuel distribution systems. {#sec-10-csr-26-2.013 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.013}

(1) Applicability. This rule applies to owners and operators of field-constructed tanks and airport hydrant fuel distribution systems.

(2) Deadline for compliance. Owners and operators of existing underground storage tank (UST) systems with field-constructed tanks or airport hydrant fuel distribution systems must comply with all of the requirements of 10 CSR 26-2.010 through 10 CSR 26-2.083, the financial responsibility requirements in 10 CSR 26-3, and operator training in 10 CSR 100-6.

(A) Immediately upon installation for any new UST systems installed after July 1, 2017.

(B) By July 1, 2019, for existing systems, except where such requirements are specifically excluded or amended by this rule.

(3) Corrosion protection. UST system components that routinely contain product and are in contact with an electrolyte, including soil, backfill, or water, must meet one (1) of the following:

(A) Performance Standards for New UST Systems, as defined by 10 CSR 26-2.020; or (B) Be constructed of metal and cathodically protected, with the cathodic protection system complying with 10 CSR 26-2.031.

Unprotected metal tanks must pass an integrity test, in accordance with 10 CSR 26-2.021 and 10 CSR 26-2.031, prior to the addition of cathodic protection. Unprotected steel piping cannot be upgraded and must be replaced.

(4) Spill and overfill prevention equipment.

UST systems must be upgraded with the installation of spill and overfill prevention, in accordance with 10 CSR 26-2.020 and 10 CSR 26-2.030, except where “delivery” occurs through a dedicated pipeline permanently connected to the UST system(s). For these systems, owners and operators must have an alarm system and/or an approved plan to prevent releases due to overfill.

(5) Walkthrough inspections. In addition to the walkthrough inspections in 10 CSR 26- 2.036, owners and operators must inspect the following additional areas for airport hydrant fuel distribution systems at least once every thirty (30) days if confined space entry according to the Occupational Safety and Health Administration under 29 CFR Part 1910 is not required, or at least annually if confined space entry is required, and must keep documentation of these walkthrough inspections in accordance with 10 CSR 26- 2.036:

(A) Hydrant pits—visually check for any damage, remove any liquid or debris, and check for any leaks; and 6CODE OF STATE REGULATIONS (B) Hydrant piping vaults—check for any hydrant piping leaks.

(6) Applicability of closure requirements to previously closed UST systems. The department may require that the owner and operator of a UST system with a field-constructed tank system or an airport hydrant fuel distribution system permanently closed before April 30, 2017, assess the excavation zone and close the UST system in accordance with 10 CSR 26-2.060 through 10 CSR 26-2.064 if releases from the UST system, in the judgment of the department, pose a current or potential threat to human health and the environment.

(7) Release detection. Owners and operators of existing UST systems must comply with the release detection requirements mandated in 10 CSR 26-2.040 through 10 CSR 26- 2.048 no later than July 1, 2020.

**History**
- *AUTHORITY: sections 319.100, 319.103, 319.105, 319.107, 319.109, 319.111, 319.114, 319.117, 319.120, 319.123, and 319.137, RSMo 2016. Original rule filed Aug. 15, 2016, effective May 30, 2017. 1993, 1996, 1998; 319.103, RSMo 1989; 319.105, RSMo 1989; 319.107, RSMo 1989, amended 1994; 319.109, RSMo 1989, amended 1995, 2004, 2008; 319.111, RSMo 1989; 319.114, RSMo 1989, amended 2016; 319.117, RSMo 1989; 319.120, RSMo 1989; 319.123, RSMo 1989; and 319.137, RSMo 1989, amended 1993, 1995, 2004.*

##### **10 CSR 26-2.019** New Installation Requirements {#sec-10-csr-26-2.019 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.019}

PURPOSE: This rule sets the standards that installations and installers of new underground storage tank systems must meet.

al. The entire text of the rule is printed here.

(1) Any installer who intends to install an underground storage tank (UST) system for storage of a regulated substance must, at least fourteen (14) days before installing the tank, notify the department by approved form transmitted via email of intent to install a UST, except that this fourteen (14) day notice requirement may be waived by the department when a release is suspected or in other similarly urgent circumstances. The notification must provide the tank owner’s name, installer name, the name and location of the facility where the UST will be installed, the date that the installation is expected to commence, the date that the tank is expected to be brought in use, UST system information, including tank material, size, manufacturer, piping material, piping type, and manufacturer, release detection equipment, and spill and overfill equipment. The installation notice is valid for one hundred eighty (180) days from receipt by the department and only for the UST system(s) listed on the notice. If installation does not commence within one hundred eighty (180) days of the date on which the department received the notice, a new installation notice must be submitted prior to commencing installation activities.

(2) Installers must document compliance with all manufacturer certification or training requirements for tank, piping, release detection equipment, and spill and overfill equipment installed.

(3) Installers and manufacturers must be properly registered with the Missouri Department of Agriculture and have a current financial responsibility mechanism that complies with the requirements of 2 CSR 90-30.085.

(4) Prior to installation of an underground tank and/or UST system piping intended to be used for storage of a regulated substance, the tank and/or piping must be tested, inspected, and measured in accordance with the manufacturer’s requirements and in accordance with the pre-installation inspection, testing, and/or backfilling sections of either— (A) American Petroleum Institute’s Recommended Practice 1615, Installation of Underground Petroleum Storage Systems, fifth edition, 2011. This document is incorporated NW, Washington, DC 20005, (202) 682-8000, (B) Petroleum Equipment Institute’s Recommended Practice 100-2011, Installation of Underground Liquid Storage Systems, 2011 edition. This document is incorporated by refwww.pei.org.

(5) Tanks, piping, and equipment must comply with the new system requirements in 10 CSR 26-2.020. Installations shall be conducted in accordance with all manufacturers’ requirements and in accordance with either— (A) American Petroleum Institute’s Recommended Practice 1615, Installation of Underground Petroleum Storage Systems, fifth edition, 2011. This document is incorporated NW, Washington, DC 20005, (202) 682-8000, (B) Petroleum Equipment Institute’s Recommended Practice 100-2011, Installation of Underground Liquid Storage Systems, 2011 edition. This document is incorporated by refwww.pei.org.

(6) When a new UST system is installed at a marina, the installer must comply with the Petroleum Equipment Institute’s Recommended Practice 1000-2014, Recommended Practices for the Installation of Marina Fueling Systems, 2014 Edition or an alternative procedure approved by the department. This document (918) 494-9696, www.pei.org.

(7) Should one (1) or more of a manufacturer’s requirements contradict the recommended industry practice(s), the manufacturer’s requirements shall be followed. Backfill materials must meet tank and piping manu facturers’ specifications.

(8) The tank and piping system must pass a one-tenth (0.1) gallon/hour system tightness test before the system is brought in-operation.

The tank tightness test must be— (A) A tank tightness test method listed and conducted in accordance with the National Work Group on Leak Detection Evaluations certificate. To obtain a copy, download the appropriate certificate from www.nwglde.org;

(B) A one-tenth (0.1) gallon/hour third party certified test conducted using the automatic tank gauge with the tank at least ninety-five percent (95%) full.

(9) For tank system installations on or after July 1, 2017, before the UST system is brought in-operation— (A) Spill and overfill prevention equipment must be tested in accordance with 10 CSR 26-2.030;

(B) Secondary containment sumps must be tested in accordance with 10 CSR 26-2.035;

(C) All release detection equipment must be operability tested in accordance with 10 CSR 26-2.040 and 10 CSR 26-2.048.

(10) All new tanks must be tied down. Tiedown straps must meet the manufacturer’s design specifications and be installed in locations and at a frequency prescribed by the manufacturer.

(11) Until the installation is complete and the system is released by the installer to the owner/operator, the tank shall be monitored for leaks daily by using either— (A) An approved release detection method, in accordance with 10 CSR 26-2.043; or (B) Daily Inventory Liquid Measurements.

Upon completion of initial post-installation tightness testing, daily measurements are based on the average of two (2) consecutive stick readings. A variation of no greater than twenty-six (26) gallons per week is allowed.

Any suspected release, alarm, or inconclusive or failure result from these release detection methods must be reported and investigated in accordance with 10 CSR 26-2.050.

(12) Upon the department’s discovery of an installation that is not in compliance with the requirements of this rule, the department’s authorized representative may require that the installation remain open and uncovered, or that no additional UST system work be conducted, until— (A) The manufacturer approves the installation that deviates from their written guidelines, specifications, and instructions;

(B) The owner approves the installation;

(C) The department approves the installation.

(13) Any equipment repairs necessary during the installation must be manufacturer certified or approved, with supporting written documentation from the manufacturer.

(14) Certification of Installation. All installers must ensure that one (1) or more of the following methods of certification, testing, or inspection is used to demonstrate compliance with this rule by providing a certification of compliance:

(A) The installation has been inspected and approved by the department;

(B) All work listed in the manufacturer’s installation checklists has been completed and submitted to the department; or (C) The installer has complied with another method for ensuring compliance with this

rule that is pre-approved by the department to be no less protective of human health and the environment.

**History**
- *AUTHORITY: section 319.105, RSMo 2016. Original rule filed April 15, 2011, effective Dec. 30, 2011. Amended: Filed Aug. 15, 2016, effective May 30, 2017. Original authority: 319.105, RSMo 1989.*

##### **10 CSR 26-2.020** Performance Standards for New Underground Storage Tank {#sec-10-csr-26-2.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.020}

PURPOSE: This rule sets the standards for tanks, piping, spill and overfill prevention equipment, installation, and certification of installation that new underground storage tanks must meet.

al. The entire text of the rule is printed here.

(1) In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the underground storage tank (UST) system is used to store regulated substances, all owners and operators of new UST systems must meet the following require- (A) Tanks. Each tank must be properly designed and constructed, and any portion underground that routinely contains a regulated substance must be protected from corrosion, in accordance with a code of practice developed by a nationally-recognized association or independent testing laboratory as specified in paragraphs 1. through 5. of this subsection. In addition, all new or replaced tanks where installation began on or after July 1, 2017, must be double-walled in accordance with paragraph 5. of this subsection— 1. The tank is constructed of fiberglassreinforced plastic and complies with— A. Underwriters’ Laboratories Standard 1316, Standard for Glass-Fiber- Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohol and Alcohol- Gasoline Mixtures, revised 2006. This document is incorporated by reference without any later amendments or modifications. To obtain a 2096, (847) 272-8800, www.ul.com; or B. Other standards or publications approved by the department; or 2. The tank is constructed of steel and cathodically protected in the following manner:

A. The tank is coated with a suitable dielectric material;

B. Field-installed cathodic protection systems are designed by a corrosion expert;

C. Impressed current systems are designed to allow determination of current operating status as required in 10 CSR 26- 2.031(1)(C);

D. Cathodic protection systems are operated and maintained in accordance with

##### **10 CSR 26-2.031** or according to guidelines established by the department; and E. The following codes and standards may be used to comply with paragraph (1)(A)2. of this rule: {#sec-10-csr-26-2.031 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.031}

(I) Steel Tank Institute Specification for STI-P3 System of External Corrosion Protection of Underground Steel Storage Tanks, revised 2010. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the Steel Tank Institute, 944 Donata Court, Lake Zurich, IL 60047, (708) 438- 8265, www.steeltank.com;

(II) Steel Tank Institute Standard F841, Standard for Dual Wall Underground Steel Storage Tanks, revised 2006. This document is incorporated by reference without obtain a copy, contact the Steel Tank Institute, 944 Donata Court, Lake Zurich, IL 60047, (708) 438-8265, www.steeltank.com;

(III) Underwriters’ Laboratories Standard 1746, Standard for External Corrosion Protection Systems for Steel Underground Storage Tanks, revised 2007. 272-8800, www.ul.com;

(IV) NACE International RP 0285- 2002, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, revised 2002. This document is incorporated modifications. To obtain a copy, contact NACE International, Box 218340, Houston, TX 77218-8340, (713) 492-0535, 8CODE OF STATE REGULATIONS www.nace.org;

(V) Underwriters’ Laboratories Standard 58, Standard for Steel Underground Tanks for Flammable and Combustible Liquids, revised 1998. This document is 2096, (847) 272-8800, www.ul.com; or 3. The tank is a composite tank with a steel inner tank and a non-metallic external thick film coating or the tank is a steel inner tank constructed with a non-metallic external jacket forming a secondary wall. Either of these tanks shall comply with one (1) of the following industry codes:

A. Underwriters’ Laboratories Standard 1746, Standard for External Corrosion Protection Systems for Steel Underground Storage Tanks, revised 2007. 272-8800, www.ul.com;

B. Steel Tank Institute’s ACT-100, Specification for External Corrosion Protection of FRP Composite Steel USTs (F894), revised June 2010. This document is copy, contact the Steel Tank Institute, 944 Donata Court, Lake Zurich, IL 60047, (708) 438-8265, www.steeltank.com;

C. Underwriters’ Laboratories Standard 58,Standard for Safety for Steel Underground Storage Tanks for Flammable and Combustible Liquids, revised 1998. This To obtain a copy, contact the Underwriters’ Laboratories, 333 Pfingsten Road, Northbrook, IL 60062-2096, (847) 272- 8800, www.ul.com;

D. Steel Tank Institute’s ACT-100-U, Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks, F961, June 2010. This document is incorporated by reference without obtain a copy, contact the Steel Tank Institute, 944 Donata Court, Lake Zurich, IL 60047, (708) 438-8265, www.steeltank.com; or E. Steel Tank Institute’s Specification F922, Steel Tank Institute Specification for Permatank, revised 2013. This document is copy, contact the Steel Tank Institute, 944 Donata Court, Lake Zurich, IL 60047, (708) 438-8265, www.steeltank.com; or 4. The tank construction and corrosion protection are determined by the department to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than paragraphs (1)(A)1.–3. of this rule;

5. Tanks installed on or after July 1, 2017, must be double-walled.

(B) Piping. The piping that routinely contains regulated substances and is in contact with an electrolyte, including, but not limited to, soil, backfill, and/or water, must be properly designed, constructed, and protected from corrosion as specified in paragraphs 1. through 4. of this subsection. In addition, all new piping systems where installation began on or after July 1, 2017, must be doublewalled in accordance with paragraph 5. of this subsection. If more than fifty percent (50%) of any tank system’s piping is replaced within any twelve (12) month period, the entire piping run must be double-walled in accordance with paragraph 5.

1. The piping is constructed of an approved, non-corrodible material.

2. The following codes and standards may be used to comply with paragraph (1)(B)1. of this rule:

A. Underwriters’ Laboratories Standard 971, UL Listed Nonmetallic Underground Piping for Flammable Liquids, revised 2006. This document is incorporated 272-8800, www.ul.com; and B. Underwriters’ Laboratories Standard 567, Emergency Breakaway Fittings, Swivel Connectors and Pipe Connection Fittings for Petroleum Products and LP-Gas, revised 2003. This document is 2096, (847) 272-8800, www.ul.com.

3. After July 1, 2017, metal piping may not be installed unless it is completely enclosed within a containment sump, except existing flexible connectors may be replaced without a containment sump if the new flexible connector is protected from corrosion by isolating it from the backfill using a manufacturer-approved isolation boot or protecting the connector from corrosion in accordance with this paragraph. For existing piping, the piping is constructed of steel and cathodically protected in the following manner:

A. The piping is coated with a suitable dielectric material;

B. Field-installed cathodic protection systems are designed by a corrosion expert;

C. Impressed current systems are designed to allow determination of current operating status as required in 10 CSR 26- 2.031(1)(C);

D. Cathodic protection systems are operated, inspected, and maintained in accordance with 10 CSR 26-2.031; and E. The codes and standards in 10 CSR 26-2.031(2) may be used to comply with paragraph (1)(B)3. of this rule.

4. The piping construction and corrosion protection are determined by the department to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than the requirements in paragraphs (1)(B)1.– 3. of this rule.

5. After July 1, 2017, new or replaced piping must be double-walled piping, except for any single wall fittings or ends, which must be open to a leak-tight containment sump(s), except for safe suction piping that meets the requirements of 10 CSR 26- 2.041(1)(B)2.A. through E.;

(C) Spill and Overfill Prevention Equipment.

1. Except as provided in paragraph (1)(C)2. of this rule, to prevent spilling and overfilling associated with product transfer to the UST system, owners and operators must use the following spill and overfill prevention equipment:

A. Spill prevention equipment that will prevent release of product to the environment when the transfer hose is detached from the fill pipe (for example, a spill catchment basin). All delivery hose-fill pipe connections must be tight, lock-on connections; and B. Overfill prevention equipment that will— (I) Automatically shut off flow into the tank when the tank is no more than ninety-five percent (95%) full;

(II) Alert the transfer operator with a high-level alarm at least one (1) minute before overfilling with an alarm audible in the delivery area; or (III) Alert the transfer operator when the tank is no more than ninety percent (90%) full by restricting flow into the tank.

(a) Ball float valves may only be used in tank systems with gravity deliveries, in suction systems if there are no check valves, except those contained within a building, and the tank system is tight so that it does not allow vapors to be released during a delivery after the ball float valve has closed.

(b) Ball float valves are not approved for use as overfill prevention equipment in new tank systems installed after December 31, 2011.

(c) When an overfill prevention device is replaced after July 1, 2017, a ball float valve may not be used.

(IV) For pressurized deliveries, overfill prevention equipment must be compatible and approved for use with pressurized deliveries;

C. All spill and overfill prevention equipment must be installed, inspected, maintained, and replaced in accordance with 10 CSR 26-2.030.

2. Owners and operators are not required to use the spill and overfill prevention equipment specified in paragraph (1)(C)1. of this rule if— A. Alternative equipment is used that is determined by the department to be no less protective of human health and the environment than the equipment specified in subparagraph (1)(C)1.A. or B. of this rule; or B. The owner or operator submits a written explanation that the equipment cannot be used for the UST system and their detailed fuel-delivery plan, documenting that their delivery procedures prevent spills and overfills; or C. The UST system is filled by transfers of no more than twenty-five (25) gallons at one (1) time;

(D) For new or replaced tanks or piping installed after July 1, 2017, containment sumps must be installed at each tank top suction piping or submersible turbine pump connection, each piping transition, ball valve or single-walled fitting location, and under each dispenser. The containment sump must be liquid-tight on its sides, bottom, and at any penetrations, with interstitial monitoring in accordance with 10 CSR 26-2.043(1)(H) and sump testing in accordance with 10 CSR 26- 2.035;

(E) Dispenser Systems. Any new dispenser system installed after July 1, 2017, must have a containment sump beneath it.

1. A dispenser system is considered new when both the dispenser and the equipment needed to connect the dispenser to the underground storage tank system are installed or replaced at a UST facility. The equipment necessary to connect the dispenser to the UST system includes check valves, shear valves, unburied risers and flexible connectors, and other transitional components that are underneath the dispenser and connect the dispenser to the underground UST system piping.

2. Under-dispenser containment must be liquid-tight on its sides, bottom, and at any penetrations and must comply with the annual walkthrough inspection requirements in 10 CSR 26-2.036 or be tested or monitored for leaks from the dispenser system in accordance with 10 CSR 26-2.035.

(F) Installation. All tanks and piping must be properly installed in accordance with a code of practice developed by a nationally-recognized association or independent testing laboratory, in accordance with all manufacturers’ instructions, and in accordance with 10 CSR 26-2.019. Tank and piping system installation practices and procedures described in the following codes of practice may be used to comply with the requirements of this rule:

1. American Petroleum Institute Publication 1615, Installation of Underground Petroleum Storage System, revised 2011. This document is incorporated by reference without obtain a copy, contact the American Petroleum 20005, (202) 682-8000, www.api.org/standards/; or 2. Petroleum Equipment Institute Publication RP100, Recommended Practices for Installation of Underground Liquid Storage Systems, revised 2011. This document is (918) 494-9696, www.pei.org. filed as 10 CSR 20-10.020. Original rule filed

##### **10 CSR 26-2.021** Upgraded Underground Storage Tank Systems {#sec-10-csr-26-2.021 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.021}

PURPOSE: This rule contains requirements for UST systems that were in use on December 22, 1998, and were upgraded with release prevention equipment.

al. The entire text of the rule is printed here.

(1) Alternatives Allowed. All underground storage tank (UST) systems which are in-use must comply with one (1) of the following (A) New UST system performance standards in 10 CSR 26-2.020; or (B) The upgrading requirements in sections (3)–(5) of this rule.

(2) Any UST which was not permanently closed by being removed or filled with an inert, solid material before December 22, 1988, and that does not meet the requirements of section (1) shall be permanently closed in accordance with the requirements in

##### **10 CSR 26-2.060** through 10 CSR 26-2.064. {#sec-10-csr-26-2.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.060}

If the UST was taken out of operation by August 28, 1989, but is still in the ground, the person or party responsible for permanently closing the UST is/are the person(s) who owned the UST immediately before the discontinuation of its use.

(3) Tank Upgrading Requirements. Tanks must be upgraded to meet one (1) of the following requirements in accordance with a code of practice developed by a nationally-recognized association or independent testing laboratory:

(A) Interior Lining or Tank Retrofit. A tank may be upgraded by internal lining or retrofit if— 1. The lining is installed in accordance with the requirements of 10 CSR 26-2.033 and the lining or retrofit meets the following additional requirements:

A. All linings installed or repaired on or after January 1, 2020, must meet the design specifications of Underwriters Laboratories (UL) 1856 Outline of Investigation for Underground Fuel Tank Internal Retrofit Systemsrequirements;

B. Inspections and repairs must be conducted by a technician who is properly certified by NACE International or International Code Council (ICC);

C. The lining or retrofit is installed according to manufacturer installation requirements;

D. An approved national code or standard, including those listed in section (7) of this rule, is followed;

E. For fiberglass-reinforced plastic tanks, all linings must be approved by the tank manufacturer and installed in accordance with the tank manufacturer’s requirements. If the tank manufacturer is no longer available or willing to repair the tank, the tank may be lined in accordance with— (I) The manufacturer’s requirements, or 10CODE OF STATE REGULATIONS (II) The Fiberglass Tank & Piping Institute T-95-1. Remanufacturing of Fiberglass Reinforced Plastic (FRP)

Underground Storage Tanks, Revised 1995. tions. To obtain a copy, contact the Fiberglass Tank and Piping Institute, http://www.fiberglasstankandpipe.com; and (III) By a technician who is properly certified by NACE International, International Code Council (ICC), or the American Composites Manufacturers Association;

F. All linings must be installed, inspected, repaired, and maintained in accordance with one (1) of the following:

(I) For UL 1856 Lining systems, single-walled, co-structural systems and linings installed prior to January 1, 2020:

(a) A lining may only be repaired if the tank passes an integrity test, including actual shell thickness readings for steel tanks.

Approved integrity test methods are included in section (7) of this rule;

(b) A lining may only be installed if the new lining meets the UL 1856 specifications and the steel tank passes an integrity test, including actual steel shell thickness readings. Approved integrity test methods are included in section (7) of this

rule;

(c) The lining must be internally nal design specifications;

(II) For UL 1856 Upgrade systems, double-walled, co-structural systems:

(a) A lining may only be installed or repaired if the tank passes an integrity test, including actual shell thickness readings for steel tanks. Approved integrity test methods are included in section (7) of this rule; and (b) The lining must be internally nal design specifications; or (c) The interstitial lining space is electronically monitored, with passing sensor status reports for the most recent twelve (12) months, in accordance with 10 CSR 26-2.043 subsection (1)(H);

(III) For UL 1856 Structural systems, double-walled, self-structural systems— (a) The lining must be internally nal design specifications; or (b) The interstitial lining space is electronically monitored, with passing sensor status reports for the most recent twelve (12) months, in accordance with 10 CSR 26-2.043 subsection (1)(H);

G. All interior lining inspection reports must include photographs of the tank bottom, a representative tank side wall and a representative tank end, and documentation of the interior lining hardness and thickness readings, in accordance with the evaluation guidance document used;

(B) Cathodic Protection. A tank may be upgraded by cathodic protection if the cathodic protection system meets the requirements of the performance standards for new UST systems in 10 CSR 26-2.020(1)(A)2.B.– D. and the integrity of the tank is ensured using one (1) of the following methods:

1. The tank is internally inspected and assessed to ensure that the tank is structurally sound and free of corrosion holes prior to installing the cathodic protection system.

Structural integrity evaluations must include steel shell thickness readings and confirmation that the steel shell does not have any holes or perforations. Approved integrity test methods are included in section (7) of this

rule;

2. The tank has been installed for less than ten (10) years and is monitored monthly for releases in accordance with release detection methods in 10 CSR 26-2.043(1)(E)–(I);

3. The tank has been installed for less than ten (10) years and is assessed for corrosion holes by conducting two (2) tightness tests that meet the requirement of release detection method in 10 CSR 26-2.043(1)(D).

The first tightness test must be conducted prior to installing the cathodic protection system. The second tightness test must be conducted between three and six (3–6) months following the first operation of the cathodic protection system; or 4. The tank is assessed for corrosion holes by a method that is determined by the department to prevent releases in a manner that is no less protective of human health and the environment than paragraphs (3)(B)1.–3. of this rule; and (C) Internal Lining Combined With Cathodic Protection. A tank may be upgraded by both internal lining and cathodic protection if— 1. The lining is installed in accordance with the requirements of 10 CSR 26-2.033;

2. The cathodic protection system meets the requirements of 10 CSR 26- 2.020(1)(A)2.B.–D.

(4) Piping Upgrading Requirements. Metal piping that routinely contains regulated substances and is in contact with an electrolyte, including, but not limited to, soil, backfill, and/or water, must be cathodically protected and must meet the requirements of 10 CSR 26-2.020(1)(B)3.B.–E.

(A) New piping installed at an existing facility must comply with the requirements of 10 CSR 26-2.020.

(5) Spill and Overfill Prevention Equipment.

To prevent spilling and overfilling associated with product transfer to the UST system, all existing UST systems must comply with new UST system spill and overfill prevention equipment requirements specified in 10 CSR 26-2.020(1)(C) and 10 CSR 26-2.030.

(6) Dispenser Systems. Any new dispenser installed after July 1, 2017, must have a containment sump beneath it, in accordance with 10 CSR 26-2.020(1)(E).

(7) The following codes and standards may be used to comply with this rule:

(A) American Petroleum Institute Standard 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks, revised 2001.

(B) NACE International RP 0285-2002, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, revised 2002. This document is incorporated by refer- (C) American Petroleum Institute Publication 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, revised 2002. This document dards/;

(D) American Society for Testing and Materials G158-98 (2010) Standard Guide for Three Methods of Assessing Buried Steel Tanks, revised 2010, Method B only.

Methods A and C may not be used to evaluate the integrity of a steel tank. This document is copy, contact the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, (610) 832-9500, www.astm.org;

(E) National Leak Prevention Association Standard 631, Spill Prevention, Minimum 10 Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection, revised 1999. This standard may only be used for interior lining application and inspection, not for inspection of the steel tank integrity. This To obtain a copy, contact the National Leak Prevention Association, (815) 301-2785, www.nlpa-online.org;

(F) Ken Wilcox Associates Recommended Practice, Recommended Practice for Inspecting Buried Lined Steel Tanks Using a Video Camera, September 28, 1999. This document is incorporated by reference without obtain a copy, contact Ken Wilcox Associates, 1125 Valley Ridge Drive, Grain Valley, MO 64029, (816) 443-2494, www.kwaleak.com;

(G) Underwriters Laboratory (UL) 1856 Outline of Investigation for Underground Fuel Tank Internal Retrofit Systems, June 2013. 272-8800, www.ul.com. filed as 10 CSR 20-10.021. Original rule filed

##### **10 CSR 26-2.022** Notification Requirements {#sec-10-csr-26-2.022 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.022}

PURPOSE: This rule specifies the registration procedures for underground storage tanks.

(1) Any owner who brings an underground storage tank (UST) system in-operation must, within thirty (30) days of bringing the tank inoperation, register the completed UST system on forms provided by the department. Note:

Owners and operators of UST systems that were in the ground on or after May 8, 1986, unless taken out-of-use on or before January 1, 1974, were required to notify the state in accordance with the Hazardous and Solid Waste Amendments of 1984, P.L. 98-616, on a form published by Environmental Protection Agency (EPA) on November 8, 1985 (50 FR 46602), unless notice was given pursuant to section 103(c) of Comprehensive Liability Act of 1980 (CERCLA). Owners and operators who have not complied with the notification requirements must use a form approved by the department.

(2) No later than July 1, 2019, owners of previously deferred UST systems must register their UST system(s) on forms approved by the department.

(3) All owners and operators of new UST systems must certify in writing compliance with the following requirements:

(A) Installation of tanks and piping in 10 CSR 26-2.020(1)(E);

(B) Cathodic protection of steel tanks and piping under 10 CSR 26-2.020(1)(A) and (B);

(C) Financial responsibility in 10 CSR 26- 3.090–10 CSR 26-3.115; and (D) Release detection in 10 CSR 26- 2.040–10 CSR 26-2.045.

(4) If the owner changes, the new owner or operator shall complete and file an updated registration form with the department within thirty (30) days of the change(s).

(5) The department shall issue a Certificate of Registration for any tanks which meet the requirements in sections (1) through (4) of this rule and 10 CSR 26-2.020 and 10 CSR 26-2.021. The Certificate of Registration shall be valid for five (5) years except as described in section (6) of this rule.

(6) The department shall establish effective dates and expiration dates for Certificates of Registration issued under this rule. These dates shall establish a period of from one to five (1–5) years for an initial Certificate of Registration and a period of five (5) years for subsequent Certificates of Registration.

(7) Information submitted to the department after January 1, 1990, under sections (1) through (4) of this rule for a tank brought into use before January 1, 1990, or for a tank brought into use after September 28, 1990, is an application for a Certificate of Registration and shall be accompanied by a fee as described in section (8).

(8) Fees required under section (7) of this

rule shall be paid in one (1) payment of seventy-five dollars ($75). No fees shall be collected for registration of tanks which were permanently closed prior to August 28, 1989.

No further fees shall be assessed upon registered USTs once permanent closure has been completed and any fees to date have been paid.

Filed April 1, 1999, effective March 30, 2000. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011. Amended: Filed Aug. 15, 2016, effective May 30, 2017. *Original authority: 319.103, RSMo 1989; 319.105, RSMo 1989; 319.107, RSMo 1989, amended 1994; 319.111, RSMo 1989; 319.114, RSMo 1989, amended 2016; 319.123, RSMo 1989; and 319.137, RSMo 1989, amended

**History**
- *AUTHORITY: sections 319.103, 319.105, 319.107, 319.111, 319.114, 319.123, and filed as 10 CSR 20-10.022. Original rule filed Amended: Filed June 1, 1995, effective Jan. 30, 1996. Amended: Filed Jan. 2, 1996, effective Aug. 30, 1996. Amended: Filed Jan. 14, 1997, effective Sept. 30, 1997. Amended:*

##### **10 CSR 26-2.030** Spill and Overfill Control for In-Use Underground Storage Tank {#sec-10-csr-26-2.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.030}

PURPOSE: This rule is designed to prevent releases during routine filling of the underground storage tank with product. the public for inspection and copying at no This note applies only to the reference material. The entire text of the rule is printed here.

(1) Owners and operators must ensure that releases due to spilling or overfilling do not occur. The owner and operator must ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly to prevent overfilling and spilling.

(2) The owner and operator must report, investigate, and clean up any spills and overfills in accordance with 10 CSR 26-2.053.

(3) Owners and operators must meet one (1)

12CODE OF STATE REGULATIONS of the following requirements to ensure their spill prevention equipment is operating properly and will prevent releases to the environment:

(A) Have double-walled spill prevention equipment and monitor the space between the walls at least once every thirty (30) days; or (B) The spill prevention equipment is tested at least triennially to ensure the spill prevention equipment is liquid tight by using vacuum, pressure, or liquid testing in accordance with one (1) of the following:

1. Requirements developed by the manufacturer (Note: This option may only be used if the manufacturer has developed testing requirements. Self-testing apparatus may only be used if pre-approved by the department as a valid functionality test.); or 2. Interstitial test (for double-walled spill basins only) or spill containment test listed by the National Work Group on Leak Detection Evaluations. To obtain copies of equipment certifications, contact the National Work Group on Leak Detection Evaluations, www.nwglde.org; or 3. Petroleum Equipment Institute RP Equipment at UST Facilities. This document is (918) 494-9696, www.pei.org; or 4. Other methods approved by the department, which may include a code of practice developed by a nationally recognized association or independent testing laboratory, determined to be no less protective of human ments listed in paragraphs 1. through 3. of this subsection.

(4) Spill basins may not be repaired with a partial or spot, field-applied repair kit or product. Repairs must either be a manufacturer-designed replacement insert or a complete factory-built, field-installed spill basin repair kit. Other repairs may be approved by the department if they are determined to be no less protective of human health and the environment.

(5) Owners and operators must ensure their overfill prevention equipment is operating properly and will prevent releases to the environment. Overfill prevention equipment must be inspected or tested at least triennially. At a minimum, the test or inspection must ensure that overfill prevention equipment is set to activate at the correct level specified in 10 CSR 26-2.020 and will activate when the regulated substance reaches that level. Tests or inspections must be conducted in accordance with one (1) of the following criteria:

(A) Requirements developed by the manufacturer, but only if the test or inspection confirms that all portions of the overfill device are intact and functional. (Note: This option may be used if the manufacturer has developed testing requirements. Self-testing apparatus may only be used if approved by the department as a valid functionality test); or (B) Petroleum Equipment Institute RP (918) 494-9696, www.pei.org; or (C) Other methods approved by the department, which may include a code of practice developed by a nationally recognized association or independent testing laboratory, determents listed in subsections (A) or (B) of this

section.

(6) The first test of the spill equipment and the first test or inspection of the overfill prevention equipment required by this rule is due no later than January 1, 2020.

(7) If a tank has been out of use for more than twelve (12) months, equipment must be confirmed operational with a test of the spill prevention equipment and an inspection or test of the overfill prevention equipment, prior to bringing it back in-use.

(8) Owners and operators must maintain the following records, in accordance with 10 CSR 26-2.034, for spill and overfill prevention equipment:

(A) Test and/or inspection records must be maintained for three (3) years; and/or (B) When using interstitial monitoring, records must be maintained for twelve (12) months.

(9) Guidance on spill and overfill prevention appears in the— (A) American Petroleum Institute Publication 1621, Recommended Practice for Bulk Liquid Stock Control at Retail Outlets, 8000, www.api.org/standards/;

(B) National Fire Protection Association Standard 30, Flammable and Combustible Liquids Code, revised 2008. This document copy, contact the National Fire Protection Association, 1 Batterymarch Park, Box 9101, Quincy, MA 02269-9101, (617) 770-3000, www.nfpa.org;

(C) Petroleum Equipment Institute RP (918) 494-9696, www.pei.org;

(D) National Fire Protection Association Standard 385, Standard for Tank Vehicles for Flammable and Combustible Liquids, revised 2012. This document is incorporated by ref- National Fire Protection Association, 1 Batterymarch Park, Box 9101, Quincy, MA 02269-9101, (617) 770-3000, www.nfpa.org;

(E) American Petroleum Institute Recommended Practice 1007, Loading and Unloading of MC 306/DOT Cargo Tank Motor Vehicles, revised 2011. This document dards. filed as 10 CSR 20-10.030. Original rule filed

##### **10 CSR 26-2.031** Operation and Maintenance of Corrosion Protection ments for corrosion protection systems. {#sec-10-csr-26-2.031 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.031}

al. The entire text of the rule is printed here.

(1) All owners and operators of metal underground storage tank (UST) systems with corrosion protection must comply with the following requirements to ensure that releases due to corrosion are prevented until the system is permanently closed or has an out-ofuse site assessment conducted in accordance with 10 CSR 26-2.060 through 10 CSR 26- 2.064.

(A) All corrosion protection systems must be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contain regulated substances and are in contact with an electrolyte, including, but not limited to, soil, backfill, and/or water.

(B) All UST systems equipped with cathodic protection systems must be inspected for proper operation by a NACE International certified, Steel Tank Institute certified, or International Code Council (ICC) appropriately certified cathodic protection tester in accordance with the following 1. Frequency. To confirm that the system is operating properly and providing adequate protection, all cathodic protection systems must be tested within six (6) months of installation and at least triennially after that, or according to another reasonable time frame established by the department; and 2. Inspection criteria. The criteria that are used to determine that cathodic protection (CP) is adequate as required by this section must be in accordance with a code of practice developed by a nationally-recognized association listed in section (2) of this rule.

A. Inspection reports must document the testing method used, the testing standard referenced, the CP tester, and the CP tester’s qualifications.

B. Inspection reports must include a site sketch, potential readings, and the location where the readings were made.

C. For impressed current systems, the inspection report must document continuity data and how voltage (IR) drops other than those across the structure/electrolyte interface were considered or accounted for in determining adequate protection.

(C) UST systems with impressed current cathodic protection systems must also be inspected every sixty (60) days to ensure the equipment is running properly.

1. Rectifier log reports must include relevant system data, including, but not limited to, amperage readings, voltage readings, hour meter, and indicator light, where available.

2. Any indication of deviations from previous rectifier logs or rectifier readings or the most recent cathodic protection system inspection of the rectifier or cathodic protection system, such as variances in current reading or indicator light, must be appropriately investigated.

(D) For UST systems using cathodic protection, records of the operation of the cathodic protection system must be maintained in accordance with 10 CSR 26-2.034 to demonstrate compliance with the performance standards in this rule. These records must provide the following:

1. The results of the last three (3) inspections required in subsection (1)(C) of this rule; and 2. The results of testing from the last two (2) inspections required in subsection (1)(B) of this rule.

(2) The following codes and standards may be used to comply with this rule:

(A) NACE International RP 0285-2002, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, revised 2002. This document is incorporated by refer- (B) NACE International TM0101-2001, Standard Test Method, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems, 2001 edition. This To obtain a copy, contact NACE (C) NACE International SP-0169-2007, Control of External Corrosion on Submerged Metallic Piping Systems, revised 2007. This To obtain a copy, contact NACE (D) NACE International TM0497-2012, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems, revised 2012. This document is incorporated by refer- (E) Steel Tank Institute Cathodic Protection Testing Procedures for sti-P3 USTs, R051, January 2006. This document is incorporated Steel Tank Institute, 944 Donata Court, Lake Zurich, IL 60047, (708) 438-8265, www.steeltank.com;

(F) Steel Tank Institute Recommended Practice for the Addition of Supplemental Anodes to sti-P3 USTs, R972, December 2010. This document is incorporated by ref- Steel Tank Institute, 944 Donata Court, Lake Zurich, IL 60047, (708) 438-8265, www.steeltank.com; or (G) Steel Tank Institute Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems, R892, Revised January 2006. To obtain a copy, contact the Steel Tank Institute, 944 Donata Court, Lake Zurich, IL 60047, (708) 438- 8265, www.steeltank.com.

(3) If cathodic protection is being used to protect all or part of a UST system from corrosion, and the electric system energizing the cathodic protection has been off, unhooked, or damaged for more than ninety (90) days, the owner/operator must— (A) Conduct a tank integrity test, documenting adequate tank shell integrity and thickness, as required in 10 CSR 26- 2.021(3)(B); and (B) Have a corrosion expert or design engineer re-evaluate the UST system, cathodic protection system, and surrounding structures and design and/or make changes to the exist ing cathodic protection system to meet the standards in 10 CSR 26-2.020(1)(A)2.B.– D.;

(C) Replace metal piping components;

(D) The owner/operator may request an additional ninety (90) days to repair the systems by submitting a request, including the justification for the extension; or (E) Permanently close the tank, in accordance with 10 CSR 26-2.060 through 10 CSR 26-2.064.

(4) If a cathodic protection system test indicates that the system is not operating properly or does not provide adequate protection, as defined by the testing method used, and the system is not repaired or does not pass a retest within ninety (90) days, or if a required 14CODE OF STATE REGULATIONS cathodic protection system test is not conducted, the owner/operator must comply with the requirements outlined in section (3) of this rule. filed as 10 CSR 20-10.031. Original rule filed

##### **10 CSR 26-2.032** Compatibility {#sec-10-csr-26-2.032 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.032}

PURPOSE: This rule prevents releases caused by chemical action on the underground storage tank system by the stored regulated substance.

al. The entire text of the rule is printed here.

(1) Owners and operators must use an underground storage tank (UST) system made of or lined with materials that are compatible with the substance stored in the UST system. If a lining is installed for compatibility purposes, it must be maintained and inspected in accordance with 10 CSR 26-2.021(3)(A).

(2) Owners and operators must notify the department at least thirty (30) days prior to switching to a regulated substance containing greater than ten percent (10%) ethanol and/or greater than twenty percent (20%) biodiesel.

(3) Owners and operators may use one (1) or more of the following methods to demonstrate UST system compatibility with the regulated substance stored:

(A) Certification or listing of UST system components by a nationally recognized, independent testing laboratory for use with the regulated substance stored; or (B) Equipment or component manufacturer approval. The manufacturer’s approval must be in writing, indicate an affirmative statement of compatibility and functionality, specify the range of product blends with which the component is compatible, and be from the equipment or component manufacturer; or (C) Another method determined by the department to be no less protective of human health and the environment than the methods listed in subsection (A) or (B) of this section.

(4) Owners and operators storing alcohol blends may use the following codes to comply with this rule:

(A) American Petroleum Institute Recommended Practice 1626, Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Service Stations, 2010 Edition with 2012 Addendum. www.api.org/standards/; or (B) Other standards or publications approved by the department.

**History**
- *AUTHORITY: sections 319.105 and 319.137, RSMo 2016. This rule originally filed as 10 CSR 20-10.032. Original rule filed April 2, Original authority: 319.105, RSMo 1989 and 319.137,*

##### **10 CSR 26-2.033** Repairs Allowed {#sec-10-csr-26-2.033 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.033}

PURPOSE: This rule describes methods for repair of underground storage tank systems. entire text of the material which is incorpo ratal. The entire text of the rule is printed here.

(1) Owners and operators of underground storage tank (UST) systems must ensure that repairs will prevent releases due to structural failure or corrosion as long as the UST system is used to store regulated substances.

(2) The repairs must meet the following (A) Repairs to UST systems must be properly conducted in accordance with a code of practice developed by a nationally-recognized association or an independent testing laboratory.

1. The following codes and standards may be used to comply with subsection (2)(A) of this rule:

A. National Fire Protection Association Standard 30, Flammable and Combustible Liquids Code, revised 2008. tions. To obtain a copy, contact the National Fire Protection Association, 1 Batterymarch Park, Box 9101, Quincy, MA 02269-9101, (617) 770-3000, www.nfpa.org;

B. National Fire Protection Association Standard 326, Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair, revised 2015. tions. To obtain a copy, contact the National Fire Protection Association, 1 Batterymarch Park, Box 9101, Quincy, MA 02269-9101, (617) 770-3000, www.nfpa.org;

C. American Petroleum Institute Publication 2200, Repairing Crude Oil, Liquefied Petroleum Gas, and Product Pipelines, revised 2001. This document is dards/;

D. American Petroleum Institute Standard 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks, 8000, www.api.org/standards/;

E. National Leak Prevention Association Standard 631, Spill Prevention, Minimum 10-Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection, revised 1999. This standard may only be used for interior lining application and inspection, not for integrity testing of the steel shell. This To obtain a copy, contact the National Leak Prevention Association, (815) 301-2785, www.nlpa-online.org; and F. Fiberglass Tank and Piping Institute T-95-1, Remanufacturing of Fiberglass Plastic (FRP) Underground Storage Tanks, Revised 1995. This document is incorporated by refercations. To obtain a copy, contact the Fiberglass Tank and Piping Institute, http://www.fiberglasstankandpipe.com;

(B) Repairs to fiberglass-reinforced plastic tanks may be made by the manufacturer’s authorized representatives or in accordance with a code of practice developed by a nationally-recognized association or an independent testing laboratory;

(C) Metal pipe sections and fittings that have released a regulated substance as a result of corrosion or other damage must be replaced. For cathodically protected metal piping, the entire length of electrically-continuous metal pipe must be replaced. Noncorrodible pipes and fittings may be repaired in accordance with the manufacturer’s specifications;

(D) Repairs must be done by a person who is properly registered with the Missouri Department of Agriculture and who has a financial responsibility mechanism that complies with the requirements of 2 CSR 90- 30.085;

(E) Repaired tanks and/or piping must be tightness tested in accordance with release detection methods listed in 10 CSR 26- 2.043(1)(D) and 10 CSR 26-2.044(1)(B) within thirty (30) days following the date of the completion of the repair, unless tested using another method determined by the department to be no less protective of human health and the environment.

(F) Repairs of UST systems, or any portion of a UST system, required to be doublewalled, must be tested to confirm the integrity of both walls of the repaired tank or piping system within thirty (30) days following the completion of any repair;

(G) Repairs to any required containment sumps must be tested using a method specified in 10 CSR 26-2.035(1)(B) within thirty (30) days following the completion of any repair;

(H) Within thirty (30) days following any repair to spill or prevention equipment, the repaired spill or overfill prevention equipment must be tested in accordance with 10 CSR 26-2.030 to ensure it is operating properly;

(I) Within six (6) months following the repair of any cathodically protected UST system, the cathodic protection system must be tested with the methods of operation and maintenance of corrosion protection in 10 CSR 26-2.031(1)(B) and (C) to ensure that it is operating properly. Repair may include, but is not limited to, adjustments, maintenance, replacement, or changes to cathodic protection equipment and/or tank repairs;

(J) If a tank is repaired by installation of an interior lining, the lining must be properly maintained and inspected, in accordance with 10 CSR 26-2.021(3)(A), for the life of the tank; and (K) UST system owners and operators must maintain records demonstrating compliance with this rule for each repair for the remaining operating life of the UST system. filed as 10 CSR 20-10.033. Original rule filed

##### **10 CSR 26-2.034** Reporting and Record {#sec-10-csr-26-2.034 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.034}

PURPOSE: This rule explains how the owner and operator must keep records demonstrating compliance with the requirements of this

chapter. These records must be furnished to the department on request.

(1) Owners and operators of underground storage tank (UST) systems must cooperate fully with inspections, monitoring, and testing conducted by the department, or the department’s authorized representative, as well as requests for document submission, testing, and monitoring.

(A) Reporting. Owners and operators must submit the following information to the department:

1. Notification for all UST systems (10 CSR 26-2.022);

2. Reports of all releases including suspected releases (10 CSR 26-2.050), spills and overfills (10 CSR 26-2.053), and confirmed releases (10 CSR 26-2.071);

3. Corrective actions planned or taken including initial abatement measures (10 CSR 26-2.072), initial site characterization (10 CSR 26-2.074), free product removal (10 CSR 26-2.075), investigation of soil and groundwater cleanup (10 CSR 26-2.078), and corrective action plan (10 CSR 26-2.082);

4. A notification before permanent closure or change in service (10 CSR 26-2.061).

(B) Record Keeping. Owners and operators must maintain the following information:

1. Installation records for any UST system or system component installed after July 1, 2017;

2. Documentation of operation of corrosion protection equipment (10 CSR 26- 2.031);

3. Documents demonstrating compatibility of UST systems, including tanks, piping, release detection equipment, and all other ancillary equipment with the regulated substance being stored (10 CSR 26-2.032);

4. Documentation of UST system repairs (10 CSR 26-2.033);

5. Documentationdemonstrating spill and overfill prevention equipment is being properly maintained and inspected or tested (10 CSR 26-2.030);

6. Documentation of containment sump testing results (10 CSR 26-2.035);

7. Documentation of periodic walkthrough inspections (10 CSR 26-2.036);

8. Recent compliance with release detection requirements (10 CSR 26-2.048);

9. Results of the site investigation conducted at permanent closure (10 CSR 26- 2.064);

10. Documentationdemonstrating compliance with the operator training rule (10 CSR 100-6); and 11. Documentation demonstrating a valid financial responsibility mechanism is in effect (10 CSR 26-3).

(C) Availability and Maintenance of Records. Owners and operators must keep the records required either— 1. At the UST site and immediately available for inspection by the department; or 2. At a readily available alternative site and be provided for inspection to the department within three (3) working days or five (5) calendar days upon receipt of a written request. A written request shall be made in the following manner:

A. The department shall provide a written request at the time of inspection to site personnel; or B. In the cases of unattended sites or inspections conducted after normal business hours, written notice shall be made by certified mail; or 3. If the owner or operator fails to meet the requirements of paragraph (1)(C)2., the department may order or otherwise require that owner or operator to maintain records on-site per paragraph (1)(C)1.; or 4. In the case of permanent closure records required under 10 CSR 26-2.064, owners and operators are also provided with the additional alternative of mailing closure records to the department if they cannot be kept at the site or an alternative site as indicated in this section.

**History**
- *AUTHORITY: sections 319.107, 319.111, and 16CODE OF STATE REGULATIONS filed as 10 CSR 20-10.034. Original rule filed 319.111, RSMo 1989; and 319.137, RSMo 1989, amended*

##### **10 CSR 26-2.035** Testing of Containment Sumps ments for testing the newly required containment sumps associated with underground storage tank systems. {#sec-10-csr-26-2.035 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.035}

al. The entire text of the rule is printed here.

(1) Owners and operators of underground storage tank (UST) systems with containment sumps required by 10 CSR 26-2.020 and/or 10 CSR 26-2.021, must ensure the continued integrity of required containment sumps by meeting one (1) of the following require- (A) The containment sump has at least two (2) walls and an interstitial space and the integrity of two (2) walls is interstitially monitored annually; or (B) The containment sump primary wall is tested at least triennially to ensure the equipment is liquid-tight by using vacuum, pressure, or liquid testing.

(2) The testing and/or monitoring required by this rule must be conducted in accordance with one (1) of the following:

(A) A tightness test developed and published by the manufacturer (Note: Owners and operators may use this option only if the manufacturer has developed testing requirements.);

(B) An interstitial test or containment sump test listed by the National Work Group on Leak Detection Evaluations. To obtain copies of equipment listings, contact the National Work Group on Leak Detection (C) Petroleum Equipment Institute RP (918) 494- 9696, www.pei.org; or (D) Another method approved by department, including code(s) of practice developed by a nationally recognized association(s) or independent testing laboratory(ies), determents listed in subsections (A) through (C) of this section.

(3) Owners and operators must maintain record(s) of the required containment sump monitoring for twelve (12) months or test(s) required by this rule until the next test is performed.

Aug. 15, 2016, effective May 30, 2017.

##### **10 CSR 26-2.036** Operation and Maintenance Walkthrough Inspections requirements for walkthrough inspections of underground storage tank systems. {#sec-10-csr-26-2.036 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.036}

al. The entire text of the rule is printed here.

(1) To properly operate and maintain underground storage tank (UST) systems, owners and operators must ensure the following requirements are met:

(A) Owners and operators must ensure walkthrough inspections are conducted as follows:

1. Spill prevention equipment must be checked at least once every thirty (30) days, or prior to each delivery for USTs that receive deliveries less frequently than once every thirty (30) days. The person(s) conducting the inspection must visually check for any damage, remove liquid or debris, check for and remove obstructions in the fill pipe, check the fill cap to make sure it is securely on the fill pipe, and for double-walled spill prevention equipment using interstitial monitoring, check for a leak in the interstitial area; and 2. Release detection equipment must be checked at least once every thirty (30) days.

The person(s) conducting the inspection must check to make sure the release detection system is operating with no alarms or other unusual operating conditions present and ensure records of release detection testing are reviewed monthly and are current;

(B) At least annually, owners and operators must ensure the following is done:

1. Containment sumps required in 10 CSR 26-2.020 or 10 CSR 26-2.021, including tank top or submersible turbine pump, under-dispenser, and transition or intermediate sumps, must be visually checked for any damage, leaks to the containment sump area, or releases to the environment; liquid or debris must be removed; and the interstitial space of double walled containment sumps must be checked for leaks; and 2. Tank gauge sticks or other hand held release detection equipment must be checked for operability and serviceability;

(C) The first walkthrough inspections in this section are due— 1. Immediately upon installation for new UST systems installed after July 1, 2017; or 2. No later than January 1, 2020, for existing UST systems;

(D) Owners and operators may use the following codes to comply with this rule:

1. Petroleum Equipment Institute RP 500- 11, Recommended Practices for Inspection and Maintenance of Motor Fuel Dispensing Equipment. This document is incorporated by reference without any later amendments or www.pei.org;

2. Petroleum Equipment Institute RP 900-08, Recommended Practices for Inspection and Maintenance of UST Systems. tions. To obtain a copy, contact the Petroleum Equipment Institute, Box 2380, Tulsa, OK 74101-2380, (918) 494-9696, www.pei.org;

3. Another method approved by department, including code(s) of practice developed by a nationally recognized association(s) or independent testing laboratory(ies), determents listed in this rule; and (E) Owners and operators must maintain records (in accordance with 10 CSR 26- 2.034) of the inspections required by this rule for one (1) year. The record must include a list of each area checked, whether each area checked was acceptable or needed action, and a description of any actions taken as a result of the inspection.

Aug. 15, 2016, effective May 30, 2017.

##### **10 CSR 26-2.040** General Requirements for Release Detection for All In-Use Underground Storage Tank Systems {#sec-10-csr-26-2.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.040}

PURPOSE: This rule outlines the minimum requirements for leak and spill detection systems.

(1) Owners and operators of underground storage tank (UST) systems that are in-use must use a method, or combination of methods, of release detection that— (A) Can detect a release from any portion of the tank and the connected underground piping that routinely contains a regulated substance, except remote fills and gravity piping;

(B) Is installed, calibrated, operated, tested, and maintained in accordance with the manufacturer’s instructions, including routine maintenance and service checks for operability or running condition. If manufacturer’s operability test procedures are not available, the annual operability test may be conducted in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory or a method approved by the department. Operability test reports must, at a minimum, include facility name and address, components tested, model and serial number (if legible), testing date, test method, technician name and affiliation, and a certification of results;

(C) The first operability test is due not later than January 1, 2020 or immediately upon installation if installed after July 1, 2017. Electronic and mechanical release detection equipment must be tested annually for proper operation, in accordance with sub-

section (B) of this section. A test of the proper operation must be performed at least annually and, at a minimum and as applicable to the facility, cover the following components and criteria:

1. Automatic tank gauge and other controllers: test alarm; verify system configuration; test battery backup unless records are electronically stored at a remote location;

2. Probes and sensors: inspect for residual buildup; ensure floats move freely; ensure shaft is not damaged; ensure cables are free of kinks, bends, and breaks; test alarm operability and communication with controller;

3. Vacuum pumps and pressure gauges: ensure proper communication with sensors and controller;

(D) Meets the performance requirements for tanks in 10 CSR 26-2.043 or 10 CSR 26- 2.046 for field-constructed tanks, or for piping in 10 CSR 25-2.044 or 10 CSR 26-2.047 for bulk piping, with any performance claims and their manner of determination described in writing by the equipment manufacturer or installer. In addition, all release detection methods must be capable of detecting the leak rate or quantity specified for the method in 10 CSR 26-2.043, 10 CSR 26-2.044, 10 CSR 26-2.046, or 10 CSR 26-2.047, as appropriate, with a probability of detection of ninetyfive percent (95%) and a probability of false alarm of five percent (5%); and (E) All release detection methods and equipment must be conducted and operated in accordance with the applicable National Work Group on Leak Detection Evaluations listing, unless otherwise approved by the department.

To obtain copies of equipment listings, contact Evaluations, www.nwglde.org.

(2) When a release detection method for tanks in 10 CSR 26-2.043 or 10 CSR 26- 2.046 or for piping in 10 CSR 26-2.044 or 10 CSR 26-2.047 indicates a release may have occurred, owners and operators must notify the department in accordance with 10 CSR 26-2.050–10 CSR 26-2.053.

Original rule filed April 2, 1990, effective Sept. 28, 1990. Amended: Filed Aug. 3, 1993, effective April 9, 1994. Moved and

**History**
- *AUTHORITY: sections 319.105, 319.107, 319.111, and 319.137, RSMo 2016. This rule originally filed as 10 CSR 20-10.040.*

##### **10 CSR 26-2.041** Requirements for Petroleum Underground Storage Tank {#sec-10-csr-26-2.041 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.041}

PURPOSE: This rule outlines the options for leak detection at petroleum underground storage tanks.

(1) Owners and operators of petroleum underground storage tanks (UST) systems that are in use must provide release detection for tanks and piping as follows:

(A) Tanks. Tanks must be monitored at least every thirty (30) days for releases using one (1) of the methods listed in 10 CSR 26- 2.043(1)(B)–(I), except that— 1. UST systems that meet standards in

##### **10 CSR 26-2.020** or 10 CSR 26-2.021 and the monthly inventory control requirements in 10 CSR 26-2.043(1)(A) may use tank tightness testing (10 CSR 26-2.043(1)(D)) at least every five (5) years until December 22, 1998, or until ten (10) years after the tank is installed or upgraded under 10 CSR 26- 2.021(3), whichever is later; {#sec-10-csr-26-2.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.020}

2. Tanks with a capacity of two thousand (2,000) gallons or less may use manual tank gauging (10 CSR 26-2.043(1)(C));

3. Field-constructed tanks greater than fifty thousand (50,000) gallons may use the alternative release detection requirements in 10 CSR 26-2.046;

4. Groundwater monitoring (10 CSR 26- 2.043 subsection (1)(G)) will no longer be valid to monitor for releases after July 1, 2020;

5. Vapor monitoring (10 CSR 26-2.043 subsection (l)(F)) may not be used after July 1, 2020, as a release detection method unless it is used with an added tracer chemical and listed by the National Work Group on Leak Detection Evaluations as a tank tightness test;

6. Tanks installed after July 1, 2017, must be monitored for leaks at least every thirty (30) days in accordance with 10 CSR 26-2.043(1)(H);

(B) Piping. Underground piping that routinely contains regulated substances must be monitored for releases in a manner that meets one (1) of the following requirements:

1. Pressurized piping. Underground piping that conveys regulated substances under pressure must— A. Be equipped with an automatic line leak detector in 10 CSR 26-2.044(1)(A);

B. Have an annual line tightness test conducted in accordance with 10 CSR 26- 2.044(1)(B) or have monthly monitoring conducted in accordance with 10 CSR 26- 2.044(1)(C); and C. New or replaced piping installed 18CODE OF STATE REGULATIONS after July 1, 2017, must be monitored for releases at least every thirty (30) days in accordance with 10 CSR 26-2.043 subsection (1)(H);

2. Suction piping. Underground piping that conveys regulated substances under suction must either have a line tightness test conducted at least every three (3) years and in accordance with 10 CSR 26-2.044(1)(B) or use a monthly monitoring method conducted in accordance with 10 CSR 26-2.044(1)(C).

New or replaced piping installed after July 1, 2017, must be monitored for releases at least every thirty (30) days in accordance with 10 CSR 26-2.043 subsection (1)(H). No release detection is required for suction piping that is designed and constructed to meet the following standards:

A. The below-grade piping operates at less than atmospheric pressure;

B. The below-grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released;

C. Only one (1) check valve is included in each suction line;

D. The check valve is located directly below and as close as practical to the suction pump; and E. A method is provided that allows compliance with subparagraphs (1)(B)2.A.– D. of this rule to be readily determined (for example, the check valve can be visually inspected); and 3. Gravity piping and remote fill piping are exempt from the piping line leak detection requirements in this section; and 4. Underground bulk piping associated with airport hydrant fuel distribution systems and field-constructed tanks must meet one (1) of the following release detection require- A. The requirements in subsection (B) of this section; or B. The alternative release detection requirements in 10 CSR 26-2.047;

C. Underground bulk piping installed after July 1, 2017, must meet the requirements in paragraph 1. or 2. of this subsec- 5. Except that— A. Groundwater monitoring (10 CSR 26-2.043 subsection (l)(G)) will no longer be valid to monitor for releases after July 1, 2020; and B. Vapor monitoring (10 CSR 26- 2.043 subsection (l)(F)) may not be used after July 1, 2020, as a release detection method unless it is used with an added tracer chemical and listed by the National Work Group on Leak Detection Evaluations as a tightness test.

(2) High-throughput Facilities. In addition to the requirements outlined in section (1) of this rule, any owner of a tank or a multi-tank connected or manifolded system that dispenses more than eight hundred thousand (800,000) gallons of any regulated substance in one (1) calendar month must use at least one (1) of the following tank system release detection methods:

(A) Continuous, electronic interstitial monitoring for both tank and piping systems, in accordance with 10 CSR 26-2.043(1)(H), documenting passing readings at least once every thirty (30) days; or (B) Vapor monitoring, including introduced chemical marker monitoring, listed by Evaluations (NWGLDE) for the substance stored at least once every fifteen (15) days. To obtain copies of equipment listings, contact (C) Continuous in-tank release detection, which must include continual reconciliation of tank system inventory. Standard statistical inventory control is not acceptable. The method used must meet criteria established by the National Work Group on Leak Detection Evaluations (NWGLDE) for continuous in-tank leak detection methods. To obtain copies of equipment listings, contact (D) Another method approved by the department specifically for high-throughput UST systems. filed as 10 CSR 20-10.041. Original rule filed

##### **10 CSR 26-2.042** Requirements for Hazardous Substance Underground Storage Tank Systems {#sec-10-csr-26-2.042 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.042}

PURPOSE: This rule outlines the standards for leak detection on hazardous substance (1) Owners and operators of in-use hazardous substance underground storage tank (UST) systems must use a release detection method that meets the requirements of 10 CSR 26- 2.041 and 10 CSR 26-2.043 subsection (1)(H), except for the electronic monitoring requirement in 10 CSR 26-2.043 paragraph (1)(H)2. with approval from the department.

(2) In addition, all in-use hazardous substance USTs must meet the following require- (A) Secondary containment systems must be designed, constructed, and installed to— 1. Contain regulated substances released from the tank system until they are detected and removed;

2. Prevent the release of regulated substances to the environment at any time during the operational life of the UST system; and 3. Be checked for evidence of a release at least every thirty (30) days;

(B) Double-walled tanks must be designed, constructed, and installed to— 1. Contain a release from any portion of the inner tank within the outer wall; and 2. Detect the failure of the inner wall;

(C) External liners (including vaults) must be designed, constructed, and installed to— 1. Contain one hundred percent (100%) of the capacity of the largest tank within its boundary;

2. Prevent the interference of precipitation or groundwater intrusion with the ability to contain or detect a release of regulated substances; and 3. Surround the tank completely (that is, it is capable of preventing lateral as well as vertical migration of regulated substances);

(D) Underground piping must be equipped with secondary containment that satisfies the requirements of subsection (2)(A) of this rule (for example, trench liners, jacketing of double-walled pipe). In addition, underground piping that conveys regulated substances under pressure must be equipped with an automatic line leak detector in 10 CSR 26- 2.044(1)(A); and (E) Other methods of release detection may be used if owners and operators— 1. Demonstrate to the department that an alternative method can detect a release of the stored substance as effectively as any of the methods allowed in 10 CSR 26- 2.043(1)(B)–(I) can detect a release of petroleum;

2. Provide information to the department on effective corrective action technologies, health risks, and chemical and physical properties of the stored substance and the characteristics of the UST site; and 3. Obtain approval from the department to use the alternate release detection method before the installation and operation of the new UST system.

(3) All new or replaced hazardous substance UST systems installed after July 1, 2017, must also comply with the containment sump testing requirements in 10 CSR 26-2.035. filed as 10 CSR 20-10.042. Original rule filed

##### **10 CSR 26-2.043** Methods of Release Detection for Tanks ments that specific underground storage tank leak detection methods must meet. {#sec-10-csr-26-2.043 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.043}

(1) Methods of release detection for underground storage tanks (USTs) used to meet the requirements in 10 CSR 26-2.041 must be conducted as follows:

(A) Inventory Control. Regulated substance inventory control (or another test of equivalent performance) must be conducted monthly to detect a release of at least one percent (1%) of flow through plus one hundred thirty (130) gallons on a monthly basis in the following manner:

1. Inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tank are recorded each operating day on forms provided by the department or on forms previously approved by the department;

2. The equipment used is capable of measuring the level of regulated substance over the full range of the tank’s height to the nearest one-eighth inch (1/8");

3. The regulated substance inputs are reconciled with delivery receipts by measurement of the tank inventory volume before and after delivery;

4. Deliveries are made through a drop tube that extends to within one foot (1') of the tank bottom;

5. Product dispensing is metered and recorded within the local standards for meter calibration or an accuracy of six (6) cubic inches for every five (5) gallons of product withdrawn;

6. The measurement of any water level in the bottom of the tank is made to the nearest one-eighth inch (1/8") at least once a month; and 7. The practices described in the American Petroleum Institute Publication 1621, Recommended Practice for Bulk Liquid Stock Control at Retail Outlets, revised 2001, may be used, where applicable, as guidance in meeting the requirements of this subsec- (B) Statistical Inventory Reconciliation (SIR), which is a statistical inventory analysis method that tests for the loss of a regulated substance. SIR must meet the following 1. Report a quantitative result with a calculated leak rate;

2. Be able to detect a two-tenths (0.2) gallon-per-hour leak rate from any portion of the tank system that routinely contains a regulated substance;

3. Must be conducted for each independent tank system;

4. Be done in conjunction with inventory control that meets the requirements in 10 CSR 26-2.043(1)(A);

5. Use a threshold that does not exceed one-half (1/2) the minimum detectible leak rate;

6. Be conducted in accordance with the National Work Group on Leak Detection Evaluations listing and the manufacturer’s requirements. To obtain copies of equipment listings, contact the National Work Group on Leak Detection Evaluations, www.nwglde.org;

7. The SIR analysis report must include the supporting data, inventory measurements of the regulated substance and water, delivery data, and analysis or reporting date;

(C) Manual Tank Gauging. Manual tank gauging must meet the following require- 1. Tank liquid level measurements are taken at the beginning and ending of a period of at least thirty-six (36) hours during which no liquid is added to or removed from the tank;

2. Level measurements are based on an average of two (2) consecutive stick readings at both the beginning and ending of the period;

3. The equipment used is capable of measuring the level of regulated substance over the full range of the tank’s height to the nearest one-eighth inch (1/8");

4. A leak is suspected and subject to the requirements of 10 CSR 26-2.050–10 CSR 26-2.053 if the variation between beginning and ending measurements exceeds the following weekly or monthly standards:

A. Tanks of five hundred fifty- (550-) gallon capacity or less are allowed a weekly standard of ten (10) gallons per reading and a monthly average of five (5) gallons per reading, with a minimum test duration of thirtysix (36) hours;

B. Five hundred fifty-one to one thousand- (551–1,000-) gallon capacity tanks are allowed a difference of thirteen (13) gallons per week and a monthly average of seven (7) gallons, with a minimum test duration of thirty-six (36) hours, and when combined with a tank tightness test in accordance with subsection (D) of this section;

C. One thousand one to two thousand- (1,001–2,000-) gallon capacity tanks are allowed a difference of twenty-six (26) gallons per week and a monthly average of thirteen (13) gallons, with a minimum test duration of thirty-six (36) hours, and when combined with a tank tightness test in accordance with subsection (D) of this section;

D. Five hundred fifty-one to one thousand- (551–1,000-) gallon capacity tanks with a diameter no greater than sixty-four inches (64") are allowed a difference of nine (9) gallons per week and monthly average of four (4) gallons, provided that a period of at least forty-four (44) hours during which no liquid is added to or removed from the tank is allowed to pass between tank liquid level measurements, without requiring an additional tank tightness test; and E. Five hundred fifty-one to one thousand- (551–1,000-) gallon capacity tanks with a diameter no greater than forty-eight inches (48") are allowed a difference of twelve (12) gallons per week and a monthly average of six (6) gallons, provided that a period of at least fifty-eight (58) hours during which no liquid is added to or removed from the tank is allowed to pass between tank liquid level measurements, without requiring an additional tank tightness test; and F. Tanks of greater than two thousand (2,000) gallons nominal capacity may not use this method for release detection;

(D) Tank Tightness Testing. Tank tightness testing (or similar test) must be capable of detecting a one-tenth- (0.1-) gallon-per-hour leak rate from any portion of the tank that routinely contains regulated substance while accounting for the effects of thermal expansion or contraction of the regulated substance, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table;

(E) Automatic Tank Gauging. Equipment for automatic tank gauging that tests for the loss of regulated substance and conducts inventory control must meet the following 1. The automatic regulated substance level monitor test can detect a two-tenths- (0.2-) gallon-per-hour leak rate from any portion of the tank that routinely contains a regulated substance;

2. The test must be performed with the automatic tank gauging system operating in 20CODE OF STATE REGULATIONS one of the following modes:

A. In-tank static testing conducted at least once every thirty (30) days; or B. Continuous in-tank leak detection operating on an uninterrupted basis or operating within a process that allows the system to gather incremental measurements to determine the leak status of the tank at least once every thirty (30) days; and 3. Inventory control (or equivalent test) meeting the requirements in 10 CSR 26- 2.043(1)(A) is conducted;

(F) Vapor Monitoring. Testing or monitoring for vapors within the soil gas of the excavation zone must meet the following require- 1. The materials used as backfill are sufficiently porous and permeable (for example, gravel, sand, or crushed rock) to readily allow diffusion of vapors from releases into the excavation area;

2. The stored regulated substance, or a tracer compound placed in the tank system, is sufficiently volatile (for example, gasoline) to result in a vapor level that is detectable by the monitoring devices located in the excavation zone in the event of a release from the tank;

3. The measurement of vapors by the monitoring device is not rendered inoperative by the groundwater, rainfall, or soil moisture or other known interferences so that a release could go undetected for more than thirty (30) days;

4. The level of background contamination in the excavation zone will not interfere with the method used to detect releases from the tank;

5. The vapor monitors are designed and operated to detect any significant increase in concentration above background of the regulated substance stored in the tank system, a component(s) of that substance, or a tracer compound placed in the tank system;

6. In the UST excavation zone, the site is assessed to ensure compliance with the requirements in paragraphs (1)(F)1.–4. of this rule and to establish the number and positioning of monitoring wells that will detect releases within the excavation zone from any portion of the tank that routinely contains a regulated substance;

7. Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering; and 8. After July 1, 2020, use a tracer chemical and the method is listed by the National Work Group on Leak Detection Evaluations as a tank tightness test;

(G) Groundwater Monitoring. Testing or monitoring for liquids on the groundwater may only be used as a release detection method until July 1, 2020, and must meet the following requirements:

1. The regulated substance stored is immiscible in water and has a specific gravity of less than one (1);

2. The groundwater is within twenty feet (20') from the ground surface and the hydraulic conductivity of the soil(s) between the UST system and the monitoring wells or devices is at least one hundredth centimeter per second (0.01 cm/sec) (for example, the soil should consist of gravels, coarse to medium sands, coarse silts, or other permeable materials);

3. The slotted portion of the monitoring well casing must be designed to prevent migration of natural soils or filter pack into the well and to allow entry of regulated substance on the water table into the well under both high and low groundwater conditions;

4. Monitoring wells shall be sealed from the ground surface to the top of the filter pack;

5. Monitoring wells or devices shall intercept the excavation zone or are as close to it as is technically feasible;

6. The continuous monitoring devices or manual methods used can detect the presence of at least one-eighth inch (1/8") of free product on top of the groundwater in the monitoring wells;

7. The site is assessed within and immediately below the UST system excavation zone to ensure compliance with the requirements in paragraphs (1)(G)1.–5. of this rule.

The site assessment also establishes the number and positioning of monitoring wells or devices that will detect releases from any portion of the tank that routinely contains a regulated substance; and 8. Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering;

(H) Interstitial Monitoring. Interstitial monitoring must monitor between the walls of a double-walled tank or, for piping, is designed to detect a release from the primary piping, including all fittings, and contain it until it can be detected. The entire piping secondary containment must be leak tight.

Interstitial monitoring must be installed to detect a leak from any portion of the tank that routinely contains a regulated substance and also meets the following requirements:

1. The groundwater, soil moisture, or rainfall will not render the testing or sampling method used inoperative so that a release could go undetected for more than thirty (30) days;

2. For new UST systems installed after July 1, 2017, interstitial monitoring must be conducted electronically by a system with a report-generating capability; and 3. For UST systems using continuous vacuum, pressure, or liquid-filled methods of interstitial monitoring, the method must be capable of detecting a breach in both the inner and outer walls of the tank and/or piping; and (I) Other Methods. Any other type of release detection method, or combination of methods, can be used if— 1. It can detect a two-tenths- (0.2-) gallon-per-hour leak rate or a release of one hundred fifty (150) gallons within a month with a probability of detection of ninety-five percent (95%) and a probability of false alarm of five percent (5%); or 2. The department may approve another method if the owner and operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in subsections (1)(C)–(H) of this rule. In comparing methods, the department shall consider the size of release that the method can detect and the frequency and reliability with which it can be detected. If the method is approved, the owner and operator must comply with any conditions imposed by the department on its use to ensure the protection of human health and the environment.

(2) Owners and operators of field-constructed or airport hydrant fuel distribution system tanks may not use vapor monitoring or groundwater monitoring, described in subsections (F) and (G) of this rule as their sole method of detection, but may use them in conjunction with 10 CSR 26-2.046. filed as 10 CSR 20-10.043. Original rule filed

##### **10 CSR 26-2.044** Methods of Release Detection for Piping ments of leak detection for the piping on (1) Each method of release detection for piping used to meet the requirements of release detection for underground storage tanks (USTs) in 10 CSR 26-2.041 must be conducted in the following manner: {#sec-10-csr-26-2.044 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.044}

(A) Automatic Line Leak Detectors.

Methods which alert the operator to the presence of a leak by restricting or shutting off the flow of regulated substances through piping or triggering an audible or visual alarm may be used only if they detect leaks of three (3) gallons per hour at ten (10) pounds per square-inch line pressure within one (1) hour and are listed by the National Work Group on Leak Detection Evaluations. To obtain copies of equipment listings, contact the National Work Group on Leak Detection Evaluations, www.nwglde.org. A test of the operation of the leak detector must be conducted at least annually. The annual test must be conducted in accordance with the manufacturer’s approved testing procedures and simulate a leak of at least three (3) gallons per hour at ten (10) pounds per square inch pressure, or equivalent, in the system under normal operating conditions.

1. Line leak detectors must monitor all pressurized piping, including pressurized piping beyond the first or master dispenser but not including other piping above the shear valve inside the dispenser or dispenser hoses to the nozzle;

(B) Line Tightness Testing. A periodic test of piping may be conducted only if it can detect a one-tenth- (0.1-) gallon-per-hour leak rate at one and one-half (1.5) times the operating pressure;

(C) Applicable Tank Methods. Any of the methods in 10 CSR 26-2.043(1)(B) and (F)- (I) may be used if they are designed to detect a release from any portion of the underground piping that routinely contains regulated substances except— 1. Owners and operators of piping associated with field-constructed tanks greater than fifty thousand (50,000) gallons or airport hydrant fuel distribution system tanks may comply with 10 CSR 26-2.074 in lieu of the methods of piping leak detection in this

rule; and (D) Emergency Generator Tanks. For a tank that stores fuel solely for use by an emergency generator, or a tank that stores fuel for an emergency generator and heating oil for consumptive use on the premises where stored, interstitial line monitoring with sump sensors, an alarm, and secondary containment may be used on pressurized lines in lieu of the automatic line leak detector, required in 10 CSR 26-2.041 and subsection (1)(A) of this rule. filed as 10 CSR 20-10.044. Original rule filed

##### **10 CSR 26-2.045** Release Detection Record {#sec-10-csr-26-2.045 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.045}

(Moved to 10 CSR 26-2.048)

##### **10 CSR 26-2.046** Alternative Methods of Release Detection for Field-Constructed Tanks options for release detection for the previously deferred field-constructed tanks and airport hydrant fuel distribution systems. {#sec-10-csr-26-2.046 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.046}

(1) Owners and operators of field-constructed tanks with a capacity greater than fifty thousand (50,000) gallons may use one (1) or a combination of the following alternative methods of release detection:

(A) Conduct an annual tank tightness test that can detect a one-half- (0.5-) gallon-perhour leak rate;

(B) Use an automatic tank gauging system to perform release detection at least every thirty (30) days that can detect a leak rate less than or equal to one (1) gallon-per-hour.

This method must be combined with a tank tightness test that can detect a two-tenths- (0.2-) gallon-per-hour leak rate performed at least every three (3) years;

(C) Use an automatic tank gauging system to perform release detection at least every thirty (30) days that can detect a leak rate less than or equal to two (2) gallons-per-hour.

This method must be combined with a bulk tank tightness test that can detect a twotenths- (0.2-) gallon-per-hour leak rate performed at least every two (2) years;

(D) Perform vapor monitoring, with an added tracer chemical, conducted in accordance with 10 CSR 26-2.043 subsection (1)(F), capable of detecting a one-tenth- (0.1-) gallon-per-hour leak rate at least every two (2) years;

(E) Perform inventory control, conducted in accordance with Department of Defense Directive 4140.25; ATA Airport Fuel Facility Operations and Maintenance Guidance Manual,at least every thirty (30) days that can detect a leak equal to or less than onehalf percent (0.5%) of flow-through. When using this method, the following must also be met:

1. Perform a tank tightness test that can detect a one-half- (0.5-) gallon-per-hour leak rate at least every two (2) years; or 2. Perform vapor monitoring or groundwater monitoring in accordance with 10 CSR 26-2.043 subsection (1)(F) or (G), respectively, at least every thirty (30) days; and (F) Another method approved by the department if the owner and operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in subsections (A) through (C) of this section. In comparing methods, the department shall consider the size of release that the method can detect and the frequency and reliability of detection. If the method is approved, the owner and operator must comply with any conditions imposed by the department on its use.

Aug. 15, 2016, effective May 30, 2017.

##### **10 CSR 26-2.047** Alternative Methods of Release Detection for Bulk Underground Piping options for release detection for the previously deferred field-constructed tanks and airport hydrant fuel distribution piping systems. {#sec-10-csr-26-2.047 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.047}

(1) Owners and operators of bulk underground piping associated with any airport hydrant fuel distribution systems and fieldconstructed tanks greater than fifty thousand (>50,000) gallons may use one (1) or a combination of the following alternative methods of release detection:

(A) Perform a biannual or annual bulk line tightness test at or above operating pressure in accordance with the table below. Bulk piping segments greater than or equal to one hundred thousand (≥100,000) gallons not capable of meeting the maximum three (3.0) gallons-per-hour leak rate for the biannual test may be tested at a leak rate up to six (6.0) gallons-per-hour:

22CODE OF STATE REGULATIONS

Maximum Detectable Leak Rate Per Test Section Volume Test Section Volume (Gallons)

Biannual Test Maximum Detectable Leak Rate (Gallons-Per- Hour)

Annual Test Maximum Detectable Leak Rate (Gallons- Per- Hour) < 50,000 1.0 0.5 • 50,000 to < 75,000 1.5 0.75 • 75,000 to < 100,000 2.0 1.0 • 100,000 3.0 1.5 (B) Perform vapor monitoring, with an added tracer chemical, conducted in accordance with 10 CSR 26-2.043(1)(F), capable of detecting a one-tenth- (0.1-) gallon-perhour leak rate at least every two (2) years;

(C) Perform inventory control, conducted in accordance with Department of Defense Directive 4140.25; ATA Airport Fuel Facility Operations and Maintenance Guidance Manual, at least every thirty (30) days that can detect a leak equal to or less than one-half percent (0.5%) of flow-through. When using this method, the following must also be met:

1. Perform a line tightness test in accordance with the biannual test threshold in sub-

section (A) of this section at least every two (2) years; or 2. Perform vapor monitoring or groundwater monitoring in accordance with 10 CSR 26-2.043 subsection (1)(F) or (G), respectively, at least every thirty (30) days;

(D) Another method approved by the department if the owner and operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in subsections (A) through (C). In comparing methods, the department shall consider the size of release that the method can detect and the frequency and reliability of detection. If the method is approved, the owner and operator must comply with any conditions imposed by the department on its use.

Aug. 15, 2016, effective May 30, 2017.

##### **10 CSR 26-2.048** Release Detection Record {#sec-10-csr-26-2.048 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.048}

PURPOSE: This rule describes the records that must be maintained for monthly release detection activity.

(1) All underground storage tank (UST) system owners and operators must maintain records in 10 CSR 26-2.034 demonstrating compliance with applicable release detection requirements in 10 CSR 26-2.040–10 CSR 26-2.048. These records must include the following:

(A) All written performance claims of any release detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or installer, must be retained for five (5) years from the date of equipment installation or for another reasonable period of time determined by the department;

(B) The results of any sampling, testing, or monitoring must be retained for at least one (1) year, or for another reasonable period of time determined by the department, except that— 1. The results of tank tightness testing conducted in accordance with 10 CSR 26- 2.043(1)(D) must be retained until the next test is conducted; and 2. The results of annual operability tests of release detection equipment must be retained until the next test is performed; and (C) Written documentation of all calibration, maintenance, and repair of release detection equipment permanently located onsite must be retained for at least one (1) year after the servicing work is completed. Any schedules of required calibration and maintenance provided by the release detection equipment manufacturer must be retained for five (5) years from the date of installation. filed as 10 CSR 20-10.045. Original rule filed Moved to 10 CSR 26-2.045 and amended:

Filed April 15, 2011, effective Dec. 30, 2011.

Moved to 10 CSR 26-2.048 and amended:

##### **10 CSR 26-2.050** Reporting of Suspected Releases reporting leaks and spills. {#sec-10-csr-26-2.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.050}

(1) Owners and operators of underground storage tank (UST) systems must report to the department within twenty-four (24) hours and follow the procedures for release investigation and confirmation in 10 CSR 26-2.052 upon discovery of one (1) or more of the following conditions:

(A) The discovery by owners and operators or others of released regulated substances at the UST site or in the surrounding area (such as the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface water);

(B) Unusual operating conditions observed by owners and operators (such as the erratic behavior of product dispensing equipment, the sudden loss of a regulated substance from the UST system, an unexplained presence of water in the tank, liquid in the interstitial space of secondarily contained systems, or visible leaks from aboveground piping or ancillary equipment connected to a UST), unless system equipment is found to be defective but not releasing regulated substance from the UST system and is immediately repaired or replaced; or (C) Monitoring results, including investigations of leak alarms, from a release detection method required under 10 CSR 26-2.041 through 10 CSR 26-2.047 that indicate a release may have occurred unless— 1. The monitoring device is found to be defective and is immediately repaired, recalibrated, or replaced and additional monitoring does not confirm the initial result; or 2. The leak alarm was investigated and determined to have been caused by an event other than a release (for example, a power surge or delivery to the tank during release detection testing); or 3. In the case of inventory control, a second month of data does not confirm the initial result.

**History**
- *AUTHORITY: section 319.109, RSMo 2016. This rule originally filed as 10 CSR 20- 10.050. Original rule filed April 2, 1990, effective Sept. 28, 1990. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011. Amended: Filed Aug. 15, 2016, effective May 30, 2017.*

##### **10 CSR 26-2.051** Investigation Due to Off- Site Impacts ments for off-site investigations following reported or suspected releases. {#sec-10-csr-26-2.051 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.051}

(1) When required by the department, owners and operators of underground storage tank (UST) systems must follow the steps for confirmation of a release in 10 CSR 26-2.052 to determine if the UST system is the source of the off-site impacts. These impacts include the discovery of regulated substances such as the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface and drinking waters that have been observed by the department or brought to its attention by another party.

**History**
- *AUTHORITY: section 319.107, RSMo 2000, Supp. 2010. This rule originally filed as 10 CSR 20-10.051. Original rule filed April 2, 24CODE OF STATE REGULATIONS 319.109, RSMo 1989, amended 1995, 2004, 2008; and 319.137, RSMo 1989, amended 1993, 1995, 2004.*

##### **10 CSR 26-2.052** Release Investigation and Confirmation Steps {#sec-10-csr-26-2.052 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.052}

PURPOSE: This rule describes the steps needed to verify a release.

(1) Unless corrective action is initiated in accordance with 10 CSR 26-2.070–10 CSR 26-2.083, owners and operators must immediately investigate and confirm all suspected releases of regulated substances requiring reporting under 10 CSR 26-2.050 within seven (7) days or another reasonable time period specified by the department using either the following steps or another procedure approved by the department:

(A) System Test. Owners and operators must conduct tests appropriate for the suspected release, using tightness tests listed by Evaluations and/or approved by the department, or for containment sumps, a test method included in 10 CSR 26-2.035, to determine whether a leak exists in that portion of the tank system that routinely contains a regulated substance or a breach of the interstitial space has occurred. To obtain copies of equipment listings, contact the National Work Group on Leak Detection Evaluations, www.nwglde.org.

1. If the system test confirms a leak into the interstice or a release, owners and operators must repair, replace, upgrade, or close the underground storage tank (UST) system.

Owners and operators must conduct a site check and comply with subsection (l)(B) if the test results for the system, tank, or delivery piping indicate that a release has occurred.

2. Further investigation is not required if the test results for the system, tank, and delivery piping do not indicate that a release exists and if environmental contamination is not the basis for suspecting a release.

3. Owners and operators must conduct a site check as described in subsection (1)(B) of this rule if the test results for the system, tank, and delivery piping do not indicate that a leak exists but environmental contamination is the basis for suspecting a release; or (B) Site Check. Owners and operators must measure for the presence of a release sent at the UST site. In selecting sample types, sample locations, and measurement methods, owners and operators must consider the nature of the stored substance, the type of initial alarm or cause for suspicion, the type of backfill, the depth of groundwater, and other factors appropriate for identifying the presence and source of the release.

1. If the site check indicates that a release has occurred, owners and operators must begin site characterization and corrective action in accordance with 10 CSR 26- 2.070–10 CSR 26-2.083; or 2. If the results of the site check do not indicate that a release has occurred, the investigation may stop.

(2) Owners and operators shall follow a written procedure. A copy of the written procedure or, if the written procedure is commonly available, a clear reference to the written procedure shall be submitted to and approved by the department prior to beginning activities required by this rule.

rule originally filed as 10 CSR 20-10.052.

Original rule filed April 2, 1990, effective Sept. 28, 1990. Amended: Filed Aug. 3, 1993, effective April 9, 1994. Moved and 1995, 2004, 2008; and 319.137, RSMo 1989, amended

**History**
- *AUTHORITY: sections 319.105, 319.107, 319.109, and 319.137, RSMo 2016. This*

##### **10 CSR 26-2.053** Reporting and Cleanup of Spills and Overfills reporting and cleanup of spills. {#sec-10-csr-26-2.053 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.053}

(1) Owners and operators of underground storage tank (UST) systems must contain and immediately clean up a spill or overfill. The spill or overfill must be reported to the department within twenty-four (24) hours.

Owners and operators must begin site check, in accordance with 10 CSR 26-2.052(1)(B), and corrective action in accordance with 10 CSR 26-2.070–10 CSR 26-2.083 in the following cases:

(A) Spill or overfill of petroleum that results in a release to the environment that exceeds twenty-five (25) gallons or that causes a sheen on nearby surface water; and (B) Spill or overfill of a hazardous substance that results in a release to the environment that equals or exceeds its reportable quantity under Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) (40 CFR 302).

(2) Owners and operators of UST systems must contain and immediately clean up a spill or overfill of petroleum that is less than twenty-five (25) gallons or another reasonable amount specified by the department and a spill or overfill of a hazardous substance that is less than the reportable quantity. If cleanup cannot be accomplished within twenty-four (24) hours, owners and operators must immediately notify the department.

(3) A release of a hazardous substance equal to or in excess of its reportable quantity must also be reported immediately (rather than within twenty-four (24) hours) to the National Response Center under Sections 102 and 103 of CERCLA (40 CFR 302.6) and to appropriate state and local authorities under Title III of the Superfund Amendments and Reauthorization Act of 1986 (40 CFR 355.40).

**History**
- *AUTHORITY: section 319.109, RSMo Supp. 2010. This rule originally filed as 10 CSR 20-10.053. Original rule filed April 2, 1990, effective Sept. 28, 1990. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011.*

##### **10 CSR 26-2.060** Taking USTs Out of Use ments for underground storage tanks that are taken out of service. {#sec-10-csr-26-2.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.060}

(1) When an underground storage tank (UST) system is out of use, as defined in 10 CSR 26- 2.012, the owner and/or operator must continue operation and maintenance of corrosion protection, as described in 10 CSR 26-2.031, and/or interior lining inspection and maintenance, as described in 10 CSR 26-2.021, until the site assessment described in 10 CSR 26-2.062 of this rule has been completed.

Release reporting, investigation, and corrective action, as described in 10 CSR 26- 2.050–10 CSR 26-2.083, must be performed if a release is suspected or confirmed.

(2) Owners and operators must also comply with the following requirements when a UST system is out of use for three (3) months or more:

(A) Leave vent lines open and functioning;

(B) Cap and secure all other lines, pumps, manways, and ancillary equipment.

(3) For a UST that remains out of use, within twelve (12) months of taking the UST system out of use, owners and operators must either— (A) Permanently close the UST system in accordance with 10 CSR 26-2.061–10 CSR 26-2.064; or (B) Complete a site assessment in accordance with 10 CSR 26-2.062.

(4) Within five (5) years of the date on which the UST was initially taken out of use, the owner or operator must permanently close the UST system, as described in 10 CSR 26- 2.061–10 CSR 26-2.064.

(5) To re-open a steel tank system that has been out of use for more than twelve (12) months, the tank owner or operator must— (A) Complete one (1) of the following three (3) options:

1. Ensure that the steel tank is structurally sound, using an integrity test, as defined in 10 CSR 26-2.021, and— A. If cathodically protected, the owner or operator must recertify the cathodic protection system in accordance with the requirements described in 10 CSR 26-2.031;

B. If the tank was internally lined, the owner or operator must ensure that the lining is still functioning as designed and is in compliance with 10 CSR 26-2.021(3)(A);

2. Document that the tank has remained in compliance with the cathodic protection requirements described in 10 CSR 26-2.031;

3. Document that the tank has remained in compliance with the interior lining requirements described in 10 CSR 26-2.021(3)(A);

(B) Conduct line tightness testing and get a passing result; and (C) Ensure that all ancillary equipment is (6) To re-open a fiberglass-reinforced plastic tank system that has been out of use for more than twelve (12) months, the tank owner or operator must— (A) Have the tank and piping recertified by the manufacturer(s); or (B) Provide tank deflection readings, confirming that these readings are within the manufacturer’s allowable range; and (C) Conduct line tightness testing and get a passing result; and (D) Ensure that all ancillary equipment is (7) To re-open a clad steel tank system that has been out of use for more than twelve (12) months, the tank owner or operator must— (A) Have the tank and piping recertified by the manufacturer(s); or (B) Conduct line and tank tightness testing and get a passing result; and (C) Ensure that all ancillary equipment is (8) The department may grant an owner or operator a twelve (12)-month extension to meet the site assessment requirement in section (3) of this rule. The department will consider at least the following criteria when reviewing a request for an extension:

(A) The UST had been in use no more than ten (10) years;

(B) Other USTs remain in use at the site;

(C) The owner or operator demonstrates that his or her financial responsibility mechanism allows additional time in which to report a release from the out-of-use UST and file a claim for that release; and (D) There is no evidence of a suspected or confirmed release.

(9) Owners and/or operators must notify the department within thirty (30) days of any change in use of the tank (including taking the tank out of use or re-opening the tank).

**History**
- *AUTHORITY: sections 319.105, 319.107 and 319.111, RSMo 2000, and section 319.137, as 10 CSR 20-10.070. Original rule filed*

##### **10 CSR 26-2.061** Permanent Closure and Changes in Service ments for permanent closure of underground storage tanks as well as for converting underground storage tanks to an unregulated use. {#sec-10-csr-26-2.061 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.061}

(1) Owners and operators must notify the department in writing, on forms provided by the department, at least thirty (30) days before beginning either permanent closure or a change in service of an underground storage tank (UST), unless this action is in response to corrective action or the department approves a shorter time period. The required assessment of the excavation zone under 10 CSR 26-2.062 must be performed after notifying the department but before completion of the permanent closure or a change in service. The closure notice is valid for one hundred eighty (180) days. If permanent closure or change in service does not commence within one hundred eighty (180) days of the date the notice is received by the department, a new closure notice must be submitted prior to commencing closure activities.

(2) To permanently close a tank, owners and operators must empty and clean it by removing all liquids and accumulated sludges.

Liquids and sludges shall be managed in accordance with state and federal regulations.

All tanks taken out of service permanently must also be either removed from the ground or filled with an inert solid material.

(3) Continued use of a UST system to store a nonregulated substance is a change in service. Before a change in service, owners and operators must empty and clean the tank by removing all liquid and accumulated sludge and conduct a site assessment in accordance with 10 CSR 26-2.062.

(4) Lining a steel tank with a material that is approved as a stand-alone underground storage tank under Underwriters’ Laboratories Standard 1316, revised 2006, is a change in service. This document is incorporated by reference without any later amendments or 272-8800, www.ul.com. Before a change in service, owners and operators must empty and clean the tank by removing all liquid and accumulated sludge and conduct a site assessment in accordance with 10 CSR 26-2.062.

(5) Owners and operators shall follow a written procedure. A copy of the written procedure or, if the written procedure is commonly available, a clear reference to the written procedure shall be submitted to and approved by the department prior to beginning activities required by this rule. It may be supplemented with the following cleaning and closure procedures:

(A) American Petroleum Institute Recommended Practice 1604, Closure of Underground Petroleum Storage Tanks, 8000, www.api.org/standards;

(B) American Petroleum Institute Standard 2015, Safe Entry and Cleaning of Petroleum Storage Tanks, Planning and Managing Tank Entry from Decommissioning through Recommissioning, revised 2001. www.api.org/standards;

(C) American Petroleum Institute Standard 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks, 8000, www.api.org/standards; and (D) Owners and operators may use other written procedures with prior written approval of the department. 319.111, RSMo 2000, and section 319.137, as 10 CSR 20-10.071. Original rule filed April 2, 1990, effective Sept. 28, 1990. Amended:

Filed Aug. 3, 1993, effective April 9, 1994.

Amended: Filed April 1, 1999, effective March 30, 2000. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011.

##### **10 CSR 26-2.062** Assessing the Site at Closure or Change in Service ments of a site assessment to determine whether there has been a release from the underground storage tank system. {#sec-10-csr-26-2.062 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.062}

(1) Before permanent closure or a change in service is completed, owners and operators must measure for the presence of a release sent at the underground storage tank (UST)

site. In selecting sample types, sample locations, and measurement methods, owners and operators must consider the method of closure, the nature of the stored substance, the type of backfill, the depth to groundwater, and other factors appropriate for identifying the presence of a release.

(2) If one (1) or more contaminants in soil or groundwater at concentrations above the default target levels in Table 3-1 of the guidance referenced at subsection (3)(A) of this

rule or free product as a liquid or vapor is discovered under section (1) of this rule, or by any other manner, owners and operators must begin site investigation and corrective action in 10 CSR 26-2.070–10 CSR 26- 2.083.

(3) Owners and operators shall follow a writ- (A)

To comply with this rule, owners and operators may use the Missouri Risk-Based Corrective Action Process for Petroleum Storage Tanks guidance document, October 17, 2013, which is hereby incorporated by reference without any subsequent amendments or additions, and is published by the Department of Natural Resources, PO Box 176, Jefferson City, MO 65102-0176.

(B) Other written procedures may be used with prior written approval of the departand section 319.137, RSMo Supp. 2013.* This rule originally filed as 10 CSR 20- 10.072. Original rule filed April 2, 1990, effective Sept. 28, 1990. Amended: Filed Aug. 3, 1993, effective April 9, 1994. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011. Amended: Filed June 17, 2013, effective Feb. 28, 2014. *Original authority: 319.111, RSMo 1989 and 319.137,

##### **10 CSR 26-2.063** Applicability to Previously Closed Underground Storage Tank {#sec-10-csr-26-2.063 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.063}

PURPOSE: This rule describes the responsibilities of owners and operators of underground storage tanks closed before December 22, 1988.

(1) The department may require that the owner and operator of an underground storage tank (UST) system permanently closed before December 22, 1988, must assess the excavation zone and close the UST system in accordance with 10 CSR 26-2.060–10 CSR 26-2.064 if releases from the UST, in the judgment of the department, may pose a current or potential threat to human health and the environment.

Supp. 2010.* This rule originally filed as 10 CSR 20-10.073. Original rule filed April 2, 2004, 2008; 319.111, RSMo 1989; and 319.137, RSMo 1989, amended 1993, 1995, 2004.

##### **10 CSR 26-2.064** Closure Records {#sec-10-csr-26-2.064 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.064}

PURPOSE: This rule requires the owner and the operator to keep records documenting the closure and site assessment of underground storage tank systems.

(1) Owners and operators must maintain records in accordance with 10 CSR 26-2.034 that are capable of demonstrating compliance with closure requirements in 10 CSR 26- 2.060–10 CSR 26-2.064. The results of the site assessment in 10 CSR 26-2.062 must be maintained for at least three (3) years after completion of permanent closure or change in service in one (1) of the following ways:

(A) By the owners and operators who took the underground storage tank (UST) system out of service;

(B) By the current owners and operators of the UST system site; or (C) By mailing these records to the department if they cannot be maintained at the closed facility.

**History**
- *AUTHORITY: sections 319.107 and 319.111, RSMo 2000, and section 319.137, RSMo Supp. 2010. This rule originally filed as 10 CSR 20-10.074. Original rule filed April 2, 319.111, RSMo 1989; and 319.137, RSMo 1989, amended 26CODE OF STATE REGULATIONS*

##### **10 CSR 26-2.070** Release Response and Corrective Action {#sec-10-csr-26-2.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.070}

PURPOSE: This rule establishes general procedures for responding to leaks of spills at (1) Owners and operators of petroleum or hazardous substance underground storage tank (UST) systems must comply, in response to a confirmed release from the UST system, with the requirements of 10 CSR 26-2.070–

##### **10 CSR 26-2.083** except for USTs excluded under 10 CSR 26-2.010(2) and UST systems subject to the Resource Conservation and Recovery Act (RCRA), Subtitle C corrective action requirements under Section 3004(u). as 10 CSR 20-10.060. Original rule filed {#sec-10-csr-26-2.083 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.083}

##### **10 CSR 26-2.071** Initial Release Response and Corrective Action {#sec-10-csr-26-2.071 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.071}

PURPOSE: This rule describes the immediate steps owners and operators of a leaking underground storage tank must take.

(1) Upon confirmation of a release in 10 CSR 26-2.052, or after a release from the underground storage tank (UST) system is identified in any other manner, owners and operators must perform the following initial response actions within twenty-four (24) hours:

(A) Report the release to the department in accordance with 10 CSR 26-2.050;

(B) Take immediate action to prevent any further release of the regulated substance into the environment; and (C) Identify and mitigate fire, explosion, and vapor hazards.

Filed April 15, 2011, effective Dec. 30, 2011.

**History**
- *AUTHORITY: section 319.109, RSMo Supp. 2010. This rule originally filed as 10 CSR 20- 10.061. Original rule filed April 2, 1990, effective Sept. 28, 1990. Moved and amend ed:*

##### **10 CSR 26-2.072** Initial Abatement Measures and Investigation {#sec-10-csr-26-2.072 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.072}

PURPOSE: This rule describes the first steps to stop the spread of the release and finding the extent of the release.

(1) Unless directed to do otherwise by the department, owners and operators must perform the following abatement measures upon confirmation of a release:

(A) Remove as much of the regulated substance from the underground storage tank (UST) system as is necessary to prevent further release to the environment;

(B) Visually inspect any above-ground releases or exposed below-ground releases and prevent further migration of the released substance into surrounding soils and ground- (C) Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the UST excavation zone and entered into subsurface structures such as sewers or basements;

(D) Remedy hazards posed by contaminated soils that are excavated or exposed as a result of release confirmation, site investigation, abatement or corrective action activities. If these remedies include treatment or disposal of soils, the owner and operator must comply with applicable state and local requirements;

(E) Measure for the presence of a release sent at the UST site, unless the presence and source of the release have been confirmed in accordance with the site check required by 10 CSR 26-2.052(1)(B) or the closure site assessment of 10 CSR 26-2.062. In selecting sample types, sample locations, and measurement methods, the owner and operator must consider the nature of the stored substance, the type of backfill, depth to groundwater, and other factors as appropriate for identifying the presence and source of the release;

(F) Investigate to determine the possible presence of free product and begin free product removal as soon as practicable in accordance with 10 CSR 26-2.075.

(2) Within twenty (20) days after release confirmation, owners and operators must submit a report to the department summarizing the initial abatement steps taken under section (1) of this rule and any resulting information. as 10 CSR 20-10.062. Original rule filed

##### **10 CSR 26-2.074** Initial Site Characterization investigation of a release. {#sec-10-csr-26-2.074 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.074}

(1) Unless directed to do otherwise by the department, owners and operators must assemble information about the site and the nature of the release, including information gained while confirming the release or completing the initial abatement measures in 10 CSR 26-2.070, 10 CSR 26-2.071, and 10 CSR 26-2.072. This information must include, but is not necessarily limited to, the following:

(A) Data on the nature and estimated quantity of release;

(B) Data from available sources or site investigations concerning the following factors: surrounding populations, water quality, use and approximate locations of wells potentially affected by the release, subsurface soil conditions, locations of subsurface sewers, climatological conditions, and land use;

(C) Results of the site check required under 10 CSR 26-2.072(1)(E); and (D) Results of the free product investigations required under 10 CSR 26-2.072(1)(F) to be used by owners and operators to determine whether free product must be recovered under 10 CSR 26-2.075.

(2) Within forty-five (45) days of release confirmation, owners and operators must submit the information collected in compliance with

section (1) of this rule to the department or in a format and according to the schedule required by the department. as 10 CSR 20-10.063. Original rule filed

##### **10 CSR 26-2.075** Free-Product Removal {#sec-10-csr-26-2.075 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.075}

PURPOSE: This rule requires spilled, free product to be collected immediately.

(1) At sites where the investigation reveals free product under 10 CSR 26-2.072(1)(F), owners and operators must remove as much free product as practicable as determined by the department. Any actions initiated under 10 CSR 26-2.071–10 CSR 26-2.074 or preparation for actions required under 10 CSR 26-2.078–10 CSR 26-2.082 must also be continued. In meeting the requirements of this rule, owners and operators must— (A) Remove free product to minimize the spread of contamination into previously uncontaminated zones. The recovery and disposal techniques must be appropriate to the hydrogeologic conditions at the site.

Recovered by-products must be treated, discharged or disposed in compliance with applicable local, state and federal regulations;

(B) Use abatement of free-product migration as a minimum objective for free product removal;

(C) Handle any flammable products in a safe and competent manner to prevent fires or explosions; and (D) Prepare and submit to the department a free-product removal report, within fortyfive (45) days after confirming a release, unless otherwise directed by the department.

The report shall provide at least the following information:

1. The name of the person(s) responsible for implementing the free product removal measures;

2. The estimated quantity, type and thickness of free product observed or measured in wells, boreholes, and excavations;

3. The type of free-product recovery system used;

4. Whether any discharge will take place on-site or off-site during the recovery operation and the location of this discharge;

5. The type of treatment applied to, and the effluent quality expected from, any discharge;

6. The steps that have been or are being taken to obtain necessary permits for any discharge; and 7. The disposition of the recovered free product. as 10 CSR 20-10.064. Original rule filed

##### **10 CSR 26-2.078** Investigations for Soil and Groundwater Cleanup {#sec-10-csr-26-2.078 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.078}

PURPOSE: This rule describes the procedures for soil and groundwater investigations.

(1) Owners and operators must conduct investigations of the release, the release site, and the surrounding area to determine the full extent and location of soils contaminated by the release and the presence and concentrations of dissolved product contamination in the groundwater if any of the following conditions exist:

(A) There is evidence that groundwater wells have been affected by the release (for example, as found during release confirmation or previous corrective action measures);

(B) Free product is found to need recovery in compliance with 10 CSR 26-2.075;

(C) There is evidence that contaminated soils may be in contact with groundwater as found during the initial response measures or investigations required under 10 CSR 26- 2.070–10 CSR 26-2.075;

(D) Contaminant concentrations in soil or groundwater exceed the Default Target Levels in Table 3-1 of the guidance referenced at paragraph (3)(C)1. of this rule; or (E) The department requests an investigation based on the potential effects of contaminated soil or groundwater on nearby surface and groundwater resources.

(2) Owners and operators must submit the information collected under section (1) of this

rule as soon as practicable or in accordance with a schedule established by the depart- (3) Owners and operators shall follow a writ- (A) For releases that occurred or were discovered on or after the effective date of this

rule, owners and operators shall use the document referenced at paragraph (3)(C)1. of this rule or, with prior written approval of the (B) For releases that occurred or were discovered prior to the effective date of this rule, owners and operators may use— 1. The documents referenced at paragraph (3)(C)2. of this rule, provided— A. Prior to the effective date of this

rule, the owner or operator received the department’s written approval of a work plan for site characterization, risk assessment, or corrective action related to the release; and B. The owner or operator implements or implemented the approved work plan within one (1) year of the date of the department’s approval of the plan or in accordance with a different schedule approved by the department;

2. The document referenced at paragraph (3)(C)1. of this rule; or 3. With the prior written approval of the (C) Written Procedures.

1. Missouri Risk-Based Corrective Action Process for Petroleum Storage Tanks guidance document, October 17, 2013, which is hereby incorporated by reference without any subsequent amendments or additions, and is published by the Department of Natural Resources, PO Box 176, Jefferson City, MO 65102-0176.

2. Missouri Risk-Based Corrective Action Process for Petroleum Storage Tanks, February 2004, as amended March 8, 2005, by Notice of Modifications to the Process and Interim Guidance Pertaining to Application of the New Soil Type Dependent Tier 1 Risk-Based Target Levels; the March 18, 2005, Soil Type Determination Guidelines; the March 3, 2005, Table 3-1 Default Target Levels; the April 2005 Table 4-1 Soil Concentration Levels to Determine the Need for Groundwater Evaluation During Tank Closure; the February 2005 Tables 7-1(a) through 7-12(c) Tier 1 Risk-Based Target Levels; and the April 21, 2005, Soil Gas Sampling Protocol, which are hereby incor porated by reference without any subsequent amendments or additions, and are published by the Department of Natural Resources, PO Box 176, Jefferson City, MO 65102-0176.

RSMo Supp. 2013.* This rule originally filed as 10 CSR 20-10.065. Original rule filed Filed June 17, 2013, effective Feb. 28, 2014.

28CODE OF STATE REGULATIONS

##### **10 CSR 26-2.080** Risk-Based Target Levels {#sec-10-csr-26-2.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.080}

PURPOSE: This rule sets clean-up levels for underground storage tank corrective actions and for site assessment, site characterization, and workplan development, which are all stages in developing clean-up levels. The rule also sets deed notice language to assure that the site is not used in a manner which would pose unacceptable risk or exposure. The rule requires that sites be ranked and that the ranking be used to allocate staff and funds.

(1) Applicability. This rule applies to all cleanups of petroleum releases from underground storage tanks (USTs).

(2) Upon being so directed by the department, the UST remediator shall conduct a preliminary assessment of the site.

(A) The requirement for a preliminary assessment is waived if permanent closure is being conducted, or significant contamination is known to exist at the site, and the department has been notified of a release as required in 10 CSR 24-3.010(1).

(B)The preliminary assessment shall be conducted according to department guidance.

(3) The department will evaluate the results of the preliminary assessment to rank the site relative to other sites for further characterization and/or corrective action.

(A) If the preliminary assessment shows contamination levels below the action levels outlined in the department’s underground storage tank closure guidance document, the department will require no further action at the site.

(B) If, in accordance with subsection (3)(A) of this rule, the department determines that no further action is required at a site, and if subsequent information becomes available to indicate that contamination may be present at the site at levels which may threaten human health or the environment, the department may require additional investigation or site characterization and/or corrective action.

(4) If full site characterization is required by the department, due to known contamination or in accordance with subsection (3)(B) of this rule, the UST remediator shall conduct the site characterization according to department guidance.

(5) The department will review the site characterization and rank the site relative to other sites based on site conditions as reflected in the site characterization and the potential risk to human health and/or the environment.

(A) The rank assigned to the site will be used to prioritize department actions including, but not limited to review of documents, pre-approval of costs and reinbursement of costs, in regard to the site.

(B) The department will not require further action at sites that the department deems not to pose a risk to human health and/or the environment, unless there is a change in known conditions at the site that would upgrade its priority, as determined by the department.

(6) Except as provided in section (8) of this

rule, site clean-up objectives will be set as follows:

(A) Site clean-up objectives for the cleanup of petroleum released from underground storage tanks will be set by using the scoring matrix and the groundwater clean-up standards as outlined in the department’s underground storage tank closure guidance docu- (B) (Reserved)(Note: The soil scoring matrix is a site-specific risk-based method which accounts for future land use and other considerations. Upon further development and review, this method or another which also meets statutory requirements, will be set forth in this section.)

(7) Site clean-up objectives and workplans are subject to approval by the department.

Such approval must be granted in writing prior to implementation of the workplan.

(8) For all sites which are cleaned up to meet levels less stringent than (higher than) those set according to section (6) of this rule, the UST remediator shall file a document in the chain of title of the property. The document shall state that the contaminant levels were deemed acceptable by the department, based on the land use and other considerations, at the time of cleanup.

(A) If the UST remediator is a person other than the landowner, the UST remediator shall provide a copy of the document which is to be filed in the chain of title for the property, by certified mail to the landowner.

(B) The language of the document to be filed in the chain of title shall include the following:

NOTICE OF ACCEPTABLE LAND

USE(S) OF UNDERGROUND STORAGE

TANK SITE

Owner of Record: (Landowner’s Name)

Site Description: (Site Name and Legal Description)

The above-described real property, owned by (Landowner’s Name) and located in the County of (County Name) and State of Missouri, is the site of an underground storage tank which was (Removed/Closed) on (Date). The site cleanup was accepted as complete by the Missouri Department of Natural Resources on (Date), in accordance with the applicable requirements of Title 10, Division 25, Chapters 10 through 12 of the Code of State Regulationswhich were in effect at the time of cleanup. The contaminant levels remaining on the site are suitable for (Commercial/Light Industrial/Heavy Industrial/ Other Specified) use.

In witness whereof I hereunto set my hand this _____ day of ___, 19___.

(Office)

(Name)

(Title)

(C) No person may substantially change the manner in which a site with a document filed in the chain of title under this section is used without the prior written approval of the director or the director’s designee.

1. Requests for approval of change in use of real property must be submitted in writing to the director’s office no less than sixty (60) days prior to the planned change in use of real property. In the event the director does not respond within sixty (60) days after the request is received, the request will be considered to be approved as submitted.

2. The director will evaluate the request to determine whether the change in use of real property is likely to result in increased exposure of persons or the environment or spread of contamination.

3. If the change in use of real property is not likely to result in increased exposure of persons or the environment or spread of contamination, the director shall provide written approval.

(D) When the director finds that a site which has had a document filed in the chain of title under this section has been further cleaned up to meet or exceed (lower levels than) the standards described in section (6) of this rule, the director shall direct the UST remediator to file a second document in the chain of title. The document shall include the language in subsection (8)(B) of this rule, and shall describe the land uses for which the new contaminant levels are suitable.

Supp. 2010.* This rule originally filed as 10 CSR 20-10.068. Original rule filed Jan. 2, 1996, effective Aug. 30, 1996. Amended:

Filed Jan. 14, 1997, effective Sept. 30, 1997. 2004, 2008; 319.111, RSMo 1989; and 319.137, RSMo 1989, amended 1993, 1995, 2004.

##### **10 CSR 26-2.082** Corrective Action Plan {#sec-10-csr-26-2.082 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.082}

PURPOSE: This rule lists the requirements for corrective action plans for cleanup of releases from underground storage tank sites.

(1) Owners and operators are responsible for submitting a plan that provides for adequate protection of human health and the environment, as determined by the department, after fulfilling the requirements for release reporting and investigation in 10 CSR 26-2.071–10 CSR 26-2.074. Owners and operators must modify their plan as necessary to meet this standard.

(A) The department may require owners and operators to submit additional information or to develop and submit a corrective action plan for responding to contaminated soils and groundwater at any point after reviewing the information submitted for release reporting and investigation in 10 CSR 26-2.071–10 CSR 26-2.074. If a plan is required, owners and operators must submit the plan according to a schedule and format established by the department.

(B) Owners and operators may choose to submit a corrective action plan for respond ing to contaminated soil and groundwater after fulfilling the requirements of 10 CSR 26- 2.071–10 CSR 26-2.074.

(2) The department will approve the corrective action plan only after ensuring that implementation of the plan will adequately protect human health and safety and the environment. In making this determination the department should consider the following factors as appropriate:

(A) The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migra- (B) The hydrogeologic characteristics of the facility and the surrounding area;

(C) The proximity, quality, and current and future uses of nearby surface and ground (D) The potential effects of residual contamination on nearby surface and ground (E) An exposure assessment; and (F) Any information assembled in 10 CSR 26-2.070–10 CSR 26-2.083.

(3) Upon approval of the corrective action plan, or as directed by the department, owners and operators must implement the plan including modifications to the plan made by the department. Owners and operators must monitor, evaluate, and report the results of implementing the plan in accordance with a schedule and in a format established by the department.

(4) Owners and operators, in the interest of minimizing environmental contamination and promoting more effective clean-up, may begin clean-up of soil and groundwater before the corrective action plan is approved provided that they— (A) Notify the department of their intention to begin clean-up;

(B) Comply with any conditions imposed by the department, including halting clean-up or mitigating adverse consequences from clean-up activities; and (C) Incorporate these self-initiated cleanup measures in the corrective action plan that is submitted to the department for approval.

(5) Owners and operators shall follow a writ- (A) For releases that occurred or were discovered on or after the effective date of this

rule, owners and operators shall use the document referenced at paragraph (5)(C)1. of this rule or, with prior written approval of the (B) For releases that occurred or were discovered prior to the effective date of this rule, owners and operators may use— 1. The documents referenced at paragraph (5)(C)2. of this rule, provided— A. Prior to the effective date of this

rule, the owner or operator received the department’s written approval of a work plan for site characterization, risk assessment, or corrective action related to the release; and B. The owner or operator implements or implemented the approved work plan within one (1) year of the date of the department’s approval of the plan or in accordance with a different schedule approved by the department;

2. The document referenced at paragraph (5)(C)1. of this rule; or 3. With the prior written approval of the (C) Written Procedures.

1. Missouri Risk-Based Corrective Action Process for Petroleum Storage Tanks guidance document, October 17, 2013, which is hereby incorporated by reference without any subsequent amendments or additions, and is published by the Department of Natural Resources, PO Box 176, Jefferson City, MO 65102-0176.

2. Missouri Risk-Based Corrective Action Process for Petroleum Storage Tanks, February 2004, as amended March 8, 2005, by Notice of Modifications to the Process and Interim Guidance Pertaining to Application of the New Soil Type Dependent Tier 1 Risk- Based Target Levels; the March 18, 2005, Soil Type Determination Guidelines; the March 3, 2005, Table 3-1 Default Target Levels; the April 2005 Table 4-1 Soil Concentration Levels to Determine the Need for Groundwater Evaluation During Tank Closure; the February 2005 Tables 7-1(a) through 7-12(c) Tier 1 Risk-Based Target Levels; and the April 21, 2005, Soil Gas Sampling Protocol, which are hereby incorporated by reference without any subsequent amendments or additions, and are published by the Department of Natural Resources, PO Box 176, Jefferson City, MO 65102-0176.

RSMo Supp. 2013.* This rule originally filed as 10 CSR 20-10.066. Original rule filed Filed June 17, 2013, effective Feb. 28, 2014.

##### **10 CSR 26-2.083** Public Participation {#sec-10-csr-26-2.083 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-2.083}

PURPOSE: This rule establishes procedures for public participation during corrective action plans.

(1) For each confirmed release that requires a corrective action plan, the department must provide notice to the public by means 30CODE OF STATE REGULATIONS designed to reach those members of the public directly affected by the release and the planned corrective action. This notice may include, but is not limited to, public notice in local newspapers, block advertisements, public service announcements, publication in a state register, letters to individual households or personal contacts by field staff.

(2) Site release information and decisions by the department concerning the corrective action plan are available to the public for inspection upon request.

(3) Before approving any corrective action plan, the department may hold a public meeting to consider comments on the proposed corrective action plan if there is sufficient public interest or for any other reason.

(4) The department must give public notice in

section (1) of this rule if implementation of an approved corrective action plan does not achieve the established clean-up levels in the plan and termination of that plan is under consideration by the department. as 10 CSR 20-10.067. Original rule filed

### **Chapter 3** Underground Storage Tanks - Financial Responsibility

##### **10 CSR 26-3.090** Applicability {#sec-10-csr-26-3.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.090}

PURPOSE: This rule identifies those persons required to obtain financial responsibility for releases of products from petroleum underground storage tanks.

(1) Rules 10 CSR 26-3.090–10 CSR 26- 3.115 apply to owners and operators of all petroleum underground storage tank (UST) systems except as otherwise provided in this (2) Owners and operators of petroleum UST systems are subject to these requirements immediately upon bringing a new underground storage tank system in operation. All tank systems that are in use are subject to these requirements.

(3) State and federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States are exempt from the requirements of 10 CSR 26- 3.090–10 CSR 26-3.115.

(4) The requirements of 10 CSR 26-3.090–10 CSR 26-3.115 do not apply to owners and operators of any deferred or excluded UST system described in 10 CSR 26-2.010(2) or (3).

(5) If the owner and operator of a petroleum UST are separate persons, only one (1) person is required to demonstrate financial responsibility; however, both parties are liable in the event of noncompliance. 11.090. Original rule filed Feb. 7, 1991, 3, 1993, effective April 9, 1994. Moved and

##### **10 CSR 26-3.092** Definitions of Financial Responsibility Terms {#sec-10-csr-26-3.092 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.092}

PURPOSE: This rule defines specific terms used in this chapter.

(1) The definitions set forth in 40 CFR 280.92, July 1, 1998, are incorporated by reference, subject to the following additions, modifications, substitutions, or deletions.

(A) The definitions set forth in this rule apply to terms when used in 10 CSR 26- 3.090–10 CSR 26-3.115. In addition, the definitions in 10 CSR 26-2.012 apply to the terms used in this chapter unless defined otherwise in this rule or in the rule in which the term is used. Modifications and additions to specific definitions are— 1. The definition for “Director of the Implementing Agency” in 40 CFR 280.92, is not incorporated in this rule;

2. At the end of the definition of “Financial Reporting Year” in 40 CFR 280.92, as incorporated in this rule, add the following sentence: “Financial reporting year may comprise a fiscal or calendar year period”;

3. In the definition of “provider of financial assurance” in 40 CFR 280.92, as incorporated into this rule, substitute “10 CSR 26-3.095–10 CSR 26-3.103” for “section 280.95–280.103,” delete “issuer of a state-required mechanism,” and substitute “the Petroleum Storage Tank Insurance Fund” for “a state”; and 4. In the definition of “termination” in 40 CFR 280.92, as incorporated into this

rule, substitute “in 10 CSR 26-3.097(2)” for “under section 260.97(b)(1).”

(2) Missouri Specific Definitions. This section sets forth definitions which add to those in 40 CFR 280.92, as incorporated in this (A) “Director” shall mean the director of the Department of Natural Resources. For purposes of compliance, financial responsibility instruments submitted to the department may also name the directors of other state UST programs as well as regional administrators of the Environmental Protection Agency (EPA).

(B) “EPA” means the United States Environmental Protection Agency.

(C) “Implementing agency” means the Department of Natural Resources. 11.092. Original rule filed Feb. 7, 1991, 3, 1993, effective April 9, 1994. Amended:

Amended: Filed April 1, 1999, effective March 30, 2000. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011.

##### **10 CSR 26-3.093** Amount and Scope of Required Financial Responsibility {#sec-10-csr-26-3.093 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.093}

PURPOSE: This rule establishes the amount of the required financial responsibility.

(1) Owners or operators of petroleum underground storage tanks (USTs) shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage operation of petroleum USTs in at least the following per occurrence amounts:

(A) One (1) million dollars for owners or operators of petroleum USTs that are located at petroleum marketing facilities or that handle an average of more than ten thousand (10,000) gallons of petroleum per month based on annual throughput for the previous calendar year; or (B) Five hundred thousand dollars ($500,000) for all other owners or operators of petroleum USTs.

(2) Owners or operators of petroleum USTs must demonstrate financial responsibility for from the operation of petroleum USTs in at least the following annual aggregate amounts:

(A) One (1) million dollars for owners or operators of one to one hundred (1—100) petroleum USTs; and (B) Two (2) million dollars for owners or operators of one hundred one (101) or more petroleum USTs.

(3) For the purposes of sections (2) and (6) of this rule, a petroleum UST means a single containment unit and does not mean combinations of single containment units.

(4) Except as provided in section (5) of this

rule, the amount of assurance provided by each mechanism or combination of mechanisms must be in the full amount specified in sections (1) and (2) of this rule if the owner or operator uses separate mechanisms or separate combinations of mechanisms to demonstrate financial responsibility for— (A) Taking corrective action;

(B) Compensating third parties for bodily injury and property damage caused by sudden accidental releases; or (C) Compensating third parties for bodily injury and property damage caused by nonsudden accidental releases.

(5) If an owner or operator uses separate mechanisms or separate combinations of mechanisms to demonstrate financial responsibility for different petroleum USTs, the annual aggregate required shall be based on the number of tanks covered by each separate mechanism or combination of mechanisms.

(6) Owners or operators shall review the amount of aggregate assurance provided whenever additional petroleum USTs are acquired or installed and shall revise their financial responsibility to comply with the following:

(A) If the number of petroleum USTs for which assurance must be provided exceeds one hundred (100), the owner or operator shall demonstrate financial responsibility in the amount of at least two (2) million dollars of annual aggregate assurance by the anniversary of the date on which the mechanism demonstrating financial responsibility became effective; and (B) If assurance is being demonstrated by a combination of mechanisms to meet the requirements of section (6), the owner or operator shall demonstrate financial responsibility in the amount of at least two (2) million dollars of annual aggregate assurance by the first occurring effective date anniversary of any one (1) of the mechanisms combined (other than a financial test or guarantee) to provide assurance.

(7) The amounts of assurance required under this rule exclude legal defense costs.

(8) The required per occurrence and annual aggregate coverage amounts do not in any way limit the liability of the owner or operator. 11.093. Original rule filed Feb. 7, 1991,

##### **10 CSR 26-3.094** Allowable Mechanisms and Combinations of Mechanisms {#sec-10-csr-26-3.094 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.094}

PURPOSE: This rule outlines the methods allowed for demonstrating financial responsibility for releases from petroleum underground storage tanks.

(1) Subject to the limitations of sections (2) and (3) of this rule— (A) An owner or operator, including a local government owner or operator, may use any one (1) or combination of the mechanisms listed in 10 CSR 26-3.095–10 CSR 26- 3.103 to demonstrate financial responsibility under 10 CSR 26-3.090–10 CSR 26-3.115 for one (1) or more underground storage tanks (USTs); provided, that the total scope and amounts assured meet the requirements of 10 CSR 26-3.093; and (B) A local government owner or operator may use any one (1) or combination of the mechanisms listed in 10 CSR 26-3.112–10 CSR 26-3.115 to demonstrate financial responsibility under 10 CSR 26-3.090–10 CSR 26-3.115 for one (1) or more USTs; provided, that the total scope and amounts assured meet the requirements of 10 CSR 26- 3.093.

(2) An owner or operator may use self-insurance to meet any deductible or co-pay portions of either insurance or risk retention group coverage under 10 CSR 26-3.097 or Petroleum Storage Tank Insurance Fund under 10 CSR 26-3.101; provided, that— (A) The deductible and co-pay amounts do not exceed fifty thousand dollars ($50,000);

(B) The owner or operator shall have a letter signed by the chief financial officer worded as specified in 10 CSR 26-3.095(4); and (C) The answer(s) to Form 1, included herein, Alternative I, line 8 or Alternative II, lines 9 and 15 is (are): yes—except that a current rating of the most recent bond issue by Standard and Poor’s of AAA, AA, A, or BBB or Moody’s of Aaa, Aa, A, or Ba may be substituted for the line 15 response.

(3) An owner or operator may use self-insurance in combination with a guarantee only if, for the purpose of meeting the requirements of the financial test under this rule, the financial statements of the owner or operator are not consolidated with the financial statements of the guarantor.

4CODE OF STATE REGULATIONS

Wording of Financial Assurance Instruments Form 1—Letter from Chief Financial Officer The following text should be used to comply with the requirements of 10 CSR 26-3.095(4) as follows, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted:

I am the chief financial officer of [insert name and address of the owner or operator or guarantor]. This letter is in support of the use of [insert “the financial test of self insurance” and/or “guarantee”] to demonstrate financial responsibility for [insert “taking corrective action” and/or “compensating third parties for bodily injury and property damage”] caused by [insert “sudden accidental releases” and/or “non-sudden accidental releases”] in the amount of at least $[insert dollar amount] per occurrence and $[insert dollar amount] annual aggregate arising from operating (an) underground storage tank(s).

Underground storage tanks at the following facilities are assured by this financial test by this [insert “owner or operator” and/or “guarantor”]: [List for each facility: the name and address of the facility where tanks assured by this financial test are located and whether tanks are assured by this financial test by the tank identification number provided in the notification submitted pursuant to 10 CSR 26-2.022].

A [insert “financial test” and/or “guarantee”] is also used by this [insert “owner or operator” or “guarantor”] to demonstrate financial responsibility in the following amounts under other EPA regulations or state programs authorized by EPA under 40 CFR parts 271 and 145:

Federal Rules Closure (264.143 and 265.143)$ Post-Closure Care (264.145 and 265.145)$ Liability Coverage (264.147 and 265.147)$ Corrective Action (264.101(b))$ Plugging and Abandonment (144.63)$ Closure$ Post-Closure Care$ Liability Coverage$ Corrective Action$ Plugging and Abandonment$ Total$ This [insert “owner or operator” or “guarantor”] has not received an adverse opinion, a disclaimer of opinion or a “going concern” qualification from an independent auditor on his/her financial statements for the latest completed fiscal year. [Fill in the information for Alternative I if the criteria of 10 CSR 26-3.095(2) are being used to demonstrate compliance with the financial test requirements. Fill in the information for Alternative II if the criteria of 10 CSR 26-3.095(3) are being used to demonstrate compliance with the financial test requirements.]

Alternative I 1. Amount of annual UST aggregate coverage being assured by a financial test or guarantee$ 2. Amount of corrective action, closure and post-closure care costs, liability coverage, and plugging and abandonment costs covered by a financial test or guarantee$ 3. Sum of lines one and two$ 4. Total tangible assets$ 5. Total liabilities (if any of the amount reported on line three is included in total liabilities, you may deduct that amount from this line and add that amount to line six)$ 6. Tangible net worth (subtract line five from line four)$ 7. Is line six at least ten (10) million dollars?__Yes __ No 8. Is line six at least ten (10) times line three?__Yes __ No 9. Have financial statements for the latest fiscal year been filed with the Securities and Exchange Commission? __Yes __ No 10. Have financial statements for the latest fiscal year been filed with the Energy Information Administration?__Yes __ No 11. Have financial statements for the latest fiscal year been filed with the Rural Electrification Administration?__Yes __ No 12. Has financial information been provided to Dunn and Bradstreet and has Dunn and Bradstreet provided a financial strength rating of 4A or 5A? (Answer “Yes” only if both criteria have been met.)__Yes __ No Alternative II 1. Amount of annual UST aggregate coverage being assured by a test or guarantee$ 2. Amount of corrective action, closure and post-closure care costs, liability coverage, and plugging and abandonment costs covered by a financial test or guarantee$ 3. Sum of lines one and two$ 4. Total tangible assets$ 5. Total liabilities (if any of the amount reported on line three is included in total liabilities, you may deduct that amount from this line and add that amount to line six)$ 6. Tangible net worth (subtract line five from line four)$ 7. Total assets in the United States (required only if less than ninety percent (90%) of assets are located in the United States)$ 8. Is line six at least ten (10) million dollars?__Yes __ No 9. Is line six at least six (6) times line three?__Yes __ No 10. Are at least ninety percent (90%) of assets located in the United States?

(If “No” complete line eleven)__Yes __ No 11. Is line seven at least six (6) times line three?__Yes __ No (Fill in either lines twelve through fifteen or lines sixteen through eighteen)

12. Current assets$ 13. Current liabilities$ 14. Net working capital (subtract line thirteen from line twelve)$ 15. Is line fourteen at least six (6) times line three?__Yes __ No 16. Current bond rating of most recent bond issue 17. Name of rating service ___________________________________________________________ 18. Date of maturity of bond __________________________________________________________ 19. Have financial statements for the latest fiscal year been filed with the SEC, the Energy Information Administration or the Rural Electrification Administration?__Yes __ No (If “No,” please attach a report from an independent certified public accountant certifying that there are no material differences between the data as reported in lines four through eighteen above and the financial statements for the latest fiscal year.)

(For both Alternative I and Alternative II complete the certification with this statement.)

“I hereby certify that the wording of this letter is identical to the wording specified in 10 CSR 26-3.095(4) as such rules were constituted on the date shown immediately below.”

6CODE OF STATE REGULATIONS 11.094. Original rule filed Feb. 7, 1991, 3, 1993, effective April 9, 1994. Amended: effective Dec. 30, 2011.

##### **10 CSR 26-3.095** Financial Test of Self- Insurance ments a person must meet for self- insurance. {#sec-10-csr-26-3.095 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.095}

(1) An owner or operator, or guarantor, may satisfy the requirements of 10 CSR 26-3.093 by passing a financial test as specified in this

rule. To pass the financial test of self-insurance, the owner or operator, or guarantor, shall meet the criteria of section (2) or (3) of this rule based on year-end financial statements for the latest completed fiscal year.

(2) The owner or operator, or guarantor, shall have a tangible net worth that meets the following requirements:

(A) The owner or operator, or guarantor, shall have a tangible net worth of at least ten (10) times— 1. The total of the applicable aggregate amount required by 10 CSR 26-3.093 based on the number of underground storage tanks (USTs) for which a financial test is used to demonstrate financial responsibility to the department;

2. The sum of the corrective action cost estimates, the current closure and post-closure care cost estimates, and amount of liability coverage for which a financial test is used to demonstrate financial responsibility to the Environmental Protection Agency (EPA) in 40 CFR parts 264.101, 264.143, 264.145, 264.147, 265.143, 265.145, and 265.147 or under any state program authorized by EPA under 40 CFR part 271; or 3. The sum of current plugging and abandonment cost estimates for which a financial test is used to demonstrate financial responsibility to EPA under 40 CFR part 144.63 or under any program authorized by EPA under 40 CFR part 145;

(B) The owner or operator, or guarantor shall have a tangible net worth of at least ten (10) million dollars;

(C) The owner or operator, or guarantor shall have a letter signed by the chief financial officer worded as specified in section (4) of this rule;

(D) The owner or operator, or guarantor either must— 1. File financial statements annually with the United States Securities and Exchange Commission (SEC), the Energy Information Administration (EIA) or the Rural Electrification Administration (REA); or 2. Report annually the firm’s tangible net worth to Dunn and Bradstreet and Dunn and Bradstreet shall have assigned the firm a financial strength rating of 4A or 5A; and (E) The firm’s year-end financial statements, if independently audited, cannot include an adverse auditor’s opinion, a disclaimer of opinion or a going concern qualification.

(3) The owner or operator, or guarantor, shall meet the financial test requirements of 40 CFR 264.147(f)(1), modified as follows:

(A) The owner or operator, or guarantor, must meet the financial test requirements of 40 CFR 264.147(f)(1), substituting the appropriate amounts specified in 10 CSR 26- 3.093 (2)(A) and (B) for the amount of liability coverage each time specified in that

section;

(B) The fiscal year-end financial statements of the owner or operator, or guarantor must be examined by an independent certified public accountant and be accompanied by the accountant’s report of the examination;

(C) The firm’s year-end financial statements cannot include an adverse auditor’s opinion, a disclaimer of opinion or a going concern qualification;

(D) The owner or operator, or guarantor shall have a letter signed by the chief financial officer worded as specified in section (4); and (E) If the financial statements of the owner or operator, or guarantor are not submitted annually to the United States SEC, the EIA or the REA, the owner or operator, or guarantor shall obtain a special report by an independent certified public accountant stating that— 1. S/he has compared the data that the letter from the chief financial officer specifies as having been derived from the latest year-end financial statements of the owner or operator, or guarantor with the amounts in those financial statements; and 2. In connection with that comparison, no matters came to his/her attention which caused him/her to believe that the specified data should be adjusted.

(4) To demonstrate that it meets the financial test under section (2) or (3), the chief financial officer of the owner or operator, or guarantor, shall sign within one hundred twenty (120) days of the close of each financial reporting year, as defined by the twelve (12)month period for which financial statements used to support the financial test are prepared, a letter worded exactly as listed in Form 1 (see 10 CSR 26-3.094).

(5) If an owner or operator using the test to provide financial assurance finds that s/he no longer meets the requirements of the financial test based on the year-end financial statements, the owner or operator shall obtain alternative coverage within one hundred fifty (150) days of the end of the year for which financial statements have been prepared.

(6) The director may require reports of financial condition at any time from the owner or operator, or guarantor. If the director finds, on the basis of these reports or other information, that the owner or operator, or guarantor, no longer meets the financial test requirements of 10 CSR 26-3.095(2) or (3) and (4), the owner or operator shall obtain alternate coverage within thirty (30) days after notification of that finding.

(7) If the owner or operator fails to obtain alternate assurance within one hundred fifty (150) days of finding that s/he no longer meets the requirements of the financial test based on the year-end financial statements, or within thirty (30) days of notification by the director that s/he no longer meets the requirements of the financial test, the owner or operator shall notify the director of that failure within ten (10) days. 11.095. Original rule filed Feb. 7, 1991,

##### **10 CSR 26-3.096** Guarantee ments for a guarantee of financial responsi- (1) An owner or operator may satisfy the requirements of 10 CSR 26-3.093 by obtaining a guarantee that conforms to the requirements of this section. The guarantor shall be— (A) A firm that— 1. Possesses a controlling interest in the owner or operator; {#sec-10-csr-26-3.096 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.096}

2. Possesses a controlling interest in a firm described under paragraph(1)(A)1. of this rule; or 3. Is controlled through stock ownership by a common parent firm that possesses a controlling interest in the owner or operator; or (B) A firm engaged in a substantial business relationship with the owner or operator and issuing the guarantee as an act incident to that business relationship.

(2) Within one hundred twenty (120) days of the close of each financial reporting year, the guarantor shall demonstrate that it meets the financial test criteria of 10 CSR 26-3.095 based on year-end financial statements for the latest completed financial reporting year by completing the letter from the chief financial officer described in 10 CSR 26-3.095(4) and shall deliver the letter to the owner or operator. If the guarantor fails to meet the requirements of the financial test at the end of any financial reporting year, within one hundred twenty (120) days of the end of that financial reporting year the guarantor shall send by certified mail, before cancellation or nonrenewal of the guarantee, notice to the owner or operator. If the director notifies the guarantor that s/he no longer meets the requirements of the financial test of 10 CSR 26-3.095(2) or (3) and (4), the guarantor must notify the owner or operator within ten (10) days of receiving that notification from the director.

In both cases, the guarantee will terminate no less than one hundred twenty (120) days after the date the owner or operator receives the notification as evidenced by the return receipt. The owner or operator shall obtain alternate coverage as specified in 10 CSR 26- 3.110(5).

(3) The guarantee shall be worded as specified in Form 2, included herein.

(4) An owner or operator who uses a guarantee to satisfy the requirements of 10 CSR 26- 3.093 shall establish a standby trust fund when the guarantee is obtained. Under the terms of the guarantee, all amounts paid by the guarantor under the guarantee will be deposited directly into the standby trust fund in accordance with instructions from the director under 10 CSR 26-3.108. This standby trust fund shall meet the requirements specified in 10 CSR 26-3.103.

8CODE OF STATE REGULATIONS

Form 2—Guarantee The following text should be used to comply with the requirements of 10 CSR 26-3.096(3) as follows, except that the instructions in brack- Guarantee Guarantee made this [date] by [name of guaranteeing entity], a business entity organized under the laws of the State of [name of state], herein referred to as guarantor, to the Department of Natural Resources and to any and all third parties and obligees on behalf of [owner or operator] of [business address].

(A) Guarantor meets or exceeds the financial test criteria of 10 CSR 26-3.095(2) or 10 CSR 26-3.095(3) and 10 CSR 26-3.095(4) and agrees to comply with the requirements for guarantors as specified in 10 CSR 26-3.096(2).

(B) [Owner or operator] owns or operates the following underground storage tank(s) covered by this guarantee: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one (1) instrument is used to assure different tanks at any one (1) facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 10 CSR 26-2.022, and the name and address of the facility.] This guarantee satisfies 10 CSR 26-3.090–10 CSR 26-3.115 requirements for assuring funding for [insert “taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “non-sudden accidental releases” or “accidental releases”; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the above-identified underground storage tank(s) in the amount of $[insert dollar amount] per occurrence and $[insert dollar amount] annual aggregate.

(C) [Insert appropriate phrase: “On behalf of our subsidiary” (if guarantor is corporate parent of the owner or operator); “On behalf of our affiliate” (if guarantor is a related firm of the owner or operator); or “Incident to our business relationship with” (if guarantor is providing the guarantee as an incident to a substantial business relationship with owner or operator)] [owner or operator], guarantor guarantees to department and to any and all third parties that:

In the event that [owner or operator] fails to provide alternate coverage within sixty (60) days after receipt of a notice of cancellation of this guarantee and the director has determined or suspects that a release has occurred at an underground storage tank covered by this guarantee, the guarantor, upon instructions from the director, shall fund a standby trust fund in accordance with the provisions of 10 CSR 26-3.112, in an amount not to exceed the coverage limits specified above.

In the event that the director determines that [owner or operator] has failed to perform corrective action for releases arising out of the operation of the above-identified tank(s) in accordance with 10 CSR 26-2.070–10 CSR 26-2.083, the guarantor upon written instructions from the director, shall fund a standby trust in accordance with the provisions of 10 CSR 26-3.108 in an amount not to exceed the coverage limits spec- If [owner or operator] fails to satisfy a judgment or award based on a determination of liability for bodily injury or property damage to third parties caused by [“sudden” and/or “non-sudden”] accidental releases arising from the operation of the above-identified tank(s) or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such injury or damage, the guarantor upon written instructions from the director, shall fund a standby trust in accordance with the provisions of 10 CSR 26-3.112 to satisfy such judgment(s), award(s), (D) Guarantor agrees that if, at the end of any fiscal year before cancellation of this guarantee, the guarantor fails to meet the financial test criteria of 10 CSR 26-3.095(2) or 10 CSR 26-3.095(3) and 10 CSR 26-3.095(4), guarantor shall send within one hundred twenty (120) days of such failure, by certified mail, notice to [owner or operator]. The guarantee will terminate one hundred twenty (120) days from the date of receipt of the notice by [owner or operator ], as evidenced by the return receipt.

(E) Guarantor agrees to notify [owner or operator] by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), United States Code, naming guarantor as debtor, within ten (10) days after commencement of the proceeding.

(F) Guarantor agrees to remain bound under this guarantee not withstanding any modification or alteration of any obligation of [owner or operator] pursuant to 10 CSR 26, Chapters 2 and 3.

(G) Guarantor agrees to remain bound under this guarantee for so long as [owner or operator] must comply with the applicable financial responsibility requirements of 10 CSR 26-3.090–10 CSR 26-3.115 for the above-identified tank(s), except that guarantor may cancel this guarantee by sending notice by certified mail to [owner or operator], such cancellation to become effective no earlier than one hundred twenty (120) days after receipt of such notice by [owner or operator], as evidenced by the return receipt.

(H) The guarantor’s obligation does not apply to any of the following:

1. Any obligation of [insert owner or operator] under Workers’ Compensation, disability benefits, or unemployment compensation law or other similar law;

2. Bodily injury to an employee of [insert owner or operator] arising from, and in the course of, employment by [insert owner or opera- 3. Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehi- 4. Property damage to any property owned, rented, loaned to, in the care, custody, or control of or occupied by [insert owner or operator] that is not the direct result of a release from a petroleum underground storage tank;

5. Bodily injury or property damage for which [insert owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 10 CSR 26-3.093.

(I) Guarantor expressly waives notice of acceptance of this guarantee by the department, by any or all third parties, or by [owner or operator].

I hereby certify that the wording of this guarantee is identical to the wording specified in 10 CSR 26-3.096(3) as such rules were constituted on the effective date shown immediately below.

10CODE OF STATE REGULATIONS 11.096. Original rule filed Feb. 7, 1991, 3, 1993, effective April 9, 1994. Moved and

##### **10 CSR 26-3.097** Insurance and Risk Retention Group Coverage ments for use of insurance or risk retention group coverage for financial responsibility. {#sec-10-csr-26-3.097 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.097}

(1) An owner or operator may satisfy financial responsibility requirements in 10 CSR 26-3.093 by obtaining liability insurance that conforms to the requirements of this section from a qualified insurer or risk retention group. This insurance may be in the form of a separate insurance policy or an endorsement to an existing insurance policy.

(2) Each insurance policy shall be amended by an endorsement worded as specified in Form 3, included herein, or evidenced by a certificate of insurance worded as specified in Form 4, included herein.

(3) Each insurance policy shall be issued by an insurer or a risk retention group that, at a minimum, is licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer in this state.

Form 3—Endorsement The following text should be used to comply with the requirements of 10 CSR 26-3.097(2) as follows, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted:

(A) Endorsement Name: [name of each covered location]

Address: [address of each covered location]

Policy Number: [number]

Period of Coverage: [current policy period]

Name of [Insurer or Risk Retention Group]:

Address of [Insurer or Risk Retention Group]:

Name of Insured:

Address of Insured:

Endorsement:

1. This endorsement certifies that the policy to which the endorsement is attached provides liability insurance covering the following underground storage tanks: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one (1) instrument is used to assure different tanks at any one (1) facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted for 10 CSR 26-2.022 and the name and address of the facility.] for [insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “non-sudden accidental releases” or “accidental release”; in accordance with and subject to the limits of liability, exclusions, conditions, and other terms of the policy; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the underground storage tank(s) identified above.

The limits of liability are [insert the dollar amount of the “each occurrence” and “annual aggregate” limits of the Insurer’s or Group’s liability; if the amount of coverage is different for different types of coverage or for different underground storage tanks or locations, indicate the amount of coverage for each type of coverage and/or for each underground storage tank or location], exclusive of legal defense costs which are subject to a separate limit under the policy. This coverage is provided under [policy number]. The effective date of said policy is [date].

2. The insurance afforded with respect to such occurrences is subject to all of the terms and conditions of the policy; provided, however, that any provisions inconsistent with subparagraphs A through E of this paragraph are hereby amended to conform with subparagraphs A through E:

A. Bankruptcy or insolvency of the insured shall not relieve the [“Insurer” or “Group”] of its obligations under the policy to which this endorsement is attached.

B. The [“Insurer” or “Group”] is liable for the payment of amounts within any deductible applicable to the policy to the provider of corrective action or a damaged third party, with a right of reimbursement by the insured for any such payment made by the [“Insurer” or “Group”].

This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated under another mechanism or combination of mechanisms as specified in 10 CSR 26-3.095 through 10 CSR 26-3.102.

C. Whenever requested by the director, the [“Insurer” or “Group”] agrees to furnish to the director a signed duplicate original of the policy and all endorsements.

D. Cancellation or any other termination of the insurance by the [“Insurer” or “Group”], except for non-payment of premium or misrepresentation by the insured, will be effective only upon written notice and only after the expiration of sixty (60) days after a copy of such written notice is received by the insured. Cancellation for non-payment of premium or misrepresentation by the insured will be effective only upon written notice and only after expiration of a minimum of ten (10) days after a copy of such written notice is received by the insured. [Insert for claims-made policies]

E. The insurance covers claims otherwise covered by the policy that are reported to the [“Insurer” or “Group”] within six (6) months of the effective date of cancellation or non-renewal of the policy except where the new or renewed policy has the same retroactive date or a retroactive date earlier than that of the prior policy and which arise out of any covered occurrence that commenced after the policy retroactive date, if applicable and prior to such policy renewal or termination date. Claims reported during such extended reporting period are subject to the terms, conditions, limits, including limits of liability, and exclusions of the policy.

I hereby certify that the wording of this instrument is identical to the wording in 10 CSR 26-3.097(2)(A) and that the [“Insurer” or “Group”] is [“licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer in this state”]. [Signature of authorized representative of Insurer or Risk Retention Group]

Authorized Representative of [Name of Insurer or Risk Retention Group] [Address of Representative]

12CODE OF STATE REGULATIONS

Form 4—Certificate of Insurance The following text should be used to comply with the requirements of 10 CSR 26-3.097(2) as follows, except that the instructions in brack- Certificate of Insurance Name: [name of each covered location]

Address: [address of each covered location]

Policy Number: [number]

Endorsement (if applicable):

Period of Coverage: [current policy period]

Name of [Insurer or Risk Retention Group]:

Address of [Insurer or Risk Retention Group]:

Name of Insured:

Address of Insured:

Certification:

1. [Name of Insurer or Risk Retention Group], [the “Insurer” or “Group”], as identified above, hereby certifies that it has issued liability insurance covering the following underground storage tank(s): [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one (1) instrument is used to assure different tanks at any one (1) facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 10 CSR 26-2.022 and the name and address of the facility.] for [insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “non-sudden accidental releases” or “accidental releases”; in accordance with and subject to the limits of liability, exclusions, conditions, and other terms of the policy; if coverage is different for different tanks or locations: indicate the type of coverage applicable to each tank or location] arising from operating the underground storage tank(s) identified above.

The limits of liability are [insert the dollar amount of the “each occurrence” and “annual aggregate” limits of the Insurer’s or Group’s liability; if the amount of coverage is different for different types of coverage or for different underground storage tanks or locations, indicate the amount of coverage for each type of coverage and/or for each underground storage tank or location], exclusive of legal defense costs, which are subject to a separate limit under the policy. This coverage is provided under [policy number]. The effective date of said policy is [date].

2. The [“Insurer” or “Group”] further certifies the following with respect to the insurance described in Paragraph 1:

A. Bankruptcy or insolvency of the insured shall not relieve the [“Insurer” or “Group”] of its obligations under the policy to which this certificate applies.

B. The [“Insurer” or “Group”] is liable for the payment of amounts within any deductible applicable to the policy to the provider of corrective action or a damaged third-party, with a right of reimbursement by the insured for any such payment made by the [“Insurer” or “Group”].

This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated under another mechanism or combination of mechanisms as specified in 10 CSR 26-3.095 through 10 CSR 26-3.102.

C. Whenever requested by the director, the [“Insurer” or “Group”] agrees to furnish to the director a signed duplicate original of the policy and all endorsements.

D. Cancellation or any other termination of the insurance by the [“Insurer” or “Group”], except for non-payment of premium or misrepresentation by the insured, will be effective only upon written notice and only after the expiration of sixty (60) days after a copy of such written notice is received by the insured. Cancellation for non-payment of premium or misrepresentation by the insured will be effective only upon written notice and only after expiration of a minimum of ten (10) days after a copy of such written notice is received by the insured. [Insert for claims-made policies]

E. The insurance covers claims otherwise covered by the policy that are reported to the [“Insurer” or “Group”] within six (6) months of the effective date of cancellation or non-renewal of the policy except where the new or renewed policy has the same retroactive date or a retroactive date earlier than that of the prior policy and which arise out of any covered occurrence that commenced after the policy r etroactive date, if applicable and prior to such policy renewal or termination date. Claims reported during such an extended reporting period are subject to the terms, conditions, limits, including limits of liability, and exclusions of the policy.

I hereby certify that the wording of this instrument is identical to the wording in 10 CSR 26-3.097(2)(B) and that the [“Insurer” or “Group”] is [“licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in this state”]. [Signature of authorized representative of Insurer] [Type name]

Authorized Representative of [Name of Insurer or Risk Retention Group] [Address of Representative]

14CODE OF STATE REGULATIONS 11.097. Original rule filed Feb. 7, 1991,

##### **10 CSR 26-3.098** Surety Bond ments for use of a surety bond as evidence of (1) An owner or operator may satisfy the CSR 26-3.093 by obtaining a surety bond that conforms to the requirements of this rule. {#sec-10-csr-26-3.098 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.098}

The surety company issuing the bond must be among those listed as acceptable sureties on federal bonds in the latest Circular 570of the United States Department of the Treasury.

(2) The surety bond shall be worded as specified in Form 5, included herein.

(3) Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond. In all cases the surety’s liability is limited to the per occurrence and annual aggregate penal sums.

(4) The owner or operator who uses a surety bond to satisfy the requirements of 10 CSR 26-3.093 shall establish a standby trust fund when the surety bond is acquired. Under the terms of the bond, all amounts paid by the surety under the bond will be deposited directly into the standby trust fund in accordance with instructions from the director under 10 CSR 26-3.108. This standby trust fund shall meet the requirements specified in 10 CSR 26-3.103.

Form 5—Performance Bond The following text should be used to comply with the requirements of 10 CSR 26-3.098(2) as follows, except that the instructions in brack- Performance Bond Date bond executed:

Period of coverage:

Principal: [legal name and business address of owner or operator]

Type of organization: [insert “individual,” “joint venture,” “partnership,” or “corporation”]

State of incorporation (if applicable):

Surety(ies): [name(s) and business address(es)]

Scope of Coverage: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located.

If more than one (1) instrument is used to assure different tanks at any one (1) facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 10 CSR 26-2.022 and the name and address of the facility. List the coverage guaranteed by the bond: “taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “non-sudden accidental releases” or “accidental releases” “arising from operating the underground storage tank”].

Penal sums of bond :

Per occurrence $ Annual aggregate $ Surety’s bond number:

Know All Persons by These Presents, that we, the Principal and Surety(ies), hereto are firmly bound to the department, in the above penal sums for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as co-Sureties, we, the Sureties, bind ourselves in such sums jointly and severally only for the purpose of allowing a joint action(s) against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sums only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sums.

Whereas said Principal is required under Subtitle I of the Resource Conservation and Recovery Act (RCRA), as amended, to provide financial assurance for [insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “non-sudden accidental releases” or “accidental releases”; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the underground storage tanks identified above, and Whereas said Principal shall establish a standby trust fund as is required when a surety bond is used to provide such financial assurance;

Now, therefore, the conditions of the obligation are such that if the Principal shall faithfully [“take corrective action, in accordance with 10 CSR 26-2.070–10 CSR 26-2.083 and the director’s instructions for,” and/or “compensate injured third parties for bodily injury and property damage caused by” either “sudden” or “non-sudden” or “sudden and non-sudden”] accidental releases arising from operating the tank(s) identified above, or if the Principal shall provide alternate financial assurance, as specified in 10 CSR 26-3.090–10 CSR 26-3.115, within one hundred twenty (120) days after the date the notice of cancellation is received by the Principal from the Surety(ies), then this obligation shall be null and void; otherwise it is to remain in full force and effect.

Such obligation does not apply to any of the following:

(A) Any obligation of [insert owner or operator] under Workers’ Compensation, disability benefits, or unemployment compensation law or other similar law;

(B) Bodily injury to an employee of [insert owner or operator] arising from, and in the course of, employment by [insert owner or opera- (C) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehi- (D) Property damage to any property owned, rented, loaned to, in the care, custody, or control of or occupied by [insert owner or operator] that is not the direct result of a release from a petroleum underground storage tank;

(E) Bodily injury or property damage for which [insert owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 10 CSR 26-3.093.

The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above.

Upon notification by [the director] that the Principal has failed to [“take corrective action, in accordance with 10 CSR 26-2.070–10 CSR 26- 2.083 and the director’s instructions,” and/or “compensate injured third parties”] as guaranteed by this bond, the Surety(ies) shall either perform [“corrective action in accordance with 10 CSR 26-2.070–10 CSR 26-2.083 and the director’s instructions,” and/or “third-party liability 16CODE OF STATE REGULATIONS compensation”] or place funds in an amount up to the annual aggregate penal sum into the standby trust fund as directed by the director under 10 CSR 26-3.108.

Upon notification by [the director] that the Principal has failed to provide alternate financial assurance within sixty (60) days after the date the notice of cancellation is received by the Principal from the Surety(ies) and that the director has determined or suspects that a release has occurred, the Surety(ies) shall place funds in an amount not exceeding the annual aggregate penal sum into the standby trust fund as directed by the director under 10 CSR 26-3.108.

The Surety(ies) hereby waive(s) notification of amendments to applicable laws, statutes, and regulations and agrees that no such amendment shall in any way alleviate its (their) obligation on this bond.

The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment(s) shall amount in the annual aggregate to the penal sum shown on the face of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said annual aggregate penal sum.

The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal, provided, however, that cancellation shall not occur during the one hundred twenty (120) days beginning on the date of receipt of the notice of cancellation by the Principal as evidenced by the return receipt.

The Principal may terminate this bond by sending written notice to the Surety(ies).

In Witness Thereof, the Principal and Surety(ies) have executed this Bond and have affixed their seals on the date set forth above.

The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in 10 CSR 26-3.098(2) as such rules were constituted on the date this bond was executed.

PRINCIPAL [Signature(s)] [Name(s)] [Title(s)] [Corporate seal]

CORPORATE SURETY(IES) [Name and address]

State of Incorporation:

Liability limit:$ [Signature(s)] [Name(s) and title(s)] [Corporate seal] [For every co-surety, provide signature(s), corporate seal and other information in the same manner as for Surety above.]

Bond premium:$ 11.098. Original rule filed Feb. 7, 1991,

##### **10 CSR 26-3.099** Letter of Credit ments for use of a letter of credit as evidence of financial responsibility. {#sec-10-csr-26-3.099 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.099}

(1) An owner or operator may satisfy the CSR 26-3.093 by obtaining an irrevocable standby letter of credit that conforms to the requirements of this section. The issuing institution must be an entity that has the

(2) The letter of credit must be worded as specified in Form 6, included herein.

(3) An owner or operator who uses a letter of credit to satisfy the requirements of 10 CSR 26-3.093 shall also establish a standby trust fund when the letter of credit is acquired.

Under the terms of the letter of credit, all amounts paid pursuant to a draft by the director will be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the director under 10 CSR 26-3.108. This standby trust fund must meet the requirements specified in 10 CSR 26-3.103.

(4) The letter of credit shall be irrevocable with a term specified by the issuing institution. The letter of credit must provide that credit be automatically renewed for the same term as the original term unless, at least one hundred twenty (120) days before the current expiration date, the issuing institution notifies the owner or operator by certified mail of its decision not to renew the letter of credit.

Under the terms of the letter of credit, the one hundred twenty (120) days will begin on the date when the owner or operator receives the notice as evidenced by the return receipt.

18CODE OF STATE REGULATIONS

Form 6—Irrevocable Standby Letter of Credit The following text should be used to comply with the requirements of 10 CSR 26-3.090(2) as follows, except that the instructions in brack- Irrevocable Standby Letter of Credit [Name and address of issuing institution] [Name and address of director]

Dear Sir or Madam: We hereby establish our Irrevocable Standby Letter of Credit No. [insert number] in your favor, at the request and for the account of [owner or operator name] of [address] up to the aggregate amount of [in words] United States dollars ($[insert dollar amount]), available upon presentation [insert, if more than one (1) state is a beneficiary, “by any one (1) of you”] of:

(A) Your sight draft, bearing reference to this letter of credit, No. [insert number], and (B) Your signed statement reading as follows: “I certify that the amount of the draft is payable pursuant to regulations issued under authority of Subtitle I of the Resource Conservation and Recovery Act of 1976, as amended.”

This letter of credit may be drawn on to cover [insert: “taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “nonsudden accidental releases” or “accidental releases”] arising from operating the underground storage tank(s) identified below in the amount of [in words] $[insert dollar amount] per occurrence and [in words] $[insert dollar amount] annual aggregate: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one (1) instrument is used to assure different tanks at any one (1) facility, for each tank covered by this instrument, list the tank identification number provided by in the notification submitted pursuant to 10 CSR 26-2.022 and the name and address of the facility.]

The letter of credit may not be drawn on to cover any of the following:

1. Any obligation of [insert owner or operator] under a Workers’ Compensation, disability benefits, or unemployment compensation law or other similar law;

2. Bodily injury to an employee of [insert owner or operator] arising from, and in the course of, employment by [insert owner or opera- 3. Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehi- 4. Property damage to any property owned, rented, loaned to, in the care, custody, or control of or occupied by [insert owner or operator] that is not the direct result of a release from a petroleum underground storage tank;

5. Bodily injury or property damage for which [insert owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 10 CSR 26-3.093.

This letter of credit is effective as of [date] and shall expire on [date], but such expiration date shall be automatically extended for a period of [at least the length of the original term] on [expiration date] and on each successive expiration date unless, at least one hundred twenty (120) days before the current expiration date, we notify [owner or operator] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event that [owner or operator] is so notified, any unused portion of the credit shall be available upon presentation of your sight draft for one hundred twenty (120) days after the date of receipt by [owner or operator], as shown on the signed return receipt.

Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor such draft upon presentation to us and we shall deposit the amount of the draft directly into the standby trust fund of [ owner or operator], in accordance with your instructions.

We certify that the wording of this letter of credit is identical to the wording specified in 10 CSR 26-3.099(2) as such rules were constitut- [Signature(s) and title(s) of official(s) of issuing institution]

This credit is subject to [insert “the most recent edition of the Uniform Customs and Practice for Documentary Credits, published by the International Chamber of Commerce,” or the“Uniform Commercial Code”]. 11.099. Original rule filed Feb. 7, 1991,

**History**
- *authority to issue letters of credit in each state where used and whose letter of credit operations are regulated and examined by a federal or state agency.*

##### **10 CSR 26-3.101** Petroleum Storage Tank Insurance Fund ments for use of the Petroleum Storage Tank Insurance Fund for demonstrating financial responsibility. {#sec-10-csr-26-3.101 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.101}

(1) An owner or operator may satisfy part of the financial responsibility requirements of

##### **10 CSR 26-3.093** for underground storage tanks (USTs) located in this state from the Petroleum Storage Tank Insurance Fund. In addition, any other combination of mechanisms may be used to supplement coverage provided by the Petroleum Storage Tank Insurance Fund so that the sum of the mechanisms provides the required amount of assurance. {#sec-10-csr-26-3.093 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.093}

11.101. Original rule filed Feb. 7, 1991, effec- 1993, effective April 9, 1994. Amended: effective Dec. 30, 2011.

##### **10 CSR 26-3.102** Trust Fund ments for use of a trust fund for demonstrating financial responsibility. {#sec-10-csr-26-3.102 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.102}

(1) An owner or operator may satisfy the CSR 26-3.093 by establishing a trust fund that conforms to the requirements of this rule.

The trustee shall be an entity that has the

(A) The wording of the trust agreement shall be identical to the wording for a standby trust fund in 10 CSR 26-3.103(2) and shall be accompanied by a formal certification of acknowledgment for a standby trust fund in 10 CSR 26-3.103(3).

(B) The trust fund, when established, shall be funded for the full required amount of coverage or funded for part of the required amount of coverage and used in combination with other mechanism(s) that provide the remaining required coverage.

(C) If the value of the trust fund is greater than the required amount of coverage, the owner or operator may submit a written request to the director for release of the excess.

(D) If other financial assurance as specified in 10 CSR 26-3.090–10 CSR 26-3.115 is substituted for all or part of the trust fund, the owner or operator may submit a written request to the director for release of the excess.

(E) Within sixty (60) days after receiving a request from the owner or operator for release of funds as specified in subsection (1)(C) or (D) of this rule, the director will instruct the trustee to release to the owner or operator those funds the director specifies in writing. 11.102. Original rule filed Feb. 7, 1991, effec-

**History**
- *authority to act as a trustee and whose trust operations are regulated and examined by a federal agency or an agency of the state in which the fund is established.*

##### **10 CSR 26-3.103** Standby Trust Fund ments for a standby trust fund. {#sec-10-csr-26-3.103 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.103}

(1) An owner or operator using any one (1) of the mechanisms authorized by 10 CSR 26- 3.096, 10 CSR 26-3.098, or 10 CSR 26- 3.099 shall establish a standby trust fund when the mechanism is acquired. The trustee of the standby trust fund shall be an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a federal agency or an agency of this state.

(2) The standby trust agreement must be worded as specified in Form 7, included (3) The standby trust agreement must be accompanied by a formal certification of acknowledgment as specified in Form 8, (4) The director will instruct the trustee to refund the balance of the standby trust fund to the provider of financial assurance if the director determines that no additional corrective action costs or third-party liability claims will occur as a result of a release covered by the financial assurance mechanism for which the standby trust fund was established.

(5) An owner or operator may establish one (1) trust fund as the depository mechanism for all funds assured in compliance with this 20CODE OF STATE REGULATIONS Form 7—Trust Agreement The following text should be used to comply with the requirements of 10 CSR 26-3.102(6) as follows, except that the instructions in brack- Trust Agreement Trust agreement, the “Agreement” entered into as of [date] by and between [name of the owner or operator], a [name of state] [insert “corporation,” “partnership,” “association,” or “proprietorship”], the “Grantor,” and [name of corporate trustee], [insert “Incorporated in the state of” or “a national bank”], the “Trustee.”

Whereas, the Department of Natural Resources, “the department,” an agency of the state of Missouri, has established certain regulations applicable to the Grantor, requiring that an owner or operator of an underground storage tank shall provide assurance that funds will be available when needed for corrective action and third-party compensation for bodily injury and property damage caused by sudden and non-sudden accidental releases arising from the operation of the underground storage tank;

Whereas, the Grantor has elected to establish [insert either “a guarantee,” “surety bond,” or “letter of credit”] to provide all or part of such financial assurance for the underground storage tanks identified herein and is required to establish a standby trust fund able to accept payments from the instrument (This paragraph is only applicable to the standby trust agreement.);

Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee;

Now, therefore, the Grantor and the Trustee agree as follows:

1. Definitions As used in this Agreement:

A. The term “Grantor” means the owner or operator who enters into this Agreement and any successors or assigns of the Grantor.

B. The term “Trustee” means the Trustee who enters into the Agreement and any successor Trustee.

2. Identification of the Financial Assurance Mechanism.

This Agreement pertains to the [identify the financial assurance mechanism, either a guarantee, surety bond, or letter of credit, from which the standby trust fund is established to receive payments (This paragraph is only applicable to the standby trust agreement)].

3. Establishment of Fund.

The Grantor and the Trustee hereby establish a trust fund, the “Fund” for the benefit of department. The Grantor and the Trustee intend that no third-party have access to the Fund except as herein provided. (The Fund is established initially as a standby to receive payments and shall not consist of any property.) Payments made by the provider of financial assurance pursuant to the director’s instructions are transferred to the Trustee and are referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor as provider of financial assurance, any payments necessary to discharge any liability of the Grantor established by the department.

4. Payment for [“Corrective Action” and/or “Third-Party Liability Claims”:].

The Trustee shall make payments from the Fund as [the director] shall direct, in writing, to provide for the payment of the costs of [insert “taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “nonsudden accidental releases” or “accidental releases”] arising from operating the tanks covered by the financial assurance mechanism identified in this Agreement.

The Fund may not be drawn upon to cover any of the following:

A. Any obligation of [insert owner or operator] under Workers’ Compensation, disability benefits, or unemployment compensation law or other similar law;

B. Bodily injury to an employee of [insert owner or operator] arising from, and in the course of employment by [insert owner or opera- C. Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehi- D. Property damage to any property owned, rented, loaned to, in the care, custody, or control of or occupied by [insert owner or operator] that is not the direct result of a release from a petroleum underground storage tank;

E. Bodily injury or property damage for which [insert owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 40 CFR 280.93.

The Trustee shall reimburse the Grantor, or other persons as specified by the director, from the Fund for corrective expenditures and/or third-party liability claims in such amounts as the director shall direct in writing. In addition, the Trustee shall refund to the Grantor such amounts as the director specifies in writing. Upon refund, such funds shall no longer constitute part of the Fund as defined he rein.

5. Payments Comprising the Fund.

Payments made to the Trustee for the Fund shall consist of cash and securities acceptable to the Trustee.

6. Trustee Management.

The Trustee shall invest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time-to-time, subject, however, to the provisions of this Section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his/her duties with respect to the trust fund solely in the interest of the beneficiaries and with care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims, except that:

A. Securities or other obligations of the Grantor, or any other owner or operator of the tanks, or any of their affiliates as defined in the Investment Company Act of 1940, 15 U.S.C. 80a-2(a), shall not be acquired or held, unless they are securities or other obligations of the federal or a state government;

B. The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the federal or state government; and C. The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon.

7. Commingling and Investment.

The Trustee is expressly authorized in its discretion:

A. To transfer from time-to-time any or all of the assets of the Fund to any common, commingled, or collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and B. To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C. 80a-1, including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.

8. Express Powers of Trustee.

Without in any way limiting the powers and discretion conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:

A. To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity or expediency of any such sale or other disposition;

B. To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted;

C. To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve bank, but the books and records of the Trustee shall at all times show that all such securities are part of the Fund;

D. To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency of the federal or state government; and E. To compromise or otherwise adjust all claims in favor of or against the Fund.

9. Taxes and Expenses.

All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the Fund.

10. Advice of Counsel.

The Trustee may from time-to-time consult with counsel, who may be counsel to the Grantor with respect to any questions arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of legal counsel.

11. Trustee Compensation.

The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time-to-time with the Grantor.

12. Successor Trustee.

The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee’s acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in writing sent to the Grantor and the present Trustee by certified mail ten (10) days before such change becomes effective. Any expense incurred by the Trustee as a result of any of the acts contemplated by this section shall be paid as provided in paragraph 9 of this agreement.

13. Instructions to the Trustee.

All orders, requests and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated in the attached Schedule B or such other designees as the Grantor may designate by amendment to Schedule B. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor’s orders, requests, and instructions. All orders, requests, and instructions by the director to the Trustee shall be in writing, signed by the director, and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the director hereunder has occurred.

22CODE OF STATE REGULATIONS

The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the Grantor and/or the director, except as provided for herein.

14. Amendment of Agreement.

This Agreement may be amended by an instrument in writing executed by the Grantor and the Trustee, or by the Trustee and [the director] if the Grantor ceases to exist.

15. Irrevocability and Termination.

Subject to the right of the parties to amend this Agreement as provided in Section 14, this Trust shall be irrevocable and shall continue until terminated at the written direction of the Grantor and the Trustee, or by the Trustee and the director, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor.

16. Immunity and Indemnification.

The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or the director issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense.

17. Choice of Law.

This Agreement shall be administered, construed, and enforced according to the laws of the state of [insert name of state], or the Comptroller of the Currency in the case of National Association banks.

18. Interpretation.

As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each paragraph of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement.

In Witness whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals (if applicable) to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in 10 CSR 26-3.103(2) as such rules were constituted on the date written above. [Signature of Grantor] [Name of the Grantor]

Attest: [Signature of Trustee] [Name of the Trustee] [Seal] [Signature of Witness] [Name of the Witness] [Seal]

Form 8—Certification of Acknowledgments The following text should be used to comply with the requirements of 10 CSR 26-3.103(3) as follows, except that the instructions in brack- Certification of Acknowledgments State of County of On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that s/he resides at [address], that s/he is [title] of [corporation], the corporation described in and which executed the above instrument; that s/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that s/he signed her/his name thereto by like order. [Signature of Notary Public] [Name of Notary Public]

24CODE OF STATE REGULATIONS 11.103. Original rule filed Feb. 7, 1991, effective Aug. 30, 1991. Moved and amended:

##### **10 CSR 26-3.104** Substitution of Financial Assurance Mechanisms by Owner or Operator ments for the substitution of financial assurance mechanisms for demonstration of financial responsibility. {#sec-10-csr-26-3.104 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.104}

(1) An owner or operator may substitute any alternate financial assurance mechanisms as specified in 10 CSR 26-3.090–10 CSR 26- 3.115, provided that at all times s/he maintains an effective financial assurance mechanism or combination of mechanisms that satisfies the requirements of 10 CSR 26-3.093.

(2) After obtaining alternate financial assurance as specified in 10 CSR 26-3.090–10 CSR 26-3.115, an owner or operator may cancel a financial assurance mechanism by providing notice to the provider of financial assurance. 11.104. Original rule filed Feb. 7, 1991, effec-

##### **10 CSR 26-3.105** Cancellation or Nonrenewal by a Provider of Financial Assurance {#sec-10-csr-26-3.105 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.105}

PURPOSE: This rule requires providers of financial responsibility to notify the department of impending cancellation or nonrenewal of any financial assurance mechanism.

(1) Except as otherwise provided, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator. Notice of termination shall comply with the following requirements:

(A) Termination of a guarantee, a surety bond, or a letter of credit shall not occur until one hundred twenty (120) days after the date on which the owner or operator receives the notice of termination as evidenced by the return receipt; and (B) Termination of insurance or risk retention group coverage, except for nonpayment or misrepresentation by the insured or statefunded assurance, shall not occur until sixty (60) days after the date on which the owner or operator receives the notice of termination as evidenced by the return receipt.

Termination for nonpayment of premium or misrepresentation by the insured may not occur until a minimum of ten (10) days after the date on which the owner or operator receives the notice of termination as evidenced by the return receipt.

(2) If a provider of financial responsibility cancels or fails to renew for reasons other than incapacity of the provider as specified in 10 CSR 26-3.110, the owner or operator shall obtain alternate coverage as specified in this

section within sixty (60) days after receipt of the notice of termination. If the owner or operator fails to obtain alternate coverage within sixty (60) days after receipt of the notice of termination, the owner or operator shall notify the director of the failure and submit— (A) The name and address of the provider of financial assurance;

(B) The effective date of termination; and (C) The evidence of the financial assurance mechanism subject to the termination maintained in accordance with 10 CSR 26- 3.107(2). 11.105. Original rule filed Feb. 7, 1991, effec-

##### **10 CSR 26-3.106** Reporting by Owner or Operator {#sec-10-csr-26-3.106 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.106}

PURPOSE: This rule requires owners and operators to show evidence of financial responsibility to the department.

(1) An owner or operator shall submit the appropriate forms listed in 10 CSR 26- 3.107(2) documenting current evidence of financial responsibility to the director— (A) Within thirty (30) days after the owner or operator identifies a release from an underground storage tank (UST) required to be reported under 10 CSR 26-2.053 or 10 CSR 26-2.071;

(B) If the owner or operator fails to obtain alternate coverage as required by 10 CSR 26- 3.090–10 CSR 26-3.115 within thirty (30) days after the owner or operator receives notice of— 1. Commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), United States Code, naming a provider of financial assurance as a debtor;

2. Suspension or revocation of the

3. Failure of a guarantor to meet the requirements of the financial test; or 4. Other incapacity of a provider of financial assurance; or (C) As required by 10 CSR 26-3.095(7) and 10 CSR 26-3.105(2).

(2) An owner or operator shall certify compliance with the financial responsibility requirements of 10 CSR 26-3.090–10 CSR 26-3.115 as specified in the new tank notification form (see 10 CSR 26-2.022) when notifying the department of the installation of a new UST under 10 CSR 26-2.022.

(3) The director may require an owner or operator to submit evidence of financial assurance as described in 10 CSR 26- 3.107(2) or other information relevant to compliance with 10 CSR 26-3.090–10 CSR 26-3.115 at any time. 11.106. Original rule filed Feb. 7, 1991, effec-

**History**
- *authority of a provider of financial assurance to issue a financial assurance mechanism;*

##### **10 CSR 26-3.107** Record Keeping {#sec-10-csr-26-3.107 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.107}

PURPOSE: This rule describes the records that owners and operators must maintain for their financial responsibility instruments.

(1) Owners or operators shall maintain evidence of all financial assurance mechanisms used to demonstrate financial responsibility under 10 CSR 26-3.090 through 10 CSR 26- 3.115 for an underground storage tank (UST) until released from the requirements of 10 CSR 26-3.090 through 10 CSR 26-3.115 under 10 CSR 26-3.109. An owner or operator shall maintain this evidence at the UST site or the owner’s or operator’s place of business. Records maintained off-site shall be made available upon request of the department.

(2) An owner or operator shall maintain the following types of evidence of financial responsibility:

(A) An owner or operator using an assurance mechanism specified in 10 CSR 26- 3.095 through 10 CSR 26-3.100 or 10 CSR 26-3.102 or 10 CSR 26-3.112 through 10 CSR 26-3.115 shall maintain a copy of the instrument worded as specified;

(B) An owner or operator using a financial test or guarantee shall maintain a copy of the chief financial officer’s letter based on yearend financial statements for the most recent completed financial reporting year. This evidence shall be on file no later than one hundred twenty (120) days after the close of the financial reporting year;

(C) An owner or operator using a guarantee, surety bond, or letter of credit shall maintain a copy of the signed standby trust fund agreement and copies of any amendments to the agreement;

(D) A local government owner or operator using a local government guarantee under 10 CSR 26-3.114(4) shall maintain a copy of the signed standby trust fund agreement and copies of any amendments to the agreement;

(E) A local government owner or operator using the local government bond rating test under 10 CSR 26-3.112 shall maintain a copy of its bond rating published within the last & Poor’s;

(F) A local government owner or operator using the local government guarantee under 10 CSR 26-3.114, where the guarantor’s demonstration of financial responsibility relies on the bond rating test under 10 CSR 26-3.112, shall maintain a copy of the guarantor’s bond rating published within the last & Poor’s;

(G) An owner or operator using an insurance policy or risk retention group coverage shall maintain a copy of the signed insurance policy or risk retention group coverage policy with the endorsement or certificate of insurance and any amendments to the agreements;

(H) An owner or operator covered by the Petroleum Storage Tank Insurance Fund must maintain on file a copy of any evidence of coverage supplied by or required by the department under 10 CSR 26-3.101(1);

(I) An owner or operator using a local government fund under 10 CSR 26-3.115 shall maintain the following documents:

1. A copy of the state constitutional provision or local government’s statute, charter, ordinance, or order dedicating the fund;

2. Year-end financial statements for the most recent completed financial reporting year showing the amount in the fund. If the fund is established under 10 CSR 26- 3.115(1)(C) using incremental funding backed by bonding authority, the financial statements must show the previous year’s balance, the amount of funding during the year, and the closing balance in the fund; and 3. If the fund is established under 10 CSR 26-3.115(1)(C) using incremental funding backed by bonding authority, the owner or operator shall also maintain documentation of the required bonding authority, including either the results of a voter referendum (under 10 CSR 26-3.115 (1)(C)1.) or attestation by the state attorney general as specified under 10 CSR 26-3.115(1)(C)2.;

(J) A local government owner or operator using the local government guarantee supported by the local government fund shall maintain a copy of the guarantor’s year-end financial statements for the most recent completed financial reporting year showing the amount of the fund; and (K) An owner or operator using an assurance mechanism specified in 10 CSR 26- 3.095 through 10 CSR 26-3.102 or 10 CSR 26-3.112 through 10 CSR 26-3.115 shall maintain an updated copy of a certification of financial responsibility worded as specified in Form 9, included herein. The owner or operator shall update this certification whenever the financial assurance mechanism(s) used to demonstrate financial responsibility change(s).

26CODE OF STATE REGULATIONS

Form 9—Certification of Financial Responsibility The following text should be used to comply with the requirements of 10 CSR 26-3.107(2)(K) as follows, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted:

Certification of Financial Responsibility [Owner or operator] hereby certifies that it is in compliance with the requirements of 10 CSR 26-3.090–10 CSR 26-3.115.

The financial assurance mechanism(s) used to demonstrate financial responsibility under 10 CSR 26-3.090–10 CSR 26-3.115 is (are) as follows: [For each mechanism, list the type of mechanism, name of issuer, mechanism number (if applicable), amount of coverage, effective period of coverage, and whether the mechanism covers “taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “non-sudden accidental releases” or “accidental releases.”] [Signature of owner or operator] [Name of owner or operator] [Signature of witness or notary] [Name of witness or notary] 11.107. Original rule filed Feb. 7, 1991, effec- 1993, effective April 9, 1994. Amended: effective Dec.30, 2011.

##### **10 CSR 26-3.108** Drawing on Financial Assurance Mechanisms {#sec-10-csr-26-3.108 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.108}

PURPOSE: This rule describes the procedures for draw down of financial responsibility mechanisms.

(1) Except as specified in section (4) of this

rule, the director shall require the guarantor, surety, or institution issuing a letter of credit to place the amount of funds stipulated by the director, up to the limit of funds provided by the financial assurance mechanism, into the standby trust if— (A) The following conditions exist:

1. The owner or operator fails to establish alternate financial assurance within sixty (60) days after receiving notice of cancellation of the guarantee, surety bond, letter of credit, or, as applicable, other financial assurance mechanism; and 2. The director determines or suspects that a release from an underground storage tank (UST) covered by the mechanism has occurred and so notifies the owner or operator, or the owner or operator has notified the director pursuant to 10 CSR 26-2.050–10 CSR 26-2.083 of a release from a UST covered by the mechanism; or (B) The conditions of subsection (2)(A) or paragraph (2)(B)1. or 2. of this rule are satisfied.

(2) The director may draw on a standby trust fund when— (A) The director makes a final determination that a release has occurred and immediate or long-term corrective action for the release is needed and the owner or operator, after appropriate notice and opportunity to comply, has not conducted corrective action as required in 10 CSR 26-2.060–10 CSR 26- 2.083; or (B) The director has received either— 1. Certification from the owner or operator and the third-party liability claimant(s), and from attorneys representing the owner or operator and the third-party liability claimant(s), that a third-party liability claim should be paid. The certification shall be worded as specified in Form 10, included herein; or 2. A valid final court order establishing a judgment against the owner or operator for bodily injury or property damage caused by an accidental release from a UST covered by financial assurance under 10 CSR 26- 3.095–10 CSR 26-3.115 and the director determines that the owner or operator has not satisfied the judgment.

(3) If the director determines that the amount of corrective action costs and third-party liability claims eligible for payment under section (2) of this rule may exceed the balance of the standby trust fund and the obligation of the provider of financial assurance, the first priority for payment shall be corrective action costs necessary to protect human health and the environment. The director shall pay thirdparty liability claims in the order in which the director receives certifications under paragraph (2)(B)1. of this rule and valid court orders under paragraph (2)(B)2. of this rule.

(4) A governmental entity acting as guarantor under 10 CSR 26-3.114(7), the local government guarantee without standby trust, shall make payments as directed by the director under the circumstances described in 10 CSR 26-3.108(1)–(3).

28CODE OF STATE REGULATIONS

Form 10—Certification of Valid Claim The certification of valid claim must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Certification of Valid Claim The undersigned, as principals and as legal representatives of [insert owner or operator] and [insert name and address of third-party claimant], hereby certify that the claim of bodily injury (and/or) property damage caused by an accidental release arising from operating [owner’s or operator’s] underground storage tank should be paid in the amount of $[insert dollar amount]. [Signatures] [Owner or Operator] [Attorney for Owner or Operator] [Notary] [Signatures] [Claimant(s)] [Attorney(s) for claimant(s)] [Notary] 11.108. Original rule filed Feb. 7, 1991, effec-

##### **10 CSR 26-3.109** Release From the Requirements {#sec-10-csr-26-3.109 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.109}

PURPOSE: This rule describes when an owner or operator is released from financial responsibility requirements.

(1) An owner or operator is no longer required to maintain financial responsibility under 10 CSR 26-3.090–10 CSR 26-3.115 for an underground storage tank (UST) after the tank has been properly closed, or if corrective action is required, after corrective action has been completed and the tank has been properly closed as required by 10 CSR 26-2.060–10 CSR 26-2.064. 11.109. Original rule filed Feb. 7, 1991, effec-

##### **10 CSR 26-3.110** Bankruptcy or Other Incapacity of Owner or Operator, or Provider of Financial Assurance {#sec-10-csr-26-3.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.110}

PURPOSE: The owner or operator, or financial assurance provider shall notify the department of bankruptcy proceedings affecting the availability of financial responsibility.

(1) Within ten (10) days after commencement Code, naming an owner or operator as debtor, the owner or operator shall notify the director by certified mail of the commencement and submit the appropriate forms listed in 10 CSR 26-3.107(2) documenting current (2) Within ten (10) days after commencement Code, naming a guarantor providing financial assurance as debtor, this guarantor shall notify the owner or operator by certified mail of the commencement as required under the terms of the guarantee specified in 10 CSR 26-3.096.

(3) Within ten (10) days after commencement Code, naming a local government owner or operator as debtor, the local government owner or operator shall notify the director by certified mail of the commencement and submit the appropriate forms listed in 10 CSR 26-3.107(2) documenting current financial responsibility.

(4) Within ten (10) days after commencement Code, naming a guarantor providing a local government financial assurance as debtor, this guarantor shall notify the local government owner or operator by certified mail of the commencement as required under the terms of the guarantee specified in 10 CSR 26-3.106.

(5) An owner or operator who obtains financial assurance by a mechanism other than the financial test of self-insurance will be deemed to be without the required financial assurance in the event of a bankruptcy or incapacity of its provider of financial assurance, or a suspension or revocation of the authority of the provider of financial assurance to issue a guarantee, insurance policy, risk retention group coverage policy, surety bond, or letter of credit. The owner or operator shall obtain alternate financial assurance as specified in

##### **10 CSR 26-3.090** through 10 CSR 26-3.115 within thirty (30) days after receiving notice of the event. If the owner or operator does not obtain alternate coverage within thirty (30) days after notification, s/he shall notify the director. {#sec-10-csr-26-3.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.090}

(6) Within thirty (30) days after receipt of notification that the Petroleum Storage Tank Insurance Fund has become incapable of paying for assured corrective action or thirdparty compensation costs, the owner or operator shall obtain alternate financial assurance.

This rule originally filed as 10 CSR 20-11.110.

Original rule filed Feb. 7, 1991, effective Aug. 30, 1991. Amended: Filed Aug. 3, 1993, effective April 9, 1994. Amended: Filed Jan. 14, 1997, effective Sept. 30, 1997. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011.

##### **10 CSR 26-3.111** Replenishment of Guarantees, Letters of Credit, or Surety Bonds {#sec-10-csr-26-3.111 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.111}

PURPOSE: This rule describes requirements that the owner or operator maintain financial responsibility mechanism at a fully funded level.

(1) If at any time after a standby trust is funded upon the instruction of the director with funds drawn from a guarantee, letter of credit, or surety bond and the amount in the standby trust is reduced below the full amount of coverage required, the owner or operator, by the anniversary date of the financial mechanism from which the funds were drawn shall— (A) Replenish the value of financial assurance to equal the full amount of coverage required; or (B) Acquire another financial assurance mechanism for the amount by which funds in the standby trust have been reduced.

(2) For purposes of this rule, the full amount of coverage required is the amount of coverage to be provided by 10 CSR 26-3.093. If a combination of mechanisms was used to provide the assurance funds which were drawn upon, replenishment shall occur by the earliest anniversary date among the mechanisms.

This rule originally filed as 10 CSR 20-11.111.

Original rule filed Feb. 7, 1991, effective Aug. 30, 1991. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011.

##### **10 CSR 26-3.112** Local Government Bond Rating Test ments for use of a local government bond rating test for demonstrating financial responsi- (1) A general purpose local government owner or operator, local government, or both, serving as a guarantor may satisfy the requirements of 10 CSR 26-3.093 by having a currently outstanding issue(s) of general obligation bonds of one (1) million dollars or more, excluding refunded obligations, with a Moody’s rating of Aaa, Aa, A, or Baa, or a Standard & Poor’s rating of AAA, AA, A, or BBB. Where a local government has multiple 30CODE OF STATE REGULATIONS outstanding issues, or where a local government’s bonds are rated by both Moody’s and Standard & Poor’s, the lowest rating shall be used to determine eligibility. Bonds that are backed by credit enhancement other than municipal bond insurance may not be considered in determining the amount of applicable bonds outstanding. {#sec-10-csr-26-3.112 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.112}

(2) A local government owner or operator or local government serving as a guarantor that 1) is not a general purpose local government and 2) does not have the legal authority to issue general obligation bonds may satisfy the requirements of 10 CSR 26-3.093 by— (A) Having a currently outstanding issue(s) of revenue bonds of one (1) million dollars or more, excluding refunded issues; and (B) Having a Moody’s rating of Aaa, Aa, A, or Baa, or a Standard & Poor’s rating of AAA, AA, A, or BBB as the lowest rating for any rated revenue bond issued by the local government. Where bonds are rated by both Moody’s and Standard & Poor’s, the lower rating for each bond shall be used to determine eligibility. Bonds that are backed by credit enhancement may not be considered in determining the amount of applicable bonds outstanding.

(3) The local government owner or operator, guarantor, or both, shall maintain a copy of its bond rating published within the last & Poor’s.

(4) To demonstrate that it meets the local government bond rating test, the chief financial officer of a general purpose local government owner or operator, guarantor, or both, shall sign a letter worded as specified in Form 11, (5) To demonstrate that it meets the local government bond rating test, the chief financial officer of local government owner or operator, guarantor, or both, other than a general

purpose government shall sign a letter worded as specified in Form 12, included herein.

(6) The director may require reports of financial condition at any time from the local government owner or operator, local government guarantor, or both. If the director finds, on the basis of the reports or other information, that the local government owner or operator, guarantor, or both, no longer meets the local government bond rating test requirements of 10 CSR 26-3.112, the local government owner or operator shall obtain alternative coverage within thirty (30) days after notification of the finding.

(7) If a local government owner or operator using the bond rating test to provide financial assurance finds that it no longer meets the bond rating test requirements, the local government owner or operator shall obtain alternative coverage within one hundred fifty (150) days of the change in status.

Wording of Financial Assurance Instruments Form 11—General Purpose Local Government Bond Rating Test The following text should be used to comply with the requirements of 10 CSR 26-3.112(4) as follows, except that the instructions in brack- I am the chief financial officer of [insert name and address of local government owner or operator, or guarantor]. This letter is in support of the use of the bond rating test to demonstrate financial responsibility for [insert “taking corrective action” and/or “compensating third parties for bodily injury and property damage”] caused by [insert “sudden accidental releases” and/or “non-sudden accidental releases”] in the amount of at least $[insert dollar amount] per occurrence and $[insert dollar amount] annual aggregate arising from operating (an) underground storage tank(s).

Underground storage tanks at the following facilities are assured by this bond rating test: [List for each facility the name and address of the facility where tanks are assured by the bond rating test].

The details of the issue date, maturity, outstanding amount, bond rating, and bond rating agency of all outstanding bond issues that are being used by [name of local government owner or operator, or guarantor] to demonstrate financial responsibility are as follows: [complete table]

Issue Date:

Maturity Date:

Outstanding Amount:

Bond Rating:

Rating Agency [Moody’s or Standard & Poor’s]

The total outstanding obligation of [insert amount], excluding refunded bond issues, exceeds the minimum amount of one (1) million dollars. All outstanding general obligation bonds issued by this government that have been rated by Moody’s or Standard & Poor’s are rated as at least investment grade (Moody’s Baa or Standard & Poor’s BBB) based on the most recent ratings published within the last twelve (12) months.

Neither rating service has provided notification within the last twelve (12) months of downgrading of bond ratings below investment grade or of withdrawal of bond rating other than for repayment of outstanding bond issues.

I hereby certify that the wording of this letter is identical to the wording specified in 10 CSR 26-3.112(4) as the regulations were constitut- 32CODE OF STATE REGULATIONS Form 12—Local Government Bond Rating Test The following text should be used to comply with the requirements of 10 CSR 26-3.112(5) as follows, except that the instructions in brack- I am the chief financial officer of [insert name and address of local government owner or operator, or guarantor]. This letter is in support of the use of the bond rating test to demonstrate financial responsibility for [insert “taking corrective action” and/or “compensating third parties for bodily injury and property damage”] caused by [insert “sudden accidental releases” and/or “non-sudden accidental releases”] in the amount of at least $[insert dollar amount] per occurrence and $[insert dollar amount] annual aggregate arising from operating (an) underground storage tank(s). This local government is not organized to provide general governmental services and does not have the legal authority under state law or constitutional provisions to issue general obligation debt.

Underground storage tanks at the following facilities are assured by this bond rating test: [List for each facility the name and address of the facility where tanks are assured by the bond rating test].

The details of the issue date, maturity, outstanding amount, bond rating, and bond rating agency of all outstanding revenue bond issues that are being used by [name of local government owner or operator, or guarantor] to demonstrate financial responsibility are as follows: [complete table]

Issue Date:

Maturity Date:

Outstanding Amount:

Bond Rating:

Rating Agency [Moody’s or Standard & Poor’s]

The total outstanding obligation of [insert amount], excluding refunded bond issues, exceeds the minimum amount of one (1) million dollars. All outstanding revenue bonds issued by this government that have been rated by Moody’s or Standard & Poor’s are rated as at least investment grade (Moody’s Baa or Standard & Poor’s BBB) based on the most recent ratings published within the last twelve (12) months. The revenue bonds listed are not backed by third-party credit enhancement or are insured by a municipal bond insurance company. Neither rating service has provided notification within the last twelve (12) months of downgrading of bond ratings below investment grade or of withdrawal of bond rating other than for repayment of outstanding bond issues.

I hereby certify that the wording of this letter is identical to the wording specified in 10 CSR 26-3.112(5) as the regulations were constitut- 11.112. Original rule filed Aug. 3, 1993,

##### **10 CSR 26-3.113** Local Government Financial Test ments for use of a local government financial test for demonstrating financial responsi- (1) A local government owner or operator 3.093 by passing the financial test specified in this rule. To be eligible to use the financial test, the local government owner or operator shall have the ability and authority to assess and levy taxes or to freely establish fees and charges. {#sec-10-csr-26-3.113 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.113}

(2) To pass the local government financial test, the owner or operator must meet the criteria of subsections (2)(B) and (C) of this rule based on year-end financial statements for the latest completed fiscal year— (A) The local government owner or operator must have the following information available, as shown in the year-end financial statements for the latest completed fiscal year:

1. Total revenues. Consists of the sum of general fund operating and nonoperating revenues including net local taxes, licenses and permits, fines and forfeitures, revenues from use of money and property, charges for services, investment earnings, sales (property, publications, and the like), intergovernmental revenues (restricted and unrestricted), and total revenues from all other governmental funds including enterprise, debt service, capital projects, and special revenues, but excluding revenues to funds held in a trust or agency capacity. For purposes of this test, the calculation of total revenues shall exclude all transfers between funds under the direct control of the local government using the financial test (interfund transfers), liquidation of investments, and issuance of debt;

2. Total expenditures. Consists of the sum of general fund operating and nonoperating expenditures including public safety, public utilities, transportation, public works, environmental protection, cultural and recreational, community development, revenue sharing, employee benefits and compensation, office management, planning and zoning, capital projects, interest payments on debt, payments for retirement of debt principal, and total expenditures from all other governmental funds including enterprise, debt service, capital projects, and special revenues. For purposes of this test, the calculation of total expenditures shall exclude all transfers between funds under the direct control of the local government using the financial test (interfund transfers);

3. Local revenues. Consists of total revenues (as defined in paragraph (2)(A)1. of this rule) minus the sum of all transfers from other governmental entities, including all monies received from federal, state, or local government sources;

4. Debt service. Consists of the sum of all interest and principal payments on all long-term credit obligations and all interestbearing short-term credit obligations.

Includes interest and principal payments on general obligation bonds, revenue bonds, notes, mortgages, judgments, and interestbearing warrants. Excludes payments on noninterest-bearing short-term obligations, interfund obligations, amounts owed in a trust or agency capacity, and advances and contingent loans from other governments;

5. Total funds. Consists of the sum of cash and investment securities from all funds, including general, enterprise, debt service, capital projects, and special revenue funds, but excluding employee retirement funds, at the end of the local government’s financial reporting year. Includes federal securities, federal agency securities, state and local government securities, and other securities such as bonds, notes, and mortgages. For purposes of this test, the calculation of total funds shall exclude agency funds, private trust funds, accounts receivable, value of real property, and other nonsecurity assets; and 6. Population consists of the number of people in the area served by the local government;

(B) The local government’s year-end financial statements, if independently audited, cannot include an adverse auditor’s opinion or a disclaimer of opinion. The local government cannot have outstanding issues of general obligation or revenue bonds that are rated as less than investment grade; and (C) The local government owner or operator shall have a letter signed by the chief financial officer worded as specified in section (3) of this rule.

(3) To demonstrate that it meets the financial test under section (2) of this rule, the chief financial officer of the local government owner or operator shall sign, within one hundred twenty (120) days of the close of each financial reporting year, as defined by the twelve (12)-month period for which financial statements used to support the financial test are prepared, a letter worded as specified in Form 13, included herein.

(4) If a local government owner or operator using the test to provide financial assurance finds that it no longer meets the requirements of the financial test based on the year-end financial statements, the owner or operator shall obtain alternative coverage within one hundred fifty (150) days of the end of the year for which financial statements have been prepared.

(5) The director may require reports of financial condition at any time from the local government owner or operator. If the director finds, on the basis of the reports or other information, that the local government owner or operator no longer meets the financial test requirements of 10 CSR 26-3.113(2) and (3), the owner or operator shall obtain alternate coverage within thirty (30) days after notification of the finding.

(6) If the local government owner or operator fails to obtain alternate assurance within one hundred fifty (150) days of finding that it no longer meets the requirements of the financial test based on the year-end financial statements or within thirty (30) days of notification by the director that it no longer meets the requirements of the financial test, the owner or operator shall notify the director of the failure within ten (10) days.

34CODE OF STATE REGULATIONS

Form 13—Local Government Financial Test The following text should be used to comply with the requirements of 10 CSR 26-3.113(3) as follows, except that the instructions in brack- I am the chief financial officer of [insert name and address of the owner or operator]. This letter is in support of the use of the local government financial test to demonstrate financial responsibility for [insert “taking corrective action” and/or “compensating third parties for bodily injury and property damage”] caused by [insert “sudden accidental releases” and/or “non-sudden accidental releases”] in the amount of at least $[insert dollar amount] per occurrence and $[insert dollar amount] annual aggregate arising from operating (an) underground storage tank(s).

Underground storage tanks at the following facilities are assured by this financial test [List for each facility the name and address of the facility where tanks assured by this financial test are located. If separate mechanisms or combinations of mechanisms are being used to assure any of the tanks at this facility, list each tank assured by this financial test by the tank identification number provided in the notification submitted pursuant to 10 CSR 26-2.022].

This owner or operator has not received an adverse opinion, or a disclaimer of opinion, from an independent auditor on its financial statements for the latest completed fiscal year. Any outstanding issues of general obligation or revenue bonds, if rated, have a Moody’s rating of Aaa, Aa, A, or Baa or a Standard & Poor’s rating of AAA, AA, A, or BBB; if rated by both firms, the bonds have a Moody’s rating of Aaa, Aa, A, or Baa and a Standard & Poor’s rating of AAA, AA, A, or BBB.

WORKSHEET FOR MUNICIPAL FINANCIAL TEST

Part I: Basic Information 1. Total Revenues a. Revenues (dollars)

Value of revenues excludes liquidation of investments and issuance of debt. Value includes all general fund operating and nonoperating revenues, as well as all revenues from all other governmental funds including enterprise, debt service, capital projects, and special revenues, but excluding revenues to funds held in a trust or agency capacity.

b. Subtract interfund transfers (dollars)

c. Total Revenues (dollars)

2. Total Expenditures a. Expenditures (dollars)

Value consists of the sum of general fund operating and nonoperating expenditures including interest payments on debt, payments for retirement of debt principal, and total expenditures from all other governmental funds including enterprise, debt service, capital projects, and special revenues.

b. Subtract interfund transfers (dollars)

c. Total Expenditures (dollars)

3. Local Revenues a. Total Revenues (from 1c) (dollars)

b. Subtract total intergovernmental transfers (dollars)

c. Local Revenues (dollars)

4. Debt Service a. Interest and fiscal charges (dollars)

b. Add debt retirement (dollars)

c. Total Debt Service (dollars)

5. Total Funds (dollars)

(Sum of amounts held as cash and investment securities from all funds, excluding amounts held for employee retirement funds, agency funds, and trust funds)

6. Population (persons)

Part II: Application of Test 7. Total Revenues to Population a. Total Revenues (from 1c)

b. Population (from 6)

c. Divide 7a by 7b d. Subtract 417 e. Divide by 5.212 f. Multiply by 4.095 8. Total Expenses to Population a. Total Expenses (from 2c)

b. Population (from 6)

c. Divide 8a by 8b d. Subtract 524 e. Divide by 5.401 f. Multiply by 4.095 9. Local Revenues to Total Revenues a. Local Revenues (from 3c)

b. Total Revenues (from 1c)

c. Divide 9a by 9b d. Subtract .695 e. Divide by .205 f. Multiply by 2.840 10. Debt Services to Population a. Debt Service (from 4d)

b. Population (from 6)

c. Divide 10a by 10b d. Subtract 51 e. Divide by 1038 f. Multiply by -1.866 11. Debt Service to Total Revenues a. Debt Service (from 4d)

b. Total Revenues (from 1c)

c. Divide 11a by 11b d. Subtract .068 e. Divide by .259 f. Multiply by -3.533 12. Total Revenues to Total Expenses a. Total Revenues (from 1c)

b. Total Expenses (from 2c)

c. Divide 12a by 12b d. Subtract .910 e. Divide by .899 f. Multiply by 3.458 13. Funds Balance to Total Revenues a. Total Funds (from 5)

b. Total Revenues (from 1c)

c. Divide 13a by 13b d. Subtract .891 e. Divide by 9.156 f. Multiply by 3.270 14. Funds Balance to Total Expenses a. Total Funds (from 5)

b. Total Expenses (from 2c)

c. Divide 14a by 14b d. Subtract .866 e. Divide by 6.409 f. Multiply by 3.270 15. Total Funds to Population a. Total Funds (from 5)

b. Population (from 6)

c. Divide 15a by 15b d. Subtract 270 e. Divide by 4.548 f. Multiply by 1.866 16. Add 7f + 8f + 9f + 10f + 11f + 12f + 13f + 14f + 15f + 4.937 I hereby certify that the financial index shown on line 16 of the worksheet is greater than zero and that the wording of this letter is identical to the wording specified in 10 CSR 26-3.113(3) as the regulations were constituted on the date shown immediately below.

36CODE OF STATE REGULATIONS 11.113. Original rule filed Aug. 3, 1993,

##### **10 CSR 26-3.114** Local Government Guarantee ments for a local government guarantee of (1) A local government owner or operator 3.093 by obtaining a guarantee that conforms to the requirements of this rule. The guarantor must be either the state in which the local government owner or operator is located or a local government having a substantial governmental relationship with the owner and operator and issuing the guarantee as an act incident to that relationship. A local government acting as the guarantor shall demonstrate that it meets the— (A) Bond rating test requirement of 10 CSR 26-3.112 and deliver a copy of the chief financial officer’s letter as contained in 10 CSR 26-3.112(4) or (5) to the local government owner or operator; {#sec-10-csr-26-3.114 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.114}

(B) Worksheet test requirements of 10 CSR 26-3.113 and deliver a copy of the chief financial officer’s letter as contained in 10 CSR 26-3.113(3) to the local government owner or operator; or (C) Local government fund requirements of 10 CSR 26-3.115(1)(A), (B), or (C) and deliver a copy of the chief financial officer’s letter as contained in 10 CSR 26-3.115 to the local government owner or operator.

(2) If the local government guarantor is unable to demonstrate financial assurance under any of 10 CSR 26-3.112, 10 CSR 26- 3.113, or 10 CSR 26-3.115(1)(A), (B), or (C), at the end of the financial reporting year, the guarantor shall send by certified mail, before cancellation or non-renewal of the guarantee, notice to the owner or operator.

The guarantee will terminate no less than one hundred twenty (120) days after the date the owner or operator receives the notification, as evidenced by the return receipt. The owner or operator shall obtain alternative coverage as specified in 10 CSR 26-3.110(5).

(3) The guarantee agreement shall be worded as specified in Form 14 or 15, included herein, depending on which of the following alternative guarantee arrangements is selected, if in the default or incapacity of the owner or operator, the guarantor guarantees to— (A) Fund a standby trust as directed by the director, the guarantee shall be worded as specified in Form 14, included herein;

(B) Make payments as directed by the director for taking corrective action or compensating third parties for bodily injury and property damage, the guarantee shall be worded as specified in Form 15, included (4) If the guarantor is the state, the local government guarantee with standby trust shall be worded as specified in Form 14, included (5) If the guarantor is a local government, the local government guarantee with standby trust shall be worded as specified in Form 15, (6) If the guarantor is the state, the local government guarantee without standby trust shall be worded as specified in Form 16, included (7) If the guarantor is a local government, the local government guarantee without standby trust shall be worded as specified in Form 17, Form 14—Local Government Guarantee With Standby Trust Made by a State The following text should be used to comply with the requirements of 10 CSR 26-3.114(4) as follows, except that the instructions in brack- Local Government Guarantee With Standby Trust Made by a State Guarantee made this [date] by [name of state], herein referred to as guarantor, to [the state implementing agency] and to any and all third parties, and obligees, on behalf of [local government owner or operator].

1. Guarantor is the state.

2. [Local government owner or operator] owns or operates the following underground storage tank(s) covered by this guarantee: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 10 CSR 26-2.022, and the name and address of the facility]. This guarantee satisfies 10 CSR 26-3.090–10 CSR 26-3.115 requirements for assuring funding for [insert “taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “non-sudden accidental releases” or “accidental releases”; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the above-identified underground storage tank(s) in the amount of $[insert dollar amount] per occurrence and $[insert dollar amount] annual aggre- 3. Guarantor guarantees to [implementing agency] and to any and all third parties that:

In the event that [local government owner or operator] fails to provide alternative coverage within sixty (60) days after receipt of a notice of cancellation of this guarantee and the [director of the implementing agency] has determined or suspects that a release has occurred at an underground storage tank covered by this guarantee, the guarantor, upon instructions from the [director] shall fund a standby trust fund in accordance with the provisions of 10 CSR 26-3.108, in an amount not to exceed the coverage limits specified above.

In the event that the [director] determines that [local government owner or operator] has failed to perform corrective action for releases arising out of the operation of the above-identified tank(s) in accordance with 10 CSR 26-2.070–10 CSR 26-2.083, the guarantor upon written instructions from the [director] shall fund a standby trust fund in accordance with the provisions of 10 CSR 26-3.108, in an amount not to If [owner or operator] fails to satisfy a judgment or award based on a determination of liability for bodily injury or property damage to third parties caused by [“sudden” and/or “non-sudden”] accidental releases arising from the operation of the above-identified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from the injury or damage, the guarantor, upon written instructions from the [director], shall fund a standby trust in accordance with the provisions of 10 CSR 26-3.108 to satisfy the judgment(s), award(s), 4. Guarantor agrees to notify [owner or operator] by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), United States Code naming guarantor as debtor, within ten (10) days after commencement of the proceeding.

5. Guarantor agrees to remain bound under this guarantee notwithstanding any modification or alteration of any obligation of [owner or oper- 6. Guarantor agrees to remain bound under this guarantee for so long as [local government owner or operator] must comply with the applicable financial responsibility requirements of 10 CSR 26-3.090–10 CSR 26-3.115 for the above-identified tank(s), except that guarantor may cancel this guarantee by sending notice by certified mail to [owner or operator], the cancellation to become effective no earlier than one hundred twenty (120) days after receipt of the notice by [owner or operator], as evidenced by the return receipt.

7. The guarantor’s obligation does not apply to any of the following:

A. Any obligation of [local government owner or operator] under a Workers’ Compensation, disability benefits, or unemployment com- B. Bodily injury to an employee of [insert local government owner or operator] arising from, and in the course of, employment by [insert local government owner or operator];

C. Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehi- D. Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert local government owner or operator] that is not the direct result of a release from a petroleum underground storage tank; and E. Bodily injury or property damage for which [insert owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 10 CSR 26-3.093.

8. Guarantor expressly waives notice of acceptance of this guarantee by [the implementing agency], by any or all third parties, or by [local 38CODE OF STATE REGULATIONS I hereby certify that the wording of this guarantee is identical to the wording specified in 10 CSR 26-3.114(4) as the rules were constituted on the effective date shown immediately below.

Form 15—Local Government Guarantee With Standby Trust Made by a Local Government The following text should be used to comply with the requirements of 10 CSR 26-3.114(5) as follows, except that the instructions in brack- Local Government Guarantee With Standby Trust Made By a Local Government Guarantee made this [date] by [name of guaranteeing entity], a local government organized under the laws of [name of state], herein referred to as guarantor, to [the state implementing agency] and to any and all third parties, and obligees, on behalf of [local government owner or operator].

1. Guarantor meets or exceeds [select one: the local government bond rating test requirements of 10 CSR 26-3.112, the local government financial test requirements of 10 CSR 26-3.113, or the local government fund under 10 CSR 26-3.115(1)(A), (B), or (C)].

2. [Local government owner or operator] owns or operates the following underground storage tank(s) covered by this guarantee: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 10 CSR 26-2.022, and the name and address of the facility]. This guarantee satisfies 10 CSR 26-3.090–10 CSR 26-3.115 requirements for assuring funding for [insert “taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “non-sudden accidental releases” or “accidental releases”; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the above-identified underground storage tank(s) in the amount of $[insert dollar amount] per occurrence and $[insert dollar amount] annual aggre- 3. Incident to our substantial governmental relationship with [local government owner or operator], guarantor guarantees to [implementing agency] and to any and all third parties that:

In the event that [local government owner or operator] fails to provide alternative coverage within sixty (60) days after receipt of a notice of cancellation of this guarantee and [the director of the implementing agency] has determined or suspects that a release has occurred at an underground storage tank covered by this guarantee, the guarantor, upon instructions from [the director] shall fund a standby trust fund in accordance with the provisions of 10 CSR 26-3.108, in an amount not to exceed the coverage limits specified above.

In the event that [the director] determines that [local government owner or operator] has failed to perform corrective action for releases arising out of the operation of the above-identified tank(s) in accordance with 10 CSR 26-2.070–10 CSR 26-2.083, the guarantor upon written instructions from [the director] shall fund a standby trust fund in accordance with the provisions of 10 CSR 26-3.108, in an amount not to If [owner or operator] fails to satisfy a judgment or award based on a determination of liability for bodily injury or property damage to third parties caused by [“sudden” and/or “nonsudden”] accidental releases arising from the operation of the above-identified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from the injury or damage, the guarantor, upon written instructions from [the director], shall fund a standby trust in accordance with the provisions of 10 CSR 26-3.108 to satisfy the judgment(s), award(s), 4. Guarantor agrees that, if at the end of any fiscal year before cancellation of this guarantee, the guarantor fails to meet or exceed the requirements of the financial responsibility mechanism specified in section 10 CSR 26-3.096(2), guarantor shall send within one hundred twenty (120) days of the failure, by certified mail, notice to [local government owner or operator], as evidenced by the return receipt.

5. Guarantor agrees to notify [owner or operator] by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), United States Codenaming guarantor as debtor, within ten (10) days after commencement of the proceeding.

6. Guarantor agrees to remain bound under this guarantee notwithstanding any modification or alteration of any obligation of [owner or oper- 7. Guarantor agrees to remain bound under this guarantee for so long as [local government owner or operator] must comply with the applicable financial responsibility requirements of 10 CSR 26-3.090–10 CSR 26-3.115 for the above-identified tank(s), except that guarantor may cancel this guarantee by sending notice by certified mail to [owner or operator], the cancellation to become effective no earlier than one hundred twenty (120) days after receipt of the notice by [owner or operator], as evidenced by the return receipt.

8. The guarantor’s obligation does not apply to any of the following:

A. Any obligation of [local government owner or operator] under a Workers’ Compensation, disability benefits, or unemployment com- B. Bodily injury to an employee of [insert local government owner or operator] arising from, and in the course of, employment by [insert local government owner or operator];

C. Bodily injury or property damage arising from the ownership, maintenance, use or entrustment to others of any aircraft, motor vehi- D. Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert local government owner or operator] that is not the direct result of a release from a petroleum underground storage tank;

E. Bodily injury or property damage for which [insert owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 10 CSR 26-3.093.

9. Guarantor expressly waives notice of acceptance of this guarantee by [the implementing agency], by any or all third parties, or by [local 40CODE OF STATE REGULATIONS I hereby certify that the wording of this guarantee is identical to the wording specified in 10 CSR 26-3.114(5) as the rules were constituted on the effective date shown immediately below.

Form 16—Local Government Guarantee Without Standby Trust Made by a State The following text should be used to comply with the requirements of 10 CSR 26-3.114(6) as follows, except that instructions in brackets are to be replaced with relevant information and the brackets deleted:

Local Government Guarantee Without Standby Trust Made by a State Guarantee made this [date] by [name of state], herein referred to as guarantor, to [the state implementing agency] and to any and all third parties, and obligees, on behalf of [local government owner or operator].

1. Guarantor is the state.

2. [Local government owner or operator] owns or operates the following underground storage tank(s) covered by this guarantee: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 10 CSR 26-2.022, and the name and address of the facility.]. This guarantee satisfies 10 CSR 26-3.090–10 CSR 26-3.115 requirements for assuring funding for [insert “taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “non-sudden accidental releases” or “accidental releases”; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the above-identified underground storage tank(s) in the amount of $[insert dollar amount] per occurrence and $[insert dollar amount] annual aggre- 3. Guarantor guarantees to [implementing agency] and to any and all third parties and obligees that:

In the event that [local government owner or operator] fails to provide alternative coverage within sixty (60) days after receipt of a notice of cancellation of this guarantee and the [director of the implementing agency] has determined or suspects that a release has occurred at an underground storage tank covered by this guarantee, the guarantor, upon written instructions from [the director] shall make funds available to pay for corrective actions and compensate third parties for bodily injury and property damage in an amount not to exceed the coverage limits spec- In the event that [the director] determines that [local government owner or operator] has failed to perform corrective action for releases arising out of the operation of above-identified tank(s) in accordance with 10 CSR 26-2.070–10 CSR 26-2.083, the guarantor upon written instructions from [the director] shall make funds available to pay for corrective actions in an amount not to exceed the coverage limits specified above.

If [owner or operator] fails to satisfy a judgment or award based on a determination of liability for bodily injury or property damage to third parties caused by [“sudden” and/or “non-sudden” accidental releases arising from the operation of the above-identified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from the injury or damage, the guarantor, upon written instructions from [the director], shall make funds available to compensate third parties for bodily injury and property damage in an amount not to 4. Guarantor agrees to notify [owner or operator] by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), United States Codenaming guarantor as debtor, within ten (10) days after commencement of the proceeding.

5. Guarantor agrees to remain bound under this guarantee notwithstanding any modification or alteration of any obligation of [owner or oper- 6. Guarantor agrees to remain bound under this guarantee for so long as [local government owner or operator] must comply with the applicable financial responsibility requirements of 10 CSR 26-3.090–10 CSR 26-3.115 for the above-identified tank(s), except that guarantor may cancel this guarantee by sending notice by certified mail to [owner or operator], the cancellation to become effective no earlier than one hundred twenty (120) days after receipt of the notice by [owner or operator], as evidenced by the return receipt. If notified of a probable release, the guarantor agrees to remain bound to the terms of this guarantee for all charges arising from the release, up to the coverage limits specified above, notwithstanding the cancellation of the guarantee with respect to future releases.

7. The guarantor’s obligation does not apply to any of the following:

A. Any obligation of [local government owner or operator] under a Workers’ Compensation, disability benefits, or unemployment com- B. Bodily injury to an employee of [local government owner or operator] arising from, and in the course of, employment by [local government owner or operator];

C. Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehi- D. Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [local government owner or operator] that is not the direct result of a release from a petroleum underground storage tank;

E. Bodily injury or property damage for which [owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 10 CSR 26-3.093.

8. Guarantor expressly waives notice of acceptance of this guarantee by [the implementing agency], by any or all third parties, or by [local 42CODE OF STATE REGULATIONS I hereby certify that the wording of this guarantee is identical to the wording specified in 10 CSR 26-3.114(6) as the regulations were constituted on the effective date shown immediately below.

Form 17—Local Government Guarantee Without Standby Trust Made by a Local Government The following text should be used to comply with the requirements of 10 CSR 26-3.114(7) as follows, except that instructions in brackets are to be replaced with relevant information and the brackets deleted:

Local Government Guarantee Without Standby Trust Made by a Local Government Guarantee made this [date] by [name of guaranteeing entity], a local government organized under the laws of [name of state], herein referred to as guarantor, to [the state implementing agency] and to any and all third parties, and obligees, on behalf of [local government owner or operator].

1. Guarantor meets or exceeds [select one: the local government bond rating test requirements of 10 CSR 26-3.112, the local government financial test requirements of 10 CSR 26-3.113, the local government fund under 10 CSR 26-3.115(1)(A), (B), or (C)].

2. [Local government owner or operator] owns or operates the following underground storage tank(s) covered by this guarantee: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 10 CSR 26-2.022, and the name and address of the facility.]. This guarantee satisfies 10 CSR 26-3.090–10 CSR 26-3.115 requirements for assuring funding for [“taking corrective action” and/or “compensating third parties for bodily injury and property damage caused by” either “sudden accidental releases” or “non-sudden accidental releases” or “accidental releases”; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the above-identified underground storage tank(s) in the amount of $[insert dollar amount] per occurrence and $[insert dollar amount] annual aggregate.

3. Incident to our substantial governmental relationship with [local government owner or operator], guarantor guarantees to [implementing agency] and to any and all third parties and obligees that:

In the event that [local government owner or operator] fails to provide alternative coverage within sixty (60) days after receipt of a notice of cancellation of this guarantee and the [director of the implementing agency] has determined or suspects that a release has occurred at an underground storage tank covered by this guarantee, the guarantor, upon written instructions from [the director] shall make funds available to pay for corrective actions and compensate third parties for bodily injury and property damage in an amount not to exceed the coverage limits spec- In the event that [the director] determines that [local government owner or operator] has failed to perform corrective action for releases arising out of the operation of the above-identified tank(s) in accordance with 10 CSR 26-2.070–10 CSR 26-2.083, the guarantor upon written instructions from [the director] shall make funds available to pay for corrective actions in an amount not to exceed the coverage limits specified above.

If [owner or operator] fails to satisfy a judgment or award based on a determination of liability for bodily injury or property damage to third parties caused by [“sudden” and/or “non-sudden”] accidental releases arising from the operation of the above-identified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from the injury or damage, the guarantor, upon written instructions from [the director], shall make funds available to compensate third parties for bodily injury and property damage in an amount not to 4. Guarantor agrees that if at the end of any fiscal year before cancellation of this guarantee, the guarantor fails to meet or exceed the requirements of the financial responsibility mechanism, guarantor shall send within one hundred twenty (120) days of the failure, by certified mail, notice to [local government owner or operator], as evidenced by the return receipt.

5. Guarantor agrees to notify [owner or operator] by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), United States Codenaming guarantor as debtor, within ten (10) days after commencement of the proceeding.

6. Guarantor agrees to remain bound under this guarantee notwithstanding any modification or alteration of any obligation of [owner or oper- 7. Guarantor agrees to remain bound under this guarantee for so long as [local government owner or operator] must comply with the applicable financial responsibility requirements of 10 CSR 26-3.090–10 CSR 26-3.115 for the above-identified tank(s), except that guarantor may cancel this guarantee by sending notice by certified mail to [owner or operator], the cancellation to become effective no earlier than one hundred twenty (120) days after receipt of the notice by [owner or operator], as evidenced by the return receipt. If notified of a probable release, the guarantor agrees to remain bound to the terms of this guarantee for all charges arising from the release, up to the coverage limits specified above, notwithstanding the cancellation of the guarantee with respect to future releases.

8. The guarantor’s obligation does not apply to any of the following:

A. Any obligation of [local government owner or operator] under a Workers’ Compensation, disability benefits, or unemployment com- B. Bodily injury to an employee of [local government owner or operator] arising from, and in the course of, employment by [local government owner or operator];

C. Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehi- D. Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [local government owner or operator] that is not the direct result of a release from a petroleum underground storage tank;

E. Bodily injury or property damage for which [owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 10 CSR 26-3.093.

9. Guarantor expressly waives notice of acceptance of this guarantee by [the implementing agency], by any or all third parties, or by [local 44CODE OF STATE REGULATIONS I hereby certify that the wording of this guarantee is identical to the wording specified in 10 CSR 26-3.114(7) as the regulations were constituted on the effective date shown immediately below. 11.114. Original rule filed Aug. 3, 1993,

##### **10 CSR 26-3.115** Local Government Fund ments for use of a local government fund for demonstrating financial responsibility. {#sec-10-csr-26-3.115 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-3.115}

(1) A local government owner or operator 3.093 by establishing a dedicated fund account that conforms to the requirements of this rule. Except as specified in subsection (1)(B) of this rule, a dedicated fund may not be commingled with other funds or otherwise used in normal operations. A dedicated fund will be considered eligible if it meets one (1) of the following requirements:

(A) The fund is dedicated by state constitutional provision, or local government statute, charter, ordinance, or order to pay for from the operation of petroleum underground storage tanks (USTs) and is funded for the full amount of coverage required under 10 CSR 26-3.093, or funded for part of the required amount of coverage and used in combination with other mechanisms that provide the remaining coverage; or (B) The fund is dedicated by state constitutional provision, or local government statute, charter, ordinance, or order as a contingency fund for general emergencies, including taking corrective action and compensating third parties for bodily injury and property damage operation of petroleum USTs and is funded for five (5) times the full amount of coverage required under 10 CSR 26-3.093, or funded for part of the required amount of coverage and used in combination with other mechanisms that provide the remaining coverage. If the fund is funded for less than five (5) times the amount of coverage required under 10 CSR 26-3.093, the amount of financial responsibility demonstrated by the fund may not exceed one-fifth (1/5) the amount in the fund; or (C) The fund is dedicated by state constitutional provision, or local government statute, charter, ordinance, or order to pay for from the operation of petroleum USTs. A payment is made to the fund once every year for seven (7) years until the fund is fullyfunded. This seven (7)-year period is referred to as the pay-in-period. The amount of each payment shall be determined by this formula— TF - CF Y where— TF = the total required financial assurance for the owner or operator;

CF = the current amount in the fund; and Y = the number of years remaining in the pay-in-period.

1. The local government owner or operator has available bonding authority, approved through voter referendum (if this approval is necessary prior to the issuance of bonds), for an amount equal to the difference between the required amount of coverage and the amount held in the dedicated fund. This bonding authority shall be available for taking corrective action and for compensating third parties for bodily injury and property damage operation of petroleum USTs; or 2. The local government owner or operator has a letter signed by the appropriate state attorney general stating that the use of the bonding authority will not increase the local government’s debt beyond the legal debt ceilings established by the relevant state laws.

The letter must also state that prior voter approval is not necessary before use of the bonding authority.

(2) To demonstrate that it meets the requirements of the local government fund, the chief financial officer of the local government owner or operator, guarantor, or both, shall sign a letter worded exactly as specified in Form 18, included herein.

46CODE OF STATE REGULATIONS

Form 18—Local Government Fund The following text should be used to comply with the requirements of 10 CSR 26-3.115(1)(D) as follows, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted:

I am the chief financial officer of [insert name and address of local government owner or operator, or guarantor]. This letter is in support of the use of the local government fund mechanism to demonstrate financial responsibility for [insert “taking corrective action” and/or “compensating third parties for bodily injury and property damage”] caused by [insert “sudden accidental releases” and/or “non-sudden accidental releases”] in the amount of at least $[insert dollar amount] per occurrence and $[insert dollar amount] annual aggregate arising from operating (an) underground storage tank(s).

Underground storage tanks at the following facilities are assured by this local government fund mechanism: [List for each facility: the name and address of the facility where tanks are assured by the local government fund]. [Insert: “The local government fund is funded for the full amount of coverage required under 10 CSR 26-3.093, or funded for part of the required amount of coverage and used in combination with other mechanisms that provide the remaining coverage,” or “The local government fund is funded for ten (10) times the full amount of coverage required under 10 CSR 26-3.093, or funded for part of the required amount of coverage and used in combination with other mechanisms that provide the remaining coverage,” or “A payment is made to the fund once every year for seven (7) years until the fund is fully-funded] and [name of local government owner or operator] has [available bonding authority, approved through voter referendum, of an amount equal to the difference between the required amount of coverage and the amount held in the dedicated fund” or “A payment is made to the fund once every year for seven (7) years until the fund is fully-funded and I have attached a letter signed by the state attorney general stating that 1) the use of the bonding authority will not increase the local government’s debt beyond the legal debt ceilings established by the relevant state laws and 2) that prior voter approval is not necessary before use of the bonding authority”].

The details of the local government fund are as follows: Amount in Fund (market value of fund of close of last fiscal year): [If fund balance is incrementally funded as specified in 10 CSR 26-3.107(1)(C), insert:

Amount added to fund in the most recently completed fiscal year:

Number of years remaining in the pay-in-period:]

A copy of the state constitutional provision, or local government statute, charter, ordinance, or order dedicating the fund is attached.

I hereby certify that the wording of this letter is identical to the wording specified in 10 CSR 26-3.115(2) as the regulations were constitut- 11.115. Original rule filed Aug. 3, 1993, 48CODE OF STATE REGULATIONS

### **Chapter 4** Underground Storage Tanks - Administrative Penalties

##### **10 CSR 26-4.080** Administrative Penalty Assessment {#sec-10-csr-26-4.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-4.080}

PURPOSE: This rule establishes the procedures for assessment of administrative penalties.

(1) General Provisions.

(A) Pursuant to section 319.127, RSMo, and in addition to any other remedy provided by law, upon determination by the director that a provision of sections 319.100–319.139, RSMo, or a standard, limitation, order or

rule promulgated, or a term or condition of any permit has been violated, the director may issue an order assessing an administrative penalty upon the violator. The amount of the administrative penalty will be determined according to section (3) of this rule. In no event may the total penalty assessed per day of violation exceed the statutory maximum specified in section 319.127, RSMo.

(B) An administrative penalty shall not be imposed until the department has sought to resolve the violations through conference, conciliation, and persuasion and shall not be imposed for minor violations. If the violation is resolved through conference, conciliation, and persuasion, no administrative penalty shall be assessed unless the violation has caused, or had the potential to cause, a risk to human health or to the environment, or has caused or had the potential to cause pollution, or was knowingly committed, or is not a minor violation.

(C) An order assessing an administrative penalty shall be served upon the operator, owner, or appropriate representative through United States Postal Service certified mail, return receipt requested, a private courier or messenger service which provides verification of delivery or by hand delivery to the operator’s or owner’s residence or place of business. An order assessing an administrative penalty shall be considered served if verified receipt is made by the operator’s or owner’s appropriate representative. A refusal to accept, or a rejection of certified mail, private courier, or messenger service delivery or by hand delivery of an order assessing an administrative penalty constitutes service of the order.

(D) The program may, at any time, withdraw, without prejudice, any administrative order.

(E) An order assessing an administrative penalty shall describe the nature of the violation(s), the amount of the administrative penalty being assessed and the basis of the penalty calculation.

(2) Definitions.

(A) Definitions for key words used in this

rule may be found in 10 CSR 26-2.012 and

section 319.100, RSMo.

(B) Additional definitions specific to this

rule are as follows:

1. Conference, conciliation, and persuasion—A process of verbal or written communication, including but not limited to meetings, reports, correspondence, or telephone conferences between authorized representatives of the department and the alleged violator. The process shall, at minimum, consist of one (1) offer to meet with the alleged violator tendered by the department. During any such meeting, the department and the alleged violator shall negotiate in good faith to eliminate the alleged violation and shall attempt to agree upon a plan to achieve compliance;

2. Economic benefit—Any monetary gain which accrues to a violator as a result of noncompliance;

3. Gravity-based assessment—The degree of seriousness of a violation taking into consideration the risk to human health and the environment posed by the violation and considering the extent of deviation from sections 319.100–319.139, RSMo;

4. Minor violation—A violation which possesses a small potential to harm the environment or human health or cause pollution, was not knowingly committed, and is not defined by the United States Environmental Protection Agency as other than minor;

5. Multi-day violation—A violation which has occurred on or continued for two (2) or more consecutive or nonconsecutive days; and 6. Multiple violation penalty—The sum of individual administrative penalties assessed when two (2) or more violations are included in the same complaint or enforcement action.

(3) Determination of Penalties. The calculation of the amount of an administrative penalty will involve the application of a gravitybased assessment under subsection (3)(A) and may involve additional factors for multiple violations, (3)(B), multi-day violations, (3)(C), and economic benefit resulting from noncompliance, (3)(D). The resulting administrative penalty may be further adjusted as specified under (3)(E).

(A) Gravity-Based Assessment. The gravity-based assessment is determined by evaluating the potential for harm posed by the violation and the extent to which the violation deviates from the requirements of the law.

1. Potential for harm. The potential for harm posed by a violation is based on the risk to human health or the environment or to the purposes of implementing the law and associated rules or permits.

A. The risk of exposure is dependent on both the likelihood that humans or the environment may be exposed to contaminants and the degree of potential exposure.

Penalties will reflect the probability the violation either did result in or could have resulted in a release of contaminants in the environment, and the harm which either did occur or would have occurred if the release had in fact occurred.

B. Violations which may or may not pose a potential threat to human health or the environment, but which have an adverse effect upon the purposes of or procedures for implementing the law and associated rules or permits may be assessed a penalty.

C. The potential for harm shall be evaluated according to the following degrees of severity:

(I) Major. The violation poses or may pose a substantial risk to human health or to the environment, or has or may have a substantial adverse effect on the purposes of or procedures for implementing the law and associated rules and/or permits;

(II) Moderate. The violation poses or may pose a significant risk to human health or to the environment, or has or may have a significant adverse effect on the purposes of or procedures for implementing the law and associated rules and/or permits; and (III) Minor. The violation does not pose significant or substantial risk to human health or to the environment, was not knowingly committed, and is not defined by the United States Environmental Protection Agency as other than minor.

2. Extent of deviation. The extent of deviation may range from slight to total disregard of the requirements of the law, and associated rules and permits. The assessment will reflect this range and will be evaluated according to the following degrees of severity:

A. Major. The violator has deviated substantially from the requirements of the law, associated rules, or permits resulting in substantial noncompliance;

B. Moderate. The violator has deviated significantly from the requirements of the law, associated rules, or permits resulting in significant noncompliance; and C. Minor. The violator has deviated slightly from the requirements of the law, ROBINCARNAHAN(11/30/11) associated rules, or permits that does not result in substantial or significant noncompliance; most provisions were implemented as intended; the violation was not knowingly committed; and is not defined by the United States Environmental Protection Agency as other than minor.

3. Gravity-based penalty assessment matrix. The matrix that follows will be used to determine the gravity-based assessment portion of the administrative penalty.

Potential for harm and extent of deviation form the axes of the matrix. The penalty range selected may be adapted to the circumstances of a particular violation.

Gravity-Based Penalty Assessment Matrix (B) Multiple Violation Penalty. Penalties for multiple violations may be determined when a violation is independent of or substantially different from any other violation.

The director may order a separate administrative penalty for that violation as set forth in this rule.

(C) Multi-Day Penalty. Penalties for multi-day violations may be determined when the director has concluded that a violation(s) has continued or occurred for more than one (1) day. Multi-day penalty assessments will be determined by using the Multi-Day Penalty Assessment Matrix that follows. The director may seek penalties for each day of noncompliance not to exceed the amount of the civil penalty specified in section 319.127, RSMo.

Multi-Day Penalty Assessment Matrix (D) Economic Benefit. Any economic benefits, including delayed and avoided costs that have accrued to the violator as a result of noncompliance will be added to the penalty amount. Determination will be made by the department using an economic benefit formula that provides a reasonable estimate of the economic benefit of noncompliance.

Economic benefit may be excluded from the administrative penalty if— 1. The economic benefit is an insignificant amount;

2. There are compelling public concerns that would not be served by taking a case to trial; or 3. It is unlikely that the department would be able to recover the economic benefit in litigation based on the particular case.

(E) Adjustments. The department may add to or subtract from the total amount of the penalty after consideration of the following adjustments:

1. Recalculation of penalty amount.

After the issuance of an order by the department, if new information about a violation becomes available which indicates that the original penalty calculation may have been incorrect, the department may recalculate the penalty. No adjustments will be made once a settlement agreement has been signed by all parties;

2. Good faith efforts to comply. The department may adjust a penalty amount downward if good faith efforts have been adequately documented by the violator. Good faith efforts include, but are not limited to, documentation that the violator has reported noncompliance or instituted measures to remedy the violation prior to detection by the department. However, good faith efforts to achieve compliance after agency detection are assumed and are not grounds for decreasing the penalty amount;

3. Culpability. In cases of heightened culpability which do not meet the standard of criminal activity, the penalty may be increased at the department’s discretion, within the ranges of the matrix. Likewise, in cases where there is a demonstrable absence of culpability, the department may decrease the penalty. Lack of knowledge of the law and any associated rule and/or permit shall not be a basis of decreased culpability. The following criteria will be used to determine culpability:

A. How much control the violator had over the events constituting the violation;

B. The foreseeability of the events constituting the violation;

C. Whether the violator took reasonable precautions against the events constituting the violation;

D. Whether the violator knew or should have known of the hazards associated with the conduct; and E. Whether the violator knew or should have known of the legal requirement which was violated. This criteria shall be used only to increase a penalty, not to decrease it;

4. History of noncompliance. Where there has been a recent history of noncompliance with the law and any associated rule and/or permit, to a degree deemed significant due to frequency, similarity, or seriousness of past violations, and considering the violator’s response to previous enforcement actions, the department may increase the administrative penalty. No downward adjustment is allowed because of this factor;

5. Ability to pay. When a violator has adequately documented that payment of all or a portion of the administrative penalty will preclude the violator from achieving compliance or from carrying out important remedial measures, the department may— A. Waive any of the administrative penalty; or B. Negotiate a delayed payment schedule, installment plan, or penalty reductions with stipulated penalties; and 6. Other adjustment factors. This rule allows for other penalty adjustments based on fairness and equity not mentioned in this rule which may arise on a case-by-case basis.

(4) The proceeds from any administrative penalty assessed in accordance with this rule shall be paid to the county treasurer of the county in which the violation(s) occurred for the use and benefit of the county schools.

(5) Natural Resource Damages. Nothing in this rule shall be construed as satisfying any claim by the state for natural resource damages.

Rescinded and readopted: Filed April 15, 1999, effective March 30, 2000. Moved and amended: Filed April 15, 2011, effective Dec. 30, 2011. *Original authority: 319.137, RSMo 1989, amended 1993, 1995, 2004 and 319.139, RSMo 1981, amended 1993, 2004.

4CODE OF STATE REGULATIONS

(11/30/11) ROBINCARNAHAN

**History**
- *AUTHORITY: sections 319.137 and 319.139, RSMo Supp. 2010. This rule originally filed as 10 CSR 20-13.080. Original rule filed Dec. 31, 1991, effective Aug. 6, 1992.*

### **Chapter 5** Aboveground Storage Tanks - Release Response

##### **10 CSR 26-5.010** Applicability and Definitions waters of the state. {#sec-10-csr-26-5.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-5.010}

This rule specifies which aboveground storage tanks must comply with the technical requirements set forth in this

chapter and defines specific words used in this chapter so that the meaning of these terms, and their application in the rules of this chapter, is easily understood.

(1) The requirements in this chapter apply to the owner or operator of any facility on which one (1) or more aboveground storage tanks (AST), as the term is defined in this rule, is located.

(2) “Aboveground storage tank (AST)” or “AST System” means any one (1) or a combination of tanks, including pipes connected thereto, used to contain an accumulation of regulated substances and the volume of which, including the volume of the aboveground pipes connected thereto, is more than ninety percent (90%) above the surface of the ground, and is utilized for the sale of products regulated by Chapter 414, RSMo. The term does not include those tanks listed below or aboveground storage tanks at petroleum pipeline terminals. The following are not considered aboveground storage tanks:

(A) Underground storage tanks (USTs) as defined in 319.100, RSMo;

(B) Farm or residential tanks, regardless of size, used for storing motor fuel for noncommercial purposes;

(C) Tanks used for storing heating oil for consumptive use on the premises where stored;

(D) Septic tanks;

(E) Pipeline facilities, including gathering lines, regulated under:

1. The federal Natural Gas Pipeline Safety Act of 1968 (P.L. 90-481), as amended; or 2. The federal Hazardous Liquid Pipeline Act of 1979 (P.L. 96-129), as amended;

(F) Pipeline facilities regulated under state laws comparable to the provisions of law referred to in subsection (E) of this section;

(G) Surface impoundments, pits, ponds, or lagoons;

(H) Storm water or waste water collection systems;

(I) Flow-through process tanks;

(J) Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations;

(K) Storage tanks situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the storage tank is situated upon or above the surface of the floor; and (L) Transformers, circuit breakers, or other equipment or machinery that contain regulated substances for operational purposes.

(3) “Beneath the surface of the ground” means beneath the ground surface or otherwise covered with earthen materials.

(4) “Department,” unless otherwise stated, means the Missouri Department of Natural Resources.

(5) “Free product” refers to a regulated substance that is present as a non-aqueous phase liquid (for example, pools of regulated substances at the surface or perched in the subsurface on top of an impermeable rock stratum or on top of groundwater).

(6) “Pipe” or “piping” means a hollow cylinder or tubular conduit constructed of nonearthen materials.

(7) “Regulated substance” means:

(A) “Petroleum,” which is crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (sixty degrees Fahrenheit (60°F) and 14.7 pounds per square inch absolute); or (B) Other substances stored and approved for use as an alternative motor vehicle fuel by the United States Environmental Protection Agency, the Missouri Department of Agriculture, or the Missouri Department of Natural Resources, including, but not limited to:

1. Nonpetroleum or petroleum/nonpetroleum blended fuels such as biomass fuels, soydiesel or other biodiesels;

2. Neat alcohols (such as ethanol or methanol);

3. Alcohol-blended fuels;

4. Innovative or advanced technology petroleum fuels that are liquid at standard conditions of temperature or pressure (sixty degrees Fahrenheit (60°F) and 14.7 pounds per square inch absolute).

(8) “Release” includes, but is not limited to, any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of regulated substances from an AST onto the ground surface or into groundwater, surface water, or subsurface soils.

(A) A release is “confirmed,” for purposes of the rules in this chapter, upon discovery or observation of regulated substances on the ground surface or in groundwater, surface water, or subsurface soils.

(B) A release is “suspected,” for purposes of the rules in this chapter, anytime there is any indication of the presence of regulated substances on the ground surface or in groundwater, surface water, or subsurface soils. Factors indicating the presence of regulated substances in the environment include, but are not limited to, erratic behavior of dispensing equipment, unexplained loss of product, notification by a third party of a potential release, or some reason other than discovery or observation of environmental contamination.

(9) “Tank” is a stationary device designed to contain an accumulation of regulated substances and constructed of non-earthen materials (for example, concrete, steel, or fiberglass-reinforced plastic) that provide structural support. 15.010. Original rule filed Sept. 13, 2001,

##### **10 CSR 26-5.020** Release Reporting and Initial Release Response Measures waters of the state. Specifically, this rule establishes procedures for reporting suspected releases, responding to releases and the subsequent steps necessary to ensure that a release is properly investigated and cleaned up. {#sec-10-csr-26-5.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-5.020}

This rule also describes the first steps that shall be taken to abate or stop the spread of contaminants, mitigate and determine the extent of the release, and requires spilled free product to be collected and removed from the environment immediately. The rule further establishes requirements for verification of a release, and for conducting off-site investigations following reported or suspected releases if off-site migration is suspected.

(1) Reporting Releases and Suspected Releases. Unless otherwise provided in this

rule, owners and operators of aboveground storage tanks (ASTs) shall report any suspected or confirmed release of a regulated substance to the Department of Natural Resources’ Emergency Spill Line at (573) 634-2436 at the earliest practical moment within twenty-four (24) hours of discovery of the suspected or confirmed release.

Immediately upon the discovery or observation of regulated substances on the ground surface or in groundwater, surface water, or subsurface soils, the owner or operator shall complete the following:

(A) The initial release response measures described in section (7) of this rule;

(B) If necessary, the free product recovery measures described in section (8) of this rule.

(2) System Test. For any suspected release that has not been confirmed by discovery or observation of regulated substances on the ground surface or in groundwater, surface water, or subsurface soils, the owner or operator of the AST shall take measures as necessary to determine whether a leak exists in either any portion of the tank or piping that routinely contains product or in the attached delivery piping, or in both. Measures that satisfy this requirement include, but are not limited to, hydrostatic testing of the AST system in accordance with API Standard 650, F- 4 to F-7.6, air testing of the AST system, or a visual inspection of the tank bottom.

(A) Upon confirmation of a release, the owner or operator of the AST shall initiate the initial release response actions described in section (7) of this rule.

(B) If it is determined that no release has occurred, and there is no other indication of regulated substances on the ground surface or in groundwater, surface water, or subsurface soil, further investigation is not required.

(3) Exceptions. Following are exceptions to the requirement to report any suspected or confirmed release of a regulated substance to the environment.

(A) No further action is necessary for any release or spill of twenty-five (25) gallons or less, provided the release or spill is immediately contained and cleaned up.

(B) No further action is necessary for any release or spill that is completely contained within secondary containment structures, provided the secondary containment structure is functionallyliquid-tight, and has the ability to contain any released product until the release or spill is cleaned up.

(4) Presumption of Release. A release is presumed upon discovery or observation by any person of the presence of regulated substances on the ground surface or in groundwater, surface water, or subsurface soil, or any indication that a release to the environment has occurred at the AST site or in the surrounding area. Examples include the presence of free product or vapors in soils, basements, sewer lines, utility lines, and nearby surface or drinking water.

(5) Investigation Due To Off-Site Impacts.

The department may require an owner or operator of an AST to measure for the presence of contamination as described in sub-

section (7)(E) of this rule when, in the judgment of the department, it is necessary to establish whether an AST is the source of off-site contamination. The department’s judgment shall be based upon documented physical evidence of a release at the AST site, including, but not limited to, the discovery of free product or vapors in soils, basements, sewer lines, utility lines, or nearby surface waters or drinking water supplies.

(6) Investigation Due to Closure.

(A) Upon closure of an AST in accordance with applicable rules of the Department of Agriculture, the department may require an owner or operator of an AST to measure for the presence of contamination as described in subsection (7)(E) of this rule when, in the judgment of the department, it is necessary to establish whether there has previously been a release at the former AST site or to establish whether potential contamination from any buried piping left in place poses a current or potential threat to cause pollution to waters of the state. The department’s judgment shall be based upon documented physical evidence of a release at the AST site, including, but not limited to, the discovery of free product or vapors in soils, basements, sewer lines, utility lines, or nearby surface waters or drinking water supplies.

(B) The department may require the owner or operator of an AST permanently closed prior to the effective date of this rule to measure for the presence of contamination at the former tank site if, in the judgment of the department, releases from the AST and/or its buried piping pose a current or potential threat to cause pollution to the waters of the state. The department’s judgment shall be based upon documented physical evidence of a release at the former AST site, including, but not limited to, the discovery of free product or vapors in soils, basements, sewer lines, utility lines, or nearby surface waters or drinking water supplies.

(7) Initial Release Response Measures.

Owners or operators of ASTs shall:

(A) Remove as much of the regulated substances from the AST as is necessary to prevent further release to the environment;

(B) Visually inspect any released substances and prevent further migration of the release into surrounding soils and groundwater;

(C) Monitor and mitigate any environmental hazards posed by vapors or free product that have migrated from the AST site and entered subsurface structures such as sewers, basements, or subsurface utility conduits or trenches;

(D) Remedy hazards posed by excavated or exposed contaminated soils that result from 4CODE OF STATE REGULATIONS (11/30/11) ROBINCARNAHAN initial release response activities. Any treatment or disposal of contaminated soils shall be in compliance with applicable state and local requirements;

(E) Collect and analyze at least one (1) soil or groundwater sample as necessary to establish the presence of contamination. The sample(s) must be collected in a location where contamination is most likely to be present at the AST site. In selecting the location of the sample(s), the owner or operator shall consider the nature of the stored substance, the type of backfill around the release if outside the secondary containment, or the secondary containment if the secondary containment is not constructed of impermeable material, depth to groundwater, and all other factors appropriate for identifying the presence and source of the release; and (F) Investigate the site to determine whether free product is present. If free product is present, then free product removal activities shall begin immediately.

(8) Free Product Removal. The owner or operator of the AST shall immediately remove as much free product as practicable.

Any actions initiated or required under this

section shall be continued until the department determines otherwise, except that changes to free product recovery effects may be instituted without prior approval provided that the department is notified in writing of the intended changes at least five (5) days in advance of the proposed implementation date.

The department may modify or deny the request as necessary. Upon discovery of free product, the owner or operator shall, at a minimum:

(A) Remove free product to minimize the spread of contamination into previously uncontaminated zones. The recovery and disposal techniques shall be appropriate to the hydrogeologic conditions at the site.

Recovered by-products shall be treated, discharged, or disposed of in compliance with applicable local, state, and federal regulations;

(B) Use abatement of free product migration as a minimum objective for free product removal;

(C) Handle all flammable products and/or wastes in a safe manner to prevent fires or explosions;

(D) Include information about free product recovery in the report submitted to the department, as required by section (9) of this

rule. The report shall provide at least the following information:

1. The name of the person(s) responsible for implementing the free product removal measures;

2. The estimated quantity, type and thickness of free product observed or measured in wells, boreholes, and excavations;

3. The type of free product recovery system used;

4. Whether any discharge will take place on-site or off-site during the recovery operation and the location of this discharge;

5. The type of treatment applied to, and the effluent quality expected from, any discharge;

6. The steps that have been or are being taken to obtain necessary permits for any discharge;

7. The quantity and disposition of the recovered free product; and 8. The location and the appearance of the free product; and (E) Upon completion of the activities required by this section, the owner or operator of the AST shall continue with the initial release response measures described in section (7) of this rule.

(9) Written Report. The owner or operator of the AST shall submit a written report on all activities required by this rule to the department within thirty (30) days of the date of discovery of the release. The report shall demonstrate compliance with all applicable requirements of this rule. Upon request, the department may allow another reasonable period of time for submission of the report.

Upon review of this report, the department will determine whether the owner or operator must conduct a site characterization, as described in 10 CSR 26-5.030. If, in the judgment of the department, the information in the report is insufficient to adequately make this determination, the department may request additional information. 15.020. Original rule filed Sept. 13, 2001,

##### **10 CSR 26-5.030** Site Characterization and Corrective Action waters of the state. Further, this rule specifies the procedures for soil and groundwater investigations or characterization of the release at the site, and lists the requirements for corrective action plans for cleanup of releases from aboveground storage tank sites. {#sec-10-csr-26-5.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 26-5.030}

In addition, this rule specifies the type of information required to be submitted by the owner or operator to the department, upon completion of these phases of activities.

(1) Site Characterization.

(A) At the request of the department in response to a release, the owner or operator of an AST shall conduct a site characterization to include a full investigation of the release, the release site, and the surrounding area to determine the full extent and location of soils contaminated by the release and the presence and concentrations of contamination in the groundwater if the Initial Release Response Report submitted in compliance with 10 CSR 26-5.020 documents any of the following:

1. Contaminated groundwater or surface water above action levels;

2. Contaminated soils above action levels;

3. Presence of free product; or 4. Some other characteristic determined by the department to require further investigation because of its potential to result in pollution of the waters of the state or a potential threat to human health and the environment.

(B) An owner or operator of an AST shall follow a written procedure for conducting the site characterization of the release site. The department’s Site Characterization Guidance Document may be used as a written procedure. Other written procedures may be used with prior written approval from the department.

(2) Site Characterization Reporting. A site characterization shall include, at a minimum, information about the site and the nature of the release. The site characterization report containing this information shall be submitted to the department within forty-five (45) days of date of the department’s request to conduct site characterization in subsection (1)(A) of this rule. The department may approve an alternative reporting schedule. This information shall include, but is not limited to, the following:

(A) Data regarding the type of product released and an estimate of the quantity;

(B) Data from available sources or site investigations concerning the following factors:

1. Surrounding land use;

2. The hydrogeologic characteristics of the site and the surrounding area;

3. Use and approximate locations of wells affected or potentially affected by the release;

4. Surface and subsurface soil conditions at the site and the immediate surrounding area;

5. Locations of subsurface utilities;

6. The proximity, quality, and current and potential future uses of nearby surface and groundwater;

7. The potential effects of residual contamination on nearby surface and groundwater; and 8. Any additional relevant information assembled while carrying out the steps required in 10 CSR 26-5.020 and this rule.

(3) Corrective Action. Based upon the results of the site characterization, the owner or operator of the AST may be required to submit to the department a plan for corrective action that provides for adequate protection of human health and the environment, as determined by the department. The owner or operator of the AST shall modify the plan as necessary to meet this standard.

(A) If a plan is required, the owner or operator shall submit the plan within fortyfive (45) days or according to a schedule and format established by the department.

(B) Even if not requested by the department, an owner or operator of an AST may elect to submit a corrective action plan.

(C) Once a plan has been submitted, the department will review the corrective action plan to ensure that implementation of the plan will adequately protect human health and the environment. In making this determination, the department will consider the factors listed in subsection (2)(B) of this rule.

(D) Upon written approval of the plan, or as directed by the department, the owner or operator of the AST shall implement the plan, including any modifications to the plan made by the department. The owner or operator shall evaluate and report the results of implementing the plan in accordance with a schedule and in a format established by the department.

(E) An owner or operator of an AST may begin remediation of soil and groundwater prior to approval of the corrective action plan provided they:

1. Notify the department in writing of their intention to begin cleanup;

2. Comply with any conditions imposed by the department, including cessation of remedial activities or mitigation of adverse consequences from cleanup activities; and 3. Incorporate all self-initiated remedial measures into the corrective action plan submitted to the department for approval.

(F) An owner or operator of an AST shall follow a written procedure for establishing a corrective action plan. The department’s Corrective Action Guidance Document may be used as a written procedure. Other written procedures may be used with prior written approval from the department. 15.030. Original rule filed Sept. 13, 2001, 6CODE OF STATE REGULATIONS (11/30/11) ROBINCARNAHAN

## **Division 30** Land Survey

### **Chapter 1** Organization and Description

##### **10 CSR 30-1.010** General Organization {#sec-10-csr-30-1.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-1.010}

(Rescinded April 30, 2018)

Original rule filed June 14, 1976, effective Nov. 15, 1976. Rescinded: Filed Sept. 20, 2017, effective April 30, 2018.

JOHNR. ASHCROFT(3/31/18)

**History**
- *AUTHORITY: section 60.510(7), RSMo 1986.*

### **Chapter 2** Missouri Minimum Standards for Property Boundary Surveys

##### **10 CSR 30-2.040** Accuracy Standards for Property Boundary Surveys NATURAL RESOURCES for Property Boundary Surveys {#sec-10-csr-30-2.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-2.040}

##### **10 CSR 30-2.010** Application of Standards 1988. Original rule filed Dec. 8, 1975, effective Dec. 18, 1975. Amended: Filed Feb. 10, 1982, effective May 13, 1982. Amended: {#sec-10-csr-30-2.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-2.010}

Filed Feb. 14, 1984, effective May 11, 1984.

Amended: Filed Oct. 15, 1984, effective Feb. 11, 1985. Readopted: Filed March 18, 1987, effective June 25, 1987. Rescinded: Filed March 21, 1989, effective August 11, 1989.

Rescinded and readopted: Filed May 3, 1994, effective Dec. 30, 1994. Rescinded: Filed Sept. 20, 2017, effective April 30, 2018.

##### **10 CSR 30-2.020** Definitions {#sec-10-csr-30-2.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-2.020}

**History**
- *AUTHORITY: sections 60.510(7), 60.550 Oct. 30, 2003. Rescinded: Filed Sept. 20,*

##### **10 CSR 30-2.030** General Land Surveying Requirements Oct. 30, 2003. Rescinded: Filed Sept. 20, {#sec-10-csr-30-2.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-2.030}

##### **10 CSR 30-2.040** Accuracy Standards for Property Boundary Surveys {#sec-10-csr-30-2.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-2.040}

**History**
- *AUTHORITY: sections 60.510(7), 60.550, Oct. 30, 2003. Rescinded: Filed Sept. 20,*

##### **10 CSR 30-2.050** Use of Missouri Coordinate System, 1983 1988. Original rule filed May 3, 1994, effective Dec. 30, 1994. Rescinded: Filed Sept. 20, 2017, effective April 30, 2018. {#sec-10-csr-30-2.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-2.050}

##### **10 CSR 30-2.060** Approved Monumentation {#sec-10-csr-30-2.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-2.060}

**History**
- *AUTHORITY: sections 60.510(7), 60.550 Oct. 30, 2003. Rescinded: Filed Sept. 20,*

##### **10 CSR 30-2.070** Detail Requirements for Resurveys {#sec-10-csr-30-2.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-2.070}

**History**
- *AUTHORITY: sections 60.510(7), 60.550, Oct. 30, 2003. Rescinded: Filed Sept. 20,*

##### **10 CSR 30-2.080** Detail Requirements for Original Surveys Oct. 30, 2003. Rescinded: Filed Sept. 20, {#sec-10-csr-30-2.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-2.080}

##### **10 CSR 30-2.090** Detail Requirements for Subdivision Surveys Oct. 30, 2003. Rescinded: Filed Sept. 20, {#sec-10-csr-30-2.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-2.090}

##### **10 CSR 30-2.100** Detail Requirements for Condominium Surveys Oct. 30, 2003. Rescinded: Filed Sept. 20, {#sec-10-csr-30-2.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-2.100}

##### **10 CSR 30-2.110** Location of Improvements and Easements 1988. Original rule filed May 3, 1994, effective Dec. 30, 1994. Rescinded: Filed Sept. 20, 2017, effective April 30, 2018. {#sec-10-csr-30-2.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-2.110}

JOHNR. ASHCROFT(3/31/18)

### **Chapter 3** United States Public Land Survey Corners

##### **10 CSR 30-3.010** Definitions {#sec-10-csr-30-3.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-3.010}

(Moved to 2 CSR 90-61.010)

##### **10 CSR 30-3.020** Authorization for Removal or Alteration of Corners {#sec-10-csr-30-3.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-3.020}

(Moved to 2 CSR 90-61.020)

##### **10 CSR 30-3.030** Reestablished or Restored Corners {#sec-10-csr-30-3.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-3.030}

(Rescinded June 30, 2017)

Rescinded: Filed Dec. 1, 2016, effective June 30, 2017.

**History**
- *AUTHORITY: sections 60.321, RSMo Supp. 1989 and 60.550, RSMo 1986. Original rule filed May 3, 1994, effective Dec. 30, 1994.*

##### **10 CSR 30-3.040** Procedure for Filing Documents {#sec-10-csr-30-3.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-3.040}

(Moved to 2 CSR 90-61.040)

##### **10 CSR 30-3.050** Monumentation {#sec-10-csr-30-3.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-3.050}

(Moved to 2 CSR 90-61.050)

##### **10 CSR 30-3.060** Monument Marking {#sec-10-csr-30-3.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-3.060}

(Rescinded June 30, 2017)

Rescinded: Filed Dec. 1, 2016, effective June 30, 2017

**History**
- *AUTHORITY: sections 60.321, RSMo Supp. 1989 and 60.550, RSMo 1986. Original rule filed May 3, 1994, effective Dec. 30, 1994.*

##### **10 CSR 30-3.070** Missouri Coordinate System of 1983 {#sec-10-csr-30-3.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-3.070}

(Moved to 2 CSR 90-61.070)

##### **10 CSR 30-3.080** Approved Documents {#sec-10-csr-30-3.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-3.080}

(Moved to 2 CSR 90-61.080)

JOHNR. ASHCROFT(5/31/17)

### **Chapter 4** First and Second Order Horizontal and Vertical Control

##### **10 CSR 30-4.010** Definitions {#sec-10-csr-30-4.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-4.010}

(Moved to 2 CSR 90-62.010)

##### **10 CSR 30-4.020** Horizontal Control Classification {#sec-10-csr-30-4.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-4.020}

(Moved to 2 CSR 90-62.020)

##### **10 CSR 30-4.030** Accuracy of Horizontal Control {#sec-10-csr-30-4.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-4.030}

(Moved to 2 CSR 90-62.030)

##### **10 CSR 30-4.040** Acceptance and Publication by Missouri Department of Agriculture {#sec-10-csr-30-4.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-4.040}

(Moved to 2 CSR 90-62.040)

##### **10 CSR 30-4.050** GPS Survey Guidelines {#sec-10-csr-30-4.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-4.050}

(Moved to 2 CSR 90-62.050)

##### **10 CSR 30-4.060** Traverse Survey Guidelines {#sec-10-csr-30-4.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-4.060}

(Moved to 2 CSR 90-62.060)

##### **10 CSR 30-4.070** Waiver of 1 Km Limitation {#sec-10-csr-30-4.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-4.070}

(Rescinded June 30, 2017)

JOHNR. ASHCROFT(5/31/17)

**History**
- *AUTHORITY: sections 60.451.3. and 60.461, RSMo 1986. Original rule filed May 3, 1994, effective Dec. 30, 1994. Rescinded: Filed Dec. 1, 2016, effective June 30, 2017.*

### **Chapter 5** * - moved to 2 CSR 90-63

##### **10 CSR 30-5.011** Surveyor’s Real Property Report {#sec-10-csr-30-5.011 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-5.011}

(Moved to 2 CSR 90-63.010)

##### **10 CSR 30-5.020** Required Work Order Form {#sec-10-csr-30-5.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-5.020}

(Moved to 2 CSR 90-63.020)

JOHNR. ASHCROFT(1/29/17)

### **Chapter 6** * - moved to 2 CSR 90-64

##### **10 CSR 30-6.010** Definitions {#sec-10-csr-30-6.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-6.010}

(Moved to 2 CSR 90-64.010)

##### **10 CSR 30-6.020** Map Accuracy Standards {#sec-10-csr-30-6.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-6.020}

(Moved to 2 CSR 90-64.020)

##### **10 CSR 30-6.030** Certification of the Map {#sec-10-csr-30-6.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 30-6.030}

(Moved to 2 CSR 90-64.030)

JOHNR. ASHCROFT(1/29/17)

## **Division 40** Missouri Mining Commission

### **Chapter 1** Organization

##### **10 CSR 40-1.010** Organization and Method of Operation {#sec-10-csr-40-1.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-1.010}

(Rescinded August 30, 2018)

Original rule filed June 14, 1976, effective Nov. 15, 1976. Amended: Filed Sept. 15, 1994, effective April 30, 1995. Rescinded:

Filed Jan. 10, 2018, effective Aug. 30, 2018.

Op. Atty. Gen. No. 235, Bond (6-18-74).

The positions of executive secretary of the Air Conservation Commission, Clean Water Commission, and Interagency Council for Outdoor Recreation are abolished and the director of the Department of Natural Resources shall cause the policies of these boards to be executed and directors of staff shall be appointed by the director of the department to service these agencies; the position of director of the Missouri Mining Commission continues and the commission shall select such director who shall be the “director of staff”; and none of these positions are merit positions under Chapter 36, RSMo.

**History**
- *AUTHORITY: section 444.530, RSMo 1994.*

### **Chapter 2** Land Reclamation Performance Requirements for Coal Strip Mining

##### **10 CSR 40-2.020** General Obligations for Permits, Maps, Signs and Markers {#sec-10-csr-40-2.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-2.020}

##### **10 CSR 40-2.030** Restoration of Affected Land to Equivalent Prior Use {#sec-10-csr-40-2.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-2.030}

##### **10 CSR 40-2.060** Protection of the Hydrologic System by Water Quality Standards and {#sec-10-csr-40-2.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-2.060}

##### **10 CSR 40-2.070** Dams Constructed of or Impounding Waste Material JOHNR. ASHCROFT(7/31/18) {#sec-10-csr-40-2.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-2.070}

NATURAL RESOURCES

Commission Performance Requirements for Coal Strip Mining

##### **10 CSR 40-2.010** Definitions {#sec-10-csr-40-2.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-2.010}

**History**
- *AUTHORITY: sections 444.510 and 444.535, RSMo 1986. Original rule filed July 13, 1978, effective Jan. 13, 1979. Rescinded:*

##### **10 CSR 40-2.020** General Obligations for Permits, Maps, Signs and Markers {#sec-10-csr-40-2.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-2.020}

**History**
- *AUTHORITY: sections 444.535 and 444.550, RSMo 1986. Original rule filed July 13, 1978, effective Jan. 13, 1979. Rescinded:*

##### **10 CSR 40-2.030** Restoration of Affected Land to Equivalent Prior Use {#sec-10-csr-40-2.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-2.030}

**History**
- *AUTHORITY: section 444.535.1(2), RSMo 1986. Original rule filed July 13, 1978, effec-*

##### **10 CSR 40-2.040** Backfilling and Grading Requirements {#sec-10-csr-40-2.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-2.040}

**History**
- *AUTHORITY: section 444.535.1(3), RSMo 1986. Original rule filed July 13, 1978, effec-*

##### **10 CSR 40-2.050** Topsoil Handling {#sec-10-csr-40-2.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-2.050}

**History**
- *AUTHORITY: section 444.535.1(4), RSMo 1986. Original rule filed July 13, 1978, effec-*

##### **10 CSR 40-2.060** Protection of the Hydrologic System by Water Quality Standards and Effluent Limitations {#sec-10-csr-40-2.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-2.060}

**History**
- *AUTHORITY: section 444.535.1(5), RSMo 1986. Original rule filed July 13, 1978, effec-*

##### **10 CSR 40-2.070** Dams Constructed of or Impounding Waste Material {#sec-10-csr-40-2.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-2.070}

**History**
- *AUTHORITY: section 444.535.1(6), RSMo 1986. Original rule filed July 13, 1978, effec-*

##### **10 CSR 40-2.080** Use of Explosives {#sec-10-csr-40-2.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-2.080}

Original rule filed July 13, 1978, effective Jan. 13, 1979. Amended: Filed July 15, 1980, effective Nov. 13, 1980. Rescinded:

**History**
- *AUTHORITY: section 444.535, RSMo 1986.*

##### **10 CSR 40-2.090** Revegetation Requirements {#sec-10-csr-40-2.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-2.090}

Filed April 2, 1986, effective July 26, 1986.

Amended: Filed Aug. 4, 1987, effective Nov. 23, 1987. Rescinded: Filed Jan. 10, 2018, effective Aug. 30, 2018.

**History**
- *AUTHORITY: section 444.535.1(8), RSMo 1986. Original rule filed July 13, 1978, effective Jan. 13, 1979. Amended: Filed June 3, 1985, effective Oct. 28, 1985. Amended:*

##### **10 CSR 40-2.100** Steep-Slope Mining Requirements {#sec-10-csr-40-2.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-2.100}

**History**
- *AUTHORITY: section 444.535.2., RSMo 1986. Original rule filed July 13, 1978, effec-*

##### **10 CSR 40-2.110** Prime Farmlands Performance Requirements {#sec-10-csr-40-2.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-2.110}

Filed Nov. 10, 1980, effective Feb. 12, 1981.

Amended: Filed April 1, 1988, effective July 1, 1988. Amended: Filed Sept. 15, 1988, effective Jan. 15, 1989. Amended: Filed March 2, 1989, effective May 15, 1989.

Amended: Filed July 3, 1990, effective Nov. 30, 1990. Rescinded: Filed Jan. 10, 2018, effective Aug. 30, 2018.

**History**
- *AUTHORITY: sections 444.535.1(1) and 444.810, RSMo 1986. Original rule filed July 13, 1978, effective Jan. 13, 1979. Amended:*

### **Chapter 3** Permanent Performance Requirements for Surface Coal Mining and Related Activities

##### **10 CSR 40-3.100** Requirements for the Protection of Fish, Wildlife and Related Environmental {#sec-10-csr-40-3.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.100}

##### **10 CSR 40-3.150** Requirements for Coal Recovery, Land Reclamation and {#sec-10-csr-40-3.150 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.150}

##### **10 CSR 40-3.180** Casing and Sealing of Exposed Underground Openings 2CODE OF STATE REGULATIONS {#sec-10-csr-40-3.180 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.180}

##### **10 CSR 40-3.190** Requirements for Topsoil Removal, Storage and Redistribution {#sec-10-csr-40-3.190 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.190}

##### **10 CSR 40-3.200** Requirements for Protection of the Hydrologic Balance {#sec-10-csr-40-3.200 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.200}

##### **10 CSR 40-3.210** Requirements for the Use of Explosives for Underground Operations {#sec-10-csr-40-3.210 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.210}

##### **10 CSR 40-3.220** Disposal of Underground Development Waste and Excess Spoil {#sec-10-csr-40-3.220 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.220}

##### **10 CSR 40-3.230** Requirements for the Disposal of Coal Processing Waste {#sec-10-csr-40-3.230 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.230}

##### **10 CSR 40-3.250** Requirements for the Protection of Fish, Wildlife and Related Environmental Values and Protection Against Slides and Other Damage {#sec-10-csr-40-3.250 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.250}

##### **10 CSR 40-3.260** Requirements for Backfilling and Grading for Underground Operations {#sec-10-csr-40-3.260 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.260}

##### **10 CSR 40-3.270** Revegetation Requirements for Underground Operations {#sec-10-csr-40-3.270 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.270}

##### **10 CSR 40-3.280** Requirements for Subsidence Control Associated with {#sec-10-csr-40-3.280 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.280}

##### **10 CSR 40-3.290** Requirements for Road and Other Transportation Associated with {#sec-10-csr-40-3.290 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.290}

##### **10 CSR 40-3.300** Postmining Land Use Requirements for Underground Operations {#sec-10-csr-40-3.300 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.300}

##### **10 CSR 40-3.310** Coal Recovery, Land Reclamation and Cessation of Operation NATURAL RESOURCES Commission Requirements for Surface Coal Mining and Related Activities {#sec-10-csr-40-3.310 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.310}

##### **10 CSR 40-3.010** Signs and Markers— General Requirements {#sec-10-csr-40-3.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.010}

PURPOSE: This rule sets forth general requirements as to signs and markers applicable to permanent performance requirements for surface coal mining in keeping with

section 444.810, RSMo.

(1) Specifications. Signs and markers required under this chapter shall— (A) Be posted and maintained by the person who conducts the surface mining activities;

(B) Be of a uniform design throughout the operation that can be easily seen and read;

(C) Be made of durable material; and (D) Conform to local ordinances and codes.

(2) Duration of Maintenance, Signs and markers shall be maintained during the conduct of all activities to which they pertain.

(3) Mine and Permit Identification Signs.

(A) Identification signs shall be displayed at each point of access to the permit area from public roads.

(B) Signs shall show the name, business address and telephone number of the person who conducts the surface mining activities and the identification number of the current permit authorizing surface mining activities.

(C) Signs shall be retained and maintained until after the release of all bonds for the permit area.

(4) Perimeter Markers. The perimeter of a permit area shall be clearly marked before the beginning of surface mining activities.

(5) Bonded Area Markers. Where the permit area is bonded incrementally, the area bonded shall be clearly marked before the beginning of surface mining activities. Where the permit area is released in segments, the segments released shall be marked at the time of the release inspection unless already delineated by natural or man-made boundaries.

(6) Buffer Zone Markers. Buffer zones, as defined in 10 CSR 40-8.010(1)(A)13., shall be marked along their boundaries as required under 10 CSR 40-3.040(18).

(7) Topsoil Markers. Where topsoil or other vegetation-supporting material is segregated and stockpiled as required under 10 CSR 40- 3.030(3), the stockpiled material shall be clearly marked.

Oct. 30, 2000. 1990, 1993.

**History**
- *AUTHORITY: section 444.530, RSMo 1999. Feb. 11, 1980. Amended: Filed Jan. 5, 1987, effective July 1, 1987. Amended: Filed July Filed May 15, 1992, effective Jan. 15, 1993.*

##### **10 CSR 40-3.020** Requirements for Casing and Sealing of Drilled Holes ments for casing and sealing of drilled holes pursuant to sections 444.810 and 444.855.2(10)(iii), RSMo. expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by (1) General Requirements. Each exploration hole, other drill or borehole, well or other exposed underground opening shall be cased, sealed or otherwise managed, as approved in the permit and plan, to prevent acid or other toxic drainage from entering ground or surface waters, to minimize disturbance to the prevailing hydrologic balance and to ensure the safety of people, livestock, fish and wildlife, and machinery in the mine plan and adjacent area. If these openings are uncovered or exposed by surface mining activities within the permit area, they shall be permanently closed, unless approved for water monitoring or otherwise managed in a manner approved in the permit and plan. Use of a drilled hole or borehole or monitoring well as a water well must meet the provisions of 10 CSR 40-3.040(14) and those of the Wellhead Protection Section, Division of Geology and Land Survey, at 10 CSR 23, {#sec-10-csr-40-3.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.020}

Chapter 6. This section does not apply to holes solely drilled and used for blasting.

(2) Temporary Casing and Sealing. Each exploration hole, other drill or boreholes, wells and other exposed underground openings which have been identified in the approved permit application to be used to monitor the groundwater conditions shall be temporarily sealed before use and protected during use by barricades, fences or other protective devices approved in the permit and plan. These devices shall be inspected periodically and maintained in good operating condition by the person who conducts the surface mining activities.

(3) Permanent Casing and Sealing. When no longer needed for monitoring or other use approved in the permit and plan, upon a finding of no adverse environmental or health or safety effect, or unless approved for transfer as a water well under 10 CSR 40-3.040(14) and those of the Wellhead Protection Section, Division of Geology and Land Survey, at 10 CSR 23, Chapter 6, each exploration hole, other drilled hole or borehole, well and other exposed underground opening shall be capped, sealed, backfilled or otherwise properly managed, as required in the permit and plan under section (1) of this rule and consistent with 30 CFR 75.1711. Permanent closure measures shall be designed to prevent access to the mine workings by people, livestock, fish and wildlife and machinery and to keep acid or other toxic drainage from entering ground or surface waters.

**History**
- *AUTHORITY: section 444.530, RSMo Supp. 1999. Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended: Filed 1990, 1993, 1995.*

##### **10 CSR 40-3.030** Requirements for Topsoil Removal, Storage and Redistribution ments for topsoil removal, storage and redistribution pursuant to sections 444.810 and 444.855.2(5), RSMo. {#sec-10-csr-40-3.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.030}

(1) General Requirements.

(A) Topsoil and subsoils to be saved under

section (2) of this rule shall be separately removed and segregated from other material.

(B) After removal, topsoil shall either be immediately redistributed as required under

section (4) of this rule or stockpiled pending redistribution as required under section (3) of this rule.

(C) Topsoil and subsoils to be saved under

section (2) of this rule shall be removed twenty-five feet (25') in advance of mining unless otherwise stated in the permit.

(2) Topsoil Removal.

(A) Timing. Topsoil shall be removed after vegetative cover that would interfere with the use of the topsoil is cleared from the areas to be disturbed, but before any drilling, blasting, mining or other surface disturbance identified and approved in the permit and (B) Materials to be Removed. All topsoil shall be removed in a separate layer from the areas to be disturbed, unless use of substitute or supplemental materials is approved in the permit and plan in accordance with subsection (2)(E) of this rule. If use of substitute or supplemental materials is approved, all materials to be redistributed shall be removed.

(C) Materials to be Removed in Thin Topsoil Situations. If the topsoil is less than six inches (6"), a six-inch (6") layer that includes the A horizon and the unconsolidated materials immediately below the A horizon or the A horizon and all unconsolidated material if the total available is less than six inches (6”) shall be removed and the mixture segregated and redistributed as the surface soil layer, unless topsoil substitutes are approved in the permit and plan pursuant to subsection (2)(E) of this rule.

(D) Subsoil Segregation. The B horizon and portions of the C horizon, or other underlying layers demonstrated to have qualities for comparable root development shall be segregated and replaced as subsoil, if the permit and plan requires that either of these is necessary or desirable to ensure soil productivity consistent with the approved postmining land use.

(E) Topsoil Substitutes and Supplements.

1. Selected overburden materials may be substituted for or used as a supplement to topsoil, if in the permit and the plan it is determined that the resulting soil medium is equal to or more suitable for sustaining revegetation than is the available topsoil and the substitute material is the best available to support revegetation. This determination shall be based on— A. The results of chemical and physical analyses of overburden and topsoil. These analyses shall include determinations of pH, net acidity or alkalinity, phosphorus, potassium, texture class and other analyses as required in the permit and plan. It may also be required in the permit and plan that results of field-site trials or greenhouse tests be used to demonstrate the feasibility of using these overburden materials; and B. Results of analyses, trials and tests submitted to the director. Certification of trials and tests shall be made by a laboratory approved by the commission or director, stating that the— (I) Proposed substitute material is equal to or more suitable for sustaining the vegetation than is the available topsoil;

(II) Substitute material is the best available material to support the vegetation;

(III) Trials and tests were conducted using standard testing procedures.

2. Substituted or supplemental material shall be removed, segregated and replaced in compliance with the requirements for topsoil under this section.

(F) Limits on Topsoil Removal Area.

These limits shall be addressed and approved as required to meet 10 CSR 40-3.040, 10 CSR 40-3.090, 10 CSR 40-6.040 and 10 CSR 40-6.050. Where the removal of vegetative material, topsoil or other materials may result in erosion which may cause air or water pollution— 1. The size of the area from which topsoil is removed at any one time shall be limited;

2. The surface soil layer shall be redistributed at a time when the physical and chemical properties of topsoil can be protected and erosion can be minimized; and 3. Other measures shall be taken as approved or required in the permit and plan to control erosion.

(3) Topsoil Storage.

(A) Topsoil and other materials removed under section (2) of this rule shall be stockpiled only when it is impractical to promptly redistribute this material on regraded areas.

(B) Stockpiled material shall be selectively placed on a stable area within the permit area, not disturbed and protected from wind and water erosion, unnecessary compaction and contaminants which lessen the capability of the materials to support vegetation when redistributed.

1. Protection measures shall be accomplished either by— A. An effective cover of nonnoxious quickgrowing annual and perennial plants, seeded or planted during the first normal period after removal for favorable planting conditions; or B. Other methods demonstrated in and approved in the permit and plan to provide equal protection.

2. Unless approved in the permit and plan, stockpiled topsoil and other materials shall not be moved until required for redistribution on a regraded area.

(4) Topsoil Redistribution.

(A) After final grading and before the replacement of topsoil and other materials segregated in accordance with section (3) of this rule, regraded land shall be scarified or otherwise treated as required in the permit and plan to eliminate slippage surfaces and to promote root penetration. If the person who conducts the surface mining activities shows through appropriate tests, and the commission or director approves, that no harm will be caused to the topsoil and vegetation, scarification may be conducted after topsoiling.

(B) Topsoil and other material shall be redistributed in a manner that— 1. Achieves an approximate uniform, stable thickness consistent with the approved postmining land uses, contours and surface water drainage system;

2. Prevents excess compaction and/or contamination of the topsoil; and 3. Protects the topsoil from wind and water erosion before and after it is seeded and planted.

(5) Topsoil Nutrients and Soil Amendments.

Nutrients and soil amendments in the amounts determined by soil tests shall be applied to the redistributed surface soil layer, so that it supports the approved postmining land use and meets the revegetation requirements of 10 CSR 40-3.120. All soil tests shall be performed by a qualified laboratory using standard methods approved in the permit and plan.

Feb. 11, 1980. Amended: Filed July 3, 1990, effective Nov. 30, 1990. Amended: Filed Sept. 15, 1994, effective April 30, 1995. *Original authority 1971, amended 1983, 1990, 1993.

##### **10 CSR 40-3.040** Requirements for Protection of the Hydrologic Balance ments for protection of the hydrologic balance pursuant to sections 444.810 and 444.885.2(10), RSMo. entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. {#sec-10-csr-40-3.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.040}

This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no 4CODE OF STATE REGULATIONS This note applies only to the reference material. The entire text of the rule is printed here.

(1) General Requirements.

(A) Surface mining activities shall be planned and conducted to minimize changes to the prevailing hydrologic balance in both the mine plan and adjacent areas in order to prevent long-term adverse changes in that balance that could result from those activities.

(B) Mining and reclamation activities shall be conducted to prevent material damage to the hydrologic balance outside the permit area.

(C) Changes in water quality and quantity, in the depth to groundwater and in the location of surface water drainage channels shall be minimized so that the approved postmining land use of the permit area is not adversely affected.

(D) In no case shall federal and state water quality statutes, regulations, standards, or effluent limitations be violated.

(E) Operations shall be conducted to minimize water pollution and, where necessary, treatment methods shall be used to control water pollution.

1. Each person who conducts surface mining activities shall emphasize mining and reclamation practices that prevent or minimize water pollution. Changes in flow of drainage shall be used in preference to the use of water treatment facilities.

2. Acceptable practices to control and minimize water pollution include, but are not limited to:

A. Stabilizing disturbed areas through land shaping;

B. Diverting runoff;

C. Achieving quickly germinating and growing stands of temporary vegetation;

D. Regulating channel velocity of water;

E. Lining drainage channels with rock or vegetation;

F. Mulching;

G. Selectively placing and sealing acid- and toxic-forming materials; and H. Selectively placing waste materials in backfill areas.

3. If the practices listed in paragraph (1)(E)2. of this rule are not adequate to meet the requirements of this chapter, the person who conducts surface mining activities shall operate and maintain the necessary water treatment facilities for as long as treatment is required under this chapter.

(2) Water Quality Standards and Effluent Limitations.

(A) General Limitations.

1. All surface drainage from the disturbed area, including disturbed areas that have been graded, seeded, or planted, shall be passed through a siltation structure or a series of siltation structures before leaving the permit area.

2. Siltation structures and other treatment facilities shall be maintained until the disturbed area has been restored and the vegetation requirements of 10 CSR 40-3.120 are met and the quality of the untreated drainage from the disturbed area meets the applicable state and federal water quality standards and requirements for the receiving stream.

3. Exemptions may be granted in the permit and plan from these requirements only when— A. The disturbed drainage area within the total disturbed area is small; and B. The person who conducts the surface mining activities demonstrates that siltation structures and treatment facilities are not necessary for drainage from the disturbed drainage areas to meet the effluent limitations of the applicable state and federal water quality standards for downstream receiving waters.

4. For the purpose of this section only, disturbed area shall not include those areas in which only diversion ditches, siltation structures, or roads are installed in accordance with this chapter and the upstream area is not otherwise disturbed by the person who conducts the surface mining activities.

5. Siltation structures required by this

section shall be constructed in accordance with section (6) of this rule, in appropriate locations before beginning any surface mining activities in the drainage area to be affected.

6. Where the siltation structure or series of siltation structures is used so as to result in the mixing of drainage from the disturbed areas with drainage from other areas not disturbed by current surface coal mining and reclamation operations, the permittee shall achieve the effluent limitations set forth in the following for all of the mixed drainage when it leaves the permit area.

(B) Discharges of water from areas disturbed by surface mining activities shall be made in compliance with all applicable state and federal water quality laws and regulations and with the effluent limitations for coal mining promulgated by the Missouri Clean Water Commission set forth in 10 CSR 20-7.015 and promulgated by the federal government set forth in the Federal Water Pollution Control Act, P.L. 92-500, 92nd Congress.

(C) Adequate facilities shall be installed, operated, and maintained to treat any water discharged from the disturbed area so that it complies with all federal and state laws, regulations, and limitations of this section. If the pH of water to be discharged from the disturbed area is less than 6.0, an automatic lime feeder or other automatic neutralization process approved in the permit and plan shall be installed, operated, and maintained. The permit and plan may authorize the use of a manual system, if it is found that— 1. Flow is infrequent and presents small and infrequent treatment requirements to meet applicable standards which do not require use of an automatic neutralization process; and 2. Timely and consistent treatment is ensured.

(3) Diversions and Conveyance of Overland Flow and Shallow Groundwater Flow and Ephemeral Streams. Overland flow, including flow through litter and shallow groundwater flow from undisturbed areas, and flow in ephemeral streams, may be diverted away from disturbed areas by means of temporary or permanent diversions, if required or approved in the permit and plan as necessary to minimize erosion, to reduce the volume of water to be treated and to prevent or remove water from contact with acid- or toxic-forming materials. The following requirements shall be met for all diversions and for all collection drains that are used to transport water into water treatment facilities and for all diversions of overland and shallow groundwater flow and ephemeral streams:

(A) Temporary diversions shall be constructed to pass safely the peak runoff from a precipitation event with a two- (2-) year recurrence interval or a larger event as specified in the permit and plan;

(B) To protect fills and property and to avoid danger to public health and safety, permanent diversions shall be constructed to pass safely the peak runoff from a precipitation event with a ten- (10-) year recurrence interval or a larger event as specified in the permit and plan. Permanent diversions shall be constructed with gently sloping banks that are stabilized by vegetation. Asphalt, concrete, or other similar linings shall be used only when approved in the permit and plan to prevent seepage or to provide stability;

(C) Diversions shall be designed, constructed, and maintained in a manner which prevents additional contributions of suspended solids to streamflow and to runoff outside the permit area, to the extent possible using the best technology currently available.

Appropriate sediment control measures for these diversions may include, but not be limited to, maintenance of appropriate gradients, channel lining revegetation, roughness structures, and detention basins;

(D) No diversion shall be located so as to increase the potential for landslides. No diversion shall be constructed on existing landslides, unless approved in the permit and plan;

(E) When no longer needed, each temporary diversion shall be removed and the affected land regraded, topsoiled, and revegetated in accordance with 10 CSR 40- 3.030(4) and (5), 10 CSR 40-3.110, and 10 CSR 40-3.120;

(F) Diversion design shall incorporate the 1. Channel lining shall be designed using standard engineering practices to pass safely the design velocities. Riprap shall comply with the applicable requirements of 10 CSR 40-3.060(2)(B)3., except for sand and gravel;

2. Freeboard shall be no less than 0.3 feet. Protection shall be provided for transition of flows and for critical areas such as swales and curves. Where the area protected is a critical area as determined in the permit and plan, the design freeboard may be increased;

3. Energy dissipators shall be installed when necessary at discharge points, where diversions intersect with natural streams and exit velocity of the diversion ditch flow is greater than that of the receiving stream;

4. Excess excavated material not necessary for diversion channel geometry or regrading of the channel shall be disposed of in accordance with 10 CSR 40-3.060;

5. Topsoil shall be handled in compliance with 10 CSR 40-3.030; and 6. Diversions shall not be constructed or operated to divert water into underground mines; and (G) All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public.

(4) Stream Channel Diversions.

(A) Flow from perennial and intermittent streams within the permit area may be diverted if the diversions— 1. Are approved in the permit and plan if the requirements in subsection (18)(A) of this rule are found;

2. Comply with other requirements of this chapter and 10 CSR 40-4; and 3. Comply with local, state, and federal statutes and regulations.

(B) When streamflow is allowed to be diverted, the stream channel diversion shall be designed, constructed, and removed in accordance with the following:

1. The longitudinal profile of the stream, the channel, and the floodplain shall be designed and constructed to remain stable and to prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow or to runoff outside the permit area. These contributions shall not be in excess of requirements of state or federal law.

Erosion control structures such as channel lining structures shall be used in diversions only when approved in the permit and plan as being necessary to control erosion. These structures shall be approved for permanent diversions only where they are stable and will require infrequent maintenance;

2. The combination of channel, bank, and floodplain configurations shall be adequate to safely pass the peak runoff of a ten- (10-) year, twenty-four- (24-) hour precipitation event for temporary diversions, a one hundred- (100-) year, twenty-four- (24-) hour precipitation event for permanent diversions or larger events required in the permit and plan. However, the capacity of the channel itself should be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream of the diversion;

3. The design and construction of all stream channel diversions of perennial and intermittent streams shall be certified by a qualified registered professional engineer as meeting the performance standards of this

rule and any design criteria set by the director.

(C) When no longer needed to achieve the

purpose for which they were authorized, all temporary stream channel diversions shall be removed and the affected land regraded and revegetated, in accordance with 10 CSR 40- 3.030(4) and (5), 10 CSR 40-3.110, and 10 CSR 40-3.120. At the time diversions are removed, downstream water treatment facilities previously protected by the diversion shall be modified or removed to prevent overtopping or failure of the facilities. This requirement shall not relieve the person who conducts the surface mining activities from maintenance of a water treatment facility otherwise required under this chapter or the permit.

(D) When permanent diversions are constructed or stream channels restored, after temporary diversions, the operator shall— 1. Restore, enhance where practicable, or maintain natural riparian vegetation on the banks of the stream;

2. Establish or restore the stream to its natural meandering shape of an environmentally acceptable gradient, as determined in the permit and plan; and 3. Establish or restore the stream to a longitudinal profile and cross-section, including aquatic habitats (usually a pattern of riffles, pools and drops rather than uniform depth) that approximate premining stream channel characteristics.

(5) Sediment Control Measures.

(A) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to— 1. Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area;

2. Meet the more stringent of applicable state or federal effluent limitations; and 3. Minimize erosion to the extent possible.

(B) Sediment control measures include practices carried out within, and adjacent to, the disturbed area. The sedimentation storage capacity of practices in and downstream from the disturbed area shall reflect the degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment. Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control practices, singly or in combination. Sediment control methods include:

1. Disturbing the smallest practicable area at any one (1) time during the mining operation through progressive backfilling, grading and prompt revegetation as required in 10 CSR 40-3.120(1)(B);

2. Stabilizing the backfill material to promote a reduction in the rate and volume of runoff, in accordance with the requirements of 10 CSR 40-3.110(1);

3. Retaining sediment within disturbed 4. Diverting runoff away from disturbed 5. Diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional erosion;

6. Using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment; and 7. Treating with chemicals.

(6) Siltation Structures.

(A) General Requirements. Siltation structures shall be used individually or in series and shall— 6CODE OF STATE REGULATIONS 1. Be constructed before any disturbance of the undisturbed area to be drained into the structure;

2. Be located as near as possible to the disturbed area and out of perennial streams, unless approved in the permit and plan; and 3. Meet all the criteria of this section.

(B) Sediment Storage Volume. Siltation structures shall provide adequate sediment storage volume.

(C) Detention Time. Siltation structures shall provide the required theoretical detention time for the water inflow or runoff entering the pond from a ten- (10-) year, twentyfour- (24-) hour precipitation event (design event).

(D) Dewatering. The water storage resulting from inflow shall be removed by a nonclogging dewatering device that has been designed, constructed, and maintained in accordance with subsection (6)(C) of this rule or a conduit spillway approved in the permit and plan. The dewatering device shall not be located at a lower elevation than the maximum elevation of the sedimentation storage volume.

(E) Each person who conducts surface mining activities shall design, construct, and maintain siltation structures to prevent shortcircuiting to the extent possible.

(F) The design, construction, and maintenance of a siltation structure or other sediment control measures in accordance with this section shall not relieve the person from compliance with applicable effluent limitations as contained in section (2) of this rule.

(G) There shall be no outflow through the emergency spillway during the passage of the runoff resulting from the ten- (10-) year, twenty-four- (24-) hour precipitation event or lesser events through the siltation structure.

(H) Siltation structures shall be designed, constructed, and maintained to provide periodic sediment removal sufficient to maintain adequate volume for the design event.

(I) An appropriate combination of principal and emergency spillways shall be provided to safely discharge the runoff from a twenty-five- (25-) year, twenty-four- (24-) hour precipitation event or larger event required in the permit and plan. The elevation of the crest of the emergency spillway shall be a minimum of one foot (1') above the crest of the principal spillway. Emergency spillway grades and allowable velocities shall be (J) The minimum elevation at the top of the settled embankment shall be one foot (1') above the water surface in the pond with the emergency spillway flowing at design depth.

For embankments subject to settlement, this one foot (1') minimum elevation requirement shall apply at all times, including the period after settlement.

(K) The constructed height of the dam shall be increased a minimum of five percent (5%) over the design height to allow for settlement, unless it has been demonstrated in the permit and plan that the material used and the design will ensure against all settlement.

(L) The minimum top width of the embankment shall not be less than the quotient of (H+35)/5, where H is the height, in feet, of the embankment as measured from the upstream toe of the embankment.

(M) The combined upstream and downstream side slopes of the settled embankment shall not be less than 1v:5h (20%), with neither slope steeper than 1v:2h (50%). Slopes shall be designed to be stable in all cases, even if flatter side slopes are required.

(N) The embankment foundation area shall be cleared of all organic matter, all surfaces sloped to no steeper than 1v:1h (100%) and the entire foundation surface scarified.

(O) The fill material shall be free of sod, large roots, other large vegetative matter, and frozen soil, and in no case shall coal-processing waste be used.

(P) The placing and spreading of fill material shall be started at the lowest part of the foundation. The fill shall be brought up in horizontal layers of a thickness as is required to facilitate compaction and meet the design requirements of this section. Compaction shall be conducted as specified in the design (Q) If a siltation structure has an embankment that is more than twenty feet (20') in height, as measured from the upstream toe of the embankment to the crest of the open channel emergency spillway, unless the emergency spillway is a pipe, where it is measured to the lowest point in the toe of the embankment, or has both an embankment that is five feet (5') or more in height, as measured from the upstream toe of the embankment to the crest of the open channel emergency spillway and a storage volume of twenty (20) acre-feet or more above the upstream toe of the embankment, the following additional requirements shall be met:

1. An appropriate combination of principal and emergency spillways shall be provided to discharge safely the runoff resulting from a one hundred- (100-) year, twentyfour- (24-) hour precipitation event or a larger event required in the permit and plan;

2. The embankment shall be designed and constructed with a static safety factor of at least one and five-tenths (1.5) or a higher safety factor as required in the permit and plan to ensure stability;

3. Appropriate barriers shall be provided to control seepage along conduits that extend through the embankment; and 4. The criteria of the Mine Safety and Health Administration (MSHA) as published in 30 CFR 77.216 shall be met.

(R) Each structure shall be designed and inspected during construction under the supervision of, and certified after construction by, a registered professional engineer.

(S) The entire embankment including the surrounding areas disturbed by construction shall be stabilized with respect to erosion by a vegetative cover or other means immediately after the embankment is completed. The active upstream face of the embankment where water will be impounded may be riprapped or otherwise stabilized. Areas in which the vegetation is not successful or where rills and gullies develop shall be repaired and revegetated in accordance with 10 CSR 40-3.110(6).

(T) Impoundments meeting the Class B or C criteria for dams in the U.S. Department of Agriculture, Soil Conservation Service (now renamed as the Natural Resources Conservation Service) Technical Release No. 60 (210-VI, TR-60, Revised Oct. 1985), entitled “Earth Dams and Reservoirs,” hereafter in these rules referred to as TR-60, or the size or other criteria of 30 CFR 77.216 must be examined in accordance with 30 CFR 77.216-3. Impoundments which do not meet the above criteria shall be examined at least quarterly by a qualified person designated by the operator for the appearance of structural weakness and other hazardous conditions.

(U) Siltation structures shall not be removed until removal is authorized and until the disturbed area has been restored and the vegetation requirements of 10 CSR 40-3.120 are met and the drainage entering the structure has met the applicable state and federal water quality requirements for the receiving stream. In no case shall the structure be removed sooner than two (2) years after the last augmented seeding. When the siltation structure is removed, the affected land shall be regraded and revegetated in accordance with 10 CSR 40-3.110 and 10 CSR 40-3.120, unless the structure has been approved in the permit and plan for retention as being compatible with the approved postmining land use under 10 CSR 40-3.130. If approved in the permit and plan, the siltation structure shall meet all the requirements for permanent impoundments of sections (10) and (17).

(7) Other Treatment Facilities.

(A) Other treatment facilities shall be designed to treat the ten- (10-) year, twentyfour- (24-) hour precipitation event unless a lesser design event is approved by the director based on terrain, climate, other site-specific conditions, and a demonstration by the operator that the effluent limitations of 30 CFR 816.42 will be met.

(B) Other treatment facilities shall be designed in accordance with the applicable requirements of section (6) of this rule.

(8) Discharge Structures. Discharge from siltation structures, permanent and temporary impoundments, coal processing waste dams and embankments, and diversions shall be controlled by energy dissipators, riprap channels, and other devices, where necessary, to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbance of the hydrologic balance.

Discharge structures shall be designed according to standard engineering design procedures.

(9) Acid- and Toxic-Forming Materials.

Drainage from acid- and toxic-forming materials into ground and surface water shall be avoided by— (A) Identifying and burying or treating, or both, when necessary, materials which may adversely affect water quality or be detrimental to vegetation or to public health and safety if not buried or treated, or both;

(B) Preventing water from coming into contact with acid- and toxic-forming materials in accordance with 10 CSR 40-3.110(3) and other measures as required in the permit and plan; and (C) Burying or otherwise treating all acidor toxic-forming materials within thirty (30) days after it is first exposed on the mine site, or within a lesser period required in the permit and plan. Temporary storage of the materials may be approved in the permit and plan upon a finding that burial or treatment within thirty (30) days is not feasible and will not result in any materials risk of water pollution or other environmental damage. Storage shall be limited to the period until burial or treatment, or both, first becomes feasible. Acidor toxic-forming materials to be stored shall be placed on impermeable material and protected from erosion and contact with surface water.

(10) Permanent and Temporary Impoundment.

(A) Impoundments meeting the criteria of 30 CFR 77.216(a) shall comply with the requirements of 30 CFR 77.216 and this section. The plan required to be submitted to the district manager of the MSHA under 30 CFR 77.216 shall also be submitted to the director as part of the permit application. Furthermore, impoundments meeting the Class B or C criteria for dams in TR-60 shall comply with the “Minimum Emergency Spillway Hydrologic Criteria” table in TR-60 and the requirements of this section.

(B) Permanent impoundments are prohibited unless authorized in the permit and plan upon the basis of the following demonstration:

1. The quality of the impounded water shall be suitable on a permanent basis for its intended use and discharge of water from the impoundment shall not degrade the quality of receiving waters to less than the water quality standards established pursuant to applicable state and federal laws;

2. The level of water shall be sufficiently stable to support the intended use;

3. Adequate safety and access to the impounded water shall be provided for proposed water users;

4. Water impoundments shall not result in the diminution of the quality or quantity of water used by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses;

5. The design, construction, and maintenance of structures shall achieve the minimum design requirements applicable to structures constructed and maintained under the Watershed Protection and Flood Prevention Act, P. L. 83-566 (U.S.C. 1006). Requirements for impoundments that meet the size or other criteria of the MSHA, 30 CFR 77.216(a) are contained in United States Soil Conservation Service Technical Release No. 60, Earth Dams and Reservoirs, July 2005, incorporated by reference and published by the USDA, NRCS, Office of the Chief, 1400 Independence Ave., SW, Room 5105-A, Washington, DC 20250. This rule does not incorporate any later amendments or additions to this incorporated material.

Requirements for impoundments that do not meet the size or other criteria contained in 30 CFR 77.216(a) are contained in United States Natural Resources Conservation Service, Conservation Practice Standard, POND, No.

CODE 378, January 2004, incorporated by reference and published by the Missouri NRCS State Office, Parkade Center, Suite 250, 601 Business Loop 70 West, Columbia, MO 65203-2546. This rule does not incorporate any later amendments or additions to this incorporated material;

6. The size of the impoundment is adequate for its intended purposes; and 7. The impoundment will be suitable for the approved postmining land use.

(C) Temporary impoundments of water in which the water is impounded by a dam shall meet the requirements of subsections (6)(F)– (V) of this rule.

(D) Excavations that will impound water during or after the mining operation shall have perimeter slopes that are stable and shall not be steeper than 1v:2h (50%). Where surface runoff enters the impoundment area, the side slope shall be protected against erosion.

(E) Slope protection shall be provided to minimize surface erosion at the site and protect against sudden drawdown. Sediment control measures shall be required where necessary to reduce the sediment leaving the site.

(F) All embankments of temporary and permanent impoundments and the surrounding areas and diversion ditches disturbed or created by construction, shall be graded, fertilized, seeded, and mulched to comply with the requirements of 10 CSR 40-3.120 immediately after the embankment is completed, provided that the active, upstream face of the embankment where water will be impounded may be riprapped or otherwise stabilized.

Areas in which the vegetation is not successful or where rills and gullies develop shall be repaired and revegetated to comply with the requirements of 10 CSR 40-3.110(6) and 10 CSR 40-3.120.

(G) All dams and embankments shall be routinely inspected by a qualified registered professional engineer or by someone under the supervision of a qualified registered professional engineer. The professional engineer or specialist shall be experienced in the design and construction of impoundments.

Inspections shall be made regularly during construction, upon completion of construction and at least yearly until removal of the structure or release of the performance bond.

(H) All dams and embankments shall be routinely maintained during the mining operations. Vegetative growth shall be cut where necessary to facilitate inspection and repairs.

Ditches and spillways shall be cleaned. Any combustible material present on the surface, other than material such as mulch or dry vegetation used for surface stability, shall be removed and all other appropriate maintenance procedures followed.

(I) All dams and embankments subject to 10 CSR 40 shall be certified by a qualified registered professional engineer during construction immediately after construction and annually after that as having been constructed, maintained, or both, to comply with the requirements of 10 CSR 40. All coal-processing waste dams and embankments covered by 10 CSR 40-3.080(9)–(11) shall be certified by a qualified registered professional engineer. Certification reports shall be provided certifying that the impoundment has been constructed and maintained as designed and in accordance with the approved plan and this

chapter, shall include a discussion on any 8CODE OF STATE REGULATIONS appearance of instability, structural weakness, or other hazardous condition and shall include statements on:

1. Existing and required monitoring procedures and instrumentation;

2. The design depth and elevation of any impounded waters at the time of the initial certification report or the average and maximum depth and elevations of any impounded waters over the past year for the annual certification reports;

3. Existing storage capacity of the dam or embankment;

4. Any fires occurring in the construction material up to the date of the initial certification or over the past year for the annual certification reports; and 5. Any other aspects of the dam or embankment affecting stability, including structural weakness, erosion, and other hazardous conditions.

(J) If any examination or inspection discloses that a potential hazard exists, the person who examined the impoundment shall promptly inform the director of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the director shall be notified immediately. The director shall then notify the appropriate agencies that other emergency procedures are required to protect the public.

(K) Plans for any enlargement, reduction in size, reconstruction, or other modification of dams or impoundments shall be submitted to the director and shall comply with the requirements of this section. Except where a modification is required to eliminate an emergency condition constituting a hazard to public health, safety, or the environment, the plans will be approved before modification begins.

(L) Stability.

1. An impoundment meeting the Class B or C criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a) shall have a minimum static safety factor of 1.5 for a normal pool with steady state seepage saturation conditions, and a seismic safety factor of at least 1.2.

2. Impoundments not included in paragraph 40-3.040(10)(L)1. of this section, except for a coal mine waste impounding structure, shall have a minimum static safety factor of 1.3 for a normal pool with steady state seepage saturation conditions or meet the requirements of Natural Resources Conservation Service, Conservation Practice Standard, POND No. CODE 378, December 1998, and be less that twenty feet (20') feet in height.

(M) Freeboard. Impoundments shall have adequate freeboard to resist overtopping by waves and by sudden increases in storage volume. Impoundments meeting the Class B or C criteria for dams in TR-60 shall comply with the freeboard hydrograph criteria in the “Minimum Emergency Spillway Hydrologic Criteria” table in TR-60.

(N) Foundation.

1. Foundations and abutments for an impounding structure shall be stable during all phases of construction and operation and shall be designed based on adequate and accurate information on the foundation conditions. For an impoundment meeting the Class B or C criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a), foundation investigation, as well as any necessary laboratory testing of foundation material, shall be performed to determine the design requirements for foundation stability.

2. All vegetative and organic materials shall be removed and foundations excavated and prepared to resist failure. Cutoff trenches shall be installed if necessary to ensure stability.

(O) Spillways. An impoundment shall have either a combination of principal and emergency spillways, a single spillway configured as specified in 10 CSR 40-3.040(10)(O)1. of this section, or no spillways as specified in 10 CSR 40-3.040(10)(O)3. of this section. The impoundment shall be designed and constructed to safely pass or contain the applicable design precipitation event specified in 10 CSR 40-3.040(10)(O)2. or 3. of this section.

1. A single open-channel spillway can be utilized if it is— A. Of nonerodible construction and designed to carry sustained flows; or B. Earth- or grass-lined and designed to carry short-term, infrequent flows at nonerosive velocities where sustained flows are not expected.

2. Except as specified in 10 CSR 40- 3.040(10)(O)3. of this section, the required design precipitation event for an impoundment meeting the spillway requirements of 10 CSR 40-3.040(10)(O) of this section is— A. For an impoundment meeting the Class B or C criteria for dams in TR-60, the emergency spillway hydrograph criteria in the “Minimum Emergency Spillway Hydrologic Criteria” table in TR-60;

B. For an impoundment meeting or exceeding the size or other criteria of 30 CFR 77.216(a), a one hundred- (100-) year twenty-four- (24-) hour event or greater as specified by the director or commission; or C. For an impoundment not included in 10 CSR 40-3.040(10)(O)2.A. and B. of this section, as specified in Table 3 of the Natural Resources Conservation Service, Conservation Practice Standard, POND, No.

CODE 378, December 1998.

3. A temporary impoundment that relies solely on storage capacity to control the runoff from the design precipitation event may be utilized with no spillway when it is demonstrated by the operator and certified by a qualified registered professional engineer that the impoundment will safely contain the design precipitation event, and that the stored water will be safely removed in accordance with current, prudent, engineering practices.

Such an impoundment must be located where failure would not be expected to cause loss of life or serious property damage.

A. Impoundments meeting the Natural Resources Conservation Service Class B or C criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a) shall be designed to safely contain the runoff of the probable maximum precipitation (PMP) of a six- (6-) hour event.

B. Impoundments not included in subparagraph 10 CSR 40-3.040(10)(O)3.A. of this section shall be designed to control the precipitation of the one hundred- (100-) year twenty-four- (24-) hour event.

(11) Groundwater Protection.

(A) Backfilled materials shall be placed so as to minimize contamination of groundwater systems with acid, toxic, or otherwise harmful mine drainage to minimize adverse effects of mining on groundwater systems outside the permit area, and to support approved postmining land uses.

(B) To control the effects of mine drainage, pits, cuts, and other mine excavation or disturbances shall be located, designed, constructed, and utilized in a manner as to prevent or control discharge of acid, toxic, or otherwise harmful mine drainage waters into groundwater systems and to prevent adverse impacts on these groundwater systems or on approved postmining land uses.

(12) Protection of Groundwater Recharge Capacity. Surface mining activities shall be conducted in a manner that facilitates reclamation which will restore approximate premining recharge capacity through restoration of the capability of the reclaimed areas as a whole, excluding coal-processing waste and underground development waste disposal areas and fills, to transmit water to the groundwater system. The recharge capacity shall be restored to a condition which— (A) Supports the approved postmining land use;

(B) Minimizes disturbances to the prevailing hydrologic balance in the mine plan area and in adjacent areas; and (C) Provides a rate of recharge that approximates the premining recharge rate.

(13) Surface Water and Groundwater Monitoring.

(A) Groundwater.

1. Groundwater levels, infiltration rates, subsurface flow and storage characteristics, and the quality of groundwater shall be monitored in a manner approved in the permit and plan, to determine the effects of surface mining activities on the recharge capacity of reclaimed lands and on the quantity and quality of water in groundwater systems in the mine plan and adjacent areas.

A. Groundwater monitoring data shall be submitted every three (3) months to the director or more frequently as prescribed by the director. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any groundwater sample indicates noncompliance with the permit conditions, the operator shall promptly notify the director and take remedial measures provided for in 10 CSR 40-6.050(9) and 10 CSR 40- 6.070(14).

B. Groundwater monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with the procedures of 10 CSR 40-6.090, the director may modify the monitoring requirements, including the parameters covered and the sampling frequency, if the operator demonstrates, using the monitoring data obtained under this paragraph, that— (I) The operation has minimized disturbance to the prevailing hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quantity and quality are suitable to support approved postmining land uses and the water rights of other users have been protected or replaced;

(II) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under 10 CSR 40- 6.050(9)(C).

2. When surface mining activities may affect the groundwater systems serving as aquifers which significantly ensure the hydrologic balance of water use on or off the mine plan area, groundwater levels and groundwater quality shall be periodically monitored.

Monitoring shall include measurements from a sufficient number of wells and mineralogical and chemical analyses of aquifer, overburden, and spoil that are adequate to reflect changes in groundwater quantity and quality resulting from those activities. Monitoring shall be adequate to plan for modification of surface mining activities, if necessary, to minimize disturbance of the prevailing hydrologic balance.

3. As specified and approved in the permit and plan, the person who conducts surface mining activities shall conduct additional hydrologic tests, including drilling, infiltration tests, and aquifer tests and shall submit the results to the director, to demonstrate compliance with sections (11)–(13) of this (B) Surface Water.

1. Surface water monitoring shall be conducted in accordance with the monitoring program submitted under 10 CSR 40- 6.050(9)(C)4. and approved in the permit and plan. The permit and plan shall set forth the nature of data, frequency of collection, and reporting requirements. Monitoring shall— A. Be adequate to accurately measure and record water quantity and quality of the discharges from the permit area;

B. Be reported when analytical results of the sample collections indicate noncompliance with a permit condition or applicable standard; the person who conducts the surface mining activities shall notify the director within five (5) days. Where a National Pollutant Discharge Elimination System (NPDES) permit effluent limitation noncompliance has occurred, the person who conducts surface mining activities shall forward the analytic results concurrently with the written notice of noncompliance; and C. Result in quarterly reports to the director, to include analytical results from each sample taken during the quarter. Any sample results which indicate a permit violation will be immediately reported to the director as provided for in 10 CSR 40- 6.050(9) and 10 CSR 40-6.120(5). In those cases where the discharge for which water monitoring reports are required is also subject to regulation by an NPDES permit issued under the Clean Water Act of 1977 (30 U.S.C. Sections 1251–1378) and where the permit includes provisions for equivalent reporting requirements and requires filing of water monitoring reports within ninety (90) days or less of sample collection, the following alternative procedure shall be used. The person who conducts the surface mining activities shall submit to the director on the same time schedule as required by the NPDES permit or within ninety (90) days following sample collection, whichever is earlier, either:

(I) A copy of the completed reporting form filed to meet NPDES permit requirements; or (II) A letter identifying the state or federal government official with whom the reporting form was filed to meet NPDES permit requirements and the date of filing.

2. After disturbed areas have been regraded and stabilized according to this

chapter, the person who conducts surface mining activities shall monitor surface water flow and quality. Data from this monitoring may be used to demonstrate that the quality and quantity of runoff without treatment is consistent with the requirements of this chapter to minimize disturbance to the prevailing hydrologic balance and to attain the approved postmining land use. These data may also provide a basis for approval by the commission or director for removal of water quality or flow control systems.

3. Equipment, structures and other devices necessary to accurately measure and sample the quality and quantity of surface water discharges from the disturbed area shall be properly installed, maintained, and operated and shall be removed when no longer required.

(14) Transfer of Wells.

(A) An exploratory or monitoring well may only be transferred by the person who conducts surface mining activities for further use as a water well with the prior approval of the commission or director. That person and the surface owner of the lands where the well is located shall jointly submit a written request to the director for that approval.

(B) Upon an approved transfer of a well, the transferee shall— 1. Assume primary liability for damages to persons or property from the well;

2. Plug the well when necessary, but in no case later than abandonment of the well;

3. Assume primary responsibility for compliance with 10 CSR 40-3.020 and those of the Wellhead Protection Section, Division of Geology and Land Survey, at 10 CSR 23

Chapter 3 with respect to the well.

(C) Upon an approved transfer of a well, the transferor shall be secondarily liable for the transferee’s obligations under subsection (13)(B) of this rule, until release of the bond or other equivalent guarantee required by 10 CSR 40-7 for the area in which the well is located.

(15) Water Rights and Replacement. Any person who conducts surface mining activities shall replace the water supply of an owner of interest in real property who obtains all or part of his/her supply of water for domestic, agricultural, industrial, or other legitimate use 10CODE OF STATE REGULATIONS from an underground or surface source, where the water supply has been affected by contamination, diminution, or interruption proximately resulting from the surface mining activities.

(16) Discharge of Water into an Underground Mine. Surface water shall not be diverted or otherwise discharged into underground mine workings, unless allowed by section 577.155, RSMo, and the person who conducts the surface mining activities demonstrates in the permit and plan application that this will— (A) Abate water pollution or otherwise eliminate public hazards resulting from surface mining activities;

(B) Be discharged as a controlled flow, meeting the effluent limitations of section (2) of this rule for pH and total suspended solids;

(C) Not cause, result in, or contribute to, in any event, a violation of applicable water quality standards or effluent limitations by discharging water from underground mines to surface waters;

(D) Minimize disturbance to the hydrologic balance; and (E) Meet the approval of the MSHA.

(17) Postmining Rehabilitation of Siltation Structures, Diversions, Impoundments, and Treatment Facilities. Before abandoning the permit area, the person who conducts the surface mining activities shall renovate all permanent siltation structures, diversions, impoundments, and treatment facilities to meet criteria specified in the detailed design plan for the permanent structures and impoundments.

(18) Stream Buffer Zones.

(A) No land within one hundred feet (100') of a perennial stream or an intermittent stream shall be disturbed by surface mining activities, unless the director specifically authorizes surface mining activities closer to, or through, a perennial stream. The director may authorize these activities only upon finding that— 1. Surface mining activities will not cause or contribute suspended solids to stream flow or runoff outside the permit area in excess of the requirements established by the Missouri Clean Water Commission, Department of Natural Resources, set forth in

##### **10 CSR 20-7.015** and promulgated by the federal government set forth in the Federal Water Pollution Control Act P.L. 92-500 and all modifications to these laws and regulations; {#sec-10-csr-20-7.015 omnilex-key=us-mo-regs-official--title-10--10 CSR 20-7.015}

2. Surface mining activities will not adversely affect the water quantity and quality or other environmental resources of the stream; and 3. If there will be a temporary or permanent stream channel diversion, it will comply with section (4).

(B) The area not to be disturbed shall be designated as a buffer zone, and the operator shall mark it as specified in 10 CSR 40- 3.010.

RSMo 2000.* Original rule filed Oct. 12, Amended: Filed Feb. 9, 1981, effective July 11, 1981. Amended: Filed April 2, 1986, effective July 26, 1986. Amended: Filed Sept. 30, 2013.

##### **10 CSR 40-3.050** Requirements for the Use of Explosives ments for the use of explosives pursuant to 444.855, RSMo. {#sec-10-csr-40-3.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.050}

(1) General Requirements.

(A) Each operator shall comply with all applicable state and federal laws and regulations in the use of explosives.

(B) Blasts that use more than five (5 lbs.) pounds of explosive or blasting agent shall be conducted according to the schedule required by section (3) of this rule.

(C) Blasters.

1. Prior to the approval by the federal office of surface mining of a blaster certification program designated to regulate and document the quality of persons responsible for the removal of coal overburden by means of explosives in Missouri, all these operations shall be conducted by experienced, trained and competent persons who understand the hazards involved. By July 1, 1989 all blasting operations in Missouri shall be conducted under the direction of a certified blaster.

2. A blaster and at least one (1) other person shall be present at the firing of a blast.

3. Any person responsible for conducting blasting operations at a blasting site shall— A. Be familiar with the blasting plan and site specific performance standards;

B. Give direction and on-the-job training to persons who are not certified and who are assigned to the blasting crew or assist in the use of explosives.

(D) Blast Design.

1. An anticipated blast design shall be submitted if blasting operations will be conducted within— A. One thousand feet (1000') of any building used as a dwelling, public building, school, church, community, institutional building or dam outside the permit area including those listed in paragraph (5)(D)1.;

B. Five hundred feet (500') of an active or abandoned underground mine.

2. The blast design may be presented either as part of a permit application or thirty (30) days before the initiation of blasting approved by the director or commission.

3. The blast design shall contain sketches of the drill patterns, delay periods and decking, and shall indicate the type and amount of explosives to be used, critical dimensions and the location and general description of structures to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable airblast, flyrock and ground vibration standards in section (5) of this rule.

4. The blast design shall be prepared and signed by a certified blaster.

5. The director or commission may require changes to the design submitted.

(2) Use of Explosives: Preblasting Survey.

(A) At least forty (40) days before initiation of blasting, the operator shall ensure that all residents or owners of public buildings, schools, churches, community or institutional buildings, dwellings, dams or other structures, including those listed in paragraph (5)(D)1., located within one-half (1/2) mile of the permit area are notified by certified letter how to request a preblast survey.

(B) A resident or owner of a dwelling or structure within one-half (1/2) mile of any

part of the permit area may request a preblasting survey. This request shall be made, in writing, directly to the operator or to the director or commission who shall promptly notify the operator. The operator shall ensure that a prompt preblast survey of the dwelling or structure will be conducted and that a written report of the survey is promptly prepared.

The operator shall ensure that an updated survey of any additions, modifications or renovations shall be performed if requested by the resident or owner.

(C) The operator shall ensure that the condition of the dwelling or structure be determined and that any preblasting damage and other physical factors that could reasonably be affected by the blasting be documented.

Structures such as pipelines, cables, transmission lines and cisterns, wells and other water systems warrant special attention; however, the assessment of these structures may be limited to surface conditions and other readily available data.

(D) The written report of the survey shall be signed by the person who conducted the survey. Copies of the report shall be promptly provided to the director or commission and to the person requesting the survey. If the person requesting the survey disagrees with the contents, recommendations, or both, contained in the report, s/he may submit to both the operator and the director or commission a detailed description of the specific areas of disagreement within forty-five (45) days of receipt of the survey.

(E) The operator shall ensure that any surveys requested more than ten (10) days before the planned initiation of blasting shall be completed before the initiation of blasting.

(F) The operator shall ensure that the director or commission is provided a list of all people outlined in subsection (2)(A), including their addresses. The list shall distinguish between persons who have agreed to a preblast survey and those who have refused a survey.

(G) The operator shall ensure that the property owner be made aware that the preblast survey will be made at no cost to the property owner.

(3) Use of Explosives: Blasting Schedule.

(A) General Requirements.

1. The operator shall ensure that blasting operations are conducted at times approved by the director or commission and announced in the blasting schedule. The director or commission may limit the area covered, timing and sequence of blasting as listed in the schedule, if these limitations are necessary and reasonable in order to protect the public health and safety or welfare.

2. All blasting shall be conducted between sunrise and sunset, unless nighttime blasting is approved by the director or commission based upon a showing by the operator that the public will be protected from adverse noise and other impacts. The director or commission may specify more restrictive time periods for blasting.

3. Unscheduled blasts may be conducted only where public or operator health and safety so require and for emergency blasting actions. When an operator conducts an unscheduled blast, the operator, using audible signals, shall notify residents within one-half (1/2) mile of the blasting site and document the reason for the unscheduled blast in accordance with section (6) of this rule.

(B) Blasting Schedule Publication and Distribution.

1. The operator shall publish the blasting schedule in a newspaper of general circulation in the locality of the blasting site at least ten (10), but not more than thirty (30), days before beginning a blasting program.

2. The operator shall distribute copies of the schedule to local governments and public utilities and to each local residence within one-half (1/2) mile of the proposed blasting site described in the schedule and to the director as soon as it has been published.

3. The operator shall republish and redistribute the schedule at least every twelve (12) months and revise and republish the schedule at least ten (10), but not more than thirty (30) days, before blasting whenever the area covered by the schedule changes or actual time periods for blasting significantly differ from the prior announcement.

(C) Blasting Schedule Contents. The blasting schedule, at a minimum shall contain— 1. Name, address and telephone number of operator;

2. Identification of the specific areas in which blasting will take place;

3. Dates and time periods when explosives are to be detonated;

4. Methods to be used to control access to the blasting area; and 5. Type and patterns of audible warning and all clear signals to be used before and after blasting.

(4) Use of Explosives: Blasting Signs, Warnings and Access Control.

(A) Blasting Signs. Blasting signs shall meet the specifications of signs and markers outlined in 10 CSR 40-3.010(1). In addition, the operator shall— 1. Place conspicuous signs reading Blasting Area along the edge of any blasting area that comes within one hundred feet (100') of any public road right-of-way and at the point where any other road provides access to the blasting area; and 2. Place, at all entrances to the permit area from public roads or highways, conspicuous signs which state “Warning! Explosives in Use.” clearly listing and describing the meaning of the audible blast warning and allclear signals that are in use and which explaining the marking of blasting areas and loaded or charged holes awaiting firing within the permit area.

(B) Warnings. Warning and all-clear signals of different character or pattern that are audible within a range of one-half (1/2) mile from the point of the blast shall be given.

Each person within the permit area and each person who resides or regularly works within one-half (1/2) mile of the permit area shall be notified of the meaning of the signals in the blasting schedule.

(C) Access Control. Access within the blasting area shall be controlled to prevent presence of livestock or unauthorized persons during blasting and until an authorized representative of the operator has reasonably determined that— 1. No unusual hazards, such as imminent slides or undetonated charges exist; and 2. Access to and travel within the blasting area can be safely resumed.

(5) Use of Explosives: Control of Adverse Effects.

(A) General Requirements. Blasting shall be conducted to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel or availability of surface or ground water outside the permit area.

(B) Airblast.

1. Limits.

A. Airblast shall not exceed the maximum limits listed as follows at the location of any dwelling, public building, school, church or community or institutional building outside the permit area, except as provided in subsection (5)(E) of this rule:

Lower frequency limit of Maximum measuring system, Hz (=3dB) level, in dB 0.1 Hz or lower-flat response* 134 peak 2 Hz or lower-flat response 133 peak 6 Hz or lower-flat response 129 peak C-weighted, slow response* 105 peak dBC *Only when approved by the commission or director B. If necessary to prevent damage, the director or commission shall specify lower maximum allowable airblast levels than those of subparagraph (5)(B)1.A. of this rule for use in the vicinity of a specific blasting operation.

2. Monitoring.

A. The operator shall ensure that one (1) blast every twelve (12) months is monitored at the nearest uncontrolled structure to ensure compliance with the airblast standards. The record, as per section (6) of this

rule, of this monitored event shall be submitted to the director no later than January 31 of each year for the year being monitored. The 12CODE OF STATE REGULATIONS director or commission may require airblast measurement of any or blasts and may specify the locations at which the measurements are taken.

B. The measuring systems shall have an upper end flat frequency response of at least two hundred hertz (200 Hz).

(C) Flyrock. Flyrock traveling in the air or along the ground shall not be cast from the blasting site— 1. Either more than one-half (1/2) the distance to the nearest dwelling or other occupied structure or beyond the permit boundary, whichever is the lesser; or 2. Beyond the area of control required under subsection (4)(C).

(D) Ground Vibration.

1. General. In all blasting operations, except as otherwise authorized in subsection (5)(E) of this rule, the maximum ground vibration shall not exceed the values approved in the blasting plan required under 10 CSR 40-6.050(4). The maximum ground vibration for protected structures listed in subparagraph (5)(D)2.A. of this rule shall be established in accordance with either the maximum peak particle velocity limits of paragraph (5)(D)2., the scaled distance equation of paragraph (5)(D)3., the blasting level chart of paragraph (5)(D)4. of this rule or by the commission or director under paragraph (5)(D)5. of this rule. All structures in the vicinity of the blasting area, not listed in subparagraph (5)(D)2.A. of this rule, such as water towers, pipelines, transmission lines and other utilities, tunnels, dams, impoundments and underground mines, shall be protected from damage by establishment of a maximum allowable limit on the ground vibration, submitted by the operator in the blasting plan and approved by the commission or director.

2. Maximum peak particle velocity.

A. The maximum ground vibration shall not exceed the following limits at the location of any dwelling, public building, school, church, community or institutional building outside the permit area:

Maximum allowable peak Scaledparticle distance velocity factor to be (Vmax) for applied ground without vibration, seismic Distance (D), from the in inches/ monitorblasting site, in feet second* -ing** (Ds) 0—300 1.25 50 301—5000 1.00 55 5001 and beyond 0.75 65 *Ground vibration shall be measured as the particle velocity. Particle velocity shall be recorded in three (3) mutually perpendicular directions. The maximum allowable peak particle velocity shall apply to each of the three (3) measurements. **Applicable to the scaled distance equation of subparagraph (5)(D)3.A. of this rule.

B. A seismographic record shall be provided for each blast.

3. Scaled distance equation.

A. An operator may use the scaled distance equation, W = (D/Ds) , to determine the allowable charge weight of explosives to be detonated in any eight (8) millisecond period, without seismic monitoring, where:

W=the maximum weight of explosives, in pounds;

D=the distance, in feet, from the blasting site to the nearest protected structure; and Ds=the scaled distance factor, which may initially be approved by the commission using the values for scaled distance factor listed in subparagraph (5)(D)2.A. of this rule.

B. The development of a modified scaled distance factor may be authorized by the director or commission on receipt of a written request by the operator, supported by seismographic records of blasting at the mine site. The modified scale distance factor shall be determined such that the particle velocity of the predicted ground vibration will not exceed the prescribed maximum allowable peak particle velocity of subparagraph (5)(D)2.A. of this rule at a ninety-five percent (95%) confidence level.

4. Blasting level chart.

A. An operator may use the ground vibration limits in Figure 1 to determine the maximum allowable ground vibration.

B. If the Figure 1 limits are used, a seismographic record, including both particle velocity and vibration frequency levels, shall be provided for each blast. The method for the analysis of the predominant frequency contained in the blasting records shall be approved by the director or commission before application of this alternative blasting criterion.

14CODE OF STATE REGULATIONS

5. The maximum allowable ground vibration shall be reduced by the director or commission beyond the limits otherwise provided by this section, if determined necessary to provide damage protection.

6. The director or commission may require an operator to conduct seismic monitoring of any blasts or may specify the location at which the measurements are taken and the degree of detail necessary in the measurement.

(E) The maximum air blast and ground vibration standards of subsections (5)(B) and (D) of this rule shall not apply at the following locations:

1. At structures owned by the permittee and not leased to another person; and 2. At structures owned by the permittee and leased to another person, if a written waiver by the lessee is submitted to the director before blasting.

(6) Use of Explosives: Records of Blasting Operations. The operator shall retain a record of all blasts for at least three (3) years. Upon request, copies of these records shall be made available to the director or commission and to the public for inspection. These records shall contain the following data:

(A) Name of the operator conducting the blast;

(B) Location, date and time of the blast;

(C) Name, certification number and signature of the blaster in charge conducting the blast;

(D) Identification, direction and distance, in feet, from the nearest blast hole to the nearest dwelling, public building, school, church, community or institutional building outside the permit area or those outlined in paragraph (5)(D)1., except those described in subsection (5)(E);

(E) Weather conditions, including those which may cause possible adverse blasting effects;

(F) Type of material blasted;

(G) Sketches of the blast pattern including number of holes, burden, spacing, decks and delay pattern;

(H) Diameter and depth of holes;

(I) Type of explosives used;

(J) Total weight of explosives used per hole;

(K) The maximum weight of explosives detonated in an eight (8)-millisecond period;

(L) Initiation system;

(M) Type and length of stemming;

(N) Mats or other protections used;

(O) Seismographic and airblast records, if required, which shall include:

1. Type of instrument, sensitivity and calibration signal or certification of annual calibration;

2. Exact location of instrument and the date, time and distance from the blast;

3. Name of the person and firm taking the reading;

4. Name of the person and firm analyzing the seismographic record; and 5. The vibration, air blast level, or both, recorded; and (P) Reasons and conditions for each unscheduled blast.

Amended: Filed July 15, 1980, effective Nov. 13, 1980. Amended: Filed Aug. 8, 1980, effective Dec. 11, 1980. Amended: Filed Dec. 10, 1980, effective April 11, 1981. Rescinded and readopted: Filed Jan. 5, 1987, effective July 1, 1987. Amended: Filed July 1, 1987, effective Sept. 25, 1987. Amended: Filed June 2, 1988, effective Aug. 25, 1988. 30, 1990. Amended: Filed March 21, 2000, effective Oct. 30, 2000. *Original authority: 444.530, RSMo 1979, amended 1983, 1990, 1993, 1995; and 444.810, RSMo 1979, amended 1983, 1993, 1995.

##### **10 CSR 40-3.060** Requirements for the Disposal of Excess Spoil ments for the disposal of excess spoil pursuant to sections 444.810 and 444.855.2(22), entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. {#sec-10-csr-40-3.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.060}

This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no This note applies only to the reference material. The entire text of the rule is printed here.

(1)

Permanent program performance standards—disposal of excess spoil requirements set forth in 30 CFR Part 780.35, as in effect on January 1, 2018, are incorporated by reference in this rule. Copies may be obtained by contacting the U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000 or online at https://www.gpo.gov.

This rule does not incorporate any subsequent amendments or additions.

RSMo 2016.* Original rule filed Oct. 12, April 11, 1981. Amended: Filed Sept. 15, Amended: Filed Sept. 15, 1994, effective April 30, 1995. Amended: Filed Dec. 17, 2012, effective July 30, 2013. Amended: Filed 1990, 1993, 1995 and 444.810, RSMo 1979, amended

##### **10 CSR 40-3.070** Requirements for the Protection of Underground Mining ments for the protection of underground mining from surface coal mining activities pursuant to sections 444.810, 444.855.2(12) and 444.860, RSMo. {#sec-10-csr-40-3.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.070}

(1) Protection of Underground Mining. No surface coal mining activities shall be conducted closer than five hundred feet (500’) to any point of either an active or abandoned underground mine, except to the extent that— (A) The nature, timing and sequence of the operations are jointly approved in the permit and plan and by the United States Mine Safety and Health Administration and the Missouri Department of Labor and Industrial Relations; and (B) The activities result in improved resource recovery, abatement of water pollution or elimination of hazards to the health and safety of the public.

(2) Surface mining activities shall be designed to protect disturbed surface areas, including spoil disposal sites, so as not to endanger any present or future operations of either surface or underground mining activities.

Feb. 11, 1980. *Original authority 1971, amended 1983, 1990, 1993.

##### **10 CSR 40-3.080** Requirements for the Disposal of Coal Processing Waste ments for disposal of coal processing waste pursuant to sections 444.810, 444.855.2(13) and (22) and 444.860.2(5), RSMo. expensive. The entire text of the rule has been filed with the secretary of state. AASHTO T99-74 is incorporated by reference as it exists on the date of adoption of this rule. The entire text of this rule may be found at the headquarters of the agency and is available to any interested person at a cost established by (1) General Requirements. {#sec-10-csr-40-3.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.080}

(A) All coal processing waste disposed of in an area other than the mine workings or excavations shall be hauled or conveyed and placed for final placement in new or existing disposal areas approved in the permit and plan for this purpose. These areas shall be within a permit area. The disposal area shall be designed, constructed and maintained— 1. In accordance with 10 CSR 40- 3.060(1) and (2) and sections (1)–(7) of this

rule; and 2. To prevent combustion.

(B) Coal processing waste materials from activities located outside a permit area, such as those activities at other mines or abandoned mine waste piles, may be disposed of in the permit area only if approved in the permit and plan. Approval shall be based on a showing by the person who conducts surface mining activities in the permit area, using hydrologic, geotechnical, physical and chemical analysis, that disposal of these materials does not— 1. Adversely affect water quality, water flow or vegetation;

2. Create public health hazards; or 3. Cause instability in the disposal areas.

(C) Refuse piles shall meet the requirements of 10 CSR 40-3.080, 30 CFR 77.214 and 30 CFR 77.215.

(2) Site Inspection.

(A) All coal processing waste banks shall be inspected, on behalf of the person conducting surface mining activities, by a qualified registered professional engineer or other qualified professional specialist under the direction of the professional engineer approved in the permit and plan. The professional engineer or specialist shall be experienced in the construction of similar earth and waste structures.

1. Inspections shall occur at least quarterly, beginning within seven (7) days after preparation of the disposal area begins. The permit and plan may require more frequent inspections based upon an evaluation of the potential danger to the health or safety of the public and the potential harm to land, air and water resources. Inspections may terminate when the coal processing waste bank has been graded, covered in accordance with section (4) of this rule, topsoil has been distributed on the bank in accordance with 10 CSR 40-3.030(4), or at a later time as the permit and plan may require.

2. Inspections shall include observations and tests as may be necessary to evaluate the potential hazard to human life and property, to ensure that all organic material and topsoil have been removed and that proper construction and maintenance are occurring in accordance with the plan submitted under 10 CSR 40-6.050(11) and approved in the permit and 3. The engineer or other approved inspector shall consider steepness of slopes, seepage and other visible factors which could indicate potential failure, and the results of failure with respect to the threat to human life and property.

4. The certified report on the drainage system and protective filters shall include color photographs taken during and after construction, but before underdrains are covered with coal mine waste. If the underdrain system is constructed in phases, each phase shall be certified separately. The photographs accompanying each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to specifically and clearly identify the site.

5. Copies of the inspection findings shall be maintained at the mine site.

(B) If any inspection discloses that a potential hazard exists, the director shall be promptly informed of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the director shall be notified immediately. The director shall then notify the appropriate emergency agencies that other emergency procedures are required to protect the public from the coal processing waste area.

(3) Water Control Measures.

(A) Unless the operator satisfactorily demonstrates to the director that a subdrainage system is not required to ensure the structural integrity of a coal processing waste bank and the protection of the surface water and groundwater quality in the immediate vicinity of the disposal area, a properly designed subdrainage system shall be provided, which shall— 1. Intercept all groundwater sources;

2. Be protected by an adequate filter;

3. Be covered so as to protect against the entrance of surface water or leachate from the coal processing waste.

(B) All surface drainage from the area above the coal processing waste bank and from the crest and face of the waste disposal area shall be diverted, in accordance with 10 CSR 40-3.060(2)(D).

(C) Slope protection shall be provided to minimize surface erosion at the site. All disturbed areas, including diversion ditches that are not riprapped, shall be vegetated upon completion of construction.

(D) All water discharged from a coal processing waste bank shall comply with 10 CSR 40-3.040(1), (2), (5), (6) and (16).

(4) Construction Requirements.

(A) The disposal facility shall be designed using current, prudent engineering practices and shall meet any design criteria established by the director. A qualified registered professional engineer experienced in the design of similar earth and waste structures shall certify the design of the disposal facilities.

(B) Coal processing waste banks shall be constructed in compliance with 10 CSR 40- 3.060(1) and (2), except to the extent that the requirements of those sections are covered in this section.

(C) Coal processing waste banks shall have a minimum static safety factor of one and five tenths (1.5).

(D) Compaction requirements during construction or modification of all coal processing waste banks shall meet the requirements of this subsection, instead of those specified in 10 CSR 40-3.060(2)(C). The coal processing waste shall be— 1. Spread in layers no more than twentyfour inches (24") in thickness; and 2. Compacted to attain ninety percent (90%) of the maximum dry density to prevent spontaneous combustion and to provide the strength required for stability of the coal processing waste bank. Dry densities shall be determined in accordance with the American Association of State Highway and Trans portation Officials (AASHTO) Specifications T99-74 (Twelfth Edition) (July 1978) or an equivalent method;

(E) Following grading of the coal processing waste bank, the site shall be covered with a minimum of four feet (4') of the best available nontoxic and noncombustible material, in accordance with 10 CSR 40-3.030(2)(E), and in a manner that does not impede flow 16CODE OF STATE REGULATIONS from subdrainage systems. The coal processing waste bank shall be revegetated in accordance with 10 CSR 40-3.120(1)–(7). The permit or plan may allow less than four feet (4') of cover material based on physical and chemical analyses which show that the requirements of 10 CSR 40-3.120(1)–(7) will be met.

(5) Burning. Coal processing waste fires shall be extinguished by the person who conducts the surface mining activities, in accordance with a plan allowed by the permit and plan and approved by the Mine Safety and Health Administration (MSHA). The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the operator and who have an understanding of the procedures to be used shall be involved in the extinguishing operations.

(6) Burned Waste Utilization. Before any burned coal processing waste, other materials or refuse is removed from a disposal area, approval shall be obtained from the director.

A plan for the method of removal, with maps and appropriate drawings to illustrate the proposed sequence of the operation and method of compliance with this chapter, shall be submitted to the director. Consideration shall be given in the plan to potential hazards, which may be created by removal, to persons working or living in the vicinity of the structure.

The plan shall be certified by a qualified registered professional engineer.

(7) Return to Underground Workings. Solid coal processing waste may be returned to underground mine workings only in accordance with the waste disposal program approved in the permit and plan and the MSHA under 10 CSR 40-6.120(16).

(8) Disposal of Noncoal Wastes.

(A) Noncoal wastes including, but not limited to, grease, lubricants, paints, flammable liquids, garbage, abandoned mining machinery, lumber and other combustibles generated during surface mining activities shall be placed and stored in a controlled manner in a designated portion of the permit area.

Placement and storage shall ensure that leachate and surface runoff do not degrade surface or ground water, fires are prevented and that the area remains stable and suitable for reclamation and revegetation compatible with the natural surroundings.

(B) Final disposal of noncoal wastes should be in accordance with all applicable requirements of sections 260.200–260.430, RSMo and any other federal, state and local law applicable to disposal. The place of final disposal of noncoal waste, if in the permit area, shall be designated in the permit. Permit area disposal sites shall be designed and constructed with appropriate water barriers on the bottom and sides of the designated site. Wastes shall be routinely compacted and covered to prevent combustion and windborne waste.

When the disposal is completed, a minimum of two feet (2') of soil cover shall be placed over the site, slopes stabilized and revegetation accomplished in accordance with 10 CSR 40-3.120. Operation of the disposal site shall be conducted in accordance with all local, state and federal requirements.

(C) At no time shall any solid waste material be deposited at refuse embankments or impoundment sites nor shall any excavation for solid waste disposal be located within eight feet (8') of any coal outcrop or coal storage area.

(D) Any noncoal mine waste defined as hazardous under Section 3001 of the Resource Conservation and Recovery Act (RCRA)(P.L. 94-580) and 40 CFR part 261 shall be handled in accordance with the requirements of Subtitle C of RCRA and any implementing regulations.

(9) Dams and Embankments—General Requirements.

(A) Sections (9)–(11) of this rule apply to dams and embankments, constructed of coal processing waste or intended to impound coal processing waste, whether they were completed before adoption of the regulatory program or are intended to be completed after that.

(B) Waste shall not be used in the construction of dams and embankments unless it has been demonstrated that the stability of that structure conforms with the requirements of subsection (11)(A) of this rule. It also shall be demonstrated that the use of waste material shall not have a detrimental effect on downstream water quality or the environment due to acid seepage through the dam or embankment.

(10) Dams and Embankments—Site Preparation. Before coal processing waste is placed at a dam or embankment site— (A) All trees, shrubs, grasses and other organic material shall be cleared and grubbed from the site, and all combustibles shall be removed and stockpiled in accordance with the requirements of this chapter; and (B) Runoff from areas above the disposal facility or runoff from the surface of the facility that may cause erosion to the embankment area or the embankment features, whether during construction or after completion, shall be diverted away from the embankment by diversion ditches that comply with the requirements of 10 CSR 40-3.040(3).

Adequate outlets for discharge from these diversions shall be in accordance with section (7). Diversions that are designed to divert drainage from the upstream area away from the impoundment area shall be designed to carry the peak runoff from a one hundred (100)-year, twenty-four (24)-hour precipitation event. The diversion shall be maintained to prevent blockage, and the discharge shall be in accordance with 10 CSR 40-3.040(7).

Sediment control measures shall be provided at the discharge of each diversion ditch before entry into natural watercourses in accordance with 10 CSR 40-3.040(1)–(7).

(11) Dams and Embankments—Design and Construction.

(A) The design of each dam and embankment constructed of coal processing waste or intended to impound waste shall comply with the requirements of 10 CSR 40-3.040(10)(A)5. and 10 CSR 40- 3.040(10)(E)–(K), modified as follows:

1. The design freeboard between the lowest point on the embankment crest and the maximum water elevation shall be at least three feet (3'). The maximum water elevation shall be that determined by the freeboard hydrograph criteria contained in the United States Soil Conservation Service criteria referenced in 10 CSR 40-3.040(10);

2. The dam and embankment shall have a minimum safety factor of one and fivetenths (1.5) for the partial pool with steady seepage saturation conditions and the seismic safety factor shall be at least one and twotenths (1.2); and 3. The dam or embankment foundation and abutments shall be designed to be stable under all conditions of construction and operation of the impoundment. Sufficient foundation investigations and laboratory testing shall be performed to determine the safety factors of the dam or embankment for all loading conditions appearing in paragraph (11)(A)2. of this rule or the publications referred to in 10 CSR 40-3.040(10) and for all increments of construction.

(B) Spillways and outlet works shall be designed to provide adequate protection against erosion and corrosion. Inlets shall be protected against blockage.

(C) Dams or embankments constructed of, or impounding, waste materials shall be designed so that at least ninety percent (90%) of the water stored during the design precipitation event is removed within a ten (10)-day period.

(D) Dams or embankments constructed of, or impounding, waste materials may not be retained permanently as part of the approved postmining land use.

April 11, 1981. Amended: Filed Sept. 15,

##### **10 CSR 40-3.090** Requirements for the Protection of Air Resources ments for the protection of air resources pursuant to section 444.810, RSMo. {#sec-10-csr-40-3.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.090}

The surface coal mining and reclamation operations shall comply with all applicable state and federal air pollution control laws.

All exposed surface areas shall be protected and stabilized to effectively control erosion and air pollution attendant to erosion according to 10 CSR 40-3.040(5)(A).

**History**
- *AUTHORITY: section 444.530, RSMo Supp. 1999. Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended: Filed Dec. 10, 1980, effective April 11, 1981. Amended: 2000. 1990, 1993.*

##### **10 CSR 40-3.100** Requirements for the Protection of Fish, Wildlife and Related Environmental Values and Protection Against Slides and Other Damage ments for the protection of fish, wildlife and related environmental values and the protection against slides and other damage pursuant to sections 444.810 and 444.855.2(24), expensive. The entire text of the rule has been filed with the secretary of state. Environmental Criteria for Electric Transmission System (USDI, USDA (1970)) and REA Bulletin 61- 10, Powerline Contacts by Eagles and Other Large Birdsare incorporated by reference as they exist on the date of adoption of this rule. {#sec-10-csr-40-3.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.100}

The entire text of this rule may be found at the headquarters of the agency and is available to any interested person at a cost established by (1) Any person conducting surface mining activities, to the extent possible using the best technology currently available, shall minimize disturbances and adverse impacts of the activities on fish, wildlife and related environmental values and achieve enhancement of these resources where practicable.

(2) Endangered and Threatened Species. No surface mining activity shall be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed by the Missouri Department of Conservation and the United States Fish and Wildlife Service or which is likely to result in the destruction or adverse modification of designated critical habitats of the species in violation of the Endangered Species Act (16 U.S.C. 1531). A person who conducts surface mining activities promptly shall report to the director the presence in the permit area of any critical habitat of a threatened or endangered species listed by the secretary of the interior, any plant or animal listed as threatened or endangered by the state, or any bald or golden eagle of which that person becomes aware and which was not previously reported to the director by that person. Upon notification, the director shall consult with the Missouri Department of Conservation and the United States Fish and Wildlife Service and, after consultation, shall identify whether and under what conditions the operator may proceed.

(3) A person who conducts surface mining activities shall ensure that the design and construction of electric power lines and other transmission facilities used for or incidental to the surface mining activities on the permit area are in accordance with the guidelines set forth in Environmental Criteria for Electric Transmission System (USDI, USDA (1970)), incorporated by reference, or in alternative guidance manuals approved in the permit and plan. Distribution lines shall be designed and constructed in accordance with REA Bulletin 61-10, Powerline Contacts by Eagles and Other Large Birds, incorporated by refer ence, or in alternative guidance manuals approved (4) To the extent possible using the best technology currently available, each person who conducts surface mining activities shall— (A) Locate and operate haul and access roads so as to avoid or minimize impacts to important fish and wildlife species or other species protected by state or federal law;

(B) Fence roadways where specified in the permit and plan to guide locally important wildlife to roadway underpasses or overpasses and construct the necessary passages. No new barrier shall be created in known and important wildlife migration routes;

(C) Fence, cover or use other appropriate methods to exclude wildlife from ponds which contain hazardous concentrations of toxic-forming materials;

(D) Restore, enhance where practicable or avoid disturbance to habitats of unusually high value for fish and wildlife;

(E) Restore, enhance where practicable or maintain natural riparian vegetation on the banks of streams, lakes and other wetland (F) Afford protection to aquatic communities by avoiding stream channels as required in 10 CSR 40-3.040(18) or by restoring stream channels as required in 10 CSR 40- 3.040(4);

(G) Not use persistent pesticides on the area during surface mining and reclamation activities unless approved in the permit and plan; and (H) Prevent, control and suppress, to the extent possible, range, forest and coal fires which are not approved in the permit and plan as part of a management plan.

(5) If fish and wildlife habitat is to be a primary or secondary postmining land use, the operator, in addition to the requirements of 10 CSR 40-3.120(1)–(7) shall— 1. Select plant species to be used on reclaimed areas, based on the following criteria:

A. Their proven nutritional value for fish and wildlife;

B. Their uses as cover for fish and wildlife; and C. Their ability to support and enhance fish and wildlife habitat after release of bonds; and 2. Distribute plant groupings to maximize benefit to fish and wildlife. Plants should be grouped and distributed in a manner which optimizes edge effect, cover and other benefits for fish and wildlife.

(6) Where cropland is to be the alternative postmining land use on lands diverted from a fish and wildlife premining land use and where appropriate for wildlife and crop management practices, the reclaimed lands shall be interspersed with trees, hedges or fence 18CODE OF STATE REGULATIONS rows throughout the harvested area to break up large blocks of monoculture and to diversify habitat types for birds and other animals.

Wetlands shall be preserved or created rather than drained or otherwise permanently abolished.

(7) Where the primary land use is to be residential, public service or industrial land use, reclaimed land shall be interspersed with greenbelts utilizing species of grass, shrubs and trees useful as food and cover for birds and small animals, unless the greenbelts are inconsistent with the approved postmining land use.

(8) Stability Barriers.

(A) An undisturbed natural barrier shall be provided beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for a distance as may be determined in the permit and plan as is needed to assure stability. The barrier shall be retained in place to prevent slides and ero- (B) At any time a slide occurs, which may have a potential adverse effect on public property, health, safety or the environment, the person who conducts the surface mining activities shall notify the director by the fastest available means and comply with any remedial measures required in the permit and RSMo 1994.* Original rule filed Oct. 12, Amended: Filed Dec. 15, 1987, effective April 1, 1988. Amended: Filed Sept. 15, Filed May 15, 1992, effective Jan. 15, 1993.

Amended: Filed Sept. 15, 1995, effective April 30, 1995.

##### **10 CSR 40-3.110** Backfilling and Grading Requirements ments for backfilling and grading pursuant to sections 444.810, 444.855.2(3) and .3, (1) General. {#sec-10-csr-40-3.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.110}

(A) Timing of Backfilling and Grading.

1. Contour mining. Rough backfilling and grading shall follow coal removal by not more than sixty (60) days or one thousand five hundred (1500) linear feet. The director may grant additional time for rough backfilling and grading if the permittee can demonstrate, through a detailed written analysis under 10 CSR 40-6.050(8)(B)3., that additional time is necessary.

2. Open pit mining with thin overburden. Rough backfilling and grading shall occur in accordance with the time schedule approved in the permit and plan, on the basis of the materials submitted under 10 CSR 40- 6.050(8)(B)3., which shall specifically establish in stated increments the period between removal of coal and completion of backfilling and grading.

3. Area strip mining. Rough backfilling and grading either shall be— A. Completed within one hundred eighty (180) days following coal removal and shall not be more than four (4) spoil ridges behind the pit being worked, the spoil from the active pit being considered the first ridge;

B. Not more than three (3) spoil ridges behind the pit being worked, the spoil from the active pit being considered the first ridge. If the pit becomes inactive for a period longer than thirty (30) days and an alternate schedule is not approved, the pit must be backfilled and graded within one hundred eighty (180) days of cessation of operations.

4. Either of the previous two (2) rough backfilling and grading schedules shall be applicable to all areas on a mine with the backfilling and grading schedule for each specific area identified in the permit;

5. Additional time, spoil ridges, or both, for rough backfilling and grading may be granted by the director if the permittee can demonstrate in a detailed written analysis, including specific schedules and plans, that additional time or spoil ridges is necessary.

6. Active areas such as roads, ramps, parking areas, stockpiles and boxcut spoil, which area is shown on an approved operations plan map, are not subject to the backfilling and grading time frames until they become inactive or unless they are part of a variance schedule.

(B) Method for Backfilling and Grading.

1. Except as specifically exempted in this chapter, all disturbed areas shall be returned to their approximate original contour. All spoil shall be transported, backfilled, compacted (where advisable to ensure stability or to prevent leaching) and graded to eliminate all highwalls, spoil piles and depressions.

2. Backfilled material shall be placed to minimize adverse effects on groundwater, minimize off-site effects and to support the 3. The postmining graded slopes need not be of uniform slope.

4. Cut-and-fill terraces may be used only in those situations expressly identified in

section (2) of this rule.

(2) General Grading Requirements.

(A) The final graded slopes shall not exceed in grade either the approximate premining slopes or any lesser slopes approved in the permit and plan based on consideration of soil, climate or other characteristics of the surrounding area. Postmining final graded slopes need not be uniform but shall approximate the general nature of the premining topography. The requirements of this section may be modified in the permit and plan where the surface mining activities are reaffecting previously mined lands that have not been restored to the standards of this chapter and sufficient spoil is not available to otherwise comply with this section. The person who conducts surface mining activities, at a minimum, shall— 1. Retain all overburden and spoil on the solid portion of existing or new benches; and 2. Backfill and grade to the most moderate slope possible, to eliminate the highwall which does not exceed either the angle of repose or a lesser slope as is necessary to achieve a minimum static safety factor of one and three-tenths (1.3). In all cases the highwall shall be eliminated.

(B) On approval in the permit and plan in order to conserve soil moisture, ensure stability and control erosion on final graded slopes, cut-and-fill terraces may be allowed if the terraces are compatible with the approved postmining land use and are appropriate substitutes for construction of lower grades on the reclaimed lands. The terraces shall meet the following requirements:

1. The slope of the individual terrace bench shall not exceed twenty feet (20') unless specifically approved in the permit and plan as necessary for stability, erosion control or roads included in the approved postmining land use plan;

2. The vertical distance between terraces shall be as specified in the permit and plan, to prevent excessive erosion and to provide long-term stability;

3. The slope of the terrace outslope shall not exceed 1v:2h (50%). Outslopes which exceed 1v:2h (50%) may be approved, if they have a minimum static safety factor of more than one and three-tenths (1.3), provide adequate control over erosion and closely resemble the surface configuration of the land prior to mining. In no case may highwalls be left as

part of terraces; and 4. Culverts and underground rock drains shall be used on the terrace only when (C) Small depressions may be constructed, if they— 1. Are approved in the permit and plan to minimize erosion, conserve soil moisture or promote vegetation;

2. Do not restrict normal access; and 3. Are not inappropriate substitutes for lower grades on the reclaimed lands.

(D) All surface mining activities on slopes above twenty degrees (20°) or on lesser slopes that the permit and plan defines as steep slopes shall meet the provisions of 10 CSR 40-4.040.

(E) All final grading, preparation of overburden before replacement of topsoil and placement of topsoil shall be done along the contour to minimize subsequent erosion and instability. If this grading, preparation, or placement along the contour is unnecessary or is hazardous to equipment operations, then grading, preparation or placement in a direction other than generally parallel to the contour may be used if approved in the permit and plan. In all cases, grading, preparation or placement shall be conducted in a manner which minimizes erosion and provides a surface for replacement of topsoil which will minimize slippage.

(3) Covering Coal Seams, Combustible and Acid-Forming and Toxic-Forming Materials.

(A) Cover.

1. Exposed coal seams, acid-forming and toxic-forming materials and combustible materials exposed, used or produced during mining shall be adequately covered with nontoxic and noncombustible material or treated, to control the impact on surface and ground water in accordance with 10 CSR 40-3.040, to prevent sustained combustion and to minimize adverse effects on plant growth and the approved postmining land use. Coal processing waste and noncoal waste shall be covered in accordance with 10 CSR 40-3.080.

2. Where necessary to protect against upward migration of salts, exposure to erosion, formation of acid or toxic seeps, to provide an adequate depth for plant growth or otherwise to meet local conditions, the permit and plan shall specify thicker amounts of cover using nontoxic material, or special compaction and isolation from groundwater contact.

3. Acid-forming or toxic-forming material, combustible materials and coal processing waste shall not be buried or stored in proximity to a drainage course so as to cause or pose a threat of water pollution.

(B) Stabilization. Backfilled materials shall be selectively hauled or conveyed and compacted, wherever necessary, to prevent leaching of acid- and toxic-forming materials into surface or ground waters and wherever necessary to ensure stability of the backfilled materials. The method and design specifications of compacting material shall be approved in the permit and plan before acid- or toxicforming materials are covered.

(4) Thin Overburden.

(A) The provisions of this section apply only where there is insufficient spoil and other waste materials available from the entire permit area to restore the disturbed area to its approximate original contour.

Insufficient spoil and other waste materials occur where the overburden thickness times the swell factor, plus the thickness of other available waste materials, is less than the combined thickness of the overburden and coal bed prior to removing the coal, so that after backfilling and grading the surface configuration of the reclaimed area would not:

1. Closely resemble the surface configuration of the land prior to mining; or 2. Blend into and complement the drainage pattern of the surrounding terrain.

The provisions of this section apply only when surface mining activities cannot be carried out to comply with section (1) of this

rule to achieve the approximate original contour.

(B) In surface mining activities carried out continuously in the same limited pit area for more than one (1) year from the day coalremoval operations begin and where the volume of all available spoil and suitable waste materials over the mine plan area is demonstrated to be insufficient to achieve the approximate original contour of the lands disturbed, surface mining activities shall be conducted to meet, at a minimum, the following standards:

1. Haul or convey, backfill and grade, using all available spoil and suitable waste materials from the entire mine area, to attain the lowest practicable stable grade, to achieve a static safety factor of one and three-tenths (1.3), and to provide adequate drainage and long-term stability of the regraded areas and cover all acid- and toxic-forming materials;

2. Eliminate highwalls by grading or backfilling to stable slopes not exceeding 1v:2h (50%) or lesser slopes as may be specified in the permit and plan to reduce erosion, maintain the hydrologic balance or allow the approved postmining land use;

3. Haul or convey, backfill, grade and revegetate, in accordance with 10 CSR 40- 3.120(1)–(7), to achieve an ecologically sound land use compatible with the prevailing use in unmined areas surrounding the mine plan area; and 4. Haul or convey, backfill and grade, to ensure impoundments are constructed only where— A. It has been demonstrated that all requirements of 10 CSR 40-3.040(1)–(16) have been met; and B. The impoundments have been approved in the permit and plan as suitable for the approved postmining land use as meeting the requirements of this chapter and all other applicable federal and state laws and regulations.

(5) Thick Overburden.

(A) The provisions of this section apply only where there is more than sufficient spoil and other waste materials available from the entire permit area to restore the disturbed area to its approximate original contour.

More than sufficient spoil and other waste materials occur where the overburden thickness times the swell factor exceeds the combined thickness of the overburden and coal bed prior to removing the coal, so that after backfilling and grading the surface configuration of the reclaimed area would not:

1. Closely resemble the surface configuration of the land prior to mining; or 2. Blend into and complement the drainage pattern of the surrounding terrain.

The provisions of this section apply only when surface mining activities cannot be carried out to comply with section (1) of this

rule to achieve the approximate original contour.

(B) In surface mining activities where the volume of spoil over the mine plan area is demonstrated to be more than sufficient to achieve the approximate original contour, surface mining activities shall be conducted to meet, at a minimum, the following standards:

1. Haul or convey, backfill and grade all spoil and wastes not required to achieve the approximate original contour of the mine plan area, to the lowest practicable grade, to achieve the static factor of safety of one and three-tenths (1.3) and cover all acid-forming and other toxic-forming materials;

2. Haul or convey, backfill and grade excess spoil and wastes only within the permit area and dispose of those materials in accordance with 10 CSR 40-3.060(1)–(4);

3. Haul or convey, backfill and grade excess spoil and wastes to maintain the hydrologic balance, in accordance with sections 10 CSR 40-3.040(1)–(17), and to provide longterm stability by preventing slides, erosion and water pollution;

4. Haul or convey, backfill, grade and revegetate wastes and excess spoil to achieve an ecologically sound land use approved in 20CODE OF STATE REGULATIONS the permit and plan as compatible with the prevailing land uses in unmined areas surrounding the mine plan area;

5. Eliminate all highwalls and depressions by backfilling with spoil and suitable waste materials; and 6. Meet the revegetation requirements of 10 CSR 40-3.120(1)–(7) for all disturbed areas.

(6) Regrading or Stabilizing Rills and Gullies.

(A) When rills or gullies deeper than nine inches (9") form in areas that have been regraded and topsoiled, the rills and gullies shall be stabilized as soon as weather and soil conditions permit by use of temporary or permanent measures. Rills and gullies deeper than nine inches (9") which have formed prior to August 1 of any year and which either 1) disrupt the approved postmining land use or the reestablishment of the vegetative cover, or 2) cause or contribute to a violation of water quality standards for receiving streams shall be filled, graded and topsoiled by September 1 of each year and reseeded or replanted according to 10 CSR 40-3.120(1)– (7) as soon as weather and soil conditions permit, but no later than September 30 of each year. Rills and gullies of lesser depth which have formed prior to August 1 of any year must be permanently or temporarily stabilized as soon as weather and soil conditions permit and permanently repaired and topsoiled, if in a topsoiled area, by September 30 of each year if the rills and gullies disrupt the approved land use or the reestablishment of a vegetative cover or cause or contribute to a violation of water quality standards for receiving stream.

(B) On areas that have been previously mined, the requirements for regrading or stabilizing rills and gullies pursuant to subsection (6)(A) apply after final grading and placement of topsoil or the best available topsoil substitute.

Filed Dec. 10, 1980, effective April 11, 1981.

Amended: Filed June 27, 1986, effective Jan. 12, 1987. Amended: Filed Aug. 14, 1986, effective Feb. 28, 1987. Amended: Filed Sept. 1990, 1993, 1995; and 444.810,RSMo 1979, amended

##### **10 CSR 40-3.120** Revegetation Requirements {#sec-10-csr-40-3.120 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.120}

PURPOSE: This rule sets forth revegetation requirements pursuant to sections 444.810 and 444.855.2(19) and (20), RSMo. expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by (1) General Requirements.

(A) The permittee shall establish on regraded areas and on all other disturbed areas, except water areas and surface areas of roads that are approved as part of the postmining land use, a vegetative cover that is in accordance with the approved permit and reclamation plan and that is to be— 1. Diverse, effective and permanent;

2. Comprised of species native to the area, or of introduced species where allowable under section (2) of this rule, and necessary to achieve the approved postmining land use and approved by the regulatory authority;

3. At least equal in extent of cover to the natural vegetation of the area; and 4. Capable of stabilizing the soil surface from erosion.

(B) The reestablished plant species shall— 1. Be compatible with the approved postmining land use;

2. Have the same seasonal characteristics of growth as the original vegetation;

3. Be capable of self-regeneration and plant succession;

4. Be compatible with the plant and animal species of the area; and 5. Meet the requirements of applicable state and federal seed, poisonous and noxious plant and introduced species laws or regulations.

(C) For areas designated as prime farmland, the requirements of 10 CSR 40-4.030 shall apply.

(D) The regulatory authority may grant exception to the requirements of paragraphs (1)(B)2. and 3. of this rule when the species are necessary to achieve a quick-growing, temporary, stabilizing cover and measures to establish permanent vegetation are included in the approved permit and reclamation plan.

(E) When the regulatory authority approves a cropland or prime farmland postmining land use, the regulatory authority may grant exception to the requirements of paragraphs (1)(A)1. and 3., and (1)(B)2. and 3. of this rule.

(2) Use of Introduced Species. Introduced species may be substituted for native species only if approved in the permit and plan under the following conditions:

(A) After appropriate field trials have demonstrated that the introduced species are desirable and necessary to achieve the approved postmining land use;

(B) The species are necessary to achieve a quick, temporary and stabilizing cover that aids in controlling erosion; and measures to establish permanent vegetation are included in the approved plan submitted under 10 CSR 40-6.050(8)(B)3. and 10 CSR 40-6.050(10);

(C) The species are compatible with the plant and animal species of the region; and (D) The species meet the requirements of applicable state and federal seed or introduced species statutes and are not poisonous or noxious.

(3) Timing. Seeding and planting of disturbed areas shall be conducted during the first normal period for favorable planting conditions after final preparation. The normal period for favorable planting shall be that planting time generally accepted locally for the type of plant materials selected. When necessary to effectively control erosion, any disturbed area shall be seeded and planted, as contemporaneously as practicable with the completion of backfilling and grading, with a temporary cover of small grains, grasses or legumes until a permanent cover is established.

(4) Mulching and Other Soil Stabilizing Practices.

(A) Suitable mulch and other soil stabilizing practices shall be used on all regraded and topsoiled areas to control erosion, promote germination of seeds or increase the moisture-retention capacity of the soil. The commission or director, on a case-by-case

basis, may suspend the requirement for mulch, if the permittee can demonstrate that alternative procedures will achieve the requirements of section (6) of this rule and do not cause or contribute to air or water pollution.

(B) When required in the permit and plan, mulches shall be mechanically or chemically anchored to the soil surface to assure effective protection of the soil and vegetation.

(C) Annual grasses and grains may be used alone asin situmulch, or in conjunction with another mulch, when the commission or director determines that they will provide adequate soil erosion control and will later be replaced by perennial species approved for the postmining land use.

(D) Chemical soil stabilizers alone, or in combination with appropriate mulches, may be used in conjunction with vegetative covers approved for the postmining land use.

(5) Grazing. When the approved postmining land use is pasture, the reclaimed land may be used for livestock grazing at a grazing capacity approved in the permit and plan approximately equal to that for similar nonmined lands, for at least the last two (2) full years of liability required under subsection (6)(B) of this rule or may be used in another manner, as approved, which will determine the productive capacity approved in the permit and plan approximately equal to that for similar nonmined lands.

(6) Standards for Success.

(A) Success of revegetation shall be measured by statistically valid techniques and in accordance with guidelines established by the director and referenced under paragraph (6)(B)2. of this rule. Comparison of ground cover and productivity may be made on the

basis of reference areas or criteria representative of unmined lands in the area being reclaimed or through the use of technical guidance procedures published by the United States Department of Agriculture (USDA) or United States Department of Interior (USDI) for assessing ground cover and productivity.

Management of the reference area, if applicable, shall be comparable to that which is required for the approved postmining land use of the permit area.

(B) General Requirements.

1. Ground cover and productivity of living plants on the revegetated area within the permit area shall be equal to the ground cover and productivity of living plants on the approved reference area or to the standards in other technical guides approved by the commission for use in the regulatory program.

The period of extended responsibility initiates after the last year of augmented seeding, fertilizing, irrigation or other work which ensures success and continues for not fewer than five (5) years.

2. Specific standards for postmining land uses— A. For areas to be used as woodland, success in revegetation shall be determined on the basis of ground cover and tree and shrub count. Ground cover and tree and shrub stocking shall be considered acceptable if they are equal to ninety percent (90%) of the approved success standard at a ninety percent (90%) statistical confidence level for the last year of the five (5)-year responsibility period. The success standard for ground cover is a ground cover density of seventy percent (70%). The success standard for tree and shrub stocking rate shall be determined on a specific permit basis with consultation and approval of the Missouri Department of for Woodland”;

B. In areas to be developed for industrial/commercial land use fewer than two (2) years after regrading is completed, the vegetative ground cover shall not be less than required to control erosion. If the area is not developed for industrial/commercial use within two (2) years of regrading, ground cover must have a density of seventy percent (70%), at a ninety percent (90%) statistical confidence level and not be less than that required to control erosion. Measurements for ground cover shall be performed in accordance with the criteria contained in the current guidelines of the Land Reclamation Commission entitled “Phase III Success Standards for Industrial/Commercial Revegetation”;

C. For areas to be used for cropland unless otherwise approved in the permit and plan, success in revegetation of cropland shall be determined on the basis of crop production from the mined area as compared to approved reference areas or other technical guidance procedures. Crop production from the mined area shall be equal to or greater than that of the approved standard for any two (2) years, except the first year, of the five (5)-year liability period established in paragraph (6)(B)1. of this rule. Production shall not be considered equal if it is less than ninety percent (90%) of the production of the approved standard with ninety percent (90%) statistical confidence. Measurements for crop productivity shall be performed in accordance with the criteria contained in the current guidelines of the Land Reclamation Commission entitled “Phase III Revegetation Success Standards for Cropland”;

D. On areas to be developed for wildlife habitat, success of vegetation shall be determined on the basis of tree, shrub or halfshrub stocking and ground cover. The tree, shrub or half-shrub stocking shall meet the standards described in section (7) of this rule.

Ground cover shall be considered acceptable if it has at least seventy percent (70%) density with ninety percent (90%) statistical confidence. The success standard for tree and shrub stocking rate shall be determined on a specific permit basis with consultation and approval of the Missouri Department of cover and stocking shall be performed in accordance with the criteria contained in the current guidelines of the Land Reclamation Commission entitled “Phase III Revegetation Success Standards for Wildlife Habitat”;

E. For areas to be developed for pasture use, success of revegetation shall be determined on the basis of ground cover and the production of living plants. Ground cover and production shall be considered acceptable if they are at least ninety percent (90%) of the approved success standard at a ninety percent (90%) statistical confidence level for any two (2) years of the five (5)-year responsibility period, except the first year. The success standard for ground cover shall be ninety percent (90%) density. The success standard for hay production shall be the yield from the reference area. Measurements for ground for Pasture and Previously Mined Areas”;

F. For areas to be developed for prime farmland use, success of revegetation shall be determined on the basis of crop production.

Crop production shall be considered acceptable if it is one hundred percent (100%) of the approved success standard at a ninety percent (90%) statistical confidence level for any three (3) years of the five (5)-year responsibility period, except the first year. The success standard for crop production shall be the yield from the reference area or other technical guidance procedures. Measurement of soil productivity shall be initiated within ten (10) years after completion of soil replacement. Measurements for crop productivity shall be performed in accordance with the criteria contained in 10 CSR 40-4.030 and in the current guidelines of the Land Reclamation Commission entitled “Phases II/III Revegetation Success Standards For Prime Farmland”;

G. For areas to be developed for a recreation land use, success of revegetation shall be determined on the basis of ground cover and tree and shrub stocking. Ground cover shall be considered acceptable if it is equal to a density of seventy percent (70%), at a ninety percent (90%) statistical confidence level. The success standard for tree and shrub stocking rate shall be determined on a specific permit basis with consultation and approval of the Missouri Department of 22CODE OF STATE REGULATIONS For a Recreation Land Use”;

H. For areas to be developed for residential use fewer than two (2) years after regrading is completed, the vegetative ground cover density shall not be less than required to control erosion. If the area is not developed for residential use within two (2) years of regrading, ground cover must be equal to a density of seventy percent (70%), at a ninety percent (90%) statistical confidence level.

Measurements for ground cover density shall “Program Phase III Revegetation Standards For Residential Land Use”; and I. For areas previously disturbed by mining that were not reclaimed to the requirements of subsection (6)(B) and that are remined or otherwise redisturbed by surface coal mining operations, as a minimum, the vegetative ground cover shall be not less than the ground cover existing before redisturbance and shall be adequate to control ero- 3. Vegetative ground cover shall not be less than that required to achieve the (C) The person who conducts surface mining activities shall— 1. Maintain any necessary fences and proper management practices; and 2. Conduct periodic measurements of vegetation, soils and water prescribed or approved in the permit and plan to identify conditions during the applicable period of liability specified in subsection (6)(B) of this (D) For permit areas forty (40) acres or less in size in locations with an average annual precipitation of more than twenty-six inches (26"), the following performance standards, if approved in the permit and plan, may be used instead of reference areas to measure success of revegetation on sites that are disturbed. These standards shall be met for a minimum of five (5) consecutive years:

1. Areas planted only in herbaceous species shall sustain a vegetative ground cover of seventy percent (70%) for five (5) full consecutive years;

2. Areas planted with a mixture of herbaceous and woody species shall sustain a herbaceous vegetative ground cover of seventy percent (70%) for five (5) full consecutive years and four hundred (400) woody plants per acre after five (5) years. On steep slopes, the minimum number of woody plants shall be six hundred (600) per acre; and 3. For purposes of this section, herbaceous species means grasses, legumes and nonleguminous forbs; woody plants means woody shrubs, trees and vines; and ground cover means the area of ground covered by the combined aerial parts of vegetation and the litter that is produced naturally on-site, expressed as a percentage of the total area of measurement.

(7) Tree and Shrub Stocking for Woodland, Wildlife Habitat and Recreation Land Uses.

This section sets forth forest resource conservation standards for reforestation operations to ensure that a cover of commercial tree species, noncommercial tree species, shrubs or half-shrubs, sufficient for adequate use of the available growing space, is established after surface mining activities.

(A) Stocking, that is, the number of stems per unit area, will be used to determine the degree to which space is occupied by welldistributed, countable trees, shrubs or halfshrubs.

1. Root crown or root sprouts over one foot (1') in height shall count as one (1) toward meeting the stocking requirements.

Where multiple stems occur, only the tallest stem will be counted.

2. A countable tree or shrub means a tree that can be used in calculating the degree of stocking under the following criteria:

A. The tree or shrub shall be in place at least two (2) growing seasons;

B. The tree or shrub shall be alive and healthy; and C. The tree or shrub shall have at least one-third (1/3) of its length in live crown.

3. Rock areas, permanent road and surface water drainage ways on the revegetated area shall not require stocking.

(B) The following are the minimum performance standards for areas where woodland is the approved postmining land use:

1. The area shall have a minimum stocking of four hundred fifty (450) trees or shrubs per acre;

2. A minimum of seventy-five percent (75%) of countable trees or shrubs shall be commercial tree species;

3. The number of trees or shrubs and the ground cover shall be determined using procedures described in subparagraph (6)(B)2.D. and subsection (7)(A) of this rule and the sampling method approved in the permit and plan; when the stocking is equal to or greater than four hundred fifty (> 450) trees or shrubs per acre and there is acceptable ground cover, the five (5)-year responsibility period required in subparagraph (6)(B)2.D. and paragraph (7)(C)2. of this rule shall begin; and 4. Upon expiration of the five (5)-year responsibility period and at the time of request for bond release, each permittee shall provide documentation showing that the stocking of trees and shrubs and the ground cover on the revegetated area is satisfied by the provisions set out in subparagraph (6)(B)2.D. and paragraph (7)(B)1. of this (C) The following are the minimum performance standards for areas where woody plants are used for wildlife management, recreation, shelter belts or forest uses other than commercial forest land:

1. An inventory of trees, half-shrubs and shrubs shall be conducted on established reference areas according to methods approved in the permit and plan. This inventory shall contain, but not be limited to— A. Site quality;

B. Stand size;

C. Stand condition;

D. Site and species relations; and E. Appropriate forest land utilization considerations;

2. The stocking of trees, shrubs, halfshrubs and the ground cover established on the revegetated area shall approximate the stocking and ground cover approved in the permit. Minimum stocking and planting arrangements shall be based on local and regional conditions after consultation with and approval from the Missouri Department of Conservation. The stocking of live woody plants shall be equal to or greater than ninety percent (90%) of the stocking of woody plants of the same life form approved in the permit. When this requirement is met and acceptable ground cover is achieved, the five (5)-year responsibility period required in sub-

section (6)(B) of this rule shall begin; and 3. Upon expiration of the five (5)-year responsibility period, each permittee shall provide documentation showing that— A. The woody plants established on the revegetated site are equal to or greater than ninety percent (90%) of the stocking rate approved in the permit with ninety percent (90%) statistical confidence and, at the time of final bond release, at least eighty percent (80%) of the trees and shrubs used to determine success shall have been in place for sixty percent (60%) of the applicable minimum period of responsibility;

B. The ground cover on the revegetated area satisfies subparagraph (6)(B)2.D. of this rule. Species diversity, seasonal variety and regenerative capacity of the vegetation of the revegetated area shall be evaluated on the

basis of the results which could reasonably be expected using the revegetation methods described in the mining and reclamation plan;

C. Vegetative ground cover shall not be less than that required to achieve the (8) Reclamation Schedule.

(A) In addition to the temporal and spatial requirements for completion of grading specified in 10 CSR 40-3.110(1)(A), other aspects of reclamation shall be completed in a timely manner as follows:

1. Replacement of topsoil shall be completed within two hundred seventy (270) days of the completion of backfilling and rough grading or as contemporaneously as possible as defined in the approved permit;

2. A permanent cover sufficient to control erosion, or an equivalent erosion control practice, as approved by the director, shall be in place within two (2) years of the completion of initial seeding;

3. Within four (4) years of the completion of initial seeding— A. Reclaimed land shall qualify for a Phase II liability release; and B. The permittee shall submit a request for release of Phase II liability;

4. Siltation structures and diversions that are no longer needed for control of sediment shall be graded, topsoiled and seeded within eighteen (18) months after approval of a Phase II liability release of all disturbed areas within the watershed they serve. These Siltation structures and diversions shall be clearly indicated by the director in the Phase II liability release inspection report;

5. Revegetation success on indus trial/commercial areas, public service areas, recreation areas and residential areas shall be demonstrated in the last year of the five (5)- 6. Revegetation success on woodland areas and wildlife areas shall be demonstrated in the last year of the five (5)-year responsibility period;

7. Revegetation success on cropland and pasture shall be demonstrated in any two (2) years of the last four (4) years of the five (5)- 8. Revegetation success on prime farmland shall be demonstrated in any three (3) years of the last four (4) years of the five (5)- 9. Measurements of ground cover, productivity and tree and shrub density shall be submitted to the commission within thirty (30) days of data collection for the years the permittee uses to prove revegetation success.

If a permittee is unable to demonstrate revegetation success at the end of the five (5)-year responsibility period, the responsibility period and the requirement to measure productivity shall be extended year-by-year until the revegetation success standards are met; and 10. Within six (6) months after revegetation success is demonstrated for a given area— A. All requirements of 10 CSR 40- 7.021(2)(D) shall be met; and B. The permittee shall submit a request for release of Phase III liability to the commission.

(B) The requirements of subsection (8)(A) shall not apply to areas that are used and needed specifically for the support of ongoing reclamation or mining activities and on which grading, topsoiling, or both cannot be completed until the areas are no longer needed for the support of ongoing reclamation or mining activities. The areas shall include, but shall not be limited to, haul roads, siltation structures, diversions and stockpiles. The requirements of subsection (8)(A) shall apply to these areas when they are no longer needed for support activities.

(C) The director may approve variances from the requirements of paragraphs (8)(A)1.—8. if— 1. The permittee can demonstrate that unusual circumstances which are beyond his/her control have made him/her temporarily unable to conform to the requirements;

2. The variance is requested for the purpose of improving the efficiency of the management of the reclaimed land, and the director determines that the variance will not unreasonably delay reclamation and the release of Phase III liability; or 3. The variance is requested for the purpose of allowing the permittee to perform reclamation that significantly exceeds the requirements of the law.

(D) The permittee shall report to the director the status of reclamation on all of his/her operations as of January 1 of each year. The report shall contain a narrative and map outlining the following as a minimum:

1. Total acres disturbed by mining (that is, spoil banks, open pit, bench);

2. Total acres disturbed to assist mining (that is, siltation structures, diversions, haul roads, topsoil stockpiles);

3. Acres finished graded (that is, all grading complete);

4. Acres not yet finished graded (that is, pit, bench, adjacent four (4) or fewer spoils);

5. Acres finished topsoiled (that is, topsoil completed and most likely seeded);

6. Acres not yet topsoiled;

7. Acres seeded (that is, permanent seeding of grass-legume and cover crop) and a description of the species planted and the methods used;

8. Acres permanent impoundments (that is, siltation structures and final pits);

9. Acres permanent roads;

10. Acres fully reclaimed (that is, reclamation completed; however, future touchup and overseeding may be necessary to ensure bond release status); and 11. Additional acres disturbed to support mining (that is, preparation plants, office and shop areas, slurry ponds, coal storage piles).

April 11, 1981. Amended: Filed Dec. 9, 1982, effective April 11, 1983. Amended: Filed June 27, 1986, effective Oct. 27, 1986. Amended:

Filed Aug. 14, 1986, effective Feb. 28, 1987.

Amended: Filed Dec. 15, 1987, effective April 1, 1988. Amended: Filed Sept. 15, Filed Jan. 4, 1989, effective April 1, 1989. effective Jan. 15, 1993. Amended: Filed Sept. 29, 1995, effective March 30, 1996.

Oct. 30, 2000. 1990, 1993, 1995 and 444.810, RSMo 1979, amended

##### **10 CSR 40-3.130** Postmining Land Use Requirements {#sec-10-csr-40-3.130 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.130}

PURPOSE: This rule sets forth postmining land use requirements pursuant to sections 444.810 and 444.855.2(2), RSMo.

(1) General. All affected areas shall be restored in a timely manner to— (A) Conditions that are capable of supporting the uses which they were capable of supporting before any mining; or (B) Higher or better uses achievable under criteria and procedures of this rule.

(2) Determining Premining Uses of Land.

The pre-mining uses of land to which the postmining land use is compared shall be those uses which the land previously supported, if the land had not been previously mined and had been properly managed. The postmining land use for land that has been previously mined and not reclaimed shall be judged on the basis of the land use that exist ed prior 24CODE OF STATE REGULATIONS to any mining; provided, that if the land cannot be reclaimed to the land use that existed prior to any mining because of the previously mined condition, the postmining land use shall be judged on the basis of the highest and best use that can be achieved which is compatible with surrounding areas and does not require the disturbance of areas previously unaffected by mining.

(A) The postmining land use for land that has been previously mined and not reclaimed shall be judged on the basis of the uses which it was capable of supporting prior to any mining, or the highest and best use that can be achieved and is compatible with surrounding areas and does not require the disturbance of areas previously unaffected by mining.

(B) The postmining land use for land that has received improper management shall be judged on the basis of the premining use of surrounding lands that have received proper management.

(C) If the premining use of the land was changed within five (5) years of the beginning of mining, the comparison of postmining use to premining use shall include a comparison with the historic use of the land as well as its use immediately preceding mining.

(3) Criteria for Alternative Postmining Land Uses. Higher or better uses may be approved by the regulatory authority as alternative postmining land uses after consultation with the landowner or the land management agency having jurisdiction over the lands, if the proposed uses meet the following criteria:

(A) There is a reasonable likelihood for achievement of the use;

(B) The use does not present any actual or probable hazard to public health or safety, or threat of water diminution or pollution;

(C) The use will not— 1. Be impractical or unreasonable;

2. Be inconsistent with applicable land use policies or plans;

3. Involve unreasonable delay in implementation; or 4. Cause or contribute to violation or federal, state or local law.

RSMo 1994.* Original rule filed Oct. 12, Filed Dec. 10, 1980, effective April 11, 1981. effective Jan. 15, 1993. 1983, 1993, 1995;

##### **10 CSR 40-3.140** Road and Other Transportation Requirements {#sec-10-csr-40-3.140 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.140}

PURPOSE: This rule sets forth road and other transportation requirements pursuant to

section 444.810, RSMo.

PUBLISHER’S NOTE: The publication of the full text of the material that the adopting agency has incorporated by reference in this

rule would be unduly cumbersome or expensive. Therefore, the full text of that material will be made available to any interested person at both the Office of the Secretary of State and the office of the adopting agency, pursuant to section 536.031.4, RSMo. Such material will be provided at the cost established by state law.

(1) Roads—Class I—General.

(A) Each person who conducts surface Class I roads and reclaim the area to meet the requirements of sections (2)–(7) of this rule and to control or prevent erosion; siltation; the air pollution attendant to erosion, including road dust as well as dust occurring on other exposed surfaces, by measures such as vegetating, watering, using chemical or other dust suppressants, or otherwise stabilizing all exposed surfaces in accordance with current, prudent engineering practices; and water pollution and damage to public or private property.

(B) To the extent possible using the best technology currently available, Class I roads shall not cause damage to fish, wildlife and related environmental values and shall not cause additional contributions of suspended solids to streamflow or to runoff outside the (C) All Class I roads shall be removed and the land affected regraded and revegetated in accordance with the requirements of section (7) of this rule unless— 1. Retention of the road is approved as

part of the approved postmining land use or as being necessary to adequately control erosion;

2. The necessary maintenance is assured; and 3. All drainage is controlled according to section (4) of this rule.

(D) Class I Roads General Design.

1. The design and construction or reconstruction of Class I and II roads shall be certified by a qualified registered professional engineer in accordance with sections (2)–(7) of this rule. Construction or reconstruction of Class I roads must be certified in a report to the director. The report shall indicate that the Class I road has been constructed or reconstructed as designed and in accordance with the approved plan.

2. The design shall incorporate the demand for mobility and travel efficiency based on geometric criteria both horizontal and vertical, appropriate for the anticipated volume of traffic and weight and speed of vehicles to be used.

(2) Roads—Class I—Location.

(A) Class I roads shall be located, insofar as possible, on ridges or on the most stable available slopes to minimize erosion.

(B) No part of any Class I road shall be (C) Stream fords are prohibited unless they are specifically approved in the permit and plan as temporary routes during periods of construction. The fords shall not adversely affect stream sedimentation or fish, wildlife and related environmental values. All other stream crossings shall be made using bridges, culverts or other structures designed, constructed and maintained to meet the requirements of section (4) of this rule.

(D) Class I roads shall be located to minimize downstream sedimentation and flood- (3) Roads—Class I—Design and Construc tion. Class I roads shall be designed and constructed or reconstructed in compliance with the following standards in order to control subsequent erosion and disturbance of the hydrological balance:

(A) Vertical Alinement. Except where lesser grades are necessary to control site-specific conditions, maximum road grades shall be as follows:

1. The overall grade shall not exceed 2. The maximum pitch grade shall not exceed 1v:6.5h (15%); and 3. There shall be not more than three hundred feet (300') of pitch grade exceeding ten percent (10%) within any consecutive one thousand feet (1000') of Class I roads, but in no case shall there be any pitch grade over fifteen percent (15%);

(B) Horizontal Alinement. Class I roads shall have horizontal alinement as consistent with the existing topography as possible and shall provide the alinement required to meet the performance standards of sections (1)–(7) of this rule. The alinement shall be determined in accordance with the anticipated volume of traffic, and weight and speed of vehicles to be used. Horizontal and vertical aline ment shall be coordinated to ensure that one will not adversely affect the other and to ensure that the road will not cause environmental damage;

(C) Road Cuts.

1. Cut slopes shall not be steeper than specifically authorized in the permit and plan which shall not authorize slopes steeper than 1v:1.5h in unconsolidated materials or 1v:0.25h in rock, except that steeper slopes may be specifically authorized in the permit and plan if geotechnical analysis demonstrates that a minimum safety factor of one and five-tenths (1.5) can be maintained.

2. Topsoil or other materials suitable all cut slopes of 1v:1.5h or flatter to aid in establishing vegetation and to minimize erosion. Topsoil depth shall be adequate to support vegetation necessary to control erosion.

3. Temporary erosion-control measures shall be implemented during construction to minimize sedimentation and erosion until permanent control measures can be established;

(D) Road Embankments. Embankment sections shall be constructed in accordance with the following provisions:

1. All vegetative material and topsoil shall be removed from the embankment foundation during construction to increase stability and no vegetative material or topsoil shall be placed beneath or in any Class I road embankment;

2. Where an embankment is to be placed on side slopes exceeding 1v:5h (20%), the existing ground shall be plowed, stepped or; if in bedrock, keyed in a manner which increases the stability of the fill. The keyway shall be a minimum of ten feet (10') in width and shall extend a minimum of two feet (2') below the toe of the fill;

3. Material containing by volume less than twenty-five percent (25%) of rock larger than six inches (6") in greatest dimension shall be spread in successive uniform layers not exceeding twelve inches (12") in thickness before compaction;

4. Where the material for an embankment consists of large size rock, broken stone or fragmented material that makes placing it in twelve-inch (12") layers impossible under paragraph (3)(D)3. of this rule, the embankment shall be constructed in uniform layers not exceeding in thickness the approximate average size of the rock used, but the layers shall not exceed thirty-six inches (36") in thickness. Rocks shall not be dumped in final position but shall be distributed by blading or dozing in a manner that will ensure proper placement in the embankment, so that voids, pockets and bridging will be reduced to a minimum. The final layer of the embankment shall meet the requirements of paragraph (3)(D)3. of this rule;

5. Each layer of the embankment shall be completed, leveled and compacted before the succeeding layer is placed. Loads of material shall be leveled as placed and kept smooth. The successive layers shall be evenly compacted by routing the hauling and leveling equipment over the entire width of the embankment. This procedure shall be continued until no visible horizontal movement of the embankment material is apparent;

6. Embankment layers shall be compacted as necessary to ensure that the embankment is adequate to support the anticipated volume of traffic and weight and speed of vehicles to be used. In selecting the method to be used for placing embankment material, consideration shall be given in the design to factors such as the foundation, geological structure, soils, type of construction and equipment to be used. A structural and foundational analysis shall be performed to establish design standards for embankment stability appropriate to the site. Publications of the American Association of State Highway and Transportation Officers (AASHTO) including AASHTO T-99, T-180, T-191 and the modified AASHTO test or other specifications generally recognized by transportation engineers as adequate for design of highway embankments, shall be used to determine the degree of compaction required, on the basis of soil type and the anticipated volume of traffic and weight and speed of vehicles to be used and are incorporated in this rule by reference. Compaction effort shall be adequate to achieve the degree of compaction required.

No lift shall be placed on a layer until the design density is achieved throughout the layer. AASHTO specifications such as T-99, T-180, the modified AASHTO test or other comparable specifications approved in the permit and plan shall be used as guidelines for the determination of the maximum dry density for granular materials;

7. Material shall be placed in an embankment only when its moisture content is within acceptable levels to achieve design compaction;

8. Embankment slopes shall not be steeper than 1v:2h, except that where the embankment material is a minimum of eighty-five percent (85%) rock, slopes shall not be steeper than 1v:1.35h if it has been demonstrated that embankment stability will result. Where rock embankments are constructed, they shall meet the requirements of paragraph (3)(D)4. of this rule;

9. The minimum safety factor for all embankments shall be one and three-tenths (1.3) or a higher factor as the permit and plan may specify;

10. The road surface shall be sloped toward the ditch line at a minimum rate of one-quarter inch (1/4") per foot of surface width or crowned at a minimum rate of width as measured from the centerline of the road;

11. All material used in embankments shall be suitable for use under paragraphs (3)(D)1.–8. of this rule. The material shall be reasonably free of organic material, coal or coal blossom, frozen materials, wet or peat material, natural soils containing organic matter or any other material considered unsuitable in the permit and plan for use in embankment construction;

12. Excess or unsuitable material from excavations, as defined in paragraph (3)(D)11. of this rule, shall be disposed of in accordance with 10 CSR 40-3.060(1). Acidand toxic-forming material shall be disposed of in accordance with 10 CSR 40-3.040(8), 10 CSR 40-3.080(1) and 10 CSR 40- 3.110(3);

13. Acid-producing materials shall be permitted for constructing embankments for only those Class I roads constructed or reconstructed on coal processing waste banks and only if it has been demonstrated that no additional acid will leave the confines of the coal processing waste bank. In no case shall acidbearing refuse material be used outside the confines of the coal processing waste bank.

Restoration of the road shall be in accordance with the requirements of 10 CSR 40- 3.110(3)–(6) and 10 CSR 40-3.120(1)–(7);

14. Topsoil or other material suitable all embankment slopes of 1v:1.5h or flatter to aid in establishing vegetation and to minimize erosion. Topsoil material depth shall be adequate to support vegetation and to prevent erosion; and 15. Temporary erosion-control measures shall be incorporated during construction to control sedimentation and minimize erosion until permanent control measures can be established; and (E) Topsoil Removal. Before initiation of construction or reconstruction of a Class I road, topsoil and other materials, as determined under 10 CSR 40-3.030(2), shall be removed from the design roadbed, shoulders and surfaces where associated structures will be placed and shall be stored in accordance with 10 CSR 40-3.030(3).

(4) Roads—Class I—Drainage.

(A) General.

1. Each Class I road shall be designed, to have adequate drainage, using structures 26CODE OF STATE REGULATIONS such as, but not limited to, ditches, cross drains and ditch relief drains. The water control system shall be designed to safely pass the peak runoff from a ten (10)-year, (24)hour precipitation event or a greater event if required in the permit and plan.

2. Sediment control shall comply with 3. Vegetation shall not be cleared for more than the width necessary for road and associated ditch construction, to serve traffic (B) Ditches.

1. A ditch shall be provided on both sides of a through-cut and on the inside shoulder of a cut-and-fill section, with ditch relief cross drains spaced according to grade.

Water shall be intercepted before reaching a switchback or large fill and drained safely away in accordance with this section. Water from a fill or switchback shall be released below the fill, through conduits or in riprapped channels and shall not be discharged onto the fill. Drainage ditches shall be placed on the toe of all cut slopes formed by the construction of roads.

2. On the flat sections of Class I roads where rolling topography is insufficient to provide natural ditch drainage, the road grade shall be undulated to provide for free flow of water in the ditch section. Road sections may be constructed to elevate the road surface above the original ground surface to facilitate drainage.

(C) Culverts and Bridges.

1. Culvert design.

A. Culverts with an end area of thirty-five (35) square feet or less shall be designed to safely pass the ten (10)-year, twenty-four (24)-hour precipitation event without a head of water at the entrance.

Culverts with an end area greater than thirtyfive (35) square feet and bridges with spans of thirty feet (30') or less, shall be designed to safely pass the twenty (20)-year, twentyfour (24)-hour precipitation event. Bridges with spans of more than thirty feet (30') shall be designed to safely pass the one hundred (100)-year, twenty-four (24)-hour precipitation event or a larger event as specified by the permit and plan.

B. Drainage pipes and culverts shall be constructed to avoid plugging or collapse and erosion at inlets and outlets.

C. Trash racks and debris basins shall be installed in the drainage ditches wherever debris from the drainage ditches could impair the functions of drainage and sediment-control structures.

D. All culverts shall be covered by compacted fill to a minimum depth of one foot (1').

E. Culverts shall be designed, constructed and maintained to sustain the vertical soil pressure the passive resistance of the foundation and the weight of vehicles to be 2. Culverts for road-surface drainage only shall be constructed in accordance with the following:

A. Unless otherwise authorized or required under subparagraph (4)(C)2.B. or C. of this rule, culverts shall be spaced as follows. Spacing shall not exceed:

(I) One thousand feet (1000') on grades of zero percent to three percent (0%– 3%);

(II) Eight hundred feet (800') on grades of three percent to six percent (3%– 6%);

(III) Five hundred feet (500') on grades of six percent to ten percent (6%– 10%); and (IV) Three hundred feet (300') on grades of ten percent (10%) or greater;

B. Culverts at closer intervals than the maximum in subparagraph (4)(C)2.A. of this

rule shall be installed if required in the permit and plan as appropriate for the erosive properties of the soil or to accommodate flow from small intersecting drainages;

C. Culverts may be constructed at greater intervals than the maximum indicated in subparagraph (4)(C)2.A. of this rule if authorized in the permit and plan upon a finding that greater spacing will not increase erosion;

D. Culverts shall cross the road at not less than a thirty degree (30°) angle downgrade;

E. Culverts may be designed to carry less than the peak runoff from a ten (10)-year, twenty-four (24)-hour precipitation event if the ditch will not overtop and will remain stable; and F. The inlet end shall be protected by a rock headwall or other material approved in the permit and plan as adequate protection against erosion of the headwall. The water shall be discharged below the toe of the fill through conduits or in riprapped channels and shall not be discharged onto the fill.

(D) Natural Drainage. Natural channel for road construction or reconstruction without prior approval in the permit and plan in accordance with 10 CSR 40-3.040(3) and (4). Alterations and relocations may be approved in the permit and plan only if— 1. The natural channel drainage is not blocked;

2. No significant damage occurs to the hydrologic balance; and 3. There is no adverse impact on adjoining landowners.

(E) Stream Crossings. Drainage structures are required for stream channel crossing.

Drainage structures shall not affect the normal flow or gradient of the stream, or adversely affect fish migration and aquatic habitat or related environmental values.

(5) Roads—Class I—Surfacing.

(A) Class I roads shall be surfaced with rock, crushed gravel, asphalt or other material approved in the permit and plan as sufficiently durable for the anticipated volume of traffic, and weight and speed of vehicles to be (B) Acid- or toxic-forming substances shall (6) Roads—Class I—Maintenance.

(A) Class I roads shall be maintained in a manner that the required or approved design standards are met throughout the life of the entire transportation facility including surface, shoulders, parking and side areas, approach structures, erosion control devices, cut-and-fill sections and traffic-control devices as are necessary for safe and efficient utilization of the road.

(B) Class I road maintenance shall include repairs to the road surface, blading, filling of potholes and replacement of gravel or asphalt. It shall include revegetating, brush removal, watering for dust control and minor reconstruction of road segments as necessary.

(C) Class I roads damaged by catastrophic events, such as floods or earthquakes, shall not be used until reconstruction of damaged road elements. The reconstruction shall be completed as soon as practicable after the (D) A road shall be maintained to meet the (7) Roads—Class I—Restoration.

(A) Unless the retention of a Class I road is approved in the permit and plan, as suitable for the approved postmining land use, immediately after the road is no longer needed for operations, reclamation or monitoring— 1. The road shall be closed to vehicular 2. The natural drainage patterns shall be 3. All bridges and culverts shall be 4. Roadbeds shall be ripped, plowed and 5. Fill slopes shall be rounded or reduced and shaped to conform the site to adjacent terrain and to meet natural drainage restoration standards;

6. Cut slopes shall be shaped to blend 7. Cross drains, dikes and water bars shall be constructed to minimize erosion;

8. Terraces shall be constructed as necessary to prevent excessive erosion and to provide long-term stability in cut-and-fill slopes; and 9. Road surfaces shall be covered with topsoil in accordance with 10 CSR 40- 3.030(4)(B) and revegetated in accordance (B) Unless otherwise authorized in the permit and plan, all road surfacing materials shall be removed, hauled or conveyed and disposed of under 10 CSR 40-3.080(8).

(8) Roads—Class II—General.

(A) Each person who conducts surface Class II roads and reclaim the area to meet the requirements of sections (9)–(14) of this

rule and to control or prevent erosion; siltation; the air pollution attendant to erosion, including road dust as well as dust occurring on other exposed surfaces, by measures such as vegetating, watering, using chemical or other dust suppressants, or otherwise stabilizing all exposed surfaces in accordance with current, prudent engineering practices; and water pollution and damage to public or private property.

(B) To the extent possible using the best technology currently available, Class II roads shall not cause damage to fish, wildlife and related environmental values and shall not cause additional contributions to suspended solids to streamflow or to runoff outside the (C) All Class II roads shall be removed and the affected land regraded and revegetated in accordance with the requirements of section (14) of this rule, unless— 1. Retention of the road is approved as

part of the approved postmining land use or as being necessary to control erosion adequately;

2. The necessary maintenance is assured; and 3. All drainage is controlled according to section (11) of this rule.

(D) Class II Roads General Design.

1. The design and construction or reconstruction of Class II roads shall be certified by a registered professional engineer in accordance with sections (9)–(12) of this

rule. Construction or reconstruction of Class II roads must be certified in a report to the director. The report shall indicate that the Class II road has been constructed or reconstructed as designed and in accordance with the approved plan.

2. The design shall incorporate consideration of the needs of the specific uses of the road in addition to travel efficiency. To the extent that the anticipated volume of traffic or weight or speed of vehicles to be used requires higher standards than those set forth in sections (9)–(14) of this rule, those higher standards shall be incorporated in the design, construction or reconstruction and maintenance of Class II roads.

(9) Roads—Class II—Location.

(A) Class II roads shall be located, as far as possible, on ridges or on the most stable available slopes to minimize erosion.

(B) No part of any Class II road shall be (C) Stream fords are prohibited unless they are specifically approved in the permit and plan as temporary routes during periods of construction. The fords shall not adversely affect stream sedimentation or fish, wildlife and related environmental values. All other stream crossings shall be made using bridges, culverts or other structures, designed, constructed and maintained to meet the requirements of section (11) of this rule.

(D) Class II roads shall be located to minimize downstream sedimentation and flood- (10) Roads—Class II—Design and Construction. Class II roads shall be designed and constructed or reconstructed in compliance with the following standards in order to control subsequent erosion and disturbance of the hydrologic balance:

(A) Vertical Alinement. A continuous grade with excessive cuts or embankments shall be avoided. Changes of grade shall be made to conform as closely as possible to the existing terrain and maximum road grades shall be as follows:

1. The overall grade shall not exceed 2. The pitch grade shall not exceed 1v:6.5h (15%), for any consecutive one thousand feet (1000'); and 3. The pitch grade exceeding fifteen percent (15%) shall not be longer than three hundred feet (300') within any consecutive one thousand feet (1000') of Class II roads;

(B) Horizontal Alinement. Class II roads shall have horizontal alinement as consistent with the existing natural topography as possible and shall provide the alinement required for the performance standards of sections (8)–(14) of this rule. The alinement shall be determined in accordance with the anticipated volume of traffic and weight and speed of vehicles to be used. Horizontal and vertical alinement shall be coordinated to ensure that one will not adversely affect the other and to ensure that the road will not cause environmental damage;

(C) Road Cuts. Cut slopes shall not be steeper than specifically authorized in the permit and plan, which shall not authorize slopes steeper than 1v:1.5h in unconsolidated materials or 1v:0.25h in rock, except that steeper slopes may be specifically authorized in the permit and plan if geotechnical analysis demonstrates that a minimum safety factor of one and five-tenths (1.5) can be maintained.

1. Topsoil or other materials suitable all cut slopes of 1v:1.5h or flatter to aid in establishing vegetation and to minimize erosion. Topsoil depth shall be adequate to support vegetation necessary to minimize ero- 2. Temporary erosion control measures shall be implemented during construction to minimize sedimentation and erosion until permanent control measures can be established;

(D) Road Embankments. Embankment sections shall be constructed in accordance with the following provisions:

1. All vegetative material and topsoil shall be removed from the embankment foundation to increase stability and no vegetative material or topsoil shall be placed beneath or in any Class II road embankment;

2. Where any embankment is to be placed on side slopes exceeding 1v:3h (33%), the existing ground shall be plowed, stepped or if in rock, keyed in a manner which increases the stability of the fill. The keyways shall be a minimum of ten feet (10') in width and shall begin at the toe of the fill. No material shall be placed below the toe or be allowed to slide below the toe. For slopes of less than 1v:3h (33%), the slopes shall be scarified to ensure bonding of the embankment and natural material;

3. Material containing by volume less than twenty-five percent (25%) of rock larger than six inches (6") in greatest dimension shall be spread in successive uniform layers not exceeding twelve inches (12") in thickness before compaction;

4. Where the material for an embankment consists of large size rock, broken stone or fragmented material that makes placing in twelve-inch (12") layers impossible under paragraph (10)(D)3. of this rule, the embankment shall be constructed in uniform layers not exceeding in thickness the approximate 28CODE OF STATE REGULATIONS average size of the rock used but, the layers shall not exceed thirty-six inches (36") in thickness. Rock shall not be dumped in final position, but shall be distributed by blading or dozing in a manner that will ensure proper placement in the embankment, so that voids, pockets and bridging will be reduced to a minimum. The final layer of the embankment shall meet the requirements of paragraph (10)(D)3. of this rule;

5. Each layer of the embankment shall be completed, leveled and compacted before the succeeding layer is placed. Embankment material shall be leveled as placed and kept smooth. The successive layers shall be compacted evenly by routing the hauling and leveling equipment over the entire width of the embankment. This procedure shall be continued until no visible horizontal movement of the embankment material is apparent;

6. Compaction greater than that specified in paragraph (10)(D)5. of this rule shall be performed to the extent necessary to ensure stability;

7. Material shall be placed in an embankment under moisture content conditions which will permit compaction and ensure proper soil cohesion;

8. Embankment slopes shall not be steeper than 1v:1.5h, except that if the embankment material is a minimum of eighty-five percent (85%) rock, slopes shall not be steeper than 1v:1.35h if it has been demonstrated that embankment stability will result. Where rock embankments are constructed, they shall meet the requirements of paragraph (10)(D)4. of this rule;

9. The minimum safety factor for all embankments shall be one and three-tenths (1.3) or a higher factor as may be specified in the permit or plan;

10. The road surface shall be sloped sufficiently to prevent ponding of water on the surface;

11. All material used in embankments shall be suitable for use under paragraphs (10)(D)1.–8. of this rule. The material shall be reasonably free of organic material, coal or coal blossom, frozen materials, wet or peat material or natural soils containing organic matter or any other material considered unsuitable for use in embankment construction in the permit and plan;

12. Excess or unsuitable material from excavations, as defined in paragraph (10)(D)11. of this rule, shall be disposed of in accordance with 10 CSR 40-3.040(8), 10 CSR 40-3.060(1), 10 CSR 40-3.080(1) and 10 CSR 40-3.110(3);

13. Topsoil or other material suitable all embankment slopes of 1v:1.5h or flatter to aid in establishing vegetation to minimize erosion. Topsoil material depth shall be adequate to support vegetation and to minimize erosion; and 14. Temporary erosion control measures shall be incorporated during construction to control sedimentation and minimize erosion until permanent control measures can be established; and (E) Topsoil Removal. Before initiation of construction or reconstruction of a Class II road, topsoil and other materials, as determined under 10 CSR 40-3.030(2), shall be removed from the design roadbed, shoulders and surfaces where associated structures will be placed and shall be stored in accordance with 10 CSR 40-3.030(3).

(11) Roads—Class II—Drainage.

(A) General.

1. Each Class II road shall be designed, to have adequate drainage, using structures such as ditches in wet areas, cross drains in natural drainageways, surface dips and stream crossings. The water control system shall be designed to safely pass the peak runoff from a ten (10)-year, twenty-four (24)-hour precipitation event or a greater event if required in the permit and plan.

2. Sediment control shall comply with (B) Ditches and Alternative Measures for Roadbed Erosion Control. Where required to minimize erosion on the roadbed, ditches shall be designed and constructed in accordance with subsection (4)(B) of this rule. In wet areas or where there is free water, these ditch sections shall be required. For every segment of a Class II road without drainage ditches which comply with subsection (4)(B) of this rule, drainage shall be provided by surface dips. These drainage dips shall be constructed as undulations in the roadway of sufficient height from the hydraulic bottom to the top of the dip to prevent water from running down the surface of the road. Insloped dips shall discharge into a culvert or drop inlet. Outsloped dips shall discharge either onto the natural ground or onto embankments if a drain is provided. The bottom of the dip shall be rock surfaced to prevent erosion. Dip spacing shall be sufficient to minimize erosion of the road surface.

(C) Culverts and Bridges.

1. Culvert design.

A. Culverts with an end area of thirty-five (35) square feet or less shall be designed to safely pass the ten (10)-year, twenty-four (24)-hour precipitation event without a head of water at the entrance.

Culverts with an end area of greater than thirty-five (35) square feet and bridges with spans of thirty feet (30') or less, shall be designed to safely pass the twenty (20)-year, twenty-four (24)-hour precipitation event.

Bridges with spans of more than thirty feet (30') shall be designed to safely pass the one hundred (100)-year, twenty-four (24)-hour precipitation event or larger event as specified B. Drainage pipes and culverts shall be constructed to avoid plugging or collapse and erosion at inlets and outlets.

C. Culverts shall be covered by compacted fill to minimum depth of one foot (1').

D. Culverts shall be designed, constructed and maintained to sustain the vertical soil pressure, the passive resistance of the road foundation and the weight of vehicles to be used.

2. Culverts or dips for road-surface drainage only shall be constructed in accordance with the following:

A. Unless otherwise authorized or required under subparagraph (11)(C)2.B. or C. of this rule, culverts and dips shall be spaced as follows. Spacing shall not exceed:

(I) One thousand feet (1000') on grades of zero percent to three percent (0%– 3%);

(II) Six hundred feet (600') on grades of three percent to six percent (3%– 6%);

(III) Four hundred feet (400') on grades of six percent to ten percent (6%– 10%); and (IV) Two hundred feet (200') on grades of ten percent (10%) or greater;

B. Surface dips or culverts at closer intervals than the maximum indicated in subparagraph (11)(C)2.A. of this rule shall be installed if required in the permit and plan as appropriate for the erosive properties of the soil or to accommodate flow from small intersecting drainages;

C. Surface dips or culverts may be constructed at greater intervals than the maximum indicated in subparagraph (11)(C)2.A. of this rule if authorized in the permit and plan upon a finding that greater spacing will not increase erosion;

D. Culverts and the bottoms of drainage dips shall cross the road at not less than a thirty degree (30°) angle downgrade;

E. A culvert may be designed to carry less than the peak runoff from a ten (10)-year, twenty-four (24)-hour precipitation event if the ditch will not overtop and will remain stable; and F. The inlet end of all culverts shall be protected by a rock headwall or other material approved in the permit and plan as adequate protection against erosion of the head wall.

The water shall be discharged below the toe of the fill through conduits or in riprapped channels and shall not be discharged onto the fill.

(D) Natural Drainage. Natural channel for road construction or reconstruction without the prior approval in the permit and plan in accordance with 10 CSR 40-3.040(3) and (4). The permit and plan may approve alterations and relocations only if— 1. The natural channel drainage is not blocked;

2. No significant degradation occurs to the hydrologic balance; and 3. There is no adverse impact on adjoining landowners.

(E) Stream Crossings. Drainage structures are required for stream channel crossings.

Drainage structures shall not affect the normal flow or gradient of the stream, or adversely affect fish migration or aquatic habitat or related environmental values.

(12) Roads—Class II—Surfacing.

(A) Class II roads shall be surfaced with rock, crushed gravel, asphalt or other material approved in the permit and plan as sufficiently durable for the anticipated volume of traffic and weight and speed of vehicles to be (B) Acid- or toxic-forming substances shall (C) Vegetation shall not be cleared for more than the width necessary for road and associated ditch construction, to serve traffic (13) Roads—Class II—Maintenance.

(A) Class II roads shall be maintained in such a manner that the required or approved design criteria are met throughout the life of the facility including surface and shoulders, parking, side areas, approach structures, erosion-control devices and these traffic control devices as are necessary for safe and efficient utilization.

(B) Class II road maintenance shall include basic custodial care as required to protect the road investment and to prevent damage to adjacent resources. This includes maintenance to control erosion, repair of structures and drainage systems, removal of rocks and debris, replacement of surface and restoration of the road prism.

(C) A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired as soon as is practicable after the (D) A road shall be maintained to meet the (14) Roads—Class II—Restoration.

(A) Unless the retention of a Class II road is approved in the permit and plan, as suitable for the approved postmining land use, immediately after the road is no longer needed for operations, reclamation or monitoring— 1. The road shall be closed to vehicular 2. The natural drainage patterns shall be 3. All bridges and culverts shall be 4. Roadbeds shall be ripped, plowed and 5. Fill slopes shall be rounded or reduced and shaped to conform the site to adjacent terrain and to meet natural drainage restoration standards;

6. Cut slopes shall be reshaped to blend 7. Cross drains, dikes and water bars shall be constructed to minimize erosion;

8. Terraces shall be constructed as necessary to prevent excessive erosion and to provide long-term stability in cut-and-fill slopes; and 9. Road surfaces shall be covered with topsoil in accordance with 10 CSR 40- 3.030(4)(B) and revegetated in accordance (B) Unless otherwise authorized in the permit and plan, all road surfacing materials shall be removed, hauled or conveyed and disposed of under 10 CSR 40-3.080(8).

(15) Roads—Class III—General.

(A) Each person who conducts surface Class III roads and reclaim the area to meet the requirements of sections (16)–(21) of this

rule and to control or prevent erosion; siltation; the air pollution attendant to erosion, including road dust as well as dust occurring on other exposed surfaces, by measures such as vegetating, watering, using chemical or other dust suppressants, or otherwise stabilizing all exposed surfaces in accordance with current, prudent engineering practices; and water pollution and damage to public or private property.

(B) To the extent possible using the best technology currently available, Class III roads shall not cause damage to fish, wildlife and related environmental values and shall not cause additional contributions of suspended solids to streamflow or to runoff outside the permit area. These contributions shall not be in excess of limitations of state or federal law.

(C) All Class III roads shall be completely removed and the land affected regraded to the approximate original contour and revegetated in accordance with the requirements of section (21) of this rule except where subsection (16)(G) of this rule shall apply.

(D) To the extent that the anticipated volume or weight or speed of vehicles to be used requires higher standards than those set forth in sections (16)–(21) of this rule, these higher standards shall be incorporated in the design, construction and reconstruction or maintenance of Class III roads.

(16) Roads—Class III—Location.

(A) Class III roads shall be located on ridges or on the most stable available slopes to minimize erosion.

(B) No part of any Class III road shall be (C) Stream fords are prohibited unless they are approved in the permit and plan as temporary routes across ephemeral or intermittent streams that will not adversely affect stream sedimentation or fish, wildlife and related environmental values. All other stream crossings shall be made using temporary bridges, culverts or other structures designed, constructed and maintained to meet the requirements of section (18) of this rule.

(D) Class III roads shall be located to minimize downstream sedimentation and flood- (E) Not later than the date a permit application is submitted to the director for surface mining activities for which a Class III road is proposed, the location of the proposed road shall be clearly marked in the field by flags or stakes to enable the director to perform on-site review.

(F) Class III roads shall not be located in wet, steep or unstable areas where complete restoration under section (21) of this rule cannot be accomplished.

(G) A Class III road may be constructed in the same alinement as a Class I or Class II road that is to be constructed on the same location at a later date. This may be permitted if the requirements for the location of the Class I or Class II road are met and the construction begins within six (6) months from the time the Class III road is constructed.

(17) Roads—Class III—Design and Construction. Field design methods shall be utilized for Class III roads.

(A) Vertical Alinement. Except where lesser grades are necessary to control site-specific conditions, maximum road grades shall be as follows:

30CODE OF STATE REGULATIONS

1. The overall grade shall not exceed 2. The pitch grade shall not exceed 1v:5h (20%); and 3. There shall not be more than one thousand (1000) consecutive feet of maximum pitch grade.

(B) Horizontal Alinement. Class III roads may meander so as to avoid large growths of vegetation and other natural obstructions.

(C) Road Cuts. Sidecast construction may be used.

(D) Road Embankments. Compaction on embankments shall be required only to the extent necessary to control erosion and maintain the road.

(E) Topsoil Removal. Topsoil shall be removed and stockpiled only where excavation would require replacement of material and redistribution of topsoil for proper revegetation.

(18) Roads—Class III—Drainage.

(A) General.

1. Class III road drainage shall consist of temporary culverts in flowing streams, wet areas and in ephemeral channels as necessary to protect the facility during its life and to minimize disturbance of the hydrologic balance.

2. Sediment control shall comply with (B) Culverts and Bridges. Temporary culverts shall be installed for all flowing drainages and stream crossings. Temporary culverts and bridges shall be sized to safely pass the one (1)-year, six (6)-hour precipitation event.

(C) Natural Drainage. Natural channel for the purposes of Class III road construction.

(D) Stream Crossing. Temporary drainage structures are required for crossing permanent streams. Drainage structures shall not affect the normal flow or gradient of the stream, adversely affect fish migration and aquatic habitat or related environmental values.

(19) Roads—Class III—Surface.

(A) Class III road surfaces shall be adequate for the use of the road.

(B) Acid- or toxic-forming substances shall (C) Vegetation shall not be cleared for more than the width necessary to serve traffic (20) Roads—Class III—Maintenance.

(A) Class III roads shall be sufficient to ensure minimization of erosion for the life of the road.

(B) Class III roads shall not be used if climatic conditions are such that usage may cause degradation of water quality.

(C) A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired as soon as is practicable after the (D) A road shall be maintained to meet the (21) Roads—Class III—Restoration. Immediately after a Class III road is no longer needed for operations, reclamation or monitoring— (A) The road shall be closed to vehicular (B) The natural drainage patterns shall be (C) All bridges and culverts shall be (D) Roadbeds shall be ripped, plowed and (E) Fill slopes shall be rounded or reduced and shaped to conform the site to adjacent terrain and meet natural drainage restoration standards;

(F) Cut slopes shall be reshaped to blend (G) Cross drains, dikes and water bars shall be constructed to control erosion; and (H) Road surfaces from which topsoil has been removed shall be covered with topsoil in accordance with 10 CSR 40-3.030(4)–(8) and the surface shall be vegetated in accordance (22) Other Transportation Facilities. Railroad loops, spurs, sidings, surface conveyor systems, chutes, aerial tramways or other transportation facilities shall be designed, and the area restored, to— (A) Prevent, to the extent possible using the best technology currently available— 1. Damage to fish, wildlife and related environmental values; and 2. Additional contributions of suspended solids to streamflow or runoff outside the in excess of limitations of state or federal law;

(B) Control and minimize diminution or degradation of water quality and quantity;

(C) Control and minimize erosion and siltation;

(D) Control and minimize air pollution;

(E) Prevent damage to public or private property.

(23) Support Facilities and Utility Installations.

(A) Support facilities required for or used incidentally to, the operation of the mine, including, but not limited to, mine buildings, coal loading facilities at or near the mine site, coal storage facilities, equipment storage facilities, fan buildings, hoist buildings, preparation plants, sheds, shops and other buildings shall be designed, constructed or reconstructed and located to prevent or control erosion and siltation, water pollution and damage to public or private property. Support facilities shall be designed, constructed or reconstructed, maintained and used in a manner which prevents to the extent possible using the best technology currently available— 1. Damage to fish, wildlife and related environmental values; and 2. Additional contributions of suspended solids to streamflow or runoff outside the (B) All surface mining activities shall be conducted in a manner which minimizes damages, destruction or disruption of services provided by oil, gas and water wells; oil, gas and coal-slurry pipelines; railroads; electric and telephone lines; and water and sewage lines which pass over, under or through the permit area, unless otherwise approved by the owner of those facilities and

**History**
- *AUTHORITY: sections 444.530 and 444.810 March 21, 2000, effective Oct.30, 2000. 1990, 1993, 1995; 444.810, RSMo 1979, amended 1983, 1993, 1995.*

##### **10 CSR 40-3.150** Requirements for Coal Recovery, Land Reclamation and Cessation of Operations {#sec-10-csr-40-3.150 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.150}

PURPOSE: This rule sets forth requirements for coal recovery, contemporaneous land reclamation and temporary and permanent cessation of surface mining activities pursuant to section 444.810, RSMo.

(1) Coal Recovery. Surface mining activities shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best appropriate technology currently available to maintain environmental integrity, so that reaffecting the land in the future through surface coal mining operations is minimized.

(2) Contemporaneous Reclamation. Reclama tion efforts, including, but not limited to, backfilling, grading, topsoil replacement and revegetation, of all land that is disturbed by surface mining activities shall occur as contemporaneously as practicable with mining operations.

(3) Cessation of Operations—Temporary.

(A) Each person who conducts surface mining activities shall effectively secure surface facilities in areas in which there are no current operations, but in which operations are to be resumed under an approved permit.

Temporary abandonment shall not relieve a person of his/her obligation to comply with any provisions of the approved permit.

(B) Before temporary cessation of mining and reclamation operations for a period of thirty (30) days or more, or as soon as it is known that a temporary cessation will extend beyond thirty (30) days, persons who conduct surface mining activities shall submit to the director a notice of intention to cease or abandon mining and reclamation operations.

This notice shall include a statement of the exact number of acres which will have been affected in the permit area, prior to temporary cessation, the extent and kind of reclamation of those areas which will have been accomplished and identification of the backfilling, regrading, revegetation, environmental monitoring and water treatment activities that will continue during the temporary cessation.

(4) Cessation of Operations—Permanent.

(A) Persons who cease surface mining activities permanently shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with this chapter and the approved permit and plan.

(B) All underground openings, equipment, structures or other facilities not required for monitoring, unless approved in the permit and plan as suitable for the postmining land use or environmental monitoring, shall be removed and the affected land reclaimed.

Feb. 11, 1980. *Original authority 1979, amended 1983, 1990, 1993.

##### **10 CSR 40-3.160** Training, Examination and Certification of Blasters {#sec-10-csr-40-3.160 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.160}

PURPOSE: This rule brings the Land Reclamation Program into line with the Office of Surface Mining Reclamation and Enforcement rule on the same subject.

(1) Responsibility. The director shall— (A) Ensure that persons responsible for the use of explosives in surface mining operations have attended training courses which satisfy the requirements set forth in subsection (3)(A) of this rule.

(B) Govern the training, examination, certification and enforcement of a blaster certification program for surface coal mining operations.

(2) Definitions and Standards.

(A) Application. The submittal of the following constitutes application to the blaster certification program: completed application form, completed verification forms and appropriate fee by an individual interested in becoming a certified blaster in Missouri. A satisfactory application allows the applicant to take the required examination.

(B) Blast. Any detonator(s), explosive(s), blasting agent(s), or a combination of these, being initiated simultaneously by a single energy source.

(C) Blaster. A person directly responsible for the use of explosives in surface coal mining operations who is certified under this (D) Certification. The issuance of a blaster certificate to those persons examined and found to be competent and possessing the mining operations. Certification will be for three (3) years.

(E) Examination. A test designed to verify the competency of persons seeking to become certified or recertified. The examination, consisting of, at a minimum, those topics set forth in subsection (3)(A) of this rule, will be given by the Land Reclamation Program.

(F) Experience. Persons seeking to become certified or recertified as blasters in Missouri must have gained experience either through 1) being directly responsible for the use of explosives and for the direction of the blasting crew in surface blasting operations or 2) receiving on-the-job training from the certified blaster in charge. The experience for both options listed must include, but not be limited to, the technical aspects listed in sub-

section (3)(A) of this rule for a period of twelve (12) months within the last five (5) years.

(G) Recertification. The reissuance of a blaster certificate to those persons examined and found to be competent and possessing the mining operations. The procedures for becoming recertified are in accordance with subsection (3)(A) of this rule. Recertifications are good for three (3) years.

(H) Reexamination. Individuals who did not pass the examination with an eighty percent (80%) score will be allowed to retake the test. Those individuals will have to pay an additional fee to retake the test. The examination procedures and topics covered will be the same as those required for the initial examination process.

(I) Revocation. As determined by the Land Reclamation Commission, the certified blaster will be relieved of all his/her rights and privileges granted by the certification for at least the length of time remaining on his/her certification. This individual will be considered a new applicant and will have to submit not only the application fee, but also a reinstatement fee at application time.

(J) Surface Blasting Operations. The onsite storage, transportation and use of explosives in association with coal exploration operations, surface mining activities and surface disturbances of underground mining activities. The term shall be interpreted broadly and shall encompass activities including, but not limited to, the design of individual blasts, the implementation of blast designs, the initiation of blasts, the monitoring of airblast and ground vibration and the use of protective measures such as access control and warning and all clear signals.

(K) Suspension. As determined by the Land Reclamation Commission, the certified blaster will be relieved of all his/her rights and privileges granted by the certification temporarily, as provided for by the terms of the suspension order. The suspension order may carry with it requirements for additional training or testing or other appropriate corrective measures.

(L) Temporary Certificate. A certificate strictly for those out-of-state blasters who presently have a valid certificate from a state with an Office of Surface Mining-approved program. These certificates are good for six (6) months or the time left on the valid outof-state certificate, whichever is greater.

(3) Training.

(A) Persons seeking to become certified or recertified as blasters in Missouri must successfully complete one (1) formal training course within the past year prior to certification or recertification. For certification in Missouri, the course shall be at least two (2) days in length and provide training and discuss practical applications of all of the following. For recertification in Missouri, the 32CODE OF STATE REGULATIONS course shall be at least one (1) day in length and provide training and discuss practical applications of least one (1) of the following:

1. Explosives, including:

A. Selection of the type of explosive to be used;

B. Determination of the properties of explosives which will produce desired results at an acceptable level of risk; and C. Handling, transportation and storage;

2. Blast designs, including:

A. Geologic and topographic considerations;

B. Design of a blast hole, with critical dimensions;

C. Pattern design, field layout and time of blast holes; and D. Field applications;

3. Loading blast holes, including priming and boostering;

4. Initiation systems and blasting machines;

5. Blasting vibrations, airblast and flyrock, including:

A. Monitoring techniques; and B. Methods to control adverse affects;

6. Secondary blasting applications;

7. Current federal and state rules applicable to the use of explosives;

8. Blast records;

9. Schedules;

10. Preblast surveys, including:

A. Availability;

B. Coverage; and C. Use of preblast surveys in blast designs;

11. Blast plan requirements;

12. Certification and training;

13. Signs, warning signals and site control; and 14. Unpredictable hazards, including:

A. Lightning;

B. Stray currents;

C. Radio waves; and D. Misfires.

(B) Training courses that are approved or sponsored by the following entities and fulfill those requirements outlined in paragraph (3)(C)1. of this rule will be deemed acceptable by the Missouri Land Reclamation Program for the purposes of meeting the training requirements of this rule:

1. The Office of Surface Mining of the United States Department of the Interior;

2. Other states with Office of Surface Mining-approved blaster certification programs; and 3. The federal Mine Safety and Health Administration.

(C) Other training courses will be evaluated by the Missouri Land Reclamation Commission for acceptability.

1. These training courses shall be approved based upon their equivalency to the approved programs listed in subsection (3)(A) in terms of— A. Course content;

B. Instructor qualifications; and C. Number of instructional hours.

2. It shall be the responsibility of the applicant to provide to the Missouri Land Reclamation Program the material as may be required by the program to conduct the evaluations.

(D) Direction and on-the-job training of those persons who are not certified and who are assigned to a blasting crew or assist in the use of explosives will be the responsibility of the blaster in charge.

(4) Fees.

(A) The following is a schedule of nonrefundable fees, with the exception of subsection (4)(B) of this rule, to be submitted at the time of initial certification, recertification, reexamination, replacement, temporary certification or reinstatement:

1. Certification Application/ Issuance Fee$100;

2. Recertification Application/ Issuance Fee$100;

3. Reexamination Fee $ 25;

4. Certificate Replacement Fee $ 25;

5. Temporary Certificate Fee $ 25;

6. Reinstatement Fee $100.

(B) Time Frames and Administration of Fees.

1. Should the applicant’s application be rejected, seventy-five dollars ($75) of the original fee will be returned.

2. These fees will be paid into the Mined Land Reclamation Fund.

3. Fees will be accepted by check, money order or cashier’s check made payable to the State of Missouri and to be deposited in the Mined Land Reclamation Fund.

(5) Application.

(A) Application Time Frames.

1. Application to the certification program must be received by the Land Reclamation Program no later than thirty (30) days before the date of the scheduled examination.

2. Any applicant whose application has not been received by the due date will be placed on the list for the next scheduled examination.

(B) Required Information and Supplemental Forms for Application.

1. Each applicant must fully complete and submit the following for application to the blaster certification program on forms provided by the Land Reclamation Program:

A. Application form #1. Completion of this form consists of the answering of the (I) Name, address, home telephone number, birth date, age, Social Security number and occupation of applicant;

(II) Name, address, business telephone number of present or most recent employer;

(III) Type of certification requested by the application;

(IV) Whether or not the applicant has completed one (1) formal course within the past twelve (12) months, as specified in subsection (3)(A) of this rule;

(V) Whether or not the applicant has had on-the-job training or supervisory experience during the past twelve (12) months as specified in subsection (2)(F) of this rule;

(VI) Personal information as specified in subparagraph (5)(C)1.D.; and (VII) Signature of and dated by the applicant and verified by a notary public;

B. Verification of applicant’s training course—form #2. Completion of this form consists of answering the following:

(I) Name, address, birth date and Social Security number of the applicant;

(II) Name of employer(s) that provided such training;

(III) Name and address of trainer, name, dates, location and type of training course; and (IV) Statement signed and dated by trainer as to whether the trainee successfully or unsuccessfully completed training course and why course was failed;

C. Verification of applicant’s experience, on-the-job training, or both, by the employer(s) that provided the experience— form #3. Completion of this form consists of answering the following:

(I) Name, address, birth date, Social Security number and occupation of applicant;

(II) Name and address of employer(s) that provided such experience;

(III) Type of certification requested by the applicant; and (IV) Statement signed and dated by employer that provided the experience as to whether the applicant has actively performed duties of responsibilities or has had active onthe-job training or job experience as specified in subsection (2)(F) of this rule for purposes of certification or recertification; and D. The appropriate fee(s).

(C) Criteria for Complete Application.

1. The Land Reclamation Program will review the application fee and the other forms for completeness and accuracy. The acceptance of the application will be based upon the following:

A. Age. The applicant must be twenty-one (21) at the time of certification issuance;

B. Experience. The applicant must have successfully completed twelve (12) months of active blasting experience or onthe-job training within the last five (5) years;

C. Training. The applicant must have successfully completed training as per sub-

section (3)(A) of this rule;

D. Personal information. Complete and accurate information regarding the following:

(I) Whether the applicant has a current addiction to alcohol, narcotics or dangerous drugs. For the purposes of this rule, addiction does not include a person who has been treated for drugs and alcohol addiction and who has been declared free of his/her habitual use by a reputable drug or alcohol treatment program; and E. The appropriate fee.

2. The applicant will be notified no later than seven (7) days before the date of the scheduled examination that the application has either been rejected or accepted. The notification will include the reasons for the rejection.

(D) Right to Appeal. If the applicant has had his/her application rejected, s/he may submit a written appeal within thirty (30) days of the denial.

(6) Examination.

(A) The competence of persons directly responsible for the use of explosives in surface coal mining operations shall be determined through a written examination in the technical aspects of blasting and state and federal laws governing the storage, use and transportation of explosives.

(B) Applicants for blaster certification shall be examined, at a minimum, in the topics set forth in subsection (3)(A) of this rule.

(C) Time Frames for Examination.

1. Written examinations for blaster certification shall be administered at least quarterly on dates, times and at locations determined by the Land Reclamation Program.

Emergency testing situations will be considered on a case-by-case basis.

2. Due dates for the application will be included in official notices.

3. The Land Reclamation Program will make available the information specified in paragraph (6)(C)1. at least sixty (60) days before the date of the examination.

(D) Examination Day.

1. The applicant must show the following, upon entering the testing room, in order to be able to take the examination:

A. Two (2) forms of identification.

One (1) form of identification must include a recent photograph of the applicant. The following forms of valid identification will be accepted:

(I) Current driver’s license with blaster’s photograph;

(II) Certified birth certificate or certificate of live birth;

(III) Immigration card;

(IV) Passport;

(V) Court record;

(VI) Social Security card;

(VII) Current Missouri identification card; and (VIII) Current credit card; and B. Pass card. This card will be included in the correspondence that the applicant will receive notification of acceptance to take the test.

(E) Failure to Take Examination. Failure by the applicant to notify the Land Reclamation Program at least one (1) day in advance of the test of the applicant’s inability to take the examination will result in the application being rejected and the fees forfeited.

(F) Test Results.

1. Passing the examination.

A. An eighty percent (80%) score on the examination constitutes a passing grade.

B. Those applicants who receive at least an eighty percent (80%) grade will be notified of the results within fifteen (15) working days of the examination date.

2. Failure of the examination.

A. Those applicants who did not receive at least an eighty percent (80%) grade did not pass the test. These individuals will be notified of the test results within fifteen (15) working days of the examination date.

B. Those applicants who did not pass the test may retake a reexamination at the next regularly scheduled date on the following two (2) conditions:

(I) The applicant must inform the Land Reclamation Program in writing of the desire to retake the examination at least thirty (30) days before the scheduled exam in order for that applicant to be on the testing list; and (II) The applicant must submit the twenty-five dollar ($25) reexamination fee along with the statement of intent.

3. Review of failed examination.

A. The applicant may request to review the test at the Land Reclamation Program office during regular business hours.

B. Under no circumstances will any applicant or his/her agent be able to record examination questions by any means during this review.

C. Applicants will not be allowed to review their tests less than fifteen (15) days prior to their scheduled reexamination.

(7) Certification.

(A) Issuance of Certification.

1. The director shall certify, for a period of three (3) years, those candidates examined and found to be competent and to have the mining operations.

2. Certificates will be issued within fifteen (15) working days after the date of the examination.

(B) Criteria for Certification. The following is a list of criteria which will be used to determine whether or not a certificate will be issued at the time of initial certification or for recertification:

1. Age. The applicant must have turned twenty-one (21) at the time of certification issuance;

2. Experience. The applicant must have had twelve (12) months of active blasting experience as specified in subsection (2)(F) of this rule;

3. Training. The applicant must have had one (1) formal training course within the past year. The course must cover at least one (1) of those technical aspects as specified in subsection (3)(A) of this rule;

4. Personal information. The applicant shall not— A. Be currently addicted to alcohol, narcotics or dangerous drugs; or B. Exhibit a pattern of conduct inconsistent with the acceptance of responsibility for blasting operations; and 5. Pass the examination with at least an eighty percent (80%) grade.

(C) Certificate Conditions. The following conditions must be met for a blaster to maintain certification:

1. A blaster shall immediately exhibit his/her certificate to any authorized representative of the Land Reclamation Commission or the Office of Surface Mining Reclamation and Enforcement upon request;

2. Blaster’s certifications shall not be assigned or transferred;

3. Blasters shall not delegate their responsibility to any individual who is not certified;

4. Blasters shall take every reasonable precaution to protect their certificates from loss, theft or unauthorized duplication. Any such occurrence shall be reported immediately to the director;

5. The blaster must have the certificate 34CODE OF STATE REGULATIONS on his/her person at the mine site;

6. The blaster’s responsibility is to conduct blasting and provide on-the-job training to noncertified crew members; and 7. The blaster must submit a written notification as soon as practicable to the Land Reclamation Program when there is a change in his/her name, address, phone number of place of employment.

(D) Right to Appeal. If the applicant has had his/her certificate denied, s/he may submit a written appeal within thirty (30) days of the denial.

(E) Recertification.

1. To maintain certification, blasters are required to receive additional training that meets the applicable requirements of subsection (3)(A) of this rule every three (3) years.

2. After completion of the updated training and prior to the expiration of their current three (3)-year certification period, blasters must retake and pass the examination required in section (6) of this rule to keep their certification valid.

3. The Land Reclamation Program will notify the certified blaster before his/her certification is scheduled to expire.

4. The certified blaster will have a ninety (90)-day grace period from the date of expiration of his/her certificate in which to become recertified without a lapse of certification.

5. Administration actions on recertification applications.

A. If a blaster’s certificate is suspended or revoked, a recertification application will be accepted and processed only in accordance with the regulations and only if the terms and conditions of the suspension or revocation orders have been met.

B. If an application for recertification has been submitted, and prior to recertification, the certificate is suspended or revoked, the recertification application will be rendered null and void and returned to the applicant.

(F) Reciprocity.

1. Any person who holds a valid certificate of registration as a certified blaster in another state may be granted a temporary blaster certificate as specified in this rule on the conditions that— A. The state which issued the certificate has an office of surface mining approved blaster certification program; and B. The blaster presents to the Land Reclamation Program his/her valid blaster certificate or provide the Land Reclamation Program with the name of the state where the certificate was issued and the certification number.

2. The period of the temporary certificate shall not exceed the balance of the time left on the blaster’s original certificate, or six (6) months, whichever is greater.

3. Prior to the expiration of a temporary certificate, the blaster must reapply under the requirements for recertification. Temporarily certified blasters will have a ninety (90)-day grace period from the date of expiration of his/her certificate in which to become recertified without a lapse of certification.

(G) Suspension and Revocation.

1. The permittee shall be responsible to take such steps as are necessary to ensure that blasting operations conducted on a permit issued to him/her are conducted under the direction of a certified blaster in accordance with the applicable laws and the regulations of the Land Reclamation Commission.

2. After a finding of willful misconduct, and following written notice and opportunity for a hearing, the commission may suspend or revoke the certification of a blaster or take other action for any of the following reasons:

A. Noncompliance with any order or notice of the director or commission;

B. Current addiction to or unlawful use of alcohol, narcotics or other dangerous drugs in the work place;

C. Violation of any provision of the state or federal explosives laws or regulations including subsection (7)(C); and D. Providing false information or a misrepresentation to obtain certification.

3. If the director determines that a certificate should be revoked or suspended pursuant to paragraph (7)(G)2. of this rule, s/he shall issue an order to the blaster by certified mail or hand delivery requiring him/her to show cause why his/her certificate and right to conduct blasting operations under the regulatory blaster certification program should not be suspended or revoked.

A. Upon receipt of the show cause order, the blaster shall have thirty (30) days in which to request a hearing before the commission to show cause why the certificate should not be suspended or revoked. If a hearing is requested, it shall be held within sixty (60) days of the receipt of the request by the commission.

B. If the permittee fails to request a hearing within the time allowed, the matters set forth in the show cause order shall be conclusive and the commission shall declare the certificate revoked or suspended at the first regularly scheduled commission meeting following the expiration of the thirty (30)-day period provided to request a hearing.

C. The blaster shall be provided with a copy of any inspection report prepared by an authorized representative of the commission which discusses or notes any aspect of the blaster’s performance or the conduct of blasting operations under his/her supervi- 4. The director or an authorized representative of the commission shall immediately issue a suspension order if s/he determines that any condition or practice, listed in subparagraphs (7)(G)2.A.—D. or any condition outlined in paragraphs (7)(C)1.—7. imposed upon a certificate issued by the program, or any violation of the regulatory blaster certification program outlined in this rule— A. Creates an imminent danger to the health or safety of the public; or B. Is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air or water resources.

5. If advance notice and opportunity for a hearing cannot be provided due to the circumstances described in paragraph (7)(G)4., an opportunity for a hearing shall be provided as soon as practical following the suspension and, in any case, no later than fifteen (15) days after the suspension.

6. If a hearing is held pursuant to paragraph (7)(G)3. or 5. of this rule, or upon failure of the blaster to request a hearing as provided for, the commission shall issue written Findings of Fact and Conclusions of Law and, if appropriate, an order suspending or revoking the certificate within forty-five (45) days after the hearing.

A. An order of suspension shall include:

(I) The termination date of the suspension; and (II) The conditions that must be complied with prior to termination of suspen- B. An order of revocation shall include:

(I) The period of time, if any, beyond the expiration date of the blaster’s current certification during which s/he shall be ineligible to apply for recertification; and (II) The conditions that must be complied with prior to the applicant being eligible for recertification.

C. An order of revocation or suspension may include requirements that the blaster complete additional training or testing or for other appropriate corrective measures.

7. All notices, suspension or revocation orders will be served to the blaster promptly after issuance. Service may be in person, certified mail, return receipt requested.

A. Service by mail will be deemed complete upon deposit with the United States mail, postage prepaid and addressed to the address provided by the blaster to the Land Reclamation Program.

B. A copy of the notice or order will be mailed to the permittee, the primary employer and any other person who employs that blaster.

8. Upon issuance of a suspension or revocation order, all rights and privileges granted by certification are suspended or revoked until the order is vacated or the certification is restored in accordance with the suspension or revocation order.

9. The blaster will surrender his/her certificate when an order is issued by the director or commission. If the order is hand delivered, the certificate will be immediately surrendered. Otherwise, the certificate may be sent by certified mail, return receipt requested or by registered mail.

10. Prior to a hearing, a suspension or revocation order determined to have been issued in error may be vacated immediately by the director.

11. The terms and conditions of each order given by the Land Reclamation Commission will be commensurate with the A. Seriousness of the violation;

B. The blaster’s culpability for the violation;

C. The history of the blaster’s performance; and D. Consideration of whether the blaster took precautions to ensure compliance with the laws and regulations.

12. All hearings conducted under the

Filed June 2, 1988, effective Aug. 25, 1988. *Original authority 1979, amended 1983, 1993.

36CODE OF STATE REGULATIONS

38CODE OF STATE REGULATIONS

40CODE OF STATE REGULATIONS

42CODE OF STATE REGULATIONS

**History**
- *authority of this section shall be in accordance with the applicable provisions of section 444.875.7, RSMo.*
- *AUTHORITY: section 444.810, RSMo 1994. Original rule filed June 3, 1985, effective Oct. 28, 1985. Rescinded and readopted:*

##### **10 CSR 40-3.170** Underground Operations {#sec-10-csr-40-3.170 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.170}

PURPOSE: This rule sets forth general requirements as to signs and markers applicable to permanent performance requirements for underground coal mining in keeping with sections 444.810 and 444.860, entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no This note applies only to the reference material. The entire text of the rule is printed here.

(1) Permanent program performance standards—underground mining activities set forth in 30 CFR Part 817, as in effect on January 1, 2018, are incorporated by reference in this

rule. Copies may be obtained by contacting the U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000 or online at https://www.gpo.gov. This rule does not incorporate any subsequent amendments or additions. Exceptions to 30 CFR Part 817 are modified as follows:

(A) Delete 30 CFR 817.10; and (B) Delete 30 CFR 817.61(c)(1) and insert the following: (c) Blasters (1) All blasting operations shall be conducted under the direction of a blaster certified by the director.

Amended: Filed March 26, 2018, effective Nov. 30, 2018. *Original authority: 444.810, RSMo 1979, amended 1983, 1993, 1995.

**History**
- *AUTHORITY: section 444.810, RSMo 2016. Dec. 11, 1980. Amended: Filed Jan. 5, 1987, effective July 1, 1987. Amended: Filed July Filed Dec. 17, 2012, effective July 30, 2013.*

##### **10 CSR 40-3.180** Casing and Sealing of Exposed Underground Openings Dec. 11, 1980. Amended: Filed Dec. 17, 2012, effective July 30, 2013. Rescinded: {#sec-10-csr-40-3.180 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.180}

##### **10 CSR 40-3.190** Requirements for Topsoil Removal, Storage and Redistribution for Dec. 11, 1980. Amended: Filed July 3, 1990, effective Nov. 30, 1990. Rescinded: Filed {#sec-10-csr-40-3.190 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.190}

##### **10 CSR 40-3.200** Requirements for Protection of the Hydrologic Balance for Dec. 11, 1980. Amended: Filed Feb. 9, 1981, effective July 11, 1981. Amended: Filed April 2, 1986, effective July 26, 1986. Amended: {#sec-10-csr-40-3.200 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.200}

Filed April 1, 1988, effective July 1, 1988.

Amended: Filed Sept. 15, 1988, effective Jan. 15, 1989. Amended: Filed July 3, 1990, effective Nov. 30, 1990. Amended: Filed May 15, 1992, effective Jan. 15, 1993. Amended:

2000. Amended: Filed Dec. 17, 2012, effective July 30, 2013. Rescinded: Filed March 26, 2018, effective Nov. 30, 2018.

##### **10 CSR 40-3.210** Requirements for the Use of Explosives for Underground Operations Dec. 11, 1980. Rescinded and readopted: {#sec-10-csr-40-3.210 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.210}

Filed Jan. 5, 1987, effective July 1, 1987.

Amended: Filed July 1, 1987, effective Sept. 25, 1987. Amended: Filed June 2, 1988, effective Aug. 25, 1988. Amended: Filed July Filed Dec. 17, 2012, effective July 30, 2013.

Rescinded: Filed March 26, 2018, effective Nov. 30, 2018.

##### **10 CSR 40-3.220** Disposal of Underground Development Waste and Excess Spoil Dec. 11, 1980. Amended: Filed Sept. 15, 30, 2013. Rescinded: Filed March 26, 2018, {#sec-10-csr-40-3.220 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.220}

##### **10 CSR 40-3.230** Requirements for the Disposal of Coal Processing Waste for Dec. 11, 1980. Amended: Filed Dec. 10, Filed Sept. 15, 1988, effective Jan. 15, 1989. effective Jan. 15, 1993. Amended: Filed Dec. 17, 2012, effective July 30, 2013. Rescinded: {#sec-10-csr-40-3.230 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.230}

##### **10 CSR 40-3.240** Air Resource Protection Dec. 11, 1980. Amended: Filed Dec. 10, 2000. Amended: Filed Dec. 17, 2012, effective July 30, 2013. Rescinded: Filed March 26, 2018, effective Nov. 30, 2018. {#sec-10-csr-40-3.240 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.240}

##### **10 CSR 40-3.250** Requirements for the Protection of Fish, Wildlife and Related Environmental Values and Protection Against Slides and Other Damage Dec. 11, 1980. Amended: Filed Dec. 15, 1987, effective April 1, 1988. Amended: 15, 1993. Rescinded: Filed March 26, 2018, {#sec-10-csr-40-3.250 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.250}

##### **10 CSR 40-3.260** Requirements for Backfilling and Grading for Underground Operations RSMo 2000. Original rule filed Aug. 8, 1980, effective Dec. 11, 1980. Amended: Filed Dec. 10, 1980, effective April 11, 1981. Amended: 15, 1993. Amended: Filed Dec. 17, 2012, effective July 30, 2013. Rescinded: Filed {#sec-10-csr-40-3.260 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.260}

##### **10 CSR 40-3.270** Revegetation Requirements for Underground Operations {#sec-10-csr-40-3.270 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.270}

1999. Original rule filed Aug. 8, 1980, effective Dec. 11, 1980. Amended: Filed Dec. 10, Filed Dec. 9, 1982, effective April 11, 1983.

Amended: Filed June 27, 1986, effective Oct. 27, 1986. Amended: Filed Dec. 15, 1987, effective April 1, 1988. Amended: Filed Sept.

Filed Jan. 5, 1989, effective April 1, 1989. effective Jan. 15, 1993. Amended: Filed Sept. 25, 1995, effective March 30, 1996.

Oct. 30, 2000. Rescinded: Filed March 26, 2018, effective Nov. 30, 2018.

**History**
- *AUTHORITY: section 444.810, RSMo Supp.*

##### **10 CSR 40-3.280** Requirements for Subsidence Control Associated with Underground Mining Operations Dec. 11, 1980. Amended: Filed Sept. 15, 1988, effective Jan. 15, 1989. Rescinded: {#sec-10-csr-40-3.280 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.280}

##### **10 CSR 40-3.290** Requirements for Road and Other Transportation Associated with Dec. 11, 1980. Amended: Filed July 3, 1990, effective Nov. 30, 1990. Rescinded: Filed {#sec-10-csr-40-3.290 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.290}

##### **10 CSR 40-3.300** Postmining Land Use Requirements for Underground Operations Dec 11, 1980. Amended: Filed Dec. 10, 30, 2013. Rescinded: Filed March 26, 2018, {#sec-10-csr-40-3.300 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.300}

##### **10 CSR 40-3.310** Coal Recovery, Land Reclamation and Cessation of Operation for Underground Operations Dec. 11, 1980. Rescinded: Filed March 26, 2018, effective Nov. 30, 2018. {#sec-10-csr-40-3.310 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3.310}

44CODE OF STATE REGULATIONS

### **Chapter 4** Permanent Performance Requirements for Special Mining Activities

##### **10 CSR 40-4.050** Requirements for Coal Processing Plants and Support Facilities Not Special Mining Activities10 CSR 40-4 NATURAL RESOURCES Commission Requirements for Special Mining Activities {#sec-10-csr-40-4.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-4.050}

##### **10 CSR 40-4.010** Coal Exploration Requirements ments for conducting coal exploration activities pursuant to 444.810 and 444.845, RSMo. {#sec-10-csr-40-4.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-4.010}

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

(1) General Responsibility of Persons Conducting Coal Exploration. Each person who conducts coal exploration shall obtain a permit, as required under 10 CSR 40-6.020, and all operations which substantially disturb the natural land surface regardless of how much coal is removed shall comply with section (3) of this rule.

(2) Required Documents. Each person who conducts coal exploration which substantially disturbs the natural land surface, while in the exploration area, shall have available a copy of the exploration permit for review by the authorized representative of the director or commission upon request.

(3) Performance Standards for Coal Exploration.

(A) Habitats of unique or unusually high value for fish, wildlife and other related environmental values and critical habitats of threatened or endangered species identified pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531–1543) shall not be disturbed during coal exploration.

(B) All roads or other transportation facilities used for coal exploration shall comply with the applicable provisions of 10 CSR 40- 3.140(1)–(23).

(C) If excavations, artificially flat areas or embankments are created during exploration, these areas shall be returned to the approximate original contour promptly after these features are no longer needed for coal explo- (D) Topsoil shall be separately removed, stored and redistributed on areas disturbed by coal exploration activities as necessary to assure successful revegetation or as required by the director or commission.

(E) All areas disturbed by coal exploration activities shall be revegetated in a manner that encourages prompt revegetation and recovery of a diverse, effective and permanent vegetative cover. Revegetation shall be accomplished in accordance with the following:

1. All areas disturbed by coal exploration activities shall be seeded or planted to the same seasonal variety native to the areas disturbed. If the land use of the exploration area is intensive agriculture, planting of the crops normally grown will meet the requirements of this paragraph; and 2. The vegetative cover shall be capable of stabilizing the soil surface from erosion.

(F) Diversions of overland flows and ephemeral, perennial or intermittent streams shall be made in accordance with 10 CSR 40- 3.040(3) and (4).

(G) Each exploration hole, borehole, well or other exposed underground opening created during exploration shall be reclaimed in accordance with 10 CSR 40-3.020(1)–(3).

(H) All facilities and equipment shall be promptly removed from the exploration area when they are no longer needed for exploration, except for those facilities and equipment that the director or commission determines may remain to— 1. Provide additional environmental data;

2. Reduce or control the on- and off-site effects of the exploration activities; or 3. Facilitate future surface mining and reclamation operations by the person conducting the exploration.

(I) Coal exploration shall be conducted in a manner which minimizes disturbance of the prevailing hydrologic balance in accordance with 10 CSR 40-3.040(1)–(3), (5)–(7) and (9)–(12). The director or commission may specify additional measures which shall be adopted by the person engaged in coal explo- (J) Acid- or toxic-forming materials shall be handled and disposed of in accordance with 10 CSR 40-3.040(1) and (9) and 10 CSR 40-3.080. The director or commission may specify additional measures which shall be adopted by the person engaged in coal explo-

**History**
- *AUTHORITY: section 444.530, RSMo Supp. effective Feb. 11, 1980. Rescinded and readopted: Filed Aug. 4, 1987, effective Nov. 23, 1987. Amended: Filed May 15, 1992, effective Jan. 15, 1993. Amended: Filed March 21, 2000, effective Oct. 30, 2000.*

##### **10 CSR 40-4.020** Auger Mining Requirements ments for auger mining pursuant to sections 444.810 and 444.855.2(9), RSMo. {#sec-10-csr-40-4.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-4.020}

rial. The entire text of the rule is printed (1) Permanent program performance standards—auger mining requirements set forth in 30 CFR Part 785.20, as in effect on January 1, 2018, are incorporated by reference in this

rule. Copies may be obtained by contacting the U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000 or online at https://www.gpo.gov. This rule does not incorporate any subsequent amendments or additions.

Filed March 26, 2018, effective Nov. 30, 2018.

**History**
- *AUTHORITY: section 444.530, RSMo 2016. Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended: Filed March 21, 2000, effective Oct. 30, 2000. Amended:*

##### **10 CSR 40-4.030** Operations on Prime Farmland {#sec-10-csr-40-4.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-4.030}

PURPOSE: This rule outlines the procedure for surface coal mining and reclamation on prime farmland pursuant to 444.810 and 444.855, RSMo.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

(1) Special Requirements. Surface coal mining and reclamation operations conducted on prime farmland shall have a permit for those operations obtained under 10 CSR 40- 6.060(4).

(2) Scope and Purpose. This rule sets forth special environmental protection, performance, reclamation and design standards for surface coal mining and reclamation operations on prime farmland.

(3) Responsibilities.

(A) The United States Natural Resources Conservation Service within each state is responsible for establishment of specifications for prime farmland soil removal, storage, replacement and reconstruction.

(B) The Land Reclamation Commission shall use the soil reconstruction specifications of subsection (3)(A) of this rule to carry out its responsibilities under 10 CSR 40-6.060(4) and 10 CSR 40-7.

(4) Applicability. The requirements of this

rule shall not apply to— (A) Coal preparation plants, support facilities, and roads of underground mines that are actively used over extended periods of time and where such uses affect a minimal amount of land. Such uses shall meet the requirements of 10 CSR 40-3.

(B) Disposal areas containing coal mine waste resulting from underground mines that is not technologically and economically feasible to store in underground mines or on non-prime farmland. The operator shall minimize the area of prime farmland used for such purposes.

(C) Prime farmland that has been excluded in accordance with 10 CSR 40-6.060(4)(A).

(5) Soil Removal and Stockpiling.

(A) Prime farmland soils shall be removed from the areas to be disturbed before drilling, blasting or mining.

(B) The minimum depth of soil and soil materials to be removed and stored for use in the reconstruction of prime farmland shall be sufficient to meet the requirements of subsection (6)(B).

(C) Soil removal and stockpiling operations on prime farmland shall be conducted to— 1. Separately remove the topsoil or remove other suitable soil materials where these other soil materials will create a final soil having a greater productive capacity than that which existed prior to mining. If not utilized immediately, this material shall be placed in stockpiles separate from the spoil and all other excavated materials; and 2. Separately remove the B or C horizon or other suitable soil material to provide the thickness of suitable soil required by subsection (6)(B). If not utilized immediately, each horizon or other material shall be stockpiled separately from the spoil and all other excavated materials. Where combinations of the soil materials created by mixing have been shown to be equally or more favorable for plant growth than the B horizon, separate handling is not necessary.

(D) Stockpiles shall be placed within the permit area where they will not be disturbed or be subject to excessive erosion. If left in place for more than thirty (30) days, stockpiles shall meet the requirements of 10 CSR 40-3.030(3) or 10 CSR 40-3.190(3).

(6) Soil Replacement.

(A) Soil reconstruction specifications established by the United States Natural Resources Conservation Service shall be based upon the standards of the National Cooperative Soil Survey and shall include, as a minimum, physical and chemical characteristics of reconstructed soils and soil descriptions containing soil horizon depths, soil densities, soil pH and other specifications so that reconstructed soils will have the capability of achieving levels of yield equal to, or higher than, those of nonmined prime farmland in the surrounding area.

(B) The minimum depth of soil and substitute soil material to be reconstructed shall be forty-eight inches (48") or a lesser depth equal to the depth to a subsurface horizon in the natural soil that inhibits or prevents root penetration or a greater depth if determined necessary to restore the original soil productive capacity. Soil horizons shall be considered as inhibiting or preventing root penetration if their physical or chemical properties or water-supplying capacities cause them to restrict or prevent penetration by roots of plants common to the vicinity of the permit area and if these properties or capacities have little or no beneficial effect on soil productive capacity.

(C) The operator shall replace and regrade the soil horizons or other root zone material with proper compaction and uniform depth.

(D) The operator shall replace the B horizon, C horizon or other suitable material specified in section (5) to the thickness needed to meet the requirements of subsection (6)(B) of this rule.

(E) The operator shall replace the topsoil or other suitable soil materials specified in

section (5) as the final surface soil layer. This surface soil layer shall equal or exceed the thickness of the original surface soil layer, as determined by the soil survey.

(F) The operator shall assure that nutrients and soil amendments are applied as approved in the permit and plan. The application rates shall be both sufficient to quickly establish vegetative growth prior to proving vegetative productivity and also during the phase III bond release period to insure that desired levels of productivity are attained.

(7) Revegetation and Restoration of Soil Productivity.

(A) Following prime farmland soil replacement, the soil surface shall be established with a vegetative cover or other means that effectively controls soil loss by wind and water erosion.

(B) Prime farmland soil productivity shall be restored in accordance with the following provisions:

1. Measurements of soil productivity shall be initiated in accordance with 10 CSR 40-3.120;

2. Soil productivity shall be measured on a representative sample or on all of the mined and reclaimed prime farmland area using the crops determined under paragraph (7)(B)6. of this rule. A statistically valid sampling technique at a ninety percent (90%) or greater statistical confidence level shall be used as approved by the Land Reclamation Commission in consultation with the United States Natural Resources Conservation Service;

3. The measurement period for determining average annual crop production (yield) shall be a minimum of three (3)-crop years prior to release of the operator’s Phase III liability. These three (3) years need not be consecutive but must be within the five (5)year Phase III liability period;

4. The level of management applied during the measurement period shall be the same as the level of management used on nonmined prime farmland in the surrounding area;

5. Restoration of soil productivity shall be considered achieved when the average yield during the measurement period equals or exceeds the average yield of the crop established for the same period of nonmined soils of the same or similar texture or slope phase of the soil series in the reference area under equivalent management practices;

6. The reference crop on which restoration of soil productivity is proven shall be selected from the crops most commonly produced on the surrounding prime farmland.

Where row crops are the dominant crops 4CODE OF STATE REGULATIONS (10/31/18) JOHNR. ASHCROFT grown on prime farmland in the area, the row crop requiring the greatest rooting depth shall be chosen as one (1) of the reference crops for one (1) of the three (3) years. If hay is the most commonly grown crop, then the second most commonly grown crop will be used. In the other two (2) years, other commonly grown crops on prime farmland within the county will be used;

7. Under the procedure in subsection (7)(B) of this rule, the crop yield may be adjusted, with the concurrence of the United States Natural Resources Conservation Service and approval of the director, for— A. Disease, pest- and weather-induced seasonal variations; or B. Difference in specific management practices where the overall management practices of the crops being compared are equivalent; and 8. Plans for proving Phase III bond release on prime farmlands, including crops to be grown and location of test plots, must be approved in advance by the director.

Filed Dec. 10, 1980, effective April 11, 1981.

Amended: Filed Dec. 9, 1982, effective April 11, 1983. Rescinded and readopted: Filed Aug. 4, 1987, effective Nov. 23, 1987.

Amended: Filed June 2, 1988, effective Aug. 25, 1988. Amended: Filed July 3, 1990, effective Nov. 30, 1990. Amended: Filed March 21, 2000, effective Oct. 30, 2000.

**History**
- *AUTHORITY: section 444.810, RSMo Supp. effective Feb. 11, 1980. Amended: Filed Aug. 1, 1980, effective Dec. 11, 1980. Amended:*

##### **10 CSR 40-4.040** Operations on Steep Slopes ments for operation on steep slopes pursuant to sections 444.810 and 444.855.4, RSMo. {#sec-10-csr-40-4.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-4.040}

rial. The entire text of the rule is printed (1) Permanent program performance standards—steep slope mining requirements set forth in 30 CFR Part 785.15 as in effect on January 1, 2018, are incorporated by reference in this rule. Copies may be obtained by contacting the U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000 or online at https://www.gpo.gov.

This rule does not incorporate any subsequent amendments or additions.

**History**
- *AUTHORITY: section 444.530, RSMo 2016. Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended: Filed Aug. 1, 1980, effective Dec. 11, 1980. Amended: Filed March 26, 2018, effective Nov. 30, 2018.*

##### **10 CSR 40-4.050** Requirements for Coal Processing Plants and Support Facilities Not Located at or Near the Mine Site or Not Within the Permit Area for a Mine {#sec-10-csr-40-4.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-4.050}

PURPOSE: This rule sets forth requirements for coal processing plants and support facilities not located at or near the mine site or not within the permit area for a mine, pursuant to

section 444.810, RSMo.

(1) Applicability. Each person who conducts surface coal mining and reclamation operations, which includes the operation of a coal processing plant or support facility which is not located within the permit area for a specific mine, shall obtain a permit to conduct those operations and comply with this rule.

(2) Signs and markers for the coal processing plant, coal processing waste disposal area and water treatment facilities shall comply with 10 CSR 40-3.010.

(3) Roads, transport and associated structures shall be constructed, maintained and reclaimed in accordance with 10 CSR 40- 3.140(1)–(22).

(4) Any stream or channel realignment shall comply with 10 CSR 40-3.040(4).

(5) If required in the permit and plan, any disturbed area related to the coal processing plant or associated facilities shall have sediment control structures, in compliance with 10 CSR 40-3.040(5) and (6), and all discharges from these areas shall meet the requirements of 10 CSR 40-3.040(1) and (2) and any other applicable state or federal law.

(6) Permanent impoundments associated with coal processing plants shall meet the requirements of 10 CSR 40-3.040(9) and (16).

Dams constructed of or impounding coal processing waste shall comply with 10 CSR 40- 3.080(9)–(11).

(7) Use of water wells shall comply with 10 CSR 40-3.040(13) and water rights shall be protected in accordance with 10 CSR 40- 3.040(14).

(8) Disposal of coal processing waste, solid waste and any excavated materials shall comply with 10 CSR 40-3.080(1), (7) and (8) and 10 CSR 40-3.060(1)–(4), respectively.

(9) Discharge structures for diversions and sediment control structures shall comply with 10 CSR 40-3.040(7).

(10) Air pollution control measures associated with fugitive dust emissions shall comply with 10 CSR 40-3.090.

(11) Fish, wildlife and related environmental values shall be protected in accordance with10 CSR 40-3.100(1)–(7).

(12) Slide areas and other surface areas shall comply with 10 CSR 40-3.100(8).

(13) Adverse effects upon or resulting from nearby underground coal mining activities shall be minimized by appropriate measures including, but not limited to, compliance with 10 CSR 40-3.040(15) and 10 CSR 40- 3.070.

(14) Reclamation shall include proper topsoil handling procedures, revegetation and abandonment in accordance with 10 CSR 40- 3.060(16), 10 CSR 40-3.110(1)–(6), 10 CSR 40-3.120(1)–(7), 10 CSR 40-3.130 and 10 CSR 40-3.150(2)–(4).

(15) Conveyors, buildings, storage bins or stockpiles, water treatment facilities, water storage facilities and any structures or system related to the coal processing plant shall comply with 10 CSR 40-3.

(16) Any coal processing plant or associated structures located on prime farmland shall meet the requirements of 10 CSR 40-4.030.

Special Mining Activities10 CSR 40-4

**History**
- *AUTHORITY: section 444.530, RSMo Supp. effective Feb. 11, 1980. Amended: Filed March 21, 2000, effective Oct. 30, 2000.*

##### **10 CSR 40-4.060** Concurrent Surface and Underground Mining ments for concurrent surface and underground mining pursuant to sections 444.810 and 444.855.2(12) and .2(16), RSMo. {#sec-10-csr-40-4.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-4.060}

rial. The entire text of the rule is printed (1) Permanent program performance standards—concurrent surface and underground mining requirements set forth in 30 CFR Part 785.18 as in effect on January 1, 2018, are incorporated by reference in this rule. Copies may be obtained by contacting the U.S.

Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000 or online at https://www.gpo.gov. This rule does not incorporate any subsequent amendments or additions.

**History**
- *AUTHORITY: section 444.810, RSMo 2016. Original rule filed May 12, 1980, effective Sept. 11, 1980. Amended: Filed March 26, 2018, effective Nov. 30, 2018.*

##### **10 CSR 40-4.070** In Situ Processing ments for in situ processing pursuant to section 444.810, RSMo. entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this {#sec-10-csr-40-4.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-4.070}

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no This note applies only to the reference material. The entire text of the rule is printed here.

(1) Permanent program performance standards—in situprocessing requirements set forth in 30 CFR Part 785.22 as in effect on January 1, 2018, are incorporated by reference in this rule. Copies may be obtained by contacting the U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000 or online at https://www.gpo.gov.

This rule does not incorporate any subsequent amendments or additions.

**History**
- *AUTHORITY: section 444.810, RSMo 2016. Original rule filed May 12, 1980, effective Sept. 11, 1980. Amended: Filed March 26, 2018, effective Nov. 30, 2018.*

##### **10 CSR 40-4.080** Previously Mined Areas {#sec-10-csr-40-4.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-4.080}

PURPOSE: This rule brings Missouri’s regulations into line with the federal language.

(1) Remining operations on previously mined areas that contain a preexisting highwall shall comply with the requirements of 10 CSR 40- 3.110 or 10 CSR 40-4.040, except as provided in this rule.

(2) The requirements of 10 CSR 40- 3.110(1)(B) and (2)(A) requiring the elimination of highwalls shall not apply to remining operations where the volume of all reasonably available spoil is demonstrated in writing to the regulatory authority to be insufficient to completely back fill the reaffected or enlarged highwall. The highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:

(A) All spoil generated by the remining operation and any other reasonably available spoil shall be used to backfill the area.

Reasonably available spoil in the immediate vicinity of the remining operation shall be included within the permit area;

(B) The backfill shall be graded to a slope which is compatible with the approved postmining land use and which provides adequate drainage and longterm stability;

(C) Any highwall remnant shall be stable and not pose a hazard to the public health and safety or to the environment. The operator shall demonstrate, to the satisfaction of the regulatory authority, that the highwall remnant is stable; and (D) Spoil placed on the outslope during previous mining operations shall not be disturbed if the disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment.

6CODE OF STATE REGULATIONS

(10/31/18) JOHNR. ASHCROFT

**History**
- *AUTHORITY: section 444.530, RSMo 1986. Original rule filed May 2, 1989, effective Aug. 1, 1989. Original authority 1971, amended 1983, 1990.*

### **Chapter 5** Prohibitions and Limitations on Mining in Certain Areas and Areas Unsuitable for Mining

##### **10 CSR 40-5.010** Prohibitions and Limitations on Mining in Certain Areas {#sec-10-csr-40-5.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-5.010}

PURPOSE: This rule sets forth the prohibitions and limitations for surface coal mining operations on or near certain private, federal, and other public lands and sets forth procedures for these limitations and prohibitions, pursuant to sections 444.810 and 444.890, RSMo.

(1) Definitions. For the purposes of this chapter— (A) Valid existing rights means— 1. A set of circumstances under which a person may, subject to regulatory authority approval, conduct surface coal mining operations on lands where section 444.890.4, RSMo, and this rule, would otherwise prohibit such operations. Possession of valid existing rights only confers an exception from the prohibitions of section 444.890.4, RSMo, and this rule. A person seeking to exercise valid existing rights must comply with all other pertinent requirements of the law and 10 CSR 40-3–10 CSR 40-8.

2. Property rights demonstration.

Except as provided in paragraph (1)(A)4. of this definition, a person claiming valid existing rights must demonstrate that a legally binding conveyance, lease, deed, contract, or other document vests that person, or a predecessor in interest, with the right to conduct the type of surface coal mining operations intended. This right must exist at the time that the land came under the protection of

section 444.890.4, RSMo, or this rule.

Applicable state statutory or case law will govern interpretation of documents relied upon to establish property rights, unless federal law provides otherwise. If no applicable state law exists, custom and generally accepted usage at the time and place that the documents came into existence will govern their interpretation.

3. Except as provided in paragraph (1)(A)4. of this definition, a person claiming valid existing rights also must demonstrate compliance with one (1) of the following standards:

A. Good faith/all permits standard.

All permits and other authorizations required to conduct surface coal mining operations had been obtained, or a good faith effort to obtain all necessary permits and authorizations had been made, before the land came RSMo, or this rule. At a minimum, an application must have been submitted for any permit required under 10 CSR 40-6; or B. Needed for and adjacent standard.

The land is needed for and immediately adjacent to a surface coal mining operation for which all permits and other authorizations required to conduct surface coal mining operations had been obtained, or a good faith attempt to obtain all permits and authorizations had been made, before the land came RSMo, or this rule. To meet this standard, a person must demonstrate that prohibiting expansion of the operation onto that land would unfairly impact the viability of the operation as originally planned before the 444.890.4, RSMo, or this rule. Except for operations in existence before August 3, 1977, or for which a good faith effort to obtain all necessary permits had been made before August 3, 1977, this standard does not apply to lands already under the protection of

section 444.890.4, RSMo, or this rule, when the regulatory authority approved the permit for the original operation or when the good faith effort to obtain all necessary permits for the original operation was made. In evaluating whether a person meets this standard, the agency making the determination may consider factors such as— (I) The extent to which coal supply contracts or other legal and business commitments that predate the time that the land came RSMo, or this rule, depend upon use of that land for surface coal mining operations;

(II) The extent to which plans used to obtain financing for the operation before the land came under the protection of section 444.890.4, RSMo, or this rule, rely upon use of that land for surface coal mining operations;

(III) The extent to which investments in the operation before the land came RSMo, or this rule, rely upon use of that land for surface coal mining operations; and (IV) Whether the land lies within the area identified on the life-of-mine map submitted under 10 CSR 40-6.010(5)(E) before the land came under the protection of

section 444.890.4, RSMo, or this rule.

4. Roads. A person who claims valid existing rights to use or construct a road across the surface of lands protected by section 444.890.4, RSMo, or this rule, must demonstrate that one (1) or more of the following circumstances exist if the road is included within the definition of “surface coal mining operations” in 10 CSR 40- 8.010(1)(A)98.:

A. The road existed when the land upon which it is located came under the pro-

rule, and the person has a legal right to use the road for surface coal mining operations;

B. A properly recorded right-of-way or easement for a road in that location existed when the land came under the protection of section 444.890.4, RSMo, or this rule, and, under the document creating the rightof-way or easement, and under subsequent conveyances, the person has a legal right to use or construct a road across the right-ofway or easement for surface coal mining operations;

C. A valid permit for use or construction of a road in that location for surface coal mining operations existed when the land came under the protection of section 444.890.4, RSMo, or this rule; or D. Valid existing rights exist under paragraphs (1)(A)2. and 3. of this definition;

(B) Significant recreational, timber, economic, or other values incompatible with surface coal mining operations means those values which could be damaged by, and are not capable of existing together with, surface coal mining operations because of the undesirable effects mining would have on those values, either on the area included in the permit application or on other affected area. Those values to be evaluated for their importance include:

1. Recreation, including hiking, boating, camping, skiing, or other related outdoor activities;

2. Timber management and silviculture;

3. Agriculture, aquaculture, or production of other natural, processed, or manufactured products which enter commerce; and 4. Scenic, historic, archaeologic, esthetic, fish, wildlife, plants, or cultural interests;

(C) Surface operations and impacts incident to an underground coal mine means all activities involved in or related to underground coal mining which are either conducted on the surface of the land, produce changes in the land surface or disturb the surface, air, or water resources of the area, including all activities listed in the definition of surface coal mining operations in the law and 10 CSR 40-8.010(1)(A);

(D) Significant forest cover means an existing plant community consisting predominantly of trees and other woody vegetation;

(E) Occupied dwelling means any building that is currently being used on a regular or temporary basis for human habitation;

(F) Public building means any structure that is owned by a public agency or used principally for public business, meetings, or other group gatherings;

(G) Community or institutional building means any structure, other than a public building or an occupied dwelling, which is used primarily for meetings, gatherings, or functions of local civic organizations or other community groups; functions as an educational, cultural, historic, religious, scientific, correctional, mental health, or physical health care facility; or is used for public services, including, but not limited to, water supply, power generation, or sewage treatment;

(H) Public park means an area dedicated or designated by any federal, state, or local agency for public recreational use, whether or not this use is limited to certain times or days, including any land leased, reserved, or held open to the public because of that use;

(I) Public road means any thoroughfare open to the public which has been and is being used by the public for vehicular travel which has been designated as a public road pursuant to the laws of the jurisdiction in which it is located; which is maintained with public funds in a manner similar to other public roads of the same classification within the jurisdiction and which meets road construction standards for other public roads of the same classification in the local jurisdiction;

(J) Cemetery means any area of land where human bodies are interred;

(K) Fragile lands means geographic areas containing natural, ecologic, scientific, or esthetic resources that could be damaged or destroyed by surface coal mining operations.

Examples of fragile lands include valuable habitats for fish, wildlife, critical habitats for endangered or threatened species of animals or plants, uncommon geologic formations, National Natural Landmark sites, areas where mining may cause flooding, environmental corridors containing a concentration of ecologic and esthetic features, areas of recreational value due to high environmental quality, and buffer zones adjacent to the boundaries of areas where surface coal mining operations are prohibited under section 444.890.4, RSMo, and this rule;

(L) Historic lands means historic or cultural districts, places, structures, or objects, including archeological and paleontological sites, National Historic Landmark sites, sites listed on or eligible for listing on a State or National Register of Historic Places, sites having religious or cultural significance to native Americans or religious groups, or sites for which historic designation is pending;

(M) Natural hazard lands means geographic areas in which natural conditions exist which pose or, as a result of surface coal mining operations, may pose a threat to the health, safety, or welfare of people, property, or the environment, including areas subject to landslides, cave-ins, large or encroaching sand dunes, severe wind or soil erosion, frequent flooding, avalanches, and areas of unstable geology; and (N) Substantial legal and financial commitments in a surface coal mining operation means significant investments that have been made on the basis of a long-term coal contract in power plants, railroads, coal-handling, preparation, extraction, or storage facilities, and other capital-intensive activities. An example would be an existing mine, not actually producing coal, but in a substantial stage of development prior to production.

Costs of acquiring the coal in place or of the right to mine it without an existing mine, as described in the previous example, alone are not sufficient to constitute substantial legal and financial commitments.

(2) Areas Where Mining is Prohibited or Limited. Surface coal mining operations may not be conducted on the following lands unless the permit applicant either has valid (7) of this rule or qualifies for the exception for existing operations under section (3) of this rule— (A) On any lands within the boundaries of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic River System, including study rivers designated under Section 5(a) of the Wild and Scenic Rivers Act (16 USC 1276(a)), and National Recreation Areas designated by act of congress;

(B) On any federal lands within the boundaries of any national forest, unless permitted by the United States secretary of the interior;

(C) On any publicly- or privately-owned lands which will adversely affect any publicly-owned park or any places included on the National Register of Historic Places, unless approved in the permit and plan and by the federal, state, or local agency with jurisdiction over the park or places;

(D) Within one hundred feet (100'), measured horizontally, of the outside right-of-way line of any public road, except where— 1. Mine access roads or haulage roads join that right-of-way line; or 2. The permit and plan allows the public road to be relocated or closed or the area affected to be within one hundred feet (100') of that road after— A. Public notice and opportunity for a public hearing in accordance with subsection (5)(B) of this rule; and B. A written finding is made that the interests of the affected public and landowners will be protected;

(E) Within three hundred feet (300'), measured horizontally, from any occupied dwelling. This prohibition does not apply when— 1. The permit applicant submits with the application a written waiver from the owner of the dwelling, clarifying that the owner and signatory had the legal right to deny mining and knowingly waived that right. The waiver shall act as consent to surface coal mining operations within a closer distance of the dwelling as specified; or 2. The part of the operation to be located closer than three hundred feet (300') to the dwelling is an access or haul road that connects with an existing public road on the side of the public road opposite the dwelling;

(F) Within three hundred feet (300'), measured horizontally, of any public building, school, church, community or institutional building, or public park; or (G) Within one hundred feet (100'), measured horizontally, of a cemetery. This prohibition does not apply if the cemetery is relocated in accordance with all applicable laws and regulations.

(3) Exception for Existing Operations. The prohibitions and limitations of section (2) of this rule do not apply to surface coal mining operations for which a valid permit, issued under 10 CSR 40-6, exists when the land comes under the protection of section 444.890.4, RSMo, or this rule. This exception applies only to lands within the permit area as it exists when the land comes under the protection of section 444.890.4, RSMo, or this rule.

(4) Procedures for Compatibility Findings for Surface Coal Mining Operations on Federal Lands in National Forests.

(A) Where the proposed operation would include federal lands within the boundaries of any national forest, and the applicant seeks a determination that mining is permissible under subsection (2)(B) of this rule, the applicant, pursuant to 30 CFR 761.13, shall submit a permit application to the regional director of the office for processing under 30 CFR, subchapter D.

(B) The applicant may submit a request to the regional director of the office for a determination before preparing and submitting an 4CODE OF STATE REGULATIONS application for a permit or boundary revision.

The applicant must explain how the proposed operation would not damage the values listed in the definition of “significant recreational, timber, economic, or other values incompatible with surface coal mining operations” in subsection (1)(B). The applicant must include a map and sufficient information about the nature of the proposed operation for the United States Secretary of the Interior to make adequately documented findings. The regional director of the office may request the applicant to provide any additional information that it determines is needed to make the required findings.

(C) When a proposed surface coal mining operation or proposed boundary revision for an existing surface coal mining operation includes federal lands within a national forest, the commission or director may not issue the permit or approve the boundary revision before the United States Secretary of the Interior makes the findings required by subsection (2)(B) of this rule.

(5) Procedures for Relocating or Closing a Public Road or Waiving the Prohibition on Surface Coal Mining Operations Within the Buffer Zone of a Public Road.

(A) This section does not apply to— 1. Lands for which a person has valid (7) of this rule;

2. Lands within the scope of the exception for existing operations in section (3) of 3. Access or haul roads that join a public road, as described in paragraph (2)(D)1. of this rule.

(B) Where the proposed mining operation is to be conducted within one hundred feet (100'), measured horizontally, of the outside right-of-way line of any public road or where the applicant proposes to close or relocate any public road, the commission or director or the appropriate public road authority designated by the director shall— 1. Require the applicant to obtain necessary approvals of the public road authority with jurisdiction;

2. Provide public notice in a newspaper of general circulation in the affected locale;

3. Provide a public comment period and an opportunity for a public hearing in the locality of the proposed mining operations at which any member of the public may participate for purpose of determining whether the interests of the public and affected landowners will be protected;

4. Publish, if a hearing is requested, a public notice of the location, date, and time of the hearing in a newspaper of general circulation in the affected locale two (2) weeks prior to the hearing; and 5. Make a written finding based upon information received from the public as to whether the interests of the public and affected landowners will be protected from the proposed mining operations. If a hearing was held, make this finding within thirty (30) days after the hearing. If no hearing is held, make this finding within thirty (30) days after the end of the public comment period.

(6) Procedures for Waiving the Prohibition on Surface Coal Mining Operations Within the Buffer Zone of an Occupied Dwelling.

(A) This section does not apply to— 1. Lands for which a person has valid (7) of this rule;

2. Lands within the scope of the exception for existing operations in section (3) of 3. Access or haul roads that connect with an existing public road on the side of the public road opposite the dwelling, as provided in paragraph (2)(E)2. of this rule.

(B) Where the proposed surface coal mining operations would be conducted within three hundred feet (300'), measured horizontally, of any occupied dwelling, the applicant shall submit with the application a written waiver from the owner of the dwelling, consenting to these operations within a closer distance of the dwelling as specified in the waiver. The waiver must be made knowingly and separate from a lease or deed unless the lease or deed contains an explicit waiver. The waiver must clarify that the owner and signatory had the legal right to deny mining and knowingly waived that right. The waiver will act as consent to surface coal mining operations within a closer distance of the dwelling as specified.

(C) If the permit applicant obtained a valid waiver before August 3, 1977, from the owner of an occupied dwelling to conduct operations within three hundred feet (300') of the dwelling, the permit applicant need not submit a new waiver.

(D) If the permit applicant obtains a valid waiver from the owner of an occupied dwelling, that waiver will remain effective against subsequent purchasers who had actual or constructive knowledge of the existing waiver at the time of purchase. A subsequent purchaser will be deemed to have constructive knowledge if the waiver has been properly filed in public property records pursuant to state laws or if surface coal mining operations have entered the three hundred (300)-foot zone before the date of purchase.

(7) Submission and Processing of Requests for Valid Existing Rights Determinations.

(A) Agency Responsible for Valid Existing Rights Determinations. An applicant must request a valid existing rights determination from the director of the office for federal lands protected under subsections (2)(A) and (B) of this rule and for those features on federal lands protected under subsections (2)(C) through (G) of this rule. An applicant must request a valid existing rights determination from the regulatory authority for non-federal lands protected under subsection (2)(A) of this rule and for those features on non-federal lands protected under subsections (2)(C) through (G) of this rule. The regulatory

rule.

(B) Request for a Valid Existing Rights Determination. An applicant must request a valid existing rights determination from the appropriate agency under subsection (7)(A) of this rule if he or she intends to conduct surface coal mining operations on the basis of valid existing rights under section (2) of this

rule or wishes to confirm the right to do so.

The applicant may submit this request before preparing and submitting an application for a permit or boundary revision for the land. If the regional director of the office is the appropriate agency, the applicant must request the determination in accordance with the requirements of the federal regulations at 30 CFR 761.16. If the regulatory authority is the appropriate agency, the applicant must request the determination in accordance with the requirements of this section.

1. Requirements for property rights demonstration. The applicant must provide a property rights demonstration under paragraph (1)(A)2. of this rule if the request relies upon the good faith/all permits standard or the needed for and adjacent standard in paragraph (1)(A)3. of this rule. This demonstration must include the following items:

A. A legal description of the land to which the request pertains;

B. Complete documentation of the character and extent of the applicant’s current interests in the surface and mineral estates of the land to which the request pertains;

C. A complete chain of title for the surface and mineral estates of the land to which the request pertains;

D. A description of the nature and effect of each title instrument that forms the

basis for the request, including any provision pertaining to the type or method of mining or mining-related surface disturbances and facilities;

E. A description of the type and extent of surface coal mining operations that the applicant claims the right to conduct, including the method of mining, any miningrelated surface activities and facilities, and an explanation of how those operations would be consistent with state property law;

F. Complete documentation of the nature and ownership, as of the date that the 444.890.4, RSMo, or this rule, of all property rights for the surface and mineral estates of the land to which the request pertains;

G. Names and addresses of the current owners of the surface and mineral estates of the land to which the request pertains;

H. If the coal interests have been severed from other property interests, documentation that the owners of other property interests in the land to which the request pertains have been notified and provided reasonable opportunity to comment on the validity of the property rights claims; and I. Any comments received in response to the notification provided under subparagraph (7)(B)1.H. of this rule.

2. Requirements for good faith/all permits standard. If the request relies upon the good faith/all permits standard in subparagraph (1)(A)3.A. of this rule, the applicant must submit the information required under paragraph (7)(B)1. of this rule. Also, the applicant must submit the following information about permits, licenses, and authorizations for surface coal mining operations on the land to which the request pertains:

A. Approval and issuance dates and identification numbers for any permits, licenses, and authorizations that the applicant obtained or that a predecessor in interest obtained before the land came under the pro-

rule;

B. Application dates and identification numbers for any permits, licenses, and authorizations that the applicant submitted or a predecessor in interest submitted in an application before the land came under the C. An explanation of any other good faith effort that the applicant made or a predecessor in interest made to obtain the necessary permits, licenses, and authorizations as of the date that the land came under the pro-

rule.

3. Requirements needed for and adjacent standard. If the request relies upon the needed for and adjacent standard in subparagraph (1)(A)3.B. of this rule, the applicant must submit the information required under paragraph (7)(B)1. of this rule. In addition, the applicant must explain how and why the land is needed for and immediately adjacent to the operation upon which the request is based, including a demonstration that prohibiting expansion of the operation onto that land would unfairly impact the viability of the operation as originally planned before the 444.890.4, RSMo, or this rule.

4. Requirements for standards for mine roads. If the request relies upon one (1) of the standards for roads in subparagraphs (1)(A)4.A. through C. of this rule, the applicant must submit satisfactory documentation that— A. The road existed when the land upon which it is located came under the pro-

rule, and the applicant has a legal right to use the road for surface coal mining operations;

B. A properly recorded right-of-way or easement for a road in that location existed when the land came under the protection of section 444.890.4, RSMo, or this rule, and, under the document creating the rightof-way or easement, and under any subsequent conveyances, the applicant has a legal right to use or construct a road across that right-of-way or easement to conduct surface coal mining operations; or C. A valid permit for use or construction of a road in that location for surface coal mining operations existed when the land came under the protection of section 444.890.4, RSMo, or this rule.

(C) Initial Review of Request.

1. The commission or director must conduct an initial review to determine whether the request includes all applicable components of the submission requirements of subsection (7)(B) of this rule. This review pertains only to the completeness of the request, not the legal or technical adequacy of the materials submitted.

2. If the request does not include all applicable components of the submission requirements of subsection (7)(B) of this rule, the commission or director must notify the applicant and establish a reasonable time for submission of the missing information.

3. When the request includes all applicable components of the submission requirements of subsection (7)(B) of this rule, the commission or director must implement the notice and comment requirements of subsection (7)(D) of this rule.

4. If the information that the commission or director requests under paragraph (7)(C)2. of this rule is not provided within the time specified or as subsequently extended, the commission or director must issue a determination that the applicant has not demonstrated valid existing rights, as provided in paragraph (7)(E)4. of this rule.

(D) Notice and Comment Requirements and Procedures.

1. When the completeness requirements of subsection (7)(C) of this rule are satisfied, the commission or director must publish a notice in a newspaper of general circulation in the county in which the land is located.

This notice must invite comment on the merits of the request. Alternatively, the commission or director may require that the applicant publish this notice and provide the commission or director with a copy of the published notice. Each notice must include:

A. The location of the land to which the request pertains;

B. A description of the type of surface coal mining operations planned; and C. A reference to and brief description of the applicable standard(s) under the definition of valid existing rights in subsection (1)(A) of this rule.

(I) If the request relies upon the good faith/all permits standard or the needed for and adjacent standard of the definition of valid existing rights in paragraph (1)(A)3. of this rule, the notice also must include a description of the property rights that are claimed and the basis for the claim.

(II) If the request relies upon the standard of the definition of valid existing rights in subparagraph (1)(A)4.A. of this

rule, the notice also must include a description of the basis for the claim that the road existed when the land came under the protection of section 444.890.4, RSMo, or this

rule. In addition, the notice must include a description of the basis for the claim that the applicant has a legal right to use that road for surface coal mining operations.

(III) If the request relies upon the standard of the definition of valid existing rights in subparagraph (1)(A)4.B. of this rule, the notice also must include a description of the basis for the claim that a properly recorded right-of-way or easement for a road in that location existed when the land came under the protection of section 444.890.4, RSMo, or this rule. In addition, the notice must include a description of the basis for the claim that, under the document creating the right-of-way or easement, and under any subsequent conveyances, the applicant has a 6CODE OF STATE REGULATIONS legal right to use or construct a road across the right-of-way or easement to conduct surface coal mining operations.

(IV) If the request relies upon one or more of the standards in paragraph (1)(A)3., and subparagraphs (1)(A)4.A. and (1)(A)4.B. of the definition of valid existing rights in subsection (1)(A) of this rule, a statement that the commission or director will not make a decision on the merits of the request if, by the close of the comment period under this notice or the notice required by paragraph (7)(D)3. of this rule, a person with a legal interest in the land initiates appropriate legal action in the proper venue to resolve any differences concerning the validity or interpretation of the deed, lease, easement, or other documents that form the basis of the claim.

(V) A description of the procedures that the commission or director will follow in processing the request.

(VI) The closing date of the comment period, which must be a minimum of thirty (30) days after the publication date of the notice.

(VII) A statement that interested persons may obtain a thirty (30)-day extension of the comment period upon request.

(VIII) The name and address of the commission or director’s office where a copy of the request is available for public inspection and to which comments and requests for extension of the comment period should be sent.

2. The commission or director must promptly provide a copy of the notice required under paragraph (7)(D)1. to— A. All reasonably locatable owners of surface and mineral estates in the land included in the request; and B. The owner of the feature causing the land to come under the protection of section 444.890.4, RSMo, or this rule, and, when applicable, the agency with primary jurisdiction over the feature with respect to the values causing the land to come under the this rule. For example, both the landowner and the state historic preservation officer must be notified if surface coal mining operations would adversely impact any site listed on the National Register of Historic Places.

As another example, both the surface owner and the National Park Service must be notified if the request includes non-federal lands within the authorized boundaries of a unit of the National Park System.

3. The letter transmitting the notice required under paragraph (7)(D)2. of this

rule must provide a thirty (30)-day comment period, starting from the date of service of the letter, and specify that another thirty (30) days is available upon request. At its discretion, the commission or director may grant additional time for good cause upon request.

The commission or director need not necessarily consider comments received after the closing date of the comment period.

(E) How a Decision Will be Made.

1. The commission or director must review the materials submitted under subsection (7)(B) of this rule, comments received under subsection (7)(D) of this rule, and any other relevant, reasonably available information to determine whether the record is sufficiently complete and adequate to support a decision on the merits of the request. If not, the commission or director must notify the applicant in writing, explaining the inadequacy of the record and requesting submittal, within a specified reasonable time, of any additional information that the commission or director deems necessary to remedy the inadequacy.

2. Once the record is complete and adequate, the commission or director must determine whether the applicant has demonstrated valid existing rights. The decision document must explain how the applicant has or has not satisfied all applicable elements of the definition of valid existing rights in subsection (1)(A) of this rule. It must contain findings of fact and conclusions, and it must specify the reasons for the conclusions.

3. Impact of property rights disagreements. This paragraph applies only when the applicant’s request relies upon one (1) or more of the standards of the definition of valid existing rights in paragraph (1)(A)3., and subparagraphs (1)(A)4.A. and (1)(A)4.B. of this rule.

A. The commission or director must issue a determination that the applicant has not demonstrated valid existing rights if the property rights claims are the subject of pending litigation in a court or administrative body with jurisdiction over the property rights in question. The commission or director will make this determination without prejudice, meaning that the applicant may refile the request once the property rights dispute is finally adjudicated. This paragraph applies only to situations in which legal action has been initiated as of the closing date of the comment period under paragraph (7)(D)1. or (7)(D)3. of this rule.

B. If the record indicates disagreement as to the accuracy of the applicant’s property rights claims, but this disagreement is not the subject of pending litigation in a court or administrative agency of competent jurisdiction, the commission or director must evaluate the merits of the information in the record and determine whether the applicant has demonstrated that the requisite property rights exist under the definition of valid existing rights in paragraph (1)(A)3., and subparagraphs (1)(A)4.A. and (1)(A)4.B. of this

rule, as appropriate. The commission or director must then proceed with the decision process under paragraph (7)(E)2. of this rule.

4. The commission or director must issue a determination that the applicant has not demonstrated valid existing rights if the applicant does not submit information that the commission or director requests under paragraph (7)(C)2. or (7)(E)1. of this rule within the time specified or as subsequently extended. The commission or director will make this determination without prejudice, meaning that the applicant may refile a revised request at any time.

5. After making a determination, the commission or director must— A. Provide a copy of the determination, together with an explanation of appeal rights and procedures, to the applicant, to the owner or owners of the land to which the determination applies, to the owner of the feature causing the land to come under the this rule, and, when applicable, to the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of section 444.890.4, RSMo, or this rule; and B. Publish notice of the determination in a newspaper of general circulation in the county in which the land is located.

Alternatively, the commission or director may require that the applicant publish this notice and provide a copy of the published notice to the commission or director.

(F) A determination of the commission or director that a person holds or does not hold a valid existing right or that the surface coal mining operations did or did not exist on the date of enactment shall be subject to administrative and judicial review under 10 CSR 40-6.080(1)(B) and (2)(B).

(G) Availability of Records. The commission or director must make a copy of the request subject to notice and comment under subsection (7)(D) of this rule available to the public in the same manner as the commission or director makes permit applications available to the public under 10 CSR 40-6.070(6).

In addition, the commission or director must make records associated with that request, and any subsequent determination under sub-

section (7)(E) of this rule, available to the public in accordance with the requirements and procedures of 10 CSR 40-8.030(3).

(8) Regulatory Authority Obligations at Time of Permit Application Review.

(A) Upon receipt of an administratively complete application for a surface coal mining and reclamation operation permit, or an administratively complete application for revision of the boundaries of a surface coal mining operation permit, the commission or director shall review the application to determine whether the proposed surface coal mining operation would be located on any lands protected under section 444.890.4, RSMo, or this rule.

(B) The commission or director must reject any portion of the application that would locate surface coal mining operations on land protected under section 444.890.4, RSMo, or this rule, unless— 1. The site qualifies for the exception for existing operations under section (3) of this

rule;

2. A person has valid existing rights for the land, as determined under section (7) of this rule;

3. The applicant obtains a waiver or exception from the prohibitions of section 444.890.4, RSMo, or this rule, in accordance with sections (4) through (6) of this rule; and 4. For lands protected by subsection (2)(C) of this rule, both the commission or director and the agency with jurisdiction over the park or place jointly approve the proposed operation in accordance with subsection (8)(D) of this rule.

(C) Location Verification. If the commission or director has difficulty determining whether an application includes land within an area specified in subsection (2)(A) of this

rule or within the specified distance from a structure or feature listed in subsection (2)(F) or (G) of this rule, the commission or director shall request that the federal, state, or local governmental agency with jurisdiction over the protected land, structure, or feature verify the location.

1. The request for location verification must— A. Include relevant portions of the permit application;

B. Provide the agency with thirty (30) days after receipt to respond, with a notice that another thirty (30) days is available upon request; and C. Specify that the commission or director will not necessarily consider a response received after the comment period provided under subparagraph (8)(C)1.B. of this rule.

2. If the agency does not respond in a timely manner, the commission or director may make the necessary determination based on available information.

(D) Procedures for Joint Approval of Surface Coal Mining Operations that will Adversely Affect Publicly-Owned Parks or Historic Places.

1. If the commission or director determines that the proposed surface coal mining operation will adversely affect any publiclyowned park or any place included in the National Register of Historic Places, the director shall request that the federal, state, or local agency with jurisdiction over the park or place either approve or object to the proposed operation. The request must— A. Include a copy of applicable parts of the permit application;

B. Provide the agency with thirty (30) days after receipt to respond, with a notice that another thirty (30) days is available upon request; and C. State that failure to interpose an objection within the time specified under subparagraph (8)(D)1.B. of this rule will constitute approval of the proposed operation.

2. The commission or director may not issue a permit for a proposed operation subject to paragraph (8)(D)1. of this rule unless all affected agencies jointly approve.

3. Paragraphs (8)(D)1. and 2. of this

rule do not apply to— A. Lands for which a person has valid (7) of this rule; and B. Lands within the scope of the exception for existing operations in section (3) of this rule.

Filed Feb. 9, 1981, effective July 11, 1981.

Amended: Filed Sept. 15, 1988, effective Jan. 15, 1989. Amended: Filed March 2, 1989, effective May 15, 1989. Amended: Filed July 3, 1990, effective Nov. 30, 1990. Amended:

Filed May 15, 1992, effective Jan. 15, 1993.

Amended: Filed March 21, 2000, effective Oct. 30, 2000. Amended: Filed June 29, 2011, effective Jan. 30, 2012. *Original authority: 444.530, RSMo 1971, amended 1983, 1990, 1993, 1995.

**History**
- *authority must use the federal definition of valid existing rights at 30 CFR 761.5 when making a determination for non-federal lands protected under subsection (2)(A) of this rule and the definition of valid existing rights at subsection (1)(A) of this rule when making a determination for those features protected under subsections (2)(C) through (G) of this*
- *AUTHORITY: section 444.530, RSMo 2000. Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended: Filed Dec. 10, 1980, effective April 11, 1981. Amended:*

##### **10 CSR 40-5.020** State Designation of Areas as Unsuitable for Mining {#sec-10-csr-40-5.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-5.020}

PURPOSE: This rule sets forth criteria and procedures for the commission and director for the designation of land as unsuitable for mining operations, pursuant to sections 444.810 and 444.890, RSMo.

(1) Criteria for Designating Lands as Unsuitable.

(A) An area shall be designated as unsuitable for all or certain types of surface coal mining operations, upon petition, if it is determined that reclamation is not technologically and economically feasible under the law and 10 CSR 40-3–10 CSR 40-8.

(B) Upon petition an area may be designated (but is not required to be) as unsuitable for certain types of surface coal mining operations, if the operations will— 1. Be incompatible with existing state or local land use plans or programs;

2. Affect fragile or historic lands in which the operations could result in significant damage to important historic, cultural, scientific, or esthetic values or natural systems;

3. Affect renewable resource lands in which the operations could result in a substantial loss or reduction of long range productivity of water supply or of food or fiber products; or 4. Affect natural hazard lands in which the operations could substantially endanger life and property. These lands to include areas subject to frequent flooding and areas of unstable geology.

(2) The requirements of this rule do not apply to— (A) Lands on which surface coal mining operations were being conducted on September 28, 1979;

(B) Lands covered by a permit and plan; or (C) Lands where substantial legal and financial commitments in surface coal mining operations were in existence prior to January 4, 1977.

(3) Applicability to Lands Designated as Unsuitable by Congress. Pursuant to appropriate petitions, lands listed under 10 CSR 40-5.010(2) are subject to designation as unsuitable for all or certain types of surface coal mining operations under this rule.

(4) Exploration on Land Designated as Unsuitable for Surface Coal Mining Operations. Designation of any areas as unsuitable for all or certain types of surface coal mining operations does not prohibit coal exploration operations in the area, if conducted in accordance with the law and 10 CSR 40-3–10 CSR 40-8, and other applicable federal and state requirements. Exploration operations on any lands designated unsuitable for surface coal mining operations must be approved under 10 CSR 40-6.020 to insure that exploration does not interfere with any value for which the 8CODE OF STATE REGULATIONS area has been designated unsuitable for surface coal mining.

(5) Procedures—Petitions.

(A) Right to Petition. Any person having an interest which is, or may be, adversely affected has the right to petition the commission and director to have an area designated as unsuitable for surface coal mining operations or to have an existing designation terminated. The petition shall be filed with the director.

(B) Designation. The only information that a petitioner need provide is— 1. The location and size of the area and a United States Geological Survey (USGS) topographic map outlining the perimeter of the petitioned area covered by the petition;

2. Specific allegations of facts and supporting evidence which would tend to establish that the area is unsuitable for all or certain types of surface coal mining operations;

3. A description of how mining of the area has affected or may adversely affect people, land, air, water, or other resources;

4. The petitioner’s name, address, telephone number, and notarized signature;

5. Identification of the petitioner’s interest which is or may be adversely affected;

6. Other supplementary information which is readily available.

(C) Termination. The only information that a petitioner need provide is— 1. The location and size of the area and a USGS topographic map outlining the perimeter of the petitioned area covered by the petition;

2. Allegations of facts, with supporting evidence, not contained in the record of the proceeding in which the area was designated unsuitable, which would tend to establish the statements or allegations, and which statements or allegations indicate that the designation should be terminated based on— A. The nature or abundance of the protected resource or condition or other basis of the designation if the designation was based on criteria found in subsection (1)(B) of this rule;

B. Reclamation now being technologically and economically feasible, if the designation was based on the criteria found in sub-

section (1)(A) of this rule; or C. The resources or condition not being affected by surface coal mining operations or, in the case of land use plans, not being incompatible with surface coal mining operations during and after mining, if the designation was based on the criteria found in subsection (1)(B) of this rule;

3. The petitioner’s name, address, telephone number, and notarized signature;

4. Identification of the petitioner’s interest which is or may be adversely affected by the continuation of the designation; and 5. Other supplementary information which is readily available.

(6) Procedures—Initial Processing, Record- Keeping, and Notification Requirements.

(A) Initial Processing.

1. Within thirty (30) days of receipt of a petition, the director shall notify the petitioner by certified mail whether or not the petition is complete under subsection (5)(B) or (C) of this rule.

2. The director shall determine whether any identified coal resources exist in the area covered by the petition, without requiring any showing from the petitioner. If the director finds there are not any identified coal resources in that area, s/he shall return the petition to the petitioner with a statement of findings.

3. The director may reject petitions for designations or terminations of designations which are frivolous. Once the requirements of section (5) of this rule are met, no party shall bear any burden of proof, but each accepted petition shall be considered and acted upon by the commission and director pursuant to the procedures of sections (5)–(11) of this rule.

4. When considering a petition for an area which was previously and unsuccessfully proposed for designation, the director shall determine if the new petition presents new allegations of facts. If the petition does not contain new allegations of facts, the director shall not consider the petition and shall return the petition to the petitioner, with a statement of his/her findings and a reference to the record of the previous designation proceedings where the facts were considered.

5. If the director determines that the petition is incomplete or frivolous, s/he shall return the petition to the petitioner, with a written statement of the reasons for the determination and the categories of information needed to make the petition complete.

6. The director shall notify the person who submits a petition of any application for a permit received which proposes to include any area covered by the petition.

7. Any petition received after the close of the public comment period on a permit application relating to the same mine plan area shall not prevent the commission or director from issuing a decision on that permit application. The commission or director may return any petition received after that to the petitioner with a statement why the commission or director cannot consider the petition. For the purposes of this section, close of the public comment period shall mean at the close of any informal conference held under 10 CSR 40-6.070(5) or, if no conference is requested, at the close of the period for filing written comments and objections under 10 CSR 40-6.070(3) and (4).

(B) Public Notice.

1. Within three (3) weeks after the determination that a petition is completed, the director shall circulate copies of the petition to, and request submissions of relevant information from, other interested governmental agencies, the petitioner, intervenors, persons with an ownership interest of record in the property, and other persons known to the director to have an interest in the property.

2. Within three (3) weeks after the determination that a petition is complete, the director shall notify the general public of the receipt of the petition and request submissions of relevant information by a newspaper advertisement placed once a week for two (2) consecutive weeks in the locale of the area covered by the petition, in the newspaper of largest circulation in the state, and in any official state register of public notices.

(C) Until three (3) days before the commission holds a hearing under section (7) of this rule, any person may intervene in the proceeding by filing allegations of facts, supporting evidence, a short statement identifying the petition to which the allegations pertain, and the intervenor’s name, address, and telephone number.

(D) Beginning immediately after a complete petition is filed, the director shall compile and maintain a record consisting of all documents relating to the petition filed with or prepared by the commission. The director shall make the record available for public inspection, free of charge and copying, at reasonable cost, during all normal business hours at a central location of the county or multicounty area in which the land petitioned is located and at the main office of the director.

(7) Procedures—Hearing Requirements.

(A) Within ten (10) months after receipt of a complete petition, the commission shall hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held. The hearing shall be legislative and fact-finding in nature, without cross-examination of witnesses. The commission shall make a verbatim transcript of the hearing.

(B) Hearing Notices.

1. The director shall give notice of the date, time, and location of the hearing to— A. Local, state, and federal agencies which may have an interest in the decision on the petition;

B. The petitioner and the intervenors;

C. Any person with an ownership or other interest known to the director in the area covered by the petition.

2. Notice of the hearing shall be sent by certified mail and postmarked not less than thirty (30) days before the scheduled date of the hearing.

(C) The director shall notify the general public of the date, time, and location of the hearing by placing a newspaper advertisement once a week for two (2) consecutive weeks in the locale of the area covered by the petition and once during the week prior to the scheduled date of the public hearing. The consecutive weekly advertisement must begin between four and five (4–5) weeks before the scheduled date of the public hearing.

(D) The commission may consolidate in a single hearing the hearings required for each of several petitions which relate to areas in the same locale.

(E) Prior to designating any land areas as unsuitable for surface coal mining operations, the commission will prepare a detailed statement using existing and available information on the potential coal resources of the area, the demand for coal resources, and the impact of this designation on the environment, the economy, and the supply of coal.

(F) In the event that all petitioners and intervenors stipulate agreement prior to the hearing, the petition may be withdrawn from consideration.

(8) Procedures—Decision.

(A) In reaching its decision, the commission shall use— 1. Information contained in the data base and inventory system;

2. Information provided by other governmental agencies;

3. The detailed statement prepared under subsection (7)(E) of this rule; and 4. Any other relevant information submitted during the comment period.

(B) A final written decision shall be issued by the commission, including a statement of reasons, within sixty (60) days of completion of the public hearing or, if no public hearing is held, then within twelve (12) months after receipt of the complete petition. The director shall simultaneously send the decision by certified mail to the petitioner, every other party to the proceeding and to the regional director of the office for the region in which the state is located.

(C) The decision of the commission with respect to a petition, or the failure of the commission to act within the time limits set forth in this section, are subject to judicial review.

(9) Data Base and Inventory System Requirements.

(A) The director shall develop a data base and inventory system which will permit evaluation of whether reclamation is feasible in areas covered by petitions.

(B) The director shall include in the system information relevant to the criteria in section (1) of this rule, including, but not limited to, information received from the United States Fish and Wildlife Service, the state historic preservation officer, and the agency administering Section 127 of the Clean Air Act (42 USC Section 7470).

(C) The director shall add to the data base and inventory system the following information:

1. On potential coal resources of the state, demand for those resources, the environment, the economy, and the supply of coal sufficient to enable the commission to prepare the statements required by subsection (7)(E) of this rule; and 2. That which becomes available from petitions, publications, experiments, permit applications, mining and reclamation operations, and other sources.

(10) Public Information. The director shall— (A) Make the information and data base system developed under section (9) of this

rule available to the public for inspection free of charge and for copying at reasonable cost;

(B) Provide information to the public on the petition procedures necessary to have an area designated as unsuitable for all or certain types of surface coal mining operations or to have designations terminated and describe how the inventory and data base system can be used.

(11) Responsibility for Implementation.

(A) Permits will not be issued which are inconsistent with designations made pursuant to 10 CSR 40-5.010 or this rule.

(B) The director shall maintain a map of areas designated as unsuitable for all or certain types of surface coal mining operations.

(C) The director shall make available to any person any information within his/her control regarding designations, including mineral and elemental content which is potentially toxic in the environment but excepting proprietary information on the chemical and physical properties of the coal.

Filed Sept. 15, 1988, effective Jan. 15, 1989.

Amended: Filed June 29, 2011, effective Jan. 30, 2012. *Original authority: 444.530, RSMo 1971, amended 1983, 1990, 1993, 1995.

10CODE OF STATE REGULATIONS

**History**
- *AUTHORITY: section 444.530, RSMo 2000. Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended: Filed April 14, 1980, effective Aug. 11, 1980. Amended:*

### **Chapter 6** Permitting Requirements for Surface and Underground Coal Mining and Reclamation Operations and Coal Exploration

##### **10 CSR 40-6.010** General Requirements for Permits, Permit Applications {#sec-10-csr-40-6.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.010}

##### **10 CSR 40-6.030** Surface Mining Permit Applications—Minimum Requirements for Legal, {#sec-10-csr-40-6.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.030}

##### **10 CSR 40-6.040** Surface Mining Permit Applications—Minimum Requirements for {#sec-10-csr-40-6.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.040}

##### **10 CSR 40-6.050** Surface Mining Permit Applications—Minimum Requirements for {#sec-10-csr-40-6.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.050}

##### **10 CSR 40-6.060** Requirements for Permits for Special Categories of Surface {#sec-10-csr-40-6.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.060}

##### **10 CSR 40-6.070** Review, Public Participation and Approval of Permit Applications {#sec-10-csr-40-6.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.070}

##### **10 CSR 40-6.090** Permit Reviews, Revisions and Renewals and Transfer, Sale and Assignment {#sec-10-csr-40-6.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.090}

##### **10 CSR 40-6.110** Underground Mining Permit Applications—Minimum Requirements for Information on Environmental Resources {#sec-10-csr-40-6.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.110}

##### **10 CSR 40-6.120** Underground Mining Permit Applications—Minimum Requirements for Reclamation and Operations Plan NATURAL RESOURCES Commission for Surface and Underground Coal Mining and Reclamation Operations and Coal Exploration {#sec-10-csr-40-6.120 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.120}

##### **10 CSR 40-6.010** General Requirements for Permits, Permit Applications and Coal Exploration for permits, permit applications and coal exploration pursuant to sections 444.810, 444.815, 444.820, 444.835, 444.840 and Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law. {#sec-10-csr-40-6.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.010}

(1) Responsibilities.

(A) Persons seeking to engage in surface coal mining and reclamation operations and coal exploration must submit an application for and obtain a permit for those operations in accordance with this chapter.

(B) The commission or director will review each application for a permit, approve or disapprove each permit application or exploration application and issue, condition, suspend or revoke exploration approval, permits, renewals or revised permits as required.

(C) All persons engaging in surface coal mining and reclamation operations and coal exploration under this permit shall comply with the terms and conditions of the permit and regulatory program.

(2) Definitions. As used throughout this

chapter, except where otherwise indicated— (A) Applicant means a person who seeks to obtain a permit under this chapter;

(B) Application means the documents and other information filed with the director under this chapter for the issuance of a permit;

(C) Complete application means an application for a permit, which contains all information required under this chapter;

(D) General area means, with respect to hydrology, the topographic and groundwater basin surrounding a mine plan area which is of sufficient size, including areal extent and depth, to include one (1) or more watersheds containing perennial streams and groundwater zones and to allow assessment of the probable cumulative impacts on the quality and quantity of surface water and groundwater systems in the basins;

(E) Owned or controlled and owns or controls means any one or a combination of the relationships specified in paragraphs (2)(E)1. and 2. of this definition— 1. Being a permittee of a surface coal mining operation, based on instruments of ownership or voting securities, owning of record in excess of fifty percent (50%) of an entity or having any other relationship which gives one (1) person authority directly or indirectly to determine the manner in which an applicant, an operator or other entity conducts surface coal mining operations; and 2. The following relationships are presumed to constitute ownership or control unless a person can demonstrate that the person subject to the presumption, in fact, does not have the authority, directly or indirectly, to determine the manner in which the relevant surface coal mining operation is conducted:

A. Being an officer or director of an entity;

B. Being the operator of a surface coal mining operation;

C. Having the ability to commit the financial or real property assets or working resources of an entity;

D. Being a general partner in a partnership;

E. Based on the instruments of ownership or the voting securities of a corporate entity, owning of record ten percent through fifty percent (10%–50%) of the entity; or F. Owning or controlling coal to be mined by another person under a lease, sublease or other contract and having the right to receive the coal after mining or having

(F) Principal shareholder means any person who is the record or beneficial owner of ten percent (10%) or more of any class of voting stock;

(G) Property to be mined means both the surface and mineral estates on and underneath lands which are within the permit area;

(H) Secretary is the Secretary of the Interior; and (I) Violation notice means any written notification from a governmental entity of a violation of law, whether by letter, memorandum, legal or administrative pleading or other written communication.

(3) Coordination with Requirements Under Other Laws. The director, to avoid duplication, will coordinate the review and issuance of permits for surface coal mining and reclamation operations with— (A) Any other federal or state permit process applicable to those operations including, at a minimum, permits required under the following:

1. Clean Water Act (33 U.S.C. Section 1251);

2. Clean Air Act (42 U.S.C. Section 7401); and 3. Resource Conservation and Recovery Act (42 U.S.C. Section 3251);

(B) The requirements of any water quality management plans which have been approved by the administrator of the United States Environmental Protection Agency under Sections 208 or 303(c), and (e) of the Clean Water Act, (33 U.S.C. Sections 1288, 1313(c), and (e)); and (C) The applicable requirements of the Endangered Species Act of 1973, (16 U.S.C. 1531–1543); the Fish and Wildlife Coordination Act, (16 U.S.C. 661–666c); the National Historic Preservation Act of 1966 (16 U.S.C. 470–47011); Executive Order 11593; the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469–469c); the Bald Eagle Protection Act (16 U.S.C. 668d); and the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703–712).

(4) Except as otherwise provided for in this

rule, on and after eight (8) months from the date on which the state program is approved by the secretary pursuant to 30 U.S.C. 1253 and published in the Federal Register, no person shall engage in or carry out any surface coal mining and reclamation operations unless that person shall have first obtained a valid permit pursuant to this chapter.

(A) Initial Implementation. From September 28, 1979 until eight (8) months after approval of the state program, no person shall engage in or carry out any surface mining or reclamation operations unless that person shall first have obtained a permit pursuant to and complies with sections 444.500– 444.755, RSMo, as in existence prior to September 28, 1979. Any permit issued pursuant to these provisions shall continue in force and effect for the term of the permit or any revisions or renewals the permit, except as provided in paragraph (4)(A)1. of this rule.

1. No permit issued pursuant to sections 444.500–444.755, RSMo, as in existence prior to September 28, 1979, shall extend past eight (8) months from the date of approval of the state program, except as provided in subparagraph (4)(A)1.A. of this A. If an application for a permit pursuant to this chapter is filed within two (2) months after the approval of the state program, the operation may conduct operations under a permit issued pursuant to sections 444.500–444.755, RSMo, until determination on the application has been made by the director under 10 CSR 40-6.070.

(B) Filing Deadlines After Initial Implementation.

1. General. Each person who conducts or expects to conduct new surface coal mining and reclamation operations shall file a complete application for a permit for those operations allowing at a minimum of ninety (90) days for review of the application.

2. Renewal of valid permits. An application for renewal of a permit under 10 CSR 40-6.090(5) and (6) shall be filed at least one hundred twenty (120) days before the expiration of the permit involved. A permittee need not renew the permit if no surface coal mining operations will be conducted under the permit and solely reclamation activities remain to be done. Obligations established under a permit continue until completion of tions, regardless of whether the authorization to conduct surface coal mining operations has expired or has been terminated, revoked, or suspended.

3. Revisions of permits. Any application for revision of a permit under 10 CSR 40- 6.090(4) shall be filed within a time sufficient to allow for review of the application before the date on which the permittee expects to revise surface coal mining or reclamation operations.

4. Succession to rights granted under prior permits. Any application for a new permit required for a person succeeding by transfer, sale or assignment of rights granted under a permit shall be filed not later than thirty (30) days after that succession is approved by the commission.

(5) Permit Applications—General Requirements for Format and Contents.

(A) Applications for permits to conduct surface and underground coal mining and reclamation operations shall be filed in the format required by the director. The application shall be complete and include, at a minimum for surface mining activities, all applicable information required under 10 CSR 40- 6.030–10 CSR 40-6.050 for underground mining activities, all applicable information required under 10 CSR 40-6.100–10 CSR 40- 6.120, and for special types of surface and underground coal mining and reclamation operations, all the information required under 10 CSR 40-6.060.

(B) Information set forth in the application shall be current, presented clearly and concisely and supported by appropriate references to technical and other written material available to the commission and director.

(C) With regard to technical information presented in the permit application— 1. All technical data submitted in the application shall be accompanied by the fol- A. Names of persons or organizations which collected and analyzed the data;

B. Dates of the collection and analyses; and C. Descriptions of methodology used to collect and analyze the data; and 2. Technical analyses shall be planned by or under the supervision of professionals qualified in the subject to be analyzed.

(D) The application shall state the name, address and position of officials of each private or academic research organization or governmental agency consulted by the applicant in preparation of the application for information on the land uses, soils, geology, vegetation, fish and wildlife, water quantity and quality, air quality and archeological, cultural and historic features.

(E) Maps and Plans—General Requirements.

1. Maps submitted with applications shall be presented in a consolidated format, to the extent possible and shall include all the types of information that are set forth on topographic maps of the United States Geological Survey of the 1:24,000 scale series. Maps of the permit area shall be at a scale of 1:6,000 or larger. Maps of the remainder of the mine plan area and the adjacent areas shall clearly show the lands and waters within those areas and be in a scale determined by the commission or director, but in no event smaller than 1:24,000.

2. All maps and plans submitted with the application shall distinguish among each of the phases during which surface coal mining operations were or will be conducted at any place within the mine plan area. At a minimum, distinctions shall be clearly shown among those portions of the mine plan area in which surface coal mining operations occurred— A. Prior to August 3, 1977;

B. After August 3, 1977 and prior to May 3, 1978;

C. After May 3, 1978 and prior to the approval of the state regulatory program;

D. After the date of approval of the state regulatory program and prior to the estimated date of issuance of the first permit under this rule; and E. After the estimated date of issuance of a permit by the commission or director.

(6) Permit Fees. Each application for a surface coal mining and reclamation permit pursuant to a regulatory program shall be accompanied by a fee.

(A) For new surface coal mining permits there shall be an initial fee of one hundred dollars ($100), plus an acreage fee of one hundred dollars ($100) for each acre or fraction of an acre of the permit area. For multiple year permits, the acreage fee shall be paid annually by dividing the total acres in the permit area by the number of years covered by the permit and multiplying that number by that year’s acreage fee, and, after the first year, there shall be an annual fee of one hundred dollars ($100). For the first year of any new permit, the first year’s fees shall be paid with the permit application. Afterwards and until the operator obtains the final liability release on all lands covered by the permit, the annual fee and acreage fee shall be paid as a condition to and prior to operating for that permit year. The acreage fee shall be paid only once on any given area, except in the case of a revocation; an allowance shall be given for any acreage fee previously paid for a permit under sections 444.500—444.755, RSMo, when the land was not disturbed under the permit.

(B) For permit renewal, there shall be a basic fee of one hundred dollars ($100) for each year of renewal, to be paid annually.

(C) For permit revision, there shall be a basic application fee of one hundred dollars ($100).

(D) For application of a successor to a permit, there shall be a basic fee of one hundred dollars ($100).

(E) For coal exploration permits there shall be an application fee of one hundred dollars ($100).

(F) For surface effects of underground mining, there shall be a fee determined as in subsection (6)(A) of this rule.

(G) For reinstatement of a permit after suspension, there shall be a fee of one hundred dollars ($100).

(H) Any land disturbed subsequent to revocation of a permit which included this land shall require a new permit application and fees paid as determined in subsection (6)(A) of this rule.

(7) Verification of Application. Applications for permits shall be verified under oath by a responsible official of the applicant that the 4CODE OF STATE REGULATIONS information contained in the application is true and correct to the best of the official’s information and belief.

RSMo Supp. 1999.* Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended:

Amended: Filed May 12, 1980, effective Sept. 12, 1980. Amended: Filed Aug. 1, 1980, effective Dec. 11, 1980. Amended: Filed Jan. 5, 1987, effective July 1, 1987. Amended:

Filed June 2, 1987, effective Aug. 27, 1987.

Amended: Filed July 3, 1990, effective Nov. 30, 1990. Amended: Filed Sept. 15, 1994, effective April 30, 1995. Amended: Filed March 21, 2000, effective Oct. 30, 2000. 1990, 1993, 1995 and 444.810, RSMo 1979, amended 1983, 1993, 1995.

**History**
- *authority to determine the manner in which that person or another person conducts a surface coal mining operation;*

##### **10 CSR 40-6.020** General Requirements for Coal Exploration, Permits {#sec-10-csr-40-6.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.020}

PURPOSE: This rule sets forth the requirements for coal exploration permits pursuant to 444.810 and 444.845, RSMo.

(1) Responsibilities.

(A) It is the responsibility of any person conducting or seeking to conduct coal exploration to comply with the requirements of this (B) The commission or director will receive applications for permits to explore, approve or disapprove the applications and issue, condition, suspend, revoke, or enforce permits as required.

(2) Permit Requirements for Exploration Removing Two Hundred Fifty (250) Tons of Coal or Less.

(A) Any person who intends to conduct coal exploration operations during which two hundred fifty (250) tons or less of coal will be removed and which will not substantially disturb the natural land surface, before conducting the exploration, shall file with the director an application to remove two hundred fifty (250) tons or less. This type of permit is intended specifically for drilling operations.

(B) The application shall be submitted on a form provided by the director and shall 1. The name, address, and telephone number of the person seeking to explore;

2. The name, address, and telephone number of the person’s representative who will be present at, and responsible for, conducting the exploration activities;

3. A narrative describing the proposed exploration area or a map at a scale of 1:24,000 or greater showing the proposed area of exploration and the general location of drill holes and trenches, existing and proposed roads, occupied dwellings, topographic features, bodies of surface water, and pipelines;

4. A statement of the period of intended exploration (not to exceed twelve- (12-) consecutive calendar months for a given notice);

5. A description of the method of exploration to be used and the practices that will be followed to protect the environment and to reclaim the area from adverse impacts of the exploration activities in accordance with the applicable requirements of 10 CSR 40- 4.010(3).

(3) Permit requirements for exploration removing more than two hundred fifty (250) tons of coal or where exploration will substantially disturb the natural land surface.

(A) Exploration Permit. Any person who intends to conduct coal exploration during which more than two hundred fifty (250) tons of coal will be removed, or where exploration will substantially disturb the natural land surface or which will take place on lands designated as unsuitable for surface mining under 10 CSR 40-5.020, before conducting the exploration, shall submit an application on a form provided by the director and obtain written approval from the commission.

Exploration permits shall not be approved for more than five thousand (5000) tons, unless otherwise approved by the commission for good cause shown.

(B) Application Information. Each application for an exploration permit shall contain, at a minimum, the following information:

1. The name, address, and telephone number of the applicant;

2. The name, address, and telephone number of the applicant’s representative who will be present at, and responsible for, conducting the exploration activities;

3. A narrative describing the proposed exploration area;

4. A narrative description of the methods and equipment to be used to conduct the exploration and reclamation;

5. An estimated timetable for conducting and completing each phase of the exploration and reclamation;

6. The estimated amount of coal to be removed and a description of the methods to be used to determine the amount;

7. A statement of why extraction of more than two hundred fifty (250) tons of coal is necessary for exploration;

8. A description of— A. The cultural or historical resources listed on the National Register of Historic Places;

B. The cultural or historical resources known to be eligible for listing on the National Register of Historic Places;

C. Known archaeological resources located within the proposed exploration area;

D. Any other information that the director may require regarding known or unknown historic or archaeological resources;

9. A description of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531–1543) identified within the proposed exploration area;

10. A description of the measures to be used to comply with the applicable requirements of 10 CSR 40-4.010(3);

11. The name and address of the owner of record of the surface land and of the subsurface mineral estate of the area to be explored;

12. A map(s) at a scale of 1:24,000 or larger showing the areas of land to be disturbed by the proposed exploration and reclamation. The map shall specifically show existing roads, occupied dwellings, topographic and drainage features, bodies of surface water, and pipelines; proposed locations of trenches, roads, and other access routes and structures to be constructed; the location of proposed land excavations; the location of exploration holes or other drill holes or underground openings; the location of excavated earth or waste material disposal areas; and the location of critical habitats of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531–1543);

13. If the surface is owned by a person other than the applicant, a description of the

basis upon which the applicant claims the right to enter that land for the purpose of conducting exploration and reclamation; and 14. For any lands listed in 10 CSR 40- 5.010(2), a demonstration that, to the extent technologically and economically feasible, the proposed exploration activities have been designed to minimize interference with the values for which those lands were designated as unsuitable for surface coal mining operations. The application must include documentation of consultation with the owner of the feature causing the land to come under the protection of 10 CSR 40-5.010(2), and, when applicable, with the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of 10 CSR 40-5.010(2).

(C) Public Notice and Opportunity to Comment. Public notice of the application and opportunity to comment shall be provided as follows:

1. Within ten (10) days of notification from the director that an application is considered administratively complete, the applicant shall provide public notice in a newspaper of general circulation in the county of the proposed exploration area;

2. The public notice shall state the name and address of the person seeking approval, the filing date of the application, the address of the director where written comments on the application may be submitted, the closing date of the comment period, and a description of the area of exploration; and 3. Any person having an interest which is or may be adversely affected shall have the right to file written comments on the application within thirty (30) days of the newspaper advertisement.

(D) Decisions on Applications for Exploration Removing More Than Two Hundred Fifty (250) Tons of Coal.

1. The commission shall act upon an administratively complete application for a coal exploration permit and any written comments within a reasonable period of time. The approval of a coal exploration permit may be based only on a complete and accurate application.

2. The commission shall approve a complete and accurate application for a coal exploration permit filed in accordance with this rule if it finds, in writing, that the applicant has demonstrated that the exploration and reclamation described in the application will— A. Be conducted in accordance with this rule, 10 CSR 40-4.010, and the applicable provisions of the director or commission;

B. Not jeopardize the continued existence of an endangered or threatened species listed pursuant to Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or result in the destruction or adverse modification of critical habitat of those species;

C. Not adversely affect any cultural or historical resources listed on the National Register of Historic Places, pursuant to the National Historic Preservation Act, (16 U.S.C. Section 470, 1976, Supp. V), unless the proposed exploration has been approved by both the director or commission and the agency with jurisdiction over those matters; and D. With respect to exploration activities on any lands protected under 10 CSR 40- 5.010(2), minimize interference, to the extent technologically and economically feasible, with the values for which those lands were designated as unsuitable for surface coal mining operations. Before making this finding, the commission or director shall provide reasonable opportunity to the owner of the feature causing the land to come under the protection of 10 CSR 40-5.010(2), and, when applicable, to the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of 10 CSR 40-5.010(2), to comment on whether the finding is appropriate.

3. Terms of approval issued by the commission shall contain conditions necessary to ensure that the exploration and reclamation will be conducted in compliance with this

rule, 10 CSR 40-4.010, and any other requirement of the director or commission.

(E) Notice and Hearing.

1. The director or commission shall notify the applicant, the appropriate local government officials, and other commenters on the application, in writing, of the commission’s decision on the application. If the application is disapproved, the notice to the applicant shall include a statement of the reason for disapproval. Public notice of the decision on each application shall be posted by the director or commission at a public office in the vicinity of the proposed exploration operations.

2. Any person having an interest which is or may be adversely affected by a decision of the commission pursuant to paragraph (3)(E)1. of this rule shall have the opportunity for administrative and judicial review as set forth in 10 CSR 40-6.080.

(4) Coal Exploration Compliance Duties.

(A) All coal exploration and reclamation activities that substantially disturb the natural land surface shall be conducted in accordance with the coal exploration requirements of this

rule, 10 CSR 40-4.010, and any exploration permit term or condition imposed by the director or commission.

(B) Any person who conducts any coal exploration in violation of the provisions of 10 CSR 40-4.010, or any exploration permit term or condition imposed by the director or commission shall be subject to the provisions of 10 CSR 40-8.030 and 10 CSR 40-8.040.

(5) Requirements for Commercial Use or Sale. Except as provided in this section, any person who extracts coal for commercial use or sale during coal exploration operations shall obtain a surface coal mining and reclamation operations permit for those operations from the director under 10 CSR 40-6.010 and

##### **10 CSR 40-6.030** through 10 CSR 40-6.120. {#sec-10-csr-40-6.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.030}

No surface coal mining and reclamation operations permit is required if the director or commission makes a prior written determination that the commercial use or sale is to test for coal properties necessary for the development of surface coal mining and reclamation operations for which a permit application is to be submitted at a later time.

The person conducting the exploration shall file an application for such determination with the director or commission. The application shall demonstrate that the coal testing is necessary for the development of a surface coal mining and reclamation operation for which a surface coal mining operations permit application is to be submitted in the near future and that the proposed commercial use or sale of coal extracted during exploration operations is solely for the purpose of testing the coal. The application shall contain the following:

(A) The name of the testing firm and the locations at which the coal will be tested:

(B) If the coal will be sold directly to, or commercially used directly by, the intended end user, a statement from the intended end user or, if the coal is sold indirectly to the intended end user through an agent or broker, a statement from the agent or broker. The statement shall include:

1. The specific reason for the test, including why the coal may be so different from the intended user’s other coal supplies as to require testing;

2. The amount of coal necessary for the test and why a lesser amount is not sufficient;

3. A description of the specific tests that will be conducted;

(C) Evidence that sufficient reserves of coal are available to the person conducting exploration or its principals for future commercial use or sale to the intended end user, or agent or broker of a user identified previously, to demonstrate that the amount of coal to be removed is not the total reserve, but is a sampling of a larger reserve; and (D) An explanation as to why other means of exploration, such as core drilling, are not adequate to determine the quality of the coal, the feasibility of developing a surface coal mining operation, or both.

(6) Public Availability of Information.

(A) Except as provided in subsection (6)(B) of this rule, all information submitted to the director or commission under this section shall be made available for public inspection and copying.

(B) The director or commission shall keep information confidential if the person submitting it requests, in writing at the time of submission, that it be kept confidential and the information concerns trade secrets or is privileged commercial or financial information 6CODE OF STATE REGULATIONS relating to the competitive rights of the persons intending to conduct coal exploration.

(C) Information requested to be held as confidential under subsection (6)(B) shall not be made publicly available until after notice and opportunity to be heard is afforded persons both seeking and opposing disclosure of the information.

(7) Bonding for Coal Exploration Permits.

(A) Permits for exploration where two hundred fifty (250) tons of coal or less will be removed shall be bonded at the rate of five thousand dollars ($5,000) per permit. Bonds shall be of the type allowed in 10 CSR 40- 7.011(6).

(B) Permits for exploration where more than two hundred fifty (250) tons of coal will be removed or where exploration will substantially disturb the natural land surface shall be bonded at a rate sufficient to complete reclamation if the work has to be performed by the commission in the event of forfeiture.

(C) Exploration activities shall not commence until the bond has been accepted in writing by the director.

(8) Bond Release for Coal Exploration Permits. Applications for bond release may be made to the commission when an area qualifies for release. An exploration area shall qualify for bond release when the area is successfully reclaimed in accordance with the approved reclamation plan. Partial bond releases may be approved by the commission as long as the remaining bond is sufficient to complete reclamation if the remaining work has to be performed by the commission in the event of forfeiture.

Feb. 11, 1980. Amended: Filed Nov. 10, 1980, effective Feb. 11, 1981. Rescinded and readopted: Filed Aug. 4, 1987, effective Nov. 23, 1987. Amended: Filed July 3, 1990, effective Nov. 30, 1990. Amended: Filed Sept. 15, 1994, effective April 30, 1995. Amended:

Filed March 21, 2000, effective Oct. 30, 2000. Amended: Filed Dec. 17, 2012, effective July 30, 2013.

##### **10 CSR 40-6.030** Surface Mining Permit Legal, Financial, Compliance, and Related Information for legal, financial, compliance, and related information for surface mining permit applications pursuant to sections 444.810, 444.815, 444.820, 444.825, 444.835, 444.840, and 444.850, RSMo. {#sec-10-csr-40-6.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.030}

(1) Identification of Interests.

(A) Each application shall contain the following information, except that the submission of a Social Security number is voluntary:

1. The permit applicant, including employer identification number;

2. Every legal or equitable owner of record of the property to be mined;

3. The holders of record of any leasehold interest in the property to be mined;

4. Any purchaser of record under a real estate contract of the property to be mined;

5. The operator, if the operator is a person different from the applicant, including employer identification number;

6. The resident agent of the applicant who will accept service of process, including employer identification number; and 7. The person who will pay the abandoned mine land reclamation fee, including his/her telephone number, and, as applicable, Social Security number, and employer identification number.

(B) Each application shall contain a statement of whether the applicant is a corporation, partnership, single proprietorship, association, or other business entity. For businesses other than single proprietorships, the application shall contain the following information, where applicable:

1. Names and addresses of every officer; partner; director; member, or other person performing a function similar to a director of the applicant; person who owns, of record, ten percent (10%) or more of the applicant or operator;

2. Name and address of any person who is a principal shareholder of the applicant;

3. Names under which the applicant, partner, or principal shareholder, and the operator’s partners or principal shareholders operate or previously operated a surface coal mining operation in the United States within the five (5) years preceding the date of application.

(C) For each person who owns or controls the applicant under the definition of owned or controlled and owns or controls in 10 CSR 40-6.010(2)(E), as applicable each application shall contain— 1. The person’s name, address, Social Security number, and employer identification number;

2. The person’s ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure;

3. The title of the person’s position, date position was assumed, and, when submitted under 10 CSR 40-6.070(13)(E), date of departure from the position;

4. Each additional name and identifying number, including employer identification number, federal or state permit number, and the Mine Safety and Health Administration (MSHA) number with date of issuance, under which the person owns or controls, or previously owned or controlled, a surface coal mining and reclamation operation in the United States within the five (5) years preceding the date of the application; and 5. The application number or other identifier of, and the regulatory authority for, any other pending surface coal mining operation permit application filed by the person in any state in the United States.

(D) For any surface coal mining operation owned or controlled by the applicant under the definition of owned or controlled and owns or controls in 10 CSR 40-6.010(2)(E), each application shall contain— 1. Name, address, identifying numbers, including employer identification number, federal or state permit number and the MSHA number, the date of issuance of the MSHA number, and the regulatory authority;

2. Ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure.

(E) Each application shall contain the names and addresses of the owners of record of all surface and subsurface areas contiguous to any part of the proposed permit area.

(F) Each application shall contain the name of the proposed mine and the MSHA identification number for the mine and all sections, if any.

(G) Each application shall contain a statement of all lands, interests in lands, options or pending bids on interests held or made by the applicant for lands which are contiguous to the area to be covered by the permit. If requested by the applicant, any information required by this subsection which is not on public file pursuant to state law shall be held in confidence by the director, as provided under 10 CSR 40-6.070(6)(C)2.

(H) After an applicant is notified that his/her application is approved, but before the permit is issued, the applicant, as applicable, shall update, correct, or indicate that no change has occurred in the information previously submitted under subsections (1)(A)–(D) of this rule.

(I) The applicant shall submit this information required by sections (1) and (2) of this

rule in any prescribed format that is issued by the Office of Surface Mining Reclamation and Enforcement (OSMRE).

(2) Compliance Information. Each application shall contain— (A) A statement of whether the applicant, operator, any subsidiary, affiliate, or entity which the applicant or the applicant’s operator owns or controls or which is under common control with the applicant or the applicant’s operator, has— 1. Had a federal or state surface coal mining permit suspended or revoked in the last five (5) years preceding the date of submission of the application; or 2. Forfeited a mining bond or similar security deposited in lieu of bond;

(B) If any suspension, revocation, or forfeiture has occurred, a statement of the facts involved, including:

1. Identification number and date of issuance of the permit or date and amount of bond or similar security;

2. Identification of the authority that suspended or revoked a permit or forfeited a bond and the stated reasons for that action;

3. The current status of the permit, bond, or similar security involved;

4. The date, location, and type of any administrative or judicial proceedings initiated concerning the suspension, revocation, or forfeiture; and 5. The current status of these proceedings;

(C) A list of all violation notices received by the applicant during the three- (3-) year period preceding the application date, and a list of all unabated cessation orders and unabated violation notices received prior to the date of the application by any surface coal mining and reclamation operation that is deemed or presumed to be owned or controlled by the applicant under the definition of “owned or controlled” and “owns or controls” in 10 CSR 40-6.010(2)(E) of this chapter. For each notice of violation issued pursuant to 10 CSR 40-8.030(7) or under the federal or state program for which the abatement period has not expired, the applicant must certify that such notice of violation is in the process of being corrected to the satisfaction of the agency with jurisdiction over the violation. For each violation notice or cessation order reported, the lists shall include the following information, as applicable:

1. Any identifying numbers for the operation, including the federal or state permit number and MSHA number, the dates of the violation notice and MSHA number, the name of the person to whom the violation notice was issued, and the name of the issuing regulatory

2. Brief description of the violation alleged in the notice;

3. The date, location, and type of any administrative or judicial proceedings initiated concerning the violation, including, but not limited to, proceedings initiated by any person identified in subsection (C) of this

section to obtain administrative or judicial review of the violation;

4. The current status of the proceedings and of the violation notice; and 5. The actions, if any, taken by any person identified in subsection (C) of this section to abate the violation.

(D) After an applicant is notified that his/her application is approved, but before the permit is issued, the applicant, as applicable, shall update, correct, or indicate that no change has occurred in the information previously submitted under this section.

(3) Right of Entry and Operation Information.

(A) Each application shall contain a description of the documents upon which the applicant bases his/her legal right to enter and begin surface mining activities in the permit area and whether that right is the subject of pending litigation. The description shall identify those documents by type and date of execution, identify the specific lands to which the documents pertain and explain the legal rights claimed by the applicant.

(B) Where the private mineral estate to be mined has been severed from the private surface estate, the application shall also provide for lands within the permit area— 1. A copy of the written consent of the surface owner to the extraction of coal by surface mining methods;

2. A copy of the document of conveyance that expressly grants or reserves the right to extract the coal by surface mining methods; or 3. If the conveyance does not expressly grant the right to extract the coal by surface mining methods, documentation that under the state law the applicant has the legal

(C) Nothing in this section shall be construed to afford the commission or director the authority to adjudicate property title disputes.

(4) Relationship to Areas Designated Unsuitable for Mining.

(A) Each application shall contain a statement of available information on whether the proposed permit area is within an area designated unsuitable for surface mining activities under 10 CSR 40-5.020 or under study for designation in an administrative proceeding under that rule.

(B) If an applicant claims the exemption in 10 CSR 40-6.070(8)(D)2., the application shall contain information supporting the applicant’s assertion that it made substantial legal and financial commitments before January 4, 1977, concerning the proposed surface mining activities.

(C) If an applicant proposes to conduct surface mining activities within one hundred feet (100') of the outside right-of-way of a public road or within three hundred feet (300') of an occupied dwelling, the application shall meet the requirements of 10 CSR 40-5.010(5) or (6), respectively.

(5) Permit Term Information.

(A) Each application shall state the anticipated or actual starting and termination date of each phase of the surface mining activities and the anticipated number of acres of land to be affected for each phase of mining and over the total life of the permit.

(B) If the applicant proposes to conduct surface mining activities in excess of five (5) years, the application shall contain the information needed for the showing required under 10 CSR 40-6.070(12)(A).

(6) Personal Injury and Property Damage Insurance Information. Each permit application shall contain a certificate of liability insurance.

(7) Identification of Other Licenses and Permits. Each application shall contain a list of all other licenses and permits needed by the applicant to conduct the proposed surface mining activities. This list shall identify each license and permit by— (A) Type of permit or license;

(B) Name and address of issuing authority;

(C) Identification numbers of applications for those permits or licenses or, if issued, the identification numbers of the permits or licenses; and (D) If a decision has been made, the date of approval or disapproval by each issuing

(8) Identification of Location of Public Office for Filing of Application. Each application shall identify, by name and address, the public office where the applicant will simultaneously file a copy of the application for public inspection under 10 CSR 40-6.070(2)(D).

(9) Newspaper Advertisement and Proof of Publication. A copy of the newspaper advertisement of the application and proof of publication of the advertisement shall be filed 8CODE OF STATE REGULATIONS with the director and made a part of the complete application, not later than four (4) weeks after the last date of publication required under 10 CSR 40-6.070(2)(A).

(10) Access. The written consent, of the applicant and any other persons necessary to grant access, should be given to the commission or the director for the area of land affected under application from the date of application until the expiration of any permit granted under the application and after that for such time as is necessary to assure compliance with all provisions of this law or any corresponding rule.

Feb. 11, 1980. Amended: Filed Jan. 5, 1987, effective July 1, 1987. Amended: Filed July April 30, 1994. Amended: Filed March 21, Amended: Filed July 15, 2013, effective Jan. 30, 2014.

**History**
- *authority, department, or agen cy;*
- *authority to extract the coal by those methods.*
- *authority.*

##### **10 CSR 40-6.040** Surface Mining Permit Information on Environmental Resources for information on environmental resources for surface mining permit applications pursuant to sections 444.810, 444.820, 444.825, 444.835, 444.840, and 444.850, RSMo. {#sec-10-csr-40-6.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.040}

(1) Responsibilities.

(A) It is the responsibility of the applicant to provide, except where specifically exempted in this rule, all information required by this rule in the application.

(B) It is the responsibility of state and federal government agencies to provide information for applications as specifically required by this rule.

(2) General Requirements. Each permit application shall include a description of the existing, premining environmental resources within the proposed mine plan area and adjacent areas that may be affected or impacted by the proposed surface mining activities.

(3) General Environmental Resources Information. Each application shall describe and identify— (A) The size, sequence, and timing of the subareas of the mine plan area for which it is anticipated that individual permits for mining will be requested over the estimated total life of the proposed surface mining activities; and (B) The nature of cultural and historic resources listed or eligible for listing on the National Register of Historic Places and known archaeological features within the proposed mine plan and adjacent areas. The description shall be based on all available information including, but not limited to, data of state and local archaeological, historical, and cultural preservation agencies.

Based on this information, the applicant may recommend to the director appropriate identification, evaluation, or mitigation measures.

The director may require the applicant to identify and evaluate important historic resources and archaeological sites that may be eligible for listing on the National Register of Historic Places through collection of additional information, conduct of field investigation, or other appropriate analyses.

(4) Description of Hydrology and Geology— General Requirements.

(A) Each application shall contain a description of the geology, hydrology, and water quality and quantity of all lands within the proposed mine plan area, the adjacent area, and the general area. The description shall include information on the characteristics of all surface and ground waters within the general area and any water which will flow into or receive discharges of water from the general area. The description shall be prepared according to sections (4)–(8) of this

rule and conform to this section.

(B) Information Provided by the Director.

1. Information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed mine plan area and within the general area shall be provided by the director, to the extent that this data is available from an appropriate federal or state agency.

2. If this information is not available from those agencies, the applicant may gather and submit this information to the director as

part of the permit application.

3. The permit shall not be approved by the commission or director until this information is made available in the application.

(C) The use of modeling techniques may be included as part of the permit application, but the same surface and ground water information may be required for each site as when models are not used.

(5) Geology Description.

(A) The description shall include a general statement of the geology within the proposed mine plan and adjacent areas down to and including the deeper of either the stratum mined or any aquifer to be affected below the lowest coal seam to be mined. The description shall include the areal and structural geology of the permit and adjacent areas and other parameters which influence the required reclamation and the occurrence, availability, movement, quantity, and quality of potentially impacted surface and ground waters. It shall be based on— 1. The cross-sections, maps, and plans required by section (15) of this rule;

2. The information obtained under paragraphs (5)(B)1. and 2. of this rule; and 3. Geologic literature and practices.

(B) Test Borings and Core Samples.

1. Test borings or core samples from the proposed permit area shall be collected and analyzed down to and including the stratum mined, or any aquifer below the lowest coal seam which may be adversely affected, to provide the following data in the description:

A. Location of subsurface water, if encountered;

B. Logs of drill holes showing the lithologic characteristics and thickness of each stratum and each coal seam;

C. Physical properties of each stratum within the overburden;

D. Chemical analysis of each stratum within the overburden and the stratum immediately below the lowest coal seam to be mined to identify, at a minimum, those horizons which contain potential acid-forming, toxic-forming or alkalinity-producing materials; and E. Analyses of the coal seam for acidor toxic-forming materials, including, but not limited to, an analysis of the total sulfur and pyritic sulfur content.

2. If required by the commission or director, test borings or core samplings shall be collected and analyzed to greater depths within the proposed permit area, or for areas outside the proposed permit area to provide for evaluation of the impact of the proposed activities on the hydrologic balance.

3. An applicant may request that the requirement for a statement of the results of the test borings or core samplings be waived by the director. The waiver may be granted only if the director makes a written determination that the statement is unnecessary because other equivalent information is accessible to him/her in a satisfactory form.

(6) Groundwater Information.

(A) The application shall contain a description of the groundwater hydrology for the proposed mine plan and adjacent area, including, at a minimum:

1. The depth below the surface and the horizontal extent of the water table and aquifers;

2. The lithology and thickness of the aquifers;

3. Known uses of the water in the aquifers and water table; and 4. The quality of subsurface water, if encountered.

(B) The application shall also contain information which describes the recharge, storage, and discharge characteristics of aquifers and the quality and quantity of groundwater, in the parameters and in the detail necessary to evaluate these characteristics.

(7) Surface Water Information.

(A) Surface water information shall be described, including the name of the watershed which will receive water discharges, the location of all surface water bodies such as streams, lakes, ponds, and springs, the location of any water discharge into any surface body of water, and descriptions of surface drainage systems sufficient to identify, in detail, the seasonal variations in water quantity and quality within the proposed mine plan and adjacent areas.

(B) Surface water information shall 1. Minimum, maximum, and average discharge conditions which identify critical low flow and peak discharge rates of streams sufficient to identify seasonal variations; and 2. Water quality data to identify the characteristics of surface waters in, discharging into, or which will receive flows from surface or ground water from affected areas within the proposed mine plan area sufficient to identify seasonal variations, showing— A. Total dissolved solids in mil- B. Total suspended solids in mil- C. Acidity;

D. pH in standard units;

E. Total and dissolved iron in mil- F. Total manganese in milligrams per liter; and G. Other information as the director determines is relevant.

(8) Alternative Water Supply Information.

The application shall identify the extent to which the proposed surface mining may proximately result in contamination, diminution, or interruption of any underground or surface source of water within the proposed mine plan or adjacent areas for domestic, agricultural, industrial, or other legitimate use. If contamination, diminution, or interruption may result, then the description shall identify the alternative sources of water supply that could be developed to replace the existing sources.

(9) Climatological Information.

(A) When requested by the director, the application shall contain a statement of the climatological factors that are representative of the proposed mine plan area, including:

1. The average seasonal precipitation;

2. The average direction and velocity of prevailing winds; and 3. Seasonal temperature ranges.

(B) The director may request additional data as deemed necessary to ensure compliance with the requirements of this chapter.

(10) Vegetation Information.

(A) The permit application shall contain a map that delineates existing vegetative types and a description of the plant communities within the proposed permit area and within any proposed reference area. This description shall include information adequate to predict the potential for reestablishing vegetation.

(B) When a map or aerial photograph is required, sufficient adjacent areas shall be included to allow evaluation of vegetation as important habitat for fish and wildlife for those species of fish and wildlife identified under section (11) of this rule.

(11) Fish and Wildlife Resources Information.

(A) The fish and wildlife information required will be consistent with the Endangered Species Act of 1973, (16 U.S.C.

Section 1531); section 444.855.2(17), RSMo; 10 CSR 40-3.040(18); and 10 CSR 40-3.100.

(B) Each application shall include information on fish and wildlife and their habitats within the proposed mine plan area and the portions of the adjacent areas where effects on these resources may reasonably be expected to occur. This information shall be sufficient in detail to design the protection and enhancement plan required in 10 CSR 40- 6.050(7).

(C) The director, in consultation with the Missouri Department of Conservation and the United States Fish and Wildlife Service, shall determine the minimum level of informational detail and specify the areas from which information will be obtained and shall make a determination based on— 1. Published data and the Missouri Natural Features Inventory and other information;

2. Site-specific information obtained by the applicant in accordance with subsection (11)(D) of this rule; and 3. Written guidance obtained from agencies consulted.

(D) Site-specific information obtained by the applicant to satisfy paragraph (11)(C)2. of this rule, at a minimum, shall include the fol- 1. Amount of woodland edge;

2. Extent of food sources, nesting places, and concealment cover;

3. Degree of interspersion of habitat types; and 4. Amount and quality of permanent water sources.

(E) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include at a minimum:

1. Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the secretary under the Endangered Species Act of 1973, as amended, (16 U.S.C. 1531, et seq.) or those species or habitats protected by the state of Missouri as listed in the current publication of Rare and Endangered Species of Missourias determined by the Missouri Department of Conservation;

2. Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or 3. Other species or habitats identified through agency consultation as requiring special protection under state or federal law.

(F) Fish and Wildlife Service. Upon request, the regulatory authority shall provide the resource information required under this

section and the protection and enhancement plan required under this section to the United States Department of the Interior, Fish and Wildlife Service Regional or Field Office, for their review. This information shall be provided within ten (10) days of receipt of the request from the service.

(12) Soil Resources Information.

(A) The applicant shall provide adequate soil survey information of the permit area consisting of the following:

1. A map delineating different soils;

2. Soil identification;

3. Soil description; and 10CODE OF STATE REGULATIONS 4. Present and potential productivity of prime farmland soils.

(B) Where the applicant proposes to use selected overburden materials as a supplement or substitute for topsoil, the application shall provide results of the analyses, trials, and tests required under 10 CSR 40- 3.030(2).

(13) Land Use Information.

(A) The application shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area, including:

1. A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within five (5) years before the anticipated date of beginning the proposed operations, the historic use of the land also shall be described; and 2. A narrative of land capability and productivity, which analyzes the land use description under subsection (13)(A) of this

rule in conjunction with other environmental resources information required under this

rule. The narrative shall provide analysis of— A. The capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover, and the hydrology of the proposed permit area;

B. The productivity of the proposed permit area before mining, expressed as average yield of food, fiber, forage, or wood products from these lands obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the United States Department of Agriculture, state agricultural universities, or appropriate state agencies.

(B) The application shall state whether the proposed mine plan area has been previously mined and, if so, require the following information, if available:

1. The type of mining method used;

2. The coal seams or other mineral strata mined;

3. The extent of coal or other minerals removed;

4. The approximate dates of past mining; and 5. The uses of the land preceding mining.

(C) The application shall contain a description of the existing land uses and land-use classifications under local law, if any, of the proposed mine plan and adjacent areas.

(14) Maps—General Requirements. The permit application shall include maps showing:

(A) All boundaries of lands and names of present owners of record of those lands both surface and subsurface, included in or contiguous to the permit area;

(B) The boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin surface mining activities;

(C) The boundaries of all areas proposed to be affected over the estimated total life of the proposed surface mining activities, with a description of size, sequence, and timing of the mining of subareas for which it is anticipated that additional permits will be sought;

(D) The location of all buildings on and within one thousand feet (1000') of the proposed permit area, with identification of the current use of the buildings;

(E) The location of surface and subsurface man-made features within, passing through, or passing over the proposed permit area, including, but not limited to, major electrical transmission lines, pipelines, and agricultural drainage tile fields;

(F) The location and boundaries of any proposed reference areas for determining the success of revegetation;

(G) The locations of water supply intakes for current users of surface water flowing into, out of, and within a hydrologic area defined by the director and those surface waters which will receive discharges from affected areas in the proposed mine plan (H) Each public road located in or within one hundred feet (100') of the proposed permit area;

(I) The boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing in the National Register of Historic Places and known archaeological sites within the mine plan and adjacent areas;

(J) Each public or private cemetery or Indian burial ground located in or within one hundred feet (100') of the proposed permit (K) Any land within the proposed mine plan area and adjacent area which is within the boundaries of any units of the National System of Trails or the Wild and Scenic Rivers System, including study rivers designated under Section 5(a) of the Wild and Scenic Rivers Act;

(L) All buffer zones as defined at 10 CSR 40-8.010(1)(A); and (M) Other relevant information required by the director.

(15) Cross-Sections, Maps, and Plans. The application shall include cross-sections, maps, and plans showing— (A) Elevations and locations of test boring and core samplings;

(B) Elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality, if required in preparation of the application;

(C) Nature, depth, and thickness of the coal seams to be mined, any coal or rider seams above the seam to be mined, each stratum of the overburden, and the stratum mined;

(D) All coal croplines and the strike and dip of the coal to be mined within the proposed mine plan area;

(E) Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface within the proposed mine plan and adjacent areas;

(F) Location and extent of subsurface water, if encountered, within the proposed mine plan or adjacent areas;

(G) Location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed mine plan and adjacent areas;

(H) Location and extent of existing or previously surface mined areas within the proposed mine plan area;

(I) Location and dimensions of existing areas of spoil, waste, and noncoal waste disposal dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed permit (J) Location and depth, if available, of gas and oil wells within the proposed permit area and water wells in the mine plan area and adjacent area;

(K) Sufficient slope measurements to adequately represent the existing land surface configuration of the proposed permit area, measured and recorded according to the fol- 1. Each measurement shall consist of an angle of inclination along the prevailing slope extending one hundred (100) linear feet above and below or beyond the coal outcrop or the area to be disturbed or, where this is impractical, at locations specified by the director;

2. Where the area has been previously mined, the measurements shall extend at least one hundred feet (100') beyond the limits of mining disturbances, or any other distance determined by the director to be representative of the premining configuration of the land; and 3. Slope measurements shall take into account natural variations in slope to provide accurate representation of the range of natural slopes and reflect geomorphic differences of the area to be disturbed; and (L) Maps, plans, and cross-sections included in a permit application which are required by this section shall be prepared by or under the direction of and certified by a qualified registered professional engineer, or a professional geologist, with assistance from experts in related fields, such as land surveying and landscape architecture, and shall be updated as required by the commission or director.

(16) Prime Farmland Investigation.

(A) Land shall not be considered prime farmland when the applicant can demonstrate one (1) of the following:

1. The land has not been historically used as cropland;

2. The slope of the land is ten percent (10%) or greater;

3. The land is not irrigated or naturally subirrigated, has no developed water supply that is dependable or of adequate quality, and the average annual precipitation is fourteen inches (14") or less;

4. Other factors exist, such as a very rocky surface or the land is frequently flooded during the growing season, more often than once in two (2) years, and the flooding has reduced crop yields; or 5. On the basis of a soil survey of lands within the mine plan area, there are no soil map units that have been designated prime farmland by the United States Natural Resources Conservation Service.

(B) If the investigation establishes that the lands are not prime farmland, the applicant shall submit with the permit application a request for a negative determination which shows that the land for which the negative determination is sought meets one (1) of the criteria of subsection (16)(A) of this rule.

(C) Application Contents—Reconnaissance Inspection.

1. All permit applications, whether or not prime farmland is present, shall include the results of a reconnaissance inspection of the proposed permit area to indicate whether prime farmland exists. The director or commission in consultation with the United States Natural Resources Conservation Service shall determine the nature and extent of the required reconnaissance inspection.

2. If the reconnaissance inspection establishes that prime farmland does exist within the proposed permit area, but that it has not been historically used as cropland, the applicant may submit a request for negative determination.

3. If the reconnaissance inspection indicates that land within the proposed permit area may be prime farmland historically used for croplands, the applicant shall determine if a soil survey exists for those lands and whether soil mapping units in the permit area have been designated as prime farmland. If no soil survey exists, the applicant shall have a soil survey made of the lands within the permit area which the reconnaissance inspection indicates could be prime farmland. Soil surveys of the detail used by the United States Natural Resources Conservation Service for operational conservation planning shall be used to identify and locate prime farmland soils. If the soil survey indicates that prime farmland soils are present within the proposed permit area, 10 CSR 40-6.060(4) shall apply.

Feb. 11, 1980. Amended: Filed Dec. 10, Filed Aug. 4, 1987, effective Nov. 23, 1987.

April 1, 1988. Amended: Filed June 2, 1988, effective Aug. 25, 1988. Amended: Filed March 2, 1989, effective May 15, 1989.

Filed March 21, 2000, effective Oct. 30, 2000. Amended: Filed Dec. 17, 2012, effective July 30, 2013.

##### **10 CSR 40-6.050** Surface Mining Permit Reclamation and Operations Plan for reclamation and operations plans for surface mining permit applications pursuant to sections 444.810, 444.820, and 444.825, PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this {#sec-10-csr-40-6.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.050}

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) Responsibilities. It is the responsibility of— (A) The applicant to provide to the commission and director all of the information required by this rule except where specifically exempted in this rule.

(B) State and federal governmental agencies to provide information to the commission and director where specifically required in this rule.

(2) Operations Plan—General Requirements.

Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed mine plan area, including at a minimum, the following:

(A) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal by tonnage, and the major equipment to be used for all aspects of those operations; and (B) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of these facilities is necessary for postmining land use as specified in 10 CSR 40- 3.130):

1. Dams, embankments, and other impoundments;

2. Overburden and topsoil handling and storage areas and structures;

3. Coal removal, handling, storage, cleaning, and transportation areas and structures;

4. Spoil, coal processing waste and noncoal waste removal, handling, storage, transportation, and disposal areas and structures.

Except for spoil, the narrative should be in accordance with the appropriate section(s) of 10 CSR 40-3.080;

5. Mine facilities; and 6. Water and air pollution control facilities.

(3) Operations Plan—Existing Structures.

(A) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the surface coal mining and reclamation operation. The description shall 1. Location;

2. Plans of the structure which describe its current condition;

3. Approximate dates on which construction of the existing structure was begun and completed; and 4. A showing, including relevant monitoring data or other evidence, whether the structure meets the performance standards of 12CODE OF STATE REGULATIONS

##### **10 CSR 40-3** and 10 CSR 40-4, or if the structure does not meet the performance standards of 10 CSR 40-3 and 10 CSR 40-4, a showing whether the structure meets the performance standards of 10 CSR 40-2. {#sec-10-csr-40-3 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3}

(B) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the surface coal mining and reclamation operation. The compliance plan shall include:

1. Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of

##### **10 CSR 40-3** and 10 CSR 40-4; {#sec-10-csr-40-3 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3}

2. A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;

3. Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of 10 CSR 40-3 and 10 CSR 40-4 are met; and 4. A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

(4) Operations Plan—Blasting.

(A) Blasting Plan. Each permit application shall contain a blasting plan for the proposed permit area, explaining how the applicant will comply with the requirements of 10 CSR 40-3.050(1)–(6). This plan shall include, at a minimum, information setting forth the limitations the operator will meet with regard to ground vibration and air blast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations.

(B) Monitoring System. Each application shall contain a description of any system to be used to monitor compliance with the standards of 10 CSR 40-3.050(5), including the type, capability, and sensitivity of any blast monitoring equipment and proposed procedures and locations of monitoring.

(C) Blasting Near Underground Mines.

Blasting operations within five hundred feet (500') of active underground mines require approval of the state and federal regulatory authorities concerned with the health and safety of underground miners.

(5) Operations Plan—Maps and Plans. Each application shall contain maps and plans of the proposed mine plan and adjacent areas as follows:

(A) The maps and plans shall show the lands proposed to be affected throughout the operation and any change in a facility or feature to be caused by the proposed operations, if the facility or feature was shown under 10 CSR 40-6.040(14) and (15);

(B) The following shall be shown for the proposed permit area unless specifically required for the mine plan area or adjacent area by the requirements of this section:

1. Buildings, utility corridors, and facilities to be used;

2. The area of land to be affected within the proposed mine plan area according to the sequence of mining and reclamation;

3. Each area of land for which a performance bond will be posted under 10 CSR 40- 7;

4. Each coal storage, cleaning, and loading area;

5. Each topsoil, spoil, coal waste, and noncoal waste storage area. Except for topsoil and spoil, the narrative should be in accordance with the appropriate section(s) of 10 CSR 40-3.080;

6. Each water diversion, collection, conveyance, treatment storage, and discharge facility to be used;

7. Each air pollution collection and control facility;

8. Each source of waste and each waste disposal facility relating to coal processing or pollution control in accordance with 10 CSR 40-3.080(1)–(6);

9. Each facility to be used to protect and enhance fish and wildlife and related environmental values;

10. Each explosive storage and handling facility; and 11. Location of each siltation structure, permanent water impoundment, coal processing waste bank and coal processing waste dam and embankment in accordance with

section (11), and fill area for the disposal of excess spoil in accordance with section (16).

(C) Maps, plans, and cross-sections required under paragraphs (5)(B)4., 5., 6., 10., and 11. of this rule shall be prepared by or under the direction of and certified by a qualified registered professional engineer, with assistance from experts in related fields such as land surveying and landscape architecture except that— 1. Maps, plans, and cross-sections for siltation structures may only be prepared by a qualified registered professional engineer;

2. Spoil disposal facilities, maps, plans, and cross-sections may only be prepared by a qualified registered engineer.

(6) Air Pollution Control Plan. The application shall contain an air pollution control plan which includes the following:

(A) An air quality monitoring program, if required for approval, to provide sufficient data to evaluate the effectiveness of the fugitive dust control practices under subsection (6)(B) of this rule to comply with applicable federal and state air quality standards; and (B) A plan for fugitive dust control practices, as required under 10 CSR 40-3.090.

(7) Fish and Wildlife Plan.

(A) The fish and wildlife plan requirements shall be consistent with the Endangered Species Act of 1973, as amended (16 U.S.C. Section 1531, et seq.); section 444.855.2(17), RSMo; 10 CSR 40- 3.040(18); and 10 CSR 40-3.100.

(B) Each application shall contain a fish and wildlife plan which provides— 1. A statement of how, to the extent possible using the best technology currently available, the plan will minimize disturbances and adverse impacts on fish and wildlife and related environmental values during surface coal mining and reclamation operations and how enhancement of these resources will be achieved, where practicable. The plan shall be consistent with the requirements of 10 CSR 40-3.100; cover the mine plan area and portions of adjacent areas as determined by the director pursuant to 10 CSR 40- 6.040(11); and 2. If the applicant states that it will not be practicable, in accordance with paragraph (7)(B)1. of this rule, to achieve a condition which clearly shows a trend toward enhancement of fish and wildlife resources at the time revegetation has been successfully completed under 10 CSR 40-3.120, a statement shall be provided which establishes, to the satisfaction of the director, why it is not practicable to achieve this condition.

(C) A statement must be included in the fish and wildlife plan explaining how the applicant will utilize impact control measures, management techniques, and monitoring methods to protect or enhance the following, if they are to be affected by the proposed activities:

1. Listed or proposed threatened or endangered species of plants or animals listed by the secretary under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531, et seq.) and their critical habitats;

2. Species such as eagles, migratory birds, or other animals protected by state or federal law, and their habitats, or other species identified through the consultation process pursuant to 10 CSR 40-6.040(11); or 3. Habitats of unusually high value for fish and wildlife, such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, reproduction and nursery areas and wintering areas, and including those sites listed as having significance in the Missouri Natural Features Inventory.

(D) Each fish and wildlife plan shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable. This description shall— 1. Be consistent with the requirements of this section and 10 CSR 40-3.100;

2. Apply, at a minimum, to species and habitats identified under subsection (7)(C);

3. Include— A. Protective measures that will be used during the active mining phase of operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, species and habitats, and the monitoring of surface water quality and quantity; and B. Enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the replacement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

(8) Reclamation Plan—General Requirements.

(A) Each application shall contain a plan for reclamation of the lands within the proposed permit area, showing how the applicant will comply with section 444.855, RSMo, 10 CSR 40-3 and 10 CSR 40-4, and the environmental protection performance standards of the regulatory program. The plan shall include, at a minimum, all information required under sections (8)–(17).

(B) Each plan shall contain the following information for the proposed permit area:

1. A detailed timetable for the completion of each major step in the reclamation plan;

2. A detailed estimate of the cost of reclamation of the proposed operations required to be covered by a performance bond under 10 CSR 40-7 with supporting calculations for the estimates;

3. A plan for backfilling, soil stabilization, compacting, and grading, with contour maps or cross-sections that show the anticipated final surface configuration of the proposed permit area in accordance with 10 CSR 40-3.110(1)–(6);

4. A plan for removal, storage, and redistribution of topsoil, subsoil, and other material to meet the requirements of 10 CSR 40-3.030(1)–(5);

5. A plan for revegetation as required in 10 CSR 40-3.120(1)–(7), including, but not limited to, descriptions of the:

A. Schedule of revegetation;

B. Species and amounts per acre of seeds and seedlings to be used;

C. Methods to be used in planting and seeding;

D. Mulching techniques;

E. Irrigation, if appropriate and pest and disease control measures, if any;

F. Measures proposed to be used to determine the success of revegetation as required in 10 CSR 40-3.120(6), including a plan for revegetation and liability release as required in 10 CSR 40-3.120(1)–(7) and also including, but not limited to:

(I) A map showing locations of proposed test plots and reference areas on a scale not less than one inch equals five hundred feet (1"=500');

(II) A map delineating the area which will be proposed for release based on the outcome of the test plots;

(III) A statement indicating when mining occurred at the area proposed for release;

(IV) Documentation that the reference areas chosen are representative of the soils in the permit area before mining and that test plots chosen are representative of the reconstructed soils in the permit area;

(V) A statement indicating which crop(s) will be used to prove success of revegetation, what harvesting method will be employed to gather the necessary data and what statistics will be employed to assure random sampling if harvesting will be done from a portion of the test plots and reference areas;

(VI) A statement that plots will be treated equally with regard to seeding dates, fertilization for the same yield goal, herbicide use, tillage type and frequency, row spacing, planting rates, and harvest dates;

(VII) How the plots will be marked in the field;

(VIII) If the land to be used for plots is not under company control, a statement from the company granting the commission the right of entry must be included;

(IX) An account of the method to be used to randomly choose the plots;

(X) A soil testing plan that includes, at a minimum, tests for pH, nitrogen, phosphorus, potassium, calcium, magnesium, sulfur, and lime requirement; and (XI) A plan discussing how the vegetation on the affected area will be maintained until Phase III release is approved;

G. A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation; and H. Nutrient and soil amendment plans;

6. A description of the measures to be used to maximize the use and conservation of the coal resources;

7. A description of measures to be employed to ensure that all debris, acid- and toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with 10 CSR 40-3.080(8) and 10 CSR 40-3.110(3) and a description of the contingency plans which have been developed to preclude sustained combustion of materials;

8. A description, including appropriate cross-sections and maps of the measures to be used to seal or manage mine openings and to plug, case, or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area, in accordance with 10 CSR 40-3.020(1)–(3); and 9. A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. Section 7401) and Clean Water Act (33 U.S.C. Section 1251) and other applicable air and water quality laws and regulations and health and safety standards.

(9) Reclamation Plan—Protection of Hydrologic Balance.

(A) Sampling and Analysis. All water quality analyses performed to meet the requirements of this section shall be conducted according to the methodology in the Standard Methods for the Examination of Water and Wastewater22nd Edition 2012, published by American Public Health Association, 800 I Street, NW, Washington, DC 20001, which is incorporated by reference, or the methodology in 40 CFR Parts 136 and 434. This subsection does not incorporate any later amendments or additions. Water quality sampling performed to meet the requirements of this section shall be conducted according to either methodology listed previously when feasible.

(B) Each plan shall contain a detailed description, with appropriate maps and cross-

section drawings of the measures to be taken during and after the proposed surface mining activities in accordance with 10 CSR 40-3 to ensure the protection of— 14CODE OF STATE REGULATIONS 1. The quality of surface and ground water systems, both within the proposed mine plan and adjacent areas, from the adverse effects of the proposed surface mining activities;

2. The rights of present users of surface and ground water; and 3. The quantity of surface and ground water both within the proposed mine plan area and adjacent area from adverse effects of the proposed surface mining activities or to provide alternative sources of water in accordance with 10 CSR 40-6.040(8) and 10 CSR 40-3.040(14), where the protection of quantity cannot be ensured.

(C) The description shall include:

1. A plan for the control, in accordance with 10 CSR 40-3, of surface and ground water drainage into, through, and out of the proposed mine plan area; and 2. A plan for the treatment, where required under 10 CSR 40-3 and 10 CSR 40- 4 and the regulatory program, of surface and ground water drainage from the area to be disturbed by the proposed activities and proposed quantitative limits on pollutants in discharges subject to 10 CSR 40-3.040(2), according to the more stringent of the following:

A. 10 CSR 40-3 and 10 CSR 40-4 and the regulatory program; or B. Other applicable state and federal laws;

3. A plan for the restoration of the approximate recharge capacity of the mine plan area in accordance with 10 CSR 40- 3.040(12);

4. A plan for the collection, recording, and reporting of ground and surface water quality and quantity data, according to 10 CSR 40-3.040(13); and 5. If the determination of the probable hydrologic consequences (PHC) required by subsection (9)(D) of this rule indicates that adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-or toxic-forming material is present that may result in the contamination of ground or surface water supplies, then information supplemental to that required under 10 CSR 40-6.040(6) and (7), shall be provided to evaluate this PHC and to plan remedial and reclamation activities. This supplemental information may be based upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata, flood flows, or analysis of other water quality or quantity characteristics.

(D) The description shall include a determination of the probable hydrologic consequences of the proposed surface mining activities, on the proposed mine plan area and adjacent area, with respect to the hydrologic regime and the quantity and quality of water in surface and ground water systems under all seasonal conditions, including the contents of dissolved and total suspended solids, total iron, pH, total manganese, and any other parameters required by the director.

1. The PHC determination shall be based on baseline hydrologic, geologic, and other information collected for the permit application and may include data statistically representative of the site.

2. The PHC determination shall include findings on:

A. Whether adverse impacts may occur to the hydrologic balance;

B. Whether acid- or toxic-forming materials are present that could result in the contamination of surface or ground water supplies;

C. Whether the proposed operation may approximately result in contamination, diminution, or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose;

D. What impact the proposed operation will have on— (I) Sediment yield from the disturbed area;

(II) Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact;

(III) Flooding or stream flow alteration;

(IV) Ground and surface water availability; and (V) Other characteristics as required by the regulatory authority.

3. An application for a permit revision shall be reviewed by the regulatory authority to determine whether a new or updated PHC determination shall be required.

(E) Cumulative Hydrologic Impact Assessment.

1. The director shall provide an assessment of the probable cumulative hydrologic impacts (CHIA) of the proposed operation and all anticipated mining upon surface and ground water systems in the cumulative impact area. The CHIA shall be sufficient to determine, for purposes of permit approval, whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.

The director may allow the applicant to submit data and analyses relevant to the CHIA with the permit application.

2. An application for a permit revision shall be reviewed by the director to determine whether a new or updated CHIA shall be required.

(10) Reclamation Plan—Postmining Land Uses.

(A) Each plan shall contain a detailed description of the proposed use following reclamation of the land within the proposed permit area, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses and the relationship of the proposed use to existing land use policies and plans. This description shall explain— 1. How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use;

2. Where range or grazing is the proposed postmining use, the detailed management plans to be implemented;

3. Where a land use different from the pre-mining land use is proposed, all materials needed for approval of the alternative use under 10 CSR 40-3.130; and 4. The consideration which has been given to making all the proposed surface mining activities consistent with surface owner plans and applicable state and local land use plans and programs.

(B) The description shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the state and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation.

(11) Reclamation Plan—Ponds, Impoundments, Banks, Dams, and Embankments.

(A) General. Each application shall include a general plan and a detailed plan for each proposed siltation structure, water impoundment, and coal processing waste bank, dam, or embankment within the proposed mine plan area.

1. Each general plan shall— A. Be prepared by, or under the direcprofessional engineer with assistance from experts in related fields such as land surveying and landscape architecture;

B. Contain a description, map, and cross-section of the structure and its location;

C. Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure;

D. Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred;

E. Contain a certification statement which includes a schedule setting forth the dates that any detailed design plans for structures that are not submitted with the general plan will be submitted to the director. The commission or director shall have approved, in writing, the detailed design plan for a structure before construction of the structure begins; and F. Contain the calculated theoretical detention time and all supporting documentation and drawings used to establish the required detention times under 10 CSR 40-3.040(6)(C)1. and 3.

2. Impoundments meeting the Class B or C criteria for dams in TR-60, which is incorporated by reference, shall comply with the requirements of this section for structures that meet or exceed the size or other criteria of the Mine Safety and Health Administration (MSHA). Each detailed design plan for a structure that meets or exceeds the size or other criteria of the MSHA, 30 CFR 77.216(a), shall— A. Be prepared by, or under the direcprofessional engineer with assistance from experts in related fields such as geology, land surveying, and landscape architecture;

B. Include any geotechnical investigation, design, and construction requirements for the structure;

C. Describe the operation and maintenance requirements for each structure; and D. Describe the timetable and plans to remove each structure, if appropriate.

3. Each detailed design plan for a structure that does not meet the size or other criteria of 10 CSR 40-6.050(11)(A)2. shall— A. Be prepared by, or under the direcprofessional engineer and all coal processing waste dams and embankments covered by 10 CSR 40-3.080(9)–(11) shall be certified by a qualified registered professional engineer;

B. Include any design and construction requirements for the structure, including any required geotechnical information;

C. Describe the operation and maintenance requirements for each structure; and D. Describe the timetable and plans to remove each structure, if appropriate.

(B) Siltation Structures. Siltation structures, whether temporary or permanent, shall be designed in compliance with the requirements of 10 CSR 40-3.040(6). Any siltation structure or earthen structure which will remain on the proposed mine plan area as a permanent water impoundment shall also be designed to comply with the requirements of 10 CSR 40-3.040(10). Each plan, at a minimum, shall comply with the requirements of the MSHA, 30 CFR 77.216-1, and 30 CFR 77.216-2.

(C) Permanent and Temporary Impoundments. Permanent and temporary impoundments shall be designed to comply with the requirements of 10 CSR 40-3.040(10). Each plan for an impoundment meeting the size or other criteria of the Mine Safety and Health Administration shall comply with the requirements of 30 CFR 77.216-1 and 30 CFR 77.216-2. The plan required to be submitted to the district manager of MSHA under 30 CFR 77.216 shall be submitted to the director as part of the permit application in accordance with subsection (11)(A).

(D) Coal Processing Waste Banks. Coal processing waste banks shall be designed to comply with the requirements of 10 CSR 40- 3.080(1)–(4).

(E) Coal Processing Waste Dams and Embankments. Coal processing waste dams and embankments shall be designed to comply with the requirements of 10 CSR 40- 3.080(9)–(11). Each plan shall comply with the requirements of the MSHA, 30 CFR 77.216-1, and 30 CFR 77.216-2 and shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer or engineering geologist, according to the following:

1. The number, location, and depth of borings and test pits shall be determined using current prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;

2. The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered;

3. All springs, seepage, and groundwater flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan;

4. Consideration shall be given to the possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.

(F) If the structure meets the Class B or C criteria for dams in TR-60, or meets the size or other criteria of 30 CFR 77.216(a), each plan under subsections (11)(B), (C), and (E) of this rule shall include a stability analysis of each structure. The stability analysis shall include, but not be limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

(12) Reclamation Plan—Surface Mining Near Underground Mining. For surface mining activities within the proposed permit area to be conducted within five hundred feet (500') of an underground mine, the application shall describe the measures to be used to comply with 10 CSR 40-3.070.

(13) Diversions. Each application shall contain descriptions, including maps and crosssections of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with 10 CSR 40-3.040(3) and (4).

(14) Protection of Public Parks and Historic Places.

(A) For any public parks or historic places that may be adversely affected by the proposed operations, each plan shall describe the measures to be used to minimize or prevent these impacts and obtain approval as required in 10 CSR 40-5.010(3)(F).

(B) For any public parks or any places listed on the National Register of Historic Places that may be adversely affected by the proposed operation, each plan shall describe the measure to be used to prevent impacts, or if valid existing rights exist, as determined under 10 CSR 40-5.010(7), or joint agency approval is to be obtained under 10 CSR 40- 5.010(8)(D), to minimize adverse impacts.

(C) The director may require the applicant or operator to protect historic or archaeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures prior to the commencement of any specific mining operation which would affect these properties.

(15) Relocation or Use of Public Roads. Each application shall describe, with appropriate maps and cross-sections, the measures to be used to ensure that the interests of the public and affected landowners are protected if, under 10 CSR 40-5.010(5)(B), the applicant seeks to have the commission or director approve— (A) Conducting the proposed surface mining activities within one hundred feet (100') of the right-of-way line of any public road, 16CODE OF STATE REGULATIONS except where mine access or haul roads join that right-of-way; or (B) Relocating a public road.

(16) Disposal of Excess Spoil.

(A) Each application shall contain descriptions, including appropriate maps and cross-

section drawings, of the proposed disposal site and design of the spoil disposal structures according to 10 CSR 40-3.060(1)–(4). These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.

(B) Each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the following:

1. The character of bedrock and any adverse geologic conditions in the disposal 2. A survey identifying all springs, seepage, and groundwater flow observed or anticipated during wet periods in the area of the disposal site;

3. A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations;

4. A technical description of the rock materials to be utilized in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket; and 5. A stability analysis including, but not limited to, strength parameters, pore pressures, and long-term seepage conditions.

These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

(C) If, under 10 CSR 40-3.060(1)(I), rocktoe buttresses or key way cuts are required, the applicant shall include the following:

1. The number, location, and depth of borings or test pits which shall be determined with respect to the size of the spoil disposal structure and subsurface conditions; and 2. Engineering specifications utilized to design the rock-toe buttress or key way cuts which shall be determined in accordance with paragraph (16)(B)5. of this rule.

(17) Transportation Facilities.

(A) Each application shall contain a detailed description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area.

The description shall include a map, appropriate cross-sections, and the following:

1. Design drawings and specifications for each road width, road gradient, road surface, road cut, fill embankment, culvert, bridge, drainage ditch, low water crossings, and drainage structure;

2. A report of appropriate geotechnical analysis, where approval of the commission or director is required for alternative specifications or for steep cut slopes under 10 CSR 40- 3.140(1)(D), (3)(C), (8)(D), or (10)(C) or 10 CSR 40-3.290(3)(C), (8)(D), or (10)(C);

3. A description of measures to be taken to obtain approval for alteration or relocation of a natural drainageway under 10 CSR 40- 3.140(4)(D), (11)(D), or (18)(C) or 10 CSR 40-3.290 (4)(D), (11)(D), or (18)(C);

4. A description of measures, other than use of a rock headwall, to be taken to protect the inlet end of a ditch relief culvert, for approval under 10 CSR 40-3.140(2)(C), (9)(C), or (16)(C) and 10 CSR 40- 3.290(2)(C), (9)(C), or (16)(C);

5. A general description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed mine plan area shall be contained in each plan;

6. The drawings and specifications of each proposed road that is located in the channel of an intermittent or perennial stream as necessary for approval of the road in accordance with 10 CSR 40-3.140(2)(B), (9)(B), and (16)(B) and 10 CSR 40- 3.290(2)(B), (9)(B), and (16)(B);

7. Drawings and specifications for each low water crossing of perennial or intermittent stream channels indicating that the protection of the stream is maximized by the low water crossings being designed, constructed, and maintained to prevent erosion of the structure or stream bed and additional contributions of suspended solids to stream flow;

8. The drawings and specifications for each proposed ford of perennial or intermittent streams that are used as a temporary route, as necessary for approval of the ford by the regulatory authority in accordance with 10 CSR 40-3.140(4)(A) or (11)(A); and 9. Descriptions of the plans to remove and reclaim each road that would not be retained under an approved postmining land use and the schedule for this removal and reclamation.

(B) Class I and II Road Certification. The plans and drawings for each Class I and II road shall be prepared by, or under the direcprofessional engineer, experienced in the design and construction of roads, as meeting the requirements of this chapter; current, prudent engineering practices; and any design criteria established by the regulatory authority.

(18) Support Facilities. Each applicant for a surface coal mining and reclamation permit shall submit a description, plans, and drawings for each support facility to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall include a map, appropriate cross-sections, design drawings, and specifications sufficient to demonstrate compliance with 10 CSR 40- 3.140(23) for each facility.

Feb. 11, 1980. Amended: Filed April 14, 1980, effective Aug. 11, 1980. Amended:

Filed Dec. 10, 1980, effective April 11, 1981.

Amended: Filed Jan. 5, 1987, effective July 1, 1987. Amended: Filed Dec. 15, 1987, effective April 1, 1988. Amended: Filed Jan. 4, 1989, effective April 1, 1989. Amended:

Filed March 2, 1989, effective May 15, 1989.

Filed Sept. 15, 1994, effective April 30, 1995. Amended: Filed March 21, 2000, effective Oct. 30, 2000. Amended: Filed Dec. 17, 2012, effective July 30, 2013.

##### **10 CSR 40-6.060** Requirements for Permits for Special Categories of Surface Coal Mining and Reclamation Operations for permits for special categories of surface coal mining and reclamation operations pursuant to sections 444.810, 444.815, 444.820, 444.825, 444.835, 444.840, and 444.850, PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this {#sec-10-csr-40-6.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.060}

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) Experimental Practices Mining.

(A) Subsections (1)(B)–(I) of this rule apply to any person who conducts or intends to conduct surface coal mining and reclamation operations under a permit authorizing the use of alternative mining practices on an experimental basis if the practices require a variance from the environmental protection performance standards of 10 CSR 40-3 and

##### **10 CSR 40-4** and the regulatory program. {#sec-10-csr-40-4 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-4}

(B) The purpose of this section is to provide requirements for the permitting of surthat encourage advances in mining and reclamation practices or allow postmining land use for industrial, commercial, residential, or public use (including recreational facilities) on an experimental basis.

(C) Experimental practice as used in this

section means the use of alternative surface coal mining and reclamation operations practices for experimental or research purposes.

Experimental practices need not comply with specific environmental protection performance standards of 10 CSR 40-3 and 10 CSR 40-4 or the regulatory program, if approved pursuant to this section.

(D) No person shall engage in or maintain any experimental practice, unless that practice is first approved in a permit.

(E) Each person who desires to conduct an experimental practice shall include this practice in the permit application. The experimental practice application shall also be sent to the director of the office. The permit application shall contain appropriate descriptions, maps, data, and plans which show— 1. The nature of the experimental practice;

2. How use of the experimental practice— A. Encourages advances in mining and reclamation technology; or B. Allows a postmining land use for industrial, commercial, residential, or public use (including recreational facilities) on an experimental basis, when the results are not otherwise attainable under the approved regulatory program;

3. That the mining and reclamation operations proposed for using an experimental practice are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practice;

4. That the experimental practice— A. Is potentially more or at least as environmentally protective, during and after the proposed mining and reclamation operations, as those required under 10 CSR 40-3 and 10 CSR 40-4 and the regulatory program; and B. Will not reduce the protection afforded public health and safety below that provided by the requirements of 10 CSR 40- 3 and 10 CSR 40-4 and the regulatory program; and 5. That the applicant will conduct special monitoring with respect to the experimental practice during and after the operations involved. The monitoring program shall— A. Ensure the collection and analysis of sufficient and reliable data to enable adequate comparisons to be made with other suremploying similar experimental practices;

B. Include requirements designed to identify, as soon as possible, potential risks to the environment and public health and safety from the use of the experimental practice.

(F) Each application shall set forth the environmental protection performance standards of 10 CSR 40-3 and 10 CSR 40-4 which will be implemented in the event the objective of the experimental practice is a failure.

(G) All experimental practices shall be specifically identified through newspaper advertisements by the applicant and the written notifications required under 10 CSR 40- 6.070(2).

(H) No permit authorizing an experimental practice shall be issued, unless it is found, in writing, upon the basis of both a complete application filed in accordance with the requirements of this section and the comments of the office that— 1. The experimental practice meets all of the requirements of paragraphs (1)(E)2.— 5. of this rule;

2. The experimental practice is based on a clearly defined set of objectives which can reasonably be expected to be achieved;

3. The experimental practice has been specifically approved, in writing, by the director of the office based on the findings of the director of the office that all of the requirements of paragraphs (1)(E)1.–5. of this rule will be met; and 4. The permit contains conditions which specifically— A. Limit the experimental practice authorized to that granted by the commission or director and the director of the office;

B. Impose enforceable alternative environmental protection requirements; and C. Require the person to conduct the periodic monitoring, recording, and reporting program set forth in the application, with additional requirements as the commission or director or the director of the office may require.

(I) Each permit which authorizes the use of an experimental practice will be reviewed in its entirety at least every three (3) years by the director, or at least once prior to the middle of the permit term, with a report filed with the commission. After review, the director, with the consent of the director of the office, shall require by order, supported by written findings, any reasonable revision or modification of the permit provisions necessary to ensure that the operations involved are conducted to protect fully the environment and public health and safety. Any person who is or may be adversely affected by the order shall be provided with an opportunity for a hearing in accordance with 10 CSR 40- 6.080.

(J) Variances from the special environmental protection performance standards applicable to prime farmlands shall be approved only after consultation with the United States Department of Agriculture Natural Resources Conservation Service.

(K) Revisions or modifications to an experimental practice shall be processed in accordance with the requirements of this chapter and approved by the commission. Any revisions which propose significant alterations in the experimental practice, at a minimum, shall be subject to notice, hearing, and public participation requirements of this chapter and concurrence by the commission. Revisions that do not propose significant alterations in the experimental practice shall not require concurrence by the commission.

(2) Steep Slope Mining.

(A) This section applies to any person who conducts or intends to conduct steep slope tions except— 1. Where an operator proposes to conduct surface coal mining and reclamation operations on flat or gently rolling terrain, leaving a plain or predominantly flat area, but on which an occasional steep slope is encountered as the mining operation proceeds; and 2. To the extent that a person obtains a permit incorporating a variance under section (3) of this rule.

(B) Any application for a permit for surcovered by this section shall contain sufficient information to establish that the operations will be conducted in accordance with the requirements of 10 CSR 40-4.040.

(C) No permit shall be issued for any operations covered by this section unless it is found in writing that in addition to meeting all other requirements of this chapter the operation will be conducted in accordance with the requirements of 10 CSR 40-4.040.

(3) Permits Incorporating Variances From Approximate Original Contour Restoration Requirements for Steep Slope Mining.

18CODE OF STATE REGULATIONS

(A) This section applies to nonmountaintop removal, steep slope surface coal mining, and reclamation operations where the operation is not to be reclaimed to achieve the approximate original contour required by 10 CSR 40-3.110(1)–(6) or 10 CSR 40-6.260.

(B) The objective of this section is to allow for a variance from approximate original contour restoration requirements on steep slopes for surface coal mining and reclamation operations to— 1. Improve watershed control of lands within the permit area and on adjacent lands;

2. Make land within the permit area, after reclamation, suitable for an industrial, commercial, residential, or public use, including recreational facilities.

(C) A permit for surface mining activities incorporating a variance from the requirement for restoration of the affected lands to their approximate original contour may be issued only if it is first found, in writing, on the basis of a complete application, that all of the following requirements are met:

1. The applicant has demonstrated that the purpose of the variance is to make the lands to be affected within the permit area suitable for an industrial, commercial, residential, or public use postmining land use;

2. The proposed use, after consultation with the appropriate land-use planning agencies, if any, constitutes an equal or better economic or public use;

3. The applicant has demonstrated compliance with the requirements for acceptable alternative postmining land uses of 10 CSR 40-3.130 or 10 CSR 40-3.300;

4. The applicant has demonstrated that the watershed of lands within the proposed permit area and adjacent areas will be improved by the operations. The watershed will only be deemed improved if— A. There will be a reduction in the amount of total suspended solids or other pollutants discharged to ground or surface waters from the permit area as compared to discharges prior to mining, so as to improve public or private uses or the ecology of these waters; or there will be reduced flood hazards within the watershed containing the permit area by reduction of the peak flow discharges from precipitation events or thaws;

B. The total volume of flows from the proposed permit area, during every season of the year, will not vary in a way that adversely affects the ecology of any surface water or any existing or planned use of surface or ground water; and C. The Clean Water Commission approves the plan;

5. The applicant has demonstrated that the owner of the surface of the lands within the permit area has knowingly requested, in writing, as part of the application, that a variance be granted. The request shall be made separately from any surface owner consent given for the operations under 10 CSR 40- 6.030(3) and shall show an understanding that the variance could not be granted without the surface owner’s request;

6. The applicant has demonstrated that the proposed operations will be conducted in compliance with the requirements of 10 CSR 40-4.040(3); and 7. All other requirements of the regulatory program will be met by the proposed operations.

(D) If a variance is granted under this section— 1. The requirements of 10 CSR 40- 4.040(3) shall be made a specific condition of the permit; and 2. The permit shall be specifically marked as containing a variance from approximate original contour.

(E) Any permits incorporating a variance issued under this section shall be reviewed by the director to evaluate the progress and development of the mining activities, to establish that the operator is proceeding in accordance with the terms of the variance— 1. Within the sixth month preceding the third year from the date of its issuance;

2. Before each permit renewal; and 3. Not later than the middle of each permit term.

(F) If the permittee demonstrates to the director at any of the times specified in sub-

section (3)(E) of this rule that the operations involved have been and continue to be conducted in compliance with the terms and conditions of the permit and the regulatory program, the review required at that time need not be held.

(G) The terms and conditions of a permit incorporating a variance under this section may be modified at any time if it is determined that more stringent measures are necessary to ensure that the operations involved are conducted in compliance with the regulatory program.

(4) Prime Farmlands.

(A) For purposes of this section— 1. Renewal of a permit shall mean a decision by the regulatory authority to extend the time by which the permittee may complete mining within the boundaries of the original permit and revision of the permit shall mean a decision by the regulatory

2. A pit shall be deemed to be a single continuous mining pit even if portions of the pit are crossed by a road, pipeline, railroad, or powerline or similar crossing; and 3. A single continuous surface coal mining operation is presumed to consist only of a single continuous mining pit under a permit issued prior to August 3, 1977, but may include noncontiguous parcels if the operator can prove by clear and convincing evidence that, prior to August 3, 1977, the noncontiguous parcels were part of a single permitted operation. For the purposes of paragraph (4)(A)3., clear and convincing evidence includes, but is not limited to, contracts, leases, deeds, or other properly executed legal documents (not including options) that specifically treat physically separate parcels as one (1) surface coal mining operation.

(B) Scope. This section applies to any person who conducts or intends to conduct suron prime farmlands historically used for cropland. Nothing in this section shall apply to any permit issued prior to August 3, 1977, any revisions or renewals of the permit, or any continuous and existing strip mining operation for which a permit was issued prior to August 3, 1977. To meet the criteria of a continuous and existing operation, the applicant must submit the following to the director for review:

1. Proof that a definite contract for the coal field, which they intend to mine, existed on August 3, 1977;

2. Proof that the permittee had a legal right to mine the lands prior to August 3, 1977, through ownership, contract, or lease, but not including an option to buy, lease, or contract;

3. Proof that the lands contain part of a continuous recoverable coal seam that was being mined in a single continuous mining pit (or multiple pits if the lands are proven to be

part of a single continuous surface coal mining operation) begun under a permit issued prior to August 3, 1977;

4. A plan including any supportive data required by the director outlining the proposed procedures to meet the productive capacity of the intended land use as declared in the permit, as per 10 CSR 40-3.120; and 5. A detailed map delineating the exempted acreage.

(C) Application Contents—Prime Farmland. All permit applications for areas in which prime farmland has been identified within the proposed permit area shall include the following:

1. A soil survey of the permit area according to the standards of the National Cooperative Soil Survey and in accordance with the procedures set forth in the United States Department of Agriculture Handbooks 436 Soil Taxonomy(United States Soil Conservation Service, 1975), as amended on March 22, 1982, and October 5, 1982, and 18 Soil Survey Manual(United States Soil Conservation Service, 1951), as amended on December 18, 1979, May 7, 1980, May 9, 1980, September 11, 1980, June 9, 1981, June 29, 1981, and November 16, 1982. The United States Natural Resources Conservation Service (NRCS) establishes the standards of the National Cooperative Soil Survey and maintains a National Soils Handbookwhich gives current acceptable procedures for conducting soil surveys. This National Soils Handbookis available for review at area and state NRCS offices.

A. United States Department of Agriculture Handbooks 436 and 18 are incorporated by reference as they exist on November 23, 1987. Notices of changes made to these publications will be periodically published in the Federal Register. The handbooks are on file and available for inspection at the Land Reclamation Program, 1101 Riverside Drive, Jefferson City, MO 65101. Copies of these documents are also available from the superintendent of documents, United States Government Printing Office, Washington, DC 20402, Stock Nos. 001-000-02597-0 and 001-000-00688-6, respectively. In addition, these documents are available for inspection at the national, state, and area offices of the NRCS, United States Department of Agriculture and through the Federal Register Library, 1100 L Street, NW, Washington, DC. Incorporation by reference provisions were approved by the director of the Federal Registeron June 29, 1981.

B. The soil survey shall include a description of soil mapping units and a representative soil profile as determined by the United States NRCS, including, but not limited to, soil horizon depths, pH, and the range of soil densities for each prime farmland soil unit within the permit area. Other representative soil profile descriptions from the locality, prepared according to the standards of the National Cooperative Soil Survey, may be used if their use is approved by the state conservationist, United States NRCS. The director may request the operator to provide information on other physical and chemical soil properties as needed to make a determination that the operator has the technological capability to restore the prime farmland within the permit area to the soil reconstruction standards of 10 CSR 40-4.030;

2. A plan for soil reconstruction, replacement, and stabilization for the purpose of establishing the technological capability of the mine operator to comply with the requirements of 10 CSR 40-4.030;

3. Scientific data, such as agricultural school studies, for areas with comparable soils, climate, and management that demonstrate that the proposed method of reclamation, including the use of soil mixtures or substitutes, if any, will achieve, within a reasonable time, levels of yield equivalent to, or higher than, those of nonmined prime farmland in the surrounding area;

4. The productivity prior to mining, including the average yield of food, fiber, forage, or wood products obtained under a high level of management; and 5. United States NRCS forms MO-LTP- 1 and MO-LTP-2 shall be submitted as part of the application.

(D) Consultation With the Secretary of Agriculture.

1. The secretary of agriculture has responsibilities with respect to prime farmland soils and has assigned the prime farmland responsibilities arising under the Act to the chief of the United States NRCS. The United States NRCS shall carry out consultation and review through the state conservationist located in each state.

2. The state conservationist shall provide to the director a list of prime farmland soils, their location, physical and chemical characteristics, crop yields, and associated data necessary to support adequate prime farmland soil descriptions.

3. The state conservationist shall assist the director in describing the nature and extent of the reconnaissance inspection required in 10 CSR 40-6.040(16)(C).

4. Before any permit is used for areas that include prime farmland, the director shall consult with the state conservationist.

The state conservationist shall provide for the review of, and comment on, the proposed method of soil reconstruction in the plan submitted under paragraph (4)(C)2., of this rule.

If the state conservationist considers those methods to be inadequate, s/he shall suggest revisions to the director which result in more complete and adequate reconstruction.

(E) Issuance of Permit. A permit for the mining and reclamation of prime farmland may be granted by the director if s/he first finds, in writing, upon the basis of a complete application, that— 1. The approved proposed postmining land use of these prime farmlands will be cropland;

2. The permit incorporates as specific conditions the contents of the plan submitted under paragraph (4)(C)2. of this rule, after consideration of any revisions to that plan suggested by the state conservationist under paragraph (4)(D)4. of this rule;

3. The applicant has the technological capability to restore the prime farmland, within a reasonable time, to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management;

4. The proposed operations will be conducted in compliance with the requirements of

**History**
- *authority to allow changes in the method of mining operations within the original permit area or the decision of the regulatory authority to allow incidental boundary changes to the original permit;*

##### **10 CSR 40-4.030** and other environmental protection performance and reclamation standards for mining and reclamation of prime farmland of the Land Reclamation Program; {#sec-10-csr-40-4.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-4.030}

5. The aggregate total prime farmland acreage has not decreased from that which existed prior to mining. Water bodies, if any, to be constructed during mining and reclamation operations must be located within the post-reclamation nonprime farmland portions of the permit area. The creation of any such water bodies must be approved by the regulatory authority and the consent of all affected property owners within the permit area must be obtained.

(5) Augering.

(A) This section applies to any person who augering operations.

(B) Any application for a permit for operations covered by this section shall contain in the mining and reclamation plan a description of the augering methods to be used and the measures to be used to comply with 10 CSR 40-4.020.

(C) No permit shall be issued for any operations covered by this section unless it is found in writing that, in addition to meeting all other applicable requirements of this chapter, the operation will be conducted in compliance with 10 CSR 40-4.020.

(6) Coal Processing Plants or Support Facilities Not Located Within the Permit Area of a Specified Mine.

(A) This section applies to any person who coal processing plants or support facilities not within a permit area of a specific mine. Any person who operates this processing plant or support facility shall have obtained a permit in accordance with the requirements of this

section.

(B) Any application for a permit for operations covered by this section shall contain in the mining and reclamation plan, specific 20CODE OF STATE REGULATIONS plans, including descriptions, maps, and cross-sections of the construction, operation, maintenance, and removal of the processing plants and associated support facilities. The plan shall demonstrate that those operations will be conducted in compliance with 10 CSR 40-4.050.

(C) No permit shall be issued for any operation covered by this section unless it is found, in writing, that, in addition to meeting all other applicable requirements of this chapter, the operations will be conducted in compliance with the requirements of 10 CSR 40- 4.050.

(7) Variances for Delay in Contemporaneous Reclamation Requirement in Combined Surface and Underground Mining Operations.

(A) Scope. This section applies to any person who conducts or intends to conduct combined surface mining activities and underground mining activities where contemporaneous reclamation as required by 10 CSR 40- 3.150(2) is not practicable and a delay is requested to allow underground mining activities to be conducted before the reclamation operation for the surface mining activities can be completed.

(B) Application Contents for Variances.

Any person who desires to obtain a variance under this rule shall file with the director complete applications for both the surface mining activities and underground mining activities which are to be combined. The mining and reclamation operation plans for these permits shall contain appropriate narratives, maps and plans, which— 1. Show why the proposed underground mining activities are necessary or desirable to assure maximum practical recovery of coal;

2. Show how multiple future disturbances of surface lands or waters will be avoided;

3. Identify the specific surface areas for which a variance is sought and the particular sections of the law, these regulations, and the regulatory program from which a variance is being sought;

4. Show how the activities will comply with 10 CSR 40-4.060 and other applicable requirements of the regulatory program;

5. Show why the variance sought is necessary for the implementation of the proposed underground mining activities;

6. Provide an assessment of the adverse environmental consequences and damages, if any, that will result if the reclamation of the surface mining activities is delayed; and 7. Show how off-site storage of spoil will be conducted to comply with the requirements of the law, 10 CSR 40-3.060, and the regulatory program.

(C) Issuance of Permit. A permit incorporating a variance under this rule may be issued by the director, if s/he first finds, in writing, upon the basis of a complete application filed in accordance with this rule, that— 1. The applicant has presented, as part of the permit application, specific feasible plans for the proposed underground mining activities;

2. The proposed underground mining activities are necessary or desirable to assure maximum practical recovery of the mineral resource and will avoid multiple future disturbances of surface land or waters;

3. The applicant has satisfactorily demonstrated that the applications for the surface mining activities and underground mining activities conform to the requirements of the regulatory program and that all other permits necessary for the underground mining activities have been issued by the appropriate authority;

4. The surface area of surface mining activities proposed for the variance has been shown by the applicant to be necessary for implementing the proposed underground mining activities;

5. No substantial adverse environmental damage, either on- or off-site, will result from the delay in completion of reclamation otherwise required by section 444.860.2(16), RSMo, 10 CSR 40-3, and the regulatory program;

6. The operations, as far as a variance is authorized, will be conducted in compliance with the requirements of 10 CSR 40-4.060 and the regulatory program;

7. Provisions for off-site storage of spoil will comply with the requirements of section 444.855.2(22), RSMo, 10 CSR 40-3.060, and the regulatory program;

8. Liability under the performance bond required to be filed by the applicant with the director pursuant to 10 CSR 40-7 shall be for the duration of the underground mining activities and until all requirements of 10 CSR 40- 7 and the regulatory program have been complied with; and 9. The permit for the surface mining activities contains specific conditions— A. Delineating the particular surface areas for which a variance is authorized;

B. Identifying the particular requirements of 10 CSR 40-4.060 and the regulatory program which are to be complied with, in lieu of the otherwise applicable provisions of

section 444.855.2., RSMo, 10 CSR 40-3, and the regulatory program; and C. Providing a detailed schedule for compliance with the particular requirements of 10 CSR 40-4.060 and the regulatory program identified under subparagraph (7)(C)9.B. of this rule.

(D) Review of Permits Containing Variances. Variances granted under permits issued under this rule shall be reviewed by the director no later than three (3) years from the dates of issuance of the permit and any permit renewals.

(8) In SituProcessing Activities.

(A) This section applies to any person who in situprocessing activities.

(B) Any application for a permit for operations covered by this section shall be made according to all requirements of this chapter applicable to underground mining activities.

In addition, the mining and reclamation operations plan for operations involving in situ processing activities shall contain information establishing how those operations will be conducted in compliance with the requirements of 10 CSR 40-4.070, including:

1. Delineation of proposed holes and wells and production zone for approval of the director;

2. Specifications of drill holes and casings proposed to be used;

3. A plan for treatment, confinement, or disposal of all acid-forming, toxic-forming or radioactive gases, solids, or liquids constituting a fire, health, safety, or environmental hazard caused by the mining and recovery process; and 4. Plans for monitoring surface and ground water, and air quality, as required by the director.

(C) No permit shall be issued for operations covered by this section unless the director first finds, in writing, upon the basis of a complete application made in accordance with subsection (8)(B) of this rule, that the operation will be conducted in compliance with all requirements of this chapter relating to underground mining activities and 10 CSR 40-3.170–10 CSR 40-3.310 and 10 CSR 40- 4.070.

Filed Aug. 1, 1980, effective Dec. 11, 1980.

Amended: Filed Nov. 10, 1980, effective Feb. 12, 1981. Amended: Filed Dec. 10, 1980, effective April 11, 1981. Amended: Filed Aug. 4, 1987, effective Nov. 23, 1987. Amended:

Filed March 28, 1988, effective July 1, 1988.

Amended: Filed Sept. 15, 1988, effective Jan. 15, 1989. Amended: Filed March 2, 1989, effective May 15, 1989. Amended: Filed May 2, 1989, effective Aug. 1, 1989. Amended:

Filed July 3, 1990, effective Nov. 30, 1990.

April 30, 1995. Amended: Filed March 21, *Original authority: 444.810, RSMo 1979, amended 1983,

**History**
- *AUTHORITY: section 444.810, RSMo 2000. Feb. 11, 1980. Amended: Filed May 12, 1980, effective Sept. 11, 1980. Amended:*

##### **10 CSR 40-6.070** Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions for review, public participation and approval of permit applications and permit terms and conditions pursuant to sections 444.810, 444.815, 444.820, 444.835, 444.840, and (1) Definitions. As used in subsections (7)(D) and (8)(I)— (A) Willful violation means an act or omission which violates state or federal laws or regulations or individual permit conditions, committed by a person who intends the result which actually occurs; and (B) Irreparable damage to the environment means any damage to the environment that cannot be corrected by actions of the applicant. {#sec-10-csr-40-6.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.070}

(2) Public Notices of Filing of Permit Applications.

(A) An applicant for a permit shall place an advertisement in a local newspaper of general circulation in the locality of the proposed tions at least once a week for four (4) consecutive weeks. The applicant shall place the advertisement in the newspaper at the same time the complete permit application is filed with the director. The advertisement shall contain, at a minimum, the following information:

1. The name and business address of the applicant;

2. A map or description which shall— A. Clearly show or describe towns, rivers, streams, or other bodies of water, local landmarks, and any other information, including routes, streets, or roads and accurate distance measurements, necessary to allow local residents to readily identify the proposed permit area;

B. Clearly show or describe the exact location and boundaries of the proposed permit area;

C. State the name of the United States Geological Survey 7.5-minute quadrangle map(s) which contains the area shown or described; and D. If a map is used, indicate the north point;

3. The location where a copy of the application is available for public inspection under subsection (2)(D) of this rule;

4. The name and address of the director to which written comments, objections, or requests for informal conferences on the application may be submitted under sections (3)–(5) of this rule; and 5. If an applicant seeks a permit to mine within one hundred feet (100') of the outside right-of-way of a public road or to relocate a public road, a concise statement describing the mine-related activities to be conducted within one hundred feet (100') of the outside right-of-way or, in the case of a relocation of a public road, the particular part to be relocated, where the relocation is to occur, and the duration of the relocation.

(B) Upon receipt of a complete application for a permit, the director, within ten (10) days, shall issue written notification of— 1. The applicant’s intention to surface mine a particularly described tract of land;

2. The application number;

3. Where a copy of the application may be inspected; and 4. Where comments on the application may be submitted under section (3) of this (C) The written notifications shall be sent to— 1. Federal, state, and local governmental agencies with jurisdiction over or an interest in the area of the proposed operations and reclamation including, but not limited to, the local office of the Soil Conservation Service, the local United States Army Corps of Engineers district engineer, the National Park Service, other general governmental entities, and fish and wildlife and historic preservation agencies;

2. Governmental planning agencies with jurisdiction to act with regard to land use, air, or water quality planning in the area of the proposed operations;

3. Sewage and water treatment authorities and water companies, either providing sewage or water services to users in the area of the proposed operations or having water sources or collection, treatment, or distribution facilities located in these areas; and 4. The federal or state governmental agencies with authority to issue all other permits and licenses needed by the applicant in connection with operations proposed in the application.

(D) The applicant shall— 1. Make a full copy of his/her complete application for a permit available for the public to inspect and copy. This shall be done by filing a copy of the application with the recorder of deeds at the courthouse of the county where the mining is proposed to occur; and 2. File the copy of the complete application under paragraph (2)(D)1. of this rule by the first date of newspaper advertisement of the application. The applicant shall file any subsequent revision of the application with the recorder of deeds at the same time as the revision is submitted to the commission or director.

(3) Opportunity for Submission of Written Comments on Permit Applications.

(A) Written comments on permit applications may be submitted to the commission and director by the public entities to whom notification is provided under subsections (2)(B) and (C) of this rule with respect to the effects of the proposed mining operations on the environment within their area of responsibility.

(B) These comments shall be submitted to the commission and director within thirty (30) days after the last publication of the newspaper advertisement required by subsection (2)(A) of this rule.

(C) The director shall immediately transmit a copy of all comments for filing and public inspection to the recorder of deeds where the applicant filed a copy of the application for a permit under subsection (2)(D) of this rule. A copy shall also be transmitted to the applicant.

(4) Right to File Written Objections.

(A) Any person whose interests are or may be adversely affected or an officer or head of any federal, state, or local government agency or authority shall have the right to file written objections to an initial, renewed, or revised application for a permit within thirty (30) days after the last publication of the newspaper advertisement required by subsection (2)(A) of this rule.

(B) Upon receipt of any written objections, the director shall immediately— 1. Transmit a copy of them to the applicant; and 2. File a copy for public inspection at the office of the recorder of deeds where the applicant filed a copy of the application for permit under subsection (2)(D) of this rule.

(5) Informal Conferences.

(A) Procedure for Requests. Any objector under section (4) of this rule or the applicant, 22CODE OF STATE REGULATIONS in writing, may request that the director hold an informal conference on the application for a permit. The request shall— 1. Briefly summarize the issues to be raised by the requestor at the conference;

2. State whether the requestor desires to have the conference conducted in the locality of the proposed mining operations; and 3. Be filed not later than thirty (30) days after the last publication of the newspaper advertisement in subsection (2)(A) of this (B) Except as provided in subsection (5)(C) of this rule, if an informal conference is requested in accordance with subsection (5)(A) of this rule, the director shall hold an informal conference within thirty (30) days following the receipt of the request. The informal conference shall be conducted according to the following:

1. If requested under paragraph (5)(A)2. of this rule, the informal conference shall be held in the locality of the proposed mining;

2. The date, time, and location of the informal conference shall be advertised by the director in a newspaper of general circulation in the locality of the proposed mine at least two (2) weeks prior to the scheduled conference;

3. If requested in writing by a conference requestor, within a reasonable time prior to the conference, the director shall arrange with the applicant to grant parties to the conference access to the mine plan area for the

purpose of gathering information relevant to the conference; and 4. The conference shall be conducted by the director, who may accept oral or written statements and any other relevant information from any party to the conference. An electronic or stenographic record shall be made of the conference proceeding, unless waived by all the parties. The record shall be maintained and shall be accessible to the parties to the conference until final release of the applicant’s performance bond pursuant to 10 CSR 40-7.

(C) If all parties requesting the informal conference stipulate agreement before the requested informal conference and withdraw their request, the informal conference need not be held.

(D) Informal conferences held in accordance with this section may be used as the public hearing required under 10 CSR 40- 5.010(3)(D) on proposed uses or relocation of public roads.

(6) Public Availability of Permit Application on File With the Commissioner or Director.

(A) General Availability. Except as provided in subsection (6)(C) of this rule, all applications for permits, revisions, renewals, and transfers, assignments or sales of permit rights on file with the regulatory authority shall be available, at reasonable times, for public inspection and copying.

(B) Limited Availability. Except as provided in subsection (6)(C) of this rule, information pertaining to coal seams, test borings, core samplings, or soil samples in an application shall be made available to any person with an interest which is or may be adversely affected. Information subject to this subsection shall be made available to the public when the information is required to be on public file pursuant to state law.

(C) Confidentiality. The director shall provide notice and the opportunity to be heard for persons both seeking and opposing disclosure, when this request is made through the procedures outlined in section (5) of this rule, to ensure confidentiality of qualified confidential information, which shall be clearly identified by the applicant and submitted separately from the remainder of the application.

Confidential information is limited to information— 1. That pertains only to the analysis of the chemical and physical properties of the coal to be mined, except information on components of the coal which are potentially toxic in the environment;

2. Required under section 444.825, RSMo, that is not on public file pursuant to state law and that the applicant has requested in writing to be held confidential; and 3. On the nature and location of archeological resources on public land and Indian land as required under the Archaeological Resources Protection Act of 1979 (P. L. 96- 95, 93 Stat. 721, 16 U.S.C. 470).

(7) Review of Permit Applications.

(A) Review by the Director and Determination of the Adequacy of the Fish and Wildlife Plan. The director shall— 1. Review the complete application and written comments, written objections submitted, and records of any informal conference held under sections (3)–(5) of this rule;

2. Determine the adequacy of the fish and wildlife plan submitted pursuant to 10 CSR 40-6.050(7) or 10 CSR 40-6.120(12), in consultation with state and federal fish and wildlife management and conservation agencies having responsibilities for the management and protection of fish and wildlife or their habitats which may be affected or impacted by the proposed surface coal mining and reclamation operations; and 3. Provide the resource information required under 10 CSR 40-6.040(11) and the protection and enhancement plan required under this section to the United States Fish and Wildlife Service for its review within ten (10) days of receipt of the request from the service.

(B) If the director decides to approve the application, s/he shall require that the applicant file the performance bond before the permit is issued, in accordance with the provisions of 10 CSR 40-7.

(C) Based on available information concerning federal and state failure-to-abate cessation orders, unabated federal and state imminent harm cessation orders, delinquent civil penalties, bond forfeitures where violations upon which the forfeitures were based have not been corrected, delinquent abandoned mine reclamation fees and unabated violations of federal and state laws and regulations pertaining to air or water environmental protection incurred in connection with any surface coal mining operation, the director shall not issue the permit if the applicant, operator, or any surface coal mining and reclamation operation owned or controlled by either the applicant, operator, or by any person who owns or controls the applicant or operator is currently in violation of any federal or state surface coal mining law or any other law or regulation referred to in subsection (7)(C). In the absence of a failure-toabate cessation order, the regulatory authority may presume that a notice of violation issued pursuant to 10 CSR 40-8.030(7) or under a federal or state program has been or is being corrected to the satisfaction of the agency with jurisdiction over the violation, except where evidence to the contrary is set forth in the permit application or where the notice of violation is issued for nonpayment of abandoned mine reclamation fees or civil penalties. If a current violation exists, the regulatory authority shall require the applicant, operator, or person who owns or controls the applicant or operator, before the issuance of the permit, to either— 1. Submit proof which is satisfactory to the regulatory authority, department, or agency which has jurisdiction over the violation that the violation— A. Has been corrected; or B. Is in process of being corrected; or 2. Establish for the regulatory authority that the applicant, operator, or any person owned or controlled by either the applicant, operator, or any person who owns or controls the applicant, has filed and is presently pursuing, in good faith, a direct administrative or judicial appeal to contest the validity of the current violation. If the initial judicial review

(D) Before any final determination that the applicant or the operator specified in the application controls or has controlled mining operations with a demonstrated pattern of willful violation of the law or the Act of that nature, duration, and with the result in irreparable damage to the environment that indicates an intent not to comply with the provisions of the law or the Act, the applicant or operator shall be afforded an opportunity for an adjudicatory hearing conducted pursuant to 10 CSR 40-6.080(1).

(E) The applicant for a permit shall have the burden of establishing that the application is in compliance with all the requirements of the regulatory program.

(F) Any permit that is issued on the basis of proof submitted under paragraph (7)(C)1. of this rule that a violation is in the process of being corrected, or pending the outcome of an appeal described in paragraph (7)(C)2. of this rule, shall be conditionally issued.

(G) Final Compliance Review. After an application is approved, but before the permit is issued, the decision to approve the application shall be reconsidered, based on the compliance review required by subsection (7)(C) of this rule in light of any new information submitted under 10 CSR 40-6.030(1)(H) and (2)(D).

(8) Criteria for Permit Approval or Denial.

No permit or revision application shall be approved, unless the application affirmatively demonstrates, and the director finds, in writing, on the basis of information set forth in the application or from information otherwise available, which is documented in the approval and made available to the applicant, that— (A) The permit application is accurate and complete and that all requirements of the regulatory program have been complied with;

(B) The applicant has demonstrated that tions, as required by the regulatory program, can be feasibly accomplished under the mining and reclamation operations plan contained in the application;

(C) The assessment of the probable cumulative impacts of all anticipated coal mining in the general area on the hydrologic balance, as described in 10 CSR 40-6.050(9)(E), has been made by the commission or director and the operations proposed under the application have been designed to prevent damage to the hydrologic balance outside the proposed mine plan area;

(D) The proposed permit area is not— 1. Included within an area designated unsuitable for surface coal mining operations under 10 CSR 40-5.020;

2. Within an area under study for designation as unsuitable for surface coal mining operations in an administrative proceeding begun under 10 CSR 40-5.020, unless the applicant demonstrates that, before January 4, 1977, s/he has made substantial legal and financial commitments in relation to the operation for which s/he is applying for a permit;

3. On any lands subject to the prohibitions or limitations of 10 CSR 40-5.010(2);

4. Within one hundred feet (100') of the outside right-of-way line of any public road, except as provided for in 10 CSR 40- 5.010(5)(B); or 5. Within three hundred feet (300') from any occupied dwelling, except as provided for in 10 CSR 40-5.010(2)(E) and (6)(B);

(E) The proposed operations will not adversely affect any publicly- or privatelyowned parks or places included or eligible for listing in the National Register of Historic Places, except as provided for in 10 CSR 40- 5.010(2)(C). This finding may be supported in part by inclusion of appropriate permit conditions or changes in the operation plan protecting historic resources, or a documented decision that the director has determined that no additional protection measures are necessary;

(F) For operations involving the surface mining of coal where the private mineral estate to be mined has been severed from the private surface estate, the applicant has submitted the documentation required under 10 CSR 40-6.030(3)(B) or 10 CSR 40- 6.100(3)(B);

(G) If applicable, the applicant has either— 1. Submitted the proof required by paragraph (7)(C)1. of this rule; or 2. Made the demonstration required by paragraph (7)(C)2. of this rule;

(H) The applicant has submitted proof that all required federal reclamation fees have been paid;

(I) If the applicant, anyone who owns or controls the applicant or the operator specified in the application, controls or has controlled surface coal mining and reclamation operations with a demonstrated pattern of willful violations of a nature and duration and with resulting irreparable damage to the environment indicating an intent not to comply with the law, no permit shall be issued.

Before a finding becomes final, the applicant or operator shall be afforded an opportunity for an adjudicatory hearing on the determination;

(J) The applicant, with respect to prime farmland, has obtained either a negative determination or satisfied the requirements of 10 CSR 40-6.060(4);

(K) It is found that the activities would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats as determined under the Endangered Species Act of 1973 (16 U.S.C. Section 1531);

(L) The applicant, if applicable, satisfied the requirements for approval of a long-term, intensive agricultural postmining land use in accordance with the requirements of 10 CSR 40-3.120(1)(E) or 10 CSR 40-3.270(1)(E);

(M) For a proposed remining operation where the applicant intends to reclaim in accordance with the requirements of 10 CSR 40-4.080, the site of the operation is a previously mined area as defined in 10 CSR 40- 8.010(1)(A)72. The applications must contain:

1. Lands eligible for remining;

2. An identification of the potential environmental and safety problems related to prior mining activity which could reasonably be anticipated to occur at the site. This identification shall be based on a due diligence investigation which shall include visual observations at the site, a record review of past mining at the site, and environmental sampling tailored to current site conditions; and 3. Mitigation plans to sufficiently address these potential environmental and safety problems so that reclamation as required by the applicable requirements of the regulatory program can be accomplished.

(N) The applicant is eligible to receive a permit, based on the reviews under 10 CSR 40-6.030(2); 10 CSR 40-6.070(7), (8), (10) and (11); and 10 CSR 40-6.090(4) and (8).

(9) Criteria for Permit Approval or Denial— Existing Structures.

(A) No application for a permit or revisions which proposes to use an existing structure in connection with or to facilitate the proposed surface coal mining and reclamation operation shall be approved, unless the applicant demonstrates and it is found, in writing, on the basis of information set forth in the complete application that— 1. If the applicant proposes to use an existing structure in accordance with the exemption provided in 10 CSR 40- 8.070(2)(D)1.A.— A. The structure meets the performance standards of the Act and 10 CSR 40-3 and 10 CSR 40-4; and B. No significant harm to the environment or public health or safety will result from use of the structure; and 2. If other existing structures will be used— A. If the application proposes to use an existing structure in accordance with the exemption provided in 10 CSR 40- 8.070(2)(D)1.B.— (I) The structure meets the performance standards of the law and 10 CSR 40- 2;

24CODE OF STATE REGULATIONS

(II) No significant harm to the environment or public health or safety will result from use of the structure; and (III) The performance standards of

**History**
- *authority affirms the violation, then the applicant, within thirty (30) days of the judicial action, shall submit the proof required under paragraph (7)(C)1. of this rule.*

##### **10 CSR 40-2** are at least as stringent as performance standards of 10 CSR 40-3 and 10 CSR 40-4; and B. If it is found that the structure meets the criteria of subparagraphs (9)(A)1.A. and B. of this rule, but does not meet the criterion of 10 CSR 40-8.070(2)(D)1.C., the applicant shall submit a compliance plan for modification or recon struction of the structure and it must be found prior to the issuance of the permit that— (I) The modification or reconstruction of the structure will bring the structure into compliance with the design and performance standards of 10 CSR 40-3 and 10 CSR 40-4 as soon as possible, but not later than six (6) months, after issuance of the permit; {#sec-10-csr-40-2 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-2}

(II) The risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction; and (III) The applicant will monitor the structure to determine compliance with the performance standards of 10 CSR 40-3 and 10 CSR 40-4.

(B) If it is found that the existing structure cannot be reconstructed without causing significant harm to the environment or public health or safety, the applicant will be required to abandon the existing structure. The structure shall not be used for or to facilitate surface coal mining operations after the effective date of issuance of the permit issued under this chapter. Abandonment of the structure shall proceed on a schedule approved in compliance with 10 CSR 40-3.150(4) or 10 CSR 40-3.310(4).

(10) Permit Approval or Denial Actions.

(A) The director shall approve, require modification of or deny all applications for permits on the basis of— 1. Complete applications for permits and revisions or renewals of permits;

2. Public participation as provided for in this chapter;

3. Compliance with any applicable provisions of 10 CSR 40-6.060; and 4. Processing and review of applications as required by this rule.

(B) The director shall take action as required under subsection (10)(A) of this

rule, within the following times:

1. Initiation of regulatory program.

Except as provided for in paragraph (10)(B)3. of this rule, a complete application submitted within two (2) months after approval of the state program by the secretary of the interior shall be processed by the director so that an application is approved or denied— A. Within eight (8) months after the date of approval by the secretary of the interior of a regulatory program, unless the state or the commission and director are specifically enjoined from submitting a state program or the commission and director are specifically enjoined from implementing a regulatory program but in no case later than eight (8) months after program approval; and B. If an informal conference has been held pursuant to section (5) of this rule, within sixty (60) days from the close of the conference;

2. Subsequent operation of regulatory programs. Except as provided for in paragraph (10)(B)3. of this rule, a complete application submitted in accordance with subsection (4)(B) of this rule shall be processed by the director, so that an application is approved or denied within the following times:

A. If an informal conference has been held under section (5) of this rule, within sixty (60) days of the close of the conference;

B. If no informal conference has been held under section (5) of this rule, then within sixty (60) days after the last publication of notice; and 3. Notwithstanding any of the previously mentioned provisions of this section, no time limit requiring the commission or director to act shall be considered expired from the time the commission or director initiates a proceeding under subsection (7)(D) of this rule until the final decision of the hearing body.

(C) If an informal conference is held under

section (5) of this rule, the director shall give his/her written findings to the permit applicant and to each person who is a party to the conference, approving, modifying or denying the application in whole or in part and stating the specific reasons therefore in the decision.

(D) If no informal conference has been held, the director shall give his/her written findings to the permit applicant, approving, modifying, or denying the application in whole or in part and stating the specific reason in the decision.

(E) The director shall simultaneously give a copy of his/her decision to— 1. Each person and governmental official who filed a written objection or comment with respect to the application; and 2. The regional director of the office together with a copy of any permit issued.

(F) Within ten (10) days after the granting of a permit, including the filing of the performance bond which complies with 10 CSR 40- 7, the director shall notify the local government officials in the county in which the area of land to be affected is located that a permit has been issued and shall describe the location of the lands within the permit area.

(11) Improvidently-Issued Permit.

(A) General Procedures.

1. Permit review. Where the director has reason to believe a surface coal mining and reclamation permit was improvidently issued, s/he shall review the circumstances under which the permit was issued, using the criteria in paragraph (11)(A)2. of this rule. Where the regulatory authority finds that the permit was improvidently issued, it shall comply with paragraph (11)(A)3. of this rule.

2. Review criteria. The director shall find that a surface coal mining and reclamation permit was issued improvidently if— A. Under the violations review criteria of the regulatory program at the time the permit was issued— (I) The regulatory authority should not have issued the permit because of an unabated violation or a delinquent penalty or fee; or (II) The permit was issued on the presumption that a notice of violation was in the process of being corrected to the satisfaction of the agency with jurisdiction over the violation, but a cessation order subsequently was issued;

B. The violation, penalty, or fee— (I) Remains unabated or delinquent; and (II) Is not the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; and C. Where the permittee was linked to the violation, penalty, or fee through ownership or control, under the violations review criteria of the regulatory program at the time the permit was issued an ownership or control link between the permittee and the person responsible for the violation, penalty, or fee still exists, or where the link was severed the permittee continues to be responsible for the violation, penalty, or fee.

3. Remedial measures. If the director, under paragraph (11)(A)2. of this rule, finds that because of an unabated violation or a delinquent penalty or fee a permit was issued improvidently, s/he shall use one (1) or more of the following remedial measures:

A. Implement, with the cooperation of the permittee or other person responsible and of the responsible agency, a plan for abatement of the violation or a schedule for payment of the penalty or fee;

B. Impose on the permit a condition requiring that in a reasonable period of time the permittee or other person responsible abate the violation or pay the penalty or fee;

C. Suspend the permit until the violation is abated or the penalty or fee is paid; or D. Rescind the permit under subsection (11)(B) of this rule.

4. The regulatory authority will consider a provisionally issued permit to be improvidently issued, and must immediately initiate procedures under 10 CSR 40-6.070(11) to suspend or rescind that permit, if— A. Violations are not abated within the specified abatement period;

B. The applicant, the applicant’s operator, or operations that the applicant or the applicant’s operator own or control do not comply with the terms of an abatement plan or payment schedule;

C. In the absence of a request for judicial review, the disposition of a challenge and any subsequent administrative review of this section affirms the validity of the violation or the ownership or control listing or finding; or D. The initial judicial review decision of this section affirms the validity of the violation or the ownership or control listing or finding.

(B) Suspension and Rescission Procedures.

1. A regulatory authority which, under subparagraph (11)(A)3.D. of this rule, elects to suspend or rescind an improvidently-issued permit shall serve on the permittee and post at its nearest office to the permit area a notice of proposed suspension and rescission which includes the reasons for the finding of the regulatory authority under paragraph (11)(A)2. of this rule and states that— A. If the regulatory authority proposes to suspend the applicant’s permit, the regulatory authority will provide sixty (60) days notice and the permit will automatically become suspended. If the regulatory authority proposes to rescind the applicant’s permit, the regulatory authority will provide one hundred twenty (120) days notice and the applicant’s permit will be automatically rescinded.

These periods will be followed unless the permittee submits proof and the regulatory

rule was erroneous;

(II) The permittee or other person responsible has abated the violation on which the finding was based, or paid the penalty or fee, to the satisfaction of the responsible agency;

(III) The violation, penalty, or fee is the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; or (IV) Since the finding was made, the permittee has severed any ownership or control link with the person responsible for, and does not continue to be responsible for, the violation, penalty, or fee; and B. When the permit is suspended or rescinded, written notification shall be provided to the permittee requiring the permittee to cease all surface coal mining and reclamation operations under the permit and shall be posted at the nearest office to the permit area, except for violation abatement and for reclamation and other environmental protection measures as required by the regulatory

2. Right to appeal. If the permit is suspended or rescinded, the permittee may file an appeal for administrative review of the notice under Administrative Procedures and Review, Chapter 536, RSMo. This review shall be requested within thirty (30) days of the receipt of the notice of suspension and rescission. The requested hearing shall be held before the commission within thirty (30) days of the receipt of the request. The commission shall issue its decision within thirty (30) days of the hearing.

(12) Permit Terms.

(A) Each permit shall be issued for a fixed term not to exceed five (5) years. A longer fixed permit term may be granted, if— 1. The application is full and complete for the specified longer term; and 2. The applicant shows that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing of equipment and the opening of this operation and the need is confirmed, in writing, by the applicant’s proposed source for the financing.

(B) Termination and Extension Conditions.

1. A permit shall terminate, if the permittee has not begun the surface coal mining and reclamation operation covered by the permit, within three (3) years of the issuance of the permit.

2. The commission may grant reasonable extensions of time for commencement of these operations upon receipt of a written statement showing that these extensions of time are necessary, if— A. Litigation precludes the commencement or threatens substantial economic loss to the permittee; or B. There are conditions beyond the control and without the fault or negligence of the permittee.

3. With respect to coal to be mined for use in a synthetic fuel facility or specified major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at the time that the construction of the synthetic fuel or generating facility is initiated.

4. Extensions of time granted under this subsection shall be specifically set forth in the permit and notice of the extension shall be made to the public.

(C) Permits may be suspended, revoked, or modified in accordance with 10 CSR 40- 6.060(1)–(3) and (5), 10 CSR 40-6.090(3), and 10 CSR 40-8.030.

(13) Conditions of Permits—General and Right of Entry. Each permit shall ensure that— (A) Except to the extent that the commission or director otherwise directs in the permit that for specific actions be taken, the permittee shall conduct all surface coal mining and reclamation operations as described in the complete application;

(B) The permittee shall allow the authorized representative of the secretary of the interior, the commission, director, or authorized representatives, without advance notice or a search warrant, upon presentation of appropriate credentials and without delay, to— 1. Have the rights of entry provided for in 10 CSR 40-8.030(2); and 2. Be accompanied by private persons for the purpose of conducting an inspection when the inspection is in response to an alleged violation reported to the commission or director by the private person;

(C) The permittee shall conduct surface coal mining and reclamation operations only on those lands specifically designated on the maps submitted under 10 CSR 40-6.040 or 10 CSR 40-6.110, 10 CSR 40-6.050, or 10 CSR 40-6.120 and approved for the term of the permit and which are subject to the performance bond in effect pursuant to 10 CSR 40-7;

(D) The operator shall pay all reclamation fees required by Subchapter R of Chapter 30 of the Code of Federal Regulationsfor coal produced under the permit for sale, transfer, or use in the manner required by that sub-

chapter; and (E) Within thirty (30) days after a cessation order is issued under 10 CSR 40-8.030(6) for operations conducted under the permit, except where a stay of the cessation order is granted and remains in effect, the permittee shall either submit to the regulatory authority the following information, current to the date the cessation order was issued, or notify the regulatory authority in writing that there has been no change since the immediately preceding submittal of that information:

1. Any new information needed to correct or update the information previously submitted to the regulatory authority by the permittee under 10 CSR 40-6.030(1)(C); or 26CODE OF STATE REGULATIONS 2. If not previously submitted, the information required from a permit applicant by 10 CSR 40-6.030(1)(C).

(14) Conditions of Permits—Environment, Public Health, and Safety. Each permit shall ensure and contain specific conditions requiring that the permittee shall— (A) Take all possible steps to minimize any adverse impact to the environment or public health and safety resulting from noncompliance with any term or condition of the permit, including, but not limited to:

1. Any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance;

2. Immediate implementation of measures necessary to comply; and 3. Warning, as soon as possible after learning of the noncompliance, any person whose health and safety is in imminent danger due to the noncompliance;

(B) Dispose of solids, sludge, filter backwash, or pollutants removed in the course of treatment or control of waters or emissions to the air in the manner required by 10 CSR 40- 3 and 10 CSR 40-4, by the regulatory program and which prevents violation of any other applicable state or federal law; and (C) Conduct its operations— 1. In accordance with any measures specified in the permit as necessary to prevent significant, imminent environmental harm to the health or safety of the public; and 2. Utilizing any methods specified in the permit in approving alternative methods of compliance with the performance standards of the regulatory program, in accordance with the provisions of the law, subsection (8)(M) of this rule and 10 CSR 40-3 and 10 CSR 40-4.

RSMo 2000.* Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended:

Amended: Filed July 15, 1980, effective Nov. 13, 1980. Amended: Filed Aug. 1, 1980, effective Dec. 11, 1980. Amended: Filed Dec. 10, 1980, effective April 11, 1981. Amended:

Filed Jan. 5, 1987, effective July 1, 1987.

April 1, 1988. Amended: Filed June 2, 1988, effective Aug. 25, 1988. Amended: Filed Jan. 5, 1989, effective April 1, 1989. Amended:

Filed March 2, 1989, effective May 15, 1989.

Filed Sept. 15, 1994, effective April 30, 1995. Amended: Filed March 21, 2000, effective Oct. 30, 2000. Amended: Filed Dec. 17, 2012, effective July 30, 2013. Amended: Filed July 15, 2013, effective Jan. 30, 2014. *Original authority: 444.530, 1971, amended 1983, 1990, 1993, 1995 and 444.810, RSMo 1979, amended 1983,

**History**
- *authority finds that— (I) The finding of the regulatory*
- *authority under paragraph (11)(A)2. of this*
- *authority.*

##### **10 CSR 40-6.080** Administrative and Judicial Review of Decisions on Permit Applications for the administrative and judicial review of decisions on permit applications pursuant to sections 444.810, 444.850 and 444.900, (1) Administrative Review. {#sec-10-csr-40-6.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.080}

(A) Within thirty (30) days after the applicant or permittee is notified of the final decision of the director concerning the application for a permit, revision modification or renewal of a permit, application for transfer, sale or assignment of rights, the applicant, permittee or any person with an interest which is or may be adversely affected may request a hearing before the commission on the reasons for the final decision in accordance with this section.

(B) Hearing Time Period and Relief.

1. The commission shall commence the hearing within thirty (30) days of request.

This hearing shall be of record and adjudicatory in nature.

2. The commission, under the conditions as it prescribes, may grant the temporary relief as it deems appropriate, pending final determination of the proceeding, if— A. All parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief;

B. The person requesting that relief shows that there is a substantial likelihood that s/he will prevail on the merits of the final determination of the proceeding;

C. The relief will not adversely affect the public health or safety or cause significant, imminent environmental harm to land, air or water resources; and D. The relief sought is not the issuance of a permit where a permit has been denied, in whole or part, by the director.

3. Hearing procedures.

A. For the purpose of the hearing, the commission or hearing officer may administer oaths and affirmations, subpoena witnesses and written or printed materials, compel attendance of witnesses or production of those materials, compel discovery and take evidence, including but not limited to, site inspections of the land to be affected and other surface coal mining and reclamation operations carried on by the applicant in the general vicinity of the proposed operations.

B. A verbatim record of each public hearing required by this section shall be made and a transcript made available on the motion of any part or by order of the commission.

C. Ex partecontacts between representatives of the parties before the commission or hearing officer and the commission or hearing officer shall be prohibited.

4. Within thirty (30) days after the close of the record, the commission shall issue and furnish the applicant and each person who participated in the hearing, with the written Findings of Fact, Conclusions of Law and Order with respect to the appeal.

5. The burden of proof at these hearings shall be on the party seeking to reverse the decision of the director.

(2) Judicial Review.

(A) Any applicant or any person with an interest which is or may be adversely affected and who had participated in the administrative proceedings as an objector shall have the right to appeal as provided in subsection (2)(B) of this rule if— 1. The applicant or person is aggrieved by the decision in an administrative review proceeding conducted pursuant to section (1) of this rule; or 2. Either the commission or director under section (1) of this rule fails to act within time limits specified in the law, this chapter or regulatory program, whichever applies.

(B) Action identified in subsection (2)(A) of this rule shall be subject to judicial review as provided by law, but the availability of the review shall not be construed to limit the operation of the rights established in section 444.880, RSMo.

**History**
- *AUTHORITY: section 444.530, RSMo 1994. Feb. 11, 1980. Original authority 1971, amended 1983, 1990, 1993.*

##### **10 CSR 40-6.090** Permit Reviews, Revisions and Renewals and Transfer, Sale and Assignment of Rights Granted Under Permits for permit reviews, revisions and renewals and requirements for transfer, sale and assignments for transfer, sale and assignment of rights granted under permits pursuant to sections 444.810, 444.815, 444.840 and (1) Responsibilities. The commission or director shall— (A) Ensure that permits are revised prior to changes in surface coal mining and reclamation operation; {#sec-10-csr-40-6.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.090}

(B) Ensure that all permits are regularly reviewed to determine that surface coal mining and reclamation operations under these permits are conducted in compliance with the regulatory program;

(C) Effectively review and act on applications to renew existing permits, in a timely manner, to ensure that surface coal mining and reclamation operations continue, if they comply with the regulatory program; and (D) Ensure that no person conducts surface coal mining and reclamation operations, through the transfer, sale or assignment of rights granted under permits, without prior approval.

(2) Definitions. As used in sections (9)–(11) of this rule— (A) Successor in interest means any person who succeeds to rights granted under a permit by transfer, assignment or sale of those rights; and (B) Transfer, assignment or sale of rights means a change in ownership or other effective control over the right to conduct surface coal mining operations under a permit.

(3) Review of Outstanding Permits.

(A) Review Periods.

1. The director shall review each permit issued and outstanding during the term of the permit. This review shall occur not later than the middle of the permit term and as required by 10 CSR 40-6.060(1), (3) and (5).

2. For permits of longer than five (5)year terms, a review of the permit shall be no less frequent than the permit midterm or every five (5) years whichever is more frequent.

(B) After this review, the director shall file a report with the commission. This report shall order reasonable revision or modification of the permit provisions which are appropriate to ensure compliance with the regulatory program.

(C) Copies of the report and order of the director shall be sent to the permittee.

(D) Any order of the director requiring revision or modification of permits shall be based upon written findings and shall be subject to the provisions of administrative and judicial review of 10 CSR 40-6.080.

(4) Permit Revisions.

(A) A revision to a permit shall be obtained— 1. For changes in the surface coal mining or reclamation operations described in the original application and approved under the original permit, when these changes constitute a significant departure from the method of conduct of mining or reclamation operations contemplated by the original permit. A significant departure includes any change in the permit area, mining method or reclamation procedure which, in the opinion of the director, would significantly change the effect the mining operation would have on either those persons affected by the present operation or on the environment;

2. When required by an order issued under section (3) of this rule;

3. In order to continue operations after the cancellation or material reduction of the liability insurance policy or performance bond upon which the original permit was issued; or 4. As otherwise required under the regulatory program.

(B) The application for revision shall be filed in accordance with the following:

1. The permittee shall submit the application to the director within the time provided for by 10 CSR 40-6.010(4)(B)3.; and 2. The scale or extent of permit application information requirements and procedures, including notice and hearings, applicable to revision requests shall be sufficient to demonstrate compliance with all applicable rules. Any application for a revision which proposes significant alterations in the operations described in the materials submitted in the application for the original permit under 10 CSR 40-6.030, 10 CSR 40-6.040, 10 CSR 40-6.050, 10 CSR 40-6.060, 10 CSR 40- 6.100, 10 CSR 40-6.110 or 10 CSR 40-6.120 or in the conditions of the original permit, at a minimum, shall be subject to the requirements of 10 CSR 40-6.070 and 10 CSR 40- 6.080.

(C) Within a reasonable time, the director will approve or disapprove the complete application for revision, in accordance with the requirements of 10 CSR 40-6.070.

(D) Any extensions to the area covered by a permit, except for incidental boundary revisions, shall be made by application for a new permit and shall not be approved under this (E) The applicant for a permit revision shall have the burden of establishing that the application is in compliance with all the requirements of the regulatory program.

(5) Permit Renewals—General Requirements.

(A) Any valid, existing permit issued pursuant to 10 CSR 40-6 shall carry with it the right of successive renewal upon expiration of the term of the permit, in accordance with sections (6)—(8) of this rule. Successive renewal shall be available only for those areas which were specifically approved by the commission or director on the application for the existing permit as within the boundaries of the permit.

(B) Permit renewal shall not be available for conducting surface coal mining and reclamation operations on lands beyond the boundaries of the permit area approved under the existing permit. Approval of permits to conduct operations on these lands, including, but not limited to, any remainder of the mine plan area described in the application for the existing permit, shall be obtained in accordance with paragraph (6)(B)2. of this rule.

(6) Permit Renewals—Completed Applications.

(A) Contents. Complete applications for renewals of a permit shall be made within the time prescribed by 10 CSR 40-6.010(4)(B)2.

Renewal applications shall be in a form with contents required by the director in accordance with paragraph (6)(B)2. of this rule, including at a minimum, the following:

1. A statement of the name and address of the permittee, the term of the renewal requested, the permit number and a description of any changes to the matters set forth in the original application for a permit or prior permit renewal;

2. A copy of the newspaper notice and proof of publication of same under 10 CSR 40-6.070(2)(A); and 3. Evidence that a liability insurance policy under 10 CSR 40-7.050 will be provided by the applicant for the proposed period of renewal.

(B) Processing and Review.

1. Complete applications for renewal shall be subject to the requirements of public notification and participation contained in 10 CSR 40-6.070(2)–(5).

2. If a complete application for renewal of a permit includes a proposal to extend the mining and reclamation operation beyond the boundaries authorized in the existing permit, the portion of the complete application for renewal of a valid permit which addresses any new land areas shall be subject to the full standards applicable to new permit applications under 10 CSR 40-6.010, 10 CSR 40- 6.030—10 CSR 40-6.120 and 10 CSR 40-7.

3. Before finally acting to grant the permit renewal, any additional performance bond needed to comply with the requirements of paragraph (8)(A)4. of this rule shall be filed.

(7) Permit Renewals—Terms. Any permit renewal shall be for a term not to exceed the 28CODE OF STATE REGULATIONS period of the original permit established under 10 CSR 40-6.070(12).

(8) Permit Renewals—Approval or Denial.

(A) The director, upon the basis of a complete application for renewal and completion of all procedures required under sections (6) and (7) of this rule, shall issue a renewal of a permit, unless it is established and written findings are made that— 1. The terms and conditions of the existing permit are not being satisfactorily met;

2. The present surface coal mining and reclamation operations are not in compliance with the environmental protection standards under 10 CSR 40-3 and 10 CSR 40-4 and the regulatory program;

3. The requested renewal substantially jeopardizes the operator’s continuing responsibility to comply with the regulatory program on existing permit areas;

4. The operator has not provided evidence that any performance bond required to be in effect for the operations will continue in full force and effect for the proposed period of renewal, as well as any additional bond required pursuant to 10 CSR 40-7; or 5. Any additional revised or updated information required has not been provided by the applicant.

(B) In determining whether to approve or deny a renewal, the burden shall be on the opponents of renewal.

(C) The director shall send copies of any decision to the applicant, any persons who filed objections or comments to the renewal and to any persons who were parties to any informal conference held on the permit renewal.

(D) Any person having an interest which is or may be adversely affected by the decision shall have the right to administrative and judicial review set forth in 10 CSR 40-6.080.

(9) Transfer, Assignment or Sale of Permit Rights—General Requirements. No transfer, assignment or sale of the rights granted under any permit issued shall be made without the prior written approval of the director in accordance with section (10) of this rule.

(10) Transfer, Assignment or Sale of Permit Rights.

(A) Application Requirements. An applicant for approval of the transfer, assignment or sale of permit rights shall— 1. Provide the director with an application for approval of the proposed transfer, assignment or sale including:

A. The name and address of the existing permittee and permit number or other identifier;

B. A brief description of the proposed action requiring approval; and C. The legal, financial, compliance and related information required by 10 CSR 40-6.030(1)–(3), (4)(C), (6) and (7) for surface mine operations or 10 CSR 40-6.100(1)– (3), (4)(D), (6) and (7) for underground operations for the applicant for approval of the transfer, assignment or sale of permit rights;

2. Advertise once the filing of the application in a newspaper of general circulation in the locality of the operations involved, indicating the name and address of the applicant, the permittee, the permit number or other identifier, the geographic location of the permit and the address to which written comments may be sent; and 3. Obtain appropriate performance bond coverage in an amount sufficient to cover the proposed operations, as required under 10 CSR 40-7.011.

(B) Public Participation. Any person having an interest which is or may be adversely affected by a decision on the transfer, assignment or sale of permit rights, including an official of any federal, state or local government agency, may submit written comments on the application to the director within thirty (30) days of the newspaper advertisement.

(C) Criteria for Approval. The director may allow a permittee to transfer, assign or sell permit rights to a successor, if s/he finds in writing that the successor— 1. Is eligible to receive a permit in accordance with 10 CSR 40-6.070(7) and (8);

2. Has submitted a performance bond or other guarantee, or obtained the bond coverage of the original permittee, as required by 10 CSR 40-7.011; and 3. Meets any other requirements specified by the director.

(D) Notification.

1. The director shall notify the permittee, the successor, commenters and the Office of Surface Mining Reclamation and Enforcement (OSMRE) of its findings.

2. The successor shall immediately provide notice to the director of the consummation of the transfer, assignment or sale of permit rights.

(E) Continued operation under existing permit. The successor in interest shall assume the liability and reclamation responsibilities of the existing permit and shall conduct the surface coal mining and reclamation operations in full compliance with the Act, the regulatory program and the terms and conditions of the existing permit, unless the applicant has obtained a new or revised permit as provided in this chapter.

RSMo Supp. 1999.* Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended:

Amended: Filed Aug. 1, 1980, effective Dec. 11, 1980. Amended: Filed Jan. 5, 1987, effective July 1, 1987. Amended: Filed March 21, 2000, effective Oct. 30, 2000. 1990, 1993, 1995 and 444.810, RSMo 1979, amended 1983, 1993, 1995.

##### **10 CSR 40-6.100** Underground Mining Permit Applications for legal, financial, compliance, and related information for underground mining permit applications pursuant to sections 444.810, 444.815, 444.820, 444.825, 444.835, 444.840, and 444.850, RSMo. {#sec-10-csr-40-6.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.100}

(1) Permanent program performance standards—underground mining activities requirements are found in 30 CFR Part 783 and 784, as in effect on January 1, 2018, are incorporated by reference in this rule. Copies may be obtained by contacting the U.S.

Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000 or online at https://www.gpo.gov.

This rule does not incorporate any subsequent amendments or additions.

Amended: Filed March 26, 2018, effective Nov. 30, 2018. *Original authority: 444.810, RSMo 1979, amended 1983,

**History**
- *AUTHORITY: section 444.810, RSMo 2016. Dec. 11, 1980. Amended: Filed Jan. 5, 1987, effective July 1, 1987. Amended: Filed July Amended: Filed March 21, 2000, effective Oct. 30, 2000. Amended: Filed Dec. 17, 2012, effective July 30, 2013. Amended: Filed July 15, 2013, effective Jan. 30, 2014.*

##### **10 CSR 40-6.110** Underground Mining Permit Applications—Minimum Requirements for Information on Environmental Resources {#sec-10-csr-40-6.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.110}

(Rescinded November 30, 2018)

Dec. 11, 1980. Amended: Filed Dec. 10, Filed Aug. 4, 1987, effective Nov. 23, 1987.

April 1, 1988. Amended: Filed March 2, 1989, effective May 15, 1989. Amended:

Filed July 3, 1990, effective Nov. 30, 1990.

Amended: Filed May 15, 1992, effective Jan. 15, 1993. Amended: Filed Dec. 17, 2012, effective July 30, 2013. Rescinded: Filed March 26, 2018, effective Nov. 30, 2018.

**History**
- *AUTHORITY: section 444.810, RSMo 2000.*

##### **10 CSR 40-6.120** Underground Mining Permit Applications—Minimum Requirements for Reclamation and Operations Plan {#sec-10-csr-40-6.120 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-6.120}

(Rescinded November 30, 2018)

Dec. 11, 1980. Amended: Filed Dec. 10, Filed Dec. 15, 1987, effective April 1, 1988.

Amended: Filed March 2, 1989, effective May 15, 1989. Amended: Filed May 2, 1989, effective Aug. 1, 1989. Amended: Filed July April 30, 1995. Amended: Filed March 21, Rescinded: Filed March 26, 2018, effective Nov. 30, 2018.

30CODE OF STATE REGULATIONS

**History**
- *AUTHORITY: section 444.810, RSMo 2000.*

### **Chapter 7** Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operation

##### **10 CSR 40-7.010** General Requirements for Bonding of Surface Coal Mining and Reclamation Operations 1979. Original rule filed Oct. 12, 1979, Filed Aug. 11, 1980, effective Dec. 11, 1980. {#sec-10-csr-40-7.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-7.010}

Amended: Filed Dec. 10, 1980, effective April 11, 1981. Rescinded: Filed Dec. 9, 1982, effective April 11, 1983.

##### **10 CSR 40-7.011** Bond Requirements for bonding of surface coal mining and reclamation operations pursuant to sections 444.830, 444.910 and 444.950, RSMo. {#sec-10-csr-40-7.011 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-7.011}

(1) Definitions.

(A) Increment means an area that is covered by a single bond and that is a portion of a permit area.

(B) Open pit means that area between the crest of the highwall to the toe of the spoil.

(C) Personal bond means an indemnity agreement is a sum certain executed by the permittee as principal which is supported by negotiable certificates of deposit or irrevocable letters of credit which may be drawn upon by the director if reclamation is not completed or if the permit is revoked prior to completion of reclamation.

(D) Phase I bond means a performance bond conditioned on the release of sixty percent (60%) of the bond upon the successful completion of Phase I reclamation of a permit area in accordance with the approved reclamation plan.

(E) Phase II bond means performance bond conditioned on the release of Phase II liability.

(F) Phase III bond means a performance bond conditioned on the release of Phase III liability.

(G) Self-bonding means an indemnity agreement in a sum certain executed by the applicant or by the applicant and any corporate guarantor and made payable to Missouri, with or without separate surety.

(H) Surety bond means an indemnity agreement in a sum certain payable to the regulatory authority, executed by the permittee as principal and which is supported by the performance guarantee of a corporation licensed to do business as a surety in the state where the operation is located.

(2) Requirement to File a Bond.

(A) After an application for a permit to conduct surface coal mining and reclamation operations has been approved under 10 CSR 40-6, but before the permit is issued, the applicant shall file with the director a performance bond payable to the State of Missouri.

The performance bond shall be conditioned upon the faithful performance of all the requirements of the Surface Coal Mining Law, the regulatory program, the permit and the reclamation plan, and bonded liability shall continue until reclamation is completed and approved by the director. In the event of forfeiture, the amount remaining on the bond may be used to complete reclamation in any location in the permit area.

(B) The applicant shall file, with the approval of the director, a bond or bonds under one (1) of the following schemes to cover the bond amounts for the permit area as determined in accordance with 10 CSR 40- 7.011(4):

1. A performance bond or bonds for the entire permit area;

2. A cumulative bond schedule and the performance bond required for full reclamation of the initial area to be disturbed; or 3. An incremental bond schedule and the performance bond required for the first increment in the schedule.

(3) Incremental Bonding.

(A) The applicant may file either a bond sufficient to cover the entire permit area or a bond for the increment in which the applicant will initiate and conduct surface coal mining and reclamation operations. Disturbance is prohibited on succeeding increments, underground shafts, tunnels, or operations prior to acceptance of bond.

(B) An operator shall not disturb acreage outside the boundary of a bonded increment until s/he has submitted to the director a bond for the proposed increment and has received notification from the director that the bond has been accepted.

(C) Independent increments shall be of sufficient size and configuration to provide for efficient reclamation operations should reclamation by the director become necessary pursuant to 10 CSR 40-7.031(3).

(D) The operator shall submit an incremental bonding schedule and identify the initial and successive areas or increments for bonding on the permit application map submitted for approval as provided in the application and shall specify the bond amount to be provided for each area or increment.

(4) Bond Amounts.

(A) The amount of the bond required for each bonded area shall:

1. Be determined by the director;

2. Depend upon the requirements of the approved permit and reclamation plan;

3. Reflect the probable difficulty of reclamation, giving consideration to such factors as topography, geology, hydrology, and revegetation potential; and 4. Be based on, but not limited to, the estimated cost submitted by the permit applicant.

(B) The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work has to be performed by the director in the event of forfeiture, and in no case shall the total bond initially posted for the entire area under one permit be less than ten thousand dollars ($10,000).

(5) Changing Bond Amounts.

(A) The amount of the bond required and the terms of the acceptance of the applicant’s bond shall be adjusted by the director from time-to-time as the area requiring bond coverage is increased or decreased or where the cost of future reclamation changes. The director may specify periodic times or set a schedule for reevaluating and adjusting the bond amount to fulfill this requirement.

(B) The director shall— 1. Notify the permittee and the surety, bank, savings and loan company, or thirdparty guarantor of any proposed adjustment to the bond amount; and 2. Provide the permittee an opportunity for an informal conference on the adjustment.

(C) A permittee may request reduction of the amount of the performance bond upon submission of evidence to the director proving that the permittee’s method of operation or other circumstances reduces the estimated cost for the regulatory authority to reclaim the bonded area. Bond adjustments which involve undisturbed land or revision of the cost estimate of reclamation are not considered bond releases subject to the procedures of 10 CSR 40-7.021(3).

(D) In the event that an approved permit is revised in accordance with 10 CSR 40- 6.090(4), the director shall review the bond for adequacy and, if necessary, shall require adjustment of the bond to conform to the permit as revised.

(6) Types of Bonds. The director may accept surety bonds, personal bonds and self-bonding.

(A) Surety bonds shall be subject to the following conditions:

1. The surety bond shall be submitted on a form provided by the director;

2. No bond of a surety company will be accepted unless the bond shall not be cancellable for any reason whatsoever, including, but not limited to, nonpayment of premium, bankruptcy or insolvency of the permittee or issuance of notices of violations or cessation orders and assessment of penalties with respect to the operations covered by the bond, except that surety bond coverage for lands not disturbed may be cancelled if the surety provides written notification and the director is in agreement. The director shall advise the surety, within thirty (30) days after receipt of a notice to cancel bond, whether the bond may be cancelled on an undisturbed area;

3. A surety company’s bond shall not be accepted in excess of ten percent (10%) of the surety company’s capital surplus account as shown on a balance sheet certified by a certified public accountant;

4. The total amount of the bonds issued by a surety on behalf of any permittee shall not exceed thirty percent (30%) of the surety company’s capital surplus account as shown on a balance sheet certified by a certified public accountant;

5. The surety shall be licensed to conduct a surety business in Missouri;

6. Both the surety and the permittee shall be primarily liable for completion of reclamation, with the surety’s liability being limited to the penalty amount of the bond;

7. The bond shall provide that— A. The surety will give prompt notice to the permittee and the director of any notice received or action filed alleging the insolvency or bankruptcy of the surety or alleging any violations of regulatory requirements which could result in suspension or revocation of the surety’s license to do business; and B. In the event the surety becomes unable to fulfill its obligations under the bond for any reason, notice shall be given immediately to the permittee and the director;

8. The bond shall provide a mechanism for a surety company to give prompt notice to the director and the permittee of any action filed alleging the insolvency or bankruptcy of the surety company, or the permittee, or alleging any violations which would result in suspension or revocation of the surety license to do business. Upon the incapacity of a surety by reason of bankruptcy or insolvency, or suspension or revocation of its license, the permittee shall be deemed to be without bond coverage in violation of subsection (2)(A) and shall promptly notify the director. The director, upon notification of the surety’s bankruptcy or insolvency, or suspension or revocation of its license, shall issue a notice of violation against any operator who is without bond coverage. The notice shall specify a reasonable period to replace bond coverage, not to exceed ninety (90) days. During this period, the director or his/her authorized agent shall conduct weekly inspections to ensure continuing compliance with other permit requirements, the regulatory program and the law. The notice of violation, if abated within the period allowed, shall not be counted as a notice of violation for purposes of determining a pattern of willful violation under 10 CSR 40-7.031(1)(F)2. and need not be reported as a past violation in permit applications under 10 CSR 40-6.030(2) or 10 CSR 40-6.100(2). If a notice of violation is not abated in accordance with the schedule, a cessation order shall be issued requiring immediate compliance with 10 CSR 40- 3.150(4). The operator shall also immediately begin to conduct reclamation operations in accordance with the reclamation plan. Mining operations shall not resume until the director has determined that an acceptable bond had been posted; and 9. The bond shall be forfeitable upon (B) Personal bonds secured by certificates of deposit shall be subject to the following conditions:

1. The bonds shall be submitted on a form provided by the director;

2. The certificate(s) shall be in the amount of the bond or in an amount greater than the bond and shall be made payable to or assigned to the State of Missouri, both in writing and upon the records of the bank or savings and loan company issuing the certificates, and shall be automatically renewable at the end of the term of the certificate. If assigned, banks and savings and loan companies issuing the certificate(s) waive all rights of set off or liens against the certificate(s);

3. Interest on the certificate of deposit shall be paid to the permittee;

4. No single certificate of deposit shall exceed the sum of one hundred thousand dollars ($100,000) nor shall any permittee submit certificates of deposit aggregating more than one hundred thousand dollars ($100,000) or the maximum insurable amount as determined by the Federal Deposit Insurance Corporation from a single bank or savings and loan company. The issuing bank or savings and loan company must be insured by the Federal Deposit Insurance Corporation;

5. The certificate of deposit shall be kept in the custody of the State of Missouri until the bond is released by the director;

6. The bank or savings and loan company issuing the certificate(s) of deposit for bonding purposes shall give prompt notice to the director and the permittee of any insolvency or bankruptcy of the bank or savings and loan company;

7. The bond shall provide a mechanism for a bank or savings and loan company to give prompt notice to the director and the permittee of any action filed alleging the insolvency or bankruptcy of the bank, savings and loan company or the permittee, or alleging any violations which would result in suspension or revocation of the bank or savings and loan company charter or license to do business. Upon the incapacity of any bank or savings and loan company by reason of insolvency or bankruptcy, or suspension or revocation of its charter or license the permittee shall be deemed to be without bond coverage in violation of subsection (2)(A). The director, upon notification of the bank’s or savings and loan company’s bankruptcy or insolvency, or suspension or revocation of its charter or license, shall issue a notice of violation against any operator who is without bond coverage. The notice shall specify a reasonable period to replace bond coverage, not to exceed ninety (90) days. During this period, the director or his/her authorized agent shall conduct weekly inspections to ensure continuing compliance with other permit requirements, the regulatory program and the law. A notice of violation, if abated within the period allowed, shall not be counted as a notice of violation for purposes of determining a pattern of willful violation under 10 CSR 40- 7.031(1)(F)2. and need not be reported as a past violation in permit applications under 10 CSR 40-6.030(2) or 10 CSR 40-6.100(2). If a notice of violation is not abated in accordance with the schedule, a cessation order shall be issued requiring immediate compliance with 10 CSR 40-3.150(4). The operator shall also immediately begin to conduct reclamation operations in accordance with the reclamation plan. Mining operations shall not resume until the director has determined that an acceptable bond has been posted; and 8. The bond shall be forfeitable upon (C) Personal bonds secured by letters of credit shall be subject to the following conditions:

1. The bond and the letters of credit shall be submitted on forms provided by the director;

2. The letter of credit shall be no less than the face amount of the bond and shall be 4CODE OF STATE REGULATIONS irrevocable. A letter of credit used as security in areas requiring continuous bond coverage shall be forfeited and shall be collected by the director if not replaced by other suitable bond or letter of credit at least thirty (30) days before its expiration date;

3. The beneficiary of the letter of credit shall be the State of Missouri;

4. The letter of credit shall be issued by a bank authorized to do business in the United States. If the issuing bank is located in another state, a bank located in Missouri must confirm the letter of credit. Confirmations shall be irrevocable and on a form provided by the director;

5. The letter of credit shall be governed by Missouri law. The Uniform Customs and Practice for Documentary Credits, fixed by the International Chamber of Commerce, shall not apply;

6. The letter of credit shall provide that the director may draw upon the credit by making a demand for payment, accompanied by his/her statement that the commission has declared the permittee’s bond forfeited;

7. The issuer of a letter of credit or confirmation shall warrant that the issuance will not constitute a violation of any statute or

regulation which limits the amount of loans or other credits which can be extended to any single borrower or customer or which limits the aggregate amount of liabilities which the issuer may incur at any one (1) time from issuance of letters of credit and acceptances;

8. The bank issuing the letter(s) of credit for bonding purposes shall give prompt notice to the director and the permittee of any insolvency or bankruptcy of the bank;

9. The bond shall provide a mechanism for a bank to give prompt notice to the director and the permittee of any action filed alleging the insolvency or bankruptcy of the bank or the permittee, or alleging any violations which would result in suspension or revocation of the bank’s charter or license to do business. Upon the incapacity of any bank by reason of insolvency or bankruptcy, or suspension or revocation of its charter or license, the permittee shall be deemed to be without bond coverage in violation of subsection (2)(A). The director, upon notification of the bank’s bankruptcy or insolvency, or suspension or revocation of its charter or license, shall issue a notice of violation against any operator who is without bond coverage. The notice shall specify a reasonable period to replace bond coverage, not to exceed ninety (90) days. During this period, the director or his/her authorized agent shall conduct weekly inspections to ensure continuing compliance with other permit requirements, the regulatory program and the law. A notice of violation, if abated within the period allowed, shall not be counted as a notice of violation for purposes of determining a pattern of willful violation under 10 CSR 40-7.031(1)(F)2. and need not be reported as a past violation in permit applications under 10 CSR 40- 6.030(2) or 10 CSR 40-6.100(2). If a notice of violation is not abated in accordance with the schedule, a cessation order shall be issued requiring the immediate compliance with 10 CSR 40-3.150(4). The operator shall also immediately begin to conduct reclamation operations in accordance with the reclamation plan. Mining operations shall not resume until the director has determined that an acceptable bond has been posted; and 10. The bond shall be forfeitable upon (D) Self-Bonding.

1. Definitions. For the purposes of this

section only— A. Current assets means cash or other assets or resources which are reasonably expected to be converted to cash or sold or consumed within one (1) year or within the normal operating cycle of the business;

B. Current liabilities means obligations which are reasonably expected to be paid or liquidated within one (1) year or within the normal operating cycle of the business;

C. Fixed assets means plant and equipment, but does not include land or coal in place;

D. Liabilities means obligations to transfer assets or provide services to other entities in the future as a result of past transactions;

E. Net worth means total assets minus total liabilities and is equivalent to owners’ equity;

F. Parent corporation means a corporation which owns or controls the applicant; and G. Tangible net worth means net worth minus intangibles such as goodwill and rights to patents or royalties.

2. The director may accept a self-bond if the following conditions are met by the applicant or its parent corporation guarantor:

A. The applicant designates an agent for service of process in the state;

B. The applicant has been in continuous operation as a business entity the five (5) years immediately preceding the application.

The director may accept the bond of a joint venture with fewer than five (5) years of continuous operation if each member has been in continuous operation for the five (5) years preceding the application;

C. The applicant submits financial information in sufficient detail to show one (1) of the following:

(I) The applicant has a current Moody’s Investor Service or Standard and Poor’s rating for its most recent bond issuance of A or higher;

(II) The applicant has a tangible net worth of at least ten (10) million dollars , a ratio of total liabilities to net worth of two and one-half (2 1/2) times or less and a ratio of current assets to current liabilities of 1.2 times or greater; or (III) The applicant’s fixed assets in the United States total at least twenty (20) million dollars and the applicant has a ratio of total liabilities to net worth of two and onehalf (2 1/2) times or less and a ratio of current assets to current liabilities of 1.2 times or greater; and D. The applicant submits— (I) Financial statements for the last complete fiscal year, accompanied by a report prepared by an independent certified public accountant, in conformity with generally accepted accounting principles, containing the accountant’s audit opinion or review opinion of the financial statements with no adverse opinion; and (II) Unaudited financial statements for completed quarters in the current fiscal year; and (III) Additional unaudited information as requested by the director.

3. Parent and non-parent corporation third-party guarantors.

A. The director may accept a written guarantee for an applicant’s self-bond from a parent corporation guarantor, if the guarantor meets the conditions of paragraph (6)(D)2.A. through D. as if it were the applicant. Such a written guarantee shall be referred to as a “corporate guarantee.” The terms of the corporate guarantee shall provide for the following:

(I) If the applicant fails to complete the reclamation plan, the guarantor shall do so or the guarantor shall be liable under the indemnity agreement to provide funds to the director sufficient to complete the reclamation plan, but not to exceed the bond amount.

(II) The corporate guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail to the applicant and to the director at least ninety (90) days in advance of the cancellation date, and the director accepts the cancellation.

(III) The cancellation may be accepted by the director if the applicant obtains suitable replacement bond before the cancellation date or if the lands for which the self-bond, or portion thereof, was accepted have not been disturbed.

B. The director may accept a written guarantee for an applicant’s self-bond from a non-parent corporation guarantor if the guarantor meets the conditions of subparagraphs (6)(D)2.A. through D. as if it were the applicant. The applicant must still meet the requirements of subparagraphs (6)(D)2.A., B. and D. of this rule. The written guarantee shall provide for the following:

(I) If the applicant fails to complete the reclamation plan, the guarantor shall do so or the guarantor shall be liable under the indemnity agreement to provide to the director funds, up to the bond amount, sufficient to complete the reclamation plan;

(II) The non-parent corporation guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail to the applicant and to the director at least ninety (90) days in advance of the cancellation date and the director accepts the cancellation; and (III) The cancellation may be accepted by the director only if the applicant obtains suitable replacement bond before the cancellation or if the covered lands have not been disturbed.

4. The total amount of the outstanding and proposed self-bonds for surface coal mining and reclamation operations shall not exceed twenty-five percent (25%) of the applicant’s or third-party guarantor’s tangible net worth in the United States, as determined by a certified public accountant.

5. For a self-bond, the guarantor shall execute an indemnity agreement according to the following:

A. The indemnity agreement shall be executed and signed by all persons and parties who are to be bound by it, including the parent and non-parent corporations, and shall bind each jointly and severally. If the applicant is a partnership, joint venture or a syndicate, the agreement shall bind the partner or party who has a beneficial interest, directly or indirectly, in the applicant;

B. Corporations applying for a selfbond, and parent and non-parent corporations guaranteeing a permittee’s self-bond, shall submit an indemnity agreement signed by two (2) corporate officers who are authorized to bind the corporations. A copy of the authorization shall be provided to the director along with an affidavit certifying that the agreement is valid under all applicable federal and state laws. In addition, the guarantor shall provide a copy of the corporate authorization demonstrating that the corporation may guarantee the self-bond and execute the indemnity agreement; and C. Pursuant to 10 CSR 40-7.031(3), the applicant, parent and non-parent corporation shall be required to complete the approved reclamation plan for the lands in default or to pay to the director an amount necessary to complete the approved reclamation plan, not to exceed the bond amount. If permitted under state law, the indemnity agreement when under forfeiture shall operate as a judgement against those parties liable under the indemnity agreement.

6. Self-bonded permittees and thirdparty guarantors shall submit an update of the information required under subparagraphs (6)(D)2.C. and D. within ninety (90) days after the close of their fiscal years.

7. If the financial conditions of the permittee or the third-party guarantor change so that the criteria of this section are not satisfied, the permittee shall notify the director immediately and post an alternate bond in the same amount as the self-bond.

8. Upon notification that the financial conditions of the permittee no longer satisfy this section, the permittee shall be deemed to be without bond coverage in violation of sub-

section (2)(A). The director shall issue a notice of violation against any operator who is without bond coverage. The notice shall specify a reasonable period to replace bond coverage,not to exceed ninety (90) days.

During this period, the director or his/her authorized agent shall conduct weekly inspections to ensure continuing compliance with other permit requirements, the regulatory program and the law. The notice of violation, if abated within the period allowed, shall not be counted as a notice of violation for purposes of determining a pattern of willful violation under 10 CSR 40-7.031(1)(F)2. and need not be reported as a past violation in permit applications under 10 CSR 40- 6.030(2) or 10 CSR 40-6.100(2). If a notice of violation is not abated in accordance with the schedule, a cessation order shall be issued requiring immediate compliance with 10 CSR 40-3.150(4). The operator shall also immediately begin the conduct reclamation operations in accordance with the reclamation plan. Mining operations shall not resume until the director has determined that an acceptable bond has been posted.

9. The bond shall be forfeitable upon (7) Replacement of Bonds.

(A) Permittees may replace existing surety or personal or self-bonds with other surety or personal or self-bonds, if the liability which has accrued against the permittee on the permit area is transferred to these replacement bonds.

(B) Existing performance bonds will not be released until the permittee has submitted and the director has approved acceptable replacement performance bonds. A replacement of performance bonds pursuant to this section shall not constitute a release of liability under 10 CSR 40-7.021.

June 27, 1986, effective July 7, 1986, expired Nov. 4, 1986. Amended: Filed June 27, 1986, effective Oct. 27, 1986. Amended: Filed Dec. 15, 1987, effective April 1, 1988. Rescinded and readopted: Filed Sept. 15, 1988, effective Jan. 15, 1989. Amended: Filed July 3, 1990, effective Nov. 30, 1990. Amended:

Filed May 15, 1992, effective Jan. 15, 1993.

Amended: Filed Sept. 15, 1994, effective April 30, 1995. Amended: Filed March 21, 2000, effective Oct. 30, 2000. Emergency amendment filed Dec. 21, 2005, effective Jan. 1, 2006, expired June 29, 2006. Amended:

Filed Dec. 1, 2005, effective July 30, 2006.

##### **10 CSR 40-7.020** Form, Conditions and Terms of Performance Bonds and Liability Insurance 1979. Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended: Filed Dec. 10, 1980, effective April 11, 1981. Rescinded: {#sec-10-csr-40-7.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-7.020}

Filed Dec. 9, 1982, effective April 11, 1983.

##### **10 CSR 40-7.021** Duration and Release of Reclamation Liability for the duration and release of reclamation liability pursuant to sections 444.810, 444.830, 444.855, 444.875 and 444.950, RSMo. {#sec-10-csr-40-7.021 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-7.021}

(1) Period of Liability.

(A) Liability applicable to a permit shall continue until all reclamation, restoration and abatement work required of the permittee under the regulatory program and the provisions of the permit and reclamation plan have been completed and the permit terminated by release of the permittee from any further liability in accordance with this rule.

(B) Duration of Phase III Liability.

1. The period of Phase III liability shall begin when Phase II liability is released.

6CODE OF STATE REGULATIONS

2. The permittee, on areas under Phase III liability or the five (5)-year responsibility period, may use normal husbandry practices including mowing; application of pesticides; application of soil amendments equal to or less than that recommended by the high management yield goals of the United States Soil Conservation Service, United States Department of Agriculture (USDA); subsoiling which occurs less than two feet (2') below the surface and which does not remove the vegetation from the surface; burning; overseeding to maintain the approved composition of the stand; tree planting and tree pruning. These practices shall not cause the Phase III liability period or the five (5)-year responsibility period to be extended if the permittee can demonstrate that—1) discontinuance of these measures after the liability period expires will not reduce the probability of permanent revegetation success, 2) the practices are normal husbandry practices within the region on unmined lands having land uses similar to the approved postmining land use of the area and 3) the practices are necessary to prevent exploitation, destruction or neglect of the resource and to maintain the prescribed level of use or productivity. Repair of rills and gullies shall not cause the Phase III liability period to be extended when rills and gullies develop after the initiation of the Phase III liability period and when that repair is restricted to the filling, grading and reseeding of the eroded portion of the area.

3. A portion of the permit area that requires augmentation may be separated from the original area upon approval by the commission or director. The period of Phase III liability shall commence anew on the area requiring augmentation when the augmentation is completed. The period of liability for the area which did not require augmentation shall continue in effect without extension.

(C) A regulatory authority may terminate its jurisdiction under the regulatory program over the reclaimed site of a completed surface coal mining and reclamation operation or increment, when the regulatory authority determines in writing that under the— 1. Initial program all requirements imposed under 10 CSR 40-2, 10 CSR 40-3,

##### **10 CSR 40-4** and 10 CSR 40-8 have been successfully completed; or 2. Permanent program all requirements imposed under the applicable regulatory program have been successfully completed or, where a performance bond was required, the regulatory authority has made a final decision in accordance with this chapter to release the performance bond fully. {#sec-10-csr-40-4 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-4}

(D) Following a termination under subsection (1)(C) of this rule, the regulatory authority shall reassert jurisdiction under the regulatory program over a site if it is demonstrated that the bond release or written determination referred to in subsection (1)(C) of this

rule was based upon fraud, collusion or misrepresentation of a material fact.

(2) Criteria and Schedule for Release of Reclamation Liability. Reclamation liability shall be released in three (3) phases.

(A) An area shall qualify for release of Phase I liability upon completion of backfilling and grading, topsoiling, drainage control and initial seeding of the disturbed area.

Phase I bond shall be retained on unreclaimed temporary structures, such as roads, siltation structures, diversions and stockpiles.

(B) An area shall qualify for release of Phase II liability when— 1. A permanent vegetative cover that meets the approved reclamation plan and is sufficient to control erosion is in place and no further augmentation of the vegetation is necessary;

2. With respect to woodlands and wildlife areas, the stocking of trees and shrubs has been established in accordance with 10 CSR 40-3.120(7) or 10 CSR 40- 3.270(7);

3. The lands are not contributing suspended solids to stream flow or runoff outside the permit area in excess of the requirements of section 444.855.2(10), RSMo, 10 CSR 40-3 and 10 CSR 40-4, the regulatory program or the permit;

4. A plan for achieving Phase III release has been approved for the area requested for release and the plan has been incorporated into the permit;

5. For the prime farmland soils, the soil productivity for prime farmlands shall have been returned to the equivalent levels of yield as non-mined land of the same soil type in the surrounding areas under equivalent management practices as determined from the soil survey performed pursuant to 10 CSR 40- 4.030; and 6. Where a silt dam is to be retained as a permanent impoundment pursuant to 10 CSR 40-3.040(10), the Phase II portion of the bond may be released under this subsection as long as provisions for sound future maintenance by the operator or the landowner have been made with the director.

(C) An area shall qualify for release of Phase III liability when— 1. Vegetation has been established in accordance with the approved reclamation plan and the standards for the success of revegetation are met;

2. As required by 10 CSR 40-6.060(4) and 10 CSR 40-4.030, soil productivity, with respect to prime farmlands, has been returned to the equivalent levels of yield as non-mined prime farmland of the same soil type in the surrounding area under equivalent management practices, as determined from the soil survey performed under section 444.820.2(16), RSMo and the plan approved under 10 CSR 40-6.060(4);

3. The permittee has successfully completed all surface coal mining and reclamation operations in accordance with the approved reclamation plan so that the land is capable of supporting any postmining land use approved pursuant to 10 CSR 40-3.130 or 10 CSR 40-3.300;

4. The permittee has achieved compliance with the requirements of the law, the regulatory program and the permit; and 5. The applicable liability period under

section 444.855.2(20), RSMo and this rule has expired.

(D) Bond Release.

1. Phase I—After the operator completes the backfilling, grading, topsoiling, drainage control, and initial seeding of the disturbed area in accordance with the approved reclamation plan, the director may release sixty percent (60%) of the bond for the applicable area.

2. Phase II—After vegetation has been established on the regraded mined lands in accordance with the approved reclamation plan, the director may release an additional amount of bond. When determining the amount of bond to be released after successful vegetation has been established, the director shall retain that amount of bond for the vegetated area which would be sufficient to cover the cost of reestablishing vegetation if completed by a third party and for the period specified in 10 CSR 40-7.021(1)(B) for reestablishing vegetation.

3. Phase III—After the operator has completed successfully all surface coal mining and reclamation activities, the director may release the remaining portion of the bond, but not before the expiration period specified for the period of liability in 10 CSR 40-7.021(1)(B).

(E) The permit shall terminate on all areas where all bonds have been released.

(3) Procedures for Obtaining Release of Reclamation Liability.

(A) Reclamation Liability Release Application. The permittee may file an application with the commission for release of all or part of the reclamation liability applicable to a particular permit when all or part of the permit area meets the requirements of subsection (2)(A), (B), (C) or (E).

1. The application shall include copies of letters sent to the owner of the surface rights of the proposed release area, lessee of surface rights of the proposed release area, owners of adjoining property, the clerk of the county (and city, if any) in which any portion of the permit area lies and any planning or zoning authority, sewer district or company or water district or company whose jurisdiction or service area encompasses any portion of the permit area, notifying them of the permittee’s intention to seek release of reclamation liability. These letters shall be sent before the permittee files the application for release. The letters sent to the owner of surface rights and any county or city clerk shall be certified.

2. Within forty-five (45) days after filing the application for release, the permittee shall submit proof of— A. The advertisement required by subsection (3)(B) of this rule; and B. Receipt of the letters sent to the surface owner and county or city clerks under paragraph (3)(A)1. or proof of good faith effort to deliver the letters.

(B) Newspaper Advertisement of Application. At or before the time of filing an application under this section, the permittee shall advertise the filing of the application in a newspaper of general circulation in the locality of the permit area. The advertisement shall— 1. Be placed in the newspaper at least once a week for four (4) consecutive weeks, with the last publication occurring within thirty (30) days after the application for release is filed;

2. Show the name of the permittee, including the number and date of issuance or renewal of the permit;

3. Show the location and the number of acres of lands subject to the application;

4. Show the total amount of bond in effect for the permit area and the amount for which release is sought, if applicable;

5. State the phase of liability for which release is being sought and summarize the reclamation work that must have been completed to qualify for the release;

6. State, if a Phase III release is requested, that this represents total release of the permittee’s liability; and 7. State that written comments, objections and requests for a public hearing may be submitted to the commission, provide the address of the commission’s office and the closing date by which comments, objections and requests must be received, which date shall be sixty (60) days after the filing of the application.

(C) At the time of final or Phase III bond release submittal, the operator shall include evidence that an affidavit has been recorded with the recorder of deeds in the county where the mined land is located generally describing the parcel or parcels of land where operations such as underground mining, auger mining, covering of slurry ponds, or other underground activities occurred which could impact or limit future use of that land.

This requirement shall be applicable to mined land where Phase I reclamation was completed on or after September 1, 1992.

(D) Notarized Statement of Accomplished Reclamation. The permittee shall include in the application for reclamation liability release a notarized statement which certifies that all applicable reclamation activities have been accomplished in accordance with the requirements of the Surface Coal Mining Law, the regulatory program, and the approved reclamation plan. Such certification shall be submitted for each application and each phase of bond release.

(4) Objections, Inspections, Review, Decision and Public Hearings for Release of Reclamation Liability.

(A) Objections.

1. Written objections to the proposed liability release may be filed with the commission by any affected person within sixty (60) days after the filing of the application.

For the purpose of this rule, an affected person is— A. Any person with a valid legal interest which might be adversely affected by the liability release; or B. The responsible officer or head of any federal, state or local governmental agency which— (I) Has jurisdiction by law or special expertise with respect to any environmental, social or economic impact involved in the operation; or (II) Is authorized to develop and enforce environmental standards with respect to surface coal mining and reclamation operations.

2. At the time of filing written objections, the objector may request that a public hearing be held. If a public hearing is requested— A. The hearing shall be held in the locality of the surface coal mining operation proposed for bond release or in Cole County, at the option of the objector, within ninety (90) days after the application was filed;

B. The director shall inform the permittee and all persons who have filed objections or comments of the time, date and place of the hearing and shall publish notice of the hearing in a newspaper of general circulation in the locality of the permit area once a week for two (2) consecutive weeks before the hearing;

C. The hearing shall be adjudicatory in nature. The commission may subpoena witnesses and printed materials, and compel the attendance of witnesses and production of the materials at the hearing. A verbatim record of the hearing shall be made and the transcript made available at the request of any party or by order of the commission; and D. At the hearing, the permittee shall have the burden of presenting a preponderance of evidence to show that the area meets all criteria for release of liability.

(B) Inspection. The commission shall cause an inspection and evaluation of the reclamation work involved to be made within thirty (30) days after receiving a completed application for liability release or as soon after that as weather conditions permit. The surface owner and lessee of the surface rights or their representatives shall be given notice of the inspection and may accompany the inspector on the inspection. The director may arrange with the permittee to allow access to the permit area, upon request by any person with an interest in bond release, for the purpose of gathering information relevant to the proceeding.

(C) Review and Decision.

1. The commission shall decide to release or not to release the reclamation liability as follows:

A. Not before the sixtieth day but not after the ninetieth day from the receipt of the application if no hearing is held pursuant to subsection (4)(A)2. and if the inspection was held within thirty (30) days of receipt of the application;

B. If a hearing is held pursuant to paragraph (4)(A)2. or subsection (4)(D), within thirty (30) days after the public hearing; or C. If the inspection is delayed due to unfavorable weather, within sixty (60) days of the inspection, but not before the sixtieth day from the receipt of the application.

2. The commission shall notify, in writing, the permittee and all persons who have filed objections or comments of its decision to release or not to release reclamation liability within ten (10) days of making the decision.

3. The notice of the decision shall state the reasons for the decision and recommend corrective actions necessary to secure the release.

(D) Right to a Public Hearing. At the time the permittee is notified of the decision of the commission under paragraph (4)(C)2. of this 8CODE OF STATE REGULATIONS

rule, s/he shall also be notified of his/her right to a public hearing, if the application for release of liability has been denied and if a public hearing has not been held. The permittee may request a hearing within thirty (30) days after being notified on the decision of the commission.

1. The hearing shall be held in the locality of the surface coal mining operation that was proposed for bond release or in Cole County, at the option of the permittee, within ninety (90) days after the permittee is notified of the decision of the commission.

2. The director shall inform the permittee and all persons who have filed comments of the time, date and place of the hearing and shall publish notice of the hearing in a newspaper of general circulation in the locality of the permit area once a week for two (2) consecutive weeks before the hearing.

3. The hearing shall be adjudicatory in nature. The commission may subpoena witnesses and printed materials and compel the attendance of witnesses and production of the materials at the hearing. A verbatim record of the hearing shall be made and the transcript made available at the request of any party or by order of the commission.

4. At the hearing, the permittee shall have the burden of presenting a preponderance of evidence to show that the area meets all criteria for release of liability.

(5) At the time of final or Phase III bond release submittal, the operator shall include evidence that an affidavit has been recorded with the recorder of deeds in the county where the mined land is located, generally describing the parcel(s) of land where operations such as underground mining, auger mining, covering of slurry ponds, or other underground activities occurred which could impact or limit future use of that land. This requirement shall be applicable to mined land where Phase I reclamation was completed on or after September 1, 1992.

April 11, 1983. Amended: Filed June 27, 1986, effective Oct. 27, 1986. Amended:

Filed Aug. 4, 1987, effective Nov. 23, 1987.

Rescinded and readopted: Filed Sept. 15, 1988, effective Jan. 15, 1989. Amended:

Filed July 3, 1990, effective Nov. 30, 1990.

Amended: Filed May 15, 1992, effective Jan. 15, 1993. Amended: Filed Sept. 15, 1994, effective April 30, 1995. Amended: Filed March 21, 2000, effective Oct. 30, 2000.

Emergency amendment filed Dec. 21, 2005, effective Jan. 1, 2006, expired June 29, 2006.

Amended: Filed Dec. 1, 2005, effective July 30, 2006.

##### **10 CSR 40-7.030** Procedures, Criteria and Schedule for Release of Performance Bonds 1979. Original rule filed Oct. 12, 1979, Filed Aug. 13, 1980, effective Dec. 11, 1980. {#sec-10-csr-40-7.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-7.030}

Amended: Filed Dec. 10, 1980, effective April 11, 1981. Rescinded: Filed Dec. 9, 1982, effective April 11, 1983.

##### **10 CSR 40-7.031** Permit Revocation, Bond Forfeiture and Authorization to Expend Reclamation Fund Monies {#sec-10-csr-40-7.031 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-7.031}

PURPOSE: This rule clarifies, revises and sets forth requirements, criteria and procedures for permit revocation, bond forfeiture and authorization to expend reclamation fund monies pursuant to sections 444.810, 444.830, 444.885, 444.960 and 444.970, RSMo.

(1) Criteria for Permit Suspension or Revocation. A permit shall be subject to suspension or revocation if any of the following conditions apply:

(A) The permittee has failed to abate a notice of delinquent reclamation within the time established for the abatement;

(B) The permittee has failed to abate a cessation order within the time established pursuant to 10 CSR 40-8.030(6)(C)3.;

(C) The permittee has become insolvent, failed in business, been adjudicated bankrupt, filed a petition in bankruptcy or for a receiver or had such a petition filed against him/her; or had a receiver appointed by any court or a creditor of the permittee, has attached or executed a judgment against the permittee’s equipment, materials or facilities at the permit area, and the permittee cannot demonstrate or prove the ability to continue to operate in compliance with the regulatory program and the permit and plan;

(D) Any other permit issued to the permittee, or to any entity in which the permittee is a principal, or to any entity in which a principal of the permittee is a principal, or to an entity controlled by or under common control with the permittee, has been revoked and the reclamation plan for that permit has not been completed; or if the reclamation plan for that permit has been completed, the person to whom that permit was issued has not fully paid the costs of the completion to the reclamation fund;

(E) The permittee has failed to comply with any conditions established by the commission pursuant to paragraph (2)(E)1. or 2.; or (F) A pattern of violations of any requirements of the regulatory program, or any permit conditions required by the law, exists or has existed and the violations were caused by the permittee willfully or through unwarranted failure to comply with those requirements or conditions.

1. Willful violation means an act or omission which violates the regulatory program or any permit condition required by the regulatory program, committed by a person who intends the result which actually occurs.

Unwarranted failure to comply means the failure of the permittee to prevent the occurrence of any violation of the permit or any requirement of the regulatory program due to indifference, lack of diligence or lack of reasonable care, or the failure to abate any violation of the permit or the regulatory program due to indifference, lack of diligence or lack of reasonable care. Violations by any person conducting surface coal mining operations on behalf of the permittee shall be attributed to the permittee unless the permittee establishes that they were acts of deliberate sabotage.

2. The commission or director may determine that a pattern of violations exists, or has existed, based on two (2) or more inspections of the permit area within any twelve (12) months after considering the circumstances, including:

A. The number of violations cited on more than one (1) occasion of the same or related requirements of the regulatory program or the permit;

B. The number of violations cited on more than one (1) occasion of different requirements of the regulatory program or the permit; and C. The extent to which the violations were isolated departures from lawful conduct.

3. The director shall promptly review the history of violations of any permittee who has been cited for violations of the same or related requirements of the program or the permit during three (3) or more inspections of the permit area within any twelve (12)month period. If, after the review, the director determines that a pattern of violations exists or has existed, s/he shall issue an order to show cause as provided in subsection (2)(A) of this rule.

4. Whenever a permittee fails to abate a violation contained in a notice of violation or cessation order within the abatement period set in the notice of violation or cessation order or as subsequently extended, the director shall review the permittee’s history of violations to determine whether a pattern of violations exists pursuant to this section and, if so, shall issue an order to show cause as provided for in subsection (2)(A) of this rule.

(2) Procedures.

(A) If the director determines that a permit should be revoked or suspended as set out in

section (1), s/he shall issue an order to the permittee, by certified mail or hand delivery, requiring him/her to show cause why his/her permit and right to mine under the regulatory program should not be suspended or revoked. A copy of this show-cause order shall be filed with the commission.

(B) Upon receipt of the show-cause order, the permittee shall have thirty (30) days in which to answer the show-cause order and request a hearing before the commission to show cause why the permit should not be suspended or revoked. If a hearing is requested— 1. It shall be held within sixty (60) days of the receipt of the request by the commission;

2. The director shall advertise the time and place of the hearing once a week for two (2) weeks in a newspaper in the locality of the permit; and 3. Notice of the hearing, if any portion of the permit is bonded, shall be sent by the director to any surety or issuer of letter of credit, or guarantor of self-bonding.

(C) If the permittee fails to request a hearing within the time allowed, the matters set forth in the show-cause order shall be conclusive and the commission shall issue its findings of fact, conclusions of law and order declaring the permit revoked at the first regularly scheduled commission meeting following the expiration of the thirty (30)-day period provided to request a hearing.

(D) If a hearing is held pursuant to sub-

section (2)(B) of this rule, the commission shall issue a written findings of facts and conclusions of law and, if appropriate, an order suspending or revoking the permit within forty-five (45) days after the hearing.

(E) In lieu of the hearing provided for in subsection (2)(B) of this rule, the commission either may— 1. Enter into a consent order with the permittee to correct the underlying causes of the show-cause order if the consent agreement will not unreasonably delay reclamation; or 2. Extend the abatement period as follows if the cause of the show-cause order is a failure to abate a notice of delinquent reclamation within the time established for the abatement:

A. The extension of the abatement period shall be set by the commission and shall not exceed one (1) year from the abatement date established pursuant to 10 CSR 40- 8.030(18)(B) or (C) that the permittee did not meet;

B. An extension may only be approved if the commission finds that the failure to abate the notice of delinquent reclamation is not due to a lack of diligence by the permittee.

(3) Bond Forfeiture.

(A) If a permit is revoked, the commission shall declare all applicable bonds to be forfeited.

(B) If the director determines that the surety, issuer of a letter of credit or certificate of deposit, guarantor of self-bonding or former permittee desires to and is capable of completing reclamation, or a portion of reclamation, the director, with approval of the commission and under additional terms and conditions as s/he deems necessary or prudent to assure that reclamation, or a portion of reclamation, is completed expeditiously, may enter into an agreement with the surety, issuer of a letter of credit or certificate of deposit, or former permittee where the person is allowed to complete reclamation, or a portion, on a set schedule of compliance in lieu of collection of the forfeited bond. The reclamation operations shall be in accordance with a compliance schedule which meets the conditions of the regulatory program. The performer of reclamation shall also demonstrate that they have the ability to satisfy the conditions, except where the commission may approve partial releases authorized under 10 CSR 40-7.021(2), no surety, issuer or guarantor liability shall be released until successful completion of all reclamation under the terms of the permit, including applicable liability periods of 10 CSR 40-7.021(1). If the surety, issuer of a letter of credit or certificate of deposit or former permittee fails to complete reclamation, or a portion of reclamation, according to the schedule of compliance, the director shall take action to collect the forfeited bond and any instruments securing the bond.

(C) The entry of an order declaring a bond forfeited shall automatically authorize the director, with the assistance of the attorney general, if necessary, to take whatever actions are necessary to collect the forfeited bond and any instruments securing the bond.

(4) Declaration of Permit Revocation.

(A) For bonds forfeited before January 1, 2006, the director is authorized to utilize duly appropriated reclamation fund monies as specified in 10 CSR 40-7.041(1) to ensure compliance with all applicable regulations and satisfactory completion of the reclamation plan;

(B) For bonds forfeited on or after January 1, 2006, the director is authorized to utilize forfeited bonds to ensure compliance with all applicable regulations and satisfactory completion of the reclamation plan.

1. In the event the estimated amount forfeited is insufficient to pay for the full cost of reclamation, the operator shall be liable for remaining costs. The director may complete or authorize completion of reclamation of the bonded area and may recover from the operator all costs of reclamation in excess of the amount forfeited.

2. In the event the amount of performance bond forfeited is more than the amount necessary to complete reclamation, the unused funds shall be returned by the director to the party from whom they were collected.

Sept. 26, 1985, effective Oct. 7, 1985, expired Feb. 4, 1986. Amended: Filed Dec. 3, 1985, effective March 24, 1986. Rescinded and readopted: Filed June 27, 1986, effective Oct. 27, 1986. Amended: Filed Sept. 15, 1988, effective Jan. 15, 1989. Amended:

Filed July 3, 1990, effective Nov. 30, 1990.

Amended: Filed May 15, 1992, effective Jan. 15, 1993. Emergency amendment filed Dec. 21, 2005, effective Jan. 1, 2006, expired June 29, 2006. Amended: Filed Dec. 1, 2005, effective July 30, 2006.

##### **10 CSR 40-7.040** Performance Bond Forfeiture Criteria and Procedure 1979. Original rule filed Oct. 12, 1979, Filed Dec. 10, 1980, effective April 11, 1981. {#sec-10-csr-40-7.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-7.040}

Rescinded: Filed Dec. 9, 1982, effective April 11, 1983.

10CODE OF STATE REGULATIONS

JASONKANDER(6/30/13)

##### **10 CSR 40-7.041** Form and Administration of the Coal Mine Land Reclamation Fund for administration of the Coal Mine Land Reclamation Fund pursuant to sections 444.960, 444.965 and 444.970, RSMo. {#sec-10-csr-40-7.041 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-7.041}

(1) Expenditure of Reclamation Fund Monies.

(A) After revocation of a permit and forfeiture of the associated bonds, Reclamation Fund monies shall be used by the director to complete reclamation pursuant to the approved reclamation plan and shall be used for administrative costs to the commission resulting directly from activities necessary to complete reclamation. All monies assessed for the Coal Mine Land Reclamation Fund after September 1, 1988, are allocated so that forty percent (40%) of the assessments are applied to the reclamation of those permits that have been revoked by the commission prior to September 1, 1988, and sixty percent (60%) of the assessments are applied to the reclamation of those permits that have been revoked by the commission after September 1, 1988. All monies within the Coal Mine Land Reclamation Fund as of September 1, 1988, are allocated to forfeitures which occurred before September 1, 1988. The monies within the fund may be utilized by the director on any phase of reclamation.

(B) Proceeds from any collectable performance bonds shall be expended or committed to specific aspects of reclamation to which the bonds apply before Reclamation Fund monies are employed to complete those aspects of reclamation, except that— 1. Reclamation Fund monies may be expended by the director before proceeds from bonds are expended or committed when the expenditure will result in a net savings to the Reclamation Fund; and 2. Reclamation Fund monies shall be expended by the director before proceeds from bonds are expended or committed when expeditious work is necessary to comply with the laws, regulations, conditions of the permit or reclamation plan. This work may include, but shall not be limited to, treatment of acid mine drainage, erosion control and maintenance of water control structures.

(C) No Reclamation Fund monies may be used to correct disturbances that were caused by a person who did not have a duly approved permanent program permit.

(2) Reimbursement of the Reclamation Fund.

(A) If a permittee fails to complete a reclamation plan and the completion must be made by or on behalf of the commission, the permittee or any principal of the permittee or any entity in which a principal of the permittee is a principal or any entity controlled by or under common control with the permittee shall not operate a coal mining operation in Missouri until the costs of the completion have been fully paid by the permittee to the Reclamation Fund.

(B) The amount to be repaid to the Reclamation Fund shall include the interest that the state treasurer could have earned on the monies expended if the expenditure had not been made.

(C) The commission shall pursue all legal remedies available to it to recover monies expended from the Reclamation Fund from the responsible permittee, except where the commission in its sole judgment determines that the cost of pursuing the legal remedies will be greater than the sums expected to be recovered. The cost of pursuing the legal remedies shall be charged to the Reclamation Fund.

June 27, 1986, effective July 7, 1986, expired Nov. 4, 1986. Amended: Filed June 27, 1986, effective Oct. 27, 1986. Rescinded and readopted: Filed Sept. 15, 1988, effective Jan. 15, 1989. Amended: Filed May 15, 1992, effective Jan. 15, 1993. Amended: Filed Sept. 15, 1994, effective April 30, 1995. Emergency amendment filed Dec. 21, 2005, effective Jan. 1, 2006, expired June 29, 2006. Amended: Filed Dec. 1, 2005, effective July 30, 2006. 1993.

##### **10 CSR 40-7.050** Requirements, Conditions and Terms of Liability Insurance {#sec-10-csr-40-7.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-7.050}

PURPOSE: This rule sets forth the requirements, conditions and terms of liability insurance pursuant to sections 444.810 and 444.830, RSMo.

(1) Requirement to File a Certificate of Liability Insurance. Each applicant for a permit shall submit as part of the permit application a certificate issued by an insurance company authorized to do business in this state.

(2) Terms and Conditions for Liability Insurance.

(A) The applicant shall submit, at the time of permit application, a certificate certifying that the applicant has a public liability insurance policy in force for the surface coal mining and reclamation operation for which the permit is sought. The policy shall provide for personal injury and property damage protection in an amount adequate to compensate all persons injured or property damaged as a result of surface coal mining and reclamation operations, including the use of explosives and damage to water wells and any entitlement to compensation under the applicable provisions of state law. Minimum insurance coverage for bodily injury shall be three hundred thousand dollars ($300,000) for each occurrence and five hundred thousand dollars ($500,000) aggregate; and minimum insurance coverage for property damage shall be three hundred thousand dollars ($300,000) for each occurrence and five hundred thousand dollars ($500,000) aggregate.

(B) The policy shall be maintained in full force during the life of the permit or any renewal, including completion of all reclamation operations.

(C) The policy shall include a rider requiring that the insurer notify the director whenever substantive changes are made in the policy, including any termination or failure to renew.

April 11, 1983. Amended: Filed Dec. 17, 2012, effective July 30, 2013.

### **Chapter 8** Definitions and General Requirement

##### **10 CSR 40-8.010** Definitions {#sec-10-csr-40-8.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-8.010}

PURPOSE: This rule sets forth definitions applicable to 10 CSR 40-3–10 CSR 40-9, pursuant to section 444.810, RSMo.

Editor’s Note: The secretary of state has expensive. The entire text of the rule has been filed with the secretary of state. ASTM Standard D 388-77 is incorporated by reference as it exists on February 11, 1980. The entire text of this rule may be found at the headquarters of the agency and is available to any interested person at a cost established by (1) Definitions.

(A) As used throughout 10 CSR 40-3–10 CSR 40-9, the following terms have the specified meaning except where otherwise indicated:

1. Acid drainage means water with a pH of less than six (6) and in which total acidity exceeds total alkalinity, discharged from an active, inactive or abandoned surface coal mine and reclamation operation or from an area affected by surface coal mining and reclamation operations;

2. Acid-forming materials mean earth materials that contain sulfide minerals or other materials which, if exposed to air, water or weathering processes, form acids that may create acid drainage;

3. Act means the Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87);

4. Adjacent area means land located outside the affected area, permit area or mine area, depending on the context in which adjacent area is used, where air, surface or ground water, fish, wildlife, vegetation or other resources may be adversely impacted by surface coal mining and reclamation operations including probable impacts from underground workings;

5. Affected area means any land or water surface area which is used to facilitate, or is physically altered by, surface coal mining and reclamation operations. The affected area includes the disturbed area; any area upon which surface coal mining and reclamation operations are conducted; any adjacent lands the use of which is incidental to surface coal mining and reclamation operations; all areas covered by new and existing roads used to gain access to, or for hauling coal to or from surface coal mining and reclamation operations, except as provided in this definition; any area covered by surface excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, shipping areas; any area upon which are sited structures, facilities or other property material on the surface resulting from, or incident to, surface coal mining and reclamation operations; and the area located above underground workings.

Public roads may be included in the affected area and regulated on a case-by-case basis, as determined by the extent of mining-related use;

6. Agricultural use means the use of any tract of land for the production of animal or vegetable life. The uses include, but are not limited to, the pasturing, grazing and watering of livestock and the cropping, cultivation and harvesting of plants;

7. Anthracite means coal classified as anthracite in ASTM Standard D 388-77. Coal classifications are published by the American Society for Testing and Materials (ASTM) under the title, Standard Specification for Classification of Coals by Rank, ASTM D 388-77, on pages 220–224. Table I which classifies the coals by rank is presented on page 223. This publication is incorporated by reference as it exists on February 11, 1980;

8. Applicant means any person seeking a permit from the commission or director to conduct surface coal mining and reclamation operations or a revision or renewal of the permit;

9. Approximate original contour means that surface configuration achieved by backfilling and grading of the mined areas so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain with all highwalls, spoil piles and coal refuse piles eliminated. Permanent water impoundments may be permitted where it is determined that they comply with 10 CSR 40- 3.040(10) and (17) and 10 CSR 40-3.130;

10. Aquifer means a zone, stratum or group of strata that can store and transmit water in sufficient quantities for a specific use;

11. Auger mining means a method of mining coal at a cliff or highwall by drilling holes into an exposed coal seam from the highwall and transporting the coal along an auger bit to the surface;

12. Best technology currently available means equipment, devices, systems, methods or techniques which will— A. Prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but in no event result in contributions of suspended solids in excess of requirements set by applicable state or federal laws; and B. Minimize, to the extent possible, disturbance and adverse impact on fish, wildlife and related environmental values and achieve enhancement of those resources where practicable. The term includes equipment, devices, systems, methods or techniques which are currently available anywhere even if they are not in routine use. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, animal stocking requirements, scheduling of activities and design of siltation structures in accordance with 10 CSR 40-3. Within the constraints of the permanent program, the commission and director will determine the best technology currently available on a caseby-case basis;

13. Buffer zone means a boundary which establishes a limit of mining-related disturbance beyond which a variance to the regulations must be obtained before disturbance;

14. Coal means combustible carbonaceous rock, classified as anthracite, bituminous, subbituminous or lignite by ASTM Standard D 388-77, referred to and incorporated by reference in the definition of anthracite in paragraph (1)(A)7.;

15. Coal exploration means the field gathering of— A. Surface or subsurface geologic, physical or chemical data by mapping, trenching, drilling, geophysical or other techniques necessary to determine the quality and quantity of overburden and coal of an area; or B. Environmental data to establish the conditions of an area before beginning surface coal mining and reclamation operations under the requirements of the regulatory program;

16. Coal mine waste means coal processing waste and underground development waste;

17. Coal preparation area means that portion of the permitted area used for the benefication of raw coal and structures related to the benefication process, such as the washer, tipple, crusher, slurry pond(s), gob pile and all waste material directly connected with the cleaning, preparation and shipping of coal, but does not include subsurface coal waste disposal areas;

18. Coal preparation area reclamation means the reclamation of the coal preparation area by disposal or burial, or both, of coal waste according to the approved reclamation plan, the replacement of topsoil and initial seeding;

19. Coal processing plant or coal preparation plant means a facility where coal is subjected to chemical or physical processing or cleaning, concentrating or other processing or preparation. It includes facilities associated with coal preparation activities, including, but not limited to, the following: loading facilities; storage and stockpile facilities; sheds, shops and other buildings; water treatment and water storage facilities; settling basins and impoundments; coal processing and other waste disposal areas; and roads, railroad and other transport facilities;

20. Coal processing waste means earth materials which are separated and wasted from the product coal during the cleaning, concentrating or other processing or preparation of coal;

21. Coal processing waste bank means a surface deposit of coal mine waste that does not impound water, slurry or other liquid or semiliquid material;

22. Combustible material means organic material that is capable of burning, either by fire or through oxidation, accompanied by the evolution of heat and a significant temperature rise;

23. Commission means the Land Reclamation Commission created by section 444.520, RSMo;

24. Compaction means increasing the density of a material by reducing the voids between the particles and is generally accomplished by controlled placement and mechanical effort, such as from repeated application of wheel, track or roller loads from heavy equipment;

25. Cropland means land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes and includes row crops, small grain crops, hay crops, nursery crops, orchard crops and other similar specialty crops;

26. Cumulative impact area means the area, including the permit area within which impacts resulting from the proposed operation may interact with the impacts of all anticipated mining on surface and ground water systems. Anticipated mining shall include, at a minimum, the entire projected lives through bond release of:

A. The proposed operation;

B. All existing operations;

C. Any operations for which a permit application has been submitted to the Land Reclamation Program; and D. All operations required to meet diligent development requirements for leased federal coal for which there is actual mine development information available;

27. Department means the Department of the Interior;

28. Director means the director of the Land Reclamation Commission;

29. Director of the office means the director of the Office of Surface Mining Reclamation and Enforcement or the representative of the director of the office;

30. Disturbed area means an area where vegetation, topsoil or overburden is removed or upon which topsoil, spoil, coal processing waste, underground development waste or noncoal waste is placed by surface coal mining operations. Those areas are classified as disturbed until reclamation is complete and the performance bond required by 10 CSR 40-7 is released;

31. Diversion means a channel, embankment or other man-made structure constructed to divert water from one (1) area to another;

32. Downslope means the land surface between the projected outcrop of the lowest coalbed being mined along each highwall and a valley floor;

33. Embankment means an artificial deposit of material that is raised above the natural surface of the land and used to contain, divert or store water, support roads or railways or for other similar purposes;

34. Ephemeral stream means a stream which flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice and which has a channel bottom that is always above the local water table;

35. Existing structure means a structure or facility used in connection with or to facilitate surface coal mining and reclamation operations for which construction begins prior to the approval of a state program;

36. Federal lands means any land, including mineral interest, owned by the United States, without regard to how the United States acquired ownership of the lands or which agency manages the lands. It does not include Indian lands;

37. Federal lands program means a program established by the secretary pursuant to

section 523 of the Act to regulate surface coal mining and reclamation operations on federal lands;

38. Federal program means a program established by the secretary pursuant to section 504 of the Act to regulate coal exploration and surface coal mining and reclamation operations on nonfederal and non-Indian lands within a state in accordance with the Act and 30 CFR 736;

39. Fugitive dust means that particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or surface coal mining and reclamation operations or both. During surface coal mining and reclamation operations it may include: emissions from haul roads; wind erosion of exposed surfaces, storage piles and spoil piles; reclamation operations; and other activities in which material is either removed, stored, transported or redistributed;

40. Groundwater means subsurface water that fills available openings in rock or soil materials to the extent that they are considered water saturated;

41. Half-shrub means a perennial plant with a woody base whose annually produced stems die back each year;

42. Head-of-hollow fill means a fill structure consisting of any material, other than coal processing waste and organic material, placed in the uppermost reaches of a hollow where side slopes of the existing hollow measured at the steepest point are greater than twenty degrees (>20°) or the average slope of the profile of the hollow from the toe of the fill to the top of the fill is greater than ten degrees (>10°). In fills with less than two hundred fifty thousand (<250,000) cubic yards of material, associated with contour mining, the top surface of the fill will be at the elevation of the coal seam. In all other head-of-hollow fills, the top surface of the fill, when completed, is at approximately the same elevation as the adjacent ridge line, and no significant area of natural drainage occurs above the fill draining into the fill area;

43. Highwall means the face of exposed overburden and coal in an open cut of a surface coal mining activity or for entry to underground mining activities;

44. Historically used for cropland means— A. Lands that have been used for cropland for any five (5) years or more out of the ten (10) years immediately preceding the acquisition, including purchase, lease or option, of the land for the purpose of conducting or allowing through resale, lease or option the conduct of surface coal mining and reclamation operations;

B. Lands determined on the basis of additional cropland history of the surrounding lands and the lands under consideration, that the permit area is clearly cropland but falls outside the specific five (5)-year-in-ten (10) criterion, in which case the regulations for prime farmland may be applied to include 4CODE OF STATE REGULATIONS more years of cropland history only to increase the prime farmland acreage to be preserved; or C. Lands that would likely have been used as cropland for any five (5) out of the last ten (10) years immediately preceding acquisition but for the same fact of ownership or control of the land unrelated to the productivity of the land;

45. Hydrologic balance means the relationship between the quality and quantity of water inflow to, water outflow from and water storage in a hydrologic unit, such as a drainage basin, aquifer, soil zone, lake or reservoir. It encompasses the dynamic relationships among precipitation, runoff, evaporation and changes in ground and surface water storage;

46. Hydrologic regime means the entire state of water movement in a given area. It is a function of the climate and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form, falls as precipitation, moves along or into the ground surface and returns to the atmosphere as vapor by means of evaporation and transpiration;

47. Imminent danger to the health and safety of the public means the existence of any condition or practice, or any violation of a permit or other requirements of the law in a surface coal mining and reclamation operation, which condition, practice or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice or violation can be abated. A reasonable expectation of death or serious injury before abatement exists, if a rational person subjected to the same condition or practice giving rise to the peril, would avoid exposure to the danger during the time necessary for abatement;

48. Impounding structure means a dam, embankment or other structure used to impound water, slurry or other liquid or semiliquid material;

49. Impoundment means all water, sediment, slurry or other liquid or semiliquid holding structures and depressions, either naturally formed or artificially built;

50. In situprocesses means activities conducted on the surface or underground in connection with in-place distillation, retorting, leaching or other chemical or physical processing of coal. The term includes, but is not limited to, in situgasification, in situ leaching, slurry mining, solution mining, bore-hole mining and fluid recovery mining;

51. Intermittent stream means a stream or reach of a stream that— A. Drains a watershed of at least one (1) square mile; or B. Is below the local water table for at least some part of the year, and obtains its flow from both surface runoff and groundwater discharge;

52. Land use means specific uses or management-related activities, rather than the vegetation or cover of the land. Land uses may be identified in combination when joint or seasonal uses occur. Changes of land use or uses from one (1) of the following categories to another shall be considered as a change to an alternative land use which is subject to approval in the permit and plan:

A. Cropland means land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes and includes row crops, small grain crops, hay crops, nursery crops, orchard crops and other similar specialty crops. Land used for facilities in support of cropland farming operations which is adjacent to or an integral part of these operations is also included for purposes of these land use categories;

B. Pasture means land used primarily for the long-term production of adapted, domesticated, forage plants to be grazed by livestock or occasionally cut and cured for livestock feed. Land used for facilities in support of pastureland or land occasionally cut for hay which is adjacent to or an integral

part of these operations is also included;

C. Prime farmland means an area which has been historically used for crop production, as defined previously, and which has prime farmland soils as defined by the United States Department of Agriculture, Soil Conservation Service (now known as the Natural Resources Conservation Service) in 7 CFR 657;

D. Woodland means land used or managed for the long-term production of wood, wood fiber or wood-derived products.

Land used for facilities in support of forest harvest and management operations which is adjacent to or an integral part of these operations is also included;

E. Residential includes single- and multi-family housing, mobile home parks and other residential lodgings. Land used for facilities in support of residential operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, vehicle parking and open space that directly relate to the residential use;

F. Industrial/commercial means land used for— (I) Extraction or transformation of materials for fabrication of products, wholesaling of products or for long-term storage of products. This includes all heavy and light manufacturing facilities such as lumber and wood processing, chemical manufacturing, petroleum refining and fabricated metal products manufactured. Land used for facilities in support of these operations which is adjacent to or an integral part of that operation is also included. Support facilities include, but are not limited to, all railroad or other transportation facilities; and (II) Retail or trade of goods or services, including hotels, motels, stores, restaurants and other commercial establishments.

Land used for facilities in support of commercial operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, parking, storage or shipping facilities;

G. Recreation means land used for public or private leisure-time use, including developed recreation facilities such as parks, camps and amusement areas, as well as areas for less intensive uses such as hiking, canoeing and other undeveloped recreational uses;

H. Fish and wildlife habitat means land dedicated wholly or partially to the production, protection or management of species of fish or wildlife;

I. Water includes land used for storing water for beneficial uses such as stockponds, irrigation, fire protection, flood control and water supply; and J. Undeveloped land means land that is undeveloped or, if previously developed, land that has been allowed to return naturally to an undeveloped state or has been allowed to return to forest through natural succession;

53. Law, the law, this law, state surface coal mining and reclamation law or surface coal mining law means sections 444.800–444.940, RSMo;

54. Mine plan area means the same as the permit area. Other terms defined in this

rule which relate closely to mine plan area are— A. Affected area, which will always be within or the same as the permit area; and B. Adjacent area, which may surround or extend beyond the affected area, permit area or mine plan area;

55. Mulch means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture conservation, thus providing microclimatic conditions suitable for germination and growth;

56. Noxious plants means species that have been included on official state lists of noxious plants;

57. Office means the Office of Surface Mining Reclamation and Enforcement (OSMRE) established under Title II of the Act;

58. Operator means any person engaged in coal mining;

59. Other treatment facilities means any chemical treatments, such as flocculation or neutralization, or mechanical structures, such as clarifiers or precipitators, that have a point source discharge and that are utilized— A. To prevent additional contributions of dissolved or suspended solids to stream flow or runoff outside the permit area; or B. To comply with all applicable state and federal water quality laws and regulations;

60. Outslope means the face of the spoil or embankment sloping downward from the highest elevation to the toe;

61. Overburden means material of any nature, consolidated or unconsolidated, that overlies a coal deposit excluding topsoil;

62. Perennial stream means a stream or

part of a stream that flows continuously during all of the calendar year as a result of groundwater discharge or surface runoff. The term does not include intermittent stream or ephemeral stream;

63. Performance bond means a surety bond, personal bond or a combination of them, by which a permittee assures faithful performance of all the requirements of the regulatory program and the requirements of the permit and reclamation plan;

64. Permanent diversion means a diversion remaining after surface coal mining and reclamation operations are completed which has been approved for retention in the permit and plan and other appropriate state and federal agencies;

65. Permit means a permit to conduct tions or coal exploration operations issued by the commission pursuant to the regulatory program;

66. Permit area means the area of land indicated on the approved map submitted by the operator with his/her application, which area of land shall be covered by the operator’s bond and shall be readily identifiable by appropriate markers on the site;

67. Permittee means a person holding a permit or required by this law to hold a permit issued by the commission or director pursuant to this law to conduct surface coal mining and reclamation operations and coal exploration;

68. Person means any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company trust, estate, political subdivision or any agency, board, department or bureau of the state or federal government, or any other legal entity which is recognized by law as the subject of rights and duties;

69. Person having an interest which is or may be adversely affected or person with a valid legal interest shall include any person:

A. Who uses any resource of economic, recreational, aesthetic or environmental value that may be adversely affected by reclamation operations or any related action of the commission or director; or B. Whose property is or may be adversely affected by coal exploration or surface coal mining and reclamation operations or any related action of the commission or director;

70. Plan means the reclamation plan submitted by an applicant as a condition precedent to receiving a permit;

71. Precipitation event means a quantity of water resulting from drizzle, rain, snow, sleet or hail in a limited period of time. It may be expressed in terms of recurrence interval. As used in these rules, precipitation event also includes that quantity of water emanating from snow cover as snow melts in a limited period of time;

72. Previously mined area means land affected by surface coal mining operations prior to August 3, 1977, that has not been reclaimed to the standards of 10 CSR 40 Chapters 3–8;

73. Prime farmland means land which meets the technical criteria established by the Secretary of Agriculture in 7 CFR 657 (FR Vol. 4, No. 21) and which has historically been used for cropland as that phrase is defined above;

74. Public office means a facility under the direction and control of a governmental entity which is open to public access on a regular basis during reasonable business hours;

75. Recharge capacity means the ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation;

76. Reclamation means those actions taken to restore mined land, as required by the regulatory program, to postmining land use approved in the permit and plan;

77. Reclamation plan means a plan submitted by an applicant for a permit which sets forth a plan for reclamation of the proposed surface coal mining operations;

78. Recurrence interval means the interval of time in which a precipitation event is expected to occur once on the average. For example, the ten- (10-) year, twenty-four- (24-) hour precipitation event would be that twenty-four- (24-) hour precipitation event expected to occur on the average once in ten (10) years;

79. Reference area means a land unit maintained under appropriate management for the purpose of measuring vegetation ground cover, productivity and plant species diversity that are produced naturally or by crop production methods approved in the permit and plan. Reference areas must be representative of geology, soil, slope and vegetation in the permit area;

80. Refuse pile means a surface deposit of coal mine waste that does not impound water, slurry or other liquid or semiliquid material;

81. Regional director means a regional director of the office or a regional director’s representative;

82. Regulatory authority means the Land Reclamation Commission, the director, or their designated representatives and employees unless otherwise specified in these rules;

83. Regulatory program means the law and all regulations adopted pursuant to the law and submitted to and approved by the secretary of the office;

84. Renewable resource lands means aquifers and areas for the recharge of aquifers and other underground waters, areas for agricultural or silvicultural production of food and fiber and grazing lands;

85. Replacement of water supply means, with respect to protected water supplies contaminated, diminished or interrupted by coal mining operations, provision of water supply on both a temporary and permanent basis equivalent to premining quality and quantity.

Replacement includes provision of an equivalent water delivery system and payment of any excess operation and maintenance costs over what had been customary and reasonable delivery costs for premining water supplies.

A. Upon agreement by the permittee and the water supply owner, the obligation to pay such operation and maintenance costs may be satisfied by a one- (1-) time payment in an amount which covers the present worth of the increased annual operation and maintenance costs for a period agreed to by the permittee and the water supply owner.

B. If the affected water supply was not needed for the land use in existence at the time of loss, contamination or diminution, and if the supply is not needed to achieve the postmining land use, replacement requirements may be satisfied by demonstrating that a suitable alternative water source is available and could feasibly be developed. If the latter approach is selected, written concurrence must be obtained from the water supply owner.

86. Road means a surface right-of-way 6CODE OF STATE REGULATIONS for purposes of travel by land vehicles used in reclamation operations. A road consists of the entire area within the right-of-way, including the roadbed, shoulders, parking and side area, approaches, structures, ditches, and surface. The term includes access and haul roads constructed, used, reconstructed, improved or maintained for use in coal explooperations, including use by coal-hauling vehicles to and from transfer, processing or storage areas. The term does not include ramps and routes of travel within the immediate mining area or within spoil or coal mine waste disposal areas.

A. Class I road means a road that is utilized for transportation of coal.

B. Class II road means any road, other than a Class I road, planned to be used over a six- (6-) month period or longer.

C. Class III road means any road, other than a Class I road, planned to be used over a period of fewer than six (6) months;

87. Safety factor means the ratio of the available shear strength to the developed shear stress, or the ratio of the sum of the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices;

88. Secretary of the office means the secretary of the interior or the secretary’s representative;

89. Significant, imminent environmental harm to land, air or water resources means an environmental harm is— A. An adverse impact on land, air or water resources, which resources include, but are not limited to, plant and animal life;

B. Imminent, if a condition, practice or violation exists which— (I) Is causing harm; or (II) May reasonably be expected to cause harm at any time before the end of the reasonable abatement time that would be set under section 444.855.2, RSMo; and C. Significant if that harm is appreciable and not immediately reparable;

90. Siltation structure means a sedimentation pond, a series of sedimentation ponds, or other treatment facility, it also means a primary sediment control structure designed, constructed and maintained in accordance with 10 CSR 40-3.040(6) and including, but not limited to, barrier, dam or excavated depression which slows down water runoff to allow sediment to settle out. A siltation structure shall not include secondary sedimentation control structures, such as straw dikes, riprap, check dams, mulches, dugouts and other measures that reduce overland flow velocity, reduce runoff volume or trap sediment, to the extent that those secondary sedimenta tion structures drain to the siltation structure;

91. Slope means average inclination of a surface, measured from the horizontal, generally expressed as the ratio of a unit of vertical distance to a given number of units of horizontal distance (for example, 1v:5h (20%)). It may also be expressed as a percent or in degrees;

92. Soil horizons means contrasting layers of soil parallel or nearly parallel to the land surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data. The four (4) master soil horizons are— A. A horizon. The uppermost mineral layer, often called the surface soil. It is the

part of the soil in which organic matter is most abundant and leaching of soluble or suspended particles is typically the greatest;

B. E horizon. The layer commonly near the surface below an A horizon and above a B horizon. An E horizon is most commonly differentiated from an overlying A horizon by lighter color and generally has measurably less organic matter than the A horizon. An E horizon is most commonly differentiated from an underlying B horizon in the same sequum by color of higher value or lower chroma, by coarser texture, or by a combination of these properties;

C. B horizon. The layer that typically is immediately beneath the E horizon and often called the subsoil. This middle layer commonly contains more clay, iron or aluminum than the A, E, or C horizon; and D. C horizon. The deepest layer of soil profile. It consists of loose material or weathered rock that is relatively unaffected by biologic activity;

93. Soil survey means a field and other investigation resulting in a map showing the geographic distribution of different kinds of soils and an accompanying report that describes, classifies and interprets those soils for use. Soil surveys must meet the standards of the National Cooperative Soil Surveys incorporated by reference in 10 CSR 40- 6.060(4)(C)1.;

94. Spoil means overburden that has been removed during surface coal mining operations;

95. Stabilize means to control movement of soil, spoil piles or areas of disturbed earth by modifying the geometry of the mass, or by otherwise modifying physical or chemical properties, such as by providing a protective surface coating;

96. Steep slope means any slope of more than twenty degrees (20°) or a lesser slope as may be designated in the permit and plan after consideration of soil, climate and other characteristics of a region;

97. Substantially disturb means, for purposes of coal exploration, to significantly impact upon land, air or water resources by blasting; removal of vegetation, topsoil or overburden; construction of roads or other access routes; placement of excavated earth or waste material on the natural land surface or other activities; or to remove more than two hundred fifty (250) tons of coal;

98. Surface coal mining operations means— A. Activities conducted on the surface of lands in connection with a surface coal mine or surface operations and surface impacts incident to an underground coal mine. The activities include excavation for the purpose of obtaining coal, including common methods such as contour, strip, auger, mountaintop removal, box cut, open pit and area mining, the uses of explosives and blasting, and in situdistillation or retorting, leaching or other chemical or physical processing and the cleaning, concentrating or other processing or preparation, loading of coal for interstate commerce at or near the minesite; provided, these activities do not include the extraction of coal incidental to the extraction of other minerals, where coal does not exceed sixteen and two-thirds percent (16 2/3%) of the tonnage of minerals removed for purposes of commercial use or sale, or coal exploration subject to section 444.845, RSMo; and provided further that excavation for the purpose of obtaining coal includes extraction of coal from coal refuse piles; and B. Areas upon which the activities described in subparagraph (1)(A)98.A. of this rule occur or where those activities disturb the natural land surface. These areas shall also include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of those activities, and for haulage and excavation, working, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas and other areas upon which are sited structures, facilities or other property or material on the surface, resulting from or incident to those activities;

99. Surface coal mining and reclamation operations means surface coal mining operations and all activities necessary or incidental to the reclamation of these operations. This term includes the term surface coal mining operations;

100. Surface mining activities means those surface coal mining and reclamation operations incident to the extraction of coal from the earth by removing the materials over a coal seam before recovering the coal, by auger coal mining, or by recovery of coal from a deposit that is not in its original geologic location;

101. Suspended solids or nonfilterable residue, expressed as milligrams per liter, means organic or inorganic materials, carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by the Environmental Protection Agency’s regulations for wastewater and analyses (40 CFR 136);

102. Temporary diversion means a diversion of a stream or overland flow which is used during coal exploration or surface coal mining and reclamation operations and not approved in the permit and plan to remain after reclamation as part of the approved post-mining land use;

103. Ton means two thousand pounds (2000 lbs.) avoirdupois(.90718 metric ton);

104. Topsoil means the A and E soil horizon layers of the four (4) master soil horizons;

105. Toxic-forming materials means earth materials or wastes which, if acted upon by air, water, weathering or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water;

106. Toxic mine drainage means water that is discharged from active or abandoned mines or other areas affected by coal explooperations, which contains a substance that through chemical action or physical effects is likely to kill, injure or impair biota commonly present in the area that might be exposed to it;

107. Underground development waste means waste rock mixtures of coal, shale, claystone, siltstone, sandstone, limestone or related materials that are excavated, moved and disposed of during development and preparation of areas incident to underground mining activities;

108. Underground mining activities means a combination of— A. Surface operations incident to underground extraction of coal or in situprocessing, such as construction, use, maintenance and reclamation of roads, aboveground repair areas, storage areas, processing areas, shipping areas, areas upon which are sited support facilities including hoist and ventilating ducts, areas utilized for the disposal and storage of waste, and areas on which materials incident to underground mining operations are placed; and B. Underground operations such as underground construction, operation and reclamation of shafts, adits, underground support facilities, in situprocessing and underground mining, hauling, storage and blasting;

109. Valley fill means a fill structure consisting of any material other than coal waste and organic material that is placed in a valley where side slopes of the existing valley measured at the steepest point are greater than twenty degrees (20°) or the average slope of the profile of the valley from the toe of the fill to the top of the fill is greater than ten degrees (10°); and 110. Water table means the upper surface of a zone of saturation, where the body of groundwater is not confined by an overlying impermeable zone.

RSMo 2000.* Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended:

Filed April 14, 1980, effective Aug. 11, 1980.

Amended: Filed Dec. 10, 1980, effective April 11, 1981. Amended: Filed Aug. 4, 1987, effective Nov. 23, 1987. Amended: Filed June 2, 1988, effective Aug. 25, 1988. Amended:

Filed Sept. 15, 1988, effective Jan. 15, 1989.

Amended: Filed May 2, 1989, effective Aug. 1, 1989. Amended: Filed July 3, 1990, effective Nov. 30, 1990. Amended: Filed May 15, 1992, effective Jan. 15, 1993. Amended:

Filed Sept. 15, 1994, effective April 30, 1995. Amended: Filed March 21, 2000, effective Oct. 30, 2000. Amended: Filed Dec. 17, 2012, effective July 30, 2013. 1990, 1993, 1995 and 444.810, RSMo 1979, amended 1983, 1993, 1995.

##### **10 CSR 40-8.020** Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction {#sec-10-csr-40-8.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-8.020}

PURPOSE: This rule sets forth exemptions for coal extraction incident to governmentfinanced highway or other construction pursuant to section 444.810, RSMo.

(1) General. Any person conducting coal extraction as an incidental part of government-financed construction is responsible for possessing, on the site of the extraction operation, the documentation required.

(2) Definitions. As used in this rule, the following terms have the specified meaning:

(A) Extraction of coal as an incidental part means the extraction of coal which is necessary to enable the construction to be accomplished. For purposes of this rule, only that coal extracted from within the right-of-way, in the case of a road, railroad, utility line or other construction, or within the boundaries of the area directly affected by other types of government-financed construction, may be considered incidental to that construction.

Extraction of coal outside the right-of-way or boundary of the area directly affected by the construction shall be subject to the requirements of the regulatory program;

(B) Governmental financing agency means a federal, state, county, municipal or local unit of government or a department, bureau, agency or office of the unit which, indirectly or through another unit of government, finances construction; and (C) Government-financed construction means construction funded fifty percent (50%) or more by funds appropriated from a government financing agency’s budget or obtained from general revenue bonds.

Funding at less than fifty percent (50%) may qualify if the construction is undertaken as an approved reclamation project under Title IV of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 et seq.Construction funded through government financing agency guarantees, insurance, loans, funds obtained through industrial revenue bonds, or their equivalent, or in-kind payments does not qualify as governmentfinanced construction.

(3) Applicability.

(A) Coal extraction which is an incidental

part of government-financed construction is exempt from the regulatory program.

(B) Any person who conducts or intends to conduct coal extraction which does not satisfy subsection (3)(A) of this rule shall not proceed until a permit has been obtained.

(4) Information to be Maintained On-Site.

Any person extracting coal incident to government-financed highway or other construction who extracts more than two hundred fifty (250) tons of coal or affects more than two (2) acres shall maintain, on the site of the extraction operation and available for inspection, documents which show— (A) A description of the construction project;

(B) The exact location of the construction, right-of-way or the boundaries of the area which will be directly affected by the construction; and (C) The governmental agency which is providing the financing and the kind and amount 8CODE OF STATE REGULATIONS of public financing, including the percentage of the entire construction costs represented by the governmental financing.

RSMo 2000.* Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended:

Filed Dec. 17, 2012, effective July 30, 2013. 1990, 1993, 1995 and 444.810, RSMo 1979, amended 1983, 1993, 1995.

##### **10 CSR 40-8.030** Permanent Program Inspection and Enforcement {#sec-10-csr-40-8.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-8.030}

PURPOSE: This rule sets forth requirements for permanent program inspection and enforcement pursuant to sections 444.810, 444.865, 444.885, and 444.895, RSMo.

(1) Inspections by the Commission or Director.

(A) The director shall cause to be conducted an average of at least one (1) partial inspection per month of each active surface coal mining and reclamation operation in the state, and shall conduct partial inspections of each inactive surface coal mining and reclamation operation as are necessary to ensure compliance. A partial inspection is an on-site review of a person’s compliance with some of the permit conditions and requirements imposed under the state program. The inspector shall collect evidence of any violation of those conditions or requirements observed.

1. For purposes of this rule, an active tion is one for which the commission has not released the permittee from Phase II reclamation liability, as defined under 10 CSR 40- 7.021(2)(B).

2. For purposes of this rule, an inactive tion is one for which the commission has secured from the permittee the written notice provided for under 10 CSR 40-3.150(3) or the permittee has been released from Phase II reclamation liability, as defined under 10 CSR 40-7.021(2)(B), which has been completed.

(B) The director shall cause to be conducted an average of at least one (1) complete inspection per calendar quarter of each active or inactive surface coal mining and reclamation operation in the state. A complete inspection is an on-site review of a person’s compliance with all permit conditions and requirements imposed under the regulatory program, within the entire area disturbed or affected by surface coal mining and reclamation operations. This includes collection of evidence with respect to every violation of those conditions or requirements.

(C) The director shall cause periodic inspections to be conducted of all coal exploration operations required to comply in whole or in part with the regulatory program. These inspections shall include the collection of evidence with respect to every violation of any condition of the exploration permit and plan or any requirement of the regulatory program.

(D) An aerial inspection shall be conducted in a manner which reasonably ensures the identification and documentation of conditions at each surface coal mining and reclamation site inspected and shall be counted as a partial inspection. Any potential violation observed during an aerial inspection shall be investigated on-site within three (3) days; provided, that any indication of a condition, practice, or violation constituting cause for the issuance of a cessation order under section 444.885, RSMo shall be investigated onsite immediately and provided further, that an on-site investigation of a potential violation observed during an aerial inspection shall not be considered to be an additional partial or complete inspection for the purposes of subsections (1)(A) and (B) of this rule.

(E) The inspections required under subsections (1)(A)–(D) of this rule shall— 1. Be carried out on an irregular basis, so as to monitor compliance at all operations, including those which operate nights, weekends, or holidays;

2. Occur without prior notice to the person being inspected or any agent or employee of the person, except for necessary on-site meetings; and 3. Include the prompt filing of inspection reports adequate to enforce the requirements of and to carry out the terms and purposes of the regulatory program, the permit and plan.

(F) Abandoned site means a surface coal mining and reclamation operation for which the regulatory authority has found in writing that— 1. All surface and underground coal mining and reclamation activities at the site have ceased;

2. The regulatory authority or office has issued at least one (1) notice of violation and either— A. Is unable to serve the notice despite diligent efforts to do so; or B. The notice was served and has progressed to a failure-to-abate cessation order;

3. The regulatory authority is taking action to ensure— A. That the permittee and operator, and owners and controllers of the permittee and operator will be precluded from receiving future permits while violations continue at the site; and B. Pursuant to sections 444.870.5, 444.870.6, 444.885.3, or 444.885.5 of the Surface Coal Mining Law, that abatement occurs or that there will not be a recurrence of the failure-to-abate, except where, after evaluating the circumstances, it concludes that further enforcement offers little or no likelihood of successfully compelling abatement or recovering any reclamation costs;

4. Where the site is, or was, permitted or bonded— A. The permit has expired or been revoked; and B. The regulatory authority has initiated and is diligently pursuing forfeiture of, or has forfeited, the performance bond.

(G) In lieu of the inspection frequency established in subsections (1)(A) and (B) of this rule, the regulatory authority shall inspect each abandoned site on a set frequency commensurate with the public health and safety and environmental considerations present at each specific site, but in no case shall the inspection frequency be set at less than one complete inspection per calendar year.

1. In selecting an alternate inspection frequency authorized under the subsection above, the regulatory authority shall first conduct a complete inspection of the abandoned site and provide public notice under paragraph (G)2. of this section. Following the inspection and public notice, the regulatory

This written finding shall justify the new inspection frequency by affirmatively addressing in detail all of the following criteria:

A. How the site meets each of the criteria under the definition of an abandoned site under subsection (F) of this section and thereby qualifies for a reduction in inspection frequency;

B. Whether, and to what extent, there exist on the site impoundments, earthen structures or other conditions that currently pose, or may reasonably be expected to pose, imminent dangers to the health or safety of the public or significant environmental harms to land, air, or water resources;

C. The extent to which existing impoundments or earthen structures were constructed and certified in accordance with prudent engineering designs approved in the permit;

D. The degree to which erosion and sediment control is present and functioning;

E. The extent to which the site is located near or above urbanized areas, communities, occupied dwellings, schools and other public or commercial buildings and facilities;

F. The extent of reclamation completed prior to abandonment and the degree of stability of unreclaimed areas, taking into consideration the physical characteristics of the land mined and the extent of settlement or revegetation that has occurred naturally with time; and G. Based on a review of the complete and partial inspection report record for the site during at least the last two (2) consecutive years, the rate at which adverse environmental or public health and safety conditions have and can be expected to progressively deteriorate.

2. Provide the public notice and opportunity to comment required under subparagraph (G)1. of this section as follows:

A. The regulatory authority shall place a notice in the newspaper with the broadest circulation in the locality of the abandoned site providing the public with a thirty (30)-day period in which to submit written comments.

B. The public notice shall contain the permittee’s name, the permit number, the precise location of the land affected, the inspection frequency proposed, the general reasons for reducing the inspection frequency, the bond status of the permit, the telephone number and the address of the regulatory

(2) Right of Entry.

(A) The commission, director, or authorized agent, without advance notice and upon presentation of appropriate credentials, pursuant to section 444.865.2, RSMo— 1. Shall have the right of entry to, upon or through any surface coal mining and reclamation operations, coal exploration operations, or any premises in which any records required to be maintained under section 444.865.1, RSMo are located; and 2. May have access to and copy at reasonable times, and without delay, any records and inspect any monitoring equipment, exploration, or method of operation.

(B) Entry Shall Not Be Refused.

1. No person shall refuse entry or access requested under subsection (2)(A) of this

rule, nor obstruct or hamper any such person in carrying out the inspection.

2. If necessary a search warrant will be obtained pursuant to section 444.865.4, RSMo or the director may obtain an injunction pursuant to section 444.885.5, RSMo.

(3) Availability of Records.

(A) The director shall make available to the director of the office and the regional director of the office, upon request, copies of all documents relating to applications for and approvals of existing, new, or revised coal exploration permits or surface coal mining and reclamation operations permits and all documents relating to inspection and enforcement actions.

(B) Except as provided in 10 CSR 40- 6.030(5) and subsection (3)(C) of this rule, copies of all records, reports, inspection materials, or information obtained shall be made immediately available to the public in the area of mining until at least five (5) years after expiration of the period during which the subject operation is active or is covered by any portion of a reclamation bond so that they are conveniently available to residents of that area.

(C) In order to protect preparation for hearings and enforcement proceedings, the director of the office and the commission may enter into agreements regarding procedures for the special handling of investigative and enforcement reports and other such materials.

(4) Public Participation. Any person who is or may be adversely affected by a surface coal mining operation may notify the commission or director, or an authorized representative responsible for conducting the inspection, in writing, of any violation of 10 CSR 40-3–10 CSR 40-9, which s/he has reason to believe exists at the surface mining site.

(A) Citizens’ Request for Inspections.

1. A citizen may request an inspection by furnishing to the director, or an authorized representative, a signed, written statement (or an oral report followed by a signed, written statement) stating the reasons the citizen believes a condition or practice exists which constitutes a violation of the regulatory program and setting forth a phone number and address where the citizen can be contacted.

2. The identity of any person supplying information relating to a possible violation shall remain confidential, if requested by that person, unless that person elects to accompany the inspector on the inspection, or unless disclosures are required under any law.

3. If an inspection is conducted as a result of information provided by a citizen, the citizen shall be notified as far in advance as practicable when the inspection is to occur and shall be allowed to accompany the authorized representative during the inspection.

4. Within ten (10) days of the inspection or, if there is no inspection, within fifteen (15) days of receipt of the citizen’s written statement, the director shall send the citizen A. If an inspection was made, a description of the enforcement action taken, which may consist of copies of the inspection report and all notices of violation and cessation orders issued as a result of the inspection or an explanation of why no enforcement action was taken;

B. If no inspection was conducted, an explanation of the reasons why; and C. An explanation of the citizen’s right, if any, to informal review of the action or inaction under subsection (4)(C).

5. The director shall give copies of all materials within the time limits specified to the person alleged to be in violation, except that the name of the citizen shall be removed unless disclosure of the citizen’s identity is permitted.

(B) Review of Adequacy and Completeness of Inspections. Any person who is or may be adversely affected by a surface coal mining and reclamation operation or a coal exploration operation may notify the director in writing of any alleged failure to make adequate and complete or periodic inspections.

The notification shall include sufficient information to create a reasonable belief that adequate and complete inspections are not being made and to demonstrate that the person is or may be adversely affected. The director, within fifteen (15) days of receipt of the notification, shall determine whether adequate and complete inspections are being made and, if not, immediately shall order an inspection. The director also shall furnish the complainant with a written statement of the reasons for that determination and the actions, if any, taken to remedy the noncompliance.

(C) Review of Decision Not to Inspect or Enforce.

1. Any person who is or may be adversely affected by a coal exploration or tion may ask the director to informally review an authorized representative’s decision not to inspect or take appropriate enforcement action with respect to any violation alleged by that person in a request for inspection. The request for review shall be in writing and include a statement of how the person is or may be adversely affected and why the decision merits review.

2. The director shall conduct the review and inform the person, in writing, of the results of the review within thirty (30) days of receipt of the request. The person alleged to be in violation also shall be given a copy of the results of the review, except that the name of the citizen shall not be disclosed unless confidentiality has been waived or disclosure is required.

3. Informal review shall not affect any right to formal review or to a citizen’s suit.

10CODE OF STATE REGULATIONS

(5) Citizens’ Suits.

(A) A person who intends to initiate a civil action on his/her own behalf under section 444.880, RSMo shall give notice of intent to do so in accordance with this section.

(B) Notice shall be given by certified mail to the director of the region and to the director.

(C) Notice shall be given by certified mail to the alleged violator, if the complaint alleges a violation of the law or any regulation, order, or permit issued under the law.

(D) Service of notice under this section is complete upon mailing to the last known address of the person being notified.

(E) A person giving notice regarding an alleged violation shall state, to the extent known— 1. Sufficient information to identify the provision of the law, regulation, order, or permit allegedly violated;

2. The act or omission alleged to constitute a violation;

3. The name, address, and telephone numbers of the person(s) responsible for the alleged violation;

4. The date, time, and location of the alleged violation;

5. The name, address, and telephone number of the person giving notice; and 6. The name, address, and telephone number of legal counsel, if any, of the person giving notice.

(F) A person giving notice of an alleged failure by the commission to perform a mandatory act or duty under the law shall state, to the extent known— 1. The provision of the law containing the mandatory act or duty allegedly not performed;

2. Sufficient information to identify the omission alleged to constitute the failure to perform a mandatory act or duty under the law;

3. The name, address, and telephone number of the person giving notice; and 4. The name, address, and telephone number of legal counsel, if any, of the person giving notice.

(6) Enforcement of Cessation Orders.

(A) Issuance of Cessation Orders for Imminent Danger or Harm.

1. An authorized representative of the commission immediately shall order a cessation of surface coal mining and reclamation operations or of the relevant portion of them, if s/he finds any condition or practice, or any violation of the regulatory program or any condition of a permit imposed under the program which— A. Creates an imminent danger to the health or safety of the public; or B. Is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources.

2. Surface coal mining and reclamation operations conducted by any person without a valid surface coal mining permit constitute a condition or practice which causes or can be reasonably expected to cause significant environmental harm to land, air, or water resources, unless these operations are an integral, uninterrupted extension of previously permitted operations, and the person conducting these operations has filed a timely and complete application for a permit to conduct the operations.

3. If the cessation ordered under paragraph (6)(A)1. of this rule will not completely abate the imminent danger or harm in the most expeditious manner physically possible, the authorized representative of the commission shall impose affirmative obligations on the person to whom it is issued to abate the condition, practice, or violation. The order shall specify the time by which abatement shall be accomplished and may require, among other things, the use of existing or additional personnel and equipment.

(B) Cessation Order in Situations of a Failure to Abate a Notice of Violation or Notice of Delinquent Reclamation.

1. An authorized representative of the commission immediately shall order a cessation of coal exploration or surface coal mining and reclamation operations, or of the relevant portion of them, when a notice of violation has been issued under subsection (7)(A) of this rule and the permittee to whom it was issued fails to abate the violation within the abating period fixed by the authorized representative or subsequently extended by the commission or director.

2. The director shall order a cessation of reclamation operations, or the relevant portion, if a permittee fails to abate a notice of delinquent reclamation within the period established for abatement.

3. A cessation order issued under this subsection shall require the person to whom it is issued to take all steps the authorized representative of the commission deems necessary to abate the violations covered by the order in the most expeditious manner physically possible.

(C) A cessation order issued under subsection (6)(A) or (B) of this rule shall be in writing, signed by the authorized representative who issues it and shall set forth with reasonable specificity— 1. The nature of the violation;

2. The remedial action or affirmative obligation required, if any, including interim steps, if appropriate;

3. The time established for abatement, if appropriate, including the time for meeting any interim steps; and 4. A reasonable description of the portion of the coal exploration or surface coal mining and reclamation operation to which it applies. The order shall remain in effect until the condition, practice, or violation has been abated or until vacated, modified, or terminated in writing by the commission or director.

(D) Reclamation operations and other activities intended to protect the public health and safety and the environment shall continue during the period of any order unless otherwise provided in the order.

(E) The commission or the director may modify, terminate, or vacate a cessation order for good cause and may extend the time for abatement if the failure to abate within the time previously set was not caused by lack of diligence on the part of the person to whom it was issued.

(F) The commission or director shall terminate a cessation order, by written notice to the person to whom the order was issued, when it is determined that all conditions, practices, or violations listed in the order have been abated. Termination shall not affect the rights of the commission to assess civil penalties for those violations under this

rule or 10 CSR 40-8.040.

(G) Within sixty (60) days after issuing a cessation order, the regulatory authority shall notify in writing the permittee, the operator, and any person who has been listed or identified under 10 CSR 40-6.070(12)(E) or 10 CSR 40-6.030(1)(C) and (D), and 10 CSR 40-6.100(1)(C) and (D) as owning or controlling the permittee, that the cessation order was issued, and that the person has been identified as an owner or controller of the operation.

(H) Post-permit issuance information requirements for permittees.

1. Within thirty (30) days after the issuance of a cessation order under 10 CSR 40-8.030(6) the permittee, must provide or update all the information required under 10 CSR 40-6.030.

2. The permittee does not have to submit information under paragraph (6)(H)1. of this

rule if a court of competent jurisdiction grants a stay of the cessation order and the stay remains in effect.

3. Within sixty (60) days of any addition, departure, or change in position of any person identified in 10 CSR 40-6.030(1)(B), the permittee must provide— A. The information required under 10 CSR 40-6.030(1)(C);

B. The date of any departure.

(7) Enforcement of Notices of Violation.

(A) An authorized representative of the commission shall issue a notice of violation if s/he finds a violation of the regulatory program or any condition of a permit imposed under the regulatory program which does not create an imminent danger or harm for which a cessation order must be issued under section (6). The commission or director may modify, terminate, or vacate a notice of violation and may extend the time for abatement if the failure to abate within the time previously set was not caused by lack of diligence on the part of the person to whom it was issued.

(B) A notice of violation issued under this

section shall be in writing, signed by the authorized representative who issues it and shall set forth with reasonable specificity— 1. The nature of the violation;

2. The remedial action required, which may include interim steps;

3. A reasonable time for abatement, which may include time for accomplishment of interim steps; and 4. A reasonable description of the portion of the coal exploration or surface coal mining and reclamation operation to which it applies.

(C) The commission or director may extend the time set for abatement or for accomplishment of an interim step, if the failure to meet the time previously set out was not caused by lack of diligence on the part of the person to whom it was issued. The total time for abatement under a notice of violation, including all extensions, shall not exceed ninety (90) days from the date of issuance except upon a showing by the permittee that it is not feasible to abate the violation within ninety (90) calendar days due to one (1) or more of the circumstances in sub-

section (7)(F). An extended abatement date pursuant to this section shall not be granted when the permittee’s failure to abate within ninety (90) days has been caused by a lack of diligence or intentional delay by the permittee in completing the remedial action required.

(D) If the person to whom the notice is issued fails to meet any time set for abatement or for accomplishment of an interim step, the authorized representative shall issue a cessation order under section (6).

(E) The commission or director shall terminate a notice of violation by written notice to the person to whom it was issued, when it is determined that all violations listed in the notice of violation have been abated.

Termination shall not affect the right of the commission to assess civil penalties for those violations under 10 CSR 40-8.040.

(F) Circumstances which may qualify a surface coal mining operation for an abatement period of more than ninety (90) days are where— 1. The permittee of an ongoing permitted operation has timely applied for and diligently pursued a permit renewal or other necessary approval of designs or plans but the permit or approval has not been or will not be issued within ninety (90) days after a valid permit expires or is required, for reasons not within the control of the permittee;

2. There is a valid judicial order precluding abatement within ninety (90) days as to which the permittee has diligently pursued all rights of appeal and as to which s/he has no other effective legal remedy;

3. The permittee cannot abate within ninety (90) days due to a labor strike;

4. Climatic conditions preclude abatement within ninety (90) days, or where due to climatic conditions, abatement within ninety (90) days clearly would cause more environmental harm than it would prevent; or 5. Abatement within ninety (90) days requires action that would violate safety standards established by statute or regulation under the Mine Safety and Health Act of 1977.

(G) Whenever an abatement time in excess of ninety (90) days is permitted, interim abatement measures shall be imposed to the extent necessary to minimize harm to the public or the environment.

(H) If any of the conditions in subsection (7)(F) of this rule exists, the permittee may request the authorized representative to grant an abatement period exceeding ninety (90)

days. The authorized representative shall not grant this abatement period without the concurrence of the director or his/her designee and the abatement period granted shall not exceed the shortest possible time necessary to abate the violation. The permittee shall have the burden of establishing by clear and convincing proof that s/he is entitled to an extension under the provisions of subsections (7)(C) and (F). In determining whether or not to grant an abatement period exceeding ninety (90) days, the authorized representative may consider any relevant written or oral information from the permittee or any other source. The authorized representative shall document, promptly and fully, in the file his/her reasons for granting or denying the request. The authorized representative’s immediate supervisor shall review this document before concurring in or disapproving the extended abatement date and shall document, promptly and fully, the reasons for his/her concurrence or disapproval in the file.

(I) Any determination made under subsection (7)(H) of this rule shall contain a right of appeal to the Land Reclamation Commission within thirty (30) days of receipt of the written decision.

(J) No extension granted under subsection (7)(H) of this rule may exceed ninety (90) days in length. Where the condition or circumstance which prevented abatement within ninety (90) days exists at the expiration of any such extension, the permittee may request a further extension in accordance with the procedures of subsection (7)(H) of this rule.

(8) Revocation of Permits. Permits shall be revoked as stated in 10 CSR 40-7.031.

(9) Services of Notices of Violations and Cessation Orders.

(A) A notice of violation or cessation order shall be served on the person to whom it is directed or his/her designated agent promptly after issuance, as follows:

1. By tendering a copy at the coal explooperation to the designated agent or to the individual who, based upon reasonable inquiry by the authorized representative, appears to be in charge of the coal explooperation referred to in the notice or order. If no such individual can be located at the site, a copy may be tendered to any individual at the site who appears to be an employee or agent of the person to whom the notice or order is issued. Service shall be complete upon tender of the notice or order and shall not be deemed incomplete because of refusal to accept; or 2. As an alternative to paragraph (9)(A)1., service may be made by sending a copy of the notice or order by certified mail or by hand to the person to whom it is issued or his/her designated agent. Service shall be complete upon tender of the notice or order or of the mail and shall not be deemed incomplete because of refusal to accept.

(B) A show cause order may be served on the person to whom it is issued in either manner provided in paragraph (9)(A)2.

(C) Designation by any person of an agent for service of notices and orders shall be made in writing to the director.

(D) The director shall furnish copies of notices and orders to the director of the region promptly after their issuance. The director may furnish copies to any person having an interest in the coal exploration or tion, such as the owner of the fee, a corporate officer of the permittee, or the bonding company.

(10) Formal Review of Citations.

(A) A person issued a notice of violation or cessation order under sections (6) and (7) of this rule, or a person having an interest which is or may be adversely affected by the issuance, modification, vacation, or termination of a notice or order, may request review of that action by filing an application for 12CODE OF STATE REGULATIONS review and request for hearing with the commission, under this rule within thirty (30) days after receiving notice of the action.

(B) The filing of an application for review and request for a hearing under this section shall not operate as a stay of any notice or order, or of any modification, termination, or vacation of either.

(11) Failure to Give Notice and Lack of Information. No notice of violation, cessation order, show cause order, or order revoking or suspending a permit may be vacated for failure to give notice to the director of the region and to the director, or because it is subsequently determined that the commission or director did not have information sufficient to justify an inspection.

(12) Inability to Comply.

(A) No cessation order or notice of violation issued under this section may be vacated because of inability to comply.

(B) Inability to comply may not be considered in determining whether a pattern of violations exists.

(C) Unless caused by lack of diligence, inability to comply may be considered only in mitigation of the amount of civil penalty under 10 CSR 40-8.040 and of the duration of the suspension of a permit under 10 CSR 40- 7.031.

(13) Injunctive Relief.

(A) The commission or director may request the attorney general to institute a civil action for relief, including a permanent or temporary injunction, restraining order or any other appropriate order, in the circuit court of the county in which the surface coal mining and reclamation operation or coal exploration is located or in which the operator has his/her principal office, whenever this operator or his/her agent— 1. Violates or fails or refuses to comply with any final order or decision by the commission or director or any authorized representative;

2. Interferes with, hinders, or delays the commission, the director or its authorized representative in carrying out the provisions of this law;

3. Refuses to admit the commission members, the director or any authorized representatives to the mine or refuses to permit inspection of the mine;

4. Refuses to furnish any information or report requested by the commission or director;

5. Refuses to permit access to, or copying of, records as the commission or director determines necessary;

6. Refuses to permit inspection of monitoring equipment; or 7. Mines or disturbs any land without a permit.

(B) For purposes of this section, a final order or decision under paragraph (13)(A)1. of this rule shall include any order or decision of the commission, the director or any authorized representative or hearing officer, even if it is subject to further administrative or judicial review, so long as the order or decision determines the rights or obligations of an operator, or if legal consequences may flow from a violation of, failure to comply with, or refusal to comply with the terms of the order or decision.

(14) The rules of discovery that apply in any civil court action shall apply to hearings held before the commission. All decisions with regard to the scope and manner of discovery assigned to the court in a civil action shall be performed by the commission or hearing officer in administrative proceedings held pursuant to this law and its rules.

(15) Intervention.

(A) Any person, including the Office of Surface Mining, may petition for leave to intervene at any stage of an administrative proceeding under the regulatory program.

(B) A petitioner for leave to intervene shall incorporate in the petition a statement setting forth the interest of the petitioner and, where required, a showing of why his/her interest is or may be adversely affected.

(C) The commission shall grant intervention where the petitioner— 1. Had a statutory right to initiate the proceeding in which s/he wishes to intervene; or 2. Has an interest which is or may be adversely affected by the outcome of the proceeding.

(D) If neither paragraph (15)(C)1. nor 2. of this rule apply, the commission shall consider the following in determining whether intervention is appropriate:

1. The nature of the issues;

2. The adequacy of representation of petitioner’s interest which is provided by the existing parties to the proceedings;

3. The ability of the petitioner to present relevant evidence and argument; and 4. The effect of the intervention on the commission’s implementation of its statutory mandate.

(E) Any person, including the Office of Surface Mining, granted leave to intervene in a proceeding may participate in a proceeding as a full party or, if desired, in a capacity less than that of a full party. If an intervenor wishes to participate in a limited capacity, the extent and the terms of the participation shall be at the discretion of the commission.

(16) Petitions for Award of Costs and Expenses Under Section 444.895.5, RSMo.

(A) Who May File. Any person may file a petition for award of costs and expenses including attorneys’ fees reasonably incurred as a result of that person’s participation in any administrative proceeding under the law which results in a final order being issued by the commission.

(B) Where to File—Time for Filing. The petition for an award of costs and expenses including attorneys’ fees must be filed with the commission within forty-five (45) days of receipt of this order. Failure to make a timely filing of the petition may constitute a waiver of the right to this award.

(C) Contents of Petition. A petition filed under this section shall include the name of the person from whom costs and expenses are sought and the following shall be submitted in support of the petition:

1. An affidavit setting forth in detail all costs and expenses including attorneys’ fees reasonably incurred for, or in connection with, the person’s participation in the proceeding;

2. Receipts or other evidence of these costs and expenses; and 3. Where attorneys’ fees are claimed, evidence concerning the hours expended on the case, the customary commercial rate of payment for these services in the area and the experience, reputation, and ability of the individual or individuals performing the services.

(D) Answer. Any person served with a copy of the petition shall have thirty (30) days from service of the petition within which to file an answer to this petition.

(E) Who May Receive an Award.

Appropriate costs and expenses including attorneys’ fees may be awarded to— 1. Any person from the permittee, if the person initiates any administrative proceedings reviewing enforcement actions, upon a finding that a violation of the regulatory program or permit has occurred, or that an imminent hazard existed, or to any person who participates in an enforcement proceeding where such a finding is made if the commission determines that the person made a substantial contribution to the full and fair determination of the issue;

2. Any person other than a permittee or his/her representative from the state, if the person initiates or participates in any proceeding under the law upon a finding that the person made a substantial contribution to a full and fair determination of the issues;

3. A permittee from the state when the permittee demonstrates that the commission or the director issued an order of cessation, a notice of violation or an order to show cause why a permit should not be suspended or revoked, in bad faith and for the purpose of harassing or embarrassing the permittee;

4. A permittee from any person where the permittee demonstrates that the person initiated a proceeding under section 444.895, RSMo, or participated in a proceeding in bad faith for the purpose of harassing or embarrassing the permittee; or 5. The state where it demonstrates that any person applied for review pursuant to

section 444.895, RSMo, or that any party participated in a proceeding in bad faith and for the purpose of harassing or embarrassing the state.

(F) Awards. An award under these sections may include all costs and expenses, including attorneys’ fees and expert witness fees, reasonably incurred as a result of initiation, participation in a proceeding under the law, or both.

(17) Informal Public Hearing.

(A) Except as provided in subsections (17)(B) and (C), a notice of violation or cessation order which requires cessation of mining, expressly, or by necessary implication, shall expire within thirty (30) days after it is served unless an informal public hearing has been held within that time. The hearing shall be held at or reasonably close to, the mine site so that it may be viewed during the hearing. The county courthouse nearest to the mine site shall be deemed to be reasonably close to the mine site unless a closer location is requested and agreed to by the director or commission. Expiration of a notice or order shall not affect the director’s or commission’s right to assess civil penalties for the violations mentioned in the notice or order under

**History**
- *authority shall prepare and maintain for public review a written finding justifying the alternative inspection frequency selected.*
- *authority where written comments on the reduced inspection frequency may be submitted, and the closing date of the comment period.*

##### **10 CSR 40-8.040** (civil penalties). For the purposes of this section, mining means extracting coal from the earth or coal waste piles and transporting it within or from the permit area. {#sec-10-csr-40-8.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-8.040}

(B) A notice of violation or cessation order shall not expire as provided in subsection (17)(A) of this rule, if the condition, practice, or violation in question has been abated, if the informal public hearing has been waived, or if, with the consent of the person to whom the notice or order was issued, the informal public hearing is held later than thirty (30) days after the notice or order was served. For purposes of this section— 1. The informal public hearing will be deemed waived if the person to whom the notice or order was issued— A. Is informed, by written notice served in the manner provided in paragraph (17)(B)2. of this rule, that s/he will be deemed to have waived an informal public hearing unless s/he requests one within thirty (30) days’ service of the notice or order; and B. Fails to request an informal public hearing within that time;

2. The written notice referred to in subparagraph (17)(B)1.A. of this rule shall be included with the notice of violation or cessation order; and 3. The person to whom the notice or order is issued shall be deemed to have consented to an extension of the time for holding the informal public hearing if his/her request is received on or after the twenty-first day after service of the notice or order. The extension of time shall be equal to the number of days elapsed after the twenty-first day.

(C) The director shall give as much advance notice as is practicable of the time, place and subject matter of the informal public hearing to— 1. The person to whom the notice or order was issued;

2. Any person who filed a report which led to that notice or order; and 3. The office of the director of the region.

(D) The director also shall post notice of the hearing at the county courthouse closest to the mine site and publish it, where practicable, in a newspaper of general circulation in the area of the mine.

(E) An informal public hearing shall be conducted by the director or commission who may accept oral or written arguments and any other relevant information from any person attending.

(F) Within fifteen (15) days after the close of the informal public hearing, the commission shall affirm, modify, or vacate the notice or order in writing. The decision shall be sent to— 1. The person to whom the notice or order was issued;

2. Any person who filed a report which led to the notice or order; and 3. The office of the director of the region.

(G) The granting or waiver of an informal public hearing shall not affect the right of any person to formal review under sections 444.870.2, 444.885.1, and 444.895, RSMo.

At the formal review proceedings, no evidence as to statements made or evidence produced at an informal public hearing shall be introduced as evidence or to impeach a witness.

(H) The person conducting the hearing for the commission shall determine whether or not the site should be viewed during the hearing. In making this determination, the only consideration shall be whether a view of the mine site will assist the person conducting the hearing in reviewing the appropriateness of the enforcement action or of the required remedial action.

(18) Delinquency in Reclamation.

(A) If the director determines that a permittee has failed to complete reclamation within the time limits specified in 10 CSR 40- 3.120(8) or 10 CSR 40-3.270(8), s/he shall issue a notice of delinquent reclamation to the permittee.

(B) The notice of delinquent reclamation shall be in writing, shall be signed by the director and shall set forth with reasonable specificity— 1. The nature of the delinquency;

2. The remedial action required, which may include interim steps; and 3. A reasonable time for abatement, which may include time for accomplishment of interim steps.

(C) The commission or director may extend the time set for abatement in accordance with the criteria set forth in subsection (7)(F). Except as set out in 10 CSR 40- 7.031(2)(A)2., the total time for abatement of a notice of delinquent reclamation, including all extensions described under subsection (7)(F), shall not exceed— 1. One hundred eighty (180) days from the date of issuance if the notice of delinquent reclamation is issued for failure to comply with the requirements of 10 CSR 40- 3.120(8)(A)1., 2. or 4., or 10 CSR 40- 3.270(8)(A)1., 2. or 4.;

2. One (1) year from the date of issuance if the notice of delinquent reclamarequirements of 10 CSR 40-3.120(8)(A)3., 5., 6., 7., or 8., or 10 CSR 40- 3.270(8)(A)3., 5., 6., 7., or 8.; and 3. If the notice of delinquent reclamarequirements of 10 CSR 40-3.120(8)(A)1., 2., or 4., or 10 CSR 40-3.270(8)(A)1., 2., or 4., the director, until the notice of delinquent reclamation is abated, shall report to the commission on a monthly basis the status of the abatement work.

(D) A notice of delinquent reclamation shall be served on the permittee or his/her designated agent promptly after issuance as follows:

1. By tendering a copy at the surface coal mining and reclamation operation to the designated agent or to the individual who, based upon reasonable inquiry by the authorized representative, appears to be in charge 14CODE OF STATE REGULATIONS of the coal exploration or surface coal mining and reclamation operation referred to in the notice. Service shall be completed upon tender of the notice and shall not be deemed incomplete because of refusal to accept; or 2. As an alternative to paragraph (18)(D)1. of this rule, service may be made by sending a copy of the notice by certified mail to the permittee or his/her designated agent. Service shall be complete upon tender of the notice by mail and shall not be deemed incomplete because of refusal to accept.

(E) A person issued a notice of delinquent reclamation under this section, or a person having an interest which is or may be adversely affected by the issuance, modification, vacation, or termination of a notice of delinquent reclamation, may request a formal hearing before the commission within thirty (30) days after receiving notice of the action.

1. The filing of an application for review and request for a hearing shall not constitute a stay of any notice or of any modification, termination, or vacation of the stay.

2. A hearing shall be conducted by the commission within one hundred twenty (120) days of the receipt of the request for a hearing, except that the hearing shall be conducted within thirty (30) days of the receipt of the request, if so requested in the application.

Within forty-five (45) days after the close of the hearing, the commission shall affirm, modify, or vacate the notice of delinquent reclamation.

(F) If a permittee fails to complete remedial action by the date(s) established by the director, the director shall file with the commission a complaint for revocation of the permit, as set out in 10 CSR 40-7.031(2).

(G) In addition to penalties pursuant to 10 CSR 40-8.040, a penalty of twenty-five cents (25¢) per ton of coal sold, shipped, or otherwise disposed of during the delinquency period may be imposed upon the permittee if the director determines that the delinquency was caused by a lack of diligence by the permittee. The delinquency period shall begin at the time of the issuance of the notice of delinquent reclamation and shall end when the remedial action is completed or when the time set for abatement of the delinquent reclamation expires, whichever comes first.

1. If the director determines that a penalty, as specified in this subsection, should be imposed, s/he, within thirty (30) days after the end of the delinquency period, shall send a notice to the permittee or his/her designated agent proposing the amount of the penalty. If the notice of delinquent reclamarequirements of 10 CSR 40-3.120(8)(A)1., 2., or 4., or 10 CSR 40-3.270(8)(A)1., 2., or 4., the director shall propose the maximum penalty that may be imposed pursuant to this subsection. The permittee or designated agent shall have thirty (30) days after receipt of the notice to request a hearing before the commission to contest the penalty.

2. The penalty shall be paid within thirty (30) days after receipt of notice of the proposed penalty or within thirty (30) days after the commission’s decision on a contested penalty, whichever comes last. The penalty shall be credited to the Coal Mine Land Reclamation Fund.

(H) In addition to the penalty described in subsection (18)(G), the commission may require a permittee who has been issued a notice of delinquent reclamation to submit additional bonding. The additional bonding shall be of an amount sufficient to cover the extra liability to the reclamation fund represented by the delinquency and shall remain in effect for a minimum of one (1) year.

Feb. 11, 1980. Amended: Filed April 14, Filed May 12, 1980, effective Sept. 12, 1980.

Amended: Filed Dec. 10, 1980, effective April 11, 1981. Amended: Filed Aug. 13, 1982, effective Nov. 11, 1982. Amended:

Filed Dec. 9, 1982, effective April 11, 1983.

Amended: Filed June 3, 1985, effective Oct. 28, 1985. Amended: Filed June 27, 1986, effective Oct. 27, 1986. Amended: Filed Aug. 4, 1987, effective Nov. 23, 1987. Amended:

Filed July 3, 1990, effective Nov. 30, 1990.

Amended: Filed May 15, 1992, effective Jan. 15, 1993. Amended: Filed Sept. 15, 1994, effective April 30, 1995. Amended: Filed March 21, 2000, effective Oct. 30, 2000.

Amended: Filed July 15, 2013, effective Jan. 30, 2014.

##### **10 CSR 40-8.040** Penalty Assessment {#sec-10-csr-40-8.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-8.040}

PURPOSE: This rule sets forth the method of assessment of penalties for violation of the regulatory program, pursuant to sections 444.810 and 444.870, RSMo.

(1) How Assessments Are Made. The director shall review each notice of violation and cessation order in accordance with the assessment procedures described in this rule to determine whether a civil penalty should be assessed, the amount of the penalty and whether each day of a continuing violation will be deemed a separate violation for purposes of the total penalty assessed and, when appropriate, file with the commission and serve the operator the notice provided by section 444.870, RSMo within thirty (30) days of the issuance of the notice of violation or the cessation order.

(2) When Penalty Will Be Assessed.

(A) A penalty shall be assessed for each cessation order.

(B) A penalty shall be assessed for each notice of violation, if the violation is assigned thirty-one (31) points or more under the point system described in section (3) of this rule.

(C) A penalty may be assessed for each notice of violation assigned thirty (30) points or less under the point system described in

section (3) of this rule. In determining whether to assess a penalty, the factor listed in subsection (3)(B) of this rule will be considered.

(3) Point System for Penalties.

(A) The point system described in this section shall be used to determine the amount of the penalty and, in the case of notices of violation, whether a mandatory penalty should be assessed as provided in subsection (2)(B) of this rule.

(B) Points shall be assigned as follows:

1. History of previous violations. Up to thirty (30) points shall be assigned based on the history of previous violations. One (1) point shall be assigned for each past violation contained in a notice of violation. Five (5) points shall be assigned for each violation (but not a condition or practice) contained in a cessation order. The history of previous violations, for the purpose of assigning points, shall be determined and the points assigned with respect to a particular coal exploration or surface coal mining operation as follows:

A. A violation shall not be counted if the fact of the violation or the proposed assessment of the notice or order is the subject of pending administrative or judicial review or if the time to request review or to appeal any administrative or judicial decision has not expired; after that it shall be counted for only one (1) year;

B. No violation for which the notice or order has been vacated shall be counted;

C. Each violation shall be counted without regard to whether it led to a civil penalty assessment;

2. Seriousness. Up to thirty (30) points shall be assigned based on the seriousness of the violation as follows:

A. Probability of occurrence. Up to fifteen (15) points shall be assigned based on the probability of the occurrence of the event which a violated standard is designed to prevent. Points shall be assessed according to the following schedule:

Probability of OccurrencePoints None0 Insignificant1–4 Unlikely5–9 Likely10–14 Occurred15 (I) Upon determination of the point range, unless zero (0) or fifteen (15) is chosen, the initial assignment shall be determined by averaging the low and high values; fractional averages shall be reduced to the next lowest whole number; and (II) The initial assignment may be raised or lowered based upon the evidence collected during the course of the investigation;

B. Extent of potential or actual damage. Up to fifteen (15) points shall be assigned, based on the extent of the potential or actual damage, in terms of area and impact on the public or environment, as follows:

(I) If the damage or impact which the violated standard is designed to prevent would remain within the coal exploration or permit area, zero to seven (0-7) points, depending on the duration and extent of the damage or impact, shall be assigned as follows:

(a) If no damage is documented during the investigation and none will occur if the violation continues into the future, zero (0) points shall be assigned;

(b) If no damage is documented during the investigation, but the potential exists for damage to occur, then one (1) point shall be assigned; and (c) If damage is documented during the investigation, two to seven (2–7) points shall be assigned based upon the evidence of damage collected during the course of the investigation; and (II) If the damage or impact which the violated standard is designed to prevent would extend outside the coal exploration or permit area, eight to fifteen (8–15) points, depending on the duration and extent of the damage or impact, shall be assigned as follows:

(a) If no damage is documented during the investigation, but the potential exists for damage to occur, then eight (8) points shall be assigned; or (b) If damage is documented during the investigation, nine to fifteen (9–15) points shall be assigned based upon the evidence of damage collected during the course of the investigation; and C. Alternative. In the case of a violation of an administrative requirement, such as a requirement to keep records, in lieu of subparagraphs (3)(B)2.A. and B. of this rule, up to fifteen (15) points shall be assigned for seriousness, based upon the extent to which enforcement is obstructed by the violation, as follows:

(I) Initially, seven (7) points shall be assigned; or (II) The initial assignment may be raised or lowered based upon the investigation;

3. Negligence.

A. Up to twenty-five (25) points shall be assigned based on the degree of fault of the person to whom the notice or order was issued in causing or failing to correct the violation, condition, or practice which led to the notice or order, either through act or omission. Points shall be assessed as follows:

(I) A violation which occurs through no negligence shall be assigned no penalty points for negligence;

(II) A violation which is caused by negligence shall be assigned twelve (12) points or less, depending on the degree of negligence as follows:

(a) Initially, six (6) points shall be assigned to which three (3) points shall be added for each warning that was issued in conjunction with the violation; and (b) The initial selection shall be raised or lowered based on the investigation;

(III) A violation which occurs through a greater degree of fault than negligence shall be assigned thirteen to twenty-five (13–25) points, depending on the degree of fault, as follows:

(a) Initially, nineteen (19) points shall be assigned to which three (3) points shall be assigned for each warning issued in conjunction with the violation; and (b) The initial selection of nineteen (19) shall be raised or lowered based on the investigation.

B. In determining the degree of negligence involved in a violation and the number of points to be assigned, the following definitions apply:

(I) No negligence means an inadvertent violation which was unavoidable by the exercise of reasonable care;

(II) Negligence means the failure of a permittee to prevent the occurrence of any violation of his/her permit or any requirement of the regulatory program, permit, or plan due to indifference, lack of diligence or lack of reasonable care, or the failure to abate any violation due to indifference, lack of diligence, or lack of reasonable care; and (III) A greater degree of fault than negligence means reckless, knowing, or intentional conduct.

C. In calculating points to be assigned for negligence, the acts of all persons working on the coal exploration or surface coal mining and reclamation site shall be attributed to the person to whom the notice or order was issued, unless that person establishes that they were acts of deliberate sabotage; and 4. Good faith in attempting to achieve compliance.

A. Points shall be subtracted based on the degree of good faith of the person to whom the notice or order was issued in attempting to achieve rapid compliance after notification of the violation. Points shall be assigned as follows:

(I) Ten (10) points shall be awarded when abatement occurs immediately or within ten percent (10%) of the time set for abatement;

(II) Nine (9) points shall be awarded when abatement occurs within eleven percent to twenty percent (11%–20%) of the time set for abatement.

(III) Eight (8) points shall be awarded when abatement occurs within twenty-one percent to thirty percent (21%–30%) of the time set for abatement;

(IV) Seven (7) points shall be awarded when abatement occurs within thirty-one percent to forty percent (31%–40%) of the time set for abatement;

(V) Six (6) points shall be awarded when abatement occurs within forty-one percent to fifty percent (41%–50%) of the time set for abatement;

(VI) Five (5) points shall be awarded when abatement occurs within fifty-one percent to sixty percent (51%–60%) of the time set for abatement;

(VII) Four (4) points shall be awarded when abatement occurs within sixty-one percent to seventy percent (61%–70%) of the time set for abatement;

(VIII) Three (3) points shall be awarded when abatement occurs within seventy-one percent to eighty percent (71%–80%) of the time set for abatement;

(IX) Two (2) points shall be awarded when abatement occurs within eighty-one percent to ninety percent (81%–90%) of the time set for abatement;

(X) One (1) point shall be awarded when abatement occurs within ninety-one percent to ninety-nine percent (91%–99%) of the time set for abatement.

B. The following definitions shall apply for subtraction of points:

(I) Rapid compliance means that the person to whom the notice or order was issued took extraordinary measures to abate the violation in the shortest possible time and that abatement was achieved before the time 16CODE OF STATE REGULATIONS set for abatement; and (II) Normal compliance means the person to whom the notice or order was issued abated the violation within the time given for abatement.

C. If the consideration of this criterion is impractical because of the length of the abatement period, the assessment may be made without considering this criterion and may be reassessed after the violation has been abated.

D. The fact that an abatement period has been extended by modification for good cause shown shall not disqualify an operator from an award of good faith points.

(4) Determination of Amount of Penalty. The amount of any civil penalty will be determined by converting the total number of points assigned under section (3) of this rule to a dollar amount, according to the following schedule:

Points Dollars Points Dollars 120 37 1700 240381800 360391900 480402000 5100412100 6120422200 7140432300 8160442400 9180452500 1020046 2600 11220472700 12240482800 13260492900 14280503000 15300513100 16320523200 17340533300 18360543400 19380553500 20400 563600 21420573700 22440583800 23460593900 24480604000 25500614100 26600624200 27700634300 28800644400 29900654500 30 1000664600 311100674700 32 1200684800 33 1300694900 34 1400705000 35 1500and 36 1600above (5) Assessment of Separate Violations For Each Day.

(A) A civil penalty may be assessed for each day from the date of issuance of the notice of violation or cessation order to the date set for abatement of the violation. In determining whether to make the assessment, the factors listed in section (3) of this rule shall be considered and the extent to which the person, to whom the notice or order was issued, gained any economic benefit as a result of a failure to comply may be considered. For any violation which continues for two (2) or more days and which is assigned more than seventy (70) points under subsection (3)(B) of this rule, a civil penalty for a minimum of two (2) separate days shall be assessed.

(B) In addition to the civil penalty provided for in subsection (5)(A) of this rule, whenever a violation contained in a notice of violation or cessation order has not been abated within the abatement period set in the notice or order, or as subsequently extended pursuant to section 444.885.1., RSMo, a civil penalty of not less than one thousand twenty five dollars ($1,025) shall be assessed for each day during which this failure continued except that— 1. If suspension of the abatement requirements of the notice or order is ordered in a temporary relief proceeding under section 444.895.3., RSMo, after a determination that the person to whom the notice or order was issued will suffer irreparable loss or damage from the application of the requirements, the period permitted for abatement shall not end until the date on which the commission issues a final order with respect to the violation in question;

2. If the person to whom the notice or order was issued initiates review proceedings under section 444.900, RSMo, with respect to the violation, in which the obligations to abate are suspended by the court, the daily assessment of a penalty shall not be made for any period before entry of a final order by the court; and 3. This penalty for the failure to abate a violation shall not be assessed for more than thirty (30) days for each violation. If the permittee has not abated the violation within the thirty- (30-) day period, the commission or director shall take appropriate action pursuant to sections 444.870.5. and 6. and 444.885.3. and 5., RSMo, within thirty (30) days to ensure that abatement occurs or to ensure that there will not be a reoccurrence of the failure to abate.

(6) Waiver of Use of Formula to Determine Civil Penalty.

(A) The commission, upon its own initiative or upon written request received within fifteen (15) days of issuance of a notice of violation or a cessation order, may waive the use of the formula contained in section (3) of this rule to set the civil penalty, if it is determined that, taking into account exceptional factors present in the particular case, the penalty is demonstrably unjust. However, the commission will not waive the use of the formula or reduce the proposed assessment on the basis of an argument that a reduction in the proposed penalty could be used to abate violations of the regulatory program, or any condition of any permit or plan. The basis for every waiver will be fully explained and documented in the records of the case.

(B) If the use of the formula is waived, the criteria set forth in subsection (3)(B) of this

rule shall be used to determine the appropriate penalty. When the commission has elected to waive the use of the formula, it will give a written explanation of the basis for the assessment made to the person to whom the notice or order was issued.

(7) Procedures For Assessment of Civil Penalties.

(A) When the director files a notice as provided in section (1) of this rule, the procedures set forth in section 444.870, RSMo will be followed.

(B) The director shall serve a copy of the proposed assessment and of the worksheet showing the computation of the proposed assessment on the person to whom the notice or order was issued by certified mail within thirty (30) days of the issuance of the notice or order.

1. If the mail is tendered at the address of that person set forth in the sign required under 10 CSR 40-3.010(3) or at any address at which that person is in fact located and s/he refuses to accept delivery of or to collect this mail, the requirements of this paragraph shall be deemed to have been complied with upon that tender.

2. Failure by the director to serve any proposed assessment within thirty (30) days shall not be grounds for dismissal of all or

part of this assessment unless the person against whom the proposed penalty has been assessed— A. Proves actual prejudice as a result of the delay; and B. Makes a timely objection to the delay. An objection shall be timely only if made in the normal course of administrative review, as outlined in section 444.870, RSMo.

(C) Unless a conference has been requested, the director shall review and reassess any penalty, if necessary, to consider facts which were not reasonably available on the date of issuance of the proposed assessment because of the length of the abatement period. The director shall serve a copy of any reassessment and of the worksheet showing the computation of the reassessment in the manner provided in section (8).

(8) Procedures for Informal Assessment Conference.

(A) The director shall arrange for an informal conference to review the proposed assessment or reassessment, upon written request of the person to whom the notice or order was issued, if the request is received within thirty (30) days from the date the proposed assessment or reassessment is received.

(B) The informal conference shall be held within sixty (60) days of the receipt of the written request.

(C) Failure to hold these conferences within that time period shall not be grounds for dismissal.

(D) The commission shall assign the director to hold the informal assessment conference. The conference shall not be governed by Chapter 536, RSMo regarding requirements for formal adjudicatory hearings.

(E) The director shall notify the person issued the notice or order; any person that caused, directly or indirectly, the issuance of the notice or order; and any interested persons of the time and place of the conference.

(F) The director shall consider all relevant information on the violation. Within fortyfive (45) days after the conference is held, the director shall either— 1. Issue a proposed settlement agreement that has been prepared and signed by him/herself to the person issued the notice or order; or 2. Affirm, raise, lower, or vacate the proposed penalty.

(G) The director promptly shall serve the person assessed with a notice of his/her action in the form of a settlement agreement and a cover letter explaining the action or a letter and a new worksheet, if required, if the penalty has been vacated, raised, or lowered.

(H) If the settlement agreement is signed by the person issued the notice or order, the person assessed will be deemed to have waived all rights of further review of the violation or penalty in question, except as otherwise expressly provided for in the settlement agreement. The settlement agreement shall contain a clause to this effect.

(I) If the settlement agreement is entered into, the agreement shall be proposed to the commission for approval or disapproval.

(J) If approved, a copy of the commission order and a request for payment within thirty (30) days shall be sent to the person issued the notice or order.

(K) If the settlement agreement is disapproved, or if payment is not made within thirty (30) days of commission approval, the director shall refer the agreement to the commission so that they might enforce the agreement or rescind it and affirm, raise, lower, or vacate the penalty within thirty (30) days of the rescission.

(L) If the person issued the notice or order does not accept a settlement agreement or any other action of the director which is a result of the informal assessment conference, s/he may request a formal review before the commission. The request shall be received by the commission within thirty (30) days of the receipt of the director’s decision from the conference.

(M) At any formal review proceedings, no evidence as to statements made or evidence produced by one (1) party at a conference shall be introduced as evidence by another party or to impeach a witness.

(9) Payment of the Penalty. Any penalty assessed under this rule shall be paid to the county treasurer of the county where the violation occurred and credited to the school fund.

(10) The regulations in this rule may be used for the assessment of civil or administrative penalties.

Feb. 11, 1980. Amended: Filed April 14, Filed Dec. 10, 1980, effective April 11, 1981.

Amended: Filed June 3, 1985, effective Oct. 28, 1985. Amended: Filed Jan. 5, 1987, effective July 1, 1987. Amended: Filed Dec. 15, 1987, effective April 1, 1988. Amended:

Filed March 2, 1989, effective May 15, 1989.

Amended: Filed July 3, 1990, effective Nov. 30, 1990. Amended: Filed Jan. 2, 1992, effective Aug. 6, 1992. Amended: Filed May 15, 1992, effective Jan. 15, 1993. Amended:

Filed Sept. 15, 1994, effective April 30, 1995. Amended: Filed July 15, 2013, effective Jan. 30, 2014.

##### **10 CSR 40-8.045** Individual Civil Penalty Assessment to the Directors, Officers or Agents of a Corporation {#sec-10-csr-40-8.045 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-8.045}

PURPOSE: This rule sets forth requirements for permanent program individual civil penalty assessments.

Editor’s Note: The secretary of state has expensive. The entire text of the rule has been filed with the secretary of state. The entire text of the rule may be found at the headquarters of the agency and is available to any interested person at a cost established by (1) This rule covers the assessment of individual civil penalties to the directors, officers or agents of a corporation as provided for in

section 444.870.6 of the Surface Coal Mining Law.

(2) Definitions. For purposes of this rule— (A) Knowingly means that an individual, in authorizing, ordering or carrying out an act or omission on the part of a corporate permittee, knew or had reason to know that the act or omission constituted a violation, failure or refusal;

(B) Violation, failure or refusal means— 1. A violation of a condition of a permit issued under sections 444.815 and 444.835 of the Surface Coal Mining Law; or 2. A failure or refusal to comply with any order issued under section 444.885, RSMo or any order incorporated in a final decision issued by the commission under the Surface Coal Mining Law, except an order incorporated in a decision issued under section 444.870.2 of that law; and (C) Willfully means that an individual acted— 1. Either intentionally, voluntarily or consciously; and 2. With intentional disregard of or plain indifference to legal requirements in authorizing, ordering or carrying out a corporate permittee’s action or omission that constituted a violation, failure or refusal.

(3) When an Individual Civil Penalty May Be Assessed.

(A) Except as provided in subsection (3)(B), the commission may assess an individual civil penalty against any corporate director, officer or agent of a corporate permittee who knowingly and willfully authorized, ordered or carried out a violation, failure or refusal.

(B) The commission shall not assess an individual civil penalty in situations resulting from a permit violation by a corporate permittee until a cessation order has been issued by the commission or its representative to the corporate permittee for the violation and the 18CODE OF STATE REGULATIONS cessation order has remained unabated for thirty (30) days.

(4) Amount of Individual Civil Penalty.

(A) In determining the amount of an individual civil penalty assessed under section (3) of this rule, the commission shall consider the criteria specified in section 444.870.1 of the Surface Coal Mining Law, including:

1. The individual’s history of authorizing, ordering or carrying out previous violations, failures or refusals at the particular surface coal mining operation;

2. The seriousness of the violation, failure or refusal (as indicated by the extent of damage, the cost of reclamation, or both), including any irreparable harm to the environment and any hazard to the health or safety of the public; and 3. The demonstrated good faith of the individual charged in attempting to achieve rapid compliance after notice of the violation, failure or refusal.

(B) The penalty shall not exceed five thousand dollars ($5000) for each violation. Each day of a continuing violation may be deemed a separate violation and the commission may assess a separate penalty for each day the violation, failure or refusal continues, from the date of service of the underlying notice of violation, cessation order or other order incorporated in a final decision issued by the commission, until abatement or compliance is achieved.

(5) Procedure for Assessment of Individual Civil Penalty.

(A) The director shall serve on each individual to be assessed an individual civil penalty a notice of the proposed assessment, including a narrative explanation of the reasons for the penalty, the amount to be assessed and a copy of any underlying notice of violation and cessation order.

(B) The notice of proposed individual civil penalty assessment shall become a final order of the commission thirty (30) days after service upon the individual unless— 1. The individual files within thirty (30) days of service of the notice of proposed assessment a petition for review with the commission, in accordance with section 444.870.3 of the Surface Coal Mining Law; or 2. The director and the individual or responsible corporate permittee agree within thirty (30) days of service of the notice of proposed assessment to a schedule or plan for the abatement or correction of the violation, failure or refusal.

(C) For purposes of this section, service is sufficient if made in accordance with the provisions of 10 CSR 40-8.030(9) at the surface coal mining or reclamation operation or to the most current corporate address provided by the permittee to the commission.

(6) Payment of Penalty.

(A) If a notice of proposed individual civil penalty assessment becomes a final order in the absence of a petition for review or abatement agreement, the penalty shall be due upon issuance of the final order.

(B) If an individual named in a notice of proposed individual civil penalty assessment files a petition for review in accordance with

section 444.870.3 of the Surface Coal Mining Law, the penalty shall be due upon issuance of a final administrative order affirming, increasing or decreasing the proposed penalty.

(C) When the director and the corporate permittee or individual have agreed in writing on a plan for the abatement of or compliance with the unabated order, an individual named in a notice of proposed individual civil penalty assessment may postpone payment until receiving either a final order from the commission stating that the penalty is due on the date of the final order, or written notice that abatement or compliance is satisfactory and the penalty has been withdrawn.

(D) Following the expiration of thirty (30) days after the issuance of a final order assessing an individual civil penalty, any delinquent penalty shall be subject to interest at the rate established quarterly by the United States Department of the Treasury for use in applying late charges on late payments to the commission. The Treasury current value of funds rate is published by the Fiscal Service in the notices section of the Federal Register.

Interest on unpaid penalties will run from the date payment first was due until the date of payment. Failure to pay overdue penalties may result in one (1) or more of the following actions: 1) initiating of litigation, 2) reporting to the Internal Revenue Service, 3) reporting to the Missouri Department of Revenue, 4) reporting to credit bureaus and 5) referring to collection agencies.

Delinquent penalties are subject to a six percent (6%) per annum penalty from when the payment is ninety-one (91) days late until payment, in addition to the previously discussed late charges and any expenses accumulated by the commission while attempting to collect delinquent penalties.

RSMo 1994.* Original rule filed May 2, 1989, effective Aug. 1, 1989. 1990, 1993 and 444.810, RSMo 1979, amended 1983, 1993.

##### **10 CSR 40-8.050** Small Operators’ Assistance {#sec-10-csr-40-8.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-8.050}

PURPOSE: This rule sets forth the requirements for the Small Operators’ Assistance Program pursuant to 444.530 and 444.810, RSMo.

(1) Definition. Qualified laboratory means a designated public agency, private firm, institution or analytical laboratory that can provide the required determination of probable hydrologic consequences or statement of results of test borings or core samplings or other services as specified in section (5) of this rule under the Small Operators’ Assistance Program and which meets the standards of section (6) of this rule.

(2) Eligibility for Assistance. An applicant is eligible for assistance if s/he— (A) Intends to apply for a permit pursuant to the law;

(B) Establishes that his/her probable total attributed annual production from all locations on which the operator is issued the surface coal mining and reclamation permit, will not exceed three hundred thousand (300,000)

tons. Production from the following operations shall be attributed to the applicant:

1. The pro ratashare, based upon percentage of ownership of applicant, of coal produced by operations in which the applicant owns more than a ten percent (10%) interest;

2. Thepro ratashare, based upon percentage of ownership of applicant, of coal produced in other operations by persons who own more than ten percent (10%) of the applicant’s operation;

3. All coal produced by operations owned by persons who, directly or indirectly, control the applicant by reason of direction of the management; and 4. All coal produced by operations owned by members of the applicant’s family and the applicant’s relatives, unless it is established that there is no direct or indirect business relationship between or among them;

(C) Is not restricted in any manner from receiving a permit under the permanent regulatory program; and (D) Does not organize or reorganize his/her company solely for the purpose of obtaining assistance under the Small Operators’ Assistance Program.

(3) Filing for Assistance. Each application for assistance shall include the following information:

(A) A statement of the operator’s intent to file a permit application;

(B) The names and addresses of— 1. The permit applicant; and 2. The operator, if different from the applicant;

(C) A schedule of the estimated total production of coal from the proposed permit area and all other locations from which production is attributed to the applicant under section (3). The schedule shall include for each location:

1. The operator or company name under which coal is or will be mined;

2. The permit number and Mine Safety and Health Administration (MSHA) number;

3. The actual coal production during the year preceding the year for which the applicant applies for assistance and production that may be attributed to the applicant under

section (3); and 4. The estimated coal production and any production which may be attributed to the applicant for each year of the proposed permit;

(D) A description of— 1. The proposed method of coal mining;

2. The anticipated starting and termination dates of mining operations;

3. The number of acres of land to be affected by the proposed mining operation;

4. A general statement on the probable depth and thickness of the coal resource including a statement of reserves in the permit area and the method by which they were calculated;

(E) A United States Geological Survey topographic map at a scale of 1:24,000 or larger, or other topographic map of equivalent detail which clearly shows— 1. The area of land to be affected;

2. The location of any existing or proposed test borings; and 3. The location and extent of known workings of any underground mines; and (F) Copies of documents which show that— 1. The applicant has a legal right to enter and commence mining within the permit area; and 2. A legal right of entry has been obtained for the director or commission and laboratory personnel to inspect the lands to be mined and adjacent areas to collect environmental data or to install necessary instruments.

(4) Application Approval and Notice.

(A) If the director or commission finds the applicant eligible, s/he shall inform the applicant in writing that the application is approved.

(B) If the director or commission finds the applicant ineligible, s/he shall inform the applicant in writing that the application is denied and shall state the reasons for denial.

(5) Program Services and Data Requirements.

(A) To the extent possible with available funds, the director or commission shall select and pay a qualified laboratory to make the determination and statement and provide other services referenced in subsection (5)(B) of this rule for eligible operators who request assistance.

(B) The director or commission shall determine the data needed for each applicant or group of applicants. Data collected and the results provided to the director or commission shall be sufficient to satisfy the requirements for— 1. The determination of the probable hydrologic consequences of the surface mining and reclamation operations in the proposed permit area and adjacent areas including the engineering analysis and designs necessary for the determination in accordance with 10 CSR 40-6.050(9)(C) and any other applicable provisions of this chapter;

2. The drilling and statement of the results of test borings or core samplings for the proposed permit area in accordance with 10 CSR 40-6.040(5) and 10 CSR 40-6.110(5), and any other applicable provisions of this

chapter;

3. The development of cross-section maps and plans required by 10 CSR 40- 6.040(15);

4. The collection of archaeological and historic information and related plans required by 10 CSR 40-6.040(3)(B) and 10 CSR 40-6.050(14) and any other archaeological and historic information required by the regulatory authority;

5. Pre-blast surveys required by 10 CSR 40-6.050(4); and 6. The collection of site-specific resources information, the production of protection and enhancement plans for fish and wildlife habitats required by 10 CSR 40- 6.050(7) and information and plans for any other environmental values required by the regulatory authority under the Act.

(C) Data collection and analysis may proceed concurrently with the development of mining and reclamation plans by the operator.

(D) Data collected under this program shall be made publicly available in accordance with 10 CSR 40-6.070(6). The director or commission shall develop procedures for interstate coordination and exchange of data.

(6) Qualified Laboratories.

(A) Basic Qualifications. To be designated a qualified laboratory, a firm shall demonstrate that it— 1. Is staffed with experienced, professional or technical personnel in the fields applicable to the work to be performed;

2. Has adequate space for material preparation and cleaning and sterilizing equipment and has stationary equipment, storage and space to accommodate workloads during peak periods;

3. Meets applicable federal or state safety and health requirements;

4. Has analytical, monitoring and measuring equipment capable of meeting applicable standards;

5. Has the capability of collecting necessary field samples and making hydrologic field measurements and analytical laboratory determinations by acceptable hydrologic, geologic or analytical methods in accordance with the requirements of 10 CSR 40- 6.040(5), 10 CSR 40-6.110(5) and 10 CSR 40-6.120(5), and any other applicable provisions of this chapter. Other appropriate methods or guidelines for data acquisition may be approved by the director; and 6. Has the capability of performing services for either the determination or statement referenced in subsection (5)(B).

(B) Subcontractors. Subcontractors may be used to provide some of the required services, provided their use is identified at the time a determination is made that a firm is qualified and they meet requirements specified by the director or commission.

(8) Assistance Funding.

(A) Use of Funds. Funds specifically authorized for this program shall be used to provide the services specified in subsection (5) and shall not be used to cover administrative expenses.

(B) Allocation of Funds. The director or commission shall establish a formula for allocating funds to provide services for eligible small operators if available funds are less than those required to provide the services pursuant to this rule.

(9) Applicant Liability.

(A) A coal operator who has received assistance pursuant to section (5) of this rule, shall reimburse the director or commission for the cost of the services rendered if— 1. The applicant submits false information, fails to submit a permit application within one (1) year from the date of receipt of 20CODE OF STATE REGULATIONS the approved laboratory report or fails to mine after obtaining a permit;

2. The director or commission finds that the operator’s actual and attributed annual production of coal for all locations exceeds three hundred thousand (300,000) tons during the twelve (12) months immediately following the date on which the operator is issued the surface coal mining and reclamation permit; or 3. The permit is sold, transferred or assigned to another person and the transferee’s total actual and attributed production exceeds the three hundred thousand (300,000)-ton annual production limit during the twelve (12) months immediately following the date on which the permit was originally issued. Under this section, the applicant and its successor are jointly and severally obligated to reimburse the director or commission.

(B) The director or commission may waive the reimbursement obligation if s/he finds that the applicant at all times acted in good faith.

Filed March 21, 2000, effective Oct. 30, 2000. 1990, 1993, 1995.

**History**
- *AUTHORITY: section 444.530, RSMo Supp. 1999. Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended: Filed Aug. 13, 1982, effective Nov. 11, 1982. Rescinded and readopted: Filed Aug. 4, 1987, effective Nov. 23, 1987. Amended: Filed Sept. 15, 1994, effective April 30, 1995. Amended:*

##### **10 CSR 40-8.060** State Employees Financial Interest {#sec-10-csr-40-8.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-8.060}

PURPOSE: This rule sets forth procedures for determining financial interests of state employees in coal mining, pursuant to sections 444.810 and 444.865.8, RSMo.

(1) To insure compliance with section 444.865.8, RSMo, the commission shall— (A) Provide advice, assistance and guidance to all state employees required to file statements pursuant to section (4) of this rule;

(B) Promptly review the statement of employment and financial interest and supplements, if any, filed by each employee, to determine if the employee has correctly identified those listed employment and financial interests which constitute a direct or indirect financial interest in an underground or surface coal mining operation;

(C) Resolve prohibited financial interest situations by initiating remedial action or by reporting the violations to the director of the office who is responsible for initiating action to impose the penalties of the Act;

(D) Certify on each statement that review has been made, that prohibited financial interests, if any, have been resolved and that no other prohibited interests have been identified from the statement;

(E) Submit to the director of the office those statistics and information as s/he may request to enable preparation of the required annual report to congress;

(F) Submit to the director of the office the initial listing and the subsequent annual listings of positions as required by section (4) of this rule;

(G) Furnish a blank statement forty-five (45) days in advance of the filing date established by subsection (6)(A) to each state employee required to file a statement; and (H) Inform annually each state employee required to file a statement with the commission of the name, address and telephone number of the person whom they may contact for advice and counseling.

(2) Commission employees performing any duties or functions under the law shall— (A) Have no direct or indirect financial interest in coal mining operations;

(B) File a fully completed statement of employment and financial interest or upon entrance to duty and annually after that on the specified filing date; and (C) Comply with directives issued by persons responsible for approving each statement and comply with directives issued by those persons responsible for ordering remedial action.

(3) Definitions.

(A) Coal mining operation means the business of developing, producing, preparing or loading bituminous coal, subbituminous coal, anthracite or lignite or of reclaiming the areas upon which those activities occur.

(B) Employee means— 1. Any person employed by the commission who performs any function or duty under the law; and 2. Advisory board members and consultants who perform any function or duty under the law, if they perform decision-making functions for the commission under the law or regulations.

(C) Performing any function or duty under this law means those decisions or actions, which if performed or not performed by an employee affect the programs under the law.

(D) Direct financial interest means ownership or part ownership by an employee of lands, stocks, bonds, debentures, warrants, partnership shares or other holdings and also means any other arrangement where the employee may benefit from his/her holding in or salary from coal mining operations. Direct financial interests include employment, pensions, creditor, property and other financial relationships.

(E) Indirect financial interest means the same financial relationships as for direct ownership, but where the employee reaps the benefits of these interests, including interest held by his/her spouse, minor child and other relatives, including in-laws residing in the employee’s home. The employee will not be deemed to have an indirect financial interest if there is no relationship between the employee’s functions or duties and the coal mining operation in which the spouse, minor children or other resident relatives hold a financial interest.

(F) Prohibited financial interest means any direct or indirect financial interest in any coal mining operation.

(4) Penalties.

(A) Criminal penalties are imposed by section 444.865, RSMo which prohibits each employee of the commission who performs any function or duty under the law from having a direct or indirect financial interest in any underground or surface coal mining operation and whoever knowingly violates the provisions of section 444.865.8, RSMo, upon conviction, shall be punished by a fine of not more than two thousand five hundred dollars ($2500) or by imprisonment of not more than one (1) year or by both.

(B) Regulatory Penalties. The provisions in

section 444.865.8, RSMo make compliance with the financial interest requirements a condition of employment for employees of the commission who perform any functions or duties under the law. Accordingly, an employee who fails to file the required statement will be considered in violation of the intended employment provisions of section 444.865.8, RSMo and will be subject to removal from his/her position.

(5) Where To File. The commission members shall file their statements with the director of the office. All employees shall file their statements with the commission.

(6) What To Report.

(A) Each employee shall report all information required on the statement of employment and financial interests of the employee, his/her spouse, minor children or other relatives who are full-time residents of the employee’s home. The report shall be on a form which will be provided. The statement consists of the following three (3) major parts:

1. A listing of all financial interests, including employment, security, real property, creditor and other financial interests held during the course of the preceding year;

2. A certification that none of the listed financial interest represents a direct or indirect financial interest in an underground or surface coal mining operation except as specifically identified and described by the employee as part of the certificate; and 3. A certification by the reviewer that the form was reviewed, that prohibited interests have been resolved and that no other prohibited interests have been identified from the statement.

(B) Listing of All Financial Interests. The statement will set forth the following information regarding any financial interest:

1. Employment. Any continuing financial interests in business entities and nonprofit organizations through a pension or retirement plan, shared income, salary or other income arrangement as a result of prior or current employment. The employee, his/her spouse or other resident relative is not required to report a retirement plan from which s/he will receive a guaranteed income.

A guaranteed income is one which is unlikely to be changed as a result of actions taken by the commission;

2. Securities. Any financial interests in business entities and nonprofit organizations through ownership of stock, stock options, bonds, securities or other arrangements including trusts. An employee is not required to report holdings in widely diversified mutual funds, investment clubs or regulated investment companies not specializing in underground and surface coal mining operations;

3. Real property ownership, lease, royalty or other interests or rights in lands or minerals. Employees are not required to report lands developed and occupied for a personal residence; and 4. Creditors. Debts owed to business entities and nonprofit organizations.

Employees are not required to report debts owed to financial institutions (banks, savings and loan associations, credit unions and the like) which are chartered to provide commercial or personal credit. Also excluded are charge accounts and similar short-term debts for current and ordinary household and living expenses.

(C) Employee Certification and, if Applicable, a Listing of Exceptions.

1. The statement will provide for a signed certification by the employee that to the best of his/her knowledge— A. None of the listed financial interests represents an interest in an underground or surface coal mining operation except as specifically identified and described as exceptions by the employee as part of the certificate; and B. The information shown on the statement is true, correct and complete.

2. An employee is expected to— A. Have complete knowledge of his/her personal involvement in business enterprises such as a sole proprietorship and partnership, his/her outside employment and the outside employment of the spouse and other covered relatives; and B. Be aware of the information contained in the annual financial statement or other corporate or business reports routinely circulated to investors or routinely made available to the public.

3. The exceptions shown in the employee certification of the form must provide enough information to determine the existence of a direct or indirect financial interest.

Accordingly, the exceptions should— A. List the financial interests;

B. Show the number of shares, estimated value or annual income of the financial interests; and C. Include any other information which the employee believes should be considered in determining whether or not the interest represents a prohibited interest.

4. Employees are cautioned to give serious consideration to their direct and indirect financial interest before signing the statement of certification.

(7) Gifts and Gratuities.

(A) Except as provided in subsection (11)(B) of this rule, employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or any other thing of monetary value from a coal company which— 1. Conducts or is seeking to conduct operations or activities that are regulated by the commission; or 2. Has interest that may be substantially affected by the performance or nonperformance of the employee’s official duty.

(B) The prohibitions in subsection (11)(A) of this rule do not apply in the context of obvious family or personal relationships, such as those between the parents, children or spouse of the employee and the employee, when the circumstances make it clear that it is those relationships rather that the business of the persons concerned which are the motivating factors. An employee may accept— 1. Food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon, dinner or other meeting where an employee may properly be in attendance; and 2. Unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars and other items of nominal value.

(8) Resolving Prohibited Interests.

(A) Actions of the Commission.

1. Remedial action to effect resolution.

If an employee has a prohibited financial interest, the commission will promptly advise the employee that remedial action which will resolve the prohibited interest is required within ninety (90) days.

2. Remedial action may include:

A. Reassignment of the employee to a position which performs no function or duty under the law;

B. Divestiture of the prohibited financial interest; or C. Other appropriate action which either eliminates the prohibited interest or eliminates the situation which creates the conflict.

3. Reports of noncompliance. If ninety (90) days after an employee is notified to take remedial action that employee is not in compliance that fact will be reported to the commission.

4. An employee who disagrees with the remedial action may request in writing for a preremedial action conciliatory conference within thirty (30) days of the order of remedial action. Upon this request, the commission will meet with the employee within sixty (60) days before taking final action.

(B) Members of the commission shall excuse themselves from proceedings which may affect their direct or indirect financial interests.

(9) Who Shall File.

(A) Any employee who performs any function or duty under the law is required to file a statement of employment and financial interests. An employee who is no longer employed at the time a filing is due is not required to file a statement.

(B) The commission, annually by July 1, will prepare a list of those positions within the commission that do not involve performance of any functions or duties under the law and will send the list with written justifications to the director of the office by September 30 of each year.

(10) When to File.

(A) Employees performing functions or duties under the law shall file— 22CODE OF STATE REGULATIONS 1. Within one hundred twenty (120) days (June 10, 1980) of the effective date of these regulations (February 11, 1980); and 2. Annually after that within the month of February.

(B) New employees hired, appointed or transferred to perform functions or duties under the law will be required to file at the time of entrance to duty.

(C) New employees are not required to file an annual statement on the subsequent annual filing date if this date occurs within two (2) months after their initial statement was filed.

Filed May 2, 1989, effective Aug. 1, 1989. 1990, 1993.

24CODE OF STATE REGULATIONS

**History**
- *AUTHORITY: section 444.530, RSMo 1994. Feb. 11, 1980. Amended: Filed Aug. 13, 1982, effective Nov. 11, 1982. Amended:*

##### **10 CSR 40-8.070** Applicability and General Requirements {#sec-10-csr-40-8.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-8.070}

PURPOSE: This rule sets forth general requirements and statements of applicability for 10 CSR 40-3–10 CSR 40-9, pursuant to

section 444.810, RSMo.

Editor's Note: The secretary of state has expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by (1) Incorporation by Reference. Any incorporation by reference of any federal document, including the Federal Register, shall be as that document exists on the date that the rule which incorporates that document is adopted by the commission.

(2) Applicability. 10 CSR 40-3–10 CSR 40-9 apply to all coal exploration and surface coal mining and reclamation operations, except (A) The extraction of coal by a landowner for his/her own noncommercial use from land owned or leased by him/her. Noncommercial use does not include the extraction of coal by one unit of an integrated company or other business or nonprofit entity which uses the coal in its own manufacturing or power plants;

(B) The extraction of coal as an incidental

part of federal, state or local governmentfinanced highway or other construction;

(C) This subsection implements the exemption contained in section 444.815.6(3) of the Surface Coal Mining Law concerning the extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent (16 2/3%) of the total tonnage of coal and other minerals removed for purposes of commercial use or sale.

1. As used in subsection (2)(C), the following terms have the meanings specified, except where otherwise indicated:

A. Cumulative measurement period means the period of time over which both cumulative production and cumulative revenue are measured— (I) For purposes of determining the beginning of the cumulative measurement period, subject to regulatory authority approval, the operator must select and consistently use one (1) of the following:

(a) For mining areas where coal or other minerals were extracted prior to August 3, 1977, the date extraction of coal or other minerals commenced at that mining area or August 3, 1977; or (b) For mining areas where extraction of coal or other minerals commenced on or after August 3, 1977, the date extraction of coal or other minerals commenced at that mining area, whichever is earlier; and (II) For annual reporting purposes pursuant to paragraph (2)(C)11. of this rule, the end of the period for which cumulative production and revenue is calculated is either for mining areas where— (a) Coal or other minerals were extracted prior to October 1, 1992, September 30, 1992 and every September 30 after that; or (b) Extraction of coal or other minerals commenced on or after October 1, 1992, the last day of the calendar quarter during which coal extraction commenced and each anniversary of that day after commencement;

B. Cumulative production means the total tonnage of coal or other minerals extracted from a mining area during the cumulative measurement period. The inclusion of stockpiled coal and other mineral tonnages in this total is governed by paragraph (2)(C)8. of this rule;

C. Cumulative revenue means the total revenue derived from the sale of coal or other minerals and the fair market value of coal or other minerals transferred or used, but not sold, during the cumulative measurement period;

D. Mining area means an individual excavation site or pit from which coal, other minerals and overburden are removed; and E. Other minerals means any commercially valuable substance mined for its mineral value, excluding coal, topsoil, waste and fill material.

2. Collection of information procedures are described in the following:

A. The collections of information contained in paragraphs (2)(C)3., 4., 5., 7. and 10. of this rule have been approved by the Land Reclamation Commission. The information will be used to determine the initial and continuing applicability of the incidental mining exemption to a particular mining operation. Response is required to obtain and maintain the incidental mining exemption in accordance with section 444.815.6(3) of the Surface Coal Mining Law; and B. Public reporting burden for this collection of information is estimated to average one (1) hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to Director, Land Reclamation Program, PO Box 176, Jefferson City, MO 65102.

3. Application requirements and procedures shall be completed as described in the following:

A. New operations.

(I) Any person who plans to commence or continue coal extraction after November 30, 1990, in reliance on the incidental mining exemption, shall file a complete application for exemption with the regulatory authority for each mining area.

(II) Following incorporation of an exemption application approval process into a regulatory program, a person may not commence coal extraction based upon the exemption until the regulatory authority approves the application, except as provided in part (2)(C)3.E.(III) of this rule;

B. Existing operations. Any person who has commenced coal extraction at a mining area in reliance upon the incidental mining exemption prior to November 30, 1990 may continue mining operations for sixty (60) days after (January 29, 1991) the effective date (November 30, 1990). Coal extraction may not continue after the sixty- (60-) day period unless that person files an administratively complete application for exemption with the regulatory authority. If an administratively complete application is filed within sixty (60) days, the person may continue extracting coal in reliance on the exemption beyond the sixty- (60-) day period until the regulatory authority makes an administrative decision on the application;

C. Additional information. The regulatory authority shall notify the applicant if the application for exemption is incomplete and may at any time require submittal of additional information;

D. Public comment period. Following publication of the newspaper notice required by subparagraph (2)(C)4.I. of this rule, the regulatory authority shall provide a period of no less than thirty (30) days during which time any person having an interest which is or may be adversely affected by a decision on the application may submit written comments or objections;

E. Exemption determination.

(I) No later than ninety (90) days after filing of an administratively complete application, the regulatory authority shall 26CODE OF STATE REGULATIONS make a written determination whether, and under what conditions, the persons claiming the exemption are exempt under this part and shall notify the applicant and persons submitting comments on the application of the determination and the basis for the determination.

(II) The determination of exemption shall be based upon information contained in the application and any other information available to the regulatory authority at that time.

(III) If the regulatory authority fails to provide an applicant with the determination as specified in part (2)(C)3.E.(I) of this

rule, an applicant who has not begun may commence coal extraction pending a determination on the application unless the regulatory authority issues an interim finding, together with reasons for this finding, that the applicant may not begin coal extraction; and F. Administrative review.

(I) Any adversely affected person may request administrative review of a determination under subparagraph (2)(C)3.E. of this rule within thirty (30) days of the notification of the determination in accordance with procedures established under Chapter 536, RSMo.

(II) A petition for administrative review filed under Chapter 536, RSMo shall not suspend the effect of a determination under subparagraph (2)(C)3.E. of this rule.

4. An application for exemption, at a minimum, shall include:

A. The name and address of the applicant;

B. A list of the minerals sought to be extracted;

C. Estimates of annual production of coal and the other minerals within each mining area over the anticipated life of the mining operation;

D. Estimated annual revenues to be derived from bona fide sales of coal and other minerals to be extracted within the mining area;

E. Where coal or the other minerals are to be used rather than sold, estimated annual fair market values at the time of projected use of the coal and other minerals to be extracted from the mining area;

F. The basis for all annual production, revenue and fair market value estimates;

G. A description, including county, township, if any, and boundaries of the land, of sufficient certainty that the mining areas may be located and distinguished from other mining areas;

H. An estimate to the nearest acre of the number of acres that will compose the mining area over the anticipated life of the mining operation;

I. Evidence of publication, in a newspaper of general circulation in the county of the mining area, of a public notice that an application for exemption has been filed with the regulatory authority (the public notice must identify the persons claiming the exemption and must contain a description of the proposed operation and its locality that is sufficient for interested persons to identify the operation);

J. The representative stratigraphic cross-section(s) based on test borings or other information identifying and showing the relative position, approximate thickness and density of the coal and each other mineral to be extracted for commercial use or sale and the relative position and thickness of any material, not classified as other minerals, that also will be extracted during the conduct of mining activities;

K. A map of appropriate scale which clearly identifies the mining area;

L. A general description of mining and mineral processing activities for the mining area;

M. A summary of sales commitments and agreements for future delivery, if any, which the applicant has received for other minerals to be extracted from the mining area, or a description of potential markets for the minerals;

N. If the other minerals are to be commercially used by the applicant, a description specifying the use;

O. For operations having extracted coal or other minerals prior to filing an application for exemption, in addition to the information required, the following information also must be submitted:

(I) Any relevant documents the operator has received from the regulatory

(II) The cumulative production of the coal and other minerals from the mining area; and (III) Estimated tonnages of stockpiled coal and other minerals; and P. Any other information pertinent to the qualification of the operation as exempt.

5. Public availability of information is defined and shall be handled as described in A. Except as provided in subparagraph (2)(C)5.B. of this rule, all information submitted to the regulatory authority under subsection (2)(C) shall be made available immediately for public inspection and copying at the local offices of the regulatory

B. The regulatory authority may keep information submitted to the regulatory

6. Requirements for exemption.

A. Activities are exempt from the requirements of the surface coal mining law if all of the following are satisfied:

(I) The cumulative production of coal extracted from the mining area determined annually as described in this rule does not exceed sixteen and two-thirds percent (16 2/3%) of the total cumulative production of coal and other minerals removed during that period for purposes of a bona fide sale or reasonable commercial use;

(II) Coal is produced from a geological stratum lying above or immediately below the deepest stratum from which other minerals are extracted for purposes of a bona fide sale or reasonable commercial use; and (III) The cumulative revenue derived from the coal extracted from the mining area determined annually shall not exceed fifty percent (50%) of the total cumulative revenue derived from the coal and other minerals removed for purposes of a bona fide sale or reasonable commercial use. If the coal extracted or the minerals removed are used by the operator or transferred to a related entity for use instead of being sold in a bona fide sale, then the fair market value of the coal or other minerals shall be calculated at the time of use or transfer and shall be considered rather than revenue.

B. Persons seeking or that have obtained an exemption from the requirements of the surface coal mining law shall comply with the following:

(I) Each other mineral upon which an exemption under this rule is based must be a commercially valuable mineral for which a market exists or which is mined in bona fide anticipation that a market will exist for the mineral in the reasonably foreseeable future, not to exceed twelve (12) months from the end of the current period for which cumulative production is calculated. A legally binding agreement for the future sale of other minerals is sufficient to demonstrate this standard; and (II) If either coal or other minerals are transferred or sold by the operator to a related entity for its use or sale, the transaction must be made for legitimate business purposes.

7. A person conducting activities covered by this rule shall— A. Maintain on-site or at other locations available to the commission and its representatives and the secretary information necessary to verify the exemption including, but not limited to, commercial use and sales information, extraction tonnages and a copy of the exemption application and exemption approved by the regulatory authority;

B. Notify the regulatory authority upon the completion of the mining operation or permanent cessation of all coal extraction activities; and C. Conduct operations in accordance with the approved application or when authorized to extract coal under subparagraph (2)(C)3.B. or part (2)(C)3.E.(III) of this rule prior to submittal or approval of an exemption application in accordance with the standards of this rule.

8. Authorized representatives of the commission and the secretary shall have the right to conduct inspections of operations claiming exemption under this subsection.

A. Each authorized representative of the commission and the secretary conducting an inspection under subsection (2)(C)— (I) Shall have a right of entry to, upon and through any mining and reclamation operations without advance notice or a search warrant, upon presentation of appropriate credentials;

(II) At reasonable times and without delay, may have access to and copy any records relevant to the exemption; and (III) Shall have a right to gather physical and photographic evidence to document conditions, practices or violations at a site.

9. Stockpiling of minerals shall be conducted as described in the following:

A. Coal. Coal extracted and stockpiled may be excluded from the calculation of cumulative production until the time of its sale, transfer to a related entity or use— (I) Up to an amount equaling a twelve- (12-) month supply of the coal required for future sale, transfer or use as calculated, based upon the average annual sales, transfer and use from the mining area over the two (2) preceding years; or (II) For a mining area where coal has been extracted for a period of fewer than two (2) years, up to an amount that would represent a twelve- (12-) month supply of the coal required for future sales, transfer or use as calculated based on the average amount of coal sold, transferred or used each month;

B. Other minerals.

(I) The commission shall disallow all or part of an operator’s tonnages of stockpiled other minerals for purposes of meeting the requirements of this rule if the operator fails to maintain adequate and verifiable records of the mining area of origin, the disposition of stockpiles or if the disposition of the stockpiles indicates the lack of commercial use or market for the minerals.

(II) The commission may only allow an operator to utilize tonnages of stockpiled other minerals for purposes of meeting the requirements of this rule if— (a) The stockpiling is necessary to meet market conditions or is consistent with generally accepted industry practices;

(b) Except as provided in part (2)(C)9.B.(III) of this rule, the stockpiled other minerals do not exceed a twelve- (12-) month supply of the mineral required for future sales as approved by the regulatory

(III) The commission may allow an operator to utilize tonnages of stockpiled other minerals beyond the twelve- (12-) month limit established in part (2)(C)9.B.(II) of this rule if the operator can demonstrate to the regulatory authority’s satisfaction that the additional tonnage is required to meet future business obligations of the operator, as may be demonstrated by a legally binding agreement for future delivery of the minerals.

(IV) The commission may periodically revise the other mineral stockpile tonnage limits in accordance with the criteria established by parts (2)(C)9.B.(II) and (III) of this rule, based on additional information available to the commission.

10. Revocation and enforcement shall be conducted as described in the following:

A. Commission responsibility. The commission shall conduct an annual compliance review of the mining area, utilizing the annual report submitted pursuant to paragraph (2)(C)11. of this rule, an on-site inspection and any other information available to the commission;

B. If the commission has reason to believe that a specific mining area was not exempt under the provisions of this rule or counterpart provisions of the state regulatory program at the end of the previous reporting period, is not exempt, or will be unable to satisfy the exemption criteria at the end of the current reporting period, the regulatory

C. If the commission finds that an operator has not demonstrated that activities conducted in the mining area qualify for the exemption, the commission shall revoke the exemption and immediately notify the operator and intervenors. If a decision is made not to revoke an exemption, the commission shall immediately notify the operator and intervenors;

D. Any adversely affected person may request administrative review of a decision whether to revoke an exemption within thirty (30) days of the notification of that decision in accordance with procedures established under Chapter 536, RSMo;

E. A petition for administrative review filed under Chapter 536, RSMo shall not suspend the affect of a decision whether to revoke an exemption; and F. Direct enforcement.

(I) An operator mining in accordance with the terms of an approved exemption shall not be cited for violations of the regulatory program which occurred prior to the revocation of the exemption.

(II) An operator who does not conduct activities in accordance with the terms of an approved exemption, and knows or should know the activities are not in accordance with the approved exemption shall be subject to direct enforcement action for violations of the regulatory program which occur during the period of these activities.

(III) Upon revocation of an exemption or denial of an exemption application, an operator shall stop conducting surface coal mining operations until a permit is obtained and shall comply with the reclamation standards of the regulatory program with regard to conditions, areas and activities existing at the time of revocation or denial.

11. Reporting requirements.

A. Following approval by the commission of an exemption for a mining area, the person receiving the exemption, for each mining area, shall file a written report annually with the commission containing the information specified in subparagraph (2)(C)11.B. of this rule.

(I) The report shall be filed no later than thirty (30) days after the end of the 28CODE OF STATE REGULATIONS twelve- (12-) month period as determined in accordance with the definition of cumulative measurement period in paragraph (2)(C)1. of this rule.

(II) The information in the report shall cover— (a) Annual production of coal and other minerals and annual revenue derived from coal and other minerals during the preceding twelve- (12-) month period;

(b) The cumulative production of coal and other minerals and the cumulative revenue derived from coal and other minerals.

B. For each period and mining area covered by the report, the report shall specify— (I) The number of tons of extracted coal sold in bona fide sales and total revenue derived from the sales;

(II) The number of tons of coal extracted and used or transferred by the operator or related entity and the estimated total fair market value of the coal;

(III) The number of tons of coal stockpiled;

(IV) The number of tons of other commercially valuable minerals extracted and sold in bona fide sale and total revenue derived from the sales;

(V) The number of tons of other commercially valuable minerals extracted and used or transferred by the operator or related entity and the estimated total fair market value of the minerals; and (VI) The number of tons of other commercially valuable minerals removed and stockpiled by the operator;

(D) Coal-Related Structures.

1. Each structure used in connection with or to facilitate a coal exploration or surface coal mining and reclamation operation shall comply with the performance standards and the design requirements of 10 CSR 40-3 or 10 CSR 40-4, except that— A. An existing structure which meets the performance standards of 10 CSR 40-3 or

**History**
- *authority documenting its exemption from the requirements of the surface coal mining law;*
- *authority having jurisdiction over the mining operations claiming exemption until at least three (3) years after expiration of the period during which the subject mining area is active;*
- *authority under this part confidential if the person submitting it requests in writing, at the time of submission, that it be kept confidential and the information concerns trade secrets or is privileged commercial or financial information of the persons intending to conduct operations under this rule; and C. Information requested to be held as confidential under subparagraph (2)(C)5.B. of this rule shall not be made publicly available until after notice and opportunity to be heard is afforded persons both seeking and opposing disclosure of the information.*
- *authority on the basis of the exemption application.*
- *authority shall notify the operator that the exemption may be revoked and the reason(s) for relocation. The exemption will be revoked unless the operator demonstrates to the regulatory authority within thirty (30) days that the mining area in question should continue to be exempt;*

##### **10 CSR 40-4** but does not meet the design requirements of 10 CSR 40-3 or 10 CSR 40- 4 may be exempt from meeting those design requirements but only as approved in the permit and plan after obtaining the information required by 10 CSR 40-6.050(3), 10 CSR 40- 6.120(3) and after making the findings required in 10 CSR 40-6.070(9); {#sec-10-csr-40-4 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-4}

B. If the performance standards of 10 CSR 40-2 are at least as stringent as the comparable performance standards of 10 CSR 40- 3 or 10 CSR 40-4, an existing structure which meets the performance standards of

##### **10 CSR 40-2** may be exempt from meeting the design requirements of 10 CSR 40-3 or 10 CSR 40-4 but only as approved in the permit and plan process after obtaining the information required by 10 CSR 40-6.050(3), 10 CSR 40-6.120(3) and after making the findings required in 10 CSR 40-6.070(9); {#sec-10-csr-40-2 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-2}

C. An existing structure which meets a performance standard of 10 CSR 40-2 which is less stringent than the comparable performance standards of 10 CSR 40-3 or 10 CSR 40-4 or which does not meet a performance standard of 10 CSR 40-3 or 10 CSR 40-4 for which there was no equivalent performance standard in 10 CSR 40-2 shall be modified or reconstructed to meet the design standards of 10 CSR 40-3 or 10 CSR 40-4 pursuant to a compliance plan approved in the permit and plan as required in 10 CSR 40- 6.050(3), 10 CSR 40-6.120(3) and according to the findings required by 10 CSR 40- 6.070(9); and D. An existing structure which does not meet the performance standards of 10 CSR 40-2, and which the applicant proposes to use in connection with or to facilitate the reclamation operation shall be modified or reconstructed to meet the design standards of

##### **10 CSR 40-3** or 10 CSR 40-4 prior to issuance of the permit. {#sec-10-csr-40-3 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-3}

2. The exemptions provided in 10 CSR 40-8.070(2)(D) shall not apply to the requirements— A. For existing and new waste piles used either temporarily or permanently as dams or embankments; and B. To restore the approximate original contour of the land;

(E) The commission or director shall make a written determination whether the operation is exempt under this section within sixty (60) days of the receipt of the exemption request.

The commission or director shall provide public notice in a newspaper of general circulation in the general vicinity of the proposed operations. Prior to the time a determination is made, a person may submit, and the commission or director shall consider, any written information relevant to the determination.

A person requesting that an operation be declared exempt shall have the burden of establishing the exemption. If a written determination of exemption is reversed through subsequent administrative or judicial action, any person who, in good faith, has made a complete and accurate request for an exemption and relied upon the determination, shall not be cited for violations which occurred prior to the date of the reversal;

(F) The commission may terminate its jurisdiction under the regulatory program over the reclaimed site of a completed surface coal mining and reclamation operation, or portion thereof, when:

1. The commission or director determines in writing that under the initial program, all requirements imposed under 10 CSR 40-2, 10 CSR 40-3, 10 CSR 40-4 and

##### **10 CSR 40-8** have been successfully completed; or 2. The commission or director determines in writing that all requirements imposed under 10 CSR 40 chapters 3 through 8 have been successfully completed; and 3. The operator has properly applied for, and obtained release of Phase III reclamation liability in accordance with 10 CSR 40-7.021(3) through (5); and (G) Following a termination of jurisdiction under subsection (2)(F) of this rule, the commission shall reassert jurisdiction under the regulatory program over a site if it is demonstrated that the determination made under subsection (2)(F) of this rule, or the release of Phase III reclamation liability referred to under paragraph (2)(F)2. of this rule was based upon fraud, collusion, or misrepresentation of a material fact. {#sec-10-csr-40-8 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-8}

(3) Availability of Records. Records required to be made available locally to the public shall be retained at the commission office in Jefferson City, Missouri, and if appropriate at the regional office of the Department of Natural Resources nearest to the area involved.

(4) Computation of Time.

(A) Except as otherwise provided, computation of time under 10 CSR 40-3–10 CSR 40- 9 is based on calendar days.

(B) In computing any period of prescribed time, the day on which the designated period of time begins is not included. The last day of the period is included unless it is a Saturday, Sunday or legal holiday on which the commission’s office in Jefferson City, Missouri, is not open for business, in which event the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday.

(C) Intermediate Saturdays, Sundays and legal holidays are excluded from the computation when the period or prescribed time is seven (7) days or less.

(5) Procedures for Petitioning for Rule Changes.

(A) Any person may petition the director to initiate a proceeding for the issuance, amendment or repeal of any regulation under this law. The petition shall be submitted to the director of staff of the Missouri Land Reclamation Commission, P.O. Box 1368, Jefferson City, MO 65102.

(B) The petition shall be a concise statement of the facts, technical justification and law which require issuance, amendment or repeal of the regulation under this law and shall indicate whether the petitioner desires a public hearing.

(C) Upon receipt of the petition, the director shall determine if the petition sets forth facts, technical justification and law which may provide a reasonable basis for issuance, amendment or repeal of a regulation. Facts, technical justification or law previously considered in a petition or rulemaking on the same issue shall not provide a reasonable

basis. If the director determines that the petition has a reasonable basis, s/he shall give notice to the public of the petition by means of a public notice in any two (2) newspapers of general statewide circulation and any newspapers of general circulation in the counties with surface coal mining operations. In addition, notice shall be sent by mail to any person who has registered with the director at least forty-five (45) days prior to the date of the notice. The notice shall include the name and address of the persons initiating the petition and a summary of the petition. The director may hold a public hearing or take other action to determine whether the petition should be granted.

(D) Within ninety (90) days of receipt of the petition, the director shall furnish a copy of the petition and a written decision either granting or denying the petition to the committee on administrative rules and the commissioner of administration. The director’s decision shall constitute the final decision of the commission.

1. If the petition is granted, the director shall initiate a rulemaking proceeding.

2. If the petition is denied, the director shall notify the petitioner and any person who has expressed interest in the petition, in writing, setting forth the reasons for denial, within ninety (90) days of receipt of the petition.

Feb. 11, 1980. Amended: Filed April 14, Filed Aug. 1, 1980, effective Dec. 11, 1980.

Amended: Filed Aug. 4, 1987, effective Nov. 23, 1987. Amended: Filed July 3, 1990, effective Nov. 30, 1990. Amended: Filed March 21, 2000, effective Oct. 30, 2000.

Amended: Filed Dec. 17, 2012, effective July 30, 2013.

30CODE OF STATE REGULATIONS

### **Chapter 9** Abandoned Mine Reclamation Fund; Abandoned Mine Reclamation and Restoration

##### **10 CSR 40-9.010** Abandoned Mine Reclamation Fund for the abandoned mine reclamation fund pursuant to sections 444.810, 444.915, 444.920, 444.925, 444.930, and 444.940.2., RSMo. {#sec-10-csr-40-9.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-9.010}

(1) Definitions. For the purposes of 10 CSR 40-9, the following terms have been defined:

(A) Abandoned mine reclamation fund or fund means a separate fund established by

section 444.810(11), RSMo (1986), to which monies granted by the director of the office under an approved state reclamation program and other monies are deposited in the fund;

(B) Emergency means an extreme danger which presents a high probability of considerable physical harm to persons, property or the environment before the danger can be abated under normal program operation procedures;

(C) Expended means that monies have been paid out by the state for work that has been accomplished or services rendered;

(D) Extreme danger means a condition which could reasonably be expected to cause considerable physical harm to persons, property or the environment and to which persons or improvements on real property are currently exposed;

(E) Federal abandoned mine reclamation fund or federal fund is a trust fund established on the books of the United States Treasury for the purpose of accumulating revenue designated for reclamation of abandoned mine lands, and other activities authorized by the Act;

(F) Office means the Office of Surface Mining and Enforcement of the Department of the Interior;

(G) Reclamation activities means restoration, reclamation, abatement, control or prevention of adverse effects of mining;

(H) State reclamation plan means a plan submitted by the state and approved by the office under 30 CFR 884 for the reclamation of land and water adversely affected by past mining; and (I) State reclamation program means a program established by the state for the reclamation of land and water adversely affected by past mining, including the state reclamation plan and annual application for grants under the state reclamation plan.

(2)

Revenue to the abandoned mine reclamation fund includes:

(A) Amounts granted to the state by the office for purposes of conducting the approved state reclamation plan;

(B) Monies collected by the state from charges for uses of lands acquired or reclaimed with monies from the fund under 10 CSR 40-9.050;

(C) Monies recovered by the state through the satisfaction of liens filed against privately-owned lands reclaimed with monies from the fund under 10 CSR 40-9.060;

(D) Monies recovered by the state from the sale of lands acquired with monies from the fund under 10 CSR 40-9.050; and (E) Such other monies as received from grants or other funds or gifts from public and private agencies and individuals.

(3) Monies deposited in the fund are to be used to carry out the state reclamation plan.

Oct. 13, 1981. Amended: Filed March 26,

##### **10 CSR 40-9.020** Reclamation—General Requirements for abandoned mine reclamation done with moneys from the abandoned mine reclamation fund pursuant to sections 444.810, 444.915, 444.920, 444.935 and 444.940, RSMo. {#sec-10-csr-40-9.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-9.020}

(1) Land and water are eligible for reclamation activities if— (A) They were mined for coal or affected by coal mining processes before August 3, 1977;

(B) They were inadequately reclaimed;

(C) There is no continuing responsibility for reclamation by the operator, permittee or agent of the permittee under statutes of the state or federal government, or the state as a result of bond forfeiture. Bond forfeiture will render lands or water ineligible only if the amount forfeited is sufficient to pay the total cost of the necessary reclamation. In cases where the forfeited bond is insufficient to pay the total cost of reclamation, additional moneys from the fund will be sought under 30 CFR 886 and 30 CFR 888;

(D) Notwithstanding subsections (1)(A)– (C) of this rule, coal lands and waters damaged and abandoned after August 3, 1977, by coal mining processes are also eligible for reclamation activities if— 1. They were mined for coal or affected by coal mining processes; and 2. The mining occurred and the site was left in either an unreclaimed or inadequately reclaimed condition between August 4, 1977 and ending on or before November 21, 1980, and that funds for reclamation or abatement which are available pursuant to a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site; or 3. The mining occurred and the site was left in either an unreclaimed or inadequately reclaimed condition during the period beginning on August 4, 1977 and ending on or before November 5, 1990, and that the surety of such mining operator became insolvent during such period, and as of November 5, 1990, funds immediately available from proceedings relating to such insolvency, or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site; and 4. The commission finds in writing that the site meets the eligibility requirements of this section and the priority objectives stated in subsections (4)(A) and (B) of this rule and that the reclamation priority of the site is the same or more urgent than the reclamation priority for other lands and waters eligible pursuant to this section. Priority will be given to those sites which are in the immediate vicinity of a residential area or which have an adverse economic impact upon a community;

(E) Monies available from sources outside the fund or which are ultimately recovered from responsible parties involving lands eligible pursuant to subsection (1)(D) of this

rule, are to be used to offset the cost of the reclamation or transferred to the fund if not needed for further reclamation activities at the permitted site; and (F) If reclamation of a site covered by an interim or permanent program permit is carried out under the state reclamation program, the permittee of the site shall reimburse the abandoned mine land reclamation fund for the cost of the reclamation that is in excess of any bond forfeited to ensure reclamation. In performing reclamation under subsection (1)(D) of this rule, the commission shall not be held liable for any violations of any performance standards or reclamation requirements specified in Chapter 444, RSMo 1994 nor shall a reclamation activity undertaken on such lands or waters be held to any standards set forth in Chapter 444, RSMo 1994.

(2) Land and water which were mined or affected by mining for minerals and materials other than coal shall be eligible for reclamation activities with federal funds under the state reclamation program when requested by the governor to the director of the office and the director of the office has found in writing that— (A) The conditions of section (1) of this

rule have been met;

(B) The reclamation has been requested by the governor;

(C) All reclamation with respect to abandoned coal mine land and water has been accomplished within the state or the reclamation is necessary for the protection of public health and safety; and (D) Moneys allocated to the state for the state reclamation program by the federal government are available for the work.

(3) Left or abandoned in either an unreclaimed or inadequately reclaimed condition means lands and water— (A) Which meet the conditions of section (1) or (2) of this rule; and (B) Which continue, in their present condition, to substantially degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health or safety of the public.

Oct. 13, 1981. Amended: Filed Sept. 15, 1994, effective April 30, 1995. Amended:

Filed March 21, 2000, effective Oct. 30, 2000. Amended: Filed March 26, 2018, effective Nov. 30, 2018.

##### **10 CSR 40-9.030** Rights of Entry for the entry onto land by the state under the state reclamation plan for purposes of reclamation and of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and performing reclamation work pursuant to sections 444.810, 444.925 and 444.940, RSMo. {#sec-10-csr-40-9.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-9.030}

(1) Consent to Entry. The commission, its agents, employees or contractors shall take all reasonable actions to obtain written consent from the owner of record of the land or property to be entered in advance of such entry.

The consent shall be in the form of a signed statement by the owner of record or his/her authorized agent which, as a minimum, includes a legal description of the land to be entered, the projected nature of work to be performed on the land and any special conditions for entry. The statement shall not include any commitment by the state to perform reclamation work nor to compensate the owner for entry.

(2) Entry for Studies or Exploration.

(A) The commission, its agents, employees, or contractors shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and the feasibility of restoration, reclamation, abatement, control, or prevention of such adverse effects.

(B) If the owner of the land to be entered under this section will not provide consent to entry, the commission will give notice in writing to the owner of its intent to enter for purposes of study and exploration to determine the existence of adverse effects of past coal mining practices which may be harmful to the public health, safety, or environment.

The notice shall be by mail, return receipt requested, to the owner, if known, and shall include a statement of the reasons why entry is believed necessary. If the owner is not known, or the current mailing address of the owner is not known, or the owner is not readily available, the notice shall be posted in one (1) or more places on the property to be entered where it is readily visible to the public and advertised once in a newspaper of general circulation in the locality in which the land is located. Notice shall be given at least thirty (30) days before entry.

(C) Entry necessary to investigate and explore reported emergency conditions will be governed by 10 CSR 40-9.030(4).

(3) Entry for Reclamation.

(A) The commission, its agents, employees, or contractors may enter upon land to perform reclamation activities if the consent of the owner cannot be obtained.

(B) Prior to entry under this section, the commission shall find in writing with supporting reasons that— 1. Land or water resources have been adversely affected by past coal mining practices;

2. The adverse effects are at a stage where, in the interest of the public health, safety, or environment, action to restore, reclaim, abate, control, or prevent should be taken;

3. The owner of the land or water resources where entry is necessary to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices is not known or readily available; or 4. The owner will not give permission for the commission, its agents, employees, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices.

(C) The commission will give notice of its intent to enter for purposes of conducting reclamation at least thirty (30) days before entry upon the property. The notice shall be in writing and mailed, return receipt requested, to the owner, if known, with a copy of the findings required by this section. If the owner is not known, or if the current mailing address of the owner is not known, notice shall be posted in one (1) or more places on the property to be entered where it is readily visible to the public and advertised once in a newspaper of general circulation in the locality in which the land is located. The notice posted on the property and advertised in the newspaper shall include a statement of where the findings required by this section may be inspected or obtained.

(4) Entry for Emergency Reclamation.

(A) The commission, its agents, employees, or contractors shall have the right to enter upon any land where an emergency exists and on any other land to have access to the land where the emergency exists to restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices and to do all things necessary or expedient to protect the public health, safety, or environment.

(B) Prior to entry under this section, the director shall make a written finding with supporting reasons that— 1. An emergency exists constituting a danger to the public health, safety, or environment;

2. Emergency restoration, reclamation, abatement, control, or prevention of adverse effects of past coal mining is necessary; and 3. No other person or agency will act expeditiously to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices.

(C) Notice to the owner shall not be required prior to entry for emergency reclamation. The director shall make reasonable efforts to notify such owner and obtain consent prior to entry consistent with the emergency conditions that exist. Written notice shall be given to the owner as soon after entry as practical. The notice shall be mailed, return receipt requested, to the owner, if known, and shall include a copy of the find ings required 4CODE OF STATE REGULATIONS (10/31/18) JOHNR. ASHCROFT by this section. If the owner is not known, or if the current mailing address of the owner is not known, notice shall be posted on the property entered in one (1) or more places where it is readily visible to the public and advertised once in a newspaper of general circulation in the locality in which the land is located. The notice posted on the property and advertised in the newspaper shall include a statement that an emergency existed and where the findings required by this section may be inspected or obtained.

(D) The moneys expended for such work, and the benefits accruing to any such premises so entered, shall be chargeable against such land and shall mitigate or offset any claim in, or action brought by any owner of any interest in such premises for any alleged damages as a result of the entry.

Oct. 13, 1981. Amended: Filed March 26, *Original authority; 444.810, RSMo 1979, amended 1983,

##### **10 CSR 40-9.040** Acquisition of Land and Water for Reclamation for the acquisition of land and water for reclamation purposes by the state under the state reclamation plan pursuant to sections 444.810, 444.925.3–6, and 444.940, RSMo. {#sec-10-csr-40-9.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-9.040}

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive.

This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) Land Eligible for Acquisition.

(A) Land adversely affected by past coal mining practices may be acquired by the commission with federal moneys from the fund if approved in advance by the office. Prior to acquisition of such land, the commission shall find in writing that acquisition is necessary for successful reclamation in accordance with section 444.925.1, RSMo.

(B) The commission in acquiring land under this rule shall acquire only such interests in the land as are necessary for the reclamation work planned or the post-reclamation use of the land. Interest in improvements on the land, mineral rights, or associated water rights may be acquired if— 1. Severance of such interests from the surface estate cannot be made; or 2. Such interests are necessary to the reclamation work planned or the post-reclamation use of the land; and 3. Adequate written assurances cannot be obtained from the owner of the severed interest that future use of the severed interest will not be in conflict with the reclamation to be accomplished.

(2) Procedures for Acquisition.

(A) An appraisal of the fair market value of all land or interest in land to be acquired shall be obtained from a professional appraiser.

The appraisal shall state the fair market value of the land as adversely affected by past mining and shall otherwise conform to the requirements of the handbook on Uniform Appraisal Standards for Federal Land Acquisitions(Interagency Land Acquisition Conference, 2016), which is incorporated by reference and made a part of this rule, copies may be obtained by contacting The Appraisal Foundation, 1155 15th Street NW, Suite 1111, Washington, DC 20005 or online at https://www.appraisalfoundation.org. This

rule does not incorporate any subsequent amendments or additions.

(B) When practical, acquisition shall be by purchase from a willing seller. The amount paid for interests acquired shall reflect the fair market value of the interests as adversely affected by past mining.

(C) When necessary, land or interest in land may be acquired by condemnation.

Condemnation procedures shall not be started until all reasonable efforts have been made to purchase the land or interests in lands from a willing seller.

(D) The commission in acquiring land under this rule shall comply, at a minimum and to the extent applicable, with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601; 41 CFR 114-50); Solicitor of the Interior’s Regulations for Approval of Title to Lands and Condemnation (I SRM 6.1); and Regulations of the Attorney General under Order No. 440-70 dated October 2, 1970 establishing standards for title approval of lands to be acquired for federal public purposes.

(E) Titles to all interest in land acquired shall be in the name of the state and shall be recorded in accordance with applicable state law.

(3) Acceptance of Gifts of Land.

(A) The commission may accept donations of title to land or interest in land which is necessary for reclamation activities. A donation shall not be accepted if the terms or conditions of acceptance are inconsistent with the objectives or requirements of the program.

(B) Offers to make a gift of such land or interest in land shall be in writing and shall include:

1. A statement of the interest which is being offered;

2. A legal description of the land and a description of any improvements on it;

3. A description of any limitations on the title or conditions as to the use or disposition of the land existing or to be imposed by the donor;

4. A statement that— A. The offeror is the record owner of the interest being offered;

B. The interest offered is free and clear of all encumbrances except as clearly stated in the offer;

C. There are no adverse claims against the interest offered;

D. There are no unredeemed tax deeds outstanding against the interest offered; and E. There is no continuing responsibility by the operator under state or federal law for reclamation; and 5. An itemization of any unpaid taxes or assessments levied, assessed or due which could operate as a lien on the interest offered.

(C) If the offer is accepted, a deed of conveyance shall be executed, acknowledged, and recorded. The deed shall state that it is made “as a gift under the Surface Coal Mining Law,” RSMo. Title to donated land shall be in the name of the governor of the state of Missouri.

Oct. 13, 1981. Amended: Filed March 26,

##### **10 CSR 40-9.050** Management and Disposition of Land and Water {#sec-10-csr-40-9.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-9.050}

PURPOSE:

This rule sets forth requirements for management and disposition of land and water acquired for reclamation purposes by the state under the state reclamation plan pursuant to sections 444.810, 444.925.5, 444.925.6, and 444.940, RSMo.

(1) Management of Acquired Lands.

(A) Land acquired under 10 CSR 40-9.040 may be used pending disposition under section (2) of this rule for any lawful purpose that is not inconsistent with the reclamation activities and post-reclamation uses for which it was acquired.

(2) Disposition of Reclaimed Lands.

(A) Prior to the disposition of any land acquired under this section, the commission shall— 1. Publish a notice which describes the proposed disposition of the land in a newspaper of general circulation within the area where the land is located for a minimum of four (4) successive weeks. The notice shall provide at least thirty (30) days for public comment and state where copies of plans for disposition of the land may be obtained or reviewed and the address to which comments on the plans should be submitted. The notice shall also state that a public hearing will be held if requested by any person;

2. Hold a public hearing if requested as a result of the public notice. The commission may determine that a hearing is appropriate even if a request is not received. It shall be scheduled at a time and place that affords local citizens and political subdivisions the maximum opportunity to participate. The time and place of the hearing shall be announced in a newspaper of general circulation in the area in which the land is located at least thirty (30) days before the hearing. All comments received at the hearing shall be recorded; and 3. Make a written finding that the proposed disposition is appropriate considering all comments received and consistent with any local, state, or federal law or regulations which apply.

(B) The administrative responsibility for land acquired under this part may be transferred in accordance with applicable law, and with approval of the regional director of the office, to any agency or political subdivision of the state with or without cost to that agency. The agreement, including amendments, under which a transfer is made shall specify— 1. The purposes for which the land may be used consistent with the authorization under which the land was acquired; and 2. That the administrative responsibility for the land will revert to the commission if, at any time in the future, the land is not used for the purposes specified.

(C) In accordance with applicable law and with approval by the regional director of the office, title to abandoned and unreclaimed land may be transferred to the United States to be reclaimed and administered by the office.

(D) The commission, in accordance with applicable law and with the approval of the regional director of the office, may sell land acquired under 10 CSR 40-9.040 by public sale if such land is suitable for industrial, commercial, residential, or recreational development and if such development is consistent with local, state, or federal land-use plans for the area in which the land is located.

1. Land shall be sold by public sale only if it is found that retention by the state or disposal under this section is not in the public interest.

2. Land will be sold for not less than fair market value in accordance with the following minimum procedures, and such other procedures utilized for each sale:

A. Publication of a notice once a week for four (4) consecutive weeks in a newspaper of general circulation in the locality in which the land is located. This notice shall describe the land to be sold, state the appraised value, state any restrictive covenants which will be a condition of the sale, and state the time and place of the sale; and B. Sealed bids to be submitted prior to the sale date followed by an oral auction open to the public.

(E) All monies received from disposal of land under this rule shall be deobligated and returned to the office.

Oct. 13, 1981. Amended: Filed March 26,

##### **10 CSR 40-9.060** Reclamation on Private Lands concerning reclamation done on private lands pursuant to sections 444.810, 444.930, and 444.940, RSMo (1986). {#sec-10-csr-40-9.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-9.060}

(1) Reclamation activities may be carried out on private land if a consent to enter is obtained under 10 CSR 40-9.030(1), or if entry is necessary and made under 10 CSR 40-9.030(3) or 10 CSR 40-9.030(4).

(2) Appraisals.

(A) A notarized appraisal of private land to be reclaimed which may be subject to a lien under subsection (3)(A) of this rule shall be obtained from an independent appraiser. The appraisal shall state— 1. The estimated market value of the property in its unreclaimed condition; and 2. The estimated market value of the property as reclaimed.

(B) This appraisal shall be made prior to start of reclamation activities. The commission shall furnish to the appraiser information of sufficient detail in the form of plans, factual data, specifications, etc. to make these appraisals. When reclamation necessitates more than six (6) months to complete, an updated appraisal under paragraph (2)(A)2. shall be made to determine if the increase in value as originally appraised has actually occurred. This updated appraisal shall not include any increase in value of the land as unreclaimed. If the updated appraisal value results in lower increase in value, this increase shall be used as a basis for the lien.

However, an increase in value resulting from the updated appraisal shall not be considered in determining a lien. The commission shall provide appraisal standards for projects consistent with generally acceptable appraisal practice.

(3) Liens.

(A) The commission has the discretionary

1. The basis for making a determination of what constitutes a significant increase in market value or what factual situation constitutes a waiver of lien will be made by the commission pursuant to section 444.930, RSMo and consistent with state laws governing liens.

2. A lien shall not be placed against the property of a surface owner who did not consent to, participate in, or exercise control over the mining operation which necessitated the reclamation work.

3. The lien may be waived by the commission if the cost of filing it, including indirect costs to the state, exceeds the increase in fair market value as a result of reclamation activities.

4. The lien may be waived by the commission if findings made prior to construction indicate that the reclamation work performed on private land will primarily benefit health, safety, or environmental values of the greater community or area in which the land is located, or if reclamation is necessitated by an unforeseen occurrence and the work performed to restore that land will not result in a significant increase in the market value of the land as it existed immediately before the occurrence;

(B) If a lien is to be filed, the commission, within six (6) months after completion of the reclamation work, shall file a statement in the 6CODE OF STATE REGULATIONS (10/31/18) JOHNR. ASHCROFT office having responsibility under applicable law for recording judgments and placing liens against land. This statement shall consist of notarized copies of the appraisals obtained under section (2) of this rule and may include an account of moneys expended for reclamation work. The amount reported to be the increase in value of the property shall constitute the amount of the lien recorded in and shall have priority as a lien second only to the lien of real estate taxes imposed upon the land. The lien shall be recorded in compliance with existing federal and state laws; provided, however, that prior to the time of the actual filing of the proposed lien, the landowner shall be notified of the amount of the proposed lien and shall be allowed a reasonable time to prepay that amount instead of allowing the lien to be filed against the property involved.

(C) Within sixty (60) days after the lien is filed, the landowner may request a hearing before the commission to determine the increase in the market value as a result of the restoration, reclamation, abatement, control or prevention of the adverse effects of past mining practices. The increase in value shall constitute the amount of the lien and shall be recorded with the statement filed under sub-

section (3)(B) of this rule. Any party aggrieved by the decision may appeal as provided by law.

(4) Satisfaction of Liens.

(A) A lien placed on private property shall be satisfied, to the extent of the value of the consideration received, at the time of transfer of ownership. Any unsatisfied portion shall remain as a lien on the property.

(B) The commission shall maintain or renew the lien from time to time as may be required under state law.

(C) Monies derived from the satisfaction of liens established under this part shall be deposited in the abandoned mine reclamation fund.

Oct. 13, 1981. Amended: Filed March 18, 1987, effective June 25, 1987. Amended:

Filed March 26, 2018, effective Nov. 30, 2018.

**History**
- *authority to place or waive a lien against land reclaimed if the reclamation results in a significant increase in the fair market value.*

### **Chapter 10** Permit and Performance Requirements for Industrial Mineral Open Pit and In-Stream Sand and Gravel Operation

##### **10 CSR 40-10.060** Inspection Authority and Right of Entry {#sec-10-csr-40-10.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-10.060}

(Rescinded August 30, 2018) ..11 for Industrial Mineral Open Pit and In-Stream Sand and Gravel Operations

##### **10 CSR 40-10.010** Permit Requirements for Industrial Mineral Operations {#sec-10-csr-40-10.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-10.010}

PURPOSE: This rule sets forth requirements for permit application pursuant to sections 444.770, 444.772 and 444.778, RSMo.

(1) Operations Required to Have Permits. Any person, firm, or corporation engaged in or controlling surface mining of industrial minerals in areas opened on or after January 1, 1972, must obtain a permit from the Missouri Mining Commission in accordance with section 444.770.1. and 444.770.2., RSMo. The effective date for having to obtain a permit for minerals not covered previously under the provisions of the Land Reclamation Act, as amended is August 28, 1990.

(A) After August 28, 1990, surface mining for the following industrial minerals shall require a permit:

1. Gravel;

2. Limestone;

3. Granite;

4. Traprock;

5. Tar sands;

6. Clay;

7. Barite;

8. Sandstone;

9. Oil shale;

10. Sand;

11. Shale; and 12. All others as defined in 444.765(11), RSMo.

(2) Operations Not Required to Obtain a Missouri Mining Permit.

(A) These regulations do not apply to iron, lead, zinc, gold, silver, coal, water, fill dirt, natural oil, or gas.

(B) Surface mining for industrial minerals may be conducted without a permit by any— 1. Individual for personal use only; and 2. Political subdivision including, but not limited to, county, city, state, or branch of the military which uses its own personnel and equipment to obtain minerals for its own use.

**History**
- *AUTHORITY: sections 444.767, 444.770, and 444.784, RSMo 2016. Filed June 1, 1994, effective Nov. 30, 1994. Amended: Filed March 26, 2018, effective Nov. 30, 2018. Original authority: 444.767, RSMo 1971, amended 1990, 1993, 2001; 444.770, RSMo 1971, amended 1990, 2001, 2009, 2014; and 444.784, RSMo 1971, amended 1990, 2001.*

##### **10 CSR 40-10.020** Permit Application Requirements {#sec-10-csr-40-10.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-10.020}

PURPOSE: This rule complies with sections 444.772, 444.774 and 444.778, RSMo by setting forth the requirements for surface mine operators to obtain the necessary permit from the Land Reclamation Commission.

(1) The commission shall prescribe the form and content of the application to be submitted to the commission in order for an operator to obtain a mining permit. The applicant must submit the required information before a permit may be issued.

(2) As required by section 444.772, RSMo, an applicant shall provide a complete application package submitted which includes the following:

(A) A completed application form supplied by the commission signed and dated by an officer of the applicant or other authorized representative of the applicant. The form shall contain at least the following information:

1. The applicant’s name;

2. The name of an individual in charge of the operation;

3. The permanent and temporary post office address of the applicant;

4. The name of a person to contact about the application;

5. A legal description to the nearest one-quarter, one-quarter (1/4, 1/4) section and the estimated number of acres of any land to be affected by surface mining by the applicant during the succeeding twelve (12)-month term of the permit;

6. The source of the applicant’s legal right to mine the land affected by the permit;

7. A list of permits which the applicant or any person associated with the applicant in a management function holds or has held that have been issued by the Land Reclamation Program. The definition of “person associated with the applicant in a management function” means any proprietorship, subsidiary corporation, parent corporation, sister corporation, successor corporation, or the applicant’s officers and directors if the applicant is a corporation and includes all partners if the applicant is a partnership;

8. A list of every individual associated with the applicant in a management function responsible for compliance with sections 444.500 to 444.790, RSMo; and 9. The mineral to be mined;

(B) The authorized written consent of the applicant and any other persons necessary to grant access to the commission, director, his/her staff, or other appropriate state agency staff to the area of land affected under the application or permit during all phases of operation and reclamation;

(C) On areas leased after August 28, 1990, the applicant shall obtain from the landowner a signed approval of the post-reclamation land use or shall provide other written proof that s/ he has determined the post-reclamation land use in conjunction with the landowner. This landowner approval shall be required only for the original permit application unless there is a change in the post-reclamation land use;

(D) A plan of operation and reclamation which meets the requirements of 444.760–444.790, RSMo.

1. The operation plan for surface mine operators shall include:

A. A brief description of topsoil availability, removal and storage as outlined in 10 CSR 40-10.050(6);

B. A brief description and location of spoil placement and disposal;

C. A brief description of handling of acid materials, if applicable; and D. A brief description of the location and arrangement of the pit if not delineated clearly on the map submitted with the application.

2. All applications shall contain a reclamation and operation plan for the lands and water within the proposed permit area.

3. The reclamation plan shall include, at a minimum:

A. A list of species used for reclamation and the seeding/ planting rates;

B. Methods and timing of seeding/planting;

C. If required by the commission, references to support revegetation methods;

D. A brief description of the grading, topsoiling and revegetation schedules as outlined in 10 CSR 40-10.050(10); and E. The land use that area is to be reclaimed to and the acreage of each.

4. Commercial in-stream operators must describe what measures will be taken to minimize impacts on the stream environment, that is, how they will follow the requirements of 10 CSR 40-10.050(14), (15) and (16).

5. The applicant may provide either a short-term or longterm plan for operations and reclamation. A short-term plan shall describe, at a minimum, the activities required by the operation and reclamation plan outlined in this subsection, which will occur over the one (1)-year term of the permit. A long-term plan shall describe, at a minimum, the activities required by the operation and reclamation plan outlined in this subsection which will occur over more than one (1) year. Permits having long-term operation plans will be issued for one (1)-year terms, except that, upon renewal, the applicant is not required to resubmit an operation plan, provided that the operations will continue to be conducted in the manner originally proposed.

Also, the operator only must acquire a permit for the portion of the area included in the long-term plan which will be affected over the upcoming one (1)-year term of the permit. But, in no instance shall the operator affect any area outside of the area included in the current approved permit;

(E) Two (2) different maps sufficient for the following purposes:

1. One (1) map sufficient to locate and distinguish the mining site from other mine sites in the general area of the county;

2. One (1) map of sufficient scale and detail to illustrate the following:

A. The names of any persons or businesses having any surface or subsurface interest in the lands to be mined, including owners or leaseholders of the land and utilities as well as the names of all record landowners of real property located contiguous or adjacent to the property proposed for mining;

B. The boundaries and the acreage of each site, if proposing multiple sites, of all areas proposed to be affected over the permit term;

C. The approximate location of public roads located in or within one hundred feet (100') of the proposed permit area;

D. The date that the map was prepared, a north arrow and section, township, and range lines;

E. The name of the creek or stream being mined, if an in-stream operation is proposed;

F. This map must be prepared on an original or clearly copied United States Geological Survey (USGS) seven and onehalf (7 1/2) minute topographical map, county assessor map, Farm Service Agency (FSA) aerial photos or up-to-date county ownership plats or on a map of equal or better quality; and G. The locations of terraces, waterways, diversions, and post-mining land use designations shall be identified on the permit map;

3. Both maps and all copies submitted must be clearly legible and must contain the company name, mine or site name, date of last map edit, scale indication (such as a scale bar or numerical ratio), and a symbol definition key for any special symbols used; and 4. If the applicant requests a permit for a portion of the area described in a long-term operation and reclamation plan, the applicant shall indicate the boundary of the proposed permit area and the boundary of the area proposed to be disturbed over the life of the mine on the map required by paragraph (2)

(E)2. of this rule;

(F) For any permit or renewal that becomes effective on or after January 1, 2017, all required fees based upon the type of operation and amount of production as follows:

1. An annual permit fee of eight hundred dollars ($800);

2. An annual site fee for each site listed on a permit consisting of a hundredth (.01) to ten (10) acres a two hundred dollars ($200) site fee, ten and a hundredth (10.01) to seventy five (75) acres a five hundred dollars ($500) site fee, seventy five and a hundredth (75.01) to two hundred (200) acres an eight hundred dollars ($800) site fee and a site consisting of more than two hundred (200) acres a site fee of one thousand dollars ($1,000);

3. An annual acreage fee for each acre bonded by the operator of thirteen dollars ($13) per acre for each acre permitted;

4. For any operator of a gravel mining operation where the annual tonnage of gravel mined by such operator is less than five thousand (5,000) tons, the total cost of submitting an application shall be three hundred dollars ($300); and 5. In no case shall the total fee for any permit be more than six thousand dollars ($6,000); except after January 1, 2019 the total fee shall not be more than seven thousand five hundred dollars ($7,500) and after January 1, 2021 the total fee shall not be more than nine thousand dollars ($9,000);

(G) The required bond, as specified in section 444.778, RSMo and described in 10 CSR 40-10.030; and (H) At the time the application is deemed complete by the director, the applicant shall publish a notice of intent to operate a surface mine in any newspaper qualified pursuant to

section 493.050, RSMo, to publish legal notices in any county where the mine plan area is located. Notice in the newspaper shall be posted once a week for four (4) consecutive weeks beginning no more than ten (10) days after the application is deemed complete in writing by the director via certified mail upon receipt by the applicant. The applicant shall advertise a public notice in accordance with this subsection each time the applicant files a permit application for a new mine, files a request for expansion to an existing mine, when making revisions to the original operation and reclamation plan and when transferring the permit to a new operator, as defined in sections (5)–(7) of this rule. Public notices shall not be required for renewing existing permits or to permit additional acreage within a currently approved longterm operation and reclamation plan, as defined in paragraph (2)(D)6. of this rule. The notice must contain the following:

1. A statement of intent to conduct surface mining specifying the mineral and estimated period of operation;

2. The name and address of the operator;

3. A legal description of affected land consisting of county,

section, township, and range;

4. The number of acres involved; and 5. A statement informing the public that written comments or a request for an informal public meeting may be made by any person with a direct, personal interest in one (1) or more of the factors that the director may consider in issuing a permit as required by The Land Reclamation Act, sections 444.760 to 444.790, RSMo, regarding items such as permitting and reclamation requirements, erosion and siltation control, excavations posing a threat to public safety, or protection of public road rights-of-way. Written comments shall be sent to the Director of Staff, Land Reclamation Program, Department of Natural Resources, at the program’s latest mailing address.

All comments and requests for a public meeting must be submitted in writing to the director’s office within fifteen (15) days of the last date of publication of the notice;

(I) At the time the application is deemed complete by the director, the applicant shall also mail letters containing a notice of intent to operate a surface mine.

1. The applicant shall send the letters containing a notice of intent to operate a surface mine by certified mail to— A. The governing body of the counties or cities in which the proposed area is located; and B. The last known addresses of all first tier record landowners whose property is— (I) Within two thousand six hundred forty feet (2,640'), or one-half (1/2) mile from the border of the proposed mine plan area; and (II) Adjacent to the proposed mine plan area, land upon which the mine plan area is located, or adjacent land having a legal relationship with either the applicant or the owner of the land upon which the mine plan area is located.

2. The content of the notice sent under this subsection shall be the same as the public notice requirements under sub-

section (2)(H) of this rule; and (J) The applicant shall submit proof that— 1. All certified letters required by this rule have been sent to all applicable parties, as listed above. Receipts showing that all parties have been properly served shall be submitted to the program to verify delivery; and 2. The newspaper ads have been run properly by submitting copies of the affidavits of publication that states the newspaper has complied with section 493.050, RSMo.

3. Such proof must be provided by the applicant prior to the director making a decision for approval or denial of the permit.

(3) As required by section 444.772, RSMo, any mining permit covering affected land that has not been totally reclaimed and released from liability prior to permit expiration must be renewed annually.

(A) The operator shall submit a permit renewal form furnished by the director for an additional permit year and pay an annual fee equal to an application fee calculated pursuant to subsection (2)(F) of this rule, but in no case shall the annual renewal fee for any operator be more than six thousand dollars ($6,000); except after January 1, 2019 the total fee shall not be more than seven thousand five hundred dollars ($7,500) and after January 1, 2021 the total fee shall not be more than nine thousand dollars ($9,000).

(B) For any operator of a gravel mining operation where the annual tonnage of gravel mined by such operator is less than five thousand (5,000) tons, the operator shall submit an annual permit renewal form furnished by the director for an additional permit year and pay an annual fee of three hundred dollars ($300).

(C) Upon receipt of the completed permit renewal form and annual fee from the operator, the director shall approve the renewal. With approval of the director and operator, the permit renewal may be extended for a portion of an additional year with a corresponding prorating of the renewal fee.

(4) If an operation will not expand beyond its originally permitted area during the next permit year and the method of operation and reclamation has not changed, a request for renewal, rather than a complete new application, shall be filed on a form approved by the commission.

(5) When the operator desires to add additional acreage to his/her permit or to substantially revise the methods of operation or reclamation reflected in the original application, an amended application shall be filed. The application shall comply with all the items as prescribed in section (2) of this rule.

(6) When one (1) operator succeeds another operator, the second operator must file a complete application which complies with all the items prescribed in section (2) of this rule.

(7) If at any time during the permit term an operator wishes to revise the methods described in an approved operation and reclamation plan, the operator may file a revision to the plan.

A revision must include:

(A) A complete description of the revision stating, at a minimum, how the revision changes any of the activities described in the original operation and reclamation plan;

(B) Proof that a public notice has been published, as specified in subsection (2)(H) of this rule; and (C) A revised map required under paragraph (2)(E)2. of this

rule to eliminate inaccuracies in the original map.

Amended: Filed March 15, 2002, effective Oct. 30, 2002. Amended:

Filed Dec. 16, 2003, effective Sept. 30, 2004. Amended: Filed April 1, 2004, effective May 30, 2005. Amended: Filed Aug. 12, 2015, effective Feb. 29, 2016. *Original authority: 444.530, RSMo 1971, amended 1983, 1990, 1993, 1995 and 444.768, RSMo 2014.

**History**
- *AUTHORITY: section 444.768, RSMo Supp. 2014, and section 444.530, RSMo 2000. Original rule filed Aug. 2, 1991, effective Feb. 6, 1992. Amended: Filed June 1, 1994, effective Nov. 30, 1994.*

##### **10 CSR 40-10.025** Geologic Resources Fees {#sec-10-csr-40-10.025 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-10.025}

PURPOSE: This rule increases geologic resources fees for surface mining activities pursuant to section 256.700, RSMo.

(1) Any operator who applies for a permit pursuant to section 444.772, RSMo, except for operators of gravel mining operations where the annual tonnage of gravel mined by such operator is less than five thousand (5,000) tons, shall, in addition to all other authorized fees pursuant to such section, annually submit geologic resources fees as follows, in lieu of the amounts established in section 256.700.3, RSMo:

(A) For each permit, a permit fee of seventy-five dollars ($75);

(B) For each site listed on a permit, a site fee of seventy-five dollars ($75); and (C) For each acre permitted by the operator pursuant to

section 444.772, RSMo, an acreage fee of eight dollars ($8) per acre for the first three hundred (300) acres and four dollars ($4) for each additional acre exceeding three hundred (300) acres.

(2) In no case shall the annual geologic resources fee portion for any permit issued under section 444.772, RSMo, be more than three thousand five hundred dollars ($3,500).

**History**
- *AUTHORITY: section 256.700, RSMo Supp. 2024. Original rule filed May 14, 2024, effective Jan. 30, 2025. Original authority: 256.700, RSMo 2007, amended 2019, 2023.*

##### **10 CSR 40-10.030** Bonding {#sec-10-csr-40-10.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-10.030}

PURPOSE: This rule sets forth bonding requirements pursuant to sections 444.772 and 444.778, RSMo.

(1) Bond Requirements. All permit applications must include a bond for the appropriate amount payable to the state of Missouri, which remains in effect until mined acreages have been reclaimed, approved, and released by the commission or director, or until replaced with a bond of equal amount.

(A) Operations mining more than five thousand (5,000) tons per year of gravel or any quantity of either limestone, barite, traprock, granite, tar sand, clay, sandstone, oil shale, sand, shale, and all others defined in section 444.765(11), RSMo must file an eight thousand-dollar ($8,000) bond with the commission. The eight thousand-dollar ($8,000) bond covers up to eight (8) acres of permitted area. Each additional acre permitted over eight (8) acres shall be bonded at five hundred dollars ($500) per acre. Multiple sites totaling eight (8) acres or less may be covered by a single eight thousand-dollar ($8,000) bond if they are part of a single permit.

(B) Operators who mine less than five thousand (5,000) tons of gravel yearly from all sites covered by a single permit shall file a bond with the commission at the rate of five hundred dollars ($500) per acre for each permitted acre.

(C) In-Stream Sand and Gravel Operations.

1. Initially, an in-stream sand and gravel operator will not be required to submit bond due to the lack of reclamation responsibility.

2. If it is determined, upon inspection and subsequent review and analysis by the staff director, that a reclamation responsibility exists, the permittee will be required to obtain an amended permit on the area of reclamation responsibility, and post the appropriate bond, as described in subsections (1)(A) and (B) of this rule. A reclamation responsibility is defined as a mining activity causing accelerated bank erosion, headcutting upstream or in adjacent streams, excessive sedimentation downstream, impeded stream flow, or other circumstances requiring corrective action, but only where there is clear evidence that the mining or reclamation activity within the permit area is the primary cause of this reclamation responsibility.

3. Bond releases shall be handled in accordance with sections (4)–(7) of this rule. The bond would be released once the problem that caused the reclamation responsibility is reclaimed or corrected. Only those problems within a permit area or those operations within a permit area that are determined to be the primary cause of problems within and outside the permit area need to be reclaimed or corrected. The permittee shall not be required to conduct reclamation operations outside the permit area. Still, work that could be accomplished within the permit area to alleviate those problems that developed outside the permit area would be required before bond release.

(2) Types of Bonds. The director may accept surety bonds and collateral bonds secured by certificates of deposit (CDs).

(A) Surety bonds shall be signed by the operator as principal and the surety bonds must be issued by a good and sufficient corporate surety licensed to do business in Missouri. Persons obligating the surety must be certified by power of attorney.

1. Upon the incapacity of a surety by reason of bankruptcy, insolvency or suspension or revocation of its license, the permittee shall be deemed without a bond coverage in violation of this rule and section 444.778, RSMo.

2. The commission may suspend the permit if the operator fails to make substitution of surety within sixty (60) days after receiving notice from the commission, until the substitution is made.

3. The commission also may issue a notice of violation if no substitution is made in sixty (60) days and the permittee continues to operate. The notice of violation shall specify a reasonable period to replace bond coverage, not to exceed ninety (90) days. During this period, the director and his/her staff may conduct inspections to ensure continued compliance with other permit requirements, the regulations and the law. If a notice of violation is not abated in accordance with the schedule, the director may pursue forfeiture of the operator’s bond.

(B) Collateral bonds secured by CDs shall be subject to the following conditions:

1. The bonds shall be submitted on a form provided by the commission as provided by section 444.778.1., RSMo. A CD must be assigned to the state of Missouri;

2. Interest on a CD shall be paid to the permittee;

3. No single CD shall exceed the sum of two hundred and fifty thousand dollars ($250,000.00), nor shall any permittee submit CD aggregating more than two hundred and fifty thousand dollars ($250,000.00) from a single bank or financial institution. The issuing bank or financial institution must be insured by the Federal Deposit Insurance Corporation;

4. The CD shall be kept in the custody of Missouri until the bond is released by the commission or director; and 5. The permittee shall give prompt notice to the commission of any insolvency or bankruptcy of the issuer of the certificate.

(C) Personal bonds secured by letters of credit shall be subject to the following conditions:

1. The bond and the letters of credit shall be submitted on forms provided by the commission;

2. Letters of credit shall be irrevocable during their terms.

A letter of credit used as security in areas requiring continuous bond coverage shall be forfeited and shall be collected by the regulatory authority if not replaced by other suitable bond or letter of credit at least thirty (30) days before its expiration date;

3. The beneficiary of the letter of credit shall be the state of Missouri;

4. The letter of credit shall be issued by a bank or trust company located in the United States. If the issuing bank or trust company is located in another state, a bank or trust company located in Missouri must confirm the letter of credit.

Confirmations shall be irrevocable and on a form provided by the director;

5. The letter of credit shall be governed by Missouri law.

The Uniform Customs and Practice for Documentary Credits, fixed by the International Chamber of Commerce, shall not apply;

6. The letter of credit shall provide that the director may draw upon the credit by making a demand for payment, accompanied by his/her statement that the commission has declared the permittee’s bond forfeited;

7. The issuer of a letter of credit or confirmation shall warrant that the issuance will not constitute a violation of any statute or regulation which limits the amount of loans or other credits which can be extended to any single borrower or customer or which limits the aggregate amount of liabilities which the issuer may incur at any one (1) time from issuance of letters of credit and acceptances;

8. The bank issuing the letter(s) of credit for bonding purposes shall give prompt notice to the commission and the permittee of any insolvency or bankruptcy of the bank; and 9. The bond shall be forfeitable upon revocation of the underlying permit.

(D) The replacement of surety and performance bonds shall be subject to the following:

1. Permit holders may replace existing bonds with replacement bonds at any time; and 2. Existing performance bonds will not be released until the permittee has submitted and the director has approved acceptable replacement performance bonds. A replacement of performance bonds pursuant to this section shall not constitute a release of liability under section 444.775, RSMo.

(3) In addition to these bonding requirements, for each acre or portion of an acre permitted on or after August 28, 1990, where topsoil has been removed, either by discarding or selling, an additional bond at four thousand five hundred dollars ($4,500) per acre shall be filed with the Missouri Mining Commission, unless the area does not require replacement of topsoil for revegetation. If more than twelve inches (12") of topsoil exists on the site, or if the commission approves a soil substitution plan, the excess may be sold without posting the additional bond.

(4) An operator may file with the commission or director a bond release request for permitted bonded acres which are not disturbed at any time. If approved by the commission, the bond will be reduced at the rate at which it was posted, following a field inspection of the area to verify that no disturbance has occurred.

(5) When an operator succeeds another at an operation, the commission or director may release the first operator after the successor operator obtains a permit and posts the bonds required by law and assumes, in writing, all outstanding reclamation liability and requirements at the site(s) transferred to the successor operator. All areas disturbed by the first operator that have not been transferred to the successor operator shall remain the liability of the first operator.

(6) To file a request for bond release on an operation, an operator must apply, in writing, to the commission for release of the bond or portion of the bond. This application shall be on a form provided by the commission and shall be accompanied by a map showing the area requested for release. The operator shall also send notice to the owner(s) of the land upon which the application for release has been filed, unless the operator is the owner of the land that is under permit. Said notice shall contain a copy of the release application and a statement that the landowner(s) may submit a request for a formal hearing to the Missouri Mining Commission if s/he believes that the land affected by surface mining does not meet the performance standards listed in 10 CSR 40-10.050. The notice shall also inform the landowner(s) that s/he will have thirty (30) days from the date that the land reclamation program receives the operator’s application for release to make the request for a formal hearing. The application for release and the notification letter to the landowner(s) shall be mailed out simultaneously in order to provide the landowner with as much notice time as possible.

(7) If, after being inspected, an area is found by the commission or director to qualify for a bond release, the bond will be reduced proportionately, but not below the eight thousand dollar ($8,000) minimum required. An area shall qualify for bond release when the operator has fulfilled all reclamation obligations specified in the approved permit, Land Reclamation Act, the rules in this chapter, and all other applicable laws.

(8) Whenever an increase in acreage permitted requires an increase in bond, additional bond and bond form(s) reflecting the increase shall be submitted as required by this rule.

(9) The bond shall be forfeitable upon permit revocation or upon the operator’s failure to renew the permit on affected acres not reclaimed or for any violation of these rules. In the event the bond is forfeited, the commission may pursue all legal remedies to obtain the bond and to complete reclamation. 1971, amended 1984, 1990, 1992, 2001; and 444.784, RSMo 1971, amended 1990, 2001.

##### **10 CSR 40-10.040** Permit Review Process {#sec-10-csr-40-10.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-10.040}

PURPOSE: This rule sets forth the requirements for review of the application, the approval and denial process, and hearing requirements pursuant to section 444.773, RSMo.

(1) The director may approve a variance to a permit application or permit amendment when the operation, reclamation, or conservation plan deviates from the requirements of sections 444.760–444.790, RSMo and these rules if it can be demonstrated by the operator that— (A) Conditions present at the mine location warrant the exception;

(B) The protection of the health, safety, and livelihood of the public is not reduced;

(C) There is no additional effect to the landowner’s or adjacent landowner’s property than the effects under a normal permit;

(D) The protection afforded by sections 444.760–444.790, RSMo is not reduced;

(E) The procedure to be used in the review of a request for a variance shall be as follows:

1. The operator shall identify on a map the location of the area(s) that the variance request applies. Such map shall comply with the requirements of 10 CSR 40-10.020(2)(E); and 2. The operator shall list the number of acres involved in the variance request area, the dates that work is to commence and is to be completed, and the nature of the variance request; and (F) If the director recommends a denial of the variance, the applicant may request a hearing, as provided for in 444.789, RSMo. 1971, amended 1984, 1990, 1992, 2001; and 444.784, RSMo 1971, amended 1990, 2001.

##### **10 CSR 40-10.050** Performance Requirements {#sec-10-csr-40-10.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-10.050}

PURPOSE: This rule sets forth the requirements that a surface mine operator must meet to protect the environment and restore the surface-mined land by setting standards for post-mining land use, backfilling and grading, sediment and water management control, protection of adjacent properties and time extension criteria pursuant to section 444.760–444.790, RSMo.

(1) Copies of all current Land Reclamation Program permits must be available for inspection at the mine office that is listed on the permit application.

(2) Lateral Support Requirements.

(A) The distance from a public road, street or highway rightof-way to the beginning of excavation shall be— 1. Twenty-five feet (25') plus one and one-half (1 1/2) times the depth of unconsolidated material; and 2. The minimum allowable distance is fifty feet (50'), unless a variance is granted by the commission. The variance shall be according to 10 CSR 40-10.040(2) and shall be approved by the authority having jurisdiction over the road.

(B) For unconsolidated materials left in place, a slope of no more than forty degrees (40°) may start near the right-of-way line and proceed to the excavation which is the point where the slope exceeds forty degrees (40°). In either case, the excavation shall be no closer to the right-of-way than twenty-five feet (25'), plus one and one-half (1 1/2) times the depth of unconsolidated material or fifty feet (50'), whichever is greater, unless a variance is granted according to paragraph (2)(A)2.

(3) Safety Barrier Requirements.

(A) An adequate safety barrier must be placed at the perimeter of the excavation if the excavation is— 1. At or within fifty feet (50') of the right-of-way of any public road and no other adequate barriers exist; or 2. Fifty feet (50') or closer to any property line and is necessary to mitigate serious and obvious threats to public safety.

(B) The barrier shall be a minimum of three feet (3') high.

(4) Erosion and Siltation Control Requirements.

(A) The commission may require erosion or sedimentation control if damaging erosion or siltation occurs or is likely to occur from land affected by surface mining onto adjacent lands.

(B) Erosion and siltation are considered damaging if it causes the approved post-mining land use not to be met or excess silt is deposited on or outside the affected area.

1. Erosion control includes, but is not limited to, diverting runoff away from the permitted area, straw dikes, riprap, check dams, mulch, vegetative cover, chemical treatment and limiting livestock grazing.

2. Sedimentation control includes, but is not limited to, vegetative sediment filters, sediment ponds, silt fences and keeping the disturbed, but reclaimed, area to a minimum by timely reclamation.

3. Erosion control structures shall be constructed to United States Department of Agriculture Natural Resources Conservation Service (NRCS) standards.

4. Sedimentation ponds shall be built to the requirements of the publication Natural Resources Conservation Service Conservation Practice Standard, POND (No.) CODE 378 (NRCS MOFOTG, December 1998), unless subsection (9)(C) or (D) regarding Missouri Dam Safety or Mine Safety and Health Administration (MSHA) apply.

5. Sedimentation ponds shall be designed and built to control damaging runoff.

(5) Grading Requirements.

(A) The affected areas must be graded to a free draining topography traversable by farm machinery and suitable for the intended land use.

(B) Exceptions to the Grading Requirements of Subsection (5)(A).

1. Slopes need not be reduced to less than the original slope of the areas prior to mining by the permittee.

2. Areas that will be under water permanently.

3. Areas that will be reclaimed for wildlife purposes where up to twenty-five percent (25%) of the acreage of overburden generated by surface mining during each permit year need not be graded to a rolling topography, but shall be graded to a minimum width of thirty feet (30') or one-half (1/2) the diameter of the base of the pile, whichever is less.

4. Boxcut spoil that cannot be reclaimed to wildlife purposes shall be graded to a slope no steeper than twenty-five degrees (25°) from horizontal.

5. Slopes of dams, berms, dikes, ditches or terraces.

6. Areas in the floodplain of a river or stream subject to flooding and to the extent that grading would be unsafe or ineffective as outlined in section 444.774.1(11), RSMo.

7. For barite pits, section 444.774.1(2), RSMo, requires the sidewalls of the excavation to be graded to a point where it blends with the surrounding topography. In no case shall the contour be such that erosion and siltation are increased.

8. Highwalls consisting of consolidated materials may remain after reclamation if overburden material removed during mining is not available for use as backfill or if the backfilling of a highwall is impracticable.

9. Sites that are temporarily inactive as a result of a finding by the director as per section (10) of this rule are exempt provided that appropriate site stabilization measures are substituted for the grading requirement. Appropriate site stabilization measures shall be specified, if applicable, in the permit application and may include, but not be limited to:

A. Seeding with approved temporary and permanent species of grasses and legumes;

B. Mulching, installing and maintaining silt fences; and C. Otherwise preventing erosion on areas affected by surface mining activities.

(C) Covering Acid-Forming Materials.

1. Acid-forming materials or other materials requiring special handling uncovered during mining shall be covered with two feet (2') of nontoxic-, nonacid-forming material.

2. Acid-forming materials shall include the following:

A. Materials having an acid-base deficiency of more than five (5) tons calcium carbonate equivalent per one thousand (1,000) tons of material;

B. Materials having a pyritic sulfur content of more than two percent (2%) per one thousand (1,000) tons of material;

C. Materials having an electrical conductivity of more than four millimhos/centimeter (4.0) (mmhos/cm);

D. Materials having a pH of less than four and one-half (4.5);

E. Oil, scum or other hydrocarbon materials in sufficient amounts collected on or in impoundments which will affect wildlife adversely; and F. Waste materials from the processing of tar sands.

(D) When surface mining tar sands, all spent sands and refuse shall be collected and disposed of as the commission prescribes as conditions of the permit.

(6) Topsoil Handling Requirements.

(A) Soil Removal.

1. A twelve-inch (12") layer that includes the A horizon (the topsoil) and the unconsolidated material immediately below the topsoil, or all of unconsolidated material if the total available is less than twelve inches (12"), shall be removed and replaced as the surface soil layer.

2. If twelve inches (12") of the A horizon and the unconsolidated material immediately below the topsoil does not exist, the SCS county soil survey shall be used to verify available material. If the operator disagrees with the SCS survey or if the SCS soil survey is not available, it shall become his/her burden to demonstrate that less than twelve inches (12") of material existed prior to mining.

3. All of the required soil material shall be removed before drilling, blasting, mining or other surface disturbance can take place.

4. All topsoil shall be removed ten feet (10') ahead of the mineral or overburden excavations unless use of substitute materials is approved in the reclamation plan.

(B) Whenever topsoil is not respread immediately, the stockpiled topsoil or substitute material shall be placed in a stable area within the permit area where it will not be disturbed or be exposed to excessive water, wind erosion or contaminants.

Topsoil shall be protected from erosion, whether in stockpiles or after replacement on graded spoil, by establishment of a temporary or permanent vegetative cover or by mulching.

(C) Soil Redistribution.

1. Topsoil redistribution. Topsoil shall be redistributed in a manner that— A. Achieves an approximate uniform thickness;

B. Prevents excess compaction of the topsoil; and C. Protects the slope from erosion, on all slopes fiveto-one (5:1) ratio or greater or where erosion occurs, by the operator applying mulch or using other measures approved by the director.

2. Nutrients and soil amendments shall be applied to the surface soil layer in a manner sufficient to achieve a vegetative cover as required by section 444.774.2, RSMo and these rules.

3. No topsoil or other approved material is required to be placed on areas reclaimed for wildlife purposes or industrial areas as specified in the reclamation plan.

(D) Overburden or other approved materials may be used as a topsoil substitute material provided the resulting soil medium is equal to or more suitable for vegetation and if all the following requirements are met:

1. The operator demonstrates in the reclamation plan that the selected overburden materials or an overburden-topsoil mixture is equal to or more suitable for restoring land capability and productivity by results of chemical and physical analysis. These analyses shall include determinations of pH, percent organic material, phosphorus, potassium, texture class and water-holding capacity;

2. The chemical and physical analyses are performed by a qualified laboratory; and 3. The alternative material is removed and replaced in accordance with this section.

(E) Sale or Destruction of Topsoil.

1. The approved reclamation plan also may include a provision for the sale or disposal of excess topsoil, provided sufficient topsoil is stockpiled as necessary to carry out the reclamation plan.

2. If topsoil is removed and either sold or made unavailable for reclamation, a four thousand five hundred-dollar ($4,500)-per-acre bond for each acre to be revegetated shall be posted with the Land Reclamation Commission for each acre on which this occurs, unless a substitute material is stockpiled.

This bonding requirement shall not apply to areas where topsoil does not exist prior to mining.

(7) Revegetation and Post-Mining Land Uses.

(A) Reclaimed areas shall be able to support or be utilized, or both, for one (1) or more of the following uses:

1. Wildlife habitat—Areas that will be utilized as forest, wildlife shelter, wildlife food sources and that can be protected from livestock;

2. Agricultural—Areas that will be utilized as pasture, cropland, horticultural crops and support facilities;

3. Development—Areas that will be utilized as home sites, industrial development and recreational sites; and 4. Water impoundments—Areas that provide water impoundments for wildlife habitat, agricultural uses or development uses.

(B) Revegetation.

1. Where required, the operator shall establish a vegetative cover appropriate for the approved land use and in conjunction with 10 CSR 40-10.020(2)(D)3. by methods based on sound agronomic and forestry practices.

2. The vegetation on all affected areas, as appropriate, shall be sufficient to control erosion.

3. All soil amendments made for the purpose of establishing or improving vegetative cover on an affected area shall be based upon soil test results from a qualified soils lab.

(8) Cleanup Requirements. All debris and materials generated by the mining operations not allowed or shown on the reclamation plan must be removed before reclamation is considered complete.

(9) Permanent Final Pit Impoundments.

(A) Section 444.774.1(7), RSMo allows for permanent impoundments in the final cut in a permit area. The impoundment shall— 1. Not interfere with other mining operations.

2. Not damage adjoining property.

3. Comply with section 444.774.1(8), RSMo, which requires— A. If the impoundment will cover the exposed face of a mineral seam where toxic materials are present, then it must be constructed to prevent a constant inflow from a stream and the discharge must not cause fish or wildlife kills; and B. If the impoundment will cover tar sands, the tar sands must be capped with two feet (2') of earth; and no layer of hydrocarbon will be allowed to collect on the surface that will affect fish or wildlife adversely.

(B) The impoundment shall be designed and constructed to SCS Ponds 378 standards for Missouri.

(C) If the height of the dam is thirty-five feet (35') or more, as measured from the natural bed of the stream or lowest point on the toe of the dam (whichever is lower) up to the crest elevation, then the operator must have the designs approved by the Dam and Reservoir Safety Program per 10 CSR 22-3.020 prior to construction of the impoundment.

(D) If the structure can impound water or sediment to a height of five feet (5') or more above the upstream toe of the structure and can have a storage volume of twenty (20) acrefeet or more, or can impound water or sediment to an elevation of twenty feet (20') or more above the upstream toe, then the operator is advised that the federal requirements of 30 CFR 77.216 may apply.

(E) The effluent shall meet National Pollutant Discharge Elimination System (NPDES) standards where NPDES permits have been issued before the bond is released.

(10) Timing of Reclamation. Reclamation shall commence as soon as practicable after the completion of surface mining of viable mineral reserves in any portion of the permit area in accordance with the plan of reclamation required by subsection 9 of 444.772, RSMo, these rules and the conditions of the permit.

(A) Grading and topsoil replacement shall be completed within twelve (12) months after mining of viable mineral reserves is complete in that portion of the permit area based on the operator’s prior mining practices at that site. Mining shall not be deemed complete if the operator can provide credible evidence, in writing, to the director that viable mineral reserves are present.

(B) Seeding and planting shall be completed within twenty-four (24) months after mining of viable mineral reserves is complete in that portion of the permit area based on the operator’s prior mining practices at that site. Mining shall not be deemed complete if the operator can provide credible evidence, in writing, to the director that viable mineral reserves are present, with survival of vegetation by the second growing season.

(C) All areas within the permit shall be subject to this timetable unless it can be shown by the operator that the area is needed as a part of the active operations.

(D) The director or commission shall keep information confidential if the person submitting it requests, in writing at the time of submission, that it be kept confidential and the information concerns trade secrets or is privileged commercial or financial information relating to the competitive rights of the persons intending to provide information.

(E) The director’s determination shall be documented in writing to the file.

(11) Signs. A sign(s) identifying the mine area shall be displayed at the primary point of access to the permit area. It shall show the name of the permittee. The operator shall exhibit due diligence in maintaining the sign(s) until after the release of all performance bonds.

(12) Substitution of Previously Mined Land for Reclamation.

(A) The operator may reclaim an area of previously mined land as a substitute for the areas actually disturbed by the permitted mining. Substitute areas need not be contiguous to the original permit area.

(B) The substitute area must be shown to have an equivalent or greater reclamation benefit than the original mine site.

(C) The landowners of both the substitute areas and the original mine site must have given approval for the substitution.

(D) The operator shall submit two (2) copies of an application and reclamation plan on a form provided by the commission and maps equivalent to 10 CSR 40-10.020(2)(E).

(E) The operator must receive approval of the request from the commission or director before the reclamation is initiated on the substitute site.

(F) The operator shall be released of all responsibility for reclamation on the area previously permitted.

(13) Flood Plain.

(A) Mining conducted in flood plains of streams and rivers subject to periodic flooding may be exempt from grading requirements if it can be demonstrated to the commission that grading would be unsafe to pursue or ineffective in achieving proper reclamation.

(B) Areas that are in a flood plain, as defined in 10 CSR 40- 10.100(8), and where reclamation operations are unsafe to pursue or ineffective in achieving reclamation as defined in subsection (13)(C), will be exempted automatically without demonstration to the commission if it can be demonstrated to the director.

(C) Reclamation operations shall be considered unsafe to pursue or ineffective in achieving reclamation if the land surface is affected severely in that inundation causes surface changes that makes reclamation ineffective and nonpermanent.

(14) In-Stream Gravel Removal Requirements.

(A) Commercial operations that conduct sand and/or gravel removal within the stream banks must comply with the following requirements.

(B) The following requirements are designed to protect water quality while allowing for the excavation of sand and gravel from riparian environments. Upon request of the applicant, the program may establish site-specific variances to address conditions that may occur at individual locations.

1. Excavation of sand or gravel deposits shall be limited to deposits in unconsolidated areas containing primarily smaller material (at least eighty-five percent (85%) of the material is less than three inches (3") in diameter) that is loosely packed and contains no woody perennial vegetation greater than one and one-half inches (1 1/2") in diameter, measured at breast height four and one-half feet (4.5').

2. An undisturbed buffer of ten foot (10') width shall be left between the excavation area and the water’s edge of the flowing stream at the time of excavation. A buffer zone of adequate width to protect bank integrity should be left between the excavation area and the base of the high bank.

3. An undisturbed buffer of twenty-five feet (25') wide shall be maintained in an undisturbed condition landward of the high bank for the length of the gravel removal site. Disturbed areas in this riparian zone shall be limited to maintained access road(s) for ingress and egress only. No clearing within this riparian area is authorized in association with work authorized by this permit.

4. Sand or gravel shall not be excavated below water elevation at the time of removal, except:

A. If the stream is dry at the time of excavation, excavation shall not occur deeper than the lowest undisturbed elevation of the stream bottom adjacent to the site. Upon request of the applicant, excavation depth restriction may be modified if the staff director determines that a variance would not significantly impact the stream resource.

B. For wet stream reaches, excavation depth restriction may be modified if it is determined by the staff director that a variance would not significantly impact the stream resource based on the presence of bedrock to prevent head cutting, excessive bedload, gravel rich areas or any other appropriate reason.

5. Stream channels shall not be relocated, straightened, cut off, shortened, widened, or otherwise modified. A stream channel is defined as that area between the high banks of the creek where water is flowing, or in the case of a dry stream, where water would flow after a rain event.

6. Within thirty (30) days of the removal of excavation equipment from the site, streambank areas disturbed by the removal operation shall be revegetated or otherwise protected from erosion. For long-term operations (longer than thirty (30)

days) or for sites that will be periodically revisited as gravel is deposited, access points shall be appropriately constructed and maintained such that stream banks and access roads are designed and constructed to minimize erosion.

7. Any aggregate, fines, or oversized material removed from the site shall be placed beyond the high bank, on a non-wetland site that has been approved by the landowner.

No material, including oversized material, that results from excavation activity may be stockpiled or otherwise placed into flowing water or placed against streambanks as bank stabilization unless specifically authorized by a state or federal permit.

8. All sand or gravel washing, gravel crushing, and gravel sorting shall be conducted beyond the high bank, in a non-wetland area and away from areas that frequently flood, such that gravel, silt, and wash water that is warm, stagnant, or contains silty material cannot enter the stream or any wetland.

9. Vehicles and other equipment shall be limited to removal sites and existing crossings. Water shall be crossed as perpendicular to the direction of the stream flow as possible.

10. Fuel, oil and other wastes and equipment containing such wastes shall not be stored or released at any location between the high banks or in a manner that would enter the stream channel. Such materials shall be disposed of at authorized locations.

(15) Outstanding Resource Waters (10 CSR 20-7.031).

(A) In-stream sand and gravel operations are prohibited from those waters listed as “Outstanding National Resource Waters.”

(B) In-stream sand and gravel operations are prohibited from those segments of “Outstanding State Resource Waters” that are owned or managed by a state or federal agency.

(C) All other applications for in-stream sand and gravel operations on “Outstanding State Resource Waters” shall be reviewed individually to determine if specific conditions are necessary to preserve these stream reaches during mining activity. These individual reviews would assist the applicant in focusing on issues of specific concern. The individual review shall include a site visit by Department of Natural Resources (DNR) staff prior to permit issuance, and annual site inspections by DNR staff during the life of the permit.

(16) The Land Reclamation Program shall consult with the appropriate agencies as to the presence of state and federal threatened and endangered species in the stream reach in order to avoid jeopardizing the species’ continued existence or destroying or adversely modifying the habitat of such species.

**History**
- *AUTHORITY: sections 444.530, RSMo 2000 and 444.767, 444.772, 444.774 and 444.784, RSMo Supp. 2004. Original rule filed Aug. 2, 1991, effective Feb. 6, 1992. Amended: Filed June 1, 1994, effective Nov. 30, 1994. Amended: Filed Dec. 16, 2003, effective Sept. 30, 2004. Amended: Filed April 1, 2004, effective May 30, 2005. Original authority: 444.530, RSMo 1971, amended 1983, 1990, 1993, 1995; 444.767, RSMo 1971 amended 1990, 1993, 2001; 444.772, RSMo 1971, amended 1984, 1990, 1992, 2001; 444.774, RSMo 1971, 1990, 2001; and 444.784, RSMo 1971, amended 1990, 2001.*

##### **10 CSR 40-10.060** Inspection Authority and Right of Entry {#sec-10-csr-40-10.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-10.060}

(Rescinded August 30, 2018)

2004. Original rule filed Aug. 2, 1991, effective Feb. 6, 1992.

Amended: Filed April 1, 2004, effective May 30, 2005. Rescinded:

Filed Jan. 10, 2018, effective Aug. 30, 2018.

**History**
- *AUTHORITY: sections 444.767, 444.772 and 444.784, RSMo Supp.*

##### **10 CSR 40-10.070** Enforcement {#sec-10-csr-40-10.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-10.070}

PURPOSE: This rule sets forth the requirements for enforcement procedures pursuant to sections 444.778, 444.782, 444.786, 444.787, 444.788 and 444.789, RSMo.

(1) Operations Without a Permit.

(A) If surface mining activities are being conducted without a permit or in violation of any revocation order and a variance has not been issued, enforcement action shall be taken.

1. Prior to the filing of any suit, a notice of violation shall be issued to the operator by the director or an authorized representative of the director. This notice shall be in writing, signed by the person writing the violation and setting forth:

A. The nature of the alleged violation;

B. The law, regulation or permit requirement violated;

C. The location of the affected area to which it applies;

D. The remedial action(s) required; and E. A reasonable time for abatement.

2. The director may vacate the notice of violation or modify the abatement requirements and the time frames if sufficient justification is presented by the operator.

3. The director shall terminate a notice of violation if all abatement measures have been accomplished. The notice of violation may be subject to an administrative penalty so defined in section (7).

4. The violation shall be served upon the operator as described in section (4).

5. If the operator fails to respond to the notice of violation as per the abatement method and time as specified in the notice, the director shall present the matter to the commission.

The commission shall request the attorney general to file suit in the name of the state of Missouri in either the county where the violation has occurred or in Cole County. The suit shall be filed for injunctive relief and civil penalty of not less than fifty dollars ($50) nor to exceed one thousand dollars ($1,000) per day for each day the violation continues and for forfeiture of bond. Civil penalties may be assessed by the court of jurisdiction following the determination of a violation.

6. The operator is not entitled to an informal conference or a hearing before the commission based upon the fact of a notice of violation issued under this provision. The operator’s right to appeal shall be before the court of jurisdiction.

7. The operator may enter into a settlement agreement with the commission, if adopted and approved by the court of jurisdiction. A settlement agreement shall not be prepared until a petition for injunctive relief has been filed.

(2) Operations With a Permit.

(A) Conference, Conciliation and Persuasion (CC&P). If, during the course of inspection, it is determined that a surface mining operation is being conducted contrary to or in violation of any statute or regulation promulgated by the commission, a condition of the permit or any approved variance or condition of the bond, the director, by conference, conciliation or persuasion, may endeavor to eliminate the violation.

(B) Notice of Violation. If attempts to eliminate a violation through, CC&P are not successful, the director or an authorized representative of the director shall issue a violation to the operator. The notice of violation may be issued by an authorized representative of the commission.

1. A notice of violation issued under this section shall be in writing, signed by the person writing the violation and setting forth— A. The nature of the alleged violation;

B. The law, regulation or permit requirement violated;

C. The location on the permit to which it applies;

D. The remedial action(s) required; and E. A reasonable time for abatement.

2. The director may vacate the notice of violation or modify the abatement requirements and the time frames if sufficient justification is presented by the operator.

3. If the time frame for abatement of a violation is not met, the director shall file a formal complaint with the commission.

4. The director shall terminate a notice of violation if all abatement measures have been accomplished. The notice of violation may be subject to administrative penalties as defined in section (7).

(3) Formal Complaint.

(A) The director shall issue a formal complaint to the commission if the— 1. Abatement measures have not been met within the prescribed time frame; or 2. Administrative penalties assessed by the commission have not been paid within ninety (90) days.

(B) The formal complaint shall be in writing, signed by the director and include:

1. The nature of the alleged violation;

2. The law or regulation violated;

3. Remedial action required;

4. The statement that the operator has a right to a hearing; and 5. The proposed penalty assessment on the original violation.

(C) The operator may request a hearing by the commission within fifteen (15) days of receipt of the complaint by the operator.

(4) Service of Notice of Violation, Formal Complaint or Commission Orders.

(A) A notice of violation, formal complaint or commission order shall be served on the person to whom it is directed or a designated agent by certified mail or hand delivered at the mine site.

(B) If the person to receive the certified materials refuses to accept delivery or to collect the mail, the requirements of this

rule shall be deemed to have been completed.

(5) Permit Revocation or Suspension.

(A) A permit may be subject to suspension or revocation if any of the following conditions apply:

1. The permittee has failed to commence corrective measures outlined in a notice of violation within ninety (90) days;

2. The permittee has become insolvent, failed in business, been adjudicated bankrupt, filed a petition in bankruptcy or for a receiver, or had a petition filed against him/her, had a receiver appointed by any court or creditor of the permittee, has attached or executed a judgment against the permittee’s equipment, materials or facilities at the permit area, and the permittee cannot demonstrate or prove an ability to continue to operate in compliance with the regulatory program and permit and plan;

3. The commission shall not issue any permits to any person who has had a permit revoked until the violation that caused the revocation is corrected by the operator to the satisfaction of the commission;

4. The permittee fails to reinstate or replace a bond that has been cancelled by surety as provided by section 444.778, RSMo; or 5. The permittee fails to pay an administrative penalty within ninety (90) days of being assessed by the commission and all administrative and judicial reviews have been exhausted. Judicial review should be requested within thirty (30) days of the commission’s final decision.

(B) Procedures.

1. If a hearing is held pursuant to subsection (3)(C) of this

rule, the commission shall issue written findings of facts and conclusions of law.

2. If appropriate, the commission shall issue an order suspending or revoking the permit within thirty (30) days after the hearing.

(C) After a hearing is held at the request of the operator who has received a formal complaint or after considering a formal complaint when no hearing has been requested by the operator, the commission may revoke or temporarily suspend the permit. The commission may reinstate a suspended permit after the violation has been abated in a satisfactory manner.

(6) Bond Forfeiture.

(A) The commission shall notify the operator of any noncompliance when responding to a formal complaint. This notice shall give the operator a description in writing, by certified mail, of any corrective measures to be taken as approved by the commission, and if these corrective measures have not been commenced by the operator within ninety (90) days, the commission may request forfeiture of the bond.

(B) If the operator does not abate the violation, the— 1. Land Reclamation Commission will notify the operator of noncompliance in writing by certified mail; and 2. Operator will be provided with an opportunity to request a hearing within thirty (30) days after receiving the notification.

A. If the operator requests a hearing, the commission, based on the information presented at the hearing, may— (I) Vacate;

(II) Modify; or (III) Affirm the violation.

B. If the commission affirms the violation or the operator does not request a hearing, the commission may request the attorney general’s office to forfeit bond after the permit has been revoked.

C. If the surety desires to and is capable of completing reclamation, the director, under additional terms and conditions as s/he deems necessary or prudent, may enter into an agreement with the surety to complete reclamation as expeditiously as possible on a set schedule of compliance in lieu of collection of the forfeited bond. If the surety fails to complete reclamation according to the schedule of compliance, the director shall collect the forfeited bond or any instruments securing the bond.

(C) An order of bond forfeiture shall authorize the commission to utilize appropriated monies in the Mine Land Reclamation Fund to complete the reclamation.

(7) Penalty Assessment.

(A) The director shall review each notice of violation in accordance with the assessment procedures described in this

rule to determine whether an administrative penalty should be assessed, the amount of the penalty and whether each day of continued violation will be deemed a separate violation for purposes of the total penalty assessed and, when appropriate, file with the commission and serve the operator the notice provided by section 444.787, RSMo, within thirty (30) days of the issuance of the notice of violation.

(B) Matrix System for Penalties.

1. The matrix system described in this section shall be used to determine the amount of penalty. A penalty shall not be imposed until the director has sought to eliminate the violation through CC&P as defined in 10 CSR 40-10.100(6) or if the violation is considered a minor violation as defined in 10 CSR 40-10.100(31)(B).

2. A penalty shall be assigned in whole numbers as follows:

A. Potential for harm. The assessment of the potential for harm resulting from a violation should be based on the following:

(I) Risk of exposure. The risk of human or environmental exposure presented by a given violation depends on both the likelihood of exposure and the degree of that potential exposure. Evaluating the risk of exposure may be aided by considering these factors— (a) Probability of exposure; if the investigation indicates that the probability of exposure is considered high—three (3) points are assigned, if considered moderate—two (2) points are assigned, if considered low—one (1) point is assigned.

(b) Potential seriousness of the exposure; if the investigation indicates that the probability of exposure is considered high—three (3) points are assigned, if it is considered moderate—two (2) points are assigned, if it is considered low— one (1) point is assigned;

(II) Harm to the regulatory program. Violations may have serious implications and merit substantial penalties where the violation undermines statutory or regulatory purposes or procedures for implementing sections 444.760–444.790, RSMo and its corresponding regulations. If the actions of the operator that are the subject of a violation, have or may have a substantial adverse effect on the statutory or regulatory purposes or procedures for implementing the law or regulations and the program is substantially undermined—three (3) points shall be assigned, if the program is significantly undermined—two (2) points shall be assigned, if there is a small adverse effect—one (1) point shall be assigned; and (III) Evaluating the potential for harm. The potential for harm should be considered to be major, moderate or minor based upon the average of the points assigned under (7)(B)2.A.(I)(a), (b) and part (7)(B)2.A.(II). If the average of the total points assigned is two and six-tenths (2.6) or greater, the assigned category in the assessment matrix in the potential for harm axis shall be considered major; if the average is from one and six-tenths (1.6) to two and three-tenths (2.3), the assigned category shall be moderate; if the average is one and threetenths (1.3) or lower, the assigned category shall be minor.

(a) Major. The violation poses or may pose a substantial risk of exposure of humans or other environmental receptors to a health or safety hazard(s) or environmental pollution or the actions have or may have a substantial adverse regulations, or both;

(b) Moderate. The violation poses or may pose a significant risk of exposure of humans or other environmental receptors to a health or safety hazard(s) or environmental pollution or, actions, have or may have a significant adverse regulations, or both; and (c) Minor. The violation does not pose a substantial or significant risk of exposure of humans or other environmental receptors to a health or safety hazard(s) or environmental pollution or the actions have or may have a small adverse regulations;

B. Extent of deviation from requirement. This relates to the degree to which the violation renders inoperative the law or regulation violated. The violator may be substantially in compliance with the provisions of the law or regulation or it may have totally disregarded the law or regulation. In determining the extent of the deviation, the following categories should be used:

(I) Major. The violator deviates from the law or regulation requirements to the extent that most (or important aspects) of the requirements are not met, resulting in substantial noncompliance;

(II) Moderate. The violator significantly deviates from the requirements of the regulation or statute, but some of the requirements are implemented as intended; and (III) Minor. The violator does not deviate substantially or significantly from the regulatory or statutory requirements, but most (or all important aspects) of the requirements are met; and C. Penalty assessment matrix. The factors outlined in subsections (2)(A) and (B) concerning potential for harm and extent of deviation from a requirement will be used in determining the penalty to be assessed. A matrix is formed using potential for harm and extent of deviation from a requirement as axes of the penalty assessment matrix. The matrix has nine (9) cells and the specific cell is chosen after determining whether major, moderate or minor is appropriate for both the potential for harm and the extent of deviation from requirement factors.

The matrix to be used is illustrated— Potential for Harm Extent of Deviation From Requirement Major Moderate Minor Major $1000 to $800 $799 to $600 $599 to $400 Moderate $799 to $600 $399 to $200 $199 to $100 Minor $599 to $400 $199 to $100 $0 3. Adjustment factors. After the initial assessment is obtained from the matrix, the assessment may be adjusted by taking into account the following factors:

A. Good faith/lack of good faith. The operator can manifest good faith by promptly acting to abate the violation, in which case, the assessment would be adjusted down. The operator can also manifest lack of good faith by not meeting specified time frames for no apparent reason, in which case, the assessment may be adjusted up. No adjustment should be made where the operator’s efforts primarily consist of coming into compliance. The following dollar amounts shall be used to adjust the penalty assessment as determined by the matrix:

(I) For prompt abatement— (a) Abatement within 10% of time allowed, deduct $100;

(b) Abatement within 11 to 20% of time allowed, deduct $90;

(c) Abatement within 21 to 30% of time allowed, deduct $80;

(d) Abatement within 31 to 40% of time allowed, deduct $70;

(e) Abatement within 41 to 50% of time allowed, deduct $60;

(f) Abatement within 51 to 60% of time allowed, deduct $50;

(g) Abatement within 61 to 70% of time allowed, deduct $40;

(h) Abatement within 71 to 80% of time allowed, deduct $30;

(i) Abatement within 81 to 90% of time allowed, deduct $20;

(j) Abatement within 91 to 99% of time allowed, deduct $10;

(k) Abatement within 100% of time allowed, deduct $0;

(II) For lack of good faith, there shall be an additional five dollars ($5) added to the assessment for each day that the abatement goes beyond the date assigned in the notice of violation, for up to thirty (30) days or one hundred fifty dollars ($150) of added assessment.

B. Degree of willfulness, negligence, or both. Adjustments may be made in instances of heightened culpability. In determining whether to adjust the penalty upward, the commission shall consider the operator’s control over the violation, foreseeability of the events constituting the violation, precautions taken by the operator, the operator’s knowledge of the legal requirement which was violated and whether the operator knew or should have known of the hazards associated with the conduct that caused the violation. The penalty shall be adjusted as follows, considering the operator’s degree of willfulness/negligence:

(I) If the events surrounding the violation were within the operator’s control, the assessment shall be increased by fifty dollars ($50);

(II) If the events surrounding the violation were out of the control of the operator, the assessment shall be decreased by fifty dollars ($50);

(III) If the events surrounding the violation were foreseeable and the operator failed to act, the assessment shall be increased by fifty dollars ($50);

(IV) If the events surrounding the violation were unforeseeable, the assessment shall be decreased by fifty dollars ($50);

(V) If the operator was diligent in taking precautions to prevent or avoid the violation, the assessment shall be decreased by fifty dollars ($50);

(VI) If the operator was not diligent, there shall be no adjustment to the assessment;

(VII) If the operator was negligent in preventing the violation, fifty dollars ($50) shall be added to the assessment;

(VIII) If the violation was caused by intentional conduct and a threat to health or safety is a result, one hundred dollars ($100) is added to the assessment;

(IX) If the operator was warned of the legal requirements, twenty dollars ($20) shall be added to the assessment for each written warning given;

(X) If the operator was aware of the legal requirements, but not advised of them, ten dollars ($10) shall be added to the assessment;

(XI) If the operator was warned of the hazards posed by the violation and an environmental, health or safety hazard has been created, twenty dollars ($20) shall be added to the assessment for each warning given;

(XII) If the operator was aware of the environmental, health or safety hazards, but was not warned, ten dollars ($10) shall be added to the assessment;

C. History of noncompliance. The assessment would be adjusted upwards if the operator has a history of noncompliance. The adjustment would be based on the similarity of the previous violation(s), how recent the previous violation(s) was, the number of previous violation(s) and the operator’s response to abating the previous violation(s). The history of all violation(s) that have been finalized in the past twenty-four (24) months shall be considered as follows:

(I) For violation(s) of a similar nature, twenty-five dollars ($25) each shall be added to the assessment; and (II) For each day the operator failed to abate the notice(s) of violations(s), five dollars ($5) shall be added to the assessment for each violation.

D. Ability to pay. A downward adjustment to the assessment could be made if the operator can clearly show that the assessment is beyond its means to pay.

4. Assessment of separate violation for each day. An administrative penalty may be assessed for each day the violation continues. In determining whether to make the assessment, the factors listed in subsection (7)(B) of this rule shall be considered and the extent to which the person to whom the notice or order is issued gained an economic benefit as a result of a failure to comply may be considered.

5. Procedures for assessment of administrative penalties.

A. When the director files a notice as provided in section (4) of this rule, the procedures set forth in sections 444.787 and 444.790, RSMo will be followed.

B. The director shall serve a copy of the proposed assessment and worksheet showing the computation of the proposed assessment on the person to whom the notice or order was issued by certified mail within thirty (30) days of the issuance of the notice or order.

(I) If the mail is tendered at the address of that person set forth in the permit as required under 10 CSR 40-10.020 or at any address which the person is in fact located and s/he refuses to accept delivery or to collect the mail, requirements of this paragraph shall be deemed to have been complied with upon the tender.

(II) Failure by the director to serve any proposed assessment within thirty (30) days shall not be grounds for dismissal of all or part of the assessment unless the person against whom the proposed penalty has been assessed— (a) Proves actual prejudice as result of the delay; and (b) Makes timely objection to the delay. An objection shall be timely only if made in the normal course of administrative review as outlined in the rules set forth.

C. Unless a conference has been requested, the director shall review and reassess any penalty, if necessary, to consider facts which were not reasonably available on the date of issuance of the proposed assessment because of the length of the abatement period. The director shall serve a copy of any reassessment and of a worksheet showing computation of the reassessment in the manner provided for in 10 CSR 40-10.080(6).

However, in no case shall the penalty be increased where commission or department action, or failure to act, has caused a continuation of the violation that was a basis for the penalty.

The procedures for requesting and holding an informal assessment conference are found in 10 CSR 40-10.080(5).

(C) Procedures for Appeal to the Commission.

1. Any person or permittee subject to an administrative penalty, after an informal assessment conference, or in lieu of an informal assessment conference, may appeal his/her penalty to the commission for a re-view.

2. Any appeal to the commission will be handled in accordance with section 444.789, RSMo, and according to Missouri’s Administrative Procedure and Review Law, as found in Chapter 536, RSMo.

(D) Judicial Review. Any final order imposing an administrative penalty is subject to judicial review upon filing of a petition pursuant to section 536.100, RSMo, by any person subject to the penalty. Either party may require that the judicial appeal is tried as a trial de novo in the circuit court of the jurisdiction where the violation occurred.

(E) Payment of Administrative Penalties.

1. Any appeal will stay the due date of that administrative penalty until the appeal is resolved.

2. Payment of any administrative penalty shall be paid within sixty (60) days from the date of issuance of the order assessing the penalty.

3. Any person who fails to pay an administrative penalty by the final due date shall be liable to the state for a surcharge of fifteen percent (15%) of the penalty plus ten percent (10%) per annum on any amounts owed.

4. Action may be brought in the appropriate circuit court to collect any unpaid administrative penalty and for attorney’s fees and costs incurred directly in the collection of it.

(F) Payment of Administrative Penalty. Any administrative penalty assessed under this rule shall be paid to the county treasurer of the county where the violation occurred and credited to the school fund.

(G) Civil Penalty.

1. The state may elect to request that the attorney general or prosecutor file an appropriate legal action seeking a civil penalty in the appropriate circuit court in lieu of assessing an administrative penalty.

2. Assessment of an administrative penalty shall preclude the assessment of— A. A civil penalty for the same violation by the attorney general; and B. The judicial assessment of a civil penalty for the same violation.

(H) The regulations in this rule may also be used in the assessment of civil penalties.

(I) Habitual Violator. A person or operator as defined in 10 CSR 40-10.100(10).

1. The limitation outlined in paragraph (7)(G)2. of this rule shall not apply for a habitual violator of the Land Reclamation Act, land reclamation laws of other states or Missouri or federal laws pertaining to land reclamation.

2. Where a habitual violator, as per the definition in 10 CSR 40-10.100(10), is identified, the commission may pursue both administrative penalties and civil penalties as outlined in this

section.

Amended: Filed Jan. 2, 1992, effective Aug. 6, 1992. Amended: Filed June 1, 1994, effective Nov. 30, 1994. Amended: Filed April 1, 2004, effective May 30, 2005. 1971, amended 1984, 1990, 1992, 2001; and 444.784, RSMo 1971, amended 1990, 1991, 2001.

**History**
- *AUTHORITY: sections 444.767, 444.772 and 444.784, RSMo Supp. 2004. Original rule filed Aug. 2, 1991, effective Feb. 6, 1992.*

##### **10 CSR 40-10.080** Hearings and Informal Conferences {#sec-10-csr-40-10.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-10.080}

PURPOSE: This rule sets forth the procedures for hearings and informal conferences pursuant to sections 444.773 and 444.787, RSMo.

(1) Other Hearings.

(A) If an owner of land that has been affected files a petition in opposition to the release of an operator’s bond within thirty (30) days of the receipt date of the application for bond release, a hearing may be held to determine if the site meets bond release standards. The landowner shall make a demonstration that a performance standard(s) has/have not been met at the site in question in order for the commission to determine if a hearing will be held.

(B) If the director recommends denial of an application for bond release, the operator may request a hearing within thirty (30) days of the receipt of the denial.

(C) Within fifteen (15) days of being issued a formal complaint, the operator may request a hearing before the Missouri Mining Commission at its regular meeting.

(D) For any decision of the commission made pursuant to a hearing held under this section, judicial review is provided in Chapter 536, RSMo. No judicial review shall be available, however, until and unless all administrative remedies are exhausted. The hearing shall also adhere to the requirements of

section 444.789, RSMo and corresponding regulations.

(E) For all hearings, the Missouri Mining Commission shall issue these orders as shall be appropriate and shall give notice to the operator and, if applicable, to the person requesting the hearing.

(F) All final orders of the commission shall be subject to judicial review. Judicial review shall not become available until all administrative remedies are exhausted.

(2) Informal Conferences.

(A) Within fifteen (15) days of receipt of a notice of violation, an operator may request an informal conference with the director at a location of the director’s discretion, unless the operator has been cited for failure to obtain a permit or for failure to renew a permit, and has been issued a notice of violation under 10 CSR 40-10.070(1). The director shall give as much advance notice as practicable of the informal conference to the operator and to the person who filed the complaint that led to the notice of violation, if applicable.

1. Within thirty (30) days of the close of the informal conference, the director shall affirm, modify, or vacate the notice or order in writing. Copies of the decision shall be sent to the operator.

(B) An informal conference may be requested by any person whose property, safety, or health are adversely affected by a violation of the Land Reclamation Act and who requests the director for this informal conference. Within thirty (30) days of the informal conference, the director shall order the operator to adopt corrective measures as are necessary.

(C) Informal conferences are conducted by the director who shall take information from any person in attendance.

(D) Informal Assessment Conference.

1. The director shall arrange for an informal conference to review the proposed assessment or reassessment upon written request of the person to whom the notice or order was issued.

If the request is received within fifteen (15) days from either the date of issuance of the proposed assessment/reassessment, the informal conference shall be held within sixty (60) days of the receipt of the written request.

2. Failure to hold these conferences within that sixty (60)day time period shall not be grounds for dismissal.

3. The commission shall assign the director to hold the informal assessment conference. The conference shall not be governed by Chapter 536, RSMo regarding the requirements for formal adjudicatory hearings.

4. The director shall notify the person issued the notice or order, any person who caused, directly or indirectly, the issuance of the notice or order, and any interested persons of the time and place of the conference.

5. The director shall consider all relevant information on the violation within thirty (30) days after the conference is held. The director either shall— A. Issue a proposed settlement agreement that has been prepared and signed by him/herself to the person issued the notice or order; or B. Affirm, raise, lower, or vacate the proposed penalty.

6. The director promptly shall serve the person assessed with the notice of his/her action in the form of a settlement agreement and a cover letter explaining the action or a letter and new worksheet, if required, if the penalty has been affirmed, vacated, raised, or lowered.

7. If the settlement agreement is signed by the person issued the notice or order, the person assessed will be deemed to have waived all rights of further review of the violation or penalty in question, except as otherwise expressly provided for in the settlement agreement, the settlement agreement shall contain a clause to this effect.

8. If the settlement agreement is entered into, the agreement shall be proposed to the commission for approval or disapproval.

9. If approved, the commission shall send the person issued the notice or order a copy of the commission order and request for payment within thirty (30) days.

10. If the settlement agreement is disapproved or if payment is not made within thirty (30) days, the assessments determined by the penalty points shall be proposed to the commission at the next regularly scheduled commission meeting.

11. If the person issued notice or order does not accept a settlement agreement or any other action of the director which is a result of the informal assessment conference, s/he may request a formal review before the commission. The request shall be received by the commission within thirty (30) days of the receipt of the director’s decision from the conference.

12. At any formal review proceeding, no evidence as to statements made or evidence produced by any one (1) party at an informal conference or resultant settlement agreement shall be introduced as evidence by another party or to impeach a witness. 1971, amended 1984, 1990, 1992, 2001; and 444.784, RSMo 1971, amended 1990, 2001.

##### **10 CSR 40-10.090** Annual Reclamation Status Report {#sec-10-csr-40-10.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-10.090}

(Rescinded August 30, 2018)

rule filed Aug. 2, 1991, effective Feb. 6, 1992. Rescinded: Filed Jan. 10, 2018, effective Aug. 30, 2018.

**History**
- *AUTHORITY: sections 444.760–444.789, RSMo Supp. 1990. Original*

##### **10 CSR 40-10.100** Definitions {#sec-10-csr-40-10.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 40-10.100}

PURPOSE: This rule defines certain terms used for surface mining of minerals under 10 CSR 40-10 and in keeping with section 444.765, RSMo.

(1) Administrative penalty. The monetary fine assessed by the commission.

(2) Amended permit. Involves adding an area to an existing permit area where the area added is already included in an approved long-term operation and reclamation plan. An amended permit does not require a public notice.

(3) Applicable law. That which an operator is required to adhere to with regard to any environmental law or regulation that the Missouri Department of Natural Resources administers.

(4) Conference, conciliation, and persuasion (CC&P). The administrative means employed by the director or his/her representative to resolve or prevent an alleged violation of the law, rules, permit, or conditions of the bond, including, but not limited to, informal conversations, telephone conversations, and letters issued by the director.

(5) Consolidated material. Any naturally formed aggregate or mass of mineral matter which is firm and coherent and that cannot be excavated by normal construction equipment.

Material requires blasting to be excavated.

(6) Flood plain. Geographic areas susceptible to periodic inundation from overflow of natural waterways.

(7) Habitual violator. A person, permittee, or operator that has established a pattern of violations of any requirements of the Land Reclamation Act, its corresponding regulations, or the permit is defined here as any person or permittee who has— (A) Three (3) similar violations in any six (6) or less inspections;

(B) Five (5) violations in any ten (10) or fewer inspections; or (C) Three (3) or more violations in three (3) consecutive inspections.

(8) Industrial uses. An area reclaimed for industrial purposes that is properly stabilized from erosion by means other than vegetation.

(9) In-stream sand and gravel operator. An operator whose entire extraction operation occurs on areas between the defined river or creek banks that are covered by water or are saturated by water throughout the entire year.

(10) Lateral support. Undisturbed material left in place, with unconsolidated material left in place at no more than a forty degree (40°) grade, to prevent sloughing of the adjacent rightof-way of a public road, street, or highway.

(11) Mine expansion. Involves expansions to the area beyond the area described in an existing operation and reclamation plan. With the exception of a permit fee, a mine expansion requires an application equal to a new permit. An expansion may be requested at any time during the term of an existing permit and requires the filing of a new public notice.

(12) Mineral or industrial mineral. A constituent of the earth in a solid state which, when extracted from the earth, is usable in its natural form or is capable of conversion into a usable form as a chemical, an energy source or raw material for manufacturing, or construction material. For the purposes of this section, this definition also includes barite, tar sands shale, sand, sandstone, limestone, granite, clay, traprock, and oil shales, but does not include iron, lead, zinc, gold, silver, coal, surface or subsurface water, fill dirt, natural oil, or gas, together with other chemicals recovered.

(13) New permit. Permits issued for the first time where a new permit number is assigned. All requirements of 10 CSR 40- 10.020 apply.

(14) Notice of violation. The document that is sent by the director to the operator describing the nature of a violation(s) of any law, rule, permit, or condition of the bond, the corrective measures to be taken to abate the violation(s), and a time period for abatement of the violation(s). This definition shall include the notice itself, any modification, termination, or vacation of the notice of violation itself by subsequent actions taken by the director or the commission.

(15) Overburden. This definition does not include the mineral that is being mined at the surface mining operation.

(16) Permit period. The length of time for which the permit is issued, a one (1)-year period.

(17) Renewed permit. Involves only extending the term of an existing permit by another year.

(18) Revised operations. Involves the substantial revision of the mining methods of an existing operation and reclamation plan. This revision does not involve the addition of new areas to the permit. A revision is substantial if the changes clearly exceed the scope of activity authorized by the permit in effect at the time or measurably increases the potential affects on public health, safety, and livelihood.

(19) Surety bond. A joint undertaking by the permittee as principal and the surety where the surety is obligated to pay Missouri the face amount of the bond should the reclamation not be completed by the permittee.

(20) Unconsolidated material. Material which can be removed and handled by normal construction equipment without blasting.

(21) Violation.

(A) Major Violation. The violation poses a high likelihood of pollution, creation of health or safety hazard or public nuisance; or the actions have or may have a substantial adverse effect on the purposes of or procedures for implementing the Land Reclamation Act and its corresponding regulations or a combination of these.

(B) Minor Violation. The violation poses a low likelihood of pollution, creation of health or safety hazard or public nuisance; or the actions have or may have a low adverse effect on the purposes of or procedures for implementing the Land Reclamation Act and its corresponding regulations or it has a minor potential for harm and a minor deviation from the requirements of the law and regulations or a combination of these.

Filed Jan. 2, 1992, effective Aug. 6, 1992. Amended: Filed June 1, 1994, effective Nov. 30, 1994. Amended: Filed April 1, 2004, effective May 30, 2005. Amended: Filed March 26, 2018, effective Nov. 30, 2018. 1971, amended 1984, 1990, 1992, 2001; and 444.784, RSMo 1971, amended 1990, 2001.

## **Division 45** Metallic Minerals Waste Management

### **Chapter 1** Organization

##### **10 CSR 45-1.010** General Organization {#sec-10-csr-45-1.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 45-1.010}

(Rescinded August 30, 2018)

Filed Jan. 19, 2000, effective Sept. 30, 2000.

Rescinded: Filed Jan. 10, 2018, effective Aug. 30, 2018.

**History**
- *AUTHORITY: sections 444.352–444.380, RSMo 1994 and Supp. 1999 and 536.023(3), RSMo Supp. 1999. Original rule filed Oct. 2, 1990, effective April 29, 1991. Amended:*

### **Chapter 2** Definitions

##### **10 CSR 45-2.010** Definitions {#sec-10-csr-45-2.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 45-2.010}

PURPOSE: This rule defines terms used in 10 CSR 45.

(1) The terms defined in section 444.352, RSMo Supp. 1989 are incorporated by reference for use in 10 CSR 45.

(2) This section contains additional definitions of terms used in 10 CSR 45.

(A) Applicant. A person who applies for a permit from the department for a Metallic Minerals Waste Management Permit.

(B) Aquifer. A subsurface water-bearing bed or stratum of sand, gravel or bedrock which stores or transmits water in recoverable quantities that is presently being utilized or could be utilized as a water source for private or public use.

(C) Cave. A natural underground room or series of rooms and passages generally formed by solution of limestone large enough to be entered by a man.

(D) Cistern. An artificial reservoir or tank for storing water.

(E) Department. The Department of Natural Resources.

(F) Geological cross-section. A diagram or drawing that shows features transected by a vertical section drawn at an angle to the longer axis of geologic features.

(G) Geological features. Stratigraphic features, of both consolidated and unconsolidated geologic materials such as bedding, porosity, primary permeability, secondary permeability, and so forth, and structural features such as dips, folds, faults, joints, caves and fractures.

(H) Groundwater. Water occurring beneath the surface of the ground including underground watercourses, artesian basins, underground reservoirs and lakes, aquifers, other bodies of water located below the surface of the ground and water in the saturated zone.

(I) Karst. A terrain, generally underlain by limestone, in which the topography is chiefly formed by the dissolving of rock and which is commonly characterized by karren, closed depressions, subterranean drainage and caves.

(J) Metallic minerals waste management area boundary. The final planned outermost limits of the metallic minerals waste disposal areas or waste management areas as defined in section 444.352(10), RSMo Supp. 1989.

This boundary will identify and encompass the areas used to compute the required amount of financial assurance.

(K) Observable defect. Any defect which would be detectable by an experienced professional engineer making an on-site visual inspection of the dam in accordance with current engineering, geologic and construction practices. This includes, but is not limited to: slides, piping of fines, uncontrolled seepage that exists on the embankment or the downstream foundation of the dam, unusual zones of softness and irregular settlement, erosion on the upstream or downstream slope of the dam, spillways that are calculated to be inadequate for the design flood, spillways that are eroded or otherwise in poor condition and cracks in the embankment or structure.

(L) Owner. Any person who holds a fee simple title to the property upon which the metallic minerals waste disposal area is located.

(M) Permit. An enforceable authorization issued by the director of the Department of Natural Resources in accordance with the Metallic Minerals Waste Management Act, sections 444.352–444.380, RSMo Supp. 1989 collective with other environmental permits referenced in the Act.

(N) Slag. The refuse separated from metal during smelting.

(O) Slag pile. A body of slag deposited as a mound or pile for temporary or permanent storage.

(P) Stability. The properties of a dam or reservoir that cause it, when disturbed from a condition of equilibrium, to develop forces or moments that maintain equilibrium.

(Q) Standing water in wells. The static water level.

(R) Static water level. The distance measured from the established ground surface to the water surface in a well neither being pumped, nor under the influence of pumping, nor flowing under artesian pressure.

(S) Stream. Any body of running water moving under gravity flow in a clearly defined channel on the surface of the ground or in a subterranean cavern.

(T) Subsidence. The settling of the ground surface as a result of natural or man-made causes.

(U) Tailings. The material generated by a mining/milling operation which is deposited in slurry form in an impoundment for storage and/or disposal.

(V) Tailings dam. An existing dam or reservoir used for the impoundment or retention of tailings or a proposed, existing or newly constructed dam and reservoir for which the anticipated or contemplated use is the impoundment or retention of tailings.

(W) Waste management control structure.

Any structure or device whose purpose is to contain, impound or otherwise control metallic minerals waste.

(X) Waste management dam. Any waste management control structure which extends across a stream or water-course which does or may impound metallic minerals wastes.

(Y) Watercourse. A valley, swale, depression or other low place in the topography which may be occupied by flowing water during conditions of runoff.

(Z) Water well. A well constructed when the intended use of that excavation is for the acquisition of groundwater supply.

Filed Jan. 19, 2000, effective Sept. 30, 2000. *Original authority: 444.352–444.380, see Missouri Revised Statutes 1994 and Missouri Revised Statutes Cumulative Supplement 1999; 536.023, RSMo 1975, amended 1976, 1997.

Rebecca McDowell Cook (8/31/00)

**History**
- *AUTHORITY: section 444.352–444.380, RSMo 1994 and Supp. 1999 and 536.023.3, RSMo Supp. 1999. Original rule filed Oct. 2, 1990, effective April 29, 1991. Amended:*

### **Chapter 3** Administrative Penalties

##### **10 CSR 45-3.010** Administrative Penalty Assessment {#sec-10-csr-45-3.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 45-3.010}

PURPOSE: This rule establishes the procedures for assessment of administrative penalties under the Metallic Minerals Waste Management Act.

(1) General Provisions.

(A) The amount of the administrative penalty will be determined according to section (3) of this rule. In no event may the total penalty assessed per day of violation exceed the statutory maximum specified in section 444.375, RSMo.

(B) An order assessing an administrative penalty shall be served upon the operator, owner, or appropriate representative through United States Postal Service certified mail, return receipt requested, a private courier or messenger service which provides verification of delivery, or by hand delivery to the operator’s or owner’s residence or place of business. An order assessing an administrative penalty shall be considered as appropriately served if verified receipt is made by the operator’s or owner’s appropriate representative. A refusal to accept, or a rejection of certified mail, private courier or messenger service delivery, or by hand delivery of an order assessing an administrative penalty constitutes service of the order.

(C) The department may at any time withdraw without prejudice any administrative penalty order.

(D) An order assessing an administrative penalty shall describe the nature of the violation(s), the amount of the administrative penalty being assessed, and the basis of the penalty calculation.

(2) Definitions.

(A) Definitions for key words used in this

rule may be found in 10 CSR 45-10.012.

(B) Additional definitions specific to this

rule are as follows:

1. Economic benefit—Any monetary gain which accrues to a violator as a result of noncompliance;

2. Gravity-based assessment—The degree of seriousness of a violation taking into consideration the risk to human health and the environment posed by the violation and considering the extent of deviation from sections 444.350–444.380, RSMo;

3. Multiple violation penalty—The sum of individual administrative penalties assessed when two (2) or more violations are included in the same complaint or enforcement action; and 4. Multi-day violation—A violation which has occurred on or continued for two (2) or more consecutive or nonconsecutive days.

(3) Determination of Penalties. The amount of an administrative penalty will involve the application of a gravity-based assessment under subsection (3)(A) and may involve additional factors for multiple violations under (3)(B), multi-day violations under (3)(C), and economic benefit resulting from noncompliance under (3)(D). The resulting administrative penalty may be further adjusted as specified under (3)(E).

(A) Gravity-Based Assessment. The gravity-based assessment is determined by evaluating the potential for harm posed by the violation and the extent to which the violation deviates from the requirements of the law.

1. Potential for harm. The potential for harm posed by a violation is based on the risk to human health, safety, or the environment or to the purposes of implementing the Metallic Minerals Waste Management Act (MMWMA) and associated rules and permits.

A. The risk of exposure is dependent on both the likelihood that humans or the environment may be exposed to contaminants and the degree of potential exposure. Penalties will reflect the probability the violation either did result in or could have resulted in a release of contaminants in the environment, and the harm which either did occur or would have occurred if the release had in fact occurred.

B. Violations which may or may not pose a potential threat to human health or the environment, but which have an adverse effect upon the purposes of or procedures for implementing the MMWMA and associated rules and/or permits may be assessed penalty.

C. The potential for harm shall be evaluated according to the following degrees of severity:

(I) Major. The violation poses or may pose a substantial risk to human health, safety or to the environment, or has or may have a substantial adverse effect on the purposes of or procedures for implementing the MMWMA and associated rules and/or permits;

(II) Moderate. The violation poses, or may pose, a significant risk to human health, safety, or to the environment, or has or may have a significant adverse effect on the purposes of, or procedures for, implementing the MMWMA and associated rules and/or permits; and (III) Minor. The violation does not pose significant or substantial risk to human health, safety or to the environment, was not knowingly committed, and is not a minor violation.

2. Extent of deviation. The extent of deviation may range from slight to total disregard of the requirements of the law, and associated rules and/or permits. The assessment will reflect this range and will be evaluated according to the following degrees of severity:

A. Major. The violator has deviated substantially from the requirements of the MMWMA, associated rules or permits resulting in substantial noncompliance;

B. Moderate. The violator has deviated significantly from the requirements of the MMWMA, associated rules or permits resulting in significant noncompliance; and C. Minor. The violator has deviated slightly from the requirements of the MMWMA, associated rules or permits that does not result in substantial or significant noncompliance; most provisions were implemented as intended; the violation was not knowingly committed and is not defined by the U.S. EPA as other than minor.

3. Gravity-based penalty assessment matrix. The matrix that follows will be used to determine the gravity-based assessment portion of the administrative penalty. Potential for harm and extent of deviation form the axes of the matrix. The penalty range selected may be adapted to the circumstances of a particular violation.

Gravity-Based Assessment Matrix (B) Multiple Violation Penalty. Penalties for multiple violations may be determined when a violation is independent of or substantially different from any other violation.

The department may order a separate administrative penalty for that violation as set forth in this rule.

(C) Multi-Day Penalty. Penalties for multi-day violations may be determined when the department has concluded that a JOHNR. ASHCROFT(10/31/18)

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WR   violation(s) has continued or occurred for more than one (1) day. Multi-day penalty assessments will be determined by using the Gravity-Based Assessment Matrix in paragraph (3)(A)3. The department may seek penalties for each day of noncompliance not to exceed the amount of the civil penalty specified in section 444.375, RSMo.

(D) Economic Benefit. Any economic benefits, including delayed and avoided costs that have accrued to the violator as a result of noncompliance will be added to the penalty amount. Determination will be made by the department using an economic benefit formula that provides a reasonable estimate of the economic benefit of noncompliance. Economic benefit may be excluded from the administrative penalty if:

1. The economic benefit is an insignificant amount;

2. There are compelling public concerns that would not be served by taking a case to trial; or 3. It is unlikely that the department would be able to recover the economic benefit in litigation based on the particular case.

(E) Adjustments. The department may add to or subtract from the total amount of the penalty after consideration of the following adjustments:

1. Recalculation of penalty amount.

After the issuance of an order by the department, if new information about a violation becomes available which indicates that the original penalty calculation may have been incorrect, the department may recalculate the penalty;

2. Good faith efforts to comply. The department may adjust a penalty amount downward if good faith efforts have been adequately documented by the violator. Good faith efforts include, but are not limited to, documentation that the violator has reported noncompliance or instituted measures to remedy the violation prior to detection by the department. However, good faith efforts to achieve compliance after agency detection are assumed and are not grounds for decreasing the penalty amount;

3. Culpability. In cases of heightened culpability which do not meet the standard of criminal activity, the penalty may be increased at the discretion of the department, within the ranges of the matrix. Likewise, in cases where there is a demonstrable absence of culpability, the department may decrease the penalty. Lack of knowledge of the MMWMA and any associated rule or permit shall not be a basis of decreased culpability.

The following criteria will be used to determine culpability:

A. How much control the violator had over the events constituting the violation;

B. The foreseeability of the events constituting the violation;

C. Whether the violator took reasonable precautions against the events constituting the violation;

D. Whether the violator knew or should have known of the hazards associated with the conduct; and E. Whether the violator knew or should have known of the legal requirement which was violated. This criteria shall be used only to increase a penalty, not to decrease it;

4. History of noncompliance. Where there has been a history of noncompliance with the MMWMA or any associated rule and/or permit, to a degree deemed significant due to frequency, similarity, or seriousness of past violations, and considering the violator’s response to previous enforcement actions, the department may increase the administrative penalty. No downward adjustment is allowed because of this factor;

5. Ability to pay. When a violator has adequately documented that payment of all or a portion of the administrative penalty will preclude the violator from achieving compliance or from carrying out important remedial measures, the department may— A. Waive any of the administrative penalty; or B. Negotiate a delayed payment schedule, installment plan or penalty reductions with stipulated penalties;

6. Other adjustment factors. This rule allows for other penalty adjustments based on fairness and equity not mentioned in this

rule which may arise on a case-by-case basis.

(4) The proceeds from any administrative penalty assessed in accordance with this rule shall be paid to the county in which the violation(s) occurred for the use and benefit of the public county schools.

(5) Nothing in this rule shall be construed as satisfying any claim by the state for natural resource damages.

Filed Jan. 19, 2000, effective Sept. 30, 2000.

Amended: Filed March 26, 2018, effective Nov. 30, 2018. *Original authority: 444.355, RSMo 1989.

4CODE OF STATE REGULATIONS

(10/31/18) JOHNR. ASHCROFT

**History**
- *AUTHORITY: section 444.355, RSMo 2016. Original rule filed Dec. 31, 1991, effective June 25, 1992. Rescinded and readopted:*

### **Chapter 6** Permits

##### **10 CSR 45-6.010** Permit Applications— General {#sec-10-csr-45-6.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 45-6.010}

PURPOSE: This rule describes procedures for obtaining a Metallic Minerals Waste Management Permit and steps taken to implement sections 444.352–444.380, RSMo Supp.

1989. It qualifies portions of the law and the relationship with other environmental programs.

(1) All persons who operate or desire to operate a metallic minerals waste management area shall apply to the director for a permit required by section 444.358, RSMo Supp.

1989. Each permit shall consist of a closure plan and an inspection-maintenance plan consistent with sections 444.362 and 444.365, RSMo Supp. 1989 and other terms and conditions as may be necessary to implement those plans.

(2) The minimum contents of the application are listed in section 444.360, RSMo Supp.

1989. To support implementation of the statute— (A) Application documents should be submitted in triplicate to the Land Reclamation Program, P.O. Box 176, Jefferson City, MO 65102;

(B) All applications shall be submitted under a cover letter signed by the operator.

The letter shall contain the following certification statement: “(name of operator) certifies that the information contained in this application, to the best of its knowledge and belief, is true, complete and accurate, and if granted this permit, agrees to abide by the Metallic Minerals Waste Management Act and all rules, orders and decisions issued under the Act’s authority subject to any legitimate appeal available to it”;

(C) The legal description required by section 444.360, RSMo Supp. 1989 need only contain the sections impacted by the waste management area and the appropriate township and range. A survey of the metallic minerals waste management boundary is not required;

(D) The person who holds fee title to the property will be considered the owner of the surface of the waste management area;

(E) The operator of a waste management area, who is not the owner, must provide a statement of the legal right to operate on the waste management area. This statement is to be submitted to the owner and must certify that a copy of the plan has been provided to the owner. The word plan, as used in sections 444.352–444.380, RSMo Supp. 1989 refers to both the closure and inspection-maintenance plans. A copy of a letter sent by the applicant to the fee title holder certifying the plans to the owner needs to be a part of the application;

(F) The application or transmittal letter covering the application shall contain the following clause: “(name of operator) hereby grants to the director of the Department of Natural Resources or his/her authorized representatives the right of entry and travel upon its lands and operations at all normal working times for the purpose of making necessary field inspections during the operation of the area and during the closure and inspectionmaintenance periods”;

(G) The maps required by section 444.360(8), RSMo Supp. 1989 may be submitted as one (1) map or as separate maps. If separate maps are submitted, they should be drawn to the same scale and preferably on a drafting material capable of overlaying;

(H) Maps identifying the waste management area should illustrate the existing and projected boundaries of the waste management area;

(I) The contiguous properties referred to in

section 444.360(8)(c), RSMo Supp. 1989 should include, but not be limited to, items such as underground mine networks, air shafts, mills, clear water ponds and surface structures;

(J) Geologic features that could relate to surface water and groundwater quality or dam stability should be included on maps.

These should include, but are not limited to, features such as karst areas, caves, springs, unconsolidated geologic materials, faults and other bedrock formations;

(K) The water well information supplied should include all known or suspected residential water supplies and underground injection wells. Any available information about well and casing depths or aquifers should be included and updated every five (5) years with the required closure plan review; and (L) A geological cross-section of the area under the waste management area should be submitted and include well depths, aquifers, standing water in wells, unconsolidated geologic material, bedrock formations and significant information regarding the quality of groundwater. This cross-section should be at the same horizontal scale as the map required in section 444.360(8), RSMo. The vertical scale shall be clearly labeled.

(3) Application review, permit issuance or permit denial will be conducted with the understanding that— (A) The permit will be issued to the operator of the facility;

(B) The operator shall submit the permit application and processing fee as specified in sections 444.370 and 444.372, RSMo Supp. 1989;

(C) The director is required by section 444.355.1, RSMo Supp. 1989 to ensure the coordination of existing environmental programs as a part of processing the permit. To accomplish this the director will use department staff to— 1. Review all environmental permits held by the applicant including, but not limited to, National Pollutant Discharge Elimination System (NPDES) permits; dam safety construction, registration and safety permits; air pollution control permits; solid waste management permits; hazardous waste management permits; and underground injection control (UIC) regulations;

2. Determine if the existing programs are adequate to achieve the objective of the closure and inspection-maintenance plans; and 3. Take action as authorized by section 444.372, RSMo Supp. 1989 to resolve any unsatisfactory issue;

(D) The director or designated department staff shall conduct an initial review of each application per section 444.372, RSMo Supp. 1989. This review will include or result in:

1. A check of the completeness of the application as compared to section 444.360, RSMo Supp. 1989 and 10 CSR 45-6;

2. An initial evaluation of proposed final uses of the waste management area, financial assurance instruments, the closure and inspection-maintenance plans; and 3. A submittal to the applicant of the initial review findings;

(E) The applicant’s response to the initial review findings referred to in paragraph (3)(D)3. will initiate a more detailed and sitespecific evaluation of the application. To the extent allowed by section 444.380, RSMo Supp. 1989, this detail evaluation may require— 1. Orders of rulemaking necessary to implement or interpret the statute;

2. Field investigations to determine compliance and evaluate proposed management plan details;

3. Communications with other state and federal agencies necessary to implement sub-

section (3)(C) of this rule; and 4. Meetings with the operator to discuss and promote approvable management methods; and (F) A completed application, referenced in

section 444.372, RSMo Supp. 1989 will contain supplemental or corrected information requested during the review process described in section (3) of this rule.

(4) Permit Issuance, Conditions and Revisions.

(A) Section 444.372, RSMo Supp. 1989 requires issuance or denial of the Metallic Minerals Waste Management Permit within ninety (90) days of receipt of the completed application.

(B) Sections 444.362 and 444.365, RSMo Supp. 1989 require the operator to submit closure and inspection-maintenance plans and conduct a periodic plan review, along with the director, every five (5) years. Sections 444.362 and 444.365, RSMo Supp. 1989,

##### **10 CSR 45-6.020** and 10 CSR 45-8 will be used as guidelines for the review process. {#sec-10-csr-45-6.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 45-6.020}

(C) Section 444.368, RSMo Supp. 1989 requires the operator to secure an approvable financial assurance instrument. Acceptable forms of financial assurance are listed in the referenced statute. The amount of financial assurance required by section 444.368.2, RSMo Supp. 1989 will be based upon the acreage within the metallic minerals waste management area boundary. Section 444.368, RSMo Supp. 1989 and 10 CSR 45-6.030 will be used as guidelines for review and approval of financial assurance instruments.

(D) Consistent with the purposes of the approved closure plan set forth by section 444.362, RSMo Supp. 1989, the Metallic Minerals Waste Management Permit shall remain in effect until— 1. Coordination with other applicable environmental permits is unnecessary; and 2. There is evidence through the inspection-maintenance plan that ensures the continued integrity of any waste management structures and the achievement of final designated uses.

(E) After notice to the permittee and a hearing, if required, the permit may be modified as necessary.

(5) Enforcement. The director is authorized by section 444.375, RSMo Supp. 1989 to investigate noncompliance with the waste management permit. Authorized enforcement actions are outlined in sections 444.352– 444.380, RSMo Supp. 1989.

**History**
- *AUTHORITY: section 444.380, RSMo Supp. 1999. Original rule filed Oct. 2, 1990, effective April 29, 1991. Amended: Filed Jan. 19, 2000, effective Sept. 30, 2000.*

##### **10 CSR 45-6.020** Closure Plan and Inspection-Maintenance Plan—General Requirements {#sec-10-csr-45-6.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 45-6.020}

PURPOSE: This rule describes general requirements and guidelines for obtaining an approved Metallic Minerals Waste Management Area Permit and the relationship of this permit to the requirements of other environmental programs.

(1) Consistent with sections 444.362 and 444.365, RSMo, the requirements of applicable state environmental programs and permits shall be included in the closure and inspection-maintenance plans. Compliance with these requirements will be considered a condition of the Metallic Minerals Waste Management Permit. Existing environmental programs, permits, statutes, and rules include, but are not limited to:

(A) The Water Protection Program’s— 1. National Pollutant Discharge Elimination System (NPDES) Permit, Chapter 644, RSMo and 10 CSR 20-6.010;

2. 401/404 approvals, Federal Clean Water Act and section 401, RSMo;

3. Land application letters of approval

Chapter 644, RSMo; and 4. Underground Injection Control (UIC)

Permit, Chapters 577 and 644, RSMo, 10 CSR 20-6.070, and 10 CSR 20-6.090;

(B) The Missouri Geological Survey’s Dam and Reservoir Safety— 1. Registration Permit, section 236.440, RSMo and 10 CSR 22-3.030;

2. Construction Permit, section 236.435, RSMo and 10 CSR 22-3.040; and 3. Safety Permit, section 236.440, RSMo and 10 CSR 22-3.050;

(C) The Solid Waste Management Program’s— 1. Solid Waste Disposal Area Permit, sections 260.200—260.245, RSMo and 10 CSR 80-1.010—10 CSR 80-4.010;

2. Solid Waste Processing Facility Permit, sections 260.200–260.245, RSMo, 10 CSR 80-1.010, 10 CSR 80-2.020, and 10 CSR 80-5.010; and 3. Waste Tire Requirements, section 206.200–206.345, RSMo and 10 CSR 80- 8.020–10 CSR 80-8.060;

(D) The Air Pollution Control Program’s— 1. Major and Minor Source Permits,

section 643.075, RSMo and 10 CSR 10- 6.060;

2. De minimis Permit, section 643.075, RSMo and 10 CSR 10-6.060; and 3. Open Burning Permit, Chapter 643, RSMo and 10 CSR 10-2.100, 10 CSR 10- 3.030, 10 CSR 10-4.090, 10 CSR 10-5.070, and 10 CSR 10-6.060;

(E) The Public Drinking Water Branch’s permit to construct and permit to dispense drinking water, sections 640.110.1 and 640.115, RSMo and 10 CSR 60-10.010 and 10 CSR 60-3.010;

(F) The Land Reclamation Program’s permit to engage in surface mining and sections 444.500—444.786, RSMo; and (G) The Hazardous Waste Program’s— 1. Hazardous Waste Generator Notification Requirements, section 260.380, RSMo and 10 CSR 25-5;

2. Hazardous Waste Resource Recovery Certification, section 260.350–260.434, RSMo and 10 CSR 25-9; and 3. Hazardous Waste Facility Permit, section 260.350, RSMo and 10 CSR 25.

(2) If it is determined that existing environmental laws and regulations are not adequate to achieve the objectives of the closure and inspection-maintenance plans, the director may establish additional permit conditions as may be necessary to achieve those objectives, taking cost, benefit, and technical feasibility into account.

(3) The definitions, provisions, and guidelines in 10 CSR 45 shall be used with and, in case of conflict, shall take precedence over other regulations listed in section (1) of this rule.

Filed March 26, 2018, effective Nov. 30, 2018.

**History**
- *AUTHORITY: section 444.380, RSMo 2016. Original rule filed Oct. 2, 1990, effective April 29, 1991. Amended: Filed Jan. 19, 2000, effective Sept. 30, 2000. Amended:*

##### **10 CSR 45-6.030** Financial Assurance— Company Guarantee and Financial Test {#sec-10-csr-45-6.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 45-6.030}

PURPOSE: This rule establishes procedures for obtaining approval from the director of the Department of Natural Resources of a financial assurance instrument in the form of a company guarantee.

(1) Definitions. The terms defined in section (1) of this rule are used in the specifications for the financial test which shall accompany a company guarantee. The definitions are intended to assist in understanding the rule 4CODE OF STATE REGULATIONS (10/31/18) JOHNR. ASHCROFT and are not intended to limit the term definitions in any way that conflicts with generally accepted accounting practices.

(A) Assets. All existing and all probable future economic benefits obtained or controlled by a particular entity.

(B) Company. The owner/operator of the metallic mineral waste management area.

(C) Current assets. Cash or other assets or resources commonly identified as those which are reasonably expected to be realized in cash or sold or consumed during the normal operating cycle of the business.

(D) Current liabilities. Obligations whose liquidation is reasonably expected to require the use of existing resources properly classifiable as current assets or the creation of other current liabilities.

(E) Liabilities. Probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events.

(F) Net working capital. Current assets minus current liabilities.

(G) Net worth. Total assets minus total liabilities and is equivalent to owner’s equity.

(H) Owner/operator. Owner and operator.

(I) Parent corporation. A corporation which directly owns at least fifty percent (50%) of the voting stock of the corporation which is the facility owner or operator; the latter corporation is deemed a subsidiary of the parent corporation.

(J) Tangible net worth. The tangible assets that remain after deducting liabilities. These assets would not include intangibles such as goodwill and rights to patents or royalties.

(2) Company Guarantee and Financial Test.

The requirements for a financial assurance instrument may be satisfied by passing a financial test and submitting a letter from the company guaranteeing the required amount of financial assurance. A corporate guarantee submitted by the parent corporation of the owner/operator as specified in subsection (2)(J) of this rule may also be used to satisfy the requirement for financial assurance.

(A) To pass the financial test the owner/operator must meet the criteria of either paragraph (2)(A)1. or 2. of this rule.

1. The owner/operator must have— A. Two (2) of the following three (3) ratios: a ratio of total liabilities to net worth less than 2.0; a ratio of the sum of net income plus depreciation, depletion and amortization to total liabilities greater than 0.1; and a ratio of current assets to current liabilities greater than 1.5;

B. Tangible net worth at least three (3) times the required financial assurance covered by the test; and C. Total assets in Missouri amounting to at least three (3) times the required financial assurance covered by the test.

2. The owner/operator must have— A. A current rating for his/her most recent bond issuance of AAA, AA, A or BBB as issued by Standard and Poor’s or Aaa, Aa, A or Baa as issued by Moody’s;

B. Tangible net worth at least three (3) times the sum of the required financial assurance covered by the test; and C. Total assets located in the state of Missouri amounting to at least three (3) times the sum of the required financial assurance covered by the test.

(B) The phrase “required financial assurance” as used in subparagraph (2)(A)1.C. of this rule refers to the penal sum required by

section 444.368, RSMo Supp. 1989 and named in the letter from the owner/operator’s chief financial officer (Appendix Form 1).

The penal sum is one thousand dollars ($1000) for each acre or fraction of an acre of the metallic minerals waste management area but not less than twenty thousand dollars ($20,000) for each permit.

(C) To demonstrate that s/he meets this test, the owner/operator must submit the following items to the director:

1. A form letter provider by the director, signed by the owner/operator’s chief financial officer and worded as specified on the form letter;

2. A copy of the independent certified public accountant’s report on examination of the owner/operator’s financial statements for the latest completed fiscal year; and 3. A special report from the owner/operator’s independent certified public accountant to the owner/operator stating that— A. S/he has compared the data which the form letter from the chief financial officer specifies as having been derived from the independently audited year-end financial statements for the latest fiscal year with the amounts in those financial statements; and B. No matters in connection with that procedure, came to his/her attention which caused him/her to believe that the specified data should be adjusted.

(D) After the initial submission of items specified in subsection (2)(C) of this rule, the owner/operator must send updated information to the director within ninety (90) days after the close of each succeeding fiscal year.

This information must consist of all three (3) items specified in subsection (2)(C) of this

rule.

(E) If the owner/operator no longer meets the requirements of subsection (2)(A) of this

rule, s/he must send notice to the director of intent to establish alternate financial assurance. The notice must be sent by certified mail within ninety (90) days after the end of the fiscal year for which the year-end financial data show that the owner/operator no longer meets the requirements. The owner/operator must provide the alternate financial assurance within one hundred twenty (120) days after the end of that fiscal year.

(F) The director, based on a reasonable belief that the owner/operator may no longer meet the requirements of subsection (2)(A) of this rule, may require reports of financial condition at any time from the owner/operator in addition to those specified in subsection (2)(A) of this rule. If the director finds, on the basis of these reports or other information, that the owner/operator no longer meets the requirements of subsection (2)(A) of this

rule, the owner/operator must provide alternate financial assurance as noted in section 444.368, RSMo Supp. 1989 within thirty (30) days after notification of that finding.

(G) The director may require and evaluate additional information which relates to financial status including present or potential environmental liabilities and may deny the use of the financial test based upon that evaluation or the failure of an applicant to provide any additional information requested by the director within thirty (30) days from the date of this request. Pending approval of the use of the test by the director or pending appeal before any court of competent jurisdiction of the director’s denial of the use of the test, the owner/operator shall comply with the financial assurance requirements through the use of an alternate financial assurance mechanism as noted in section 444.368, RSMo Supp.

1989. The burden of proof shall be on the applicant in the event of any appeal of a denial. If the director rules that the owner/operator’s financial test is unacceptable, the owner/operator shall have thirty (30) days from the date of notification of the decision to provide alternative financial assurances.

(H) The director may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in the report on examination of the owner/operator’s financial statements. An adverse opinion or a disclaimer of opinion will be cause for disallowance. The director will evaluate other qualifications on an individual basis. The owner/operator must provide alternate financial assurance as noted in section 444.368, RSMo Supp. 1989 within thirty (30) days after notification of the disallowance.

(I) The owner/operator is no longer required to submit the items specified in sub-

section (2)(C) of this rule when— 1. An owner/operator substitutes alternate financial assurance as specified in section 444.368, RSMo Supp. 1989; or 2. The director releases the owner/operator from the requirements as specified in

section 444.368, RSMo Supp. 1989.

(J) An owner/operator may meet the financial assurance requirements of section 444.368, RSMo Supp. 1989, by obtaining a written guarantee, referred to in this rule as a corporate guarantee. The guarantor must be the parent corporation of the owner/operator.

The guarantor must meet the requirements for owner/operators in subsections (2)(A)— (I) of this rule and must comply with the terms of the corporate guarantee. The wording of the corporate guarantee must be identical to the wording specified on the forms provided by the director to meet the guarantee. The corporate guarantee must accompany the items sent to the director as specified in subsection (2)(C) of this rule. The terms of the corporate guarantee shall provide that— 1. If the owner/operator fails to perform closure and/or inspection-maintenance of a disposal area covered by the corporate guarantee in accordance with the closure and/or inspection-maintenance plan and other permit requirements whenever required to do so, the guarantor will do so or establish alternate financial assurance as specified in section 444.368, RSMo Supp. 1989, in the name of the owner/operator;

2. The corporate guarantee will remain in force unless the guarantor sends notice of cancellation by certified mail to the owner/operator and to the director. Cancellation may not occur, however, during the one hundred twenty (120) days beginning on the date of receipt of the notice of cancellation by both the owner/operator and the director as evidenced by the return receipts; and 3. If the owner/operator fails to provide alternate financial assurance as specified in

section 444.368, RSMo Supp. 1989, and obtain the written approval of the alternate assurance from the director within ninety (90) days after receipt of both the owner/operator and the director of a notice of cancellation of the corporate guarantee from the guarantor, the guarantor will provide alternative financial assurance in the name of the owner/operator.

(3) Registration with Missouri Secretary of State. Any company or parent corporation providing financial assurance as specified in

section 444.368, RSMo Supp. 1989, shall be registered with the Office of the Secretary of State to do business in Missouri.

6CODE OF STATE REGULATIONS

(10/31/18) JOHNR. ASHCROFT

**History**
- *AUTHORITY: section 444.380, RSMo Supp. 1999. Original rule filed Oct. 2, 1990, effective April 29, 1991. Amended: Filed Jan. 19, 2000, effective Sept. 30, 2000.*

### **Chapter 8** Technical Guidelines

##### **10 CSR 45-8.010** General {#sec-10-csr-45-8.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 45-8.010}

PURPOSE: This rule lists the basic technical issues expected to be addressed in a completed application for a Metallic Minerals Waste Management Permit and references other rules containing technical information.

(1) The closure and inspection-maintenance plans shall establish and explain the technical processes and steps proposed to accomplish and maintain closure. Issues expected to be addressed shall include, but should not be limited to:

(A) The design, construction, and maintenance of waste control structures, tailings dams, waste stockpiles, and supporting facilities;

(B) The characterization of waste products;

(C) The methods for control and protection of surface water;

(D) The methods for protection of groundwater and aquifers;

(E) The geology and seismicity of the area;

(F) The potential for subsidence;

(G) The reuse and off-site removal of wastes; and (H) The surface reclamation of waste management areas.

(2) Consistent with section 444.362, RSMo and 10 CSR 45-6.020, the owner/operator shall comply with the appropriate technical requirements, standards, and guidelines published in the rules of other state and federal environmental programs. Supplemental guidelines for preparation, review, and approval of closure and inspection-maintenance plans are— (A) 10 CSR 45-8.020 Groundwater Protection;

(B) 10 CSR 45-8.030 Metallic Minerals Waste Management Control Structures; and (C) 10 CSR 45-8.040 Reclamation-Reuse.

RSMo 2016.* Original rule filed Oct. 2, 1990, effective April 29, 1991. Amended: Filed March 26, 2018, effective Nov. 30, 2018.

##### **10 CSR 45-8.020** Groundwater Protection {#sec-10-csr-45-8.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 45-8.020}

PURPOSE: This rule provides guidelines regarding an approvable groundwater monitoring and protection plan.

(1) Section 444.362, RSMo (Cum. Supp.

1989) requires a plan for monitoring and protection of groundwater consistent with Missouri’s Water Quality Standards at 10 CSR 20-7.031(5). The purpose of the plan shall be to prevent the contamination of groundwater in aquifers through the disposal of metallic minerals waste. The plan shall include, but not be limited to:

(A) An analysis of groundwater quality in the aquifers identified in the permit application;

(B) The design and construction of monitoring wells;

(C) A groundwater monitoring program during the active life of the site, during closure and throughout the inspection-maintenance period; and (D) A description of the methods the operator will use to prevent the contamination of aquifers.

(2) The groundwater protection plan preparation, review and implementation shall be based upon technology and methods of sample collection, analysis and evaluation that are currently acceptable and available to the geologic, hydrologic, engineering and mining professions.

(3) Contaminants from metallic minerals waste disposal shall not cause or contribute to the exceedence in aquifers of Missouri’s Water Quality Standards in 10 CSR 20- 7.031(5). The director may establish groundwater monitoring compliance points as necessary to achieve this objective.

RSMo Supp. 1989.* Original rule filed Oct. 2, 1990, effective April 29, 1991.

RSMo 1989.

##### **10 CSR 45-8.030** Metallic Minerals Waste Management Structures {#sec-10-csr-45-8.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 45-8.030}

PURPOSE: This rule provides guidelines regarding the integrity, design, construction and maintenance of metallic mineral waste management structures including, but not limited to, tailings dams and slag waste piles.

This rule includes dams less than thirty-five feet in height not regulated under the Missouri Dam Safety Act, sections 236.400— 236.500, RSMo (1986).

(1) For dams located in metallic minerals waste management areas that are constructed after the effective date of this regulation and are less than thirty-five feet (35') in height, the operator shall certify using standards that are currently acceptable and available to the engineering profession that the structures meet the requirements for spillway capacity, slope stability, correction of observable defects, maintenance, and inspection in order to ensure the continued integrity of the structure.

(2) For dams located in metallic minerals waste management areas that were constructed before the effective date of this regulation and are less than thirty-five feet (35') in height, the operator shall certify using standards that are currently acceptable and available to the engineering profession that the structures meet the requirements for spillway capacity, correction of observable defects, and maintenance and inspection.

(3) Sloped faces of slag waste piles or other waste management control structures shall be maintained according to the lines and gradients shown on the approved permit application. Any slope failures, as evidenced by scarp formation, sloughing, bulging, or other indications, shall be reported to the director in writing within ten (10) days of the time when the failure is first noticed. Upon review of the failure, the director will determine what corrective action is to be taken. Corrective action may include repair and stabilization of the failed area.

(4) Sloped faces that experience erosion shall be repaired by the operator on an on-going

basis. The operator shall keep a record of all these repairs and make these records available to the director upon request. No repairs shall be made that would result in significant deviances from the lines and grades shown on the approved permit application without written approval of these repairs by the director.

Areas that experience recurring erosion may require special erosion control measures, such as application of revetment materials, regrading, and so forth. The director and operator will determine the need for these measures during the review of the closure plan. The operator shall prepare plans and specifications for measures in accordance with practices reputable and appropriate in the engineering, geologic, and construction professions. A copy of these plans and specifications will be provided to the director for review. The operator shall not begin construction of erosion control measures without written approval of that work from the director.

JOHNR. ASHCROFT(10/31/18)

(5) The operator shall provide a judgment of the effect of subsidence and earthquake loads on the long-term stability and integrity of all tailings dams, slag piles, and other waste management control structures located within the boundary of the waste management area.

The judgment shall be based upon engineering analysis and experience in accordance with practices reputable and in current use in the engineering and geologic professions.

The operator and director shall determine the need for remedial measures to counteract the effects of potential subsidence.

RSMo 2016.* Original rule filed Oct. 2, 1990, effective April 29, 1991. Amended:

Filed March 26, 2018, effective Nov. 30, 2018.

##### **10 CSR 45-8.040** Reclamation-Reuse {#sec-10-csr-45-8.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 45-8.040}

PURPOSE: This rule provides guidelines for reclamation of permitted metallic minerals waste management areas.

(1) Land reclamation methods shall be established so that— (A) Wind erosion and dust generation will be minimized; and (B) Runoff and seepage are managed to minimize negative environmental effects and changes in the hydrologic balance.

(2) Dust shall be controlled by techniques such as water spray, chemical binders, anchored mulches, vegetation, and physical containment.

RSMo 2016.* Original rule filed Oct. 2, 1990, effective April 29, 1991. Amended:

Filed March 26, 2018, effective Nov. 30, 2018.

4CODE OF STATE REGULATIONS

(10/31/18) JOHNR. ASHCROFT

## **Division 50** Oil and Gas Council

### **Chapter 1** General Procedures and Definitions

##### **10 CSR 50-1.010** Organization {#sec-10-csr-50-1.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-1.010}

(Rescinded August 30, 2018)

Amended: Filed Sept. 12, 1973, effective Sept. 22, 1973. Amended: Filed June 14, 1976, effective Nov. 12, 1976. Amended: Filed Sept. 15, 2015, effective March 30, 2016. Rescinded: Filed Dec. 29, 2017, effective Aug. 30, 2018.

**History**
- *AUTHORITY: sections 259.010, 259.020, and 259.030, RSMo Supp. 2015, and section 259.040, RSMo Supp. 2013. Original rule filed Oct. 11, 1966, effective Oct. 22, 1966.*

##### **10 CSR 50-1.020** General Procedures {#sec-10-csr-50-1.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-1.020}

PURPOSE: This rule provides for the general practice and procedure of the council and the application of rules promulgated by the council.

(1) All rules promulgated apply statewide unless otherwise specifically excepted by a written order of the council.

(2) The notice requirements in section 259.140, RSMo, apply to each hearing arising under Chapter 259, RSMo, and implementing regulations heard by the council or any agent appointed by the council.

(A) A copy of the notice of the hearing will be mailed by the council to each person who has filed for the purpose of receiving notice.

The notice will be mailed not less than ten (10) business days prior to the hearing date.

(B) The council also will provide notice to any person whose property interests may be affected by the outcome of the hearing.

(3) The council, after a hearing as provided by law, may order an operation to cease or wells to be plugged upon a finding that any provisions of the laws, rules, or conditions of the council or state geologist have been violated or that any fraud, deceit, or misrepresentation was made to obtain the approval of a permit. Appeals of any decision of the council may be made as provided by law.

(4) Information submitted pursuant to Chapter 259, RSMo, and implementing regulations shall use Missouri nomenclature.

(5) Confidentiality. Information gathered pursuant to Chapter 259, RSMo, and imple menti ng regulations is public record pursuant to the Missouri Sunshine law, Chapter 610, RSMo.

Confidentiality may be granted upon request, in accordance with section 640.155.1, RSMo.

Cancelled permits are not considered confidential.

(A) If a written request for confidentiality is made to the state geologist within one hundred twenty (120) days of the spud date or the date of commencement of recompletion of the well, all information, samples, or cores filed per 10 CSR 50-2.050 will be held in confidential custody for an initial period of one (1) year from the written request.

(B) All rights to confidentiality shall be lost if the filings are not timely, as provided in 10 CSR 50-2.050, or if the request for confidentiality is not timely, as provided in subsection (5)(A).

(C) Samples, cores, or information may be released before the expiration of the one- (1-) year period only upon written approval of the operator.

(D) If a request for an extension is made at least thirty (30) days before the expiration of the initial one- (1-) year period, the period of confidentiality may be extended for one (1) additional year.

rule filed Oct. 11, 1966, effective Oct. 21, 1966. Amended: Filed Sept. 12, 1973, effective Sept. 22, 1973. Amended: Filed Sept. 13, 1983, effective Dec. 11, 1983. Amended: Filed Sept. 15, 2015, effective March 30, 2016.

Amended: Filed June 27, 2018, effective Feb. 28, 2019. *Original authority: 259.070, RSMo 1965, amended 1972, 1983, 1987, 1993, 1995, 2012, 2015; 259.140, RSMo 1965; 259.190, RSMo 1965, amended 1983, 2015; and 259.200, RSMo 1965.

**History**
- *AUTHORITY: sections 259.070, 259.140, 259.190, and 259.200, RSMo 2016. Original*

##### **10 CSR 50-1.030** Definitions {#sec-10-csr-50-1.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-1.030}

PURPOSE: This rule provides the definitions for terms used in 10 CSR 50 that are not defined in section 259.050, RSMo.

(1) The terms used in 10 CSR 50 have the meanings set forth in section 259.050, RSMo, or this rule, unless the context of the term clearly indicates otherwise.

(A) Terms beginning with the letter A.

1. Abandoned site, any property or lease that is no longer operated as an active site for oil and gas production and injection projects.

2. Abandoned well, a well that is no longer operated for its intended use and has not been shut in, converted to another type of well, or plugged.

3. Area of review, an area surrounding an injection well(s) that extends a minimum of one-half (1/2) mile from the well(s) or from the unit boundary of an enhanced recovery project.

4. Area of review well, any well including, but not limited to, water wells, abandoned wells, plugged wells, and dry holes, located within the area of review, which penetrates the injection interval.

(B) Terms beginning with the letter B.

1. (Reserved)

(C) Terms beginning with the letter C.

1. Casing, the impervious, durable, tubular materials used to line a wellbore.

2. Casinghead gas, gas produced that was in solution with oil in its original state in the reservoir.

3. Cement, portland cement or a blend of portland cement.

4. Coalbed natural gas, natural gas produced from either coal seams or associated shale.

5. Commercial well, a well from which oil or gas is recovered and sold, traded, or otherwise used for profit.

6. Common source of supply, synonymous with “pool” as defined in Chapter 259, RSMo.

7. Confining strata, geologic stratum or strata that serve as a barrier between water-, oil-, or gas-bearing strata.

8. Core, a continuous section of geologic materials recovered during drilling.

9. Corrective action, remedial action on any well to prevent the migration of fluids from the surface or from one (1) stratum to another.

10. Correlative rights, the right of each owner or operator in a pool to obtain that owner’s or operator’s just and equitable share of the oil or gas resource, or an economic equivalent of that share of the resource, produced in a manner or amount that will not have any of the following effects:

A. Damage the reservoir;

B. Take an undue proportion of the obtainable oil or gas; or C. Cause undue drainage between developed leases.

11. Council, the State Oil and Gas Council established by section 259.010, RSMo.

(D) Terms beginning with the letter D.

1. (Reserved)

(E) Terms beginning with the letter E.

1. Enhanced recovery, any process used to increase the recovery of oil or gas from a pool through secondary or tertiary recovery.

Enhanced recovery includes, but is not limited to, water floods, pressure maintenance projects, cycling or recycling projects, steam floods, fire floods, carbon dioxide injection projects, high-density well drilling projects, and approved technologies that are either unconventional or in any way redirect the natural movement of oil or gas or formation water in the pool. Enhanced recovery typically involves the use of injection wells of some kind as part of a production unit.

2. Enhanced recovery injection well, an injection well used to move underground fluids to production wells through the use of water, steam, gas, or any other substance in order to redirect or facilitate the natural movement of oil, gas, or water in a pool.

3. Exempted aquifer, an aquifer or its portion that meets the criteria in the definition of Underground Source of Drinking Water set forth in paragraph (1)(U)1. of this

rule but which has been exempted for operation of an injection well.

(F) Terms beginning with the letter F.

1. Fluid, any material or substance which flows or moves whether in a semisolid, liquid, sludge, or gaseous state.

2. Formation water, water that occurs naturally within the pores of a geologic formation or stratum.

(G) Terms beginning with the letter G.

1. (Reserved)

(H) Terms beginning with the letter H.

1. Horizontal well, a well drilled at an angle to the vertical, typically parallel to the geologic strata containing oil or gas.

(I) Terms beginning with the letter I.

1. Increased well density, the drilling of an additional primary production well in a spacing unit.

2. Injection, emplacement of fluids into the subsurface through a well.

3. Injection well, a well into which fluids are injected during all or part of the life of the well for disposal or enhanced recovery projects or for underground storage of gas that is liquid at standard temperature and pressure, but not including oil- or gas-producing wells undergoing approved well stimulation treatment.

4. Injection zone, a geological stratum, group of strata, or part of a stratum that receives fluids through a well.

(J) Terms beginning with the letter J.

1. (Reserved)

(K) Terms beginning with the letter K.

1. (Reserved)

(L) Terms beginning with the letter L.

1. Location exception, authorization given by the state geologist to drill a well at a location other than that which is prescribed by these regulations.

(M) Terms beginning with the letter M.

1. Mechanical integrity, a well has mechanical integrity if there is no significant leakage in the casing, tubing, or packer; and there is no significant fluid movement into an underground source of drinking water through vertical channels adjacent to the wellbore.

2. Missouri nomenclature, Missourispecific geologic terminology as provided by the state geologist including, but not limited to, names of geologic strata, pools, and geologic features.

3. Multiple completion, the completion of any well that permits production from two (2) or more pools that are completely segregated by confining strata.

(N) Terms beginning with the letter N.

1. (Reserved)

(O) Terms beginning with the letter O.

1. Observation well, a well that is used to monitor the operational integrity and conditions of oil, gas, and storage operations, including physical or chemical parameters of a reservoir or geologic formation or strata, and is not used currently as a production, injection, disposal, or water well.

2. Oil and Gas Remedial Fund, the fund established by section 259.190.5, RSMo into which forfeited bond monies and proceeds from the sale of illegal oil, illegal gas, and illegal product are deposited, which is to be used for plugging abandoned wells as provided for in 10 CSR 50-2.060(3)(F).

3. Oil and Gas Resources Fund, the fund established by section 259.052, RSMo, into which all gifts, donations, transfers, moneys appropriated by the General Assembly, permit application fees, operating fees, closure fees, late fees, severance fees, and bequests are deposited, which is to be used to administer the provisions of Chapter 259, RSMo, and implementing regulations, and to collect, process, manage, interpret, and distribute geologic and hydrologic resource information pertaining to oil and gas potential.

4. Open well, a well that has not been plugged including, but not limited to, abandoned, operating, or shut-in wells.

5. Operator, a person who drills, maintains, operates, or controls wells associated with oil or gas production, storage, or injection projects.

(P) Terms beginning with the letter P.

1. Person, any individual, partnership, co-partnership, firm, company, public or private corporation, association, joint stock company, trust, estate, governmental or political subdivision, or any other legal entity.

2. Plugged well, a well that has been filled or partially filled with cement or other materials to prevent the migration of fluids within the well.

3. Pooling, the contractual agreement of those holding the rights to mineral interests within a single spacing unit for primary production, whether that agreement is voluntary or by order of the council, to produce oil or gas or both from that unit.

4. Primary production, the process of recovery of oil or gas from a pool in which one (1) well is capable of efficiently draining the pool or portion thereof that resides within the confines of the spacing unit and the drainage of oil, gas, or formation water into the well occurs naturally.

5. Private domestic consumption, gas used from an on-site well(s) for the sole purpose of providing gas for a private dwelling or business and not for resale or trade.

6. Produced water, formation water that is associated with the production of oil or gas and either requires disposal or is used as part of an enhanced recovery project.

7. Production unit, an uninterrupted block of acreage of any size and any shape that has a definite outer boundary and in which wells may be drilled for enhanced recovery. The acreage that composes a production unit may include default spacing units, acreage for which spacing units have or have not been explicitly ordered by the state geologist or council, pooled or non-pooled mineral acreage, and all or parts of past and present production units.

8. Production well, any well used for recovery of oil or gas or both.

(Q) Terms beginning with the letter Q.

1. (Reserved)

(R) Terms beginning with the letter R.

1. Recompletion, the process of reworking or repairing a well after its initial well completion.

2. Reference well, a well used to collect data to establish a maximum injection pressure as approved by the state geologist.

(S) Terms beginning with the letter S.

1. Seismic shot hole, a hole drilled for the purpose of generating a seismic signal to be used in the exploration or development of oil or gas or both.

2. Shut-in well, any well that has not been operated for ninety (90) calendar days or more.

3. Spacing Unit, an arbitrary block of acreage of specified size and shape for a single pool that is based on the U.S. Public Land Survey System in which only one (1) production well may be drilled for primary production that is no closer than a specified minimum distance from the unit boundary.

4. Special project, research and development of a new process or technology that increases the amount of oil or gas recoverable from a pool or improves oil or gas operations.

4CODE OF STATE REGULATIONS

(1/29/19) JOHNR. ASHCROFT

5. Spill or release, any threatened or real emission, discharge, spillage, leakage, pumping, pouring, emptying, or dumping of a substance into or onto the land, air, or waters of the state, unless done in compliance with the conditions of a federal or state permit, unless the substance is confined and is expected to stay confined to property owned, leased, or otherwise controlled by the person having control over the substance.

6. Spud date, the date of first penetration of the earth with a drilling bit.

7. Storage well, a well used to inject or extract natural gas or other gaseous hydrocarbons for storage purposes.

8. Stratum or strata, a layer or layers of rock composed of substantially the same lithology that is distinctive visually from other layers above and below; often a lithologic unit.

9. Stratigraphic test well, a well drilled to obtain information on the thickness, lithology, sequence, porosity, permeability, or any other properties of rock, or to locate the position of a geologic horizon in the evaluation of potentially productive oil or gas strata and is not utilized for generating a seismic signal.

(T) Terms beginning with the letter T.

1. (Reserved)

(U) Terms beginning with the letter U.

1. Underground source of drinking water, an aquifer or any portion thereof that— A. Supplies any private well or public water supply system; or B. Contains a sufficient quantity of groundwater to supply a private well or public water system; and (I) Currently supplies drinking water for human consumption; or (II) Contains less than ten thousand (10,000) mg/L total dissolved solids; and C. Is not an exempted aquifer.

2. Unitization, the contractual agreement of mineral interests owners to form a production unit through a voluntary process or order of the council, to produce oil or gas from that production unit and to designate the operator of the unit.

(V) Terms beginning with the letter V.

1. (Reserved)

(W) Terms beginning with the letter W.

1. Waters of the state, has the same meaning as defined in the Missouri Clean Water Law, section 644.016, RSMo.

2. Well, has the meaning as defined in

section 259.050(16). Wells drilled for the production of water are regulated by the Water Well Drillers’ Act, Chapter 256, RSMo, and the implementing Missouri Well Construction rules, 10 CSR 23. A well includes, but is not limited to, the following:

A. Disposal well;

B. Enhanced recovery injection well;

C. Horizontal well;

D. Injection well;

E. Observation well;

F. Production well;

G. Seismic shot hole;

H. Storage well; or I. Stratigraphic test well.

3. Well stimulation treatment, a treatment of a well designed to enhance oil and gas production or recovery by increasing the secondary permeability of the geologic strata.

Well stimulation is a short-term and non-continual process for the purposes of opening and stimulating channels for the flow of oil or gas or both. Examples of well stimulation treatments include hydraulic fracturing, acid fracturing, and acid matrix stimulation. Well stimulation treatment does not include routine well cleanout work; routine well maintenance; routine treatment for the purpose of removal of geologic strata damage due to drilling; bottom hole pressure surveys; routine activities that do not affect the integrity of the well or the geologic strata; the removal of scale or precipitate from the perforations, casing, or tubing; or a treatment that does not penetrate into the geologic strata more than thirty-six (36) inches from the wellbore.

4. Whipstock, a long wedge-shaped steel device or casing that uses an inclined plane to cause the bit to deflect from the original borehole at a slight angle, sometimes used in an oil or gas well to control directional drilling, to straighten crooked boreholes, or to sidetrack to avoid unretrieved items left in a well.

(X) Terms beginning with the letter X.

1. (Reserved)

(Y) Terms beginning with the letter Y.

1. (Reserved)

(Z) Terms beginning with the letter Z.

1. (Reserved)

(2) All other words used in this rule have their usual customary and accepted meaning, and all words of a technical nature, or specific to the oil and gas industry, will be given that meaning which is generally accepted in the oil and gas industry.

Amended: Filed May 18, 1987, effective July 24, 1987. Amended: Filed Sept. 15, 2015, effective March 30, 2016. Amended: Filed June 27, 2018, effective Feb. 28, 2019. *Original authority: 259.050, RSMo 1965, amended 1972, 1987, 2015; 259.070, RSMo 1965, amended 1972, 1983, 1987, 1993, 1995, 2012, 2015; 259.140, RSMo 1965; and 259.190, RSMo 1965, amended 1983, 2015.

**History**
- *AUTHORITY: sections 259.050, 259.070, 259.140, and 259.190, RSMo 2016. Original rule filed Oct. 11, 1966, effective Oct. 22, 1966. Amended: Filed Sept. 12, 1973, effective Sept. 22, 1973. Amended: Filed Oct. 14, 1981, effective Feb. 11, 1982. Amended: Filed Sept. 13, 1983, effective Dec. 11, 1983.*

##### **10 CSR 50-1.040** Enforcement Action and Appeal Procedures {#sec-10-csr-50-1.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-1.040}

PURPOSE: This rule outlines the procedures the state geologist and council will take when an alleged violation has occurred or when an operator is affected by an adverse action.

(1) The state geologist shall cause investigations to be made upon the request of the council or upon receipt of information concerning alleged violations of Chapter 259, RSMo, and implementing regulations or any standard, limitation, or order pursuant thereto, or any term or condition of any permit, and may cause to be made any other investigations consistent with the purposes of Chapter 259, RSMo.

(2) If, in the opinion of the state geologist, an investigation discloses that a violation of

Chapter 259, RSMo, or implementing regulations does exist, the state geologist may issue an order as provided in section 259.070, RSMo, requiring the remediation or abatement of the specified condition(s). The order shall be served by registered mail, return receipt requested. The order shall specify the violations of Chapter 259, RSMo, or implementing regulations or any standard, limitation, or order pursuant thereto, or any term or condition of any permit violated.

(3) Any person adversely affected by an order or denial of a permit, license, or transfer issued by the state geologist may appeal the order or denial of a permit, license, or transfer to the council within thirty (30) calendar days of the date the state geologist issued the order or denial. The appeal must be sent by registered or certified mail to the chairperson of the council. The council shall treat the appeal as a contested case consistent with

Chapter 259 and Chapter 536, RSMo. The council may conduct any hearing it requires to decide the appeal, or may appoint a hearing officer to make a recommended decision.

If the council elects to appoint a hearing officer, the hearing officer must be a licensed attorney and a member in good standing of the Missouri Bar. The council may sustain, reverse, or modify the state geologist’s order or denial of a permit, license, or transfer or may make such other orders as it deems appropriate under the circumstances, subject to rights of judicial review as provided in section 259.170, RSMo. If any order or denial of a permit, license, or transfer issued by the state geologist is not appealed within the time provided in this section, the order or denial of a permit, license, or transfer becomes final and may be enforced as provided in sections 259.200 and/or 259.210, RSMo.

**History**
- *AUTHORITY: sections 259.140, 259.150, 259.160, 259.170, and 259.200, RSMo 2000, and section 259.070, RSMo Supp. 2015. Original rule filed Sept. 15, 2015, effective March 30, 2016. Original authority: 259.070, RSMo 1965, amended 1972, 1983, 1987, 1993, 1995, 2012, 2015; 259.140, RSMo 1965; 259.150, RSMo 1965; 259.160, RSMo 1965; 259.170, RSMo 1965; and 259.200, RSMo 1965.*

##### **10 CSR 50-1.050** Assessment of Costs {#sec-10-csr-50-1.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-1.050}

PURPOSE: This rule establishes a fee structure for activities conducted under 10 CSR 50.

(1) Beginning January 1, 2017, the following fees shall be assessed and deposited in the Oil and Gas Resources Fund:

(A) A fee of two hundred fifty dollars ($250) paid upon the submittal of an initial or renewal application for an operator license; except as provided in subsection (B);

(B) A fee of fifty dollars ($50) paid upon submittal of an initial or renewal application for an operator license by an applicant who solely operates a non-commercial gas well;

(C) A fee of one hundred dollars ($100) paid upon submittal of an application for a permit to drill, deepen, plug-back, or recomplete as follows:

1. Any new application for permit to drill, deepen, plug-back, or recomplete any well;

2. Any application for modification to the permit to drill, deepen, plug-back, or recomplete; or 3. Blanket requests to drill, deepen, plug-back, or recomplete wells proposed to depths no greater than one thousand five hundred feet (1500');

(D) A fee of one hundred dollars ($100) paid upon submittal of an application for a permit to inject as follows:

1. Any new application for a permit to inject in any well; or 2. Any application for modification to the initial injection well permit including, but not limited to, an increase in the maximum injection pressure and/or the maximum injection rate;

3. No fee will be assessed for a modification to an injection permit as specified in 10 CSR 50-2.055(5)(B);

(E) A fee of twenty-five dollars ($25) paid upon submittal of an application for extension of the shut-in status of a well;

(F) A fee of fifty dollars ($50) paid upon submittal of a plugging record for each well plugged;

(G) A fee of sixty cents ($0.60) on each barrel of oil sold or marketed each month assessed to each operator. The fee and assessment apply only to the first purchase of oil from the operator and will be collected and submitted by the first purchaser of oil;

(H) A fee of seven and one-tenth cents ($0.071) on each one thousand (1,000) cubic feet of gas sold or marketed each month assessed to each operator. The charge and assessment apply only to the first purchase of gas from the operator and will be collected and submitted by the first purchaser of gas;

(I) A late fee of no more than one hundred dollars ($100) per month assessed against the responsible party each month until the form or report has been submitted. In no case, however, will a late fee exceed one thousand two hundred dollars ($1,200) per violation for each well.

(2) Fee nonrefundable. Once paid, each fee is nonrefundable.

Filed June 27, 2018, effective Feb. 28, 2019. *Original authority: 259.052, RSMo 2015 and 259.080, RSMo 1965, amended 1972, 2015.

6CODE OF STATE REGULATIONS

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**History**
- *AUTHORITY: sections 259.052 and 259.080, RSMo 2016. Original rule filed Sept. 15, 2015, effective March 30, 2016. Amended:*

### **Chapter 2** Oil and Gas Drilling and Production

##### **10 CSR 50-2.010** Operator License {#sec-10-csr-50-2.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-2.010}

PURPOSE: This rule provides for the filing of information that identifies those responsible for oil and gas exploration, production, or related industry activities regulated by the council. The operator license is necessary in order to properly process bonding, well permitting, producing, plugging, and other council regulated activities and to make sure that the person making application is, in fact, authorized to represent a person, firm, or corporation.

(1) No person shall engage in oil or gas operations pursuant to Chapter 259, RSMo, and implementing regulations without first obtaining or renewing an operator license from the department, even if the well or storage facility is shut in or idle.

(2) Application for an operator license.

(A) An application for an operator license shall be completed in full on a form provided by the department and submitted, along with the applicable fee pursuant to 10 CSR 50- 1.050, to the state geologist for approval.

(B) The state geologist will review the application for operator license and, within fifteen (15) business days, determine if the application is in proper form and if the implementing regulations are met. If the notify the applicant and suspend the applicamation, or fee is submitted by the applicant (15) business day review period will begin anew. If the state geologist has not received notification of the applicant, the application will be considered null and void and the applicant must reapply by submitting a new application for an operator license along with the associated fee.

1. If the state geologist finds that the will issue the operator license.

2. If the state geologist determines either that the application is not in proper form, that the applicant failed to submit the applicable fees, or that Chapter 259, RSMo, and implementing regulations are not being met, the application will be denied.

3. If the state geologist determines that the applicant is in violation of any provision of Chapter 259, RSMo, or implementing regulations, the state geologist may deny the application.

4. If the state geologist has not taken action by the prescribed fifteen (15) business day review period, the application shall be considered denied.

(3) License Renewal.

(A) An operator license issued pursuant to this section expires on January 1 of the year immediately following issuance of the license. An operator may apply to renew the operator’s license by submitting an application to the state geologist for approval. This application shall be completed in full and submitted on a form provided by the department, along with the fee pursuant to 10 CSR 50-1.050, on or before January 1 each year.

(B) A late fee pursuant to 10 CSR 50- 1.050 will be assessed if the renewal is submitted after the expiration date.

(C) If the state geologist determines that the licensee is in violation of any provision of lations, the state geologist may deny the operator license renewal.

(4) Suspension or revocation of operator license.

(A) The state geologist may issue an order to suspend or revoke an operator license if the state geologist determines that the licensee has violated any provision of lations.

(B) The order of suspension or revocation shall state the reason(s) for suspension or revocation, the effective date of the suspension or revocation, and the conditions under which the suspension or revocation would be rescinded. The order will be sent registered or certified mail to the licensee’s last known address. The licensee may appeal the suspension or revocation as provided in 10 CSR 50- 1.040(3).

(5) After any change occurs as to facts stated in the application as submitted and filed, except change of ownership, a supplementary application shall be filed with the state geologist with respect to the change within thirty (30) calendar days after the effective date of change.

(6)

Any open well shall not be transferred from one (1) operator to another operator without approval of the state geologist. No less than thirty (30) calendar days prior to the planned transfer, an operator (transferor) shall submit to the state geologist, on a form provided by the department, a request to transfer any open well(s). Any such request may be denied if the state geologist determines that the submitted information is incomplete.

(A) The state geologist will review the completed transfer request and, within fifteen (15) business days, approve or deny the request based upon the following requirements:

1. The transfer of the well(s) is agreed upon by both the transferor and by the transferee;

2. The transferee holds a current operator license issued by the state geologist;

3. The transferee has bonding pursuant to 10 CSR 50-2.020 in place;

4. A list of American Petroleum Institute (API) numbers for all open wells on the lease, spacing unit, production unit, or gas storage facility submitted with the request to transfer; and 5. The transferor may be required by the state geologist to conduct a mechanical integrity test as a condition of the transfer.

(B) If the request to transfer is incomplete, the state geologist will notify the operator and suspend the review process. When all necessary information is received by the state geologist, the fifteen (15) business day review period will begin anew. If the state geologist has not received the necessary information within thirty (30) days after notification of the operator, the request will be considered null and void and the operator must submit a new transfer request.

(C) If the state geologist has not taken action by the prescribed fifteen (15) business day review period, the transfer shall be considered denied.

Oct. 21, 1966. Amended: Filed Sept. 12, Filed Sept. 10, 1979, effective Feb. 1, 1980.

##### **10 CSR 50-2.020** Bonds {#sec-10-csr-50-2.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-2.020}

PURPOSE:

Bonding is necessary before an operator commences oil or gas drilling or operations to insure compliance with the provisions of Chapter 259, RSMo, and the rules of the council, specifically with reference to the proper plugging for abandonment of a well(s).

(1) Prior to commencement of drilling or other operations, the operator commencing such drilling or operations shall make, or cause to be made, for each well a good and sufficient bond that— (A) Is secured by an approved financial assurance instrument payable to the state of Missouri, conditioned upon the performance of the duty to comply with all of the laws of the state and the rules and orders of the council;

(B) Is submitted on a form provided by the department and approved by the state geologist; and (C) Remains in full force and effect until a letter of release is issued by the state geologist or the bond is forfeited as provided in

section (6) below.

(2) Bond Amounts. Bond amounts, as determined by the council, shall be no less than the following amounts:

MINIMUM SINGLE WELL BOND

Depth of Well FromToAmount 0'500'$1,100 501'1000'$2,200 1001'2000'$3,300 2001'5000'$4,400 5001'_____$5,500 plus $2/ foot beyond 5001 feet Bonds for horizontal wells shall be based on the total measured length of the wellbore from the surface to the depth of the deepest producing horizon.

MINIMUM BLANKET WELL BOND

Depth of Well Number of Open FromTo Amount Wells/bond 0'800' $22,000 40 wells 801'1500' $25,000 10 wells Wells greater than one thousand five hundred feet (1500') in depth must be bonded individually by a single well bond.

(A) A blanket bond amount may be increased by the single well bond amount (which varies depending on the depth of the well—see Minimum Single Well Bond table) for every unplugged well in excess of the maximum allowable unplugged wells per blanket bond as shown in the Minimum Blanket Well Bond table.

(B) Operators of all wells permitted prior to March 30, 2016, shall maintain existing bonding amounts for such wells until they are transferred pursuant to 10 CSR 50-2.010(6), deepened, plugged-back, or recompleted pursuant to 10 CSR 50-2.030, or plugged pursuant to 10 CSR 50-2.060(3).

(C) Operators of all wells permitted or transferred on or after March 30, 2016, shall comply with bonding amounts stipulated in the Minimum Single Well Bond table or the Minimum Blanket Well Bond table prior to permit issuance or transfer approval.

(3) Financial assurance instruments. The state geologist may accept as financial assurance instruments surety bonds, certificates of deposit, and irrevocable letters of credit.

(A) Surety bonds shall be subject to the following conditions:

1. Only irrevocable surety bonds shall be accepted. No bond of a surety company shall be cancelled for any reason whatsoever, including, but not limited to, nonpayment of premium, bankruptcy, or insolvency of the operator or issuance of notices of violations or cessation orders and assessment of penalties with respect to the operations covered by the bond, except that surety bond coverage for wells not drilled may be cancelled if the surety provides written notification and the state geologist is in agreement. The state geologist shall advise the surety, within thirty (30) days after receipt of a notice to cancel bond, whether the bond may be cancelled;

2. The surety shall be licensed to conduct a surety business in Missouri; and 3. Both the surety and the operator shall be primarily liable for completion of any remedial actions, including, but not limited to, well plugging, with the surety’s liability being limited to the amount of the bond.

(B) Certificates of deposit shall be subject to the following conditions:

1. The certificate(s) shall be in the amount of the bond or in an amount greater than the bond and shall be made payable to or assigned to the state of Missouri, both in writing and upon the records of the institution issuing the certificates, and shall be automatically renewable at the end of the term of the certificate. If assigned, institutions issuing the certificate(s) waive all rights of set off or liens against the certificate(s);

2. No single certificate of deposit shall exceed the sum of two hundred fifty thousand dollars ($250,000) nor shall any permittee submit certificates of deposit aggregating more than two hundred fifty thousand dollars ($250,000) or the maximum insurable amount as determined by the Federal Deposit Insurance Corporation from a single institution. The institution issuing the certificate of deposit must be insured by the Federal Deposit Insurance Corporation (FDIC);

3. Any interest on the certificates of deposit shall be made payable to the operator;

4. The certificate of deposit shall be kept until the bond is released by the state geologist.

(C) Letters of credit shall be subject to the following conditions:

1. The letter of credit shall be no less than the face amount of the bond and shall be irrevocable. A letter of credit used as security shall be forfeited and collected by the state geologist if not replaced by other suitable bond or letter of credit at least thirty (30) days before its expiration date;

2. The beneficiary of the letter of credit shall be the state of Missouri;

3. The letter of credit shall be issued by a bank authorized to do business in the United States. If the issuing bank is located in another state, a bank located in Missouri must confirm the letter of credit. Confirmations shall be irrevocable and on a form provided by the department;

4. The letter of credit shall be governed by Missouri law. The Uniform Customs and Practice for Documentary Credits, fixed by the International Chamber of Commerce, shall not apply;

5. The letter of credit shall provide that the state geologist may draw upon the credit by making a demand for payment, accompanied by his/her statement that the operator’s bond has been declared forfeited; and 6. The issuer of a letter of credit or confirmation shall warrant that the issuance will not constitute a violation of any statute or

regulation which limits the amount of loans or other credits which can be extended to any single borrower or customer or which limits the aggregate amount of liabilities which the issuer may incur at any one (1) time from issuance of letters of credit and acceptances.

(D) Notification Requirements.

1. In the event the surety company becomes unable to fulfill its obligation under the bond for any reason, notice shall be given immediately to the operator and the state geologist.

2. The surety company or financial institution issuing the financial assurance instrument for bonding purposes shall give prompt notice to the state geologist and the operator of any change in name or address of 4CODE OF STATE REGULATIONS the institution, or any insolvency or bankruptcy of the institution or any notice received or action filed alleging the insolvency or bankruptcy of the institution or alleging any violations of regulatory requirements which could result in suspension or revocation of the institution’s license to do business.

3. The financial assurance instrument shall provide a mechanism for a surety company or financial institution to give notice per paragraph 2. above.

4. Upon the incapacity of any surety company or financial institution by reason of insolvency or bankruptcy, or suspension or revocation of its charter or license, the operator shall be deemed to be without bond coverage in violation of section (1). The state geologist, upon notification of the institution’s bankruptcy or insolvency, or suspension or revocation of its charter or license, shall issue a notice of violation against any operator who is without bond coverage. The notice shall specify a thirty- (30-) day period to replace bond coverage. If the financial assurance instrument is not replaced in thirty (30) days, an order shall be issued by the state geologist requiring immediate cessation of operations. Operations shall not resume until the state geologist has determined that an acceptable bond secured by an approved financial assurance instrument has been posted.

(4) Replacement of bonds. Operators may replace existing surety or personal bonds with other surety or personal bonds. Existing bonds will not be released until the operator has submitted and the state geologist has approved acceptable replacement bonds.

(5) Bond Release. Application for release of a bond, and any instruments securing the bond, shall be made by written notice to the state geologist who will issue the letter of release after plugging of the well, or after a new bond, and any instruments securing the bond, is filed by a successor and an appropriate well transfer form is submitted pursuant to 10 CSR 50-2.010(6), and if the implementing regulations have been met.

(6) Bond Forfeiture.

(A) If an operator fails to comply with an order of the state geologist, the state geologist shall issue an order declaring all applicable bonds to be forfeited.

(B) If a well is abandoned, plugged, or determined to have not been drilled, and the operator does not respond within six (6) months to reasonable attempts by the state geologist to contact that operator via information provided, the state geologist shall issue an order declaring the applicable bond forfeited.

(C) If the state geologist determines that the surety or issuer of a letter of credit or certificate of deposit desires to, and is capable of, completing remedial actions, including, but not limited to, well plugging, the state geologist, under additional terms and conditions as deemed necessary by the state geologist, may enter into an agreement with the surety or issuer of a letter of credit or certificate of deposit on a set schedule of compliance in lieu of collection of the forfeited bond. The remedial actions shall be in accordance with a compliance schedule that meets the conditions of the state geologist. The performer of remedial actions shall also demonstrate that they have the ability to satisfy the conditions. If the surety or issuer of a letter of credit or certificate of deposit fails to complete the remedial actions according to the schedule of compliance, the state geologist shall take action to collect the forfeited bond and any instruments securing the bond.

(D) The entry of an order declaring a bond forfeited shall automatically authorize the state geologist, with the assistance of the attorney general, if necessary, to take whatever actions are necessary to collect the forfeited bond and any instruments securing the bond.

Oct. 21, 1966. Amended: Filed Sept. 12, Filed Sept. 10, 1979, effective Feb. 1, 1980.

Amended: Filed Sept. 13, 1983, effective Dec. 11, 1983. Amended: Filed May 18, 1987, effective July 24, 1987. Amended:

Filed Dec. 20, 1988, effective May 25, 1989.

##### **10 CSR 50-2.030** Application for Permit to Drill, Deepen, Plug-Back, or Recomplete {#sec-10-csr-50-2.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-2.030}

PURPOSE: This rule provides for information needed for the permitting of drilling of new wells or reworking existing wells and establishes procedures for the determination of their locations (distances from unit lines, other producing wells, etc.), according to classifications of the well(s). It also establishes procedures to be followed by the state geologist in issuing or denying permits.

(1) Prior to commencement of operations, application for a permit to drill, deepen, plugback, or recomplete any well shall be submitted to and approved by the state geologist.

(2) The application for a permit to drill, deepen, plug-back, or recomplete shall be completed in full and submitted on a form provided by the department along with the applicable fee pursuant to 10 CSR 50-1.050.

(3) Well location.

(A) All applications shall include an accurate well location map showing the following:

1. Approximate location of the well within the section or quarter section;

2. Approximate distance to the nearest existing or proposed well;

3. Approximate distance to the nearest perceived spacing unit line or production unit line;

4. Names and addresses of the owners of the property on which the well is located;

5. A north arrow and a scale; and 6. For a horizontal well, the proposed location of the wellbore’s path and terminus.

(B) The proposed well location shall be provided using latitude and longitude based on the North American Datum of 1983 (NAD 83) and expressed in the decimal form to the fifth place. Any well that is found to not meet the minimum location requirements upon completion may be ordered to be plugged by the state geologist.

(C) A drilling location may be moved up to fifty feet (50') from the approved location, if the new location does not violate spacing or setback requirements, without filing a revised permit application. Such changed location shall be noted on the well completion report.

(4) Seismic shot holes. Seismic operations shall not initiate new fractures or propagate existing fractures in the confining strata of underground sources of drinking water.

(5) Blanket permits to drill, deepen, plugback, or recomplete.

(A) An operator engaged in drilling wells to depths no greater than one thousand five hundred feet (1500') may request that the state geologist approve prospective well locations on a blanket basis. The applicable fee pursuant to 10 CSR 50-1.050(1)(C)3. shall be submitted with the request. Bonding must be in place for all proposed wells in the blanket request. The request shall be accompanied by a plat of the entire production unit that— 1. Indicates the unit boundaries, the location of, and identifying by number, all wells which have been drilled or are pro posed;

2. Uses appropriate symbols to distinguish between them; and 3. Conforms to the requirements specified in section (3) of this rule.

(B) In the event the state geologist approves the blanket requests, the approved locations may be drilled in the operator’s order of preference. Locations of stratigraphic test wells may be moved within the established production unit at the operator’s discretion. A permit application and applicable fee pursuant to 10 CSR 50-1.050(1)(C)1. for each well commenced shall be sent to the state geologist within twenty-four (24) hours, or the next business day, after the commencement of drilling of each well.

(6) Upon application for a permit to drill, deepen, plug-back, or recomplete, the state geologist will review the application and, within fifteen (15) business days, determine if the application is in proper form and if the implementing regulations are met. If the notify the operator and suspend the applicamation, or fee is submitted by the operator (15) business day review period will begin anew. If the state geologist has not received notification of the operator, the application will be considered null and void and the operator must reapply by submitting a new application for a permit to drill, deepen, plugback, or recomplete, along with the associated fee.

(A) If the state geologist finds that the will issue the permit.

(B) If the state geologist determines either that the application is not in proper form, that the operator failed to submit the applicable fees, or that Chapter 259, RSMo, and implementing regulations are not being met, the permit will be denied.

(C) If the state geologist finds that the drilling of a well at the proposed site would be an undue risk to the surface or subsurface environment, the state geologist shall deny the permit.

(D) If the state geologist determines that the operator is in violation of any provision of lations, the state geologist may deny the permit.

(7) Permits for drilling wells are not in any way transferable; however, any open well or the authority to inject for existing wells may be transferred to another operator according to 10 CSR 50-2.010(6).

(8) Permits to drill, deepen, plug-back, or recomplete a single well are valid for one (1) calendar year after date of approval. If the operator opts not to drill the well, a notice to cancel well permit application shall be submitted to the state geologist no later than thirty (30) calendar days following the end of the one- (1-) year permitted period.

(9)

Prior to any change or modification of a permit, or any change in the operation of a well subject to these regulations, the operator shall notify the state geologist, identifying the well name, location, the proposed change, and a full explanation of the nature of the change. An appropriately revised permit application or application for permit for well recompletion along with the applicable fee pursuant to 10 CSR 50-1.050 shall be submitted to the state geologist for approval, except as provided in subsection (3)(C). No modification or change in operation may begin until the state geologist has reviewed and approved the revised application. The state geologist will review and respond to the notification within fifteen (15) business days.

The review period will be suspended if additional information is necessary to effectively review the application. When the missing form or information is submitted by the operator and received by the state geologist, the fifteen (15) business day review period will begin anew.

(10) The well name and number entered on the permit application will be permanently assigned to the well and no changes will be approved to this information in the event of well or mineral interest transfers. 259.080, and 259.140, RSMo 2016.* Oct. 21, 1966. Amended: Filed Sept. 12, Filed Dec. 12, 1975, effective Dec. 22, 1975.

Amended: Filed Sept. 12, 1978, effective Feb. 1, 1979. Amended: Filed Oct. 14, 1981, effective Feb. 11, 1982. Amended: Filed Dec. 15, 1986, effective April 11, 1987. Amended:

Filed Sept. 15, 2006, effective April 30, 2007. Amended: Filed Sept. 15, 2015, effective March 30, 2016. Amended: Filed June 27, 2018, effective Feb. 28, 2019. *Original authority: 259.060, RSMo 1965, amended 1972; 259.070, RSMo 1965, amended 1972, 1983, 1987, 1993, 1995, 2012, 2015; 259.080, RSMo 1965, amended 1972, 2015; and 259.140, RSMo 1965.

##### **10 CSR 50-2.040** Drilling and Completion {#sec-10-csr-50-2.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-2.040}

PURPOSE:

One of the important functions of the council is to prevent the contamination of the waters of the state. In Missouri, an underground source of drinking water may occur either above or below an oil and gas reservoir.

This groundwater is commonly the only source of water for irrigation and animal and human consumption. This rule provides procedures for protecting all waters of the state and to create acceptable safety standards for wells and surface installations . Plugging of wells when they are abandoned is consistent with a statewide effort to prevent contamination of waters of the state and additionally is important in areas proven to be productive using enhanced recovery methods.

(1) During the drilling of any well, surface casing shall be set as follows, except as otherwise required or approved by the state geologist as indicated on the approved permit to drill, deepen, plug-back, or recomplete:

(A) Through all unconsolidated material plus twenty feet (20') into the underlying competent bedrock; or (B) In areas where underground sources of drinking water are present above the production or injection zone(s), at a point at least fifty feet (50') below the base of the deepest known underground source of drinking water penetrated.

(2) All casing materials shall be steel or other material of equal or greater strength approved by the state geologist and able to withstand collapse and burst pressures that the well might encounter.

(3) All wells drilled shall be completed with tubing, packer, and a string(s) of casing which are properly cemented at sufficient depths to protect all water, oil, or gas bearing strata and prevents their contents from passing into other strata. For wells drilled to producing strata at a depth of no greater than one thousand five hundred feet (1500'), an operator may set a single casing string with no tubing or packer, if the well is cemented from the bottom of the casing to the surface to seal off and protect any underground source of drinking water. The state geologist may approve other methods of cementing casing in a well.

6CODE OF STATE REGULATIONS

(4) Cement shall, except as otherwise modified or approved by the state geologist— (A) Be used in setting all casing or sealing off producing strata, underground porosity gas storage strata, or underground sources of drinking water;

(B) Be installed from the bottom to the top of the casing in one (1) continuous operation using pressure grouting techniques;

(C) Be placed in a minimum one inch (1") annulus between strings of casing or the casing and borehole;

(D) Be maintained at surface level; and (E) Be in place for at least eight (8) hours and reach a compressive strength of three hundred (300) pounds per square inch before the bottom plug is drilled or before tests are initiated, and before further operations begin.

(5) Multiple-completed wells. Operators may produce from more than one (1) pool through the same wellbore if separation of each pool is maintained and after application to, and approval by, the state geologist. Multiplecompleted injection and production wells may be permitted if, in addition to the requirements above, all of the following conditions are met:

(A) Any offsetting production will not be adversely affected;

(B) Underground sources of drinking water will not be endangered;

(C) The well is continuously cemented across the injection and producing intervals;

(D) The well demonstrates mechanical integrity.

(6) The state geologist may require specific casing and cementing requirements for injection wells based on the following:

(A) The depth of the underground source(s) of drinking water;

(B) The nature of the injected fluids; or (C) The hydraulic relationship between the injection zone and the underground source(s) of drinking water.

(7) Each operator of a permitted injection well shall comply with the following requirements:

(A) Equip the wellhead with a pressure observation valve and maintain equipment necessary to obtain injection pressure measurements upon inspection by an authorized representative(s) of the state geologist. For injection wells completed prior to March 30, 2016, add the pressure observation valve prior to testing for mechanical integrity, or upon request of the state geologist;

(B) Tubing and packer requirements.

1. Each well permitted shall meet one (1) of the following requirements:

A. Equip the well to inject through tubing below a packer;

B. Set a packer run on the tubing in casing opposite a cemented interval at a point immediately above the uppermost perforation or openhole interval. Fill the annulus between the tubing and the casing with a corrosion-inhibiting fluid or hydrocarbon liquid.

All wells using wellhead pressure to inject fluids must follow the tubing and packer requirements set in this subparagraph; or C. Construct a packerless or tubingless completion for injection wells drilled to no greater than one thousand five hundred feet (1500') pursuant to paragraph (7)(B)2. or 3. of this regulation.

2. Injection through tubing without a packer is authorized if all of the following requirements are met:

A. Run the tubing to a depth not shallower than forty feet (40') above the uppermost perforation or open hole of the injection interval;

B. Equip each wellhead with a pressure observation valve on the tubing and the tubing-casing annulus; and C. Maintain the well so that the mechanical integrity tests can be performed as specified in 10 CSR 50-2.055(12).

3. Injection without tubing is authorized if all of the following requirements are continuously met during the life of the well:

A. The casing is cemented continuously from setting depth to surface;

B. Surface wellhead injection pressure is recorded monthly and kept by the operator for five (5) years;

C. All pressure readings recorded are taken during actual injection operations; and D. The operator of the tubingless completion maintains the well so that the mechanical integrity tests can be performed as specified in 10 CSR 50-2.055(12).

(8) In existing wells to be converted to other use, including but not limited to injection, all additional casing or recompletion shall be constructed as specified in sections (1) through (7).

(9) All points at which a well is in physical contact with a pool shall meet all minimum distance requirements as specified in 10 CSR 50. For horizontal wells, submit a directional survey with the well completion or recompletion report to verify points at which the well is in contact with the pool.

(10) Any well not constructed in compliance with requirements of this regulation shall be shut in, according to 10 CSR 50-2.060 until compliance is achieved.

(11) All stratigraphic test wells that are not converted to another type of well must be permanently plugged according to 10 CSR 50-2.060(3) within ninety (90) calendar days of the spud date. A single thirty (30) calendar day extension period may be granted upon written request to the state geologist. If conversion is to take place, submit a permit modification to the state geologist as detailed in 10 CSR 50-2.030(9) or 10 CSR 50-2.060(4) prior to conversion. The well will then be subject to all completion and location requirements for the type of well to which it is being converted.

(12) Permanent signage must be posted within ninety (90) calendar days of spud date at each well site indicating the well name, well number, and API number. Stratigraphic test wells and non-commercial gas wells are exempt from signage posting.

Oct. 21, 1966. Amended: Filed Sept. 12, Amended: Filed Aug. 11, 1986, effective Oct. 27, 1986. Amended: Filed Sept. 16, 2015, effective March 30, 2016. Amended: Filed June 27, 2018, effective Feb. 28, 2019.

##### **10 CSR 50-2.050** Samples, Logs, and Completion Reports {#sec-10-csr-50-2.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-2.050}

PURPOSE: The objective of exploration is to locate reserves of oil and gas. To achieve this objective, the geologic history and the relationships of petroleum generation, migration, and accumulation must be understood.

Analyses of well cuttings and cores provide much information on the composition, age, and original environment of deposition of the sediments and on fluid content and characteristics. Logging tools lowered into boreholes provide information concerning the electrical, acoustical, and radioactive properties of rock-fluid systems throughout drilled intervals. This rule provides for filing of these data with the state geologist for the future use of industry and government scientists and is of paramount importance in achieving new energy resources and for protection of the environment.

(1) Each operator drilling or recompleting wells for the purpose of the exploration or production of oil or gas, excluding seismic shot holes, shall preserve and retain samples or drill cuttings, cores, and all other information as required under sections (2) and (3).

(2) Samples.

(A) The operator shall be given notice that samples or cores are required by a notice appended to or on a copy of the permit to drill, deepen, plug-back, or recomplete returned to the operator by the state geologist. All samples or drill cuttings saved in drilling or recompletion operations, and any cores taken, shall be retained by the operator for one hundred eighty (180) days after the spud date of the well.

(B) Sample cuttings shall be taken at five foot (5') intervals from the surface to total depth in all wells drilled under these regulations.

(C) During the drilling, or immediately following the completion, of any well drilled as provided in this rule, the operator shall advise the state geologist of all intervals that are to be cored, or have been cored, and, if requested, shall forward the core to the state geologist at the operator’s expense. In the event that it is necessary for the operator to utilize all or any portion of the core to the extent that sufficiently large and representative samples are not available for the state, the operator shall provide the state geologist with the results of identification or testing procedures.

(D) Each sample shall be identified as to well name, location, and depth of sample.

Upon request of the state geologist, all cores or core longitudinal sections not required by the operator for well evaluation purposes shall be placed in stratigraphic sequence in adequate boxes, labeled with the well name, location, and footage, and delivered to the state geologist. All samples shall be shipped at the operator’s expense to the office of the state geologist and shall be for study and use.

(E) Delivery of the processed samples or cores shall be made within one hundred twenty (120) days of the spud date or date of commencement of recompletion of the well.

(F) If retention of the core is requested by the operator, designated state geologist staff members shall be provided unrestricted access to the core at the operator’s facility during the operator’s normal business hours.

This access shall be subject to any confidentiality requests made under 10 CSR 50- 1.020.

(G) Operators in physical possession of cores requested by the state geologist shall not dispose of the cores without permission of the state geologist.

(H) If the state geologist requests samples from portions of the hole that typically are not saved in drilling operations, the operator shall provide these samples.

(I) The state geologist may waive the requirements of sampling if the state geologist determines additional geologic information is not required. The state geologist will advise the operator on the returned copy of the approved permit to drill, deepen, plugback, or recomplete when samples will not be required.

(3) Well completion or recompletion report.

(A) Within one hundred twenty (120) calendar days after the spud date or commencement of recompletion of a well drilled under these regulations, the operator shall submit a well completion or recompletion report on a form provided by the department. Stratigraphic test wells that have not been converted are exempt from this requirement.

(B) For good cause shown, an extension of sixty (60) days may be granted by the state geologist. The request for extension shall be submitted in writing and received before the expiration of the one hundred twenty- (120-) day period.

(C) If requested by the state geologist, the operator shall include with the report complete logs or records of the well, including, but not limited to, drilling time logs, electric logs, radioactive logs, or other logs that may have been obtained during mechanical integrity testing. 2015.* Original rule filed Oct. 11, 1966, effective Oct. 21, 1966. Amended: Filed Sept. 12, 1973, effective Sept. 22, 1973. Amended:

March 30, 2016.

##### **10 CSR 50-2.055** Injection Wells, Mechanical Integrity Testing, and Well Stimulation Treatment {#sec-10-csr-50-2.055 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-2.055}

PURPOSE: This rule provides for information needed for the permitting of injection activities and establishes procedures to be followed by the state geologist in issuing or denying permits. It also establishes procedures for determining injection pressures, demonstrating mechanical integrity, and taking corrective action at deficient wells. The rule further provides for notification of well stimulation treatment projects and submittal of documentation related to such treatment.

(1) Prior to commencement of injection operations, the following conditions shall be met:

(A) Application for a permit to inject along with the applicable fee pursuant to 10 CSR 50-1.050 has been submitted to the state geologist on forms provided by the department;

(B) The operator license, bond, and approved completion or recompletion report are on file in the office of the state geologist;

(C) The state geologist has approved and issued a permit to inject granting the application.

(2) Each injection well found to be operating without a permit issued by the state geologist shall be shut in, according to 10 CSR 50- 2.060 until compliance is achieved.

(3) Each application for permit to inject shall be submitted on a form provided by the department, along with the applicable fee pursuant to 10 CSR 50-1.050, completed in full, and accompanied by— (A) A map that shows the area of review for the proposed injection well and all area of review wells of public record, within a onehalf- (½-) mile radius of the injection well, that penetrate the injection interval, with each well uniquely marked or numbered;

(B) Descriptions of all wells that penetrate the injection interval in the area of review included on the permit application form;

(C) An electric log run to the surface or a log showing lithology or porosity of geologic strata encountered in the injection well, including an elevation reference. If such a log is unavailable, an electric log to surface or a log showing lithology or porosity of geological strata encountered in wells located within a one- (1-) mile radius of the subject well;

(D) A description of the fluid to be injected, the source of injected fluid, and compatibility of injected fluid with that of the receiving stratum, including total dissolved solid comparisons;

(E) An affidavit that notice has been provided in accordance with 10 CSR 50- 2.055(4); and (F) Information showing that injection into the proposed injection zone will be contained within the injection zone and will not initiate fractures through the overlying or underlying strata that could enable the fluid or formation fluid to enter underground sources of drinking water. This information includes the name, description, depth of overlying and underlying confining strata for the injection zone, and computed fracture gradients.

(4) Notice. The injection permit applicant 8CODE OF STATE REGULATIONS shall provide notice utilizing the following procedure:

(A) Notify each of the following parties whose acreage lies partially or fully within a one-half- (½-) mile radius of the project boundaries, by mailing or delivering a copy of the application and notice of intent on or before the date of publication described in subsection (4)(B) to:

1. Each operator or lessee of record;

2. Each owner of record of the mineral rights of unleased acreage; and 3. Each landowner within the project boundaries;

(B) Publish at least one (1) notice of intent to operate an injection well in a newspaper of general circulation in the county in which the proposed injection well(s) is located and include the following:

1. Name and address of applicant;

2. Location of well(s);

3. Geologic name of proposed injection strata and approximate depth of injection zone;

4. Proposed maximum injection rate and pressure;

5. Description of the need for the injection well(s);

6. Approximate maximum number of injection wells that ultimately will be utilized in the project; and 7. Address of the office of the state geologist, where comments may be sent or additional information may be obtained;

(C) Provide an affidavit of notice to include a copy of the newspaper publication and a list of parties notified according to sub-

section (4)(A); and (D) A fifteen (15) calendar day written comment period begins on the date of publication. A record will be kept by the state geologist of all written comments received and the responses to these comments. If within this comment period the state geologist determines that a significant degree of public interest is expressed, or other factors indicate the need for a public hearing, the state geologist may order a hearing. Public notice of the hearing will be provided in a newspaper of general circulation in the county where the proposed injection well is located with a hearing date set for no sooner than thirty (30) calendar days after the date of notice. If no public hearing is ordered, the state geologist will process the application after the end of the fifteen (15) calendar day comment period and upon receipt of an affidavit of newspaper publication.

(5) Modifications.

(A) Modifications to the type or construction of the injection well including, but not limited to, an increase in injection rate or pressure or an additional perforation or injection zone, neither of which is expressly authorized by the existing permit, require an application for a permit to inject to be filed along with the applicable fee pursuant to 10 CSR 50-1.050, except as specified in subsection (5)(B) below.

(B) No fee will be assessed for an injection permit modification when the operator seeks to add or delete additional sources of the fluid disposed into the well but will not exceed the maximum authorized injection rate and pressure.

(C) Each application for any modifications to the injection permit, including increasing pressure or rate and changing or adding injection strata, requires the notice specified in

section (4) of this regulation.

(6) Upon application for a permit to inject, the state geologist will review the application and, within fifteen (15) business days, determine if the application is in proper form and if the requirements of Chapter 259, RSMo, and implementing regulations are met. If the notify the operator and suspend the applicamation, or fee is submitted by the operator (15) business day permit period will begin anew. If the state geologist has not received notification of the operator, the application will be considered null and void and the operator must reapply by submitting a new application for a permit to inject, along with the associated fee.

(A) If the state geologist finds that the will issue the permit.

(B) If the state geologist determines either that the application is not in proper form, that the operator failed to submit the applicable fees, or that Chapter 259, RSMo, and implementing regulations are not being met, the permit will be denied.

(C) If the state geologist finds that injection at the proposed site would be an undue risk to the surface or subsurface environment, the permit will be denied.

(D) If the state geologist determines that the operator is in violation of any provision of lations, the state geologist may deny the permit.

(7) The state geologist may grant emergency

(8) A permit to inject shall not be transferred from one operator to another operator without approval of the state geologist. To transfer any permit to inject to a new operator (transferee), the current operator (transferor) submits a request, on a form provided by the department, to the state geologist no less than thirty (30) calendar days prior to the planned transfer. Any such request may be denied if the state geologist determines that the operator has not submitted all the necessary information. The transfer of a permit to inject will follow the transfer procedures prescribed in 10 CSR 50-2.010(6)(A) through (C).

(9) Injection pressures. A maximum injection pressure for injection wells will be established by the state geologist so that the pressure in the injection zone during injection does not initiate new fractures or propagate existing fractures in the confining strata. The injection pressure also should not cause the injected fluid to migrate into an underground source of drinking water.

(A) The injection pressure determinations shall be approved by the state geologist based on one (1) of the following methods:

1. For injection of liquids, injection pressures at 0.75 psig/foot based upon the depth to the midpoint of the perforations or openhole interval in the injection zone; or 2. For injection of steam or other gases, injection pressures at 3.0 psig/foot based upon the depth to the midpoint of the perforations or openhole interval in the injection zone; or 3. Pump pressure data provided by the operator that details the ability of the injection zone to tolerate the requested pressure; or 4. Step-rate test data provided by the operator that details the ability of the injection zone to tolerate the requested pressure; or 5. Historical injection pressures provided by the operator and/or other data deemed appropriate by the state geologist to demonstrate an appropriate injection pressure.

(B) At least one (1) test must be performed within one thousand three hundred twenty feet (1320') of the proposed injection well, or as otherwise deemed appropriate by the state geologist. The data and interpretive report should be submitted in the format requested by the state geologist.

(C) Following approval by the state geologist of an initial maximum injection pressure, the well used to obtain the data in paragraph (9)(A)3. or 4. above may be used as a reference well. Additional injection wells within one thousand three hundred twenty feet (1320') of the reference well may be approved at the same maximum injection pressure.

(D) The established maximum injection pressure shall not be exceeded. Exceedance of the maximum injection pressure may result in additional compliance monitoring.

Modifications to increase a maximum injection pressure for injection wells will be made according to section (5) above.

(10) Following receipt of an approved permit to inject, the operator shall notify the state geologist regarding injection operations as follows:

(A) Immediately upon the commencement of injection operations, notify the state geologist of the date of commencement; and (B) After permanent discontinuance of injection operations, notify the state geologist, within ninety (90) calendar days, of the date of the discontinuance and the reasons for discontinuance.

(11) Monitoring. Following an initial mechanical integrity test in accordance with subsection (12)(A) below, once a month, the operator shall monitor and record, during actual injection, the pressure or fluid level in the annulus and any other information deemed necessary by the state geologist. An annual report of information logged will be submitted to the state geologist in accordance with 10 CSR 50-2.080.

(12) Mechanical integrity. All new or newly converted injection wells shall demonstrate mechanical integrity and meet the requirements of 10 CSR 50-2.090 and 10 CSR 50- 2.100 before operation may begin and at least once every five (5) years. The date for the mechanical integrity test will be mutually agreed upon by the operator’s representative and the state geologist, with a minimum of five (5) business days’ notice prior to commencing the test.

(A) Demonstration of mechanical integrity shall utilize at least one (1) of the following procedures:

1. Pressure test. Conduct a pressure test in the annulus above the packer, or the injection casing in wells not equipped with a packer, in the following manner:

A. For newly completed or newly converted wells, the casing may be tested before perforating. Apply a fluid pressure of one hundred ten percent (110%) of the approved pressure, but no less than three hundred (300) psig. A well demonstrates mechanical integrity if, when pressurized, it does not lose more than ten percent (10%) of the tested pressure over a period of thirty (30) minutes;

B. Pressure test wells constructed with tubing and a packer by applying a fluid pressure of one hundred ten percent (110%) of the approved pressure, but no less than three hundred (300) psig. A well demonstrates mechanical integrity if, when pressurized, it does not lose more than ten percent (10%) of the tested pressure over a period of thirty (30) minutes;

C. For wells constructed with tubing and no packer, set a retrievable plug or packer immediately above the uppermost perforation or openhole interval. Apply a fluid pressure of one hundred ten percent (110%) of the approved pressure, but no less than three hundred (300) psig. A well demonstrates mechanical integrity if, when pressurized, it does not lose more than ten percent (10%) of the tested pressure over a period of thirty (30) minutes; and D. For wells constructed with tubing and no packer, a method of pressure testing known as fluid depression may be conducted with prior approval and under guidelines established by the state geologist. Depress the fluid in the well with gas pressure to a point in the wellbore immediately above the perforations or openhole interval. The minimum calculated pressure necessary to depress the fluid in the wellbore shall be no less than fifty (50) psig. A well demonstrates mechanical integrity if, when pressurized, it does not lose more than ten percent (10%) of the tested pressure over a period of thirty (30) minutes;

2. Alternative tests. With prior approval by the state geologist, alternative test methods including, but not limited to, temperature surveys, tracer surveys, or noise logs, may be used to demonstrate mechanical integrity if conditions are appropriate.

(B) Results of this test and an interpretive report must be submitted on the appropriate form to the state geologist within thirty (30) calendar days of completion of the test. The state geologist will inform the operator of a satisfactory or unsatisfactory demonstration of mechanical integrity within fifteen (15) business days.

(13) If a well cannot demonstrate mechanical integrity, or if other conditions develop that threaten or could threaten the quality of surface or groundwater, the operator shall cease operation of the well, notify the state geologist within twenty-four (24) hours with details as to the nature of the problem, and propose a corrective action plan in writing within five (5) business days. The operator shall have no more than sixty (60) calendar days from the date of initial failure in which to perform one (1) of the following:

(A) Repair and retest the well to demonstrate mechanical integrity; or (B) Plug the well.

(14) Following corrective action performed pursuant to section (13), the state geologist may require additional testing or monitoring.

If the state geologist has approved the use of any chemical sealant or other mechanical device to isolate the leak before use, then the following requirements apply:

(A) Injection pressure into the well does not exceed the maximum mechanical integrity test pressure; and (B) The well demonstrates mechanical integrity on an annual basis for the duration the well is completed in this manner.

(15) The state geologist or an authorized representative may sample injected fluids at any time during injection operations.

(16) Well stimulation treatment projects. At least five (5) business days prior to commencement of a well stimulation treatment project, the operator is required to notify the state geologist in writing the nature of the project. Within thirty (30) calendar days after completion of a well stimulation treatment project, the operator shall submit copies of the well stimulation treatment tickets from the company performing such treatment, including documentation of the materials injected.

(17) All injection wells in operation prior to March 30, 2016, shall comply with these injection permitting requirements no later than April 1, 2017. All wells permitted on or after March 30, 2016, shall comply with requirements in this rule prior to permit issuance. 259.080, and 259.140, RSMo 2016 .* Original rule filed Sept. 15, 2015, effective March 30, 2016. Amended: Filed June 27, *Original authority: 259.060, RSMo 1965, amended 1972; 259.070, RSMo 1965, amended 1972, 1983, 1987, 1993, 1995, 2012, 2015; 259.080, RSMo 1965, amended 1972, 2015; and 259.140, RSMo 1965.

10CODE OF STATE REGULATIONS

**History**
- *authority to inject or dispose of fluids at an alternate location, if a facility is shut in for maintenance, testing, repairs, or by order of the state geologist or the council.*

##### **10 CSR 50-2.060** Shut-in Wells, Plugging, and Conversion to Water Well {#sec-10-csr-50-2.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-2.060}

PURPOSE: This rule provides for the protection of both surface water and groundwater.

Drilling muds, oil, and water recovered from drilling or testing operations should be disposed of so that pollution of surface soil, ponds, and streams is avoided. Underground sources of drinking water strata are protected by casing set below the deepest strata penetrated that might contain underground sources of drinking water. Dry holes should be plugged in a manner that subsurface salt water or mineralized water will be confined to the stratum in which it occurs. Similarly, each oil or gas stratum penetrated by a well should be permanently sealed when abandoned to prevent contamination of underground sources of drinking water and also to prevent damage by water of any oil or gas stratum capable of producing in paying quantities. In certain logging procedures, a radioactive source (in a probe or sonde) is lowered into the borehole to provide certain subsurface data useful in exploration for oil and gas. Should this radioactive source contained in a logging tool be lost in the hole, certain procedures are prescribed to prevent the accidental or intentional mechanical disintegration of the radioactive source. Further, there are provisions for marking the well site permanently as a warning that a radioactive source has been abandoned in the well.

(1) Shut-in wells.

(A) Shut-in status. A well is considered shut in whenever it has not been operated for ninety (90) calendar days or more. The shutin status shall not exceed ninety (90) calendar days. Prior to the expiration of the ninety (90) calendar days shut-in status, the operator of that well shall perform one (1) of the following:

1. Return the well to operation and notify the state geologist on the monthly well status report per 10 CSR 50-2.080(2); or 2. Plug the well; or 3. Petition the state geologist for an extension and propose an end date for the shut-in status.

(B) Approval of shut-in status extensions.

1. The state geologist may approve an extension of a well’s shut-in status not to exceed one (1) year. If the operation of any shut-in well is not resumed within one (1) year after the extension has been approved, the well will be deemed abandoned, and the operator shall plug the well per these rules. Upon application to the state geologist before the expiration of the one- (1-) year period, and for good cause shown, the period may be extended by the state geologist for one (1) year upon compliance with the provisions of paragraph (1)(B)2. of this section. Additional one- (1-) year extensions may be granted by the state geologist. The total time of such consecutive extensions shall not exceed ten (10) years.

2. Any well in continuous shut-in status must demonstrate mechanical integrity at least once every five (5) years pursuant to procedures in 10 CSR 50-2.055.

(C) Right of denial. Any shut-in well may be inspected by the state geologist to determine whether its shut-in status could cause contamination of underground sources of drinking water. If necessary, the state geologist may deny extensions of shut-in status for a well and require the well be plugged, repaired, or demonstrate mechanical integrity in accordance with these regulations.

(D) Plugging of shut-in wells. If the well is not returned to service or properly plugged pursuant to these rules before the end of the shut-in status, the well will be considered abandoned and shall be plugged within thirty (30) calendar days. After the thirty- (30-) day period, if the well has not been plugged pursuant to these rules, the bond in place for the well shall be forfeited and deposited into the Oil and Gas Remedial Fund according to 10 CSR 50-2.020(6) and utilized according to 10 CSR 50-2.060(3)(F).

(2) Shut-off test. Whenever it appears to the state geologist that any water from any well is migrating or infiltrating into oil-bearing or gas-bearing strata or that any detrimental substances are infiltrating any underground sources of drinking water, the state geologist may require a shut-off test, to be conducted at the expense of the operator of that well. The time and procedure for the taking of the test will be fixed by the state geologist.

Reasonable notice of the test will be given to the owner or operator. The owner or operator of any abandoned oil or gas well from which water is migrating or infiltrating into any oilbearing or gas-bearing strata, or from which any detrimental substances are infiltrating any underground sources of drinking water, shall immediately plug or repair the well in accordance with section (3) below and shall prevent the infiltration of oil, gas, produced water, or other detrimental substances into underground sources of drinking water strata.

(3) Plugging Requirements.

(A) Abandoned Wells.

1. An abandoned well shall be plugged or addressed as directed by the state geologist as provided in these rules. Plugging an abandoned well includes the removal of any rig, derrick, or other operating structure, and all abutments and appurtenances used in the operation of such well, from the land upon which the well was operated, and includes grading the surface of the soil in such manner as to leave the land, as nearly as practicable, in the same condition after the removal of such structures, equipment, and appurtenances as it was before such structures and abutments were placed thereon, unless the owner of the land and the plugging party have entered into an agreement providing otherwise.

2. When the state geologist investigates and determines that a well has been abandoned, as provided in these rules, the state geologist may issue an order directing the operator, owner, or any person who without authorization tampers with or removes surface equipment or downhole equipment from the abandoned well to plug the well as directed by the state geologist. If the person to whom the order is issued fails to comply with any such order that has become final under 10 CSR 50-1.040, the person to whom the order is issued shall be deemed to have abandoned any and all property interests in the well and any rig, derrick, or other operating structure, and all abutments and appurtenances.

3. In addition to any other remedy provided in Chapter 259, RSMo, or implementing regulations, if the state geologist determines that a well has been abandoned, the department or the council may request that the attorney general institute a civil proceeding to request appropriate injunctive relief, civil penalties, or other appropriate remedy, as provided in sections 259.200 and 259.210, RSMo.

4. If the state geologist determines that a well has been abandoned, the department in accordance with section 259.070.5(7), RSMo, may plug such well, or cause it to be plugged as to prevent contamination or danger of contamination of any waters of the state or loss of underground sources of drinking water, and may remediate contamination from the well. Plugging or remediation may include the collection, removal, salvage, and disposition of abandoned operating structures or other equipment. The cost of the plugging or remediation will be paid by the Oil and Gas Remedial Fund, as provided in section 259.190, RSMo.

(B) Notice.

1. Before plugging any well the operator shall file with the state geologist a notice of intent to plug on a form provided by the department. The notice will include the details of the proposed plugging procedure and description of any logging tool containing a radioactive source being abandoned (see subsection (E) of this section for radioactive source abandonment procedure). The proposed plugging procedure shall be approved by the state geologist prior to commencement of plugging activities.

2. The operator shall notify the state geologist no later than five (5) business days before the plugging.

3. Exceptions.

A. If necessary to avoid rig downtime, oral permission to plug dry holes may be obtained by informing the state geologist of proposed plugging procedures, in which case a notice of intent to plug form must be submitted within three (3) business days of plugging.

B. In lieu of prior notice and approval by the state geologist as detailed in paragraph (3)(B)1. of this rule, the operator may elect to plug a well from total depth to the surface with cement slurry, being no less than fifteen (15) pounds per gallon density, emplaced via a tremie pipe.

C. If an emergency situation exists, the operator shall orally notify and present the plugging proposal to the state geologist for approval.

(C) Plugging methods.

1. Before any well is considered plugged, all oil, gas, and water shall be permanently confined in the separate strata originally containing them.

2. Plug wells by emplacing cement via a tremie pipe from twenty-five feet (25') below the bottom of the stratum to a point no less than twenty-five feet (25') above the top of the stratum that contains oil or gas, or from which oil or gas has been produced, or that has been used for injection.

3. Cut off casing in plugged wells, including horizontal wells, at least three feet (3') below ground surface at the wellhead.

4. Horizontal wells. Fill each horizontal well with a cement plug from total depth of the deepest producing horizon to the surface.

5. Stratigraphic test wells. Fill each stratigraphic test well with a cement plug from total depth to within three feet (3') of the surface. All stratigraphic test wells shall be plugged after being used as soon as is reasonably practicable but no later than thirty (30) calendar days after the drilling of the well.

6. Seismic shot holes. Plug all seismic shot holes upon completion of the shooting.

Such holes shall not remain unplugged for a period of more than thirty (30) calendar days after the drilling of the hole.

7. If circulation is lost in the drilling of any hole and circulation cannot be regained, place a cement plug above the zone of lost circulation to the surface.

8. Alternative plugging methods may be authorized by the state geologist when geologic conditions or conditions in the casing or wellbore warrant.

(D) Reporting. The operator shall submit a plugging record completed in full on a form provided by the department along with the applicable fee pursuant to 10 CSR 50-1.050 to the state geologist within thirty (30) calendar days after completion of plugging activities.

(E) Radioactive source.

1. If a radioactive source cannot be retrieved from a hole and is proposed to be abandoned in the well, the operator shall notify the state geologist. Wells in which radioactive sources are being abandoned shall be mechanically equipped so as to prevent the accidental or intentional mechanical disintegration of the radioactive source.

A. Sources being abandoned in a well shall be covered with no less than a fifty foot (50') standard-red-dyed cement plug with a whipstock set on top of the plug. The dye is to alert the re-entry operator prior to encountering the source.

B. In wells where a radioactive logging source has been cemented in place behind a casing string and above total depth, upon abandonment a standard-red-dyed cement plug should be placed opposite the abandoned source and extend fifty feet (50') above and fifty feet (50') below with a whipstock placed on top of the plug.

C. If the operator finds after expending a reasonable effort it is not possible to abandon the source as prescribed in subparagraph (3)(E)1.A. or B. of this rule, the operator shall seek the state geologist’s approval to cease efforts in this direction and obtain approval for an alternate abandonment procedure.

2. Upon permanent plugging of any well in which a radioactive source is abandoned, and after removal of the wellhead, a permanent plaque is to be attached to the top of the casing left in the hole in a manner that reentry cannot be accomplished without disturbing the plaque. This plaque would serve as a visual warning to any person re-entering the hole that a radioactive source has been abandoned in place in the well. The plaque should contain the trefoil radiation symbol with a radioactive warning and should be constructed of a long-lasting material such as monel, stainless steel, or brass.

(F) Monies deposited in the Oil and Gas Remedial Fund may be used by the department to plug those oil, gas, and injection wells that have been abandoned and have not been plugged according to these rules, subject to the following guidelines:

1. Wells covered by a forfeited bond will receive first priority; and 2. Other wells will receive secondary priority on the basis of their potential for groundwater contamination or other damage in the order recommended by the state geologist.

(4) Conversion to domestic water supply well. Within thirty (30) calendar days after conversion of a well to a domestic water supply well, submit an application on a form provided by the department. The well must have been reconstructed, or, for a stratigraphic test well, have been constructed, as a water well by a Missouri permitted water well installation contractor and meet minimum water well construction standards as set forth in the Water Well Drillers’ Act, Chapter 256, RSMo, and the implementing Missouri Well Construction rules 10 CSR 23. A well registration or certification, as appropriate, per those rules shall be approved before the state geologist will approve the conversion agreement and release the applicable bond.

Filed Sept. 12, 1973, effective Sept. 22, 1973. Amended: Filed Dec. 12, 1975, effective Dec. 22, 1975. Amended: Filed Sept. 10, 1979, effective Feb. 11, 1980. Amended:

Filed Oct. 14, 1981, effective Feb. 1, 1982.

Amended: Filed Sept. 13, 1983, effective Dec. 11, 1983. Amended: Filed Sept. 15, 2015, effective March 30, 2016. Amended:

Filed June 27, 2018, effective Feb. 28, 2019. 1983, 1987, 1993, 1995, 2012, 2015 and 259.190, RSMo 1965, amended 1983, 2015.

**History**
- *AUTHORITY: sections 259.070 and 259.190, RSMo 2016. Original rule filed Oct. 11, 1966, effective Oct. 21, 1966. Amended:*

##### **10 CSR 50-2.065** Operations {#sec-10-csr-50-2.065 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-2.065}

PURPOSE: This rule provides for procedures or requirements for activities as part of oil and gas production operations. General operations include hydrocarbon storage, metering of produced gas, and spill response.

(1) Tank identification. All oil tanks, tank batteries, tanks used for produced water collection or disposal, and tanks used for oilsediment treatment or storage shall be identified by a sign posted on, or not more than fifty feet (50’) from, the tank or tank battery.

Within ninety (90) days of any transfer, the transferee shall change the tank battery identification sign to include the new operator information. The sign shall— 12CODE OF STATE REGULATIONS (A) Identify name, license number, and contact information of the operator;

(B) Identify name of the lease or unit being served by the tank;

(C) Identify location of the tank, including

section, township, range, and county;

(D) Identify contents of the tank;

(E) Be of durable construction; and (F) Be large enough to be legible under normal conditions at a distance of fifty feet (50').

(2) Spill Notification. Each operator, immediately upon discovery or knowledge of any spill or release, will take immediate action in accordance with the Spill Bill, section 260.500 to 260.550, RSMo, and the implementing regulations in 10 CSR 24. This does not alter responsible parties’ obligations under any other applicable law.

Filed June 27, 2018, effective Feb. 28, 2019. *Original authority: 259.060, RSMo 1965, amended 1972 and 259.070, RSMo 1965, amended 1972, 1983, 1987, 1993, 1995, 2012, 2015.

**History**
- *AUTHORITY: section 259.060 and 259.070, RSMo 2016. Original rule filed Sept. 15, 2015, effective March 30, 2016. Amended:*

##### **10 CSR 50-2.070** Well Spacing {#sec-10-csr-50-2.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-2.070}

(Rescinded March 30, 2016) and 259.100, RSMo 1986. Original rule filed Oct. 11, 1966, effective Oct. 21, 1966.

Amended: Filed Sept. 12, 1973, effective Sept. 22, 1973. Amended: Filed Sept. 12, 1978, effective Feb. 1, 1979. Amended: Filed Dec. 15, 1986, effective April 11, 1987.

Amended: Filed May 18, 1987, effective July 24, 1987. Rescinded: Filed Sept. 15, 2015, effective March 30, 2016.

##### **10 CSR 50-2.080** Record Retention and Reporting {#sec-10-csr-50-2.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-2.080}

PURPOSE: A history of the production of an oil or gas well is important in the evaluation of a particular well or pool. Reservoir characteristics, fluid behavior, and production can be used for studies and estimates of production on future pools. Use of production data and reservoir analyses included on monthly reports can be correlated with recovery techniques to promote conservation and to prevent waste in the oil industry. This rule provides for the filing of monthly status, production, and water disposal reports, with certain waivers.

(1) Record Retention.

(A) For all wells, each operator shall maintain legible documentation of the cementing operations across all strata and provide this documentation to the state geologist upon request. The documentation may consist of invoices, job logs, job descriptions, or other similar service company reports.

(B) Each operator of an injection well shall keep current, accurate, and legible records of the amount and kind of fluid injected into the injection well and preserve these records for five (5) years.

(C) Each operator of an observation well shall keep current, accurate, and legible records of the data collected and preserve these records for five (5) years.

(2) Monthly Reporting. Each operator shall prepare in full the following monthly reports on a form provided by the department and submit to the state geologist no later than forty-five (45) calendar days after the end of each calendar month:

(A) Well status of each open well in a unit;

(B) Well production, which may be presented for each unit unless requested otherwise by the state geologist or the council;

(C) Disposal of produced water, including the amount, type, and method of disposal of all fluids produced from oil wells, gas wells, or underground gas storage reservoirs; and (D) The monthly gas well status and production reports may be waived by the state geologist upon application by the operator of the well when production from the well is for the owner’s sole and non-commercial use.

(3) Annual reporting. Each operator shall submit an annual report completed in full on a form provided by the department for the following:

(A) An annual injection well monitoring report for the previous calendar year, submitted to the state geologist on or before March 1 of the following year;

(B) A complete inventory report of all open wells as of December 31, submitted to the state geologist on or before January 31;

(C) An annual financial assurance report providing documentation of sufficient financial assurance for all open wells, pursuant to

Chapter 259, RSMo, and implementing regulations, submitted to the state geologist on or before January 31 of each year and including a signed and notarized statement from any applicable surety or issuer of a letter of credit or certificate of deposit documenting that the referenced instruments are valid and in full force.

(4) All monthly and annual reports will be on file at the office of the state geologist and will be retained and available for at least five (5) years.

Oct. 21, 1966. Amended: Filed Sept. 12, Filed Dec. 12, 1975, effective Dec. 22, 1975.

Amended: Filed Oct. 14, 1981, effective Feb. 11, 1982. Amended: Filed Sept. 15, 2015, effective March 30, 2016. Amended: Filed June 27, 2018, effective Feb. 28, 2019.

##### **10 CSR 50-2.090** Disposal of Fluids by Injection {#sec-10-csr-50-2.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-2.090}

PURPOSE: In some phases of the producing life of some reservoirs, large quantities of formation water may be produced along with the oil and gas. Adequate protection of underground sources of drinking water lies in the proper disposal of this produced water.

Rather than allowing the produced water to flow onto the land surface and into streams and rivers, a more satisfactory method of disposal is to inject this water into permeable subsurface strata that do not contain underground sources of drinking water. This rule provides details such as quality and quantity of the water and well construction that are to be submitted to the state geologist for approval prior to such injection to ensure that underground sources of drinking water are adequately protected.

(1) Other than within the original production strata, disposal of produced fluid from an oil or gas operation is prohibited into an oil or gas reservoir, a potential oil or gas reservoir, or an underground source of drinking water unless that drinking water source has been exempted, or unless otherwise approved by the state geologist.

(2) An injection well for the disposal of fluids must be located a minimum of one hundred sixty-five feet (165') from a unit boundary.

Oct. 21, 1966. Amended: Filed Sept. 12,

##### **10 CSR 50-2.100** Enhanced Recovery Projects {#sec-10-csr-50-2.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-2.100}

PURPOSE: Enhanced recovery projects utilize fluids, including but not limited to, produced water, steam, or natural gas, by injection into an oil reservoir to recover additional oil. Where the oil is difficult to recover with water or steam, certain chemicals are often added to increase the efficiency of water as an oil-recovery agent. These enhanced recovery methods help maintain reservoir pressure and increase the ultimate amount of oil that can be obtained from a particular pool, thereby preventing the waste of natural resources. This rule provides for the protection of groundwater by requiring approval by the state geologist of certain details of the enhanced recovery project. In addition, this

rule protects the correlative rights of the offset property owners by requiring the state geologist’s approval of well spacing and production unit line requirements prior to the commencement of operations.

Enhanced recovery projects designed for the secondary or tertiary recovery of oil or gas may be approved as part of a proposed production unit. Production unit approval may be requested by submitting to the state geologist an application specifying all pertinent details of the proposed project as detailed in 10 CSR 50-3.020(2). 2015.* Original rule filed Oct. 11, 1966, effective Oct. 21, 1966. Amended: Filed Sept. 12, 1973, effective Sept. 22, 1973. Amended:

Filed Sept. 15, 2015, effective March 30, 2016.

##### **10 CSR 50-2.110** Special Projects and Research Projects {#sec-10-csr-50-2.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-2.110}

(Rescinded March 30, 2016)

Filed Sept. 12, 1973, effective Sept. 22, 1973. Rescinded: Filed Sept. 15, 2015, effective March 30, 2016.

**History**
- *AUTHORITY: sections 259.060 and 259.070, RSMo 1986. Original rule filed Oct. 11, 1966, effective Oct. 21, 1966. Amended:*

##### **10 CSR 50-2.120** Gas Storage Operations {#sec-10-csr-50-2.120 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-2.120}

PURPOSE: The development of gas storage operations requires that they be addressed by the state. This rule will ensure protection of underground sources of drinking water.

(1) Gas storage operations that inject gas that is liquid at standard temperature and pressure to be recovered at a later date for use shall comply with all rules pertaining to injection wells, except that such wells may not be drilled closer than approximately three hundred thirty feet (330') from the boundary of the gas storage operation. 2015.* Original rule filed Oct. 14, 1981, effective Feb. 11, 1982. Amended: Filed Sept. 15, 2015, effective March 30, 2016.

14CODE OF STATE REGULATIONS

### **Chapter 3** Well Spacing for Oil and Gas Pools

##### **10 CSR 50-3.010** Spacing Units for Primary Production {#sec-10-csr-50-3.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-3.010}

PURPOSE: Spacing patterns for wells in a pool or reservoir are established by this rule to prevent waste, to avoid the drilling of unnecessary wells, to contribute to orderly development, and to protect correlative rights. Wells should be located in a relatively uniform spacing pattern even under diversified ownership conditions to protect correlative rights along property lines. Optimum spacing is considered to be the maximum number of reservoir acres that can be economically and efficiently drained by one (1) well within a reasonable time. For example, if one (1) well can be drilled economically on ten (10) acres and this is the area that can be drained efficiently, then the spacing or acreage attributable to the well should not be less than ten (10) acres. A well so spaced will ultimately recover as much oil for the ten (10) acres as would be recovered by more than one (1) well, thereby avoiding the drilling of unnecessary wells. This rule provides requirements for, and limitations on, the spacing of wells and for certain exceptions and exemptions thereto.

(1) All wells for the primary production of oil and gas drilled into the same pool, except as explicitly exempted by this rule, shall be subject to spacing units as follows:

(A) Oil wells. Not more than one (1) oil well shall be drilled upon any tract of land into the same pool as specified in the following:

1. A standard spacing unit shall be ten (10) acres. The well shall not be located closer than three hundred thirty feet (330') to any unit line, nor closer than six hundred sixty feet (660') to the nearest oil well completed in or capable of producing from the same pool.

Except as provided in paragraph (1)(A)2., no oil well shall be drilled on less than ten (10) acres except by order of the state geologist; or 2. Due to the low natural reservoir pressure at shallow depths, oil may be drained economically and efficiently through primary production only by using smaller spacing units. A standard spacing unit for an oil well drilled to a total depth of less than one thousand five hundred feet (1500') shall be two and one-half (2.5) acres or three hundred thirty feet (330') from an oil well completed in or producing from the same pool and shall not be drilled nearer than one hundred sixtyfive feet (165') from any unit line. No oil well shall be drilled on less than two and onehalf (2.5) acres except by order of the state geologist; and (B) Gas wells. Not more than one (1) gas well shall be drilled upon any tract of land into the same pool as specified in the following:

1. A standard spacing unit shall be a forty (40) acres. The gas well shall not be located closer than six hundred sixty feet (660') to any unit line, nor closer than one thousand three hundred twenty feet (1320') to the nearest gas well completed in or producing from the same pool. Except as provided in paragraph (1)(B)2., no gas well shall be drilled on less than forty (40) acres except by order of the state geologist; or 2. Due to the low natural reservoir pressure at shallow depths, gas may be drained economically and efficiently through primary production only by using smaller spacing units. A standard spacing unit for a gas well drilled to a total depth of less than one thousand five hundred feet (1500') shall be ten (10) acres or six hundred sixty feet (660') from a gas well completed in or producing from the same pool and shall not be drilled nearer than three hundred thirty feet (330') from any unit line. No gas well shall be drilled on less than ten (10) acres except by order of the state geologist.

(C) An operator may petition the state geologist to issue an order to establish spacing units of a specified and approximate uniform size and shape for a pool for the purpose of preventing waste, avoiding the drilling of unnecessary wells, or protecting correlative rights. The state geologist may modify an order establishing spacing units to alter the size and shape of one (1) or more existing spacing units for the purpose of preventing waste, avoiding the drilling of unnecessary wells, or protecting correlative rights.

(2) Only one (1) well that is in physical contact with the pool and capable of producing oil or gas or both is allowed in any given spacing unit.

(A) The state geologist, on an individual

basis, may grant the drilling and production of one (1) or more increased density wells within a spacing unit, provided that the operator submits convincing technical evidence that the existing well(s) is not capable of efficiently draining the pool or portion thereof that resides within the confines of the spacing unit.

(B) The surface locations of all wells and all the points at which the wells are in physical contact with the pool shall occur no closer than a specified distance from the vertical boundary of a spacing unit, and this minimum distance is set in section (1) or in any order issued pursuant to subsection (1)(C).

The state geologist, on an individual basis, subsequently may issue an order granting a location exception where the surface location of a well, or its contacts with the pool, or both, may be located closer than the specified minimum distance from the boundary of the spacing unit.

(C) Any injection well and any surface or subsurface device that redirects the natural movement of oil, gas, or formation water in a pool is prohibited at any location within spacing units under primary production, and the drainage of oil, gas, and formation water into the well must be allowed to occur naturally.

All injection projects or other enhanced recovery of oil or gas must be done in accordance with 10 CSR 50-3.020.

(D) Compressors that lower pressure inside wells for the purpose of increasing the ultimate recovery of gas may be used in spacing units. Compressors shall not induce a vacuum inside wells unless approved by the state geologist.

(3) The following are exempt from the requirements of spacing units:

(A) Offset wells that were drilled prior to the enactment of Chapter 259, RSMo, upon application to the state geologist and to protect against offset drainage;

(B) Any well that is drilled for enhanced recovery as part of the operation of a production unit, in accordance with 10 CSR 50- 3.020;

(C) Wells whose purpose is for the disposal of produced water, non-usable gas, or other liquid or gaseous waste resulting from the production of oil, gas, or both;

(D) Stratigraphic test wells;

(E) Wells drilled expressly for operation of underground gas storage projects; and (F) Non-commercial gas wells, if approved by the state geologist under the following conditions:

1. An operator may apply for the establishment of a spacing unit, consisting of one (1) or more contiguous separately owned tracts, on which a well no deeper than eight hundred feet (800’) may be drilled without regard to section lines or property lines, provided that any well so allowed shall not be drilled closer than one hundred sixty-five feet (165') from the boundary of the spacing unit, unless approved by the state geologist;

2. An applicant for an exemption and establishment of a spacing unit under this sub-

section shall submit a well location map, as described in 10 CSR 50-2.030(3), outlin ing JASONKANDER(2/29/16) the area that will be affected by the proposed well and showing the location of the separate tracts, the names and addresses of landowners of the separate tracts, and the names and addresses of lessees of any tracts leased for oil, gas, or both. All wells, including but not limited to, dry, abandoned, producing, or shut-in wells on the proposed unit, and any well location for which drilling permits have been approved, shall be located accurately and designated on the map; and 3. Spacing exemptions may be granted upon application to the state geologist.

**History**
- *AUTHORITY: section 259.100, RSMo Supp. 2015, and section 259.120, RSMo 2000. Original rule filed Sept. 12, 1973, effective Sept. 22, 1973. Amended: Filed Sept. 15, 2015, effective March 30, 2016. Original authority: 259.100, RSMo 1965, amended 1987, 2015 and 259.120, RSMo 1965, amended 1972.*

##### **10 CSR 50-3.020** Production Units and Well Spacing for Enhanced Recovery {#sec-10-csr-50-3.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-3.020}

PURPOSE: Production units are small- to large-scale projects designed to maximize ultimate recovery of oil and gas from the entirety of a single pool or particular portion thereof through enhanced recovery. Enhanced recovery typically involves the use of injection wells.

(1) No well, including, but not limited to, those used for production or injection, drilled within a production unit shall be drilled nearer than one hundred sixty-five feet (165') from the production unit boundary. Stratigraphic test wells are exempt from this requirement.

(2) An operator may submit to the state geologist an application for the implementation of a production unit of a specified size and shape, with a well configuration of a certain nature of operation, for the purpose of an enhanced recovery project designed to maximize the ultimate recovery of oil or gas or both from the entirety of a single pool or particular portion thereof. The state geologist may approve the application if the proposed production unit is operated by a single operator or owner. If the proposed production unit includes more than one (1) operator or owner, application shall be made to the council, according to procedures in 10 CSR 50- 4.020. Any applicant for a production unit shall provide a description of the proposed production unit area, including the following information:

(A) Maps that show the unit boundary, cultural and natural surface features, areal extent of the pool, depth and thickness of the pool, location of any and all prior wells regardless of kind in the proposed unit area and those that occur within a one-half (1/2) mile-wide buffer area around the proposed unit;

(B) Location of all owner tracts;

(C) Location and pattern of all proposed production, injection, water supply and disposal wells that are to be drilled and operated for purpose of the proposed production unit; and (D) Location of all surface facilities associated with the proposed production unit.

4CODE OF STATE REGULATIONS

(2/29/16) JASONKANDER

**History**
- *AUTHORITY: section 259.100, RSMo Supp. 2015, and section 259.120, RSMo 2000. Original rule filed Sept. 15, 2015, effective March 30, 2016. Original authority: 259.100, RSMo 1965, amended 1987, 2015 and 259.120, RSMo 1965, amended 1972.*

### **Chapter 4** Authorization for Pooling Units and Unitization Agreements for Oil and Gas Pools

##### **10 CSR 50-4.010** Application for Authorization of a Pooling Unit for Primary Production {#sec-10-csr-50-4.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-4.010}

PURPOSE: This rule sets forth the procedure for pooling mineral interests of separatelyowned tracts, portions of tracts, or interests within a single spacing unit for primary production, to allow for the development and operations of the spacing unit.

(1) Before the commencement of drilling a well in a spacing unit, all owners, whether ownership is by deed or lease or farmout, shall enter into a contractual agreement whereby every owner pays his or her mutually agreed fair share of the drilling and operating costs and receives his or her fair share of the oil or gas or the profits produced therefrom. Contractual agreement is achieved by way of the pooling process pursuant to section 259.110, RSMo. The pooling process may be either voluntary or involuntary, as defined as follows:

(A) A voluntary pooling occurs when all owners of mineral interests enter into a private contractual agreement willingly and of their own accord. Voluntary poolings are executed privately with no involvement by the council; and (B) An involuntary pooling occurs when one (1) or more owners of mineral interests are not able to enter into a private contractual agreement willingly and of their own accord, and the council, upon application by any interested owner and after notice and hearing, issues a pooling order that serves as the binding contractual agreement.

Filed Sept. 15, 2015, effective March 30, 2016. *Original authority: 259.110, RSMo 1965 and 259.120, RSMo 1965, amended 1972.

**History**
- *AUTHORITY: sections 259.110 and 259.120, RSMo 2000. Original rule filed Sept. 12, 1973, effective Sept. 22, 1973. Amended:*

##### **10 CSR 50-4.020** Application for Authorization of Unitization for Enhanced Recovery {#sec-10-csr-50-4.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-4.020}

PURPOSE: This rule sets forth a procedure for small- to large-scale cooperative development and operation projects that are designed to maximize ultimate recovery of oil and gas from the entirety of a single pool or particular portion thereof through the use of enhanced recovery projects within production units. Similar to the pooling process for primary production, unitization of production units for enhanced recovery involves contractual agreements between different owners and/or operators of existing producing wells, and a decision as to which one (1) of the operators will operate the production unit as a whole.

(1) The council, upon the written request of an applicant and upon receipt of the information specified in section (2) of this rule and after notice and hearing, may approve the implementation of a production unit of a specified size and shape, and a well configuration of a certain nature of operation, for the purpose of a cooperative development and operation project designed to maximize the ultimate recovery of oil or gas or both from the entirety of a single pool or particular portion thereof. All operators and owners in the proposed production unit shall enter into contractual agreement such that one (1) party is designated the operator of the production unit as a whole, and every owner pays his or her mutually agreed fair share of the drilling and operating costs and receives his or her fair share of the oil, gas, or both produced from the unit, or the profits derived from such production. Contractual agreement is achieved by way of the unitization process, which is either voluntary or involuntary as defined as follows:

(A) A voluntary unitization occurs when all operators and owners in the proposed production unit area are able to enter into a private contractual agreement willingly and of their own accord; and (B) An involuntary unitization occurs when one (1) or more operators or owners are not able to enter into a private contractual agreement willingly and of their own accord, and the council, upon application by any person or party representing the voluntarily agreed production unit proponents that collectively hold at least seventy-five percent (75%) of the right to drill into and to produce oil and gas from the pool and at least seventy-five percent (75%) of all mineral interest and after notice and hearing, may approve the implementation of the production unit and issue a unitization order that serves as a binding contractual agreement for all parties and that, if necessary, designates the operator of the production unit as a whole.

(2) Any applicant for a production unit for the

purpose of a cooperative development and operation project for enhanced recovery shall provide the following information to the council thirty (30) calendar days prior to the date of hearing:

(A) A description of the proposed production unit area, as specified in 10 CSR 50- 3.020(2);

(B) A detailed description of the exact nature of the proposed unit operations; and (C) Conformed copies of the applicable agreements, which may be composites of the executed counterparts.

JASONKANDER(2/29/16)

Agreements for Oil and Gas Pools10 CSR 50-4

**History**
- *AUTHORITY: sections 259.110 and 259.120, RSMo 2000. Original rule filed Sept. 15, 2015, effective March 30, 2016. Original authority: 259.110, RSMo 1965 and 259.120, RSMo 1965, amended 1972.*

### **Chapter 5** Special Projects and Research Projects

##### **10 CSR 50-5.010** Special Projects and Research Projects {#sec-10-csr-50-5.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 50-5.010}

PURPOSE: The oil and gas reserves of the state at any one (1) time consist of that fraction of discovered oil and gas that can be economically recovered using existing technology. Since optimum recovery is dependent upon engineering and scientific achievements as well as economics, any development of new processes represents an increase in oil and gas reserves as well as an improvement in oil and gas conservation practices. By carefully matching recovery processes to individual reservoirs, it should be possible to greatly extend the potential that exists in unconventional oil and gas deposits of Missouri. This rule permits the state geologist and the council to give special consideration to development of potential resources such as these.

(1) To encourage development of economic recovery of oil and gas reserves in the state, in particular the research and development leading to economic recovery of unconventional oil and gas reserves, research or special projects whose objective is to devise and develop methods may be approved by the state geologist as units complete within themselves. Unit approval may be obtained by submitting to the state geologist a project report specifying all pertinent details of the proposed research or development project. Blanket approval for an application for a permit to drill wells may be granted at the discretion of the state geologist, provided the location and numbers of the wells are anticipated with a reasonable degree of accuracy.

(2) No well drilled as an oil or gas well shall be drilled closer than approximately one hundred sixty-five feet (165') to a unit boundary.

(3) Reports of the pertinent details of overall project operation shall be submitted quarterly to the state geologist for his or her study and use. Confidentiality may be granted upon written request as required in 10 CSR 50- 1.020.

JASONKANDER(2/29/16)

**History**
- *AUTHORITY: section 259.060, RSMo 2000, and section 259.070, RSMo Supp. 2015. Original rule filed Sept. 12, 1973, effective Sept. 22, 1973. Amended: Filed Sept. 15, 2015, effective March 30, 2016. Original authority: 259.120, RSMo 1965, amended 1972 and 259.070, RSMo 1965, amended 1972, 1983, 1987, 1993, 1995, 2012, 2015.*

## **Division 60** Safe Drinking Water Commission

### **Chapter 1** Organization

##### **10 CSR 60-1.010** Public Drinking Water Program—Description of Organization and Methods of Operation {#sec-10-csr-60-1.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-1.010}

(Rescinded September 30, 2018)

Original rule filed June 14, 1976, effective Oct. 11, 1976. Rescinded: Filed May 4, 1979, effective Oct. 11, 1979. Refiled: May 4, 1979, effective Sept. 14, 1979. Amended:

Filed Aug. 4, 1987, effective Jan. 1, 1988.

Amended: Filed Dec. 4, 1990, effective July 8, 1991. Amended: Filed Feb. 1, 1996, effective Oct. 30, 1996. Rescinded: Filed Dec. 29, 2017, effective Sept. 30, 2018.

JOHNR. ASHCROFT(8/31/18)

**History**
- *AUTHORITY: section 640.100, RSMo (1994).*

### **Chapter 2** Definitions

##### **10 CSR 60-2.010** Installation, Extension, Testing and Operation of Public Water Supplies {#sec-10-csr-60-2.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-2.010}

(Rescinded October 11, 1979)

1973. Original rule filed Sept. 21, 1973, effective Oct. 1, 1973. Rescinded: Filed May 4, 1979, effective Oct. 11, 1979.

**History**
- *AUTHORITY: section 192.615, RSMo Supp.*

##### **10 CSR 60-2.015** Definitions {#sec-10-csr-60-2.015 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-2.015}

PURPOSE: This rule defines terms used in 10 CSR 60.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive.

This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) The terms used in 10 CSR 60 shall have the meanings set forth in the Missouri Safe Drinking Water Act, the federal Safe Drinking Water Act and regulations, or this

rule, unless the context of the term clearly requires otherwise. In the event of any conflict or inconsistency, the more stringent definition shall apply.

(2) Definitions.

(A) Terms beginning with the letter A.

1. Action level. The concentration of lead or copper in water which determines, in some cases, the treatment requirements, system modifications, public education, or other requirements as specified by the department that a water system is required to complete.

2. Air-gap separation. A backflow prevention assembly consisting of a physical separation between the free-flowing discharge end of a public water system pipeline and an open or nonpressurized receiving vessel. An approved air-gap separation shall be at least twice the diameter of the system pipe measured vertically above the overflow rim of the vessel. In no case shall the distance be less than one inch (1").

3. Alpha particle. A particle identical with a helium nucleus, emitted from the nucleus of a radioactive element.

4. Applicant. The legal name of the public water system for purposes of 10 CSR-60.

5. Auxiliary intake. Any piping, connection, or device whereby water may be secured from a source other than the primary source.

6. Auxiliary water system. Any supply or source of water other than the approved public water system.

(B) Terms beginning with the letter B.

1. Backflow. The undesirable reversal of flow of water or mixtures of water and other liquids, gases, or other substances into the public water system from any source(s).

2. Backflow hazard. Any facility which, because of the nature and extent of activities on the premises or the materials used in connection with the activities or stored on the premises, would present an actual or potential health hazard to customers of the public water system or would threaten to degrade the water quality of the public water system should backflow occur.

A. Class I backflow hazard. A backflow hazard which presents an actual or potential health hazard to customers of the public water system should backflow occur.

A list of customer facilities, not all inclusive, considered to be Class I backflow hazards is included in 10 CSR 60-11.010.

B. Class II backflow hazard. A backflow hazard which would threaten to degrade the water quality of the public water system should backflow occur. A list of customer facilities, not all inclusive, considered to be Class II backflow hazards is included in 10 CSR 60-11.010.

3. Backflow prevention assembly. An assembly designed to prevent the reverse flow of water or other substances from a customer facility back into the public water distribution system. See also definitions of air-gap separation, double check valve, and reduced pressure principle backflow prevention assembly.

4. Backflow prevention assembly tester.

A person who utilizes recognized backflow prevention assembly testing procedures to determine whether or not an assembly is functioning properly. Requirements for backflow prevention assembly tester certification are in 10 CSR 60-11.

5. Bag filters. Pressure-driven separation devices that remove particulate matter larger than one (1) micrometer using an engineered porous filtration media. They are typically constructed of a non-rigid, fabric filtration media housed in a pressure vessel in which the direction of flow is from the inside of the bag to the outside.

6. Bank filtration. Water treatment process that uses a well to recover surface water that has naturally infiltrated into ground water through a river bed or bank(s).

Infiltration is typically enhanced by the hydraulic gradient imposed by a nearby pumping water supply or other well(s).

7. Best available technology. The best technology, treatment, or other means which the department finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration). For the purpose of setting maximum contaminant levels for synthetic organic chemicals, any best available technology must be at least as effective as granular activated carbon.

8. Beta particle. A particle, identical with an electron, emitted from the nucleus of a radioactive element.

9. Breakpoint chlorination. The point at which sufficient chlorine has been applied to water to satisfy the chlorine demand which should result in a total chlorine residual of at least seventy-five percent (75%) free available chlorine.

(C) Terms beginning with the letter C.

1. Cartridge filters. Pressure-driven separation devices that remove particulate matter larger than one (1) micrometer using an engineered porous filtration media. They are typically constructed as rigid or semi-rigid, selfsupporting filter elements housed in pressure vessels in which flow is from the outside of the cartridge to the inside.

2. Certificate. The certificate of competency issued by the department stating that a person has met the requirements for the specified operator classification of the certification program under the provisions of 10 CSR 60-14.020.

3. Certificate of examination. A certificate issued to a person who passes a written examination but does not meet the experience requirements for the classification of examination taken.

4. Chief operator. The person designated by the owner of a public water system to have direct, on-site responsibility for the operation of a water treatment plant or water distribution system, or both.

5. Chloramines. All amino or imino groups in which the hydrogen has been replaced totally or in part by chlorine.

6. Class I backflow hazard. See backflow hazard.

7. Class II backflow hazard. See backflow hazard.

8. Clean compliance history. For the purposes of 10 CSR 60-4.022, a record of no E.coliMaximum Contaminant Level violations, no monitoring violations, and no coliform treatment technique trigger exceedances or treatment technique violations for a minimum of the previous twelve (12) consecutive months.

9. Coagulation. A process using coagulant chemicals and mixing by which colloidal and suspended materials are destabilized and agglomerated into flocs.

10. Combined chlorine residual. That portion of the total chlorine residual which is not free available chlorine.

11. Combined distribution system. The interconnected distribution system consisting of the distribution systems of wholesale systems and of the consecutive systems that receive finished water.

12. Community water system. A public water system which serves at least fifteen (15) service connections and is operated on a year-round basis or regularly serves at least twenty-five (25) residents on a year-round

basis.

13. Compliance cycle. A nine- (9-) year calendar year cycle during which public water systems must monitor. Each compliance cycle consists of three (3), three- (3-) year compliance periods. The first calendar year cycle begins January 1, 1993 and ends December 31, 2001 and continues in nine- (9-) year cycles thereafter.

14. Compliance period. A three- (3-) year calendar year period within a compliance cycle. Each compliance cycle has three (3), three- (3-) year compliance periods. The first compliance period begins at the start of a compliance cycle.

15. Confluent growth. A continuous bacterial growth covering the entire filtration area of a membrane filter, or a portion of the area, in which bacterial colonies are not discrete.

16. Consecutive system. A public water system that receives some or all of its finished water from one (1) or more wholesale systems. Delivery may be through a direct connection or through the distribution system of one (1) or more consecutive systems.

17. Consolidated formations. Earth material which has been created by geological processes, cemented, or compacted into a coherent or firm mass.

18. Containment. Protection of the public water system by installation of a department-approved backflow prevention assembly or air-gap separation at the user connection from the main service line(s).

19. Contaminant. Any physical, chemical, biological, or radiological substance or matter in water including, but not limited to, those substances for which maximum contaminant levels are established by the department.

20. Conventional filtration treatment. A series of treatment processes including coagulation, flocculation, sedimentation, and filtration resulting in substantial particulate removal.

A. Required treatment for ground water systems under the direct influence of surface water. One (1) stage of treatment must be provided as follows: rapid mix, flocculation, and sedimentation followed by filtration. Disinfection also shall be provided.

Raw water quality characteristics may require additional treatment.

B. Required treatment for surface water systems. Two (2) stages of treatment must be provided as follows: primary rapid mix, flocculation, and sedimentation followed by secondary rapid mix, flocculation, and sedimentation, operated in series, followed by filtration and disinfection contact storage. Raw water quality characteristics may require additional treatment.

21. Corrosion inhibitor. A substance capable of reducing the corrosivity of water toward metal plumbing materials, especially lead and copper, by forming a protective film on the interior surface of those materials.

22. Cross-connection. Any actual or potential connection or structural arrangement between a public water system and any other source or system through which it is possible to introduce into any part of the public water system any used water, industrial fluid, gas, or substance other than the intended potable water with which the system is supplied. By-pass arrangements, jumper connections, removable sections, swivel or change-over devices, and other temporary or permanent devices through which or because of which, backflow can or may occur are considered to be cross-connections.

23. CT. The product of the residual disinfectant concentration (C) in milligrams per Liter (mg/L) determined before or at the first customer and the corresponding disinfectant contact time (T) in minutes (that is, C multiplied by T (C × T)). (See also residual disinfectant concentration and disinfectant contact time.)

24. Customer. Any person who receives water from a public water system.

25. Customer service line. The pipeline from the public water system to the first tap, fixture, receptacle, or other point of customer water use or to the first auxiliary water system or pipeline branch in a building.

26. Customer water system. All piping, fixtures, and appurtenances, including auxiliary water systems, used by a customer to convey water on his/her premises.

(D) Terms beginning with the letter D.

1. Department. The Missouri Department of Natural Resources.

2. Department of Health. The Missouri Department of Health and Senior Services.

3. Director. The director of the Missouri Department of Natural Resources.

4. Disinfectant. Includes, but is not limited to, chlorine, chlorine dioxide, chloramines, and ozone added to water in any

part of the treatment or distribution process, that is intended to kill or inactivate pathogenic microorganisms.

5. Disinfectant contact time. The “T” in the equation CT. The time in minutes that it takes for water to move from the point of disinfectant application or the previous point of disinfectant residual measurement to a point before or at the point where residual disinfectant concentration (C) is measured as determined by a department-approved study as outlined in the Missouri Guidance Manual for Surface Water System Treatment Requirements, 1992.

6. Disinfection. A process which inactivates pathogenic organisms in water by chemical oxidants or equivalent agents.

7. Domestic or other nondistribution system plumbing problem. A coliform contamination problem in a public water system with more than one (1) service connection that is limited to the specific service connection from which the coliform-positive sample was taken.

8. Dose equivalent. The product of the absorbed dose from ionizing radiation and factors that account for difference in biological effectiveness due to the type of radiation and its distribution in the body as specified by the International Commission of Radiological Units and Measurements (ICRU).

9. Double check valve assembly. A backflow prevention assembly composed of two (2) single, independently acting, internally spring loaded, approved check valves including tightly closing resilient-seated shutoff valves located at each end of the assembly and fitted with properly located test cocks.

10. Dual sample set. A set of two (2) samples collected at the same time and same location, with one (1) sample analyzed for total trihalomethanes (TTHM) and the other sample analyzed for haloacetic acids 5 (HAA5). Dual sample sets are collected for the purposes of conducting an initial distribution system evaluation (IDSE) and determining compliance with the TTHM and HAA5 maximum contaminant levels (MCLs) under Stage 2 Disinfectants/Disinfection By-Products requirements.

(E) Terms beginning with the letter E.

1. Effective corrosion inhibitor residual.

For the purpose of the lead and copper provisions of these rules, a concentration sufficient to form a protective film on the interior walls 4CODE OF STATE REGULATIONS of a pipe.

2. Engineer. An individual registered as a professional engineer in Missouri.

3. Enhanced coagulation. The addition of sufficient coagulant for improved removal of disinfection byproduct precursors by conventional filtration treatment.

4. Enhanced softening. The improved removal of disinfection byproduct precursors by precipitative softening.

(F) Terms beginning with the letter F.

1. Facility. A single tract or contiguous tracts of land and any improvements on them, upon which one (1) or more service connections are located, and which, except for easements and public right-of-way, are wholly owned, leased, or otherwise subject to the control of the customer.

2. Filter profile. A graphical representation of individual filter performance, based on continuous turbidity measurements or total particle counts versus time for an entire filter run, from startup to backwash inclusively, that includes an assessment of filter performance while another filter is being backwashed.

3. Filtration. A process for removing particulate matter from water by passage through porous media.

4. Finished water. Water that is introduced into the distribution system of a public water system and is intended for distribution and consumption without further treatment, except treatment necessary to maintain water quality in the distribution system (for example, booster disinfection, addition of corrosion control chemicals).

5. Finished water storage facility. A tank, reservoir, or other man-made facility used to store potable water that will undergo no further treatment except residual disinfection.

6. First draw sample. A one (1) liter sample of tap water, collected in accordance with the lead and copper provisions of these rules only, that has been standing in plumbing pipes at least six (6) hours and is collected without flushing the tap.

7. Flocculation. A process to enhance the collection of smaller floc particles into larger, more easily settleable particles through gentle stirring by hydraulic or mechanical means.

8. Flowing stream. A course of running water flowing in a definite channel.

(G) Terms beginning with the letter G.

1. GAC10. Granular activated carbon filter beds with an empty-bed contact time of ten (10) minutes based on average daily flow and a carbon reactivation frequency of every one hundred eighty (180) days, except that the reactivation frequency for GAC10 used as a best available technology for compliance with Stage 2 Disinfectants/Disinfection By- Products is one hundred twenty (120) days.

2. GAC20. Granular activated carbon filter beds with an empty-bed contact time of twenty (20) minutes based on average daily flow and a carbon reactivation frequency of every two hundred forty (240) days.

3. Gross alpha particle activity. The total radioactivity due to alpha particle emission as inferred from measurements on a dry sample.

4. Gross beta particle activity. The total radioactivity due to beta particle emission as inferred from measurements on a dry sample.

5. Ground water under the direct influence of surface water (GWUDISW). Any water beneath the surface of the ground with either of the following:

A. Significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to climatological or surface water conditions. Direct influence must be determined for individual sources in accordance with criteria established by the department. The department’s determination of direct influence may be used on site-specific measurements of water quality or documentation of well construction characteristics, or both, and geology with field evaluation; or B. Significant occurrence of insects or other macroorganisms, algae, or large-diameter pathogens such as Giardia lamblia or Cryptosporidium.

(H) Terms beginning with the letter H.

1. Haloacetic acids (five) (HAA5). The sum of the concentrations in milligrams per liter of the haloacetic acid compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid, and dibromoacetic acid), rounded to two (2) significant figures after addition.

(I) Terms beginning with the letter I.

1. Initial Compliance Period. That period beginning January 1, 1993, for existing sources. For new water supply sources, the first full three- (3-) year compliance period which begins no more than eighteen (18) months after the source is placed in service.

2. Iron removal. The removal of iron and manganese from a ground water source with the treated water being exposed to aeration and chemical oxidation, pH adjustment, sedimentation and filtration.

(J) Terms beginning with the letter J.

(Reserved)

(K) Terms beginning with the letter K.

(Reserved)

(L) Terms beginning with the letter L.

1. Lake/reservoir. A natural or manmade basin or hollow on the earth’s surface in which water collects or is stored that may or may not have a current or single direction of flow.

2. Lead service line. A service line made of lead which connects the water main to the building inlet and any lead pigtail, gooseneck, or other fitting which is connected to that lead line.

3. Legionella. A genus of bacteria some species of which have caused a type of pneumonia called Legionnaires disease.

4. Level 1 assessment is an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. It is conducted by the system operator or owner. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., whether a ground water system is disinfected); existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with any department directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system.

5. Level 2 assessment is an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. A Level 2 assessment provides a more detailed examination of the system (including the system’s monitoring and operational practices) than does a Level 1 assessment through the use of more comprehensive investigation and review of available information, additional internal and external resources, and other relevant practices. It is conducted by an individual approved by the department, which may include the system operator. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., whether a ground water system is disinfected); existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with any department directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system. The system must comply with any expedited actions or additional actions required by the department in the case of an E. coliMCL violation.

6. Lime softening. The application of lime to reduce the concentrations of calcium and magnesium and, to a lesser extent, iron, manganese, or radionuclides from source water.

7. Locational running annual average (LRAA). The average of sample analytical results for samples taken at a particular monitoring location during the previous four (4) calendar quarters.

(M) Terms beginning with the letter M.

1. Man-made beta particle and photon emitters. All radionuclides emitting beta particles, photons, or both, except the daughter products of thorium 232, uranium 235, and uranium 238, listed in the EPA Implementation Guidance for Radionuclides,

Appendix J.

2. Maximum contaminant level (MCL).

The maximum permissible level, as established in 10 CSR 60-4, of a contaminant in any water which is delivered to any user of a public water system.

3. Maximum contaminant level goal (MCLG). A level of a contaminant in drinking water at which no known or anticipated adverse effect on the health of persons would occur and which allows an adequate margin of safety. MCLGs are nonenforceable health goals.

4. Maximum residual disinfectant level (MRDL). A level of a disinfectant that may not be exceeded at the consumer’s tap without an unacceptable possibility of adverse health effects.

5. Maximum residual disinfectant level goal (MRDLG). The maximum level of a disinfectant added for water treatment at which no known or anticipated adverse effect on the health of persons would occur, and which allows an adequate margin of safety.

MRDLGs are nonenforceable health goals and do not reflect the benefit of the addition of the chemical for control of waterborne microbial contaminants.

6. Maximum total trihalomethane potential (MTTHMP). The maximum concentration of total trihalomethanes produced in a given water containing a disinfectant residual after seven (7) days at a temperature of twenty-five degrees Celsius (25 °C) or above.

7. Membrane filtration. Pressure or vacuum driven separation process in which particulate matter larger than one (1) micrometer is rejected by an engineered barrier, primarily through a size-exclusion mechanism, and which has a measurable removal efficiency of a target organism that can be verified through the application of a direct integrity test. This definition includes the common membrane technologies of microfiltration, ultrafiltration, nanofiltration, and reverse osmosis.

8. Missouri Guidance Manual for Surface Water System Treatment Requirements, 1992.

This document is published by the Missouri Department of Natural Resources, PO Box 176, Jefferson City, MO 65102-0176, dated 1992, which is hereby incorporated by reference without any later amendments or modifications.

9. Missouri Safe Drinking Water Law.

The Revised Statutes of Missouri, sections 640.100 through 640.140.

(N) Terms beginning with the letter N.

1. Near the first service connection. At one (1) of the twenty percent (20%) of all service connections in the entire system that are nearest the water supply treatment facility, as measured by water transport time within the distribution system.

2. Nontransient noncommunity water system. A public water system that is not a community water system and that regularly serves at least twenty-five (25) of the same persons over six (6) months per year.

(O) Terms beginning with the letter O.

1. On-site inspection. An on-site review of the water source, facilities, equipment, operation, and maintenance of a public water system for the purpose of evaluating the adequacy of that source, facilities, equipment, operation, and maintenance for producing and distributing safe drinking water.

2. Operator. Any individual who operates or determines the methods of operating a water system, either directly or by order.

3. Optimal corrosion control treatment.

For the purpose of the lead and copper provisions of these rules only, means the corrosion control treatment that minimizes the lead and copper concentrations at users’ taps while insuring that the treatment does not cause the water system to violate any other drinking water regulations.

(P) Terms beginning with the letter P.

1. Person. Any individual, partnership, co-partnership, firm, company, public or private corporation, association, homeowners’ association, joint stock company, trust, estate, political subdivision or any agency, board, department, or bureau of the state or federal government, or any other legal entity whatever, which is recognized by law as the subject of rights and duties.

2. Picocurie (pCi). The quantity of radioactive material producing 2.22 nuclear transformations per minute.

3. Plant intake. The works or structures at the head of a conduit through which water is diverted from a source (for example, river or lake) into the treatment plant.

4. Point of entry treatment device (POE). A treatment device applied to the drinking water entering a house or other building for the purpose of reducing contaminants in the drinking water distributed throughout the house or building.

5. Point of use treatment device (POU).

A treatment device applied to a single tap for the purpose of reducing contaminants in the drinking water at that tap.

6. Presedimentation. A preliminary treatment process used to remove gravel, sand, and other particulate material from the source water through settling before the water enters the primary clarification and filtration processes in a treatment plant.

7. Primary public water system. A public water system which obtains its source of water directly from a well, infiltration gallery, lake, reservoir, river, spring, or stream.

8. Public water system. A system for the provision to the public of piped water for human consumption, if the system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year. The system includes any collection, treatment, storage, or distribution facilities used in connection with the system. A public water system is either a community water system or a noncommunity water system.

(Q) Terms beginning with the letter Q.

1. Quarterly. Unless otherwise specified in 10 CSR 60, quarterly refers to the calendar quarters, January through March, April through June, July through September, and October through December.

(R) Terms beginning with the letter R.

1. Radioactivity. The spontaneous, uncontrollable disintegration of the nucleus of an atom with the emission of particles and rays.

2. Rapid mix. The rapid dispersion of chemicals throughout the water to be treated by violent agitation.

3. Reduced pressure principle backflow prevention assembly. A device containing two (2) independently acting, internally spring loaded, approved check valves, together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and below 6CODE OF STATE REGULATIONS the first check valve. The unit shall include properly located test cocks and tightly closing, resilient-seated shut-off valves at each end of the assembly.

4. Rem. The unit of dose equivalent from ionizing radiation to the total body or any internal organ or organ system. A millirem (mrem) is one one-thousandth (1/1000) of a rem.

5. Repeat compliance period. Any subsequent compliance period after the initial compliance period.

6. Residual disinfectant concentration.

The “C” in the equation CT. The concentration of disinfectant measured in milligrams per liter (mg/L) in a representative sample of water.

7. Rural. Shall not include any area in any city or town which has a population in excess of ten thousand (10,000) inhabitants according to the latest reliable population estimate for purposes of 10 CSR 60-13.010.

(S) Terms beginning with the letter S.

1. Sanitary defect is a defect that could provide a pathway of entry for microbial contamination into the distribution system or that is indicative of a failure or imminent failure in a barrier that is already in place.

2. Sanitary survey. An on-site engineering inspection and review of a public water system—its supply source(s), treatment of supply source(s), treatment facilities, and distribution system(s), for the purpose of evaluating their adequacy, reliability, and safety for producing and distributing drinking water.

3. Seasonal system is a non-community water system that is not operated as a public water system on a year-round basis and starts up and shuts down at the beginning and end of each operating season.

4. Secondary contaminant levels. Those contaminant levels established by the department for contaminants which may affect the taste, odor, color, staining, and scale-forming tendencies of water.

5. Secondary public water system. A public water system which obtains all its water from an approved public water system(s), consists of a water distribution system, and resells the water or is a carrier which conveys passengers in interstate commerce. Parts of a primary public water system may be classified as being a secondary public water system if they meet this definition and are physically separated from those parts served by the source for the primary public water system.

6. Sedimentation. A process for removal of solids before filtration by gravity separation.

7. Service connection. Any water line or pipe connected to a water distribution main or pipe for the purpose of conveying water to a point of use.

8. Service line sample. A one (1) liter sample of water, collected in accordance with the lead and copper provisions of these rules only, that has been standing for at least six (6) hours in a service line.

9. Single family structure. For the purpose of the lead and copper provisions of these rules only, a building constructed as a single family residence that is currently used as either a residence or a place of business. 10.Standard Methods for the Examination of Water and Wastewater, 18th Edition. This refers to the document published by the American Public Health Association, American Water Works Association, and the Water Environmental Federation in 1992 which is hereby incorporated by reference without any later amendments or modifications. To obtain a copy, contact the American Public Health Association at 1015 Fifteenth Street NW, Washington DC, 20005.

11. Subdivision. Any land which is divided, or proposed to be divided, into fifteen (15) or more lots or tracts, whether contiguous or not, for the purpose of sale, lease, rental, or construction of permanent structures on lots or tracts as part of a common plan; or where subdivided land is offered for sale or lease, or where structures are constructed by a single developer or a group of developers acting in concert and where the lots or land or structures are contiguous or known, designated, or advertised as a common unit or by a common name. The lots or land tracts and structures shall be presumed, without regard to the number of lots or dwellings covered by each individual offering, as being offered for sale or lease as part of a common plan.

12. Supplier of water. Any person who owns, controls, or operates a public water system.

13. Surface water. All water which is open to the atmosphere and subject to surface runoff; this includes all tributary streams and drainage basins, natural lakes, and artificial reservoirs above the point of the water supply intake.

14. System with a single service connection. A system which supplies drinking water to consumers via a single service line.

(T) Terms beginning with the letter T.

1. Too numerous to count (TNTC). The total number of bacterial colonies exceeds two hundred (200) on a forty-seven millimeter (47 mm) diameter membrane filter used for coliform detection.

2. Total organic carbon (TOC). Total organic carbon in milligrams per liter (mg/L) measured using heat, oxygen, ultraviolet irradiation, chemical oxidants, or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to two (2) significant figures.

3. Total trihalomethanes (TTHM). The sum of the concentration in mg/L of the trihalomethane compounds, trichloromethane (chloroform), dibromochloromethane, bromodichloromethane, and tribromomethane (bromoform), rounded to two (2) significant figures.

4. Transient noncommunity water system. A public water system that is not a community water system, which has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year.

5. Treated water. Water which is handled or processed in any manner to change the physical, chemical, biological, or radiological content and includes water exposed to the atmosphere by aeration.

6. Trihalomethane (THM). One (1) of the family of organic compounds, named as derivatives of methane, where three (3) of the four (4) hydrogen atoms in methane are each substituted by a halogen atom in the molecular structure.

7. Two- (2-) stage lime softening. A process in which chemical addition and hardness precipitation occur in each of two (2) distinct unit clarification processes in series prior to filtration.

(U) Terms beginning with the letter U.

1. Unconsolidated formations. Earth material (sand, gravel, silt, clay) which is uncemented and uncompacted and which has been deposited by a natural process. This material retains loose or relatively soft physical characteristics.

2. Uncovered finished water storage facility. A tank, reservoir, or other facility used to store water that will undergo no further treatment to reduce microbial pathogens except residual disinfection and is directly open to the atmosphere. (Note: uncovered finished water storage facilities are prohibited under 10 CSR 60-4.080(7).)

(V) Terms beginning with the letter V.

1. Virus. A virus of fecal origin which is infectious to humans by waterborne transmission.

(W) Terms beginning with the letter W.

1. Water distribution main. A pipe within the water distribution system that delivers finished drinking water from a water supply source, treatment plant, or storage tank to a service connection, hydrant, or to a customer service line.

2. Water distribution system. All piping, conduits, valves, hydrants, storage facilities, pumps, and other appurtenances, excluding service connections, which serve to deliver water from a water treatment plant or water supply source to the public.

3. Water system. All sources from which water is derived for drinking or domestic use by the public, also all structures, conduits, and appurtenances by means of which water for use is treated, stored, or delivered to consumers, except service connections from water distribution systems to buildings and plumbing within or in connection with buildings served.

4. Water supply source. All sources of water supply including wells, infiltration galleries, springs, reservoirs, lakes, streams, or rivers from which water is derived for public water systems, including the structures, conduits, pumps, and appurtenances used to withdraw water from the source or to store or transport water to the water treatment facility or water distribution system. 5.Water treatment facility. A facility which uses specific processes such as sedimentation, coagulation, filtration, disinfection, aeration, oxidation, ion exchange, fluoridation, or other processes which serve to add components or to alter or remove contaminants from a water supply source.

6. Waterborne disease outbreak. The significant occurrence of acute infectious illness associated with the ingestion of water as declared by the Department of Health and Senior Services.

7. Wholesale system. A public water system that treats source water as necessary to produce finished water and then delivers some or all of that finished water to another public water system. Delivery may be through a direct connection or through the distribution system of one (1) or more consecutive systems.

Amended: Filed June 2, 1988, effective Aug. 31, 1988. Amended: Filed Dec. 4, 1990, effective July 8, 1991. Amended: Filed July 12, 1991, effective Feb. 6, 1992. Amended:

Filed March 31, 1992, effective Dec. 3, 1992.

Amended: Filed Aug. 4, 1992, effective May 6, 1993. Amended: Filed Dec. 14, 1992, effective Aug. 9, 1993. Amended: Filed May 4, 1993, effective Jan. 13, 1994. Amended:

Filed Feb. 1, 1996, effective Oct. 30, 1996.

Amended: Filed Jan. 2, 1997, effective Dec. 29, 1997. Amended: Filed Dec. 15, 1999, effective Sept. 1, 2000. Amended: Filed March 17, 2003, effective Nov. 30, 2003.

Amended: Filed Feb. 27, 2009, effective Oct. 30, 2009. Amended: Filed Aug. 12, 2015, effective March 30, 2016. Amended: Filed April 13, 2018, effective Dec. 30, 2018. *Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999, 2002, 2006, 2012, 2014.

**History**
- *AUTHORITY: section 640.100, RSMo 2016. Original rule filed May 4, 1979, effective Sept. 14, 1979. Amended: Filed April 14, 1981, effective Oct. 11, 1981. Amended: Filed July 11, 1986, effective Jan. 1, 1987.*

##### **10 CSR 60-2.020** Grants for Public Water Supply Districts, Sewer Districts, Rural Community Water Supply and Sewer Systems and Certain Municipal Sewer Systems {#sec-10-csr-60-2.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-2.020}

(Moved to 10 CSR 60-13.010)

8CODE OF STATE REGULATIONS

### **Chapter 3** Permits

##### **10 CSR 60-3.010** Construction Authorization, Final Approval of Construction, Owner-Supervised Program, and Permit to Dispense Water {#sec-10-csr-60-3.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-3.010}

PURPOSE: This rule sets out criteria for acquisition and revocation of a permit to dispense water to the public, including submission of predesign studies and plans and specifications, system operation and reliability of the system.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive.

This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) Community Water System and Subdivision Requirements.

(A) Written Construction Authorization. A supplier of water must obtain written authorization from the department prior to construction, alteration, or extension of any community water system or a water system serving a subdivision, unless the project will be constructed under the provisions of 10 CSR 60-10.010(2)(C)2. or the project is exempt as specified in 10 CSR 60-3.010(4).

1. Two (2) copies of predesign studies pertaining to the project must be submitted to the department before plans and specifications for new water systems or for significant changes to existing water systems are reviewed for approval.

2. Construction authorization shall be requested by submitting written application and two (2) copies of the plans and specifications, as outlined in 10 CSR 60-10.010(2), for the proposed project to the department for review and approval.

3. Preparation of engineering reports, plans, and specifications and inspection of construction for the purpose of assuring compliance with drawings and specifications must be done by an engineer as defined by 10 CSR 60-2.015(2)(E)2.

4. A construction authorization shall be valid for a period of two (2) years from the date of authorization provided construction commences within the two (2) year timeframe.

(B) Final Construction Approval. Final construction approval must be obtained from the department for all projects for which construction authorization was issued, before that project is placed into service. A supplier of water which operates a community water system need not obtain construction approval for projects constructed under the provisions of 10 CSR 60-10.010(2)(B).

(C) Supervised Construction Program. A supplier of water which operates a community water system may establish a supervised construction program as specified in 10 CSR 60-10.010(2)(B).

(D) Permit to Dispense. Except as exempted in subsection (3)(A) of this rule, no water may be dispensed or be made available to the public by any person without first applying for in writing and receiving a permit to dispense water. The department shall issue permits to dispense water to community water systems under the following terms and conditions:

1. A supplier of water establishing a new community water system must, in order to obtain a permit to dispense water— A. Comply with the requirements of 10 CSR 60-10.010;

B. Present evidence of the ability to produce water meeting applicable maximum contaminant levels;

C. Present evidence of reliable water system operation, consistent with the type of treatment and the degree of automatic control provided;

D. Complete an emergency operating plan as described in 10 CSR 60-12.010; and E. For community water systems commencing operation after October 1, 1999, provide proof of continuing operating

B. Present evidence of reliable water system operation, consistent with the type of treatment and the degree of automatic control provided;

C. Submit, in duplicate, certified plans and specifications describing the water source, any treatment facilities and the distribution system to the department. Certification must be either by the engineer preparing the information or if prepared by the owner, be a properly notarized affidavit;

D. Provide disinfection with an effective contact time for wells used as a source of supply which were constructed prior to October 1, 1979, and which do not meet community water system construction criteria or where construction cannot be verified by the owner; and E. Complete an emergency operating plan as described in 10 CSR 60-12.010.

(2) Noncommunity Water System Require- (A) Permit to Dispense. Except as exempted in subsection (3)(A) of this rule, a supplier of water which operates a noncommunity water system must apply in writing to the department for a permit to dispense water to the public. Noncommunity public water systems must present evidence to the department of— 1. The ability to produce water meeting applicable maximum contaminant levels;

2. Reliable water system operation, consistent with the type of treatment and the degree of automatic control provided; and 3. For nontransient noncommunity water systems commencing operation after October 1, 1999, continuing operating

(B) Construction Authorization. Each noncommunity supplier of water must notify the department, in advance, of the intent to construct a new or expand an existing water system unless the project is exempt as specified in 10 CSR 60-3.010(4).

1. Noncommunity water systems must obtain written authorization from the department prior to construction, alteration, or extension of the system.

2. Noncommunity water systems utilizing groundwater shall be constructed in accordance with the department’s “Standards for Non-Community Public Water Supplies, 1982,”document published by the Department of Natural Resources, PO Box 176, Jefferson City, MO 65102-0176, dated 1982 which is hereby incorporated by reference without any later amendments or additions.

(3) Permits to Dispense Water.

(A) Applicability.

1. A water supply meeting all the following conditions is not considered a public water system and as such, is not required to have a permit to dispense if that water supply:

A. Consists only of distribution and storage facilities;

B. Obtains all of its water from, but is not owned or operated by a public water system to which the regulations apply;

C. Does not sell water to any person; and D. Is not a carrier which conveys passengers in interstate commerce.

2. Water systems serving subdivisions are public water systems unless each lot or tract is supplied by a private well with no interconnections to a distribution system and must have a permit to dispense water when serving the thresholds established for community and noncommunity public water systems.

3. Community and noncommunity water systems except as exempted in paragraph (3)(A)1. and 2. of this rule must have a permit to dispense water.

(B) Modification or Revocation of a Permit to Dispense. The department may modify or revoke a permit to dispense water, subject to the appeal provisions of section 640.115.5, RSMo, upon a finding that any of the following have occurred:

1. The holder of a permit ceases to function as a public water supply;

2. The holder of a permit fails to correct an operating deficiency or comply with these regulations within a reasonable time after receipt of notice from the department;

3. The department determines that an emergency condition exists in a water supply which endangers, or could be expected to endanger, the health of a person(s) consuming affected water;

4. The public water system changes ownership and the continuing operating

(4) Construction Authorization Exemptions.

(A) The following types of projects are exempt from obtaining construction authorization prior to construction:

1. Repair of water main leaks and breaks with the same size and type of pipe;

2. Replacement of a well pump of the same type, horsepower, pump rate, and elevation;

3. Replacement of a bladder tank with a storage capacity of less than one hundred twenty (120) gallons with the same size bladder tank;

4. Painting of a storage tank with paint approved by the National Sanitation Foundation/American National Standards Institute (NSF/ANSI);

5. Internal plumbing and piping replacement within a water system treatment facility;

6. Replacement of a fire hydrant with a hydrant of the same size, type, and flow rate; and/or 7. Subdivisions where each lot or tract is supplied by a private well with no interconnections to a distribution system.

RSMo 2016.* Original rule filed May 4, 1979, effective Sept. 14, 1979. Amended:

Filed April 14, 1981, effective Oct. 11, 1981.

Amended: Filed Aug. 13, 1982, effective Dec. 11, 1982. Amended: Filed Aug. 4, 1987, effective Jan. 1, 1988. Amended: Filed July 12, 1991, effective Feb. 6, 1992. Amended:

Filed Feb. 1, 1996, effective Oct. 30, 1996.

Emergency amendment filed September 20, 1999, effective September 30, 1999, expired March 27, 2000. Amended: Filed July 1, 1999, effective March 30, 2000. Amended:

Filed June 13, 2018, effective Feb. 28, 2019.

**History**
- *authority as set forth under 10 CSR 60-3.020 and meet the technical, managerial and financial capacity requirements of 10 CSR 60- 3.030; and 2. A supplier of water which operates an existing community water supply not holding a valid permit to dispense water is operating in violation of the Missouri drinking water statutes and regulations and must apply to the department in writing for a permit. Water suppliers in this category must— A. Present evidence to the department of the ability to produce water meeting applicable maximum contaminant levels;*
- *authority meeting the requirements of 10 CSR 60-3.020 and technical, managerial and financial capacity meeting the requirements of 10 CSR 60-3.030.*
- *authority, as defined in 10 CSR 60-3.020, fails to meet the requirements of 10 CSR 60- 3.020; or 5. For community water systems and nontransient noncommunity water systems against which an administrative order has been issued for significant noncompliance with the federal or state drinking water law or regulations, the water system fails to show that a permanent organization exists that serves as the continuing operating authority and that the continuing operating authority has the necessary technical, managerial, and financial capability for the management, operation, replacement, maintenance, and modernization of the public water system, or the water system is not making substantial progress toward compliance. The continuing operating authority may reapply for a permit to dispense when the compliance issues are resolved.*

##### **10 CSR 60-3.020** Continuing Operating {#sec-10-csr-60-3.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-3.020}

PURPOSE: This rule establishes continuing operating authority requirements for public water systems.

(1) Applicability. This rule applies to— (A) Public water systems commencing operation after October 1, 1999;

(B) Public water systems changing ownership; and (C) Community water systems and nontransient noncommunity water systems in significant noncompliance.

(2) Definitions.

(A) The terms and definitions in 10 CSR 60-2.015 apply to this rule.

(B) Continuing operating authority means the permanent organization, entity or person identified on the permit to dispense water who is responsible for the management, operation, replacement, maintenance and modernization of the public water system in compliance with the Missouri Safe Drinking Water Law and rules.

(3) Public Water Systems Commencing Operation After October 1, 1999. Owners/operators of public water systems applying for written construction authorizations or permits to dispense water, or both, shall show in accordance with section (6) of this rule, as

part of their application, that a permanent organization exists which will serve as the continuing operating authority for the management, operation, replacement, maintenance and modernization of the facility for which the application is made. The department will not issue written construction authorizations and permits to dispense unless the applicant provides proof satisfactory to the department that a continuing operating

(4) Permit Review Upon Change in Ownership.

(A) Prior to a change of continuing operating authority, the current continuing operating authority shall notify the department of the pending change at least ninety (90) calendar days prior to ownership transfer. The department will perform a permit review within forty-five (45) calendar days of notice of the ownership transfer to assess the following:

1. The proposed continuing operating

2. The public water system is in compliance with applicable maximum contaminant levels and monitoring requirements of 10 CSR 60-4; and 3. The public water system is in compliance with the minimum positive pressure requirement of 10 CSR 60-4.080(8).

4CODE OF STATE REGULATIONS

(1/29/19) JOHNR. ASHCROFT

(B) The permit to dispense water shall continue in effect until the department takes an action to issue a permit to the proposed new continuing operating authority or to deny the permit to the proposed new continuing operating authority based on the following criteria:

1. If the review shows that the proposed continuing operating authority and public water system meet all requirements in sub-

section (4)(A), the department will issue a new permit to dispense when ownership transfer is complete showing the new owner as the continuing operating authority responsible for the management, operation, replacement, maintenance, and modernization of the public water system in compliance with the Missouri Safe Drinking Water Law and rules;

2. If the review shows the new continuing operating authority meets the requirement in paragraph (4)(A)1., but the public water system does not meet the requirements in paragraphs (4)(A)2. and 3., the department will negotiate an agreement with the proposed continuing operating authority for achieving compliance with these requirements. Upon completion of the agreement and when ownership transfer is complete, the department will issue a new permit to dispense water to the new continuing operating

(5) Requirements for Community Water Systems and Nontransient Noncommunity Water Systems in Significant Noncompliance.

(A) Any community public water system or nontransient noncommunity public water system against which an administrative order has been issued for significant noncompliance with the federal Safe Drinking Water Act as amended or sections 640.100–640.140, RSMo or federal or state rules promulgated thereunder shall show that— 1. A permanent organization exists that serves as the water system’s continuing operating authority; and 2. The continuing operating authority has the necessary technical, managerial, and financial capability for the management, operation, replacement, maintenance, and modernization of the public water system.

(B) If the public water system cannot show that such continuing operating authority exists, or if the public water system is not making substantial progress toward compliance with the administrative order, the public water system’s technical, managerial and financial capacity will be reviewed and the permit to dispense may be revoked. The continuing operating authority may reapply for a permit to dispense when the compliance issues identified in the administrative order are resolved.

(6) Continuing Operating Authorities.

(A) Continuing operating authorities to whom the department will issue written construction authorizations under section (3) of this rule and permits to dispense water are listed here in preferential order. An applicant proposing a facility within the legal boundaries of an existing higher preference continuing operating authority may utilize a lower preference continuing operating authority by submitting, as part of the application, documentation that water service is not available from each existing higher preference continuing operating authority, or a statement from each existing higher preference continuing operating authority waiving its preferential status.

1. Municipality, public water supply district, and water system regulated by the Missouri Public Service Commission (PSC).

(Note: Written construction authorizations and permits to dispense water will not be issued to a continuing operating authority regulated by the PSC until the continuing operating authority has obtained a certificate of convenience and necessity from the PSC.)

2. Any person showing complete control over and responsibility for the public water system and all property served by it.

3. Any incorporated association of property owners served by a public water system provided that— A. The incorporated association owns the facility and has authority to lay all necessary water lines;

B. All property owners within the boundaries of the association have adopted covenants covering the land of each property owner, which assure connection to the system when it is available and compliance with the bylaws and rules of the association;

C. The bylaws of the association, or other appropriate documents, provide for the proper management, operation, replacement, maintenance, and modernization of the facility including at a minimum:

(I) The power to regulate the use of the facility;

(II) The power to levy assessments on its members and enforce these assessments on each owner; and (III) The power to convey the facility to one (1) of the continuing operating authorities listed in subsection (6)(A) of this

rule;

D. The documents establishing the continuing operating authority and the covenants called for in subparagraph (6)(A)3.B. of this rule shall be properly recorded with the recorder of deeds in the county or counties where the land within the boundaries of the association lies and a certified copy of the recorded document shall be provided to the department. Additionally, a current title search certified by a title insurance company authorized to do business in Missouri showing the owners of record of all real estate within the boundaries of the association and all lienholders must be provided to the department; all lienholders must subordinate their interest to the covenants; and E. The association is incorporated as a corporation under the laws of the state of Missouri and a current Certificate of Good Standing from the Missouri secretary of state and a certified copy of the Articles of Incorporation are provided to the department.

(B) The term “available” as used in sub-

section (6)(A) of this rule shall mean the water system’s distribution line is located within a reasonable distance of the potential water customer; the water system will be accessible in a timely manner that will not cause a hardship on the potential water customer; and the water service will be provided at reasonable cost.

(7) Continuing Operating Authority Responsibilities. To ensure the dispensing of safe and adequate supplies of drinking water to its customers, the continuing operating authority for each public water system shall be responsible for all necessary: source withdrawal facilities, treatment facilities, and/or distribution facilities which the public water system owns or leases. The continuing operation authority shall have such valid lease agreements, contracts and properly recorded easements, as necessary, to allow access for new construction, repair, replacement, maintenance, and operation of all facilities.

(8) Private Water Corporations. Private corporations which are not incorporated under the laws of the state of Missouri shall be represented by a registered agent in the state of Missouri before a written authorization to construct or a permit to dispense water will be issued by the department.

RSMo 2016.* Emergency rule filed Sept. 20, 1999, effective Sept. 30, 1999, expired March 27, 2000. Original rule filed July 1, 1999, effective March 30, 2000. Amended: Filed June 13, 2018, effective Feb. 28, 2019.

**History**
- *Authority*
- *authority exists that shall have jurisdiction over the facility. Written construction authorizations and permits to dispense water will be issued to the continuing operating authority. The permit shall be valid only for the continuing operating authority to which the permit is issued.*
- *authority meets the continuing operating*
- *authority requirements of this rule;*
- *authority; and 3. If the review shows the proposed continuing operating authority does not meet the requirement in paragraph (4)(A)1., the permit to dispense water will be denied.*

##### **10 CSR 60-3.030** Technical, Managerial, and Financial Capacity {#sec-10-csr-60-3.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-3.030}

PURPOSE: This rule establishes minimum technical, managerial, and financial capacity requirements for community and nontransient noncommunity water systems commencing operation after October 1, 1999.

(1) Applicability. This rule applies to community and nontransient noncommunity water systems commencing operation after October 1, 1999.

(2) General Requirements.

(A) Community and nontransient noncommunity water systems commencing operation after October 1, 1999, shall show, as part of their permit application, that the public water system will meet the requirements of this

rule. The department will not issue a permit to dispense water until requirements of this

rule are met.

(B) Public water systems commencing operation after October 1, 1999 shall show as

part of their application that the public water system will meet the minimum technical, managerial, and financial capacity requirements of this rule. The department will not issue a written construction authorization until it determines that the proposed water system will meet the requirements of this

rule.

(C) Community and nontransient noncommunity water systems shall maintain compliance with this rule and shall provide the department with information during sanitary surveys and upon written request for the department’s use in assessing their compliance with this rule.

(3) Minimum Technical, Managerial, and Financial Capacity Requirements.

(A) Minimum Technical Capacity Require- 1. All community water systems subject to this rule must conform to construction requirements in 10 CSR 60-10.010.

2. All nontransient noncommunity water systems subject to this rule must conform to construction requirements in 10 CSR 60- 3.010(2).

3. All public water systems subject to this rule shall have a sufficient number of operators certified and equipped as required in 10 CSR 60-14 to provide proper operation and maintenance of all source, treatment, storage, and distribution facilities so that the public water system meets all requirements of sections 640.100-640.140, RSMo and regulations promulgated thereunder.

4. All public water systems subject to this rule shall have and maintain an updated distribution system map showing, at a minimum, the size and location of all waterlines, valves, hydrants, storage facilities, pumping facilities, treatment facilities, and water sources and shall make the map available to the department on request.

(B) Minimum Managerial Capacity Requirements.

1. Community and nontransient noncommunity water systems subject to this rule shall maintain a list that shows position titles, names, business addresses, and telephone numbers of individuals that provide drinking water functions, including the person(s) or legal entity who owns the public water system.

An updated copy of the list shall be made available to the depart ment.

2. Community and nontransient nonshall designate a person or persons who will receive customer complaints and shall have a written procedure for receiving, investigating, resolving, and recording customer complaints. The name, title, business address, business telephone number, and office hours of the person(s) designated to receive complaints shall be publicly displayed, along with the written complaint procedure. Complaint records shall be kept for a minimum of five (5) years and shall be made available to the department upon request. Results of investigations shall be used as part of the planning process for future improvements.

3. Community and nontransient nonshall have a written rate structure and service fees, and the rate structure and service fees shall be publicly displayed and shall be made available to the department upon request.

4. Community and nontransient nonshall hold at least one (1) public meeting prior to changing the rate structure or service fees and shall notify the customers in advance of the public meeting by posting notice in the principal business office and providing notice in the area served, unless the rate increase procedure is regulated by other state or federal regulations. Records of customers’ notice and summary of the public meeting shall be kept for a minimum of five (5) years and shall be made available to the department upon request.

5. Community and nontransient nonshall designate a person to deal with compliance-related issues in accordance with the public drinking water regulations in 10 CSR 60, including reporting and public notice requirements. This person shall be trained in public drinking water regulation requirements and shall act as liaison with the department on drinking water issues. The department will refer compliance actions to this person.

The name, position title, business address, business telephone number, and office hours for this person shall be made available to the department and the department shall be notified within thirty (30) calendar days of any change.

(C) Minimum Financial Capacity Require- 1. Community and nontransient nonshall adhere to standard accounting practices in accordance with the Generally Accepted Accounting Principles and Practices, or the National Association of Regulated Utility Companies Uniform System of Accounts, as appropriate.

2. Community and nontransient nonshall develop and implement a system of collection of water fees that includes disconnection of service for nonpayment or other measures for obtaining payment. The total of uncollected fees and the percentage of uncollected fees compared to sum of collected and uncollected fees shall be recorded monthly.

These records shall be made available to the department upon request.

3. Community and nontransient nonshall develop an annual budget showing public water system revenues and expenditures, shall prepare a report at the end of each fiscal year showing public water system revenues and expenditures for that year and a comparison with the annual budget prepared for that year, and shall prepare a five (5)-year capital improvement budget and capital improvement plan that will be updated annually. The capital improvement plan shall include the potential financial impacts of future regulations. These records shall be kept for a minimum of ten (10) years and shall be made available to the department upon request.

4. Annual revenues shall cover all public water system costs for the system including operating costs, maintenance costs, debt service costs, operating reserves, debt service reserves, emergency equipment replacement reserves, and revenue collection costs.

5. Community and nontransient nonand not subject to state regulation of rates for water service, in addition to all other financial capacity requirements, shall have and 6CODE OF STATE REGULATIONS (1/29/19) JOHNR. ASHCROFT maintain— A. An operating reserve equal to or greater than one-tenth (1/10) of the annual operations and maintenance budget. The public water system must establish this reserve in at least annual payments not to exceed ten (10) years. Funds from the operating reserve shall be used for operating and maintenance expenses only and shall be replaced within ten (10) years from the date of use. This reserve shall be invested in an account with ready access to the funds.

Records of this reserve shall be made available to the department upon request. Other private, state, or federal reserves may be applied to meet this requirement;

B. An emergency equipment replacement reserve equal to or greater than the replacement cost of the most expensive mechanical equipment item needed for operation. The public water system must establish this reserve in at least annual payments over a minimum of ten (10) years. Funds from the reserve shall be used for emergency equipment replacement expenses only and any funds so used shall be replaced within ten (10) years from the date of use. This reserve shall be invested in an account with ready access to the funds. Records of this reserve shall be made available to the department upon request. Other private, state, or federal reserves may be applied to meet this requirement; and C. If there is debt on the public water system facilities, a debt service reserve no less than ten percent (10%) of the principle and interest or the amount required in the bonding agreement. Funds from the debt service reserve shall be used only for debt service expenses and for purposes agreed to in the bonding agreement and shall be replaced no less than as required in the bonding agreement. Records of this reserve shall be made available to the department upon request.

RSMo 2016.* Emergency rule filed Sept. 20, 1999, effective Sept. 30, 1999, expired March 27, 2000. Original rule filed July 1, 1999, effective March 30, 2000. Amended: Filed June 13, 2018, effective Feb. 28, 2019.

### **Chapter 4** Contaminant Levels and Monitoring

##### **10 CSR 60-4.010** Maximum Contaminant {#sec-10-csr-60-4.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-4.010}

PURPOSE: This rule establishes sampling and monitoring requirements for public water systems and criteria for significant defiencies at surface water systems.

(1) The rules in this chapter contain maximum contaminant levels (MCLs) permissible in public water systems and describe associated monitoring requirements. A supplier of water must collect or have collected samples of the water and shall provide for analysis of these samples for designated contaminants.

Nothing in this chapter shall preclude a duly designated representative of the department from taking samples or from using the results from the samples to determine compliance by a supplier of water with applicable provisions of these rules.

(2) Laboratory services required by this chapter to determine contaminant levels are available from the Department of Natural Resources (DNR) or the Department of Health according to the fee schedule set out in 10 CSR 60-16.030.

(A) Samples must be collected at no less than the required frequency and in accordance with schedules established by the department when samples are submitted to the DNR or the Department of Health laboratory for analysis.

(B) A supplier of water which submits samples to the DNR or the Department of Health laboratory must collect and submit samples using containers provided by the department in accordance with the instructions enclosed.

(C) A supplier of water not using the DNR or the Department of Health laboratory must have the analysis done by a laboratory certi- (3) Samples taken to determine compliance with the requirements of this chapter shall be taken at representative points of the public water system, as approved by the department.

The supplier of water shall provide satisfactory sampling taps. Samples for microbiological analysis must be received in the laboratory for analysis within thirty (30) hours of collection.

(4) All analytical results must be accurate to at least the same number of significant figures as the applicable MCL.

(5) All analyses must be consistent with the methods and procedures described in 10 CSR 60-5.010 and 10 CSR 60-5.020. The results of all analyses must be used to determine compliance with the MCLs unless the analytical results are invalidated for technical reasons, such as obvious sampling errors.

(6) When a public water supply system supplies water to one (1) or more other public water supply systems, the department may modify the monitoring requirements imposed by these rules to the extent that the interconnection of the systems justifies treating them as a single system for monitoring purposes.

Any modified monitoring must be conducted pursuant to a schedule specified by the (7) Inspections and Sanitary Surveys of Surface Water Systems.

(A) Sanitary surveys of all surface water systems and systems using groundwater under the direct influence of surface water will be conducted at least every three (3) years for community systems and every five (5) years for noncommunity systems. Sanitary survey as used in this section (7) means an on-site review, under the supervision of an engineer, of the water source (identifying its sources of contamination using the results of source water assessments where available), facilities, equipment, operation, maintenance, and monitoring compliance, in order to evaluate the adequacy of the system, its sources and operations and the distribution of safe drinking water. It also includes a review of the disinfection profile for systems that are required to comply with disinfection profiling require- (B) For community water systems determined by the department to have no significant deficiencies (for example, defects or inadequacies that increase risk from waterborne disease, such as deficiencies involving the removal, inactivation or reintroduction of pathogens or prevention or removal of chemical contamination) in two (2) consecutive sanitary surveys, the frequency of sanitary surveys may be decreased to once every five (5) years. Upon finding a significant deficiency, the department may return the community water system to the three (3)-year (C) Public water systems must respond in writing to significant deficiencies outlined in sanitary survey reports no later than fortyfive (45) days after receipt of the report. The response must indicate how and on what schedule the system will address significant deficiencies noted in the survey. Failure to respond within forty-five (45) days is a violation. Public water systems shall take necessary steps to address significant deficiencies identified in sanitary survey reports if such deficiencies are within the control of the public water system and its governing body.

(D) The department, at its discretion, may conduct routine inspections of any public water system or make other necessary inspections to determine compliance with these rules. If, after investigation, the department finds that any public water system is incompetently supervised, improperly operated, inadequate, of defective design or if the water fails to meet standards established in 10 CSR 60, the water supplier must implement changes that may be required by the depart- (8) The provisions of this rule are declared severable. If any fee fixed by this rule is held invalid by a court of competent jurisdiction or by the Administrative Hearing Commission, the remaining provisions of this rule shall remain in full force and effect, unless otherwise determined by a court of competent jurisdiction or by the Administrative Hearing Commission. 2003.* Original rule filed May 4, 1979, Amended: Filed Aug. 13, 1982, effective Jan. 13, 1983. Amended: Filed June 2, 1988, effective Aug. 31, 1988. Amended: Filed Dec. 4, 1990, effective July 8, 1991. Amended:

Filed April 14, 1994, effective Nov. 30, 1994.

Amended: Filed Dec. 15, 1999, effective Sept. 1, 2000. Amended: Filed April 15, 2003, effective Jan. 30, 2004.

##### **10 CSR 60-4.020** Maximum Microbiological Contaminant Levels and Monitoring 2014. Original rule filed May 4, 1979, effective Sept. 14, 1979. Amended: Filed April 14, 1981, effective Oct. 11, 1981. Rescinded and readopted: Filed Dec. 4, 1990, effective July 8, 1991. Amended: Filed Feb. 1, 1996, effective Oct. 30, 1996. Amended: Filed March 17, 2003, effective Nov. 30, 2003. Amended: {#sec-10-csr-60-4.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-4.020}

Filed Aug. 12, 2015, effective March 30, 2016. Rescinded: Filed Dec. 29, 2017, effective Sept. 30, 2018.

##### **10 CSR 60-4.022** Revised Total Coliform {#sec-10-csr-60-4.022 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-4.022}

Rule

PURPOSE: The rule establishes sampling and monitoring requirements for public water systems. The rule also establishes a maximum contaminant level (MCL) for E. coli and uses E. coli and total coliforms to initiate a “find and fix” approach to address fecal contamination that could enter into the distribution system. It requires public water systems to perform assessments to identify sanitary defects and subsequently take corrective action to correct them. The rule sets monitoring and treatment technique requirements for seasonal systems. The rule is based on the requirements in the federal Revised Total Coliform Rule found in subpart Y of 40 CFR

part 141.

(1) General Requirements and Applicability.

(A) The provisions of this rule include both maximum contaminant level (MCL) and treatment technique requirements.

(B) Applicability. The provisions of this

rule apply to all public water systems.

(C) Violations of national primary drinking water regulations. Failure to comply with the applicable requirements of this rule, including requirements established by the department pursuant to these provisions, is a violation of the National Primary Drinking Water Regulations.

(2) Analytical methods and laboratory certification.

(A) Analytical methodology.

1. The standard sample volume required for analysis, regardless of analytical method used, is one hundred milliliter (100 mL).

2. Systems need only determine the presence or absence of total coliforms and E. coli; a determination of density is not required.

3. The time from sample collection to initiation of test medium incubation may not exceed thirty (30) hours. Systems are encouraged but not required to hold samples below ten degrees (10°) Celsius during transit.

4. If water having residual chlorine (measured as free, combined, or total chlorine) is to be analyzed, sufficient sodium thiosulfate (Na S O ) must be added to the sample bottle before sterilization to neutralize any residual chlorine in the water sample. Dechlorination procedures are addressed in Section 9060A.2 of Standard Methods for the Examination of Water and Wastewater(20th and 21st editions).

5. Total coliform and E. colianalyses must be conducted in accordance with one (1) of the analytical methods or alternative methods incorporated by reference in 10 CSR 60- 5.010(3).

(B) Laboratory Certification. Systems must have all compliance samples required under this rule analyzed by a laboratory certified by the Environmental Protection Agency (EPA) or the department to analyze drinking water samples. The laboratory used by the system must be certified for each method (and associated contaminant(s)) used for compliance monitoring analyses under (3) General monitoring requirements for all public water systems.

(A) Sample siting plans.

1. Systems must develop a written sample siting plan that identifies sampling sites and a sample collection schedule that are representative of water throughout the distribution system. These plans are subject to department review and revision. Systems must collect total coliform samples according to the written sample siting plan. Monitoring required by sections (4)–(8) of this rule may take place at a customer’s premise, dedicated sampling station, or other designated compliance sampling location. Routine and repeat sample sites and any sampling points necessary to meet the requirements of 10 CSR 60- 4.025 must be reflected in the sampling plan.

2. The minimum monitoring frequency for total coliforms is based on the population served by the system as defined in the chart in section (7) of this rule except that systems the direct influence of surface water or systems practicing iron removal or lime softening must collect at least five (5) samples per month. Unless the department approves or specifies in writing of a lesser frequency based on population and system type as defined in sections (4)–(7) of this rule, systems must monitor each calendar month that the system provides water to the public and determine compliance with the MCL in sub-

section (10)(A) of this rule for each month in which it is required to monitor. Systems must collect samples at regular time intervals throughout the month, except that systems that use only ground water and serve four thousand nine hundred (4,900) or fewer people may collect all required samples on a single day if they are taken from different sites.

3. Systems must take at least the minimum number of required samples even if the system has had an E. colimaximum contaminant level (MCL) violation or has exceeded the coliform treatment technique triggers in subsection (9)(A) of this rule.

4. A system may conduct more compliance monitoring than is required by this rule to investigate potential problems in the distribution system and use monitoring as a tool to assist in uncovering problems. A system may take more than the minimum number of required routine samples and must include the results in calculating whether the coliform treatment technique trigger in subparagraphs (9)(A)1.A.–B. of this rule has been exceeded only if the samples are taken in accordance with the existing sample siting plan and are representative of water throughout the distribution system.

5. Systems must identify repeat monitoring locations in the sample siting plan.

Unless the provisions of subparagraphs (3)(A)5.A. or B. of this rule are met, the system must collect at least one (1) repeat sample from the sampling tap where the original total coliform-positive sample was taken, and at least one (1) repeat sample at a tap within five (5) service connections upstream and at least one (1) repeat sample at a tap within five (5) service connections downstream of the original sampling site. If a total coliformpositive sample is at the end of the distribution system, or one (1) service connection away from the end of the distribution system, the system must still take all required repeat samples. However, the department may allow an alternative sampling location instead of the requirement to collect at least one (1) repeat sample upstream or downstream of the original sampling site. Except as provided for in subparagraph (3)(A)5.B. of this rule, systems required to conduct triggered source water monitoring under 10 CSR 60–4.025(3)(A) must take ground water source sample(s) in addition to repeat samples required under this A. Systems may propose repeat monitoring locations to the department that the system believes to be representative of a pathway for contamination of the distribution system. A system may elect to specify either alternative fixed locations or criteria for selecting repeat sampling sites on a situational basis in a standard operating procedure (SOP) in its sample siting plan. The system must design its SOP to focus the repeat samples at locations that best verify and determine the extent of potential contamination of the distribution system area based on specific situations. The department may modify the SOP or require alternative monitoring locations as needed.

B. Ground water systems serving one 4CODE OF STATE REGULATIONS thousand (1,000) or fewer people may propose repeat sampling locations to the department that differentiate potential source water and distribution system contamination (e.g., by sampling at entry points to the distribution system). A ground water system with a single well required to conduct triggered source water monitoring may, with written department approval, take one (1) of its repeat samples at the monitoring location required for triggered source water monitoring under 10 CSR 60-4.025(3)(A) if the system demonstrates to the department’s satisfaction that the sample siting plan remains representative of water quality in the distribution system. If approved by the department, the system may use that sample result to meet the monitoring requirements in both 10 CSR 60-4.025(3)(A) and this section.

(I) If a repeat sample taken at the monitoring location required for triggered source water monitoring is E. coli-positive, the system has violated the E. coliMCL and must also comply with 10 CSR 60- 4.025(3)(A)3. If a system takes more than one (1) repeat sample at the monitoring location required for triggered source water monitoring, the system may reduce the number of additional source water samples required under 10 CSR 60-4.025(3)(A)3. by the number of repeat samples taken at that location that were not E. coli-positive.

(II) If a system takes more than one (1) repeat sample at the monitoring location required for triggered source water monitoring under 10 CSR 60-4.025(3)(A) and more than one (1) repeat sample is E. coli-positive, the system has violated the E. coliMCL and must also comply with 10 CSR 60- 4.025(4)(A)1.

(III) If all repeat samples taken at the monitoring location required for triggered source water monitoring are E. coli-negative and a repeat sample taken at a monitoring location other than the one required for triggered source water monitoring is E. coli-positive, the system has violated the E. coli MCL, but is not required to comply with 10 CSR 60-4.025(3)(A)3.

6. The department may review, revise, and approve, as appropriate, repeat sampling proposed by systems under subparagraphs (3)(A)5.A.–B. of this rule. The system must demonstrate that the sample siting plan remains representative of the water quality in the distribution system. The department may determine that monitoring at the entry point to the distribution system (especially for undisinfected ground water systems) is effective to differentiate between potential source water and distribution system problems.

(B) Special purpose samples. Special purpose samples, such as those taken to determine whether disinfection practices are sufficient following pipe placement, replacement, or repair, must not be used to determine whether the coliform treatment technique trigger has been exceeded. Repeat samples taken pursuant to section (8) of this rule are not considered special purpose samples and must be used to determine whether the coliform treatment technique trigger has been exceeded.

(C) Invalidation of total coliform samples.

A total coliform-positive sample invalidated under this subsection (3)(C) does not count toward meeting the minimum monitoring requirements of this rule.

1. The department may invalidate a total coliform-positive sample only if any of the following conditions are met:

A. The laboratory establishes that improper sample analysis caused the total coliform-positive result;

B. The department, on the basis of the results of repeat samples collected as required under subsection (8)(A) of this rule, determines that the total coliform-positive sample resulted from a domestic or other non-distribution system plumbing problem. The department cannot invalidate a sample on the

basis of repeat sample results unless all repeat sample(s) collected at the same tap as the original total coliform-positive sample are also total coliform-positive, and all repeat samples collected at a location other than the original tap are total coliform-negative (e.g., the department cannot invalidate a total coliform-positive sample on the basis of repeat samples if all the repeat samples are total coliform-negative, or if the system has only one (1) service connection).

C. The department has substantial grounds to believe that a total coliform-positive result is due to a circumstance or condition that does not reflect water quality in the distribution system. In this case, the system must still collect all repeat samples required under subsection (8)(A) of this rule, and use them to determine whether a coliform treatment technique trigger in section (9) of this

rule has been exceeded. To invalidate a total coliform-positive sample under this subsection, the decision and supporting rationale must be documented in writing, and approved and signed by the supervisor of the department official who recommended the decision.

The department must make this document available to EPA and the public. The written documentation must state the specific cause of the total coliform-positive sample and what action the system has taken, or will take, to correct this problem. The department may not invalidate a total coliform-positive sample solely on the grounds that all repeat samples are total coliform-negative.

2. A laboratory must invalidate a total coliform sample (unless total coliforms are detected) if the sample produces a turbid culture in the absence of gas production using an analytical method where gas formation is examined (e.g., the Multiple-Tube Fermentation Technique), produces a turbid culture in the absence of an acid reaction in the Presence-Absence (P-A) Coliform Test, or exhibits confluent growth or produces colonies too numerous to count with an analytical method using a membrane filter (e.g., Membrane Filter Technique). If a laboratory invalidates a sample because of such interference, the system must collect another sample from the same location as the original sample within twenty-four (24) hours of being notified of the interference problem and have it analyzed for the presence of total coliforms.

The system must continue to re-sample within twenty-four (24) hours and have the samples analyzed until it obtains a valid result.

The department may waive the twenty-four (24) hour time limit on a case-by-case basis.

Alternatively, the department may implement criteria for waiving the twenty-four (24) hour sampling time limit to use in lieu of case-bycase extensions.

(4) Routine monitoring requirements for noncommunity water systems serving one thousand (1,000) or fewer people using only ground water.

(A) General monitoring requirements.

1. The provisions of this section apply to noncommunity water systems using only ground water (except ground water under the direct influence of surface water, as defined in 10 CSR 60-2.015) and serving one thousand (1,000) or fewer people.

2. Following any total coliform-positive 3. Once all monitoring required by this

section and section (8) of this rule for a calendar month has been completed, systems must determine whether any coliform treatment technique triggers speci fied in section (9) of this rule have been exceeded. If any trigger has been exceeded, systems must complete assessments as required by section (9) of this 4. For the purpose of determining eligibility for remaining on or qualifying for quarterly monitoring under the provisions of paragraphs (4)(F)4. and (4)(G)2., respectively, of this rule for transient noncommunity water systems, the department may elect to not count monitoring violations under paragraph (10)(C)1. of this rule if the missed sample is collected no later than the end of the monitoring period following the monitoring period in which the sample was missed. The system must collect the make-up sample in a different week than the routine sample for that monitoring period and should collect the sample as soon as possible during the monitoring period. The department may not use this provision under subsection (H) of this

section. This authority does not affect the provisions of paragraph (10)(C)1. of this rule and 10 CSR 60-7.010(11)(D).

(B) Monitoring frequency for total coliforms. Unless the department approves of a lesser frequency in writing and the system meets criteria provided under subsections (4)(C) through (4)(H) and (4)(J) of this rule, the minimum monitoring frequency for total coliforms is one (1) sample per month except that systems practicing iron removal or lime softening must collect at least five (5) routine samples per month. In addition, the department may require a greater frequency if necessary. Seasonal systems must meet the monitoring requirements of subsection (4)(I) of (C) Transition to the Revised Total Coliform

Rule. The department will perform a special monitoring evaluation during each sanitary survey to review the status of the system, including the distribution system, to determine whether the system is on an appropriate monitoring schedule. After the department has performed the special monitoring evaluation during each sanitary survey, the department may modify the system’s monitoring schedule, as necessary, or it may allow the system to stay on its existing monitoring schedule, consistent with the provisions of this section (4). The department may not allow systems to begin less frequent monitoring under the special monitoring evaluation unless the system has already met the applicable criteria for less frequent monitoring in this section. For seasonal systems on quarterly or annual monitoring, this evaluation must include review of the approved sample siting plan, which must designate the time period(s) for monitoring based on site-specific considerations (e.g., during periods of highest demand or highest vulnerability to contamination). The seasonal system must collect compliance samples during these time periods.

(D) Annual site visits. Systems on annual monitoring, including seasonal systems, must have an initial and recurring annual site visit by the department that is equivalent to a Level 2 assessment or an annual voluntary Level 2 assessment that meets the criteria in subsection (9)(B) to remain on annual monitoring.

The periodic required sanitary survey may be used to meet the requirement for an annual site visit for the year in which the sanitary survey was completed.

(E) Criteria for annual monitoring. The department may reduce the monitoring frequency for a well-operated ground water system from quarterly routine monitoring to no less than annual monitoring, if the system demonstrates that it meets the criteria for reduced monitoring in paragraphs (4)(E)1.-3. of this rule, except for a system that has been on increased monitoring under the provisions of subsection (4)(F) of this rule. A system on increased monitoring under subsection (4)(F) of this rule must meet the provisions of sub-

section (4)(G) of this rule to go to quarterly monitoring and must meet the provisions of subsection (4)(H) of this rule to go to annual monitoring.

1. The system has a clean compliance

history for a minimum of twelve (12) months.

2. The most recent sanitary survey shows that the system is free of sanitary defects or has corrected all identified sanitary defects, has a protected water source, and meets approved construction standards.

3. The department has conducted an annual site visit within the last twelve (12) months, and the system has corrected all identified sanitary defects. The system may substitute a Level 2 assessment that meets the criteria in subsection (9)(B) of this rule for the department annual site visit.

(F) Increased Monitoring Requirements for systems on quarterly or annual monitoring. A system on quarterly or annual monitoring that experiences any of the events identified in paragraphs (4)(F)1.–4. of this section must begin monthly monitoring the month following the event. A system on annual monitoring that experiences the event identified in paragraph (4)(F)5. of this rule must begin quarterly monitoring the quarter following the event. The system must continue monthly or quarterly monitoring until the requirements in subsection (4)(G) of this rule for quarterly monitoring or subsection (4)(H) of this rule for annual monitoring are met. A system on monthly monitoring for reasons other than those identified in paragraphs (4)(F)1.–4. of this rule is not considered to be on increased monitoring for the purposes of subsections (4)(G) and (4)(H) of this section.

1. The system triggers a Level 2 assessment or two (2) Level 1 assessments under the provisions of section (9) in a rolling twelve (12) month period.

2. The system has an E. coliMCL vio- 3. The system has a coliform treatment technique violation.

4. The system has two (2) Revised Total Coliform Rule monitoring violations or one (1) Revised Total Coliform Rule monitoring violation and one (1) Level 1 assessment under the provisions of section (9) in a rolling twelve (12) month period for a system on quarterly monitoring.

5. The system has one (1) Revised Total Coliform Rule monitoring violation for a system on annual monitoring.

(G) Requirements for returning to quarterly monitoring. The department may reduce the monitoring frequency for a system on monthly monitoring triggered under subsection (4)(F) of this section to quarterly monitoring if the system meets the criteria in paragraphs (4)(G)1. and 2. of this rule.

1. Within the last twelve (12) months, the system must have a completed sanitary survey or a site visit by the department or a voluntary Level 2 assessment by a party approved by the department, be free of sanitary defects, and have a protected water source; and 2. The system must have a clean compliance history for a minimum of twelve (12) months.

(H) Requirements for systems on increased monitoring to qualify for annual monitoring.

The department may reduce the monitoring frequency for a system on increased monitoring under subsection (4)(F) of this section if the system meets the criteria in subsection (4)(G) of this section plus the criteria in paragraphs (4)(H)1. and 2. of this section.

1. An annual site visit by the department and correction of all identified sanitary defects. The system may substitute a voluntary Level 2 assessment by a party approved by the department for the department annual site visit in any given year.

2. The system must have in place or adopt one (1) or more additional enhancements to the water system barriers to contamination in subparagraphs (4)(H)2.A.–E. of this section.

A. Cross connection control, as approved by the department.

B. An operator certified by an appropriate department certification program or regular visits by a circuit rider certified by an appropriate department certification program.

C. Continuous disinfection entering the distribution system and a residual in the distribution system in accordance with criteria specified by the department.

D. Demonstration of maintenance of at least a 4-log removal or inactivation of viruses as provided for under 10 CSR 60- 4.025(4)(B)3.

E. Other equivalent enhancements to 6CODE OF STATE REGULATIONS water system barriers as approved by the (I) Seasonal systems.

1. All seasonal systems must demonstrate completion of a department-approved start-up procedure, which may include a requirement for startup sampling prior to serving water to the public.

2. A seasonal system must monitor every month that it is in operation unless it meets the criteria in subparagraphs (4)(I)2.A.–C. of this

rule to be eligible for monitoring less frequently than monthly, except as provided under subsection (4)(C) of this rule.

A. Seasonal systems monitoring less frequently than monthly must have an approved sample siting plan that designates the time period for monitoring based on sitespecific considerations (e.g., during periods of highest demand or highest vulnerability to contamination). Seasonal systems must collect compliance samples during this time period.

B. To be eligible for quarterly monitoring, the system must meet the criteria in subsection (4)(G) of this section.

C. To be eligible for annual monitoring, the system must meet the criteria under subsection (4)(H) of this rule.

3. The department may exempt any seasonal system from some or all of the requirements for seasonal systems if the entire distribution system remains pressurized during the entire period that the system is not operating, except that systems that monitor less frequently than monthly must still monitor during the vulnerable period designated by (J) Additional routine monitoring the month following a total coliform-positive sample. Systems collecting samples on a quarterly or annual frequency must conduct additional routine monitoring the month following one (1) or more total coliform-positive samples (with or without a Level 1 treatment technique trigger). Systems must collect at least three (3) routine samples during the next month, except that the department may waive this requirement if the conditions of paragraphs (4)(J)1.–3. of this rule are met.

Systems may either collect samples at regular time intervals throughout the month or may collect all required routine samples on a single day if samples are taken from different sites. Systems must use the results of additional routine samples in coliform treatment technique trigger calculations under subsection (9)(A) of this rule.

1. The department may waive the vides water to the public if the department, or an agent approved by the department, performs a site visit before the end of the next month in which the system provides water to the public. Although a sanitary survey need not be performed, the site visit must be sufficiently detailed to allow the department to determine whether additional monitoring and/or any corrective action is needed. The department cannot approve an employee of the system to perform this site visit, even if the employee is an agent approved by the department to perform sanitary surveys.

2. The department may waive the vides water to the public if the department has determined why the sample was total colsystem has corrected the problem or will correct the problem before the end of the next month in which the system serves water to the public. In this case, the department must document this decision to waive the following month’s additional monitoring requirement in writing, have it approved and signed by the supervisor of the department official who recommends such a decision, and make this document available to the EPA and public.

The written documentation must describe the specific cause of the total coliform-positive sample and what action the system has taken and/or will take to correct this problem.

3. The department may not waive the requirement to collect three (3) additional routine samples the next month in which the system provides water to the public solely on the grounds that all repeat samples are total coliform-negative. If the department determines that the system has corrected the contamination problem before the system takes the set of repeat samples required in section (8) of this rule, and all repeat samples were total coliform-negative, the department may waive the requirement for additional routine monitoring the next month.

(5) Routine monitoring requirements for community water systems serving one thousand (1,000) or fewer people using only ground (A) General Routine Monitoring.

1. The provisions of this section apply to community water systems using only ground water (except ground water under the direct influence of surface water, as defined in 10 CSR 60-2.015) and serving one thousand (1,000) or fewer people.

2. Following any total coliform-positive 3. Once all monitoring required by section (5) and section (8) of this rule for a calendar month has been completed, systems (9) of this rule have been exceeded. If any trigger has been exceeded, systems must complete assessments as required by section (9) of this rule.

(B) Monitoring frequency for total coliforms. Unless the department approves of a lesser frequency in writing as provided for under subsections (5)(C)-(F) of this rule, the monitoring frequency for total coliform is one (1) sample per month except that systems practicing iron removal or lime softening must collect at least five (5) routine samples per month.

(C) Transition to the Revised Total Coliform Rule.

1. Unless any of the conditions in sub-

section (5)(E) of this rule are triggered, or unless otherwise directed by the department, all systems must continue to monitor according to the total coliform monitoring schedules under the Environmental Protection Agency’s Code of Federal Regulations, 40 CFR 141.21, published February 13, 2013.

This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the U.S.

Capitol Street NW, Washington, D.C., 20401, toll free at (866) 512-1800 or by visiting https://bookstore.gpo.gov.

2. The department must perform a special monitoring evaluation during each sanitary survey to review the status of the system, including the distribution system, to determine whether the system is on an appropriate monitoring schedule. After the department has performed the special monitoring evaluation during each sanitary survey, the department may modify the system’s monitoring schedule, as necessary, or it may allow the system to stay on its existing monitoring schedule, consistent with the provisions of this section. The department may not allow systems to begin less frequent monitoring under the special monitoring evaluation unless the system has already met the applicable criteria for less frequent monitoring in this section.

(D) Criteria for reduced monitoring.

1. The department may reduce the monitoring frequency from monthly monitoring to no less than quarterly monitoring if the system is in compliance with department-certified operator provisions and demonstrates that it meets the criteria in subparagraphs (5)(D)1.A.–C. of this rule. A system that loses its certified operator must return to monthly monitoring the month following that loss.

A. The system has a clean compliance

history for a minimum of twelve (12) months.

B. The most recent sanitary survey shows the system is free of sanitary defects (or has an approved plan and schedule to correct them and is in compliance with the plan and the schedule), has a protected water source and meets approved construction standards.

C. The system meets at least one (1) of the following criteria:

(I) The system had an annual site visit by the department that is equivalent to a Level 2 assessment or an annual Level 2 assessment by a party approved by the department and correction of all identified sanitary defects (or the system has an approved plan and schedule to correct them and is in compliance with the plan and schedule);

(II) The system has cross connection control, as approved by the department;

(III) The system has continuous disinfection entering the distribution system and a residual in the distribution system in accordance with criteria specified by the department;

(IV) The system has a demonstration of maintenance of at least a 4-log removal or inactivation of viruses as provided for under 10 CSR 60-4.025(4)(B)3.; or (V) Other equivalent enhancements to water system barriers as approved by the (E) Return to routine monthly monitoring requirements. Systems on quarterly monitoring that experience any of the events in paragraphs (5)(E)1.-4. of this rule must begin monthly monitoring the month following the event. The system must continue monthly monitoring until it meets the reduced monitoring requirements in subsection (5)(D) of 1. The system triggers a Level 2 assessment or two (2) Level 1 assessments in a rolling twelve (12) month period.

2. The system has an E. coliMCL vio- 3. The system has a coliform treatment technique violation.

4. The system has two (2) Revised Total Coliform Rule monitoring violations in a rolling twelve (12) month period.

(F) Additional routine monitoring the month following a total coliform-positive sample. Systems collecting samples on a quarterly frequency must conduct additional routine monitoring the month following one (1) or more total coliform-positive samples (with or without a Level 1 treatment technique trigger). Systems must collect at least three (3) routine samples during the next month, except that the department may waive this requirement if the conditions of paragraphs (5)(F)1., 2., or 3. of this rule are met.

Systems may either collect samples at regular time intervals throughout the month or may collect all required routine samples on a single day if samples are taken from different sites. Systems must use the results of additional routine samples in coliform treatment technique trigger calculations.

1. The department may waive the vides water to the public if the department, or an agent approved by the department, performs a site visit before the end of the next month in which the system provides water to the public. Although a sanitary survey need not be performed, the site visit must be sufficiently detailed to allow the department to determine whether additional monitoring or any corrective action, or both, is needed. The department cannot approve an employee of the system to perform this site visit, even if the employee is an agent approved by the department to perform sanitary surveys.

2. The department may waive the vides water to the public if the department has determined why the sample was total colsystem has corrected the problem or will correct the problem before the end of the next month in which the system serves water to the public. In this case, the department must document this decision to waive the following month’s additional monitoring requirement in writing, have it approved and signed by the supervisor of the department official who recommends such a decision, and make this document available to the U.S. EPA and the public. The written documentation must describe the specific cause of the total coliform-positive sample and what action the system has taken and/or will take to correct this problem.

3. The department may not waive the requirement to collect three (3) additional routine samples the next month in which the system provides water to the public solely on the grounds that all repeat samples are total coliform-negative. If the department determines that the system has corrected the contamination problem before the system takes the set of repeat samples required in section (8) of this rule, and all repeat samples were total coliform-negative, the department may waive the requirement for additional routine monitoring the next month.

(6) Routine monitoring requirements for surface water and ground water under the direct influence of surface water public water systems serving one thousand (1,000) or fewer people.

(A) General Routine Monitoring.

1. This section (6) applies to surface water and ground water under the direct influence of surface water systems serving one thousand (1,000) or fewer people.

2. Following any total coliform-positive tion (6), systems must comply with the repeat 3. Once all monitoring required by this

section (6) and section (8) of this rule for a calendar month has been completed, systems (9) have been exceeded. If any trigger has been exceeded, systems must complete assessments as required by section (9) of this 4. Seasonal systems.

A. All seasonal systems must demonstrate completion of a department-approved start-up procedure, which may include a requirement for start-up sampling prior to serving water to the public.

B. The department may exempt any seasonal system from some or all of the requirements for seasonal systems if the entire distribution system remains pressurized during the entire period that the system is not operating.

(B) Routine monitoring frequency for total coliforms. Surface water and groundwater systems (including consecutive systems) must monitor monthly. Systems may not reduce monitoring. Primary public water systems must collect a minimum of five (5) routine samples per month. In addition, the department may require a greater frequency if necessary.

(7) Routine monitoring requirements for public water systems serving more than one thousand (1,000) people.

(A) General Routine Monitoring.

1. The provisions of this section apply to public water systems serving more than one thousand (1,000) people.

2. Following any total coliform-positive 3. Once all monitoring required by this

section and section (8) of this rule for a calendar month has been completed, systems 8CODE OF STATE REGULATIONS (9) of this rule have been exceeded. If any trigger has been exceeded, systems must complete assessments as required by section (9) of this rule.

4. Seasonal systems.

A. All seasonal systems must demonstrate completion of a department-approved start-up procedure, which may include a requirement for start-up sampling prior to serving water to the public.

B. The department may exempt any seasonal system from some or all of the requirements for seasonal systems if the entire distribution system remains pressurized during the entire period that the system is not operating.

(B) Monitoring frequency for total coliforms. The monitoring frequency for total coliforms is based on the population served by the system, as follows, except for systems using surface water or groundwater under the direct influence of surface water or practicing iron removal or lime softening must collect a minimum of five (5) routine samples per month:

(C) Reduced monitoring. Systems may not reduce monitoring, except for noncommunity water systems using only ground water (and not ground water under the direct influence of surface water) serving one thousand (1,000) or fewer people in some months and more than one thousand (1,000) people in other months. In months when more than one thousand (1,000) people are served, the systems must monitor at the frequency specified in subsection (7)(B) of this rule. In months when one thousand (1,000) or fewer people are served, the department may reduce the monitoring frequency, in writing, to a frequency allowed under section (4) of this rule for a similarly situated system that always serves one thousand (1,000) or fewer people, taking into account the provisions in subsection (4)(E)–(G) of this rule.

(8) Repeat monitoring and E. colirequire- (A) Repeat monitoring.

1. If a sample taken under sections (4)– (7) of this rule is total coliform-positive, the system must collect a set of repeat samples within twenty-four (24) hours of being notified of the positive result. The system must collect no fewer than three (3) repeat samples for each total coliform-positive sample found.

The department may extend the twenty-four (24) hour limit on a case-by-case basis if the system has a logistical problem in collecting the repeat samples within twenty-four (24) hours that is beyond its control. Alternatively, the department may implement criteria for the system to use in lieu of case-by-case extensions. In the case of an extension, the department must specify how much time the system has to collect the repeat samples. The department cannot waive the requirement for a system to collect repeat samples in paragraphs (8)(A)1.-3. of this rule.

2. The system must collect all repeat samples on the same day, except that the 10CODE OF STATE REGULATIONS Total Coliform Monitoring Frequency for Public Water Systems Serving More Than 1,000 People Minimum number of Population served samples per month department may allow a system with a single service connection to collect the required set of repeat samples over a three (3) day period or to collect a larger volume repeat sample(s) in one (1) or more sample containers of any size, as long as the total volume collected is at least three hundred milliliters (300 mL).

Systems with more than one (1) service connection, but fewer service connections than the required number of repeat samples, shall collect repeat samples as directed by the 3. The system must collect an additional set of repeat samples in the manner specified in paragraphs (8)(A)1.-3. of this rule if one (1) or more repeat samples in the current set of repeat samples is total coliform-positive. The system must collect the additional set of repeat samples within twenty-four (24) hours of being notified of the positive result, unless the department extends the limit as provided in paragraph (8)(A)1. of this rule.

The system must continue to collect additional sets of repeat samples until either total coliforms are not detected in one (1) complete set of repeat samples or the system determines that a coliform treatment technique trigger specified in subsection (9)(A) of this

rule has been exceeded as a result of a repeat sample being total coliform-positive and notifies the department. If a trigger identified in

section (9) of this rule is exceeded as a result of a routine sample being total coliform-positive, systems are required to conduct only one (1) round of repeat monitoring for each total coliform-positive routine sample.

4. After a system collects a routine sample and before it learns the results of the analysis of that sample, if it collects another routine sample(s) from within five (5) adjacent service connections of the initial sample, and the initial sample, after analysis, is found to contain total coliforms, then the system may count the subsequent sample(s) as a repeat sample instead of as a routine sample.

5. Results of all routine and repeat samples taken under sections (4)-(8) of this rule not invalidated by the department must be used to determine whether a coliform treatment technique trigger specified in section (9) of this rule has been exceeded.

(B)Escherichia coli (E. coli)testing.

1. If any routine or repeat sample is total coliform-positive, the system must analyze that total coliform-positive culture medium to determine if E. coliare present. If E. coliare present, the system must notify the department by the end of the day when the system is notified of the test result, unless the system is notified of the result after the department office is closed and the department does not have either an after-hours phone line or an alternative notification procedure, in which case the system must notify the department before the end of the next business day.

2. The department has the discretion to allow a system, on a case-by-case basis, to forgo E. colitesting on a total coliform-positive sample if that system assumes that the total coliform-positive sample is E. coli-positive. Accordingly, the system must notify the department as specified in paragraph (8)(B)1. of this rule and the provisions of the Environmental Protection Agency’s Code of Federal Regulations, 40 CFR 141.63(c), published February 13, 2013. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the U.S. Government Printing Office at 732 North Capitol Street NW, Washington, D.C., 20401, toll free at (866) 512-1800 or by visiting https://bookstore.gpo.gov.

(9) Coliform treatment technique triggers and assessment requirements for protection against potential fecal contamination.

(A) Treatment technique triggers. Systems must conduct assessments in accordance with subsection (9)(B) of this rule after exceeding treatment technique triggers in paragraphs (9)(A)1. and (9)(A)2. of this rule.

1. Level 1 treatment technique triggers.

A. For systems taking forty (40) or more samples per month, the system exceeds five percent (5.0%) total coliform-positive samples for the month.

B. For systems taking fewer than forty (40) samples per month, the system has two (2) or more total coliform-positive samples in the same month.

C. The system fails to take every required repeat sample after any single total coliform-positive sample.

2. Level 2 treatment technique triggers.

A. An E. coliMCL violation, as specified in section (10) of this rule.

B. A second Level 1 trigger as defined in paragraph (9)(A)1. of this rule, within a rolling twelve (12) month period, unless the department has determined a likely reason that the samples that caused the first Level 1 treatment technique trigger were total colsystem has corrected the problem.

C. For systems with approved annual monitoring, a Level 1 trigger in two (2) consecutive years.

(B) Requirements for assessments.

1. Systems must ensure that Level 1 and 2 assessments are conducted in order to identify the possible presence of sanitary defects and defects in distribution system coliform monitoring practices. Level 2 assessments must be conducted by parties approved by the 2. When conducting assessments, systems must ensure that the person performing the assessment evaluates minimum elements that include review and identification of inadequacies in sample sites; sampling protocol; sample processing; atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., small ground water systems); and existing water quality monitoring data. The system must conduct the assessment consistent with any department directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system.

3. Level 1 Assessments. A system must conduct a Level 1 assessment consistent with department requirements if the system exceeds one (1) of the treatment technique triggers in paragraph (9)(A)1. of this rule.

The Level 1 assessment must be conducted consistent with any department directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system.

A. The system must complete a Level 1 assessment as soon as practical after any trigger in paragraph (9)(A)1. of this rule. In the completed assessment form, the system must describe sanitary defects detected, corrective actions completed, and a proposed timetable for any corrective actions not already completed. The assessment form may also note that no sanitary defects were identified. The system must submit the completed Level 1 assessment form to the department within thirty (30) days after the system learns that it has exceeded a trigger.

B. If the department reviews the completed Level 1 assessment and determines that the assessment is not sufficient (including any proposed timetable for any corrective actions not already completed), the department must consult with the system. If the department requires revisions after consultation, the system must submit a revised assessment form to the department on an agreedupon schedule not to exceed thirty (30) days from the date of the consultation.

C. Upon completion and submission of the assessment form by the system, the department must determine if the system has identified a likely cause for the Level 1 trig ger and, if so, establish that the system has corrected the problem, or has included a schedule acceptable to the department for correcting the problem.

4. Level 2 Assessments. A system must ensure that a Level 2 assessment consistent with department requirements is conducted if the system exceeds one (1) of the treatment technique triggers in paragraph (9)(A)2. of this rule. The Level 2 assessment must be conducted consistent with any department directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system. The system must comply with any expedited actions or additional actions required by the department in the case of an E. coliMCL violation.

A. The system must ensure that a Level 2 assessment is completed by the department or by a party approved by the department as soon as practical after any trigger in paragraph (9)(A)2. of this rule. The system must submit a completed Level 2 assessment form to the department within thirty (30) days after the system learns that it has exceeded a trigger. The assessment form must describe sanitary defects detected, corrective actions completed, and a proposed timetable for any corrective actions not already completed. The assessment form may also note that no sanitary defects were identified.

B. The system may conduct Level 2 assessments if the system has staff or management with the certification or qualifications specified by the department unless otherwise directed by the department.

C. If the department reviews the completed Level 2 assessment and determines that the assessment is not sufficient (including any proposed timetable for any corrective actions not already completed), the department must consult with the system. If the department requires revisions after consultation, the system must submit a revised assessment form to the department on an agreedupon schedule not to exceed thirty (30) days.

D. Upon completion and submission of the assessment form by the system, the department must determine if the system has identified a likely cause for the Level 2 trigger and determine whether the system has corrected the problem, or has included a schedule acceptable to the department for correcting the problem.

(C) Corrective Action. Systems must correct sanitary defects found through either Level 1 or 2 assessments conducted under subsection (9)(B) of this rule. For corrections not completed by the time of submission of the assessment form, the system must complete the corrective action(s) in compliance with a timetable approved by the department in consultation with the system. The system must notify the department when each scheduled corrective action is completed.

(D) Consultation. At any time during the assessment or corrective action phase, either the water system or the department may request a consultation with the other party to determine the appropriate actions to be taken.

The system may consult with the department on all relevant information that may impact on its ability to comply with a requirement of this rule, including the method of accomplishment, an appropriate timeframe, and other relevant information.

(10) Violations.

(A) E. coliMaximum Contaminant Level (MCL) Violation. A system is in violation of the MCL for E. coliwhen any of the conditions identified in paragraphs (10)(A)1.-4. of this rule occur. For purposes of the public notification requirements in 10 CSR 60- 8.010, violation of the MCL for E. colimay pose an acute risk to health.

1. The system has an E. coli-positive repeat sample following a total coliform-positive routine sample.

2. The system has a total coliform-positive repeat sample following an E. coli-positive routine sample.

3. The system fails to take all required repeat samples following an E. coli-positive routine sample.

4. The system fails to test for E. coli when any repeat sample tests positive for total coliform.

(B) Treatment technique violation.

1. A treatment technique violation occurs when a system exceeds a treatment technique trigger specified in subsection (9)(A) of this rule and then fails to conduct the required assessment or corrective actions within the timeframe specified in subsections (9)(B) and (9)(C) of this rule.

2. A treatment technique violation occurs when a seasonal system fails to complete a department-approved start-up procedure prior to serving water to the public.

(C) Monitoring violations.

1. Failure to take every required routine or additional routine sample in a compliance period is a monitoring violation.

2. Failure to analyze for E. colifollowing a total coliform-positive routine sample is a monitoring violation.

(D) Reporting violations.

1. Failure to submit a monitoring report or completed assessment form after a system properly conducts monitoring or assessment in a timely manner is a reporting violation.

2. Failure to notify the department following an E. coli-positive sample as required by paragraph (8)(B)1. of this rule in a timely manner is a reporting violation.

3. Failure to submit certification of completion of department-approved start-up procedure by a seasonal system is a reporting violation.

(11) Reporting Requirements. Reporting requirements are in section (11) of 10 CSR 60-7.010 Reporting Requirements.

(12) Record-Keeping Requirements.

Recordkeeping requirements are in section (5) of 10 CSR 60-9.010 Requirements for Maintaining Public Water System Records.

Original rule filed Aug. 12, 2015, effective March 30, 2016. Amended: Filed June 13,

##### **10 CSR 60-4.025** Ground Water Rule Monitoring and Treatment Technique {#sec-10-csr-60-4.025 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-4.025}

PURPOSE: This rule sets standards for public water systems using ground water, including requirements for monitoring, treatment techniques, and corrective actions where significant deficiencies are found. The rule is based on the requirements in the federal Ground Water Rule found in subpart S of 40 CFR part 141, July 1, 2008. would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) General Requirements and Applicability.

(A) Scope of this rule. The requirements of this rule constitute National Primary Drinking Water Regulations.

(B) Applicability. This rule applies to all public water systems that use ground water except that it does not apply to public water systems that combine all of their ground 12CODE OF STATE REGULATIONS water with surface water or with ground water prior to treatment. Also, it does not apply to ground water systems under the direct influence of surface water. For the purposes of this rule, ground water system is defined as any public water system meeting this applicability statement, including consecutive systems receiving finished ground (C) General Requirements.

1. Systems subject to this rule must comply with sanitary survey information requirements described in section (2) of this 2. Wherever it is used in this rule, the term “4-log treatment of viruses” shall mean treatment to at least ninety-nine and ninetynine hundredths percent (99.99%) (4-log) treatment of viruses using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal before or at the first customer.

3. For the purposes of this rule, significant deficiencies include, but are not limited to, defects in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that the department determines are causing, or have the potential for causing, the introduction of contamination into the water delivered to consumers.

4. Systems subject to this rule must comply with microbial source water monitoring requirements for ground water systems that do not treat all of their ground water to at least ninety-nine and ninety-nine hundredths percent (99.99%) (4-log) treatment of viruses before or at the first customer as described in section (3) of this rule.

5. Systems subject to this rule must comply with treatment technique requirements, described in section (4) of this rule that apply to ground water systems that have fecally contaminated source waters, as determined by source water monitoring conducted under section (3) of this rule, or that have significant deficiencies that are identified by the department, or that are identified by the U.S.

Environmental Protection Agency under section 1445 of the Safe Drinking Water Act. A ground water system with fecally contaminated source water or with significant deficiencies subject to the treatment technique requirements of this rule must implement one (1) or more of the following corrective action options under the direction and approval of the department:

A. Correct all significant deficiencies;

B. Provide an alternate source of C. Eliminate the source of contamination; or D. Provide treatment that reliably achieves at least 4-log treatment of viruses before or at the first customer.

6. Ground water systems that are required by this rule to provide at least 4-log tomer are required to conduct compliance monitoring to demonstrate treatment effectiveness, as described in subsection (4)(B) of 7. If requested by the department, ground water systems must provide any existing information that will enable the department to perform a hydrogeologic sensitivity assessment. For the purposes of this rule, a hydrogeologic sensitivity assessment is a determination of whether ground water systems obtain water from hydrogeologically sensitive settings.

(2) Sanitary Surveys and Inspections for Ground Water Systems.

(A) Ground water systems must provide, at the department’s request, any existing information that will enable the department to conduct a sanitary survey or inspection.

(B) For the purposes of this rule, a sanitary survey includes, but is not limited to, an onsite review, under the supervision of an engineer, of the water source(s) (identifying sources of contamination by using results of source water assessments or other relevant information where available), facilities, equipment, operation, maintenance, and monitoring compliance of a public water system in order to evaluate the adequacy of the system, its sources and operations, and the distribution of safe drinking water.

(C) The sanitary survey or inspection must include an evaluation of the water system’s— 1. Source;

2. Treatment;

3. Distribution system;

4. Finished water storage;

5. Pumps, pump facilities, and controls;

6. Monitoring, reporting, and data verification;

7. System management and operation;

8. Operator compliance with department requirements.

(3) Ground Water Source Microbial Monitoring.

(A) Triggered Source Water Monitoring.

1. General requirements. A ground water system must conduct triggered source water monitoring if the following conditions exist:

A. The system does not provide at least 4-log treatment of viruses (using inactivation, removal, or a state-approved combination of 4-log virus inactivation and removal) before or at the first customer for each ground water source; and B. The system is notified that a sample collected under 10 CSR 60-4.022(4)-(7) is total coliform-positive and the sample is not invalidated under 10 CSR 60-4.022(3)(C).

2. Sampling requirements. A ground water system must collect, within twenty-four (24) hours of notification of the total coliform-positive sample, at least one (1) ground water source sample from each ground water source in use at the time the total coliformpositive sample was collected under 10 CSR 60-4.022(4)-(7) except as provided in subparagraph (3)(A)2.B. of this rule.

A. The department may extend the twenty-four (24) hour time limit on a case-bycase basis if the system cannot collect the ground water source water sample within twenty-four (24) hours due to circumstances beyond its control. In the case of an extension, the department will specify how much time the system has to collect the sample.

B. If approved by the department, systems with more than one (1) ground water source may meet the requirements of this subparagraph by sampling a representative ground water source or sources. If directed by the department, systems must submit for department approval a triggered source water monitoring plan that identifies one (1) or more ground water sources that are representative of each monitoring site in the system’s sample siting plan under 10 CSR 60-4.022(3) and that the system intends to use for representative sampling for triggered source water monitoring.

C. A ground water system serving one thousand (1,000) or fewer people may use a repeat sample collected from a ground water source to meet both the requirements of

##### **10 CSR 60-4.022** and to satisfy the monitoring requirements of paragraph (3)(A)2. of this rule for that ground water source only if the department approves the use of E. colias a fecal indicator for source water monitoring under this subsection (3)(A) and approves the use of a single sample for meeting both the triggered source water monitoring requirements in this subsection (3)(A) and the repeat monitoring requirements in 10 CSR 60- 4.022(8). If the repeat sample collected from the ground water source is E. colipositive, the system must comply with paragraph (3)(A)3. of this rule. {#sec-10-csr-60-4.022 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-4.022}

3. Additional requirements. If the department does not require corrective action under paragraph (4)(A)2. of this rule for a fecal indicator-positive source water sample collected under paragraph (3)(A)2. of this rule that is not invalidated under subsection (3)(D) of this

rule, the system must collect five (5) additional source water samples from the same source within twenty-four (24) hours of being notified of the fecal indicator-positive sample.

4. Consecutive systems. In addition to the other requirements of this subsection (3)(A), a consecutive ground water system that has a total coliform-positive sample collected under 10 CSR 60-4.022(4)-(7) must notify the wholesale system(s) within twentyfour (24) hours of being notified of the total coliform-positive sample.

5. Wholesale systems. In addition to the other requirements of this subsection (3)(A), a wholesale ground water system that receives notice from a consecutive system it serves that a sample collected under 10 CSR 60-4.022(4)-(7) is total coliform-positive must, within twenty-four (24) hours of being notified, collect a sample from its ground water source(s) under paragraph (3)(A)2. of this rule and analyze it for a fecal indicator under subsection (3)(C) of this rule. If this sample is fecal indicator-positive, the system must notify all consecutive systems served by that ground water source of the fecal indicator source water positive within twenty-four (24) hours of being notified of the monitoring result and must meet the requirements of paragraph (3)(A)3. of this rule.

6. Exceptions to triggered source water monitoring requirements. A ground water system is not required to comply with the source water monitoring requirements of this subsection (3)(A) if either of the following conditions exists:

A. The department determines, and documents in writing, that the total coliformpositive sample collected under 10 CSR 60- 4.022(4)-(7) is caused by a distribution system deficiency; or B. The total coliform-positive sample collected under 10 CSR 60-4.022(4)-(7) is collected at a location that meets department criteria for distribution system conditions that will cause total coliform-positive samples.

(B) Assessment Source Water Monitoring.

If directed by the department, ground water systems must conduct assessment source water monitoring that meets department-determined requirements. A ground water system conducting assessment source water monitoring may use a triggered source water sample collected under paragraph (3)(A)2. of this rule to meet the requirements of this sub

section. The department may require any combination of— 1. Collection of a total of twelve (12) ground water source samples that represent each month the system provides ground water to the public;

2. Collection of samples from each well unless the system obtains written department approval to conduct monitoring at one (1) or more wells within the ground water system that are representative of multiple wells used by that system and that draw water from the same hydrogeologic setting;

3. Collection of a standard sample volume of at least one hundred milliliters (100 mL) for fecal indicator analysis regardless of the fecal indicator or analytical method used;

4. Analysis of all ground water source samples using one (1) of the analytical methods listed in paragraph (3)(C)2. of this rule for the presence of E. coli, enterococci, or coliphage;

5. Collection of ground water source samples at a location prior to any treatment of the ground water source unless the department approves a sampling location after treatment; or 6. Collection of ground water source samples at the well itself unless the system’s configuration does not allow for sampling at the well itself and the department approves an alternate sampling location that is representative of the water quality of that well.

(C) Analytical Methods.

1. A ground water system subject to the source water monitoring requirements of sub-

section (3)(A) of this rule must collect a standard sample volume of at least one hundred milliliters (100 mL) for fecal indicator analysis regardless of the fecal indicator or analytical method used.

2. A ground water system must analyze all ground water source samples collected under subsection (3)(A) of this rule using one (1) of the analytical methods listed in the Environmental Protection Agency’s Code of Federal Regulations, 40 CFR 141.402, published February 13, 2013. This document is incorporated by reference without any later amendments or modifications.

To obtain a copy, contact the U.S.

Capitol Street NW, Washington D.C., 20401, toll free at (866) 512-1800 or by visiting https://bookstore.gpo.gov.

(D) Invalidation of a Fecal Indicator-Positive Ground Water Source Sample.

1. A ground water system may obtain department invalidation of a fecal indicatorpositive ground water source sample collected under subsection (3)(A) of this rule only under the following conditions:

A. The system provides the department with written notice from the laboratory that improper sample analysis occurred; or B. The department determines and documents in writing that there is substantial evidence that a fecal indicator-positive ground water source sample is not related to source water quality.

2. If the department invalidates a fecal indicator-positive ground water source sample, the ground water system must collect another source water sample under subsection (3)(A) of this rule within twenty-four (24) hours of being notified by the department of its invalidation decision and have it analyzed for the same fecal indicator listed in 40 CFR 141.402. The department may extend the twenty-four (24)-hour time limit on a case-by-case basis if the system cannot collect the source water sample within twenty-four (24) hours due to circumstances beyond its control. In the case of an extension, the department will specify how much time the system has to collect the sample.

(E) Sampling Location.

1. Any ground water source sample required under subsection (3)(A) of this rule must be collected at a location prior to any treatment of the ground water source unless the department approves a sampling location after treatment.

2. If the system’s configuration does not allow for sampling at the well itself, the system may collect a sample at a departmentapproved location to meet the requirements of subsection (3)(A) of this rule if the sample is representative of the water quality of that well.

(F) New Sources. If directed by the department, a ground water system that places a new ground water source into service after November 30, 2009, must conduct assessment source water monitoring under subsection (3)(B) of this rule. If directed by the department, the system must begin monitoring before the ground water source is used to provide water to the public.

(G) Public Notification. A ground water system with a ground water source sample collected under subsection (3)(A) or (3)(B) of this rule that is fecal indicator-positive and that is not invalidated under subsection (3)(D) of this rule, including consecutive systems served by the ground water source, must conduct Tier 1 public notification under 10 CSR 60-8.010.

(H) Monitoring Violations. Failure to meet the requirements of subsections (3)(A)–(F) of this rule is a monitoring violation and requires the ground water system to provide Tier 3 public notification under 10 CSR 60- 8.010.

(4) Treatment Technique Requirements.

(A) Ground Water Systems with Significant Deficiencies or Source Water Fecal Contamination.

1. The treatment technique requirements 14CODE OF STATE REGULATIONS of this rule must be met by ground water systems when a significant deficiency is identified or when a ground water source sample collected under paragraph (3)(A)3. of this

rule is fecal indicator-positive.

2. If directed by the department, a ground water system with a ground water source sample collected under paragraph (3)(A)3., paragraph (3)(A)4., or subsection (3)(B) that is fecal indicator-positive must comply with the treatment technique requirements of this section (4).

3. When a significant deficiency is identified at a public water system that uses both ground water and surface water or ground water, the system must comply with provisions of this subsection (4)(A) except in cases where the department determines that the significant deficiency is in a portion of the distribution system that is served solely by surface water or ground water under the direct influence of surface water.

4. Unless the department directs the ground water system to implement a specific corrective action, the ground water system must consult with the department regarding the appropriate corrective action within thirty (30) days of receiving written notice from the department of a significant deficiency, written notice from a laboratory that a ground water source sample collected under paragraph (3)(A)3. of this rule was found to be fecal indicator-positive, or direction from the department that a fecal indicator-positive sample collected under paragraph (3)(A)2., paragraph (3)(A)4., or subsection (3)(B) of this rule requires corrective action. For the purposes of this rule, significant deficiencies include but are not limited to defects in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that the department determines are causing, or have potential for causing, the introduction of contamination into the water delivered to consumers. Such significant deficiencies may include, but may not be limited to, the following:

A. For the source, any improperly constructed, sealed, or inadequately screened opening in the well head;

B. For treatment— (I) Failure to perform and record the results of sufficient analyses to maintain control of treatment process or water quality;

(II) Systems required to provide 4log virus inactivation or removal that do not meet disinfection concentration and detention time requirements; or (III) Systems that are required to disinfect that do not have standby redundant disinfection facilities;

C. For distribution systems— (I) The existence of a known unprotected cross-connection;

(II) Widespread or persistent low pressure events as defined in 10 CSR 60- 4.080(8);

(III) Submerged automatic air release valves or uncapped manual air release valves; or (IV) Failure to properly disinfect new or newly-repaired water mains;

D. For finished water storage— (I) The existence of any unprotected, inadequately protected, or improperly constructed opening in a storage facility; or (II) Evidence that the water in the storage facility has been contaminated (for example, feathers or nesting materials in an overflow pipe or positive bacteria samples);

E. For pumps or pump facilities and controls, repeated or persistent low pressures caused by pump or pump control problems or inadequate pump capacity;

F. For monitoring, reporting, or data verification— (I) Falsification of monitoring or reporting records; or (II) Failure to maintain system records required under 10 CSR 60-9.010;

G. For water system management or operations, failure to address significant deficiencies listed in the most recent inspection or sanitary survey report; and H. For operator compliance— (I) Lack of properly certified chief operator in responsible charge of the treatment facility as required under 10 CSR 60- 14.010(4); or (II) Lack of properly certified chief operator in responsible charge of the distribution facility as required under 10 CSR 60- 14.010(4).

5. Within one hundred twenty (120) days (or earlier if directed by the department) of receiving written notification from the department of a significant deficiency, written notice from a laboratory that a ground water source sample collected under paragraph (3)(A)3. of this rule was found to be fecal indicator-positive, or direction from the department that a fecal indicator-positive sample collected under paragraph (3)(A)2., paragraph (3)(A)4., or subsection (3)(B) of this rule requires corrective action, the ground water system must either— A. Have completed corrective action in accordance with applicable department guidance or direction, if any, including department-specified interim measures; or B. Be in compliance with a departschedule subject to the following conditions:

(I) Any subsequent modifications to a department-approved corrective action plan and schedule must be approved by the department; and (II) If the department specifies interim measures for protection of the public health pending department approval of the corrective action plan and schedule or pending completion of the corrective action plan, the system must comply with these interim measures as well as with any schedule speci- 6. Corrective action alternatives.

Ground water systems that meet the conditions of paragraph (4)(A)1. or (4)(A)2. of this

rule must implement one (1) or more of the following corrective action alternatives under the direction and approval of the department:

A. Correct all significant deficiencies;

B. Provide an alternate source of C. Eliminate the source of contamination; or D. Provide treatment that reliably achieves at least 4-log treatment of viruses before or at the first customer for the ground water source.

7. Special notice to the public of significant deficiencies or source water fecal contamination.

A. In addition to the applicable public notification requirements of 10 CSR 60- 8.010, a community ground water system that receives notice from the department of a significant deficiency or notification of a fecal indicator-positive ground water source sample that is not invalidated by the department under subsection (3)(D) of this rule must inform the public served by the water system under 10 CSR 60-8.030(2)(H)6. of the fecal indicator-positive source sample or of any significant deficiency that has not been corrected. The system must continue to inform the public annually until the significant deficiency is corrected or the fecal contamination in the ground water source is determined by the department to be corrected under paragraph (4)(A)5. of this rule.

B. In addition to the applicable public notification requirements of 10 CSR 60- 8.010, a non-community ground water system that receives notice from the department of a significant deficiency must inform the public served by the water system in a manner approved by the department of any significant deficiency that has not been corrected within twelve (12) months of being notified by the department, or earlier if directed by the department. The system must continue to inform the public annually until the significant deficiency is corrected.

(I) The information must include:

(a) The nature of the significant deficiency and the date the significant deficiency was identified by the department;

(b) The department-approved plan and schedule for correction of the significant deficiency, including interim measures, progress to date, and any interim measures completed; and (c) For systems with a large proportion of non-English speaking consumers, as determined by the department, information in the appropriate language(s) regarding the importance of the notice or a telephone number or address where consumers may contact the system to obtain a translated copy of the notice or assistance in the appropriate language.

(II) If directed by the department, a noncommunity water system with significant deficiencies that have been corrected must inform its customers of the significant deficiencies, how the deficiencies were corrected, and the dates of correction.

(B) Compliance Monitoring.

1. Existing ground water sources. A ground water system that is not required to meet the source water monitoring requirements of this rule for any ground water source because it provides at least 4-log treatment of viruses before or at the first customer for any ground water source before December 1, 2009, must notify the department in writing that it provides at least 4-log tomer for the specified ground water source and begin compliance monitoring in accordance with paragraph (4)(B)3. of this rule by December 1, 2009. Notification to the department must include engineering, operational, or other information that the department requests to evaluate the submission. If the system subsequently discontinues 4-log tomer for a ground water source, the system must conduct ground water source monitoring as required under section (3) of this rule.

2. New ground water sources. A ground water system that places a ground water source in service after November 30, 2009, that is not required to meet the source water monitoring requirements of this rule because the system provides at least 4-log treatment of viruses before or at the first customer for the ground water source must comply with the A. The system must notify the department in writing that it provides at least 4-log tomer for the ground water source.

Notification to the department must include engineering, operational, or other information that the department requests to evaluate the submission;

B. The system must conduct compliance monitoring as required under paragraph (4)(B)3. of this rule within thirty (30) days of placing the source in service; and C. The system must conduct ground water source monitoring under section (3) of this rule if the system subsequently discontinues 4-log treatment of viruses before or at the first customer for the ground water source.

3. Monitoring requirements. A ground water system subject to the requirements of subsection (4)(A), or paragraph (4)(B)1. or (4)(B)2. of this rule must monitor the effectiveness and reliability of treatment for that ground water source before or at the first customer as follows:

A. Chemical disinfection.

(I) A ground water system that serves greater than three thousand three hundred (3,300) people must continuously monitor the residual disinfectant concentration using analytical methods specified in 10 CSR 60-5.010(5) at a location approved by the department and must record the lowest residual disinfectant concentration each day that water from the ground water source is served to the public. The ground water system must maintain the department-determined residual disinfectant concentration every day the ground water system serves water from the ground water source to the public. If there is a failure in the continuous monitoring equipment, the ground water system must conduct grab sampling every four (4) hours until the continuous monitoring equipment is returned to service. The system must resume continuous residual disinfectant monitoring within fourteen (14) days.

(II) A ground water system that serves three thousand three hundred (3,300) or fewer people must monitor the residual disinfectant concentration using analytical methods specified in 10 CSR 60-5.010(5) at a location approved by the department and record the residual disinfection concentration each day that water from the ground water source is served to the public. The ground water system must maintain the departmentdetermined residual disinfectant concentration every day the ground water system serves water from the ground water source to the public. The ground water system must take a daily grab sample during the hour of peak flow or at another time specified by the department. If any daily grab sample measurement falls below the department-determined residual disinfectant concentration, the ground water system must take follow-up samples every four (4) hours until the residual disinfectant concentration is restored to the department-determined level. Alternatively, a ground water system that serves three thousand three hundred (3,300) or fewer people may monitor continuously and meet the requirements in part (I) of this subparagraph (4)(B)3.A.

B. Membrane filtration. A ground water system that uses membrane filtration to meet the requirements of this rule must monitor the membrane filtration process in accordance with all department-specified monitoring requirements and must operate the membrane filtration in accordance with all department-specified compliance requirements. The department will consider the manufacturer’s recommendations and guidelines as well as standard industry practices in setting monitoring and compliance requirements. A ground water system that uses membrane filtration is in compliance with the requirement to achieve at least 4-log removal of viruses when— (I) The membrane has an absolute molecular weight cut-off, or an alternate parameter that describes the exclusion characteristics of the membrane, that can reliably achieve at least 4-log removal of viruses;

(II) The membrane process is operated in accordance with department-specified compliance requirements; and (III) The integrity of the membrane is intact.

C. Alternative treatment. A ground water system that uses a department-approved alternative treatment to meet the requirements of this rule by providing at least 4-log tomer must monitor the alternative treatment in accordance with all department-specified monitoring requirements and operate the alternative treatment in accordance with all compliance requirements that the department determines to be necessary to achieve at least 4-log treatment of viruses. The department will consider the manufacturer’s recommendations and guidelines as well as standard industry practices in setting monitoring and compliance requirements for the approved alternative treatment.

(C) Discontinuing Treatment. A ground water system may discontinue 4-log treatment of viruses before or at the first customer for a ground water source if the department determines and documents in writing that 4log treatment of viruses is no longer necessary for that ground water source. A system that discontinues 4-log treatment of viruses is subject to the source water monitoring and analytical methods requirements of section (3) of this rule.

16CODE OF STATE REGULATIONS

(D) Failure to meet the monitoring requirements of this section is a monitoring violation and requires the ground water system to provide public notification under section 10 CSR 60-8.010(4) (Tier 3 notice).

(5) Treatment Technique Violations for Ground Water Systems.

(A) A ground water system with a significant deficiency is in violation of the treatment technique requirement if, within one hundred twenty (120) days (or earlier if directed by the department) of receiving written notice from the department of the significant deficiency, the system— 1. Does not complete corrective action in accordance with any applicable department guidance and direction, including department-specified interim actions and measures; or 2. Is not in compliance with a depart- (B) Unless the department invalidates a fecal indicator-positive ground water source sample under subsection (3)(D) of this rule, a ground water system is in violation of the treatment technique requirement if, within one hundred twenty (120) days (or earlier if directed by the department) of meeting the conditions of paragraph (4)(A)1. or (4)(A)2. of this rule, the system— 1. Does not complete corrective action in accordance with any applicable department guidance and direction, including department-specified interim measures; or 2. Is not in compliance with a depart- (C) A ground water system subject to the requirements of paragraph (4)(B)3. of this

rule that fails to maintain at least 4-log treatment of viruses before or at the first customer for a ground water source is in violation of the treatment technique requirement if the failure is not corrected within four (4) hours of determining the system is not maintaining at least 4-log treatment of viruses before or at the first customer.

(D) Ground water system must give public notification under section 10 CSR 60-8.010(3)

(Tier 2 notice) for the treatment technique violations specified in this section.

(6) Reporting Requirements. Reporting requirements are in 10 CSR 60-7.010 Reporting Requirements.

(7) Record-Keeping Requirements. Recordkeeping requirements are in 10 CSR 60-9.010 Requirements for Maintaining Public Water System Records.

Original rule filed April 14, 2010, effective Dec. 30, 2010. Amended: Filed Aug. 12, 2015, effective March 30, 2016. Amended:

Filed June 13, 2018, effective Feb. 28, 2019. *Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999, 2002, 2006, 2012, 2014.

##### **10 CSR 60-4.030** Maximum Inorganic Chemical Contaminant Levels, Action contaminant levels, action levels and monitoring requirements for inorganic contaminants. {#sec-10-csr-60-4.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-4.030}

(1) Maximum Contaminant Levels (MCL) or Action Levels.

(A) The maximum contaminant or action level listed as follows for inorganic chemicals 1.–17. apply to community water systems.

The maximum contaminant or action level listed as follows for inorganic chemicals 1.– 9. and 11.–17. apply to nontransient noncommunity water systems. The maximum contaminant or action level listed as follows for inorganic chemicals 13.–15. apply to transient noncommunity water systems:

Contaminant ContaminantLevel (MCL)

1. Antimony0.006 mg/l 2. Arsenic 0.05 mg/l (until Jan. 23, 2006) 0.010 mg/l (effective Jan. 23, 2006)

3. Asbestos 7 million fibers/liter (longer than 10 μm in length)

4. Barium 2 mg/l 5. Beryllium 0.004 mg/l 6. Cadmium 0.005 mg/l 7. Chromium0.1 mg/l 8. Copper* (See 10 CSR 60- 15.010(3)(B).)

9. Cyanide0.2 mg/l 10. Fluoride4.0 mg/l 11. Lead* (See 10 CSR 60- 15.010(3)(A).)

12. Mercury0.002 mg/l 13. Nitrate10 mg/l (as nitrogen)

14. Nitrite1 mg/l (as nitrogen)

15. Total Nitrate and Nitrite10 mg/l (as nitrogen)

16. Selenium 0.05 mg/l 17. Thallium 0.002 mg/l *Indicates action levels rather than maximum contaminant levels.

(B) Nitrate levels not to exceed twenty (20) mg/l may be allowed in a noncommunity water system if the supplier of water demonstrates to the satisfaction of the department that all of the following factors apply to the situation:

1. Such water will not be available to children under six (6) months of age;

2. The noncommunity water system is meeting the public notification requirements under 10 CSR 60-8.010(9), including continuous posting of the fact that nitrate levels exceed ten (10) mg/l and the potential health effects of exposure;

3. Local and state public health authorities will be notified annually of nitrate levels that exceed ten (10) mg/l; and 4. No adverse health effects shall result.

(2) Monitoring Frequency.

(A) Asbestos. The frequency of monitoring to determine compliance with the maximum contaminant level (MCL) for asbestos specified in section (1) of this rule shall be con- 1. Each community and nontransient noncommunity water system is required to monitor for asbestos during the first three (3)-year compliance period of each nine (9)year compliance cycle;

2. If monitoring data collected after January 1, 1990, are generally consistent with the requirements of subsection (2)(A) of this rule, then the state may allow systems to use those data to satisfy the monitoring requirement for the initial three (3)-year compliance period;

3. Waivers.

A. The system may apply to the department for a use waiver as described in 10 CSR 60-6.060(2). If the department grants the waiver, the system is not required to monitor while the waiver is effective. A waiver remains in effect until the completion of the three (3)-year compliance period and must be renewed for subsequent compliance periods.

Systems not receiving a waiver must monitor in accordance with the provisions of paragraph (2)(A)1. of this rule.

B. The department may grant a waiver based on the potential asbestos contamination of the water source and the use of asbestos-cement pipe for finished water distribution and the corrosive nature of the 4. Increased and decreased monitoring.

A. A system that is out of compliance with the MCL as determined in section (6) of this rule shall monitor quarterly beginning in the next quarter after the violation occurs.

B. The department may decrease the quarterly monitoring requirement to the frequency specified in paragraph (2)(A)1. of this

rule provided the department has determined that the analytical results for the system are reliably and consistently less than the MCL.

In no case can the department make this determination unless a groundwater system takes a minimum of two (2) quarterly samples and a surface (or combined surface/ground) water system takes a minimum of four (4) quarterly samples; and 5. Sample collection.

A. A system vulnerable to asbestos contamination due solely to corrosion of asbestos-cement pipe shall take at least one (1) sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

B. A system vulnerable to asbestos contamination due solely to source water shall monitor in accordance with the provision of section (4) of this rule.

C. A system vulnerable to asbestos contamination due both to its source water supply and corrosion of asbestos-cement pipe shall take at least one (1) sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

(B) Inorganic Chemicals. Community and shall monitor for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium and thallium as set forth here.

1. Groundwater systems shall take one (1) sample at each sampling point during each three (3)-year compliance period beginning in the initial compliance period. Surface water systems (or combined surface/ground) shall take one (1) sample annually at each sampling point beginning in the initial compliance period.

2. Waivers.

A. The system may apply to the department for a susceptibility waiver as described in 10 CSR 60-6.060(3). If the department grants the waiver, the system is required to take a minimum of one (1) sample while the waiver is effective. The term during which the waiver is effective shall not exceed one (1) nine (9)-year compliance cycle. Systems not receiving a waiver must monitor in accordance with the provisions of paragraph (2)(B)1. of this rule.

B. The department may grant a waiver provided surface water systems have monitored annually for at least three (3) years and groundwater systems have conducted a minimum of three (3) rounds of monitoring. At least one (1) sample shall have been taken since January 1, 1990. Both surface and ground water systems shall demonstrate that all previous analytical results were reliably and consistently less than the MCL. Systems that use a new water source are not eligible for a waiver until three (3) rounds of monitoring from the new source have been completed.

C. In determining the appropriate reduced monitoring frequency, the department shall consider the reported concentrations from all previous monitoring, the degree of variation in reported concentrations and other factors which may affect contaminant concentrations (such as changes in groundwater pumping rates, changes in the system’s configuration, changes in the system’s operating procedures, or changes in stream flows or characteristics).

D. A decision by the department to grant a waiver shall be made in writing and shall set forth the basis for the determination.

The determination may be initiated by the department or upon an application by the public water system. The public water system shall specify the basis for its request. The department shall review and, where appropriate, revise its determination of the appropriate monitoring frequency when the system submits new monitoring data or when other data relevant to the system’s appropriate monitoring frequency become available.

E. The department may grant a waiver for monitoring for cyanide, if the department determines that the system is not vulnerable due to lack of proximity to any industrial source of cyanide.

3. Increased and decreased monitoring.

A. Systems which exceed the MCLs as calculated in section (6) of this rule shall monitor quarterly beginning in the next quarter after the violation occurs.

B. Where the results of sampling for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium indicate an exceedance of the maximum contaminant level, the department may require that one (1) additional sample be collected as soon as possible after the initial sample was taken (but not to exceed two (2) weeks) at the same sampling point.

C. The department may decrease the quarterly monitoring requirement to the frequencies specified in paragraph (2)(B)1. of this rule provided it has determined that the analytical results for the system are reliably and consistently below the MCL. In no case can the department make this determination unless a groundwater system takes a minimum of two (2) quarterly samples and a surface water system (or combined surface/ ground) takes a minimum of four (4) quarterly samples.

D. All new systems or systems that use a new source of water that begin operation after January 22, 2004 must demonstrate compliance with the MCL within a period of time specified by the department. The system must also comply with the initial sampling frequencies specified by the department to ensure a system can demonstrate compliance with the MCL. Routine and increased accordance with the requirements in this section (2).

E. For systems which are conducting monitoring at a frequency greater than annual, compliance with the maximum contaminant levels for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium is determined by a running annual average at any sampling point. If the average at any sampling point is greater than the MCL, then the system is out of compliance.

If any one (1) sample would cause the annual average to be exceeded, then the system is out of compliance immediately. Any sample below the method detection limit shall be calculated at zero (0) for the purpose of determining the annual average. If a system fails to collect the required number of samples, compliance (average concentration) will be based F. For systems which are monitoring annually, or less frequently, and whose sample exceeds one-half (1/2) the MCL for antimony, arsenic, asbestos, barium, beryllium, cury, nickel, selenium, or thallium, the system must begin quarterly monitoring. The system will not be in violation of the MCL until is has completed one (1) year of quarterly monitoring. If any sample result will cause the running annual average to exceed the MCL at any sampling point, the system is out of compliance with the MCL. If a system fails to collect the required number of samples, compliance (average concentration) will be based on the total number of samples collected.

G. Arsenic sampling results will be reported to the nearest 0.001 mg/l.

(C) Nitrate. All public water systems (community; nontransient noncommunity; and transient noncommunity) shall monitor to determine compliance with the MCL for nitrate specified in section (1) of this rule.

The frequency of monitoring shall be con- 1. Groundwater systems.

A. All public water systems (community; nontransient noncommunity; and transient 18CODE OF STATE REGULATIONS noncommunity) served by groundwater systems shall monitor annually beginning in the initial compliance period.

B. The repeat monitoring frequency for groundwater systems shall be quarterly for at least one (1) year following any one (1) sample in which the concentration is greater than or equal to fifty percent (≥50%) of the C. The department may allow a groundwater system to reduce the sampling frequency to an annual basis after four (4) consecutive quarterly samples are reliably and consistently less than fifty percent (<50%) of the MCL.

D. After a round of quarterly sampling is completed, a system which is monitoring annually shall take subsequent samples ed in the highest analytical result; and 2. Surface water systems.

A. All public water systems (community; nontransient noncommunity; and transient noncommunity) served by a surface water system shall monitor quarterly beginning in the initial compliance period.

B. The department may allow a surface water system to reduce the sampling frequency to annually if all analytical results from four (4) consecutive quarters are less than fifty percent (<50%) of the MCL.

C. A surface water system shall return to quarterly monitoring if any one (1) sample is greater than or equal to fifty percent (≥50%) of the MCL.

D. After a round of quarterly sampling is completed, a system which is monitoring annually shall take subsequent samples ed in the highest analytical result.

(D) Nitrite. All public water systems (community; nontransient noncommunity; and transient noncommunity) shall monitor to determine compliance with the MCL for nitrite specified in section (1) of this rule.

The frequency of monitoring shall be con- 1. All public water systems shall take one (1) sample at each sampling point in the initial three (3)-year compliance period;

2. After the initial sample, systems where an analytical result for nitrite is less than fifty percent (<50%) of the MCL shall monitor at the frequency specified by the department; and 3. Repeat monitoring.

A. The repeat monitoring frequency for any water system shall be quarterly for at least one (1) year following any one (1) sample in which the concentration is greater than or equal to fifty percent (≥50%) of the B. The department may allow a system to reduce the sampling frequency to annually after determining the analytical results for the system are reliably and consistently less than the MCL.

C. Systems which are monitoring annually shall take each subsequent sample ed in the highest analytical result.

(E) Lead and Copper. All community and are required to monitor for lead and copper (see 10 CSR 60-15.070 for monitoring frequency, requirements and protocol for lead and copper).

(3) Monitoring Requirements.

(A) Each public water system shall monitor at the time designated by the department during each three (3)-year compliance period.

(B) Systems may apply to the department to conduct more frequent monitoring than the minimum monitoring frequencies specified in this chapter.

(C) The department may require more frequent monitoring than specified in section (2) of this rule or may require confirmation samples for positive and negative results at its discretion.

(4) Monitoring Protocol. For the purpose of determining compliance with MCLs, samples must be collected for analyses as follows:

(A) All public water systems shall take a minimum of one (1) sample at every entry point to the distribution system after any application of treatment which is representative of each source after treatment (called a sampling point) beginning in the initial compliance period;

(B) The system shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant; and (C) If a system draws water from more conditions (that is, when water is representative of all sources being used).

(5) Confirmation Samples.

(A) Where the results of sampling for antimony, arsenic, asbestos, barium, beryllium, cury, selenium or thallium indicate an exceedance of the MCL, the department may require that one (1) additional sample be collected as soon as possible after the initial sample was taken (but not to exceed two (2) weeks) at the same sampling point.

(B) Nitrate and Nitrite.

1. Where nitrate or nitrite sampling results indicate an exceedance of the MCL, the system shall take a confirmation sample within twenty-four (24) hours of the system’s receipt of notification of the analytical results of the first sample.

2. Systems unable to comply with the twenty-four (24)-hour sampling requirement must immediately notify persons served by the public water system in accordance with 10 CSR 60-8.010(2). Systems exercising this option must take and analyze a confirmation sample within two (2) weeks of notification of the analytical results of the first sample.

(C) If a department-required confirmation sample is taken for any contaminant, then the results of the initial and confirmation sample shall be averaged. The resulting average shall be used to determine the system’s compliance in accordance with section (6) of this rule.

The department has the discretion to delete results of obvious sampling errors.

(6) Compliance. Compliance with section (1) of this rule shall be determined based on the analytical result(s) obtained at each sampling point.

(A) For systems which are conducting monitoring at a frequency greater than annu al, compliance with the MCLs for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, selenium or thallium is determined by a running annual average at each sampling point. If the average at any sampling point is greater than the MCL, then the system is out of compliance. If any one (1) sample would cause the annual average to be exceeded, then the system is out of compliance immediately.

Any sample below the method detection limit shall be calculated at zero (0) for the purpose of determining the annual average.

(B) For systems which are monitoring annually, or less frequently, the system is out of compliance with the MCLs for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, selenium or thallium if the level of a contaminant at any sampling point is greater than the MCL. If a confirmation sample is required by the department, the determination of compliance will be based on the average of the two (2) samples.

(C) Compliance with the MCLs for nitrate and nitrite is determined based on one (1) sample if the levels of these contaminants is below the MCLs. If the levels exceed the MCLs in the initial sample, a confirmation sample is required in accordance with sub-

section (5)(B) of this rule and compliance shall be determined based on the average of the initial and confirmation samples.

(D) All community and nontransient noncommunity water systems are required to monitor for lead and copper (see 10 CSR 60- 15.070 for compliance requirements if lead and copper action levels are exceeded).

(7) Public Notice. If the result of analyses indicates that the level of antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, selenium or thallium exceeds the MCL, the supplier of water must report to the department within seven (7) days.

(A) When the system is out of compliance for antimony, asbestos, barium, beryllium, cury, selenium or thallium, as determined by

section (6) of this rule, the supplier of water must notify the department as required by 10 CSR 60-7.010 and give public notice as (B) When the system is out of compliance for nitrate, nitrite or total nitrate and nitrite, as determined by section (6) of this rule, the supplier of water must notify the department as required by 10 CSR 60-7.010 and give public notice as required by 10 CSR 60-8.010.

(C) When the system is out of compliance for lead or copper as determined by 10 CSR 60-15.070, 10 CSR 60-15.080 and 10 CSR 60-15.090, the supplier of water must notify the department as required by 10 CSR 60- 7.020 and give public notice as required by 10 CSR 60-8.010.

Amended: Filed Aug. 4, 1987, effective Jan. 1, 1988. Rescinded and readopted: Filed March 31, 1992, effective Dec. 3, 1992.

Amended: Filed Aug. 4, 1992, effective May 6, 1993. Amended: Filed May 4, 1993, effective Jan. 13, 1994. Amended: Filed Feb. 1, 1996, effective Oct. 30, 1996. Amended: 2003.

##### **10 CSR 60-4.040** Maximum Synthetic Organic Chemical Contaminant Levels and Monitoring Requirements ments for synthetic organic chemical contaminants. {#sec-10-csr-60-4.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-4.040}

(1) The following are the maximum contaminant levels (MCLs) for synthetic organic chemical contaminants.

ContaminantMilligrams Per Liter 1. Alachlor0.002 2. Atrazine0.003 3. Benzo(a)pyrene0.0002 4. Carbofuran0.04 5. Chlordane0.002 6. Dalapon0.2 7. Di(2-ethylhexyl) adipate0.4 8. Dibromochloropropane (DBCP) 0.0002 9. Di(2-ethylhexyl) phthlate0.006 10. Dinoseb0.007 11. Diquat0.02 12. Endothall0.1 13. Endrin0.002 14. 2,4-D0.07 15. Ethylene dibromide (EDB)0.00005 16. Glyphosate0.7 17. Heptachlor0.0004 18. Heptachlor epoxide 0.0002 19. Hexachlorobenzene 0.001 20. Hexachlorocyclopentadiene0.05 21. Lindane0.0002 22. Methoxychlor0.04 23. Oxamyl (Vydate)0.2 24. Picloram0.5 25. Polychlorinated biphenyls (PCBs) 0.0005 (as determined by Method 508A only)

26. Pentachlorophenol0.001 27. Simazine0.004 28. Toxaphene0.003 29. 2,3,7,8-TCDD (Dioxin) 0.00000003 30. 2,4,5-TP (Silvex)0.05 (2) For the purpose of determining compliance with MCLs, a supplier of water must collect samples of the product water for analysis as follows:

(A) During the initial three (3)-year compliance period, all community and nontransient noncommunity water systems must collect an initial round of four (4) consecutive quarterly samples unless a waiver has been granted by the department. The department will designate the year in which each system samples within this compliance period;

(B) All public water systems shall sample at points in the distribution system representative of each water source or at each entry point to the distribution system. The sampling point will be after the application of treatment, if any. Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant;

(C) If the system draws water from more conditions; and (D) The department may require more frequent monitoring than specified in this section of the rule and may require confirmation samples for positive or negative results, at its discretion.

(3) If contaminants are not detected during the initial sampling as indicated in section (2) of this rule, systems may decrease their sampling frequency beginning in the next three (3)-year compliance period.

(A) Systems that serve greater than three thousand three hundred (>3,300) persons may reduce their sampling frequencies to two (2) quarterly samples at each sampling point in one (1) year in each compliance period.

(B) Systems that serve less than or equal to three thousand three hundred (≤3,300) persons may reduce their sampling frequencies to one (1) sample in each compliance period.

(4) The department may allow sampling data collected between January 1, 1990 and December 31, 1995, to satisfy the initial base sampling requirements, if the sampling was completed as required by subsections (2)(B) and (C) of this rule.

(5) If contaminants are detected in any sample, then systems must sample quarterly beginning in the next quarter at each sampling point which resulted in a detection.

(A) Groundwater systems must sample a minimum of two (2) quarters and surface water must sample a minimum of four (4) quarters to establish a baseline.

(B) If the MCL is exceeded as described in subsection (5)(E) or (F) of this rule, then systems must sample quarterly beginning in the next quarter. Systems must sample a minimum of four (4) quarters to establish a baseline.

(C) If the baseline indicates a system’s analytical results are reliably and consistently below the MCL, the department may reduce the system’s sampling frequency to annually.

(Annual sampling must be conducted during the quarter which previously yielded the 20CODE OF STATE REGULATIONS highest analytical result.)

(D) Systems which have three (3) consecutive annual samples with no detection of a contaminant may apply to the department for a waiver.

(E) If one (1) sampling point is in violation of an MCL, the system is in violation of the 1. For systems monitoring more than each sampling point.

2. Systems monitoring annually or less frequently whose sample result exceeds the regulatory detection level as defined by 10 CSR 60-5.010(6)(B) must begin quarterly sampling. The system will not be considered in violation of the MCL until it has completed one (1) year of quarterly sampling.

3. If any sample result will cause the running annual average to exceed the MCL at any sampling point, the system is out of compliance with the MCL immediately.

4. If a system fails to collect the required number of samples, compliance will be based 5. If a sample result is less than the detection limit, zero will be used to calculate the annual average.

(F) If monitoring results in detection of one (1) or more of certain related contaminants (aldicarb, aldicarb sulfone, aldicarb sulfoxide and heptachlor, heptachlor epoxide), then subsequent monitoring shall analyze for all related contaminants.

(6) A public water system may apply to the department for a waiver from required sampling. Systems are eligible for reduced monitoring in the initial three (3)-year compliance period. The waiver is effective for one (1) compliance period. It must be renewed in subsequent compliance periods or the system must conduct sampling as required by sub-

section (2)(A) of this rule.

(A) A public water system may apply to the department for a use waiver for reduced monitoring from required sampling if previous use of the chemical can be ruled out as required by 10 CSR 60-6.060(2).

(B) A public water system may apply to the department for a susceptibility waiver for reduced monitoring contingent on the conduct of a thorough vulnerability assessment as required by 10 CSR 60-6.060(3).

(7) As determined by the department, a confirmation sample may be required for either positive or negative results. If a confirmation sample is used, the compliance determination is based on the average of the results of both the confirmation sample and the initial sample. The department has the discretion to delete results of obvious sampling errors from this calculation.

(8) Any public water system violating MCLs or monitoring and reporting requirements for any of the contaminants listed in section (1) of this rule must notify the department within seven (7) days and give public notice as (9) Treatment Techniques.

(A) All public water systems shall use treatment techniques in lieu of MCLs for specified contaminants.

(B) Each public water system must certify annually in writing to the department (using third-party or manufacturers’ certification) that when acrylamide and epichlorohydrin are used in drinking water systems, the combination (or product) of dose and monomer level does not exceed the levels specified as follows:

Acrylamide = 0.05% dosed at 1 part per million (ppm) (or equivalent)

Epichlorohydrin = 0.01% dosed at 20 ppm (or equivalent)

Certifications can rely on manufacturers or third parties, as approved by the department.

(10) All new systems or systems that use a new source of water that begin operation after January 22, 2004 must demonstrate compliance with the MCL or treatment technique within a period of time specified by the department. The system must also comply with the initial sampling frequencies specified by the department to ensure a system can demonstrate compliance with the MCL or treatment technique. Routine and increased accordance with the requirements in section (5) of this rule.

Rescinded and readopted: Filed March 31, 1992, effective Dec. 3, 1992. Amended: Filed May 4, 1993, effective Jan. 13, 1994. 30, 1996. Amended: Filed March 17, 2003, effective Nov. 30, 2003.

##### **10 CSR 60-4.050** Maximum Turbidity Levels and Monitoring Requirements and Filter Backwash Recycling ments for turbidity. {#sec-10-csr-60-4.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-4.050}

(1) Applicability. This rule applies to all public water systems that use surface water or ground-water under the direct influence of surface water.

(2) Enhanced Turbidity Requirements.

(A) Maximum Turbidity Levels.

1. Turbidity must be equal to or less than 0.3 turbidity units in at least ninety-five percent (95%) of the measurements taken each month; and 2. There must be no more than one (1) turbidity unit in any one (1) measurement.

(B) The frequency of sampling shall be as set forth in 10 CSR 60-4.080(3).

(C) Reporting to the Department.

1. If at any time the turbidity exceeds one (1) nephelometric turbidity unit (NTU) in representative samples of filtered water in a system using conventional filtration treatment or direct filtration, the system must inform the department as soon as possible, but no later than the end of the next business day.

2. If at any time the turbidity in representative samples of filtered water exceeds the maximum level set by the department under subsection (2)(F) of this rule for filtration technologies other than conventional filtration treatment, the system must inform the department as soon as possible, but no later than the end of the next business day.

(D) Filtration Sampling Requirements for Surface Water Systems 1. A public water system using surface water or groundwater under the direct influence of surface water that provides conventional filtration treatment must conduct continuous monitoring of turbidity for each individual filter using an approved method in 10 CSR 60-5.010 and must calibrate turbidimeters using the procedure specified by the manufacturer. Systems must record the results of individual filter monitoring every fifteen (15) minutes.

2. If there is a failure in the continuous turbidity monitoring equipment, the system must conduct grab sampling every four (4) hours in lieu of continuous monitoring, until the turbidimeter is repaired and back on-line.

A system has a maximum of five (5) working days after failure in the continuous monitoring equipment to repair the equipment before the system is in violation. With department approval, systems serving less than ten thousand (10,000) people may be granted up to fourteen (14) days to repair the equipment before the system is in violation.

(E) Lime Softening.

1. A system that uses lime softening may acidify representative samples prior to analysis using a protocol approved by the depart- 2. Systems that use lime softening may apply to the department for alternative exceedance levels for the levels specified in 10 CSR 60-7.010(6)(B) if they can demonstrate that higher turbidity levels in individual filters are due to lime carryover only and not due to degraded filter performance.

(F) Filtration Technologies Other Than Conventional Filtration Treatment.

1. A public water system may use a filtration technology other than conventional filtration if it demonstrates to the department, using pilot plant studies or other means, that the alternative filtration technology, including direct filtration, in combination with disinfection treatment that meets the requirements of 10 CSR 60-4.055, consistently achieves 99.9 percent removal and/or inactivation of Giardia lamblia cysts and 99.99 percent removal and/or inactivation of viruses, and ninety-nine percent (99%) removal of Cryptosporidiumoocysts, and the department approves the use of the filtration technology.

2. For each approval, the department will set turbidity performance requirements that the system must meet at least ninety-five percent (95%) of the time and that the system may not exceed at any time at a level that consistently achieves 99.9 percent removal and/or inactivation of Giardia lamblia cysts, 99.99 percent removal or inactivation of viruses, or both, and 99 percent removal of Cryptosporidium oocysts.

(3) Filter Backwash Recycling.

(A) Applicability. Any water treatment plant proposed for construction or major modification for a surface water or groundwater or direct filtration treatment and that will recycle spent filter backwash water, thickener supernatant, or liquids from dewatering processes must be designed to meet the filter backwash recycling requirements of this (B) Reporting. A system must notify the department in writing if the system recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes.

This notification must include, at a minimum, the following information:

1. A plant schematic showing the origin of all flows which are recycled (including, but not limited to, spent filter backwash water, thickener supernatant, and liquids from dewatering processes), the hydraulic conveyance used to transport them, and the location where they are reintroduced back into the treatment plant; and 2. Typical recycle flow in gallons per minute (gpm), the highest observed plant flow experienced in the previous year (gpm), design flow for the treatment plant (gpm), and department-approved operating capacity for the plant where the department has made such determinations.

(C) Treatment Technique Requirement.

Any system that recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes must return these flows through the processes of a system’s existing conventional or direct filtration system or at an alternate location approved by (D) Record Keeping. The system must collect and retain on file recycle flow information for review and evaluation by the department. This information shall include, but may not be limited to:

1. A copy of the recycle notification and information submitted to the department under subsection (3)(B) of this rule;

2. A list of all recycle flows and the frequency with which they are returned;

3. Average and maximum backwash flow rate through the filters and the average and maximum duration of the filter backwash process in minutes;

4. Typical filter run length and a written summary of how filter run length is determined;

5. The type of treatment provided for the recycle flow; and 6. Data on the physical dimensions of the equalization and/or treatment units, typical and maximum hydraulic loading rates, type of treatment chemicals used and average dose and frequency of use, and frequency at which solids are removed, if applicable.

Sept. 14, 1979. Amended: Filed April 14, 1981, effective Oct. 11, 1981. Amended: Filed July 12, 1991, effective Feb. 6, 1992. 30, 1996. Amended: Filed Dec. 15, 1999, effective Sept. 1, 2000. Amended: Filed Jan. 16, 2002, effective Nov. 30, 2002. Amended:

2003. Amended: Filed June 13, 2018, effective Feb. 28, 2019.

##### **10 CSR 60-4.052** Source Water Monitoring and Enhanced Treatment Requirements {#sec-10-csr-60-4.052 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-4.052}

PURPOSE: This rule establishes source water monitoring requirements and enhanced treatment for Cryptosporidium for surface water systems and systems under the direct influence of surface water.These requirements are in addition to requirements for filtration and disinfection in 10 CSR 60-4.050 and 10 CSR 60-4.055. This rule adopts the requirements found in subpart W of 40 CFR

part 141.

(1) Enhanced Treatment for Cryptosporidium General Requirements.

(A) The requirements of this rule are national primary drinking water regulations.

The regulations in this rule establish or extend treatment technique requirements in lieu of maximum contaminant levels for Cryptosporidium.These requirements are in addition to requirements for filtration and disinfection in 10 CSR 60-4.050 and 10 CSR 60-4.055.

(B) Applicability.

1. The requirements of this rule apply to all public water systems supplied by a surface water source and public water systems supplied by a ground water source under the direct influence of surface water.

2. Wholesale systems, as defined in 10 CSR 60-2.015, must comply with the requirements of this rule based on the population of the largest system in the combined distribution system.

(C) Requirements. Systems subject to this

rule must comply with the following requirements:

1. Systems must conduct an initial and a second round of source water monitoring for each plant that treats a surface water or surface water (GWUDISW) source. This monitoring may include sampling for Cryptosporidium, E. coli, and turbidity as described in sections (2)–(6) of this rule, to determine what level, if any, of additional Cryptosporidium treatment they must provide;

2. Systems that plan to make a significant change to their disinfection practice must develop disinfection profiles and calculate disinfection benchmarks, as described in sections (8) and (9) of this rule;

3. Filtered systems must determine their Cryptosporidium treatment bin classification as described in section (10) of this rule and provide additional treatment for Cryptosporidium, if required, as described in

section (11) of this rule. Filtered systems must implement Cryptosporidium treatment 22CODE OF STATE REGULATIONS according to the schedule in section (12) of this rule;

4. Systems required to provide additional treatment for Cryptosporidium must implement microbial toolbox options that are designed and operated as described in sections (13)–(18) of this rule; and 5. Systems must comply with the applicable record-keeping and reporting requirements described in 10 CSR 60-7.010 and 10 CSR 60-9.010.

(2) Source Water Monitoring Requirements.

(A) Initial Round of Source Water Monitoring.Systems must conduct the following monitoring on the schedule in subsection (2)(C) of this rule unless they meet the monitoring exemption criteria in subsection (2)(D) of this rule.

1. Filtered systems serving at least ten thousand (10,000) people must sample their source water for Cryptosporidium, E. coli, and turbidity at least monthly for twenty-four (24) months.

2. Filtered systems serving fewer than ten thousand (10,000) people must sample their source water for E. coli at least once every two (2) weeks for twelve (12) months.

3. A filtered system serving fewer than ten thousand (10,000) people may avoid E. coli monitoring if the system notifies the department that it will monitor for Cryptosporidium as described in paragraph (2)(A)4. of this rule. The system must notify the department no later than three (3) months prior to the date the system is otherwise required to start E. coli monitoring under subsection (2)(C) of this rule.

4. Filtered systems serving fewer than ten thousand (10,000) people must sample their source water for Cryptosporidium at least twice per month for twelve (12) months or at least monthly for twenty-four (24) months if they meet one (1) of the following, based on monitoring conducted under paragraphs (2)(A)2. and 3. of this rule.

A. For systems using lake or reservoir sources, the annual mean E. coli concentration is greater than 10 E. coli/100 mL.

B. For systems using flowing stream sources, the annual mean E. coli concentration is greater than 50 E. coli/100 mL.

C. The system does not conduct E. coli monitoring as described in paragraphs (2)(A)2. and 3. of this rule.

D. Systems using ground water under the direct influence of surface water (GWUDISW) must comply with the requirements of paragraph (2)(A)4. of this rule based on the E. coli level that applies to the nearest surface water body. If no surface water body is nearby, the system must comply based on the requirements that apply to systems using lake/reservoir sources.

5. For filtered systems serving fewer than ten thousand (10,000) people, the department may approve monitoring for an indicator other than E. coli under paragraph (2)(A)2. of this rule. The department also may approve an alternative to the E. coli concentration in subparagraph (2)(A)4.A., B., or D. of this rule to trigger Cryptosporidium monitoring. This approval by the department must be provided to the system in writing and must include the basis for the department’s determination that the alternative indicator and/or trigger level will provide a more accurate identification of whether a system will exceed the Bin 1 Cryptosporidium level in

section (10) of this rule.

6. Systems may sample more frequently than required under this section if the sampling frequency is evenly spaced throughout the monitoring period.

(B) Second Round of Source Water Monitoring.Systems must conduct a second round of source water monitoring that meets the requirements for monitoring parameters, frequency, and duration described in subsection (2)(A) of this rule, unless they meet the monitoring exemption criteria in subsection (2)(D) of this rule. Systems must conduct this monitoring on the schedule in subsection (2)(C) of this rule.

(C) Monitoring Schedule.Systems must begin the monitoring required in subsection (2)(A) and subsection (2)(B) of this rule no later than the month beginning with the date listed in this table— (D) Monitoring Avoidance.

1. Filtered systems are not required to conduct source water monitoring under this

rule if the system will provide a total of at least 5.5-log of treatment for Cryptosporidium, equivalent to meeting the treatment requirements of Bin 4 in section (11) of this rule.

2. If a system chooses to provide the level of treatment in paragraph (2)(D)1. of this rule as applicable, rather than start source water monitoring, the system must notify the department in writing no later than the date the system is otherwise required to submit a sampling schedule for monitoring under section (3) of this rule. Alternatively, a system may choose to stop sampling at any point after it has initiated monitoring if it notifies the department in writing that it will provide this level of treatment. Systems must install and operate technologies to provide this level of treatment by the applicable treatment compliance date in section (12) of this (E) Plants Operating Only Part of the Year.

Systems with plants that operate for only part of the year must conduct source water monitoring in accordance with this rule, but with the following modifications:

1. Systems must sample their source water only during the months that the plant operates unless the department specifies another monitoring period based on plant operating practices; and 2. Systems with plants that operate less than six (6) months per year and that monitor for Cryptosporidium must collect at least six (6) Cryptosporidium samples per year during each of two (2) years of monitoring. Samples must be evenly spaced throughout the period the plant operates.

(F) New Source Requirements.

1. A system that begins using a new source of surface water or GWUDISW after the system is required to begin monitoring under subsection (2)(C) of this rule must monitor the new source on a schedule the department approves. Source water monitoring must meet the requirements of this rule.

The system must also meet the bin classification and Cryptosporidium treatment requirements of sections (10) and (11) of this rule, as applicable, for the new source on a schedule the department approves.

2. The requirements of subsection (2)(F) of this rule apply to surface water systems and ground water under the direct influence of surface water systems that begin operation after the monitoring start date applicable to the system’s size under subsection (2)(C) of 3. The system must begin a second round of source water monitoring no later than six (6) years following initial bin classification under section (10) of this rule.

(G) Failure to collect any source water sample required under this section in accordance with the sampling schedule, sampling location, analytical method, approved laboratory, and reporting requirements of sections (3) through (6) of this rule is a monitoring violation.

(H) Grandfathering Monitoring Data.

Systems may use (i.e., may “grandfather”) monitoring data collected prior to the applicable monitoring start date in subsection (2)(C) to meet the initial source water monitoring requirements in subsection (2)(A) of this rule. Grandfathered data may substitute for an equivalent number of months at the end of the monitoring period. All data submitted under subsection (2)(H) must meet the requirements in section (7) of this rule.

(3) Sampling Schedules.

(A) Systems required to conduct source water monitoring under section (2) of this

rule must submit a sampling schedule that specifies the calendar dates when the system will collect each required sample.

1. Systems must submit sampling schedules no later than three (3) months prior to the applicable date listed in subsection (2)(C) of this rule for each round of required monitoring.

2. Systems serving at least ten thousand (10,000) people must submit their sampling schedule for the initial round of source water monitoring under subsection (2)(A) of this

rule to the Environmental Protection Agency (EPA) electronically at the web address specified by the EPA for this purpose. If a system is unable to submit the sampling schedule electronically, the system may use an alternative approach for submitting the sampling schedule that the EPA approves.

3. Systems serving fewer than ten thousand (10,000) people must submit their sampling schedules for the initial round of source water monitoring in subsection (2)(A) of this

rule to the department.

4. Systems must submit sampling schedules for the second round of source water monitoring in subsection (2)(B) of this rule to 5. If the EPA or the department does not respond to a system regarding its sampling schedule, the system must sample at the reported schedule.

(B) Systems must collect samples within two (2) days before or two (2) days after the dates indicated in their sampling schedule (that is, within a five (5)-day period around the schedule date) unless one (1) of the conditions of paragraph (3)(B)1. or 2. applies.

1. If an extreme condition or situation exists that may pose danger to the sample collector, or that cannot be avoided and causes the system to be unable to sample in the 24CODE OF STATE REGULATIONS Systems that serve:

Must begin the first round of source water monitoring no later than the month beginning:

And must begin the second round of source water monitoring no later than the month beginning:

At least 100,000 people October 1, 2006April 1, 2015 From 50,000 to 99,999 April 1, 2007October 1, 2015 From 10,000 to 49,999 April 1, 2008October 1, 2016 Fewer than 10,000 and monitor for E. coli October 1, 2008October 1, 2017 Fewer than 10,000 and monitor for Cryptosporidium (Applies to filtered systems that meet the conditions of paragraph (2)(A)3. of this rule.)

April 1, 2010April 1, 2019 Source Water Monitoring Starting Dates Table scheduled five (5)-day period, the system must sample as close to the scheduled date as is feasible unless the department approves an alternative sampling date. The system must submit an explanation for the delayed sampling date to the department concurrent with the shipment of the sample to the laboratory.

2. If a system is unable to report a valid analytical result for a scheduled sampling date due to equipment failure, loss of or damage to the sample, failure to comply with the analytical method requirements, including the quality control requirements in 10 CSR 60- 5.010, or the failure of an approved laboratory to analyze the sample, then the system must collect a replacement sample. The system must collect the replacement sample not later than twenty-one (21) days after receiving information that an analytical result cannot be reported for the scheduled date unless the system demonstrates that collecting a replacement sample within this time frame is not feasible or the department approves an alternative resampling date. The system must submit an explanation for the delayed sampling date to the department concurrent with the shipment of the sample to the laboratory.

(C) Systems that fail to meet the criteria of subsection (3)(B) of this rule for any source water sample required under section (2) of this rule must revise their sampling schedules to add dates for collecting all missed samples.

Systems must submit the revised schedule to the department for approval prior to when the system begins collecting the missed samples.

(4) Sampling Locations.

(A) Systems required to conduct source water monitoring under section (2) of this

rule must collect samples for each plant that treats a surface water or GWUDISW source.

Where multiple plants draw water from the same influent, such as the same pipe or intake, the department may approve one (1) set of monitoring results to be used to satisfy the requirements of section (2) of this rule for all plants.

(B) Systems must collect source water samples prior to chemical treatment, such as coagulants, oxidants, and disinfectants, unless the system meets the condition of paragraph (4)(B)1. of this rule.

1. The department may approve a system to collect a source water sample after chemical treatment. To grant this approval, the department must determine that collecting a sample prior to chemical treatment is not feasible for the system and that the chemical treatment is unlikely to have a significant adverse effect on the analysis of the sample.

(C) Systems that recycle filter backwash water must collect source water samples prior to the point of filter backwash water addition.

(D) Bank Filtration Requirements.

1. Systems that receive Cryptosporidium treatment credit for bank filtration under 10 CSR 60-4.050(2)(F) as applicable, must collect source water samples in the surface water prior to bank filtration.

2. Systems that use bank filtration as pretreatment to a filtration plant must collect source water samples from the well (i.e., after bank filtration). Use of bank filtration during monitoring must be consistent with routine operational practice. Systems collecting samples after a bank filtration process may not receive treatment credit for the bank filtration under subsection (15)(C) of this (E) Multiple Sources. Systems with plants that use multiple water sources, including multiple surface water sources and blended surface water and ground water sources, must collect samples as specified in paragraph (4)(E)1. or 2. of this rule. The use of multiple sources during monitoring must be consistent with routine operational practice.

1. If a sampling tap is available where the sources are combined prior to treatment, systems must collect samples from the tap.

2. If a sampling tap where the sources are combined prior to treatment is not available, systems must collect samples at each source near the intake on the same day and must follow either subparagraph (4)(E)2.A. or B. of this rule for sample analysis.

A. Systems may take composite samples from each source into one (1) sample prior to analysis. The volume of sample from each source must be weighted according to the proportion of the source in the total plant flow at the time the sample is collected.

B. Systems may analyze samples from each source separately and calculate a weighted average of the analysis results for each sampling date. The weighted average must be calculated by multiplying the analysis result for each source by the fraction the source contributed to total plant flow at the time the sample was collected and then summing these values.

(F) Additional Requirements. Systems must submit a description of their sampling location(s) to the department at the same time as the sampling schedule required under section (3) of this rule. This description must address the position of the sampling location in relation to the system’s water source(s) and treatment processes, including pretreatment, points of chemical treatment, and filter backwash recycle. If the department does not respond to a system regarding sampling location(s), the system must sample at the reported location(s).

(5) Approved Laboratories.

(A) Cryptosporidium. Systems must have Cryptosporidium samples analyzed by a laboratory that is approved under the EPA’s Laboratory Quality Assurance Evaluation Program for Analysis of Cryptosporidium in Water or a laboratory that has been certified for Cryptosporidium analysis by an equivalent state laboratory certification program.

(B) E. Coli. Any laboratory certified by the EPA, the National Environmental Laboratory Accreditation Conference, or the department for total coliform or fecal coliform analysis under 10 CSR 60-5.010(3) is approved for E. coli analysis under this rule when the laboratory uses the same technique for E. coli that the laboratory uses for 10 CSR 60-5.010(3).

(C) Turbidity. Measurements of turbidity must be made by a party approved by the (6) Reporting Source Water Monitoring Results.

(A) Systems must report results from the source water monitoring required under section (2) of this rule no later than ten (10) days after the end of the first month following the month when the sample is collected.

(B) All systems serving at least ten thousand (10,000) people must report the results from the initial source water monitoring required under subsection (2)(A) of this rule to the EPA electronically at the web address specified by the EPA for this purpose.If a system is unable to report monitoring results electronically, the system may use an alternative approach for reporting monitoring results that the EPA approves.

(C) Systems serving fewer than ten thousand (10,000) people must report results from the initial source water monitoring required under subsection (2)(A) of this rule to the (D) All systems must report results from the second round of source water monitoring required under subsection (2)(B) of this rule to the department.

(E) Systems must report the following applicable information for the source water monitoring required under section (2) of this

rule:

1. For each Cryptosporidium analysis— A. Systems must report the following data elements:

(I) Public water system (PWS) ID;

(II) Facility ID;

(III) Sample collection date;

(IV) Sample type (field or matrix spike);

(V) Sample volume filtered (L), to nearest;

(VI) Was one hundred percent (100%) of filtered volume examined; and (VII) Number of oocysts counted;

B. For matrix spike samples, systems must also report the sample volume spiked and estimated number of oocysts spiked.

These data are not required for field samples;

C. For samples in which less than ten (10) L is filtered or less than one hundred percent (100%) of the sample volume is examined, systems must also report the number of filters used and the packed pellet volume; and D. For samples in which less than one hundred percent (100%) of sample volume is examined, systems must also report the volume of resuspended concentrate and volume of this resuspension processed through immunomagnetic separation; and 2. For each E. coli analysis, systems must report the following data elements:

A. PWS ID;

B. Facility ID;

C. Sample collection date;

D. Analytical method number;

E. Method type;

F. Source type (flowing stream, lake/reservoir, GWUDISW);

G. E. coli/100 mL; and H. Turbidity. (Systems serving fewer than ten thousand (10,000) people that are not required to monitor for turbidity under section (2) of this rule are not required to report turbidity with their E. coli results.)

(7) Grandfathering Previously Collected Data.

(A) Systems may use previously collected data to comply with the initial source water monitoring requirements of subsection (2)(A) by grandfathering sample results that were collected before the system is required to begin monitoring. To be grandfathered, the sample results and analysis must meet the criteria in this section and must be approved by the department. A filtered system may grandfather Cryptosporidium samples to meet the requirements of subsection (2)(A) when the system does not have corresponding E. coli and turbidity samples. A system that grandfathers Cryptosporidium samples without E. coli and turbidity samples is not required to collect E. coli and turbidity samples when the system completes the requirements for Cryptosporidium monitoring under subsection (2)(A).

(B) E. Coli Sample Analysis. The analysis of E. coli samples must meet the analytical method and approved laboratory requirements of 10 CSR 60-5.010(3) and section (5)

(C) CryptosporidiumSample Analysis.

The analysis of Cryptosporidium samples must meet the criteria in this subsection.

1. Laboratories must have analyzed Cryptosporidium samples using one (1) of these analytical methods:

A. Method 1623:Cryptosporidium 2005, United States Environmental Protection Agency, EPA–815–R–05–002;

B. Method 1622:Cryptosporidium in Water by Filtration/IMS/FA, 2005, United EPA–815–R–05–001;

C. Method 1623:Cryptosporidium 2001, United States Environmental Protection Agency, EPA–821–R–01–025;

D. Method 1622:Cryptosporidium in Water by Filtration/IMS/FA, 2001, United EPA–821–R–01–026;

E. Method 1623:Cryptosporidium 1999, United States Environmental Protection Agency, EPA–821–R–99–006; and F. Method 1622:Cryptosporidium in Water by Filtration/IMS/FA, 1999, United EPA–821–R–99–001.

2. For each Cryptosporidium sample, the laboratory analyzed at least ten (10) L of sample or at least two (2) mL of packed pellet or as much volume as could be filtered by two (2) filters that EPA approved for the methods listed in paragraph (7)(C)1.

(D) Sampling Location. The sampling location must meet the conditions in section (4) of this rule.

(E) Sampling Frequency. Cryptosporidium samples were collected no less frequently than each calendar month on a regular schedule, beginning no earlier than January 1999.

Sample collection intervals may vary for the conditions specified in paragraphs (3)(B)1. and 2. of this rule if the system provides documentation of the condition when reporting monitoring results.

1. The department may approve grandfathering of previously collected data where there are time gaps in the sampling frequency if the system conducts additional monitoring the department specifies to ensure that the data used to comply with the initial source water monitoring requirements of subsection (2)(A) of this rule are seasonally representative and unbiased.

2. Systems may grandfather previously collected data where the sampling frequency varied within each month. If the Cryptosporidium sampling frequency varied, systems must follow the monthly averaging procedure in paragraph (10)(B)5. of this rule, as applicable, when calculating the bin classification for filtered systems.

(F) Reporting Monitoring Results for Grandfathering. Systems that request to grandfather previously collected monitoring results must report the following information by the applicable dates listed in this subsection. Systems serving at least ten thousand (10,000) people must report this information to the EPA unless the department approves reporting to the department rather than the EPA. Systems serving fewer than ten thousand (10,000) people must report this information to the department.

1. Systems must report that they intend to submit previously collected monitoring results for grandfathering. This report must specify the number of previously collected results the system will submit, the dates of the first and last sample, and whether a system will conduct additional source water monitoring to meet the requirements of sub-

section (2)(A) of this rule. Systems must report this information no later than the date the sampling schedule under section (3) of this rule is required.

2. Systems must report previously collected monitoring results for grandfathering, along with the associated documentation listed in the following subparagraphs no later than two (2) months after the applicable date listed in subsection (2)(C) of this rule:

A. For each sample result, systems must report the applicable data elements in

section (6) of this rule;

B. Systems must certify that the reported monitoring results include all results the system generated during the time period beginning with the first reported result and ending with the final reported result. This applies to samples that were collected from the sampling location specified for source water monitoring under this rule, not spiked, and analyzed using the laboratory’s routine process for the analytical methods listed in this section;

C. Systems must certify that the samples were representative of a plant’s source water(s) and the source water(s) have not changed. Systems must report a description of the sampling location(s), which must address the position of the sampling location in relation to the system’s water source(s) and treatment processes, including points of chemical addition and filter backwash recycle; and D. For Cryptosporidium samples, the laboratory or laboratories that analyzed the samples must provide a letter certifying that the quality control criteria specified in the methods listed in paragraph (7)(C)1. were met for each sample batch associated with the reported results. Alternatively, the labo ratory 26CODE OF STATE REGULATIONS may provide bench sheets and sample exami nation report forms for each field, matrix spike, Initial Precision and Recovery (IPR), Ongoing Precision and Recovery (OPR), and method blank sample associated with the reported results.

(G) If the department determines that a previously collected data set submitted for grandfathering was generated during source water conditions that were not normal for the system, such as a drought, the department may disapprove the data. Alternatively, the department may approve the previously collected data if the system reports additional source water monitoring data, as determined by the department, to ensure that the data set used under section (10) of this rule represents average source water conditions for the system.

(H) If a system submits previously collected data that fully meet the number of samples required for initial source water monitoring under subsection (2)(A) of this rule and some of the data are rejected due to not meeting the requirements of this section, systems must conduct additional monitoring to replace rejected data on a schedule the department approves. Systems are not required to begin this additional monitoring until two (2) months after notification that data have been rejected and additional monitoring is necessary.

(8) Disinfection Profiling and Benchmarking (A) Following the completion of initial source water monitoring, a system that plans to make a significant change to its disinfection practice, as defined in this section, must develop disinfection profiles and calculate disinfection benchmarks for Giardia lamblia and viruses as described in section (9) of this

rule. Prior to changing the disinfection practice, the system must notify the department and must include in this notice the following information:

1. A completed disinfection profile and disinfection benchmark for Giardia lamblia and viruses as described in section (9) of this

rule;

2. A description of the proposed change in disinfection practice; and 3. An analysis of how the proposed change will affect the current level of disinfection.

(B) Significant changes to disinfection practice are defined as follows:

1. Changes to the point of disinfection;

2. Changes to the disinfectant(s) used in the treatment plant;

3. Changes to the disinfection process; or 4. Any other modification identified by the department as a significant change to disinfection practice.

(9) Developing the Disinfection Profile and Benchmark.

(A) Systems required to develop disinfection profiles under section (8) of this rule must follow the requirements of this section.

Systems must monitor at least weekly for a period of twelve (12) consecutive months to determine the total log inactivation for Giardia lamblia and viruses. If systems monitor more frequently, the monitoring frequency must be evenly spaced. Systems that operate for fewer than twelve (12) months per year must monitor weekly during the period of operation. Systems must determine log inactivation for Giardia lamblia through the entire plant, based on CT values in the Guidance Manual for Surface Water System Treatment Requirements, January 1992, as applicable. Systems must determine log inactivation for viruses through the entire treatment plant based on a protocol approved by (B) Systems with a single point of disinfectant application prior to the entrance to the distribution system must conduct the monitoring specified here. Systems with more than one (1) point of disinfectant application must conduct this monitoring for each disinfection segment. Systems must monitor the parameters necessary to determine the total inactivation ratio, using analytical methods in 10 CSR 60- 5.010.

1. For systems using a disinfectant other than ultraviolet light (UV), the temperature of the disinfected water must be measured at each residual disinfectant concentration sampling point during peak hourly flow or at an alternative location approved by the depart- 2. For systems using chlorine, the pH of the disinfected water must be measured at each chlorine residual disinfectant concentration sampling point during peak hourly flow or at an alternative location approved by the 3. The disinfectant contact time(s), (t), must be determined during peak hourly flow.

4. The residual disinfectant concentration(s), (C), of the water before or at the first disinfectant application must be measured during peak hourly flow.

(C) In lieu of conducting new monitoring under subsection (9)(B), systems may elect to meet the requirements of paragraph (9)(C)1. or 2.

1. Systems that have at least one (1) year of existing data that are substantially equivalent to data collected under the provisions of subsection (9)(B) may use these data to develop disinfection profiles as specified in this

section if the system has neither made a significant change to its treatment practice nor changed sources since the data were collected. Systems may develop disinfection profiles using up to three (3) years of existing data.

2. Systems may use disinfection profile(s) developed under 10 CSR 60- 4.055(6)(C) in lieu of developing a new profile if the system has neither made a significant change to its treatment practice nor changed sources since the profile was developed. Systems that have not developed a virus profile under 10 CSR 60-4.055(6)(C) must develop a virus profile using the same monitoring data on which the Giardia lamblia profile is based.

(D) Systems must calculate the total inactivation ratio for Giardia lamblia as specified here.

1. Systems using only one (1) point of disinfectant application may determine the total inactivation ratio for the disinfection segment based on either of the methods in subparagraph (9)(D)1.A. or B.

A. Determine one (1) inactivation ratio (CTcalc/CT ) before or at the first customer during peak hourly flow.

B. Determine successive CTcalc/ values, representing sequential inactivation ratios, between the point of disinfectant application and a point before or at the first customer during peak hourly flow. The system must calculate the total inactivation ratio by determining (CTcalc/CT ) for each sequence and then adding the (CTcalc/ ) values together to determine ( )).

2. Systems using more than one (1) point of disinfectant application before the first customer must determine the CT value of each disinfection segment immediately prior to the next point of disinfectant application, or for the final segment, before or at the first customer, during peak hourly flow. The ) value of each segment and ( )) must be calculated using the method in subparagraph (9)(D)1.A. of this 3. The system must determine the total logs of inactivation by multiplying the value calculated in paragraph (9)(D)1. or 2. by three (3).

4. Systems must calculate the log of inactivation for viruses using a protocol approved by the department.

(E) Systems must use the procedures specified in paragraphs (9)(E)1. and 2. to calculate a disinfection benchmark.

1. For each year of profiling data collected and calculated under subsections (9)(A)–(D) of this rule, systems must determine the lowest mean monthly level of both Giardia lamblia and virus inactivation.

Systems must determine the mean Giardia lamblia and virus inactivation for each calendar month for each year of profiling data by dividing the sum of daily or weekly Giardia lamblia and virus log inactivation by the number of values calculated for that month.

2. The disinfection benchmark is the lowest monthly mean value (for systems with one (1) year of profiling data) or the mean of the lowest monthly mean values (for systems with more than one (1) year of profiling data) of Giardia lamblia and virus log inactivation in each year of profiling data.

(10) Bin Classification for Filtered Systems.

(A) Following completion of the initial round of source water monitoring required under subsection (2)(A) of this rule, filtered systems must calculate an initial Cryptosporidium bin concentration for each plant for which monitoring was required.

Calculation of the bin concentration must use the Cryptosporidium results reported under subsection (2)(A) of this rule and must follow the procedures in subsection (10)(B) of this (B) Procedures for Bin Determination.

1. For systems that collect a total of at least forty-eight (48) samples, the bin concentration is equal to the arithmetic mean of all sample concentrations.

2. For systems that collect a total of at least twenty-four (24) samples, but not more than forty-seven (47) samples, the bin concentration is equal to the highest arithmetic mean of all sample concentrations in any twelve (12) consecutive months during which Cryptosporidium samples were collected.

3. For systems that serve fewer than ten thousand (10,000) people and monitor for Cryptosporidium for only one (1) year (that is, collect twenty-four (24) samples in twelve (12) months), the bin concentration is equal to the arithmetic mean of all sample concentrations.

4. For systems with plants operating only part of the year that monitor fewer than twelve (12) months per year under subsection (2)(E) of this rule, the bin concentration is equal to the highest arithmetic mean of all sample concentrations during any year of Cryptosporidium monitoring.

5. If the monthly Cryptosporidium sampling frequency varies, systems must first calculate a monthly average for each month of monitoring. Systems must then use these monthly average concentrations, rather than individual sample concentrations, in the applicable calculation for bin classification in paragraphs (10)(B)1.–5. of this rule.

(C) Filtered systems must determine their initial bin classification from the following table and using the Cryptosporidium bin concentration calculated under subsections (10)(A) and (B).

28CODE OF STATE REGULATIONS

(D) Following completion of the second round of source water monitoring required under subsection (2)(B), filtered systems must recalculate their Cryptosporidium bin concentration using the Cryptosporidium results reported under subsection (2)(B) and following the procedures in paragraphs (10)(B)1. through 4. Systems must then redetermine their bin classification using this bin concentration and the table in subsection (10)(C) of this rule.

(E) Reporting Bin Classification Require- 1. Filtered systems must report their initial bin classification under subsection (10)(C) to the department for approval no later than six (6) months after the system is required to complete initial source water monitoring based on the schedule in subsection (2)(C) of this rule.

2. Systems must report their bin classification under subsection (10)(D) to the department for approval no later than six (6) months after the system is required to complete the second round of source water monitoring based on the schedule in subsection (2)(C) of this rule.

3. The bin classification report to the department must include a summary of source water monitoring data and the calculation procedure used to determine bin classification.

(F) Failure to comply with the conditions of subsection (10)(E) of this rule is a violation of the treatment technique requirement.

(11) Additional Cryptosporidium Treatment (A) Filtered systems must provide the level of additional treatment for Cryptosporidium specified in this subsection based on their bin classification as determined under section (10) of this rule and according to the schedule in section (12) of this rule.

For systems that are: With a Cryptosporidium bin concentration (based on calculations in subsection (10)(A) or (10)(B) as applicable) of:

The bin classification is:

Required to monitor for Cryptosporidium under

section (2) of this rule.

Cryptosporidium < 0.075 oocyst/L Bin 1 0.075 oocysts/L d Cryptosporidium < 1.0 oocysts/L Bin 2 1.0 oocysts/L d Cryptosporidium < 3.0 oocysts/L Bin 3 Cryptosporidium t 3.0 oocysts/L Bin 4 Serving fewer than 10,000 people and NOT required to monitor for Cryptosporidium under paragraph (2)(A)3.

NA Bin 1 Bin Classification Table for Filtered Systems (B) Filtered systems must use one (1) or more of the treatment and management options listed in section (13) of this rule, termed the Microbial Toolbox, to comply with the additional Cryptosporidium treatment required in subsection (11)(A) of this 1. Systems classified in Bin 3 and Bin 4 must achieve at least 1-log of the additional Cryptosporidium treatment required under subsection (11)(A) of this rule using either one (1) or a combination of the following: bag filters, bank filtration, cartridge filters, chlorine dioxide, membranes, ozone, or UV, as described in sections (14) through (18) of (C) Failure by a system in any month to achieve treatment credit by meeting criteria in sections (14) through (18) of this rule for microbial toolbox options that is at least equal to the level of treatment required in subsection (11)(A) of this rule is a violation of the treatment technique requirement.

(D) If the department determines during a sanitary survey or an equivalent source water assessment that, after a system completed the monitoring conducted under subsection (2)(A) or (2)(B) of this rule, significant changes occurred in the system’s watershed that could lead to increased contamination of the source water by Cryptosporidium, the system must take actions specified by the department to address the contamination. These actions may include additional source water monitoring and/or implementing microbial toolbox options listed in section (13) of this (12) Schedule for Compliance With Cryptosporidium Treatment Requirements.

(A) Following initial bin classification under subsection (10)(C), filtered systems must provide the level of treatment for Cryptosporidium required under section (11) according to the following Cryptosporidium treatment compliance dates.

30CODE OF STATE REGULATIONS

If the system bin classification is:

And the system uses the following filtration treatment in full compliance with 10 CSR 60- 4.050, 10 CSR 60-4.055, and 10 CSR 60-7.010 (as applicable), then the additional Cryptosporidium treatment requirements are:

Conventional filtration treatment (including softening)

Direct Filtration Slow sand or diatomaceous earth filtration Alternative filtration technologies Bin 1 No additional Bin 2 1-log treatment 1.5-log treatment 1-log treatment As determined by the 4.0-log.

Bin 3 2-log treatment 2.5-log treatment 2-log treatment As determined by the 5.0-log.

Bin 4 2.5-log treatment 3-log treatment 2.5-log treatment As determined by the 5.5-log.

(B) If the bin classification for a filtered system changes following the second round of source water monitoring, as determined under subsection (10)(D) of this rule, the system must provide the level of treatment for Cryptosporidium required under section (11) of this rule on a schedule the department (13) Microbial Toolbox Options for Meeting Cryptosporidium Treatment Requirements.

(A) Systems receive the treatment credit listed in the table in subsection (13)(B) of this

rule by meeting the conditions for microbial toolbox options described in sections (14) through (18) of this rule. Systems apply these treatment credits to meet the treatment requirements in section (11) of this rule, as applicable.

(B) The following table summarizes options in the microbial toolbox:

Cryptosporidium Treatment Compliance Dates Table Systems that serve:

Must comply with Cryptosporidium treatment requirements no later than the following dates, except that the department may allow up to an additional two (2) years for complying with the treatment requirement for systems making capital improvements:

1. At least 100,000 people April 1, 2012 2. From 50,000 to 99,999 people October 1, 2012 3. From 10,000 to 49,999 people October 1, 2013 4. Fewer than 10,000 people October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ource Toolbox Components.

(A) Watershed Control Program. Systems receive 0.5-log Cryptosporidium treatment credit for implementing a watershed control program that meets the requirements of this 1. Systems that intend to apply for the watershed control program credit must notify the department of this intent no later than two (2) years prior to the treatment compliance date applicable to the system in section (12)

2. Systems must submit to the department a proposed watershed control plan no later than one (1) year before the applicable treatment compliance date in section (12) of this rule. The department must approve the watershed control plan for the system to receive watershed control program treatment credit. The watershed control plan must include the elements in subparagraphs (14)(A)2.A.–D. of this rule.

A. Identification of an “area of influence” outside of which the likelihood of Cryptosporidium or fecal contamination affecting the treatment plant intake is not significant. This is the area to be evaluated in future watershed surveys under subparagraph (14)(A)5.B.

B. Identification of both potential and actual sources of Cryptosporidium contamination and an assessment of the relative impact of these sources on the system’s source water quality.

C. An analysis of the effectiveness and feasibility of control measures that could reduce Cryptosporidium loading from sources of contamination to the system’s source water.

D. A statement of goals and specific actions the system will undertake to reduce source water Cryptosporidium levels. The plan must explain how the actions are expected to contribute to specific goals, identify watershed partners and their roles, identify resource requirements and commitments, and include a schedule for plan implementation with deadlines for completing specific actions identified in the plan.

3. Systems with existing watershed control programs (that is, programs in place on January 5, 2006) are eligible to seek this credit. Their watershed control plans must meet the criteria in paragraph (14)(A)2. of this rule and must specify ongoing and future actions that will reduce source water Cryptosporidium levels.

4. If the department does not respond to a system regarding approval of a watershed control plan submitted under this section and the system meets the other requirements of this section, the watershed control program will be considered approved and 0.5-log Cryptosporidium treatment credit will be awarded unless and until the department subsequently withdraws such approval.

5. Systems must complete the actions in subparagraphs (14)(A)5.A.–C. of this rule to maintain the 0.5-log credit.

A. Submit an annual watershed control program status report to the department.

The annual watershed control program status report must describe the system’s implementation of the approved plan and assess the adequacy of the plan to meet its goals. It must explain how the system is addressing any shortcomings in plan implementation, including those previously identified by the department or as the result of the watershed survey conducted under subparagraph (14)(A)5.B. of this rule. It must also describe any significant changes that have occurred in the watershed since the last watershed sanitary survey. If a system determines during implementation that making a significant change to its approved watershed control program is necessary, the system must notify the department prior to making any such changes. If any change is likely to reduce the level of source water protection, the system must also list in its notification the actions the system will take to mitigate this effect.

B. Undergo a watershed sanitary survey every three (3) years for community water systems and every five (5) years for noncommunity water systems and submit the survey report to the department. The survey must be conducted according to department guidelines and by persons the department (I) The watershed sanitary survey must meet the following criteria: encompass the region identified in the departmentapproved watershed control plan as the area of influence; assess the implementation of actions to reduce source water Cryptosporidium levels; and identify any significant new sources of Cryptosporidium.

(II) If the department determines that significant changes may have occurred in the watershed since the previous watershed sanitary survey, systems must undergo another watershed sanitary survey by a date the department requires, which may be earlier than the regular date in subparagraph (14)(A)5.B. of this rule.

C. The system must make the watershed control plan, annual status reports, and watershed sanitary survey reports available to the public upon request. These documents must be in a plain language style and include criteria by which to evaluate the success of the program in achieving plan goals. The department may approve systems to withhold from the public portions of the annual status report, watershed control plan, and watershed sanitary survey based on water supply security considerations.

6. If the department determines that a system is not carrying out the approved watershed control plan, the department may withdraw the watershed control program treatment credit.

(B) Alternative Source Requirements.

1. A system may conduct source water monitoring that reflects a different intake location (either in the same source or for an alternate source) or a different procedure for the timing or level of withdrawal from the source (alternative source monitoring). If the department approves, a system may determine its bin classification under section (10) of this rule based on the alternative source monitoring results.

2. If systems conduct alternative source monitoring under paragraph (14)(B)1. of this

rule, systems must also monitor their current plant intake concurrently as described in section (2) of this rule.

3. Alternative source monitoring under paragraph (14)(B)1. of this rule must meet the requirements for source monitoring to determine bin classification, as described in sections (2)–(6) of this rule. Systems must report the alternative source monitoring results to the department, along with supporting information documenting the operating conditions under which the samples were collected.

4. If a system determines its bin classification under section (10) of this rule using alternative source monitoring results that reflect a different intake location or a different procedure for managing the timing or level of withdrawal from the source, the system must relocate the intake or permanently adopt the withdrawal procedure, as applicable, no later than the applicable treatment compliance date in section (12) of this rule.

(15) Pre-Filtration Treatment Toolbox Components.

(A) Presedimentation. Systems receive 0.5-log Cryptosporidium treatment credit for a presedimentation basin during any month the process meets the criteria in this subsection.

1. The presedimentation basin must be in continuous operation and must treat the entire plant flow taken from a surface water or GWUDISW source.

2. The system must continuously add a coagulant to the presedimentation basin.

3. The presedimentation basin must achieve the performance criteria in subparagraph (15)(A)3.A. or B. of this rule.

34CODE OF STATE REGULATIONS

A. Demonstrates at least 0.5-log mean reduction of influent turbidity. This reduction must be determined using daily turbidity measurements in the presedimentation process influent and effluent and must be calculated as follows: log (monthly mean of daily influent turbidity) − log (monthly mean of daily effluent turbidity).

B. Complies with departmentapproved performance criteria that demonstrate at least 0.5-log mean removal of micron-sized particulate material through the presedimentation process.

(B) Two (2)-Stage Lime Softening.

Systems receive an additional 0.5-log Cryptosporidium treatment credit for a two (2)-stage lime softening plant if chemical addition and hardness precipitation occur in two (2) separate and sequential softening stages prior to filtration. Both softening stages must treat the entire plant flow taken from a surface water or GWUDISW source.

(C) Bank Filtration. Systems receive Cryptosporidium treatment credit for bank filtration that serves as pretreatment to a filtration plant by meeting the criteria in this subsection. Systems using bank filtration when they begin source water monitoring under subsection (2)(A) of this rule must collect samples as described in subsection (4)(D) of this rule and are not eligible for this credit.

1. Wells with a ground water flow path of at least twenty-five feet (25') receive 0.5log treatment credit; wells with a ground water flow path of at least fifty feet (50') receive 1.0-log treatment credit. The ground water flow path must be determined as specified in paragraph (15)(C)4. of this rule.

2. Only wells in granular aquifers are eligible for treatment credit. Granular aquifers are those comprised of sand, clay, silt, rock fragments, pebbles or larger particles, and minor cement. A system must characterize the aquifer at the well site to determine aquifer properties. Systems must extract a core from the aquifer and demonstrate that, in at least ninety percent (90%) of the core length, grains less than 1.0 mm in diameter constitute at least ten percent (10%) of the core material.

3. Only horizontal and vertical wells are eligible for treatment credit.

4. For vertical wells, the ground water flow path is the measured distance from the edge of the surface water body under high flow conditions (determined by the one hundred (100)-year floodplain elevation boundary or by the floodway, as defined in Federal Emergency Management Agency flood hazard maps) to the well screen. For horizontal wells, the ground water flow path is the measured distance from the bed of the river under normal flow conditions to the closest horizontal well lateral screen.

5. Systems must monitor each wellhead for turbidity at least once every four (4) hours while the bank filtration process is in operation. If monthly average turbidity levels, based on daily maximum values in the well, exceed one (1) nephelometric turbidity unit (NTU), the system must report this result to the department and conduct an assessment within thirty (30) days to determine the cause of the high turbidity levels in the well. If the department determines that microbial removal has been compromised, the department may revoke treatment credit until the system implements corrective actions approved by the department to remediate the problem.

6. Springs and infiltration galleries are not eligible for treatment credit under this

section but are eligible for credit under sub-

section (16)(C) of this rule.

7. Bank filtration demonstration of performance. The department may approve Cryptosporidium treatment credit for bank filtration based on a demonstration of performance study that meets the criteria in this subsection. This treatment credit may be greater than 1.0-log and may be awarded to bank filtration that does not meet the criteria in paragraphs (15)(C)1.–5. of this rule.

A. The study must follow a department-approved protocol and must involve the collection of data on the removal of Cryptosporidium or a surrogate for Cryptosporidium and related hydrogeologic and water quality parameters during the full range of operating conditions.

B. The study must include sampling both from the production well(s) and from monitoring wells that are screened and located along the shortest flow path between the surface water source and the production well(s).

(16) Treatment Performance Toolbox Components.

(A) Combined Filter Performance. Systems using conventional filtration treatment or direct filtration treatment receive an additional 0.5-log Cryptosporidium treatment credit during any month the system meets the criteria in this subsection. Combined filter effluent (CFE) turbidity must be less than or equal to 0.15 NTU in at least ninety-five percent (95%) of the measurements. Turbidity must be measured as described in 10 CSR 60-4.050(2) and 10 CSR 60-4.080(3).

(B) Individual Filter Performance. Systems using conventional filtration treatment or direct filtration treatment receive 0.5-log Cryptosporidium treatment credit, which can be in addition to the 0.5-log credit under sub-

section (16)(A) during any month the system meets the criteria in this subsection.

Compliance with these criteria must be based on individual filter turbidity monitoring as described in 10 CSR 60-4.050(2)(D) and CSR 60-7.010(6).

1. The filtered water turbidity for each individual filter must be less than or equal to 0.15 NTU in at least ninety-five percent (95%) of the measurements recorded each month.

2. No individual filter may have a measured turbidity greater than 0.3 NTU in two (2) consecutive measurements taken fifteen (15) minutes apart.

3. Any system that has received treatment credit for individual filter performance and fails to meet the requirements of paragraph (16)(B)1. or 2. of this rule during any month does not receive a treatment technique violation under subsection (11)(C) of this rule if the department determines the following:

A. The failure was due to unusual and short-term circumstances that could not reasonably be prevented through optimizing treatment plant design, operation, and maintenance; and B. The system has experienced no more than two (2) such failures in any calendar year.

(C) Demonstration of Performance. The department may approve Cryptosporidium treatment credit for drinking water treatment processes based on a demonstration of performance study that meets the criteria in this subsection. This treatment credit may be greater than or less than the prescribed treatment credits in section (11) or section (15) through section (18) of this rule and may be awarded to treatment processes that do not meet the criteria for the prescribed credits.

1. Systems cannot receive the prescribed treatment credit for any toolbox option in sections (15) through (18) if that toolbox option is included in a demonstration of performance study for which treatment credit is awarded under this paragraph.

2. The demonstration of performance study must follow a department-approved protocol and must demonstrate the level of Cryptosporidium reduction the treatment process will achieve under the full range of expected operating conditions for the system.

3. Approval by the department must be in writing and may include monitoring and treatment performance criteria that the system must demonstrate and report on an ongoing basis to remain eligible for the treatment credit. The department may designate such criteria, where necessary, to verify that the conditions under which the demonstration of performance credit was approved are maintained during routine operation.

(17) Additional Filtration Toolbox Components.

(A) Bag and Cartridge Filters. Systems receive Cryptosporidium treatment credit of up to 2.0-log for individual bag or cartridge filters and up to 2.5-log for bag or cartridge filters operated in series by meeting the criteria in paragraphs (17)(A)1. through 10. of this section. To be eligible for this credit, systems must report the results of challenge testing that meets the requirements of paragraphs (17)(A)2. through 9. to the department. The filters must treat the entire plant flow taken from a surface water or ground water under the direct influence of surface water source.

1. The Cryptosporidium treatment credit awarded to bag or cartridge filters must be based on the removal efficiency demonstrated during challenge testing that is conducted according to the criteria in paragraphs (17)(A)2. through 9. A factor of safety equal to 1-log for individual bag or cartridge filters and 0.5-log for bag or cartridge filters in series must be applied to challenge testing results to determine removal credit. Systems may use results from challenge testing conducted prior to January 5, 2006, if the prior testing was consistent with the criteria specified in paragraphs (17)(A)2. through 9.

2. Challenge testing must be performed on full-scale bag or cartridge filters, and the associated filter housing or pressure vessel, that are identical in material and construction to the filters and housings the system will use for removal of Cryptosporidium. Bag or cartridge filters must be challenge tested in the same configuration that the system will use, either as individual filters or as a series configuration of filters.

3. Challenge testing must be conducted using Cryptosporidium or a surrogate that is removed no more efficiently tha n Cryptosporidium. The microorganism or surrogate used during challenge testing is referred to as the challenge particulate. The concentration of the challenge particulate must be determined using a method capable of discretely quantifying the specific microorganism or surrogate used in the test; gross measurements such as turbidity may not be used.

4. The maximum feed water concentration that can be used during a challenge test must be based on the detection limit of the challenge particulate in the filtrate (i.e., filtrate detection limit) and must be calculated using the following equation:

Maximum Feed Concentration = 1 × × (Filtrate Detection Limit).

5. Challenge testing must be conducted at the maximum design flow rate for the filter as specified by the manufacturer.

6. Each filter evaluated must be tested for a duration sufficient to reach one hundred percent (100%) of the terminal pressure drop, which establishes the maximum pressure drop under which the filter may be used to comply with the requirements of this rule.

7. Removal efficiency of a filter must be determined from the results of the challenge test and expressed in terms of log removal values using the following equation:

LRV = LOG

LRV = log removal value demonstrated during challenge testing = the feed concentration measured during the challenge test = the filtrate concentration measured In applying this equation, the same units must be used for the feed and filtrate concentrations. If the challenge particulate is not detected in the filtrate, then the term C must be set equal to the detection limit.

8. Each filter tested must be challenged with the challenge particulate during three (3) periods over the filtration cycle: within two (2) hours of start-up of a new filter; when the pressure drop is between forty-five percent and fifty-five percent (45%–55%) of the terminal pressure drop; and at the end of the cycle after the pressure drop has reached one hundred percent (100%) of the terminal pressure drop. An LRV must be calculated for each of these challenge periods for each filter tested. The LRV for the filter (LRV ) must be assigned the value of the minimum LRV observed during the three (3) challenge periods for that filter.

9. If fewer than twenty (20) filters are tested, the overall removal efficiency for the filter product line must be set equal to the lowest LRV among the filters tested. If twenty (20) or more filters are tested, the overall removal efficiency for the filter product line must be set equal to the 10th percentile of the set of LRV values for the various filters tested. The percentile is defined by (i/(n+1)) where i is the rank of n individual data points ordered lowest to highest. If necessary, the 10th percentile may be calculated using linear interpolation.

10. If a previously tested filter is modified in a manner that could change the removal efficiency of the filter product line, challenge testing to demonstrate the removal efficiency of the modified filter must be conducted and submitted to the department.

(B) Membrane Filtration Requirements.

1. Systems receive Cryptosporidium treatment credit for membrane filtration that meets the criteria of this paragraph.

Membrane cartridge filters that meet the definition of membrane filtration in 10 CSR 60- 2.015 are eligible for this credit. The level of treatment credit a system receives is equal to the lower of the values determined under subparagraphs (17)(B)1.A. and B.

A. The removal efficiency demonstrated during challenge testing conducted under the conditions in paragraph (17)(B)2.

B. The maximum removal efficiency that can be verified through direct integrity testing used with the membrane filtration process under the conditions in paragraph (17)(B)3.

2. Challenge testing. The membrane used by the system must undergo challenge testing to evaluate removal efficiency, and the system must report the results of challenge testing to the department. Challenge testing must be conducted according to the criteria in subparagraphs (17)(B)2.A. through H.

Systems may use data from challenge testing conducted prior to January 5, 2006, if the prior testing was consistent with the criteria in subparagraphs (17)(B)2.A. through G.

A. Challenge testing must be conducted on either a full-scale membrane module, identical in material and construction to the membrane modules used in the system’s treatment facility, or a smaller-scale membrane module, identical in material and similar in construction to the full-scale module.

A module is defined as the smallest component of a membrane unit in which a specific membrane surface area is housed in a device with a filtrate outlet structure.

B. Challenge testing must be conducted using Cryptosporidium oocysts or a surrogate that is removed no more efficiently than Cryptosporidium oocysts. The organism or surrogate used during challenge testing is referred to as the challenge particulate. The concentration of the challenge particulate, in both the feed and filtrate water, must be determined using a method capable of discretely quantifying the specific challenge particulate used in the test; gross measurements such as turbidity may not be used.

C. The maximum feed water concentration that can be used during a challenge test is based on the detection limit of the challenge particulate in the filtrate and must be determined according to the following equation:

Maximum Feed Concentration = 3.16 × × (Filtrate Detection Limit)

D. Challenge testing must be conducted under representative hydraulic conditions at the maximum design flux and maximum design process recovery specified by the manufacturer for the membrane module.

Flux is defined as the throughput of a pressure-driven membrane process expressed as flow per unit of membrane area. Recovery is defined as the volumetric percent of feed water that is converted to filtrate over the course of an operating cycle uninterrupted by events such as chemical cleaning or a solids removal process (i.e., backwashing).

E. Removal efficiency of a membrane module must be calculated from the challenge test results and expressed as a log removal value according to the following equation:

LRV = LOG

LRV = log removal value demonstrated = the feed concentration measured during the challenge test = the filtrate concentration measured Equivalent units must be used for the feed and filtrate concentrations. If the challenge particulate is not detected in the filtrate, the term C is set equal to the detection limit for the purpose of calculating the LRV. An LRV must be calculated for each membrane module evaluated during the challenge test.

F. The removal efficiency of a membrane filtration process demonstrated during challenge testing must be expressed as a log removal value (LRV ). If fewer than twenty (20) modules are tested, then LRV is equal to the lowest of the representative LRVs among the modules tested. If twenty (20) or more modules are tested, then LRV is equal to the 10th percentile of the representative LRVs among the modules tested. The percentile is defined by (i/(n+1)) where i is the rank of n individual data points ordered lowest to highest. If necessary, the 10th percentile may be calculated using linear interpolation.

G. The challenge test must establish a quality control release value (QCRV) for a non-destructive performance test that demonstrates the Cryptosporidium removal capability of the membrane filtration module. This performance test must be applied to each production membrane module used by the system that was not directly challenge tested in order to verify Cryptosporidium removal capability. Production modules that do not meet the established QCRV are not eligible for the treatment credit demonstrated during the challenge test.

H. If a previously tested membrane is modified in a manner that could change the removal efficiency of the membrane or the applicability of the non-destructive performance test and associated QCRV, additional challenge testing to demonstrate the removal efficiency of, and determine a new QCRV for, the modified membrane must be conducted and submitted to the department.

3. Direct integrity testing. Systems must conduct direct integrity testing in a manner that demonstrates a removal efficiency equal to or greater than the removal credit awarded to the membrane filtration process and meets the requirements described in subparagraphs (17)(B)3.A.–G. of this rule. A direct integrity test is defined as a physical test applied to a membrane unit in order to identify and isolate integrity breaches (that is, one (1) or more leaks that could result in contamination of the filtrate).

A. The direct integrity test must be independently applied to each membrane unit in service. A membrane unit is defined as a group of membrane modules that share common valving that allows the unit to be isolated from the rest of the system for the purpose of integrity testing or other maintenance.

B. The direct integrity method must have a resolution of three (3) micrometers or less, where resolution is defined as the size of the smallest integrity breach that contributes to a response from the direct integrity test.

C. The direct integrity test must have a sensitivity sufficient to verify the log treatment credit awarded to the membrane filtration process by the department, where sensitivity is defined as the maximum log removal value that can be reliably verified by a direct integrity test. Sensitivity must be determined using the approach in either part (17)(B)3.C.(I) or (II) of this section as applicable to the type of direct integrity test the system uses.

(I) For direct integrity tests that use an applied pressure or vacuum, the direct integrity test sensitivity must be calculated according to the following equation:

= LOG

(Q /(VCF × Q breach )) = the sensitivity of the direct integrity test Q = total design filtrate flow from the membrane unit Q breach = flow of water from an integrity breach associated with the smallest integrity test response that can be reliably measured VCF = volumetric concentration factor The volumetric concentration factor is the ratio of the suspended solids concentration on the high pressure side of the membrane relative to that in the feed water.

(II) For direct integrity tests that use a particulate or molecular marker, the direct integrity test sensitivity must be calculated according to the following equation:

= LOG = the sensitivity of the direct integrity test = the typical feed concentration of the marker used in the test = the filtrate concentration of the marker from an integral membrane unit D. Systems must establish a control limit within the sensitivity limits of the direct integrity test that is indicative of an integral membrane unit capable of meeting the removal credit awarded by the department.

E. If the result of a direct integrity test exceeds the control limit established under subparagraph (17)(B)3.D., the system must remove the membrane unit from service. Systems must conduct a direct integrity test to verify any repairs and may return the membrane unit to service only if the direct integrity test is within the established control limit.

F. Systems must conduct direct integrity testing on each membrane unit at a frequency of not less than once each day that the membrane unit is in operation. The department may approve less frequent testing, based on demonstrated process reliability, the use of multiple barriers effective for Cryptosporidium, or reliable process safeguards.

4. Indirect integrity monitoring.

Systems must conduct continuous indirect integrity monitoring on each membrane unit according to the criteria in subparagraphs (17)(B)4.A. through E. Indirect integrity monitoring is defined as monitoring some aspect of filtrate water quality that is indicative of the removal of particulate matter. A system that implements continuous direct integrity testing of membrane units in accordance with the criteria in subparagraphs (17)(B)3.A. through E. of this section is not subject to the requirements for continuous indirect integrity monitoring. Systems must submit a monthly report to the department summarizing all continuous indirect integrity monitoring results triggering direct integrity testing and the corrective action that was taken in each case.

A. Unless the department approves an alternative parameter, continuous indirect 36CODE OF STATE REGULATIONS integrity monitoring must include continuous filtrate turbidity monitoring.

B. Continuous monitoring must be conducted at a frequency of no less than once every fifteen (15) minutes.

C. Continuous monitoring must be separately conducted on each membrane unit.

D. If indirect integrity monitoring includes turbidity and if the filtrate turbidity readings are above 0.15 NTU for a period greater than fifteen (15) minutes (i.e., two (2) consecutive fifteen (15)-minute readings above 0.15 NTU), direct integrity testing must immediately be performed on the associated membrane unit as specified in subparagraphs (17)(B)3.A. through E.

E. If indirect integrity monitoring includes a department-approved alternative parameter and if the alternative parameter exceeds a department-approved control limit for a period greater than fifteen (15) minutes, direct integrity testing must immediately be performed on the associated membrane units as specified in subparagraphs (17)(B)3.A. through E.

(C) Second Stage Filtration. Systems receive 0.5-log Cryptosporidium treatment credit for a separate second stage of filtration that consists of sand, dual media, granular activated carbon (GAC), or other fine grain media following granular media filtration if the department approves. To be eligible for this credit, the first stage of filtration must be preceded by a coagulation step, and both filtration stages must treat the entire plant flow taken from a surface water or GWUDISW source. A cap, such as GAC, on a single stage of filtration is not eligible for this credit. The department must approve the treatment credit based on an assessment of the design characteristics of the filtration process.

(D) Slow Sand Filtration (as Secondary Filter). Systems are eligible to receive 2.5log Cryptosporidium treatment credit for a slow sand filtration process that follows a separate stage of filtration if both filtration stages treat entire plant flow taken from a surface water or GWUDISW source and no disinfectant residual is present in the influent water to the slow sand filtration process. The department must approve the treatment credit based on an assessment of the design characteristics of the filtration process. This subsection does not apply to treatment credit awarded to slow sand filtration used as a primary filtration process.

(18) Inactivation Toolbox Components.

(A) Calculation of CT Values.

1. CT is the product of the disinfectant contact time (T, in minutes) and disinfectant concentration (C, in milligrams per liter).

Systems with treatment credit for chlorine dioxide or ozone under subsection (18)(B) or (C) must calculate CT at least once each day, with both C and T measured during peak hourly flow as specified in 10 CSR 60-5.010, 10 CSR 60-5.020, and the Missouri Guidance Manual for Surface Water System Treatment Requirements, 1992.

2. Systems with several disinfection segments in sequence may calculate CT for each segment, where a disinfection segment is defined as a treatment unit process with a measurable disinfectant residual level and a liquid volume. Under this approach, systems must add the Cryptosporidium CT values in each segment to determine the total CT for the treatment plant.

(B) CT Values for Chlorine Dioxide and Ozone.

1. Systems receive the Cryptosporidium treatment credit listed in this table by meeting the corresponding chlorine dioxide CT value for the applicable water temperature, as described in subsection (18)(A). Systems may use this equation to determine log credit between the indicated values:

Log credit = (0.001506 × (1.09116)

Temp ) × CT 2. Systems receive the Cryptosporidium treatment credit listed in this table by meeting the corresponding ozone CT values for the applicable water temperature, as described in subsection (18)(A) of this rule.

38CODE OF STATE REGULATIONS

Log credit Water temperature, qC < 0.5 1 2 3 5 7 10 15 20 25 30 0.25 159 153 140 128 107 90 69 45 29 19 12 0.5 319 305 279 256 214 180 138 89 58 38 24 1.0 637 610 558 511 429 360 277 179 116 75 49 1.5 956 915 838 767 643 539 415 268 174 113 73 2.0 1275 1220 1117 1023 858 719 553 357 232 150 98 2.5 1594 1525 1396 1278 1072 899 691 447 289 188 122 3.0 1912 1830 1675 1534 1286 1079 830 536 347 226 147 CT Values (MG-MIN/L) for CryptosporidiumInactivation By Chlorine Dioxide CT Values (MG-MIN/L) for Cryptosporidium Inactivation by Ozone Systems may use this equation to determine log credit between the indicated values: Log credit = (0.0397 × (1.09757) temp ) × CT Log credit Water Temperature, qC < 0.5 1 2 3 5 7 10 15 20 25 30 0.25 6.0 5.8 5.2 4.8 4.0 3.3 2.5 1.6 1.0 0.6 0.39 0.5 12 12 10 9.5 7.9 6.5 4.9 3.1 2.0 1.2 0.78 1.0 24 23 21 19 16 13 9.9 6.2 3.9 2.5 1.6 1.5 36 35 31 29 24 20 15 9.3 5.9 3.7 2.4 2.0 48 46 42 38 32 26 20 12 7.8 4.9 3.1 2.5 60 58 52 48 40 33 25 16 9.8 6.2 3.9 3.0 72 69 63 57 47 39 30 19 12 7.4 4.7 (C) Site-Specific Study. The department may approve alternative chlorine dioxide or ozone CT values to those listed in subsection (18)(B) on a site-specific basis. The department must base this approval on a site-specific study a system conducts that follows a department-approved protocol.

(D) Ultraviolet Light. Systems receive Cryptosporidium, Giardia lamblia, and virus-treatment credits for ultraviolet (UV) light reactors by achieving the corresponding UV dose values shown in paragraph (18)(D)1. Systems must validate and monitor UV reactors as described in paragraphs (18)(D)2. and 3. to demonstrate that they are achieving a particular UV dose value for treatment credit.

1. UV dose table. The treatment credits listed in this table are for UV light at a wavelength of two hundred fifty-four nanometers (254 nm) as produced by a low pressure mercury vapor lamp. To receive treatment credit for other lamp types, systems must demonstrate an equivalent germicidal dose through reactor validation testing, as described in paragraph (18)(D)2. of this rule. The UV dose values in this table are applicable only to post-filter applications of UV in filtered sys- UV Dose Table for Cryptosporidium, Giardia lamblia, and Virus Inactivation Credit Log credit Cryptosporidium UV dose (mJ/cm Giardia lamblia UV dose (mJ/cm Virus UV dose (mJ/cm 0.5 1.6 1.5 39 1.0 2.5 2.1 58 1.5 3.9 3.0 79 2.0 5.8 5.2 100 2.5 8.5 7.7 121 3.0 12 11 143 3.5 15 15 163 4.0 22 22 186 2. Reactor validation testing. Systems must use UV reactors that have undergone validation testing to determine the operating conditions under which the reactor delivers the UV dose required in paragraph (18)(D)1.

(i.e., validated operating conditions). These operating conditions must include flow rate, UV intensity as measured by a UV sensor, and UV lamp status.

A. When determining validated operating conditions, systems must account for the following factors: UV absorbance of the water; lamp fouling and aging; measurement uncertainty of online sensors; UV dose distributions arising from the velocity profiles through the reactor; failure of UV lamps or other critical system components; and inlet and outlet piping or channel configurations of the UV reactor.

B. Validation testing must include the following: Full-scale testing of a reactor that conforms uniformly to the UV reactors used by the system and inactivation of a test microorganism whose dose response characteristics have been quantified with a low pressure mercury vapor lamp.

C. The department may approve an alternative approach to validation testing.

3. Reactor monitoring requirements.

A. Systems must monitor their UV reactors to determine if the reactors are operating within validated conditions, as determined under paragraph (18)(D)2. This monitoring must include UV intensity as measured by a UV sensor, flow rate, lamp status, and other parameters the department designates based on UV reactor operation.

Systems must verify the calibration of UV sensors and must recalibrate sensors in accordance with a protocol the department B. To receive treatment credit for UV light, systems must treat at least ninety-five percent (95%) of the water delivered to the public during each month by UV reactors operating within validated conditions for the required UV dose, as described in paragraphs (18)(D)1. and 2. Systems must demonstrate compliance with this condition by the monitoring required under subparagraph (18)(D)3.A. of this rule.

(19) Reporting Requirements.

(A) Systems must report sampling schedules under section (3) of this rule and source water monitoring results under section (6) of this rule unless they notify the department that they will not conduct source water monitoring due to meeting the criteria of subsection (2)(D) of this rule.

(B) Filtered systems must report their Cryptosporidium bin classification as described in section (10) of this rule.

(C) Systems must report disinfection profiles and benchmarks to the department as described in sections (8) through (9) of this

rule prior to making a significant change in disinfection practice.

(D) Systems must report to the department in accordance with the following table for any microbial toolbox options used to comply with treatment requirements under section (11) of this rule. Alternatively, the department may approve a system to certify operation within required parameters for treatment credit rather than reporting monthly operational data for toolbox options.

40CODE OF STATE REGULATIONS

Microbial Toolbox Reporting Requirements Toolbox option Systems must submit the following information On the following schedule Watershed control program (WCP)

(I) Notice of intention to develop a new or continue an existing watershed control program No later than two years before the (II) Watershed control plan No later than one year before the (III) Annual watershed control program status report Every 12 months, beginning one year after the applicable treatment (IV) Watershed sanitary survey report For community water systems, every three years beginning three years after date in section (12) of this rule. For noncommunity water systems, every five years beginning five years after the Alternative source/intake management Verification that system has relocated the intake or adopted the intake withdrawal procedure reflected in monitoring results Presedimentation Monthly verification of the (I) Continuous basin operation;

(II) Treatment of 100% of the flow;

(III) Continuous addition of a coagulate; and (IV) At least 0.5-log mean reduction of influent turbidity or compliance with alternative department-approved performance criteria monitoring was conducted, beginning on the applicable treatment compliance Two-stage lime softening Monthly verification of the (I) Chemical addition and hardness precipitation occurred in two separate and sequential softening stages prior to filtration; and (II) Both stages treated 100% of the plant flow monitoring was conducted beginning on Bank filtration (I) Initial demonstration of the (A) Unconsolidated, predominantly sandy aquifer;

(B) Setback distance of at least 25 ft. (0.5-log credit) or 50 ft.

(1.0-log credit)

(II) If monthly average of daily max turbidity is greater than 1 NTU, then the system must report result and submit an assessment of the cause Report within 30 days following the month in which the monitoring was conducted, beginning on the applicable treatment compliance date in section (12) of this rule 42CODE OF STATE REGULATIONS Combined filter Monthly verification of combined filter effluent (CFE) turbidity levels less than or equal to 0.15 NTU in at least 95% of the 4 hour CFE measurements taken each month monitoring was conducted beginning on Individual filter Monthly verification of the (I) Individual filter effluent (IFE) turbidity levels less than or equal to 0.15 NTU in at least 95% of samples each month in each filter; and (II) No individual filter greater than 0.3 NTU in two consecutive readings 15 minutes apart monitoring was conducted, beginning on the applicable treatment compliance Demonstration of (I) Results from testing following a department approved protocol (II) As required by the department, monthly verification of operation within conditions of department approval for demonstration of performance credit Bag filters and cartridge filters (I) Demonstration that the following criteria are met:

(A) Process meets the definition of bag or cartridge filtration; and (B) Removal efficiency established through challenge testing that meets criteria in this (II) Monthly verification that 100% of plant flow was filtered Membrane filtration (I) Results of verification testing demonstrating the following:

(A) Removal efficiency established through challenge testing that meets criteria in this

rule; and (B) Integrity test method and parameters, including resolution, sensitivity, test frequency, control limits, and associated baseline (II) Monthly report summarizing the following:

(A) All direct integrity tests above the control limit; and (B) If applicable, any turbidity or alternative department approved indirect integrity monitoring results triggering direct integrity testing and the corrective action that was taken Original rule filed Feb. 27, 2009, effective Oct. 30, 2009. Amended: Filed June 13,

##### **10 CSR 60-4.055** Disinfection Requirements {#sec-10-csr-60-4.055 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-4.055}

PURPOSE: This rule establishes minimum disinfectant levels and treatment requirements to assure the inactivation and removal of pathogenic organisms. would be unduly cumbersome or expensive.

This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) The requirements of this rule apply to primary community and noncommunity public water systems that the department has required to disinfect and to secondary systems with a source of water from a primary water system that the department has required to disinfect, even if the water is obtained through another secondary system.

(A) Water systems using water obtained in whole or in part from a source determined by the department to be surface or ground water must install or construct facilities to provide conventional filtration treatment as a required treatment technique within eighteen (18) months of the determination.

(B) Any water system that the department determines to be a groundwater system under the direct influence of surface water may appeal the decision by notifying the department in writing. The appeal must be accompanied by a report prepared by an engineer that confirms that the water system’s groundwater source is not directly influenced by surface water. The report must be supported by analytical data prepared by a laboratory that is acceptable to the department. Source sampling must be accomplished during the period the source is most susceptible to surface water influence. The department’s approval of the report will result in the water system’s source being redefined as groundwater not under the direct influence of surface water.

(C) If at any time in the department’s opinion, the quality of a water source appears to Second stage filtration Monthly verification that 100% of flow was filtered through both stages and that first stage was preceded by coagulation step Slow sand filtration (as secondary filter)

Monthly verification that both a slow sand filter and a preceding separate stage of filtration treated 100% of flow from surface water and ground water under the direct influence of surface water sources Chlorine dioxide Summary of CT values for each day as described in section (18) of this rule Ozone Summary of CT values for each day as described in section (18) of this rule UV Validation test results demonstrating operating conditions that achieve required UV dose Monthly report summarizing the percentage of water entering the distribution system that was not treated by UV reactors operating within validated conditions for the required dose specified in subsection (18)(D) of this rule have changed to be under the direct influence of surface water, the water system must submit, at the department’s written request, an engineer-prepared report that describes the current condition of the water source. If a report is not submitted, the source will be reclassified as groundwater supply under the direct influence of surface water.

(D) The department reserves the authority to make the final determination of whether or not a source is defined as groundwater under the direct influence of surface water.

(E) Primary systems which use water obtained from groundwater not under the direct influence of surface water and which the department requires to disinfect and secondary public water systems do not have to meet the requirements of section (2) of this

rule but may be required to provide disinfection detention as deemed necessary by the department. These systems also do not have to submit reports to the department as required by 10 CSR 60-7.010(4) but must maintain the information on file at the system treatment plant or office.

(2) Contact Time and Removal Credit.

(A) Any water system providing required treatment, and existing water systems practicing conventional filtration treatment on February 6, 1992, will be credited with 99.68 percent (2.5 log) Giardia lambliacyst removal and 99.0 percent (2.0 log) virus removal, excluding the disinfection process, provided that they meet the turbidity maximum contaminant levels in 10 CSR 60-4.050.

A system may request additional credit for treatment process removal or inactivation of Giardia lambliacysts and viruses by submitting a report prepared by an engineer to the department including studies of Giardiacyst and virus removal or inactivation. The department reserves the authority to make the final determination of removal credit.

(B) The residual disinfectant concentration (C) disinfectant contact time (T) values in the Missouri Guidance Manual for Surface Water System Treatment Requirements, 1992, must be used for determining the percentage of Giardia lamblia cyst and virus removal or inactivation by disinfection.

(C) The percentage of removal and inactivation of Giardia lamblia cysts and viruses will be determined as the sum of the percent removals and inactivations of the individual treatment and disinfection processes. The percent removal and inactivation of Giardia lamblia cysts must be at least 99.9 percent (3.0 log) and of viruses must be 99.99 percent (4.0 log).

(D) Disinfectant contact time must be determined for each system by evaluations performed as specified in the Missouri Guidance Manual forSurface Water System Treatment Requirements, 1992, which is incorporated by reference. Results of the evaluations, including the determined disinfectant contact times, must be submitted to the department for review. The evaluation must be submitted within one (1) year of the date that the system is covered by the requirements of this rule, except that new water treatment facilities will not be issued a Final Approval of Construction under 10 CSR 60-3.010 until disinfection contact times are determined and submitted to the (3) For any water system adding a disinfectant, only free available chlorine or chloramines will be accepted as the disinfectant entering the distribution system. The residual disinfectant concentration in the water entering the distribution system cannot be less than 0.5 milligrams per liter (mg/L) free available chlorine or 1.0 mg/L chloramines for more than four (4) hours.

(A) Systems using chloramines as the disinfectant residual entering the distribution system must add and mix the chlorine prior to the addition of ammonia.

(B) At the department’s discretion, any system may be required to provide breakpoint chlorination or to provide operational test data and other information that the department may require to demonstrate that the system daily meets all of the requirements of

section (2) of this rule and all of the other requirements of this section.

(C) At least one (1) application point for chlorine or chloramines must be prior to filtration with a residual maintained through the filters.

(D) If at any time the disinfectant residual entering the distribution system falls below the levels established in this section, the system must notify the department as soon as possible but no later than by the end of the next business day. The system must notify the department by the end of the next business day whether or not the disinfectant residual was restored to the levels established in this

section within four (4) hours. The department may require public notice for continuing or persistent violations of this requirement.

(E) A residual disinfectant concentration in the water entering the distribution system of less than 0.2 mg/L for at least four (4) hours is a treatment technique violation which requires public notice pursuant to 10 CSR 60- 8.010.

(F) The frequency of sampling shall be as set forth in 10 CSR 60-4.080(3).

(4) The residual disinfectant concentration in the distribution system measured as total chlorine or combined chlorine cannot be less than 0.2 mg/L in more than five percent (5%) of the samples each month for any two (2) consecutive months that the system supplies water to the public.

(A) Heterotrophic plate count may be used in lieu of or as a supplement to residual disinfectant concentration analysis.

(B) Water in the distribution system with a heterotrophic bacteria concentration less than or equal to five hundred (500) colonies per milliliter is deemed to have 0.2 mg/L residual disinfectant concentration for the purpose of determining compliance with this rule.

(C) Water in the distribution system with a heterotrophic bacteria concentration of greater than five hundred (>500) colonies per milliliter is deemed to have less than 0.2 mg/L residual disinfectant concentration for the purpose of compliance with this rule.

(D) Failure to maintain the minimum residual disinfectant concentration required in this

rule is a violation of a treatment technique which requires public notification as specified in 10 CSR 60-8.010.

(E) Public water systems that use chlorine or chloramines must measure the residual disinfectant level in the distribution system at the same point in the distribution system and at the same time as total coliforms are sampled, as specified in 10 CSR 60-4.022(4)-(8).

Failure to comply with this subsection is a monitoring violation which requires public notification as specified in 10 CSR 60-8.010.

(5) Maximum Residual Disinfectant Levels.

(A) Maximum residual disinfectant levels (MRDL) applicable to all community and using chlorine, chloramines or chlorine dioxide and to all transient noncommunity water systems using chlorine dioxide are— Disinfectant ResidualMRDL (mg/L)

Chlorine4.0 (as Cl Chloramines4.0 (as Cl Chlorine dioxide0.8 (as ClO (B) Control of Disinfectant Residuals. For chlorine and chloramines, a public water system is in compliance with the MRDL when the running annual average of monthly averages of samples taken in the distribution system, computed quarterly, is less than or equal to the MRDL. For chlorine dioxide, a public water system (PWS) is in compliance with the MRDL when daily samples are taken at the entrance to the distribution system and no two (2) consecutive daily samples exceed the MRDL. MRDLs are enforceable in the same manner as maximum contaminant levels.

Notwithstanding the MRDLs, systems may 44CODE OF STATE REGULATIONS increase residual disinfectant levels in the distribution system of chlorine or chloramines (but not chlorine dioxide) to a level and for a time necessary to protect public health, to address specific microbiological contamination problems caused by circumstances such as, but not limited to, distribution line breaks, storm run-off events, source water contamination events, or cross-connection events.

(6) Enhanced Disinfection Requirements.

(A) In addition to the requirements in sections (1)–(4) of this rule, surface water and groundwater under the direct influence of surface water systems must comply with the requirements in this section.

(B) General Requirements.

1. This section (6) establishes or extends treatment technique requirements in lieu of maximum contaminant levels for the following contaminants: Giardia lamblia,viruses, heterotrophic plate count bacteria, Legionella, Cryptosporidium, and turbidity. Each surface water and groundwater under the direct influence of surface water system must provide treatment of its source water that complies with these treatment technique requirements and are in addition to those identified in sections (1)–(4) of this rule. The treatment technique requirements consist of installing and properly operating water treatment processes which reliably achieve:

A. At least ninety-nine percent (99%)

(2-log) removal of Cryptosporidiumbetween a point where the raw water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer; and B. Compliance with the profiling and benchmark requirements under the provisions of subsection (6)(C) of this rule.

2. A public water system subject to the requirements of this section (6) is in compliance with the requirements of paragraph (6)(B)1. of this rule if it meets the applicable filtration requirements in 10 CSR 60-4.050 and the disinfection requirements in sections (2)–(4) and subsection (6)(C) of this rule.

(C) Disinfection Profiling and Benchmarking.

1. Disinfection profile. A disinfection profile is a summary of Giardia lamblia inactivation through the treatment plant measured through the course of a year. A public water system subject to the requirements of this section (6) must determine its total trihalomethanes (TTHM) annual average and its HAA5 annual average. The annual average is the arithmetic average of the quarterly averages of four (4) consecutive quarters of monitoring. If the annual average exceeds the levels in subparagraph (6)(C)1.D. then the requirements in paragraph (6)(C)2. apply.

A. The TTHM annual average must be the annual average during the same period as is used for the HAA5 annual average.

B. The HAA5 annual average must be the annual average during the same period as is used for the TTHM annual average.

(I) Those systems that have collected four (4) quarters of HAA5 occurrence data that meets the routine monitoring sample number and location requirements for TTHM in 10 CSR 60-4.094 may use those data to determine whether the requirements of this

section apply.

(II) Those systems that did not collect four (4) quarters of HAA5 occurrence data that meets the provisions of part (6)(C)1.B.(I) of this rule by March 31, 2000 must either:

(a) Conduct monitoring for HAA5 that meets the routine monitoring sample number and location requirements for TTHM in 10 CSR 60-4.094 to determine the HAA5 annual average and whether the requirements of paragraph (6)(C)2. of this

rule apply; or (b) Comply with all other provisions of this section as if the HAA5 monitoring had been conducted and the results required compliance with paragraph (6)(C)2.

C. The system must submit data to the department on the schedule required by the D. Any system having either a TTHM annual average greater than or equal to 0.064 mg/L or an HAA5 annual average greater than or equal to 0.048 mg/L during the period identified in subparagraphs (6)(C)1.A. and B. of this rule must comply with paragraph (6)(C)2. of this rule.

2. Disinfection profiling requirements and compliance dates vary depending on system size. Surface water and groundwater systems serving a population of more than ten thousand (10,000) must monitor profiling data according to subparagraph (6)(C)2.B. through (6)(C)2.C. Surface water and groundwater under the direct influence of surface water systems serving a population of less than ten thousand (10,000) must monitor profiling data according to subparagraph (6)(C)2.D.

A. Any system that meets the criteria in subparagraph (6)(C)1.D. of this rule must develop a disinfection profile of its disinfection practice for a period of up to three (3)

B. The system must monitor daily for a period of twelve (12) consecutive calendar months to determine the total logs of inactivation for each day of operation, based on the values in Tables 1 through 8 of the Missouri Guidance Manual for Surface Water System Treatment Requirements, 1992,as appropriate, through the entire treatment plant. This system must begin this monitoring when requested by the department. As a minimum, the system with a single point of disinfectant application prior to entrance to the distribution system must conduct the monitoring set forth in this subparagraph (6)(C)2.B. A system with more than one (1) point of disinfectant application must conduct this monitoring for each disinfection segment. The system must monitor the parameters necessary to determine the total inactivation ratio, using analytical methods in 10 CSR 60-5.010, as follows:

(I) The temperature of the disinfected water must be measured once per day at each residual disinfectant concentration sampling point during peak hourly flow;

(II) If the system uses chlorine, the pH of the disinfected water must be measured once per day at each chlorine residual disinfectant concentration sampling point during peak hourly flow;

(III) The disinfectant contact time(s) must be determined for each day during peak hourly flow; and (IV) The residual disinfectant concentration(s) of the water before or at the first disinfection must be measured each day during peak hourly flow.

C. In lieu of the monitoring conducted under the provisions of subparagraph (6)(C)2.B. of this rule to develop the disinfection profile the system may elect to meet the requirements of part (6)(C)2.C.(I) of this

rule. In addition to the monitoring conducted under the provisions of subparagraph (6)(C)2.B. of this rule to develop the disinfection profile, the system may elect to meet the requirements of part (6)(C)2.C.(II) of this (I) A PWS that has three (3) years of existing operational data may submit those data, a profile generated using those data, and a request that the department approve use of those data in lieu of monitoring under the provisions of paragraph (6)(C)2. of this rule. The department must determine whether these operational data are substantially equivalent to data collected under the provisions of subparagraph (6)(C)2.B. of this rule. These data must also be representative of Giardia lambliainactivation through the entire treatment plant and not just of certain treatment segments. Until the department approves this request, the system is required to conduct monitoring under the provisions of subpara graph (6)(C)2.B. of (II) In addition to the disinfection profile generated under subparagraph (6)(C)2.B. of this rule, a PWS that has existing operational data may use those data to develop a disinfection profile for additional years. Such systems may use these additional yearly disinfection profiles to develop a benchmark under the provisions of paragraph (6)(C)3. of this rule. The department will determine whether these operational data are substantially equivalent to data collected under the provisions of subparagraph (6)(C)2.B. of this rule. These data must also be representative of inactivation through the entire treatment plant and not just of certain treatment segments.

D. The system must monitor once per week on the same calendar day, for a period of twelve (12) consecutive calendar months, to determine the total logs of inactivation for each week of operation, based on the CT values in Tables 1 through 8 of the Missouri Guidance Manual for Surface Water System Treatment Requirements,1992,as appropriate, through the entire treatment plant. As a minimum, the system with a single point of disinfectant application prior to entrance to the distribution system must conduct the monitoring set forth in this subparagraph. A system with more than one (1) point of disinfectant application must conduct this monitoring for each disinfection segment. The system must monitor the parameters necessary to determine the total inactivation ratio, using analytical methods in 10 CSR 60-5.010, as follows:

(I) The temperature of the disinfected water must be measured at each residual disinfectant concentration sampling point during peak hourly flow;

(II) If the system uses chlorine, the pH of the disinfected water must be measured at each chlorine residual disinfectant concentration sampling point during peak hourly flow;

(III) The disinfectant contact time(s) must be determined during peak hourly flow;

(IV) The residual disinfectant concentration(s) of the water before or at the first disinfection must be measured during peak hourly flow.

E. The system must calculate the total inactivation ratio as follows:

(I) The system may determine the total inactivation ratio for the disinfection segment based on either of the following methods:

(a) Determine one (1) inactivation ratio (CTcalc/CT ) before or at the first customer during peak hourly flow; or (b) Determine successive ) values, representing sequential inactivation ratios, between the point of disinfectant application and a point before or at the first customer during peak hourly flow.

Under this alternative, the system must calculate the total inactivation ratio by determining (CTcalc/CT ) for each sequence and then adding the (CTcalc/CT ) values together to determine ((CTcalc/CT ));

(II) The system must determine the total logs of inactivation by multiplying the value calculated in part (6)(C)2.D.(I) of this

rule by three (3.0).

F. A system that uses either chloramines or ozone for primary disinfection must also calculate the logs of inactivation for viruses using a method identified in the United States Environmental Protection Agency’s Office of Water document, Alternative Disinfectants and Oxidants Guidance Manual, Volume 99 Issue 14 of EPA 815-R, published April 1999. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the U.S. Government Printing Office at 732 North Capitol Street NW, Washington, D.C. 20401, toll free (866)512-1800 or by visiting https://bookstore.gpo.gov.

G. The system must retain disinfection profile data in graphic form, as a spreadsheet, or in some other format acceptable to the department for review as part of sanitary surveys conducted by the department.

3. Disinfection benchmarking.

A. Any system required to develop a disinfection profile under the provisions of paragraphs (6)(C)1. and 2. of this rule and that decides to make a significant change to its disinfection practice must consult with the department in writing prior to making such change. Significant changes to disinfection practice are:

(I) Changes to the point of disinfection;

(II) Changes to the disinfectant(s) used in the treatment plant;

(III) Changes to the disinfection process; and (IV) Any other modification identi- B. Any system that is modifying its disinfection practice must calculate its disinfection benchmark using one (1) of the following procedures:

(I) For each year of profiling data collected and calculated under paragraph (6)(C)2. of this rule, the system must determine the lowest average monthly Giardia lambliainactivation in each year of profiling data. The system must determine the average Giardia lambliainactivation for each calendar month for each year of profiling data by dividing the sum of Giardia lambliainactivation by the number of values calculated for that month; or (II) The disinfection benchmark is the lowest monthly average value (for systems with one (1) year of profiling data) or average of lowest monthly average values (for systems with more than one (1) year of profiling data) of the monthly logs of Giardia lambliainactivation in each year of profiling data.

C. A system that uses either chloramines or ozone for primary disinfection must also calculate the disinfection benchmark for viruses using a method approved by D. The system must submit the following information to the department as part of its consultation process:

(I) A description of the proposed change;

(II) The disinfection profile for Giardia lamblia(and, if necessary, viruses) under paragraph (6)(C)2. of this rule and benchmark as required by subparagraph (6)(C)3.B. of this rule; and (III) An analysis of how the proposed change will affect the current levels of disinfection.

(D) Filtration Sampling Requirements. A public water system subject to the requirements of this section (6) that provides conventional filtration treatment must conduct continuous monitoring of turbidity for each individual filter as indicated in 10 CSR 60- 4.050(2)(D)1.

Original rule filed July 12, 1991, effective Feb. 6, 1992. Amended: Filed Feb. 1, 1996, effective Oct. 30, 1996. Amended: Filed Dec. 15, 1999, effective Sept. 1, 2000. Amended:

2003. Amended: Filed Aug. 12, 2015, effective March 30, 2016. Amended: Filed June 13, 2018, effective Feb. 28, 2019.

##### **10 CSR 60-4.060** Maximum Radionuclide Contaminant Levels and Monitoring ments for radionuclides. {#sec-10-csr-60-4.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-4.060}

46CODE OF STATE REGULATIONS entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this

rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) Maximum Contaminant Levels (MCL).

(A) MCL for Combined Radium-226 and Radium-228. The maximum contaminant level for combined radium-226 and radium- 228 is five picocuries per liter (5 pCi/l). The combined radium-226 and radium-228 value is determined by the addition of the results of the analysis for radium-226 and the analysis for radium-228.

(B) MCL for Gross Alpha Particle Activity (Excluding Radon and Uranium). The maximum contaminant level for gross alpha particle activity (including radium-226 but excluding radon and uranium) is fifteen picocuries per liter (15 pCi/l).

(C) MCL for Beta Particle and Photon Radioactivity.

1. The average annual concentration of beta particle and photon radioactivity from man-made radionuclides in drinking water must not produce an annual dose equivalent to the total body or any internal organ greater than four (4) millirem/year (mrem/year).

2. Except for the radionuclides listed in Table A, the concentration of man-made radionuclides causing four (4) mrem total body or organ dose equivalents must be calculated on the basis of two (2) liter per day drinking water intake using the one hundred sixty-eight (168) hour data list in “Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure,” NBS (National Bureau of Standards) Handbook 69 as amended August 1963, U.S. Department of Commerce, which is incorporated by reference without any later amendments or modifications. If two (2) or more radionuclides are present, the sum of their annual dose equivalent to the total body or to any organ shall not exceed four (4) mrem/year.

Table A.—Average Annual Concentrations Assumed to Produce a Total Body or Organ Dose of Mrem/Year Radionuclide Critical Organ pCi per Liter TritiumTotal body20,000 Strontium-90 Bone Marrow8 (D) MCL for Uranium. The maximum contaminant level for uranium is thirty micrograms per liter (30 μg/l).

(E) Compliance Dates. Community water systems (CWSs) must comply with the MCLs listed in subsections (1)(A)–(D) of this rule.

Compliance shall be determined in accordance with the requirements of 10 CSR 60- 5.010 and section (2) of this rule.

(2) Monitoring Frequency and Compliance Requirements for Radionuclides in Community Water Systems.

(A) Monitoring and Compliance Requirements for Gross Alpha Particle Activity, Radium-226, Radium-228, and Uranium.

1. Community water systems must conduct initial monitoring to determine compliance with subsections (1)(A), (B) and (D) of this rule. For the purposes of monitoring for gross alpha particle activity, radium-226, and radium-228, the detection limits are:

A. The detection limit for gross alpha particle activity is three (3) pCi/L;

B. The detection limit for radium-226 is one (1) pCi/L; and C. The detection limit for radium-228 is one (1) pCi/L.

2. Applicability and sampling location for existing community water systems or sources. All existing CWSs using groundwater, surface water, or systems using both ground and surface water must sample at every entry point to the distribution system that is representative of all sources being used (hereafter called a sampling point) under normal operating conditions. The system must take each sample at the sample sampling point unless conditions make another sampling point more representative of each source.

3. Applicability and sampling location for new community water systems or sources.

All new CWSs or CWSs that use a new source of water must begin to conduct initial monitoring for the new source within the first quarter after initiating use of the source.

CWSs must conduct more frequent monitoring when ordered by the department in the event of possible contamination or when changes in the distribution system or treatment processes occur which may increase the concentration of radioactivity in finished 4. Initial monitoring for gross alpha particle activity, radium-226, radium-228, and uranium.

A. For gross alpha particle activity, uranium, radium-226, and radium-228 monitoring, the department will waive the final two (2) quarters of initial monitoring for a sampling point if the results of the samples from the previous two (2) quarters are below the detection limit.

B. If the average of the initial monitoring results for a sampling point is above the MCL, the system must collect and analyze quarterly samples at that sampling point until the system has results from four (4) consecutive quarters that are at or below the MCL, unless the system enters into another schedule as part of a formal compliance agreement with the department.

5. Reduced monitoring. Community water systems may reduce the future frequency of monitoring from once every three (3) years to once every six (6) or nine (9) years at each sampling point, based on the following criteria.

A. If the average of the initial monitoring results for each contaminant (that is, gross alpha particle activity, uranium, radium-226, or radium-228) is below the detection limit specified in paragraph (2)(A)1. of this rule, the system must collect and analyze for that contaminant using at least one (1) sample at that sampling point every nine (9)

B. For gross alpha particle activity and uranium, if the average of the initial monitoring results for each contaminant is at or above the detection limit but at or below onehalf (1/2) the MCL, the system must collect and analyze for that contaminant using at least one (1) sample at that sampling point every six (6) years. For combined radium- 226 and radium-228, the analytical results must be combined. If the average of the combined initial monitoring results for radium- 226 and radium-228 is at or above the detection limit but at or below one-half (1/2) the MCL, the system must collect and analyze for that contaminant using at least one (1) sample at that sampling point every six (6)

C. For gross alpha particle activity and uranium, if the average of the initial monitoring results for each contaminant is above one-half (1/2) the MCL but at or below the MCL, the system must collect and analyze at least one (1) sample at that sampling point every three (3) years. For combined radium- 226 and radium-228, the analytical results must be combined. If the average of the combined initial monitoring results for radium- 226 and radium-228 is above one-half (1/2) the MCL but at or below the MCL, the system must collect and analyze at least one (1) sample at that sampling point every three (3)

D. Systems must use the samples collected during the reduced monitoring period to determine the monitoring frequency for subsequent monitoring periods (for example, if a system’s sampling point is on a nine (9)year monitoring period, and the sample result is above one-half (1/2) the MCL, then the next monitoring period for that sampling point is three (3) years).

E. If a system has a monitoring result that exceeds the MCL while on reduced monitoring, the system must collect and analyze quarterly samples at that sampling point until the system has results from four (4) consecutive quarters that are below the MCL, unless the system enters into another schedule as

part of a formal compliance agreement with 6. Compositing. To fulfill quarterly monitoring requirements for gross alpha particle activity, radium-226, radium-228, or uranium, a system may composite up to four (4) consecutive quarterly samples from a single entry point if analysis is done within a year of the first sample. The department will treat analytical results from the composited as the average analytical result to determine compliance with the MCLs and the future monitoring frequency. If the analytical result from the composited sample is greater than one-half (1/2) the MCL, the department may direct the system to take additional quarterly samples before allowing the system to sample under a reduced monitoring schedule.

7. Gross alpha particle activity measure- A. A gross alpha particle activity measurement may be substituted for the required radium-226 measurement provided that the measured gross alpha particle activity does not exceed five (5) pCi/L. A gross alpha particle activity measurement may be substituted for the required uranium measurement provided that the measured gross alpha particle activity does not exceed fifteen (15) pCi/L.

B. The gross alpha measurement shall have a confidence interval of ninety-five percent (95%) (1.65s, where sis the standard deviation of the net counting rate of the sample) for radium-226 and uranium. When a system uses a gross alpha particle activity measurement in lieu of a radium-226 and/or uranium measurement, the gross alpha particle activity analytical result will be used to determine the future monitoring frequency for radium-226 and/or uranium. If the gross alpha particle activity result is less than detection, one-half (1/2) the detection limit will be used to determine compliance and the future monitoring frequency.

(B) Monitoring and Compliance Requirements for Beta Particle and Photon Radioactivity. To determine compliance with the maximum contaminant levels in subsection (1)(C) of this rule for beta particle and photon radioactivity, a system must monitor at a frequency as follows:

1. Community water systems (both surface and ground water) designated by the department as vulnerable must sample for beta particle and photon radioactivity.

Systems must collect quarterly samples for beta emitters and annual samples for tritium and strontium-90 at each entry point to the distribution system (hereafter called a sampling point), beginning within one (1) quarter after being notified by the department.

Systems already designated by the department must continue to sample until the department reviews and either reaffirms or removes the designation.

A. If the gross beta particle activity beta particle activity at a sampling point has a running annual average (computed quarterly) less than or equal to fifty (50) pCi/L (screening level), the department may reduce the frequency of monitoring at that sampling point to once every three (3) years. Systems must collect all samples required in paragraph (2)(B)1. of this rule during the reduced monitoring period.

B. For systems in the vicinity of a nuclear facility, the department may allow the CWS to use environmental surveillance data collected by the nuclear facility in lieu of monitoring at the system’s entry point(s), where the department determines such data is applicable to the community water system. In the event that there is a release from a nuclear facility, systems, using surveillance data must begin monitoring at the community water system’s entry point(s) in accordance with paragraph (2)(B)1. of this rule.

2. Community water systems (both surface and ground water) designated by the department as using waters contaminated by effluents from nuclear facilities must sample for beta particle and photon radioactivity.

Systems must collect quarterly samples for beta emitters and iodine-131 and annual samples for tritium and strontium-90 at each entry point to the distribution system (hereafter called a sampling point), beginning within one (1) quarter after being notified by the department. Systems already designated by the department as systems using waters contaminated by effluents from nuclear facilities shall continue to sample until the department reviews and either reaffirms or removes the designation.

A. Quarterly monitoring for gross particle activity shall be based on the analysis of monthly samples or the analysis of a composite of three (3) monthly samples. The former is recommended.

B. For iodine-131, a composite of five (5) consecutive daily samples shall be analyzed once each quarter. As ordered by the department, more frequent monitoring shall be conducted when iodine-131 is identified in the finished water.

C. Annual monitoring for strontium- 90 and tritium shall be conducted by means of analysis of four (4) quarterly samples, or with department approval, a composite of samples collected in four (4) consecutive quarters.

D. If the gross beta particle activity beta particle activity at a sampling point has a running annual average (computed quarterly) less than or equal to fifteen (15) pCi/l, the department may reduce the frequency of monitoring at that sampling point to every three (3) years. Systems must collect all samples required in paragraph (2)(B)2. of this

rule during the reduced monitoring period.

E. For systems in the vicinity of a nuclear facility, the department may allow the CWSs to utilize environmental surveillance data collected by the nuclear facility in lieu of monitoring at the system’s entry point(s), where the department determines if such data is applicable to the water system. In the event that there is a release from a nuclear facility, systems using surveillance data must begin monitoring at the community water system’s entry point(s) in accordance with paragraph (2)(B)2. of this rule.

3. Community water systems designated by the department to monitor for beta particle and photon radioactivity shall not apply to the department for a waiver from the monitoring frequencies specified in paragraph (2)(B)1. or (2)(B)2. of this rule.

4. Community water systems may analyze for naturally occurring potassium-40 beta particle activity from the same or equivalent sample used for the gross beta particle activity analysis. Systems are allowed to subtract the potassium-40 beta particle activity value from the total gross beta particle activity value to determine if the screening level is exceeded. The potassium-40 beta particle activity must be calculated by multiplying elemental potassium concentrations (in mg/l) by a factor of 0.82.

5. If the gross beta particle activity beta particle activity exceeds the screening level, an analysis of the sample must be performed to identify the major radioactive constituents present in the sample and the appropriate doses must be calculated and summed to determine compliance with paragraph (1)(C)1., using the formula in paragraph (1)(C)2. Doses must also be calculated and 48CODE OF STATE REGULATIONS combined for measured levels of tritium and strontium to determine compliance.

6. Systems must monitor monthly at the sampling point(s) which exceed the maximum contaminant level in subsection (1)(C) beginning the month after the exceedance occurs.

Systems must continue monthly monitoring until the system has established, by a rolling average of three (3) monthly samples, that the MCL is being met. Systems who establish that the MCL is being met must return to quarterly monitoring until they meet the requirements set forth in subparagraph (2)(B)1.B. or subparagraph (2)(B)2.A of this (C) General Monitoring and Compliance Requirements for Radionuclides.

1. The department may require more frequent monitoring than specified in subsections (2)(A) and (2)(B) of this rule, or may require confirmation samples at its discretion. The results of the initial and confirmation samples will be averaged for use in compliance determinations.

2. Each public water system shall monitor at the time designated by the department during each compliance period.

3. Compliance with subsections (1)(A)– (D) of this rule will be determined based on the analytical result(s) obtained at each sampling point. If one (1) sampling point is in violation of an MCL, the system is in violation of the MCL.

A. For systems monitoring more than each sampling point. If the average of any sampling point is greater than the MCL, then the system is out of compliance with the B. For systems monitoring more than once per year, if any sample result will cause the running average to exceed the MCL at any sample point, the system is out of compliance with the MCL immediately.

C. Systems must include all samples taken and analyzed under the provisions of this section in determining compliance, even if that number is greater than the minimum required.

D. If a system does not collect all required samples when compliance is based on a running annual average of quarterly samples, compliance will be based on the running average of the samples collected.

E. If a sample result is less than the detection limit, zero (0) will be used to calculate the annual average, unless a gross alpha particle activity is being used in lieu of radium-226 and/or uranium. If the gross alpha particle activity result is less than detection, one-half (1/2) the detection limit will be used to calculate the annual average.

4. The department has the discretion to delete results of obvious sampling or analytic errors.

5. If the MCL for radioactivity set forth in subsection (1)(A)–(D) of this rule is exceeded, the operator of a community water system must give notice to the department pursuant to 10 CSR 60-7.010 and to the public as required by 10 CSR 60-8.010.

(3) Non-Community Water Systems. Noncommunity water systems must monitor for radionuclides as directed by the department.

Sept. 14, 1979. Amended: Filed April 14, 1981, effective Oct. 11, 1981. Rescinded and readopted: Filed Jan. 16, 2002, effective Nov. 30, 2002. Amended: Filed June 13, 2018, effective Feb. 28, 2019.

##### **10 CSR 60-4.070** Secondary Contaminant ments for secondary contaminants. {#sec-10-csr-60-4.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-4.070}

(1) The following are the recommended secondary maximum contaminant levels for community and nontransient noncommunity water systems:

Contaminant Level Aluminum 0.05–0.2 mg/l Chloride 250 mg/l Color15 color units Copper1.0 mg/l CorrosivityNoncorrosive Fluoride 2.0 mg/l Foaming agents 0.5 mg/l Iron 0.3 mg/l Manganese 0.05 mg/l Odor 3 Threshold Odor number pH 6.5–8.5 Silver 0.1 mg/l Sulfate 250 mg/l Total dissolved solids (TDS) 500 mg/l Zinc 5 mg/l (2) Groundwater systems shall take one (1) sample at each sampling point during each three (3)-year compliance period beginning in the compliance period starting January 1, 1993. Surface water systems (or combined surface/ground) shall take one (1) sample annually at each sampling point beginning January 1, 1993. Color, foaming agents and odor should be analyzed at the water system site, as needed.

(3) For community water systems, if the result of analyses indicates that the secondary contaminant level for fluoride is exceeded, the supplier of water must report to the department within seven (7) days and must collect three (3) additional samples from designated sampling points to be submitted for analysis within one (1) month at intervals determined by the department. When the average of the results of four (4) analyses as required by this section exceeds the secondary contaminant level, the supplier of water must notify the department as required by 10 CSR 60-7.010 and give notice as Amended: Filed Aug. 4, 1987, effective Jan. 1, 1988. Rescinded and readopted: Filed March 31, 1992, effective Dec. 3, 1992.

Amended: Filed March 17, 2003, effective Nov. 30, 2003.

##### **10 CSR 60-4.080** Operational Monitoring {#sec-10-csr-60-4.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-4.080}

PURPOSE: This rule establishes criteria for operation and operational monitoring. would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Public water systems utilizing any treatment process must perform sufficient analyses to maintain control of the treatment process, using methods as required by 10 CSR 60-5.010 and as acceptable to the department.

(2) Automatic instrumentation may be used if properly installed, maintained and periodical ly calibrated against known standards prepared in accordance with Standard Methods for the Examination of Water and Wastewater 1992, 18th edition, or Methods for Chemical Analysis of Water and Wastes, published in March 1983 by the Environmental Protection Agency’s (MCAWW, Section 9.3, EPA/600/479/020, Cincinnati, OH). This document is incorporated by reference without any later amendments or modifications.

To obtain a copy, contact the U.S.

Capitol Street NW, Washington, D.C., 20401, toll free at (866)512-1800 or by visiting https://bookstore.gpo.gov.

(3) Sufficient analyses must be done to assure control of water quality, the following requirements notwithstanding. Continuous monitoring and recording may be used for any operational analysis instead of grab sampling provided that the requirements of section (2) are met. For those analyses where continuous monitoring is required, if there is a failure in the continuous monitoring equipment, grab sampling every four (4) hours of operation may be conducted in lieu of continuous monitoring but for no more than five (5) working days following the failure of the equipment. Applicable analyses and testing frequencies are as follows:

50CODE OF STATE REGULATIONS

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 6XUIDFHZDWHUDQG*URXQGZDWHUXQGHUWKH'LUHFWLQIOXHQFHRIVXUIDFHZDWHUDQGFRPSOLDQFHPRQLWRULQJV\VWHPVXQGHU &65  6XUIDFHZDWHUDQG*URXQGZDWHUXQGHUWKH'LUHFWLQIOXHQFHRIVXUIDFHZDWHU  )RUIDFLOLWLHVXWLOL]LQJVROLGVFRQWDFWEDVLQV  (4) If, after investigation, the department finds that any public water system is incompetently supervised, improperly operated, inadequate, of defective design or if the water fails to meet standards established in these rules, the water supplier must implement changes that may be required by the depart- (5) Every supplier of water to a public water system must disinfect all newly constructed or repaired water distribution mains, finished water storage facilities or wells by methods acceptable to the department before being placed in or returned to service.

(6) All finished water reservoirs must be covered by a permanent, protective material, adequately vented with properly screened openings.

(7) Chemicals, materials and protective coatings used in public water systems must be acceptable to the department.

(8) Public water systems must maintain a minimum positive pressure of twenty pounds per square inch (20 psi) throughout the distribution system under all normal operating conditions.

(9) A supplier of water that adds fluoride to the water system must submit one (1) sample per quarter for analyses to an approved laboratory.

Sept. 14, 1979. Amended: Filed April 14, 1981, effective Oct. 11, 1981. Amended: Filed July 12, 1991, effective Feb. 6, 1992. 30, 1996. Amended: Filed June 13, 2018, effective Feb. 28, 2019.

##### **10 CSR 60-4.090** Maximum Contaminant Levels and Monitoring Requirements for Disinfection By-Products {#sec-10-csr-60-4.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-4.090}

(Rescinded February 28, 2019)

2008. Original rule filed April 14, 1981, effective Oct. 11, 1981. Amended: Filed Feb. 1, 1996, effective Oct. 30, 1996. Amended:

Filed Dec. 15, 1999, effective Sept. 1, 2000.

Amended: Filed March 17, 2003, effective Nov. 30, 2003. Amended: Filed Feb. 27, 2009, effective Oct. 30, 2009. Rescinded:

Filed June 13, 2018, effective Feb. 28, 2019.

##### **10 CSR 60-4.092** Initial Distribution System Evaluation 2008. Original rule filed Feb. 27, 2009, effective Oct. 30, 2009. Rescinded: Filed Dec. 29, 2017, effective Sept. 30, 2018. {#sec-10-csr-60-4.092 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-4.092}

##### **10 CSR 60-4.094** Disinfectant Residuals, Disinfection Byproduct Precursors and the Stage 2 Disinfectants/Disinfection Byproducts Rule {#sec-10-csr-60-4.094 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-4.094}

PURPOSE: This rule establishes monitoring and other requirements for achieving compliance with maximum contaminant levels based on locational running annual averages for certain disinfection byproducts and for achieving compliance with maximum residual disinfectant levels for chlorine and chloramine for certain consecutive systems. This

rule incorporates the requirements of subparts L and V of 40 CFR part 141, Stage 2 Disinfectants/Disinfection Byproducts, published in the January 4, 2006, Federal Register.

(1) Stage 2 Disinfectants/Disinfection Byproducts (D/DBP) Rule General (A) The requirements of this rule constitute national primary drinking water regulations.

This rule establishes monitoring and other requirements for achieving compliance with maximum contaminant levels based on locational running annual averages (LRAA) for total trihalomethanes (TTHM) and haloacetic acids five (HAA5), and for achieving compliance with maximum residual disinfectant residuals for chlorine and chloramine for certain consecutive sys (B) Applicability. This rule applies to community water systems and nontransient noncommunity water systems that use a primary or residual disinfectant other than ultraviolet light or deliver water that has been treated with a primary or residual disinfectant other than ultraviolet light.

(C) Community water systems and nontransient noncommunity water systems must comply with maximum residual disinfectant levels (MRDLs), monitoring and compliance requirements of this rule, and the MCLs of 0.080 mg/L for total triahalomethanes (TTHM), 0.060 mg/L for haloacetic acids (five) (HAA5), 0.010 mg/L for bromate, and 1.0 mg/L for chlorite.

(2) Monitoring Requirements.

(A) Disinfectant Residuals, Chlorite, and Bromate Monitoring Requirements.

1. Chlorine and chloramines.

A. Routine monitoring. Community and nontransient noncommunity water systems must measure the residual disinfectant level at the same points in the distribution system and at the same time as total coliforms are sampled, as specified in 10 CSR 60- 4.022. Systems using surface water or ground water may use the results of residual disinfectant concentration sampling conducted under 10 CSR 60-4.080(3) and 10 CSR 60- 4.055(4), in lieu of taking separate samples.

B. Reduced monitoring. Monitoring may not be reduced.

2. Chlorine dioxide.

A. Routine monitoring. Community, nontransient noncommunity, and transient noncommunity water systems that use chlorine dioxide for disinfection or oxidation must take daily samples at the entrance to the distribution system. For any daily sample that detects chlorine dioxide, the system must take additional samples in the distribution system the following day in addition to the sample required at the entrance to the distribution system.

B. Additional monitoring. On each day following a routine sample monitoring result that detects chlorine dioxide, the system is required to take three (3) chlorine dioxide distribution system samples as close to the first customer as possible, at intervals of at least six (6) hours. If chloramines are used to maintain a disinfectant residual in the distribution system, or if chlorine is used to maintain a disinfectant residual in the distribution system and there are no disinfection addition points after the entrance to the distribution system (that is, no booster chlorination), the system must take three (3) samples as close to the first customer as possible, at intervals of at least six (6) hours. If chlorine is used to maintain a disinfectant residual in the distribution system and there are one (1) or more disinfection addition points after the entrance to the distribution system (that is, booster chlorination), the system must take one (1) sample at each of the following locations: as close to the first customer as possible; in a location representative of average residence time; and as close to the end of the distribution system as possible (reflecting maximum residence time in the distribution system).

C. Reduced monitoring. Chlorine dioxide monitoring may not be reduced.

3. Chlorite.

A. Routine monitoring. Community and nontransient noncommunity water systems using chlorine dioxide, for disinfection or oxidation, must conduct monitoring for chlorite.

(I) Daily Monitoring. Systems must take daily samples at the entrance to the distribution system. For any daily sample that exceeds the chlorite MCL, the system must take additional samples in the distribution system the following day at the following locations: near the first customer; at a location representative of average residence time; and at a location reflecting maximum residence time in the distribution system, in addition to the sample required at the entrance to the distribution system.

(II) Monthly monitoring. Systems must take a three (3)-sample set each month in the distribution system. The system must take one (1) sample at each of the following locations: near the first customer; at a location representative of average residence time; and at a location reflecting maximum residence time in the distribution system. Any additional routine sampling must be conducted in the same manner (as three (3)-sample sets, at the specified locations). The system may use the results of additional monitoring conducted under the following subparagraph (2)(A)3.B. to meet the requirement for monthly monitoring.

B. Additional monitoring. On each day following a routine sample monitoring result that exceeds the chlorite MCL at the entrance to the distribution system, the system is required to take three (3) chlorite distribution system samples at the following locations: as close to the first customer as possible, in a location representative of average residence time, and as close to the end of the distribution system as possible (reflecting maximum residence time in the distribution system).

C. Reduced monitoring.

(I) Chlorite monitoring at the entrance to the distribution system required by part (2)(A)3.A.(I) of this rule may not be reduced.

(II) Chlorite monitoring in the distribution system required by part (2)(A)3.A.(II) of this rule may be reduced to one (1) three (3)-sample set per quarter after one (1) year of monitoring where no individual chlorite sample taken in the distribution system under part (2)(A)3.A.(II) of this rule has exceeded the chlorite MCL and the system has not been required to conduct monitoring under subparagraph (2)(A)3.B. of this

rule. The system may remain on the reduced monitoring schedule until either any of the three (3) individual chlorite samples taken quarterly in the distribution system under

part (2)(A)3.A.(II) of this rule exceeds the chlorite MCL or the system is required to conduct monitoring under subparagraph (2)(A)3.B. of this rule, at which time the system must revert to routine monitoring.

4. Bromate.

A. Routine monitoring. Community and nontransient noncommunity systems using ozone for disinfection or oxidation must take one (1) sample per month for each treatment plant in the system using ozone.

Systems must take samples monthly at the entrance to the distribution system while the ozonation system is operating under normal conditions.

B. Reduced monitoring. A system required to analyze for bromate may reduce monitoring from monthly to quarterly, if the system’s running annual average bromate concentration is less than or equal to 0.0025 mg/L based on monthly bromate measurements for the most recent four (4) quarters, with samples analyzed using Method 317.0 Revision 2.0, 326.0, or 321.8. If a system has qualified for reduced bromate monitoring, that system may remain on reduced monitoring as long as the running annual average of quarterly bromate samples is ≤0.0025 mg/L based on samples analyzed using Method 317.0 Revision 2.0, 326.0, or 321.8. If the running annual average bromate concentration is >0.0025 mg/L, the system must resume routine monitoring required by subparagraph (2)(A)4.A. of this rule.

(B) Disinfection Byproduct Precursors (DBPP) Monitoring Requirements.

1. Total Organic Carbon (TOC).

A. Routine Monitoring. Systems the direct influence of surface water and using conventional filtration treatment must monitor each treatment plant for total organic carbon (TOC) no later than the point of combined filter effluent turbidity monitoring and representative of the treated water. These systems must also monitor for TOC in the source water prior to any treatment at the same time as monitoring for TOC in the treated water. These samples (source water and treated water) are referred to as paired samples. At the same time as the source water sample is taken, all systems must monitor for alkalinity in the source water prior to any treatment. Systems must take one (1) paired sample and one (1) source water alkalinity sample per month per plant at a time representative of normal operating conditions and influent water quality.

B. Reduced monitoring. Systems the direct influence of surface water with an average treated water TOC of less than 2.0 mg/L for two (2) consecutive years, or less than 1.0 mg/L for one (1) year, may reduce monitoring for both TOC and alkalinity to one (1) paired sample and one (1) source water alkalinity sample per plant per quarter.

The system must revert to routine monitoring in the month following the quarter when the annual average treated water TOC greater than or equal to 2.0 mg/L.

2. Bromide. Systems required to analyze for bromate may reduce bromate monitoring from monthly to once per quarter, if the system demonstrates that the average source water bromide concentration is less than 0.05 mg/L based upon representative monthly measurements for one (1) year. The system must continue bromide monitoring to remain on reduced bromate monitoring.

(C) Total Trihalomethane and Haloacetic Acid Monitoring Requirements.

1. General Requirements.

A. Undisinfected systems that begins using a disinfectant other than ultraviolet (UV) light must consult with the department to identify compliance monitoring locations for this rule. Systems must then develop a monitoring plan that includes those monitoring locations.

B. Stage 2 D/DBP Compliance Monitoring Plan.

(I) Developing and implementing a monitoring plan. The system must develop and implement a monitoring plan to be kept on file for department and public review.

Unless otherwise directed by the department, the monitoring plan must contain the following elements and be complete no later than the date initial monitoring under this rule is conducted:

(a) Monitoring locations;

(b) Monitoring dates;

(c) Compliance calculation procedures; and (d) Monitoring plans for any other systems in the combined distribution system if the department has reduced monitoring requirements.

(II) The system must identify which locations to use for Stage 2 D/DBP rule compliance monitoring by alternating selection of locations representing high TTHM levels and high HAA5 levels until the required number of Stage 2 D/DBP rule compliance monitoring locations have been identified.

(III) The system must submit a copy of the monitoring plan to the department prior to the date the system conducts the initial monitoring under this rule.

(IV) A system may revise the monitoring plan to reflect changes in treatment, distribution system operations and layout (including new service areas), or other factors that may affect TTHM or HAA5 formation, or for department-approved reasons, 54CODE OF STATE REGULATIONS after consultation with the department regarding the need for changes and the appropriateness of changes. If the system changes monitoring locations, the system must replace existing compliance monitoring locations with the lowest LRAA with new locations that reflect the current distribution system locations with expected high TTHM or HAA5 levels. The department may also require modifications in the system’s monitoring plan. The system must submit a copy of the modified monitoring plan to the department prior to the date the system is required to comply with the revised monitoring plan.

C. Monitoring must begin at the locations and months the system has recommended in the Stage 2 D/DBP Compliance Monitoring Plan unless the department requires other locations or additional locations after its review.

D. Analytical methods. The system must use an approved method listed in 10 CSR 60-5.010 for TTHM and HAA5 analyses. Analyses must be conducted by laboratories that have received certification by Environmental Protection Agency (EPA) or the department as specified in 10 CSR 60- 5.020.

E. Additional Requirements for Consecutive Systems. If the system is a consecutive system that does not add a disinfectant but delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light, the system must comply with analytical and monitoring requirements for chlorine and chloramines in 10 CSR 60- 5.010 and 10 CSR 60-4.055(4)(E), the compliance requirements in 10 CSR 60- 4.094(3)(B.)1. and report monitoring results under 10 CSR 60-7.010(5)(B).

2. Reduced Monitoring.

A. Monitoring requirements for source water TOC. In order to qualify for reduced monitoring for TTHM and HAA5, surface water and ground water under the direct influence of surface water (GWUD- ISW) systems not monitoring under the TOC reduced monitoring provisions, must take monthly TOC samples every thirty (30) days at a location prior to any treatment. Once qualified for reduced monitoring for TTHM and HAA5, a system may reduce source water TOC monitoring to quarterly TOC samples taken every ninety (90) days at a location prior to any treatment.

B. The system may reduce monitoring any time the LRAA is ≤0.040 mg/L for TTHM and ≤0.030 mg/L for HAA5 at all monitoring locations. In addition, the source water annual average TOC level, before any treatment, must be ≤4.0 mg/L at each treatment plant treating surface water or ground 56CODE OF STATE REGULATIONS 6WDJH''%35RXWLQH0RQLWRULQJ 6RXUFHZDWHUW\SH 3RSXODWLRQVL]HFDWHJRU\ 0RQLWRULQJ )UHTXHQF\ 'LVWULEXWLRQ PRQLWRULQJ ORFDWLRQWRWDOSHU PRQLWRULQJ SHULRG  6XUIDFHZDWHUV\VWHPRUJURXQGZDWHU XQGHUWKHGLUHFWLQIOXHQFHRIVXUIDFH ZDWHU *URXQGZDWHU  ± ± ± ± ± ±   ± ± ±          $OOV\VWHPVPXVWPRQLWRUGXULQJPRQWKRIKLJKHVW'%3FRQFHQWUDWLRQV 6\VWHPVRQTXDUWHUO\PRQLWRULQJPXVWWDNHGXDOVDPSOHVHWVHYHU\GD\VDWHDFKPRQLWRULQJORFDWLRQH[FHSWIRUVXUIDFHZDWHU V\VWHPVRUJURXQGZDWHUXQGHUWKHGLUHFWLQIOXHQFHRIVXUIDFHZDWHUVHUYLQJ±*URXQGZDWHUV\VWHPVVHUYLQJ RQDQQXDOPRQLWRULQJPXVWWDNHGXDOVDPSOHVHWVDWHDFKPRQLWRULQJORFDWLRQ$OORWKHUV\VWHPVRQDQQXDOPRQLWRULQJDQGVXUIDFH ZDWHUV\VWHPVRUJURXQGZDWHUXQGHUWKHGLUHFWLQIOXHQFHRIVXUIDFHZDWHUVHUYLQJ±DUHUHTXLUHGWRWDNHLQGLYLGXDO77+0 DQG+$$VDPSOHV LQVWHDGRIDGXDOVDPSOHVHW DWWKHORFDWLRQZLWKWKHKLJKHVW77+0DQG+$$FRQFHQWUDWLRQVUHVSHFWLYHO\ )RUV\VWHPVVHUYLQJIHZHUWKDQILYHKXQGUHG  SHRSOHRQH  ORFDWLRQZLWKDGXDOVDPSOHVHWSHUPRQLWRULQJSHULRGLVQHHGHG LIWKHKLJKHVW77+0DQG+$$FRQFHQWUDWLRQVRFFXUDWWKHVDPHORFDWLRQ Source water type Population size category Monitoring Frequency Distribution system monitoring location per monitoring period Surface water system or ground water under the direct influence of surface water:

Ground water: <500 500–3,300 3,301–9,999 10,000–49,999 50,000–249,999 250,000–999,999 1,000,000–4,999,999 •5,000,000 <500 500-9,999 10,000-99,999 100,000-499,999 •500,000 ............

Every third year Monitoring may not be reduced. 2 dual sample sets: one at the location and during the quarter with the highest TTHM single measurement; and one at the location and during the quarter with the highest HAA5 single measurement. 2 dual sample sets at the locations with the highest TTHM and highest HAA5 LRAAs. 4 dual sample sets—at the locations with the two highest TTHM and two highest HAA5 LRAAs. 6 dual sample sets—at the locations with the three highest TTHM and three highest HAA5 LRAAs. 8 dual sample sets—at the locations with the four highest TTHM and four highest HAA5 LRAAs. 10 dual sample sets—at the locations with the five highest TTHM and five highest HAA5 LRAAs. 2 dual sample sets: one at the location and during the quarter with the highest TTHM single measurement; and one at the location and during the quarter with the highest HAA5 single measurement. 2 dual sample sets; at the locations with the highest TTHM and highest HAA5 LRAAs. 4 dual sample sets at the locations with the two highest TTHM and two highest HAA5 LRAAs.

Stage 2 D/DBP Reduced Monitoring Systems on quarterly monitoring must take dual sample sets every 90 days.

C. The system may remain on reduced monitoring as long as the TTHM LRAA ≤0.040 mg/L and the HAA5 LRAA ≤0.030 mg/L at each monitoring location (for systems with quarterly reduced monitoring) or each TTHM sample ≤0.060 mg/L and each HAA5 sample ≤0.045 mg/L (for systems with annual or less frequent monitoring). In addition, the source water annual average TOC level, before any treatment, must be ≤4.0 mg/L at each treatment plant treating surface water or ground water under the direct influence of surface water.

D. If the LRAA based on quarterly monitoring at any monitoring location exceeds either 0.040 mg/L for TTHM or 0.030 mg/L for HAA5 or if the annual (or less frequent) sample at any location exceeds either 0.060 mg/L for TTHM or 0.045 mg/L for HAA5, or if the source water annual average TOC level, before any treatment, >4.0 mg/L at any treatment plant treating surface water or ground water under the direct influence of surface water, the system must resume routine monitoring under section 10 CSR 60-4.094(2)(C)2. or begin increased monitoring if paragraph 10 CSR 60- 4.094(2)(C)4. applies.

E. The department may return the system to routine monitoring at the department’s discretion.

3. Increased Monitoring.

A. If the system is required to monitor at a particular location annually or less frequently than annually under routine or reduced monitoring of this rule, the system must increase monitoring to dual sample sets once per quarter (taken every ninety (90)

days) at all locations if a TTHM sample is >0.080 mg/L or an HAA5 sample is >0.060 mg/L at any location.

B. The system is in violation of the MCL when the LRAA exceeds the Stage 2 D/DBP rule MCLs in subparagraph 10 CSR 60-4.094(3)(D)3.A., calculated based on four (4) consecutive quarters of monitoring (or the LRAA calculated based on fewer than four (4) quarters of data if the MCL would be exceeded regardless of the monitoring results of subsequent quarters). The system is in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating an LRAA if the system fails to monitor.

C. The system may return to routine monitoring once the system has conducted increased monitoring for at least four (4) consecutive quarters and the LRAA for every monitoring location is ≤0.060 mg/L for TTHM and ≤0.045 mg/L for HAA5.

(3) Compliance Requirements.

(A) General Requirements.

1. Where compliance is based on a locational running annual average (LRAA) or running annual average (RAA) of monthly or quarterly samples or averages and the system fails to monitor for TTHM, HAA5, or bromate, this failure to monitor will be treated as a monitoring violation for the entire period covered by the annual average.

2. Where compliance is based on a running annual average of monthly or quarterly samples or averages and the system’s failure to monitor makes it impossible to determine compliance with MRDLs for chlorine and chloramines, this failure to monitor will be treated as a monitoring violation for the entire period covered by the annual average.

3. All samples taken and analyzed under the provisions of this rule must be included in determining compliance, even if that number is greater than the minimum required.

4. If, during the first year of monitoring, any individual quarter’s average will cause the running annual average of that system to exceed the MCL, the system is out of compliance at the end of that quarter.

5. Systems required to monitor quarterly. To comply with MCLs in paragraph 10 CSR 60-4.094(2)(C)1.the system must calculate LRAAs for TTHM and HAA5 using monitoring results collected under this rule and determine that each LRAA does not exceed the MCL. If the system fails to complete four (4) consecutive quarters of monitoring, the system must calculate compliance with the MCL based on the average of the available data from the most recent four (4) quarters. If the system takes more than one (1) sample per quarter at a monitoring location, the system must average all samples taken in the quarter at that location to determine a quarterly average to be used in the LRAA calculation.

6. Systems required to monitor yearly or less frequently. To determine compliance with the Stage 2 D/DBP MCLs in subparagraph 10 CSR 60-4.094(3)(D)3.A., the system must determine that each sample taken is less than the MCL. If any sample exceeds the MCL, the system must comply with the requirements of increased monitoring of this

rule. If no sample exceeds the MCL, the sample result for each monitoring location is considered the LRAA for that monitoring location.

7. Violation. If a system fails to monitor, the system is in violation of the monitoring requirements for each quarter or monitoring period that a monitoring result would be used in calculating a LRAA for TTHM and HAA5 or RAA for bromate or chlorite.

(B) Disinfectant Residuals, Chlorite, and Bromate.

1. Chlorine and chloramines.

A. Compliance must be based on a running annual arithmetic average, computed quarterly, of monthly averages of all samples collected by the system under paragraph (2)(A)1. of this rule. If the average covering any consecutive four (4)-quarter period exceeds the MRDL, the system is in violation of the MRDL and must notify the public pursuant to 10 CSR 60-8.010, in addition to CSR 60-7.010.

B. In cases where systems switch between the use of chlorine and chloramines for residual disinfection during the year, compliance must be determined by including together all monitoring results of both chlorine and chloramines in calculating compliance. Reports submitted pursuant to 10 CSR 60-7.010(5) must clearly indicate which residual disinfectant was analyzed for each sample.

2. Chlorine dioxide.

A. Acute violations. Compliance must be based on consecutive daily samples collected by the system under subparagraph (2)(A)2.A. of this rule. If any daily sample taken at the entrance to the distribution system exceeds the MRDL, and on the following day one (1) (or more) of the three (3) samples taken in the distribution system exceed the MRDL, the system is in violation of the MRDL and must take immediate corrective action to lower the level of chlorine dioxide below the MRDL and must notify the public pursuant to the procedures for acute health risks in 10 CSR 60-8.010(2), in addition to CSR 60-7.010. Failure to take samples in the distribution system the day following an exceedance of the chlorine dioxide MRDL at the entrance to the distribution system will also be considered an MRDL violation and the system must notify the public of the violation in accordance with the provisions for acute violations under 10 CSR 60-8.010(2), in addition to reporting to the department pursuant to 10 CSR 60-7.010.

B. Nonacute violations. Compliance must be based on consecutive daily samples collected by the system in compliance with (I) If any two (2) consecutive daily samples taken at the entrance to the distribution system detect chlorine dioxide, the system must take corrective action to lower the chlorine dioxide level.

(II) If any two (2) consecutive daily samples taken at the entrance to the distribution system exceed the MRDL and all distribution system samples taken are below the 58CODE OF STATE REGULATIONS MRDL, the system is in violation of the MRDL and must take corrective action to lower the level of chlorine dioxide below the MRDL at the point of sampling and notify the public pursuant to the procedures for nonacute health risks in 10 CSR 60-8.010(3), in addition to reporting to the department pursuant to 10 CSR 60-7.010. Failure to monitor at the entrance to the distribution system the day following an exceedance of the chlorine dioxide MRDL at the entrance to the distribution system is also an MRDL violation and the system must notify the public of the violation in accordance with the provisions for nonacute violations in 10 CSR 60- 8.010(3), in addition to reporting to the department pursuant to 10 CSR 60-7.010.

(C) Disinfection Byproduct Precursors (DBPP).

1. Systems using surface water or surface water and using conventional filtration treatment must operate with enhanced coagulation or enhanced softening to achieve the TOC percent removal levels specified in this rule unless the system meets at least one (1) of the alternative compliance criteria listed here. These systems must still comply with monitoring and compliance requirements of this rule. The alternative compliance criteria for enhanced coagulation and enhanced softening are:

A. The system’s source water TOC 5.010, is less than 2.0 mg/L, calculated quarterly as a running annual average;

B. The system’s treated water TOC 5.010, is less than 2.0 mg/L, calculated quarterly as a running annual average;

C. The system’s source water TOC 5.010, is less than 4.0 mg/L, calculated quarterly as a running annual average; the source water alkalinity, measured according to 10 CSR 60-5.010, is greater than sixty (60) mg/L (as CaCO ), calculated quarterly as a running annual average; and either the TTHM and HAA5 running annual averages are no greater than 0.040 mg/L and 0.030 mg/L, respectively; or prior to the effective date for compliance with this rule, the system has made a clear and irrevocable financial commitment not later than the effective date for compliance with this rule to use technologies that will limit the levels of TTHMs and HAA5 to no more than 0.040 mg/L and 0.030 mg/L, respectively. Systems must submit evidence of a clear and irrevocable financial commitment, in addition to a schedule containing milestones and periodic progress reports for installation and operation of appropriate technologies, to the department for approval not later than the effective date for compliance with this rule. These technologies must be installed and operating not later than June 30, 2005. Failure to install and operate these technologies by the date in the approved schedule will constitute a violation;

D. The TTHM and HAA5 running annual averages are no greater than 0.040 mg/L and 0.030 mg/L, respectively, and the system uses only chlorine for primary disinfection and maintenance of a residual in the distribution system;

E. The system’s source water SUVA, prior to any treatment and measured monthly according to 10 CSR 60-5.010, is less than or equal to 2.0 L/mg-m, calculated quarterly as a running annual average. SUVA refers to Specific Ultraviolet Absorption at two hundred fifty-four nanometers (254 nm), an indicator of the humic content of water. It is a calculated parameter obtained by dividing a sample’s ultraviolet absorption at a wavelength of 254 nm (UV ) (in m =1 ) by its concentration of dissolved organic carbon (DOC)

(in mg/L); and F. The system’s finished water SUVA, measured monthly according to 10 CSR 60- 5.010, is less than or equal to 2.0 L/mg-m, calculated quarterly as a running annual average.

2. Additional alternative compliance criteria for softening systems. Systems practicing enhanced softening that cannot achieve the Step 1 TOC removals may use the alternative compliance criteria listed here in lieu of complying with paragraph (3)(C)3. of this

rule. Systems must still comply with monitoring and compliance requirements of this A. Softening that results in lowering the treated water alkalinity to less than sixty (60) mg/L (as CaCO ), measured monthly according to 10 CSR 60-5.010 and calculated quarterly as a running annual average.

B. Softening that results in removing at least ten (10) mg/L of magnesium hardness (as CaCO ), measured monthly according to

##### **10 CSR 60-5.010** and calculated quarterly as an annual running average. {#sec-10-csr-60-5.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-5.010}

3. Enhanced coagulation and enhanced softening performance requirements.

A. Systems must achieve the percent reduction of TOC specified in Table 1 between the source water and the combined filter effluent, unless the department approves a system’s request for alternate minimum TOC removal (Step 2) requirements.

Systems may begin monitoring to determine whether Step 1 TOC removals can be met twelve (12) months prior to the compliance date for the system. This monitoring is not required and failure to monitor during this period is not a violation. However, any system that does not monitor during this period, and then determines in the first twelve (12) months after the compliance date that it is not able to meet the Step 1 requirements and must therefore apply for alternate minimum TOC removal (Step 2) requirements, is not eligible for retroactive approval of alternate minimum TOC removal (Step 2) requirements and is in violation. Systems may apply for alternate minimum TOC removal (Step 2) requirements any time after the compliance date. For systems required to meet Step 1 TOC removals, if the value calculated under

part (3)(C)4.A.(IV) of this rule is less than 1.00, the system is in violation of the treatment technique requirements and must notify the public pursuant to 10 CSR 60-8.010 in addition to reporting to the department pursuant to 10 CSR 60-7.010.

B. Required Step 1 TOC reductions, indicated in the following table, are based upon specified source water parameters measured in accordance with 10 CSR 60-5.010.

Systems practicing softening are required to meet the Step 1 TOC reductions in the far right column (Source water alkalinity >120 mg/L) for the specified source water TOC.

Systems meeting at least one (1) of the conditions in paragraph (3)(C)1. of this rule are not required to operate with enhanced coagu- Softening systems meeting one (1) of the alternative compliance criteria in paragraph (3)(C)1. of this rule are not required to operate with enhanced softening.

Systems practicing softening must meet the TOC removal requirements in this column.

C. Conventional treatment systems using surface water or ground water under the direct influence of surface water that cannot achieve the Step 1 TOC removals due to water quality parameters or operational constraints must apply to the department, within three (3) months of failure to achieve the Step 1 TOC removals, for approval of alternative minimum TOC removal (Step 2) requirements submitted by the system. If the department approves the alternative minimum TOC removal (Step 2) requirements, the department may make those requirements retroac tive for the purposes of 7DEOH5HTXLUHG6WHS72&5HGXFWLRQ   6WHS5HTXLUHG5HPRYDORI72&E\(QKDQFHG&RDJXODWLRQDQG (QKDQFHG6RIWHQLQJIRU6XUIDFH:DWHUDQG*:8',6:6\VWHPV 8VLQJ&RQYHQWLRQDO7UHDWPHQW   6RXUFHZDWHU72&PJ/ 6RXUFHZDWHUDONDOLQLW\PJ/DV&D&2 ±!± ! !± !± !          determining compliance. Until the department approves the alternate minimum TOC removal (Step 2) requirements, the system must meet the Step 1 TOC removals.

D. Alternate minimum TOC removal (Step 2) requirements. Applications made to the department by enhanced coagulation systems for approval of alternative minimum TOC removal (Step 2) requirements under subparagraph (3)(C)3.C. of this rule must include, as a minimum, results of bench- or pilot-scale testing conducted under this subparagraph (3)(C)3.D. and used to determine the alternate enhanced coagulation level.

(I) Alternate enhanced coagulation level is defined as coagulation at a coagulant dose and pH as determined by the method described here such that an incremental addition of ten (10) mg/L of alum (or equivalent amount of ferric salt) results in a TOC removal of less than or equal to 0.3 mg/L.

The percent removal of TOC at this point on the “TOC removal versus coagulant dose” curve is then defined as the minimum TOC removal required for the system. Once approved by the department, this minimum requirement supersedes the minimum TOC removal required by Table 1 of this rule. This requirement will be effective until such time as the department approves a new value based on the results of a new bench- and pilot-scale test. Failure to achieve department-set alternative minimum TOC removal levels is a vio- (II) Bench- or pilot-scale testing of enhanced coagulation must be conducted by using representative water samples and adding 10 mg/L increments of alum (or equivalent amounts of ferric salt) until the pH is reduced to a level less than or equal to the enhanced coagulation Step 2 target pH shown in Table 2.

(III) For waters with alkalinities of less than sixty (60) mg/L for which addition of small amounts of alum or equivalent addition of iron coagulant drives the pH below 5.5 before significant TOC removal occurs, the system must add necessary chemicals to maintain the pH between 5.3 and 5.7 in samples until the TOC removal of 0.3 mg/L per 10 mg/L alum added (or equivalent addition of iron coagulant) is reached.

(IV) The system may operate at any coagulant dose or pH necessary (consistent with other regulatory requirements) to achieve the minimum TOC percent removal approved under subparagraph (3)(C)3.C. of (V) If the TOC removal is consistently less than 0.3 mg/L of TOC per 10 mg/L of incremental alum dose at all dosages of alum (or equivalent addition of iron coagulant), the water is deemed to contain TOC not amenable to enhanced coagulation. The system may then apply to the department for a waiver of enhanced coagulation require- 4. Compliance calculations.

A. Systems using surface water or surface water, other than those identified in paragraphs (3)(C)1. or (3)(C)2. of this rule, must comply with requirements contained in subparagraphs (3)(C)3.B. or (3)(C)3.C. of this rule. Systems must calculate compliance quarterly, beginning after the system has collected twelve (12) months of data, by determining an annual average using the following method:

(I) Determine actual monthly TOC percent removal, equal to: (1 – (treated water TOC/source water TOC)) × 100;

(II) Determine the required monthly TOC percent removal;

(III) Divide the value in part (3)(C)4.A.(I) by the value in part (3)(C)4.A.(II); and (IV) Add together the results of

part (3)(C)4.A.(III) for the last twelve (12) months and divide by twelve (12). If the value calculated is less than 1.00, the system is not in compliance with the TOC percent removal requirements.

B. Systems may use the following provisions in lieu of the calculations in subparagraph (3)(C)4.A. of this rule to determine compliance with TOC percent removal requirements:

(I) In any month that the system’s treated or source water TOC level, measured according to 10 CSR 60-5.010, is less than 2.0 mg/L, the system may assign a monthly value of 1.0 (in lieu of the value calculated in

part (3)(C)4.A.(III) of this rule);

(II) In any month that a system practicing softening removes at least 10 mg/L of magnesium hardness (as CaCO ), the system may assign a monthly value of 1.0 (in (3)(C)4.A.(III) of this rule);

(III) In any month that the system’s source water SUVA, prior to any treatment and measured according to 10 CSR 60-5.010, is less than or equal to 2.0 L/mg-m, the system may assign a monthly value of 1.0 (in (3)(C)4.A.(III) of this rule);

(IV) In any month that the system’s finished water SUVA, measured according to 10 CSR 60-5.010, is less than or equal to 2.0 L/mg-m, the system may assign a monthly value of 1.0 (in lieu of the value calculated in

part (3)(C)4.A.(III) of this rule); and (V) In any month that a system practicing enhanced softening lowers alkalinity below sixty (60) mg/L (as CaCO ), the system may assign a monthly value of 1.0 (in (3)(C)4.A.(III) of this rule).

C. Systems using conventional treatment and surface water or ground water may also comply with the requirements of this rule by meeting the criteria in paragraphs (3)(C)1. or (3)(C)2. of this rule.

(D) Disinfection Byproducts.

1. Bromate. Compliance must be based on a running annual arithmetic average, computed quarterly, of monthly samples (or, for months in which the system takes more than one sample, the average of all samples taken during the month) collected by the system as prescribed by paragraph (2)(A)4. of this rule.

If the average of samples covering any consecutive four-quarter period exceeds the MCL, the system is in violation of the MCL and must notify the public pursuant to 10 CSR 60-8.010, in addition to reporting to the department pursuant to 10 CSR 60-7.010. If a PWS fails to complete twelve (12) consecutive months’ monitoring, compliance with the MCL for the last four (4)-quarter compliance period must be based on an average of the available data.

2. Chlorite. Compliance must be based on an arithmetic average of each three (3) sample set taken in the distribution system as prescribed by item (2)(A)3.C.(II) and subparagraph (2)(A)3.B. of this rule. If the arithmetic average of any three (3) sample set exceeds the MCL, the system is in violation of the MCL and must notify the public pursuant to 10 CSR 60-8.010, in addition to CSR 60-7.010.

3. Total Trihalomethane (TTHM) and Haloacetic Acid (HAA).

A. Stage 2 Disinfectants/Disinfection Byproducts—Locational Running Annual Average (LRAA) Compliance. The MCLs of 0.080 mg/L for TTHM and 0.060 mg/L for HAA5 must be complied with as a locational running annual average at each monitoring location.

B. If the system is required to conduct quarterly monitoring, the system must make 60CODE OF STATE REGULATIONS 7DEOH(QKDQFHG&RDJXODWLRQ 6WHS7DUJHWS+ $ONDOLQLW\ PJ/DV&D&2 7DUJHWS+  ! ! !     compliance calculations at the end of the fourth calendar quarter that follows the compliance date and at the end of each subsequent quarter (or earlier if the LRAA calculated based on fewer than four (4) quarters of data would cause the MCL to be exceeded regardless of the monitoring results of subsequent quarters). If the system is required to conduct monitoring at a frequency that is less than quarterly, the system must make compliance calculations beginning with the first compliance sample taken after the compliance date.

C. The department may determine that the combined distribution system does not include certain consecutive systems based on factors such as receiving water from a wholesale system only on an emergency basis or receiving only a small percentage and small volume of water from a wholesale system. The department may also determine that the combined distribution system does not include certain wholesale systems based on factors such as delivering water to a consecutive system only on an emergency basis or delivering only a small percentage and small volume of water to a consecutive system.

(E) Operational Evaluation Levels.

1. The system has exceeded the operational evaluation level at any monitoring location where the sum of the two (2) previous quarters of TTHM results plus twice the current quarter’s TTHM result, divided by four (4) to determine an average, exceeds 0.080 mg/L, or where the sum of the two (2) previous quarters of HAA5 results plus twice the current quarter’s HAA5 result, divided by four (4) to determine an average, exceeds 0.060 mg/L.

2. If Operational Evaluation Levels are Exceeded.

A. If the system exceeds the operational evaluation level, the system must conduct an operational evaluation and submit a written report of the evaluation to the department no later than ninety (90) days after being notified of the analytical result that causes the system to exceed the operational evaluation level. The written report must be made available to the public upon request.

B. The system’s operational evaluation must include an examination of system treatment and distribution operational practices, including storage tank operations, excess storage capacity, distribution system flushing, changes in sources or source water quality, and treatment changes or problems that may contribute to TTHM and HAA5 formation and what steps could be considered to minimize future exceedences.

(I) The system may request and the department may allow a limit to the scope of the evaluation if the system is able to identify the cause of the operational evaluation level exceedance.

(II) The system’s request to limit the scope of the evaluation does not extend the schedule in subparagraph (3)(E)2.A. of this rule for submitting the written report.

The department must approve this limited scope of evaluation in writing, and the system must keep that approval with the completed report.

(F) Stage 2 D/DBP Reporting and Record- Keeping Requirements.

1. Reporting requirements are found in 10 CSR 60-7.010, Reporting Requirements.

2. Record-keeping requirements are found in 10 CSR 60-9.010, Requirements for Maintaining Public Water System Records.

Original rule filed Feb. 27, 2009, effective Oct. 30, 2009. Amended: Filed June 13,

##### **10 CSR 60-4.100** Maximum Volatile Organic Chemical Contaminant Levels and Monitoring Requirements ments for volatile organic chemicals. {#sec-10-csr-60-4.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-4.100}

(1) This rule applies to community and nontransient noncommunity public water sys- (2) The following are the maximum contaminant levels (MCLs) for volatile organic chemicals (VOCs).

Milligrams ContaminantPer Liter (A) Eight (8) original VOCs 1. Benzene0.005 2. Carbon tetrachloride 0.005 3. 1,2-dichloroethane0.005 4. 1,1-dichloroethylene 0.007 5. para-dichlorobenzene 0.075 6. 1,1,1-trichloroethane 0.2 7. Trichloroethylene0.005 8. Vinyl chloride 0.002 Milligrams ContaminantPer Liter (B) Thirteen (13) VOCs 1. cis-1,2-dichloroethylene 0.07 2. Dichloromethane 0.005 3. 1,2-dichloropropane 0.005 4. Ethylbenzene0.7 5. Monochlorobenzene 0.1 6. o-dichlorobenzene0.6 7. Styrene0.1 8. Tetrachloroethylene0.005 9. Toluene1 10. 1,2,4-Trichlorobenzene 0.07 11. 1,1,2-Trichloroethane 0.005 12. trans-1,2dichloroethylene0.1 13. Xylenes (total)10 (3) For the purpose of determining compliance with MCLs, a supplier of water must collect samples of the product water for analyses as follows:

(A) During the initial three (3)-year compliance, all community and nontransient noncommunity water systems must collect an initial round of four (4) consecutive quarterly samples for each of the contaminants listed in

section (2) unless a waiver has been granted by the department. The department will designate the year in which each system samples within this compliance period;

(B) All public water systems shall sample at points in the distribution system representative of each water source or at each entry point to the distribution system. Each sample must be taken at the same sampling point, unless conditions make another sampling point more representative of each source or treatment plant. The sampling point will be after the application of treatment, if any;

(C) If the system draws water from more conditions;

(D) The department may require more frequent monitoring than specified in subsection (3)(A) of this rule and may require confirmation samples for positive and negative results at its discretion; and (E) If one (1) sampling point is in violation of an MCL, the system is in violation of the 1. For systems monitoring more than each sampling point.

2. Systems monitoring annually or less frequently whose sample result exceeds the MCL must begin quarterly sampling. The system will not be considered in violation of the MCL until it has completed one (1) year of quarterly sampling.

3. If any sample result will cause the running annual average to exceed the MCL at any sampling point, the system is out of compliance with the MCL immediately.

4. If a system fails to collect the required number of samples, compliance will be based 5. If a sample result is less than the detection limit, zero will be used to calculate the annual average.

(4) If contaminants are not detected during the first three (3)-year compliance period, systems may decrease their sampling frequency beginning in the next year.

(A) Groundwater systems must sample annually. After three (3) years of annual sampling and no previous detection, groundwater systems may reduce their sampling frequency to one (1) sample per compliance period.

(B) Surface water systems must sample annually after the initial sampling period if there are no contaminants detected in the initial sampling.

(5) If contaminants are detected in any sample, then systems must sample quarterly beginning in the next quarter at each sampling point which resulted in a detection.

(A) Groundwater systems must sample a minimum of two (2) quarters and surface water systems must sample a minimum of four (4) quarters to establish a baseline.

(B) If the MCL is exceeded, as described in subsection (5)(E) or (F) of this rule, then systems must sample quarterly beginning in the next quarter. Systems must sample a minimum of four (4) quarters to establish a baseline.

(C) If the baseline indicates a system’s analytical results are reliably and consistently below the MCL, the department may reduce the system’s sampling frequency to annually.

(Annual sampling must be conducted during the quarter which previously yielded the highest analytical result.)

(D) Systems which have three (3) consecutive annual samples with no detection of a contaminant may apply to the department for a waiver.

(E) If a system conducts sampling more frequently than annually, the system will be in violation when the running annual average at any sampling point exceeds the MCL.

(F) If a system conducts sampling annually or on a less frequent basis, the system will be in violation when one (1) sample (or the average of the initial and confirmation samples) at any sampling point exceeds the MCL.

(6) A public water system may apply to the department for susceptibility waivers from required sampling. Systems are eligible for reduced monitoring in the initial three (3)year compliance period. Waivers are effective for two (2) compliance periods. The waiver must be renewed in subsequent compliance periods, or the system must conduct sampling as required by section (3) of this rule. A public water system may apply to the department for susceptibility waivers for reduced monitoring contingent on the conduct of a thorough vulnerability assessment as required by 10 CSR 60-6.060(3).

(A) As a condition of the susceptibility waiver, a groundwater system must take one (1) sample at each sampling point during the time the waiver is effective (that is, one (1) sample during two (2) compliance periods or six (6) years) and update its vulnerability assessment by the end of the first compliance period. The department must confirm that the system is not vulnerable.

(B) Surface water systems must sample at a frequency determined by the department. A vulnerability assessment according to 10 CSR 60-6.060(3) must be required in subsequent compliance periods in order for the system to return to its nonvulnerable status.

(C) For the purposes of this section, detection is defined as greater than 0.0005 mg/L.

(7) As determined by the department, confirmation samples may be required for either positive or negative results. If a confirmation sample is used, the compliance determination is based on the average of the results of both the confirmation sample and the initial sample.

(8) All new systems or systems that use a new source of water that begin operation after January 22, 2004 must demonstrate compliance with the MCL or treatment technique within a period of time specified by the department. The system must also comply with the initial sampling frequencies specified by the department to ensure a system can demonstrate compliance with the MCL or treatment technique. Routine and increased accordance with the requirements in this rule.

Original rule filed June 2, 1988, effective Aug. 31, 1988. Rescinded and readopted:

Filed March 31, 1992, effective Dec. 3, 1992.

Amended: Filed May 4, 1993, effective Jan. 13, 1994. Amended: Filed Feb. 1, 1996, effective Oct. 30, 1996. Amended: Filed March 17, 2003, effective Nov. 30, 2003.

Amended: Filed June 13, 2018, effective Feb. 28, 2019.

##### **10 CSR 60-4.110** Special Monitoring for Unregulated Chemicals {#sec-10-csr-60-4.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-4.110}

Original rule filed June 2, 1988, effective Aug. 31, 1988. Rescinded and readopted:

Filed March 31, 1992, effective Dec. 3, 1992.

Amended: Filed May 4, 1993, effective Jan. 13, 1994. Amended: Filed Feb. 1, 1996, effective Oct. 30, 1996. Rescinded: Filed Dec. 29, 2017, effective Sept. 30, 2018.

62CODE OF STATE REGULATIONS

**History**
- *AUTHORITY: section 640.100, RSMo 1994.*

### **Chapter 5** Laboratory and Analytical Requirements

##### **10 CSR 60-5.010** Acceptable and Alternate Procedures for Analysis {#sec-10-csr-60-5.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-5.010}

PURPOSE: This rule lists manuals containing acceptable analysis procedures for determination of contaminant levels.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive.

This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) Inorganic and Secondary Contaminants.

Unless substitute methods are approved by the U.S. Environmental Protection Agency (EPA), analysis shall be conducted in accordance with the inorganic and secondary contaminant analytical methods in paragraphs 40 CFR 141.23(k)(l) and 40 CFR 143.4(b) of the which are incorporated by reference in this

rule. This does not include later amendments or additions. The Code of Federal Regulations as published by the U.S. Government Publishing Office available at http://bookstore.gpo.gov/ or for mail orders, print and fill out the order form online and mail to U.S.

Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000.

(2) Organic Contaminants. Unless substitute methods are approved by the EPA, analysis shall be conducted in accordance with the organic contaminant analytical methods in paragraph 40 CFR 141.24(e) of the July 1, (3) Microbiological Contaminants and Turbidity. Unless substitute methods are approved by EPA, analysis shall be conducted in accordance with the microbiological contaminant and turbidity analytical methods in 40 CFR 141.21(f), 40 CFR 141.74(a)(1), 40 CFR 141.704(a), and 40 CFR 141.852 of the which is incorporated by reference in this rule.

This does not include later amendments or additions. The Code of Federal Regulations as (4) Radiological Contaminants. Unless substitute methods are approved by the EPA, analysis shall be conducted in accordance with the radiological contaminant analytical methods in paragraphs 40 CFR 141.25(a) and (b) of the which is incorporated by reference in this rule.

This does not include later amendments or additions. The Code of Federal Regulations as (5) Disinfection Byproducts, Residual Disinfectant Concentrations, and Disinfection Byproduct Precursors. Unless substitute methods are approved by the EPA, analysis shall be conducted in accordance with the disinfection byproduct, residual disinfectant concentration, and disinfection byproduct precursor analytical methods in 40 CFR 141.74(a)(2) and 40 CFR 141.131 of the July 1, 2021, Code of Federal Regulations, which is incorporated by reference in this rule. This does not include later amendments or additions. The Code of (6) Sample collection for the contaminants referenced in this rule must be conducted using the sample preservation, container, and maximum holding time procedures specified in the following procedures, which are incorporated by reference, or in accordance with procedures contained in the appropriate analytical method. The incorporation by reference does not include later amendments or additions.

The Code of Federal Regulations as published by the U.S. Government Publishing Office available at http://bookstore.gpo.gov/ or for mail orders, print and fill out the order form online and mail to U.S. Government (A) Inorganic contaminant sample collection procedures in 40 CFR 141.23(k)(2) of the July 1, 2021, Code of Federal Regulations are incorporated by reference.

(7) The department may reduce the total number of samples a system must analyze by allowing the use of compositing. Compositing shall be conducted according to the following procedures, which are incorporated by reference. The incorporation by reference does not include later amendments or additions. The Code of Federal Regulations as published by the U.S. Government Publishing Office available at http://bookstore.gpo.gov/ or for mail orders, print and fill out the order form online and mail to U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000.

(A) Sample compositing procedures for inorganic contaminants in 40 CFR 141.23(a)(4) of the July 1, 2021, Code of (B) Sample compositing procedures for volatile organic contaminants in 40 CFR 141.24(f)(14) of the July 1, 2021, Code of (C) Sample compositing procedures for synthetic organic contaminants in 40 CFR 141.24(h)(10) of the July 1, 2021, Code of (D) Sample compositing procedures for radiological contaminants in 40 CFR 141.26(a)(4) of the July 1, 2021, Code of (E) Sample compositing procedures for lead and copper in 40 CFR 141.88(a)(1)(iv) of the July 1, 2021, Code of Federal Regulations are incorporated by reference.

(8) Detection Limits.

(A) Detection limits for inorganic contaminants in 40 CFR 141.23(a)(4)(i) of the July 1, (B) Practical Quantitation Levels (PQL) for lead and copper in 40 CFR 141.89(a)(1)(ii)(A) and (B) of the July 1, 2021, Code of Federal Regulations, which is incorporated by reference in this rule. This does not include later amendments or additions. The Code of (C) Detection limit for volatile organic contaminants in 40 CFR 141.24(f)(7) of the July 1, 2021, Code of Federal Regulations, which is incorporated by reference in this rule. This (D) Detection limits for synthetic organic contaminants in 40 CFR 141.24(h)(13)(ii) and 141.24(h)(18) of the July 1, 2021, Code of Federal Regulations, which is incorporated by reference in this rule. This does not include later amendments or additions. The Code of (E) Detection limits for radiological contaminants in 40 CFR 141.25(c) of the July 1, (F) Detection limits for disinfection byproducts in 40 CFR 141.64 of the July 1, 2021, Code of Federal Regulations, which is incorporated by reference in this rule. This does not include later amendments or additions. The Code of Federal Regulations as published by the U.S. Government Publishing Office available at http://bookstore.gpo.gov/ or for mail orders, print and fill out the order form online and mail to U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000.

(9) Analytical Methods for Source Water Monitoring. Unless substitute methods are approved by the department, analysis shall be conducted in accordance with the analytical methods in 40 CFR 141.402(c) of the July 1,

Amended: Filed April 14, 1981, effective Oct. 11, 1981. Amended: Filed June 2, 1988, effective Aug. 31, 1988. Rescinded and readopted: Filed Dec. 4, 1990, effective July 8, 1991. Rescinded and readopted: Filed March 31, 1992, effective Dec. 3, 1992. Amended:

Filed Aug. 4, 1992, effective May 6, 1993.

Amended: Filed May 4, 1993, effective Jan. 13, 1994. Amended: Filed Feb. 1, 1996, effective Oct. 30, 1996. Amended: Filed July 1, 1999, effective March 30, 2000. Amended:

Filed Dec. 15, 1999, effective Sept. 30, 2000.

Amended: Filed April 15, 2003, effective Jan. 30, 2004. Amended: Filed Feb. 17, 2004, effective Nov. 30, 2004. Amended: Filed Feb. 27, 2009, effective Oct. 30, 2009. Amended:

Filed April 14, 2010, effective Dec. 30, 2010.

Amended: Filed Oct. 17, 2011, effective May 30, 2012. Amended: Filed Aug. 12, 2015, effective March 30, 2016. Amended: Filed April 29, 2021, effective Dec. 30, 2021. *Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999, 2002, 2006, 2012, 2014, and 640.125, RSMo 1978, amended 1998.

**History**
- *AUTHORITY: sections 640.100 and 640.125.1., RSMo 2016. Original rule filed May 4, 1979, effective Sept. 14, 1979.*

##### **10 CSR 60-5.020** Laboratory Certification {#sec-10-csr-60-5.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-5.020}

PURPOSE: This rule establishes that required analyses must be done by laboratories certified by the department.

(1) For the purpose of determining compliance with this chapter, analytical results will be acceptable only if the samples have been analyzed by a laboratory certified by the department.

(A) Any laboratory seeking certification from the department for chemical or bacteriological analyses shall— 1. Submit a completed application, in a format provided by the department, with the applicable fee(s) pursuant to 10 CSR 60- 16.020;

2. Successfully pass a certification audit conducted by the department or the Department of Health and Senior Services; and 3. Demonstrate proficiency pursuant to the requirements of this rule through the analysis of performance evaluation samples.

(B) Any laboratory seeking certification for chemical or bacteriological analyses by reciprocity shall— 1. Submit a completed application, in a format provided by the department, with the applicable certification fee pursuant to 10 CSR 60-16.020. An audit fee is not required if the audit is not performed by the department or the Department of Health and Senior Services;

2. Submit a copy of the successful audit from the appropriate certifying authority granting the certification and a copy of the certificate with the valid expiration date; and 3. Demonstrate proficiency pursuant to the requirements of this rule through the analysis of performance evaluation samples.

(C) Certification will be issued for a period of three (3) years.

(2) To receive approval to conduct analyses for antimony, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, nitrate, nitrite, selenium, and thallium the laboratory must— (A) Analyze performance evaluation samwhich the laboratory seeks certification; and (B) Achieve quantitative results on the analyses that are within the following acceptance limits:

Acceptance ContaminantLimit Antimony ±30% at ≥0.006 mg/l Asbestos 2 standard deviations based on study statistics Barium±15% at ≥0.15 mg/l Beryllium±15% at ≥0.001 mg/l Cadmium±20% at ≥0.002 mg/l Chromium ±15% at ≥0.01 mg/l Copper±10% at ≥0.50 mg/l Fluoride ±10% at ≥ to 10 mg/l Lead ±30% at ≥0.005 mg/l Mercury±30% at ≥0.0005 mg/l Nickel±15% at ≥0.01 mg/l Nitrate±10% at ≥0.4 mg/l Nitrite±15% at ≥0.4 mg/l Selenium ±20% at ≥ 0.01 mg/l Thallium ±30% at ≥ 0.002 mg/l (11/30/21) JOHN R. ASHCROFT (3) To receive certification to conduct analyses for the contaminants in 10 CSR 60- 4.100(2)(A)1.-8. and (B)1.-13., the laboratory must— (A) Analyze performance evaluation sam- (B) Achieve the quantitative acceptance limits in subsections (3)(C) and (D) of this

rule for at least eighty percent (80%) of the regulated organic chemicals listed in 10 CSR 60-4.100(2)(A)1.-8. and (B)1.-13.;

(C) Achieve the quantitative results on the analyses performed under subsection (3)(A) of this rule that are within plus or minus twenty percent (±20%) of the actual amount of the substances in the performance evaluation sample when the actual amount is greater than or equal to 0.010 mg/l;

(D) Achieve quantitative results on the analyses performed under subsection (3)(A) of this rule that are within plus or minus forty percent (±40%) of the actual amount of the substances in the performance evaluation sample when the actual amount is less than 0.010 mg/l; and (E) Achieve a method detection limit of 0.0005 mg/l.

(4) To receive certification for vinyl chloride, the laboratory must— (A) Analyze performance evaluation sam- (B) Achieve quantitative results on the analyses performed under subsection (4)(A) of this rule that are within plus or minus forty percent (±40%) of the actual amount of vinyl chloride in the performance evaluation sample;

(C) Achieve a method detection limit of 0.0005 mg/l; and (D) Obtain certification for the contaminants listed in 10 CSR 60-4.100(2)(A)1.-8. and (B)1.-13.

(5) To receive certification to conduct analyses for the contaminants in 10 CSR 60- 4.040(1), the laboratory must— (A) Analyze performance evaluation samwhich the laboratory seeks certification; and (B) Achieve quantitative results on the analyses that are within the following acceptance limits:

Acceptance ContaminantLimit (percent) 2,3,7,8-TCDD (Dioxin)2 standard 2,4-D±50 2,4,5-TP ±50 Alachlor ±45 Atrazine ±45 Benzo(a)pyrene 2 standard Carbofuran ±45 Chlordane ±45 Dalapon2 standard Dibromochloropropane ±40 Di(2-ethylhexyl)adipate 2 standard Di(2-ethylhexyl)phthalate 2 standard Dinoseb2 standard Diquat2 standard Endothall 2 standard Endrin±45 Ethylene dibromide ±40 Glyphosate 2 standard Heptachlor ±45 Heptachlor epoxide ±45 Hexachlorobenzene2 standard Hexachlorocyclopentadiene 2 standard Lindane±45 Methoxychlor±45 Oxamyl2 standard Polychlorinated biphenyls (PCBs) (as decachlorobiphenyl)0—200 Picloram 2 standard Simazine 2 standard Toxaphene±45 Pentachlorophenol±50 (6) To receive approval to conduct analyses for copper and lead, the laboratory must— (A) Analyze performance evaluation sam- (B) Achieve quantitative acceptance limits for copper plus or minus ten percent (±10%) of the actual amount in the performance evaluation sample when the actual amount is greater than or equal to 0.050 mg/l; lead plus or minus thirty percent (±30%) of the actual amount in the performance evaluation sample when the actual amount is greater than or equal to 0.005 mg/l; and (C) Achieve a method detection limit of 0.001 mg/l.

(7) Analysis for disinfection byproducts must be conducted by laboratories that have received certification by the department except that a party approved by the department must measure daily chlorite samples at the entrance to the distribution system. To receive certification to conduct analyses for the TTHM, HAA5, bromate and chlorite, the laboratory must carry out annual analyses of performance evaluation (PE) samples approved by the department. In these analyses of PE samples, the laboratory must achieve quantitative results within the acceptance limit on a minimum of eighty percent (80%) of the analytes included in each PE sample.

The acceptance limit is defined as the ninetyfive percent (95%) confidence interval calculated around the mean of the PE study data between a maximum and minimum acceptance limit of plus or minus fifty percent (±50%) and plus or minus fifteen percent (±15%) of the study mean.

(8) Provisional Certification.

(A) The department may, at its discretion, issue provisional certification to a laboratory that does not meet the criteria for full certification but is able to demonstrate the ability to consistently produce valid data within the acceptance limits specified in 10 CSR 60-5.

(B) A provisionally certified laboratory may analyze drinking water samples for compliance purposes, if the laboratory notifies its clients of its downgraded status in writing, on all reports.

(C) A provisionally certified laboratory may submit a written request for full certification, which the department will grant upon demonstration to the department’s satisfaction that the deficiencies that resulted in the provisional certification have been corrected.

(9) Interim Certification.

(A) In the event the department or Department of Health and Senior Services cannot perform an onsite audit for any reason, the department may, at its discretion, issue interim certification until an onsite audit can be completed.

(B) Upon successful completion of the laboratory audit, the department will issue full certification to the laboratory.

(10) Denial or Revocation of Laboratory Certificate.

(A) The department may deny an application for certification, in part or in whole, if the applying laboratory is unqualified, cannot consistently produce valid data, has practiced fraud or deceit in applying for the certificate, or has willfully violated any provision of 10 CSR 60.

(B) The department may revoke the certificate(s) of a laboratory, in part or in whole, if the department determines the laboratory has practiced fraud or deceit in obtaining the certificate; exhibited gross negligence, malpractice, or incompetence; misled or lied to a government official regarding water sample analysis; participated in sample tampering or selective sampling; falsified sample results required by 10 CSR 60; or willfully violated 10 CSR 60.

(C) The department will issue a notice of denial or revocation in writing and delivered by hand or certified mail to the laboratory’s last known address. The notice shall state the reason(s) for denial or revocation and the effective date of the denial or revocation. Any laboratory whose certification is denied or revoked may appeal to the Administrative Hearing Commission pursuant to section 621.250, RSMo.

(D) A laboratory whose certificate was revoked may reapply for full certification by submitting a written request, which the department will grant upon demonstration to the department’s satisfaction that the deficiencies that resulted in the revocation have been corrected.

(E) The department will not grant certification by reciprocity during the time period a laboratory’s primary certification is revoked.

(11) Any laboratory whose certification is downgraded, denied, or revoked in whole or in part by the department may appeal to the Administrative Hearing Commission pursuant to section 621.250, RSMo.

(12) Notification of Major Changes. Certified laboratories shall notify the department in writing within thirty (30) days of major changes in personnel, equipment, or laboratory location. A major change in personnel occurs when the laboratory loses or replaces the laboratory supervisor, or when a trained and experienced analyst no longer is available to analyze a particular parameter for which certification has been granted.

(13) The department has the authority to allow the use of previously collected monitoring data for purposes of monitoring, if the data were collected and analyzed in accordance with the requirements of this rule.

(14) All lead levels measured between the Practical Quantification Level (PQL) and Method Detection Limit (MDL) must be either reported as measured or they can be reported as one-half (1/2) the PQL (0.0025 mg/l). All levels below the lead MDL must be reported as zero (0).

(15) All copper levels measured between the PQL and the MDL must be either reported as measured or they can be reported as one-half (1/2) the PQL (0.015 mg/l). All levels below the copper MDL must be reported as zero (0).

(16) Operational monitoring measurements required by 10 CSR 60-4.080(3) shall be performed on-site by persons acceptable to the department.

(17) The department will consider acceptance of analytical results from out-of-state laboratories upon written request.

Filed March 31, 1992, effective Dec. 3, 1992.

Amended: Filed Aug. 4, 1992, effective May 6, 1993. Amended: Filed May 4, 1993, effective Jan. 13, 1994. Amended: Filed Feb. 1, 1996, effective Oct. 30, 1996. Amended:

Filed Dec. 15, 1999, effective Sept. 1, 2000.

Amended: Filed April 29, 2021, effective Dec. 30, 2021. *Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999, 2002, 2006, 2012, 2014.

(11/30/21) JOHN R. ASHCROFT

**History**
- *AUTHORITY: section 640.100, RSMo 2016. Original rule filed May 4, 1979, effective Sept. 14, 1979. Rescinded and readopted:*

### **Chapter 6** Enforcement

##### **10 CSR 60-6.040** Public Hearings on Variance, Variance Schedules, Exemptions {#sec-10-csr-60-6.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-6.040}

##### **10 CSR 60-6.050** Procedures and Requirements for Abatement Orders NATURAL RESOURCES Commission {#sec-10-csr-60-6.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-6.050}

##### **10 CSR 60-6.010** Procedures and Requirements for Variances {#sec-10-csr-60-6.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-6.010}

PURPOSE: This rule sets forth procedures and requirements for requesting and granting variances for any size of public water system.

(1) Conditions of Variance. The department may grant one (1) or more variances to any public water system from any maximum contaminant level (MCL) requirement, except for those MCL violations that present an acute, short-term risk to public health, and any specified treatment technique.

(A) A variance from an MCL may be granted to a public water system upon a finding that, due to characteristics of raw water sources which are reasonably available, the system cannot meet the MCL requirement— 1. On the condition that the system installs the best available technology, treatment techniques or other means, which the department, taking cost into consideration, finds generally available and based upon an evaluation satisfactory to the department that indicates that alternative sources of water are not reasonably available to the system; and 2. The granting of a variance will not result in an unreasonable risk to persons served by the system.

(B) A variance from a specified treatment technique may be granted upon a finding that a public water system applying for this variance has demonstrated that the treatment technique is not necessary to protect persons served by the system because of the nature of the raw water source. A variance granted under this subsection (1)(B) shall be conditioned on such monitoring and other requirements as the department may prescribe.

(2) Variance Request. A supplier of water seeking a variance shall submit a written request to the department. Suppliers of water may submit a joint request for a variance when they seek similar variances under similar circumstances. Any written request for a variance shall include the following information:

(A) The nature and duration of the variance (B) Relevant analytical results of water quality sampling of the system including sampling of raw water relevant to the variance request;

(C) Full discussion with supporting data regarding the best available treatment technology and techniques including evidence of the inability of the system to comply;

(D) Economic and legal factors relevant to ability to comply;

(E) A proposed compliance schedule, including the date each step toward compliance will be achieved;

(F) The date by which the connection with an alternative water source or an improvement of an existing raw water source will be initiated;

(G) The date by which an arrangement for an alternative water source or improvement of an existing raw water source will be completed;

(H) The date by which final compliance is to be achieved;

(I) A plan for the provision of safe drinking water should there be an excessive rise in the contaminant level for which the variance is (J) A plan for interim control measures during the effective period of variance;

(K) Any request made under the provisions of this rule shall include, as a condition of the variance, a statement that the system will perform monitoring and other reasonable requirements prescribed by the department;

(L) Any other information the applicant believes to be pertinent; and (M) Other information as the department may require.

(3) Consideration of a Variance Request.

(A) In considering whether the public water system is unable to comply with a contaminant level requirement because of the nature of the raw water source, the department shall review factors it considers relevant, including the following:

1. The availability, effectiveness and reliability of treatment methods for the contaminant for which the variance is requested;

2. Cost and other economic considerations in implementing treatment, improving the quality of the source of water or using an alternate source;

3. Characteristics of the raw water source(s);

4. Availability of an alternative water source; and 5. Risk to health.

(B) In considering whether the public water system should be granted a variance to a required treatment technique because the treatment is unnecessary to protect the public, the department shall consider the following factors:

1. Quality of the water source including water quality data and pertinent sources of pollution; and 2. Susceptibility of the source to contamination and the source protection measures employed by the public water system.

(4) Disposition of a Request for Variance.

(A) If the department determines that a request for a variance is inadequate or incomplete, it may deny the request.

(B) If the department proposes to grant a variance request— 1. The department shall provide notice and opportunity for public hearing on the proposed variance as specified in 10 CSR 60- 6.040. The notice and hearing may cover more than one proposed variance;

2. The department shall notify the applicant of its decision in writing. The notice shall identify the variance, the facility covered and shall specify, as appropriate, the period of time for which the variance will be effective;

3. For a variance from an MCL, the notice also shall provide that the variance will be terminated when the system comes into compliance with the applicable rule and may be terminated upon a finding by the department that the system has failed to comply with any requirements of a final schedule issued pursuant to 10 CSR 60-6.030; and 4. For a variance from a specified treatment technique, the notice shall provide for termination of the variance at any time based upon a finding that— A. Due to the nature of a raw water source, the specified treatment technique required by the variance is necessary to protect persons; or B. The public water system has failed to comply with monitoring and other requirements prescribed by the department as a condition to the granting of the variance.

Amended: Filed June 2, 1988, effective Aug. 31, 1988. Amended: Filed Dec. 4, 1990, effective July 8, 1991. Amended: Filed Feb. 1, 1996, effective Oct. 30, 1996. Amended:

Filed July 1, 1999, effective March 30, 2000. *Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999; 640.120, RSMo 1978, amended 1989, 1992, 1998.

JOHNR. ASHCROFT(11/30/18)

##### **10 CSR 60-6.020** Procedures and Requirements for Exemptions {#sec-10-csr-60-6.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-6.020}

PURPOSE: This rule establishes requirements for requesting exemptions to maximum contaminant levels and treatment techniques.

(1) Conditions of Exemption. The department may exempt a public water system from any maximum contaminant level (MCL) requirement, except for those MCL violations that present an acute, short-term risk to public health, or any treatment technique requirement, or both, upon a finding that— (A) Due to compelling factors (which may include economic factors, including qualification of the public water system as a system serving a disadvantaged community), the public water system is unable to comply with the contaminant level or treatment technique requirement or to implement measures to develop an alternative source of water supply;

(B) The public water system was in operation on the effective date of the contaminant level or treatment technique requirement, or for a public water system that was not in operation by that date, no reasonable alternative source of drinking water is available to the system;

(C) The granting of the exemption will not result in an unreasonable risk to the health of persons served by the system; and (D) Management or restructuring changes (or both) cannot reasonably be made that will result in compliance with sections 640.100– 640.140, RSMo or rules promulgated thereunder, or if compliance cannot be achieved, improve the quality of the drinking water.

(2) Exemption Request. A supplier of water seeking an exemption shall submit a written request to the department. Suppliers of water may submit a joint request when they seek similar exemptions under similar circumstances. Any written request for an exemption shall include the following information:

(A) The nature and duration of exemption (B) Relevant analytical results of water quality sampling of the system;

(C) Explanation of the compelling factors, such as time or economic factors or lack of an alternative source of water, which prevent the system from achieving compliance;

(D) Consideration of management and restructuring changes, such as— 1. Rate increases, accounting changes, operator certification, and contractual agreements for joint operation with one (1) or more public water systems;

2. Activities to acquire and maintain technical, financial, and managerial capacity;

3. Ownership changes, physical consolidation with another public water system, or other feasible and appropriate means of consolidation which would result in compliance;

(E) Plans to seek state or federal financial assistance within the period of the exemption to implement management and restructuring changes, and capital improvements as necessary;

(F) A proposed compliance schedule including the date when each step toward compliance will be achieved;

(G) Any other information the applicant believes to be pertinent; and (H) Other information the department may require.

(3) Consideration of an Exemption Request.

In considering whether the public water system is unable to comply due to compelling factors, the department shall review the factors it determines relevant including the following:

(A) Construction, installation or modification of treatment equipment or systems;

(B) The time needed to put into operation a new treatment facility replacing an existing system which is not in compliance;

(C) Economic feasibility of compliance;

(D) Feasibility of management and restructuring changes, and the availability of state or federal financial assistance within the period of the exemption to implement these changes, including:

1. Rate increases, accounting changes, operator certification, and contractual agreements for joint operation with one (1) or more public water systems;

2. Activities to acquire and maintain technical, financial, and managerial capacity;

3. Ownership changes, physical consolidation with another public water system, or other feasible and appropriate means of consolidation which would result in compliance;

(E) Availability of an alternative source of water, including the feasibility of partnerships with neighboring public water systems, as identified by the public water system or by the department consistent with the Capacity Development Strategy.

(4) Disposition of Exemption Request.

(A) If the department proposes to grant an exemption request submitted pursuant to sections (1)–(3) of this rule, it shall notify the applicant of its decision in writing. The notice shall identify the exemption, the facility covered and shall specify, as appropriate, the termination date of the exemption.

(B) The notice also shall provide that the exemption will be terminated when the system comes into compliance with the applicable regulation and may be terminated upon a finding by the department that the system has failed to comply with any requirements of a final schedule issued pursuant to 10 CSR 60- 6.030.

(C) If the department determines that a request for an exemption is inadequate or incomplete, it may deny the request.

(D) No exemption shall be granted unless the public water system establishes that it is taking all practicable steps to meet the standard and— 1. The system cannot meet the standard without capital improvements which cannot be completed prior to two (2) years after the effective date of the rule;

2. In the case of a system which needs financial assistance for the necessary improvements, the system has entered into an agreement to obtain such financial assistance or assistance pursuant to 10 CSR 60-13, or any other federal or state program reasonably likely to be available within the period of the exemption; or 3. The system has entered into an enforceable agreement to become a part of a regional public water system.

Amended: Filed Dec. 4, 1990, effective July 8, 1991. Amended: Filed July 1, 1999, effective March 30, 2000. 1999; 640.120, RSMo 1978, amended 1989, 1992, 1998.

##### **10 CSR 60-6.030** Schedules for Variances and Exemptions {#sec-10-csr-60-6.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-6.030}

PURPOSE: This rule establishes schedules for compliance with conditions of general variances granted under 10 CSR 60-6.010 to any size public water system and exemptions granted under 10 CSR 60-6.020.

(1) Schedules for variances granted under 10 CSR 60-6.010.

(A) Compliance and Implementation. The department shall provide a schedule for— 1. Compliance (including increments of progress) by the public water system with each contaminant level requirement covered by the variance; and 4CODE OF STATE REGULATIONS (11/30/18) JOHNR. ASHCROFT 2. Implementation by the public water system of the control measures the department may require for each contaminant covered by the variance.

(B) Schedule for Compliance.

1. A proposed schedule for compliance shall contain the conditions as the department may prescribe and shall specify dates by which steps toward compliance are to be taken, including, where applicable:

A. The date by which arrangement for an alternative water source or improvement of existing raw water source will be completed;

B. The date of initiating the connection to an alternative water source or improving the existing raw water source; and C. The date by which final compliance is to be achieved.

2. Alternative for Compliance. The proposed schedule for compliance for a variance specified in this rule, if the public water system has no access to an alternative water source and can effect or anticipate no adequate improvement of the existing raw water source, may specify an indefinite time period for compliance until a new and effective treatment technology is developed. A new compliance schedule shall be prescribed by the department at that time.

(C) Public Hearing. Before the schedule may take effect, the department shall provide notice and opportunity for a public hearing on the schedule as specified in 10 CSR 60- 6.040. The notice and hearing may cover more than one schedule.

(D) Interim Measures. The proposed schedule for implementation of interim control measures during the period of the variance shall specify interim treatment techniques, methods, equipment and dates by which steps toward meeting the interim control measures are to be met.

(2) Schedules for Exemptions Granted Under 10 CSR 60-6.020.

(A) The department shall provide, at the time the exemption is granted, a schedule for— 1. Compliance (including increments of progress or measures to develop an alternative source of water supply) by the public water system with each contaminant level requirement or treatment technique requirement with respect to which the exemption was granted; and 2. Implementation by the public water system of the control measures the department may require for each contaminant covered by the exemption during the period ending on the date compliance with such requirement is required.

(B) Before the schedule may take effect, the department shall provide notice and opportunity for a public hearing on the schedule as specified in 10 CSR 60-6.040. The notice and hearing may cover more than one (1) schedule.

(C) Except as provided in subsection (2)(D), the schedule shall require compliance by the system with each contaminant level and treatment technique requirement with respect to which the exemption was granted as soon as practicable (as the department may reasonably determine) but not later than three (3) years after the compliance date otherwise applicable to the contaminant level or treatment technique requirement.

(D) In the case of a system which does not serve more than three thousand three hundred (3,300) persons and which needs financial assistance for the necessary improvements under the original compliance schedule, an exemption granted under 10 CSR 60- 6.020(4)(D)1. or 2. may be renewed for one (1) or more additional two (2)-year periods, but not to exceed a total of six (6) additional years, if the system establishes that it is taking all practicable steps to meet— 1. The requirements of 10 CSR 60- 6.020(4)(D)1.–3.; and 2. The established compliance schedule to achieve full compliance with the contaminant level or treatment technique for which the exemption was granted.

(E) Each exemption granted by the department under 10 CSR 60-6.020 shall be conditioned by the department upon compliance by the public water system with the schedule prescribed by the department pursuant to this subsection.

(F) Schedule for Compliance. A proposed schedule for compliance shall contain the conditions as the department may prescribe and shall specify dates by which steps toward compliance are to be taken, including, where applicable:

1. The date by which arrangement for an alternative water source or improvement of existing raw water source will be completed;

2. The date of initiating the connection to an alternative water source or improving the existing raw water source; and 3. The date by which final compliance is to be achieved.

Amended: Filed Aug. 4, 1987, effective Jan. 1, 1988. Amended: Filed Feb. 1, 1996, effective Oct 30, 1996. Amended: Filed July 1, 1999, effective March 30, 2000. 1999; 640.120, RSMo 1978, amended 1989, 1992, 1998.

##### **10 CSR 60-6.040** Public Hearings on Variance, Variance Schedules, Exemptions and Exemption Schedules {#sec-10-csr-60-6.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-6.040}

PURPOSE: This rule establishes requirements for public hearings on variances, exemptions, variance schedules and exemption schedules.

(1) Hearing Required. Before a variance, schedule proposed by the department as required by 10 CSR 60-6.010 and 10 CSR 60-6.020 may take effect, the department shall provide notice and opportunity for public hearing on the variance, variance schedule, exemption or exemption schedule. Any hearing held pursuant to this section shall be held in an area where distribution is made by the supplier of water requesting a variance or exemption. A notice given pursuant to this

section may cover the granting of more than one (1) variance, variance schedule, exemption or exemption schedule. A hearing held pursuant to the notice shall include each of the variances, variance schedules, exemptions or exemption schedules covered by the notice.

The notice shall include a summary of the proposed variance, variance schedule, exemption or exemption schedule as specified in the notice and that they also may request a public hearing on the proposed variance, schedule.

(2) Notice of Hearing Required. Public notice of an opportunity for hearing on a variance, schedule shall be circulated in a manner designed to inform interested and potentially interested persons of the proposed variance, schedule and shall include at least the following:

(A) Posting of a notice in the principal post office of each community or area served by the public water system and publication of a notice in a newspaper(s) of general circulation in the area served by the public water system; and (B) Mailing of a notice to other appropriate state or local agencies at the department’s discretion.

(3) Submission of Request. Requests for hearing may be submitted by any interested person. Frivolous or insubstantial requests for hearing may be denied by the department.

Requests must be submitted to the department within thirty (30) days after issuance of the public notices provided for in this rule.

These requests shall include the following information:

(A) The name, address and telephone number of the individual, organization or other entity requesting a hearing;

(B) A brief statement of the interest of the person making the request in the proposed variance, variance schedule, exemption or exemption schedule and of information that the requesting person intends to submit at the hearing; and (C) The signature of a responsible official of the organization or other entity.

(4) Conditions of Notice. The department shall give notice in the manner set forth in this rule of any hearing to be held pursuant to a request submitted by an interested person called upon motion of the department. Notice of the hearing shall also be sent to the persons requesting the hearing, if any. Notice of the hearing shall include a statement of the purpose of the hearing, information regarding the time and location for the hearing and the address and telephone number of any office at which interested persons may obtain further information concerning the hearing. Notice shall be given not less than fifteen (15) days prior to the time scheduled for the hearing.

(5) Character of the Hearing. A hearing convened pursuant to section (1) shall not be deemed to be a contested case hearing within the meaning of section 536.010(2), RSMo.

The hearing shall be conducted by the director or a hearing officer designated by the director. The hearing shall be conducted in an informal, orderly and expeditious manner.

The hearing officer shall have authority to call witnesses, receive oral and written testimony and take other action as may be necessary to assure the fair and efficient conduct of the hearing.

(6) Exception to Hearing Provision. The department may provide that the variance, schedule shall become effective thirty (30) days after notice of opportunity for hearing is given as required by this rule, or if no timely request for a hearing is submitted, and the department does not determine to hold a public hearing.

(7) Final Disposition. Within sixty (60) days after the termination of any public hearing held as required by this rule, the department shall take into consideration information obtained during the hearing and other relevant information and confirm, revise or rescind the proposed variance, variance schedule, exemption or exemption schedule as necessary.

**History**
- *AUTHORITY: section 640.120, RSMo Supp. 1989. Original rule filed May 4, 1979, effective Sept. 14, 1979. Amended: Filed April 14, 1981, effective Oct. 11, 1981. Original authority: 64.120, RSMo 1978, amended 1989.*

##### **10 CSR 60-6.050** Procedures and Requirements for Abatement Orders {#sec-10-csr-60-6.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-6.050}

(Rescinded December 30, 2018)

Original rule filed July 12, 1991, effective Feb. 6, 1992. Amended: Filed March 17, 2003, effective Nov. 30, 2003. Rescinded:

Filed April 13, 2018, effective Dec. 30, 2018.

**History**
- *AUTHORITY: section 640.130, RSMo 2000.*

##### **10 CSR 60-6.060** Waivers From Baseline Monitoring Requirements {#sec-10-csr-60-6.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-6.060}

PURPOSE: This rule establishes waiver requirements from testing for asbestos, volatile organic chemicals, synthetic organic chemicals and inorganic chemicals.

(1) Waivers may be granted by the department in accordance with the criteria in sections (2) and (3) of this rule. The department may initiate the evaluation and issue a waiver based on its evaluation of the criteria in sections (2) and (3) of this rule. A public water system may submit a written request and supporting documentation for a waiver in accordance with sections (2) and (3) of this rule at any time if the department has not issued or denied a waiver.

(2) Use waivers may be granted if it is determined that there has been no previous use of a contaminant within a given boundary, and that the public water supply system is in no danger of contamination from the specified contaminant. Use waivers are based on the use, or absence of use, of a potentially harmful contaminant within a given boundary. The boundary size will be determined by the department and can range from a single water system to statewide. Use waivers obtained for asbestos and synthetic organic chemicals (SOCs) may relieve the system of any sampling requirements. Use waivers will not be granted for volatile organic chemicals listed in 10 CSR 60-4.100(2) or for inorganic chemicals listed in 10 CSR 60-4.030(1) other than asbestos.

(A) Asbestos listed in 10 CSR 60- 4.030(1)—Waivers from analysis for asbestos in a water system will be based on the existence of asbestos-cement piping within the water system or asbestos contamination within the source water. If any asbestos-cement piping is present in any part of the treatment/distribution system, or if the source water is known to or suspected to contain asbestos, waivers will not be granted.

(B) SOCs listed in 10 CSR 60-4.040— Waivers from analysis for SOCs in a water system will be based on knowledge of previous use (including transportation, storage, or previous disposal) within a given boundary. If a given SOC has been detected within a water system, a waiver will not be granted to that system.

(3) Susceptibility waivers may be granted in the form of reduced monitoring if all of the criteria in subsection (3)(A) are met. For assessing susceptibility and examining criteria in paragraphs (3)(A)2. and 3., the mini mum boundary area will be a radius of one-quarter (1/4) of a mile about groundwater well head(s) or the watershed area(s) of a surface water source. Susceptibility waivers may be granted for SOCs listed in 10 CSR 60- 4.040(1) including polychlorinated biphenyls (PCBs), volatile organic chemicals (VOCs) listed in 10 CSR 60-4.100(2), and inorganic chemicals (IOCs) listed in 10 CSR 60- 4.030(1) except for nitrate and nitrite.

(A) Criteria for Susceptibility Waivers.

1. Previous analytical results show no detections.

2. The proximity of the system to a potential point or nonpoint source of contamination (that is, Superfund Amendments and Reauthorization Act (SARA) Title III hazardous waste site) is such that contamination is unlikely.

3. The environmental persistence of the contaminant is such that contamination is unlikely to occur due to the transport time, geographical, and geological characteristics.

4. The water source is protected from contamination by being constructed in a manner no less stringent than set forth for nonpublic wells in the Water Well Construction Code 10 CSR 23-3 promulgated pursuant to the Missouri Water Well Drillers Act, section 256.600–256.640, RSMo.

5. The nitrate levels have been tested and it has been found that elevated nitrate levels indicating surface water intrusion do not exist.

6. The corrosive nature of the source water and the effectiveness of the systems corrosion control program.

(B) PCBs—Susceptibility waivers may be granted for PCBs if the criteria in subsection (3)(A) are met and there has been no use of PCBs in the equipment used for production, storage or distribution of water, or sampling has not indicated the presence of PCBs.

6CODE OF STATE REGULATIONS

(1/29/19) JOHNR. ASHCROFT

**History**
- *AUTHORITY: section 640.100, RSMo 2016. Original rule filed March 31, 1992, effective Dec. 3, 1992. Amended: Filed May 4, 1993, effective Jan. 13, 1994. Amended: Filed June 13, 2018, effective Feb. 28, 2019. 1999, 2002, 2006, 2012, 2014.*

##### **10 CSR 60-6.070** Administrative Penalty Assessment {#sec-10-csr-60-6.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-6.070}

PURPOSE: This rule establishes the procedures for issuance of administrative orders and assessment of administrative penalties.

(1) General Provisions.

(A) Pursuant to section 640.131, RSMo, and in addition to any other remedy provided by law, upon determination by the department that a provision of sections 640.100 to 640.140, RSMo, or a standard, limitation, order, rule, or regulation promulgated thereunder or a term or condition of any permit has been violated, the director may issue an order assessing an administrative penalty upon the violator. The amount of the administrative penalty shall be determined according to section (3) of this rule. In no event shall the penalty assessed per day of violation or the total penalty assessed per violation exceed the statutory maximums specified in subsection 640.131.2, RSMo, a summary of which is shown in the following table:

Maximum Administrative Penalty Amounts (B) An administrative penalty shall not be imposed until the department has sought to resolve the violation(s) through conference, conciliation and persuasion and shall not be imposed for minor violations. If the violation is resolved through conference, conciliation and persuasion, no administrative penalty shall be assessed unless the violation has caused a risk to human health or to the environment, or has caused or has the potential to cause pollution or was knowingly committed.

(C) An order assessing an administrative penalty shall be served upon the supplier of water or appropriate representative of the supplier of water through United States Postal Service certified mail, return receipt requested; a private courier or messenger service which provides verification of delivery; or by hand delivery to the residence or place of business of the supplier of water. An order assessing an administrative penalty shall be considered served if verified receipt is made by the supplier of water or an appropriate representative of the supplier of water. Rejection of or refusal to accept private courier service, messenger service, hand delivery or certified mail delivery of an order assessing an administrative penalty constitutes service of the order.

(D) The director may at any time withdraw without prejudice any administrative order or administrative penalty.

(E) An order assessing an administrative penalty shall describe the nature of the violation(s), the amount of the administrative penalty, and the basis of the penalty calculation.

(F) The director may suspend a penalty in whole or in part when deemed appropriate.

The director shall consider the following factors, as a minimum, in evaluating the appropriateness of suspended penalties: timeliness in response to violation(s), history of past violations, cooperative efforts towards compliance, severity of violation(s), relative risk to human health, and other extenuating circumstances. Penalties suspended under this provision may be reinstated if the violator fails to comply with all provisions of the administrative order or fails to remain in compliance for a period of one (1) year from the final compliance date of the administrative order.

(G) An administrative penalty shall not be increased in those instances where department action, or failure to act, has caused a continuation of the violation that was a basis for the penalty. Sample collection and analysis by the department to verify the quality of the water, regardless of the analytical results, shall not be construed as department action that has caused continuation of the violation.

Any administrative penalty shall be assessed within two (2) years following the department’s initial discovery of such alleged violation, or from the date the department in the exercise of ordinary diligence should have discovered such alleged violation.

(2) Definitions.

(A) Definitions for key words used in this

rule may be found in 10 CSR 60-2.015.

(B) Additional definitions specific to this

rule are as follows:

1. Conference, conciliation, and persuasion. A process of verbal or written communications consisting of meetings, reports, correspondence, or telephone conferences between authorized representatives of the department and the alleged violator. The process shall, at a minimum, consist of one (1) offer to meet with the alleged violator tendered by the department. During any such meeting, the department and the alleged violator shall negotiate in good faith to eliminate the alleged violation and attempt to agree upon a plan to achieve compliance;

2. Gravity-based assessment. The degree of seriousness of a violation taking into consideration the risk to human health or the environment posed by violations of sections 640.100 to 640.140, RSMo, and associated rules and permits;

3. Major violation. A violation that poses or may pose a substantial risk to human health or to the environment, or has or may have a substantial adverse effect on the pur poses of or procedures for implementing the law and associated rules or permits;

4. Minor violation. A violation that poses a small potential to harm the environment or human health or cause pollution, and was not knowingly committed;

5. Moderate violation. A violation that poses or may pose a significant risk to human health or to the environment, or has or may have a significant adverse effect on the purposes of or procedures for implementing the law and associated rules or permits;

6. Multiple violation penalty. The sum of individual administrative penalties assessed when two (2) or more violations are included in the same complaint or enforcement action;

7. Multi-day violation. A violation that has occurred on or continued for two (2) or more consecutive or nonconsecutive days;

8. Potential for harm. The extent to which a violation poses a risk to human health or the environment or has a substantial adverse effect on the purposes of or procedures for implementing the law and associated rules or permits.

(3) Determination of Penalties. In determining the amount of the administrative penalty, the department shall take into consideration all relevant circumstances, including, but not limited to, the harm which the violation causes or may cause, the violator’s previous compliance record, the nature and persistence of the violation, any corrective actions taken, the number of people served by the water system and any other factors which the department may reasonably deem relevant. The amount of an administrative penalty shall involve the application of a gravity-based 38%/,&:$7(5 6<67(06,=(  RISHRSOHVHUYHG   0$;,0803(1$/7<$02817 $PRXQW3HU'D\3HU 9LRODWLRQ 7RWDO$PRXQW3HU 9LRODWLRQ /HVVWKDQ WR RUPRUH assessment under subsection (3)(A) of this

rule and may be adjusted within the selected penalty range as specified in subsection (3)(B) of this rule. Determination of the penalty may also involve additional factors for multiple violations (subsection (3)(C) of this rule) and multi-day violations (subsection (3)(D) of this rule). The resulting total penalty amount may be further adjusted as specified under subsection (3)(E) of this rule.

(A) Gravity-Based Assessment. The gravity-based assessment is determined by evaluating the potential for harm posed by the violation and the number of people affected or potentially affected by the violation.

1. Potential for harm. The potential for harm associated with a violation is based on the extent to which the violation poses a risk to human health or the environment or has a substantial adverse effect on the purposes of or procedures for implementing the law and associated rules or permits.

A. The risk of exposure is dependent on both the likelihood that humans or the environment may be exposed to contaminants and the degree of potential exposure.

Penalties will reflect the probability the violation either did result in, or could have resulted in, release of contaminants to the environment or introduction of contaminants into a public water system, and the harm which did occur, or would have occurred, if the release to the environment or contamination of the water system had in fact occurred.

B. Violations that have an adverse effect upon the purposes of the law or procedures for implementing the law and associated rules or permits may be grounds for assessment of penalties.

C. The potential for harm shall be evaluated according to the following degrees of severity:

(I) Major. Violations that pose a major potential for harm shall include, but not be limited to, the following: failure to act in an emergency situation; failure to comply with an order issued by the department; failure to meet disinfection requirements; failure to disinfect newly repaired water mains; failure to respond adequately to total water outages; failure to comply with maximum contaminant levels (MCLs) or treatment technique requirements; failure to issue public notice for acute MCL violations; and other violations that pose a direct impact or immediate threat to public health;

(II) Moderate. Violations that pose a moderate potential for harm shall include, but not be limited to, the following: failure to issue public notice for violations other than acute MCL violations; failure to comply with monitoring requirements; failure to comply with lead and copper regulatory requirements other than treatment technique requirements; failure to maintain required minimum pressure in the water system; failure to obtain a construction permit or a permit to dispense water; failure to meet operator certification requirements; failure to meet construction standards; failure to meet operational requirements; failure to properly operate and maintain the water system; failure to comply with backflow prevention requirements; failure to meet the conditions of a compliance schedule developed under a bilateral compliance agreement, exemption, or variance; violations that do not meet the definition of “minor” violations; and other violations that pose a serious or long-term threat to public health; and (III) Minor. Violations that pose a minor potential for harm shall include, but not be limited to, the following: failure to maintain records, microbiological sample siting plans, emergency operations plans, or other required documents; failure to meet reporting requirements; failure to pay required fees; and other violations related to the management and administration of the system.

2. Number of people affected. The penalty amount is dependent on the size of the public water system, expressed in terms of the number of people who receive water from the public water system.

3. Gravity-based penalty assessment matrix. The matrix that follows is based on the potential for harm and the number of people affected or potentially affected, and is to be used to determine the gravity-based assessment portion of the administrative penalty. Potential for harm and size of public water system form the axes of the matrix.

The matrix has nine cells, each containing a penalty range. For a particular violation, the appropriate penalty range (cell) is selected according to the size of the public water system and by determining the category (major, moderate, or minor) most appropriate for the potential for harm factor. The penalty amount is initially set at the midpoint of the selected penalty range, but may be adjusted within the penalty range, as specified in subsection (3)(B) of this rule, for the circumstances of a particular violation. The values shown in the matrix are expressed in terms of penalty amount per day of noncompliance for each violation.

Gravity-Based Penalty Assessment Matrix (penalty range per day per violation)

(B) Adjustments to the Penalty Amount Within the Selected Penalty Range. The department may add to or subtract from the amount of the penalty, within the selected penalty range of the matrix, after consideration of the following adjustment factors:

1. Good faith efforts to comply. The department may adjust a penalty amount downward, within the selected penalty range, if the violator adequately demonstrates good faith efforts. Good faith efforts include, but are not limited to, documentation that the violator has reported noncompliance or instituted measures to remedy the violation prior to detection by the department. However, good faith efforts to achieve compliance after agency detection are not grounds for decreasing the penalty amount;

2. Culpability. In cases of heightened culpability that do not meet the standard of criminal activity, the penalty may be increased at the department’s discretion, within the selected range of the matrix.

Likewise, in cases where there is a demonstrable absence of culpability, the department may decrease the penalty. Lack of knowledge of the law or any associated rule or permit shall not be a basis for decreased culpability.

The following criteria shall be used to determine culpability:

A. How much control the violator had over the events constituting the violation;

B. Whether the events constituting the violation were foreseeable;

C. Whether the violator took reasonable precautions against the events constituting the violation;

D. Whether the violator knew or should have known of the hazards associated with the conduct; and E. Whether the violator knew or should have known of the legal requirement that was violated (this shall be used only to increase a penalty, not to decrease it); and 3. History of noncompliance. When there has been a history of noncompliance with the law or any associated rule or permit, to a degree deemed significant due to frequency, similarity or seriousness of past violations, and considering the violator’s 8CODE OF STATE REGULATIONS (1/29/19) JOHNR. ASHCROFT 3RWHQWLDOIRU +DUP 6L]HRI3XEOLF:DWHU6\VWHP QXPEHURISHRSOHVHUYHG  /HVVWKDQ WR RUPRUH 0DMRU PLGSRLQW  ±   ±   ±   0RGHUDWH PLGSRLQW           0LQRU response to previous enforcement actions, the department may increase the administrative penalty, within the selected penalty range. No downward adjustment is allowed because of this factor.

(C) Multiple Violation Penalty. Penalties for multiple violations may be determined when a violation is independent of or substantially different from any other violation.

The director may order a separate administrative penalty for each violation as set forth in this rule.

(D) Multi-Day Penalty. Penalties for multi-day violations may be determined when the director has concluded that a violation(s) has continued or occurred for more than one (1) day. Multi-day penalty assessments shall be determined by using the Gravity-Based Penalty Assessment Matrix in this section to determine the penalty amount per day per violation, and multiplying that amount by the number of days of noncompliance. The director may seek penalties for each day of noncompliance, not to exceed the statutory maximums specified in subsection 640.131.2, RSMo.

(E) Adjustments to Total Penalty Amount.

The department may add to or subtract from the total amount of the penalty, not to exceed the statutory maximums specified in subsection 640.131.2, RSMo, after consideration of the following adjustments:

1. Recalculation of penalty amount. If, after issuance of an order by the director, new information about a violation becomes available which indicates that the original penalty calculation may have been incorrect, it may be necessary to recalculate the penalty in light of the new information;

2. Ability to pay. When a violator has adequately documented that payment of all or a portion of the administrative penalty will preclude the violator from achieving compliance or from carrying out important remedial measures, the department may— A. Waive or suspend any portion or all of the administrative penalty; or B. Negotiate a delayed payment schedule, installment plan or penalty reductions with stipulated penalties. The department may require the supplier of water to submit documents to verify inability to pay, including, but not limited to: federal tax returns and financial statements, annual financial reports, and a list of assets with corresponding fair market values; and 3. Other adjustment factors. This rule allows for other penalty adjustments based on fairness and equity not mentioned in this rule which may arise on a case-by-case basis.

(4) Payment of Penalty. The proceeds from any administrative penalty assessed in accordance with this rule shall be paid to the county treasurer of the county in which the violation(s) occurred for the use and benefit of the county public schools, in accordance with

section 7 of article IX of the Missouri Constitution. An administrative penalty shall be paid within sixty (60) days from the date of issuance of the order assessing the penalty, unless appealed per section 621.250, RSMo.

Any person who fails to pay an administrative penalty by the final due date shall be liable to the state for a surcharge of fifteen percent (15%) of the penalty plus ten percent (10%) per annum on any amounts owed. An action may be brought in the appropriate circuit court to collect any unpaid administrative penalty, and for attorney’s fees and costs incurred directly in the collection thereof.

(5) Natural Resource Damages. Nothing in this rule shall be construed as satisfying any claims by the state or federal government for natural resource damages.

Filed June 13, 2018, effective Feb. 28, 2019. 1999, 2002, 2006, 2012, 2014 and 640.131, RSMo 1998.

**History**
- *AUTHORITY: sections 640.100 and 640.131, RSMo 2016. Original rule filed July 1, 1999, effective March 30, 2000. Amended:*

### **Chapter 7** Reporting

##### **10 CSR 60-7.010** Reporting Requirements {#sec-10-csr-60-7.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-7.010}

PURPOSE: This rule establishes requirements for reports of water sample analyses and monitoring.

(1)

General Information. Except where a shorter period is specified in this rule, the supplier of water shall report to the department the results of any test measurement or analysis, except operational analyses required by 10 CSR 60-4.080(3) other than those specified in sections (4) and (6) of this rule, within the first ten (10) days following the month in which the result is received or the first ten (10) days following the end of the required monitoring period as stipulated by the department, whichever of these is shortest.

(2) Within forty-eight (48) hours a supplier of water must report to the department any failure to comply with any drinking water regulation, including failure to comply with monitoring requirements, except where a shorter period is specified by the department.

(3) A supplier of water is not required to report analytical results to the department when a state laboratory performs the analysis and reports the results to the department.

(4) Disinfection information must be reported within ten (10) days after the end of each month the system serves water to the public.

(A) Information that must be reported includes:

1. For each day, the lowest measurement of residual disinfectant concentration in milligrams per liter (mg/L) in water entering the distribution system;

2. The date and duration of each period when the residual disinfectant concentration in water entering the distribution system fell below five tenths (0.5) mg/L free chlorine or one (1) mg/L chloramines and when the department was notified of the occurrence;

3. The following information on the samples taken in the distribution system:

A. Number of instances where the residual disinfectant concentration is measured;

B. Number of instances where the residual disinfectant concentration is not measured but the heterotrophic bacteria plate count (HPC) is measured;

C. Number of instances where the residual disinfectant concentration is measured but is less than two tenths (0.2) mg/L and no HPC is measured;

D. Number of instances where residual disinfectant concentration is less than two tenths (0.2) mg/L and where the HPC is greater than five hundred per milliliter (HPC > 500/mL);

E. Number of instances where the residual disinfectant concentration is not measured and the HPC is greater than five hundred per milliliter (HPC > 500/mL); and F. For the current and previous month the system serves water to the public, the value of V in the following formula:

(c + d + e) × 100 a + b V= where:

V = the percentage of time that the disinfectant residual is less than the required residual; a = the value in subparagraph (4)(A)3.A. of b = the value in subparagraph (4)(A)3.B. of c = the value in subparagraph (4)(A)3.C. of d = the value in subparagraph (4)(A)3.D. of this rule; and e = the value in subparagraph (4)(A)3.E. of this rule.

(B) If the department determines, based upon site-specific considerations, that a system has no means for having a sample transported and analyzed for HPC by a certified laboratory within the requisite time and temperature conditions specified in 10 CSR 60-5 and that the system is providing adequate disinfection in the distribution system, the requirements of paragraph (4)(A)3. do not apply.

(C) A system need not report the data listed in subsection (4)(A) of this rule if all of that data remains on file at the system and the department determines that the system has submitted all the information required by sub-

section (4)(A) of this rule for at least twelve (12) months.

(5) Reporting and Record-Keeping Requirements for Disinfection By-Products and Enhanced Surface Water Treatment for community and nontransient noncommunity water systems using chlorine, chloramines, or chlorine dioxide and for transient noncommunity water systems using chlorine dioxide as a disinfectant or oxidant.

(A) Disinfection By-Products. Systems must report the information specified in the following table:

4CODE OF STATE REGULATIONS

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(C) Disinfection By-Product Precursors and Enhanced Coagulation or Enhanced Softening. Systems must report the information specified in the following table:

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6CODE OF STATE REGULATIONS

(6) Enhanced Filtration and Disinfection Reporting and Record-Keeping Requirements.

In addition to the reporting and record-keeping requirements in sections (4) and (7) of this

rule, a public water system subject to the requirements of 10 CSR 60-4.050 that provides conventional filtration treatment must report monthly to the department the information specified in subsections (6)(A) and (6)(B) of this rule. In addition to the reporting and record-keeping requirements in sections (4) and (7) of this rule, a public water system subject to the requirements of 10 CSR 60-4.050 that provides filtration approved under 10 CSR 60-4.050(2)(F) must report monthly to the department the information specified in sub-

section (6)(A) of this rule.

(A) Turbidity measurements as required by 10 CSR 60-4.050(2)(A) must be reported within ten (10) days after the end of each month the system serves water to the public.

Information that must be reported includes:

1. The total number of filtered water turbidity measurements taken during the month;

2. The number and percentage of filtered water turbidity measurements taken during the month which are less than or equal to the turbidity limits specified in 10 CSR 60- 4.050(2)(A)1. or 10 CSR 60-4.050(2)(F);

3. The date and value of any turbidity measurements taken during the month which exceed 1 Nephelometric Turbidity Unit (NTU) for systems using conventional filtration treatment, or which exceed the applicable maximum level set by the department under 10 CSR 60-4.050(2)(F).

(B) Systems must maintain the results of individual filter monitoring taken under 10 CSR 60-4.050(2)(D) for at least three (3) years. Systems must report that they have conducted individual filter turbidity monitoring under 10 CSR 60-4.050(2)(D) within ten (10) days after the end of each month the system serves water to the public. Systems must ment results within ten (10) days after the end of each month the system serves water to the public only if measurements demonstrate one (1) or more of the conditions in paragraphs (6)(B)1.–2. of this rule. Systems that use lime softening may apply to the department for alternative exceedance levels for the levels specified in this subsection (6)(B) if they can demonstrate that higher turbidity levels in individual filters are due to lime carryover only and not due to degraded filter performance.

1. Surface water systems that serve more than ten thousand (10,000) people must ment results within ten (10) days after the end of each month only if measurements demonstrate one (1) or more of the following conditions:

A. For any individual filter that has a measured turbidity level of greater than one and zero tenths (1.0) NTU in two (2) consecutes apart, the system must report the filter number, the turbidity measurement, and the date(s) on which the exceedance occurred. In addition, the system must either produce a filter profile for the filter within seven (7) days of the exceedance (if the system is not able to identify an obvious reason for the abnormal filter performance) and report that the profile has been produced or report the obvious reason for the exceedance;

B. For any individual filter that has a measured turbidity level of greater than five tenths (0.5) NTU in two (2) consecutive measurements taken fifteen (15) minutes apart at the end of the first four (4) hours of continuous filter operation after the filter has been backwashed or otherwise taken offline, the system must report the filter number, the turbidity, and the date(s) on which the exceedance occurred. In addition, the system must either produce a filter profile for the filter within seven (7) days of the exceedance (if the system is not able to identify an obvious reason for the abnormal filter performance) and report that the profile has been produced or report the obvious reason for the exceedance;

C. For any individual filter that has a measured turbidity level of greater than one and zero tenths (1.0) NTU in two (2) consecutes apart at any time in each of three (3) consecutive months, the system must report the filter number, the turbidity measurement, and the date(s) on which the exceedance occurred. In addition, the system must conduct a self-assessment of the filter within fourteen (14) days of the exceedance and report that the self-assessment was conducted. The self-assessment must consist of at least the following components: assessment of filter performance; development of a filter profile; identification and prioritization of factors limiting filter performance; assessment of the applicability of corrections; and preparation of a filter self-assessment report;

D. For any individual filter that has a measured turbidity level of greater than two and zero tenths (2.0) NTU in two (2) consecutes apart at any time in each of two (2) consecutive months, the system must report the filter number, the turbidity measurement, and the date(s) on which the exceedance occurred. In addition, the system must arrange for the conduct of a Comprehensive Performance Evaluation by the department or a third party approved by the department no later than thirty (30) days following the exceedance and have the evaluation completed and submitted to the department no later than ninety (90) days following the exceedance.

(I) The Comprehensive Performance Evaluation is a thorough review and analysis of a treatment plant’s performance-based capabilities and associated administrative, operation, and maintenance practices. It is conducted to identify factors that may be adversely impacting a plant’s capability to achieve compliance and emphasizes approaches that can be implemented without significant capital improvements. The comprehensive performance evaluation must consist of at least the following components: assessment of plant performance; evaluation of major unit processes; identification and prioritization of performance limiting factors; assessment of the applicability of comprehensive technical assistance; and preparation of a Comprehensive Performance Evaluation report.

(II) If the Comprehensive Performance Evaluation results indicate improved performance potential, the system shall implement Comprehensive Technical Assistance. The system must identify and systematically address plant-specific factors.

The Comprehensive Technical Assistance is a combination of utilizing Comprehensive Performance Evaluation results as a basis for followup, implementing process control priority-setting techniques, and maintaining long-term involvement to systematically train staff and administrators.

2. Surface water systems that serve less than ten thousand (10,000) people must ments within ten (10) days after the end of each month only if measurements demonstrate one (1) or more of the following conditions.

A. For any individual filter that exceeds one and zero tenths (1.0) NTU in two (2) consecutive recordings fifteen (15) minutes apart, the system must report the filter number(s), corresponding date(s), turbidity value(s) which exceeded one and zero tenths (1.0) NTU, and the cause (if known) for the exceedance(s).

B. For any individual filter that for three (3) months in a row the turbidity exceeded one and zero tenths (1.0) NTU in two (2) consecutive recordings fifteen (15) minutes apart, the system must conduct a self-assessment of the filter(s) within fourteen (14) days of the triggering event. The system must report the date self-assessment was triggered and the date it was completed. The self-assessment must consist of at least the following components: assessment of filter performance; development of a filter profile; identification and prioritization of factors limiting filter performance; assessment of the applicability of corrections; and preparation of a filter self-assessment report. The filter self-assessment is not required if a comprehensive performance evaluation (CPE) was required.

C. For any individual filter that for two (2) months in a row the turbidity exceeded two and zero tenths (2.0) NTU in two (2) consecutive recordings, fifteen (15) minutes apart, the system must arrange to have a CPE conducted not later than sixty (60) days following the triggering event. The CPE must be conducted by the department or a third party approved by the department. If a CPE has been completed by the department or a third party approved by the department within the twelve (12) prior months or the system and department are jointly participating in an ongoing Comprehensive Technical Assistance (CTA) project at the system, a new CPE is not required. If conducted, a CPE must be completed and submitted to the department no later than one hundred twenty (120) days following the triggering event.

(C) Additional turbidity reporting requirements. Reporting requirements for turbidity exceedences are in 10 CSR 60-4.050(2)(C).

(7) Stage 2 Disinfectants/Disinfection By- Products (D/DBP) Rule Reporting and Record-Keeping Requirements.

(A) Reporting.

1. You must report the following information for each monitoring location to the department within ten (10) days of the end of any quarter in which monitoring is required:

A. Number of samples taken during the last quarter;

B. Date and results of each sample taken during the last quarter;

C. Arithmetic average of quarterly results for the last four (4) quarters for each monitoring location (LRAA), beginning at the end of the fourth calendar quarter that follows the compliance date and at the end of each subsequent quarter. If the LRAA calculated based on fewer than four (4) quarters of data would cause the maximum contaminant level (MCL) to be exceeded regardless of the monitoring results of subsequent quarters, you must report this information to the department as part of the first report due following the compliance date or anytime thereafter that this determination is made. If you are required to conduct monitoring at a frequency that is less than quarterly, you must make compliance calculations beginning with the first compliance sample taken after the compliance date, unless you are required to conduct increased monitoring under section 10 CSR 60-4.094(2)(C)4.;

D. Whether based on 10 CSR 60- 4.094(3)(D)3.A. and this rule, the MCL was violated at any monitoring location; and E. Any operational evaluation levels that were exceeded during the quarter and, if so, the location and date, and the calculated total trihalomethanes (TTHM) and haloacetic acids 5 (HAA5) levels.

2. If you are a surface water system or ground water under the direct influence of surface water system seeking to qualify for or remain on reduced TTHM/HAA5 monitoring, you must report the following source water total organic carbon (TOC) information for each treatment plant that treats surface water or ground water under the direct influence of surface water to the department within ten (10) days of the end of any quarter in which monitoring is required:

A. The number of source water TOC samples taken each month during last quarter;

B. The date and result of each sample taken during last quarter;

C. The quarterly average of monthly samples taken during last quarter or the result of the quarterly sample;

D. The running annual average (RAA) of quarterly averages from the past four (4) quarters; and E. Whether the RAA exceeded four and zero tenths (4.0) mg/L.

3. The department may choose to perform calculations and determine whether the MCL was exceeded or the system is eligible for reduced monitoring in lieu of having the system report that information.

(8) Each system, upon discovering that a waterborne disease outbreak potentially attributable to that water system has occurred, must report that occurrence to the department as soon as possible but no later than by the end of the next business day. If the system is notified by the department or the Department of Health and Senior Services, of an outbreak, the reporting requirement of this section is waived.

(9) A supplier of water shall submit proof to the department that public notification has been made within ten (10) days of the date that the notice was to have been made for initial public notice and any repeat notices. The supplier of water shall provide a certification he/she has fully complied with the public notification regulations, and shall provide a representative copy of each type of notice distributed, published, posted, and made available to the persons served by the system and to the media.

(10) Reporting Requirements for the Ground Water Rule.

(A) In addition to any other applicable reporting requirements of this rule, a ground water system regulated under 10 CSR 60- 4.025 must provide the following information to the department:

1. A ground water system conducting compliance monitoring under 10 CSR 60- 4.025(4)(B) must notify the department any time the system fails to meet any departmentspecified requirements including, but not limited to, minimum residual disinfectant concentration, membrane operating criteria or membrane integrity, and alternative treatment operating criteria, if operation in accordance with the criteria or requirements is not restored within four (4) hours. The ground water system must notify the department as soon as possible, but in no case later than the end of the next business day;

2. After completing any corrective action under 10 CSR 60-4.025(4)(A), a ground water system must notify the department within thirty (30) days of completion of the corrective action; and 3. If a ground water system subject to the requirements of 10 CSR 60-4.025(3)(A) does not conduct source water monitoring under subparagraph (3)(A)5.B. of that rule, the system must provide documentation to the department within thirty (30) days of the total coliform-positive sample that the system met the department criteria.

(11) Reporting Requirements for the Revised Total Coliform Rule.

(A) E. coli.

1. A system must notify the department by the end of the day when the system learns of an E. coliMCL violation, unless the system learns of the violation after the department office is closed and the department does not have either an after-hours phone line or an alternative notification procedure, in which case the system must notify the department before the end of the next business day, and notify the public in accordance with 10 CSR 60-8.010.

2. A system must notify the department by the end of the day when the system is notified of an E. coli-positive routine sample, unless the system is notified of the result after the department office is closed and the department does not have either an afterhours 8CODE OF STATE REGULATIONS phone line or an alternative notification procedure, in which case the system must notify the department before the end of the next business day.

(B) A system that has violated the treatment technique for coliforms in 10 CSR 60- 4.022(9) must report the violation to the department no later than the end of the next business day after it learns of the violation, and notify the public in accordance with 10 CSR 60-8.010.

(C) A system required to conduct an assessment under the provisions of 10 CSR 60-4.022(9) must submit the assessment report to the department within thirty (30)

days. The system must notify the department in accordance with 10 CSR 60-4.022(9) when each scheduled corrective action is completed for corrections not completed by the time of submission of the assessment form.

(D) A system that has failed to comply with a coliform monitoring requirement must report the monitoring violation to the department within ten (10) days after the system discovers the violation and notify the public in accordance with 10 CSR 60-8.010.

(E) A seasonal system must certify to the department, prior to serving water to the public, that it has complied with the departmentapproved start-up procedure.

Amended: Filed Dec. 15, 1999, effective Sept. 1, 2000. Amended: Filed March 17, 2003, effective Nov. 30, 2003. Amended:

Filed Feb. 27, 2009, effective Oct. 30, 2009.

Amended: Filed April 14, 2010, effective Dec. 30, 2010. Amended: Filed Aug. 12, 2015, effective March 30, 2016. Amended: Filed June 13, 2018, effective Feb. 28, 2019. *Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999, 2002, 2006, 2012, 2014.

**History**
- *AUTHORITY: section 640.100, RSMo 2016. Original rule filed May 4, 1979, effective Sept. 14, 1979. Amended: Filed April 14, 1981, effective Oct. 11, 1981. Amended: Filed July 12, 1991, effective Feb. 6, 1992.*

##### **10 CSR 60-7.020** Reporting Requirements for Lead and Copper Monitoring {#sec-10-csr-60-7.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-7.020}

PURPOSE: This rule establishes requirements for reports of water sample analyses and monitoring for lead and copper.

(1) Reporting requirements for lead and copper tap water monitoring and for water quality parameter monitoring.

(A) Except as provided in paragraph (1)(A)7. of this rule, a water system shall report to the department the information required by this subsection for all tap water samples and all water quality parameter samples specified in 10 CSR 60-15.080 within the first ten (10) days following the end of each applicable monitoring period specified in 10 CSR 60-15.070, 10 CSR 60-15.080, and 10 CSR 60-15.090 (such as, every six (6) months, annually, or every three (3) years).

For monitoring periods with a duration less than six (6) months, the end of the monitoring period is the last date samples can be collected during that period as specified in 10 CSR 60-15.070 and 10 CSR 60-15.080. The water system shall report— 1. The results of all tap samples for lead and copper including the location of each site and the criteria under 10 CSR 60-15.070(1) under which the site was selected for the system’s sampling pool;

2. Documentation for each tap water lead or copper sample for which the water system requests invalidation pursuant to 10 CSR 60-15.070(6);

3. The ninetieth percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period (calculated in accordance with 10 CSR 60-15.010(3)(C)), unless the department calculates the system’s ninetieth percentile lead and copper levels under section (8) of this rule;

4. With the exception of initial tap sampling conducted pursuant to 10 CSR 60- 15.070(4)(A), the system shall specify any site which was not sampled during previous monitoring periods and include an explanation of why sampling sites have changed;

5. The results of all tap samples for pH and, where applicable, alkalinity, calcium, conductivity, temperature, and orthophosphate or silica collected under 10 CSR 60- 15.080(2)–(5);

6. The results of all samples collected at the entry point(s) to the distribution system for applicable water quality parameters under 10 CSR 60-15.080(2)–(5); and 7. A water system shall report the results of all water quality parameter samples collected under 10 CSR 60-15.080(3)–(6) during each six- (6-) month monitoring period specified in 10 CSR 60-15.080(4) within the first ten (10) days following the end of the monitoring period unless the department has specified a more frequent reporting requirement.

(B) For a non-transient non-community water system, or a community water system meeting the criteria of 10 CSR 60- 15.060(2)(G) and that does not have enough taps that can provide first-draw samples, the system must either— 1. Provide written documentation to the department identifying standing times and locations for enough non-first-draw samples to make up its sampling pool under 10 CSR 60-15.070(2)(E) by the start of the first applicable monitoring period under 10 CSR 60- 15.070(4) that commences after April 11, 2000, unless the department has waived prior department approval of non-first-draw sample sites selected by the system pursuant to 10 CSR 60-15.070(2)(E); or 2. If the department has waived prior approval of non-first-draw sample sites selected by the system, identify, in writing, each site that did not meet the six- (6-) hour minimum standing time and the length of standing time for that particular substitute sample collected pursuant to 10 CSR 60-15.070(2)(E) and include this information with the lead and copper tap sample results required to be submitted pursuant to paragraph (1)(A)1. of this

rule.

(C)

At a time specified by the department, or if no specific time is designated by the department, then as early as possible prior to the addition of a new source or any long-term change in water treatment, a water system deemed to have optimized corrosion control under 10 CSR 60-15.020(3)(C), a water system subject to reduced monitoring pursuant to 10 CSR 60-15.070(4)(D), or a water system subject to a monitoring waiver pursuant to 10 CSR 60-15.070(7) shall submit written documentation to the department describing the change or addition. The department must review and approve the addition of a new source or long-term change in treatment before it is implemented by the water system.

Examples of long-term treatment changes include the addition of a new treatment process or modification of an existing treatment process. Examples of modifications include switching secondary disinfectants, switching coagulants (for example, alum to ferric chloride), and switching corrosion inhibitor products (for example, orthophosphate to blended phosphate). Long-term changes can include dose changes to existing chemicals if the system is planning long-term changes to its finished water pH or residual inhibitor concentration. Long-term treatment changes would not include chemical dose fluctuations associated with daily raw water quality changes.

(D) Any small system applying for a monitoring waiver under 10 CSR 60-15.070(6), or subject to a waiver granted pursuant to 10 CSR 60-15.070(6)(C), shall provide the following information to the state in writing by the specified deadline:

1. By the start of the first applicable monitoring period in 10 CSR 60-15.070(4), any small water system applying for a moni toring waiver shall provide the documentation required to demonstrate that it meets the waiver criteria of 10 CSR 60-15.070(6)(A)–(B);

2. No later than nine (9) years after the monitoring previously conducted pursuant to 10 CSR 60-15.070(6)(B) or 10 CSR 60- 15.070(6)(D)1., each small system desiring to maintain its monitoring waiver shall provide the information required by 10 CSR 60- 15.070(6)(D)1. and 2.; and 3. No later than sixty (60) days after it becomes aware that it is no longer free of lead-containing and/or copper-containing material, as appropriate, each small system with a monitoring waiver shall provide written notification to the state, setting forth the circumstances resulting in the lead-containing and/or copper-containing materials being introduced into the system and what corrective action, if any, the system plans to remove these materials.

(E) Each groundwater system that limits water quality parameter monitoring to a subset of entry points under 10 CSR 60- 15.080(3)(C) shall provide, by the commencement of such monitoring, written correspondence to the department that identifies the selected entry points and includes information sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system.

(2) Source Water Monitoring Reporting Re quirements.

(A) A water system shall report the sampling results for all source water samples collected in accordance with 10 CSR 60-15.090 within the first ten (10) days following the end of each source water monitoring period (that is, annually, per compliance period, per compliance cycle) specified in 10 CSR 60- 15.090.

(B) With the exception of the first round of source water sampling conducted pursuant to 10 CSR 60-15.090(2), the system shall specify any site which was not sampled during previous monitoring periods and include an explanation of why the sampling point has changed.

(3) Corrosion Control Treatment Reporting Requirements. By the applicable dates under 10 CSR 60-15.020, systems shall report the following information:

(A) For systems demonstrating that they have already optimized corrosion control, information required in 10 CSR 60- 15.020(1)(B) or (2)(B);

(B) For systems required to optimize corrosion control, their recommendation regarding optimal corrosion control treatment under 10 CSR 60-15.030(1);

(C) For systems required to evaluate the effectiveness of corrosion control treatments under 10 CSR 60-15.030(3), the information required by that section; and (D) For systems required to install optimal corrosion control designated by the department under 10 CSR 60-15.030(4), a letter certifying that the system has completed installation of that treatment.

(4) Source Water Treatment Reporting Requirements. By the applicable dates in 10 CSR 60-15.040, systems shall provide the following information to the department:

(A) If required under 10 CSR 60- 15.040(2), their recommendation regarding source water treatment; and (B) For systems required to install source water treatment under 10 CSR 60- 15.040(2)(A), a letter certifying that the system has completed installation of the treatment designated by the department within twenty-four (24) months after the department designated the treatment.

(5) Lead Service Line Replacement Reporting Requirements. Systems shall report the following information to the department to demonstrate compliance with the requirements of 10 CSR 60-15.050:

(A) Not later than twelve (12) months after the end of a monitoring period in which a system exceeds the lead action level in sampling referred to in 10 CSR 60-15.050(1), the system must submit written documentation to the department of the material evaluation conducted as required in 10 CSR 60- 15.070(1), identify the initial number of lead service lines in its distribution system at the time the system exceeds the lead action level, and provide the department with the system’s schedule for replacing annually at least seven percent (7%) of the initial number of lead service lines in its distribution system;

(B) Not later than twelve (12) months after the end of a monitoring period in which a system exceeds the lead action level in sampling referred to in 10 CSR 60-15.050(1), and every twelve (12) months after that, the system shall demonstrate to the department in writing that the system has either— 1. Replaced in the previous twelve (12) months at least seven percent (7%) of the initial lead service lines (or a greater number of lines specified by the department under 10 CSR 60-15.050(5)) in its distribution system; or 2. Conducted sampling which demonstrates that the lead concentration in all service line samples from an individual line(s), taken pursuant to 10 CSR 60-15.070(2)(C), is less than or equal to 0.015 milligrams per liter (mg/L). In those cases, the total number of lines replaced or which meet the criteria in 10 CSR 60-15.050(2), or both, shall equal at least seven percent (7%) of the initial number of lead lines identified under subsection (5)(A) of this rule (or the percentage specified by the department under 10 CSR 60- 15.050(5));

(C) The annual letter submitted to the department under subsection (5)(B) of this

rule shall contain the following information:

1. The number of lead service lines scheduled to be replaced during the previous year of the system’s replacement schedule.

The total number of lines replaced and/or which meet the criteria in 10 CSR 60- 15.050(3) shall equal at least seven percent (7%) of the initial number of lead lines identified under subsection (5)(A) of this rule or the percentage specified by the department under 10 CSR 60-15.050(5); and 2. The number and location of each lead service line replaced during the previous year of the system’s replacement schedule; and 3. If measured, the water lead concentration and location of each lead service line sampled, the sampling method, and the date of sampling; and (D) Any system which collects lead service line samples following partial lead service line replacement required by 10 CSR 60- 15.050 shall report the results and any additional information as specified by the department to the department in a time and manner prescribed by the department, to verify that all partial lead service line replacement activities have taken place.

(6) Public Education Program Reporting Requirements.

(A) Any water system that is subject to the public education requirements in 10 CSR 60- 15.060 shall, within ten (10) days after the end of each period in which the system is required to perform public education tasks in accordance with 10 CSR 60-15.060(2), submit written documentation to the department that contains— 1. A demonstration that the system has delivered the public education materials that meet the content requirements in 10 CSR 60- 15.060(1) and the delivery requirements in 10 CSR 60-15.060(2); and 2. A list of all the newspapers, radio stations, television stations, facilities, and organizations to which the system delivered public education materials during the period in which the system was required to perform public education tasks.

(B) Unless required by the department, a system that previously has submitted the information required by paragraph (6)(A)2.

10CODE OF STATE REGULATIONS of this rule need not resubmit that information as long as there have been no changes in the distribution list and the system certifies that the public education materials were distributed to the same list submitted previously.

(C) No later than three (3) months following the end of the monitoring period, each system must mail a sample copy of the consumer notification of tap results to the department along with a certification that the notification has been distributed in a manner consistent with the requirements of 10 CSR 60- 15.060(4).

(7) Reporting of Additional Monitoring Data.

Any system which collects sampling data in addition to that required by this rule shall report the results to the department within the first ten (10) days following the end of the applicable monitoring period under 10 CSR 60-15.070, 10 CSR 60-15.080 and 10 CSR 60-15.090 during which the samples are collected.

(8) Reporting of ninetieth percentile lead and copper concentrations where the department calculates a system’s ninetieth percentile concentrations. A water system is not required to report the ninetieth percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period, as required by paragraph (1)(A)3. of this rule if:

(A) The department has previously notified the water system that it will calculate the water system’s ninetieth percentile lead and copper concentrations, based on the lead and copper tap results submitted pursuant to paragraph (8)(B)1. of this rule, and has specified a date before the end of the applicable monitoring period by which the system must provide the results of lead and copper tap water samples;

(B) The system has provided the following information to the department by the date specified in subsection (8)(A) of this rule:

1. The results of all tap samples for lead and copper including the location of each site and the criteria under 10 CSR 60- 15.070(1)(C), (D), (E), (F), and/or (G) under which the site was selected for the system’s sampling pool, pursuant to paragraph (1)(A)1. of this rule; and 2. An identification of sampling sites utilized during the current monitoring period that were not sampled during previous monitoring periods, and an explanation why sampling sites have changed; and (C) The department has provided the results of the ninetieth percentile lead and copper calculations, in writing, to the water system before the end of the monitoring peri od.

Filed Aug. 14, 2001, effective April 30, 2002.

Amended: Filed Oct. 17, 2011, effective May 30, 2012. *Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999, 2002, 2006.

**History**
- *AUTHORITY: section 640.100, RSMo Supp. 2011. Original rule filed Aug. 4, 1992, effective May 6, 1993. Amended: Filed Feb. 1, 1996, effective Oct. 30, 1996. Amended:*

### **Chapter 8** Public Notification

##### **10 CSR 60-8.010** Public Notification of Conditions Affecting a Public Water Supply {#sec-10-csr-60-8.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-8.010}

PURPOSE: This rule establishes the timing, content, method, and other requirements for notifying the public of violations of the public drinking water rules, situations with potential to have adverse effects on human health, and grants of variances and exemptions. Public notice requirements are divided into three (3) tiers, to take into account the seriousness of the violation or situation and of any potential adverse health effects that may be involved.

The public notice requirements for each violation or situation are determined by the tier to which it is assigned.

(1) General Information and Requirements.

(A) Types of Violations and Other Situations Requiring Public Notice.

1. Failure to comply with an applicable maximum contaminant level (MCL) or maximum residual disinfectant levels (MRDL).

2. Failure to comply with a prescribed treatment technique.

3. Failure to perform required water quality monitoring as required by drinking water regulations.

4. Failure to comply with testing procedures as prescribed by a drinking water regulation.

5. Operation under a variance or an exemption.

6. Failure to comply with the requirements of any schedule that has been set under a variance or exemption.

7. Special public notice.

8. Occurrence of a waterborne disease outbreak or other waterborne emergency.

9. Exceedance of the nitrate MCL by noncommunity water systems where granted permission by the department;

10. Exceedance of the secondary maximum contaminant level (SMCL) for fluoride.

11. Availability of unregulated contaminant monitoring data.

12. Other violations and situations determined by the department to require a public notice.

(B) Type of Notice Required for Each Violation or Situation. Public notice requirements are divided into three (3) tiers, to take into account the seriousness of the violation or situation and of any potential adverse health effects that may be involved. The three (3) tiers are described and specific requirements are set forth in sections (2)–(4) of this

rule. The public notice requirements for each violation or situation are determined by the tier to which it is assigned.

(C) Persons Notified and Responsibility for Public Notice.

1. The owner or operator of the public water system shall provide public notice to persons served by the water system in accordance with this rule. Public water systems that sell or otherwise provide drinking water to other public water systems (that is, to consecutive systems) are required to give public notice to the owner or operator of the consecutive system. The consecutive system is responsible for providing public notice to the persons it serves.

2. If the public water system has a violation in a portion of the distribution system that is physically or hydraulically isolated from other parts of the distribution system, the department may allow the system to limit distribution of the public notice to only persons served by that portion of the system which is out of compliance. The department’s approval will be in writing.

3. A copy of the public notice shall be sent to the department within ten (10) days of completion of notifying the affected public.

(2) Tier 1 Public Notice.

(A) Violation Categories and Other Situations Requiring a Tier 1 Public Notice.

1. Tier 1 public notice is required for violations or other situations with significant potential to have serious adverse effects on human health as a result of short-term exposure.

2. Specific violations and other situations requiring Tier 1 notice include:

A. Violation of the MCL for E. coli as specified in 10 CSR 60-4.022(10)(A);

B. Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite, or when the water system fails to take a confirmation sample within twenty-four (24) hours of the system’s receipt of the first sample showing an exceedance of the nitrate or nitrite MCL;

C. Exceedance of the nitrate MCL by noncommunity water systems where permitted by the department to exceed the MCL;

D. Violation of the MRDL for chlorine dioxide, when one (1) or more samples taken in the distribution system the day following an exceedance of the MRDL at the entrance of the distribution system, exceed the MRDL, or when the water system does not take the required samples in the distribution system;

E. Violation of a treatment technique requirement pursuant to 10 CSR 60-4.050 resulting from a single exceedance of the maximum allowable turbidity limit, where the department determines after consultation that the violation has significant potential to have serious adverse effects on human health or where the system fails to consult with the department within twenty-four (24) hours after the system learns of the violation;

F. Occurrence of a waterborne disease outbreak or other waterborne emergency (such as failure or significant interruption in key water treatment processes, a natural disaster that disrupts the water supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination);

G. Detection of E. coli, enterococci, or coliphage in source water samples as specified in 10 CSR 60-4.025(3)(A) and 10 CSR 60-4.025(3)(B); and H. Other violations or situations with significant potential to have serious adverse effects on human health as a result of shortterm exposure, as determined by the department either in regulation or on a case-by-case

basis.

(B) Timing of Tier 1 Public Notice. The public water system owner or operator shall:

1. Provide public notice as soon as practical but no later than twenty-four (24) hours after the system learns of the violation or situation;

2. Initiate consultation with the department to determine any additional public notice requirements as soon as practical, but no later than twenty-four (24) hours after the public water system learns of the violation or situation, except that the department may allow additional time in the event of extenuating circumstances beyond the control of the public water system, such as a natural disaster; and 3. Comply with any additional public notification requirements (including any repeat notices or direction on the duration of the posted notices) that are established as a result of the consultation with the department. Such requirements may include the time, form, manner, frequency, and content of repeat notice (if any) and other actions designed to reach all persons served.

(C) Form and Manner of Tier 1 Public Notice.

1. The owner or operator of the public water system shall use the health effects language in section (11) of this rule for MCL violations requiring Tier 1 public notice.

2. Tier 1 public notice shall be provided within twenty-four (24) hours in a form and manner reasonably calculated to reach all persons served. The form and manner used by the public water system shall fit the specific situation and be designed to reach residential, transient, and nontransient users of the water system using one (1) or more of the following forms of delivery:

A. Appropriate broadcast media, such as radio and television;

B. Posting the notice in conspicuous locations throughout the area served by the water system;

C. Hand delivery of the notice to persons served by the water system; or D. Another delivery method approved in writing by the department.

(3) Tier 2 Public Notice.

(A) Violation Categories and Other Situations Requiring a Tier 2 Public Notice.

1. Tier 2 public notice is required for violations and other situations with potential to have serious adverse effects on human health.

2. Specific violations and other situations requiring Tier 2 notice.

A. Tier 2 notice is required for violations of MCL, MRDL, or treatment technique requirements, except where a Tier 1 notice is required or where a Tier 1 notice is determined by the department, for the following: microbiological contaminants; inorganic contaminants (IOCs); synthetic organic contaminants (SOCs); volatile organic contaminants (VOCs); radiological contaminants; disinfection byproducts, byproduct precursors, and disinfectant residuals; treatment techniques for acrylamide, epichlorohydrin, turbidity, lead, and copper; and other situations determined by the department to require Tier 2 notice. Systems with treatment technique violations involving a single exceedance of a maximum turbidity limit under 10 CSR 60-4.050 must initiate consultation with the department within twenty-four (24) hours of learning of the violation. Based on this consultation the department may subsequently decide to elevate the violation to Tier 1. If a system is unable to make contact with the department in the twenty-four- (24-) hour period, the violation is automatically elevated to Tier 1.

B. Failure to comply with the terms and conditions of a variance or exemption.

C. Violations of the monitoring and testing procedure requirements where the department determines that a Tier 2 rather than a Tier 3 public notice is required, taking into account potential health impacts and persistence of the violation. This includes but is not limited to collecting no total coliform samples during the applicable monitoring period at the discretion of the department.

D. Failure to take corrective action or failure to maintain at least 4-log treatment of viruses (using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal) before or at the first customer under 10 CSR 60- 4.025(4)(A).

(B) Timing of Tier 2 Public Notice.

1. Public water systems must provide the public notice as soon as possible, but not later than thirty (30) days after the system learns of the violation. If the public notice is posted, the notice must remain in place for as long as the violation or situation persists, but in no case for less than seven (7) days, even if the violation or situation is resolved. The department may, in appropriate circumstances, allow additional time for the initial notice of up to three (3) months from the date the system learns of the violation. The department will not grant an extension to the thirty- (30-) day deadline for any unresolved violation or provide across-the-board extensions for other violations or situations requiring a Tier 2 public notice. Extensions granted by the department will be in writing.

2. The public water system must repeat the notice every three (3) months as long as the violation or situation persists, unless the department determines that appropriate circumstances warrant a different repeat notice frequency. In no circumstance may the repeat notice be given less frequently than once per year. The department will not allow less frequent repeat notice for an MCL violation pursuant to 10 CSR 60-4.022 or a treatment technique violation pursuant to 10 CSR 60- 4.050 or 10 CSR 60-4.052. The department will not allow across-the-board reductions in the repeat notice frequency for other ongoing violations requiring a Tier 2 repeat notice.

The department’s determinations allowing repeat notices to be given less frequently than once every three (3) months will be in writing.

3. For violations of the maximum turbidity level and for violations of the treatment technique requirements pursuant to 10 CSR 60-4.050 resulting from a single exceedance of the maximum allowable turbidity limit, public water systems must consult with the department as soon as practical but no later than twenty-four (24) hours after the public water system learns of the violation to determine whether a Tier 1 public notice is required to protect public health. When consultation does not take place within the twenty-four- (24-) hour period, the water system must distribute a Tier 1 notice of the violation within the next twenty-four (24) hours (that is, no later than forty-eight (48) hours after the system learns of the violation).

(C) Form and Manner of Tier 2 Public Notice. Public water systems must provide the initial public notice and any repeat notices in a form and manner reasonably calculated to reach persons served in the required time period. The form and manner of the public notice may vary based on the specific situation and type of water system but must, at a minimum, meet the following requirements:

1. Unless directed otherwise by the department in writing, community water systems must provide notice by:

A. Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the public water system; and B. Any other method reasonably calculated to reach other persons regularly served by the system, if they would not normally be reached by mail or direct delivery.

Such persons may include those who do not pay water bills or do not have service connection addresses (e.g., house renters, apartment dwellers, university students, nursing home patients, prison inmates, etc.). These other methods may include: publication in a local newspaper or newsletter; delivery of multiple copies for distribution by customers that provide their drinking water to others; posting in public places served by the system or on the Internet; or delivery to community organizations.

2. Unless directed otherwise by the department in writing, noncommunity water systems must provide notice by:

A. Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the system, or by mail or direct delivery to each customer and service connection (where known); and B. Any other method reasonably calculated to reach other persons served by the system if they would not normally be reached by posting in a conspicuous location, mail, or direct delivery. Such persons include those served who may not see a posted notice because the posted notice is not in a location they routinely pass by. These other methods may include: publication in a local newspaper or newsletter distributed to customers; use of e-mail to notify employees or students; or delivery of multiple copies in central locations (e.g., community centers).

(4) Tier 3 Public Notice.

(A) Violation Categories and Other Situations Requiring a Tier 3 Public Notice.

1. Tier 3 public notice is required for all other violations and situations not included in Tier 1 and Tier 2.

2. Specific violations and other situations requiring Tier 3 public notice include:

A. Monitoring violations or failure to comply with a testing procedure, except where a Tier 1 notice is specifically required or where the department determines that a Tier 2 notice is required, for the following: microbiological contaminants; inorganic contaminants (IOCs); synthetic organic contaminants (SOCs); volatile organic contaminants (VOCs); radiological contaminants; disinfection byproducts, byproduct precursors, and disinfectant residuals; treatment techniques 4CODE OF STATE REGULATIONS for lead and copper. Specific exceptions are listed under sections (2) and (3) of this rule;

B. Operation under a variance or exemption;

C. Exceedance of the fluoride SMCL;

D. Reporting and recordkeeping violations under 10 CSR 60-4.022, 10 CSR 60- 7.010(11), and 10 CSR 60-9.010(4)-(5); and E. Other violations or situations determined by the department either in regulation or on a case-by-case basis.

(B) Timing of Tier 3 Public Notice.

1. Public water systems must provide the public notice not later than one (1) year after the public water system learns of the violation or situation or begins operating under a variance or exemption. Following the initial notice, the public water system must repeat the notice annually for as long as the violation, variance, exemption, or other situation persists. If the public notice is posted, the notice must remain in place for as long as the violation, situation, variance, or exemption persists, but in no case less than seven (7) days (even if the violation or situation is resolved).

2. Instead of individual Tier 3 public notices, a public water system may use an annual report detailing all violations and situations that occurred during the previous twelve (12) months as long as the timing requirements of paragraph (4)(B)1. of this

rule are met.

(C) Form and Manner of Tier 3 Public Notice. Public water systems must provide the initial notice and any repeat notices in a form and manner that is reasonably calculated to reach persons served in the required time period. The form and manner of the public notice may vary based on the specific situation and type of water system, but it must at a minimum meet the following requirements:

1. Unless directed otherwise by the department in writing, community water systems must provide notice by:

A. Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the public water system; and B. Any other method reasonably calculated to reach other persons regularly served by the system, if they would not normally be reached by mail or other direct delivery. Such persons may include those who do not pay water bills or do not have service connection addresses (for example, house renters, apartment dwellers, university students, nursing home patients, prison inmates, etc.). Other methods may include: publication in a local newspaper; delivery of multiple copies for distribution by customers that provide their drinking water to others (for example, apartment building owners or large private employers); posting in public places or on the Internet; or delivery to community organizations.

2. Unless directed otherwise by the department in writing, non community water systems must provide notice by:

A. Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the system, or by mail or direct delivery to each customer and service connection (where known); and B. Any other method reasonably calculated to reach other persons served by the system, if they would not normally be reached by posting, mail, or direct delivery.

Such persons may include those who may not see a posted notice because the notice is not in a location they routinely pass by. Other methods may include: publication in a local newspaper or newsletter distributed to customer; use of e-mail to notify employees or students; or, delivery of multiple copies in central locations (for example, community centers).

(D) Use of Consumer Confidence Report to Meet Tier 3 Requirement. For community water systems, the Consumer Confidence Report (CCR) may be used for the Tier 3 public notice as long as:

1. The CCR is provided to persons served no later than twelve (12) months after the system learns of the violation or situation.

2. The Tier 3 notice contained in the CCR follows the content requirements under

section (5) of this rule; and 3. The CCR is distributed following the delivery requirements under subsection (4)(C) of this rule.

(5) Content of the Public Notice.

(A) Public Notice for Violations and Other Situations, Including Violation of a Condition of a Variance or Exemption. The public notice must include:

1. A description of the violation or situation, including the contaminant(s) of concern, and (as applicable) the contaminant level(s);

2. When the violation or situation occurred;

3. Any potential adverse health effects from the violation or situation including the standard language under paragraph (5)(D)1. or (5)(D)2. of this rule, whichever is applicable;

4. The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water;

5. Whether alternative water supplies should be used;

6. What actions consumers should take, including when they should seek medical help, if known;

7. What the system is doing to correct the violation or situation;

8. When the water system expects to return to compliance or resolve the situation;

9. The name, business address, and phone number of the water system owner, operator, or designee of the public water system as a source of additional information concerning the notice; and 10. A statement to encourage the notice recipient to distribute the public notice to other persons served, using the standard language under paragraph (5)(D)3. of this rule, where applicable.

(B) Public Notice for Variances and Exemptions. If a public water system has been granted a variance or an exemption, the public notice must contain:

1. An explanation of the reasons for the variance or exemption;

2. The date on which the variance or exemption was issued.

3. A brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption; and 4. A notice of any opportunity for the public input in the review of the variance or exemption.

(C) Presentation of the Public Notice.

1. Each public notice:

A. Must be displayed in a conspicuous way when printed or posted;

B. Must not contain overly technical language or very small print;

C. Must not be formatted in a way that defeats the purpose of the notice;

D. Must not contain language which nullifies the purpose of the notice.

2. Each public notice must comply with multilingual requirements as follows:

A. Where the department has determined the public water system serves a large proportion of non-English speaking consumers, the public notice must contain information in the appropriate language(s) regarding the importance of the notice or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the notice or to request assistance in the appropriate language;

B. Where the department has not made a determination regarding the proportion of non-English speaking consumers, the public notice must contain the same information as in subparagraph (5)(C)2.A. of this

rule; and C. Where the department has determined there is not a large proportion of non- English speaking customers, no multilingual requirement applies.

(D) Standard Language Included in the Notice. Public water system owners and operators are required to include the following standard language in their public notice:

1. For MCL, MRDL, and treatment technique violations, and violation of the condition of a variance or exemption, the public notice must include the health effects language specified in section (11) of this rule corresponding to the violation.

2. Public water systems must include the following language in their notice, including the language necessary to fill in the blanks, for all monitoring and testing procedure violations requiring public notice: “We are required to monitor your drinking water for specific contaminants on a regular basis.

Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During {compliance period}, we {“did not monitor or test”} or {“did not complete all monitoring or testing”} for {contaminants(s)} and therefore cannot be sure of the quality of your drinking water during that time.”

3. Public water systems must include the following language in their notice (where applicable) to encourage the distribution of the public notice to all persons served:

“Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses).

You can do this by posting this notice in a public place or distributing copies by hand or mail.”

(6) Notice to New Billing Units or Customers.

(A) Community Water Systems. Community water systems must give a copy of the most recent public notice for any continuing violation, the existence of a variance or exemption, or other ongoing situations requiring a public notice to all new billing units or new customers prior to or at the time service begins.

(B) Noncommunity Water Systems. Noncommunity water systems must continuously post the public notice in conspicuous locations in order to inform new consumers of any continuing violation, variance, or exemption, or other situation requiring a public notice for as long as the violation, variance, exemption, or other situation persists.

(7) Reserved.

(8) Reserved.

(9) Special Public Notices.

(A) Special Notice for the Availability of Unregulated Contaminant Monitoring Results.

1. Timing of the special notice. The owner or operator of a community water system or nontransient noncommunity water system required to monitor for unregulated contaminants under Environmental Protection Agency’s (EPA’s) Unregulated Contaminant Monitoring Rule must notify persons served by the system of the availability of the results of such sampling no later than twelve (12) months after the monitoring results are known.

2. Form and manner of special notice.

The form and manner of the public notice shall follow the requirements for a Tier 3 public notice. The notice shall also identify a person and provide the telephone number to contact for information on the monitoring results.

(B) Special Notice for the Exceedance of the Secondary Maximum Contaminant Level (SMCL) for Fluoride.

1. Timing of the special notice. Community water systems that exceed the fluoride SMCL of 2 mg/L determined by the last single sample taken in accordance with 10 CSR 60-4.030, but do not exceed the MCL of 4 mg/L for fluoride, must provide the public notice in paragraph (9)(B)3. of this rule to persons served. Public notice must be provided as soon as practical, but no later than twelve (12) months from the day the water system learns of the exceedance. A copy of the notice must also be provided to all new billing units and customers at the time service begins and to the state public health officer.

The public water system must repeat the notice at least annually for as long as the SMCL is exceeded. If the public notice is posted, the notice must remain in place for as long as the SMCL is exceeded, but in no case less than seven (7) days (even if the exceedance is eliminated). On a case-by-case

basis, the department may require an initial notice sooner than twelve (12) months and repeat notices more frequently than annually.

2. Form and manner of the special notice. The form and manner of the public notice (including repeat notices) must follow the requirements for a Tier 3 public notice in subsection (4)(C) and paragraphs (4)(D)1. and (4)(D)3. of this rule.

3. Mandatory language. The notice must contain the following language, including language necessary to fill in the blanks:

“This is an alert about your drinking water and a cosmetic dental problem that might affect children under nine (9) years of age.

At low levels, fluoride can help prevent cavities, but children drinking water containing more than two (2) milligrams per liter (mg/L) of fluoride may develop cosmetic discoloration of their permanent teeth (dental fluorosis). The drinking water provided by your community water system {name} has a fluoride concentration of {insert value} mg/L.

“Dental fluorosis, in its moderate or severe forms, may result in a brown staining and/or pitting of the permanent teeth. This problem occurs only in developing teeth, before they erupt from the gums. Children under nine (9) should be provided with alternative sources of drinking water or water that has been treated to remove the fluoride to avoid the possibility of staining and pitting of their permanent teeth. You may also want to contact your dentist about proper use by young children of fluoride-containing products. Older children and adults may safely drink the water.

“Drinking water containing more than four (4) mg/L of fluoride (the maximum contaminant level for fluoride) can increase your risk of developing bone disease. Your drinking water does not contain more than four (4) mg/L of fluoride, but we are required to notify you when we discover that the fluoride levels in your drinking water exceed two (2) mg/L because of this cosmetic dental problem.

“For more information, please call {name of community water system} at {phone number}. Some home water treatment units are also available to remove fluoride from drinking water. To learn more about available home water treatment units, you may call NSF International at 1-877-8-NSF-HELP.”

(C) Special Notice for Nitrate Exceedances Above the MCL by Noncommunity Water Systems.

1. The owner or operator of a noncommunity water system granted permission by the department to exceed the nitrate MCL shall provide notice to persons served according to the requirements for a Tier 1 notice.

2. The owner or operator shall provide continuous posting of the fact that nitrate levels exceed ten (10) mg/L and the potential health effects of exposure, according to the requirements for Tier 1 notice delivery under

section (2) and the content requirements under section (5) of this rule.

(D) Special notice for repeated failure to conduct monitoring of the source water for Cryptosporidiumand for failure to determine bin classification or mean Cryptosporidium level.

1. The owner or operator of a community or noncommunity water system that is required to monitor source water under 10 CSR 60-4.052(2) must notify persons served by the water system that monitoring has not been completed as specified no later than thirty (30) days after the system has failed to collect any three (3) months of monitoring as specified in 10 CSR 60-4.052(2)(C). The notice must be repeated as specified in 10 CSR 60-8.010(3).

2. Special notice for failure to determine bin classification or mean Cryptosporidium 6CODE OF STATE REGULATIONS level. The owner or operator of a community or noncommunity water system that is required to determine a bin classification under 10 CSR 60-4.052(10) must notify persons served by the water system that the determination has not been made as required no later than thirty (30) days after the system has failed to report the determination as specified in 10 CSR 60-4.052(10)(E). The notice must be repeated as specified in 10 CSR 60- 8.010(3). The notice is not required if the system is complying with a departmentapproved schedule to address the violation.

3. Form and manner of the special notice. The form and manner of the public notice must follow the requirements for a Tier 2 public notice prescribed in subsection (3)(C) of this rule. The public notice must be presented as required in section (3) of this

rule.

4. Mandatory language that must be contained in the special notice. The notice must contain the following language, including the language necessary to fill in the blanks.

A. The special notice for repeated failure to conduct monitoring must contain the following language:

“We are required to monitor the source of your drinking water for Cryptosporidium.

Results of the monitoring are to be used to determine whether water treatment at the {treatment plant name} is sufficient to adequately remove Cryptosporidiumfrom your drinking water. We are required to complete this monitoring and make this determination by {required bin determination date}. We did not monitor or test or did not complete all monitoring or testing on schedule and, therefore, we may not be able to determine by the required date what treatment modifications, if any, must be made to ensure adequate Cryptosporidiumremoval. Missing this deadline may, in turn, jeopardize our ability to have the required treatment modifications, if any, completed by the deadline required, {date}.

For more information, please call {name of water system contact} of {name of water system} at {phone number}.”

B. The special notice for failure to determine bin classification or mean Cryptosporidiumlevel must contain the following language:

“We are required to monitor the source of your drinking water for Cryptosporidiumin order to determine by {date} whether water treatment at the {treatment plant name} is sufficient to adequately remove Cryptosporidiumfrom your drinking water. We have not made this determination by the required date. Our failure to do this may jeopardize our ability to have the required treatment modifications, if any, completed by the required deadline of {date}. For more information, please call {name of water system contact} of {name of water system} at {phone number}.”

C. Each special notice must also include a description of what the system is doing to correct the violation and when the system expects to return to compliance or resolve the situation.

(10) Notice Given by the Department on Behalf of the Public Water System.

(A) The department may give the notice required by this rule on behalf of the owner and operator of the public water system.

(B) The owner or operator of the public water system remains responsible for ensuring that the requirements of this rule are met.

(11) Standard Health Effects Language for Public Notification.

(A) Microbiological Contaminants.

1. Total Coliform. “Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in the water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct any problems that were found during these assessments.”

2. E. coli. “E. coliare bacteria whose presence indicates that the water may be contaminated with human or animal wastes.

Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems.”

3. Fecal indicators under the Ground Water Rule (E. coli, enterococci, coliphage).

“Fecal indicators are microbes whose presence indicates that the water may be contaminated with human or animal wastes.

Microbes in these wastes can cause shortterm health effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly, and people with severely compromised immune systems.”

4. Treatment technique violations under the Ground Water Rule. “Inadequately treated or inadequately protected water may conisms can cause symptoms such as diarrhea, nausea, cramps, and associated headaches.”

5. Revised Total Coliform Rule Treatment Technique violations for Coliform Assessment and/or Corrective Action. “Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessments to identify problems and to correct any problems that are found.

{THE SYSTEM MUST USE THE FOL-

LOWING APPLICABLE SENTENCES.}

We failed to conduct the required assessment.

We failed to correct all identified sanitary defects that were found during the assessment(s).”

6. Revised Total Coliform Rule Treatment Technique violations for E. coliAssessment and/or Corrective Action. “E. coliare bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems. We violated the standard for E. coli, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct a detailed assessment to identify problems and to correct any problems that are found.

{THE SYSTEM MUST USE THE FOL-

LOWING APPLICABLE SENTENCES.}

We failed to conduct the required assessment.

We failed to correct all identified sanitary defects that were found during the assessment that we conducted.”

7. Revised Total Coliform Rule Seasonal System Treatment Technique violations.

When this violation includes the failure to monitor for total coliforms or E. coliprior to serving water to the public, the mandatory language found at 10 CSR 60-8.010(5)(D)2. must be used. When this violation includes failure to complete other actions, the appropriate elements found in 10 CSR 60- 8.010(5)(A) to describe the violation must be used.

8. Turbidity. “Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea, and associated (B) Surface Water Treatment Rule (SWTR), Interim Enhanced Surface Water Treatment

Rule (IESWTR), Long-Term 1 Enhanced Surface Water Treatment Rule, and Filter Backwash Recycling Rule (FBRR) Violations.

1. Giardia lamblia. “Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.”

2. Viruses. “Inadequately treated water may contain disease-causing organisms.

These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated 3. Heterotrophic plate count (HPC) bacteria. “Inadequately treated water may conisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.”

4. Legionella. “Inadequately treated water may contain disease-causing organisms.

These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated 5. Cryptosporidium. “Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated (C) Inorganic Chemicals (IOCs).

1. Antimony. “Some people who drink water containing antimony well in excess of increases in blood cholesterol and decreases in blood sugar.”

2. Arsenic. “Some people who drink water containing arsenic in excess of the MCL over many years could experience skin damage or problems with their circulatory system, and may have an increased risk of 3. Asbestos (>10 μm). “Some people who drink water containing asbestos in excess of the MCL over many years may have an increased risk of developing benign intestinal polyps.”

4. Barium. “Some people who drink water containing barium in excess of the MCL over many years could experience an increase in their blood pressure.”

5. Beryllium. “Some people who drink water containing beryllium well in excess of the MCL over many years could develop intestinal lesions.”

6. Cadmium. “Some people who drink water containing cadmium in excess of the MCL over many years could experience kidney damage.”

7. Chromium (total). “Some people who use water containing chromium well in excess ence allergic dermatitis.”

8. Cyanide. “Some people who drink water containing cyanide well in excess of the nerve damage or problems with their thyroid.”

9. Fluoride. “Some people who drink water containing fluoride in excess of the MCL over many years could get bone disease, including pain and tenderness of the bones.

Fluoride in drinking water at half the MCL or more may cause mottling of children’s teeth, usually in children less than nine years old.

Mottling, also known as dental fluorosis, may include brown staining and/or pitting of the teeth, and occurs only in developing teeth, before they erupt from the gums.”

10. Mercury (inorganic). “Some people who drink water containing inorganic mercury well in excess of the MCL over many years could experience kidney damage.”

11. Nitrate. “Infants below the age of six months who drink water containing nitrate in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue-baby syndrome.”

12. Nitrite. “Infants below the age of six months who drink water containing nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue-baby syndrome.”

13. Total Nitrate and Nitrite. “Infants below the age of six months who drink water containing nitrate and nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue-baby syndrome.”

14. Selenium. “Selenium is an essential nutrient. However, some people who drink water containing selenium in excess of the MCL over many years could experience hair or fingernail losses, numbness in fingers or toes, or problems with their circulation.”

15. Thallium. “Some people who drink water containing thallium in excess of the MCL over many years could experience hair loss, changes in their blood, or problems with their kidneys, intestines, or liver.”

(D) Lead and Copper Rule.

1. Lead. “Infants and children who drink water containing lead in excess of the action level could experience delays in their physical or mental development. Children could show slight deficits in attention span and learning abilities. Adults who drink this water over many years could develop kidney problems or high blood pressure.”

2. Copper. “Copper is an essential nutrient, but some people who drink water containing copper in excess of the action level over a relatively short amount of time could experience gastrointestinal distress. Some people who drink water containing copper in excess of the action level over many years could suffer liver or kidney damage. People with Wilson’s Disease should consult their personal doctor.”

(E) Synthetic Organic Chemicals (SOCs).

1. 25. 2,4-D. “Some people who drink water containing the weed killer 2,4-D well experience problems with their kidneys, liver, or adrenal glands.”

2. 26. 2,4,5-TP (Silvex). “Some people who drink water containing silvex in excess ence liver problems.”

3. Alachlor. “Some people who drink water containing alachlor in excess of the with their eyes, liver, kidneys, or spleen, or experience anemia, and may have an 4. Atrazine. “Some people who drink water containing atrazine well in excess of the problems with their cardiovascular system or reproductive difficulties.”

5. Benzo(a)pyrene (PAHs). “Some people who drink water containing benzo(a)pyrene in excess of the MCL over many years may experience reproductive difficulties and may have an increased risk of getting 6. Carbofuran. “Some people who drink water containing carbofuran in excess of the problems with their blood, or nervous or reproductive systems.”

7. Chlordane. “Some people who drink water containing chlordane in excess of the problems with their liver, or nervous system, 8. Dalapon. “Some people who drink water containing dalapon well in excess of the minor kidney changes.”

9. Di(2-ethylhexyl)adipate. “Some people who drink water containing di (2-ethylhexyl) adipate well in excess of the MCL over many years could experience toxic effects such as, weight loss, liver enlargement, or possible reproductive difficulties.”

10. Di(2-ethylhexyl)phthalate. “Some people who drink water containing di (2ethylhexyl) phthalate in excess of the MCL over many years may have problems with their liver, or experience reproductive difficulties, and may have an increased risk of get- 11. Dibromochloropropane (DBCP).

DBCP in excess of the MCL over many years could experience reproductive difficulties and 8CODE OF STATE REGULATIONS 12. Dinoseb. “Some people who drink water containing dinoseb well in excess of the reproductive difficulties.”

13. Dioxin (2,3,7,8-TCDD). “Some people who drink water containing dioxin in experience reproductive difficulties and may 14. Diquat. “Some people who drink water containing diquat in excess of the MCL over many years could get cataracts.”

15. Endothall. “Some people who drink water containing endothall in excess of the problems with their stomach or intestines.”

16. Endrin. “Some people who drink water containing endrin in excess of the MCL over many years could experience liver problems.”

17. Ethylene dibromide. “Some people who drink water containing ethylene dibromide in excess of the MCL over many years could experience problems with their liver, stomach, reproductive system, or kidneys, 18. Glyphosate. “Some people who drink water containing glyphosate in excess ence problems with their kidneys or reproductive difficulties.”

19. Heptachlor. “Some people who drink water containing heptachlor in excess of liver damage and may have an increased risk of getting cancer.”

20. Heptachlor epoxide. “Some people who drink water containing heptachlor epoxide in excess of the MCL over many years could experience liver damage, and may have 21. Hexachlorobenzene. “Some people who drink water containing hexachlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys, or adverse reproductive effects, and 22. Hexachlorocyclopentadiene. “Some people who drink water containing hexachlorocyclopentadiene well in excess of the problems with their kidneys or stomach.”

23. Lindane. “Some people who drink water containing lindane in excess of the problems with their kidneys or liver.”

24. Methoxychlor. “Some people who drink water containing methoxychlor in experience reproductive difficulties.”

25. Oxamyl (Vydate). “Some people who drink water containing oxamyl in excess ence slight nervous system effects.”

26. Pentachlorophenol. “Some people who drink water containing pentachlorophenol in excess of the MCL over many years could experience problems with their liver or kidneys, and may have an increased risk of 27. Picloram. “Some people who drink water containing picloram in excess of the problems with their liver.”

28. Polychlorinated biphenyls (PCBs).

PCBs in excess of the MCL over many years could experience changes in their skin, problems with their thymus gland, immune deficiencies, or reproductive or nervous system difficulties, and may have an increased risk of 29. Simazine. “Some people who drink water containing simazine in excess of the problems with their blood.”

30. Toxaphene. “Some people who drink water containing toxaphene in excess of the MCL over many years could have problems with their kidneys, liver, or thyroid, and (F) Volatile Organic Chemicals (VOCs).

1. Benzene. “Some people who drink water containing benzene in excess of the MCL over many years could experience anemia or a decrease in blood platelets, and may 2. Carbon tetrachloride. “Some people who drink water containing carbon tetrachloride in excess of the MCL over many years could experience problems with their liver 3. Chlorobenzene (monochlorobenzene). “Some people who drink water containing chlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys.”

4. o-Dichlorobenzene. “Some people who drink water containing o-dichlorobenzene well in excess of the MCL over many years could experience problems with their liver, kidneys, or circulatory systems.”

5. p-Dichlorobenzene. “Some people who drink water containing p-dichlorobenzene experience anemia, damage to their liver, kidneys, or spleen, or changes in their blood.”

6. 1,2-Dichloroethane. “Some people who drink water containing 1,2dichloroethane in excess of the MCL over 7. 1,1-Dichloroethylene. “Some people who drink water containing 1,1-dichloroethylene in excess of the MCL over many years could experience problems with their liver.”

8. cis-1,2-Dichloroethylene. “Some people who drink water containing cis-1,2dichloroethylene in excess of the MCL over many years could experience problems with their liver.”

9. trans-1,2-Dichloroethylene. “Some people who drink water containing trans-1,2dichloroethylene well in excess of the MCL over many years could experience problems with their liver.”

10. Dichloromethane. “Some people who drink water containing dichloromethane have liver problems and may have an 11. 1,2-Dichloropropane. “Some people who drink water containing 1,2-dichloropropane in excess of the MCL over many years may have an increased risk of getting 12. Ethylbenzene. “Some people who drink water containing ethylbenzene well in experience problems with their liver or kidneys.”

13. Styrene. “Some people who drink water containing styrene well in excess of the with their liver, kidneys, or circulatory system.”

14. Tetrachloroethylene. “Some people who drink water containing tetrachloroethylene in excess of the MCL over many years could have problems with their liver, and may 15. Toluene. “Some people who drink water containing toluene well in excess of the with their nervous system, kidneys, or liver.”

16. 1,2,4-Trichlorobenzene. “Some people who drink water containing 1,2,4trichlorobenzene well in excess of the MCL over many years could experience changes in their adrenal glands.”

17. 1,1,1-Trichloroethane. “Some people who drink water containing 1,1,1trichloroethane in excess of the MCL over many years could experience problems with their liver, nervous system, or circulatory system.”

18. 1,1,2-Trichloroethane. “Some people who drink water containing 1,1,2trichloroethane well in excess of the MCL over many years could have problems with their liver, kidneys, or immune systems.”

19. Trichloroethylene. “Some people who drink water containing trichloroethylene experience problems with their liver and may 20. Vinyl chloride. “Some people who drink water containing vinyl chloride in excess of the MCL over many years may have 21. Xylenes (total). “Some people who drink water containing xylenes in excess of damage to their nervous system.”

(G) Radioactive Contaminants.

1. Beta/photon emitters. “Certain minerals are radioactive and may emit forms of radiation known as photons and beta radiation. Some people who drink water containing beta and photon emitters in excess of the 2. Alpha emitters (Gross alpha). “Certain minerals are radioactive and may emit a form of radiation known as alpha radiation.

Some people who drink water containing alpha emitters in excess of the MCL over 3. Combined radium (226 & 228). radium 226 or 228 in excess of the MCL over 4. Uranium. “Some people who drink water containing uranium in excess of the risk of getting cancer and kidney toxicity.”

(H) Disinfection Byproducts, Byproduct Precursors, and Disinfectant Residuals.

1. Total trihalomethanes (TTHMs). trihalomethanes in excess of the MCL over many years may experience problems with their liver, kidneys, or central nervous system, and may have an increased risk of get- 2. Haloacetic Acids (HAA). “Some people who drink water containing haloacetic acids in excess of the MCL over many years 3. Bromate. “Some people who drink water containing bromate in excess of the 4. Chlorite. “Some infants and young children who drink water containing chlorite in excess of the MCL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorite in excess of the MCL. Some people may experience anemia.”

5. Chlorine. “Some people who use drinking water containing chlorine well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chlorine well in excess of the MRDL could experience stomach discomfort.”

6. Chloramines. “Some people who use drinking water containing chloramines well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chloramines well in excess of the MRDL could experience stomach discomfort or anemia.”

7. Chlorine dioxide.

A. Where any two (2) consecutive daily samples taken at the entrance to the distribution system are above the MRDL.

“Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL.

Some people may experience anemia. The chlorine dioxide violations reported today are the result of exceedances at the treatment facility only, not within the distribution system which delivers water to consumers.

Continued compliance with chlorine dioxide levels within the distribution system minimizes the potential risk of these violations to consumers.”

B. Where one (1) or more distribution system samples are above the MRDL. “Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL.

Some people may experience anemia. The chlorine dioxide violations reported today include exceedances of the EPA standard within the distribution system which delivers water to consumers. Violations of the chlorine dioxide standard within the distribution system may harm human health based on short-term exposures. Certain groups, including fetuses, infants, and young children, may be especially susceptible to nervous system effects from excessive chlorine dioxide exposure.”

8. DBP precursors (TOC). “Total organic carbon (TOC) has no health effects. However, total organic carbon provides a medium for the formation of disinfection byproducts.

These byproducts include trihalomethanes (THMs) and haloacetic acids (HAAs). Drinking water containing these byproducts in excess of the MCL may lead to adverse health effects, liver or kidney problems, or nervous system effects, and may lead to an increased (I) Other Treatment Techniques.

1. Acrylamide. “Some people who drink water containing high levels of acrylamide over a long period of time could have problems with their nervous system or blood, 2. Epichlorohydrin. “Some people who drink water containing high levels of epichlorohydrin over a long period of time could experience stomach problems, and may

Rescinded and readopted: Filed June 2, 1988, effective Aug. 31, 1988. Amended:

Filed Dec. 4, 1990, effective July 8, 1991.

Amended: Filed March 31, 1991, effective Dec. 3, 1992. Amended: Filed Aug. 4, 1992, effective May 6, 1993. Amended: Filed May 4, 1993, effective Jan. 13, 1994. Amended:

Filed Feb. 1, 1996, effective Oct. 30, 1996.

Amended: Filed Dec. 15, 1999, effective Sept. 1, 2000. Rescinded and readopted:

Filed March 17, 2003, effective Nov. 30, 2003. Amended: Filed Feb. 27, 2009, effective Oct. 30, 2009. Amended: Filed April 14, 2010, effective Dec. 30, 2010. Amended: Filed Aug. 12, 2015, effective March 30, 2016.

Amended: Filed June 13, 2018, effective Feb. 28, 2019. *Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999, 2002, 2006, 2012, 2014.

**History**
- *AUTHORITY: section 640.100, RSMo 2016. Original rule filed May 4, 1979, effective Sept. 14, 1979. Amended: Filed April 14, 1981, effective Oct. 11, 1981. Amended: Filed Aug. 4, 1987, effective Jan. 1, 1988.*

##### **10 CSR 60-8.020** Public Notice Requirements Pertaining to Lead {#sec-10-csr-60-8.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-8.020}

(Rescinded October 30, 1996)

1992. Original filed June 2, 1988, effective Aug. 31, 1988. Rescinded: Filed Feb. 1, 1996, effective Oct. 30, 1996.

**History**
- *AUTHORITY: section 640.100, RSMo Supp.*

##### **10 CSR 60-8.030** Consumer Confidence Reports {#sec-10-csr-60-8.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-8.030}

PURPOSE: This rule establishes the minimum requirements for the content of annual reports that community water systems must deliver to their customers. These reports must contain information on the quality of the water delivered by the systems and characterize the risks (if any) from exposure to contaminants detected in the drinking water in an accurate and understandable manner.

(1) Applicability, Definitions, and General Requirements.

(A) This rule applies only to community water systems.

(B) The definitions in 10 CSR 60-2.015 apply to this rule with the following exceptions:

1. For the purpose of this rule, customers are defined as billing units or service connections to which water is delivered by a community water system; and 10CODE OF STATE REGULATIONS 2. For the purpose of this rule, detected means at or above the levels prescribed by 10 CSR 60-5.010(8) for organic, inorganic, and radioactive contaminants and disinfection byproducts.

(C) Each existing community water system must deliver its report to customers by July 1 annually. The report must contain data collected during, or prior to, the previous calendar year as prescribed in paragraph (2)(D)3. of this rule.

(D) A new community water system must deliver its first report to customers by July 1 of the year after its first full calendar year in operation and annually thereafter.

(E) A community water system that sells water to another community water system must deliver to the purchasing water system the information required in subsection (2)(B), and any information required in subsections (2)(D) through (2)(G) of this rule for monitoring conducted at the source or entrypoint to the distribution system. The required information from the seller must be provided no later than April 1 annually or on a date mutually agreed upon by the seller and the purchaser that is documented in writing and signed by both parties.

(2) Content of the Reports.

(A) Each community water system must provide to its customers an annual report that contains the information specified in section (2) and section (3) of this rule.

(B) Information on the source of the water delivered— 1. Each report must identify the source(s) of the water delivered by the community water system by providing information on— A. The type of the water: e.g., surface water, ground water;

B. The commonly used name (if any) and location of the body (or bodies) of water; and C. If a source water assessment has been completed, the report must notify consumers of the availability of this information and the means to obtain it, and also include a brief summary of the system’s susceptibility to potential sources of contamination, using language provided in the source water assessment or written by the operator. If no source water assessment has been completed, systems are encouraged to highlight in the report significant sources of contamination in the source water area if they have readily available information. 2.Reserved (C) Definitions.

1. Each report must include the following definitions:

A. Maximum contaminant level goal or MCLG—The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety; and B. Maximum contaminant level or MCL—The highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology.

2. A report for a community water system operating under a variance or an exemption issued under 10 CSR 60-6.010 or 10 CSR 60-6.020 must include the following definition—Variances and exemptions—State permission not to meet an MCL or a treatment technique under certain conditions.

3. A report that contains data on a contaminant that the department regulates using the following terms must use the following definitions, as applicable:

A. Treatment technique—A required process intended to reduce the level of a contaminant in drinking water;

B. Action level—The concentration of a contaminant which, if exceeded, triggers treatment or other requirements with which a water system must comply;

C. Maximum residual disinfectant level goal or MRDLG—The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants; and D. Maximum residual disinfectant level or MRDL—The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.

4. A report that contains information regarding a Level 1 or Level 2 Assessment required under 10 CSR 60-4.022 must include the applicable definitions:

A. Level 1 Assessment: A Level 1 assessment is a study of the water system to identify potential problems and determine (if possible) why total coliform bacteria have been found in our water system.

B. Level 2 Assessment: A Level 2 assessment is a very detailed study of the water system to identify potential problems and determine (if possible) why an E. coli MCL violation has occurred and/or why total coliform bacteria have been found in our water system on multiple occasions.

(D) Information on Detected Contaminants.

1. Subsection (2)(D) specifies the requirements for information to be included in each report for contaminants subject to mandatory monitoring (except Cryptosporidium). It applies to— A. Contaminants subject to an MCL, action level, maximum residual disinfectant level, or treatment technique (regulated contaminants); and B. Disinfection by-products or microbial contaminants for which monitoring is required except as provided under paragraph (2)(E)1. of this rule, and which are detected in the finished water.

2. The data relating to these contaminants must be displayed in one (1) table or in several adjacent tables. Any additional monitoring results which a community water system chooses to include in its report must be displayed separately.

3. The data must be derived from data collected to comply with the Environmental Protection Agency and department monitoring and analytical requirements during the previous calendar year except that where a system is allowed to monitor for regulated contaminants less often than once a year, the table(s) must include the date and results of the most recent sampling and the report must include a brief statement indicating that the data presented in the report are from the most recent testing done in accordance with the regulations. The system may use the following language or similar language for their statement: “The state has reduced monitoring requirements for certain contaminants to less often than once per year because the concentrations of these contaminants are not expected to vary significantly from year-to-year.

Some of our data (e.g., for organic contaminants), though representative, is more than one (1) year old.” No data older than five (5) years need be included.

4. For detected regulated contaminants (listed in Appendix A, included herein), the table(s) must contain— A. The MCL for that contaminant expressed as a number equal to or greater than 1.0 (as provided in Appendix A, included herein);

B. The MCLG for that contaminant expressed in the same units as the MCL;

C. If there is no MCL for a detected contaminant, the table must indicate that there is a treatment technique, or specify the action level applicable to that contaminant, and the report must include the definitions for treatment technique and/or action level, as appropriate, specified in paragraph (2)(C)3. of this rule;

D. For contaminants subject to an MCL, except turbidity, total coliform, fecal coliform and E. coli, the highest contaminant level used to determine compliance with 10 CSR 60-4.030; 10 CSR 60-4.040; 10 CSR 60-4.060; 10 CSR 60-4.094; 10 CSR 60- 4.100 and the range of detected levels, as follows (when rounding of results to determine compliance with the MCL is allowed by the regulations, rounding should be done prior to multiplying the results by the factor listed in

Appendix A, included herein):

(I) When compliance with the MCL is determined annually or less frequently—the highest detected level at any sampling point and the range of detected levels expressed in the same units as the MCL;

(II) When compliance with the MCL is determined by calculating a running annual average of all samples taken at a monitoring location—the highest average of any of the monitoring locations and the range of all monitoring locations expressed in the same units as the MCL. For the MCLs for total trihalomethanes (TTHM) and haloacetic acids 5 (HAA5) in 10 CSR 60-4.094, systems must include the highest locational running annual average for TTHM and HAA5 and the range of individual sample results for all monitoring locations expressed in the same units as the MCL. If more than one (1) location exceeds the TTHM or HAA5 MCL, the system must include the locational running annual averages for all locations that exceed the MCL; and (III) When compliance with the MCL is determined on a system-wide basis by calculating a running annual average of all samples at all monitoring locations—the average and range of detection expressed in the same units as the MCL;

E. For turbidity, the highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits specified in 10 CSR 60-4.050.

(I) The report should include an explanation of the reasons for measuring turbidity, such as: “Turbidity is a measure of the cloudiness of water. We monitor turbidity because it is a good indicator of the effectiveness of our filtration system.”

(II) If an explanation of the reasons for measuring turbidity is included, it does not have to be included in the table but may be added as a footnote or narrative associated with the table;

F. For lead and copper, the ninetieth percentile value of the most recent round of sampling, the number of sampling sites exceeding the action level in that round, and the most recent source water results;

G. The likely source(s) of detected regulated contaminants to the best of the operator’s knowledge. Specific information regarding contaminants may be available in sanitary surveys and source water assessments, and should be used when available to the operator. If the operator lacks specific information on the likely source, the report must include one (1) or more of the typical sources for that contaminant which are most applicable to the system. The typical sources for a given contaminant are listed in

Appendix B, included herein; and H. For E. colianalytical results under 10 CSR 60-4.022, the total number of positive samples.

5. If a community water system distributes water to its customers from multiple hydraulically independent distribution systems that are fed by different raw water sources, the table should contain a separate column for each service area and the report should identify each separate distribution system. Alternatively, systems could produce separate reports tailored to include data for each service area.

6. The table(s) must clearly identify any data indicating violations of MCLs or treatment techniques and the report must contain a clear and readily understandable explanation of the violation including: the length of the violation, the potential adverse health effects, and actions taken by the system to address the violation. To describe the potential health effects, the system must use the relevant language of Appendix C, included herein.

7. For detected unregulated contaminants for which monitoring is required (except Cryptosporidium), the table(s) must contain the average and range at which the contaminant was detected. When detects of unregulated contaminants are reported, the report may include a brief explanation of the reasons for monitoring for unregulated contaminants using language such as: “Unregulated contaminants are those for which EPA has not established drinking water standards.

The purpose of unregulated contaminant monitoring is to assist EPA in determining the occurrence of unregulated contaminants in drinking water and whether future regulation is warranted. Information on all the contaminants that were monitored for, whether regulated or unregulated, can be obtained from this water system or the Department of Natural Resources.”

(E) Information on Cryptosporidium, Radon, and other Contaminants.

1. If the system has performed any monitoring for Cryptosporidium, which indicates that Cryptosporidiummay be present in the source water or the finished water, the report must include:

A. A summary of the results of the monitoring; and B. An explanation of the significance of the results. The system may use the following language or similar language for the explanation: “Cryptosporidiumis a microbial parasite which is found in surface water throughout the U.S. Although Cryptosporidiumcan be removed by filtration, the most commonly used filtration methods cannot guarantee one hundred percent (100%) removal. Monitoring of our source water and/or finished water indicates the presence of these organisms. Current test methods do not enable us to determine if these organisms are dead or if they are capable of causing disease. Symptoms of infection include nausea, diarrhea, and abdominal cramps. Most healthy individuals are able to overcome the disease within a few weeks. However, immuno-compromised people have more difficulty and are at greater risk of developing severe, life threatening illness. Immuno-compromised individuals are encouraged to consult their doctor regarding appropriate precautions to take to prevent infection.

Cryptosporidiummust be ingested for it to cause disease, and may be passed through other means than drinking water.”

2. If the system has performed any monitoring for radon which indicates that radon may be present in the finished water, the report must include:

A. The results of the monitoring; and B. An explanation of the significance of the results. The system may use the following language or similar language for the explanation: “Radon is a naturally occurring gas present in some ground water. It poses a lung cancer risk when the radon gas is released from water into air (as occurs during showering, bathing, or washing dishes or clothes), and a stomach cancer risk when you drink water containing radon. Radon gas released from drinking water is a relatively small part of the total radon in air. Other sources of radon gas are soils which enter homes through foundations, and radon inhaled directly while smoking cigarettes.

Experts are not sure exactly what the cancer risk is from a given level of radon in your drinking water. If you are concerned about radon in your home, test kits are available to determine the total exposure level.”

3. If the system has performed additional monitoring which indicates the presence of other contaminants in the finished water, systems are encouraged to report any results which may indicate a health concern. To determine if results may indicate a health concern, the department recommends that systems find out if the Environmental Protection Agency has proposed a National Primary Drinking Water Regulation or issued a health advisory for that contaminant by calling the Safe Drinking Water Hotline (800- 426-4791). Detects above a proposed MCL or health advisory level may indicate possible health concerns. For such contaminants, the department recommends that the report include:

A. The results of the monitoring; and B. An explanation of the significance of the results noting the existence of a health advisory or a proposed regulation.

12CODE OF STATE REGULATIONS

(F) Compliance with Department Regulations. In addition to the requirements of paragraph (2)(D)6., the report must note any violation that occurred during the year covered by the report of a requirement listed below, and include a clear and readily understandable explanation of the violation, any potential adverse health effects, and the steps the system has taken to correct the violation.

1. Monitoring and reporting of compliance data.

2. Filtration and disinfection prescribed by 10 CSR 60-4.055. For systems which have failed to install adequate filtration or disinfection equipment or processes, or have had a failure of such equipment or processes which constitutes a violation, the report must include the following language as part of the explanation of potential adverse health effects: “Inadequately treated water may conisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.”

3. Lead and copper control requirements prescribed by 10 CSR 60-15. For systems which fail to take one (1) or more actions prescribed by 10 CSR 60-15.010(4), 10 CSR 60-15.020, 10 CSR 60-15.030, 10 CSR 60- 15.040, or 10 CSR 60-15.050, the report must include the applicable language of

Appendix C to this rule for lead, copper, or both.

4. Treatment techniques for Acrylamide and Epichlorohydrin prescribed by 10 CSR 60-4.040(9). For systems which violate the requirements of 10 CSR 60-4.040(9), the report must include the relevant language from Appendix C to this rule.

5. Record keeping of compliance data.

6. Violation of the terms of a variance, an exemption, or an administrative or judicial order.

(G) Variances and Exemptions. If a system is operating under the terms of a variance or an exemption issued under 10 CSR 60-6.010 or 10 CSR 60-6.020, the report must contain— 1. An explanation of the reasons for the variance or exemption;

2. The date on which the variance or exemption was issued;

3. A brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption; and 4. A notice of any opportunity for public input in the review, or renewal, of the variance or exemption.

(H) Additional Information.

1. The report must contain a brief explanation regarding contaminants which may reasonably be expected to be found in drinking water, including bottled water. The report must include the language of subparagraph (2)(H)1.A. of this rule. This explanation must also include the information contained in subparagraphs (2)(H)1.B.–D. of this rule using this language or comparable language.

A. “Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants.

The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the Environmental Protection Agency’s Safe Drinking Water Hotline (800- 426-4791).”

B. “The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity.”

C. “Contaminants that may be present in source water include:

(I) Microbial contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.

(II) Inorganic contaminants, such as salts and metals, which can be naturallyoccurring or result from urban storm water runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming.

(III) Pesticides and herbicides, which may come from a variety of sources such as agriculture, urban storm water runoff, and residential uses.

(IV) Organic chemical contaminants, including synthetic and volatile organic chemicals, which are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, and septic systems.

(V) Radioactive contaminants, which can be naturally-occurring or be the result of oil and gas production and mining activities.”

D. “In order to ensure that tap water is safe to drink, the Department of Natural Resources prescribes regulations which limit the amount of certain contaminants in water provided by public water systems. Department of Health and Senior Services regulations establish limits for contaminants in bottled water which must provide the same protection for public health.”

2. The report must include the telephone number of the owner, operator, or designee of the community water system as a source of additional information concerning the report.

3. In communities with a large proportion of non-English speaking residents, as determined by the department, the report must contain information in the appropriate language(s) regarding the importance of the report. The report may use a notice based on the following wording: “This report contains very important information about your drinking water. Translate it or speak with someone who understands it.” The report may also contain a telephone number or address where such residents may contact the system to obtain a translated copy of the report or assistance in the appropriate language.

4. The report must include information (e.g., time and place of regularly scheduled board meetings) about opportunities for public participation in decisions that may affect the quality of the water.

5. The systems may include such additional information as they deem necessary for public education consistent with, and not detracting from, the purpose of the report.

6. Systems required to comply with the Ground Water Rule.

A. Any ground water system that receives notice from the department of a significant deficiency or notice from a laboratory of a fecal indicator-positive ground water source sample that is not invalidated by the department under 10 CSR 60-4.025(3)(D) must inform its customers of any significant deficiency that is uncorrected or of any fecal indicator-positive ground water source sample in the next report. The system must continue to inform the public annually until the department determines that the significant deficiency is corrected or the fecal contamination in the ground water source is addressed under 10 CSR 60-4.025(4)(A).

Each report must include the following:

(I) The nature of the particular significant deficiency or the source of the fecal contamination (if the source is known) and the date the significant deficiency was identified by the department or the dates of the fecal indicator-positive ground water source samples;

(II) If the fecal contamination in the ground water source has been addressed under 10 CSR 60-4.025(4)(A) and the date of such action;

(III) For each significant deficiency or fecal contamination in the ground water source that has not been addressed under 10 CSR 60-4.025(4)(A), the departmentapproved plan and schedule for correction, including interim measures, progress to date, and any interim measures completed; and (IV) If the system receives notice of a fecal indicator-positive ground water source sample that is not invalidated by the department under 10 CSR 60-4.025(3)(D), the potential health effects using the health 14CODE OF STATE REGULATIONS effects language of Appendix C of this rule.

B. If directed by the department, a system with significant deficiencies that have been corrected before the next Consumer Confidence Report is issued must inform its customers of the significant deficiency, how the deficiency was corrected, and the date of correction under subparagraph (2)(H)6.A. of this rule.

7. Systems required to comply with 10 CSR 60-4.022.

A. Any system required to comply with the Level 1 assessment requirement or a Level 2 assessment requirement that is not due to an E. coliMCL violation must include in the report the text found in parts (2)(H)7.A.(I)-(III) of this rule as appropriate, filling in the blanks accordingly and the text found in parts (2)(H)7.A.(I) and (II) of this

rule if appropriate.

(I) Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct any problems that were found during these assessments.

(II) During the past year we were required to conduct {INSERT NUMBER OF LEVEL 1 ASSESSMENTS} Level 1 assessment(s). {INSERT NUMBER OF LEVEL 1 ASSESSMENTS} Level 1 assessment(s) were completed. In addition, we were required to take {INSERT NUMBER OF CORRECTIVE ACTIONS} corrective actions and we completed {INSERT NUMBER OF CORREC- TIVE ACTIONS} of these actions.

(III) During the past year {INSERT NUMBER OF LEVEL 2 ASSESSMENTS} Level 2 assessments were required to be completed for our water system. {INSERT NUM- BER OF LEVEL 2 ASSESSMENTS} Level 2 assessments were completed. In addition, we were required to take {INSERT NUM BER OF CORRECTIVE ACTIONS} corrective actions and we completed {INSERT NUM- BER OF CORRECTIVE ACTIONS} of these actions.

(IV) Any system that has failed to complete all the required assessments or correct all identified sanitary defects, is in violation of the treatment technique requirement and must also include one (1) or both of the following statements, as appropriate:

(a) During the past year we failed to conduct all of the required assessment(s).

(b) During the past year we failed to correct all identified defects that were found during the assessment.

B. Any system required to conduct a Level 2 assessment due to an E. coliMCL violation must include in the report the text found in parts (2)(H)7.B.(I) and (II) of this

rule, filling in the blanks accordingly and the text found in subparts (2)(H)7.B.(III)(a) and (b) of this rule, if appropriate.

(I) E. coliare bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause shortterm effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems. We found E. colibacteria, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct any problems that were found during these assessments.

(II) We were required to complete a Level 2 assessment because we found E. coli in our water system. In addition, we were required to take {INSERT NUMBER OF CORRECTIVE ACTIONS} corrective actions and we completed {INSERT NUM- BER OF CORRECTIVE ACTIONS} of these actions.

(III) Any system that has failed to complete the required assessment or correct all identified sanitary defects, is in violation of the treatment technique requirement and must also include one (1) or both of the following statements, as appropriate:

(a) We failed to conduct the required assessment.

(b) We failed to correct all sanitary defects that were identified during the assessment that we conducted.

C. If a system detects E. coliand has violated the E. coliMCL, in addition to completing the table as required in paragraph (2)(D)4. of this rule, the system must include one (1) or more of the following statements to describe any noncompliance, as applicable:

(I) We had an E. coli-positive repeat sample following a total coliform-positive routine sample.

(II) We had a total coliform-positive repeat sample following an E. coli-positive routine sample.

(III) We failed to take all required repeat samples following an E. coli-positive routine sample.

(IV) We failed to test for E. coli when any repeat sample tests positive for total coliform.

D. If a system detects E. coliand has not violated the E. coliMCL, in addition to completing the table as required in paragraph (2)(D)4., the system may include a statement that explains that although they have detected E. coli, they are not in violation of the E. coli MCL.

(3) Required Additional Health Information.

(A) All reports must prominently display the following language: “Some people may be more vulnerable to contaminants in drinking water than the general population.

Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk for infections. These people should seek advice about drinking water from their healthcare providers. Environmental Protection Agency/ Centers for Disease Control guidelines on appropriate means to lessen the risk of infection by Cryptosporidiumand other microbial contaminants are available from the Safe Drinking Water Hotline (800-426-4791).”

(B) Arsenic. A system that detects arsenic at levels above 0.005 mg/L and up to and including 0.01 mg/L must include in its report a short informational statement about arsenic, using language such as: “While your drinking water meets EPA’s standard for arsenic, it does contain low levels of arsenic.

EPA’s standard balances the current understanding of arsenic’s possible health effects against the costs of removing arsenic from drinking water. EPA continues to research the health effects of low levels of arsenic, which is a mineral known to cause cancer in humans at high concentrations and is linked to other health effects such as skin damage and circulatory problems.” The system may write its own educational statement, but only in consultation with the department.

(C) A system which detects nitrate at levels above five milligrams per liter (5 mg/L), but below the MCL:

1. Must include a short informational statement about the impacts of nitrate on children using language such as: “Nitrate in drinking water at levels above ten parts per million (10 ppm) is a health risk for infants of less than six (6) months of age. High nitrate levels in drinking water can cause blue-baby syndrome. Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity. If you are caring for an infant you should ask advice from your health care provider.”

2. May write its own educational statement, but only in consultation with the department.

(D) Every Consumer Confidence Report must include the following lead-specific information:

1. A short informational statement about lead in drinking water and its effects on children. The statement must include the following information: “If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. [NAME OF UTILITY] is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for thirty (30) seconds to two (2) minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline (800-426-4791) or at http://www.epa.gov/safewater/lead”; and 2. The water system may write its own educational statement, but only in consultation with the department.

(4) Report Delivery and Record Keeping.

(A) Systems serving ten thousand (10,000) or more persons must mail or otherwise directly deliver one (1) copy of the report to each customer annually.

(B) Systems serving greater than five hundred (500) persons but fewer than ten thousand (10,000) persons must use one (1) of the following options:

1. Mail or otherwise directly deliver one (1) copy of the report to each customer annually; or 2. All of the following (Systems choosing this option must notify customers that the report will not be mailed. This notification must be published in the newspaper(s) in which the reports are published and provided with any other notification method that is used):

A. Publish the report at least once annually in one (1) or more local newspaper(s) of general circulation, as defined in

section 493.050, RSMo, serving the area in which the system is located;

B. Provide notice to their customers at least once per year by mail, or door-to-door delivery, or by continuous posting in appropriate locations that the report is available upon request; and C. Post the report continuously at the local water system office, the city/county/ regional public library, and other public buildings within the water system service area.

(C) Systems serving five hundred (500) or fewer persons must use one (1) of the options:

1. Use the method in paragraph (4)(B)1.;

2. Use the method in paragraph (4)(B)2.; or 3. Provide notice at least once per year to their customers by mail, or door-to-door delivery, or by continuous posting in appropriate locations that the report is available upon request; and post the report continuously at the local water system office and the city/county/regional public library.

(D) Each community water system must make its reports available to the public upon request.

(E) In addition to the delivery requirement in subsection (4)(A) of this rule, each community water system serving one hundred thousand (100,000) or more persons must post its current year’s report to a publiclyaccessible site on the Internet. Other water systems with access to a publicly-accessible Internet site are encouraged to use the Internet as an additional method of distribution.

(F) The system must make a good faith effort to reach consumers who do not get water bills, using means recommended by the department. The department expects that an adequate good faith effort will be tailored to the consumers who are served by the system but are not bill-paying customers, such as renters or workers. A good faith effort to reach consumers would include a mix of methods appropriate to the particular system such as: Posting the reports on the Internet; mailing to postal patrons in metropolitan areas; advertising the availability of the report in the news media; publication in a local newspaper; posting in libraries or other public places such as cafeterias or lunch rooms of public buildings; delivery of multiple copies for distribution by single-biller customers such as apartment buildings or private employers; delivery to community organizations.

(G) No later than the date the system is required to distribute the report to its customers, each community water system must mail a copy of the report to the department, followed within three (3) months by a certification, on a form provided by the department, that the report has been distributed to customers, and that the information is correct and consistent with the compliance monitoring data previously submitted to the department.

(H) No later than the date the system is required to distribute the report to its customers, each community water system must deliver the report to any other agency or clearinghouse identified by the department.

(I) Any system subject to this rule must retain copies of its consumer confidence report for no less than three (3) years.

16CODE OF STATE REGULATIONS

Key AL = Action Level MCL = Maximum Contaminant Level MCLG = Maximum Contaminant Level Goal MFL = million fibers per Liter mrem/year = millirems per year (a measure of radiation absorbed by the body)

NTU = Nephelometric Turbidity Units pCi/L = picocuries per Liter (a measure of radioactivity) ppm = parts per million, or milligrams per Liter (mg/L) ppb = parts per billion, or micrograms per Liter (μg/L) ppt = parts per trillion, or nanograms per Liter ppq = parts per quadrillion, or picograms per Liter TT = Treatment Technique &RQWDPLQDQW0&/LQ FRPSOLDQFH XQLWV PJ/  0XOWLSO\ E\ 0&/LQ&&5XQLWV 0&/*LQ&&5 XQLWV 0LFURELRORJLFDO&RQWDPLQDQWV   7RWDO&ROLIRUP%DFWHULD      E. coli  5RXWLQHDQGUHSHDW VDPSOHVDUHWRWDO DQGHLWKHULVE coli± SRVLWLYHRUV\VWHP IDLOVWRWDNHUHSHDW VDPSOHVIROORZLQJE coliSRVLWLYHURXWLQH VDPSOHRUV\VWHP IDLOVWRDQDO\]HWRWDO UHSHDWVDPSOHIRUE coli   5RXWLQHDQGUHSHDW VDPSOHVDUHWRWDO DQGHLWKHULVE coli± SRVLWLYHRUV\VWHP IDLOVWRWDNHUHSHDW VDPSOHVIROORZLQJE coliSRVLWLYHURXWLQH VDPSOHRUV\VWHPIDLOV WRDQDO\]HWRWDO UHSHDWVDPSOHIRUE coli.  7RWDORUJDQLFFDUERQ SSP  77771$ 7XUELGLW\7777 178 1$ )HFDO77,QGLFDWRUV HQWHURFRFFLRUFROLSKDJH  771$ 5DGLRDFWLYH&RQWDPLQDQWV %HWDSKRWRQHPLWWHUVPUHP\UPUHP\U $OSKDHPLWWHUVS&L/S&L/ &RPELQHGUDGLXPS&L/S&L/ 8UDQLXP S&L/ —J/ ,QRUJDQLF&RQWDPLQDQWV $QWLPRQ\SSE $UVHQLFSSE $VEHVWRV0)/0)/ %DULXPSSP %HU\OOLXPSSE %URPDWH SSE  &DGPLXPSSE &KORUDPLQHV SSP 05'/ 05'/  &KORULQH SSP 05'/ 05'/  &KORULQHGLR[LGH SSE 05'/ 05'/  &KORULWH SSP  &KURPLXPSSE &RSSHU$/ $/ SSP &\DQLGHSSE )OXRULGHSSP /HDG$/ $/ SSE 0HUFXU\ LQRUJDQLF SSE 1LWUDWH DV1LWURJHQ SSP 1LWULWH DV1LWURJHQ SSP 6HOHQLXPSSE 7KDOOLXPSSE 6\QWKHWLF2UJDQLF &RQWDPLQDQWV,QFOXGLQJ 3HVWLFLGHVDQG+HUELFLGHV 'SSE 73>6LOYH[@SSE $FU\ODPLGH77 $ODFKORUSSE

Appendix A to 10 CSR 60-8.030 Converting MCL Compliance Values for Consumer Confidence Reports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ey AL=Action Level MCL=Maximum Contaminant Level MCLG=Maximum Contaminant Level Goal MFL=million fibers per Liter mrem/year=millirems per year (a measure of radiation absorbed by the body)

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Appendix C to 10 CSR 60-8.030 Health Effects Language Microbiological Contaminants (1) Total Coliform. “Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in the water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct any problems that were found during these assessments.”

(2) E.coli. “E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems.”

(3) Total organic carbon. “Total organic carbon (TOC) has no health effects. However, total organic carbon provides a medium for the formation of disinfection by-products. These by-products include trihalomethanes (THMs) and haloacetic acids (HAAs5). Drinking water containing these by-products in excess of the MCL may lead to adverse health effects, liver or kidney problems, or nervous system effects, and may lead to an increased risk of getting cancer.”

(4) Turbidity. “Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth.

Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.”

(5) Fecal Indicators under the Ground Water Rule (E. coli, enterococci, or coliphage). “Fecal indicators are microbes whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause short-term health effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly, and people with severely compromised immune systems.”

Radioactive Contaminants (6) Beta/photon emitters. “Certain minerals are radioactive and may emit forms of radiation known as photons and beta radiation. Some people who drink water containing beta and photon emitters in excess of the MCL over many years may have an increased risk of getting cancer.”

(7) Alpha emitters. “Certain minerals are radioactive and may emit a form of radiation known as alpha radiation. Some people who drink water containing alpha emitters in excess of the MCL over many years may have an increased risk of getting cancer.”

(8) Combined Radium 226/228. “Some people who drink water containing radium 226 or 228 in excess of the MCL over many years may (9) Uranium. “Some people who drink water containing uranium in excess of the MCL over many years may have an increased risk of getting cancer and kidney toxicity.”

Inorganic Contaminants (10) Antimony. “Some people who drink water containing antimony well in excess of the MCL over many years could experience increases in blood cholesterol and decreases in blood sugar.”

(11) Arsenic. “Some people who drink water containing arsenic in excess of the MCL over many years could experience skin damage or problems with their circulatory system, and may have an increased risk of getting cancer.”

(12) Asbestos. “Some people who drink water containing asbestos in excess of the MCL over many years may have an increased risk of developing benign intestinal polyps.”

(13) Barium. “Some people who drink water containing barium in excess of the MCL over many years could experience an increase in their blood pressure.”

(14) Beryllium. “Some people who drink water containing beryllium well in excess of the MCL over many years could develop intestinal lesions.”

(15) Bromate. “Some people who drink water containing bromate in excess of the MCL over many years may have an increased risk of get- (16) Cadmium. “Some people who drink water containing cadmium in excess of the MCL over many years could experience kidney damage.”

(17) Chloramines. “Some people who use water containing chloramines well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chloramines well in excess of the MRDL could experience stomach discomfort or anemia.”

(18) Chlorine. “Some people who use water containing chlorine well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chlorine well in excess of the MRDL could experience stomach discomfort.”

(19) Chlorine dioxide. “Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia.”

(20) Chlorite. “Some infants and young children who drink water containing chlorite in excess of the MCL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorite in excess of the MCL. Some people may experience anemia.”

22CODE OF STATE REGULATIONS

(21) Chromium. “Some people who use water containing chromium well in excess of the MCL over many years could experience allergic dermatitis.”

(22) Copper. “Copper is an essential nutrient, but some people who drink water containing copper in excess of the action level over a relatively short amount of time could experience gastrointestinal distress. Some people who drink water containing copper in excess of the action level over many years could suffer liver or kidney damage. People with Wilson’s Disease should consult their personal doctor.”

(23) Cyanide. “Some people who drink water containing cyanide well in excess of the MCL over many years could experience nerve damage or problems with their thyroid.”

(24) Fluoride. “Some people who drink water containing fluoride in excess of the MCL over many years could get bone disease, including pain and tenderness of the bones. Fluoride in drinking water at half the MCL or more may cause mottling of children’s teeth, usually in children less than nine years old. Mottling, also known as dental fluorosis, may include brown staining and/or pitting of the teeth, and occurs only in developing teeth before they erupt from the gums.”

(25) Lead. “Infants and children who drink water containing lead in excess of the action level could experience delays in their physical or mental development. Children could show slight deficits in attention span and learning abilities. Adults who drink this water over many years could develop kidney problems or high blood pressure.”

(26) Mercury (inorganic). “Some people who drink water containing inorganic mercury well in excess of the MCL over many years could experience kidney damage.”

(27) Nitrate. “Infants below the age of six months who drink water containing nitrate in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue-baby syndrome.”

(28) Nitrite. “Infants below the age of six months who drink water containing nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue-baby syndrome.”

(29) Selenium. “Selenium is an essential nutrient. However, some people who drink water containing selenium in excess of the MCL over many years could experience hair or fingernail losses, numbness in fingers or toes, or problems with their circulation.”

(30) Thallium. “Some people who drink water containing thallium in excess of the MCL over many years could experience hair loss, changes in their blood, or problems with their kidneys, intestines, or liver.”

Synthetic Organic Contaminants Including Pesticides and Herbicides (31) 2,4-D. “Some people who drink water containing the weed killer 2,4-D well in excess of the MCL over many years could experience problems with their kidneys, liver, or adrenal glands.”

(32) 2,4,5-TP (Silvex). “Some people who drink water containing silvex in excess of the MCL over many years could experience liver problems.”

(33) Acrylamide. “Some people who drink water containing high levels of acrylamide over a long period of time could have problems with their nervous system or blood, and may have an increased risk of getting cancer.”

(34) Alachlor. “Some people who drink water containing alachlor in excess of the MCL over many years could have problems with their eyes, liver, kidneys, or spleen, or experience anemia, and may have an increased risk of getting cancer.”

(35) Atrazine. “Some people who drink water containing atrazine well in excess of the MCL over many years could experience problems with their cardiovascular system or reproductive difficulties.”

(36) Benzo(a)pyrene (PAH). “Some people who drink water containing benzo(a)pyrene in excess of the MCL over many years may experience reproductive difficulties and may have an increased risk of getting cancer.”

(37) Carbofuran. “Some people who drink water containing carbofuran in excess of the MCL over many years could experience problems with their blood, or nervous or reproductive systems.”

(38) Chlordane. “Some people who drink water containing chlordane in excess of the MCL over many years could experience problems with their liver or nervous system, and may have an increased risk of getting cancer.”

(39) Dalapon. “Some people who drink water containing dalapon well in excess of the MCL over many years could experience minor kidney changes.”

(40) Di(2-ethylhexyl)adipate. “Some people who drink water containing di(2-ethylhexyl)adipate well in excess of the MCL over many years could experience toxic effects such as weight loss, liver enlargement, or possible reproductive difficulties.”

(41) Di(2-ethylhexyl)phthalate. “Some people who drink water containing di(2-ethylhexyl)phthalate well in excess of the MCL over many years may have problems with their liver, or experience reproductive difficulties, and may have an increased risk of getting cancer.”

(42) Dibromochloropropane (DBCP). “Some people who drink water containing DBCP in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.”

(43) Dinoseb. “Some people who drink water containing dinoseb well in excess of the MCL over many years could experience reproductive difficulties.”

(44) Dioxin (2,3,7,8-TCDD). “Some people who drink water containing dioxin in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.”

(45) Diquat. “Some people who drink water containing diquat in excess of the MCL over many years could get cataracts.”

(46) Endothall. “Some people who drink water containing endothall in excess of the MCL over many years could experience problems with their stomach or intestines.”

(47) Endrin. “Some people who drink water containing endrin in excess of the MCL over many years could experience liver problems.”

(48) Epichlorohydrin. “Some people who drink water containing high levels of epichlorohydrin over a long period of time could experience stomach problems, and may have an increased risk of getting cancer.”

(49) Ethylene dibromide. “Some people who drink water containing ethylene dibromide in excess of the MCL over many years could experience problems with their liver, stomach, reproductive system, or kidneys, and may have an increased risk of getting cancer.”

(50) Glyphosate. “Some people who drink water containing glyphosate in excess of the MCL over many years could experience problems with their kidneys or reproductive difficulties.”

(51) Heptachlor. “Some people who drink water containing heptachlor in excess of the MCL over many years could experience liver damage and may have an increased risk of getting cancer.”

(52) Heptachlor epoxide. “Some people who drink water containing heptachlor epoxide in excess of the MCL over many years could experience liver damage, and may have an increased risk of getting cancer.”

(53) Hexachlorobenzene. “Some people who drink water containing hexachlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys, or adverse reproductive effects, and may have an increased risk of getting cancer.”

(54) Hexachlorocyclopentadiene. “Some people who drink water containing hexachlorocyclopentadiene well in excess of the MCL over many years could experience problems with their kidneys or stomach.”

(55) Lindane. “Some people who drink water containing lindane in excess of the MCL over many years could experience problems with their kidneys or liver.”

(56) Methoxychlor. “Some people who drink water containing methoxychlor in excess of the MCL over many years could experience reproductive difficulties.”

(57) Oxamyl (Vydate). “Some people who drink water containing oxamyl in excess of the MCL over many years could experience slight nervous system effects.”

(58) PCBs (Polychlorinated biphenyls). “Some people who drink water containing PCBs in excess of the MCL over many years could experience changes in their skin, problems with their thymus gland, immune deficiencies, or reproductive or nervous system difficulties, and may (59) Pentachlorophenol. “Some people who drink water containing pentachlorophenol in excess of the MCL over many years could experience problems with their liver or kidneys, and may have an increased risk of getting cancer.”

(60) Picloram. “Some people who drink water containing picloram in excess of the MCL over many years could experience problems with their liver.”

(61) Simazine. “Some people who drink water containing simazine in excess of the MCL over many years could experience problems with their blood.”

(62) Toxaphene. “Some people who drink water containing toxaphene in excess of the MCL over many years could have problems with their kidneys, liver, or thyroid, and may have an increased risk of getting cancer.”

Volatile Organic Contaminants (63) Benzene. “Some people who drink water containing benzene in excess of the MCL over many years could experience anemia or a decrease in blood platelets, and may have an increased risk of getting cancer.”

(64) Carbon Tetrachloride. “Some people who drink water containing carbon tetrachloride in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.”

(65) Chlorobenzene. “Some people who drink water containing chlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys.”

(66) o-Dichlorobenzene. “Some people who drink water containing o-dichlorobenzene well in excess of the MCL over many years could experience problems with their liver, kidneys, or circulatory systems.”

(67) p-Dichlorobenzene. “Some people who drink water containing p-dichlorobenzene in excess of the MCL over many years could experience anemia, damage to their liver, kidneys, or spleen, or changes in their blood.”

(68) 1,2-Dichloroethane. “Some people who drink water containing 1,2-dichloroethane in excess of the MCL over many years may have an (69) 1,1-Dichloroethylene. “Some people who drink water containing 1,1-dichloroethylene in excess of the MCL over many years could experience problems with their liver.”

(70) cis-1,2-Dichloroethylene. “Some people who drink water containing cis-1,2-dichloroethylene in excess of the MCL over many years could experience problems with their liver.”

(71) trans-1,2-Dicholoroethylene. “Some people who drink water containing trans-1,2-dichloroethylene well in excess of the MCL over many years could experience problems with their liver.”

(72) Dichloromethane. “Some people who drink water containing dichloromethane in excess of the MCL over many years could have liver problems and may have an increased risk of getting cancer.”

(73) 1,2-Dichloropropane. “Some people who drink water containing 1,2-dichloropropane in excess of the MCL over many years may have (74) Ethylbenzene. “Some people who drink water containing ethylbenzene well in excess of the MCL over many years could experience problems with their liver or kidneys.”

(75) Haloacetic Acids (HAA). “Some people who drink water containing haloacetic acids in excess of the MCL over many years may have (76) Styrene. “Some people who drink water containing styrene well in excess of the MCL over many years could have problems with their liver, kidneys, or cir culatory system.”

(77) Tetrachloroethylene. “Some people who drink water containing tetrachloroethylene in excess of the MCL over many years could have problems with their liver, and may have an increased risk of getting cancer.”

24CODE OF STATE REGULATIONS

(78) 1,2,4-Trichlorobenzene. “Some people who drink water containing 1,2,4-trichlorobenzene well in excess of the MCL over many years could experience changes in their adrenal glands.”

(79) 1,1,1-Trichloroethane. “Some people who drink water containing 1,1,1-trichloroethane in excess of the MCL over many years could experience problems with their liver, nervous system, or circulatory system.”

(80) 1,1,2-Trichloroethane. “Some people who drink water containing 1,1,2-trichloroethane well in excess of the MCL over many years could have problems with their liver, kidneys, or immune systems.”

(81) Trichloroethylene. “Some people who drink water containing trichloroethylene in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.”

(82) TTHMs (Total Trihalomethanes). “Some people who drink water containing trihalomethanes in excess of the MCL over many years may experience problems with their liver, kidneys, or central nervous systems, and may have an increased risk of getting cancer.”

(83) Toluene. “Some people who drink water containing toluene well in excess of the MCL over many years could have problems with their nervous system, kidneys, or liver.”

(84) Vinyl Chloride. “Some people who drink water containing vinyl chloride in excess of the MCL over many years may have an increased (85) Xylenes. “Some people who drink water containing xylenes in excess of the MCL over many years could experience damage to their nervous system.”

Amended: Filed June 13, 2018, effective Feb. 28, 2019. *Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999, 2002, 2006, 2012, 2014 and 640.125, RSMo 1978, amended 1998.

**History**
- *AUTHORITY: sections 640.100 and 640.125.1, RSMo 2016. Original rule filed July 1, 1999, effective March 30, 2000. Amended: Filed March 17, 2003, effective Nov. 30, 2003. Amended: Filed Feb. 27, 2009, effective Oct. 30, 2009. Amended: Filed April 14, 2010, effective Dec. 30, 2010. Amended: Filed Oct. 17, 2011, effective May 30, 2012. Amended: Filed Aug. 12, 2015, effective March 30, 2016.*

### **Chapter 9** Record Maintenance

##### **10 CSR 60-9.010** Requirements for Maintaining Public Water System Records {#sec-10-csr-60-9.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-9.010}

PURPOSE: This rule sets out requirements for record maintenance by water suppliers at their premises for the indicated time periods.

(1) All suppliers of water to a public water system must retain records on their premises or at a convenient location near their premises as follows:

(A) Records of microbiological analyses, turbidity analyses, and operational analyses must be retained for a minimum of five (5) years. Records of chemical analyses must be retained for a minimum of ten (10) years.

Actual laboratory reports used in the previous analyses must be retained for the appropriate period given previously. In lieu of an original report or copy, laboratory data may be transferred to tabular summaries provided the following information is included: the date, address, place, and time of sampling; identification of the sample (that is, a routine distribution system sample, check sample, raw or other special purpose water sample); date of analysis; laboratory and person responsible for performing analysis; analytical method used and the results of the analysis;

(B) Records of action taken by the system to correct violations of these rules must be retained for a period of at least three (3) years after the last action taken to correct the violation;

(C) Copies of any written reports, summaries, or communications relating to sanitary surveys of the system conducted by the system itself, by a private consultant, or by any local, state, or federal agency must be retained for at least ten (10) years after completion of the sanitary survey;

(D) Records concerning a variance or exemption granted to the system must be retained for a period of at least five (5) years following the expiration of the variance or exemption;

(E) Original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, state determinations, and any other information required by 10 CSR 60-5.010, 10 CSR 60-5.020, 10 CSR 60- 7.020, and 10 CSR 60-15.010–10 CSR 60- 15.090 must be retained for no fewer than twelve (12) years;

(F) Copies of public notices issued pursuant to 10 CSR 60-8.010 and certifications issued to the department pursuant to 10 CSR 60-7.010(10) shall be kept for at least three (3) years after issuance; and (G) Copies of monitoring plans shall be kept for the same period of time as the records of analyses taken under the plan are required to be kept under subsection (1)(A) of this rule, except as specified elsewhere in 10 CSR 60.

(2) Any records or reports pertaining to the water supply system must be furnished to the department upon request.

(3) Additional Record-Keeping Requirements under the Long-Term 2 Enhanced Surface Water Treatment Rule.

(A) Systems must keep results from the initial round of source water monitoring under 10 CSR 60-4.052(2)(A) and the second round of source water monitoring under 10 CSR 60-4.052(2)(B) until three (3) years after bin classification under 10 CSR 60- 4.052(10).

(B) Systems must keep any notification to the department that they will not conduct source water monitoring due to meeting the criteria of 10 CSR 60-4.052(2)(D) for three (3) years.

(C) Systems must keep the results of treatment monitoring associated with microbial toolbox options under 10 CSR 60-4.052(14)– (18) for three (3) years.

(4) Record-Keeping Requirements for the Ground Water Rule. These requirements are in addition to any other applicable recordkeeping requirements of this rule.

(A) Documentation of corrective actions shall be kept for a period of not less than ten (10) years.

(B) Documentation of notice to the public as required under 10 CSR 60-4.025(4)(A)7. shall be kept for a period of not less than three (3) years.

(C) Records of decisions under 10 CSR 60- 4.025(3)(A)6.B. and records of invalidation of fecal indicator-positive ground water source samples under 10 CSR 60-4.025(3)(C).

Documentation shall be kept for a period of not less than five (5) years.

(D) For consecutive systems, documentation of notification to the wholesale system(s) of total-coliform positive samples that are not invalidated under 10 CSR 60-4.022(3) shall be kept for a period of not less than five (5) years.

(E) For systems, including wholesale systems, that are required to perform compliance monitoring under 10 CSR 60- 4.025(4)(B) shall maintain— 1. Records of the department-specified minimum disinfectant residual for a period of not less than ten (10) years;

2. Records of the lowest daily residual disinfectant concentration and records of the date and duration of any failure to maintain the department-prescribed minimum residual disinfectant concentration for a period of more than four (4) hours. Documentation shall be kept for a period of not less than five (5) years; and 3. Records of department-specified compliance requirements for membrane filtration and of parameters specified by the department for department-approved alternative treatment and records of the date and duration of any failure to meet the membrane operating, membrane integrity, or alternative treatment operating requirements for more than four (4) hours. Documentation shall be kept for a period of not less than five (5) years.

(5) Recordkeeping requirements of the Revised Total Coliform Rule.

(A) The system must maintain Level 1 and Level 2 assessment forms, regardless of who conducts the assessment, and documentation of corrective actions completed as a result of those assessments, or other available summary documentation of the sanitary defects and corrective actions taken under 10 CSR 60- 4.022(9) for department review. This record must be maintained by the system for a period not less than five (5) years after completion of the assessment or corrective action.

(B) The system must maintain a record of any repeat sample taken that meets department criteria for an extension of the twentyfour- (24-) hour period for collecting repeat samples as provided for under 10 CSR 60- 4.022(8)(A)1.

Amended: Filed Feb. 27, 2009, effective Oct. 30, 2009. Amended: Filed April 14, 2010, effective Dec. 30, 2010. Amended: Filed Aug. 12, 2015, effective March 30, 2016.

Amended: Filed June 13, 2018, effective Feb. 28, 2019. *Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999, 2002, 2006, 2012, 2014.

JOHNR. ASHCROFT(1/29/19)

**History**
- *AUTHORITY: section 640.100, RSMo 2016. Original rule filed May 4, 1979, effective Sept. 14, 1979. Amended: Filed Aug. 4, 1992, effective May 6, 1993. Amended: Filed March 17, 2003, effective Nov. 30, 2003.*

### **Chapter 10** Plans and Specifications; Siting Requirements; Recreational Use of Impoundments

##### **10 CSR 60-10.040** Prohibition of Lead Pipes, Lead Pipe Fittings, and Lead Solder and RESOURCES WATER COMMISSION Requirements; Recreational Use of Impoundments {#sec-10-csr-60-10.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-10.040}

##### **10 CSR 60-10.010** Plans and Specifications {#sec-10-csr-60-10.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-10.010}

PURPOSE: This rule sets forth requirements for submission, review and approval of engineering reports, plans and specifications for community water supply planning and construction.

(1) Report Required. When plans are being made by a supplier of water to a community water system or subdivision for constructing expansions, modifications, and improvements of the water supply source, water treatment facility, or for the development of a new community water system or subdivision, the supplier of water shall submit an engineer-prepared report to the department for review and approval. Upon receipt of an engineering report, the department will evaluate the report and either approve the report in writing or outline the requirements for further investigation.

(A) Written approval of the engineering report shall be obtained before construction plans and specifications are finalized, unless otherwise approved by the department.

(B) Engineering reports need not be submitted to the department for facilities constructed under a supervised program.

(C) If the original approved report is more than two (2) years old, an updated engineering report must be submitted before final plans and specifications will be reviewed or as deemed necessary by the department.

(2) Plans and Specifications Required.

(A) Construction Permit Authorization.

1. Every supplier of water to a community water supply or a water system serving a subdivision must submit to the department, plans and specifications prepared by an engineer for review and issuance of a written approval to construct prior to initiating construction of— A. A new water treatment facility(ies), new water supply source(s), and/or a new distribution system; and B. Expansions or modifications of existing water treatment facilities which would significantly change or alter plant capacity or treatment processes, modification of an existing water supply source which might reasonably result in significant change in the quality or quantity of water originally approved for the source, or expansion or modification of water distribution systems unless a supervised program of design, construction, and construction supervision is maintained by the supplier of water.

2. The department will review plans and specifications, advise the supplier of water and his/her engineer of the review findings, and outline additional information or changes necessary for approval.

3. The department may approve the plans and specifications by issuance of a written approval to construct which will describe the facilities to be constructed along with any comments or conditions of approval.

(B) Owner Supervised Program.

1. A supplier of water to a community water supply that desires to conduct a supervised program for construction of water distribution systems, in lieu of submitting plans for approval, must submit to the department a written request for approval.

2. Approval of supervised programs may be granted for a period of up to five (5) years. Supervised programs will be periodically reviewed by the department and may be revoked should the supplier of water fail to conduct the program in accordance with the approved plan.

3. Upon revocation of a supervised program, engineering plans and specifications must be submitted to the department for review and issuance of a written approval to construct.

4. A modification(s) to an approved supervised program may be made by written request to the department.

5. A supervised program shall provide the following minimum elements:

A. Sizing water mains and appurtenances with minimum four-inch (4") diameters so that a minimum pressure of twenty pounds per square inch (20 psi) is maintained under normal flow conditions. Requests for approval to install lesser diameter water mains may be granted by the department upon submission of standard design data, including a hydraulic analysis;

B. Maintenance of permanent records and drawings for review by the department, of the entire water distribution network including all appurtenances to the network, such as valves, hydrants, and cleanouts, along with plans and specifications of projects under construction;

C. Protection of water mains during construction from sources of contamination by— (I) Maintaining at least a ten-foot (10') horizontal separation of water mains from any existing or proposed sanitary sewer, force main, or storm sewer. The distance must be measured edge-to-edge. Installation of the water main closer to a sanitary sewer is acceptable where the water main is laid in a separate trench or on an undisturbed earth shelf located on one (1) side of the sanitary sewer at an elevation so the bottom of the water main is at least eighteen inches (18") above the top of the sanitary sewer;

(II) Providing a minimum vertical distance of eighteen inches (18") between the outside of the water main and the outside of the sanitary sewer, force main, or storm sewer where water mains cross sanitary sewer mains, force mains, or storm sewers. This shall be the case where the water main is either above or below the sanitary sewer, force main, or storm sewer. At crossings, one (1) full length of water pipe must be located so both joints will be as far from the sanitary sewer, force main, or storm sewer line as possible. Special structural support for the water and sanitary sewer, force main, or storm sewer pipes may be required;

(III) Locating water mains so that they do not pass through or come in contact with any sanitary sewer manhole; and (IV) Consulting with the department as to the precautions necessary where the conditions in parts (2)(B)5.C.(I)–(IV) cannot be met.

(3) If construction has not commenced within two (2) years after the date of issue or there is a halt in construction of more than two (2) years, the approval to construct will be void unless an extension of time has been granted by the department.

(4) All construction work must conform to approved plans and specifications.

(A) Should it be necessary or desirable to make a material change in the approved design which will affect water quality, capacity, and sanitary features or performance, revised plans and specifications, together with a written statement of the reasons for the change, must be submitted to the department for review and approval must be obtained in writing before the work affected by the change is undertaken.

(9/30/24) John R. Ashcroft WATER COMMISSION RESOURCES (B) Minor revisions not affecting water quality, capacity, flow, sanitary features or performance will be permitted during construction without further approval; provided, as-built plans documenting these changes are submitted to the department.

(5) Final Approval of Construction.

(A) A final inspection completed by the department or certified by an engineer with the approval of the department.

(B) Construction conformance with the approved plans and specifications and any changes documented by the submission of two (2) copies of as-built plans with the affixed seal of the engineer.

(C) A supplier of water having an approved supervised program for construction does not need additional approval of construction for work completed under that program.

(6) The department will review engineering reports, engineering plans and specifications, requests for approval of supervised water main extension programs, and carry out inspections required for final approval of construction within thirty (30) working days of receipt of request. Review time is subject to emergency conditions, manpower availability or other factors beyond department control.

(7) Essential portions of copies of engineering documents will be kept on file by the department.

**History**
- *AUTHORITY: section 640.100, RSMo 2016. Original rule filed May 4, 1979, effective Sept. 14, 1979. Amended: Filed April 14, 1981, effective Oct. 11, 1981. Amended: Filed April 13, 2018, effective Dec. 30, 2018. Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999, 2002, 2006, 2012, 2014.*

##### **10 CSR 60-10.020** Siting Requirements {#sec-10-csr-60-10.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-10.020}

PURPOSE: This rule establishes requirements for siting of new or expanded water systems.

(1) To the extent practicable, all new or expanded water systems must not be located on a site which— (A) Is subject to a significant risk from earthquakes, floods, fires, pollution or other disasters which could cause a breakdown of the public water system or a portion of the system; and (B) Except for intake structures, is within the floodplain of a one hundred (100)-year flood where appropriate records exist.

**History**
- *AUTHORITY: section 640.100, RSMo Supp. 1989. Original rule filed May 4, 1979, effective Sept. 14, 1979. Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989.*

##### **10 CSR 60-10.030** Recreational Use of Public Water Supply Impoundments {#sec-10-csr-60-10.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-10.030}

PURPOSE: This rule establishes limitations on recreational use of water supply impoundments.

(1) Every supplier of water to a public water supply must apply for and secure the approval of the department before permitting the use of public water supply impoundments for recreational usage.

(A) Regulated recreational activities are permitted when provisions for these activities are included in the original planning, construction and approval of the impoundment and water treatment facilities.

(B) Recreational activities proposed for existing impoundments will be appraised in the light of the effect on the primary purposes of the impoundment, the capability of the water treatment works, the physical adaptability of the impoundment to the desired recreational use and the maintenance of public confidence in the water supply.

(2) Where recreational activities are permitted, provisions must be made for local enforcement where applicable. Rules must be posted and maintained in legible condition at conspicuous points in the impoundment area.

**History**
- *AUTHORITY: section 640.100, RSMo Supp. 1989. Original rule filed May 4, 1979, effective Sept. 14, 1979. Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989.*

##### **10 CSR 60-10.040** Prohibition of Lead Pipes, Lead Pipe Fittings, and Lead Solder and Flux {#sec-10-csr-60-10.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-10.040}

PURPOSE: This rule protects public water systems and the customer water systems connected to the public water systems from the leaching of lead into the drinking water.

(1) This rule applies to all public water systems.

(2) For the purpose of this rule, the term lead free means— (A) Not containing more than two-tenths percent (0.2%) lead when used with respect to solder and flux; and (B) Not more than a weighted average of twenty-five hundredths of a percent (0.25%) lead when used with respect to the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures.

(3) As of January 1, 1989, no person may use any pipe, any pipe or plumbing fitting or fixture, any solder, or any flux that is not lead free as defined in section (2) of this rule in the installation or repair of any public water system or any plumbing in a residential or nonresidential facility providing water for human consumption. This section shall not apply to leaded joints necessary for the repair of cast iron pipes or the installation of fire hydrants.

(4) Any customer water system constructed, expanded, modified, or repaired after January 1, 1989, that is connected to a public water system, and later is found to contain materials that are not lead free, shall have the water meter removed or otherwise have the service line severed from the public water system when the supplier of water is so ordered by the appropriate local governmental authority (if one exists) or by the department. The requirements of this section shall not apply to any customer water system previously served by a water system other than a public water system.

(5) All community public water systems must have a locally enforceable mechanism, such as an ordinance, resolution, bylaw, or contract in place to require that any pipe, pipe fitting, plumbing fitting, plumbing fixture, solder, or flux installed or used as part of a repair at any residential or nonresidential RESOURCES WATER COMMISSION facility which is connected to the public water system be lead free.

(6) No ordinance or rule established by a unit of local government or a supplier of water for the prohibition of lead pipe, lead pipe fittings, and lead solder and flux shall be less stringent than the requirements of this rule.

**History**
- *AUTHORITY: section 640.100, RSMo Supp. 2023. Original rule filed June 2, 1988, effective Aug. 31, 1988. Amended: Filed Aug. 14, 2001, effective April 30, 2002. Amended: Filed March 14, 2024, effective Oct. 30, 2024. Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999, 2002, 2006, 2012, 2014, 2023.*

### **Chapter 11** Backflow Prevention

##### **10 CSR 60-11.010** Prevention of Backflow {#sec-10-csr-60-11.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-11.010}

PURPOSE: This rule establishes requirements for protection of public water systems from introduction of contaminants by backflow.

(1) Applicability, Exemptions and Compliance Dates.

(A) Applicability. This rule applies to all community water systems.

(B) Exemptions.

1. This rule does not apply to customer facilities used solely for residential purposes unless a cross-connection is specifically identified or the rule indicates otherwise.

2. The department may issue an exemption from the requirements of paragraphs (3)(A)1. and (3)(B)1. of this rule if the customer can demonstrate to the department, the local governmental authority (if one exists) and the supplier of water that the activities taking place at the customer’s facility and the materials used in connection with these activities or stored on the premises cannot endanger the health of customers or degrade the water quality of the public water system should backflow occur, or that any potential risk posed by these materials or activities is isolated from the public water system. Those customers granted an exemption in accordance with this paragraph shall report to the supplier of water any proposed change in process, plumbing or materials used or stored at the exempted facility at least fourteen (14) days prior to making the change.

3. Any exemption granted under paragraph (1)(B)2. of this rule shall be void if the supplier of water, local governmental authority (if one exists) or the department determines that the customer facility has become an actual or potential backflow hazard, or if the customer fails to provide notice at least fourteen (14) days prior to making any change in process, plumbing or materials used or stored at the facility.

(2) Cross-Connections. No customer shall cause or allow the construction or maintenance of an unprotected cross-connection.

(3) Backflow Control by Containment.

(A) Class I Backflow Hazards.

1. A Class I backflow hazard presents an actual or potential health hazard to customers of the public water system should backflow occur. The customer or the customer’s authorized representative shall construct a department-approved air-gap separation or install a reduced pressure principle backflow prevention assembly on the customer service line, in accordance with section (4) of this rule, when— A. The supplier of water or local governmental agency (if one exists) requires protection from an actual or potential Class I backflow hazard at any facility;

B. Modification is made to the customer water system at an existing facility which is designated an actual or potential backflow hazard in paragraph (3)(A)2. of this

rule. If an addition or modification requiring a separate customer service line is made to an existing facility, the new service line as well as the existing customer service line shall be equipped with department-approved backflow prevention assemblies;

C. A new customer service line connection is made to a facility listed in paragraph (3)(A)2. of this rule; or D. A backflow incident occurs which introduces a contaminant into the public or customer water system which may create a health hazard.

2. Following is a list, not all inclusive, of actual or potential Class I backflow hazards:

A. Aircraft and missile manufacturing plants;

B. Automotive plants including, but not limited to, those plants which manufacture motorcycles, automobiles, trucks, recreational vehicles and construction and agricultural equipment;

C. Potable water dispensing stations which are served by a public water system;

D. Beverage bottling plants including, but not limited to, dairies, soft drink bottlers, and breweries;

E. Canneries, packing houses and reduction plants;

F. Car washes;

G. Chemical, biological and radiological laboratories including, but not limited to, those in high schools, trade schools, colleges, universities and research institutions;

H. Hospitals, clinics, medical buildings, autopsy facilities, morgues, mortuaries, veterinary facilities, dental clinics, and other medical facilities;

I. Metal or plastic manufacturing, fabrication, cleaning, plating or processing facilities;

J. Plants manufacturing paper and paper products;

K. Plants manufacturing, refining, compounding or processing fertilizer, film, herbicides, natural or synthetic rubber, pesticides, petroleum or petroleum products, pharmaceuticals, radiological materials or any chemical which would be a contaminant to the public water system;

L. Commercial facilities that use herbicides, pesticides, fertilizers or any chemical which would be a contaminant to the public water system;

M. Plants processing, blending or refining animal, vegetable or mineral oils;

N. Commercial laundries and dye works;

O. Sewage, storm water and industrial waste treatment plants and pumping stations;

P. Waterfront facilities including piers, docks, marinas and shipyards;

Q. Industrial facilities which recycle water;

R. Restricted or classified facilities or other facilities closed to the supplier of water or the department;

S. Fire sprinkler systems using any chemical additives;

T. Auxiliary water systems, including but not limited to alternative water sources;

U. Irrigation systems with facilities for injection of pesticides, herbicides or other chemicals or with provisions for creating back pressure. The backflow assembly may be installed between the customer service line and the irrigation system;

V. Portable tanks for transporting water taken from a public water system;

W. Facilities which have pumped or repressurized cooling or heating systems that are served by a public water system; and X. Facilities which contain any boiler system and are served by a public water system. The backflow assembly may be installed on the water service line to the boiler.

(B) Class II Backflow Hazards.

1. A Class II backflow hazard threatens to degrade the water quality of the public water system should backflow occur. The customer or the customer’s authorized representative shall install, as minimum protection for Class II backflow hazards, a departmentapproved double check valve assembly on the customer service line in accordance with

section (5) of this rule when— A. The supplier of water or local governmental agency (if one exists) requires protection from an actual or potential Class II backflow hazard at any facility;

B. Modification is made to the customer water system at an existing facility which is designated an actual or potential backflow hazard in paragraph (3)(B)2. If an addition or modification requiring a separate customer service line is made to an existing facility, the new service line, as well as the existing customer service line, shall be equipped with department-approved backflow prevention assemblies;

C. A new customer service line connection is made to a new facility listed in paragraph (3)(B)2.; or D. A backflow incident occurs in any situation described in paragraph (3)(B)2. or subsection (3)(C).

2. Following is a list, not all inclusive, of actual or potential Class II backflow hazards:

A. Tanks to store water from the public water system for fire fighting only, unless the tanks meet the requirements of the department for construction to maintain bacteriological quality of the water;

B. Fire sprinkler systems not using chemical additives. This only applies to new fire sprinkler systems or fire sprinkler systems scheduled for modifications;

C. Irrigation systems without facilities for injection of pesticides, herbicides or other chemicals. The backflow assembly may be installed between the customer service line and the irrigation system; and D. Cross-connections that could permit introduction of contaminants into the public or customer water system and create a nuisance, be aesthetically objectionable or cause minor damage to the public water system or its appurtenances.

(C) Customer facilities not designated a backflow hazard by subsection (3)(A) or (B) may be designated a Class I or Class II backflow hazard by written notification from the supplier of water or the department to the customer. The notice shall specify the nature of the customer activity which necessitates designation of the facility as a backflow hazard, the type of backflow protection required and the date by which the customer shall install or construct this assembly on the customer service line to the facility.

(4) Department-Approved Backflow Prevention Assemblies.

(A) Only those models of double check valve assemblies and reduced pressure principle backflow prevention assemblies which are approved by the Foundation for Cross Connection Control and Hydraulic Research of the University of Southern California (USC) or the American Society of Sanitary Engineering (ASSE).

(B) The discharge pipe of an approved airgap shall terminate a minimum of two (2) pipe diameters of the discharge pipe above the flood level rim of the receiving vessel; in no case shall the distance be less than one inch (1").

(5) Standards of Construction and Installation.

(A) Reduced pressure principle backflow prevention assemblies shall be installed with no plug or additional piping affixed to the pressure differential relief valve port (except for specifically-designed funnel apparatus available from the manufacturer) and with the pressure differential relief valve port a minimum of twelve inches (12") above floor level.

Additionally, the assembly shall be installed at a location where any leakage from the pressure differential relief valve port will be noticed, that allows easy access to the assembly for maintenance and testing, and that will not subject the assembly to flooding, excessive heat or freezing.

(B) All double check valve assemblies shall be installed at a location that allows easy access to the assembly for maintenance and testing and that will not subject the assembly to excessive heat or freezing.

(C) Backflow prevention assemblies shall be installed on the customer water system as close as possible to the point of service connection and prior to any other connection or branch line. If it is not possible to install the backflow prevention assembly as described, then installation shall be at the approval of the department.

(D) No bypass piping shall be allowed around a backflow prevention assembly unless the bypass is equipped with the same degree of backflow prevention protection.

(6) Backflow Prevention Assembly Testing and Inspection.

(A) All backflow prevention assemblies shall be inspected and tested by testers certified in accordance with the requirements and procedures in 10 CSR 60-11.030.

(B) Air-gaps shall be inspected each year by a date which is no later than thirty (30) days past the anniversary date established by the supplier of water to ensure that they continue to meet the requirements of subsection (4)(A).

(C) Reduced pressure principle backflow prevention assemblies shall be tested by a certified backflow prevention assembly tester each year by a date which is no later than thirty (30) days past the anniversary date established by the supplier of water to ensure that— 1. The pressure differential relief valve operates to maintain the zone between the two (2) check valves at least two pounds per square inch (2.0 psi) less than the supply pressure;

2. The #2 check valve is leak tight against reverse flow under all pressure differentials; and 3. The static pressure drop across the #1 check valve is at least three pounds per square inch (3.0 psi) greater than the pressure differential between the supply pressure and the pressure in the zone required to open the pressure differential relief valve.

(D) Double check valve assemblies shall be tested each year by a certified backflow prevention assembly tester by a date which is no later than thirty (30) days past the anniversary date established by the supplier of water to ensure that both the #1 and #2 check valves maintain at least one pound per square inch (1.0 psi) differential in the direction of flow and are leak tight against reverse flow under all pressure differentials.

(E) All certified backflow prevention assembly testers shall report to the appropriate governmental authority (if one exists), the supplier of water, the customer, and, if requested, the department the results of inspections or tests conducted in compliance with this section (6). Reports of tests shall contain the signature of the certified backflow prevention assembly tester attesting to the compliance (or noncompliance) of the assembly with established operational requirements. Routine reports shall be submitted within thirty (30) days after making the inspection or test. Falsification of testing or inspection information shall be grounds for removing the tester from the list of testers authorized to operate in Missouri.

(7) Customer Responsibilities.

(A) The customer shall furnish, install and maintain in working order at all times any backflow prevention assembly required by this rule.

(B) To ensure that each backflow prevention assembly required by this rule is in working order, the customer shall have each assembly inspected and tested by a certified backflow prevention assembly tester at the time of construction or installation and at the frequency specified in section (6).

(C) The customer shall permit access to the premises by the certified backflow prevention assembly tester, supplier of water and department representatives, at reasonable times and upon presentation of identification, for inspection of the customer water system or testing of backflow prevention assemblies installed in accordance with this rule.

(8) Responsibilities of the Supplier of Water.

(A) Because backflow may cause a health hazard through transmission of contaminants via the public water system, the supplier of water shall remove the water meter or otherwise sever the public water system from the customer service line serving a facility when the supplier of water— 1. Has knowledge that the customer is (7/31/20) JOHN R. ASHCROFT causing or maintaining an unprotected crossconnection;

2. Has knowledge that the customer is failing or refusing to proceed without delay to correct any violation of the provisions of this

rule after having been notified to do so;

3. Is so ordered by the appropriate local governmental author ity (if one exists); or 4. Is so ordered by the department because of violation of any provision of this

rule by the customer.

(B) The supplier of water shall retain records of the reports of inspections, tests and repairs on backflow prevention assemblies for a period of five (5) years.

(C) The supplier of water may develop, for use within his/her service area, written procedures to implement the provisions of this

rule. In developing the procedures, the supplier of water will be permitted to take into account existing backflow prevention programs and incorporate ordinances, regulations or requirements of appropriate local governmental authorities. However, the written procedures shall be no less stringent than the provisions of this rule. The department will prepare and make available on request the appropriate forms needed to assist the supplier of water in implementing the provisions of this rule. The supplier of water may submit the procedures to the department for approval.

(D) The supplier of water shall record the date of the initial inspection or test of backflow prevention assemblies required under subsections (3)(A) and (3)(B) and shall require that an annual inspection or test report be submitted by a certified backflow prevention assembly tester. The supplier of water shall establish an annual anniversary date for these inspection or test reports. If these reports are not received by the supplier of water on or before sixty (60) days following this anniversary date, the supplier of water promptly shall notify the customer, the local governmental agency (if one exists) and the department.

(E) The supplier of water shall notify the department within forty-eight (48) hours whenever a cross-connection problem has occurred which resulted in contamination of the public water system.

Filed July 11, 1986, effective Jan. 1, 1987.

Amended: Filed Dec. 4, 1990, effective July 8, 1991. Amended: Filed Jan. 2, 1997, effective Dec. 29, 1997. Amended: Filed June 13, 2018, effective Feb. 28, 2019. ** *Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999, 2002, 2006, 2012, 2014. **Pursuant to Executive Orders 20-04, 20-10, and 20-12, 10 CSR 60-11.010, subsections (6)(B)-(6)(D) and (8)(D) was suspended from June 1, 2020 through December 30, 2020.

**History**
- *AUTHORITY: section 640.100, RSMo 2016. Original rule filed May 4, 1979, effective Sept. 14, 1979. Rescinded and readopted:*

##### **10 CSR 60-11.030** Backflow Prevention Assembly Tester Certification {#sec-10-csr-60-11.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-11.030}

PURPOSE: This rule establishes certification and recertification requirements for backflow prevention assembly tester training programs.

(1) Applicability. This rule applies to all persons seeking certification or recertification as backflow prevention assembly testers. A certified backflow prevention assembly tester shall inspect, test and report on backflow prevention assemblies in accordance with applicable requirements in 10 CSR 60- 11.010.

(2) Certification Requirements.

(A) Any person seeking to be a certified backflow prevention assembly tester shall— 1. Satisfactorily complete written and performance (hands on) examinations (including questions specific to Missouri backflow prevention rules) provided by the American Backflow Prevention Association (ABPA) Tester Certification Program or the American Society of Sanitary Engineering (ASSE); and 2. Ensure that ABPA or ASSE notifies the department that the tester has passed the examinations. The department shall not be held liable for any failure of ABPA or ASSE to notify the department that a person has passed the written and performance examinations.

(B) Certification shall be valid for three (3) years. Certification may be renewed in accordance with section (4) of this rule.

(C) Submittal of false information shall be grounds for denying or revoking certification.

(3) Examination Schedule. The department shall, in consultation with training providers, prepare an annual schedule of dates and locations of backflow prevention assembly tester examinations. The department shall make this schedule available to backflow prevention assembly tester training providers and to any interested person upon request. (Training providers may offer additional examinations, at their discretion.)

(4) Recertification Requirements.

(A) Any certified tester seeking to be recertified shall— 1. Satisfactorily complete ABPA’s or ASSE’s recertification requirements, including examination questions on Missouri backflow prevention rules; and 2. Ensure that ABPA or ASSE notifies the department that the tester has satisfactorily completed the requirements. The department shall not be held liable for any failure of ABPA or ASSE to notify the department that a tester has satisfactorily completed the recertification requirements.

(B) Recertification shall be valid for three (3) years.

(C) Submittal of false information shall be grounds for denying or revoking recertification.

(5) Reciprocity. Any backflow prevention assembly tester listed with ABPA or ASSE may be certified by the department upon notification from ABPA or ASSE that the tester has satisfactorily completed an examination on Missouri backflow prevention rules.

**History**
- *AUTHORITY: section 640.100, RSMo 2016. Original rule filed Jan. 2, 1997, effective Dec. 29, 1997. Amended: Filed June 13, 2018, effective Feb. 28, 2019. Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1945, 1996, 1998, 1999, 2002, 2006, 2012, 2014. Pursuant to Executive Order 21-07, 10 CSR 60-11.030, subsection (2)(B) was suspended from June 1, 2020 through February 1, 2021.*

### **Chapter 12** Emergency Operations Plan

##### **10 CSR 60-12.010** Emergency Operations Plan {#sec-10-csr-60-12.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-12.010}

PURPOSE: The purpose of this rule is to insure that a supplier of water to a public water system implements an adequate plan for providing drinking water under emergency conditions.

(1) This rule applies only to community water systems.

(2) Each supplier of water to a community water system shall develop and implement a plan for assuring, to the extent practicable, continuous water service under emergency conditions. Each supplier of water, existing at the time of promulgation of these regulations, shall complete its emergency plan by June 30, 1980.

(A) To facilitate a coordinated response under emergency conditions, a supplier of water to a community water system, serving more that fifty thousand (50,000) population, shall file two (2) copies of its emergency response plan with the department.

(B) A supplier of water to a community water system serving less than fifty thousand (50,000) population need not file a copy of their plan with the department but must make a copy available to key operating personnel and for inspection by department personnel during inspection of the water supply facilities.

(3) Emergency operation plans for a community water system prepared by the suppliers of water must include as a minimum:

(A) Designation of a coordinator and key personnel to be on call under emergency conditions;

(B) Designation of personnel authorized to expend funds under emergency conditions;

(C) A list of quarterly-updated home and office telephone numbers of the coordinator, key operational personnel and state and local assistance sources;

(D) A list of alternative water systems which could be made available if the basic system were incapacitated. Evaluation and assessment of alternate water systems shall take into account accessibility for tank trucks (to include municipal, private and other sources), capacity of filling facilities and location of alternative facilities;

(E) An inventory of equipment available under emergency conditions; and (F) Written emergency procedures (available from the department), including those for tank truck disinfection and protection, installation of emergency chlorinators or disinfection of trucked water.

MATTBLUNT(11/30/01)

**History**
- *AUTHORITY: section 640.100, RSMo 1986. Original rule filed May 4, 1979, effective Sept. 14, 1979. Original authority: 640,000, RSMo 1939, amended 1978.*

### **Chapter 13** Grants and Loans

##### **10 CSR 60-13.010** Grants for Public Water Supply Districts and Small Municipal Water Supply Systems {#sec-10-csr-60-13.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-13.010}

PURPOSE: This rule establishes the department’s grant eligibility and application procedures requirements and for construction of projects at public water supply districts and rural community water system pursuant to sections 640.600, 640.605, 640.615 and 640.620, RSMo.

(1) Application Requirements.

(A) The recipient must first apply with the agency or other financial source which is to furnish the primary financial assistance, and after the amount of that assistance has been determined, an application for a grant under this rule may be made to and processed by the department. An application shall be submitted on forms provided by the department.

The application shall be supported by the necessary documents and forms from other state and federal grant or lending agencies or private lending agencies to enable the department to establish eligibility and need for grant funds.

(B) The project for which the grant application is submitted shall comply with appropriate state and local laws, rules and ordinances and is limited to public water supply districts or municipal water supply systems of less than ten thousand (10,000) population.

(C) The ratio of contracted users to potential users shall not be less than seventy-five percent (75%).

(D) These grants are to be considered secondary sources of funding and, as such, shall in no case exceed the per connection amount as specified in section 640.620, RSMo, fifty percent (50%) of the total eligible project cost, or five hundred thousand dollars ($500,000), whichever is less.

(E) Grant funds may be used for the following costs:

1. Construction costs for new construction, rehabilitation or upgrade of publicly owned treatment systems including upgrades made to comply with additional safe drinking water requirements.

2. Engineering services and other services incurred in preparing the design drawings and specifications for the project. Such services must have been procured in accordance with state law to be eligible costs.

(F) The grant application packet shall contain the following information:

1. A preliminary engineering cost study for the proposed project including, but not limited to, the following items: development and administration costs; land, structures, right-of-way costs; legal costs; engineering costs; interest costs; equipment costs; contingencies; other costs; and total project costs;

2. An engineering report for the proposed project which is in accordance with 10 CSR 60-3.010 and 10 CSR 60-10.010;

3. The information required to determine the cost per contracted connection;

4. The median annual household income of the residents in the district or community;

5. Information required to determine the ratio of the contracted users to the potential users;

6. An evaluation of the recipient’s technical, managerial, and financial (TMF) capacity on forms provided by the department. A recipient that does not meet the TMF capacity requirements established in 10 CSR 60-3.030 shall submit a plan outlining the steps the recipient will take to meet the requirements. The plan shall show the recipient will meet TMF requirements before the project is complete or within one (1) year of the award of the grant unless the department determines that a longer period of time is necessary;

7. The ratio of contracted users to potential users; and 8. The number of acres being protected for any source water protection project.

(2) Grant Priorities.

(A) Priorities for grants for public water supply districts and rural community water systems shall be established by the depart- (B) Determination of relative need will be coordinated with appropriate federal grant and lending agencies and with appropriate state agencies. Preference may be given to projects needing a grant in order to obtain state or federal drinking water loan assistance. It is the intent of the department to maximize the effective use of state and federal grant and loan funds.

(C) Additional priority will be awarded to projects whose projected financial need is based on potential compliance with additional safe drinking water requirements.

(D) Priority will be given to recipients who consider regionalization or for projects that include regionalization.

(3) Approval and Payment of Grant Funds.

(A) The grant award shall be made upon receipt and approval of bid documents, executed contract documents, and demonstration by the recipient that the funding for the total project costs has been secured. The department, based on the status of state funding, may elect to pay out the full grant amount at the time of grant award or to make payments to the grantee.

(B) If the department elects to make full payment of the grant amount for the construction project, payment shall be made at the time of the department’s receipt of the executed grant document. The following provisions shall apply:

1. The grantee shall establish a separate escrow account with a bank as defined in

Chapter 409, section 409-1.102;

2. The full grant award amount, less any payments processed prior to the date of this

rule, will be paid to the grantee for deposit into the grantee’s established escrow account;

3. Grant funds in the escrow account may be used to pay up to fifty percent (50%) of the eligible costs shown in subsection (1)(D) of this rule except that one hundred percent (100%) of the reasonable costs associated with a grant anticipation loan will be eligible when this financing is pre-approved by the department.

4. The grantee shall submit the bank statement of the escrow account monthly, within thirty (30) days of the end of the month.

If the monthly statement indicates that funds were withdrawn, the grantee shall submit copies of the invoices to document the costs.

5. The bank account may earn interest; however, all withdrawals from the account must be documented with eligible invoices. If the project costs are inadequate to withdraw all the funds in the account, the balance must be refunded to the department.

(C) The department will provide a payment request form for the grantee to use. The payment request must be supported by invoices that document the costs incurred.

(D) The grant amount will be reduced, if necessary, to reflect actual project costs as determined by the invoices submitted by the grantee.

(E) An audit to verify expenditure of grant funds may be made by the department after the completion of each approved project. Any funds found not expended for the purposes listed in subsection (1)(D) of this regulation will be recovered.

(F) Any funds remaining in the escrow account two (2) years after the date of the initial grant payment will be recovered by the department. On grants that are paid incrementally by the department, no payments will be made after two (2) years from the initial grant award acceptance unless an extension is granted by the department.

(G) An audit to verify expenditure of grant funds may be made by the department. Any funds found not expended for the purposes listed in subsection (1)(D) of this regulation will be recovered.

(4) If at any time during the first twenty (20)years of the design life of the facility(ies) funded under this rule the facility is sold, leased or otherwise transferred, either outright or on a contract for deed or lease-purchase agreement, to other than a political subdivision of the state, the state shall require reimbursement of the grant funds. The total amount of the grant funds to be reimbursed shall be based on a twenty (20)-year straightline depreciation. Grant funds to be reimbursed, shall become due and payable upon transfer of ownership of the facility(ies).

Amended: Filed April 14, 1981, effective Oct. 11, 1981. Rescinded and readopted: Filed Feb. 2, 1983, effective July 1, 1983.

Emergency amendment filed July 3, 1989, effective July 27, 1989, expired Nov. 23, 1989. Amended: Filed July 3, 1989, effective Nov. 23, 1989. Amended: Filed Jan. 19, 2001, effective Sept. 30, 2001. Emergency amendment filed Feb. 1, 2007, effective March 4, 2007, expired Aug. 30, 2007.

Amended: Filed March 14, 2007, effective Oct. 30, 2007. Amended: Filed June 13, 2018, effective Feb. 28, 2019. *Original authority: 640.600, RSMo 1989; 640.605, RSMo 1989, amended 1999; 640.615, RSMo 1989, amended 1999; and 640.620, RSMo 1989, amended 1995, 1999, 2018.

**History**
- *AUTHORITY: sections 640.600, 640.605, and 640.615, RSMo 2016, and section 640.620, RSMo Supp. 2018. This rule was previously filed as 10 CSR 60-2.020 Sept. 21, 1973, effective Oct. 1, 1973. Amended: Filed May 4, 1979, effective Sept. 14, 1979.*

##### **10 CSR 60-13.020** Drinking Water State Revolving Fund Program {#sec-10-csr-60-13.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-13.020}

PURPOSE: This rule sets forth eligibility and program requirements for financial assistance from the Drinking Water State Revolving Fund program authorized pursuant to section 1452 of the federal Safe Drinking Water Act, as amended, and in section 640.107, RSMo.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive.

This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) Application and Eligibility Requirements.

This section applies to recipients of financial assistance from the Drinking Water State Revolving Fund (DWSRF) program.

Recipients of assistance are subject to the requirements of this regulation, unless otherwise specified. The Code of Federal Regulationsreferenced in the regulation are incorporated as published July 1, 2017. The regulations are incorporated by reference without any later amendments or modifications. To obtain a copy, contact the U.S. Government Printing Office at 732 North Capitol Street NW, Washington, D.C., 20401, toll free at (866) 512-1800 or by visiting https://bookstore.gpo.gov. To obtain the decennial median household income visit the U.S. Census Bureau American Fact Finder webpage https://factfinder.census.gov/faces/nav/jsf/pag es/community_facts.xhtml, contact the U.S.

Census Bureau, 4600 Silver Hill Road Suitland, MD 20746, or toll free at (800) 923- 8282.

(A) Definitions.

1. The terms and definitions in section 640.107, RSMo, 10 CSR 60-2.015, and 40 CFR 35.3505, apply to the rules in this chapter.

2. Initiation of operation—The date when the first constructed component is capable of being used for its intended purpose.

3. PSC—Missouri Public Service Commission.

4. EIERA—State Environmental Improvement and Energy Resources Authority.

5. Loan—Unless stated otherwise, loan generally refers to the agreement to lend money to an eligible recipient. The type of agreement could be a loan agreement, bond purchase agreement, or other debt instru- 6. Recipient—The recipient of financial assistance from programs supported or secured by the Water and Wastewater Loan Fund, the Water and Wastewater Loan Revolving Fund, DWSRF bonds issued by EIERA, or state bond funds.

(B) Eligible Projects and Project-Related Costs. This subsection incorporates the federal requirements in 40 CFR 35.3520.

(C) Application Procedures.

1. Application deadline.

A. Applications must be postmarked or received by the Water Protection Program by the calendar date established in the annual application package as the application deadline. The deadline will be no sooner than sixty (60) days after the application package is made available. The department may extend this deadline if insufficient applications are received to use all of the funds expected to be available. Applications are valid for two (2) intended use plan cycles. Applications received after the deadline may be placed on a priority list as determined by the commission based on availability of funds.

B. Recipients that have an outstanding loan balance with the department must be in compliance with the terms and conditions of their loan agreements to be eligible for additional funding.

2. Recipients shall provide:

A. A completed application form provided by the department;

B. Documentation that they have a chief operator certified at the appropriate level, or expect to have prior to loan award;

C. Documentation that they have an emergency operating plan, or expect to have prior to loan award;

D. Any additional information requested by the department for priority point award or project evaluation;

E. Any additional information request by the department to determine the recipient’s compliance history and technical, managerial, and financial capacity as required under the federal Safe Drinking Water Act (SDWA); and F. Any additional information for determination of financial capability of the recipient. This may include, but is not limited to: changes in economic growth, changes in population growth, depreciation, existing debt, revenues, project costs, and effects of the project on user charge rates.

3. Unsuccessful recipients requesting funds during a given fiscal year who have completed the requirements in this section (1) shall be considered for funding the next fiscal year and need not reapply.

4. By submission of its application, the recipient certifies and warrants that he/she has not, nor will through the DWSRF loan amortization period, violate any of his/her debt covenants.

(D) Intended Use Plan. The department will prepare an annual intended use plan in accordance with 40 CFR 35.3555 and section 640.107, RSMo. The annual intended use plan is approved by the commission after public notice and public comment.

(2) Requirements for Assistance Recipients.

This section applies to recipients of the DWSRF program.

(A) Fees.

1. Loan Fees. The department may charge annual loan fees not to exceed onehalf 4CODE OF STATE REGULATIONS percent (0.5%) of the outstanding loan balance of each loan, except as provided under paragraph (2)(A)2.

2. Additional administrative fees.

Additional administrative fees may be assessed by the department, at the time the administration fee is calculated for failure by a recipient to pay debt service on the loan or submit approved documents to the department (for example, operation and maintenance manuals, enacted user charge and water use ordinances, executed contract documents) in accordance with the time frames provided under the program agreement entered into by the recipient. The additional fee will be an additional one-tenth percent (0.1%) per month that the document remains delinquent. The additional fee for delinquent documents will be collected only during the year in which the document is not submitted.

(B) Engineering Report and Design.

Engineering report and design of projects for eligible water systems shall conform with 10 CSR 60-3.010 and 10 CSR 60-10.010.

(C) Additional Preclosing Requirements.

All documents necessary to provide assistance must be submitted to the department in sufficient time to allow adequate time for review and approval prior to the loan closing date established by the department. The department may extend deadlines if justified.

1. Final document submittal. The following documents must be submitted to and approved by the department:

A. Resolution identifying the authorized representative by name. Recipients for assistance under the DWSRF program shall provide a resolution by the governing body designating a representative authorized to file the application for assistance, reimbursement requests, and act on behalf of the recipient in all matters related to the project;

B. Proposed project schedule. The following represents the minimum requirements for the project schedule;

(I) Construction start defined as date of issuance of notice to proceed;

(II) Construction completion;

(III) Initiation of operation; and (IV) Project completion;

C. Engineering contract as described in subsection (2)(G) of this rule and the appropriate procurement documentation as described in subsection (2)(H) or subsection (2)(N);

D. Engineering report and plans and specifications certified by a registered professional engineer licensed in Missouri;

E. Certification of easements and real property acquisition. Recipients of assistance under the DWSRF program shall have obtained title or option to the property or easements for the project prior to loan clos- F. Draft user charge and water use ordinances as described in paragraphs (2)(C)3. and 4. of this rule; and G. Other information or documentation deemed necessary by the recipient or the department to ensure the proper expenditure of DWSRF funds.

2. Projects serving multiple water systems. Prior to closing, if the project serves two (2) or more public water systems, the recipient shall submit executed agreements or contracts between the public water systems for the financing, construction, and operation of the proposed facilities.

3. User charge (water rate) ordinance.

A. For non-PSC-regulated utilities:

(I) Recipients are required to maintain, for the useful life of the project, user charge ordinances approved by the department. User charge ordinances, at a minimum, shall be adopted prior to financing and implemented by the initiation of operation of the financed project;

(II) The user charge system shall be designed to produce adequate revenues required for the operation and maintenance, including a reserve for equipment replacement. A one hundred ten percent (110%) debt service reserve may be required. Each user charge system shall— (a) Be based upon actual use;

(b) Include an adequate financial management system that will accurately account for revenues generated by the system, debt service and loan fee costs, and expenditures for operation and maintenance, including replacement based on an adequate budget identifying the basis for determining the annual operation and maintenance costs and the costs of personnel, material, energy, and administration; and (c) Provide for an annual review of charges; and (III) The recipient shall submit to the department, for review and approval, the methodology used for determining user rates.

B. PSC-regulated utilities shall comply with the requirements of the PSC in developing and implementing their user charge ordinances but shall ensure that sufficient rates and charges are in effect to satisfy bond covenants throughout the term of the loan.

4. Water use ordinance. Recipients dependent on user fees for debt payment or operation and maintenance expenses shall have in place an enforceable water use ordinance prior to loan closure. The water use ordinance shall address water system responsibilities and customer responsibility relating to installation and maintenance of water meters and water lines; easements; alternative sources of water; and provisions for breach of contract and liquidated damages.

The water use ordinance is intended to be an effective business tool for the efficient management of the water system.

5. Additional requirements for privatelyowned public water systems. Privately-owned public water systems must provide documentation from the Missouri Department of Economic Development showing an allocation under Missouri’s private activity bond cap and must obtain any necessary approvals from the PSC.

6. Environmental review. All applicable environmental review requirements in 10 CSR 60-13.030 must be completed before the department enters into a binding commitment with the recipient.

7. Cross-cutters. Recipients shall comply with Federal cross-cutting authorities unless an exemption is provided through department policy, as outlined in accordance with 40 CFR 35.3575.

(D) Operation and Maintenance.

1. Operation and maintenance manual.

The recipient must make provision satisfactory to the department for assuring effective operation and maintenance of the constructed project throughout its design life. If required by the department, recipients of assistance for construction of mechanical facilities must make provision satisfactory to the department to develop, for approval, an operation and maintenance manual. The operation and maintenance manual, if required, must be submitted by final construction completion.

2. Start-up training. At construction completion, a start-up training proposal (if required) and proposed follow-up services contract must be submitted by final construction completion.

3. Certified operator. The recipient must make provision satisfactory to the department for assuring that certified operator(s) and maintenance personnel are hired in accordance with an approved schedule.

4. System certification. If required by the department, one (1) year after initiation of operation of the constructed public water system, the recipient shall certify to the department whether or not the public water system meets the project performance standards. Any statement of noncompliance must be accompanied by a corrective action report containing an analysis of the cause of the project’s inability to meet performance standards, actions necessary to bring it into compliance, and reasonably scheduled date for positive certification of the project. Timely corrective action shall be executed by the recipient.

(E) Accounting and Audits. Recipients are required to have a dedicated source for repayment of any loans and an adequate financial management system and audit procedure for the project which provides efficient and effective accountability and control of all property, funds, and assets related to the project. The recipient’s financial system is subject to state or federal audits to assure fiscal integrity of public funds.

1. Each recipient is expected to have an adequate accounting system for the project which provides efficient and effective accountability and control of all property, funds, and assets.

A. The recipient is responsible for maintaining a financial management system which will adequately provide for an accurate, current, and complete disclosure of the financial results of each DWSRF project. The proprietary fund (business-related fund) accounting will be in accordance with generally accepted government accounting principles and practices, regardless of the source of funds.

B. An acceptable accounting system includes books and records showing all financial transactions related to the construction project. The system must document all receipt and disbursement transactions and group them by type of account (for example, asset, revenue, expense, etc.) and by individual expense account (for example, personnel salaries and wages, subcontract costs, etc.)

The recipient shall maintain books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly the amount, receipt, and disposition by the recipient for all assistance received for the project and the total costs of the project of whatever nature incurred for the performance of the project for which the assistance was awarded.

2. Annual Audited Financial Statements.

A. The recipient shall cause an audit of the recipient’s annual financial report for the preceding fiscal year to be made by a certified public accountant or firm of certified public accountants employed for that purpose.

(I) The annual audit will cover in reasonable detail the operation of the proprietary system during the fiscal year.

(II) Within one hundred eighty (180) days after the end of the recipient’s fiscal year, a copy of the annual financial report will be submitted to the department as long as the recipient is in loan repayment status. A recipient who cannot meet this deadline will notify the department in writing of the delay with the expected date of completion.

B. As required by federal law, a recipient must comply with the provisions of 2 CFR part 200 subpart F governing the audit of state and local governments. When applicable, a copy of the recipient’s annual audit, including all written comments and recommendations of the accountant, will be furnished to the department within the time period as provided in 2 CFR part 200 subpart F.

(F) Record Retention Requirements. The recipient must retain all records according to the retention schedules established by chapter 109, RSMo. A longer retention period may be required under the loan documentation.

(G) Minimum Requirements for Architectural or Engineering Contracts.

1. General requirements must— A. Be necessary for and directly related to the accomplishment of the project;

B. Be a lump sum or cost plus fixed fee contract in the form of a bilaterally executed written agreement;

C. Be for monetary consideration;

D. Not be in the nature of a grant or gift;

E. State a time frame for performance;

F. State a cost which cannot be exceeded except by amendment; and G. State provisions for payment.

2. The nature, scope, and extent of work to be performed during construction should include, but not be limited to, the following:

A. Preparing an operation and maintenance manual if required by the department that meets the requirements of paragraph (2)(D)1. of this rule;

B. Assisting the recipient in letting C. Assisting the recipient in reviewing and analyzing construction bids and making recommendations for award;

D. Inspecting during construction to ensure conformance with the construction contract documents unless waived by the department; and E. Assisting with facility operation for purposes of certifying that the facility is operating properly one (1) year after start-up to meet the requirements of paragraph (2)(D)4. of this rule.

3. Executed engineering contract submittal. The final approved executed engineering contract must be submitted prior to the first reimbursement request.

(H) Procurement of Engineering Services.

The procurement of engineering services shall be in accordance with sections 8.285 through 8.291, RSMo or section 67.5060, RSMo.

(I) Specifications. The construction specifications must contain the following:

1. Recipients must incorporate in their specifications a clear and accurate description of the technical requirements for the material, product, or service to be procured.

The description, in competitive procurement, shall not contain features which unduly restrict competition unless the features are necessary to test or demonstrate a specific thing or to provide for interchangeability of parts and equipment. The description shall include a statement of the qualitative nature of the material, product, or service to be procured and, when necessary, shall set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use;

2. The recipient shall avoid the use of detailed product specifications if at all possible;

3. When, in the judgment of the recipient, it is impractical or uneconomical to make a clear and accurate description of the technical requirements, recipients may use a brand name as a means to define the performance or other salient requirements of an item to be procured. The recipient need not establish the existence of any source other than the named brand. Recipients must state clearly in the specification the salient requirements of the named brand which must be met by offerers and that other brands may be accepted;

4. Sole source restriction. A specification shall not require the use of structures, materials, equipment, or processes which are known to be available only from a sole source, unless the department determines that the recipient’s engineer has adequately justified in writing to the department that the proposed use meets the particular project’s minimum needs;

5. Experience clause restriction. The general use of experience clauses is restricted to special cases.

A. The general use of experience clauses requiring equipment manufacturers to have a record of satisfactory operation for a specified period of time or of bonds or deposits to guarantee replacement in the event of failure is restricted to special cases where the recipient’s engineer adequately justifies any such requirement in writing. Where this justification has been made, submission of a bond or deposit shall be permitted instead of a specified experience period. The period of time for which the bond or deposit is required shall not exceed the experience period specified;

B. The general use of experience clauses requiring contractors to have a record of satisfactory experience for a specified period of time or the completion of a specified 6CODE OF STATE REGULATIONS number of similar projects is restricted to special cases where the recipient’s engineer adequately justifies any such requirement in writing. Such justification shall not unduly restrict competition or result in excessive bonding requirements. Where this justification has been made, submission of a bond or deposit shall be permitted instead of the specified experience. The period of time for which the bond or deposit is required shall not exceed the experience period specified;

6. Domestic products procurement law requirements in accordance with sections 34.350–34.359, RSMo;

7. Bonding. On construction contracts exceeding fifty thousand dollars ($50,000), the bid documents shall require each bidder to furnish a bid guarantee equivalent to five percent (5%) of the bid price. In addition, the bid documents must require the successful bidder to furnish performance and payment bonds, each of which shall be in an amount not less than one hundred percent (100%) of the contract price;

8. State wage determination in accordance with sections 290.210 to 290.340, RSMo and 8 CFR 30 chapter 3;

9. Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms requirements in accordance with 2 CFR 200.321 and 40 CFR

part 33;

10. Debarment/suspension requirements in accordance with 2 CFR part 180 subpart C;

11. Right of entry to the project site shall be provided for representatives of the department, EIERA, the Missouri State Auditor, and U.S. Environmental Protection Agency so they may have access to the work wherever it is in preparation or progress;

12. The following statement: “The owner shall make payment to the contractor in accordance with section 34.057, RSMo”;

13. Contractors must comply with the Davis-Bacon requirements in accordance with 29 CFR 5.5. The current Davis-Bacon wage rate from the United States Department of Labor must be incorporated in the bid documents; and 14. American Iron and Steel.

Specifications shall adhere to requirements to utilize American Iron and Steel for projects involving the construction, alteration, maintenance, or repair of a public water system, when applicable. The department will publish the American Iron and Steel requirements in the annual intended use plan.

(J) Construction Equipment and Supplies Procurement. This section describes the minimum procurement requirements which the recipient must use under the DWSRF program.

1. Small purchases. A small purchase is the procurement of materials, supplies, and services when the aggregate amount involved in any one (1) transaction does not exceed one hundred fifty thousand dollars ($150,000).

The small purchase limitation of one hundred fifty thousand dollars ($150,000) applies to the aggregate total of an order, including all estimated handling and freight charges, overhead, and profit to be paid under the order. In arriving at the aggregate amount involved in any one (1) transaction, all items which should properly be grouped together must be included. Department concurrence and a minimum of three (3) quotes must be obtained prior to purchase.

2. Bidding requirements. This paragraph applies to procurement of construction equipment, supplies, and construction services in excess of one hundred fifty thousand dollars ($150,000) awarded by the recipient for any project. No contract shall be awarded until the department has approved the formal advertising and bidding.

A. Formal advertising.

(I) Adequate public notice. The recipient will cause adequate notice to be given of the solicitation by publication in newspapers of general circulation beyond the recipient’s locality (preferable statewide), construction trade journals, or plan rooms, inviting bids on the project work and stating the method by which bidding documents may be obtained or examined.

(II) Adequate time for preparing bids. A minimum of thirty (30) days shall be allowed between the date when public notice, publication, insertion, or document availability in a plan room is first published and the date by which bids must be submitted. Bidding documents shall be available to prospective bidders from the date when the notice is first published or provided. Recipients are encouraged to directly solicit bids from prospective bidders.

B. Bid document requirements and procedure.

(I) The recipient shall prepare a reasonable number of bidding documents (Invitations for Bids) and shall furnish them upon request on a first-come, first-served

basis. The recipient shall maintain a complete set of bidding documents and shall make them available for inspection and copying by any party. The bidding documents shall include, at a minimum:

(a) A completed statement of the work to be performed or equipment to be supplied and the required completion schedule;

(b) The terms and conditions of the contract to be awarded;

(c) A clear explanation of the method of bidding and the method of evaluation of bid prices and the basis and method for award of the contract or rejection of all (d) Responsibility requirements and criteria which will be employed in evaluating bidders;

(e) The recipient shall provide for bidding by sealed bid and for the safeguarding of bids received until public open- (f) If a recipient desires to amend any part of the bidding documents during the period when bids are being prepared, addenda shall be communicated in writing to all firms which have obtained bidding documents in time to be considered before the bid opening time. All addenda must be approved by the department prior to award of the contract;

(g) A firm which has submitted a bid shall be allowed to modify or withdraw its bid before the time of bid opening;

(h) The recipient shall provide for a public opening of bids at the place, date, and time announced in the bidding documents. Bids received after the announced opening time shall be returned unopened;

(i) Award shall be to the lowest, responsive, responsible bidder. After bids are opened, the recipient shall evaluate them in accordance with the methods and criteria set forth in the bidding documents. The recipient shall award contracts only to responsible contractors that possess the potential ability to perform successfully under the terms and conditions of a proposed contract. A responsible contractor is one that has financial resources, technical qualifications, experience, organization, and facilities adequate to carry out the contract or a demonstrated ability to obtain these. The recipient may reserve the right to reject all bids. Unless all bids are rejected for good cause, award shall be made to the lowest responsive, responsible bidder.

The recipient shall have established protest provisions in the specifications. These provisions shall not include the department as a participant in the protest procedures. If the recipient intends to make the award to a firm which did not submit the lowest bid, the recipient shall prepare a written statement before any award, explaining why each lower bidder was deemed nonresponsible or nonresponsive and shall retain the statements in its files. The recipient shall not reject a bid as nonresponsive for failure to list or otherwise indicate the selection of subcontractor(s) or equipment unless the recipient has clearly stated in the solicitation documents that the failure to list shall render a bid nonresponsive and shall cause rejection of a bid;

(j) The recipient is encouraged though not required to use the model specification clauses developed by the department; and (k) Departmental concurrence with contract award must be obtained prior to actual contract award. Recipients shall notify the department in writing of each proposed construction contract which has an aggregate value over one hundred fifty thousand dollars ($150,000). The recipient shall notify the department within ten (10) calendar days after the bid opening for each construction subagreement.

The notice shall include:

I. Proof of advertising;

II. Tabulation of bids;

III. The bid proposal from the bidder that the recipient wishes to accept, including justification if the recommended successful bidder is not also the lowest bidder;

IV. Recommendation of award;

V. Any addenda not submitted previously and bidder acknowledgment of all addenda;

VI. Copy of the bid bond;

VII. One (1) set of as-bid specifications;

VIII. Suspension/Debarment Certification;

IX. Revised financial capability worksheet and certification if bids exceed prebid estimates by more than fifteen percent (15%);

X. MBE/WBE Worksheet;

XI. Recipient’s statement that proposed contractor(s) positive efforts, MBE/WBE utilization, or both, have been reviewed and meet regulatory requirements;

XII. Site certification, if not previously submitted; and XIII. Certification of Nonsegregated Facilities.

(K) Conflict of Interest.

1. No employee, officer, or agent of the recipient shall participate in the selection, award, or administration of a subagreement supported by state or federal funds if a conflict of interest, real or apparent, would be involved. This conflict would arise when— A. Any employee, officer, or agent of the recipient, any member of their immediate families, or their partners have a financial or other interest in the firm selected for a contract; or B. An organization which may receive or has been awarded a subagreement employs, or is about to employ, any person listed in subparagraph (2)(K)1.A. of this rule.

2. The recipient’s officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of substantial monetary value from contractors, potential contractors, or other parties to subagreements.

(L) Changes in Contract Price or Time.

The contract price or time may be changed only by a change order. The value of any work covered by a change order or of any claim for increase or decrease in the contract price shall be determined by the methods set forth in the following:

1. Unit prices.

A. Unit prices previously approved are acceptable for pricing changes of original bid items. However, when changes in quantities exceed fifteen percent (15%) of the original bid quantity and the total dollar change of that bid item is greater than twenty-five thousand dollars ($25,000), the recipient shall review the unit price to determine if a new unit price should be negotiated.

B. Unit prices of new items shall be negotiated;

2. A lump sum to be negotiated; and 3. Cost reimbursement. The actual cost for labor, direct overhead, materials, supplies, equipment, and other services necessary to complete the work plus an amount to cover the cost of general overhead and profit.

(M) Progress Payments to Contractors.

1. Recipients should make prompt progress payments to prime contractors and prime contractors should make prompt progress payments to subcontractors and suppliers for eligible construction, supplies, and equipment costs in accordance with section 34.057, RSMo.

2. Retention from progress payments.

The amount the recipient retains shall be in accordance with section 34.057, RSMo.

(N) Procurement of Design-build Services.

The procurement of design-build services shall be in accordance with section 67.5060, RSMo. Recipients that are exempt from section 67.5060, RSMo. may also utilize designbuild services if local ordinances or policies allow design-build and the procurement of the design-build team considers both the qualifications of the team. Recipients seeking funds for a project utilizing design-build services must notify the department with the recipient’s application. Recipients that utilize design-build services shall coordinate procurement activities with the department to ensure compliance. The department may restrict the amount of funding available for projects using design-build services, if needed to comply with federal law and regulations.

(3) DWSRF Direct Loans.

(A) General.

1. This section describes the process and requirements for direct loans awarded under this rule. All other requirements also apply, including administrative fees in subsection (2)(A) of this rule.

2. This rule sets out the general format for the direct loan program. The commission, the department, and EIERA shall have the

3. The department may make direct loans by purchasing the general obligation bonds, revenue bonds, short-term notes, or other acceptable obligation of any qualified recipient for the planning, design, and/or construction of an eligible project. These loans shall not exceed the total eligible project costs described in subsection (1)(B) of this rule less any amounts finalized by any means other than through the direct loan program.

(B) Reimbursement Terms.

1. The maximum reimbursement will be no more than the sum of all eligible costs incurred to date. Each payment request shall include the following information:

A. Completed reimbursement request form;

B. Construction pay estimates signed by the construction contractor, the recipient, and the consulting engineer, if applicable;

C. Invoices for other eligible services, equipment, and supplies for the project; and D. Any other information deemed necessary by the department to ensure proper project management and expenditure of public funds.

2. If the department is satisfied that the payment request accurately reflects the eligible cost incurred to date on the project, the department will request that state payment be issued to the recipient.

(C) Trustee or Paying Agent. The department may require the recipient to contract with a trustee or paying agent to provide the services below, along with other such services as detailed in the recipient’s escrow agreement:

1. Maintain separate trust funds and accounts for recipients;

2. Disburse funds to recipients;

3. Collect principal and interest quarterly payments from recipients; and 4. Provide monthly financial reports to recipients.

(D) Amortization Schedules. The following guidelines shall be used to establish amortization schedules under this rule:

8CODE OF STATE REGULATIONS

1. The bonds, notes, or other debt obligations shall be fully amortized as outlined in 40 CFR 35.3525;

2. Principal payment frequency shall be no less than annual and interest payments at least semi-annual;

3. The amortization schedule may either be straight line or declining schedules for the term of the debt obligation. The department may approve an alternative amortization method if deemed appropriate; and 4. Repayment of principal shall begin not later than one (1) year after initiation of operation.

(E) Target Interest Rate (TIR). The TIR shall be established by the commission in consultation with the department and the EIERA based upon current economic factors, projected fund utilization, deposits in the fund, and actual or anticipated federal capitalization grants and published in the annual intended use plan. The department reserves the right to refinance, assign, pledge, or leverage any loans originated under this rule.

(F) If at any time during the loan period the facility(ies) financed under this rule is sold, either outright or on contract for deed, the loan becomes due and payable upon transfer unless otherwise approved by the depart- (G) If at any time the public water system or any part thereof, funded with a DWSRF grant is sold, either outright or on contract for deed, to other than a political subdivision of the state, the department shall receive reimbursement of the grant funds. The total amount of grant funds to be reimbursed shall be based on a straight-line depreciation based on the original costs of the facilities being sold, the original loan repayment period or a twenty- (20-) year straight-line depreciation schedule in the event of grant only funds, and adjusted for the percentage of grant funds originally disbursed to fund such facilities.

Grant funds to be reimbursed shall become due and payable upon transfer of ownership.

(4) Additional subsidization (such as principal forgiveness, negative interest loans, grants, or the like) may be provided as federal law requires or allows.

(5) Disadvantaged Communities. A disadvantaged community is defined as a recipient that— (A) Serves a population of three thousand three hundred (3,300) or less;

(B) Has a median household income at or below seventy-five percent (75%) of the state average median household income as determined by the most recent decennial census or by an income survey overseen by a state or federal agency; and (C) Has an average water user charge for five thousand (5,000) gallons that is at least two percent (2%) of the median household income of the recipient, determined by the decennial census or income survey listed in (5)(B).

Filed June 24, 2009, effective Jan. 30, 2010.

Amended: Filed June 13, 2018, effective Feb. 28, 2019. 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999, 2002, 2006, 2012, 2014 and 640.107, RSMo 1998, amended 2009.

**History**
- *authority to make specific refinements, variations, or additional requirements as may be necessary or desirable in connection with the efficient operation of the direct loan program.*
- *AUTHORITY: sections 640.100 and 640.107, RSMo 2016. Emergency rule filed July 15, 1998, effective July 25, 1998, expired Feb. 25, 1999. Original rule filed Aug. 17, 1998, effective April 30, 1999. Amended: Filed Jan. 19, 2001, effective Sept. 30, 2001. Emergency amendment filed May 20, 2009, effective May 30, 2009, expired Feb. 25, 2010. Amended:*

##### **10 CSR 60-13.025** State Loan Program {#sec-10-csr-60-13.025 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-13.025}

PURPOSE: This rule establishes requirements for loans from state funding for financing construction improvements at public water systems.

(1) General Requirements.

(A) The department may make direct loans to public water systems by purchasing the general obligation bonds, revenue bonds, short-term notes, or other acceptable obligation of any qualified recipient for the planning, design or construction, or any combination of these, of an eligible project.

(B) In addition to the requirements of this

rule, the department may require the recipient to include those assurances and clauses in the loan agreements and bond resolutions as deemed necessary to protect the interest of the state and comply with applicable state and federal requirements.

(C) If at any time during the term of the loan a recipient desires to sell, lease, mortgage, or otherwise dispose of the infrastructure financed under this rule, the loan becomes due and payable upon transfer unless otherwise approved by the department.

(D) This rule sets out the general format for loans from state funds. The department shall have the authority to make specific refinements, variations, or additional requirements as may be necessary or desirable in connection with the efficient operation of the loan process.

(2) Eligible Projects and Project-Related Costs.

(A) This subsection incorporates the requirements in 40 CFR 35.3520 as set forth in 40 CFR part 35 subpart L, published July 1, 2017. This document is incorporated by reference without any later amendments or modifications. To obtain a copy, contact the U.S. Government Printing Office at 732 North Capital Street NW, Washington D.C., 20401, toll free at (866)512-1800 or by visiting https://bookstore.gpo.gov. In addition to eligible project costs set forth in 40 CFR 35.3520, costs of issuance and debt service reserve deposits are eligible project costs.

(3) Application Procedures.

(A) Recipients must submit a preliminary project proposal.

(B) Applications are accepted year-round.

Recipients shall provide— 1. A completed application form provided by the department;

2. Documentation that they have a chief operator certified at the appropriate level, or expect to have prior to loan award;

3. Documentation that they have an emergency operating plan, or expect to have prior to loan award; and 4. Any additional information request by the department to determine the recipient’s compliance history and technical, managerial, and financial capacity.

(C) By submission of its application, the recipient certifies and warrants that the recipient has not, nor will through the loan amortization period, violate any of its bond covenants.

(4) Evaluation.

(A) Funds are available on a first-come, first-served basis. If available funds are not sufficient to finance all applications, the funds will be distributed based on immediacy of need. Preference is given to those recipients receiving funding through other funding programs administered by the Department of Natural Resources.

(5) Fees.

(A) The department may charge annual loan fees not to exceed one-half percent (0.5%) of the outstanding loan balance of each loan, except as provided under sub

section (5)(B).

(B) Additional administrative fees.

Additional administrative fees may be assessed by the department at the time the administration fee is calculated for failure by a recipient to pay debt service on a loan or submit approved documents to the department (for example, operation and maintenance manuals, enacted user charge and water-use ordinances, and executed contract documents, etc.) in accordance with the time frames provided under the agreement entered into by the recipient. The additional fee will be an additional one-tenth percent (0.1%) per month that the document remains delinquent.

The additional fee for delinquent documents will be collected only during the year in which the document is not submitted.

(6) Interest Rates. The department will use the target interest rate (TIR) as outlined in 10 CSR 60-13.020(3)(E).

(7) Amortization Schedules. The following guidelines shall be used to establish amortization schedules under this rule:

(A) The bonds, notes, or other obligations shall be fully amortized for a period not longer than twenty (20) years after initiation of operation;

(B) The principal payment frequency shall be no less than annual and interest payments at least semiannual;

(C) The amortization schedule may either be straightline or declining schedules for the term of the debt obligation. The department may approve an alternative amortization method if deemed appropriate; and (D) Repayment of principal shall begin not later than one (1) year after initiation of operation.

(8) Requirements for Loan Recipients.

(A) Engineering Report and Project Design. Engineering report and design of eligible projects for community water systems shall conform with 10 CSR 60-3.010 and 10 CSR 60-10.010.

(B) Loan Closing. All documents and information must be submitted to the department in sufficient time to allow adequate time for review and must be approved sixty (60) days prior to the loan closing date established by the department. The department may extend deadlines if justified.

1. Final document submittal. The following documents must be submitted to and approved by the department:

A. Resolution identifying the authorized representative by name. Recipients for assistance shall provide a resolution by the governing body designating a representative authorized to file the application for assistance, reimbursement requests, and act on behalf of the recipient in all matters related to the project;

B. Proposed project schedule. The following represents the minimum requirements for the project schedule:

(I) Construction start defined as date of issuance of notice to proceed;

(II) Construction Completion;

(III) Initiation of operation; and (IV) Project completion;

C. Executed engineering contract as described in this rule and the appropriate procurement documentation as described in paragraph (8)(G)1.;

D. Engineering report and plans and specifications certified by a registered professional engineer licensed in Missouri;

E. Certification of easements and real property acquisition. Recipients of assistance shall have obtained title or option to the property or easements for the project prior to loan closing;

F. Draft user charge and water use ordinances as described in this rule; and G. Other information or documentation deemed necessary by the recipient or the department to ensure the proper expenditure of loan funds.

2. Projects serving multiple water systems. Prior to closing, if the project serves two (2) or more public water systems, the recipient shall submit executed agreements or contracts between the public water systems for the financing, construction, and operation of the proposed facilities.

3. User charge (water rate) ordinance.

A. Loan recipients are required to maintain, for the useful life of the project, user charge ordinances approved by the department. User charge ordinances, at a minimum, shall be adopted prior to financing and implemented by the initiation of operation of the financed project.

B. The user charge system shall be designed to produce adequate revenues required for the operation and maintenance, including a reserve for equipment replacement. It shall be proportional and based upon actual use. A one hundred ten percent (110%) debt service reserve may be required. Each user charge system shall include an adequate financial management system that will accurately account for revenues generated by the system, debt service, and loan fee costs and expenditures for operation and maintenance, including replacement based on an adequate budget identifying the basis for determining the annual operation and maintenance costs and the costs of personnel, material, energy, and administration. The user charge system shall provide that the costs of operation and maintenance not directly attributable to users be distributed equally among the users. The system shall provide for an annual review of charges.

4. Additional requirements for privatelyowned public water systems. Privately-owned public water systems must provide documentation from the Missouri Department of Economic Development showing an allocation under Missouri’s private activity bond cap and must obtain any necessary approvals from the Public Service Commission.

(C) Operation and Maintenance.

1. Operation and maintenance manual.

The recipient must make provision satisfactory to the department for assuring operational efficiency be achieved as quickly as possible and effective operation and maintenance of the constructed project throughout its design life. If required by the department, recipients will develop an operation and maintenance manual in accordance with departmental guidelines. A draft operation and maintenance manual must be submitted by construction completion.

2. Start-up training. At construction completion, a start-up training proposal (if required) and proposed follow-up services contract must be submitted.

3. Personnel. The recipient must make provision satisfactory to the department for assuring that operator(s) and maintenance personnel are hired in accordance with an approved schedule.

4. System certification. If required by the department, one (1) year after initiation of operation of the constructed public water system, the recipient shall certify to the department whether or not the public water system meets the project performance standards. Any statement of noncompliance must be accompanied by a corrective action report containing an analysis of the cause of the project’s inability to meet performance standards, actions necessary to bring it into compliance, and reasonably scheduled date for positive certification of the project. Timely corrective action shall be executed by the recipient.

(D) Accounting and Audits. Recipients are required to have a dedicated source for repayment of any loans and an adequate financial management system and audit procedure for the project which provides efficient and effective accountability and control of all property, funds, and assets related to the project. The recipient’s financial system is subject to state or federal audits to assure fiscal integrity of public funds.

1. Each recipient is expected to have an adequate accounting system for the project which provides efficient and effective accountability and control of all property, funds, and assets.

10CODE OF STATE REGULATIONS

2. The recipient is responsible for maintaining a financial management system which will adequately provide for an accurate, current, and complete disclosure of the financial results of each loan project. Accounting for project funds will be in accordance with generally accepted government accounting principles and practices, consistently applied, regardless of the source of funds.

3. An acceptable accounting system includes books and records showing all financial transactions related to the construction project. The system must document all receipt and disbursement transactions and group them by type of account (for example, asset, revenue, expense, etc.) and by individual expense account (for example, personnel salaries and wages, subcontract costs, etc.).

The recipient shall maintain books, records, documents and other evidence and accounting procedures and practices, sufficient to reflect properly the amount, receipt, and disposition by the recipient for all assistance received for the project and the total costs of the project of whatever nature incurred for the performance of the project for which the assistance was awarded.

(E) Record Retention Requirements. The recipient must retain all records according to the retention schedules established by

Chapter 109, RSMo. A longer retention period may be required under the loan documentation.

(F) Minimum Requirements for Architectural or Engineering Contracts.

1. The agreement must— A. Be necessary for and directly related to the accomplishment of the eligible pro- B. Be a lump sum or cost plus fixed fee contract in the form of a bilaterally executed written agreement;

C. Be for monetary consideration;

D. Not be in the nature of a grant or gift;

E. State a time frame for performance;

F. State a cost which cannot be exceeded except by amendment; and G. State provisions for payment.

2. The nature, scope, and extent of work to be performed during construction should include, but not be limited to, the following:

A. Preparing an operation and maintenance manual if required by the department that meets the requirements of this rule;

B. Assisting the recipient in letting C. Assisting the recipient in reviewing and analyzing construction bids and making recommendations for award;

D. Inspecting during construction to ensure conformance with the construction contract documents unless waived by the department; and E. If required by the department, assisting with facility operation for purposes of certifying that the facility is operating properly one (1) year after start-up.

3. The final approved executed engineering contract must be submitted prior to the first reimbursement request.

(G) Procurement of Engineering Services.

1. Procurement of engineering services shall be in accordance with sections 8.285 through 8.291, RSMo or subsection (8)(J) of this rule.

(H) Specifications. The construction specifications must contain the following:

1. Recipients must incorporate in their specifications a clear and accurate description of the technical requirements for the material, product, or service to be procured.

The description, in competitive procurement, shall not contain features which unduly restrict competition unless the features are necessary to test or demonstrate a specific thing or to provide for interchangeability of parts and equipment. The description shall include a statement of the qualitative nature of the material, product, or service to be procured and, when necessary, shall set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use;

2. The recipient shall avoid the use of detailed product specifications if at all possible;

3. When in the judgment of the recipient it is impractical or uneconomical to make a clear and accurate description of the technical requirements, recipients may use a brand name or equal description as a means to define the performance or other salient requirements of a procurement. The recipient need not establish the existence of any source other than the named brand. Recipients must state clearly in the specification the salient requirements of the named brand which must be met by offerers;

4. Sole source restriction. A specification shall not require the use of structures, materials, equipment, or processes which are known to be available only from a sole source, unless the department determines that the recipient’s engineer has adequately justified in writing to the department that the proposed use meets the particular project’s minimum needs;

5. Experience clause restriction. The general use of experience clauses requiring equipment manufacturers to have a record of satisfactory operation for a specified period of time or of bonds or deposits to guarantee replacement in the event of failure is restricted to special cases where the recipient’s engineer adequately justifies any such requirement in writing. Where this justification has been made, submission of a bond or deposit shall be permitted instead of a specified experience period. The period of time for which the bond or deposit is required shall not exceed the experience period specified;

6. Domestic products procurement law requirements in accordance with sections 34.350–34.359, RSMo;

7. Bonding on construction contracts exceeding fifty thousand dollars ($50,000), the bid documents shall require each bidder to furnish a bid guarantee equivalent to five percent (5%) of the bid price. In addition, the bid documents must require the successful bidder to furnish performance and payment bonds, each of which shall be in an amount not less than one hundred percent (100%) of the contract price;

8. State wage determination in accordance with sections 290.210-290.340, RSMo and 8 CSR 30 Chapter 3;

9. Right of entry to the project site shall be provided for representatives of the department, the Environmental Improvement and Energy Resources Authority, and the Missouri State Auditor so they may have access to the work wherever it is in preparation or progress; and 10. The following statement: “The owner shall make payment to the contractor in accordance with section 34.057, RSMo.”

(I) Construction Equipment and Supplies Procurement. This section describes the minimum procurement requirements which the recipient must use unless the recipient elects to use the design/build option described in subsection (8)(J) of this rule.

1. Small purchases. A small purchase is the procurement of materials, supplies, and services when the aggregate amount involved in any one (1) transaction does not exceed one hundred fifty thousand dollars ($150,000). The small purchase limitation of one hundred fifty thousand dollars ($150,000) applies to the aggregate total of an order, including all estimated handling and freight charges, overhead, and profit to be paid under the order. In arriving at the aggregate amount involved in any one (1) transaction, all items which should properly be grouped together must be included.

Department concurrence and a minimum of three (3) quotes must be obtained prior to purchase.

2. Bidding requirements. This paragraph applies to procurement of construction equipment, supplies, and construction services in excess of one hundred fifty thousand dollars 12CODE OF STATE REGULATIONS ($150,000) awarded by the recipient. No contract shall be awarded until the department has approved the formal advertising and bidding.

A. Formal advertising.

(I) Adequate public notice. The recipient will cause adequate notice to be given of the solicitation by publication in newspapers of general circulation beyond the recipient’s locality (preferable statewide), construction trade journals or plan rooms, inviting bids on the project work and stating the method by which bidding documents may be obtained or examined.

(II) Adequate time for preparing bids. A minimum of thirty (30) days shall be allowed between the date when public notice, publication, insertion, or document availability in a plan room is first published and the date by which bids must be submitted.

Bidding documents shall be available to prospective bidders from the date when the notice is first published or provided.

B. Bid document requirements and procedure.

(I) The recipient shall prepare a reasonable number of bidding documents (Invitations for Bids) and shall furnish them upon request on a first-come, first-served

basis. The recipient shall maintain a complete set of bidding documents and shall make them available for inspection and copying by any party. The bidding documents shall include, at a minimum:

(a) A completed statement of the work to be performed or equipment to be supplied and the required completion schedule;

(b) The terms and conditions of the contract to be awarded;

(c) A clear explanation of the method of bidding and the method of evaluation of bid prices and the basis and method for award of the contract or rejection of all (d) Responsibility requirements and criteria which will be employed in evaluating bidders;

(e) The recipient shall provide for bidding by sealed bid and for the safeguarding of bids received until public open- (f) If a recipient desires to amend any part of the bidding documents during the period when bids are being prepared, addenda shall be communicated in writing to all firms which have obtained bidding documents in time to be considered before the bid opening time. All addenda must be approved by the department prior to award of the contract;

(g) A firm which has submitted a bid shall be allowed to modify or withdraw its bid before the time of bid opening;

(h) The recipient shall provide for a public opening of bids at the place, date, and time announced in the bidding documents. Bids received after the announced opening time shall be returned unopened;

(i) Award shall be to the lowest, responsive, responsible bidder. After bids are opened, the recipient shall evaluate them in accordance with the methods and criteria set forth in the bidding documents. The recipient shall award contracts only to responsible contractors that possess the potential ability to perform successfully under the terms and conditions of a proposed contract. A responsible contractor is one that has financial resources, technical qualifications, experience, organization, and facilities adequate to carry out the contract or a demonstrated ability to obtain these. The recipient may reserve the right to reject all bids. Unless all bids are rejected for good cause, award shall be made to the lowest, responsive, responsible bidder.

The recipient shall have established protest provisions in the specifications. These provisions shall not include the department as a participant in the protest procedures. If the recipient intends to make the award to a firm which did not submit the lowest bid, the recipient shall prepare a written statement before any award, explaining why each lower bidder was deemed nonresponsible or nonresponsive and shall retain the statements in its files. The recipient shall not reject a bid as nonresponsive for failure to list or otherwise indicate the selection of subcontractor(s) or equipment unless the recipient has clearly stated in the solicitation documents that the failure to list shall render a bid nonresponsive and shall cause rejection of a bid; and (j) Departmental concurrence with contract award must be obtained prior to actual contract award. Recipients shall notify the department, in writing, of each proposed construction contract which has an aggregate value over one hundred fifty thousand dollars ($150,000). The recipient shall notify the department within ten (10) calendar days after the bid opening for each construction subagreement. The notice shall include:

I. Proof of advertising;

II. Tabulation of bids;

III. The bid proposal from the bidder that the recipient wishes to accept, including justification if the recommended successful bidder is not also the lowest bidder;

IV. Recommendation of award;

V. Any addenda not submitted previously and bidder acknowledgment of all addenda;

VI. Copy of the bid bond;

VII. One (1) set of as-bid specifications;

VIII. Revised financial capability worksheet and certification if bids exceed prebid estimates by more than fifteen percent (15%); and IX. Site certification, if not previously submitted.

(J) Procurement of Design-build Services.

The procurement of design-build services shall be in accordance with section 67.5060, RSMo.

Recipients that are exempt from section 67.5060, RSMo may also utilize design-build services if local ordinances or policies allow design-build and the procurement of the design-build team considers both the qualifi cations of the team. Recipients seeking funds for a project utilizing design-build services must notify the department with the recipient’s application. Recipients that utilize design-build services shall coordinate procurement activities with the department to ensure compliance.

(K) Conflict of Interest.

1. No employee, officer, or agent of the recipient shall participate in the selection, award, or administration of a subagreement supported by state or federal funds if a conflict of interest, real or apparent, would be involved. This conflict would arise when— A. Any employee, officer or agent of the recipient, any member of their immediate families, or their partners have a financial or other interest in the firm selected for a contract; or B. An organization which may receive or has been awarded a subagreement employs, or is about to employ, any employee, officer or agent of the recipient, any member of their immediate families, or their partners.

2. The recipient’s officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of substantial monetary value from contractors, potential contractors, or other parties to subagreements.

(L) Changes in Contract Price or Time.

The contract price or time may be changed only by a change order. The value of any work covered by a change order or of any claim for increase or decrease in the contract price shall be determined by the methods set forth in the following:

1. Unit prices.

A. Unit prices previously approved are acceptable for pricing changes of original bid items. However, when changes in quantities exceed fifteen percent (15%) of the original bid quantity and the total dollar change of that bid item is greater than twenty-five thousand dollars ($25,000), the recipient shall review the unit price to determine if a new unit price should be negotiated.

B. Unit prices of new items shall be negotiated;

2. A lump sum to be negotiated; and 3. Cost reimbursement. The actual cost for labor, direct overhead, materials, supplies, equipment, and other services necessary to complete the work plus an amount to cover the cost of general overhead and profit.

(M) Progress Payments to Contractors.

1. Recipients should make prompt progress payments to prime contractors and prime contractors should make prompt progress payments to subcontractors and suppliers for eligible construction, supplies, and equipment costs in accordance with section 34.057, RSMo.

2. Retention from progress payments.

The amount the recipient retains shall be in accordance with section 34.057, RSMo.

(N) Trustee or Paying Agent. The department may require the recipient to contract with a trustee or paying agent to provide the services listed below, along with other such services as detailed in the participant’s escrow agreement:

1. Maintain separate trust funds and accounts for recipients;

2. Disburse funds to recipients;

3. Collect principal and interest quarterly payments from recipients; and 4. Provide monthly financial reports to recipients.

(9) Reimbursement Terms.

(A) The maximum reimbursement will be no more than the sum of all eligible costs incurred to date. Each payment shall include the information listed here and any other information deemed necessary by the department to ensure proper project management and expenditure of public funds:

1. Completed reimbursement request form;

2. Construction pay estimates signed by the construction contractor, the recipient, and the consulting engineer, if applicable; and 3. Invoices for other eligible services, equipment, and supplies for the project.

(B) If the department is satisfied that the payment request accurately reflects the eligible cost incurred to date on the project, the department will request that state payment be issued to the recipient.

Filed June 13, 2018, effective Feb. 28, 2019. 1981, 1982, 1988, 1989, 1992, 1993,1995, 1996, 1998, 1999, 2002, 2006, 2012, 2014 and 640.140, RSMo 1978.

**History**
- *AUTHORITY: sections 640.100 and 640.140, RSMo 2016. Original rule filed Jan. 19, 2001, effective Sept. 30, 2001. Amended:*

##### **10 CSR 60-13.030** Environmental Review {#sec-10-csr-60-13.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-13.030}

PURPOSE: This rule establishes procedures and requirements for environmental reviews for assistance from the Drinking Water State Revolving Fund program.

(1) General. The purpose of the environmental review is to ensure that the project will comply with applicable local, state, and federal laws and rules relating to the protection and enhancement of the environment. Based upon the staff’s review, the director will make formal determinations regarding the potential social and environmental impacts of the proposed project. As necessary, the determination will include mitigative provisions as a condition of the provision of financial assistance for construction. No financial assistance will be provided until a final environmental determination has been made.

Nothing in this rule shall prohibit any public, private, or governmental party from seeking administrative or legal relief from the determinations of the director.

(2) Basic Environmental Determinations.

There are three (3) basic environmental determinations that will apply to projects proposed to be implemented with assistance from the fund.

(A) Categorical exclusion (CE). The CE determination applies to categories of projects that have been shown over time not to entail significant impacts on the quality of the human environment.

1. Projects which meet the following criteria may be categorically excluded from formal environmental review requirements:

A. The project is directed solely toward minor rehabilitation of existing facilities, functional replacement of equipment, or toward the construction of related facilities adjoining the existing facilities that do not affect the degree of water treatment or the capacity of the public water system.

Examples include rehabilitation of existing equipment and structures, and the construction of small structures on existing sites; or B. New underground water lines or structures if located entirely in existing rights-of-way that have been previously disturbed and supported by appropriate documentation to verify the rights-of-way location(s) and type(s) of previous disturbance.

2. CEs will not be granted for projects that entail— A. The construction of new water mains located outside existing rights-of-ways;

B. A new water supply source or relocation of an existing water supply source;

C. An increase of more than thirty percent (30%) in the capacity of the water system;

D. Provision of a capacity for a population thirty percent (30%) or greater than the existing population;

E. Known or expected impacts to cultural resources, threatened or endangered species, or other environmentally sensitive areas; and F. The construction of facilities that are known or expected to be not cost-effective or are likely to cause significant public controversy.

(B) Finding of no significant impact/environmental assessment (FNSI/EA). The FNSI/EA will be based upon an environmental review by the staff supported by an environmental information document (EID) prepared by the recipient in conformance with guidance developed by the department. If a FNSI/EA is not appropriate, a public notice noting the preparation of an environmental impact statement (EIS) will be required. The director’s issuance of a FNSI/EA will be based upon documentation that the potential environmental impacts will not be significant or that they may be mitigated without extraordinary measures.

(C) Record of Decision (ROD). The ROD may only be based upon an EIS in conformance with the format and guidelines described in subsection (5)(C). An EIS will be required when the director determines any of the following:

1. The project will significantly affect the pattern and type of land use or growth and distribution of the population;

2. The effects resulting from any structure or facility constructed or operated under the proposed action may conflict with local or state land use plans or policies;

3. The project may have significant adverse impacts upon— A. Wetlands;

B. Floodplains;

C. Threatened and endangered species or their habitats;

D. Cultural resources including parklands, preserves, other public lands, or recognized scenic, recreational, prime farmlands, archeological, or historic value; and E. Prime farmland;

4. The project will displace populations or significantly alter the characteristics of existing residential areas; and 5. The project directly or indirectly (for example, through induced development) may have significant adverse effect upon local ambient air quality, local noise levels, surface and groundwater quantity or quality, fish, shellfish, wildlife, or their natural habitats.

(3) When five (5) or more years have elapsed between the last environmental determination and the submittal of an application to the fund, the director will reevaluate the project, environmental conditions, and public views and, prior to approval of the application, proceed in accordance with section (6) of this

rule.

(4) Construction Prior to Environmental Review.

(A) A recipient may request advance

2. Not preclude any reasonable alternatives identified for the complete system;

3. Not cause significant direct or indirect environmental impacts, including those which cannot be acceptably mitigated without completing the entire project; and 4. Not be highly controversial.

(B) Based upon the review of the information required by section (5) of this rule, the director will issue a FNSI/EA so conditioned as to prohibit construction of the remainder of the project until a complete environmental review has been performed and a subsequent environmental determination has been issued.

(5) Information Required for Environmental Review.

(A) Recipients seeking a CE shall provide the director with sufficient documentation to demonstrate compliance with the criteria of subsection (2)(A). At a minimum, this shall consist of a— 1. Brief, complete description of the proposed project and its costs;

2. Statement indicating that the project is cost-effective, and that the recipient is financially capable of constructing, operating, and maintaining the facilities; and 3. Plan map(s) of the proposed project showing— A. The location of all construction areas;

B. The planning area boundaries; and C. Any known environmentally sensitive areas.

(B) An EID shall be submitted by those recipients whose proposed projects do not meet the criteria for a CE and for which the director has made a preliminary determination that an EIS will not be required. The director will provide guidance on both the format and contents of the EID to potential recipients prior to initiation of facilities planning.

1. At a minimum, the contents of an EID shall include:

A. The purpose and need for the pro- B. Information describing the current environmental setting of the project and the future environmental setting without the pro- C. The alternatives to the project as proposed;

D. A description of the proposed pro- E. The proposed impact of the project and alternatives on the user rates;

F. The potential environmental impacts of the project as proposed including those which cannot be avoided;

G. The relationship between the short-term uses of the environment and the maintenance and enhancement of long-term productivity;

H. Any irreversible and irretrievable commitments of resources to the proposed project;

I. Proposed mitigation measures to minimize the environmental impacts of the project;

J. A description of public participation activities conducted, issues raised, and changes to the project which may be made as a result of the public participation process; and K. Documentation of coordination with appropriate governmental agencies.

2. The recipient shall hold a public meeting or hearing on the proposed project and the EID, and provide the director with a complete record of the meeting or hearing.

The meeting or hearing will be advertised at least thirty (30) days in advance in a local newspaper of general circulation. Included with the meeting record will be a list of all attendees with addresses, any written testimony, and the recipient’s responses to the issues raised.

(C) The format of an EIS shall encourage sound analyses and clear presentation of alternatives, including the no-action alternative and the selected alternative and their environmental, economic, and social impacts. The following format shall be followed by the recipient unless the director determines there are compelling reasons to do otherwise:

1. A cover sheet identifying the recipient, the project(s), the program through which financial assistance is requested, and the date of publication;

2. An executive summary consisting of a five to fifteen (5-15) page summary of the critical issues of the EIS in sufficient detail that the reader may become familiar with the proposed project and its cumulative effects.

The summary will include:

A. A description of the existing problem;

B. A description of each alternative;

C. A listing of each alternative’s potential environmental impacts, mitigative measures, and any areas of controversy; and D. Any major conclusions;

3. The body of the EIS which shall contain the following information:

A. A complete and clear description of the purpose and need for the proposed project that clearly identifies its goals and objectives;

B. A balanced description of each alternative considered by the recipient. The descriptions will include the size and location of the facilities and pipelines, land requirements, operation and maintenance requirements, and construction schedules. The alternative of no action will be discussed and the recipient’s preferred alternative(s) will be identified. Alternatives that were eliminated from detailed examination will be presented with the reasons for their elimination;

C. A description of the alternatives available to the department including:

(I) Providing financial assistance to the proposed project;

(II) Requiring that the proposed project be modified prior to providing financial assistance to reduce adverse environmental impacts or providing assistance with conditions requiring the implementation of mitigative measures; and (III) Not providing financial assistance;

D. A description of the alternatives available to other local, state, and federal agencies which may have the ability to issue or deny a permit, provide financial assistance, or otherwise affect or have an interest in any of the alternatives;

E. A description of the affected environment and environmental consequences of each alternative including secondary and cumulative impacts. The affected environment on which the evaluation of each alternative will be based includes, as a partial listing, hydrology, geology, air quality, noise, biology, socioeconomics, land use, and cultural resources of the facilities planning area.

The department will provide guidance, as necessary, to the recipient regarding the evaluation of the affected environment. The discussion will present the total impacts of each 14CODE OF STATE REGULATIONS alternative in a manner that will facilitate comparison. The effects of the no-action alternative must be included to serve as a baseline for comparison of the adverse and beneficial impacts of the other alternatives. A description of the existing environment will be included in the no-action section to provide background information. The detail in which the affected environment is described will be commensurate with the complexity of the situation and the significance of the anticipated impacts;

4. The draft EIS will be provided to all local, state, and federal agencies and public groups with an interest in the proposed project and be made available to the public for review. The final EIS will include all objections and suggestions made before and during the draft EIS review process along with the issues of public concern expressed by individuals or interested groups. The final EIS must include discussions of any such comments pertinent to the project or the EIS. All commenters will be identified. If a comment has led to a change in either the project or the EIS, the reason should be given. The department will always endeavor to resolve any conflicts that may have arisen, particularly among permitting agencies, prior to the issuance of the final EIS. In all cases, the comment period will be no less than fortyfive (45) days;

5. Material incorporated into an EIS by reference will be organized into a supplemental information document and be made available for public review upon request. No material may be incorporat ed by reference unless it is reasonably available for inspection by interested persons within the comment periods specified in paragraph (5)(C)4. and subparagraph (5)(C)7.C.;

6. When an EIS is prepared by contractors, either in the service of the recipient or the department, the department will independently evaluate the EIS prior to issuance of the ROD and take responsibility for its scope and contents. The staff who undertake this evaluation will be identified under the list of preparers along with those of the contractor and any other parties responsible for the content of the EIS; and 7. The public participation required for an EIS is extensive but, depending upon the nature and scope of the proposed project, should be supplemented by the recipient. The following requirements represent the minimum allowable:

A. Upon making the determination that an EIS is required of a proposed project, the department will distribute a notice of intent to prepare an EIS;

B. As soon as possible after the notice of intent has been issued, the director will convene a meeting of the affected federal, state, and local agencies, the recipient and other interested parties to determine the scope of the EIS. A notice of this scoping meeting may be incorporated into the notice of intent or prepared as in paragraph (5)(B)2. of this rule, except that in no case will the notification period be less than forty-five (45)

days. As part of the scoping meeting the director will, at a minimum— (I) Determine the significance of issues and analyze in depth the scope of those significant issues in the EIS;

(II) Identify the preliminary range of alternatives to be considered;

(III) Identify potential cooperating agencies and determine the information or analyses that may be needed from cooperating agencies or other parties;

(IV) Discuss the method for EIS preparation and the public participation strategy;

(V) Identify consultation requirement of other laws and regulations; and (VI) Determine the relationship between the preparation of the EIS and the completion of the engineering report and any necessary arrangements for coordination of the preparation of both documents; and C. Following the scoping process, the director will begin the identification and evaluation of all potentially viable alternatives to adequately address the range of issues developed in the scoping. A summary of this, including a list of the significant issues identified, will be provided to the recipient and other interested parties. Preparation of the EIS will be done at the discretion of the department: directly, by the staff; by consultants to the department; or by a consultant contracted by the recipient subject to approval by the department. In the latter two (2) cases, the consultant will be required to execute a disclosure statement prepared by the department signifying they have no financial or other conflicting interest in the outcome of the project. Both the draft EIS and final EIS will be distributed and made available for public review in a fashion consistent with the requirements of paragraph (5)(B)2. of this

rule except that the advertisement and comment period for the public participation will be no less than forty-five (45) days. The department will publish in a newspaper of general circulation in the project area, a notice of availability of the EIS giving locations at which it will be available for public review at least forty-five (45) days prior to making any environmental determination.

(6) Environmental Determination.

(A) When the director has determined that a recipient’s proposed project may be excluded from a formal environmental review, the director will prepare a determination to categorically exclude the project. The director will distribute the determination to interested federal agencies, state and local governments, and entities that have expressed an interest in the proposed project, and a copy will be available to the public upon request.

(B) An environmental review of the proposed project, supported by the recipient’s EID, will be conducted by the director to determine whether any significant impacts are anticipated and whether any changes may be made in the proposed project to eliminate significant adverse impacts. As part of this review, the director may require the recipient to submit additional information or undertake additional public participation and coordination to support its environmental determination. Based on the environmental review, the director will prepare a FNSI/EA describing— 1. The purpose and need for the proposed project;

2. The proposed project including its costs;

3. The alternatives considered and the reasons for their rejection or acceptance;

4. The existing environment;

5. Any potential adverse impacts and mitigative measures; and 6. Any proposed conditions to the provision of financial assistance and any means provided for the monitoring of compliance with the conditions.

(C) When the director has determined that a FNSI/EA will be issued, the director will prepare a FNSI/EA. The FNSI/EA will be distributed to the interested federal agencies, state and local governments, entities that have expressed an interest in the proposed project and a copy will be available to the public upon request. No action regarding approval of the engineering report or the provision of financial assistance will be taken by the director for at least thirty (30) days after the issuance of the FNSI/EA.

(D) Public participation requirements for an EIS are detailed in paragraph (5)(B)2. except the ROD and final EIS shall have a forty-five- (45-) day period of notice.

(7) Project Modification. Recognizing that a project may be altered at some time after an environmental determination on the project has been issued, the director will provide that, prior to approval, the plans and specifications, loan application and related documents will be examined for consistency with the environmental determination. If inconsistencies are found, the director may revoke a CE and require the preparation of an FNSI/EA or an EIS, or require the preparation of amendments to a FNSI/EA or supplements to an EIS, as appropriate. Based upon the staff’s review of the amended project, the director will— (A) Reaffirm the original environmental determination through the issuance of a public notice or statement of finding;

(B) Issue a FNSI for a project for which a CE has been revoked or issue a public notice that the preparation of an EIS will be required;

(C) Issue an amendment to a FNSI/EA or revoke a FNSI and issue a public notice that the preparation of an EIS will be required; or (D) Issue a supplement to a ROD or revoke a ROD and issue a public notice that financial assistance will not be provided.

(8) The director may, on a case-by-case basis, accept the environmental determinations, consistent with the National Environmental Policy Act completed by other state and federal agencies. Environmental determinations completed by other state and federal agencies must be less than five (5) years old unless reaffirmed.

16CODE OF STATE REGULATIONS

**History**
- *authority to construct part of the proposed drinking water project prior to completion of the necessary environmental review when that part of the project will— 1. Remedy a severe public health problem immediately;*
- *AUTHORITY: sections 640.100 and 640.107, RSMo 2016. Emergency rule filed July 15, 1998, effective July 25, 1998, expired Feb. 25, 1999. Original rule filed Aug. 17, 1998, effective April 30, 1999. Amended: Filed June 13, 2018, effective Feb. 28, 2019. 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999, 2002, 2006, 2012, 2014 and 640.107, RSMo 1998.*

### **Chapter 14** Operator Certification

##### **10 CSR 60-14.010** Classification of Public Water Systems and System Requirements {#sec-10-csr-60-14.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-14.010}

PURPOSE: This rule determines the classification level of public water system treatment and distribution systems for the purpose of determining the certification level required for the chief operator. It also establishes system requirements for certified operating personnel.

(1) Applicability. This rule applies to all community and nontransient noncommunity public water systems and those transient noncommunity public water systems that use surface water or groundwater under the direct influence of surface water. Therefore, where the term “public water system” is used in this

rule, it is understood to refer only to these types of systems.

(2) Definitions.

(A) Available. Based on system size, complexity, and source water quality, a certified operator must be on-site or able to be contacted promptly (i.e., reasonably accessible) as needed to initiate appropriate action in a timely manner.

(B) Certified operator. Any individual holding a valid water treatment or water distribution certificate of any level issued by the department.

(C) Chief operator. A certified operator designated by the owner of the public water system to have overall responsibility for the decisions regarding supervisory and operational activities that will directly impact the quality and quantity of drinking water. This individual must possess a certificate at the level of or higher than the classification of the treatment facility or distribution system for which he or she is responsible.

(D) Operator in responsible charge. An individual who performs the duties of a chief operator.

(E) Operate. To make or act upon process control/system integrity decisions regarding a water treatment facility or distribution system.

(F) Process control/system integrity decisions. Day-to-day decisions that maintain or cause changes in the chemical, biological, physical or radiological quality of the drinking water. These decisions primarily reflect independent, individual judgement which when made incorrectly have the potential to place the public health at risk or place the soundness of the water system or its ability to provide a safe, adequate and continuous supply of water at risk. These decisions are not referring to system design or modifications for which the department requires design or approval by a professional engineer.

(G) Treatment facility. Any place(s) where a community water system or nontransient noncommunity water system alters the physical or chemical characteristics of the drinking water. Chlorination may be considered a function of a distribution system.

(H) Distribution system. Any combination of pipes, tanks, pumps, etc. which delivers water from the source(s) and/or treatment facility(ies) to the consumer.

(3) Classification of Public Water Systems.

(A) The department will classify each treatment facility by considering the treatment facility complexity, source of water, type of treatment performed, and size. This classification is based on, but may not be limited to, the criteria in Table 1 of this rule.

Other treatment technologies not listed in Table 1 will be considered on a case-by-case

basis. From this classification process, the department will determine the certification level that a chief operator must have to supervise the operation of the treatment facility.

(B) The department will classify each distribution system by size and complexity. This classification is based on, but may not be limited to, the criteria in Table 2 of this rule.

Other distribution technologies will be considered on a case-by-case basis. From this classification process, the department will determine the certification level that the chief operator must have to supervise the operation of the distribution system. Systems that only chlorinate, reduce the hardness of the water by ion exchange, or provide no treatment will be classified as distribution systems.

(C) The classification of public water systems, the operational control of which relies on extensive instrumentation, automation, and Supervisory Control and Data Acquisition (SCADA) systems, will be determined on a case-by-case basis.

(D) Any public water system owner may appeal the system’s classification to the Administrative Hearing Commission as provided in section 621.250, RSMo.

(1/29/19) JOHN R. ASHCROFT

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(4) System Requirements.

(A) The water system owner shall place the direct supervision of each treatment facility and each distribution system under the responsible charge of a chief operator.

1. The chief operator shall possess a valid certificate equal to or greater than the classification of the treatment facility or distribution system.

2. The chief operator can be responsible for both the treatment facility and distribution system at the owner’s discretion.

3. The chief operator shall have overall responsibility for no more than one (1) surface water treatment system under one public water system identification number, unless otherwise approved by the department on a case-by-case basis.

4. The name of the chief operator shall be supplied to the department by the owner of the public water system and will be on file at all times.

5. In the event the chief operator is no longer available to serve, the owner of the public water system shall notify the department of the vacancy within fifteen (15) calendar days and shall appoint an interim operator. The interim operator shall be considered the system’s certified chief operator for the purposes of complying with 10 CSR 60- 14.010 and 10 CSR 60-14.020 on a temporary basis until a properly certified chief operator is hired. Following consultation with the public water system owner, the department will establish a schedule of activities and a timeline for the system to have a certified chief operator who has met all applicable certification requirements.

6. Public water systems shall have a contingency plan for a standby replacement chief operator to be available at all times. This may be, for example, a second employee certified at the chief operator level, a mutual assistance agreement with a neighboring system, or a pre-arrangement with a contract operator.

7. The owner shall notify the department in writing within fifteen (15) calendar days after the chief operator is replaced.

(B) If modifications to the public water system change the system’s classification to a higher level, the chief operator shall obtain the higher level certificate by examination.

(C) All operating personnel making independent process control/system integrity decisions about water quality or quantity that affect public health must be certified. This will not typically include, for example, maintenance personnel implementing process control/system integrity decisions made by a certified operator.

(D) Possession of a letter of examination results does not qualify an individual to serve as a certified operator or certified chief operator for a public water system. An individual is not certified until the department issues the appropriate operator certificate.

(E) All process control/system integrity decisions about water quality or quantity that affect public health must be made by a certified operator based on procedures approved by the chief operator.

(F) Contract Operator Agreement.

1. Public water systems employing a certified chief operator through a contract operator (“circuit rider”) arrangement to meet the requirements in subsection (4)(A) shall have a written agreement indicating the responsibilities of the operator, including but not necessarily limited to:

A. The minimum frequency of routine visits to the treatment facility or distribution system;

B. The operator’s duties and responsibilities;

C. The minimum hours the operator will be present for each routine visit;

D. The certification level required by the department for the treatment facility and/or distribution system that the operator is responsible for;

E. The level of certification held by the contract operator;

F. The minimum response time for the operator to be at the water system in the event of an emergency; and G. The number of employees, if any, hired to assist.

2. Circuit rider operators and other contract operators who are performing the duties of chief operator shall be held accountable for operational decisions made in their stead.

3. A copy of the current agreement shall be on file at the system at all times and shall be provided to the department upon request.

(G) The department may establish minimum operator oversight requirements for facilities with extensive instrumentation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automation and SCADA systems. Minimum operator oversight determinations will be made on a case-by-case basis.

(5) Violations.

(A) No person, firm, corporation, municipal corporation or other governmental subdivision or agency shall operate a public water system unless the competency of the chief operator to operate the facility is duly certified by the department as provided in 10 CSR 60-14.020 or 10 CSR 60-14.010(4)(A)5. except during periods of emergency or disaster.

(B) No person shall perform the duties of a chief operator without being duly certified under the provisions of 10 CSR 60-14.020 or 10 CSR 60-14.010(4)(A)5.

(C) Any person, including any firm, corporation, municipal corporation or other governmental subdivision or agency who violates any provisions of this rule will be subject to the penalty provisions of sections 640.130 and 640.131, RSMo.

Amended: Filed June 13, 2018, effective Feb. 28, 2019. 1999, 2002, 2006, 2012, 2014.

**History**
- *AUTHORITY: section 640.100, RSMo 2016. Original rule filed July 11, 1986, effective Jan. 1, 1987. Amended: Filed March 31, 1992, effective Dec. 3, 1992. Amended: Filed Nov. 15, 2000, effective Aug. 1, 2001.*

##### **10 CSR 60-14.020** Certification of Public Water System Operators {#sec-10-csr-60-14.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-14.020}

PURPOSE: This rule sets forth requirements for obtaining and renewing a water system treatment or distribution operator certificate, including experience, education, application and examination requirements. Procedures for denial, suspension and revocation of an operator’s certificate are also established.

(1) Training and Experience Required for Certification.

(A) Actual drinking water treatment or distribution operating experience means the skills and knowledge acquired from making or acting upon day-to-day process control/system integrity decisions rather than from textbook study or supervisory observation. It means the applicant has actually operated a water treatment facility or distribution system, depending on the certificate sought.

In addition, the applicant should have experience in some combination of water system operational tasks such as: sample collection, routine operational tests, interpretation of test results, calculation of chemical dosages and subsequent adjustment of chemical feeders, flow rate and pressure adjustments, filter backwash, water main repair, disinfection and flushing and completion of operational reports.

(B) Equivalent drinking water treatment facility or distribution system operating experience means skills and knowledge acquired from education as described in this rule or work experience that has a substantial relation to drinking water treatment or distribution, depending on the certificate sought.

(C) In order to be eligible for a certificate, the applicant must have accumulated actual or equivalent operational experience and in accordance with Tables 1 and 2.

(D) Years of equivalent experience shall be computed from the criteria in Table 3.

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(E) Equivalent experience credit will be given for department-approved courses developed in a modular format upon completion of all the modules.

(F) Vocational training related to water utilities will be considered for a maximum of six (6) months’ equivalent experience credit.

(G) Upon submission of documentation to the department, the number of years of equivalent experience for formal or vocational training will be calculated.

(H) Documentation submitted for actual and equivalent experience credit consideration which does not fit previously mentioned criteria will be evaluated by the department based on time worked and the relationship to water treatment or distribution. While water system engineering, construction, and safety are water system activities, they are insufficient experience in themselves to be considered actual operating experience. Equivalent experience credit for the purpose of meeting the experience requirement is limited to the maximum years allowed in Tables 1 and 2 of this rule. (Note: The experience allowed for high school equivalency under subsection (1)(N) is in addition to this limit.)

(I) Examples of Actual and Equivalent Operating Experience.

1. Actual experience includes, but is not necessarily limited to, the following examples:

A. Experience in performing water system operational tasks such as: sample collection, routine operational tests, interpretation of test results, calculation of chemical dosages and subsequent adjustment of chemical feeders, flow rate and pressure adjustments, filter backwash, water main repair, disinfection and flushing and completion of operational reports;

B. Experience in making or acting upon day-to-day process control/system integrity decisions;

C. Working as laboratory personnel within a public water system and performing analytical tests, interpreting the results and having the authority to determine needed process control changes qualifies as actual treatment experience;

D. Providing repair and maintenance of pumps, distribution system maintenance, pump station repair, mechanical equipment repair and installation, etc. will be credited with actual distribution and equivalent treatment experience;

E. Consulting engineers will be credited with actual operating experience for experience in making day-to-day process control/system integrity decisions regarding the water treatment facility or distribution system. In order for actual experience to be considered the engineer shall provide documentation of beginning and ending employment dates and the time worked involving these decisions. A letter of verification substantiating the nature of the operating experience from the owner or water manager of each system named shall be included in the application for certification; and F. Managers and supervisors making process control/system integrity decisions regarding the treatment facility or distribution system will be credited with actual operating experience.

2. Equivalent experience.

A. Equivalent treatment experience includes but is not necessarily limited to the following examples:

(I) Consulting engineers conducting work in design and construction of water treatment facilities;

(II) Experience by individuals who perform wastewater analytical tests or drinking water analytical tests for others but do not interpret the results and determine the subsequent needed process control changes;

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(III) Wastewater treatment plant operators; and (IV) Swimming pool operation and maintenance involving water treatment will receive one-quarter (1/4) credit for actual employment time for a maximum allowable six (6) months of equivalent experience credit for water treatment certification.

B. Equivalent distribution experience includes but is not necessarily limited to the following examples:

(I) Consulting engineers conducting work in design and construction of water distribution systems;

(II) Public health officials who inspect public water systems;

(III) Water systems administrative personnel, such as secretaries, meter readers and clerks, etc. who perform such tasks as meter reading, billing and handling of complaints over the telephone, etc.;

(IV) A developer, contractor or employee who has assisted in the installation of water mains or the pump house, but who has not yet accrued actual experience operating the new distribution system;

(V) Experience by individuals within a public water system whose sole water system operational duty is sampling;

(VI) Plumbers will be credited with equivalent distribution experience only;

(VII) Wastewater collection system operators will be credited equivalent water distribution experience only.

C. Experience in the following areas will be credited with equivalent experience for both treatment and distribution certification:

(I) State department water system inspectors and engineers working with public water systems; and (II) Boiler water and other industrial use water treatment.

3. Examples of work experience which may have a relationship to a public water system but are not generally considered for actual or equivalent operating experience credit.

A. A superintendent or manager of public works, water commissioner, mayor, board members, councilpersons or other management positions will not be credited as having actual experience if they perform only general administrative duties and do not make decisions.

B. Private laboratory personnel who only collect samples from public water systems will not receive actual or equivalent experience credit.

(J) Any person not possessing the necessary water system experience required for a particular level of certification may take the examination. Examinee’s applications are not evaluated for adequate experience until after they have passed the examination.

(K) Upon successful completion of the examination, the individual will have to obtain the necessary applicable treatment or distribution system experience within eighteen (18) months from the date of the examination.

(L) If the necessary experience is not obtained within this time frame, the individual must reapply and reexamine.

(M) The minimum age for certification shall be eighteen (18) years.

(N) Education Requirement.

1. The minimum education requirement for certification is fulfilled by meeting any one (1) of the following conditions: a high school diploma; a general equivalency diploma (GED); successful completion of special department-approved training appropriate to the type of certification sought; or six (6) months of experience.

2. Training or experience used to meet the education requirement shall not be counted for equivalent experience credit. Training or experience used to meet the education requirement is not included in the maximum limit on equivalent experience in subsections (1)(C) and (1)(D).

(2) Application for Certification Examination.

(A) Application for certification examination shall be made to the department on forms provided by the department.

1. The completed application must be submitted to the department at least thirty (30) days prior to the examination date.

2. Failure to provide complete working experience information or academic transcripts with the application will result in no operating experience or education credit given for the incomplete items.

(B) The application fee for certification examination as a water treatment facility or a water distribution system operator shall accompany the application. The application fee is set forth in 10 CSR 60-16.040.

(C) An individual applying to take the certification examination will be allowed to reschedule two (2) times within one (1) year of the application date. After one (1) year from the date of the initial application, the individual must reapply as required in subsections (2)(A) and (B) of this rule.

(3) Examination.

(A) The examination application for each applicant must be approved by the department.

(B) A passing score of seventy percent (70%) is required to become certified.

(C) Any examinee who fails to receive a passing grade may not repeat that level examination for a period of not less than sixty (60)

days. The applicant must submit a new application for each examination with the associated fee set forth in 10 CSR 60-16.040.

(D) Examination shall be held at a frequency of not less than four (4) times annually for the purpose of examining applicants for certification at a time and place designated by the department.

(E) Based on the subjects an operator needs to know for a particular type and level of certification, examinations shall contain, but not be limited to, questions pertaining to: the Missouri Public Drinking Water rules; general water systems knowledge; water quality; applied mathematics; chemistry; biology; environmental sciences; laboratory testing procedures; hydraulics; pumping systems; water storage facilities; system controls; backflow prevention; and water treatment or distribution system operation.

(F) Any examinee who fails a certification examination three (3) times and has not successfully completed a department-approved multi-day training course within the previous twelve (12) months that is appropriate to the type and level of certification being sought must do so prior to any further reexamination at that level.

(G) An individual holding a valid Missouri operator certificate shall not be allowed to take an examination of a type and level equal to or lower than their existing certificate.

(H) An examinee who has passed the exam for a particular type and level of certification but did not obtain the necessary experience within the time period allowed in subsection (1)(K) of this rule, will be allowed to reexamine for that level and type of certification.

(4) Certification Without Examination (Grandparenting).

(A) Grandparenting was permitted only to operators in responsible charge of systems that had not been required by the department to have a certified operator prior to August 1, 2001 and submitted an application for a grandparented certificate to the department prior to February 5, 2003. This includes operators in responsible charge of the distribution system whose responsibilities are separate from those of the operator in responsible charge of the treatment system.

(B) A grandparented certificate is valid only for the operator named on the certificate and only at the water treatment facility or distribution system named on the certificate.

Any certificate issued under this provision shall be identified as restricted.

(C) If the classification of the treatment system or distribution system changes to a higher level due to design modifications, the grandparented certification will no longer be valid.

(D) If the grandparented certificate is allowed to expire, the operator must meet the requirements for regular, nongrandparented certification, including passing the appropriate examination.

(E) The operator may replace the restricted, grandparented certificate with a nonrestricted water certificate appropriate to the water system’s classification level at any time by passing the applicable examination and meeting the experience requirements.

(F) Grandparented operators must, within three (3) years of certification, meet all requirements for renewing the grandparented certificate. In order for a grandparented certificate to be renewed the following conditions must be met:

1. The water system owner must certify in writing to the department that the operator named on the certificate continues to be an operator in responsible charge for the public water system;

2. A completed renewal application and the associated fee set forth in 10 CSR 60- 16.040 must be submitted for each certificate; and 3. The department-approved renewal training must be completed prior to the expiration of the certificate.

(5) Reciprocity.

(A) Certificates may be issued, without examination, to any person who holds a valid certificate attained by examination in any state, territory or possession of the United States or any country or any other certifying

(B) The operator requesting certification by reciprocity must have actual water treatment or distribution working experience with a public water system appropriate to the certification sought in the state, province, country, territory or other authorized area which issued the certificate for which reciprocity is requested.

(C) Within one hundred eighty (180) days after beginning employment with a public water system in Missouri, an operator shall apply for reciprocity on the form provided by the department and shall submit to the department the associated application fee set forth in 10 CSR 60-16.040.

(D) Reciprocal certificates will not be issued to persons who are not employed with a public water system in Missouri. If employment with a Missouri public water system is dependent upon Missouri certification, the department will send a letter of intent to issue a certificate to the applicant. The letter of intent is valid for one hundred eighty (180) days provided that the certificate that the application is based upon remains valid.

After that time, the applicant must reapply.

(E) The level of certificate issued will be determined by comparing the original certifying agency’s requirements for certification to Missouri requirements.

(6) Certificates.

(A) Each applicant having met the requirements of a specific certification classification as outlined in this rule and having passed the appropriate examination shall be issued an appropriate certificate.

(B) A certified operator meeting the requirements for a higher level of certification by examination and experience, will be issued the higher level certificate. Upon this issuance, the certificate for the lower classification will become invalid.

(C) The certificate shall be issued for a three (3)-year period. Certificates shall be renewed according to the provisions of section (8).

(7) Denial, Suspension or Revocation of Certificate.

(A) The department may deny a certificate to an applicant if the individual is unqualified, has practiced fraud or deceit in applying for the certificate or has willfully violated any provision of 10 CSR 60.

(B) Based on the frequency and severity of violations of 10 CSR 60, the department may suspend or revoke the certificate(s) of an operator if it is found that the operator has practiced fraud or deception in obtaining the certificate, exhibited gross negligence, malpractice or incompetence in operating a public water system, sabotaged the water system, misled or lied to a government official regarding the water system, participated in sample tampering or selective sampling, falsified facility operating records or reports required by 10 CSR 60 or willfully violated 10 CSR 60.

(C) Suspension shall be for a period not to exceed one (1) year.

(D) Notice of suspension or revocation shall be issued by the department with service by hand delivery or through certified mail to the certified operator’s last known address.

The notice shall state the reason(s) for suspension or revocation, the effective date of the suspension or revocation and any action(s) that the certified operator may take to contest the suspension or revocation.

(E) Any applicant whose certification is denied, suspended, or revoked may appeal to the Administrative Hearing Commission as provided in section 621.250, RSMo.

(F) The suspended or revoked certificate shall be returned to the department by hand delivery, certified mail with return receipt, or registered mail.

(G) Any person wishing to become certified after revocation of a certificate may do so only by examination. Applications for examination to become certified may not be filed until one (1) year has elapsed following the date of revocation. Acceptance of any application for examination shall be at the discretion of the department.

(H) Certification by reciprocity or examination shall not be available to an individual whose certificate has been suspended or revoked until after the period of suspension or revocation.

(I) Operators with a suspended certificate will receive credit for department-approved training courses attended during the period of suspension.

(J) Should a suspended certificate be due for renewal during the period of suspension the operator shall submit the renewal application and fee prior to the expiration date. The renewed certificate will be held by the department until the end of the suspension period.

(K) No individual shall make water system process control/system integrity decisions or perform any duties requiring certification while their certificate is suspended or revoked.

(8) Certificate Renewal.

(A) All certificates issued by the department shall be renewed at least every three (3) years, unless prorated by the department to some other time frame.

(B) All training must be completed prior to the expiration date of the certificate and in accordance with subsection (8)(C). Only training approved by the department will be accepted.

(C) Before a certificate will be renewed, the applicant must submit documentation of training sufficient to meeting the minimum hours for the certificate level, as indicated in Table 4.

(D) The department will send a renewal notice to the applicant’s last known address at least sixty (60) days prior to the expiration of the certificate. Failure of the department to notify the certified operator of the certificate’s pending expiration does not relieve the certified operator of the responsibility for renewing the certificate. An individual is not certified with an expired certificate.

(E) An operator shall apply for renewal on the form provided by the department prior to the lapse of the operator’s certificate. A completed renewal application and the associated fee set forth in 10 CSR 60-16.040 must be submitted for each certificate.

(F) Any certificate not renewed within the two (2) months following the expiration date will be considered lapsed. Any operator with a lapsed certificate will have to submit a new application and reexamine as provided in sections (3) and (4) of this rule.

(G) A late fee shall be charged for any certificate renewed after the expiration date as set forth in 10 CSR 60-16.040.

(H) If the department has received a timely and complete application for renewal, the individual possesses sufficient renewal training and, through no personal fault, the department is unable to issue a new certificate before the expiration date of the current certificate, the current certificate shall remain valid until the department issues its replacement or denies renewal.

(I) An operator shall notify the department in writing of any change in status including, but not necessarily limited to, a change of address, name, telephone number or employer. Submittal of E-mail address and fax number are encouraged. E-mail and fax communications are acceptable methods of written communications under this provision.

(9) All certification and examination fees submitted are nonrefundable and nontransferable.

Amended: Filed Nov. 15, 2000, effective Aug. 1, 2001. Amended: Filed June 13, 2018, effective Feb. 28, 2019. ** Amended: Filed April 29, 2021, effective Dec. 30, 2021. 1999, 2002, 2006, 2012, 2014. **Pursuant to Executive Order 21-07, 10 CSR 60-14.020, subsection (8)(C) was suspended from April 30, 2020 through February 1, 2021. Pursuant to Executive Order 21-07, 10 CSR 60-14.020, sub-

section (8)(G) was suspended from April 19, 2021 through June 30, 2021.

**History**
- *authority, if the requirements for certification of operators under which the person’s certificate was issued do not conflict with the provisions of this rule and are at least as stringent as this rule.*
- *AUTHORITY: section 640.100, RSMo 2016. Original rule filed July 11, 1986, effective Jan. 1, 1987. Rescinded and readopted: Filed July 15, 1991, effective March 1, 1992.*

##### **10 CSR 60-14.030** Operator Training {#sec-10-csr-60-14.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-14.030}

PURPOSE: This rule establishes criteria for approval of training courses.

(1) Only training related to water system operations and maintenance, treatment facilities or distribution systems approved by the department will be given credit.

(A) Training requirements for renewal will be based on the level of certification held by the operator.

(B) Training should include an update of new regulation requirements.

(C) Not more than one-half (1/2) of the total renewal training hours required in a renewal period shall be credited from safety, supervisory, management, administration and financial training and general computer courses.

(2) The following are examples of acceptable training for renewal credit and are not intended to be all-inclusive. Renewal training may include:

(A) Information on regulations, operations, maintenance, construction, testing, record keeping, and repair of equipment including pumps, control valves, altitude valves, fire hydrants, flush hydrants, chlorinators, chemical feeders, elevated tanks, standpipes, reservoirs, pressure tanks, bladder tanks, filters, backflow devices, meters, control systems, and standby power generators;

(B) Information on operations and process control of water treatment system processes including aeration, rapid mix, flocculation, sedimentation, filtration, disinfection, chemical oxidation, chemical precipitation, pH adjustment, stabilization, fluoridation, absorption, ion exchange, reverse osmosis, sludge handling, sequestration, and corrosion control;

(C) Information applicable to water systems on mathematics, chemistry, geology, hydrology, limnology, meteorology, microbiology, hydraulics, cartography, and epidemiology;

(D) Sampling and laboratory techniques for all samples, and analytical analysis required under Chapters 4, 5 and 15 of 10 CSR 60 and as needed for process control;

(E) Safety practices applicable to water system operations including cardiopulmonary resuscitation, first-aid, confined space entry, shoring and trenching, hazardous materials handling, electrical safety, traffic control at construction sites, self-contained breathing apparatus, chlorine repair kit, and tower climbing;

(F) Common operational/maintenance system procedures including development and implementation of a main flushing program, entire system disinfection and flushing, main repair including disinfection flushing, pressure testing, fire flow measurement, leak detection, tower inspection for sanitary defects, draw-down testing, and loss/leakage calculations; and (G) Computer classes directly intended for use at water utilities. Examples include but are not limited to: Supervisory Control and Data Acquisition (SCADA) and other water system operational programming, spreadsheets and databases for tracking and trending laboratory results, scheduling and tracking maintenance. Similar training intended for other types of utilities will be considered on a case-by-case basis.

(3) The following examples provide guidance on unacceptable training for renewal credit and are not intended to be all-inclusive:

(A) Introduction to English;

(B) History;

(C) Welding;

(D) Small motor repair;

(E) Lawnmower safety; and (F) Commercial drivers license training.

(4) All organizations or individuals sponsoring training for water system operators shall submit the following to the department for approval. This information should be submitted to the department at least thirty (30) days prior to the training:

(A) Date and location of the training;

(B) Name, address and telephone number of person to contact regarding the training;

(C) Course outline showing the topic(s) to be presented and time allotted for each (including beginning and ending times);

(D) The name(s) of the instructor(s) and his/her qualifications (not just title or company name);

(E) List of any audiovisual materials to be used such as videotapes, slides, slide/tape presentations, films and overheads; and 7DEOH0LQLPXP7UDLQLQJ5HTXLUHG SHU5HQHZDO&\FOH &HUWLILFDWLRQ/HYHO 0LQLPXP7UDLQLQJ 5HTXLUHG $KRXUV %KRXUV &KRXUV 'KRXUV '6,,,KRXUV '6,,KRXUV '6,KRXUV (F) Handouts.

(5) The department should be notified at least thirty (30) days in advance of any subsequent session(s) of an approved course.

(6) Credit is based upon actual contact time in the training. All breaks and meal times must be noted on the agenda and will not count toward contact time. Excessive time allotted for introductions or welcomes will not count toward contact.

(7) For multiday courses, no credit will be given prior to the completion of the course.

The completion date is the last day of the course. An eighty percent (80%) attendance, based on the total course length in hours, is required to receive credit.

(8) The minimum length of a training course eligible for renewal credit shall be one (1) contact hour. Training credit for a course shall be rounded down to the nearest one-half (0.5) hour. Approved training issued continuing education units (CEUs) will be given credit at the rate of ten (10.0) hours per one (1.0) CEU.

(9) Training provided by the national offices of organizations involved in water treatment or distribution, wastewater treatment, backflow prevention and other related fields or other out-of-state entities will be reviewed for renewal credit on an individual basis. The operator is responsible for retaining proof of training attended and must provide documentation that meets the requirements of section (4) of this rule.

(10) All approvals will be by written correspondence. The approval will include a course attendance roster form that will show the course name, coordinator, date, location, course identification number and amount of renewal credit.

(11) Advertisement of any training shall not state that the program has been approved for credit until the department has issued its formal approval and assigned a course identification number and amount of credit. Any advertisement that states that the training is department-approved must include the course identification number and amount of credit.

(12) Each organization or individual providing training should provide certificates of completion to the attendees. The certificate should include the following:

(A) Attendee’s name;

(B) Name of the course;

(C) Credit;

(D) Course identification number;

(E) Date that the course was held;

(F) Location of the course; and (G) Name of the course coordinator or instructor.

(13) Training providers shall submit the course attendance roster to the department within fifteen (15) working days of the completion of the course. Information on the roster shall include:

(A) Name of the course;

(B) Credit;

(C) Course identification number;

(D) Date that the course was held;

(E) Location of the course;

(F) Name of the course coordinator or instructor;

(G) Names of all attendees;

(H) Certificate number of all attendees, if applicable; and (I) For multiday training courses, which sessions the individual attended.

(14) The department shall make known by a public means which courses and seminars are approved.

(15) Renewal credit shall be valid only for the renewal period in which it was earned.

Renewal credit in excess of the required hours for the renewal period may not be carried over into any subsequent renewal training period.

**History**
- *AUTHORITY: section 640.100, RSMo 2000. Original rule filed July 15, 1991, effective March 1, 1992. Amended: Filed Nov. 15, 2000, effective Aug. 1, 2001. 1999.*

### **Chapter 15** Lead and Copper

##### **10 CSR 60-15.010** General Requirements {#sec-10-csr-60-15.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-15.010}

PURPOSE: This rule gives an overview of requirements covered in the national primary drinking water regulations for lead and copper.

(1) Applicability and Effective Dates. The requirements of this chapter constitute the Missouri public drinking water rules for lead and copper. Unless otherwise indicated, each of the provisions of this chapter applies to community water systems and nontransient noncommunity water systems (after this referred to as water systems or systems).

(2) Scope. These rules establish a treatment technique that includes requirements for corrosion control treatment, source water treatment, lead service line replacement, and public education. These requirements are triggered, in some cases, by lead and copper action levels measured in samples collected at consumers’ taps.

(3) Lead and Copper Action Levels.

(A) The lead action level is exceeded if the concentration of lead in more than ten percent (10%) of tap water samples collected during any monitoring period conducted in accordance with 10 CSR 60-15.070 is greater than 0.015 milligrams/liter (mg/L) (that is, if the ninetieth percentile lead level is greater than 0.015 mg/L).

(B) The copper action level is exceeded if the concentration of copper in more than ten percent (10%) of tap water samples collected during any monitoring period conducted in accordance with 10 CSR 60-15.070 is greater than 1.3 mg/L (that is, if the ninetieth percentile copper level is greater than 1.3 mg/L).

(C) The ninetieth percentile lead and copper levels shall be computed as follows:

1. The results of all lead or copper samples taken during a monitoring period shall be placed in ascending order from the sample with the lowest concentration to the sample with the highest concentration. Each sampling result shall be assigned a number, ascending by single integers beginning with the number one (1) for the sample with the lowest contaminant level. The number assigned to the sample with the highest contaminant level shall be equal to the total number of samples taken;

2. The number of samples taken during the monitoring period shall be multiplied by 0.9;

3. The contaminant concentration in the numbered sample yielded by the calculation in paragraph (3)(C)2. is the ninetieth percentile contaminant level;

4. For water systems serving fewer than one hundred (100) people that collect five (5) samples per monitoring period, the ninetieth percentile is computed by taking the average of the highest and second highest concentrations; and 5. For a public water system that has been allowed by the department to collect fewer than five (5) samples in accordance with 10 CSR 60-15.070(3), the sample result with the highest concentration is considered the ninetieth percentile value.

(4) Corrosion Control Treatment Requirements.

(A) All water systems shall install and operate optimal corrosion control treatment as defined in 10 CSR 60-15.030.

(B) Any water system that complies with the applicable corrosion control treatment requirements specified by the state under 10 CSR 60-15.020 and 10 CSR 60-15.030 shall be deemed in compliance with the treatment requirement contained in subsection (4)(A).

(5) Source Water Treatment Requirements.

Any system exceeding the lead or copper action level shall implement all applicable source water treatment requirements specified by the state under 10 CSR 60-15.040.

(6) Lead Service Line Replacement Requirements. Any system exceeding the lead action level after implementation of applicable corrosion control and source water treatment requirements shall complete the lead service line replacement requirements contained in 10 CSR 60-15.050.

(7) Public Education Requirements. Pursuant to 10 CSR 60-15.060, all water systems must provide a consumer notice of lead tap water monitoring results to persons served at the sites (taps) that are tested. Any system exceeding the lead action level shall implement the public education requirements contained in 10 CSR 60-15.060.

(8) Monitoring and Analytical Requirements.

Tap water monitoring for lead and copper, monitoring for water quality parameters, source water monitoring for lead and copper, and analyses of the monitoring results under this section shall be completed in compliance with 10 CSR 60-15.070, 10 CSR 60-15.080,

##### **10 CSR 60-15.090** and 10 CSR 60-5.010(1). {#sec-10-csr-60-15.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-15.090}

(9) Reporting Requirements. Systems shall report to the state any information required by the treatment provisions of this section and 10 CSR 60-7.020.

(10) Record-keeping Requirements. Systems shall maintain records in accordance with 10 CSR 60-9.010.

(11) Violation of National Primary Drinking Water Regulations. Failure to comply with the applicable requirements of 10 CSR 60- 15.010–10 CSR 60-15.090, 10 CSR 60- 5.010, 10 CSR 60-7.020 and 10 CSR 60- 9.010, including requirements established by the state pursuant to these provisions, shall constitute a violation of the state public drinking water rules for lead, copper, or both. tive May 6, 1993. Amended: Filed Oct. 17, 2011, effective May 30, 2012.

##### **10 CSR 60-15.020** Applicability of Corrosion Control Treatment Steps to Small, Medium-Size, and Large Water Systems {#sec-10-csr-60-15.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-15.020}

PURPOSE: This rule establishes deadlines for public water systems to complete corrosion control treatment required in 10 CSR 60- 15.030 and to conduct associated monitoring.

(1) A large system (serving more than fifty thousand (50,000) persons) shall complete the corrosion control treatment steps as follows unless it is deemed to have optimized corrosion control under paragraph (1)(B)1. or 2. of this rule.

(A) Treatment Steps and Deadlines for Large Systems.

1. The system shall conduct initial monitoring (10 CSR 60-15.070(4)(A) and 10 CSR 60-15.080(2)) during two (2) consecutive six- (6-) month monitoring periods by January 1, 1993.

2. The system shall complete corrosion control studies (10 CSR 60-15.030(3)) by July 1, 1994.

3. The department shall designate optimal corrosion control treatment (10 CSR 60- 15.030(4)) by January 1, 1995.

4. The system shall install optimal corrosion control treatment (10 CSR 60- 15.030(6)) by January 1, 1997.

5. The system shall complete follow-up sampling (10 CSR 60-15.070(4)(B) and 10 CSR 60-15.080(3)) by January 1, 1998.

6. The department shall review installation of treatment and designate optimal water quality control parameters (10 CSR 60- 15.030(7)) by July 1, 1998.

7. The system shall operate in compliance with the department-specified optimal water quality control parameters (10 CSR 60- 15.030(8)) and continue to conduct tap sampling (10 CSR 60-15.070(4)(C) and 10 CSR 60-15.080(4)).

(B) A large system is deemed to have optimized corrosion control and is not required to complete the applicable corrosion control treatment steps identified in this section if the system satisfies one (1) of the following criteria. Any such large system deemed to have optimized corrosion control, and which has treatment in place, shall continue to operate and maintain optimal corrosion control treatment and meet any requirements that the department determines appropriate to ensure optimal corrosion control treatment is maintained.

1. The system demonstrates to the satisfaction of the department that it has conducted activities equivalent to the corrosion control steps applicable to large systems. If the department makes this determination, it shall provide the system with written notice explaining the basis for its decision and shall specify the water quality control parameters representing optimal corrosion control in accordance with 10 CSR 60-15.030(7). Water systems deemed to have optimized corrosion control shall operate in compliance with the department-designated optimal water quality control parameters in accordance with 10 CSR 60-15.030(8) and continue to conduct lead and copper tap and water quality parameter sampling in accordance with 10 CSR 60- 15.070(4)(C) and 10 CSR 60-15.080(4). A system shall provide the department with the following information in order to support this determination:

A. The results of all test samples collected for each of the water quality parameters in 10 CSR 60-15.030(3)(C);

B. A report explaining the test methods used by the water system to evaluate the corrosion control treatments listed in 10 CSR 60-15.030(3)(A), the results of all tests conducted, and the basis for the system’s selection of optimal corrosion control treatment;

C. A report explaining how corrosion control has been installed and how it is being maintained to insure minimal lead and copper concentrations at consumers’ taps; and D. The results of tap water samples collected in accordance with 10 CSR 60- 15.070 at least once every six (6) months for one (1) year after corrosion control has been installed.

2. The water system submits results of tap water monitoring conducted in accordance with 10 CSR 60-15.070 and source water monitoring conducted in accordance with 10 CSR 60-15.090 that demonstrates for two (2) consecutive six- (6-) month monitoring periods that the difference between the ninetieth percentile tap water lead level, computed under 10 CSR 60-15.010(3)(C), and the highest source water lead concentration is less than the practical quantitation level for lead specified in 10 CSR 60-5.010(8)(B).

A. Those systems whose highest source water lead level is below the method detection limit may also be deemed to have optimized corrosion control under this paragraph if the ninetieth percentile tap water lead level is less than or equal to the practical quantitation level for lead for two (2) consecutive six- (6-) month monitoring periods.

B. Any water system deemed to have optimized corrosion control in accordance with this paragraph (1)(B)2. shall continue monitoring for lead and copper at the tap no less frequently than once every three (3) calendar years using the reduced number of sites specified in 10 CSR 60-15.070(3) and collecting the samples at times and locations specified in 10 CSR 60-15.070(4)(D)4.

C. Any water system deemed to have paragraph (1)(B)2. shall notify the department in writing pursuant to 10 CSR 60- 7.020(1)(C) of any upcoming long-term changes in treatment or the addition of a new source as described in that subsection. The department must review and approve the addition of a new source or long-term change in water treatment before it is implemented by the water system.

D. A system is not deemed to have paragraph (1)(B)2. and shall implement corrosion control treatment pursuant to subparagraph (1)(B)2.E. of this rule unless it meets the copper action level.

E. Any system triggered into corrosion control because it is no longer deemed to have optimized corrosion control under paragraph (1)(B)2. shall implement corrosion control treatment in accordance with the deadlines in subsection (2)(A) of this rule.

Any such large system shall adhere to the schedule specified in subsection (2)(A) of this

rule for medium-size systems, with the time periods for completing each step being triggered by the date the system is no longer deemed to have optimized corrosion control under paragraph (1)(B)2. of this rule.

(2) A small system (serving fewer than three thousand three hundred (3,300) persons) and a medium-size system (serving three thousand three hundred one to fifty thousand (3,301–50,000) persons) shall complete the corrosion control treatment steps specified as follows unless it is deemed to have optimized corrosion control under paragraph (2)(B)1., 2., or 3. of this rule:

(A) Treatment Steps and Deadlines for Small and Medium-Size Systems.

1. The system shall conduct initial tap sampling (10 CSR 60-15.070(4)(A) and 10 CSR 60-15.080(2)) until the system either exceeds the lead or copper action level or becomes eligible for reduced monitoring under 10 CSR 60-15.070(4)(D). A system exceeding the lead or copper action level shall recommend optimal corrosion control treatment (10 CSR 60-15.030(1)) within six (6) months after the end of the monitoring period during which it exceeds one (1) of the action levels.

2. Within twelve (12) months after the end of the monitoring period during which a system exceeds the lead or copper action level, the department may require the system to perform corrosion control studies (10 CSR 60-15.030(2)). If the department does not require the system to perform such studies, the department shall specify optimal corrosion control treatment within the following time frames:

A. For medium-size systems, within eighteen (18) months after the end of the monitoring period during which that system exceeds the lead or copper action level; or B. For small systems, within twentyfour (24) months after the end of the monitoring period that system exceeds the lead or copper action level.

3. If the department requires a system to perform corrosion control studies under paragraph (2)(A)2. of this rule, the system shall complete the studies (10 CSR 60-15.030(3)) within eighteen (18) months after the department requires that those studies be conducted.

4. If the system has performed corrosion control studies under paragraph (2)(A)2. of this rule, the department shall designate optimal corrosion control treatment (10 CSR 60- 15.030(4)) within six (6) months after completion of paragraph (2)(A)3. of this rule.

5. The system shall install optimal corrosion control treatment (10 CSR 60-15.030(6)) within twenty-four (24) months after the department designates that treat ment.

(10/31/19) JOHN R. ASHCROFT

6. The system shall complete follow-up sampling (10 CSR 60-15.070(4)(B) and 10 CSR 60-15.080(3)) within thirty-six (36) months after the department designates optimal corrosion control treatment.

7. The department shall review the system’s installation of treatment and designate optimal water quality control parameters (10 CSR 60-15.030(7)) within six (6) months after completion of paragraph (2)(A)6. of this

rule.

8. The system shall operate in compliance with the department-designated optimal water quality control parameters (10 CSR 60- 15.030(8)) and continue to conduct tap sampling as specified in 10 CSR 60-15.070(4)(C) and 10 CSR 60-15.080(4);

(B) A small- or medium-size water system is deemed to have optimized corrosion control and is not required to complete the applicable corrosion control treatment steps identified in this section if the system satisfies one (1) of the following criteria. Any such system deemed to have optimized corrosion control, and which has treatment in place, shall continue to operate and maintain optimal corrosion control treatment and meet any requirements that the department determines appropriate to ensure optimal corrosion control treatment is maintained.

1. The system meets the lead and copper action levels during each of two (2) consecutive six- (6-) month monitoring periods conducted in accordance with 10 CSR 60- 15.070.

2. The system demonstrates to the satisfaction of the department that it has conducted activities equivalent to the corrosion control steps applicable to medium-size or small systems under this section. If the department makes this determination, it shall provide the system with written notice explaining the

basis for its decision and shall specify the water quality control parameters representing optimal corrosion control in accordance with 10 CSR 60-15.030(7). Water systems deemed to have optimized corrosion control under this paragraph shall operate in compliance with the department-designated optimal water quality control parameters in accordance with 10 CSR 60-15.030(8) and shall continue to conduct lead and copper tap and water quality parameter sampling in accordance with 10 CSR 60-15.070(4)(C) and 10 CSR 60- 15.080(4). The system shall provide the department with the following information in order to support a determination:

A. The results of all test samples collected for each of the water quality parameters in 10 CSR 60-15.030(3)(C);

B. A report explaining the test methods used by the water system to evaluate the corrosion control treatments listed in 10 CSR 60-15.030(3)(A), the results of all tests conducted and the basis for the system’s selection of optimal corrosion control treatment;

C. A report explaining how corrosion control has been installed and how it is being maintained to insure minimal lead and copper concentrations at consumers’ taps; and D. The results of tap water samples collected in accordance with 10 CSR 60- 15.070 at least once every six (6) months for one (1) year after corrosion control has been installed.

3. Any water system is deemed to have optimized corrosion control if it submits results of tap water monitoring conducted in accordance with 10 CSR 60-15.070 and source water monitoring conducted in accordance with 10 CSR 60-15.090 that demonstrates for two (2) consecutive six- (6-) month monitoring periods that the difference between the ninetieth percentile tap water lead level computed under 10 CSR 60- 15.010(3)(C) and the highest source water lead concentration is less than the practical quantitation level for lead specified in 10 CSR 60-5.010(5)(H).

A. Those systems whose highest source water lead level is below the method detection limit may also be deemed to have optimized corrosion control under this paragraph if the ninetieth percentile tap water lead level is less than or equal to the practical quantitation level for lead for two (2) consecutive six- (6-) month monitoring periods.

B. Any water system deemed to have optimized corrosion control in accordance with this paragraph (2)(B)3. shall continue monitoring for lead and copper at the tap no less frequently than once every three (3) calendar years using the reduced number of sites specified in 10 CSR 60-15.070(3) and collecting the samples at times and locations specified in 10 CSR 60-15.070(4)(D)4.

C. Any water system deemed to have paragraph (2)(B)3. shall notify the department in writing pursuant to 10 CSR 60- 7.020(1)(C) of any change in treatment or the addition of a new source. The department may require any such system to conduct additional monitoring or to take other action the department deems appropriate to ensure that such systems maintain minimal levels of corrosion in the distribution system.

D. A system is not deemed to have paragraph (2)(B)3., and shall implement corrosion control treatment pursuant to subparagraph (2)(B)3.E. of this rule unless it meets the copper action level.

E. Any system triggered into corrosion control because it is no longer deemed to have optimized corrosion control under paragraph (2)(B)3. shall implement corrosion control treatment in accordance with the deadlines in subsection (2)(A) of this rule.

Any such large system shall adhere to the schedule specified in subsection (2)(A) of this

rule for medium-size systems, with the time periods for completing each step being triggered by the date the system is no longer deemed to have optimized corrosion control under paragraph (2)(B)3. of this rule; and (C) Any small- or medium-size water system that is required to complete the corrosion control steps due to its exceedance of the lead or copper action level may cease completing the treatment steps whenever the system meets both action levels during each of two (2) consecutive monitoring periods conducted pursuant to 10 CSR 60-15.070 and submits the results to the department. If any such water system after that exceeds the lead or copper action level during any monitoring period, the system (or the department, as the case may be) shall recommence completion of the applicable treatment steps, beginning with the first treatment step which was not previously completed in its entirety. The department may require a system to repeat treatment steps previously completed by the system where the department determines that this is necessary to implement properly the treatment requirements of this section. The department shall notify the system in writing of the determination and explain the basis for its decision. The requirement for any smallor medium-size system to implement corrosion control treatment steps (including systems deemed to have optimized corrosion control) is triggered whenever any small- or medium-size system exceeds the lead or copper action level.

Filed March 15, 2019, effective Nov. 30, 2019. 1999, 2002, 2006, 2012, 2014.

**History**
- *AUTHORITY: section 640.100, RSMo 2016. Original rule filed Aug. 4, 1992, effective May 6, 1993. Amended: Filed Aug. 14, 2001, effective April 30, 2002. Amended: Filed Oct. 17, 2011, effective May 30, 2012. Amended:*

##### **10 CSR 60-15.030** Description of Corrosion Control Treatment Requirements {#sec-10-csr-60-15.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-15.030}

PURPOSE: This rule describes the corrosion control treatment requirements which are applicable to all water systems under 10 CSR 60-15.020.

(1) Based upon the results of lead and copper tap monitoring and water quality parameter monitoring, small- (serving fewer than three thousand three hundred (3,300) persons) and medium-size (serving three thousand three hundred one to fifty thousand (3,301–50,000) persons) water systems exceeding the lead or copper action level shall recommend installation of one (1) or more of the corrosion control treatments listed in subsection (3)(A), which the system believes constitutes optimal corrosion control for that system. The department may require the system to conduct additional water quality parameter monitoring in accordance with 10 CSR 60-15.080(2) and perform corrosion control studies as described in this rule to assist the department in reviewing the system’s recommendations.

(2) The department may require any small- or medium-sized systems that exceed the lead or copper action level to perform corrosion control studies under section (3) of this rule to identify optimal corrosion control treatment for the system.

(3) Performance of Corrosion Control Studies.

(A) Any public water system performing corrosion control studies shall evaluate the effectiveness of each of the following treatments and, if appropriate, combinations of the following treatments to identify the optimal corrosion control treatment for that system:

1. Alkalinity and pH adjustment;

2. Calcium hardness adjustment; and 3. The addition of a phosphate or silicate based corrosion inhibitor at a concentration sufficient to maintain an effective residual concentration in all test tap samples.

(B) The water system shall evaluate each of the corrosion control treatments using either pipe rig/loop tests, metal coupon tests, partial-system tests or analyses based on documented analogous treatments with other systems of similar size, water chemistry and distribution system configuration.

(C) The water system shall measure the following water quality parameters in any tests conducted under this section before and after evaluating the corrosion control treatments listed in paragraph (3)(A)1. of this

rule:

1. Lead;

2. Copper;

3. pH;

4. Alkalinity;

5. Calcium;

6. Conductivity;

7. Orthophosphate (when an inhibitor containing a phosphate compound is used);

8. Silicate (when an inhibitor containing a silicate compound is used); and 9. Water temperature.

(D) The water system shall identify all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment and document these constraints with at least one (1) of the following:

1. Data and documentation showing that a particular corrosion control treatment has adversely affected other water treatment processes when used by another water system with comparable water quality characteristics; or 2. Data and documentation demonstrating that the water system has previously attempted to evaluate a particular corrosion control treatment and has found that the treatment is ineffective or adversely affects other water quality treatment processes.

(E) The water system shall evaluate the effect of the chemicals used for corrosion control treatment on other water quality treatment processes.

(F) On the basis of an analysis of the data generated during each evaluation, the water system shall recommend to the department, in writing, the treatment option that the corrosion control studies indicate constitutes optimal corrosion control treatment for that system. The water system shall provide a rationale for its recommendation along with all supporting documentation specified in this

section.

(4) Based upon consideration of available information including, where applicable, studies performed under section (3) of this

rule and a system’s recommended treatment alternative, the department shall either approve the corrosion control treatment option recommended by the system or designate alternative corrosion control treatment(s) from among those listed in subsection (3)(A) of this rule. When designating optimal treatment, the department shall consider the effects that additional corrosion control treatment will have on the water quality parameters and on other water quality treatment processes.

(5) The department, in writing, shall notify the system of its decision on optimal corrosion control treatment and explain the basis for this determination. If the department requests additional information to aid its review, the water system shall provide the information.

(6) Each system shall properly install and operate throughout its distribution system the optimal corrosion control treatment designated by the department.

(7) The department shall evaluate the results of all lead and copper tap samples and water quality parameter samples submitted by the water system and determine whether the system has properly installed and operated the optimal corrosion control treatment designated by the department. Upon reviewing the results of tap water and water quality parameter monitoring by the system, both before and after the system installs optimal corrosion control treatment, the department shall designate— (A) A minimum value or a range of values for pH measured at each entry point to the distribution system;

(B) A minimum pH value measured in all tap samples. That value shall be equal to or greater than 7.0, unless the department determines that meeting a pH level of 7.0 is not technologically feasible or is not necessary for the system to optimize corrosion control;

(C) If a corrosion inhibitor is used, a minimum concentration or a range of concentrations for the inhibitor measured at each entry point to the distribution system and in all tap samples, that the department determines is necessary to form a passivating film on the interior walls of the pipes of the distribution system;

(D) If alkalinity is adjusted as part of optimal corrosion control treatment, a minimum concentration or a range of concentrations for alkalinity, measured at each entry point to the distribution system and in all tap samples;

(E) If calcium carbonate stabilization is used as part of corrosion control, a minimum concentration or a range of concentrations for calcium, measured in all tap samples.

(F) The values for the applicable water quality control parameters listed in this section shall be those that the department determines to reflect optimal corrosion control treatment for the system. The department may designate values for additional water quality control parameters determined by the department to reflect optimal corrosion control for the system. The department shall notify the system, in writing, of these determinations and explain the basis for its decisions.

(8) All systems optimizing corrosion control shall continue to operate and maintain optimal corrosion control treatment, including maintaining water quality parameters at or above minimum values or within ranges designated by the department under section (7) of this rule for all samples collected under 10 CSR 60-15.080(4)–(6). Compliance with this

section shall be determined every six (6) months, as specified under 10 CSR 60- 15.080(4). A water system is out of compliance with the requirements of this section (8)

(10/31/19) JOHN R. ASHCROFT for a six (6)-month period if it has excursions for any department-specified parameter on more than nine (9) days during the period. An excursion occurs whenever the daily value for one (1) or more of the water quality parameters measured at a sampling location is below the minimum value or outside the range designated by the department. Daily values are calculated as follows. The department shall have discretion to delete results of obvious sampling errors from this calculation.

(A) On days when more than one (1) measurement for the water quality parameter is collected at the sampling location, the daily value shall be the average of all results collected during the day regardless of whether they are collected through continuous monitoring, grab sampling, or a combination of both.

(B) On days when only one (1) measurement for the water quality parameter is collected at the sampling location, the daily value shall be the result of that measurement.

(C) On days when no measurement is collected for the water quality parameter at the sampling location, the daily value shall be the daily value calculated on the most recent day on which the water quality parameter was measured at the sample site.

(9) The department, upon its own initiative or in response to a request by a water system or other interested party, may modify its determination of the optimal corrosion control treatment or optimal water quality control parameters. A request for modification by a system or other interested party shall be in writing, explain why the modification is appropriate and provide supporting documentation. The department may modify its determination where it concludes that the change is necessary to ensure that the system continues to optimize corrosion control treatment.

A revised determination shall be made in writing, setting forth the new treatment requirements, explaining the basis for the department’s decision and providing an implementation schedule for completing the treatment modifications.

**History**
- *AUTHORITY: section 640.100, RSMo 2000. Original rule filed Aug. 4, 1992, effective May 6, 1993. Amended: Filed Aug. 14, 2001, effective April 30, 2002. 1999.*

##### **10 CSR 60-15.040** Source Water Treatment Requirements {#sec-10-csr-60-15.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-15.040}

PURPOSE: This rule describes the required corrosion control treatment steps for a system’s source water and establishes treatment requirement deadlines.

(1) The following are deadlines for completing source water treatment steps:

(A) A system exceeding the lead or copper action level shall complete lead and copper source water monitoring under 10 CSR 60- 15.090(2) and make a treatment recommendation to the department no later than one hundred eighty (180) days after the end of the monitoring period during which the lead or copper action level was exceeded;

(B) The department shall make a determination regarding source water treatment within six (6) months after submission of monitoring results under subsection (1)(A) of this

rule;

(C) If the department requires installation of source water treatment, the system shall install the treatment within twenty-four (24) months after the completion of subsection (1)(B) of this rule;

(D) The system shall complete follow-up tap water monitoring and source water monitoring within thirty-six (36) months after completion of subsection (1)(B) of this rule;

(E) The department shall review the system’s installation and operation of source water treatment and specify maximum permissible source water levels within six (6) months after completion of subsection (1)(D) of this rule;

(F) The system shall operate in compliance with the department-specified maximum permissible lead and copper source water levels and continue source water monitoring.

(2) Any system which exceeds the lead or copper action level shall recommend in writing to the department the installation and operation of one (1) of the source water treatments listed in the following subsections. A system may recommend that no treatment be installed based upon a demonstration that source water treatment is not necessary to minimize lead and copper levels at users’ taps:

(A) The department shall complete an evaluation of the results of all source water samples submitted by the water system to determine whether source water treatment is necessary to minimize lead or copper levels in water delivered to users’ taps. If the department determines that treatment is needed, the department shall either require installation and operation of the source water treatment recommended by the system, if any, or require the installation and operation of another source water treatment from the following: ion exchange, reverse osmosis, lime softening, or coagulation/filtration. If the department requests additional information to aid in its review, the water system shall provide the information by the date specified by the department in its request. The department shall notify the system in writing of its determination and set forth the basis for its decision;

(B) Each system shall properly install and operate the source water treatment designated by the department;

(C) The department shall review the source water samples taken by the water system both before and after the system installs source water treatment, and determine whether the system has properly installed and operated the source water treatment designated by the department. Based upon its review, the department shall designate the maximum permissible lead and copper concentrations for finished water entering the distribution system. These levels shall reflect the contaminant removal capability of the treatment properly operated and maintained. The department shall notify the system in writing and explain the basis for its decision;

(D) Each water system shall maintain lead and copper levels below the maximum permissible concentrations designated by the department at each sampling point monitored in accordance with 10 CSR 60-15.090. The system is out of compliance if the level of lead or copper at any of the sampling points are greater than the maximum permissible concentration designated by the department; or (E) The department, upon its own initiative or in response to a request by a water system or other interested party, may modify its determination of the source water treatment or maximum permissible lead and copper concentrations for finished water entering the distribution system. A request for modification by a system or other interested party shall be in writing, explain why the modification is appropriate and provide supporting documentation. The department may modify its determination where it concludes that the change is necessary to ensure that the system continues to minimize lead and copper concentrations in the source water. A revised determination shall be made in writing, set forth the new treatment requirements, explain the basis for the department’s decision and provide an implementation schedule for completing the treatment modifications. tive May 6, 1993. Amended: Filed Oct. 17, 2011, effective May 30, 2012. *Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999, 2002, 2006.

##### **10 CSR 60-15.050** Lead Service Line Replacement Requirements {#sec-10-csr-60-15.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-15.050}

PURPOSE: This rule sets forth requirements for the removal of lead service lines if lead action levels are exceeded, and corrosion control efforts and source water treatment are unsuccessful in lowering the lead concentration levels in tap samples.

(1) Systems that fail to meet the lead action level in tap samples taken pursuant to 10 CSR 60-15.070(4)(B), after installing corrosion control, source water treatment, or both (whichever sampling occurs later), shall replace lead service lines in accordance with the requirements of this section. If a system is in violation of 10 CSR 60-15.020 or 10 CSR 60-15.040 for failure to install source water or corrosion control treatment, the department may require the system to commence lead service line replacement under this section after the date by which the system was required to conduct monitoring under 10 CSR 60-15.070(4)(B) has passed.

(2) A water system shall replace annually at least seven percent (7%) of the initial number of lead service lines in its distribution system.

The initial number of lead service lines is the number of lead lines in place at the time the replacement program begins. The system shall identify the initial number of lead service lines in its distribution system, including an identification of the portion(s) owned by the system, based upon a materials evaluation, including the evaluation required under 10 CSR 60-15.070(1) and relevant legal authorities (e.g., contracts, local ordinances) regarding the portion owned by the system.

The first year of lead service line replacement shall begin on the first day following the end of the monitoring period in which the action level was exceeded under section (1) of this

rule. If monitoring is required annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs. If the department has established an alternate monitoring period, then the end of the monitoring period will be the last day of that period.

(3) Any water system resuming a lead service line replacement program after the cessation of its lead service line replacement program as allowed by section (7) of this rule shall update its inventory of lead service lines to include those sites that were previously determined not to require replacement through the sampling provision under section (4) of this

rule. The system will then divide the updated number of remaining lead service lines by the number of remaining years in the program to determine the number of lines that must be replaced per year (seven percent (7%) lead service line replacement is based on a fifteen- (15-) year replacement program, so, for example, systems resuming lead service line replacement after previously conducting two (2) years of replacement would divide the updated inventory by thirteen (13)). For those systems that have completed a fifteen- (15-) year lead service line replacement program, the department will determine a schedule for replacing or retesting lines that were previously tested out under the replacement program when the system re-exceeds the action level.

(4) A system is not required to replace an individual lead service line if the lead concentration in all service line samples from that line, taken pursuant to 10 CSR 60- 15.070(2)(C), is less than or equal to 0.015 milligrams per liter (mg/L).

(5) A water system shall replace that portion of the lead service line that it owns. In cases where the system does not own the entire lead service line, the system shall notify the owner of the line, or the owner’s authorized agent, that the system will replace the portion of the service line that it owns and shall offer to replace the owner’s portion of the line. A system is not required to bear the cost of replacing the privately-owned portion of the line, nor is it required to replace the privatelyowned portion where the owner chooses not to pay the cost of replacing the privatelyowned portion of the line, or where replacing the privately-owned portion would be precluded by department, local, or common law.

A water system that does not replace the entire length of the service line also shall complete the following tasks:

(A) At least forty-five (45) days prior to commencing with the partial replacement of a lead service line, the water system shall provide notice to the resident(s) of all buildings served by the line explaining that they may experience a temporary increase of lead levels in their drinking water, along with guidance on measures consumers can take to minimize their exposure to lead. The department may allow the water system to provide this notice less than forty-five (45) days prior to commencing partial lead service line replacement where such replacement is in conjunction with emergency repairs. In addition, the water system shall inform the resident(s) served by the line that the system will, at the system’s expense, collect a sample from each partially-replaced lead service line that is representative of the water in the service line for analysis of lead content, as prescribed under 10 CSR 60-15.070(2)(C), within seventy-two (72) hours after the completion of the partial replacement of the service line.

The system shall collect the sample and report the results of the analysis to the owner and the resident(s) served by the line within three (3) business days of receiving the results. Mailed notices postmarked within three (3) business days of receiving the results shall be considered “on time”; and (B) The water system shall provide the information required by subsection (4)(A) of this rule to the residents of individual dwellings by mail or by other methods approved by the department. In instances where multi-family dwellings are served by the line, the water system shall have the option to post the information at a conspicuous location.

(6) The department shall require a system to replace lead service lines on a shorter time schedule than that required by this section, taking into account the number of lead service lines in the system, where such a shorter replacement schedule is feasible. The department shall make this determination in writing and notify the system of its finding within six (6) months after the system is triggered into lead service line replacement based on monitoring referenced in section (1) of this rule.

(7) Any system may cease replacing lead service lines whenever first-draw tap samples collected pursuant to 10 CSR 60- 15.070(4)(C) meet the lead action level during each of two (2) consecutive monitoring periods and the system submits the results to the department. If the first-draw tap samples in any such water system after that exceed the lead action level, the system shall recommence replacing lead service lines, pursuant to section (2) of this rule.

(8) To demonstrate compliance with sections (1)–(5) of this rule, a system shall report to the department the information specified in 10 CSR 60-7.020(5). 2001, effective April 30, 2002. Amended:

Filed Oct. 17, 2011, effective May 30, 2012. * Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999, 2002, 2006.

##### **10 CSR 60-15.060** Public Education Requirements {#sec-10-csr-60-15.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-15.060}

PURPOSE: This rule sets forth the content and mode of delivery of written and broadcast materials to be used by water systems when action levels have been exceeded. It also addresses the water system’s responsibility when a customer requests supplemental monitoring after an action level has been exceeded.

(1) Content of Written Public Education Materials.

(A) Community water systems and nontransient non-community water systems.

Water systems must include the following elements in printed materials (for example, brochures and pamphlets) in the same order as listed below. In addition, language in paragraphs (1)(A)1., 2., and 4. of this rule must be included in the materials, exactly as written, except for the text in brackets in these paragraphs for which the water system must include system-specific information. Any additional information presented by a water system must be consistent with the information below and be in plain language that can be understood by the general public. Water systems must submit all written public education materials to the department prior to delivery. The department may require the system to obtain approval of the content of written public materials prior to delivery.

1. IMPORTANT INFORMATION

ABOUT LEAD IN YOUR DRINKING

WATER. [INSERT NAME OF WATER SYS-

TEM] found elevated levels of lead in drinking water in some homes/buildings. Lead can cause serious health problems, especially for pregnant women and young children. Please read this information closely to see what you can do to reduce lead in your drinking water.

2. Health effects of lead. Lead can cause serious health problems if too much enters your body from drinking water or other sources. It can cause damage to the brain and kidneys and can interfere with the production of red blood cells that carry oxygen to all parts of your body. The greatest risk of lead exposure is to infants, young children, and pregnant women. Scientists have linked the effects of lead on the brain with lowered IQ in children. Adults with kidney problems and high blood pressure can be affected by low levels of lead more than healthy adults. Lead is stored in the bones, and it can be released later in life. During pregnancy, the child receives lead from the mother’s bones, which may affect brain development.

3. Sources of lead.

A. Explain what lead is.

B. Explain possible sources of lead in drinking water and how lead enters drinking water. Include information on home/building plumbing materials and service lines that may contain lead.

C. Discuss other important sources of lead exposure in addition to drinking water (e.g., paint).

4. Discuss the steps the consumer can take to reduce their exposure to lead in drinking water.

A. Encourage running the water to flush out the lead.

B. Explain concerns with using hot water from the tap and specifically caution against the use of hot water for preparing baby formula.

C. Explain that boiling water does not reduce lead levels.

D. Discuss other options consumers can take to reduce exposure to lead in drinking water, such as alternative sources or treatment of water.

E. Suggest that parents have their child’s blood tested for lead.

5. Explain why there are elevated levels of lead in the system’s drinking water (if known) and what the water system is doing to reduce the lead levels in homes/buildings in this area.

6. For more information, call us at [INSERT YOUR NUMBER] [(IF APPLICA- BLE), or visit our website at [INSERT YOUR WEBSITE HERE]]. For more information on reducing lead exposure around your home/building and the health effects of lead, visit U.S. Environmental Protection Agency’s (EPA’s) website at http://www.epa.gov/lead or contact your health care provider.

(B) Community Water Systems. In addition to including the elements specified in subsection (1)(A) of this rule, community water systems must— 1. Tell consumers how to get their water tested; and 2. Discuss lead in plumbing components and the difference between low lead and lead free.

(2) Delivery of Public Education Materials.

(A) For public water systems serving a large proportion of non-English speaking consumers, as determined by the department, the public education materials must contain information in the appropriate language(s) regarding the importance of the notice or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the public education materials or to request assistance in the appropriate language.

(B) A community water system that exceeds the lead action level on the basis of tap water samples collected in accordance with 10 CSR 60-15.070, and that is not already conducting public education tasks under this section, must conduct the public education tasks under this section within sixty (60) days after the end of the monitoring period in which the exceedance occurred.

1. Deliver printed materials meeting the content requirements of section (1) of this

rule to all bill paying customers.

2. Contact customers who are most at risk.

A. Contact customers who are most at risk by delivering education materials that meet the content requirements of section (1) of this rule to local public health agencies even if they are not located within the water system’s service area, along with an informational notice that encourages distribution to all the organization’s potentially-affected customers or community water system’s users.

The water system must contact the local public health agencies directly by phone or in person. The local public health agencies may provide a specific list of additional community based organizations serving target populations, which may include organizations outside the service area of the water system. If such lists are provided, systems must deliver educational materials that meet the content requirements of section (1) of this rule to all organizations on the provided lists.

B. Contact customers who are most at risk by delivering materials that meet the content requirements of section (1) of this rule to the following organizations that are located within the water system’s service area, along with an informational notice that encourages distribution to all the organization’s potentially affected customers or community water system’s users:

(I) Public and private schools or school boards;

(II) Women, Infants, and Children (WIC) and Head Start programs;

(III) Public and private hospitals and medical clinics;

(IV) Pediatricians;

(V) Family planning clinics; and (VI) Local welfare agencies.

C. Make a good faith effort to locate the following organizations within the service area and deliver materials that meet the content requirements of section (1) of this rule to them, along with an informational notice that encourages distribution to all potentiallyaffected customers or users. The good faith effort to contact at-risk customers may include requesting a specific contact list of these organizations from the local public health agencies, even if the agencies are not located within the water system’s service area.

(I) Licensed childcare centers.

(II) Public and private preschools.

(III) Obstetricians-gynecologists and midwives.

3. No less often than quarterly, provide information on or in each water bill as long as the system exceeds the action level for lead. The message on the water bill must include the following statement exactly as written except for the text in brackets for which the water system must include systemspecific information: [INSERT NAME OF WATER SYSTEM] found high levels of lead in drinking water in some homes. Lead can cause serious health problems. For more information please call [INSERT NAME OF WATER SYSTEM] [or visit (INSERT YOUR WEBSITE HERE)]. The message or delivery mechanism can be modified in consultation with the department; specifically, the department may allow a separate mailing of public education materials to customers if the water system cannot place the information on water bills.

4. Post material meeting the content requirements of section (1) of this rule on the water system’s website if the system serves a population greater than one hundred thousand (100,000).

5. Submit a press release to newspapers, television stations, and radio stations.

6. In addition to paragraphs (2)(B)1. through 5. of this rule, systems must implement at least three (3) activities from one (1) or more categories listed below. The educational content and selection of these activities must be determined in consultation with the department.

A. Public Service Announcements.

B. Paid advertisements.

C. Public area information displays.

D. Emails to customers.

E. Public meetings.

F. Household deliveries.

G. Targeted individual customer contact.

H. Direct material distribution to all multi-family homes and institutions.

I. Other methods approved by the department.

7. For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the department has established an alternate monitoring period, the last day of that period.

(C) As long as a community water system exceeds the action level, it must repeat the activities pursuant to subsection (2)(B) of this

rule as described in paragraphs (2)(C)1. through 4. of this rule.

1. A community water system shall repeat the tasks contained in paragraphs (2)(B)1., 2., and 6. of this rule every twelve (12) months.

2. A community water system shall repeat tasks contained in paragraph (2)(B)3. of this rule with each billing cycle.

3. A community water system serving a population greater than one hundred thousand (100,000) shall post and retain material on a publicly accessible website pursuant to paragraph (2)(B)4. of this rule.

4. The community water system shall repeat the task in paragraph (2)(B)5. of this

rule twice every twelve (12) months on a schedule agreed upon with the department.

The department can allow activities in sub-

section (2)(B) of this rule to extend beyond the sixty- (60-) day requirement if needed for implementation purposes on a case-by-case

basis; however, this extension must be approved in writing by the department in advance of the sixty- (60-) day deadline.

(D) Within sixty (60) days after the end of the monitoring period in which the exceedance occurred (unless it already is repeating public education tasks pursuant to subsection (2)(E) of this rule), a non-transient non-community water system shall deliver the public education materials specified by

section (1) of this rule as follows:

1. Post informational posters on lead in drinking water in a public place or common area in each of the buildings served by the system; and 2. Distribute informational pamphlets and/or brochures on lead in drinking water to each person served by the non-transient noncommunity water system. The department may allow the system to utilize electronic transmission in lieu of or combined with printed materials as long as it achieves at least the same coverage.

3. For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the department has established an alternate monitoring period, the last day of that period.

(E) A non-transient non-community water system shall repeat the tasks contained in sub-

section (2)(D) of this rule at least once during each calendar year in which the system exceeds the lead action level. The department can allow activities in subsection (2)(D) of this rule to extend beyond the sixty- (60-) day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the department in advance of the sixty- (60-) day deadline.

(F) A water system may discontinue delivery of public education materials if the system has met the lead action level during the most recent six- (6-) month monitoring period conducted pursuant to 10 CSR 60-15.070.

Such a system shall recommence public education in accordance with this rule if it subsequently exceeds the lead action level during any monitoring period.

(G) A community water system may apply to the department, in writing (unless the department has waived the requirement for prior department approval), to use only the text specified in subsection (1)(A) of this rule instead of the text in subsections (1)(A) and (1)(B) of this rule and to perform the tasks listed in subsections (2)(D) and (2)(E) of this

rule instead of the tasks in subsections (2)(B) and (2)(C) of this rule if— 1. The system is a facility, such as a prison or a hospital, where the population served is not capable of or is prevented from making improvements to plumbing or installing point-of-use treatment devices; and 2. The system provides water as part of the cost of services provided and does not separately charge for water consumption.

(H) A community water system serving three thousand three hundred (3,300) or fewer people may limit certain aspects of their public education programs as follows:

1. With respect to the requirements of paragraph (2)(B)6. of this rule, a system serving three thousand three hundred (3,300) or fewer people must implement at least one (1) of the activities listed in that paragraph;

2. With respect to the requirements of paragraph (2)(B)2. of this rule, a system serving three thousand three hundred (3,300) or fewer people may limit the distribution of the public education materials required under that paragraph to facilities and organizations served by the system that are most likely to be visited regularly by pregnant women and children; and 3. With respect to the requirements of paragraph (2)(B)5. of this rule, the department may waive this requirement for systems serving three thousand three hundred (3,300) or fewer people as long as the system distributes notices to every household served by the system.

(3) Supplemental Monitoring and Notification of Results. A water system that fails to meet the lead action level on the basis of tap samples collected in accordance with 10 CSR 60-15.070 shall offer to sample the tap water of any customer who requests it. The system is not required to pay for collecting or analyzing the sample, nor is the system required to collect and analyze the sample itself.

(4) Notification of Results.

(A) Reporting Requirement. All water systems must provide a notice of the individual tap results from lead tap water monitoring carried out under the requirements of 10 CSR 60-15.070 to the persons served by the water system at the specific sampling site from which the sample was taken (for example, the occupants of the residence where the tap was tested).

(B) Timing of Notification. A water system must provide the consumer notice as soon as practical, but no later than thirty (30) days after the system learns of the tap monitoring results.

(C) Content. The consumer notice must include the results of lead tap water monitoring for the tap that was tested, an explanation of the health effects of lead, steps consumers can take to reduce exposure to lead in drinking water, and contact information for the water utility. The notice must also provide the maximum contaminant level goal and the action level for lead and the definitions for these two (2) terms from 10 CSR 60- 2.015(2).

(D) Delivery. The consumer notice must be provided to persons served at the tap that was tested, either by mail or by another method approved by the department. For example, upon approval by the department, a non-transient non-community water system could post the results on a bulletin board in the facility to allow users to review the information. The system must provide the notice to customers at sample taps tested, including consumers who do not receive water bills. 2001, effective April 30, 2002. Rescinded and readopted: Filed Oct. 17, 2011, effective May

##### **10 CSR 60-15.070** Monitoring Requirements for Lead and Copper in Tap Water {#sec-10-csr-60-15.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-15.070}

PURPOSE: This rule establishes the monitoring requirements which are applicable to lead and copper in drinking water.

(1) Sample Site Location. A water system shall use the information on lead, copper, and galvanized steel that it is required to collect under this section when conducting a materials evaluation. When an evaluation of the information collected pursuant to this section is insufficient to locate the requisite number of lead and copper sampling sites that meet the targeting criteria in subsection (1)(A) of this rule, the water system shall review the sources of information listed in this rule in order to identify a sufficient number of sampling sites. In addition, the system shall seek to collect that information where possible in the course of its normal operations (for example, checking service line materials when reading water meters or performing maintenance activities); all plumbing codes, permits, and records in the files of the building department(s) which indicate the plumbing materials that are installed within publicly- and privately-owned structures connected to the distribution system; all inspections and records of the distribution system that indicate the material composition of the service connections that connect a structure to the distribution system; and all existing water quality information, which includes the results of all prior analyses of the system or individual structures connected to the system, indicating locations that may be particularly susceptible to high lead or copper concentrations.

(A) By the applicable date for commencement of monitoring under subsection (4)(A) of this rule, each water system shall complete a materials evaluation of its distribution system in order to identify a pool of targeted sampling sites that meets the requirements of this section and which is sufficiently large to ensure that the water system can collect the number of lead and copper tap samples required in section (3) of this rule. All sites from which first-draw samples are collected shall be selected from this pool of targeted sampling sites. Sampling sites may not include faucets that have point-of-use or point-of-entry treatment devices designed to remove inorganic contaminants.

(B) Community water supply systems shall identify whether the following construction materials are present in their distribution system:

1. Lead from piping, solder caulking, interior lining of distribution mains, alloys, and home plumbing;

2. Copper from piping and alloys, service lines, and home plumbing;

3. Ferrous piping materials, such as cast iron and steel;

4. Asbestos cement pipe;

5. Vinyl-lined asbestos cement pipe; and 6. Coal tar-lined pipes and tanks.

(C) The sampling sites selected for a community water system’s sampling pool (tier 1 sampling sites) shall consist of single-family structures that contain copper pipes with lead solder installed after 1982, or contain lead pipes, or are served by a lead service line, or a combination of these. When multiple-family residences comprise at least twenty percent (20%) of the structures served by a water system, the system may include these types of structures in its sampling pool.

(D) Any community water system with insufficient tier 1 sampling sites shall complete its sampling pool with tier 2 sampling sites, consisting of buildings, including multiple-family residences, that contain copper pipes with lead solder installed after 1982, or contain lead pipes, or are served by a lead service line, or a combination of these.

(E) Any community water system with insufficient tier 1 and tier 2 sampling sites shall complete its sampling pool with tier 3 sampling sites, consisting of single-family structures that contain copper pipes with lead solder installed before 1983. A community water system with insufficient tier 1, tier 2, and tier 3 sampling sites shall complete its sampling pool with representative sites throughout the distribution system. A representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the water system.

(F) The sampling sites selected for a nontransient non-community water system (tier 1 sampling sites) shall consist of buildings that contain copper pipes with lead solder installed after 1982, or contain lead pipes, or are served by a lead service line, or a combination of these.

(G) A non-transient non-community water system with insufficient tier 1 sites that meet the targering criteria in subsection (1)(F) of this rule shall complete its sampling pool with sampling sites that contain copper pipes with lead solder installed before 1983. If additional sites are needed to complete the sampling pool, the non-transient non-community water system shall use representative sites throughout the distribution system. A representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the water system.

(H) Any water system whose distribution system contains lead service lines shall draw fifty percent (50%) of the samples it collects during each monitoring period from sites that contain lead pipes or copper pipes with lead solder and fifty percent (50%) of those samples from sites served by a lead service line. A water system that cannot identify a sufficient number of sampling sites served by a lead service line shall collect first-draw sam ples from all of the sites identified as being served by these lines.

(2) Sample Collection Methods.

(A) All tap samples for lead and copper collected in accordance with this rule, with the exception of lead service line samples collected under 10 CSR 60-15.050(3) and samples collected under subsection (2)(E) of this

rule, shall be first-draw samples.

(B) Each first-draw tap sample for lead and copper shall be one (1) liter in volume and have stood motionless in the plumbing system of each sampling site for at least six (6) hours. First-draw samples from residential housing shall be collected from the coldwater kitchen tap or bathroom sink tap. Firstdraw samples from a nonresidential building shall be one (1) liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. Nonfirst-draw samples collected in lieu of firstdraw samples pursuant to subsection (2)(E) of this rule shall be one (1) liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. First-draw samples may be collected by the system or the system may allow residents to collect first-draw samples after instructing the residents of the sampling procedures specified in this section. To avoid problems of residents handling nitric acid, acidification of first-draw samples may be done up to fourteen (14) days after the sample is collected.

After acidification to resolubilize the metals, the sample must stand in the original container for the time specified in the approved United States Environmental Protection Agency (U.S. EPA) method before the sample can be analyzed. If a system allows residents to perform sampling, the system may not challenge, based on alleged errors in sample collection, the accuracy of sampling results.

(C) Each service line sample shall be one (1) liter in volume and have stood motionless in the lead service line for at least six (6) hours. Lead service line samples shall be collected in one (1) of the following three (3) ways:

1. At the tap after flushing the volume of water between the tap and the lead service line. The volume of water shall be calculated based on the interior diameter and length of the pipe between the tap and the lead service line;

2. Tapping directly into the lead service line; or 3. If the sampling site is a building constructed as a single-family residence, allowing the water to run until there is a significant change in temperature which would be indicative of water that has been standing in the lead service line.

(D) A water system shall collect each firstdraw tap sample from the same sampling site from which it collected a previous sample. If, for any reason, the water system cannot gain entry to a sampling site in order to collect a follow-up tap sample, the system may collect the follow-up tap sample from another sampling site in its sampling pool as long as the new site meets the same targeting criteria and is within reasonable proximity of the original site.

(E) A non-transient non-community water system, or a community water system that meets the criteria of 10 CSR 60- 15.060(2)(E), that does not have enough taps that can supply first-draw samples as defined in 10 CSR 60-2.015 may, with department approval, apply substitute non-first-draw samples. Such systems shall collect as many first-draw samples from appropriate taps as possible and identify sampling times and locations that would likely result in the longest standing time for the remaining sites.

(3) Number of Samples. Water systems shall collect at least one (1) sample during each monitoring period specified in subsection (4)(D) of this rule from the number of sites listed in the second column (“Standard Monitoring”) of Table 1. A system conducting reduced monitoring under subsection (4)(D) of this rule shall collect at least one (1) sample from the number of sites specified in the third column (“Reduced Monitoring”) of Table 1 during each monitoring period specified in subsection (4)(D) of this rule. Such reduced monitoring sites shall be representative of the sites required for standard monitoring. A public water system that has fewer than five (5) drinking water taps that can be used for human consumption meeting the sample site criteria of section (1) of this rule to reach the required number of sample sites listed in section (3) of this rule must collect at least one (1) sample from each tap and then must collect additional samples from those taps on different days during the monitoring period to meet the required number of sites. Alternatively the department may allow these public water systems to collect a number of samples less than the number of sites specified in section (3) of this rule, provided that one-hundred percent (100%) of all taps that can be used for human consumption are sampled. The department must approve this reduction of the minimum number of samples in writing based on a request from the system or onsite verification by the department. The department may specify sampling locations when a system is conducting reduced monitoring.

Table 1.

System Size Number of Sites Number of Sites (# People (Standard (Reduced Served)Monitoring) Monitoring) >100,00010050 10,001–100,000 6030 3,301–10,00040 20 501–3,3002010 101–500105 £10055 (4) Timing of Monitoring.

(A) Initial Tap Sampling. The first six- (6-) month monitoring period for small (serving less than or equal to three thousand three hundred (3,300) persons), medium-size (serving three thousand three hundred one to fifty thousand (3,301–50,000) persons) and large (serving more than fifty thousand (>50,000) persons) systems shall begin on the following dates:

First Six- (6-) Month Monitoring Period System Size Begins On (# People Served) >50,000 January 1, 1992 3,301–50,000 July 1, 1992 £3,300 July 1, 1993 1. All large systems shall monitor during two (2) consecutive six- (6-) month periods.

2. All small- and medium-size systems shall monitor during each six- (6-) month monitoring period until the system— A. Exceeds the lead or copper action level and is therefore required to implement the corrosion control treatment requirements under 10 CSR 60-15.020, in which case the system shall continue monitoring in accordance with subsection (4)(B) of this rule; or B. Meets the lead and copper action levels during two (2) consecutive six- (6-) month monitoring periods, in which case the system may reduce monitoring in accordance with subsection (4)(D) of this rule.

(B) Monitoring After Installation of Corrosion Control and Source Water Treatment.

1. Any large system which installs optimal corrosion control treatment pursuant to 10 CSR 60-15.020(1)(A)4. shall monitor during two (2) consecutive six- (6-) month monitoring periods by the date specified in 10 CSR 60-15.020(1)(A)5.

2. Any small- or medium-size system which installs optimal corrosion control treatment pursuant to 10 CSR 60- 15.020(2)(A)5. shall monitor during two (2) consecutive six- (6-) month monitoring periods by the date specified in 10 CSR 60- 15.020(2)(A)6.

3. Any system which installs source water treatment pursuant to 10 CSR 60- 15.040(1)(C) shall monitor during two (2) consecutive six- (6-) month monitoring periods by the date specified in 10 CSR 60- 15.040(1)(D).

(C) After the department specifies the values for water quality control parameters under 10 CSR 60-15.030(6), the system shall monitor during each subsequent six- (6-) month monitoring period, with the first monitoring period to begin on the date the department specifies the optimal values under 10 CSR 60-15.030(6).

(D) Reduced Monitoring.

1. A small- or medium-size water system that meets the lead and copper action levels during each of two (2) consecutive six- (6-) month monitoring periods may reduce the number of samples in accordance with section (3) of this rule and reduce the frequency of sampling to once per year. A small- or medium-size water system collecting fewer than five (5) samples, as specified in section (3) of this rule, that meets the lead and copper action levels during each of two (2) consecutive six- (6-) month monitoring periods may reduce the frequency of sampling to once per year. In no case can the system reduce the number of samples required below the minimum of one (1) sample per available tap.

This sampling shall begin during the calendar year immediately following the end of the second consecutive six- (6-) month monitoring period.

2. Any water system that meets the lead action level and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified under 10 CSR 60-15.030(7) during each of two (2) consecutive six- (6-) month monitoring periods may reduce the frequency of monitoring to once per year and reduce the number of lead and copper samples in accordance with section (3) of this rule if it receives written approval from the department. This sampling shall begin during the calendar year immediately following the end of the second consecutive six- (6-) month monitoring period. The department shall review monitoring, treatment, and other relevant information submitted by the water system in accordance with 10 CSR 60-7.020 and shall notify the system in writing when it determines the system is eligible to commence reduced monitoring pursuant to this

section. The department shall review and, where appropriate, revise its determination when the system submits new monitoring or treatment data or when other data relevant to the number and frequency of tap sampling becomes available.

3. A small- or medium-size water system that meets the lead and copper action levels during three (3) consecutive years of monitoring may reduce the frequency of monitoring for lead and copper from annually to once every three (3) years. Any water system that meets the lead action level and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the department under 10 CSR 60-15.030(6) during three (3) consecutive years of monitoring may reduce the frequency of monitoring from annually to once every three (3) years if it receives written approval from the department. Samples collected once every three (3) years shall be collected no later than every third calendar year. The department shall review monitoring, treatment, and other relevant information submitted by the water system in accordance with 10 CSR 60-7.020 and shall notify the system in writing when it determines the system is eligible to reduce the frequency of monitoring to once every three (3) years. The department shall review and, where appropriate, revise its determination when the system submits new monitoring or treatment data or when other data relevant to the number and frequency of tap sampling becomes available.

4. A water system that reduces the number and frequency of sampling shall collect these samples from representative sites included in the pool of targeted sampling sites identified in section (1) of this rule. Systems sampling annually or less frequently shall conduct the lead and copper tap sampling during the months of June, July, August, or September unless the department has approved a different sampling period.

A. The department, at its discretion, may approve a different period for conducting the lead and copper tap sampling for systems collecting a reduced number of samples.

Such a period shall be no longer than four (4) consecutive months and must represent a time of normal operation where the highest levels of lead are most likely to occur. For a non-transient non-community water system that does not operate during the months of June through September, and for which the period of normal operation where the highest levels of lead are most likely to occur is not known, the department shall designate a period that represents a time of normal operation for the system. This sampling shall begin during the period approved or designated by the department in the calendar year immediately following the end of the second consecutive six- (6-) month monitoring period for systems initiating annual monitoring and during the three- (3-) year period following the end of the third consecutive calendar year of annual monitoring for systems initiating triennial monitoring.

B. Systems monitoring annually, that have been collecting samples during the months of June through September and that receive department approval to alter their sample collection period, must collect their next round of samples during a time period that ends no later than twenty-one (21) months after the previous round of sampling.

Systems monitoring triennially, that have been collecting samples during the months of June through September and receive department approval to alter the sampling collection period, must collect their next round of samples during a time period that ends no later than forty-five (45) months after the previous round of sampling. Subsequent rounds of sampling must be collected annually or triennially, as required by this

section. Small systems with waivers, granted pursuant to section (6) of this rule, that have been collecting samples during the months of June through September and receive department approval to alter their sample collection period must collect their next round of samples before the end of the nine- (9-) year period.

5. Any water system that demonstrates for two (2) consecutive six- (6-) month monitoring periods that the tap water lead level computed under 10 CSR 60- 15.010(3)(C) is less than or equal to 0.005 mg/L and the tap water copper level computed under 10 CSR 60-15.010(3)(C) is less than or equal to 0.65 mg/L may reduce the number of samples in accordance with

section (3) of this rule and reduce the frequency of sampling to once every three (3) calendar years.

6. A small- or medium-size water system subject to reduced monitoring that exceeds the lead or copper action level shall resume sampling in accordance with subsection (4)(C) of this rule and collect the number of samples specified for standard monitoring under section (3) of this rule. Such a system shall also conduct water quality parameter monitoring in accordance with 10 CSR 60-15.080(2), (3), or (4) (as appropriate) during the monitoring period in which it exceeded the action level. Any such system may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in section (3) of this rule after it has completed two (2) subsequent consecutive six- (6-) month rounds of monitoring that meet the criteria of paragraph (4)(D)1. of this

rule and/or may resume triennial monitoring for lead and copper at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either paragraph (4)(D)2. or (4)(D)5. of this rule.

A. Any water system subject to the meet the lead action level during any four- (4-) month monitoring period or that fails to ity parameters specified by the department under 10 CSR 60-15.080(6) for more than nine (9) days in any six- (6-) month period specified in 10 CSR 60-15.080(4) shall conduct tap water sampling for lead and copper at the frequency specified in subsection (4)(C) of this rule, collect the number of samples specified for standard monitoring under

section (3) of this rule, and resume reduced monitoring for water quality parameters within the distribution system in accordance with 10 CSR 60-15.080(4). This standard tap water sampling shall begin no later than the six- (6-) month period beginning January 1 of the calendar year following the lead action level exceedance or water quality parameter excursion. Such a system may resume reduced monitoring for lead and copper at the tap and for water quality parameters within the distribution system under the following conditions:

(I) The system may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in section (3) of this rule after it has completed two (2) subsequent six- (6-) month rounds of monitoring that meet the criteria of paragraph (4)(D)2. of this rule and the system has received written approval from the department that it is appropriate to resume reduced monitoring on an annual frequency. This sampling shall begin during the calendar year immediately following the end of the second consecutive six- (6-) month monitoring period;

(II) The system may resume triennial monitoring for lead and copper at the tap at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either paragraph (4)(D)3. or (4)(D)5. of this rule and the system has received written approval from the department that it is appropriate to resume triennial monitoring; and (III) The system may reduce the number of water quality parameter tap water samples required in accordance with 10 CSR 60-15.080(5)(A) and the frequency with which it collects such samples in accordance with 10 CSR 60-15.080(5)(B). Such a system may not resume triennial monitoring for water quality parameters at the tap until it demonstrates, in accordance with the requirements of 10 CSR 60-15.080(5)(B), that it has requalified for triennial monitoring.

7. Any water system subject to the ity parameters specified by the department under 10 CSR 60-15.030(6) for more than nine (9) days in any six- (6-) month period specified in 10 CSR 60-15.080(4) shall conduct tap water sampling for lead and copper at the frequency specified in subsection (4)(C) of this rule, collect the number of samples specified for standard monitoring under

section (3) of this rule, and resume monitoring for water quality parameters within the distribution system in accordance with 10 CSR 60-15.030(4). Any water system subject to a reduced monitoring frequency under sub-

section (4)(D) of this rule shall notify the department in writing in accordance with 10 CSR 60-7.020(3)(C) of any upcoming longterm change in treatment or addition of a new source as described in that rule. The department must review and approve the addition of a new source or long-term change in water treatment before it is implemented by the water system. Such a system may resume reduced monitoring for lead and copper at the tap and for water quality parameters within the distribution system under the following conditions:

A. The system may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in

section (3) of this rule after it has completed two (2) subsequent six- (6-) month rounds of monitoring that meet the criteria of paragraph (4)(D)2. of this rule and the system has received written approval from the department that it is appropriate to resume reduced monitoring on an annual frequency;

B. The system may resume triennial monitoring for lead and copper at the tap at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either paragraph (4)(D)3. or (4)(D)5. of this rule and the system has received written approval from the department that it is appropriate to resume triennial monitoring; and C. The system may reduce the number of water quality parameter tap water samples required in accordance with 10 CSR 60- 15.080(5)(A) and the frequency with which it collects such samples in accordance with 10 CSR 60-15.080(5)(B). Such a system may not resume triennial monitoring for water quality parameters at the tap until it demonstrates, in accordance with the requirements of 10 CSR 60-15.080(5)(B)2., that it has requalified for triennial monitoring.

8. Any water system subject to a reduced monitoring frequency under subsection (4)(D) of this rule that either adds a new source of water or changes any water treatment shall inform the department in writing in accordance with 10 CSR 60-7.020(1)(C).

The department may require the system to resume sampling in accordance with subsection (4)(C) of this rule and collect the number of samples specified for standard monitoring in Table 1 of section (3) of this

rule or take other appropriate steps such as increased water quality parameter monitoring or reevaluation of its corrosion control treatment given the potentially different water quality considerations.

(5) The results of any monitoring conducted, in addition to the minimum requirements of this section, shall be considered by the system and the department in making any determinations (that is, calculating the ninetieth percentile lead or copper level) under this rule.

(6) Invalidation of Lead or Copper Tap Water Samples. A sample invalidated under this

section does not count toward determining lead or copper ninetieth percentile levels under 10 CSR 60-15.010(3)(C) or toward meeting the minimum monitoring requirements of Table 1 in section (3) of this rule.

(A) The department may invalidate a lead or copper tap water sample if one (1) of the following conditions is met:

1. The laboratory establishes that improper sample analysis caused erroneous results;

2. The department determines that the sample was taken from a site that did not meet the site selection criteria of this rule;

3. The sample container was damaged in transit; or 4. There is substantial reason to believe that the sample was subject to tampering.

(B) The system must report the results of all samples to the department and all supporting documentation for samples the system believes should be invalidated.

(C) To invalidate a sample under subsection (6)(A) of this rule, the decision and the rationale for the decision must be documented in writing. The department shall not invalidate a sample solely on the grounds that a follow-up sample result is higher or lower than that of the original sample.

(D) The water system must collect replacement samples for any samples invalidated under this section if, after the invalidation of one (1) or more samples, the system has too few samples to meet the minimum requirements of section (3) of this rule. Any such replacement samples must be taken as soon as possible, but no later than twenty (20) days after the date the department invalidates the sample or by the end of the applicable monitoring period, whichever occurs later. Replacement samples taken after the end of the applicable monitoring period shall not also be used to meet the monitoring requirements of a subsequent monitoring period. The replacement samples shall be taken at the same locations as the invalidated samples or, if that is not possible, at locations other than those already used for sampling during the monitoring period.

(7) Monitoring Waivers for Small Systems.

Any small system that meets the criteria of this section may apply to the department to reduce the frequency of monitoring for lead and copper under this section to once every nine (9) years (that is, a “full waiver”) if it meets all of the materials criteria specified in subsection (7)(A) of this rule and all of the monitoring criteria specified in subsection (7)(B) of this rule. Any small system that meets the criteria in subsections (7)(A) and (B) of this rule only for lead, or only for copper, may apply to the department for a waiver to reduce the frequency of tap water monitoring to once every nine (9) years for that contaminant only (that is, a “partial waiver”).

(A) Materials Criteria. The system must demonstrate that its distribution system and service lines and all drinking water supply plumbing, including plumbing conveying drinking water within all residences and buildings connected to the system, are free of lead-containing materials and/or copper-containing materials, as those terms are defined here, as follows:

1. Lead. To qualify for a full waiver, or a waiver of the tap water monitoring requirements for lead (that is, a “lead waiver”), the water system must provide certification and supporting documentation to the department that the system is free of all lead-containing materials, as follows:

A. It contains no plastic pipes which contain lead plasticizers, or plastic service lines which contain lead plasticizers; and B. It is free of lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or bronze alloy fittings and fixtures, unless such fittings and fixtures meet the specifications of any standard established pursuant to 42 U.S.C. 300g–6(e) (SDWA

section 1417(e)).

2. Copper. To qualify for a full waiver, or a waiver of the tap water monitoring requirements for copper (that is, a “copper waiver”), the water system must provide certification and supporting documentation to the department that the system contains no copper pipes or copper service lines.

(B) Monitoring Criteria for Waiver Issuance. The system must have completed at least one (1) six- (6-) month round of standard tap water monitoring for lead and copper at sites approved by the department and from the number of sites required by Table 1 of section (3) of this rule and demonstrate that the ninetieth percentile levels for any and all rounds of monitoring conducted since the system became free of all lead-containing and/or copper-containing materials, as appropriate, meet the following criteria.

1. Lead levels. To qualify for a full waiver, or a lead waiver, the system must demonstrate that the ninetieth percentile lead level does not exceed 0.005 mg/L.

2. Copper levels. To qualify for a full waiver, or a copper waiver, the system must demonstrate that the ninetieth percentile copper level does not exceed 0.65 mg/L.

(C) Department Approval of Waiver Application. The department shall notify the system of its waiver determination, in writing, setting forth the basis of its decision and any condition of the waiver. As a condition of the waiver, the department may require the system to perform specific activities (e.g., limited monitoring, periodic outreach to customers to remind them to avoid installation of materials that might void the waiver) to avoid the risk of lead or copper concentration of concern in tap water. The small system must continue monitoring for lead and copper at the tap as required by subsections (4)(A)–(D) of this rule, as appropriate, until it receives written notification from the department that the waiver has been approved.

(D) Monitoring Frequency for Systems with Waivers.

1. A system with a full waiver must conduct tap water monitoring for lead and copper in accordance with paragraph (4)(D)4. of this

rule at the reduced number of sampling sites identified in Table 1 of section (3) of this rule at least once every nine (9) years and provide the materials certification specified in sub-

section (7)(A) of this rule for both lead and copper to the department along with the monitoring results. Samples collected every nine (9) years shall be collected no later than every ninth calendar year.

2. A system with a partial waiver must conduct tap water monitoring for the waived contaminant in accordance with paragraph (4)(D)4. of this rule at the reduced number of sampling sites specified in Table 1 of section (3) of this rule at least once every nine (9) years and provide the materials certification specified in subsection (7)(A) of this rule pertaining to the waived contaminant along with the monitoring results. Such a system also must continue to monitor for the non-waived contaminant in accordance with requirements of subsections (4)(A) through (4)(D) of this

rule, as appropriate.

3. If a system with a full or partial waiver adds a new source of water or changes any water treatment, the system must notify the department in writing in accordance with 10 CSR 60-7.020(1)(C). Any water system with a full or partial waiver shall notify the department in writing in accordance with 10 CSR 60-7.020(1)(C) of any upcoming long-term change in treatment or addition of a new source, as described in that rule. The department must review and approve the addition of a new source or long-term change in water treatment before it is implemented by the water system. The department may require the system to add or modify waiver conditions (e.g., require recertification that the system is free of lead-containing and/or coppercontaining materials, require additional round(s) of monitoring), if it deems such modifications are necessary to address treatment or source water changes at the system.

4. If a system with a full or partial waiver becomes aware that it is no longer free of lead-containing or copper-containing materials (for example, as a result of new construction or repairs), the system shall notify the department in writing no later than sixty (60) days after becoming aware of such a change.

(E) Continued Eligibility. If the system continues to satisfy the requirements of sub-

section (7)(D) of this rule, the waiver will be renewed automatically, unless any of the conditions listed in paragraph (7)(E)1.–3. of this

rule occurs. A system whose waiver has been revoked may reapply for a waiver at such time as it again meets the appropriate materials and monitoring criteria of subsections (7)(A) and (7)(B) of this rule.

1. A system with a full waiver or a lead waiver no longer satisfies the materials criteria of paragraph (7)(A)1. of this rule or has a ninetieth percentile lead level greater than 0.005 mg/l.

2. A system with a full waiver or a copper waiver no longer satisfies the materials criteria of paragraph (7)(A)2. of this rule or has a ninetieth percentile copper level greater than 0.65 mg/l.

3. The department notifies the system, in writing, that the waiver has been revoked, setting forth the basis of its decision.

(F) Requirements Following Waiver Revocation. A system whose full or partial waiver has been revoked by the department is subject to the corrosion control treatment and lead and copper tap water monitoring requirements, as follows:

1. If the system exceeds the lead and/or copper action level, the system must implement corrosion control treatment in accordance with the deadlines specified in 10 CSR 60-15.010(5), and any other applicable requirements of this subpart.

2. If the system meets both the lead and the copper action level, the system must monitor for lead and copper at the tap no less frequently than once every three (3) years using the reduced number of sample sites specified in Table 1 of section (3) of this rule.

(G) Pre-existing Waivers. Small system waivers approved by the department in writing prior to April 11, 2000, shall remain in effect under the following conditions:

1. If the system has demonstrated that it is both free of lead-containing and coppercontaining materials, as required by subsection (7)(A) of this rule and that its ninetieth percentile lead levels and ninetieth percentile copper levels meet the criteria of subsection (7)(B) of this rule, the waiver remains in effect so long as the system continues to meet the waiver eligibility criteria of subsection (7)(E) of this rule. The first round of tap water monitoring conducted pursuant to sub-

section (7)(D) of this rule shall be completed no later than nine (9) years after the last time the system has monitored for lead and copper at the tap.

2. Reserved. tive May 6, 1993. Amended: Filed Feb. 1, 1996, effective Oct. 30, 1996. Amended:

Filed Aug. 14, 2001, effective April 30, 2002.

Amended: Filed Oct. 17, 2011, effective May

##### **10 CSR 60-15.080** Monitoring Requirements for Water Quality Parameters {#sec-10-csr-60-15.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-15.080}

PURPOSE: This rule sets forth the procedures and requirements for monitoring drinking water to determine how corrosive the water is to the distribution system.

(1) General Requirements. All large (serving more than fifty thousand (>50,000) persons) water systems and all small-(serving less than or equal to three thousand three hundred (£3,300) persons) and medium-size (serving three thousand three hundred one to fifty thousand (3,301–50,000) persons) systems that exceed the lead or copper action level shall monitor water quality parameters in addition to lead and copper in accordance with this rule. The requirements of this rule are summarized in the table at the end of this

rule.

(A) Sample Collection Methods.

1. Tap samples shall be representative of water quality throughout the distribution system taking into account the number of persons served, the different sources of water, the different treatment methods employed by the system and seasonal variability. Tap sampling under this rule is not required to be conducted at taps targeted for lead and copper sampling under 10 CSR 60-15.070(1).

(Note: Systems may find it convenient to conduct tap sampling for water quality parameters at sites used for coliform sampling under 10 CSR 60-4.020(1)(A).)

2. Samples collected at the entry point(s) to the distribution system shall be from locations representative of each source after treatment. If a system draws water from more than one (1) source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating conditions (that is, when water is representative of all sources being used).

(B) Number of Samples.

1. Systems shall collect two (2) tap samples for applicable water quality parameters during each monitoring period specified under sections (2)–(5) of this rule from the following number of sites:

Sites for Water System SizeQuality Parameters (# People Served)(Number) >100,00025 10,001–100,00010 3,301–10,0003 501–3,3002 101–5001 £1001 2. Except as provided in subsection (3)(C) of this rule, systems shall collect two (2) samples for each applicable water quality parameter at each entry point to the distribution system during each monitoring period specified in section (2) of this rule. During each monitoring period specified in sections (3)–(5) of this rule, systems shall collect one (1) sample for each applicable water quality parameter at each entry point to the distribution system.

(2) Initial Sampling. All large (serving more than fifty thousand (>50,000) persons) water systems shall measure the applicable water quality parameters as specified in this rule at taps and at each entry point to the distribution system during each six- (6-) month monitoring period specified in 10 CSR 60- 15.070(4)(A). All small (serving less than or equal to three thousand three hundred (£3,300) persons) and medium-size (serving three thousand three hundred one to fifty thousand (3,301–50,000) persons) systems shall measure the applicable water quality parameters at the locations specified as follows during each six- (6-) month monitoring period specified in 10 CSR 60-15.070(4)(A) during which the system exceeds the lead or copper action level:

(A) At taps— 1. pH;

2. Alkalinity;

3. Orthophosphate, when an inhibitor containing a phosphate compound is used;

4. Silica, when an inhibitor containing a silicate compound is used;

5. Calcium;

6. Conductivity; and 7. Water temperature; and (B) At each entry point to the distribution system, all of the applicable parameters listed in subsection (2)(A) of this rule.

(3) Monitoring After Installation of Corrosion Control. Any large system which installs optimal corrosion control treatment pursuant to 10 CSR 60-15.020(1)(A)4. shall measure the water quality parameters at the locations and frequencies specified in this

section during each six- (6-) month monitoring period specified in 10 CSR 60- 15.070(4)(B)1. Any small- or medium-size system which installs optimal corrosion control treatment shall conduct monitoring during each six- (6-) month monitoring period as specified in 10 CSR 60-15.070(4)(B)2. in which the system exceeds the lead or copper action level.

(A) At taps, two (2) samples for— 1. pH;

2. Alkalinity;

3. Orthophosphate, when an inhibitor containing a phosphate compound is used;

4. Silica, when an inhibitor containing a silicate compound is used; and 5. Calcium, when calcium carbonate stabilization is used as part of corrosion control.

(B) Except as provided in subsection (3)(C) of this rule, at each entry point to the distribution system, at least one (1) sample no less frequently than every two (2) weeks (bi-weekly)— 1. For pH;

2. When alkalinity is adjusted as part of optimal corrosion control, a reading of the dosage rate of the chemical used to adjust alkalinity and the alkalinity concentration; and 3. When a corrosion inhibitor is used as

part of optimal corrosion control, a reading of the dosage rate of the inhibitor used and the concentration of orthophosphate or silica (whichever is applicable).

(C) Any groundwater system can limit entry point sampling described in subsection (3)(B) of this rule to those entry points that are representative of water quality and treatment conditions throughout the system. If water from untreated groundwater sources mixes with water from treated groundwater sources, the system must monitor for water quality parameters both at representative entry points receiving treatment and representative entry points receiving no treatment.

Prior to the start of any monitoring under this subsection, the system shall provide to the department written information identifying the selected entry points and documentation, including information on seasonal variability, sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system.

(4) Monitoring After Department Specifies Water Quality Parameter Values for Optimal Corrosion Control. After the department specifies the values for applicable water quality control parameters reflecting optimal corrosion control treatment under 10 CSR 60- 15.030(7), all large (serving more than fifty thousand (>50,000) persons) systems shall measure the applicable water quality parameters in accordance with section (3) of this rule and determine compliance with the requirements of 10 CSR 60-15.030(8) every six (6) months with the first six- (6-) month period to begin on either January 1 or July 1, whichever comes first, after the department specifies the optimal values under 10 CSR 60-15.030(7). Any small- (serving less than three thousand three hundred (<3,300) persons) or medium-size (serving three thousand three hundred one to fifty thousand (3,301– 50,000) persons) system shall conduct such monitoring during each six- (6-) month period specified in 10 CSR 60-15.070(4)(C) in which the system exceeds the lead or copper action level. For any such small- and medium-size system that is subject to a reduced monitoring frequency pursuant to 10 CSR 60- 15.070(4)(D) at the time of the action level exceedance, the start of the applicable six- (6- ) month period under this section shall coincide with the start of the applicable monitoring period under 10 CSR 60-15.070(4)(D).

Compliance with department-designated optimal water quality parameter values shall be determined as specified under 10 CSR 60- 15.030(8).

(5) Reduced Monitoring.

(A) Any water system that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment during each of two (2) consecutive six- (6-) month monitoring periods under section (4) of this rule shall continue monitoring at the entry point(s) to the distribution system as specified in subsection (3)(B) of this rule.

That system may collect two (2) tap samples for applicable water quality parameters from the following reduced number of sites during each six- (6-) month monitoring period.

Sites for System Size Water Quality Parameters (# People Served) (Reduced Number) >100,00010 10,001–100,0007 3,301–10,0003 501–3,3002 101–5001 £1001 (B) Any water system that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the department under 10 CSR 60-15.030(6) during three (3) consecutive years of annual monitoring under this subsection may reduce the frequency with which it collects the number of tap samples for applicable water quality parameters specified in subsection (5)(A) of this rule from every six (6) months to annually. This sampling begins during the calendar year immediately following the end of the monitoring period in which the third consecutive year of six- (6-) month monitoring occurs. Any water system that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the department under 10 CSR 60-15.030(6) during three (3) consecutive years of annual monitoring under this rule may reduce the frequency with which it collects the number of tap samples for applicable water quality parameters specified in section (6) of this rule from annually to every three (3) years. This sampling begins no later than the third calendar year following the end of the monitoring period in which the third consecutive year of monitoring occurs. A water system may reduce the frequency with which it collects tap samples for applicable water quality parameters specified in subsection (5)(A) of this rule to every three (3) years if it demonstrates during two (2) consecutive monitoring periods that its tap water lead level at the ninetieth percentile is less than or equal to the PQL for lead specified in 10 CSR 60- 5.010(5)(H), that its tap water copper level at the ninetieth percentile is less than or equal to 0.65 mg/L for copper, and that it also has maintained the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the department under 10 CSR 60-15.030(7).

Monitoring conducted every three (3) years shall be done no later than every third calendar year.

(C) A water system that conducts sampling annually shall collect these samples evenly throughout the year so as to reflect seasonal variability.

(D) Any water system subject to the ity parameters specified by the department in 10 CSR 60-15.030(7) for more than nine (9) days in any six- (6-) month period specified in 10 CSR 60-15.030(8) shall resume distribution system tap water sampling in accordance with the number and frequency requirements in section (4) of this rule. Such a system may resume annual monitoring for water quality parameters at the tap at the reduced number of sites specified in subsection (5)(A) of this rule after it has completed two (2) subsequent consecutive six- (6-) month rounds of monitoring that meet the criteria of that paragraph and/or may resume triennial monitoring for water quality parameters at the tap at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either paragraph (5)(B)1. or (5)(B)2. of this rule.

(6) Additional Monitoring by Systems. The results of any monitoring conducted in addition to the minimum requirements of this rule shall be considered by the system and the department in making any determinations (that is, determining concentrations of water quality parameters) under this rule or 10 CSR 60-15.030.

Summary of Monitoring Requirements for Water Quality Parameters Monitoring PeriodParameters LocationFrequency Initial monitoringpH, alkalinity,Taps and at entryEvery six (6) months orthophosphate point(s) to the or silica , distribution calcium, conductivity, system temperature After pH, alkalinity, Taps Every six (6) months installation orthophosphate or of corrosion silica control pH, alkalinity dosage Entry point(s) to No less frequently than every two (2)

(if alkalinity adjusted weeks After departmentpH, alkalinity,TapsEvery six (6) months specifies parameterorthophosphate or values for optimalsilica corrosion control pH, alkalinity dosage Entry point(s) to the No less frequently than every two (2)

(if alkalinity adjusted weeks Reduced Monitoring pH, alkalinity, Taps Every six (6) months, orthophosphate annually or every three or silica (3) years at a reduced number of sites pH, alkalinity dosage Entry point(s) to theNo less frequently than every (if alkalinity adjusted two (2) weeks Table is for illustrative purposes; consult the text of this rule for precise regulatory requirements.

Small- and medium-size systems have to monitor for water quality parameters only during monitoring periods in which the system exceeds the lead or copper action level.

Orthophosphate must be measured only when an inhibitor containing a phosphate compound is used. Silica must be measured only when an inhibitor containing silicate compound is used.

Calcium must be measured only when calcium carbonate stabilization is used as part of corrosion control.

Inhibitor dosage rates and inhibitor residual concentrations (orthophosphate or silica) must be measured only when an inhibitor is used.

Groundwater systems may limit monitoring to representative locations throughout the system.

Water systems may reduce frequency of monitoring for water quality parameters at the tap from every six (6) months to annually if they have maintained the range of values for water quality parameters reflecting optimal corrosion control during three (3) consecutive years of monitoring.

Water systems may further reduce the frequency of monitoring for water quality parameters at the tap from annually to once every three (3) years if they have maintained the range of values from water quality parameters reflecting optimal corrosion control during three (3) consecutive years of annual monitoring. Water systems may accelerate to triennial monitoring for quality parameters at the tap if they have maintained ninetieth percentile lead levels less than or equal to 0.005 mg/L, ninetieth percentile copper levels less than or equal to 0.65 mg/L, and the range of water quality parameters designated by the department under 10 CSR 60-15.030(7) as representing optimal corrosion control during two (2) consecutive six- (6-) month monitoring periods. tive May 6, 1993. Amended: Filed Feb. 1, 1996, effective Oct. 30, 1996. Amended:

Filed Aug. 14, 2001, effective April 30, 2002.

Amended: Filed Oct. 17, 2011, effective May

##### **10 CSR 60-15.090** Monitoring Requirements for Lead and Copper in Source Water {#sec-10-csr-60-15.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-15.090}

PURPOSE: This rule establishes monitoring requirements for lead and copper in source waters.

(1) Sample Location, Collection Methods, and Number of Samples.

(A) A water system that fails to meet the lead or copper action level on the basis of tap samples collected in accordance with 10 CSR 60-15.070 shall collect lead and copper source water samples in accordance with the following requirements regarding sample location, number of samples, and collection methods:

1. Ground water systems shall take a minimum of one (1) sample at every entry point to the distribution system which is representative of each well after treatment (hereafter called a sampling point). The system shall take one (1) sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant;

2. Surface water systems shall take a minimum of one (1) sample at every entry point to the distribution system after any application of treatment or in the distribution system at a point which is representative of each source after treatment (hereafter called a sampling point). The system shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant (Note: For the purposes of this requirement, surface water systems include systems with a combination of surface and ground sources);

3. If a system draws water from more than one (1) source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating conditions (that is, when water is representative of all sources being used); and 4. The department may reduce the total number of samples which must be analyzed by allowing the use of compositing.

Compositing of samples must be done by certified laboratory personnel. Composite samples from a maximum of five (5) samples are allowed, provided that if the lead concentration in the composite sample is greater than or equal to 0.001 mg/L or the copper concentration is greater than or equal to 0.160 mg/L, then either:

A. A follow-up sample shall be taken and analyzed within fourteen (14) days at each sampling point included in the composite; or B. If duplicates of or sufficient quantities from the original samples from each sampling point used in the composite are available, the system may use these instead of resampling.

(B) Where the results of sampling indicate an exceedance of maximum permissible source water levels established under 10 CSR 60-5.040(2)(C), the department may require that one (1) additional sample be collected as soon as possible after the initial sample was taken (but not to exceed two (2) weeks) at the same sampling point. If the departmentrequired confirmation sample is taken for lead or copper, then the results of the initial and confirmation sample shall be averaged in determining compliance with maximum permissible levels. Any sample value below the detection limit shall be considered to be zero (0). Any value above the detection limit but below the practical quantification level (PQL) shall be as the measured value or be considered one-half (1/2) PQL.

(2) Monitoring Frequency After System Exceeds Tap Water Action Level. Any system which exceeds the lead or copper action level at the tap shall collect one (1) source water sample from each entry point to the distribution system no later than six (6) months after the end of the monitoring period during which the lead or copper action level was exceeded. For monitoring periods that are annual or less frequent, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or if the department has established an alternate monitoring period, the last day of that period.

(3) Monitoring Frequency After Installation of Source Water Treatment. Any system which installs source water treatment pursuant to 10 CSR 60-15.040 shall collect an additional source water sample from each entry point to the distribution system during two (2) consecutive six- (6-) month monitoring periods by the deadline specified in 10 CSR 60-15.040(1)(D).

(4) Monitoring Frequency After the Department Specifies Maximum Permissible Source Water Levels or Determines that Source Water Treatment is not Needed.

(A) A system shall monitor at the following specified frequency in cases where the department specifies maximum permissible source water levels under 10 CSR 60- 15.040(2)(C) or determines that the system is not required to install source water treatment under 10 CSR 60-15.040(2)(A):

1. A water system using only ground water shall collect samples once during the three- (3-) year compliance period in effect when the applicable department determination under subsection (4)(A) of this rule is made. Those systems shall collect samples once during each subsequent compliance period. Triennial samples shall be collected every third calendar year; and 2. A water system using surface water (or a combination of surface and ground water) shall collect samples once during each calendar year, the first annual monitoring period to begin during the year in which the applicable department determination is made under subsection (4)(A) of this rule.

(B) A system is not required to conduct source water sampling for lead, copper, or both, if the system meets the action level for the specific contaminant in tap water samples during the entire source water sampling period applicable to the system under subsection (4)(A) of this rule.

(5) Reduced Monitoring Frequency.

(A) A water system using only ground water may reduce the monitoring frequency for lead and copper in source water to once during each nine- (9-) year compliance cycle (as that term is defined in 10 CSR 60-2.015) provided that the samples are collected no later than every ninth calendar year and if the system meets any one (1) of the following criteria:

1. The system demonstrates that finished drinking water entering the distribution system has been maintained below the maximum permissible lead and copper concentrations specified in 10 CSR 60- 15.040(2)(C) during at least three (3) consecutive compliance periods under subsection (4)(A) of this rule; or 2. The department has determined that source water treatment is not needed and the system demonstrates that, during at least three (3) consecutive compliance periods in which sampling was conducted under subsection (4)(A) of this rule, the concentration of lead in source water was less than or equal to 0.005 mg/L and the concentration of copper in source water was less than or equal to 0.65 mg/L.

(B) A water system using surface water (or a combination of surface and ground waters) may reduce the monitoring frequency in paragraph (4)(A)2. of this rule to once during each nine- (9-) year compliance cycle (as that term is defined in 10 CSR 60-2.015) provided that the samples are collected no later than every ninth calendar year and if the system meets one (1) of the following criteria:

1. The system demonstrates that finished drinking water entering the distribution system has been maintained below the maximum permissible lead and copper concentrations specified in 10 CSR 60- 15.040(2)(C) for at least three (3) consecutive years; or 2. The department has determined that source water treatment is not needed and the system demonstrates that, during at least three (3) consecutive years, the concentration of lead in source water was less than or equal to 0.005 mg/L and the concentration of copper in source water was less than or equal to 0.65 mg/L.

(C) A water system that uses a new source of water is not eligible for reduced monitoring for lead, copper, or both, until concentrations in samples collected from the new source during three (3) consecutive monitoring periods are below the maximum permissible lead and copper concentrations. 2001, effective April 30, 2002. Amended:

Filed Oct. 17, 2011, effective May 30, 2012.

### **Chapter 16** Drinking Water Fees

##### **10 CSR 60-16.010** Levy and Collection of the Missouri Primacy Fee {#sec-10-csr-60-16.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-16.010}

PURPOSE: This rule levies and sets the amount of the Missouri primacy fee and describes the method of collection and delinquent payment. The fees established in sections 640.100.5(2) and (3), RSMo, are effective through December 31, 2021. The fee structure in this rule becomes effective on January 1, 2022.

(1) This rule applies only to community water systems.

(2) This rule levies and imposes the Missouri primacy fee authorized by 640.100.5(2) and (3), RSMo. Nothing in this rule in any way affects the obligation of a customer to pay the Missouri primacy fee.

(A) The annual Missouri primacy fee per customer service connection for unmetered customers and customers with meters not greater than one inch (1") in size shall be based upon the number of service connections in the water system serving that customer as of September 1 of each annual fee period as follows: 11—10,000 connections$5.28 10,001—50,000 connections$4.80 50,001—100,000 connections$4.20 Greater than 100,000 connections $3.48 (B) The annual Missouri primacy fee per service connection for unmetered customers and customers with meters not greater than one inch (1") in size for community water systems with ten (10) or fewer connections shall be fifty dollars ($50) divided by the number of connections in the water system.

(C) The annual primacy fee for customers having meters greater than one inch (>1"), but less than or equal to two inches (≤2") in size, shall be twenty-one dollars ($21); for customers with meters greater than two inches (>2"), but less than or equal to four inches (≤4") in size, shall be one hundred and two dollars ($102); and for customers with meters greater than four inches (>4") in size shall be one hundred ninety-eight dollars ($198).

(D) Customers served by multiple connections shall pay an annual primacy fee based on the rates listed in this section for each connection, except that no single facility served by multiple connections shall pay a total of more than five hundred dollars ($500) per year.

(3) Fee Period and Collection.

(A) The annual fee period is September 1 through August 31 of each calendar year, unless an alternate schedule has been approved by the department.

(B) If any community water system seeks to change its collection period for the next collection year, it shall submit an alternate fee-period schedule in writing to the department by January 1, identifying whether the fees will be collected monthly, quarterly, or annually. The system’s new schedule shall be effective upon the department’s approval.

(4) Remitting Fees to the State. A community water system shall be responsible for remitting to the department the number of active connections and amount collected from its customers no later than sixty (60) days following the end of the annual fee period for systems on an annual collection schedule or within sixty (60) days following the end of each fee-period fiscal quarter if the system is on a monthly or quarterly collection schedule. Fee-period fiscal quarters end on November 30, February 28, May 31, and August 31.

(5) Failure of the Public Water System to Collect or Remit the Fees to the State.

(A) If the fees collected are not remitted as required in section (4), interest shall accrue on the entire amount from the original date payment was due, at a rate of twelve percent (12%) per annum until payment is remitted.

(B) The department may grant an extension of time not to exceed two (2) months, to remit the fees, or may waive interest on fees collected.

(C) In addition to the interest assessed, the department may take action in accordance with section 640.130, RSMo for failure to collect or remit the fees in a timely manner.

(6) Regular Rate Collection Practices Authorized. A water supply shall use all customary and regular rate collection practices when a customer fails to pay the primacy fee by the due date of the bill upon which the fee appears.

(7) Record Retention. Records documenting the collection of fees from customers shall be preserved by the water system for a period of at least three (3) years unless otherwise authorized by the department and be made available for inspection by the appropriate

Emergency rule filed Dec. 14, 1992, effective Dec. 24, 1992, expired April 22, 1993.

Original rule filed Dec. 14, 1992, effective Aug. 9, 1993. Amended: Filed April 13, 2018, effective Dec. 30, 2018. ** Amended: **Pursuant to Executive Order 21-07, 10 CSR 60-16.010, subsections (5)(A)–(5)(C) was suspended from April 19, 2021 through June 30, 2021.

**History**
- *authority at all times during business hours.*

##### **10 CSR 60-16.020** Laboratory Certification Fee {#sec-10-csr-60-16.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-16.020}

PURPOSE: This rule establishes fees for certification of laboratories that conduct chemical and bacteriological testing of drinking water.

(1) Laboratories seeking certification for chemical testing of drinking water shall pay the following fees as applicable:

In-State Laboratory Audit Fee$2,500 once every three- (3-) year certification cycle Three- (3-) year Certification Fee Organic Chemicals $2,700 Inorganic Chemicals $1,500 (2) Laboratories, except those owned by a political subdivision as defined by section 70.210, RSMo, seeking certification for bacteriological testing of drinking water shall pay the following fees as applicable beginning January 1, 2022:

In-state Laboratory Audit Fee$500 once every three- (3-) year certification cycle Three- (3-) year Certification Fee$500 Original rule filed Dec. 14, 1992, effective Aug. 9, 1993. Amended: Filed April 13, 2018, effective Dec. 30, 2018. Amended:

##### **10 CSR 60-16.030** Laboratory Services and Program Administration Fees {#sec-10-csr-60-16.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-16.030}

PURPOSE: This rule levies and sets the amount of the annual laboratory services and program administration fees and describes the method of remitting the fee to the department.

The fees established in section 640.100.3, RSMo, are effective through December 31, 2021. The fee structure in this rule becomes effective on January 1, 2022.

(1) This rule applies to all public water systems except those owned by a political subdivision as defined by section 70.210, RSMo.

(2) This rule establishes the laboratory services and program administration fees authorized by section 640.100.3, RSMo, at the following amounts:

(A) The annual fee for a transient noncommunity water system is one hundred fifty dollars ($150).

(B) Annual fees for all secondary public water systems and for public water systems, except transient noncommunity water systems, that use groundwater, including groundwater under the direct influence of surface water— Laboratory Services and Program Number of ServiceAdministration ConnectionsFees Less than 7,600$300 7,600 or more$500 (C) The annual fee for public water systems, except transient noncommunity water systems, that use surface water, including systems using both surface water and groundwater, is seven hundred fifty dollars ($750).

(3) Remission of Fees to the State.

(A) All systems listed in the public water system inventory as of January 1 of each year shall remit the annual laboratory services and program administration fees for that calendar year by February 28 of the same year.

(B) Failure to remit the fees will result in the following actions by the department:

1. Department of Natural Resources and Department of Health and Senior Services laboratory services may be terminated for that water system for that calendar year;

2. Interest shall accrue on the entire amount from the original date payment was due at a rate of twelve percent (12%) per annum until payment is remitted;

3. The department may take action in accordance with section 640.130, RSMo, and may revoke the system’s permit to dispense water to the public; and 4. The department may grant an extension of time, not to exceed two (2) months, to remit the fees or may waive interest on fees.

Original rule filed April 14, 1994, effective Nov. 30, 1994. Amended: Filed April 13, 2018, effective Dec. 30, 2018. ** Amended: **Pursuant to Executive Order 21-07, 10 CSR 60-16.030, subsection (4)(B) was suspended from April 19, 2021 through June 30, 2021.

##### **10 CSR 60-16.040** Operator Certification Fees {#sec-10-csr-60-16.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 60-16.040}

PURPOSE: This rule sets forth the drinking water operator certification fee structure for activities under 10 CSR 60. The proposed

rule was developed by a drinking water stakeholder group.

(1) All applications for drinking water operator certification must meet the requirements of 10 CSR 60-14.020. The following fees shall be assessed for drinking water operator certification beginning January 1, 2022:

(A) The application fee for the certification examination is fifty dollars ($50). Each retake of the exam is fifty dollars ($50);

(B) The application fee for certification by reciprocity is seventy-five dollars ($75);

(C) The fee to renew each certificate is sixty dollars ($60). Certificates must be renewed every three (3) years; and (D) A late fee of thirty-seven dollars and fifty cents ($37.50) per month, up to a total of seventy-five dollars ($75), is assessed for any certificate renewed after the expiration date.

(2) All certification and examination fees submitted are nonrefundable and nontransferable.

Original rule filed July 10, 2020, effective Jan. 1, 2022.

(11/30/21) JOHN R. ASHCROFT

## **Division 70** Soil and Water Districts Commission

### **Chapter 1** Organization

##### **10 CSR 70-1.010** Organization {#sec-10-csr-70-1.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-1.010}

(Rescinded August 30, 2018)

Filed Jan. 2, 2002, effective Aug. 30, 2002.

Amended: Filed Sept. 26, 2007, effective May 30, 2008. Rescinded: Filed Dec. 29, 2017, effective Aug. 30, 2018.

Op. Atty. Gen. No. 465, Norbury, 12-29-66.

The appointment of a member of the State Soil and Water Districts Commission, or a member of the board of supervisors of a soil and water conservation subdistrict, or a member of the trustees to the governing body of a subdistrict as the contracting officer for a soil and water conservation subdistrict is against public policy and void.

JOHNR. ASHCROFT(7/31/18)

**History**
- *AUTHORITY: section 278.070.4, RSMo 2000 and sections 278.080.1 and 278.080.5(8), RSMo Supp. 2007. Original rule filed Dec. 31, 1975, effective Jan. 10, 1976. Amended:*

### **Chapter 2** Referendums

##### **10 CSR 70-2.010** Conduct of Referendums {#sec-10-csr-70-2.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-2.010}

PURPOSE: This rule sets forth the basic procedures for the conduct of a referendum on the establishment or disestablishment of soil and water conservation districts.

(1) The process for the local committee and election judges is— (A) Publish successive notices of the referendum in one (1) or more newspapers in the county where the referendum is being held during each of the two (2) weeks immediately preceding the referendum;

(B) Open polls promptly at the time advertised;

(C) Furnish official ballots to each polling place; and (D) Close the polls promptly at the closing hour designated but allow those who have entered the polling place before this time to complete their ballots.

(2) If any elected judge is not present at the polls on the date and time of the referendum, the judges present may select any citizen in the district to serve as a judge and provide the necessary instructions.

(3) Only one (1) vote is allowed per farm by the owner or the owner’s legal representative.

A tract of land must be operated as an independent farm enterprise to entitle its land representative to a single vote. Two (2) or more tracts of land that are operated by one (1) management entity as an independent farm enterprise will be entitled to one (1) vote.

(4) Each landowner may personally cast one (1) vote per owned and independently operated farm. If the landowner is unable to personally vote, the landowner may give power of attorney to a taxpayer residing within the county to represent the landowner in the referendum.

(5) All blanks on the list of voters and all referendum and election tally sheets must be correctly filled in.

(6) Referendum and election tally sheets and all supplies should be returned to the clerk of the county court within twenty-four (24) hours after polls are closed, where they shall be safely preserved for twelve (12) months. If arrangements cannot be made with the county clerk, these materials shall be sent to the Soil and Water Districts Commission, PO Box 176, Jefferson City, MO 65102. The chair of the local committee and the clerk of the county court shall certify the total referendum vote by area and polling place and report the results to the chair of the Soil and Water Districts Commission.

**History**
- *AUTHORITY: section 278.080, RSMo 2016. This version of rule filed Dec. 7, 1955, effective Dec. 17, 1955. Amended: Filed May 23, 2018, effective Jan. 30, 2019. Original authority: 278.080, RSMo 1943, amended 1980, 1986, 1995, 2000, 2001.*

##### **10 CSR 70-2.020** Conduct of Supervisor Elections {#sec-10-csr-70-2.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-2.020}

PURPOSE: To fulfill the authority and duty assigned in section 278.080.5(2), RSMo, this

rule sets forth the basic procedures for the election of supervisors to the governing body of a soil and water conservation district.

(1) The Soil and Water Conservation District (SWCD) Board is responsible for conducting the election of supervisors in accordance with procedures established by the commission.

Elections may be conducted electronically or with paper ballots.

(2) The SWCD shall be partitioned by the commission into four (4) areas for the purpose of identifying candidates for the SWCD board.

(3) To qualify for office, a candidate shall— (A) Be a land representative as defined in 10 CSR 70-4.010;

(B) Be a cooperator of the SWCD;

(C) Reside in or own a farm lying in the same area where there is an expiring term; and (D) Be eighteen (18) years of age or older by the election date.

(4) Eligibility for Voting.

(A) Voting in SWCD supervisor elections is limited to one (1) vote per independent farm enterprise by a landowner or the landowner’s legal representative. A legal representative must have a power of attorney that specifically authorizes voting in SWCD supervisor elections.

(5) The election shall be certified by a majority of the board responsible for conducting the election. The SWCD Board of Supervisors shall complete and sign two (2) copies of the report and certification of supervisor election form. One (1) copy shall be mailed to the Soil and Water Conservation Program and one (1) copy shall be kept permanently in the SWCD files along with the tally sheet signed by the judges. After the election, the newly composed board shall select new officers and submit a list of the new officers to the Soil and Water Conservation Program.

JOHNR. ASHCROFT(12/31/18)

**History**
- *AUTHORITY: section 278.080.5(2), RSMo 2016. Original rule filed May 28, 1987, effective Aug. 27, 1987. Amended: Filed May 23, 2018, effective Jan. 30, 2019. Original authority: 278.080, RSMo 1943, amended 1980, 1986, 1995, 2000, 2001.*

### **Chapter 3** Formation of Subdistrict

##### **10 CSR 70-3.010** Formation of Soil and Water Conservation Subdistricts {#sec-10-csr-70-3.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-3.010}

PURPOSE: This rule sets forth the basic procedures for the organization of a subdistrict within a soil and water conservation district.

(1) Petition forms may be secured from the local soil and water conservation district board of supervisors or from the state commission office in Jefferson City, Missouri.

(2) The soil and water conservation district board should require certification by an elected county official that the signatures on the petition are those of landowners within the proposed subdistrict.

(3) The supervisors may divide a subdistrict into five (5) areas to nominate trustees.

(4) Landowners present at the hearing will nominate at least two (2) landowners from each of the five (5) designated areas, whose names will be placed on the ballot for election to serve as trustees of the subdistrict.

(5) Landowners present at the hearing will select the polling places and judges for the referendum.

(6) Any landowner may be represented by a notarized proxy not more than one (1) year old.

(7) The voting will be on the question of establishing the proposed area as a subdistrict.

(8) Notice of the referendum shall be made in the same manner as the notice of the hearing and a copy of the notice shall be filed with the Soil and Water Districts Commission in Jefferson City.

(9) The district board shall certify the formation of the subdistrict in the official minutes of a district board meeting and record authentic copies of the certification form provided by the Soil and Water Districts Commission by filing it with the recorder of deeds of each county in which any portion of the subdistrict lies. The certification form shall also be filed with the Soil and Water Districts Commission in Jefferson City.

(10) Five (5) landowners representing the five (5) designated areas within the proposed subdistrict shall be elected to serve as trustees of the subdistrict. Elections shall not fall upon the date of any regular political election held in the county and a simple majority vote is needed to elect a trustee.

(11) The board of supervisors of a subdistrict shall submit to the Soil and Water Districts Commission copies of any rules, forms, or other documents used in pursuance of board duties and other information concerning board activities as the commission may require.

(12) If the boundary of a subdistrict intersects a property, no less than a legally described one-quarter of a quarter section of land (40 acres) shall be considered for tax assessment purposes.

Op. Atty. Gen. No. 281, Buford, 7-3-69.

Section 278.290, RSMo (1969) which requires a waiting period of more than five years for disestablishment of watershed protection and flood prevention subdistricts has no application to the disestablishment of soil and water conservation districts; disestablishment of such districts is governed solely by section 278.150, RSMo (1969) which permits disestablishment at any time.

Op. Atty. Gen. No. 465, Norbury, 12-29-66.

The appointment of a member of the state Soil and Water Districts Commission, or a member of the board of supervisors of a soil and water conservation subdistrict or a member of the trustees to the governing body of a subdistrict as the contracting officer for a soil and water conservation subdistrict is against public policy and void.

JOHNR. ASHCROFT(12/31/18)

**History**
- *AUTHORITY: section 278.210, RSMo 2016. Original rule filed Aug. 12, 1957, effective Aug. 22, 1957. Amended: Filed May 23, 2018, effective Jan. 30, 2019. Original authority: 278.210, RSMo 1957, amended 1969.*

### **Chapter 4** Definitions

##### **10 CSR 70-4.010** Definitions {#sec-10-csr-70-4.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-4.010}

PURPOSE: This rule provides a legal description of terms used throughout Division 70.

(1) Definitions.

(A) Act means the Missouri Soil and Water Conservation Districts Law;

(B) Commission or Soil and Water Districts Commission or State Soil and Water Districts Commission means the agency created by section 278.080, RSMo for the administration of the soil and water conservation districts provided for by the Act;

(C) Conservation plan means the properly recorded decisions of the cooperating landowner on how the landowner plans, within practical limits, to use land in an operating unit within its capabilities and to treat it according to its needs for maintenance or improvement of the soil, water, and other related resources;

(D) Cost-Share Program means the Missouri State Soil and Water Conservation Cost-Share Program created by the Missouri State Soil and Water Conservation Districts Act, Chapter 278, RSMo;

(E) District means a soil and water conservation district as defined in section 278.070(4), RSMo;

(F) District board or board or board of supervisors means the local governing body of a soil and water conservation district elected or appointed in accordance with the provisions of the Act;

(G) Eligible practice means a soil and water conservation practice designated as eligible for state cost-share funds by the commission in accordance with 10 CSR 70- 5.020(1);

(H) Farm means land which has been assigned a United States Department of Agriculture Farm Service Agency (FSA) farm number or assessed as agricultural land by the county assessor where agriculture activities are normally performed and from which one thousand dollars ($1000) or more of agriculture products are normally sold in a year;

(I) Land representative means the owner or representative authorized by power of attorney of any farm lying within an area proposed to be established, and subsequently established, as a soil and water conservation district under Chapter 278, RSMo. Each farm is entitled to representation by a land representative; provided, however, that the land representative is a taxpayer of the county within which the soil and water district is located;

(J) Landowner means any person, firm, or corporation holding title to any lands lying within a district organized or to be organized under the provisions of Chapter 278, RSMo.

Any landowner may be represented by notarized power of attorney not more than one (1) year old. The term operator may be used interchangeably with landowner only for

Chapter 5. The operator is the principal person who runs a farm by conducting or supervising the work, making day-to-day management decisions, and incurring expenses for applying or implementing conservation practices. The operator may be a landowner, tenant, lessee, or sublessee;

(K) NRCS means the United States Department of Agriculture Natural Resources Conservation Service;

(L) Participating district means a soil and water conservation district which is a party to a memorandum of understanding or a cooperative working agreement as determined by the commission, which is entered into in accordance with 10 CSR 70-5.010(1);

(M) Practice means any individual structure, conservation measure, or operation which constitutes a viable method of erosion abatement, sediment control, or protection of water quality;

(N) State cost-share funds means funds available through the Missouri State Soil and Water Conservation Cost-Share Program; and (O) Technician means a person recognized by the commission as demonstrating acceptable technical knowledge and skills to evaluate and verify whether conservation practices meet required standards and specifications.

Filed Dec. 14, 1982, effective April 11, 1983.

Amended: Filed May 23, 2018, effective Jan. 30, 2019. *Original authority: Chapter 278, RSMo (see Revised Statutes of Missouri).

JOHNR. ASHCROFT(12/31/18)

**History**
- *AUTHORITY: Chapter 278, RSMo 2016 and RSMo Supp. 2018. Original rule filed Aug. 12, 1980, effective Jan. 1, 1981. Amended:*

### **Chapter 5** State Funded Cost-Share Program

##### **10 CSR 70-5.010** Allocation of Funds {#sec-10-csr-70-5.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-5.010}

PURPOSE: This rule establishes commission guidelines for allocation of funds available for the Missouri State Soil and Water Conservation Cost-Share Program.

(1) General Availability of Funds. State costshare funds are available only to landowners located in soil and water conservation districts which have agreed to locally administer the program and have executed a memorandum of understanding or a cooperative working agreement with the commission setting forth the terms of assistance. To be eligible, a landowner must have a conservation plan approved by the district. Acceptable formats for preparing conservation plans are determined by the commission.

(2) Annual Allocation of Funds. All funds allocated to the cost-share program for any fiscal year shall be apportioned by the commission to the participating districts by considering the character of the districts’ soil and water conservation needs according to criteria developed by the commission.

(A) Special Allocations. The commission may withhold funds from the general allocation for the purpose of providing cost-share for special projects which the commission considers necessary and of high priority for the saving of soil and water on Missouri’s agricultural land.

(3) Termination of the Memorandum of Understanding or Cooperative Working Agreement. In the event that the memorandum of understanding or cooperative working agreement is terminated by any district or by the commission, the commission may withdraw funds assigned to that district.

Aug. 12, 1980, effective Jan. 1, 1981.

Emergency amendment filed July 29, 2009, effective Aug. 8, 2009, expired Feb. 25, 2010.

Amended: Filed Sept. 26, 2007, effective May 30, 2008. Amended: Filed May 23, 2018, effective Jan. 30, 2019.

##### **10 CSR 70-5.020** Application and Eligibility for Funds {#sec-10-csr-70-5.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-5.020}

PURPOSE: This rule establishes criteria and methods of application for persons desiring funds from the Missouri Soil and Water Conservation Cost-Share Program.

(1) Establishing Practice Eligibility. The commission establishes a list of eligible practices for which cost-share funds are available and affirms or modifies the list as it considers appropriate. The participating districts shall develop annual priority listings of preferred practices from the commission eligibility list upon which they will base their considerations for cost-share. Landowners are eligible for cost-share funds for only the practices designated as eligible by both the Soil and Water Districts Commission and the participating districts. No eligible practices are available to treat flood scouring problems.

(2) Application for Assistance. To be eligible for assistance from the Cost-Share Program, a landowner must apply for cost-share on forms provided by the commission. Copies of these forms are available at district offices.

The district board will only act upon those applications for cost-share from landowners who have a conservation plan approved by the district for eligible practices in which implementation has not yet begun. However, governmental agencies, political subdivisions, and public institutions are excluded from participation in the Cost-Share Program.

(3) Funding Determination and Limits. It is the responsibility and duty of the district board to determine the actual dollar amount of cost-share for individual applications. In the event that the landowner wishes to construct or implement practices over and above the size or scope determined by a qualified technician to be of minimum and necessary need for soil and water conservation, the board shall provide cost-share assistance on only that part of the practice necessary for soil and water conservation purposes.

(4) Availability of Federal Funds. State costshare assistance is available for practice units applied for but not approved by the federal program, if those additional units constitute a complete structure, conservation measure, or operation in and of themselves. State costshare assistance may also supplement federal cost-share on an individual practice.

(5) Compliance with Applicable Law. In the implementation of any eligible practices, the landowner is responsible for assuring compliance with any applicable federal, state or local laws, ordinances, and regulations. The landowner is also responsible for obtaining all permits, licenses, or other instruments of permission required prior to the implementation of the proposed practice.

(6) Group Projects. Landowners may cooperate with other landowners in the event that the most appropriate solution to the soil and water conservation needs requires eligible practices to be located on or across property lines of different landowners. In these cases, an agreement between or among cooperating landowners must be prepared by or on behalf of the group stipulating and providing for, but not limited to, the divisions of unshared costs, maintenance, such easements as necessary to accomplish the implementation, operation, and maintenance of the practice and the sharing of rights and benefits over and above the public benefits which might accrue from the implementation of the practice. This agreement and an area conservation plan may be submitted to the district(s) within which the land included in the plans lies. Upon approval of the area conservation plan by the district(s), the individual landowners are eligible to apply for cost-share assistance under this rule. The area conservation plan may serve in lieu of the individual landowner conservation plans. All other requirements for application and cost-share assistance remain in effect.

(7) Special Projects. Upon notification of available funds for special critical-needs projects designated by the commission, the district board shall make all reasonable efforts to contact landowners within the special project area to inform them of the available costshare funds and encourage them to cooperate in the special critical-needs projects.

Landowners within the project boundaries may apply for the special cost-share assistance on practices specified as eligible by the commission. Cooperation in these special projects is entirely voluntary for landowners.

(8) Termination Date. All applications shall specify a termination date for completion of the conservation practice. Claims for payment received after the termination date shall not be honored unless an amendment for an extension is approved by the board.

Amendments for extensions can be authorized for an adequate period of time determined by the board to be reasonable and fair to the landowner.

(9) Application Amendments. A copy of any amendments will be furnished to each party receiving a copy of the original application.

4CODE OF STATE REGULATIONS

(12/31/18) JOHNR. ASHCROFT

The board shall approve each amendment required by the commission before it becomes effective. The commission will provide guidance regarding appropriate reasons for amendments.

Filed Sept. 4, 1985, effective Feb. 13, 1986.

Amended: Filed Jan. 15, 1986, effective April 25, 1986. Amended: Filed Aug. 25, 1986, effective Jan. 30, 1987. Amended: Filed Oct. 2, 1986, effective Jan. 30, 1987. Amended:

Filed Feb. 24, 1987, effective July 23, 1987.

Amended: Filed July 31, 1987, effective Dec. 1, 1987. Amended: Filed Jan. 25, 1988, effective April 28, 1988. Amended: Filed April 1, 1988, effective July 11, 1988.

Amended: Filed June 28, 1996, effective Feb. 28, 1997. Emergency amendment filed July 29, 2009, effective Aug. 8, 2009, expired Feb. 25, 2010. Amended: Filed March 10, 1999, effective Oct. 30, 1999. Amended: Filed May 23, 2018, effective Jan. 30, 2019.

**History**
- *AUTHORITY: sections 278.070.4, 278.080.1, 278.080.5(8), and 278.110.8, RSMo 2016. Jan. 1, 1981. Amended: Filed Dec. 14, 1982, effective April 11, 1983. Amended: Filed Oct. 13, 1983, effective Feb. 13, 1984. Amended:*

##### **10 CSR 70-5.030** Design, Layout and Construction of Proposed Practices; {#sec-10-csr-70-5.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-5.030}

Operation and Maintenance

PURPOSE: This rule specifies technical aspects and certification, establishes responsibility of operation and maintenance, and provides a method of modifying projects and practices.

(1) Technical Specifications. The commission shall rely on standards and specifications for soil and water conservation practices used by the United States Department of Agriculture Natural Resources Conservation Service as the

basis for determining need and practicability of the proposed practice, preparing plans and specifications, designing and laying out the practices, and certifying the proper implementation of the practices. Modifications to the standards and specifications may be considered and authorized by the commission.

Practice description and specification information will be available in the district office.

(2) Inspections and Certifications. An approved technician shall inspect the work in progress to ensure that practice standards and specifications are met. Following the implementation, the technician will certify to the district that the practice was or was not properly implemented. If the district does not receive a technician’s certification that the practice was properly implemented, it shall not approve any claim to the commission for payment regarding the practice.

(3) Operation and Maintenance by Landowner.

The landowner shall be responsible for the operation and maintenance of all practices implemented with assistance from the Cost- Share Program and the landowner will be expected to maintain the practices in good operating condition to assure their continued effectiveness.

(4) Requests for Removal, Alteration, or Modification of Practices. The commission may grant a district’s request for the removal, alteration, or modification of a practice at any time during the ten- (10-) year or expected life span, whichever is less, following payment of cost-share assistance.

Aug. 12, 1980, effective Jan. 1, 1981.

Emergency amendment filed July 29, 2009, effective Aug. 8, 2009, expired Feb. 25, 2010.

Amended: Filed Dec. 14, 1982, effective April 11, 1983. Amended: Filed May 23, 2018, effective Jan. 30, 2019.

##### **10 CSR 70-5.040** Cost-Share Rates and Reimbursement Procedures {#sec-10-csr-70-5.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-5.040}

PURPOSE: This rule establishes cost-share rates and reimbursement procedures.

(1) Cost-Share Rates. Cost-share and incentive rates are established by the commission and based on the estimated approved costs of eligible practices which have proven to be effective soil and water conservation methods.

(2) Eligible Costs. Eligible costs will be determined by the commission to include necessary and reasonable costs incurred by the landowner in implementing an approved practice. The costs may include, but are not limited to, machine hire or the use of the landowner’s own equipment, necessary materials delivered to and used at the site, and labor required to implement the practice.

(3) Documenting Costs. The commission determines the supporting documentation necessary to approve cost-share payments.

(4) Claim for Payment. The landowner is eligible for payment after the practice has been completed, certified by the technician, and approved by the district board.

Filed Aug. 25, 1986, effective Jan. 30, 1987.

Amended: Filed Dec. 1, 1986, effective March 26, 1987. Emergency amendment filed July 9, 2003, effective July 19, 2003, expired Jan. 14, 2004. Amended: Filed Sept. 23, 2003, effective April 30, 2004. Emergency amendment filed July 29, 2009, effective Aug. 8, 2009, expired Feb. 25, 2010. Amended:

Filed June 3, 2008, effective Jan. 30, 2009.

Amended: Filed May 23, 2018, effective Jan. 30, 2019. *Original authority: 278.080, RSMo 1943, amended 1961, 1980, 1986, 1995, 2000, 2001.

**History**
- *AUTHORITY: section 278.080, RSMo 2016. Jan. 1, 1981. Amended: Filed Dec. 14, 1982, effective April 11, 1983. Amended: Filed Jan. 15, 1986, effective April 25, 1986. Amended:*

##### **10 CSR 70-5.050** District Administration of the Cost-Share Program {#sec-10-csr-70-5.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-5.050}

PURPOSE: This rule establishes guidelines for the administration of the Cost-Share Program by the participating districts.

(1) District Board Action on Applications. The district board shall review the cost-share assistance application and any amendments and approve or disapprove each application or amendment. The action shall be recorded in the official minutes of the district meeting and the landowners shall be notified of the action within thirty (30) days. Special circumstances may arise where district board approval for cost-share assistance is needed before the next monthly district board meeting. In those cases, the district board shall establish specific criteria by which any district board member may approve that action. Applications for cost-share assistance may be approved by the district board only when there is a sufficient unobligated fund balance to provide the estimated cost-share amount. The district board shall not approve any application for costshare assistance in which the implementation of a project or practice has begun.

(2) District Review of Claim for Payment.

Upon completion of an eligible practice, the district shall review and approve the claim for payment. If the district determines that deficiencies exist, the district shall notify the landowner and provide the landowner with a reasonable opportunity to correct the deficiencies and resubmit the claim for payment.

(3) Filing System. To provide for efficient processing of requests for cost-share assistance and for maintenance of necessary documentation of matters relating to the administration of the Cost-Share Program, the district shall develop and maintain with the assistance of the commission, a filing system which includes copies of all forms completed by the landowner and all other information considered relevant to the implementation of the eligible practices and to the cost-share assistance provided. The files shall be available for inspection by representatives of the commission and the state auditor’s office.

(4) Regardless of the source of funding, each district board is authorized to deny any application or claim for payment for any program generally available through the district which is administered by the commission. The district board shall provide written notification of any denial to the applicant. The applicant may request that the commission conduct a review of the application or claim for payment. The request must be in writing and directed to the Soil and Water Districts Commission, PO Box 176, Jefferson City, MO 65102. The request must be received by the commission no later than thirty (30) days from the date the applicant received the denial notification from the district board. The applicant, upon request, may appear before the commission in person, by a representative, or in writing. The commission shall schedule the review of the application at a commission meeting within one hundred twenty (120) days of the district board’s denial. The commission shall give the applicant at least thirty (30) days written notice of the meeting when the commission will review the application.

Aug. 12, 1980, effective Jan. 1, 1981.

Amended: Filed Dec. 14, 1982, effective April 11, 1983. Amended: Filed Oct. 13, 1983, effective Feb. 13, 1984. Amended:

Filed May 2, 1990, effective Sept. 28, 1990.

Emergency amendment filed March 9, 1992, effective March 19, 1992, expired July 16, 1992. Emergency amendment filed July 29, 2009, effective Aug. 8, 2009, expired Feb. 25, 2010. Amended: Filed Nov. 15, 1991, effective April 9, 1992. Amended: Filed May 23, 2018, effective Jan. 30, 2019.

##### **10 CSR 70-5.060** Commission Administration of the Cost-Share Program {#sec-10-csr-70-5.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-5.060}

PURPOSE: This rule establishes guidelines for the administration of the Cost-Share Program by the commission.

(1) Forms. The commission shall develop and make available to participating districts, forms necessary for district administration, and prepare and keep updated guidance for district use in assisting with administration of the Cost-Share Program.

(2) Commission Review of Claims for Payment. Upon receipt of a district-approved claim for payment, a commission representative reviews the claim and supporting documentation. If the claim is determined to be complete and properly documented, payment will be made by the Office of Administration to the landowner.

( 3) Variance Requests. The commission may grant individual variances upon presentation of adequate proof that compliance with sections 278.060 to 278.300, RSMo or any rule or regulation, standard, requirement, limitation, or order of the commission will have an arbitrary and unreasonable impact on landowners participating in soil and water conservation eligible practices. In determining under what conditions and to what extent a variance may be granted, the commission has wide discretion in weighing the equities involved as well as the advantages and disadvantages of approving or disapproving a variance request.

(A) The variance request shall— 1. Be in writing;

2. Be filed with the program director of the Soil and Water Conservation Program; and 3. Specify the reasons a variance should be granted by the commission.

(B) The burden is placed on the applicant of a variance to show the inequities if the variance is not granted.

(C) The program director shall promptly investigate the application and make a recommendation to the commission as to whether the variance should be granted or denied.

(4) Incomplete or Inaccurate Claims for Payments. No payment will be authorized until the commission has determined that the claim for payment and necessary supporting documentations are complete and accurate.

(5) Violations of Cost-Share Assistance Agreement. In the event the commission is notified of an alleged violation of the costshare assistance agreement, a representative of the commission, or a representative of the district, or both, shall investigate the alleged violation and report the results of the investigation to the commission. If, following the investigation, it appears as though a violation has occurred, the district board shall notify the landowner by certified mail, return receipt requested, and demand repayment of the appropriate amount to the Cost-Share Program within thirty (30) days after receipt of the demand for repayment. Within that thirty- (30-) day period, the landowner may request the commission review the demand for repayment. The request for a review must be in writing. The review shall be conducted at a commission meeting, allowing adequate opportunity for the landowner to present arguments in support of the claim. The landowner’s arguments may be presented by the landowner, by a representative, or in writing. If, following the review, the commission determines that no violation has occurred or that extenuating circumstances justify the landowner’s position, the demand for repayment shall be withdrawn and the commission shall notify the landowner of its decision. If, however, following the review, the commission determines the violation did occur, it shall notify the landowner by certified mail, return receipt requested, and renew the demand for repayment. If the repayment is not received within thirty (30) days of receipt of the commission’s request for repayment or if all deficiencies are not corrected at the landowner’s expense within the time specified by the commission, the commission may refer the matter to the Office of the Attorney General for recovery of the state cost-share funds.

(6) New Practices. The commission has the

purpose of testing development and implementation of new cost-share practices appropriate for future soil and water conservation resource needs. A pilot project will be conducted for a specified period of time in a limited area determined by the commission.

Filed Jan. 31, 1996, effective Sept. 30, 1996.

Amended: Filed May 23, 2018, effective Jan. 30, 2019.

6CODE OF STATE REGULATIONS

(12/31/18) JOHNR. ASHCROFT *Original authority: 278.070(4), RSMo 1943, amended 1961, 1969, 1980, 2008, 2009; 278.080(8), RSMo 1943 amended 1961, 1980, 1986, 1995, 2000, 2001; and 278.110.8, RSMo 1943, amended 1961, 1980.

**History**
- *authority to conduct a pilot project for the*
- *AUTHORITY: sections 278.070(4), 278.080(8), and 278.110.8, RSMo 2016. Jan. 1, 1981. Amended: Filed Dec. 14, 1982, effective April 11, 1983. Amended: Filed July 23, 1992, effective May 5, 1993. Emergency amendment filed July 29, 2009, effective Aug. 8, 2009, expired Feb. 25, 2010. Amended:*

##### **10 CSR 70-5.100** Availability and Apportionment of Funds {#sec-10-csr-70-5.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-5.100}

(Moved to 10 CSR 70-7.100)

##### **10 CSR 70-5.110** Application and Eligibility for Funds {#sec-10-csr-70-5.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-5.110}

(Moved to 10 CSR 70-7.110)

##### **10 CSR 70-5.120** Design, Layout and Construction of Proposed Practices and Projects; Operation and Maintenance {#sec-10-csr-70-5.120 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-5.120}

(Moved to 10 CSR 70-7.120)

##### **10 CSR 70-5.130** Loan Interest-Share Application; Eligibility of Cost; and Reimbursement Procedures {#sec-10-csr-70-5.130 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-5.130}

(Moved to 10 CSR 70-7.130)

##### **10 CSR 70-5.140** District Administration of the Loan Interest-Share Program {#sec-10-csr-70-5.140 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-5.140}

(Moved to 10 CSR 70-7.140)

##### **10 CSR 70-5.150** Process and Commission Administration of the Loan Interest-Share Program {#sec-10-csr-70-5.150 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-5.150}

(Moved to 10 CSR 70-7.150)

### **Chapter 6** Tax Levy Referendums

##### **10 CSR 70-6.010** Watershed District Tax Levy Referendums {#sec-10-csr-70-6.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-6.010}

PURPOSE: This rule provides the procedures to be followed in watershed subdistrict tax levy referendums. Originally a subdistrict’s governing body had statutory authority to levy taxes in its subdistrict. Article X, Section 16- 24 of the Constitution of Missouri approved after sections 278.160–278.300, RSMo were written, forbids levying any new tax and/or increasing any existing tax unless voters approve it.

(1) The trustees of the watershed district are responsible for conducting referendums as outlined below.

(2) Watershed district referendums for tax levies should be held separately and distinctly from soil and water conservation district (SWCD) elections for district supervisors, but may be held in conjunction with watershed district trustee elections.

(3) Each landowner is eligible to vote at a designated polling place. If a landowner is unable to personally vote, such landowner may give power of attorney to a taxpaying citizen of the watershed district to represent the landowner. The power of attorney authorization form must be given to the referendum judges.

(4) The watershed district trustees will— (A) Provide legal notice of the referendum once each week for two (2) consecutive weeks immediately preceding the week of the election in one (1) newspaper of general circulation in the watershed district; the last notice to be published at least ten (10) days prior to the referendum date. If sufficient need for notices in more than one (1) newspaper can be shown, the commission may approve, in advance, additional publications;

(B) Select three (3) judges who will agree to conduct the referendum for each polling place. The judges must be landowners within the watershed district;

(C) Provide a locked or sealed ballot box;

(D) Prepare ballots, tally sheets, voter registration sheets, and an envelope for storing cast ballots and deliver them to the judges.

Ballots shall state the amount of the proposed tax and whether it is an organization tax or a tax for construction, repair, alteration, maintenance, and operation;

(E) Make all necessary arrangements to secure polling places, which shall remain open for a period of not less than six (6) hours; and (F) Store and retain the sealed ballots for at least one (1) year from the referendum date.

(5) The referendum judges will— (A) Be present during the polling period and for counting the votes. If any election judge is not present at the time for opening the polls, the judges present shall select a landowner of the watershed district to serve as a judge and give this person the necessary instructions. A majority of the election judges shall determine, in accordance with section (3), the qualifications of a voter as presented at the polls;

(B) Open and close the polls promptly at the time advertised, but allow those who have entered the polls before closing time to complete their ballots;

(C) Collect and attach any power of attorney forms to the list of voters form and make the proper notation on the list;

(D) After the polls are closed, count the ballots, record on the tally sheet the number of “Yes” and “No” votes, and certify the results. A majority vote shall determine the issue;

(E) Place the counted ballots in an envelope and seal them. After sealing, ballots shall not be inspected, except in case of a contested referendum, and then only on order of the proper court; and (F) Provide the sealed ballots to the watershed district or one (1) of the SWCD boards as directed by the watershed district for proper storage. Ballots shall be safely preserved for twelve (12) months.

(6) The watershed district or one (1) of the SWCD boards as directed by the watershed district, may request reimbursement for the cost of legal notices from the Soil and Water Districts Commission. To request reimbursement, send to the Soil and Water Conservation Program an original and two (2) copies of the affidavit of publication, an original and one (1) copy of the paid receipt, and an original and two (2) copies of the requisition for election expense reimbursement form. Other expenses incurred in administering referendums are the responsibility of the SWCD.

These expenses may be included as items reimbursable through the SWCD’s normal administrative expense allocation.

(7) The watershed district or one (1) of the SWCD boards as directed by the watershed district, will complete and sign two (2) copies of the report and certification of tax levy referendum form. One (1) copy shall be mailed to the Soil and Water Conservation Program.

One (1) copy and a tally sheet signed by the judges shall be kept permanently in the SWCD files.

JOHNR. ASHCROFT(12/31/18)

**History**
- *AUTHORITY: section 278.210, RSMo 2016. Original rule filed June 15, 1984, effective Oct. 11, 1984. Amended: Filed May 23, 2018, effective Jan. 30, 2019. Original authority: 278.210, RSMo 1957, amended 1969.*

### **Chapter 7** State Loan Interest-Share Program

##### **10 CSR 70-7.100** Availability and Apportionment of Funds {#sec-10-csr-70-7.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-7.100}

5.100. Original rule filed July 12, 1985,

##### **10 CSR 70-7.110** Application and Eligibility for Funds {#sec-10-csr-70-7.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-7.110}

5.110. Original rule filed July 12, 1985, 29, 1987, effective Feb. 17, 1988. Amended:

Filed March 1, 1988, effective June 15, 1988. Rescinded: Filed Dec. 29, 2017, effective Aug. 30, 2018.

##### **10 CSR 70-7.120** Design, Layout and Construction of Proposed Practices and Projects; Operation and Maintenance {#sec-10-csr-70-7.120 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-7.120}

5.120. Original rule filed July 12, 1985,

##### **10 CSR 70-7.130** Loan Interest-Share Application; Eligibility of Costs; and Reimbursement Procedures {#sec-10-csr-70-7.130 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-7.130}

5.130. Original rule filed July 12, 1985,

##### **10 CSR 70-7.140** District Administration of the Loan Interest-Share Program {#sec-10-csr-70-7.140 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-7.140}

5.140. Original rule filed July 12, 1985, 29, 1987, effective Feb. 17, 1988. Amended:

Filed Nov. 15, 1991, effective April 9, 1992.

Emergency amendment filed March 9, 1992, effective March 19, 1992, expired July 16, 1992. Rescinded: Filed Dec. 29, 2017, effective Aug. 30, 2018.

##### **10 CSR 70-7.150** Process and Commission Administration of the Loan Interest-Share Program {#sec-10-csr-70-7.150 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-7.150}

5.150. Original rule filed July 12, 1985, JOHNR. ASHCROFT(7/31/18)

### **Chapter 8** State Funded Special Area Land Treatment (SALT) Program

##### **10 CSR 70-8.010** Commission Administration of the SALT Program and Apportionment of SALT Funds {#sec-10-csr-70-8.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-8.010}

##### **10 CSR 70-8.020** Application and Eligibility for SALT Cost-Share Funds {#sec-10-csr-70-8.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-8.020}

##### **10 CSR 70-8.030** Design, Layout and Construction of SALT Proposed Practices; {#sec-10-csr-70-8.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-8.030}

Operation and Maintenance

##### **10 CSR 70-8.040** SALT Cost-Share Rates and Reimbursement Procedures {#sec-10-csr-70-8.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-8.040}

2007. Original rule filed Nov. 13, 2002, effective June 30, 2003. Amended: Filed June 3, 2008, effective Jan. 30, 2009. Rescinded:

**History**
- *AUTHORITY: section 278.080, RSMo Supp.*

##### **10 CSR 70-8.050** District Administration of the SALT Cost-Share Program {#sec-10-csr-70-8.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-8.050}

##### **10 CSR 70-8.060** Commission Administration of the SALT Cost-Share Program 278.110.8, RSMo 2000 and 278.080(9), {#sec-10-csr-70-8.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-8.060}

##### **10 CSR 70-8.070** Availability and Apportionment of SALT Loan Interest-Share Funds {#sec-10-csr-70-8.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-8.070}

##### **10 CSR 70-8.080** Application and Eligibility for SALT Loan Interest-Share Funds {#sec-10-csr-70-8.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-8.080}

##### **10 CSR 70-8.090** Design, Layout and Construction of Proposed Water Quality Practices and Projects; Operation and Maintenance for SALT Loan Interest- Share {#sec-10-csr-70-8.090 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-8.090}

**History**
- *AUTHORITY: sections 278.070(4), and*

##### **10 CSR 70-8.100** SALT Loan Interest- Share Application; Eligibility of Costs; and Reimbursement Procedures {#sec-10-csr-70-8.100 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-8.100}

##### **10 CSR 70-8.110** District Administration of the SALT Loan Interest-Share Program {#sec-10-csr-70-8.110 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-8.110}

##### **10 CSR 70-8.120** Process and Commission Administration of the SALT Loan Interest- Share Program {#sec-10-csr-70-8.120 omnilex-key=us-mo-regs-official--title-10--10 CSR 70-8.120}

## **Division 80** Solid Waste Management

### **Chapter 1** Organization

##### **10 CSR 80-1.010** General Organization {#sec-10-csr-80-1.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-1.010}

(Rescinded August 30, 2018)

1990. Original rule filed June 14, 1976, effective Oct. 11, 1976. Amended: Filed May 3, 1993, effective Jan. 13, 1994. Rescinded:

Filed Dec. 29, 2017, effective Aug. 30, 2018.

JOHNR. ASHCROFT(7/31/18)

**History**
- *AUTHORITY: section 260.225, RSMo Supp.*

### **Chapter 2a** General Provisions

##### **10 CSR 80-2.010** Definitions {#sec-10-csr-80-2.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-2.010}

PURPOSE: This rule defines terms used in 10 CSR 80.

(1) Alkaline-manganese battery or alkaline battery means a battery having a manganese dioxide positive electrode, a zinc negative electrode, an alkaline electrolyte, including alkaline-manganese button cell batteries intended for use in watches, calculators, and other electronic products, and larger-sized alkaline-manganese batteries in general household use.

(2) Button cell battery or button cell means any small alkaline-manganese or mercuricoxide battery having the size and shape of a button.

(3) Airport means a public-use airport open to the public without prior permission and without restrictions within the physical capacities of available facilities.

(4) Applicant means a person who applies for a solid waste permit from the department.

(5) Aquifer means a hydrostratigraphic unit capable of consistently yielding a sufficient amount of water to a monitoring well within twenty-four (24) hours of purging for sampling and analysis.

(6) Areas susceptible to mass movement means those areas of influence (for example, areas characterized as having an active or substantial possibility of mass movement) where the movement of earth material at, beneath or adjacent to the sanitary landfill, because of natural or man-induced events, results in the downslope transport of soil and rock material by means of gravitational influence. Areas of mass movement include, but are not limited to, landslides, avalanches, debris slides and flows, solifluction, block sliding and rock fall.

(7) Bedrock means the solid rock strata underlying solid and unconsolidated surface materials.

(8) Bird hazard means an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft or injury to its occupants.

(9) Cell means compacted solid wastes that are enclosed on all sides by natural soil or cover in a solid waste disposal area.

(10) City means any incorporated city, town or village.

(11) Clean fill means uncontaminated soil, rock, sand, gravel, concrete, asphaltic concrete, cinderblocks, brick, minimal amounts of wood and metal, and inert solids as approved by rule or policy of the department for fill, reclamation or other beneficial use.

(12) Closure means the permanent cessation of active disposal operations, abandonment of the disposal area, revocation of the permit or filling with waste of all areas and volumes specified in the permit and preparing the area for long-term care.

(13) Closure plan means plans, designs and relevant data which specify the methods and schedule by which the operator will complete or cease disposal operations, prepare the area for long-term care and make the area suitable for other uses, to achieve the purposes of the Solid Waste Management Law and the corresponding rules.

(14) Commercial waste means all types of solid waste generated by stores, offices, restaurants, warehouses and other nonmanufacturing activities, excluding residential and industrial wastes.

(15) Commingled recyclables means more than one(1) source separated recyclable material that has been placed in a single container for collection.

(16) Competent bedrock means solid rock that underlies unconsolidated deposits (including residuum) which displays limited evidence of weathering throughout the rock mass.

(17) Compost facility means a solid waste processing facility using a controlled process of microbial degradation of organic material which was not source-separated into a stable, nuisance-free humus-like product.

(18) Confining unit means a hydrostratigraphic unit of low permeability material above or below one (1) or more aquifers.

(19) Cover means soil or other suitable material that is used to cover compacted solid waste in a solid waste disposal area.

(20) Demolition landfill means a solid waste disposal area used for the controlled disposal of demolition wastes, construction materials, brush, wood wastes, soil, rock, concrete and inert solids insoluble in water.

(21) Department means the Department of Natural Resources.

(22) Detailed site investigation means the process of conducting a detail surface and subsurface geologic and hydrologic investigation for a proposed solid waste disposal area.

(23) Detail site investigation report means a written report that is submitted to the Missouri Department of Natural Resources concerning the results of a detailed surface and subsurface geologic and hydrologic investigation for a proposed solid waste disposal area.

(24) Detailed site investigation workplan means a plan for conducting a detailed surface and subsurface geologic and hydrologic investigation for a proposed solid waste disposal area.

(25) Director means the director of the Department of Natural Resources.

(26) Displacement means the relative movement of any two (2) sides of a fault measured in any direction.

(27) Existing sanitary landfill means any sanitary landfill that continues to receive solid waste in contiguous areas after October 9, 1993.

(28) Fault means a fracture or a zone of fractures in any material along which strata on one side have been displaced with respect to that on the other side.

(29) Final closure means that a solid waste disposal area has ceased taking waste, has completed all closure activities applicable to the Solid Waste Management Program’s law and rules and has obtained closure approval from the program.

(30) Financial assurance instrument means an instrument or instruments including, but not limited to, cash or surety bond, letters of credit, corporate guarantee or secured trust fund, submitted by the applicant to ensure proper closure, post-closure care, or corrective action of a solid waste disposal area in the event that the operator fails to correctly perform closure, post-closure care, or corrective action except that the financial test for the corporate guarantee shall not exceed one and one-half (1 1/2) times the estimated cost of closure and post-closure. The form and content of the financial assurance instrument CODE OF STATE REGULATIONS3 JOHNR. ASHCROFT(1/29/07)* shall meet or exceed the requirements of the department. The instrument shall be reviewed and approved or disapproved by the attorney general.

(31) Flood area means any area inundated by one hundred (100)-year flood event, or the flood event with a one percent (1%) chance of occurring in any given year.

(32) Floodplain means the lowland and relatively flat areas adjoining inland waters, that are inundated by the one hundred (100)-year flood.

(33) Gas condensate means the liquid generated as a result of gas recovery process(es) at the solid waste disposal area.

(34) Geologic structure means the post-depositional deformation of bedrock and surficial materials resulting from physical stresses, (e.g. faults, folds).

(35) Groundwater means water in the saturated zone beneath the land surface.

(36) Groundwater monitoring plan means a description of the strategy for effectively monitoring groundwater at a proposed or existing solid waste disposal area.

(37) Hazardous wastes means any waste or combination of wastes, as determined by the Hazardous Waste Commission by rules and regulations, which, because of quantity, concentration, or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illnesses, or pose a present or potential threat to the health of humans or the environment.

(38) Holocene means the most recent epoch of the Quaternary Period, extending from the end of the Pleistocene Epoch to the present.

(39) Horizontal expansion means an expansion of a disposal area beyond current permitted disposal area limits through issuance of a new permit by the department.

(40) Household consumer means an individual who generates used motor oil through the maintenance of the individual’s personal motor vehicle, vessel, airplane, or other machinery powered by an internal combustion engine.

(41) Household consumer used motor oil collection center means any site or facility that accepts or aggregates and stores used motor oil collected only from household consumers or farmers who generate an average of twenty-five (25) gallons per month or less of used motor oil in a calendar year. This section shall not preclude a commercial generator from operating a household consumer used motor oil collection center.

(42) Household consumer used motor oil collection system means any used motor oil collection center at publicly owned facilities of private locations, any curbside collection of household consumer used motor oil, or any other household consumer used motor oil collection program determined by the department to further the purposes of the Solid Waste Management Law.

(43) Household waste means any solid waste (including garbage, trash and sanitary waste in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas).

(44) Hydrostratigraphic unit means a geologic stratum or group of strata that exhibit similar characteristics with respect to transmission of fluids or gases.

(45) Incinerator means a solid waste processing facility consisting of any device or structure resulting in weight or volume reduction of solid waste by combustion.

(46) Incinerator residue means all wastes that remain after combustion, including bottom ash, fly ash, slag and grate siftings.

(47) Infectious waste means waste in quantities and characteristics as determined by the department by rule that is capable of producing an infectious disease because it contains pathogens of sufficient virulence and quantity so that exposure to the waste by a susceptible human host could result in an infectious disease. These wastes include isolation wastes, cultures and stocks of etiologic agents, blood and blood products, pathological wastes, other contaminated wastes from surgery and autopsy; contaminated laboratory wastes, sharps, dialysis unit wastes, discarded biological materials known or suspected to be infectious; provided, however, that infectious waste does not mean waste treated to department specifications.

(48) Infectious waste processing facility means a solid waste processing facility permitted specifically for the treatment or other processing of infectious waste.

(49) Karst terranes means areas where karst, with its characteristic surface and subsurface features, is developed as the result of dissolution of limestone, dolomite or other soluble rock. Characteristic physiographic features present in karst terranes include, but are not limited to, sinkholes, losing streams, caves, solution channels or conduits, springs and solution valleys.

(50) Land surveyor means a land surveyor licensed to practice by the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Landscape Architects.

(51) Leachate means liquid that has percolated through solid waste or has come in contact with solid waste and has extracted, dissolved or suspended materials from it.

(52) Leachate collection system means any combination of landfill base slopes, liners, permeable zones, pipes, sumps, pumps or retention structures that is designed, constructed and maintained to monitor leachate generation in a solid waste disposal area and collect and remove leachate as necessary to reduce leachate depth over a landfill base.

(53) Lead acid battery means a battery designed to contain lead and sulfuric acid with a nominal voltage of a least six (6) volts and of the type intended for use in motor vehicles and watercraft.

(54) Liner means a continuous layer(s) of soil, man-made materials, or both, beneath and on the sides of a solid waste disposal area which controls and minimizes the downward or lateral escape of solid waste, solid waste constituents or leachate.

(55) Liquid waste means any waste material that is determined to contain free liquids as defined by Method 9095 (Paint Filter Liquids Test), as described in Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods (EPA Pub. No. SW-846).

(56) Lithified earth material means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose sediments. This term does not include man-made materials, such as fill, concrete and asphalt or unconsolidated earth materials, soil or regolith lying at or near the earth surface.

(57) Major appliance means clothes washers and dryers, water heaters, trash compactors, 4CODE OF STATE REGULATIONS (1/29/07)* JOHNR. ASHCROFT dishwashers, microwave ovens, conventional ovens, ranges, stoves, woodstoves, air conditioners, refrigerators, and freezers.

(58) Maximum horizontal acceleration in lithified earth material means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a ninety percent (90%) or greater probability that the acceleration will not be exceeded in two hundred fifty (250) years, or the maximum expected horizontal acceleration based on a site-specific seismic risk assessment.

(59) Mercuric-oxide battery or mercury battery means a battery having a mercuric-oxide positive electrode, a zinc negative electrode, and an alkaline electrolyte, including mercuric-oxide button cell batteries generally intended for use in hearing aides and larger size mercuric-oxide batteries used primarily in medical equipment.

(60) Motor oil means any oil intended for use in a motor vehicle, as defined in section 301.010, RSMo, train, vessel, airplane, heavy equipment, or other machinery powered by an internal combustion engine.

(61) Municipal wastes means household waste, commercial, agricultural, governmental, industrial and institutional waste which have chemical and physical characteristics similar to those of household waste.

(62) New sanitary landfill means any sanitary landfill that has not received waste prior to October 9, 1993.

(63) On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection and access is by crossing, as opposed to going along, the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which s/he controls and to which the public does not have access is also considered on-site property.

(64) One hundred (100)-year flood means a flood that has a one percent (1%) or greater chance of recurring in any given year or a flood of a magnitude equalled or exceeded once in one hundred (100) years on the average over a significantly long period.

(65) Open burning means the combustion of solid waste without: 1) control of combustion air to maintain adequate temperature for efficient combustion, 2) containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion and 3) control of the emission of the combustion products.

(66) Open dump means an unpermitted solid waste disposal area at which solid wastes are disposed of in a manner that does not protect the environment, are susceptible to openburning and are exposed to the elements, vectors and scavengers.

(67) Operator means a person who is responsible for the overall day-to-day operation and maintenance of a facility and along with the owner, obtains a solid waste permit from the department.

(68) Owner means any person holding a freehold interest in the land upon which the solid waste disposal area or solid waste processing facility is located.

(69) Owner/operator means owner and operator.

(70) Permeable geologic media means soil or lithified earth material that has a hydraulic conductivity of greater than 1.0 × 10 -6 centimeters per second (cm/sec), as determined in situ aquifer tests, packer test or other methods approved by the department’s geological survey program.

(71) Permit modification means any approval issued by the department which alters or modifies the provision of an existing permit previously issued by the department.

(72) Person means individual, partnership, corporation, association, institution, city, county, other political subdivision, authority, state agency or institution or federal agency or institution.

(73) Phase means a distinct area of a landfill, identifiable both in the plans and in the field by natural boundaries or permanent survey markers. A phase must include provisions for constructing and operating leachate collection systems, liners, gas collection systems and any other landfill structures independent of any other phase.

(74) Phased development means the division of the construction and operations of a solid waste disposal area permit into two (2) or more distinct phases in order to facilitate more orderly construction, operation, closure or post-closure care, or both, of the solid waste disposal area, with each phase being distinctly identifiable both in the plans and in the field by natural boundaries or permanent survey markers, or both.

(75) Piezometer means a well that is used to measure groundwater elevation or depth.

(76) Plans mean reports and drawings, including a narrative operating description, prepared to describe the solid waste disposal area or solid waste processing facility design, its proposed operation and closure and postclosure care.

(77) Poor foundation conditions means those areas where features exist which indicate that a natural or man-induced event may result in inadequate foundation support for the structural components of a landfill.

(78) Post-closure care means all maintenance and monitoring performed at a solid waste disposal area after closure is complete to prevent or minimize existing or potential health hazards, public nuisance or environmental pollution and in accordance with the terms of the permit, the Solid Waste Management Law and the corresponding rules.

(79) Post-closure plan means plans, designs and relevant data which specify the methods and schedules by which the operator shall perform necessary monitoring and care for the area after closure to achieve the purposes of the Solid Waste Management Law and the corresponding rules.

(80) Potable groundwater means groundwater that is safe for human consumption in that is is free from impurities in amounts sufficient to cause disease or harmful physiological effects and has less than ten thousand (10,000) parts per million total dissolved solids.

(81) Preliminary site investigation means an investigation conducted by the Division of Geology and Land Survey to determine the geohydrologic suitability for further exploration at a proposed solid waste disposal area.

(82) Professional engineer means a professional engineer licensed to practice by the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Landscape Architects.

(83) Qualified groundwater scientist means a scientist or licensed professional engineer who has received a baccalaureate or postgraduate degree in the natural sciences or engineering and has sufficient training and experience in groundwater hydrology and related fields as may be demonstrated by state registration, professional certifications or completion of accredited university programs CODE OF STATE REGULATIONS5 that enable that individual to make sound professional judgments regarding groundwater monitoring, contaminant fate and transport, and corrective action.

(84) Rapid migration means the movement of fluids at rates in excess of ten feet (10') per year as determined by: tracer tests, age dating, in situ aquifer testing, packer tests or other methods as approved by the Geological Survey Program.

(85) Recovered materials means those material which have been diverted or removed from the solid waste stream for sale, use, reuse or recycling, whether or not they require subsequent separation and processing.

(86) Recycled content means the proportion of fiber or content in a product which is derived from post-consumer waste.

(87) Recycling means the separation and reuse or remanufacture of materials which might otherwise be disposed of as solid waste.

(88) Recycling center means any collection (not manufacturing) facility or system that accepts source-separated recyclable or commingled recyclable materials for processing and resale to markets for resource recovery for example: aluminum cans and scraps, tin, copper, glass, paper products, plastics, bimetal and steel containers, ferrous and nonferrous metals.

(89) Resource recovery means a process by which recyclable and recoverable material is removed from the waste stream to the greatest extent possible, as determined by the department and pursuant to department standards, for reuse or remanufacture.

(90) Resource recovery facility means any facility including a material recovery facility in which recyclable and recoverable material is removed from the waste stream to the greatest extent possible, as determined by the department and pursuant to department standards, for reuse or remanufacture.

(91) Runoff means any liquid that drains over land from any part of a facility.

(92) Run-on means any liquid that drains over land onto any part of a facility.

(93) Salvaging means the controlled removal of solid waste materials for utilization.

(94) Sanitary landfill means a permitted solid waste disposal area employing an engineered method of disposing of solid wastes on land in a manner that minimizes environmental hazards by spreading the solid wastes in thin layers, compacting the solid wastes to the smallest practical volume and applying cover at the end of each operating day. Sanitary landfills include all disposal area that accept all types of solid waste including, but not limited to, commercial and residential solid waste.

(95) Scavenging means uncontrolled or unauthorized removal of solid waste from a solid waste disposal area or solid waste processing facility.

(96) Seismic impact zone means an area with a ten percent (10%) or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth’s gravitational pull (g), will exceed 0.10g in two hundred fifty (250) years.

(97) Site means any area proposed for construction of a solid waste disposal area.

(98) Sludge means the accumulated semi-solid suspension of settled solids deposited from wastewaters or other fluids in tanks or basins.

(99) Soil means sediments or other unconsolidated accumulations of solid particles produced by the physical and chemical disintegration of rocks and which may or may not contain organic matter.

(100) Solid waste means garbage, refuse and other discarded materials including, but not limited to, solid and semisolid waste materials resulting from industrial, commercial, agricultural, governmental and domestic activities, but does not include hazardous waste as defined in sections 260.360 to 260.434, RSMo recovered materials, overburden, rock, tailings, matte, slag or other waste material resulting from mining, milling or smelting.

(101) Solid waste disposal area means any area used for the disposal of solid waste from more than one (1) residential premises, or one (1) or more commercial, industrial, manufacturing, recreational or governmental operation.

(102) Solid waste management plan means a set of documents legally adopted by a state recognized governing body of a local or regional solid waste management program to administer the solid waste management system(s) for a minimum of ten (10) years.

(103) Solid waste management system means the entire process of managing solid waste in a manner which minimizes the generation and subsequent disposal of solid waste, including waste reduction, source separation, storage, collection, transportation, recycling, resource recovery, volume minimization, processing market development and disposal of solid wastes.

(104) Solid waste processing facility means any facility where solid wastes are salvaged and processed, including:

(A) A transfer station; or (B) An incinerator which operates with or without energy recovery but excluding waste tire end-user facilities; or (C) A material recovery facility which operates with or without composting.

(105) Solid waste technician means an individual who has successfully completed training in the practical aspects of the design, operation and maintenance of a permitted solid waste processing facility or solid waste disposal area in accordance with the Solid Waste Management Law and rules.

(106) Source reduction means practices which avoid, eliminate or minimize the generation of solid waste.

(107) Source-separated recyclable material means a waste material, for which a market exists, which has not been commingled with other solid waste but has been kept separate at the point of generation.

(108) Special waste means waste which is not regulated hazardous waste, which has physical or chemical characteristics, or both, that are different from municipal, demolition, construction and wood wastes, and which potentially require special handling.

(109) Special waste landfill means a solid waste disposal area permitted specifically for the disposal of one (1) or more special waste(s).

(110) Special waste processing facility means a solid waste processing facility permitted specifically for the processing of one (1) or more special waste(s).

(111) Structural components means liners, leachate collection systems, final covers, runon/runoff systems and any other component used in the construction and operation of the solid waste disposal area that is necessary for protection of human health and the environment.

6CODE OF STATE REGULATIONS

(112) Tire means a continuous solid or pneumatic rubber covering encircling the wheel of any self-propelled vehicle not operated exclusively upon tracks, or a trailer as defined in

Chapter 301, RSMo, except farm tractors and farm implements owned and operated by a family farm or family farm corporation as defined in section 350.010, RSMo.

(113) Transfer station means a site or facility which accepts solid waste for temporary storage, or consolidation and further transfer to a waste disposal, processing or storage facility.

Transfer station includes, but is not limited to, a site or facility where waste is transferred from: a rail carrier, motor vehicle or water carrier to another carrier, if the waste is removed from the container or vessel.

(114) Unstable area means a location that is susceptible to natural or human-induced events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill. Unstable areas can include poor foundation conditions, areas, susceptible to mass movements and karst terranes.

(115) Uppermost aquifer means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the property boundary.

(116) Uppermost regional aquifer means the hydrostratigraphic unit closest to the ground surface that is capable of consistently yielding at least three hundred sixty (360) gallons per day of potable water to a well and is commonly used for private or public drinking water supply.

(117) Used motor oil means any motor oil which as a result of use, becomes unsuitable for its original purpose due to loss of original properties or the presence of impurities, but used motor oil shall not include ethylene glycol oils used for solvent purposes, oil fibers that have been drained of free-flowing used oil, oily waste, oil recovered from oil tank cleaning operation, oil spilled to land or water, or industrial nonlube oils such as hydraulic oils, transmission oils, quenching oils, and transformer oils.

(118) Utility waste means fly ash waste, bottom ash waste, slag waste and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels.

(119) Utility waste landfill means a solid waste disposal area used for fly ash waste, bottom ash waste, slag waste and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels.

(120) Vector means a carrier including, but not limited to, arthropod, birds and rodents capable of transmitting a pathogen from one organism to another.

(121) Vegetation means plant materials that have been specified in the closure/post-closure plans and have been specifically cultivated for cover on the landfill and borrow area.

Vegetation should provide at least eighty percent (80%) coverage in order to control erosion and limit water infiltration.

(122) Washout means the carrying away of solid waste by waters of the one hundred (100)-year flood.

(123) Waste tire means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect.

(124) Waste tire collection center means a site where waste tires are collected prior to being offered for recycling or processing and where fewer than five hundred (500) tires are kept on-site on any given day.

(125) Waste tire end-user facility means a site where waste tires are used as a fuel or fuel supplement or converted into a useable product. Baled or compressed tires used in structures, or used at recreational facilities, or used for flood or erosion control shall be considered an end use.

(126) Waste tire generator means a person who sells tires at retail or any other person, firm, corporation, or government entity that generates waste tires.

(127) Waste tire processing facility means a site where tires are reduced in volume by shredding, cutting, chipping or otherwise altered to facilitate recycling, resource recovery or disposal.

(128) Waste tire site means a site at which five hundred (500) or more waste tires are accumulated, but not including a site owned or operated by a waste tire end-user that burns waste tires for the generation of energy or converts waste tires to a useful product.

(129) Waters of the state mean all rivers, streams, lakes and other bodies of surface and subsurface water lying within or forming a part of the boundaries of the state which are not entirely confined and located completely upon lands owned, leased or otherwise controlled by a single person or by two (2) or more persons jointly or as tenants in common and includes waters of the United States lying within the state.

(130) Water table means the upper surface of a zone of saturation where the fluid pressure of the body of groundwater is equal to atmospheric pressure.

(131) Well means any hole drilled in the earth for or in connection with the discovery or recovery of water, minerals, oil, gas or for or in connection with the underground storage of gas in natural formations.

(132) Wetlands means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include, but are not limited to, swamps, marshes, bogs and similar areas.

(133) Working face means that portion of the solid waste disposal area where solid wastes are discharged and are spread and compacted prior to the placement of cover.

(134) Yard waste means leaves, grass clippings, yard and garden vegation and Christmas trees. This term does not include stumps, roots or shrubs with intact root balls.

rule filed Dec. 11, 1973, effective Dec. 21, 1973. Amended: Filed July 14, 1986, effective Jan. 1, 1987. Amended: Filed Jan. 5, 1987, effective June 1, 1987. Amended: Filed Jan. 29, 1988, effective Aug. 1, 1988.

Amended: Filed Aug. 15, 1988, effective Dec. 29, 1988. Emergency amendment Sept. 29, 1993, effective Oct. 9, 1993, expired Feb. 5, 1994. Amended: Filed May 3, 1993, effective Jan. 13, 1994. Amended: Filed March 17, 1992.** Emergency rescission of the 1992 amendment filed March 19, 1997, effective April 1, 1997, expired Sept. 27, 1997.

Amended: Filed Oct. 10, 1996, effective July 30, 1997. Rescission of the 1992 amendment filed April 3, 1997, effective Aug. 30, 1997.

Amended: Filed June 30, 2006, effective Feb. 28, 2007. *Original authority: 260.200, RSMo 1972, amended 1975, 1986, 1988, 1990, 1993, 1995, 2002, 2005 and 260.225, RSMo 1972, amended 1975, 1986, 1988, 1990, 1993, 1995.

CODE OF STATE REGULATIONS7

8CODE OF STATE REGULATIONS **The Missouri Supreme Court in Missouri Coalition for the Environment, et al., v.

Joint Committee on Administrative Rules, et al., Case No. 78628, dated February 25, 1997, ordered the secretary of state to publish this amendment. The Missouri Department of Natural Resources subsequently filed an emergency rescission of this amendment as well as a proposed rescission of this amendment which became effective August 30, 1997. See the above authority section for filing dates.

**History**
- *AUTHORITY: sections 260.200, RSMo Supp. 2005 and 260.225, RSMo 2000. Original*

##### **10 CSR 80-2.011** Definitions Emergency rule filed Sept. 29, 1993, effective Oct. 9, 1993, expired Feb 5, 1994. Emer gency rule filed Jan. 28, 1994, effective Feb. 7, 1994, expired June 6, 1994. {#sec-10-csr-80-2.011 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-2.011}

##### **10 CSR 80-2.015** Preliminary Site Investigation, Detailed Site Investigation Workplan, and Detailed Site Investigation and Characterization Report {#sec-10-csr-80-2.015 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-2.015}

PURPOSE: This rule describes the steps required to characterize the geologic and hydrologic conditions at a proposed solid waste disposal area prior to submittal of a construction permit applica tion in compliance with section 260.205, RSMo (Cum.

Supp. 1996).

(1) On and after January 1, 1996, no applicant may apply for, or obtain, a permit to construct a solid waste disposal area unless the person has obtained geologic and hydrologic site approval from the department.

Geologic and hydrologic approval indicates that the site has been found to be suitable for development of a solid waste disposal area, provided the required plans and engineering reports detailing the construction and operation of the site are prepared and approved by the department. In order to obtain geologic and hydrologic site approval from the department, the following procedures must be followed:

(A) The potential disposal area construction permit applicant must obtain preliminary site approval from the department. The applicant shall provide the department a map that delineates the approximate horizontal boundaries of the proposed solid waste disposal area and provide the approximate elevation of the base of the proposed solid waste disposal area. The applicant may provide the department any other information pertinent to the site that may assist in the preliminary site investigation. The Division of Geology and Land Survey (DGLS) Geologic Survey Program (GSP) will conduct a preliminary site investigation and approve or disapprove the site for further investigation within sixty (60) days of receipt of a request. Preliminary site approval is provisional, as required additional investigations may reveal conditions that may lead to site disapproval. Disapproval may be reviewed by the DGLS division director.

Preliminary site investigation requests shall be submitted to the GSP on the form included in Appendix 1 which is included herein.

After performing a preliminary site investigation, the GSP shall make one (1) of the following determinations:

1. The geologic and hydrologic conditions of the site are not suitable for the development of a solid waste disposal area.

A. Sites proposed for sanitary or demolition waste landfills known to have one (1) or more of the following geologic or hydrologic conditions within its boundaries are considered unsuitable for the development of a solid waste disposal area:

(I) Groundwater that must be pumped in order to keep the wastes within the proposed solid waste disposal area isolated above the water table;

(II) Permeable geologic media, including soil or bedrock with karst terrane features, faults, joints, fractures, or voids, that provide a pathway for the rapid migration of fluids from the site into the uppermost regional aquifer or the rapid migration of groundwater from the site to a surface water body outside of the site;

(III) Permeable geologic media, including soil or bedrock with karst terrane features, faults, joints, fractures, or voids, that provide a pathway for the migration of landfill-derived gases outside of the site;

(IV) A fault that has experienced movement during the Holocene epoch that is located within the boundaries of the proposed solid waste disposal area;

(V) Groundwater that cannot effectively be monitored on-site due to karst terrane conditions; or (VI) The presence of subsurface voids or conditions that present a significant potential for catastrophic collapse.

B. Sites proposed for utility waste landfills known to have one (1) or more of the following geologic or hydrologic conditions within its boundariesare considered unsuitable for the development of a solid waste disposal area:

(I) A fault that has experienced movement during the Holocene epoch that is located within the boundaries of the proposed solid waste disposal area;

(II) Groundwater that cannot effectively be monitored on-site due to karst terrane conditions; or (III) The presence of subsurface voids or conditions that present a significant potential for catastrophic collapse;

2. There is insufficient data to allow a proper determination to be made about site suitability at the preliminary site investigation phase. Such sites shall receive preliminary site investigation approval but data must be collected during the subsequent detailed site investigation that fully characterizes the geologic and hydrologic conditions of the site and demonstrates that the site is suitable for the development of a solid waste disposal area. GSP will assist the applicant in identifying geologic and hydrologic conditions that must be fully characterized during the detailed site investigation. If geologic or hydrologic conditions pursuant to 10 CSR 80- 2.015(1)(A)1. are identified during the detailed site investigation, the site shall be disapproved;

3. The geologic and hydrologic conditions of the site may be well suited for the development of a solid waste disposal area.

Such sites shall receive preliminary site investigation approval and may be subject to reduced requirements during the detailed site investigation. Sites that do not have any conditions pursuant to 10 CSR 80-2.015(1)(A)1. and are underlain by one (1) or more of the following geologic and hydrologic conditions below the proposed sub-base grade may be well suited for the development of a solid waste disposal area:

A. A combined minimum thickness of fifty feet (50') of low-permeability geologic material that inhibits the movement of fluids into the uppermost regional aquifer that is currently used or is reasonably likely to be used as a future domestic drinking water source. The low-permeability geologic material must:

(I) Be comprised of shale, mudstone or glacial deposits comprised primarily of clay or silt size particles; and (II) Lack karst terrane features, continuous sand or gravel layers, faults, fractures, cracks, voids, or other features that provide a pathway for the rapid migration of fluids or gases off the site;

B. Aquifers that are in geohydrologic connection with the proposed solid-waste disposal area that do not yield potable groundwater or are not capable of producing greater than three hundred sixty (360) gallons of water per day from a domestic water well;

(B) Prior to conducting further investigation of the proposed site, the potential disposal area construction permit applicant must retain a qualified groundwater scientist who CODE OF STATE REGULATIONS9 is a registered geologist per section 256.453, RSMo who shall request and attend a workplan development meeting with the GSP.

This meeting shall include, at a minimum, discussion of the geology and hydrology of the proposed site and specific elements to be included in the workplan, time frames for completion of work and a discussion of the regulatory process;

(C) The qualified groundwater scientist who is a registered geologist per section 256.453, RSMo shall then prepare and submit to the department a workplan for conducting a detailed surface and subsurface geologic and hydrologic investigation. The elements and format of the workplan are listed in Appendix 1 which is included herein.

The GSP will review and approve or disapprove the detailed site investigation workplan within thirty (30) days of receipt; and (D) After the workplan is approved, a qualified groundwater scientist shall investigate and characterize the geology and hydrology of the site in accordance with the approved workplan, applicable rules and department guidance. All geologic and hydrologic data collection and interpretation shall be under the direction of a geologist registered in the state of Missouri. The applicant or a representative shall notify the GSP when drilling, testing, or field investigations are to take place so that department personnel may be present on-site during the investigations.

1. The approved workplan will provide site-specific guidance for the applicant to complete the detailed site investigation. The workplan may be amended and changed with the approval of the GSP, as the investigation proceeds.

2. The qualified groundwater scientist shall interpret and summarize the geologic and hydrologic characteristics of the site in a detailed site investigation and characterization report which is to be submitted to the GSP. Guidance for conducting and reporting a detailed site investigation is included herein as Appendix 1 of this rule. The report shall be signed and sealed by a geologist registered in the state of Missouri. The report shall be submitted to the GSP for review.

(2) The GSP will review the report within sixty (60) days of receipt and approve or disapprove the site.

(A) Approval will indicate that:

1. The site has been found to have suitable geologic and hydrologic characteristics sound solid waste disposal area; or 2. That the detailed site investigation and characterization report adequately addresses geologic or hydrologic conditions that can be overcome by engineering pursuant to 10 CSR 80-3.010(5)(B)3., 10 CSR 80- 4.010(4)(B)8. and 10 CSR 80-11.010(5)(A)3. sound solid waste disposal area. Approval shall not be granted to a site that has a condition specified as unsuitable pursuant to 10 CSR 80-2.015(1)(A)1.

(B) The potential disposal area construction permit applicant who has received approval may then apply for a permit by submitting the required documents, plans, and engineering reports to the department.

(C) Disapproval will indicate one (1) or more of the following:

1. The site has been found to have unsuitable geologic and hydrologic conditions sound solid waste disposal area; or 2. The characterization of the site is not adequate to show that the site has suitable geologic and hydrologic conditions for the development of an environmentally sound solid waste disposal area; or 3. The characterization report is not adequate to show that the site has suitable geologic and hydrologic conditions for the devel opment of an environmentally sound solid waste disposal area.

(D) The GSP will specify the inadequacies of the site, characterization of the site, or site characterization report in the written disapproval of the site. Disapprovals may be reviewed by the DGLS division director.

10CODE OF STATE REGULATIONS

CODE OF STATE REGULATIONS11

12CODE OF STATE REGULATIONS

### **Chapter 3** Solid Waste Disposal Areas-Sanitary, Demolition, and Special Waste Landfills

##### **10 CSR 80-3.010** Design and Operation {#sec-10-csr-80-3.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-3.010}

PURPOSE: This rule pertains to the design and operation of solid waste disposal areas, specifically sanitary, demolition, and special waste landfills. This rule addresses the siting, groundwater monitoring, gas monitoring, liner, and cover design, seismic design, and the design and operation of leachate collection systems and methane recovery systems.

This rule incorporates American Society for Testing and Materials International standards, and the Environmental Protection Agency standards by reference and sets forth additional state standards.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive.

This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) General Provisions.

(A) This rule is intended to provide for sanitary, demolition, and special waste landfill operations that will have minimal impact on the environment. The rule sets forth requirements and the method of satisfactory compliance to ensure that the design, construction, and operation of these landfills will protect human health and meet applicable environmental standards. If techniques other than those listed are used, it is the obligation of the landfill owner/operator to demonstrate to the department in advance that the techniques to be employed will satisfy the requirements. Procedures for the techniques shall be submitted to the department in writing and approved by the department in writing prior to being employed. Notwithstanding any other provision of these rules, when it is found necessary, the department may require by permit amendment changes in design and/or operation to protect human health and the environment. The department may require changes in design, operation, or maintenance of any operating or closed landfill to meet the objectives of the subsections of this chapter.

(B) This rule applies to new sanitary, demolition, and special waste landfill construction and operating permits issued on or after the effective date of this rule and those facilities in operation on the effective date of this rule. Prior to January 1, 2020, all operating sanitary, demolition, and special waste landfills shall demonstrate compliance with

##### **10 CSR 80-3.010.** Construction and operation of landfills shall be conducted in accordance with the engineering plans and specifications approved by the department. {#sec-10-csr-80-3.010. omnilex-key=us-mo-regs-official--title-10--10 CSR 80-3.010.}

Approved permit documents shall be available on site per section (20). Notwithstanding any other provision of these rules, when it is found necessary, the department may require by permit amendment changes in design and/or operation to protect human health and (C) The standards set forth in ASTM, ASTM method D422-63(2007), 2007, ASTM Test D2487-11, and ASTM D6391-11 Standard Test Method, 2011, ASTM D-5084- 16, 2016, ASTM D1140-17 and ASTM method D4318-17, 2017, as published by ASTM International, West Conshohocken, PA 19428, are incorporated by reference. The standards set forth in the Methods Innovation

Rule, 2005, and Statistical Analysis of Groundwater Monitoring Data at RCRA Facilities, 2009 as published by the EPA, Washington, D. C. 20004 are incorporated by reference. The standards set forth in the Engineer Manual 1110-2-1906, as published by the Department of the Army Office of the Chief Engineers, Washington, D. C. 20314 are incorporated by reference. This rule does not incorporate any subsequent amendments or additions.

(2) Solid Wastes Accepted and Excluded.

(A) Acceptable Wastes. To determine whether a waste may be accepted for disposal, the landfill owner/operator shall consider the landfill design, material, and chemical properties of the landfill liner and environmental control systems, the quantity of the waste, the physical and chemical characteristics of the waste, the equipment and operational procedures to be utilized, the safety of the landfill employees and the general public using the landfill, and the protection of human health and the environment.

1. The landfill’s design and operating plans submitted to the department for approval shall specify the following:

A. The types of waste to be accepted for disposal;

B. The handling and disposal procedures for each type of waste; and C. The procedures to be used to review and approve special waste disposal requests at a sanitary landfill, determine when laboratory testing of special waste will be required, determine whether special handling of the waste may be required, and inspect the waste upon arrival at the landfill for disposal.

2. Disposal of special wastes which have been approved in a sanitary landfill’s construction permit shall be conducted in accordance with the approved design and operating plans along with any additional procedures determined by the department to be necessary to protect human health and the environment.

3. For each special waste accepted for disposal— A. The landfill owner/operator shall require the waste generator to complete a special waste disposal request form provided by the department;

B. The landfill owner/operator shall require the waste generator to provide all information necessary to describe the source and physical and chemical characteristics of the special waste, including laboratory test results on representative samples, prior to accepting the material for disposal. The information shall be attached to the request form;

C. The form shall be signed by the waste generator and the owner/operator of the landfill prior to acceptance and disposal of the waste; and D. The completed request form and supporting information shall be retained on site in the landfill’s operating record in accordance with section (20).

4. The owner/operator shall inspect each load of special waste upon its arrival at the landfill for disposal. The inspection shall be in a manner necessary to ensure that unacceptable and unapproved wastes do not enter the landfill.

5. To the extent practical, special waste shall be managed in a manner that minimizes the disruption of normal landfill operations.

6. The owner/operator shall ensure that each special waste is segregated from other waste with which it could be chemically incompatible.

7. If the landfill owner/operator anticipates accepting more than one (1) load of a specific type of special waste from the same source in a relatively short period of time, or the waste will be accepted from the same source on a routine, ongoing basis, only one (1) special waste disposal request form is required. However, if laboratory testing of the waste was initially required, the owner/operator must obtain yearly confirmation through testing or other documentation that the contaminant levels of concern have not increased or new contaminants of concern have not emerged. Should test results change a new special waste disposal request form shall be completed and kept on file.

8. Any special waste that requires handling procedures significantly different from typical municipal solid waste shall be handled in accordance with the landfill operating manual and any special procedures established by the landfill operator during the special waste approval process. The department reserves the right to require revisions to the landfill operating manual and landfill operations for special waste that may adversely affect the health and safety of landfill personnel or may be extremely difficult to handle.

9. Waste generated from the clean-up of a former manufactured gas plant (FMGP) site is considered to be a special waste. Prior to accepting FMGP waste for disposal, the landfill owner/operator shall have representative samples of the waste tested using the SW-846 test method 1311 toxicity characteristic leaching procedure (TCLP), Waste Management System: Testing and Monitoring Activities: Final Rule: Methods Innovation

Rule (MIR) 2005. The waste shall not be accepted for disposal unless the concentrations of the following contaminants are below the regulatory levels listed in 40 CFR 261.24(b), Table 1:

A. All metals listed in Table 1, with the exception of barium;

B. Cresol, o-cresol, m-cresol, and pcresol; and C. Benzene.

10. Bulky waste and other waste that is accepted at the landfill and has the potential to puncture the membrane liner shall be excluded from the first layer of waste placed above a composite liner.

11. Large quantities of containerized liquids shall be solidified prior to disposal at a sanitary landfill. Bulk containerized or noncontainerized liquid waste is banned from being placed in a sanitary landfill unless— A. The waste is household waste other than septic waste; or B. The waste is leachate or gas condensate generated within the permitted boundary and is placed in the on-site sanitary landfill designed with a composite liner and leachate collection system as described in this

rule, and the facility has departmental approval to recirculate leachate or gas condensate.

12. Radioactive material used in or resulting from medical processes or liquid radioactive material may be accepted if the material has a half-life of less than thirty (30) days.

13. Naturally Occurring Radioactive Material (NORM) may be accepted with prior written approval from the department.

14. Accelerator-produced radioisotopes with a half-life of less than thirty (30) days may be accepted.

15. Smoke detectors, electron tubes, luminous wristwatches and clocks, luminous lock illuminators, luminous automobile shift quadrants, luminous marine compasses, and luminous thermostat dials and pointers in quantities less than ten (10) items from any single source may be accepted.

16. For a demolition landfill, the owner/operator shall prominently display a sign at the entrance of the landfill that lists the wastes that are approved for acceptance, in accordance with this rule and the landfill’s approved operations plan.

(B) Excluded Wastes.

1. Any wastes not specifically listed in a proposed permit or a modification to an existing permit and approved by the department are excluded from disposal. The owner/operator shall describe in the operating plan of the sanitary, demolition, or special waste landfills the procedures for screening and removing excluded wastes, including, but not limited to:

A. At a minimum, random inspections of incoming waste loads unless the owner/operator takes other steps to ensure that incoming solid wastes do not contain wastes excluded from disposal at the landfill;

B. Records of any load inspections;

C. Procedures that will be implemented to train appropriate landfill personnel in the identification and proper handling of radioactive materials, regulated hazardous waste, infectious waste, asbestos containing material, and other waste prohibited from disposal.

2. The owner/operator shall screen and inspect loads of incoming waste per the approved operations plan and notify the department immediately upon receiving any of the following types of excluded waste at the landfill:

A. Regulated hazardous waste;

B. Radioactive materials;

C. Regulated quantities of polychlorinated-biphenyls (PCB);

D. Explosives;

E. Highly flammable or volatile substances;

F. Any regulated asbestos containing material (RACM) that has been improperly transported to the site, such as RACM delivered to the landfill in improper packaging or containers, without proper shipment records, or RACM that has otherwise been transported in violation of the 40 CFR 61, Subpart M, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Asbestos (2004); or G. Infectious waste.

3. For a sanitary landfill, the owner/operator shall prominently display a sign at the site entrance stating the following about excluded wastes: “Regulated hazardous waste, radioactive materials, polychlorinated biphenyls (PCBs), bulk liquids, highly flammable or volatile substances, septic tank pumpings, major appliances, waste oil, leadacid batteries, whole scrap tires, yard waste, explosives, and regulated infectious waste are excluded from disposal.”

(3) Site Selection.

(A) Prior to submitting an application for a construction permit for a new sanitary, demolition, or special waste landfill or a horizontal expansion of an existing landfill, the owner shall perform an evaluation of the proposed site and surrounding area, and a study of the geologic and hydrologic conditions at that site location. Applications for a landfill construction permit received on or after the effective date of this rule shall document compliance with all applicable siting restriction requirements contained in paragraphs (3)(B)1. through 7. of this rule for sanitary landfills and (3)(B)2. through 7. of this rule for demolition and special waste landfills.

(B) Location Restrictions.

1. Airport safety.

A. Owners/operators of sanitary landfills that are located within ten thousand feet (10,000') of any airport runway end used by turbojet aircraft or within five thousand feet (5,000') of any airport runway end used by only piston-type aircraft shall demonstrate to the department that the sanitary landfills are designed and operated so that the landfill does not create or pose a bird hazard to aircraft.

B. Owners/operators proposing to site new sanitary landfills and horizontal expansions of existing sanitary landfills within a five- (5-) mile radius of any airport runway end used by turbojet aircraft or piston-type aircraft shall notify the affected airport and the Federal Aviation Administration (FAA).

2. Wetlands.

A. Landfills shall not be located in wetlands, unless the owner/operator makes the following demonstrations to the department:

(I) The presumption that a practicable alternative to the proposed landfill is 4CODE OF STATE REGULATIONS available which does not involve wetlands is clearly rebutted;

(II) The construction and operation of the landfill will not:

(a) Cause or contribute to violations of any applicable state water quality standard;

(b) Violate any applicable toxic effluent standard or prohibition under section 307 of the federal Clean Water Act;

(c) Jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of a critical habitat, protected under the Endangered Species Act of 1973; and (d) Violate any requirement under the Marine Protection, Research, and Sanctuaries Act of 1972 for the protection of a marine sanctuary;

(III) The landfill will not cause or contribute to significant degradation of wetlands. The owner/operator shall demonstrate the integrity of the landfill and its ability to protect ecological resources by addressing the following factors:

(a) Erosion, stability, and migration potential of native wetland soils, muds and deposits used to support the landfill;

(b) Erosion, stability, and migration potential of dredged and fill materials used to support the landfill;

(c) The volume and chemical nature of the waste disposed of in the landfill;

(d) Impacts on fish, wildlife, and other aquatic resources and their habitat from potential release of solid waste from the landfill;

(e) The potential effects of contamination of the wetland and the resulting impacts on the environment; and (f) Any additional factors, as necessary, to demonstrate that ecological resources in the wetland are sufficiently protected;

(IV) Steps have been taken to attempt to achieve no net loss of wetlands (as defined by acreage and function) by first avoiding impacts to wetlands to the maximum extent practicable as required by subparagraph (3)(B)2.A. of this rule, then minimizing unavoidable impacts to the maximum extent practicable, and finally offsetting remaining unavoidable wetland impacts through all appropriate and practicable compensatory mitigation actions (for example, restoration of existing degraded wetlands or creation of man-made wetlands); and (V) The requirements of paragraph (3)(B)2. may be satisfied by the owner/operator obtaining a United States Army Corps of Engineers permit for construction in a wetland or by demonstrating that the wetland is not regulated by the United States Army Corps of Engineers, or other appropriate agency.

3. Floodplains. Owners/operators of landfills located within the one hundred- (100-) year floodplains shall demonstrate to the department that the landfill will not restrict the flow of the one hundred- (100-) year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human health or the environment.

4. Fault Areas. Landfills located in the seismic impact zone shall not be located within two hundred feet (200') of a fault that has had displacement in Holocene time unless that owner/operator demonstrates to the department that an alternative setback distance of less than two hundred feet (200') will prevent damage to the structural integrity of the landfill and will be protective of human 5. Seismic Impact Zones. Landfills shall not be located in seismic impact zones, unless the owner/operator demonstrates to the department that all containment structures, including liners, final covers, leachate collection systems, and surface water control systems, are designed to resist permanent cumulative earthquake displacements not to be greater than six inches (6"), resulting from the maximum credible Holocene time earthquake event’s acceleration versus time history.

6. Unstable Areas. Landfills located in an unstable area shall demonstrate to the department that the landfill’s design ensures that the integrity of the structural components of the landfill will not be disrupted. The owner/operator shall consider the following factors, at a minimum, when determining whether an area is unstable:

A. On-site or local rock or soil conditions that may result in failure or significant differential settling;

B. On-site or local geologic or geomorphologic features; and C. On-site or local human-made features or events (both surface and subsurface).

7. Placement Above the Uppermost Aquifer. Landfills permitted after the effective date of this rule, including horizontal expansions, must be constructed with a base (i.e., the subgrade prior to placing the compacted clay liner) that is located above the upper limit of the uppermost aquifer, or must demonstrate that there will not be an intermittent, recurring, or sustained hydraulic connection between any portion of the base of the landfill and the uppermost aquifer due to normal fluctuations in groundwater elevations (including the seasonal high water table).

(4) Design and Operations per the Permit Application. Plans, addendums, as-built drawings, or other documents which describe the design, construction, operation, or closure of a sanitary, demolition, or special waste landfill, or which request an operating permit modification for the landfill shall be prepared, sealed, and signed by a professional engineer and submitted to the department for review and approval. Procedures for testing, site evaluation and preparation, and construction of the landfill shall be included with the application and performed as described in the plans approved by the department. Plans, addendums, as-built drawings, or other documents which describe the design, construction, operation, or closure of a landfill, or which request an operating permit modification for the landfill shall be kept available for use and reference on-site.

(A) Plans accompanying the permit application for a sanitary, demolition, or special waste landfill that are submitted to the department shall include:

1. A map showing initial and proposed topographies at contour intervals of five feet (5') or less utilizing a scale of not less than one inch (1") equal to one hundred feet (100'). If the entire site cannot be illustrated on one (1) plan sheet, an additional map with appropriate horizontal and vertical scales that allows the site to be shown on one (1) standard plan sheet is required;

2. A map having a scale of not less than one inch (1") equals four hundred feet (400') identifying the land use and zoning within one-fourth (1/4) mile of the landfill including location of all known residences, buildings, wells, water courses, springs, lakes, rock outcroppings, caves, sinkholes, and soil or rock borings. All known electric, gas, water, sewer, and other utility easements or lines that are located on, under or over the landfill shall be shown on the map;

3. A description of the projected use of the closed landfill. In addition to maintenance programs and provisions, where necessary for monitoring and controlling decomposition gases and leachate, address the following ultimate use criteria:

A. Structures. Enclosed structures are not allowed on the waste footprint of a landfill. If major structures are to be built outside of waste within the permitted area of any landfill, the structure must be approved by the department. A professional engineer shall approve the design and construction of the structure, including provisions for protection against potential hazards of solid waste decomposition gases; and B. Other uses. Appropriate design, construction and operating provisions for the landfill shall be specified;

4. An evaluation of the characteristics and quantity of available soil on or off site with respect to its suitability for landfill construction and operation. The engineering properties and quantity estimates of the soil on site shall be discussed and include:

A. Texture. Sieve and hydrometer analyses shall be performed to determine grain size distribution of representative soil samples. Texture may be determined by using the procedures described in ASTM method D422-63(2007) ASTM International 100 Barr Harbor, West Conshohocken, PA 19428, Publication date 2007 or the procedures described in Appendix D of Engineer Manual 1110-2-1906, prepared by the United States Army Corps of Engineers;

B. Plasticity. The liquid limit, plastic limit and plasticity index of representative soil samples shall be determined. Plasticity may be determined by using the procedures described in ASTM method D4318-17 ASTM International, 100 Barr Harbor, West Conshohocken, PA 19428 Publication date 2017 or the procedures described in

Appendix III of Engineer Manual 1110-2- 1906, prepared by the United States Army Corps of Engineers;

C. Hydraulic conductivity. Perform laboratory hydraulic conductivity tests upon undisturbed representative soil samples using a flexible wall permeameter (ASTM D-5084- 16) ASTM International, 100 Barr Harbor, West Conshohocken, PA 19428 Publication date 2016. If an aquifer is found to be laterally continuous across the anticipated limit of the proposed landfill, the hydraulic conductivity of each significant continuous geologic unit must be determined. Examples of accepted field tests are slug or pump tests which isolate the geologic unit of interest; and D. Areal extent and depth. Determine the areal extent and depth of soil suitable for landfill construction, clearly describing any variations in soil depth.

5. Provisions for a minimum one hundred foot (100')-buffer zone between the outer edge of the landfill liner and any property line(s) or any right-of-way(s) of adjoining road(s) when the property line(s) is inside the right-of-way(s) to provide room for assessment and/or corrective actions;

6. An operating manual describing the various tasks performed during a typical shift, including routine and regular tasks (i.e., monitoring and inspections) performed throughout the life of the landfill;

7. A demonstration of how adverse geologic and hydrologic conditions may be altered or compensated for via surface water drainage diversion, underdrains, sumps, and other structural components, and detail all necessary site alterations in the plans;

8. Site-specific precipitation, evapotranspiration and climatological conditions; and 9. All computer models used in the landfill design, and list the limitations and assumptions of each model.

(B) Stability analyses shall be performed for all stages of landfill construction, all liner and leachate system components, and on all final cover system components, as well as an evaluation of the effect of waste settlement on the final cover system components, side slope liner system components, and surface water management system components. Results shall be submitted from all analyses and evaluations.

(C) Settlement and bearing capacity analysis shall be performed on the in-place foundation material beneath the disposal area, and the results submitted in the design plan.

(D) Analyze the effect of foundation material settlement on the liner and leachate collection system, and include the analytical results in the plan.

(E) Analyze leachate collection pipe material and drainage media to demonstrate that these components possess structural strength to support maximum loads imposed by overlying waste materials and equipment, and include the results in the plan.

(F) Sump and side slope riser designs must consist of at least SDR 17 piping and be not less than eighteen inches (18") in diameter.

(G) Submit typical phase development drawings with the plan.

(H) Submit proposed cross-section drawings with the application that show groundwater elevations in relation to liner and final landfill height.

(I) Liner System Requirement. All landfills applying for a construction permit after the effective date of this rule shall have a composite liner as follows:

1. A composite liner must consist of two (2) components; the upper component consisting of, at a minimum, a thirty (30) mil geomembrane liner (GM), and the lower component consisting of at least a two foot (2') layer of compacted soil with a hydraulic conductivity of no more than 1 × 10 -7 centimeters per second (cm/sec). GM components consisting of high density polyethylene (HDPE) must be at least sixty (60) mil thick.

The GM or upper liner component must be installed in direct and uniform contact with the compacted soil or lower liner component.

The compacted soil liner component at a minimum shall be— A. Constructed of six to eight inch (6–8") loose lifts of unfrozen soil;

B. Compacted to ranges of density and moisture such that are shown to provide for the liner to have a hydraulic conductivity no more than 1 × 10 -7 cm/sec.;

C. Protected from the adverse effects of desiccation or freeze/thaw cycles after construction, but prior to placement of waste;

D. Composed of soils that meet following minimum specifications:

(I) Be classified under the Unified Soil Classification Systems as CL, CH, or SC (ASTM Test D2487-11) ASTM International, 100 Barr Harbor, West Conshohocken, PA 19428 Publication date 2011;

(II) Allow more than thirty percent (30%) passing a number two hundred (200) sieve;

(III) Have a liquid limit equal to or greater than twenty (20) (ASTM Test D4318- 17) ASTM International, 100 Barr Harbor West Conshohocken, PA 19428, Publication date 2017; and (IV) Have a plasticity index equal to or greater than ten (10) (ASTM Test D4318-17) ASTM International, 100 Barr Harbor, West Conshohocken, PA 19428, Publication date 2017; and E. Installed so that the minimum bottom slope in any direction of flow is at least one percent (1%).

2. A test pad shall be constructed at the site and tested to verify that the proposed soils, construction equipment, and construction and quality control (QC) procedures are adequate to ensure that the soil component of the composite liner system will meet the requirements listed above.

A. Quality assurance (QA)/QC procedures and construction methods to be used during test pad construction shall be described in detail in the approved engineering report, and shall be identical to those proposed for liner construction with the following additions:

(I) At least two (2) laboratory hydraulic conductivity tests shall be performed on undisturbed samples of the completed test pad;

(II) At least five (5), with one (1) in-situ, hydraulic conductivity tests (ASTM D6391-11 Standard Test Method for Field Measurement of Hydraulic Conductivity Using Borehole Infiltration, ASTM International, 100 Barr Harbor West Conshohocken, PA 19428, Publication date 2011), shall be performed on the completed test pad; and 6CODE OF STATE REGULATIONS (III) At least two (2) test pits shall be excavated into the completed test pad to observe inter-lift bonding.

B. If test pad construction and testing shows that the proposed methods are not sufficient to meet the requirements of this rule, a new test pad shall be constructed using revised procedures approved by the depart- C. For phased construction, only one (1) test pad will be required for a particular soil source, soil type, and equipment type.

D. A final report shall be submitted to the department that describes in detail the construction and QC procedures which were used to achieve satisfactory test pad performance.

(I) The report must be approved by the department prior to beginning construction of the soil component of the composite liner system in the disposal area.

(II) The report shall serve as guidance for construction of the soil component of the composite liner system.

E. The requirement for a test pad may be waived provided the applicant can demonstrate to the department’s satisfaction the construction and QC procedures are identical to those described in the approved engineering report and will result in construction of a liner which meets the requirements of this

rule, and the soils proposed for liner construction meet the following minimum specifications:

(I) Have a plasticity index greater than fifteen (15) and less than thirty (30)

(ASTM test D4318-17 ASTM International, 100 Barr Harbor, West Conshohocken, PA 19428, Publication date 2017);

(II) Allow more than fifty percent (50%) passage through a number two hundred (200) sieve (ASTM D1140-17 ASTM International, 100 Barr Harbor, West Conshohocken, PA 19428, Publication date 2017); and (III) Allow less than ten percent (10%) by weight particle sizes greater than two millimeters (2 mm).

(J) Requests for using Alternative Composite Liners will be considered for approval on a site-by-site basis.

(K) The leachate collection and removal system at the landfill shall be designed, constructed, operated, and maintained to collect and remove leachate from the landfill as long as leachate is being generated.

1. The leachate collection and removal system shall be— A. Designed and operated to maintain less than a thirty (30) centimeter (1 foot) depth of leachate over the liner system;

B. Constructed of materials that are chemically resistant to the waste managed in the landfill and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying waste, waste cover materials, and equipment used at the landfill;

C. Designed and operated to minimize clogging during the active life and postclosure care period.

2. Leachate flow quantities shall be estimated and the method(s) of leachate management outlined in the application submittal.

3. Leachate storage facilities shall comply with all currently applicable requirements of the Missouri Clean Water Law and corresponding rules.

4. Minimum design criteria for leachate collection systems shall include the following:

A. Ponds and/or tanks of sufficient capacity to store, equalize flow to disposal systems, and allow system/operating flexibility;

B. Collection systems designed and operated so that any leachate formed will flow by gravity into collection areas from which the leachate can be removed, treated if necessary, and disposed;

C. That proposed leachate management by application on the working face or by recirculation within the permitted fill area shall be conducted in accordance with an approved engineering method and designed, constructed, and operated to minimize offsite impacts; and D. Any leachate collection system open to precipitation must be designed to prevent discharge during a twenty-four (24) hour, twenty-five (25) year storm event.

Plans shall include the calculations detailing the design. At a minimum, sites using leachate pond(s) shall maintain an operational freeboard of no less than two feet (2') during normal operation, with a minimum freeboard of no less than one foot (1') after a twentyfour (24) hour, twenty-five (25) year storm event.

5. Design plans shall include a description of leachate management activities by the landfill owner/operator under normal operating conditions. The plans shall also describe actions the landfill owner/operator shall take when the emergency level of less than two feet (2') of freeboard occurs in any pond, including at a minimum, how leachate will be removed from the pond and transported to a treatment or disposal facility, if necessary, a description of any testing requirements necessary prior to disposal, and a schedule by which time the leachate levels will be returned to the normal operating range, with at least two feet (2') of freeboard; the plans shall also include a contingency plan for leachate management in the event the on-site system becomes inoperable and leachate must be taken off-site for proper disposal.

(5) Quality Assurance/Quality Control (QA/QC).

(A) The construction, operation, corrective action, and closure of the sanitary, demolition, or special waste landfill shall include QA/QC measures to ensure compliance with approved plans and all applicable federal, state, and local requirements. The permittee shall be responsible for ensuring that the QA/QC supervision is conducted by a qualified professional.

(B) QA/QC plans shall include a detailed description of the QA/QC testing procedures that will be used for every major phase of construction. This description must include, at a minimum, the frequency of inspections, field testing, laboratory testing, equipment to be utilized, the limits for test failure, a description of the procedures to be used upon test failure, and a detailed procedure for the reporting and recording of QA/QC activities and testing results.

1. The QA/QC plan shall include the following components:

A. Leachate collection system.

Reports prepared or approved by the professional engineer transmitting the results of the QA/QC procedures and stating that the leachate collection system was constructed according to the approved design or describing any deviations from the approved design;

B. Liner. The liner specified by section (4) of this rule shall be constructed in accordance with the approved design specifications. The QA/QC procedures shall (I) Evidence that the liner material(s) utilized meet(s) the minimum design specifications;

(II) Evidence that field construction techniques meet the minimum design specifications (for example, soil density test);

(III) Evidence that the liner construction is proceeding as designed through routine verification observations using a predetermined system of horizontal and vertical survey controls; and (IV) Oversight of the liner construction and QA/QC procedures by a qualified professional, including submission of reports to transmit the results of the QA/QC procedures. Additionally, the report shall state that the liner was constructed according to design and describe any deviations from the approved design.

(C) At a minimum, QA/QC testing shall 1. Testing of each lift of the soil component of the final cover and landfill liner for field density and field moisture once per every ten thousand (10,000) square feet and providing relatively uniform coverage over the landfill surface;

2. Laboratory testing for Atterberg Limits (ASTM D-4318) and hydraulic conductivity of the soil used for liner construction once for every five thousand (5,000) cubic yards excavated;

3. Routine visual classification of borrow soil during landfill construction with oversight by an approving professional engineer;

4. Measuring the elevations of the final cover and the landfill liner on a maximum spacing of one hundred-foot (100') centers and at one hundred-foot (100') intervals along each line where a break in slope occurs;

A. Landfill liner. Measuring the elevations of the top and bottom of both the landfill liner and leachate collection systems;

B. Final cover. Measuring the elevations of the top and bottom of the landfill cover— (I) The compacted clay layer; and (II) The soil layer supporting vegetative growth;

5. For a geomembrane:

A. Nondestructive testing of all seams of the geomembrane in the landfill liner and final cover; and B. Random destructive testing of the seams with results consistent with Geosynthetic Institute (GM 19a or GM 19b) 2017 of the geomembrane liner in the landfill liner and final cover on an average frequency of at least one (1) every five hundred (500) linear feet of seam.

(D) All testing shall be performed with oversight by an approving professional engineer for every major phase of construction.

(E) All QA/QC reports shall be reviewed, approved, and submitted by a professional engineer.

(6) Survey Control. Benchmarks, horizontal controls, and boundary markers at the landfill shall be established by a land surveyor registered in the state of Missouri to check and mark the location and elevations of the landfill ensuring compliance with design plans, phasing plans, and applicable conditions within the approved construction permit.

(A) At a minimum, a survey of the entire permitted acreage shall be conducted in accordance with the current Minimum Standards for Property Boundary Surveys 2 CSR 90 and include the establishment of a permanent monument used as a benchmark.

(B) All site survey information shall be reported in State Plane Coordinate System and North America Vertical Datum 1988.

(7) Water Quality.

(A) All permits and approvals necessary to comply with requirements of the Missouri Clean Water Law and corresponding rules shall be obtained from the department prior to commencement of operations at any landfill.

(B) The owner/operator of an existing or new landfill or any horizontal expansion shall design, construct, operate, and maintain— 1. On-site drainage, collection and control structures and channels for all stages of development to accommodate, at a minimum, the stormwater volume from a twenty-four (24)-hour, twenty-five (25)-year storm. The engineering calculations and assumptions shall be included and explained in the engineering report submitted to the department with the permit application; and 2. Surface water runoff diversion and control structures to minimize infiltration, erosion, ponding, run-on at the working face, and off-site transport of water and sediment (i.e. through ditches, berms, grading, etc.);

(C) The quantity of water coming in contact with solid waste shall be minimized by the daily operational practices.

1. Water which comes in temporary contact with the waste shall be managed in accordance with the approved stormwater management plans.

2. Water that passes through or emerges from waste and contains soluble, suspended, or miscible materials removed from such waste shall be managed in accordance with the approved leachate management plan.

(8) Leachate Management.

(A) Leachate collection media designated for use in the system must be of a material and placed in a manner that will not damage the liner (i.e. no sharp rocks and wires from tire chips).

(B) Leachate dispersion on the working face for purposes of waste compaction and densification is allowed in accordance with operational plans approved by the depart- (C) Leachate generated by the landfill shall be controlled on site, collected in a manner to protect the integrity of any containment system, and not be allowed to— 1. Enter the stormwater infrastructure, including ponds, where it will mix with stormwater;

2. Overtop its containment basin;

3. Discharge off of the landfill property;

4. Discharge into the waters of the state, except as allowed in the approved plans and through a permit under the Missouri Clean Water Law and corresponding rules; and 5. Blow or drift off the lined areas of the facility from spray dispersal, or mist evaporative methods employed for leachate manage- (9) Groundwater Monitoring.

(A) The owner/operator of a sanitary, demolition, or special waste landfill shall implement a groundwater monitoring program capable of determining the landfill’s impact on the quality of groundwater underlying the landfill.

1. Landfills permitted on or after the effective date of this rule must be in compliance with all of the groundwater monitoring requirements of this section before an operating permit is issued.

2. The department may require landfills permitted prior to the effective date of this

rule to comply with part or all of this section, if it is determined necessary by the department to protect human health or the environ- 3. The owner/operator of a landfill shall establish the potential for migration of fluid generated by the landfill into the groundwater by an evaluation of— A. A water balance of precipitation, evapotranspiration, runoff, and infiltration;

B. At a minimum, the following characteristics:

(I) Geologic materials;

(II) Description of soil and bedrock to a depth adequate to allow evaluation of water quality protection provided by the soil and bedrock;

(III) Groundwater elevation;

(IV) Proposed separation between the lowest point of the lowest cell and the maximum water table elevation;

(V) Proximity of the landfill to water supply wells or surface water;

(VI) Rate and direction of groundwater flow; and (VII) Current and projected use of water resources in the potential zone of influence of the landfill.

4. Groundwater monitoring wells shall be installed so that the number, spacing, and depths of the wells shall be determined based upon site-specific technical information that shall include a thorough characterization of— A. Aquifer thickness, groundwater flow rate, groundwater flow direction including seasonal and temporal fluctuations in groundwater flow; and 8CODE OF STATE REGULATIONS B. Saturated and unsaturated geologic units and fill materials overlying the uppermost aquifer, materials comprising the uppermost aquifer, and materials comprising the confining unit defining the lower boundary of the uppermost aquifer, including, but not limited to, thicknesses, stratigraphy, lithology, hydraulic conductivities, and porosities. If the lower confining unit is one hundred feet (100') or more below the top of the uppermost aquifer, borings verifying the lower confining layer will not be required. The upper fifty feet (50') of uppermost aquifer will be characterized.

5. Groundwater monitoring wells shall be capable of yielding groundwater samples for analysis, effectively monitoring the site, and consisting of at least one (1) well installed hydraulically up gradient; that is, in the direction of increasing static head from the landfill and at least three (3) wells installed hydraulically downgradient; that is, in the direction of decreasing hydraulic head from the landfill. The numbers, locations, and depths shall be sufficient to yield groundwater samples that are— A. Representative of background water quality in the groundwater near the landfill;

B. Capable of detecting any significant amounts of fluids generated by the landfill that migrate from the landfill to the groundwater; and C. Monitoring wells, or clusters of monitoring wells, shall be capable at a minimum, of monitoring all saturated zones down to and including the uppermost aquifer. The maximum distance a monitoring well may be located from the waste boundary is one hundred fifty meters (150 m) or four hundred ninety-two feet (492').

6. The design and installation of groundwater monitoring well systems shall be observed, supervised, and certified by a qualified groundwater scientist and approved by the department.

(B) Sampling and Reporting.

1. Each landfill’s groundwater monitoring program must include consistent sampling and analysis procedures that are designed to ensure monitoring results provide an accurate representation of groundwater quality at monitoring wells installed in compliance with this section. The owner/operator shall submit the sampling and analysis program to the department for approval. The program shall include procedures and techniques for— A. Monitoring well maintenance;

B. Monitoring well redevelopment;

C. Monitoring well depth measurement and hydraulic levels;

D. Monitoring well purging and sampling utilizing dedicated equipment;

E. Equipment calibration;

F. Decontamination and field blanks;

G. Sample and duplicate sample collection;

H. Sample preservation;

I. Sample labeling;

J. Sample handling;

K. Field measurements;

L. Field documentation;

M. Chain of custody control;

N. Sample shipment;

O. Analytical procedures;

P. QA/QC control—field and laboratory; and Q. Statistical testing strategy for each parameter’s concentrations.

2. Each groundwater monitoring program shall include sampling and analytical methods that are appropriate for groundwater sampling and that accurately measure monitoring constituents in groundwater samples, as required by the Detection Monitoring List in Appendix I or an alternative detection monitoring list approved by the department, that includes the anticipated parameters of concern for the specific facility. Analysis shall be performed on unfiltered samples.

3. The owner/operator shall determine the rate and direction of groundwater flow each time groundwater is sampled.

Groundwater elevations in wells which monitor the same solid waste disposal area shall be measured within a period of time short enough to avoid temporal variations in groundwater flow which could preclude accurate determination of groundwater flow direction.

(C) Baseline/Background Monitoring.

1. The owner/operator of a new sanitary or demolition landfill shall establish background groundwater quality for each of the monitoring constituents required in Appendix I for sanitary landfills and Appendix III for demolition landfills.

2. To establish background, a minimum of eight (8) quarterly samples of statistically independent sample data shall be obtained and analyzed from all monitoring wells.

Additional background samples may be required based upon the statistical methodology used.

3. Landfills may begin accepting waste upon completion of a minimum of four (4) independent baseline/background sampling events of constituents in Appendix I for sanitary landfills and Appendix III for demolition landfills.

4. Background concentrations also shall be established for monitoring constituents listed in Appendix II for sanitary landfills and

Appendix IV for demolition landfills, and two (2) sets of samples shall be obtained prior to accepting waste. If constituents in

Appendix II for sanitary landfills and

Appendix IV for demolition landfills are not detected after two (2) background events, the background concentrations may be established as the detection limit for those organic constituents.

(D) Detection Monitoring.

1. The owner/operator of a sanitary or demolition landfill shall obtain and analyze water samples from the groundwater monitoring wells during the months of March through May and September through November of each calendar year unless an alternative schedule is approved by the department. Sampling events must be six (6) months apart or an alternative schedule approved by the department.

2. The following constituents shall be analyzed each time a sample is obtained:

A. For a sanitary landfill, all constituents listed in Appendix I of this rule.

B. For a demolition landfill, all constituents listed in Appendix III of this rule.

C. The water level in each well shall be measured at the sanitary or demolition landfill at the time the sample is taken.

3. The sample results, and any results of statistical analysis determining statistically significant increases for any constituent shall be submitted to the department in one (1) report within ninety (90) days of when samples are collected. All groundwater data shall be submitted electronically, in the format and method as prescribed by the department.

4. In the case of all detection monitoring requirements previously listed, the department may specify an appropriate alternative frequency for repeated sampling and analysis during the active life of the landfill (including closure) and the post-closure period. The department may add additional constituents or delete constituents on a site-by-site basis through an evaluation of waste and leachate characteristics of the landfill.

(E) Statistical Method. The owner/operator of a sanitary, demolition, or special waste landfill shall specify statistical methods to be used in evaluating groundwater monitoring data for each monitoring constituent. These methods shall be in compliance with the EPA Unified Guidance, Statistical Analysis of Groundwater Monitoring Data at RCRA Facilities-March 2009.

(F) Response to Detection Monitoring Statistical Analysis.

1. If the statistical comparison shows a statistically significant increase (or pH change) over background, and attributes it to the landfill, the owner/operator of the sanitary, demolition, or special waste landfill shall submit this information to the department and conduct confirmation sampling during the next semiannual monitoring event.

2. If the results of the statistical analysis reveal a statistically significant increase (or pH change) over background, the owner/operator must demonstrate to the department within ninety (90) days that a source other than the landfill caused the contamination or that the statistically significant increase resulted from an error in sampling, analysis, statistical evaluation, or natural variation. If the statistical methodology used by the owner/operator requires a confirmation sample or second confirmation sample, then the next required sampling event can be used as the confirmation sampling event.

(G) Assessment Monitoring.

1. If the owner/operator cannot make this demonstration to the department, the owner/operator shall submit a groundwater assessment monitoring plan and implement the plan upon approval by the department.

The assessment monitoring plan shall specify the following:

A. The number, location, and depth of wells;

B. Sampling and analytical methods for the monitoring constituents listed in

Appendix II or IV of this rule, as applicable;

C. Evaluation procedures, including any use of previously gathered groundwater quality information;

D. The rate and extent of migration of a contaminant plume in the groundwater; and E. The concentrations of the contaminant plume in the groundwater.

2. After obtaining the results from the initial or subsequent sampling events, the owner/operator shall— A. Within fourteen (14) days, advise the department which constituents have been detected;

B. Within ninety (90) days, and on a semi-annual basis after that, resample all wells and conduct analysis for all constituents listed in Appendix I and Appendix II that were detected during the initial or subsequent sampling events of assessment monitoring for the sanitary landfill, and Appendix III and IV that were detected during the initial or subsequent sampling events of assessment monitoring for the demolition landfill. Samples shall be analyzed for the complete list of Appendix II or Appendix IV constituents at least once every five (5) years for all wells in assessment monitoring. A minimum of one (1) sample from each well sampled shall be collected and analyzed during these sampling events;

C. Establish background concentrations for any new constituents detected during subsequent monitoring events;

D. Establish groundwater protection standards for all new constituents detected during subsequent monitoring events. For the purposes of this subparagraph, the site-specific groundwater protection standards shall be the maximum contaminant level (MCL) established under the National Primary Drinking Water Regulations sections 141.62 (June 29, 2004) and sections 141.66 (December 7, 2000), provided that if no MCL has been established or the site-specific background value is higher than the MCL, then the groundwater protection standards shall be the site-specific background value;

E. If the concentrations of all constituents listed in Appendix II or IV of this

rule are shown to be at or below background levels as established in this rule for two (2) consecutive sampling periods, the owner/operator may reinstate detection monitoring;

F. If the concentrations of any constituents listed in Appendix II or IV of this

rule are above background values, but all concentrations are below the groundwater protection standard established under this

rule using the statistical procedures approved by the department for the landfill, the owner/operator shall notify the department and the department may require the owner/operator to— (I) Continue assessment monitoring; or (II) Develop a corrective action plan, or both;

G. If one (1) or more constituents listed in Appendix I, II, III, or IV of this rule are detected at levels above the groundwater protection standard, the owner/operator shall— (I) Provide the department with a report assessing potential corrective actions as outlined in section (10);

(II) Characterize the nature and extent of the release by installing additional monitoring wells as necessary to determine the rate and extent of groundwater contamination, and notify all persons who own the land or reside on the land that directly overlies any part of the plume of contamination if contaminants have migrated off-site as indicated by sampling of wells; and (III) Continue assessment monitoring as per the groundwater quality assessment plan and implement the approved corrective action program specified in this rule; and H. The results of implementation of the assessment monitoring program shall be submitted to the department at the end of each year or an alternate time period approved by the department.

(10) Corrective Action. Owners and operators of a sanitary, demolition, or special waste landfill that shows one (1) or more conthis rule being detected at levels above the groundwater protection standard as established, and determined to be a result of a release of leachate or landfill gas from the facility, shall in consultation with the department either proceed with corrective actions or submit a corrective action plan as outlined in subsections (10)(A) through (C).

(A) Assessment of Corrective Action(s).

1. Within ninety (90) days of finding that any of the constituents listed in Appendix II or IV of this rule have been detected at a statistically significant level exceeding the groundwater protection standards, the owner/operator shall initiate an investigation and assessment of potential corrective actions. This assessment shall be completed within a reasonable period of time, and a report describing the assessment of corrective actions shall be submitted to the department.

2. The owner/operator shall continue to monitor in accordance with the assessment monitoring program as specified in this rule.

3. The assessment shall include an analysis of the effectiveness of potential corrective actions in meeting all of the requirements and objectives of the remedy as described in this rule, addressing at least the following:

A. The performance, reliability, ease of implementation, and potential impacts of appropriate potential corrective action(s), including safety impacts, cross-media impacts, and control of exposure to any residual contamination;

B. The time required to begin and complete the action(s);

C. The costs of implementation; and D. The institutional requirements such as state or local permit requirements or other environmental or human health requirements that may substantially affect implementation of the corrective action(s).

4. The owner/operator shall discuss the results of the corrective action(s) assessment, prior to the selection of a remedy, in a public meeting with interested and affected parties.

(B) Selection of Corrective Action(s).

1. Based on the results of the potential corrective action(s) assessment, the owner/operator shall propose a corrective action(s) plan. The owner/operator shall submit to the department, within fourteen (14) days of selecting a proposed corrective action(s) plan, a report describing the proposed corrective action(s) and how the proposed plan meets the standards of this rule.

2. Corrective action(s) shall— 10CODE OF STATE REGULATIONS A. Be protective of human health and the environment;

B. Attain the groundwater protection standard; and C. Control the source(s) of releases so as to reduce or eliminate, to the maximum extent practicable, further releases of conthis rule into the environment that may pose a threat to human health or the environment.

3. In proposing a corrective action, the owner/operator shall include the following evaluation factors:

A. The long- and short-term effectiveness and protectiveness of the potential action(s), along with the degree of certainty that the remedy will prove successful based on consideration of the following:

(I) Magnitude of reduction of existing risks;

(II) Magnitude of residual risks in terms of likelihood of further releases due to waste remaining following implementation of the proposed remedy;

(III) The type and degree of longterm management, including monitoring, operation, and maintenance;

(IV) Short-term risks that might be posed to the community, workers, or the environment during implementation of the corrective action(s), including potential threats to human health and the environment associated with excavation, transportation and redisposal, or containment;

(V) Time until full protection is achieved;

(VI) Potential for exposure of humans and environmental receptors to remaining waste, considering the potential threat to human health, and the environment associated with excavation, transportation, redisposal, or containment;

(VII) Long-term reliability of the engineering and institutional controls; and (VIII) Potential need for replacement of the corrective action(s);

B. The effectiveness of the corrective action(s) in controlling the source to reduce further releases based on consideration of the following factors:

(I) The extent to which containment practices will reduce further releases;

(II) The extent to which treatment technologies may be used;

C. The ease or difficulty of implementing the potential corrective action(s) based on consideration of the following types of factors:

(I) Degree of difficulty associated with constructing the corrective action(s) technology;

(II) Expected operational reliability of the proposed technologies;

(III) Need to coordinate with and obtain necessary approvals and permits from other agencies;

(IV) Availability of necessary equipment and specialists; and (V) Available capacity and location of needed treatment, storage, and disposal services; and D. The degree to which community concerns are addressed by the proposed corrective action(s).

4. The owner/operator shall specify as

part of the proposed corrective action(s) a schedule(s) for initiating and completing corrective action(s). This schedule shall require the initiation of corrective action(s) within a reasonable period of time. The owner/operator shall include the following factors in selecting corrective action(s):

A. Extent and nature of contamina- B. Practical capabilities of remedial technologies in achieving compliance with groundwater protection standards pursuant to this rule and other objectives of the remedy;

C. Availability of treatment or disposal capacity for wastes managed during implementation of the corrective action(s);

D. Desirability of utilizing technologies that are not currently available, but which may offer significant advantages over already available technologies in terms of effectiveness, reliability, safety, or ability to achieve remedial objectives;

E. Potential risks to human health and the environment from exposure to contamination prior to completion of the corrective action(s);

F. Resource value of any affected aquifer including:

(I) Current and future uses;

(II) Proximity and withdrawal rate of users;

(III) Groundwater quantity and quality;

(IV) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to the waste constituent;

(V) The hydrogeologic characteristic(s) of the facility and surrounding land;

(VI) Groundwater removal and treatment costs; and (VII) The cost and availability of alternative water supplies;

G. Practicable capability of the owner/operator; and H. Other relevant factors.

5. The department may determine that remediation of a release of any constituent listed in Appendix I, II, III, or IV of this rule from a landfill is not necessary if the owner/operator demonstrates to the satisfaction of the department that— A. The groundwater is additionally contaminated by substances that have originated from a source other than the landfill and those substances are present in concentrations such that cleanup of the release from the landfill unit would provide no significant reduction in risk to actual or potential receptors;

B. The constituent(s) is present in groundwater that— (I) Is not a current or potential source of drinking water; and (II) Is not hydraulically connected with waters to which the hazardous constituents are migrating or are likely to migrate in a concentration(s) that represents a statistically significant increase over background concentrations;

C. Remediation of the release(s) is technically impracticable; or D. Remediation would result in unacceptable cross-media impacts.

6. A determination by the department pursuant to paragraph (10)(B)5. of this rule shall not affect the authority of the state to require the owner/operator to undertake source control measures or other measures that may be necessary to eliminate or minimize further releases to the groundwater, to prevent exposure to the groundwater, or to remediate the groundwater to concentrations that are technically practicable and which significantly reduce threats to human health or (C) Implementation of the Corrective Action(s) Program.

1. Based on the schedule established for initiation and completion of corrective action(s), the owner/operator shall— A. Establish and implement a corrective action(s) groundwater monitoring program that— (I) At a minimum, meets the requirements of an assessment monitoring program of this rule;

(II) Indicates the effectiveness of the corrective action(s); and (III) Demonstrates compliance with the groundwater protection standard.

B. Implement the corrective action(s) selected; and C. Take any interim corrective action(s) necessary, any action(s) determined to be necessary by the department, or both, to ensure the protection of human health and the environment. Interim corrective action(s) shall, to the greatest extent practicable, be consistent with the objectives of and con tribute to 12CODE OF STATE REGULATIONS the performance of any action(s) selected.

The following factors shall be considered by an owner/operator, and will be considered by the department, in determining whether interim action(s) is necessary:

(I) Time to develop and implement a final remedy;

(II) Actual or potential exposure of nearby populations or environmental receptors to hazardous constituents;

(III) Actual or potential contamination of drinking water supplies or sensitive ecosystems;

(IV) Further degradation of the groundwater that may occur if a corrective action(s) is not initiated expeditiously;

(V) Weather conditions that may cause hazardous constituents to migrate or be released;

(VI) Risks of fire, explosion, or potential for exposure to hazardous constituents as a result of an accident or failure of a container or handling system; and (VII) Other situations that may pose threats to human health and the environment.

2. The department may determine, based on information developed after implementation of the corrective action(s) has begun, or other information, that compliance is not being achieved through the action(s) selected. In those cases, the owner/operator shall implement other methods or techniques that will achieve compliance with the requirements, unless the department makes the determination under paragraph (10)(C)3. of this rule.

3. If the department determines that compliance cannot be practically achieved with any currently available methods, the owner/operator shall— A. Obtain the certification of a qualified groundwater scientist and approval from the department that compliance cannot be practically achieved with any currently available methods;

B. Implement alternative corrective action(s) to control exposure of humans or the environment to residual contamination, as necessary, to protect human health and the environment;

C. Implement alternative corrective action(s) for control of the sources of contamination, or for removal or decontamination of equipment, units, devices, or structures that are— (I) Technically practicable; and (II) Consistent with the overall objective of the corrective action(s); and D. Submit a report to the department justifying the alternative corrective action(s).

The alternative action(s) must be approved by the department prior to implementation.

4. All solid wastes that are managed pursuant to a corrective action(s) plan or an interim corrective action(s) plan shall be managed in a manner— A. That is protective of the human health and the environment; and B. That complies with all applicable state and federal requirements.

5. Remedies selected pursuant to this

rule shall be considered complete when— A. The owner/operator complies with the groundwater protection standards established under this rule at all points within the plume of contamination;

B. Compliance with the groundwater protection standards has been achieved by demonstrating that concentrations of all conthis rule have not exceeded the groundwater protection standard(s) for a period of three (3) consecutive years using the approved statistical procedures and performance standards. The department may specify an alternative length of time during which the owner/operator shall demonstrate that concentrations of all constituents listed in

Appendix I, II, III, or IV of this rule have not exceeded the groundwater protection standard(s) taking into consideration— (I) Extent and concentration of the release(s);

(II) Behavioral characteristics of the hazardous constituents in the groundwater;

(III) Accuracy of monitoring or modeling techniques, including any seasonal meteorological, or other environmental variabilities that may affect the accuracy; and (IV) Characteristics of the groundwater; and C. All actions required to complete the corrective action(s) plan have been completed.

6. Upon completion of the corrective action(s), the owner/operator shall submit a certification to the department within fourteen (14) days after the corrective action(s) has been completed and shall place a copy of the certification in the facility’s operating record. The certification shall be signed by the owner/operator and by a qualified groundwater scientist and approved by the department.

7. When, upon completion of the certification, the owner/operator and the department determine that the corrective action(s) has been completed, the owner/operator shall be released from the requirements for financial assurance for corrective action under 10 CSR 80-2.030(4)(C).

(11) Air Quality.

(A) The design, construction, and operation of the sanitary, demolition, or special waste landfill shall minimize impacts or hazards to human health or the environment and shall comply with applicable ambient air quality and source control regulations.

(B) Design and operational plans shall include a description of efforts to be taken to prevent off-site emissions, including an effective dust and odor control program.

(C) Operation and maintenance of the landfill gas collection and control system shall be in accordance with the Missouri Solid Waste Management Law and Missouri Clean Air Law.

(D) The landfill owner/operator shall take steps to prevent excessive odors or dust or any leachate spray from application to the working face, from leaving the landfill property.

(E) Burning at the landfill shall be conducted in accordance with Chapter 643, RSMo, the corresponding rules, the terms and conditions, or both, of the plans, permits, or both, and all local requirements. Burning within the permitted boundary of a sanitary or demolition landfill shall be limited to tree trunks, tree limbs, and vegetation resulting from land clearing related to landfill operation/development. Burning of all other solid waste is prohibited on the landfill property.

(12) Landfill Gas Monitoring.

(A) The sanitary or demolition landfill owner/operator shall implement a landfill gas monitoring program as outlined in subsection (12)(C) prior to receiving an operating permit. Requirements for implementing a landfill gas monitoring plan at special waste landfills will be determined by the department on a case-by-case basis.

(B) The department may apply some or all of the requirements of this section to the design and maintenance of any landfill that has ceased accepting waste if the department determines there is evidence of an existing or potential safety concern or an existing or potential environmental impact, either of which that can be attributed to the adverse effects of landfill gas migrating from the landfill.

(C) Owners/operators of sanitary or demolition landfills receiving waste on or after the effective date of this rule shall develop a landfill gas monitoring plan prepared by an independent professional engineer capable of detecting landfill gases in the most likely zone(s) of migration to ensure concentrations of methane gas do not exceed limits set out in this rule. The plan shall describe the monitoring systems, equipment, and procedures that will be utilized to detect methane that is generated in the landfill and may accumulate in structures or migrate through the subsurface beyond the landfill property boundary.

1. The landfill gas monitoring plan shall include the following:

A. Provisions for monitoring the subsurface for migration of methane utilizing a network of landfill gas compliance monitoring wells installed within the permitted boundary.

(I) Gas monitoring well and well network – design and construction.

(a) Wells shall be designed and installed to monitor all unsaturated zones down to an elevation equal to the bottom elevation of waste at the lowest point in the landfill and include all site-specific information used as a basis for the design, construction, installation, and monitoring of the wells.

(b) The maximum spacing between landfill gas compliance monitoring wells shall be five hundred feet (500’) at any two (2) adjacent well locations, unless the department approves documentation provided in the landfill gas monitoring plan that a hydrologic or topographic barrier to methane migration exists in a specific area of the site.

(c) The owner/operator shall assess the need for a closer well spacing to provide monitoring for:

I. Enclosed structures located within one thousand feet (1,000') of the permitted boundary;

II. Underground utility lines, trenches, vaults, manholes, and any other potential confined spaces that are located within the permitted boundary or within one thousand feet (1,000') of the permitted boundary, and may require entry by a worker or property owner, or that could act as a conduit for landfill gas flow;

III. Any known natural subsurface gas migration pathways, based on documentation of the geologic, hydrologic, and topographic conditions of the site and the surrounding property located within one thousand feet (1,000') of the permitted boundary;

IV. Any known manmade subsurface gas migration pathways, based on knowledge of the site and the surrounding property; and V. Any area of the site that was subject to historical methane migration assessments or investigation.

(d) The department may waive the requirement to install landfill gas compliance monitoring wells within a specific defined area provided the landfill owner/operator demonstrates to the department that a hydrologic or topographic barrier exists between the landfill waste footprint and the permitted boundary within the defined area. The demonstration(s) shall be submitted to the department with, or as an addendum to, the landfill gas monitoring plan, and shall address the following:

I. Hydrologic barrier. This requires the owner/operator to submit documentation to the department, reviewed, signed, and sealed by an independent registered geologist, that hydrologic conditions exist within the defined area that preclude the migration of landfill gas onto an adjacent property. To be classified as a hydrologic barrier, the hydrologic conditions must meet the following criteria:

a. The subsurface is continuously saturated in a zone defined by a vertical surface that exists between the landfill footprint and the permitted boundary and extends horizontally the entire width of the defined area, and extends vertically from an elevation equal to or lower than the bottom elevation of waste at the lowest point within the landfill footprint to an elevation equal to or greater than the elevation of the highest point along the permitted boundary within the defined area; and b. The saturated conditions are permanent (i.e. not seasonal or weather dependent) within the defined area; and II. Topographic barrier. This requires the owner/operator to submit documentation to the department, reviewed, signed, and sealed by an independent professional engineer, that the ground surface elevation along a continuous contour line between the landfill footprint and the permitted boundary and extending the entire width of the defined area, is below the bottom most elevation of any waste located within one thousand feet (1,000') of the defined area.

B. Provisions for monitoring for methane in each enclosed structure or confined space located within the permitted boundary of the landfill.

(D) Landfill Gas Monitoring Well Network – Operation and Maintenance.

1. Wells shall be constructed, installed, maintained, and plugged in accordance with the Missouri Monitoring Well Construction Code, 10 CSR 23-4.

2. The survey coordinates and the topof-casing elevation for each well shall be established using conventional or GPS surveying techniques and submitted to the department with the monitoring system asbuilt drawings.

3. Each well shall be marked clearly in the field with a permanent placard or sign showing its identification number.

4. Each well shall be equipped with a sampling port to allow sampling without removal of the well cap.

5. All monitoring wells shall be protected from unauthorized access and kept locked and secured at all times.

6. The landfill owner/operator shall sample all landfill gas compliance monitoring wells at least quarterly, or more frequently if required by the department to protect human health or guide corrective actions.

7. The landfill owner/operator shall measure the following constituents in each landfill gas compliance monitoring well during each sampling event:

A. Methane concentration (percent methane by volume);

B. Oxygen concentration (percent oxygen);

C. Carbon dioxide concentration (percent carbon dioxide);

D. Atmospheric (barometric) pressure (inches Hg); and E. Other constituents if the department determines that conditions at the landfill warrant the need for additional information to protect human health.

8. The landfill owner/operator shall submit all monitoring results electronically to the department within seven (7) days of collection— A. At least quarterly, or more frequently if required due to detection of methane above limits specified in subsection (13)(C); and B. In a format and manner prescribed by the department.

(13) Landfill Gas Collection and Control.

Landfills accepting waste with the potential to generate methane shall be designed to prevent the migration of methane gases generated by the waste fill through an active gas collection and control system to avoid posing a hazard to the health and safety of the public and landfill personnel, or creating a negative impact to the environment. The department may apply some or all of the requirements of this section to the design of any landfill that has ceased accepting waste, if the department determines there is evidence of an existing or potential human health concern or an existing or potential environmental impact, either of which can be attributed to the adverse effects of landfill gas migrating from the landfill.

Unless notified otherwise by the department, owners/operators of landfills that are inactive or officially closed shall design the landfill to control methane in accordance with the regulations in effect at the time the landfill ceased receiving waste.

(A) Design.

1. Owners/operators of landfills receiving waste on or after the effective date of this

rule shall submit to the department a design for an active landfill gas collection and control system to service areas of the landfill that warrant control, unless such design for an active landfill gas collection and control system has already been submitted and approved by the department. The system shall be designed to prevent the migration of methane through the subsurface into enclosed structures within the permitted boundary and/or onto surrounding properties.

2. The plans for the design and operation of the landfill gas collection and control system shall, at a minimum, include the following:

A. Drawings that show the layout and locations of all landfill gas, gas condensate, and, if applicable, pneumatic control system components and equipment, specifications of all piping systems, locations of all components, trench specifications, and system connections and piping configurations for all components;

B. Calculations verifying design and flow capacity over the intended use of the gas collection and control system;

C. Design specifications for all materials, components, and equipment used in the landfill gas collection and control system;

D. A landfill gas collection well schedule indicating, for each well, the approximate elevation of the landfill surface at the location of the well, the proposed elevation of the top of base liner at the location of the well, the proposed length of slotted and solid pipe in the well, and the proposed depth of the well;

E. A well construction diagram (cross-section drawing) illustrating the design details for a typical landfill gas collection well, and showing the diameter of the borehole, the material specifications for the well riser, the dimensions and material specifications for the borehole seals, the dimensions and material specifications for the filter pack, and the type of surface completion;

F. Construction diagrams illustrating the design details for all collection points, including, but not limited to, the horizontal collection trenches, passive systems, or surface collection components;

G. A description of when the system is to be installed in each phase or cell of the landfill, with respect to overall landfill development. Showing the conceptual sequence of installation of the landfill gas collection and control system on the phase development drawings pursuant to subsection (4)(G) of this

rule satisfies this requirement; and H. All applicable permits and approvals necessary to comply with the requirements of the Missouri Air Conservation Law and rules.

3. All landfill gas collection wells installed in waste shall be designed such that the bottom of the well borehole is not less than ten feet (10') above the top of the landfill liner.

4. The owner/operator also shall submit to the department a detailed operating and maintenance plan for the landfill gas collection and control system installed within the landfill footprint, and any landfill gas collection and control systems external to the landfill footprint. The operating and maintenance plan shall address the system(s) in its entirety and each system component individually.

5. The department may approve the use of an alternative gas system design on a caseby-case basis.

(B) Operation.

1. The owner/operator of a landfill shall control landfill gas on site so that it will not accumulate in explosive or toxic concentrations and migrate laterally from the waste footprint to endanger the health of landfill employees or the public, or pose a threat to 2. The department may require landfill owners to install portions of the approved landfill gas collection and control system, or to install an interim landfill gas collection and control system, in specific areas of the landfill as necessary to control landfill gas.

3. The system shall be adjusted (tuned) as needed to optimize performance. The landfill owner/operator shall, in a timely manner, investigate the reason for reduced performance and make any necessary adjustment to, repair of, or replacement of a system component or components to return the system performance to optimal levels.

4. The system shall be maintained in accordance with the approved operating and maintenance plan(s).

5. The owner/operator shall inspect all components and portions of the system at least monthly.

6. The leachate level in landfill gas collection wells installed in the waste mass shall be checked and controlled at least quarterly to prevent methane migration and odors and ensure efficient operation of the collection wells.

(C) Methane shall not be allowed to accumulate above the following concentrations:

1. Twenty-five percent (25%) of the lower explosive limit (LEL) or one and onequarter percent (1.25%) methane by volume in air in enclosed structures within the permitted boundary;

2. Fifty percent (50%) of the LEL or two and one-half percent (2.5%) by volume for methane in the soil at the permitted boundary of the landfill;

3. For purposes of this section, LEL means the lowest percent by volume of a mixture of explosive gases in air that will propagate a flame at twenty-five degrees Celsius (25°C) and atmospheric pressure.

(14) Landfill Gas Corrective Action. In the event methane or other landfill gases are detected migrating from the landfill waste footprint and accumulating above the concentrations specified in this rule, the landfill owner/operator shall take immediate action to protect the health and safety of the public and landfill personnel and any threat to the environment. The owner/operator shall then take appropriate and timely corrective actions to control the landfill gas and alleviate the migration of methane onto any surrounding properties, or into enclosed structures or underground utility structures, as the situation warrants.

(A) Corrective Action. The landfill owner/operator shall take the following actions upon detection of elevated methane concentrations in structures and in the soil at the property boundary of the landfill.

1. Once the determination has been made to keep people out of any structure or away from any area, immediately notify the following parties that methane gas exceedance has been discovered:

A. Fire department or local emergency management personnel;

B. The department; and C. Owners and occupants of properties within one thousand feet (1,000') of any compliance monitoring well exhibiting concentrations above the limit(s) provided in (13)(C) of this rule.

2. For concentrations of landfill gas(es) detected in on- or off-site enclosed structures above the limit(s) provided in (13)(C) of this

rule, immediately take all appropriate actions to mitigate the effects of landfill gas accumulation in those structures until a permanent remediation is completed. These corrective actions may include, but are not limited to:

A. Emergency actions required by the fire department or local emergency management personnel, as needed, to protect employee, and human health and safety;

B. Ventilate any confined spaces that may trap landfill gases or install landfill gas detectors in confined spaces that may accumulate landfill gases; and C. Establish a temporary landfill gas monitoring program in affected structures 14CODE OF STATE REGULATIONS using an increased monitoring frequency from the frequency in (12)(D)8. of this rule.

3. Once methane migration has been confirmed, the department may establish alternative, more frequent, schedules for monitoring, notification, and implementation of corrective actions, as needed, to protect the health and safety of landfill employees, the public, and the environment.

4. Within seven (7) days of detection, submit to the department a report describing the notification process and steps taken to protect employee and public health and safety;

5. Within forty-five (45) days of detection, submit to the department for approval a corrective action plan designed by a professional engineer to address the gas migration.

The plan shall investigate the reason for the migration, describe the nature and extent of the migration, and propose a remedy to correct the migration. The department shall approve or disapprove the plan within fourteen (14) days of receipt.

6. If the landfill is experiencing ongoing methane gas migration, the owner/operator shall notify the department— A. Within twenty-four (24) hours of discovering that the landfill gas collection and control system has been damaged, that a complete failure has occurred, or that a significant portion of the system has been taken out of service as a result of a malfunction; and B. At least seven (7) days in advance of any scheduled activity that requires taking all or part of the landfill gas collection and control system off line or out of service for longer than twenty-four (24) hours if the landfill has methane gas migration.

7. If upon completion of the department’s review of the corrective action plan, the department finds the plan does not provide sufficient data to support the corrective actions proposed in the plan, the department shall deny the plan. The landfill owner/operator shall submit a revised corrective action plan within thirty (30) days of the department’s denial of the original corrective action plan.

8. Once the corrective action plan has been approved by the department, the landfill owner/operator shall implement the plan within one hundred twenty (120) days or an alternative timeframe approved by the department, monitor results of corrective actions taken, analyze and report to the department on the impact of corrective actions taken, and continue to propose and implement approved corrective actions until the methane gas concentrations fall to within compliance limits.

9. When the methane concentrations in all landfill gas compliance wells fall to below limits provided in (13)(C) of this rule and remain there for longer than one (1) months’ time, the department will allow the resumption of a gradually reduced monitoring frequency. After one (1) year of methane concentrations remaining below the limits provided in (13)(C) of this rule, the landfill owner/operator may petition and receive approval from the department to return to a quarterly landfill gas monitoring schedule.

(15) Vectors. The landfill owner/operator shall operate and maintain the landfill in a manner that is unfavorable for the harboring, feeding, and breeding of vectors and immediately implement those procedures when vectors are first observed. The landfill operating manual shall include contingency plans for vector control, and the owner/operator shall be prepared to immediately implement those procedures when vectors are observed.

(16) Aesthetics.

(A) The sanitary, demolition, or special waste landfill owner/operator shall operate the landfill in an aesthetically acceptable manner.

(B) Wastes that are easily moved by wind shall be covered, as necessary, to prevent becoming airborne and scattered, and the landfill shall employ effective litter control methods and best management practices to prevent litter from leaving the permitted area of the landfill.

(C) On-site vegetation should be cleared only as necessary. Natural windbreaks, such as green belts, should be maintained where they will reduce noise, dust, and odors, and improve the appearance and operation of the landfill.

(17) Cover.

(A) Cover shall be applied at the landfill to minimize fire hazards, infiltration of precipitation, odors and blowing litter; control gas venting and vectors; discourage scavenging; and provide a pleasing appearance.

(B) The owner/operator shall include in the landfill’s operating plan a description of daily and intermediate cover at the landfill and also submit a written closure/post-closure plan that includes the design and construction of a final cover system over each phase or cell as it reaches the approved final elevation, in accordance with this rule.

1. The operating plan shall include:

A. The proposed cover sources, quantities, and soil classifications (Unified Soil Classification System or United States Department of Agriculture classification system). Soil classification is not necessary for soils used for daily and intermediate cover;

B. The capability of the cover to perform the functions listed above; and C. Design, construction, and operations that ensure active, intermediate, and final slopes shall not exceed thirty-three and one-third percent (33 1/3%);

2. The closure/post-closure plan shall A. A description of how the operating plan shall prepare the landfill for closure and the procedures to establish and maintain vegetative growth to combat erosion and improve appearance of idle and completed areas, including fertilizer rate, soil conditioning rate, seeding rate, and provisions for mulching;

B. Procedures to maintain cover integrity, for example, regrading and recovering;

C. Methods for borrow areas to be reclaimed on site so as to restore aesthetic qualities and prevent excessive erosion;

D. Provisions for construction of the final slope of the top of the landfill to have a minimum slope of five percent (5%);

E. A design of the final side slopes to minimize infiltration, promote run off without excessive erosion, and not to exceed twenty-five percent (25%), unless it has been demonstrated in a detailed slope stability analysis approved by the department that the slopes can be constructed and maintained throughout the entire operational life and post-closure period of the landfill;

F. Shear failure analyses where intermediate or final slopes exceed twenty-five percent (25%). However, the department will waive the analysis for slopes of twenty-five percent (25%) or less, except in seismic impact zones;

G. The design and installation of the geomembrane liner, which is to be in intimate contact with the underlying compacted clay;

H. The design and installation of the final cover system(s) and provisions for slope stability; and I. A final cover system installation schedule as each phase of the landfill reaches approved elevations.

3. For landfills with composite liners, final cover shall be designed and constructed in composite layers, in order from top to bottom, as follows:

A. Two feet (2') of soil capable of sustaining vegetative growth;

B. A drainage layer;

C. A geomembrane liner at least as thick as the minimum thickness specified in subsection (4)(I); and D. One foot (1') of compacted soil with a coefficient of permeability of 1 × 10 -5 cm/sec or less;

4. For existing landfills without composite liners, the final cover shall consist of at least two feet (2') of compacted soil with a coefficient of permeability of 1 × 10 -5 cm/sec or less and overlaid by at least one foot (1') of soil capable of sustaining vegetative growth.

(C) Operations – Cover.

1. For sanitary landfills, no less than six inches (6") of cover shall be applied by the end of each operating day, regardless of weather, unless an alternative is approved by the department. The practice of peeling back and reusing cover is an approved practice so long as the method and practice is contained in the operating plan. Sanitary landfills operating twenty-four (24) hours per day shall cover the waste at least once every twentyfour (24) hours.

2. For demolition landfills, no less than twelve inches (12") of cover shall be applied at least once at the end of each operating week or immediately before the facility closes if the facility is to be closed for more than twenty-four (24) hours.

3. Alternative daily cover.

A. An alternative daily cover may be approved by the department on a site-specific

basis, if the landfill owner/operator demonstrates that the alternative material controls stormwater run-on and runoff and prevents disease, vectors, fires, odors, and blowing litter, without presenting a threat to human B. In the event the use of an alternative daily cover is approved by the department, the landfill owner/operator shall make all efforts to ensure that the use of alternative daily cover does not contribute to increased odor generation, leachate generation, litter blowing from the working face, or attraction of vectors.

4. Surface grades and side slopes shall be constructed and maintained to promote runoff without excessive erosion.

5. Re-grading and recovering shall be performed as necessary, followed by re-establishing vegetation, to maintain landfill cover, slope, and integrity.

6. In areas of the landfill where waste has not been accepted for more than sixty (60) days, cover shall be increased to a total thickness of at least one foot (1') of compacted cover, and steps taken to seed and encourage vegetative growth.

7. All final side slopes and the slope of the top of the landfill shall be constructed with provisions for slope stability and subsequently maintained to comply with the landfill’s approved closure/post-closure plan.

8. Final cover at the landfill shall be constructed and installed in accordance with the landfill’s approved closure/post-closure plan.

9. The department may approve the use of an alternative final cover system provided that the owner/operator can demonstrate to the department that the alternative design will be at least equivalent to the final cover system described in this rule.

10. Borrow areas shall be reclaimed in accordance with the approved plans.

11. Vegetation shall be established within one (1) year or other schedule approved by the department and maintained and re-established as necessary to achieve greater than eighty percent (80%) coverage to protect the landfill final cover and prevent surface water infiltration.

(18) Compaction.

(A) In order to conserve sanitary, demolition, or special waste landfill site capacity, thereby preserving land resources and minimizing moisture infiltration and settlement, solid waste and cover shall be compacted to the smallest practicable volume.

(B) The size of the working face shall be kept to a minimum.

(C) Equipment shall be maintained on site or readily available to ensure uninterrupted operations.

(19) Safety. The sanitary, demolition, or special waste landfill shall be designed, constructed, and operated to protect the health and safety of landfill personnel and the public.

(A) The landfill’s operating plan shall include provisions to control access to and traffic on to the landfill in a manner that is compatible with the surrounding land use.

(B) Provisions shall be included in the plans to control dust, address emergency situations, and promote orderly operations.

These provisions shall be revised as necessary to keep them up-to-date and relevant to the current landfill operations.

(C) Scavenging is prohibited at all times at the landfill.

(D) The landfill owner/operator shall employ dust control provisions as necessary for safety purposes and to prevent a nuisance to the surrounding area.

(E) Adequate communications equipment shall be available for use by landfill personnel.

(F) The landfill owner/operator shall prepare a plan of procedures to implement in the event of emergencies that occur at the landfill, including but not limited to, slope failure or firefighting. The owner/operator shall make the plan available to landfill personnel to provide them with the appropriate emergency contact information and delegation of

(G) A fire extinguisher shall be provided on all waste handling equipment.

(H) A hot load area shall be established to contain loads that arrive with hotspots or open flames.

(I) Any fires discovered in wastes delivered to the landfill shall be extinguished away from the working face, whenever possible.

(J) Any surface fire discovered at the working face or subsurface fire, oxidation, or smoldering event shall be extinguished immediately; the landfill owner/operator shall notify the department as soon as it has been discovered.

(20) Records.

(A) The owner/operator of a landfill shall maintain records and monitoring data as specified by the department and file appropriate documents with the county recorder(s) of deeds.

1. The landfill owner/operator shall describe the methods for creating and maintaining records of operations and monitoring at the landfill.

2. Current records shall be maintained at the landfill office. Records five (5) years old or older may be stored electronically or off-site at an alternate site if approved by the department; such records must be made available to the department upon request.

3. The landfill files may be maintained on electronic media and shall include the following records, at a minimum:

A. Copies of approved permit documents and current permits;

B. Major operational problems, complaints, or difficulties; and any corrective actions taken;

C. Gas monitoring results from monitoring and any corrective action plans being implemented;

D. Any demonstration, certification, finding, monitoring, testing, or analytical data;

E. Housekeeping records to summarize efforts taken for vector, dust, odor, and litter control;

F. Quantitative measurements of the solid waste handled and an estimate of the air space left at the facility. By January 31st, on even numbered years the owner/operator shall submit to the department two (2) copies of a topographic map prepared during the previous calendar year, prepared under the direction of a land surveyor or by aerial photography, showing the current horizontal and vertical boundaries of solid waste in the landfill, the boundaries of the landfill and a form 16CODE OF STATE REGULATIONS provided by the department listing airspace filled in the preceding period;

G. Description, source, and volume of special wastes that are received;

H. Any landfill design documentation for recirculation of leachate or gas condensate in a landfill, as applicable;

I. Closure and post-closure care plans and any associated monitoring, testing, or analytical data;

J. Most recently approved cost estimates and financial assurance documenta- K. Inspection records and training procedures including screening for excluded wastes;

L. Records associated with tonnage fee; and M. On or before January 31 of each calendar year and annually thereafter each solid waste disposal area shall submit a report to the department specifying the amount of solid waste received for disposal from states other than Missouri.

(B) Once a landfill ceases accepting waste, the landfill owner shall record the existence of the landfill with the recorder(s) of deeds in the county(ies) where the landfill is located.

The owner may request permission from the department to remove the notation from the deed if all wastes are removed from the landfill.

1. After the landfill ceases accepting waste, the owner/operator shall obtain a land surveyor to prepare a survey and plat meeting the requirements of the current Minimum Standards of Property Boundary Survey 2 CSR 90 and a detailed description of the landfill. The survey plat and detailed description, at a minimum, shall contain the following information:

A. The name of the property owner as it appears on the property deed;

B. The detailed description of the property;

C. The general types and location of the solid wastes and the depth(s) of fill within the property;

D. The location of any leachate collection system, gas collection and control system, and existing gas, surface water, groundwater monitoring system(s) which shall be maintained after closure, and the length of time that these systems are to be maintained;

E. The permitted name and permit number(s) of the landfill.

2. The owner shall— A. Submit to and obtain approval from the department of the survey plat and detailed description;

B. Have the approved plat notarized by a lawful notary public;

C. File the approved survey plat and detailed description with the county recorder(s) of deeds within thirty (30) days of departmental approval; and D. Submit to the department within thirty (30) days of the date of filing, two (2) copies of the notarized and properly recorded plat and detailed description showing the recorder(s) of deeds’ seal(s) or stamp(s), the book and page numbers, and the date of filing.

(21) Bioreactor Permits and Bioreactor Permit Modifications for Sanitary Landfills.

(A) The department may issue a permit or a permit modification to allow an owner/operator to design, construct, and operate a sanitary landfill as a bioreactor (bioreactor permit), utilizing innovative and new designs and/or operations which vary from specific criteria listed in this rule, provided the landfill systems are designed and operated in a manner protective of human (B) For a proposed bioreactor at a new sanitary landfill, the design plans shall address all elements of landfill design, construction, and operation outlined in this rule, with special consideration for the effects of increased moisture content of the waste mass.

(C) For a proposed bioreactor at an existing sanitary landfill, the design plans shall include an assessment of all previously approved aspects of design, construction, and operation. Sanitary landfill systems and components shall be redesigned, construction procedures shall be developed, and all operating, monitoring, and quality control plans shall be revised, as necessary, with special consideration for bioreactor operations and the effects of increased moisture content of the waste mass.

(D) In addition, each bioreactor permit application shall include— 1. An explanation of the objectives of the research, development, and demonstration project;

2. Detailed explanations of the methods and procedures that will be used to add liquids, if applicable;

3. Detailed water balance calculations;

4. Detailed construction QA/QC procedures for all liquids addition systems;

5. A detailed operating and maintenance plan prepared as an addendum to the landfill’s operating manual which includes:

A. Operating procedures for all bioreactor systems and other systems whose operation could be affected by the increased moisture, including, but not limited to:

(I) All liquids addition systems;

(II) Leachate management systems;

(III) Landfill gas collection and control systems; and B. A detailed plan for inspecting all landfill control and monitoring systems and maintaining accurate records of each inspec- 6. Provisions for leak testing of the geomembrane component of the composite liner system following installation; and 7. Facility designs that maintain a depth of leachate of less than one foot (1') on the landfill liner.

(22) Special Waste Landfills.

(A) Should an owner/operator request to permit a special waste landfill, the owner/operator shall include a list identifying what sections of this rule, and as appropriate 10 CSR 80-2.020, are and are not applicable to the landfill, as well as detailed discussion explaining how that determination was made.

For special waste landfills in operation at the time of the effective date of this rule, the facility has until January 31, 2020, to submit a modification stating which parts of this rule are applicable and a detailed discussion explaining the rationale and for excluding certain requirements.

(B) The department may require any special waste landfill owner/operator to design, construct, operate, and maintain the landfill in accordance with any sanitary landfill requirement necessary to ensure the protection of human health and the environment.

Appendix I—Constituents for Detection Monitoring Indicator Constituents Chemical Oxygen Demand (COD in milligrams per liter (mg/l));

Chlorides (Cl, (mg/l)) dissolved; pH (units);

Specific Conductance (Conductivity at twenty-five degrees Celsius (25°C) in micromhos per centimeter (μmho/cm));

Total Dissolved Solids (TDS, (mg/l)); and Inorganic Constituents Ammonia (NH3 as N, mg/l)

Antimony (Sb, μg/l)

Arsenic (As, μg/l)

Barium (Ba, μg/l)

Beryllium (Be, μg/l)

Boron (B, μg/l)

Cadmium (Cd, μg/l)

Calcium (Ca, mg/l)

Chromium (Cr, μg/l)

Cobalt (Co, μg/l)

Copper (Cu, μg/l)

Fluoride (F, mg/l)

Hardness (calculated, mg/l)

Lead (Pb, μg/l)

Magnesium (Mg, mg/l)

Manganese (Mn, μg/l)

Nickel (Ni, mg/l)

Nitrate/Nitrite (NO3/NO2, mg/l)

Phosphorus (total P, mg/l)

Selenium (Se, μg/l)

Silver (Ag, μg/l)

Sodium (Na, mg/l)

Sulfate (SO4, mg/l)

Thallium (Tl, μg/l)

Total Organic Carbon (TOC, mg/l)

Vanadium (V, μg/l)

Organic Constituents Acetone Acrylonitrile Benzene Bromochloromethane Bromodichloromethane Bromoform; Tribromomethane Carbon disulfide Carbon tetrachloride Chlorobenzene Chloroethane; Ethyl chloride Chloroform; Trichloromethane Dibromochloromethane;

Chlorodibromomethane 1,2-Dibromo-3-chloropropane; DBCP 1,2-Dibromoethane; Ethylene dibromide;

EDB o-Dichlorobenzene; 1,2- Dichlorobenzene p-Dichlorobenzene; 1,4-Dichlorobenzene trans-1,4-Dichloro-2butene 1,1-Dichloroethane; Ethylidene chloride 1,2-Dichloroethane; Ethylene dichloride 1,1-Dichloroethylene; 1,1-Dichloroethene;

Vinylidene chloride cis-1,2-Dichloroethylene; cis-1,2- Dichloroethene trans-1,2-Dichloroethylene; trans-1,2- Dichloroethene 1,2-Dichloropropane; Propylene dichloride cis-1,3-Dichloropropene trans-1,3-Dichloropropene Ethylbenzene 2-Hexanone; Methyl butyl ketone Methyl bromide; Bromomethane Methyl chloride; Chloromethane Methylene bromide; Dibromomethane Methylene chloride; Dichloromethane Methyl ethyl ketone; MEK; 2-Butanone Methyl iodide; Iodomethane 4-Methyl-2-pentanone; Methyl isobutyl ketone Styrene 1,1,1,2-Tetrachloroethane 1,1,2,2-Tetrachloroethane Tetrachloroethylene; Tetrachloroethene;

Perchloroethylene Toluene 1,1,1-Trichloroethane; Methylchloroform 1,1,2-Trichloroethane Trichloroethylene; Trichloroethene Tichlorofluoromethane; CFC-11 1,2,3-Trichloropropane Vinyl acetate Vinyl chloride Xylenes

Appendix II—List of Hazardous Inorganic and Organic Constituents Common Name CAS RN Acenaphthene83-32-9 Acenaphthylene208-96-8 Acetone67-64-1 Acetonitrile; Methyl cyanide 75-05-8 Acetophenone98-86-2 2-Acetylaminofluorene; 2-AAF 53-96-3 Acrolein107-02-8 Acrylonitrile107-13-1 Aldrin309-00-2 Allyl chloride107-05-1 4-Aminobiphenyl92-67-1 Anthracene120-12-7 Antimony(Total)

Arsenic(Total)

Barium(Total)

Benzene71-43-2 Benzo[a]anthracene;

Benzanthracene56-55-3 Benzo[b]fluoranthene 205-99-2 Benzo[k]fluoranthene 207-08-9 Benzo[ghi]perylene 191-24-2 Benzo[a]pylene 50-32-8 Benzyl alcohol 100-51-6 Beryllium (Total) alpha-BHC 319-84-6 beta-BHC 319-85-7 delta-BHC 319-86-8 gamma-BHC; Lindane 58-89-9 Bis(2-chloroethoxy)methane 111-91-1 Bis(2-chloroethyl) ether; 111-44-4 Dichloroethyl ether Bis(2-chloro-1-methylethyl) ether;108-60-1 2,2’-Dichlorodiisopropyl ether;

DCIPSee Note 3 Bis(2-ethylhexyl) phthalate 117-81-7 Bromochloromethane;

Chlorobromomethane 74-97-5 Bromodichloromethane;

Dibromochloromethane 75-27-4 Bromoform; Tribromomethane 75-25-2 4-Bromophenylphenyl ether 101-55-3 Butyl benzyl phthalate;

Benzyl butyl phthalate 85-68-7 Cadmium(Total)

Carbon disulfide75-15-0 Carbon tetrachloride 56-23-5 Chlordane See Note 4. p-Chloroaniline 106-47-8 Chlorobenzene 108-90-7 Chlorobenzilate 510-15-6 p-Chloro-m-cresol; 4-Chloro-3-methylphenol 59-50-7 Chloroethane; Ethyl chloride 75-00-3 Chloroform; Trichloromethane 67-66-3 2-Chloronaphthalene 91-58-7 2-Chlorophenol 95-57-8 4-Chlorophenyl phenyl ether 7005-72-3 Chloroprene 126-99-8 Chromium (Total)

Chrysene 218-01-9 Cobalt (Total)

Copper (Total) m-Cresol; 3-methylphenol 108-39-4 o-Cresol; 2-methylphenol 95-48-7 p-Cresol; 4-methylphenol 106-44-5 Cyanide 57-12-5 2,4-D; 2,4-Dichlorophenoxyacetic acid94-75-7 4,4 ́-DDD 72-54-8 4,4 ́-DDE 72-55-9 4,4 ́-DDT 50-29-3 Diallate 2303-16-4 Dibenz[a,h]anthracene 53-70-3 Dibenzofuran 132-64-9 Dibromochloromethane;

Chlorodibromomethane 124-48-1 1,2-Dibromo- 3-chloropropane;DBCP96-12-8 1,2-Dibromoethane; Ethylene 106-93-4 dribromide; EDB Di-n-butyl phthalate 84-74-2 o-Dichlorobenzene; 1,3-Dichlorobenzene 95-50-1 m-Dichlorobenzene; 1,3-Dichlorobenzene 541-73-1 p-Dichlorobenzene; 1,4-Dichlorobenzene 106-46-7 3,3 ́-Dichlorobenzidine 91-94-1 trans-1,4-Dichloro-2-butene 110-57-6 Dichlorodifluoromethane;

CFC 12;75-71-8 1,1-Dichloroethane; Ethyldidene chloride75-34-3 1,2-Dichloroethane; Ethylene dichloride107-06-2 1,1-Dichloroethylene; 1,1-Dichloroethene; Vinylidene chloride75-35-4 cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene 156-59-2 trans-1,2-Dichloroethylene trans-1,2-Dichloroethene 156-60-5 2,4-Dichlorophenol 120-83-2 2,6-Dichlorophenol 87-65-0 18CODE OF STATE REGULATIONS 1,2-Dichloropropane;

Propylene dichloride 78-87-5 1,3-Dichloropropane;

Trimethylene dichloride 142-28-9 2,2-Dichloropropane;

Isopropylidene chloride 594-20-7 1,1-Dichloropropene 563-58-6 cis-1,3-Dichloropropene 10061-01-5 trans-1,3-Dichloropropene 10061-02-6 Dieldrin 60-57-1 Diethyl phthalate 84-66-2 O,O-Diethyl O-2-pyrazinyl phosphorothioate; Thionazin 297-97-2 Dimethoate 60-51-5 p-(Dimethylamino)azobenzen 60-11-7 7,12-Dimethylbenz[a]nthracene 57-97-6 3,3 ́-Dimethylbenzidine 119-93-7 2,4-Dimethylphenol; m-Xylenol 105-67-9 Dimethyl phthalate 131-11-3 m-Dinitrobenzene 99-65-0 4,6-Dinitro-o-cresol 4,6-Dinitro-2-methylphenol 534-52-1 2,4-Dinitrophenol; 51-28-5 2,4-Dinitrotoluene 121-14-2 2,6-Dinitrotoluene606-20-2 Dinoseb; DNBP; 2-sec-Butyl-4,6-dinitrophenol 88-85-7 Di-n-octyl phthalate 117-84-0 Diphenylamine 122-39-4 Disulfoton298-04-4 Endosulfan I 959-98-8 Endosulfan II33213-65-9 Endosulfan sulfate 1031-07-8 Endrin 72-20-8 Endrin aldehyde 7421-93-4 Ethylbenzene 100-41-4 Ethyl methacrylate 97-63-2 Ethyl methanesulfonate 62-50-0 Famphur 52-85-7 Fluoranthene 206-44-0 Fluorene 86-73-79 Heptachlor 76-44-8 Heptachlor epoxide 1024-57-3 Hexachlorobenzene .118-74-1 Hexachlorobutadiene 87-68-3 Hexachlorocyclopentadiene 77-47-4 Hexachloroethane 67-72-1 Hexachloropropene 1888-71-7 2-Hexanone; Methyl butyl ketone 591-78-6 Indeno(1,2,3-cd)pyrene 193-39-5 Isobutyl alcohol 78-83-1 Isodrin 465-73-6 Isophorone 78-59-1 Isosafrole 120-58-1 Kepone 143-50-0 Lead (Total)

Mercury (Total)

Methacrylonitrile126-98-7 Methapyrilene 91-80-5 Methoxychlor 72-43-5 Methyl bromide; Bromomethane 74-83-9 Methyl chloride; Chloromethane 74-87-3 3-Methylcholanthrene 56-49-5 Methyl ethyl ketone; MEK; 2-Butanone78-93-3 Methyl iodide; Iodomethane 74-88-4 Methyl methacrylate 80-62-6 Methyl methanesulfonate 66-27-3 2-Methylnaphthalene 91-57-6 Methyl parathion; Parathion methyl 298-00-0 4-Methyl-2-pentanone;

Methyl isobutyl ketone 108-10-1 Methylene bromide;

Dibromomethane74-95-3 Methylene chloride;

Dichloromethane 75-09-2 Naphthalene 91-20-3 1,4-Naphthoquinone 130-15-4 1-Naphthylamine 134-32-7 2-Naphthylamine 91-59-8 Nickel (Total) o-Nitroaniline; 2-Nitroaniline 88-74-4 m-Nitroaniline; 3-Nitroaniline 99-09-2 p-Nitroaniline; 4-Nitroaniline 100-01-6 Nitrobenzene 98-95-3 o-Nitrophenol; 2-Nitrophenol 88-75-5 p-Nitrophenol; 4-Nitrophenol 100-02-7 N-Nitrosodi-n-butylamine 924-16-3 N-Nitrosodiethylamine 55-18-5 N-Nitrosodimethylamine 62-75-9 N-Nitrosodiphenylamine 86-30-6 N-Nitrosodipropylamine;

N-nitroso-N-dipropylamine Di-n-propylnitrosamine 621-64-7 N-Nitrosomethylethylamine 10595-95-6 N-Nitrosopiperidine 100-75-4 N-Nitrosopyrrolidine 930-55-2 5-Nitro-o-toluidine 99-55-8 Parathion56-38-2 Pentachlorobenzene 608-93-5 Pentachloronitrobenzene 82-68-8 Pentachlorophenol 87-86-5 Phenacetin 62-44-2 Phenanthrene 85-01-8 Phenol 108-95-2 p-Phenylenediamine 106-50-3 Phorate 298-02-2 Polychlorinated biphenyls;

PCBs;See Note 5.

Aroclors Pronamide 23950-58-5 Propionitrile; Ethyl cyanide 107-12-0 Pyrene 129-00-0 Safrole 94-59-7 Selenium (Total)

Silver (Total)

Silvex; 2,4,5-TP93-72-1 Styrene 100-42-5 Sulfide 18496-25-8 2,4,5-T; 2,4,5-Trichlorophenoxyacetic acid 93-76-5 1,2,4,5-Tetrachlorobenzene 95-94-3 1,1,1,2-Tetrachloroethane 630-20-6 1,1,2,2-Tetrachloroethane 79-34-5 Tetrachloroethylene; Tetrachloroethene; Perchloroethylene 127-18-4 2,3,4,6-Tetrachlorophenol 58-90-2 Thallium (Total)

Tin (Total)

Toluene 108-88-3 o-Toluidine 95-53-4 ToxapheneSee Note 6. 1,2,4-Trichlorobenzene120-82-1 1,1,1-Trichloroethane;

Methylchloroform71-55-6 1,1,2-Trichloroethane 79-00-5 Trichloroethylene;

Trichloroethene 79-01-6 Trichlorofluoromethane;

CFC-11 75-69-4 2,4,5-Trichlorophenol 95-95-4 2,4,6-Trichlorophenol 88-06-2 1,2,3-Trichloropropane 96-18-4 0,0,0-Triethyl phosphorothioate 126-68-1 sym-Trinitrobenzene 99-35-4 Vanadium (Total)

Vinyl acetate 108-05-4 Vinyl chloride; Chloroethene 75-01-4 Xylene (total) See Note 7.

Zinc (Total)

Appendix III—Constituents for Detection Monitoring for Demolition Landfills Indicator Constituents Aluminum (Al, μg/l)

Ammonia (NH3 as N, mg/l)

Antimony (Sb, μg/l)

Arsenic (As, μg/l)

Barium (Ba, μg/l)

Beryllium (Be, mg/l)

Boron (B, μg/l)

Cadmium (Cd, μg/l)

Calcium (Ca, mg/l)

Chemical Oxygen Demand (COD, mg/l)

Chloride (Cl, mg/l)

Chromium (Cr, μg/l)

Cobalt (Co, μg/l)

Copper (Cu, μg/l)

Fluoride (Fl, mg/l)

Hardness (calculated, mg/l)

Iron (Fe, μg/l)

Lead (Pb, μg/l)

Magnesium (Mg, mg/l)

Manganese (Mn, μg/l)

Mercury (Hg, μg/l)

Nickel (Ni, mg/l) pH (units)

Potassium (K, mg/l)

Selenium (Se, μg/l)

Silver (Ag, μg/l))

Sodium (Na, mg/l)

Specific Conductance (Conductivity at 25°C, mho/cm)

Sulfate (SO, mg/l)

Thallium (Tl, μg/l)

Total Dissolved Solids (TDS, mg/l)

Total Organic Carbon (TOC, mg/l)

Total Organic Halogens (TOX, mg/l)

Appendix IV—Constituents for Assessment Monitoring for Demolition Landfills Inorganic Constituents Nitrate/Nitrite (NO3/NO2, mg/l)

Phosphorus (total P, mg/l)

Vanadium (V, μg/l)

Organic Constituents Acetone Acrylonitrile Benzene Bromochloromethane Bromodichloromethane Bromoform; Tribromomethane Carbon disulfide Carbon tetrachloride Chlorobenzene Chloroethane; Ethyl chloride Chloroform; Trichloromethane Dibromochloromethane; Chlorodibromomethane 1,2-Dibromo-3-chloropropane; DBCP 1,2-Dibromoethane; Ethylene dibromide;

EDB o-Dichlorobenzene; 1,2-Dichlorobenzene p-Dichlorobenzene; 1,4-Dichlorobenzene trans-1,4-Dichloro-2-butene 1,1-Dichloroethane; Ethylidene chloride 1,2-Dichloroethane; Ethylene dichloride 1,1-Dichloroethylene; 1,1-Dichloroethene;

Vinylidene chloride cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene trans-1,2-Dichloroethylene; trans-1,2-Dichloroethene 1,2-Dichloropropane; Propylene dichloride cis-1,3-Dichloropropene trans-1,3-Dichloropropene Ethylbenzene 2-Hexanone; Methyl butyl ketone Methyl bromide; Bromomethane Methyl chloride; Chloromethane Methylene bromide; Dibromomethane Methylene chloride; Dichloromethane Methyl ethyl ketone; MEK; 2-Butanone Methyl iodide; Iodomethane 4-Methyl-2-pentanone; Methyl isobutyl ketone Styrene 1,1,1,2-Tetrachloroethane 1,1,2,2-Tetrachloroethane Tetrachloroethylene; Tetrachloroethene; Perchloroethylene Toluene 1,1,1-Trichloroethane; Methylchloroform 1,1,2-Trichloroethane Trichloroethylene; Trichloroethene Trichlorofluoromethane; CFC-11 1,2,3-Trichloropropane Vinyl acetate Vinyl chloride Xylenes Notes 1. The regulatory requirements pertain only to the list of substances.

2. Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals.

3. This substance is often called Bis(2chloroisopropyl) ether, the name Chemical Abstracts Service applies to its noncommercial isomer, Propane, 2,2 ́-oxybis, 2-chloro- (CAS RN 39638-32-9).

4. Chlordane: This entry includes alphachlordane (CAS RN 5103-71-9), beta-chlordane (CAS RN 5103-74-2), gamma-chlordane (CAS RN 5566-34-7), and constituents of chlordane (CAS RN 57-74-9 and CAS RN 12789-03-6).

5. Polychlorinated biphenyls (CAS RN 1336- 36-3); this category contains congener chemicals, including constituents of Aroclor 1016 (CAS RN 12674-11-2), Aroclor 1221 (CAS RN 11104-28-2), Aroclor 1232 (CAS RN 11141-16-5), Aroclor 1242 (CAS RN 53469- 21-9), Aroclor 1248 (CAS RN 12672-29-6), Aroclor 1254 (CAS RN 11097-69-1), and Aroclor 1260 (CAS RN 11096-82-5).

6. Toxaphene: This entry includes congener chemicals contained in technical toxaphene (CAS RN 8001-35-2), i.e., chlorinated camphene.

7. Xylene (total): This entry includes oxylene (CAS RN 96-47-6), m-xylene (CAS RN 108-38-3), p-xylene (CAS RN 106-42-3), and unspecified xylenes (dimethylbenzenes)

(CAS RN 1330-20-7).

Amended: Filed Jan. 29, 1988, effective Aug. 1, 1988. Amended: Filed Aug. 15, 1988, effective Dec. 29, 1988. Emergency amendment filed Sept. 29, 1993, effective Oct. 9, 1993, expired Feb. 5, 1994. Amended: Filed May 3, 1993, effective Jan. 13, 1994.

Amended: Filed March 17, 1992.** Emergency rescission of the 1992 amendment filed March 19, 1997, effective April 1, 1997, expired Sept. 27, 1997. Amended: Filed Oct. 10, 1996, effective July 30, 1997. Rescission of the 1992 amendment filed April 3, 1997, effective Aug. 30, 1997. Amended: Filed Dec. 15, 1997, effective Aug. 30, 1998. Amended:

Filed June 29, 2018, effective Feb. 28, 2019. *Original authority: 260.225, RSMo 1972, amended 1975, 1986, 1988, 1990, 1993, 1995. **The Missouri Supreme Court in Missouri Coalition for the Environment, et al., v.

Joint Committee on Administrative Rules, et al., Case No. 78628, dated February 25, 1997, ordered the secretary of state to publish this amendment. The Missouri Department of Natural Resources subsequently filed an emergency rescission of this amendment as well as a proposed rescission of this amendment which became effective August 30, 1997. See the above authority section for filing dates.

Op. Atty. Gen. No. 42, Frappier (3-20-74).

With respect to the Solid Waste Management Law, Senate Bill No. 387, 76th General Assembly, sections 260.200–260.245, RSMo Supp. 1978. Cities and counties are required to provide for the collection and disposal of solid wastes including industrial wastes and may contract for such collection and disposal. Service charges may be imposed if not already imposed under some other law although these charges must be billed and collected directly by the cities or counties.

General revenue of the city and federal revenue sharing funds may also be expended for such purposes.

**History**
- *authority to implement during each such emergency event.*
- *AUTHORITY: section 260.225, RSMo 2016. Original rule filed Dec. 11, 1973, effective Dec. 21, 1973. Amended: Filed July 14, 1986, effective Jan. 1, 1987. Amended: Filed Jan. 5, 1987, effective June 1, 1987.*

##### **10 CSR 80-3.011** Design and Operation Emergency rule filed Sept. 29, 1993, effective Oct. 9, 1993, expired Feb. 5, 1994. {#sec-10-csr-80-3.011 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-3.011}

Emergency rule filed Jan. 28, 1994, effective Feb. 7, 1994, expired June 6, 1994.

##### **10 CSR 80-3.020** Emergency Landfill Extensions Emergency rule filed Sept. 29, 1993, effective Oct. 9, 1993, expired Feb. 5, 1994. {#sec-10-csr-80-3.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-3.020}

Emergency rule filed Jan. 28, 1994, effective Feb. 7, 1994, expired June 6, 1994.

20CODE OF STATE REGULATIONS

### **Chapter 4** Demolition Landfill

##### **10 CSR 80-4.010** Design and Operation {#sec-10-csr-80-4.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-4.010}

(Rescinded February 28, 2019)

1997. Original rule filed Dec. 11, 1973, effective Dec. 21, 1973. Amended: Filed July 14, 1986, effective Jan. 1, 1987. Amended:

Filed Jan. 29, 1988, effective Aug. 1, 1988.

Amended: Filed March 17, 1992.** Emergency rescission of the 1992 amendment filed March 19, 1997, effective April 1, 1997, expired Sept. 27, 1997. Amended: Filed Oct. 10, 1996, effective July 30, 1997. Rescission of the 1992 amendment filed April 3, 1997, effective Aug. 30, 1997. Amended: Filed Dec. 15, 1997, effective Aug. 30, 1998.

Rescinded: Filed June 29, 2018, effective Feb. 28, 2019. **The Missouri Supreme Court in Missouri Coalition for the Environment, et al., v.

Joint Committee on Administrative Rules, et al., Case No. 78628, dated February 25, 1997, ordered the secretary of state to publish this amendment. The Missouri Department of Natural Resources subsequently filed an emergency rescission of this amendment as well as a proposed rescission of this amendment which became effective August 30, 1997. See the above authority section for filing dates.

Op. Atty. Gen. No. 42, Frappier, 3-20-74.

With respect to the Solid Waste Management Law, Senate Bill No. 387, 76th General Assembly, sections 260.200–260.245, RSMo (Supp. 1973), cities and counties are required to provide for the collection and disposal of solid wastes including industrial wastes and may contract for this collection and disposal. Service charges may be imposed if not already imposed under some other law although these charges must be billed and collected directly by the cities or counties. General revenue of the city and federal revenue sharing funds may also be expended for such purposes.

JOHNR. ASHCROFT(1/29/19)

**History**
- *AUTHORITY: section 260.225, RSMo Supp.*

### **Chapter 5** Processing Facility

##### **10 CSR 80-5.010** Design and Operation {#sec-10-csr-80-5.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-5.010}

PURPOSE: This rule pertains to the design and operation of solid waste processing facilities (incinerators, compost plants, transfer stations or any facility where solid wastes are salvaged).

(1) This rule sets forth requirements and the method of satisfactory compliance to ensure that the design and operation of the solid waste processing facility will protect the public health, prevent nuisances and meet applicable environmental standards. The requirement subsections contained in this rule delineate minimum levels of performance required of any solid waste processing facility operation. The satisfactory compliance subsections are based on the satisfactory practice of handling municipal solid waste at a processing facility. It is recognized that the various types of facilities and types of solid wastes may justify or require the use of techniques other than those listed as satisfactory compliance.

If techniques other than those listed as satisfactory compliance in design or operation are used, it is the obligation of the solid waste processing facility owner/operator to demonstrate to the department in advance that the techniques to be employed will satisfy the requirement. Procedures for the techniques must be submitted to the department in writing and approved by the department in writing prior to being employed. Notwithstanding any other provision of this rule, when it is found necessary to meet the objectives of the requirement subsections, the department will require changes in design or operation as the condition warrants. A solid waste processing facility permitted for the treatment or other processing of infectious waste shall also comply with the requirements of 10 CSR 80- 7.010.

(2) Solid Waste Accepted.

(A) Requirement. In consultation with the department, the professional engineer and owner/operator shall determine what solid wastes shall be accepted and shall identify any special handling required. Only solid wastes for which the facility has been specifically designed and performance tested shall be accepted.

(B) Satisfactory ComplianceóDesign.

1. The plans shall identify the solid wastes to be accepted and the procedures for handling the various types of solid waste accepted. The solid wastes to be accepted shall be indicated on the Application for Operating Permit form. Storage areas for accepted solid wastes shall be designated in the plan.

2. Provisions for storing, handling and removing solid wastes not to be accepted that are inadvertently left at the solid waste processing facility shall be considered in the design. Storage areas for solid wastes not to be accepted shall be designated in the plan.

3. At the request of the department, performance tests shall be conducted to demonstrate the successful processing of certain solid wastes and the professional engineer shall submit a report to the department covering the results of the performance tests with a copy of all supporting data.

(C) Satisfactory ComplianceóOperation.

1. Storage areas shall be clearly marked.

2. Facility personnel shall be thoroughly trained in the handling of acceptable and unacceptable waste received at the solid waste processing facility.

3. The unloading of solid wastes should be supervised to exclude the unacceptable wastes.

4. A list of all solid wastes accepted for processing at the solid waste processing facility shall be posted at the entrance.

(3) Site Selection.

(A) Requirement. Site selection shall comply with local planning and zoning requirements.

(B) Satisfactory ComplianceóDesign.

1. Plans shall be prepared or approved by a professional engineer and shall include:

A. A map showing land use and zoning within one thousand feet (1000') of the solid waste processing facility including location of all residences, buildings and roads.

This map shall have a scale of not less than one inch (1") equals four hundred feet (400');

B. The location of utilities and the effects of the solid waste processing facility using the utilities with regard to capacity, loading, etc.; and C. The identity of the road(s) which will serve as the primary route(s) to the solid waste processing facility and the potential effect upon the road(s) from increased traffic volume and vehicle weights.

2. A report evaluating the effect of noise, odors, air pollutants and potential explosions or fires upon surrounding land uses shall be submitted to the department.

(4) Design.

(A) Requirement. Plans for the design, construction, operation or alteration of the solid waste processing facility shall be prepared or approved and sealed by a professional engineer. The plans shall be submitted to the department for review and approval.

(5) Water Quality.

(A) Requirement. All waters discharged from the solid waste processing facility shall be sufficiently treated to meet applicable water quality standards, including those established under the authority of the Federal Water Pollution Control Act, sections 644.006ñ644.141, RSMo and rules promulgated and under municipal or regional sewer discharge regulations.

(B) Satisfactory ComplianceóDesign.

1. Plans shall clearly define the area to be included within the permitted boundary.

2. Plans for a solid waste processing facility shall include provisions for control of surface water runoff.

3. The plans for the solid waste processing facility shall provide for collection of process and wastewaters for on-site treatment, recirculation or discharge.

4. The plans for the solid waste processing facility shall provide for the collection and cleanup of any accidental spillage of waste water that occurs on the facility site.

5. All applicable permits and approvals necessary to comply with requirements of the Missouri Clean Water Law and rules promulgated pursuant thereto shall be obtained from the department.

6. All waste transfer and processing activities shall take place beneath a roof so as to prevent precipitation from coming into contact with the waste being transferred or processed.

(C) Satisfactory ComplianceñOperation.

1. Waters discharged from the solid waste processing facility shall be appropriately monitored and necessary adjustment made to meet the applicable water quality standards.

2. In the event of an accidental spillage of wastewater, the departmentís Water Pollution Control Program shall be notified immediately.

3. Any accidental spillage of wastewater that occurs on the facility site shall be contained and cleaned up in accordance with the plans.

(6) Air Quality.

(A) Requirement. Emissions shall not exceed the standards established by chapter 643, RSMo and rules promulgated.

Rebecca McDowell Cook (7/31/97)

(B) Satisfactory ComplianceóDesign. The application shall containó 1. All applicable permits and approvals to comply with the requirements of the Air Pollution Law and rules promulgated; or 2. The application shall contain copies of all applicable permits or approvals and authorizations from a local air pollution control agency operating under an exemption certificate authorized by Chapter 643, RSMo and the rules promulgated pursuant thereto.

(C) Satisfactory ComplianceóOperations.

Emissions from the solid waste processing facility shall be appropriately monitored and necessary adjustment made to meet applicable air quality standards in accordance with

Chapter 643, RSMo and rules promulgated.

(7) Vectors.

(A) Requirement. Conditions shall be maintained that are unfavorable for the harboring, feeding and breeding of vectors.

(B) Satisfactory ComplianceóDesign. Solid waste processing facilities shall be designed for ease of cleaning. Areas favorable for breeding of vectors shall be avoided.

(C) Satisfactory ComplianceóOperation.

1. A housekeeping schedule shall be established and maintained. As a minimum the schedule should provide foró A. Cleaning, unloading and loading areas as spillages occur;

B. Containerization of putrescible waste at the end of each working day, unless otherwise approved by the department. No solid waste processing facility shall store putrescible waste for longer than twenty-four (24) hours on-site; and C. Routinely cleaning the remainder of the solid waste processing facility.

2. Vector control contingency programs shall be implemented when necessary to prevent or rectify vector problems.

(8) Aesthetics.

(A) Requirement. The solid waste processing facility shall be designed and operated at all times in an aesthetically acceptable manner.

(B) Satisfactory ComplianceóDesign. All solid waste processing facilities shall be designed to screen from public view the unloading, storage and processing of solid waste.

(C) Satisfactory ComplianceóOperation.

1. A routine housekeeping and litter removal schedule shall be established and implemented so that the solid waste processing facility regularly presents a neat and clean appearance. The litter shall be picked up at least daily.

2. Non-putrescible solid waste that cannot be processed by the solid waste processing facility shall be removed from the facility at least weekly and hauled to a solid waste processing facility or solid waste disposal area that has a permit to accept waste.

3. Immediate action is to be taken to eliminate odors, dust or excess noise from the solid waste processing facility which is creating a nuisance.

4. Solid waste shall not be accepted at the solid waste processing facility if the available storage capacity is full or the facility is expected to be out of operation for more than twenty-four (24) hours.

(9) Residue and Processed Solid Waste.

(A) Requirement. Residue or processed solid waste from a solid waste processing facility shall be disposed of in an environmentally acceptable manner.

(B) Satisfactory ComplianceóDesign. A solid waste processing facility shall be designed to allow for removal of residue or processed solid waste in a manner that protects the environment.

(C) Satisfactory ComplianceóOperation.

1. Residue or other processed solid waste not to be recycled or recovered shall be disposed of in a solid waste disposal area that has a permit to accept the waste.

2. Materials for recycling or resource recovery from a solid waste processing facility shall be properly stored to prevent vector or aesthetic problems or transported to another solid waste processing facility for further processing or sale.

3. Transportation of residue or processed solid waste shall be by means that prevent the material from sifting, falling, leaking or blowing from the vehicle.

(10) Safety.

(A) Requirement. Solid waste processing facilities shall be designed and operated and maintained in a manner to protect the health and safety of personnel associated with the operation.

(B) Satisfactory ComplianceóDesign.

1. Attention shall be given to the safety of operators and vehicles through the provision of safety devices.

2. Provisions shall be included where applicable to control dust for safety and health of operating personnel.

3. The plans shall specify the facilities and methods to be provided for extinguishing fires.

(C) Satisfactory ComplianceóOperation.

1. Personal safety devices, including but not limited to, hard hats, safety glasses and shoes shall be utilized by all persons on the premises where needed.

2. The safety devices and controls provided in the design plans shall be maintained in good operating condition and replaced when needed.

3. Salvaging shall be prohibited unless the solid waste processing facility has adequate provision in the design for these activities.

4. Access to the solid waste processing facility shall be controlled by fencing or other suitable means to limit accessibility to periods when responsible operating personnel are on duty.

5. A fire extinguisher shall be provided on all solid waste handling equipment.

6. Provisions shall be made to extinguish any fires in wastes being delivered to the solid waste processing facility or which occur at the solid waste processing facility or within equipment or personnel facilities.

(11) Records.

(A) Requirement. The owner/operator of a solid waste processing facility shall maintain records and monitoring data as specified by the department. The records and data shall be provided to the department upon request.

(B) Satisfactory ComplianceóDesign.

Plans shall prescribe the records and methods of monitoring the operation of the solid waste processing facility that are desirable for proper and efficient operation.

(C) Satisfactory ComplianceóOperation.

Records shall be maintained covering at least the following:

1. The actual or estimated quantity of solid waste received on each day;

2. Major operational problems, complaints or difficulties; and 3. Vector, odor, dust and litter control efforts.

Supp. 1996). Original rule filed Dec. 11, 1973, effective Dec. 21, 1973. Amended:

Filed July 14, 1986, effective Jan. 1, 1987.

Amended: Filed Jan. 29, 1988, effective Aug. 1, 1988. Amended: Filed Aug. 15, 1988, effective Dec. 29, 1988. Amended: Filed March 17, 1992.** Emergency rescission of the 1992 amendment filed March 19, 1997, effective April 1, 1997, expired Sept. 27, 1997. Amended: Filed Oct. 10, 1996, effective July 30, 1997. Rescission of the 1992 amendment filed April 3, 1997, effective Aug. 30, 1997. **The Missouri Supreme Court in Missouri Coalition for the Environment, et al., v.

Joint Committee on Administrative Rules, et 4CODE OF STATE REGULATIONS (7/31/97) Rebecca McDowell Cook al., Case No. 78628, dated February 25, 1997, ordered the secretary of state to publish this amendment. The Missouri Department of Natural Resources subsequently filed an emergency rescission of this amendment as well as a proposed rescission of this amendment which became effective August 30, 1997. See the above authority section for filing dates.

Rebecca McDowell Cook (7/31/97)

**History**
- *AUTHORITY: section 260.225, RSMo (Cum.*

### **Chapter 6** Local Solid Waste Management

##### **10 CSR 80-6.010** Local Solid Waste Management {#sec-10-csr-80-6.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-6.010}

(Rescinded February 28, 2019)

Rescinded: Filed June 7, 2018, effective Feb. 28, 2019.

**History**
- *AUTHORITY: sections 260.215, 260.220 and 260.225, RSMo Supp. 1987. Original rule filed Jan. 29, 1988, effective Aug. 1, 1988.*

### **Chapter 7** Infectious Waste Management

##### **10 CSR 80-7.010** Infectious Waste Management {#sec-10-csr-80-7.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-7.010}

PURPOSE: This rule pertains to the management and treatment of infectious waste.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive.

This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) Applicability.

(A) Definition. Infectious waste means waste capable of producing an infectious disease because it contains pathogens of sufficient virulence and quantity so that exposure to the waste by a susceptible human host could result in an infectious disease. These wastes include isolation wastes, cultures and stocks of etiologic agents, blood and blood products, pathological wastes, other contaminated wastes from surgery and autopsy, contaminated laboratory wastes, sharps, dialysis unit wastes, discarded biological materials known or suspected to be infectious; provided, however, that infectious waste does not mean waste treated to department specifications.

1. For the purposes of this chapter, a generator means any single office (doctor’s office, dentist’s office, and the like) or facility (hospital, nursing home, mortuary, and the like), whose act or process first causes an infectious waste. For purposes of tracking and fees, a transfer station permitted as an infectious waste processing facility becomes the generator when the infectious waste is transported for further processing.

2. Small quantity generators, i.e., persons generating one hundred kilograms (100 kg) or less per month of infectious waste, shall refer to 19 CSR 20-20.010 for the Department of Health definition of those categories of waste to be managed as an infectious waste.

3. Except as provided in paragraph (1)(A)2. of this rule, infectious waste shall include the following wastes from specific and non-specific sources:

A. Isolation wastes. Wastes generated by patients who have communicable diseases which are capable of being transmitted to others via those wastes;

B. Contaminated surgical, dialysis and laboratory wastes. Wastes generated by surgery, dialysis and laboratory departments in the process of caring for patients who have communicable diseases which are capable of being transmitted to others via those wastes;

C. Cultures and stocks of infectious agents and associated biologicals. Cultures and stocks of infectious agents shall be designated as infectious waste when discarded because of the high concentrations of pathogenic organisms typically present in these materials. Included in this category are all cultures and stocks of infectious organisms as well as culture dishes and devices used to transfer, inoculate and mix cultures;

D. Blood and blood products. All discarded human blood and blood products, including serum, plasma and other components known or suspected to be contaminated with a transmissible infectious agent; except that the term “blood products” does not include patient care waste such as bandages or disposable gowns that are lightly soiled with blood or other body fluids, unless such wastes are soiled to the extent that the generator of the wastes determines that they should be managed as infectious wastes;

E. Pathology wastes. These wastes include tissues, organs, body parts and body fluids that are removed during surgery and autopsy. All such wastes shall be considered infectious waste. Also included are animal carcasses, body parts and bedding from animals contaminated with infectious agents capable of being transmitted to a human host.

Nothing in this section shall supersede the disposal requirements for dead animals as set forth in Chapter 269, RSMo; and F. Sharps. Discarded sharps, including hypodermic needles, syringes and scalpel blades. Broken glass or other sharp items that have come in contact with material considered infectious by definition are also included.

(B) Disposal of Infectious Waste. All sharps shall be packaged in rigid, leak-resistant and puncture-resistant containers and sealed prior to disposal.

1. Infectious waste treated to render it innocuous may be disposed as a solid waste provided the treater certifies to the transporter, if other than the generator, and certifies to the sanitary landfill operator or processing facility operator that the waste has been rendered innocuous as required by section 260.203, RSMo. (Note: Treated infectious waste is not required to be transported in accordance with the requirements of section (4) of this rule.)

2. Certification of treated infectious waste, at a minimum, shall contain the following information: the name, mailing address, location (when different from the mailing address) and phone number of the office/facility treating the infectious waste; the printed name and the signature of the facility/office manager or person responsible for the treatment process; a brief description of the treated waste (sharps in metal containers, sharps in heavy gauge plastic containers, incinerator ash, laboratory wastes in autoclave bags); and a brief description of the method(s) of treatment (for example, steam sterilization, incineration, disinfection with bleach solution). In addition to these minimum requirements, the generator need only include a statement that the waste has been managed in accordance with the Missouri Solid Waste Management Law and rules and may legally be placed in a sanitary landfill.

The certification shall be revised when changes in the operation of the office/facility result in a change to the information required by this paragraph.

3. In addition to the requirements of paragraphs (1)(B)1. and 2. of this rule, incinerator residue from a permitted infectious waste processing facility shall be considered to be a special waste. and handled accordingly. Prior to departmental approval, and at a minimum, every six (6) months after that, the incinerator residue shall be tested for hazardous waste characteristics as per 40 CFR

part 261 subpart C, as incorporated in 10 CSR 25-4.261, as applicable.

(C) Exemptions.

1. Any person who treats infectious waste generated on-site to render the waste innocuous or a hospital exempted from the requirements of a permit in paragraph (1)(C)5. of this rule may dispose of the treated waste as specified in subsection (1)(B) of this rule.

2. This rule shall not apply to generators of infectious waste at a single-family residential premise or a single-family dwelling unit provided those wastes are generated on-site and disposed with the generator’s residential solid waste and provided sharps are packaged as required in subsection (1)(B) of this rule.

3. A person generating one hundred (100) kg or less per month of infectious waste as defined by 19 CSR 20-20.010 and who transports his/her own infectious waste for processing is exempt from the transportation and fee requirements of this rule, except that the vehicle used for transport of the infectious waste shall be a closed and secured vehicle.

4. A generator of infectious waste who operates a single or multiple site research facility for research and experimental activities as defined in section 174 of the 1986 Internal Revenue Code, who generates such waste as a part of research and experimentation activities, who manages such waste onsite and who accepts no infectious waste from off-site, is exempt from the infectious waste processing facility permit requirements of this rule. The generator may accept infectious waste from other sites of the parent research company located in Missouri but shall not accept infectious waste from other sources and shall comply with all other requirements and provisions of the Missouri Solid Waste Management Law and the rules and regulations promulgated thereunder. The University of Missouri Ellis Fischel Cancer Center and the other facilities of the University of Missouri-Columbia shall be considered a multiple site research facility for the purposes of this rule.

5. Hospitals. Hospitals as defined in

section 197.020, RSMo are exempted from the infectious waste processing facility requirements of this rule as long as all infectious waste generated, managed and treated on-site is done so in accordance with requirements established in 19 CSR 30-20.021 and no infectious waste is accepted from off-site for treatment except as specified in this paragraph.

A. Hospitals as defined in Chapter 197, RSMo may accept infectious waste for treatment from generators of one hundred kilograms per month (100 kg/month) or less and from other hospitals as defined in Chapter 197, RSMo and located in Missouri without being required to obtain a solid waste processing facility construction and operating permit or a solid waste processing facility construction and operating permit for the treatment of infectious waste except as provided in 19 CSR 30-20.021. Hospitals may accept infectious waste from those generators as provided by 260.203.9, RSMo upon approval of the Department of Natural Resources and the Department of Health. A notice of intent to accept the waste for treatment shall be hand delivered or sent by certified mail to the Department of Natural Resources and to the Department of Health.

Failure of either department to respond to such a request by issuing a certification of approval or a denial within ninety (90) days constitutes approval. The request for approval shall include a report containing at a minimum the following information:

(I) A copy of the infectious waste management plan for the handling and treatment of infectious waste as required by 19 CSR 30-20.021;

(II) A clause that infectious waste shall be accepted at the hospital only if it is properly packaged and labeled in accordance with section (2) of this rule;

(III) A clause that infectious waste shall only be accepted as provided by section 260.203.9, RSMo. The report shall include a summary of the system utilized to track the quantity by weight of infectious waste received per month by generator; and (IV) A summary of the system utilized to track the quantity by weight of infectious waste treated per hour and per month.

B. Hospitals as defined in Chapter 197, RSMo and located in Missouri that transport their own infectious waste for processing are exempt from the transportation and fee requirements of this rule provided the infectious waste is transported using the hospital’s employees and vehicles to a hospital as provided in paragraph (1)(C)5. of this rule or to an infectious waste processing facility and provided the vehicle used to transport the infectious waste is a closed and secured vehicle.

C. Hospitals accepting infectious waste for treatment from the following sources are required to obtain a solid waste processing facility construction and operating permit for operation of an infectious waste processing facility as provided in sections 260.200–260.345, RSMo and 10 CSR 80- 2.020, 10 CSR 80-5.010 and 10 CSR 80- 7.010:

(I) Generators of more than one hundred kilograms per month (100 kg/month), except other Missouri hospitals;

(II) Other hospitals not located in Missouri; and (III) Off-site in quantities as provided in 19 CSR 30.

6. Pharmacies, as defined in Chapter 338, RSMo, and home health agencies, as defined in Chapter 197, RSMo, are exempt from the infectious waste processing facility permitting requirements of this rule provided that the only waste accepted is single dose hypodermic units presented in person by small quantity generators as defined by paragraph (1)(A)2. of this rule. Pharmacies and home health agencies operating under this exemption shall be limited to a maximum of ten (10) kilograms of infectious waste on-site at any time and process no more than one hundred (100) kg of infectious waste per month. All waste received under this exemption must be managed in accordance with this

rule.

7. For the purpose of this rule, a person working on behalf of a home health agency and who transports infectious waste from the patient's residence to the agency (as a central collection point) will be considered an extension of that agency and exempt from the transportation and fee requirements of this

rule, except that the vehicle used for transport of the infectious waste shall be a closed and secured vehicle.

(2) Packaging of Infectious Waste. Prior to transport, all infectious waste shall be placed in rigid or semi-rigid, leak-resistant containers clearly marked with the universal biohazard symbol prominently displayed and labeled Infectious Waste or Biohazard Waste and sealed. All containers shall be closed in such a manner as to completely contain all waste and the outside of the container shall be kept free of contamination. For the purpose of this

rule, leak-resistant containers are defined as containers that are closable with a tight fitting lid and are leakproof on the bottom and sides.

Containers meeting the requirements of 29 CFR 1910.1030 are acceptable.

(A) Plastic bags. Plastic bags shall be tear resistant and leak resistant. Plastic bags shall not be used as primary containers for transportation of infectious waste. Infectious waste contained in plastic bags shall be placed within rigid or semi-rigid containers prior to transport.

(B) Sharps containers. Sharps shall be packaged in rigid, leak-resistant and puncture-resistant containers and sealed.

(C) Glass Containers. Glass containers shall not be used as primary containers for transportation of infectious waste. Glass containers must be placed into a rigid or semirigid leak-resistant container and protected from breakage.

(D) Reusable containers. Reusable containers shall be constructed of either heavy wall plastic or noncorrosive metal. Each container shall be cleaned and sanitized before it is reused.

(3) Tracking Documents.

(A) Generators. The generator of infectious waste that is to be transported to a permitted infectious waste processing facility shall— 1. Prepare tracking documents which shall include, at a minimum, the following information:

A. The printed or typed name, mailing address, location (when different from the mailing address) and telephone number of the generator;

B. The printed or typed name and address of the designated facility which is permitted to process the waste. The name and address of an alternate facility may also be 4CODE OF STATE REGULATIONS (1/29/19) JOHNR. ASHCROFT designated to which the waste may be transported in the event an emergency prevents delivery of the waste to the primary designated facility;

C. The printed or typed name, address and Missouri Transporter identification number of the transporter’s company, if other than the generator;

D. The quantity, in volume or weight, of waste to be transported;

E. A name and signature block for the transporter, if other than the generator; and F. A name and signature block for the receiving facility;

2. Sign the tracking document by hand.

The name of the generator signing the document shall also be printed or typed on the tracking document;

3. Obtain the handwritten signature of the transporter, if other than the generator, and date of acceptance on the tracking document. The name of the transporter signing the document shall also be printed or typed on the tracking document;

4. Retain one (1) copy of the tracking document with the signatures required in this subsection; and 5. Give the transporter the remaining copies of the tracking document.

(B) Transporters.

1. A transporter shall not accept infectious waste from a generator unless it is accompanied by a tracking document completed in accordance with the requirements of subsection (3)(A) of this rule.

2. Before transporting the infectious waste, the transporter, if other than the generator, shall sign and date the tracking document acknowledging acceptance of the waste from the generator. The name of the transporter signing the document shall also be printed or typed on the tracking document.

3. The transporter shall ensure that the tracking document accompanies the infectious waste.

4. A transporter who delivers infectious waste to the designated facility shall— A. Obtain the date of delivery and the handwritten signature of an authorized agent of the designated facility on the tracking document. The name of the authorized agent signing the document shall also be printed or typed on the tracking document;

B. Retain one (1) copy of the tracking document which has been completed as required by subsections (3)(A) and (B) of this

rule; and C. Provide a copy of the tracking document to the accepting facility.

5. A transporter shall deliver the entire quantity of infectious waste which s/he has accepted from a generator to— A. The designated facility; or B. The alternate designated facility if the waste cannot be delivered to the designated facility because an emergency prevents delivery.

6. If the infectious waste cannot be delivered in accordance with paragraph (3)(B)5. of this rule, the transporter shall contact the generator for further directions and shall revise the tracking document according to the generator’s instructions.

(C) Processing Facility.

1. A facility shall not accept infectious waste which is not accompanied by a tracking document completed in accordance with subsections (3)(A) and (B) of this rule.

2. Upon receipt of infectious waste, an authorized agent of the facility shall— A. Sign and date the accompanying tracking document. The name of the authorized agent signing the document shall be printed or typed on the tracking document; and B. Note any significant discrepancies in the tracking document on each copy of the document.

3. An infectious waste processing facility permitted for the treatment of infectious waste shall record on the tracking document the date the shipment is treated.

4. An infectious waste processing facility permitted as an infectious waste transfer station shall record on the tracking document the date the shipment is transported for further processing.

5. Within thirty-five (35) days after the date the waste was accepted by the transporter, the processing facility shall send a copy of the completed tracking document to the generator.

6. A transfer station shall initiate a tracking document as generator prior to transporting infectious waste shipments for further processing and shall comply with the generator requirements of this rule.

(4) Transportation of Infectious Waste.

Except as provided by paragraph (1)(C)3. and subparagraph (1)(C)5.B. of this rule, infectious waste shall only be transported from the point of generation by transporters who are licensed by the department in accordance with 10 CSR 25-6.263(2)(A)3. Sharps, as defined previously in subparagraph (1)(A)3.F. of this rule, in addition to the provisions of this section and paragraph (1)(C)3. of this rule, may be transported for treatment by the United States Postal Service, provided that the requirements of 39 CFR 111 are met.

The standards for transporters shall be defined in 10 CSR 25-6.263 with the following exception: 49 CFR 172.101 and 49 CFR 173.386–173.388, which are incorporated by reference in 10 CSR 25-6, are not applicable to wastes defined in this chapter. In addition, vehicles that transport infectious waste shall be closed and secured vehicles, shall be cleaned and sanitized following leakage or spills and shall be cleaned and sanitized prior to using the vehicle for any other purpose.

Any infectious waste transferred from the premises of the generator unless exempted by paragraph (1)(C)2. of this rule shall be taken to a hospital as provided in paragraph (1)(C)5. of this rule, an infectious waste processing facility permitted by the department or to an out-of-state facility. Infectious waste shall be managed in accordance with the laws and regulations of any state and local government in which jurisdiction it is transported, treated/processed or disposed.

(5) Permitted Infectious Waste Processing Facility. This section sets forth requirements for solid waste processing facilities permitted for the treatment or other processing of infectious waste. A report shall be submitted to the department containing plans, as defined in 10 CSR 80-2.010, addressing the requirements of sections 260.200-260.345, RSMo and 10 CSR 80.

(A) Treatment Facility. An infectious waste processing facility permitted for the treatment of infectious waste means a facility that has received a solid waste processing facility permit as provided in sections 260.200-260.345, RSMo and 10 CSR 80-2.020, 10 CSR 80- 5.010, and this rule. The solid waste processing facility construction and operating permit shall specifically allow for the treatment of infectious waste as provided by this rule. Two (2) treatment technologies are approved for the treatment of infectious waste by permitted facilities—incineration and steam sterilization. Chemical sterilization and other types of treatment may be approved by the department on a case-by-case basis.

1. Permitted infectious waste incinerators shall be multi-chambered and be designed to provide complete combustion for the type of waste introduced into the incinerator. The incinerator shall achieve a minimum temperature of one thousand eight hundred degrees Fahrenheit (1800 °F) in the secondary chamber with a minimum retention time of one-half (1/2) second in the secondary chamber. Automatic controls that lock out the load system if the secondary chamber is not up to the minimum temperature and automatic, continuous temperature recording charts for the secondary chamber shall be equipped on the incinerator and utilized during any infectious waste treatment process.

A. The operator shall visually inspect each batch of ash from batch-type ash removal systems prior to disposal. The operator shall visually inspect the ash from continuous ash removal systems a minimum of once per hour during operation.

B. Any partially combusted organic materials observed will be noted in the facility log. The facility manager shall be notified and corrective action taken. The corrective action and new ash observations shall be noted in the facility log.

C. Amount of waste treated each hour shall be recorded in the facility log by weight.

D. The plans shall include a statement quantifying the maximum amount, by weight, of infectious waste to be accepted each month.

E. The plans shall contain procedures for the handling of spills during unloading, storage, and processing of the infectious waste, and the plan will be implemented immediately upon discovery of any spill.

F. A solid waste technician trained in the handling of infectious waste and in the operation of the incinerator shall be on-site during any treatment process. Evidence of training shall be maintained on-site. The plans shall contain an outline of the training, including the name and qualifications of the person(s) providing the training.

2. Steam sterilization by permitted facilities using autoclaves is an acceptable means of treating infectious waste when operated at sufficient temperatures for adequate periods of time to kill infectious agents present in the waste. Automatic continuous time and temperature recording charts shall be utilized on each unit during operation. Units shall be operated according to manufacturer’s recommendations.

A. During initial operational testing, four (4) waste charges representing the maximum amount of waste to be processed in any charge shall be treated. Each charge shall contain all types of waste that are to be treated at the facility and shall be packaged as the waste will be packaged for treatment during normal operations. For each of the four (4) waste charges, three (3) biological indicators approved by the department (such as three (3) vials of Bacillus stearothermophilus), shall be placed inside separate containers of simulated waste (that is, sharps containers, autoclaveable bags), distributed throughout the waste charge prior to treatment, recovered after treatment, cultured, and analyzed. Any positive reading constitutes a failure of the treatment process and shall require corrective action and retesting in accordance with this subparagraph.

B. Each sterilizer shall be tested each week by placing one (1) department-approved biological indicator inside a waste container prior to treatment. The biological indicator shall be recovered, cultured, and analyzed. A positive indicator constitutes a failure of the treatment process. The sterilizer shall not be used to treat infectious waste until corrective action has been taken and results verified.

Upon completion of corrective action, the sterilizer shall be retested in accordance with subparagraph (5)(A)2.A. of this rule. Results of biological indicator tests and any corrective action shall be recorded in the facility log.

C. Amounts of waste treated each load shall be recorded in the facility log by weight.

D. Sharps that were treated by steam sterilization shall be packaged in rigid, leakresistant and puncture-resistant containers, and sealed prior to disposal.

E. Sharps that have been rendered innocuous by an approved method and that have been shredded so as not to pose a puncture hazard are not required to be transported, packaged, or stored in rigid, semi-rigid, leak-resistant or puncture-resistant containers. Such sharps may be disposed of in a sanitary landfill as a solid waste.

F. The plans shall include a statement quantifying the maximum amount, by weight, of infectious waste to be accepted each month.

G. The plans shall contain procedures for the handling of spills during unloading, storage, and processing of the infectious waste, and the plan will be implemented immediately upon discovery of any spill.

H. A solid waste technician trained in the handling of infectious waste and in the operation of the steam sterilizer shall be onsite during any treatment process. Evidence of training shall be maintained on-site. The plans shall contain an outline of the training, including the name and qualifications of the person(s) providing the training.

(B) Transfer Stations. To facilitate consolidation of shipments prior to further transport, infectious waste may be transported to a transfer station as defined in 10 CSR 80- 2.010. A solid waste processing facility permitted as a transfer station for infectious waste means a facility that has received a solid waste processing facility construction and operating permit as provided in sections 260.200–260.345, RSMo and 10 CSR 80- 2.020, 10 CSR 80-5.010, and this rule. The solid waste processing facility construction and operating permit shall specifically allow for the acceptance of infectious waste.

(C) Storage. Infectious waste at infectious waste processing facilities shall be placed in a storage area or processing area as approved by the department in the operational report and plans.

1. Processing area. Infectious waste at an infectious waste processing facility may be placed into the processing area provided the facility is operational and no infectious waste shall be stored in the processing area at the end of the operating day. For those facilities operating continuously, no infectious waste shall be kept in the processing area for more than twenty-four (24) hours.

A. The plans shall contain procedures for the handling of spills in the processing area.

B. The processing area shall have a floor sloped to drains connected to the sanitary sewage system or a collection device.

C. The processing area shall be clearly posted INFECTIOUS WASTE PROCESS- ING AREA, or BIOHAZARD WASTE PROCESSING AREA, or BIOHAZARD, AUTHORIZED PERSONNEL ONLY and shall display the universal biohazard symbol.

Access shall be restricted and limited to authorized personnel.

2. Storage area. Infectious waste at an infectious waste processing facility may be placed into a storage area approved by the department provided the storage area meets the following minimum requirements:

A. For a storage area where infectious waste will be stored for 24 hours or less, the storage area shall be a locked, vermin-free, dry area, and not be used for any other purpose;

B. For a storage area where infectious waste will be stored for more than twentyfour (24) hours, but no more than seventytwo (72) hours, the storage area shall be a refrigerated, locked, vermin-free, dry area, and not be used for any other purpose;

C. The plans shall contain procedures for the handling of spills in any storage areas;

D. The storage area shall have a floor with a perimeter curb. The floor shall slope to a drain connected to the sanitary sewage system or a collection device. The perimeter curb shall be capable of containing potential spills and shall be designed to facilitate cleaning of the storage area; and E. The storage area shall be clearly posted INFECTIOUS WASTE STORAGE AREA, or BIOHAZARD WASTE STOR- AGE AREA, or BIOHAZARD, AUTHO- RIZED PERSONNEL ONLY and shall display the universal biohazard symbol. Access shall be restricted and limited to authorized personnel.

(D) Fees. Any person who transports infectious waste to a permitted infectious waste processing facility shall pay a fee on any infectious waste so delivered as provided 6CODE OF STATE REGULATIONS (1/29/19) JOHNR. ASHCROFT in sections 260.200–260.345, RSMo. A person generating one hundred kilograms (100 kg) or less of infectious waste per month and hospitals as defined in section 197.020, RSMo and located in Missouri are exempt from the fees requirement of this rule provided the infectious waste is transported using the generator’s employees and vehicles.

1. An infectious waste processing facility shall collect a fee of two dollars per ton ($2/ton) of infectious waste delivered to the facility.

2. Fees assessed by an infectious waste processing facility as provided in sections 260.200–260.345, RSMo shall be transmitted quarterly to the department within thirty (30) days of the end of each calendar quarter.

A quarterly report shall be submitted with the fees.

A. The quarterly report shall specify the quantity of infectious waste received during that calendar quarter that was subject to fees.

B. An authorized representative of the facility shall sign and date the report and certify that the submitted information is true, accurate, and complete for the quarterly accounting of infectious waste delivered to the facility and subject to fees.

(6) Record Keeping. All tracking documents, operating logs, quarterly fees reports, records, test results and process monitoring records shall be kept for a period of at least three (3) years. The period of record retention extends upon the written request of the department or automatically during the course of any unresolved enforcement action regarding the regulated activity. These records shall be made available for inspection by the department upon request.

Filed Aug. 15, 1988, effective Dec. 29, 1988.

Amended: Filed June 3, 1993, effective Jan. 31, 1994. Amended: Filed Oct. 10, 1996, effective July 30, 1997. Amended: Filed Dec. 15, 1997, effective Aug. 30, 1998. Amended:

Filed June 7, 2018, effective Feb. 28, 2019. *Original authority: 260.203, RSMo (1986), amended 1988, 1992, 1993 and 260.225, RSMo (1972), amended 1975, 1986, 1988, 1990, 1993, 1995, 2015.

**History**
- *AUTHORITY: sections 260.203 and 260.225, RSMo 2016. Original rule filed Oct. 15, 1987, effective March 25, 1988. Amended:*

### **Chapter 8** Scrap Tires

##### **10 CSR 80-8.010** Waste Tires—First-Stage Permits {#sec-10-csr-80-8.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-8.010}

(Rescinded December 30, 1997)

RSMo (Cum. Supp. 1990). Emergency rule filed Dec. 21, 1990, effective Jan. 1, 1991, expired April 30, 1991. Original rule filed Dec. 21, 1990, effective July 8, 1991. Amended: Filed March 17, 1992.** Emergency rescission of the 1992 amendment filed March 19, 1997, effective April 1, 1997, expired Sept. 27, 1997. Rescission of the 1992 amendment filed April 3, 1997, effective Aug. 30, 1997. Rescinded: Filed April 16, 1997, effective Dec. 30, 1997. al.,Case No. 78628, dated February 25, 1997. See the above authority section for fil-

##### **10 CSR 80-8.020** Scrap Tire Collection Centers and End-User Registration {#sec-10-csr-80-8.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-8.020}

PURPOSE: This rule contains the requirements for scrap tire collection centers and end-user registration.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive.

This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) Definitions. Definitions for key words 260.200, RSMo. Additional definitions specific to this rule are as follows:

(A) A scrap tire collection center is a site where scrap tires are collected prior to being offered for recycling or processing and where fewer than five hundred (500) scrap tires are kept on-site at any time.

(B) A scrap tire is a tire that is no longer suitable for its original intended purpose because of wear, damage or defect.

1. A tire no longer suitable for its original intended purpose due to wear is a tire with exposed cord or tread depth less than two thirty-seconds of an inch (2/32") when measured in any major groove.

2. Any tire that is discarded with the intent of final disposal is also a scrap tire.

3. A cut tire, for the purposes of disposal in a permitted solid waste disposal area, is a scrap tire cut in half circumferentially; sidewalls removed from tread; or cut into at least three (3) parts with no part being larger than approximately one-third (1/3) of the original tire’s size.

4. A shredded or chipped tire, for the purposes of disposal in a permitted solid waste disposal area, is a scrap tire that has been reduced to parts no larger than that defined in the definition of a cut tire.

(C) A passenger tire equivalent (PTE), for the purposes of calculating the amount of tires, equals twenty (20) pounds.

(D) A scrap tire that has been reduced to parts no larger than one-half inch (1/2") nominal is not a scrap tire.

(2) General Requirements. Scrap tire collection centers shall— (A) Be used only for the proper and temporary storage of scrap tires to be removed for recovery or processing or for temporary storage at a permitted scrap tire processing facility or for permanent disposal at a permitted solid waste disposal area;

(B) Be in compliance with the requirements of the department’s Clean Water Law,

Chapter 644, RSMo, and implementing regulations; and (C) As a tire retailer or other business that generates scrap tires, use a scrap tire hauler permitted by the state of Missouri, except that businesses may haul such scrap tires without a permit, if such hauling is performed without any consideration (monetary or non-monetary compensation) and such business maintains records on the scrap tires hauled as required by section (5) of this rule.

(3) Applicability.

(A) Exemptions. The following are not regulated as scrap tire collection centers provided that pollution, a public nuisance, or a health hazard is not created and provided the tires are stored according to the requirements of section (4) of this rule:

1. A person collecting or storing less than twenty-five (25) scrap tires at any time;

2. Warranty tires or new defective tires stored by tire retailers and wholesalers prior to transit to the wholesaler or manufacturer for adjustment credit or return;

3. Tires that are to be reused without further processing as vehicle tires (reused for the original intended purpose) that are separated from scrap tires within thirty (30) days of receipt at a scrap tire collection center, provided these tires are stored in compliance with the requirements of section (4) of this

rule and are not stored outside for more than one (1) year;

4. Any new-tire retailer or new-tire wholesaler may hold more than five hundred (500) scrap tires for a period not to exceed thirty (30) days if such tires are stored according to requirements in section (4) of this rule;

5. Any person licensed as an auto dismantler and salvage dealer under Chapter 301, RSMo may store up to five hundred (500) scrap tires that have been cut, chipped or shredded, if such tires are only from vehicles acquired by him/her. Auto dismantlers and salvage dealers must arrange for the proper disposal of the scrap tires to take place within thirty (30) days and keep appropriate documentation of the disposal arrangements which shall be made available to the department upon request. In no case shall more than five hundred (500) scrap tires be stored for more than thirty (30) days unless the auto dismantler and salvage dealer is permitted as a scrap tire processor;

6. Retreadable tire casings held in inventory by tire retreaders for retreading that are stored separately from other scrap tires, provided these tires are stored in compliance with section (4) of this rule and provided they are not stored outside for more than one (1) year; or 7. Tires stored in conjunction with a department-approved or nonprofit cleanup if the scrap tires are stored for a period not to exceed thirty (30) days are exempt from this

rule.

(B) Underground storage of scrap tires requires a permit as a solid waste disposal area and compliance with the requirements of 10 CSR 80.

(4) Storage Requirements.

(A) Fire Protection. A scrap tire collection center shall comply with the fire protection requirements of this subsection.

1. The owner or operator of a scrap tire collection center shall provide written evidence from the local fire protection agency that indoor or outdoor storage of whole or processed scrap tires complies with the currently applicable local or state fire protection standards, or store scrap tires at least forty feet (40') from buildings and property lines where practical.

(B) Vector Control. Conditions shall be maintained that are unfavorable for the harboring, feeding, and breeding of vectors. If the method being used to control vectors is not effective, the owner/operator of the scrap tire collection center shall use an alternate method to correct the vector problem.

(5) Record Keeping Requirements (A) The owner/operator of a scrap tire collection center shall maintain records, on forms provided by or approved by the department for at least three (3) years. The period of record retention extends upon the written request of the department or automatically during the course of any unresolved enforcement action regarding the regulated activity.

The records shall be made available for inspection by the department or its designated representative upon request. Scrap tire collection centers shall also maintain records of vector control activities.

(B) The owner/operator of a scrap tire enduse facility shall maintain records pursuant to

section 260.270.3(5), RSMo.

RSMo 2016.* Original rule filed Jan. 3, 1991, effective July 8, 1991. Amended: Filed March 17, 1992.** Emergency rescission of the 1992 amendment filed March 19, 1997, effective April 1, 1997, expired Sept. 27, 1997. Rescission of the 1992 amendment filed April 3, 1997, effective Aug. 30, 1997.

Amended: Filed April 16, 1997, effective Dec. 30, 1997. Amended Filed Jan. 2, 2007, effective Sept. 30, 2007. Amended: Filed June 7, 2018, effective Feb. 28, 2019. 1975, 1986, 1988, 1990, 1993, 1995 and 260.270, RSMo 1990, amended 1995, 2002, 2005. **Missouri Supreme Court in Missouri al.,Case No. 78628, dated February 25, 1997. See the above authority section for fil-

##### **10 CSR 80-8.030** Scrap Tire Hauler Permits {#sec-10-csr-80-8.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-8.030}

PURPOSE: This rule sets forth requirements for obtaining a permit as a scrap tire hauler.

(1) Applicability.

(A) Definitions. Definitions for key words 260.200, RSMo and 10 CSR 80-8.020(1).

(B) Permit Exemptions. The following persons are not required to obtain a permit to haul scrap tires provided that pollution, a public nuisance or a health hazard is not created:

1. A person who does not haul for consideration (monetary or non-monetary compensation) or commercial profit;

2. A person hauling warranty tires or new defective tires to the retailer, wholesaler or manufacturer for adjustment credit or return; or 3. A person hauling scrap tires which have been generated at his/her own business or residence, provided that this transportation is done using his/her own employees and vehicles.

(2) Scrap Tire Hauler Permit Requirements.

(A) Permit Application. A person applying for a scrap tire hauler permit shall submit the following information to the Missouri Department of Transportation, Motor Carrier Service, PO Box 893, Jefferson City, MO 65102-0893.

1. A completed application form provided by the Missouri Department of Transportation.

2. Other information deemed necessary by the Missouri Department of Natural Resources and the Missouri Department of Transportation to ascertain compliance with sections 260.200 through 260.345, RSMo and implementing rules.

3. A nonreturnable scrap tire hauler permit fee in the amount of one hundred dollars ($100) shall be submitted with the completed application form and be in the form of a check or money order made payable to the Department of Natural Resources.

(B) Application Review, Approval, and Denial. The Missouri Department of Natural Resources and the Missouri Department of Transportation will review applications submitted under this rule. The Missouri Department of Transportation shall approve the application and issue a permit or deny the application.

(C) Permit Issuance, Suspension and Revocation. A scrap tire hauler permit issued pursuant to this rule is valid for a period of one (1) year unless suspended or revoked by the Missouri Department of Transportation. A scrap tire hauler permit may be revoked or suspended for noncompliance with the provisions of sections 260.200 through 260.345, RSMo or corresponding rules.

(3) Operating Requirements.

(A) Record Keeping.

1. During periods when a vehicle contains scrap tires, a scrap tire hauler shall maintain the current permit inside in the vehicle.

2. Record Keeping Requirements. A scrap tire hauler shall maintain tracking and summary reports on forms provided by or approved by the department. The tracking report(s) shall be filled out for each load delivered to an approved destination and include all applicable collection and receiver data. The reports shall be made available to the Department of Natural Resources upon request or at the time of an inspection.

3. All records shall be kept for at least three (3) years. The period of record retention extends upon the written request of the Department of Natural Resources or automatically during the course of any unresolved enforcement action regarding the regulated activity.

(B) Destination. A permitted scrap tire hauler shall transport scrap tires to— 1. A solid waste disposal area or transfer station permitted by the Department of Natural Resources;

2. A solid waste processing or scrap tire processing facility permitted by the Department of Natural Resources;

3. A scrap tire collection center;

4. A permit-exempt facility, provided the scrap tires are stored and/or processed in compliance with 10 CSR 80-8.050(5); or 5. Out-of-state (provided that transport and the final destinations are in compliance with the requirements of that state).

(C) Scrap tires sorted from used tires shall not be stored in excess of seven (7) consecutive days.

(D) Scrap tire haulers shall notify the Missouri Department of Natural Resources, Scrap Tire Unit and Missouri Department of Transportation, Motor Carrier Service within thirty (30) days of any change of address, phone number, type and number of vehicles, or destination of tires hauled.

Amended: Filed March 17, 1992.** Emergency rescission of the 1992 amendment filed March 19, 1997, effective April 1, 1997, expired Sept. 27, 1997. Rescission of the 4CODE OF STATE REGULATIONS (1/29/19) JOHNR. ASHCROFT 1992 amendment filed April 3, 1997, effective Aug. 30, 1997. Amended: Filed April 16, 1997, effective Dec. 30, 1997. Amended:

Filed Jan. 2, 2007, effective Sept. 30, 2007.

Amended: Filed June 7, 2018, effective Feb. 28, 2019. 1975, 1986, 1988, 1990, 1993, 1995, 2015; 260.270, RSMo 1990, amended 1995, 2002, 2005; and 260.278, RSMo 1995, amended 2005. al., Case No. 78628, dated February 25, 1997. See the above authority section for fil-

**History**
- *AUTHORITY: sections 260.225, 260.270, and 260.278, RSMo 2016. Original rule filed Jan. 3, 1991, effective July 8, 1991.*

##### **10 CSR 80-8.040** Waste Tire Site Permits {#sec-10-csr-80-8.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-8.040}

(Rescinded September 30, 2007)

RSMo Supp. 1996. Original rule filed Jan. 3, 1991, effective July 8, 1991. Amended: Filed March 17, 1992.** Emergency rescission of the 1992 amendment filed March 19, 1997, effective April 1, 1997, expired Sept. 27, 1997. Rescission of the 1992 amendment filed April 3, 1997, effective Aug. 30, 1997.

Amended: Filed April 16, 1997, effective December 30, 1997. Rescinded: Filed Jan. 2, 2007, effective Sept. 30, 2007. al., Case No. 78628, dated February 25, 1997. See the above authority section for fil-

##### **10 CSR 80-8.050** Scrap Tire Processing Permits {#sec-10-csr-80-8.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-8.050}

PURPOSE: This rule contains the requirements for scrap tire processing facility permits.

(1) Definitions. Definitions for key words 260.200, RSMo and 10 CSR 80-8.020. Additional definitions specific to this rule are as follows:

(A) A scrap tire processing facility is a site where tires are reduced in volume by shredding, cutting, buffing, chipping, baling, or otherwise altered to facilitate recycling, resource recovery, or disposal. A person who operates mobile or stationary scrap tire processing equipment is a scrap tire processing facility under this rule;

(B) A scrap tire site is a site at which five hundred (500) or more scrap tires are accumulated. No new scrap tire sites shall be permitted by the department after August 28, 1997, unless they are located at permitted scrap tire facilities ; and (C) A mobile scrap tire processor is a scrap tire processing operation that provides scrap tire removal services for the abatement of scrap tire sites, or for scrap tire collection centers by operating mobile scrap tire processing equipment at remote locations, and that does not store whole or processed scrap tires at any location at any time.

(2) General Requirements.

(A) This rule is intended to provide minimum requirements for operation of a scrap tire processing facility and a mobile scrap tire processor. If techniques other than those listed in this rule are to be used, it is the obligation of the owner/operator to demonstrate to the department in advance that the techniques to be employed satisfy the requirements.

Detailed processing facility and operational plans shall be submitted to the department in writing and approved by the department in writing prior to being employed. The techniques utilized shall not result in pollution, a public nuisance, or a health hazard.

(B) Scrap tire processing facilities and mobile scrap tire processors shall be in compliance with the requirements of the department’s Clean Water Law, Chapter 644, RSMo and implementing regulations.

(C) Permitted scrap tire processing facilities are to be used only for the proper and temporary storage of scrap tires.

(3) Applicability.

(A) Permit Exemptions. The following persons are not required to obtain a scrap tire processing permit provided that pollution, a public nuisance, or a health hazard is not created and provided the tires are stored according to the requirements of section (5) of this

rule:

1. Processing facilities with less than twenty-five (25) tires at the facility at all times;

2. Any collection center which exclusively processes scrap tires generated solely at the collection center, provided that the processing is done using the collection center’s employees and processing equipment and provided the processing takes place at the collection center where the scrap tires are generated; and 3. Any collection center that contracts with a permitted scrap tire processing facility for the processing and proper disposal of scrap tires generated solely at the collection center.

(B) Any scrap tire processing facility or mobile scrap tire processor not specifically exempted under subsection (3)(A) is required to be permitted under this rule.

(4) Scrap Tire Processing Facility Permit Application.

(A) A person desiring to establish, maintain, or operate a scrap tire processing facility shall submit an application to the department in triplicate hardcopies or one (1) electronic on forms provided by the department. Scrap tire processing facilities, as defined in section 260.200(38), RSMo and this rule, are not authorized to operate unless permitted by the department.

(B) An application for a scrap tire processing facility permit shall be sent to the Missouri Department of Natural Resources, Solid Waste Management Program, PO Box 176, Jefferson City, MO 65102-0176. The application shall consist of:

1. A completed Scrap Tire Processing Facility Permit Application form which will be provided by the department;

2. Detailed site plans and operational plans containing the information necessary to comply with the storage and record keeping requirements of this rule, including:

A. An estimate of the inventory of scrap tires that can be processed or used in six (6) months of normal and continuous operation. This estimate shall be based on the volume of tires processed or used by the facility in the last year, or the manufacturer’s estimated capacity of the processing equipment.

This estimate may be increased when new equipment is obtained by the owner of the facility and may be reduced if equipment used previously is removed from active use;

B. Topographic and boundary surveys prepared by a registered land surveyor showing contour intervals of ten feet (10') or less, having a scale of not less than one inch equals four hundred feet (1"=400'), and including all existing and proposed storage areas and structures;

C. A map showing the land use and zoning within five hundred feet (500') of the 6CODE OF STATE REGULATIONS (1/29/19) JOHNR. ASHCROFT property boundaries, including the location of all residences, buildings, utilities, and easements and having a scale of not less than one inch equals four hundred feet (1"= 400'); and D. Detailed plans containing the information necessary to comply with the closure requirements and financial assurance instrument requirements of this rule;

3. A contingency plan designed to minimize the hazards to human health and the environment from fires, runoff of contaminants resulting from fires and from mosquitoes in case of failure of the primary method of vector control. The contingency plan shall include, but not be limited to, the following items, as applicable:

A. The actions site personnel take in response to fires, runoff resulting from fires, and vector control;

B. An evacuation plan for site personnel in case of fire; and C. Evidence that the fire contingency plan has been provided to the local fire and police departments;

4. Plans for final disposition of the scrap tires;

5. Evidence of compliance with the department’s Clean Water Law, Chapter 644, RSMo, and implementing regulations;

6. Evidence of compliance with local zoning requirements;

7. Evidence of property ownership;

8. Explicit written authorization from the property owner, if different from the applicant, for land use for scrap tire storing and processing operations; and 9. Nonreturnable processing facility permit fee of two hundred dollars ($200). The fee shall be paid by certified check or money order made payable to the Missouri Department of Natural Resources.

(C) The applicant shall reimburse the department for all permit review costs incurred by the department up to a maximum of two thousand dollars ($2,000). The department will submit a bill to the applicant for review costs incurred after completion of the investigation of the original application. Payment must be received before the permit will be issued. Permit review costs include: permit application review time and costs associated with site visits.

(D) Application Review, Approval and Denial. The department will complete an investigation of the application to determine compliance with the requirements of sections 260.200–260.345, RSMo, and corresponding rules, and render a decision to the applicant.

When the investigation reveals that the scrap tire processing facility application either:

1. Complies with the provisions of sections 260.200–260.345, RSMo, and corresponding rules, the department will approve the application and issue a permit; or 2. Does not comply with the provisions of sections 260.200–260.345, RSMo, and corresponding rules, the department will issue a written denial to the applicant, including the reasons for denial.

(E) Permit Issuance, Suspension, Revocation and Modification.

1. A permit for a scrap tire processing facility will be issued to the owner/operator for the life of the facility.

2. A scrap tire processing facility permit may be revoked or suspended for noncompliance with the provisions of sections 260.200– 260.345, RSMo or corresponding rules.

3. The department may, at any time during the life of the permit, open and modify or alternately revoke the permit and require the permittee to comply with any currently applicable federal, state or local requirements.

(5) Storage Requirements.

(A) Fire Protection.

1. The owner or operator of a scrap tire processing facility shall provide written evidence from the local fire protection agency that indoor and outdoor storage of whole or processed scrap tires complies with the currently applicable local or state fire protection standards. Scrap tires stored outdoors must be at least forty feet (40') from buildings and property lines. Scrap tire piles shall not exceed one hundred feet (100') by fifty feet (50') by ten feet (10') high in size.

(B) Runoff Protection. Surface water drainage shall be diverted around and away from scrap tires.

(C) Location. Scrap tire processing facilities shall not be located in a wetland, sinkhole or floodplain (unless protected against at least the one hundred (100)-year design flood by impervious dikes or other appropriate means to prevent the flood waters from contacting the scrap tires).

(D) Site Control. Scrap tire processing facilities shall be fenced or enclosed or otherwise made restricted and include signage posted to prohibit unauthorized entry.

(E) Vector Control. Conditions shall be maintained that are unfavorable for the harboring, feeding, and breeding of vectors. If the method being used to control vectors is not effective, the owner/operator of the scrap tire processing facility shall use an alternative method to correct the vector problem.

(F) Inventory. The inventory of unprocessed scrap tires on the premises of the facility shall not exceed the amount that can be used in six (6) months of normal and continuous operation. This amount is based on the volume of tires used by the facility in the last year or the manufacturer’s estimated capacity of the equipment used by the facility. The inventory of processed scrap tires on the premises of the facility shall not be more than twice the amount of unprocessed tires allowed by this rule.

(6) Record Keeping Requirements. The owner/operator of a scrap tire processing facility shall maintain all records required by this rule for at least three (3) years. The period of record retention extends upon the written request of the department or automatically during the course of any unresolved enforcement action regarding the regulated activity. The records shall be made available for inspection by the department or its designated representative upon request and include at least the following:

(A) Major operational problems, complaints, and difficulties;

(B) On forms provided by or approved by the department, the number of tires received each week, number of tires removed to final disposition each week, final disposition of removed tires, and the name and permit number, if applicable, of each scrap tire hauler bringing tires to or removing tires from the facility. This information shall be summarized monthly; and (C) Records of Vector Control Activities.

The records shall include the following:

1. If the larvicide/adulticide is applied by a registered pest control company, the name of the company, and the date of application; or 2. If the larvicide/adulticide is not applied by a registered pest control company, type(s) of larvicide/adulticide utilized, amount utilized, and date applied.

(7) Closure, Financial Assurance.

(A) Exemptions. The following are not required to establish a closure plan and financial assurance instrument provided that pollution, a public nuisance or a health hazard is not created and provided the scrap tires are stored according to the requirements of section (5) of this rule:

1. Mobile scrap tire processors permitted by the department;

2. Scrap tire processing facilities permitted by the department, at which less than five hundred (500) scrap PTE are stored at any time.

(B) Closure Plan Requirements.

1. Plans for closure of the scrap tire processing facility shall include methods, time schedules, and cost estimates for removal of all scrap tires and site clean-up and restoration activities. The cost estimates for the amount of the financial assurance instrument shall be based upon the current costs of similar cleanups using data from actual scrap tire cleanup project bids received by the department to remediate scrap tire sites of similar size. The following shall be performed as a

part of closure of a scrap tire processing facility:

A. Removal and clean-up plans and cost estimates. Scrap tires shall be removed from the site and taken to a Missouri facility that has obtained applicable permits from the department or taken out-of-state (provided that transport and final destinations are in compliance with the requirements of that state) as well as all other solid waste so as to provide a pleasing appearance;

B. Site restoration plans and cost estimates. Removal of any contaminated soil, debris, residue, and/or placement of cover and establishment of vegetation in a manner as to minimize erosion, control drainage, and provide a pleasing appearance;

C. The owner/operator must demonstrate in the closure plan that the estimate represents the maximum closure costs at any time during the active operation of the scrap tire site; and D. The cost estimate(s) submitted with the closure plan shall contain an estimate in current dollars (based upon the current costs of similar cleanups using data from actual scrap tire clean-up project bids received by the department to remediate scrap tire sites of similar size) and an adjusted estimate for the succeeding five (5) years based on the projected rate of inflation. The rate of inflation used for this purpose is calculated by using the latest percent change in the Implicit Price Deflator for the Gross Domestic Product for the latest completed year, as determined by the United States Department of Commerce, Bureau of Economic Analysis. The adjusted cost estimate shall be used to determine the amount of the financial assurance instrument.

2. The owner/operator of a scrap tire processing facility shall notify the department in writing at least ninety (90) days prior to the date the owner/operator expects to begin closure and begin implementation of the closure plan within thirty (30) days after the closure date specified in the closure plan.

3. Owner/operators of a permitted scrap tire processing facility shall execute an easement with the department, which allows the department, its agents, or its contractors to enter the premises to complete work specified in the closure plan, to monitor or maintain the scrap tire site, or take remedial action.

This easement will be terminated upon proper closure of the site.

4. If changes in the design and/or operation of a scrap tire processing facility make modifications in the closure plans or cost estimates necessary, modified closure plans and cost estimates shall be submitted to the department for approval prior to implementation of the changes.

(C) Financial Assurance Requirements.

1. A permit will not be issued until financial assurance instruments as required by subsection (7)(C) of this rule have been submitted and approved by the department.

A. Increasing and decreasing financial assurance instruments. The following shall apply to all financial assurance instruments as specified in paragraph (7)(C)2. of this rule except the financial test, corporate guarantee, and insurance. When the estimated closure cost increases, the amount of the financial assurance instrument shall be adjusted to cover the increase in the cost estimate. The owner/operator shall increase the amount of the financial assurance instrument within one hundred eighty (180) days of the increase in the estimate and submit written evidence of the increase to the director or obtain other financial assurance as specified in paragraph (7)(C)2. of this rule to cover the increase. If the current closure cost decreases and the owner/operator has received written approval from the director of this decrease, the owner/operator may decrease the amount of the closure financial assurance instrument.

B. Release of closure financial assurance instruments. The department will inspect a permitted scrap tire processing facility when notified by the owner/operator that the closure plan has been implemented.

If the inspection reveals that the approved closure plan has been properly effected, the director shall authorize the release or proportional release of the financial assurance instrument submitted for closure and interest, if any.

C. Forfeiture of financial assurance instruments. If the owner/operator fails to properly implement the closure plan, the director will give written notice of the violation and order the owner/operator to implement the closure plan. If corrective measures approved by the director are not commenced within a specified and reasonable time, the director will order forfeiture of all or that

part of the owner/operator’s financial assurance instrument necessary to implement the closure plans. Any owner/operator aggrieved by a forfeiture order may appeal as provided in section 536.150, RSMo.

2. Financial assurance instruments. The requirements of subsection (7)(C) of this rule for financial assurance instrument(s) for closure may be satisfied by establishing a trust fund or escrow account, securing a financial guarantee bond or a performance bond, obtaining an irrevocable letter of credit, insurance, or a combination of these as outlined in 10 CSR 80-2.030(4)(D).

RSMo 2016.* Original rule filed April 16, 1997, effective Dec. 30, 1997. Amended:

Filed Jan. 2, 2007, effective Sept. 30, 2007.

Amended: Filed June 7, 2018, effective Feb. 28, 2019. 1975, 1986, 1988, 1990, 1993, 1995, 2015 and 260.270, RSMo 1990, amended 1995, 2002, 2005.

##### **10 CSR 80-8.060** Scrap Tire End-User Facility Registrations {#sec-10-csr-80-8.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-8.060}

(Rescinded August 30, 2018)

rule filed April 16, 1997, effective Dec. 30, 1997. Amended: Filed Jan. 2, 2007, effective Sept. 30, 2007. Rescinded: Filed Dec. 29, 2017, effective Aug. 30, 2018.

**History**
- *AUTHORITY: sections 260.225, RSMo 2000 and 260.270, RSMo Supp. 2006. Original*

### **Chapter 9** Solid Waste Management Fund

##### **10 CSR 80-9.010** Solid Waste Management Fund—Planning/Organizational Grants {#sec-10-csr-80-9.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-9.010}

##### **10 CSR 80-9.040** Solid Waste Management Fund—Financial Assistance for Waste {#sec-10-csr-80-9.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-9.040}

##### **10 CSR 80-9.050** Solid Waste Management Fund—District Grants RESOURCES MANAGEMENT {#sec-10-csr-80-9.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-9.050}

##### **10 CSR 80-9.010** Solid Waste Management Fund—Planning/ Organizational Grants {#sec-10-csr-80-9.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-9.010}

(Rescinded October 30, 2007)

Emergency rule filed Aug. 15, 1991, effective Aug. 25, 1991, expired Dec. 13, 1991. Original rule filed Aug. 15, 1991, effective Feb. 6, 1992.

Emergency amendment filed Sept. 15, 1993, effective Sept. 25, 1993, expired Jan. 22, 1994. Amended: Filed Sept. 15, 1993, effective May 9, 1994. Rescinded: Filed Jan. 5, 2007, effective Oct. 30, 2007.

**History**
- *AUTHORITY: sections 260.225 and 260.335, RSMo Supp. 1990.*

##### **10 CSR 80-9.020** Solid Waste Management Fund—Solid Waste Management Areas Original rule filed March 17, 1992.** Emergency rescission of the 1992 rule filed March 19, 1997, effective April 1, 1997, expired Sept. 27, 1997. Rescission of the 1992 rule filed April 3, 1997, effective Aug. 30, 1997. **The Missouri Supreme Court in Missouri Coalition for the Environment, et al., v. Joint Committee on Administrative Rules, et al., Case No. 78628, dated February 25, 1997, ordered the secretary of state to publish this rule. The Missouri Department of Natural Resources subsequently filed an emergency rescission of this rule as well as a proposed rescission on this rule which became effective August 30, 1997. See the above authority section for filing dates. {#sec-10-csr-80-9.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-9.020}

##### **10 CSR 80-9.030** Scrap Tire Grants {#sec-10-csr-80-9.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-9.030}

PURPOSE: This rule provides a statewide plan for the use of moneys received under section 260.273, RSMo.

(1) Statewide Plan.

(A) General. In combination with 10 CSR 80-9.035 Scrap Tire Cleanup Contracts, this is a statewide plan to implement section 260.273, RSMo.

(B) Goals. The goals of the statewide plan are to reduce the number of scrap tires produced and encourage sustainable scrap tire markets for reuse, remanufacturing, and reprocessing of scrap tires; divert the stream of scrap tires from being landfilled or illegally dumped; and mitigate the adverse public health, welfare and environmental impacts of illegal scrap tire sites.

(2) Grant Types. The department may provide grants not to exceed forty-five percent (45%) of the monies received under

section 260.273, RSMo, for the following grant types subject to financial resources, appropriations, eligibility requirements, and application priorities:

(A) Demonstration grants may be available to pay testing costs required to demonstrate the technical and economic feasibility of utilizing scrap tire materials in the manufacture of a product, as tire-derived fuel, or as a fuel supplement. Grants may also be available for end use as shock absorbing scrap tire playground, running track material, or other eligible end uses as approved by the department; and (B) Capital expenditure grants may be available for equipment to convert/modify existing facilities for the purpose of using scrap tires as a fuel or fuel supplement; or for equipment to convert or modify existing facilities to manufacture products made from scrap tires.

(3) Eligibility.

(A) This rule applies to any person located in Missouri involved in any activity funded under section (2) of this rule.

(B) Applications for activities that, in the department’s professional judgment, would cause a public nuisance or environmental, safety, or health hazards, will be disqualified.

(C) Grants will only be awarded for an activity which uses at least forty percent (40%) of its tires from Missouri scrap tire sites, retailers processors, or residents. The burden of proof shall be on the applicant to show that the eligibility requirements have been met.

(D) Grants will not be awarded to activities for projects that result in the landfilling of scrap tires.

(4) Application Requirements for Grants. An application shall— (A) Be completed on forms provided by the department and include all required documentation;

(B) Be received by the deadline established by the department to be eligible for funding; and (C) Include documentation to the department’s satisfaction that the use being proposed is an eligible use as described in sections (2) and (3) of this rule.

(5) Application Review and Evaluation. Applications will be reviewed for completeness and ranked according to the evaluation criteria established by the department with the advice of the Scrap Tire Advisory Group and in light of the goals as set forth in subsection (1)(B) of this rule.

(6) Grant Awards.

(A) Prior to award of funding, the recipient shall— 1. Provide verification to the department that all applicable federal, state, and local permits, approvals, licenses, or waivers required by law to implement the activity have been obtained or applied for; and 2. Enter into a financial assistance agreement issued by the department.

(B) Funds awarded by the department must be disbursed in accordance with the financial assistance agreement, the department’s general terms and conditions, special terms and conditions (if applicable), and applicable contracts.

(7) Costs and Record Keeping.

(A) All general and special terms and conditions of the department applicable to the activity will be applicable to recipients of awards made available by this chapter; and (B) Persons eligible to receive grants through this rule shall comply with the department’s reporting requirements, financial assistance agreements and contracts, general and special terms and conditions, as well as any applicable federal, state, and local laws, permits, approvals, licenses, or waivers necessary to implement the activity.

Amended: Filed Jan. 2, 2007, effective Sept. 30, 2007. Amended:

Filed April 13, 2018, effective Feb. 28, 2019. *Original authority: 260.225, RSMo 1972, amended 1975, 1986, 1988, 1990, 1993, 1995, (2/29/24) John R. Ashcroft MANAGEMENT RESOURCES 2015; 260.273, RSMo 1990, amended 1995, 1999, 2005, 2009, 2014; and 260.276, RSMo 1990, amended 1995, 2005, 2009.

**History**
- *AUTHORITY: sections 260.225, 260.273, and 260.276, RSMo 2016. Emergency rule filed Oct. 5, 1992, effective Nov. 4, 1992, expired March 3, 1993. Original rule filed Oct. 5, 1992, effective June 7, 1993. Amended: Filed April 16, 1997, effective Dec. 30, 1997.*

##### **10 CSR 80-9.035** Scrap Tire Cleanup Contracts {#sec-10-csr-80-9.035 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-9.035}

PURPOSE: This rule complies with section 260.276, RSMo which allows for any person, firm, corporation, state agency, charitable, fraternal, or other nonprofit organization to bid on a contract for resource recovery or nuisance abatement activities authorized under this section.

(1) General. This rule applies to any person involved in the activities set forth in this rule. The department shall fully or partially bid, in accordance with the terms and conditions of the state of Missouri Office of Administration’s bid process, contracts for removing and properly disposing of scrap tires that are stored in violation of the Solid Waste Management Law and implementing rules and/or to those that pose a public nuisance or a threat to the health or welfare of the public.

(A) Bid applications will be reviewed and ranked in accordance with the state of Missouri Office of Administration’s bid procedure authorized in Chapter 34, RSMo.

(B) Bids for cleanups will be awarded in accordance with state of Missouri Office of Administration’s contract award procedures authorized in Chapter 34, RSMo.

(C) Awarded bids will be ranked pursuant to the criteria set forth in section (3) of this rule.

(D) Cleanup Contract Payment and Records. Contractors shall be paid and records kept in accordance with the state of Missouri Office of Administration’s bid document terms and conditions.

(E) All cleanup contracts are subject to the department’s funding availability and appropriation.

(F) All scrap tire site cleanups must adhere to Best Management Practices (BMPs) for water pollution control as follows:

1. Erosion and sediment control.

A. Stabilize all high traffic areas, including entrance and exit areas, to minimize vehicle tracking.

B. Minimize run-on from adjacent properties through the use of diversion dikes, berms, or equivalent.

C. Trap sediment at down-gradient locations and outlets serving unstabilized areas. This may include filter fabric fences, sediment traps, vegetated swales or strips, diversion structures, retention/detention basins or equivalent;

2. Oil and grease.

A. Maintain equipment to prevent leaks and spills.

B. Use drip pans or other containment under equipment or around petroleum storage areas.

C. Have materials such as absorbent pads easily accessible to clean up spills and leakage.

3. Application of fertilizers, pesticides, and herbicides.

A. Observe all applicable federal, state, and local regulations when using these products.

B. Strictly follow recommended applications rates and methods (i.e., do not apply in excess of vegetative requirements).

C. Have materials such as absorbent pads easily accessible to clean up spills.

D. Properly dispose of all containers.

E. The use of petroleum products for vegetative control is prohibited;

4. Maintenance.

A. Conduct inspections of BMPs.

B. Perform preventative maintenance as needed on BMPs;

5. Provide employee training on proper handling and maintenance practices; and 6. Discharges shall not cause violations of the general criteria in the Water Quality Standards in 10 CSR 20-7.031(3).

(2) Eligibility. Any person, firm, corporation, state agency, charitable, fraternal, or other nonprofit organization may bid on a contract for each resource recovery or nuisance abatement activity.

(A) Vender Preference. In letting contracts for the performance of any job or service for the removal or cleanup of scrap tires under this chapter, the Department of Natural Resources shall follow sections 34.073, 34.076, and 260.279, RSMo.

(3) Nuisance Abatement and Resource Recovery Activities.

(A) The department shall give first priority to cleanup of illegal scrap tire sites owned by persons who present satisfactory evidence that such persons were not responsible for the creation of the nuisance conditions or any violations of sections 260.270 through 260.278, RSMo at the site. In evaluating whether a site qualifies for cleanup under this subsection, the department may consider:

1. The degree of responsibility or culpability of such persons for the creation or maintenance of the scrap tire site;

2. The extent to which such persons profited from the hauling, disposal, and/or storage of the scrap tires;

3. The extent to which such persons took steps to stop the illegal deposition of tires on the property;

4. The nature of such persons’ interest in the property on which the scrap tires were deposited; and 5. The degree of cooperation that such persons provide to the department in abating the scrap tire violations, including the willingness of such persons to allow timely access to the property to conduct any nuisance abatement or resource recovery activities.

(B) The department shall conduct resource recovery or nuisance abatement activities designed to reduce the volume of scrap tires or alleviate any nuisance condition at any site if the owner or operator of such a site fails to comply with the regulations under sections 260.270 through 260.278, RSMo, or if the site remains in violation of such statutes and rules. The department reserves all rights to recover all or a portion of the costs of cleanup from the property owner and any other parties responsible for creation of the scrap tire site except where the property owner presents evidence that such persons were not responsible for the creation of the nuisance conditions or any violations of sections 260.270 through 260.278, RSMo at the site.

(4) Any charitable, fraternal, or other nonprofit organization that voluntarily cleans up land or water resources may be reimbursed for properly disposing of scrap tires collected in the course of such cleanup. Funds will be allocated each year for these types of activities. The amount of funds allocated will depend on funding availability and amount of appropriations.

(A) A portion of the funds allocated will be available to any charitable, fraternal, or other nonprofit organization that wishes to clean up small, illegal, scrap tire sites in their area.

These funds will be awarded under the following conditions:

1. On a first-come-first-served basis;

2. The organization(s) shall receive written approval from the department prior to conducting the cleanup, state where they will dispose of the tires, and estimate the number of tires, RESOURCES MANAGEMENT and the associated disposal costs for which the organization plans to seek reimbursement from the department; and 3. Reimbursement shall be for disposal costs only.

(B) Another portion of the funds allocated will be available for tires picked up as incidental wastes by nonprofit groups which voluntarily clean up land or water resources and collect scrap tires in the course of such cleanup. These funds will be awarded under the following conditions:

1. On a first-come-first-served basis;

2. The organization(s) shall receive written approval from the department prior to conducting the cleanup. The organization(s) shall state where they will dispose of the tires and shall estimate the number of tires and the associated disposal costs for which the organization plans to seek reimbursement from the department; and 3. Reimbursement shall be for disposal costs only.

(5) The department reserves the right to deny funding under

section (4) to any charitable, fraternal, or other nonprofit organization if adequate funds are not available or if the requirements of this section are not met.

(6) The charitable, fraternal or other not-for-profit organization shall submit documentation (on forms provided by the department) of the number of tires picked up and disposed of before reimbursement will be approved or made.

Filed Jan. 2, 2007, effective Sept. 30, 2007. Amended: Filed April 13, 2018, effective Feb. 28, 2019. *Original authority: 260.225, RSMo 1972, amended 1975, 1986, 1988, 1990, 1993, 1995, 2015; 260.273, RSMo 1990, amended 1995, 1999, 2005, 2009, 2014; and 260.276, RSMo 1990, amended 1995, 2005, 2009.

**History**
- *AUTHORITY: sections 260.225, 260.273, and 260.276, RSMo 2016. Original rule filed April 16, 1997, effective Dec. 30, 1997. Amended:*

##### **10 CSR 80-9.040** Solid Waste Management Fund—Financial Assistance for Waste Reduction and Recycling Projects {#sec-10-csr-80-9.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-9.040}

(Rescinded August 30, 2018)

Emergency rule filed Aug. 4, 1992, effective Oct. 1, 1992, expired Jan. 28, 1993. Original rule filed Aug. 4, 1992, effective April 8, 1993. Amended: Filed Dec. 14, 1999, effective Aug. 30, 2000.

Rescinded: Filed Dec. 29, 2017, effective Aug. 30, 2018.

**History**
- *AUTHORITY: sections 260.225 and 260.335, RSMo Supp. 1999.*

##### **10 CSR 80-9.050** Solid Waste Management Fund—District Grants (Terminated October 24, 2023) {#sec-10-csr-80-9.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-9.050}

In the case of St. Louis—Jefferson Solid Waste Management District v. Department of Natural Resources, State of Missouri WD 85984, the court terminated 10 CSR 80-9.050, effective Oct. 24, 2023.

**History**
- *AUTHORITY: sections 260.225, RSMo 2000, and 260.335, RSMo Supp. 2006. Emergency rule filed Dec. 2, 1992, effective Dec. 12, 1992, expired April 11, 1993. Original rule filed Dec. 2, 1992, effective Aug. 9, 1993. Amended: Filed Dec. 14, 1999, effective Aug. 30, 2000. Amended: Filed Jan. 5, 2007, effective Oct. 30, 2007.*

### **Chapter 10** Statewide Solid Waste Management

##### **10 CSR 80-10.020** Procedures to Obtain Exemption For Plastic Bottle or Rigid Plastic Container Labeling {#sec-10-csr-80-10.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-10.020}

(Rescinded August 30, 1997)

Original rule filed March 17, 1992.** Emergency rescission of the 1992 rule filed March 19, 1997, effective April 1, 1997, expired Sept. 27, 1997. Rescission of the 1992 rule filed April 3, 1997, effective Aug. 30, 1997. **The Missouri Supreme Court in Missouri Coalition for the Environment, et al., v.

Joint Committee on Administrative Rules, et al., Case No. 78628, dated February 25, 1997, ordered the secretary of state to publish this rule. The Missouri Department of Natural Resources subsequently filed an emergency rescission of this rule as well as a proposed rescission on this rule which became effective August 30, 1997. See the above authority section for filing dates.

##### **10 CSR 80-10.040** Target Recycled Content Newsprint {#sec-10-csr-80-10.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-10.040}

(Rescinded August 30, 2018)

Filed Dec. 29, 2017, effective Aug. 30, 2018.

JOHNR. ASHCROFT(7/31/18)

**History**
- *AUTHORITY: section 260.255.2, RSMo Supp. 1990. Original rule filed Sept. 15, 1992, effective June 7, 1993. Rescinded:*

### **Chapter 11** Utility Waste Landfill

##### **10 CSR 80-11.010** Design and Operation {#sec-10-csr-80-11.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 80-11.010}

PURPOSE: This rule pertains to the design and operation of a utility waste landfill.

(1) General Provisions. This rule is intended to provide for utility waste landfill operations that will have minimal impact on the environment. The rule sets forth requirements and the method of satisfactory compliance to ensure that the design, construction and operation of utility waste landfills will protect the public health, prevent nuisances and meet applicable environmental standards. The requirement subsections contained in this rule delineate minimum levels of performance required of any utility waste landfill operation. The satisfactory compliance subsections are presented as the authorized methods by which the objectives of the requirements can be realized. The satisfactory compliance subsections are based on the practice of landfilling utility waste. If techniques other than those listed as satisfactory compliance in design or operation are used, it is the obligation of the utility waste landfill owner/operator to demonstrate to the department in advance that the techniques to be employed will satisfy the requirements. Procedures for the techniques shall be submitted to the department in writing and approved by the department in writing prior to being employed. Notwithstanding any other provision of these rules, when it is found necessary to meet objectives of the requirement subsections, the department may require changes in design or operation as the condition warrants.

This rule applies to new utility waste landfill construction and operating permits issued on or after the effective date of this rule.

(2) Solid Waste Accepted.

(A) Requirement. Fly ash, bottom ash, boiler slag or other slag waste and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels may be accepted at a utility waste landfill. Clean fill may also be accepted.

(B) Satisfactory ComplianceóDesign. The plans shall specify the types of waste to be accepted for disposal at a utility waste landfill.

(C) Satisfactory ComplianceóOperations.

1. The first layer of waste placed above the liner shall be monitored to ensure that the linerís integrity has been maintained.

2. The disposal of waste approved in the construction permit shall be conducted in accordance with approved design and operating plans plus any additional procedures determined by the department as necessary to protect the water, air and land resources and to provide for safety of the operators and waste haulers.

(3) Solid Waste Excluded.

(A) Requirement. In consultation with the department, the applicant shall determine what wastes are to be accepted and shall identify them in the plan and the application for construction permit form.

(B) Satisfactory ComplianceóDesign.

1. The criteria used to determine whether the waste can be accepted shall include the design of the landfill, the physical and chemical characteristics of the wastes, the quantity of the wastes, the proposed operating procedures.

2. The plans shall specify the operating procedures for screening and removal of wastes which are excluded from disposal.

(C) Satisfactory ComplianceóOperations.

1. The operating procedures for screening of wastes and for removal of wastes which are excluded from disposal shall be implemented.

2. Bulk liquid waste shall not be placed in a utility waste landfill unless the waste is leachate derived from the utility waste landfill, and the utility waste landfill is designed with a liner and leachate collection system as described in sections (9) and (10) of this rule.

3. Sluicing of waste for transport to proposed utility waste landfills shall be allowed only so long as the hydraulic head on top of the landfill liner can be maintained at less than one foot (1') of head, and the collected leachate and runoff meet all Water Pollution Control Program permit requirements.

(4) Site Selection.

(A) Requirement. Site selection and utilization shall include a study and evaluation of geologic and hydrologic conditions and soils at the proposed utility waste landfill and an evaluation of the environmental effect upon the projected use of the completed utility waste landfill. Applications for utility waste landfill construction permits received on or after the effective date of this rule shall document compliance with all applicable siting restriction requirements contained in paragraphs (4)(B)1. through 5. of this rule.

(B) Satisfactory ComplianceóDesign.

1. Owners/operators of proposed utility waste landfills, located in one hundred (100)-year floodplains shall demonstrate to the department that the utility waste landfill will not restrict the flow of the one hundred (100)-year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of waste so as to pose a hazard to public health or the environment.

2. Wetlands.

A. Proposed utility waste landfills shall not be located in wetlands, unless the owner/operator can make the following demonstrations to the department:

(I) The presumption that a practicable alternative to the proposed landfill is available which does not involve wetlands is clearly rebutted;

(II) The construction and operation of the utility waste landfill will notó (a) Cause or contribute to violations of any applicable state water quality standard;

(b) Violate any applicable toxic effluent standard or prohibition under section 307 of the federal Clean Water Act;

(c) Jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of a critical habitat, protected under the Endangered Species Act of 1973; and (d) Violate any requirement under the Marine Protection, Research, and Sanctuaries Act of 1972 for the protection of a marine sanctuary;

(III) The utility waste landfill will not cause or contribute to significant degradation of wetlands. The owner/operator shall demonstrate the integrity of the utility waste landfill and its ability to protect ecological resources by addressing the following factors:

(a) Erosion, stability and migration potential of native wetland soils, muds and deposits used to support the landfill;

(b) Erosion, stability and migration potential of dredged and fill materials used to support the landfill;

(c) The volume and chemical nature of the waste disposed of in the landfill;

(d) Impacts on fish, wildlife and other aquatic resources and their habitat from potential release of waste from the landfill;

(e) The potential effects of contamination of the wetland and the resulting impacts on the environment; and (f) Any additional factors, as necessary, to demonstrate that ecological resources in the wetland are sufficiently protected;

(IV) Steps have been taken to attempt to achieve no net loss of wetlands (as defined by acreage and function) by first avoiding impacts to wetlands to the maximum extent practicable as required by subparagraph (4)(B)2.A. of this rule, then minimizing unavoidable impacts to the maximum extent practicable, and finally offsetting remaining unavoidable wetland impacts through all appropriate and practicable compensatory mitigation actions (for example, restoration of existing degraded wetlands or creation of man-made wetlands); and (V) The requirements of paragraph (4)(B)3. may be satisfied by the owner/operator obtaining a United States Army Corps of Engineers permit for construction in a wetland or by demonstrating that the wetland is not regulated by the United States Army Corps of Engineers or other appropriate agency.

3. Proposed utility waste landfills located in the seismic impact zone shall not be located within two hundred feet (200') of a fault that has had displacement in Holocene time unless that owner/operator demonstrates to the department that an alternative setback distance of less than two hundred feet (200') will prevent damage to the structural integrity of the landfill and will be protective of public health and the environment.

4. Owners/operators of proposed utility waste landfills located in an unstable area shall demonstrate to the department that the utility waste landfillís design ensures that the integrity of the structural components of the utility waste landfill will not be disrupted.

The owner/operator shall consider the following factors, at a minimum, when determining whether an area is unstable:

A. On-site or local rock or soil conditions that may result in failure or significant differential settling;

B. On-site or local geologic or geomorphologic features; and C. On-site or local human-made features or events (both surface and subsurface).

5. Plans shall include:

A. A map showing initial and proposed topographies at contour intervals of five feet (5') or less. This map shall have a scale of not less than one inch (1") equal to one hundred feet (100'). If the entire site cannot be illustrated on one (1) plan sheet, an additional map with appropriate horizontal and vertical scales that allows the site to be shown on one (1) plan sheet is required;

B. A map showing the land use and zoning within one-fourth (1/4) mile of the utility waste landfill including location of all residences, buildings, wells, water courses, springs, lakes, rock outcroppings, caves, sinkholes and soil or rock borings. All electric, gas, water, sewer and other utility easements or lines that are located on, under or over the utility waste landfill shall be shown on the map. This map shall have a scale of not less than one inch (1") equals four hundred feet (400');

C. A description of the projected use of the closed utility waste landfill if the landfill is not located on the power plant site. In addition to maintenance programs and provisions, where necessary for monitoring and controlling leachate, the plans shall specify appropriate design, construction and operating provisions for the utility waste landfill to complement the projected future use;

D. An evaluation of the characteristics and quantity of available on-site soil with respect to its suitability for utility waste landfilling operations. The engineering properties and quantity estimates of the on-site soil shall be discussed and shall include:

(I) Texture. Sieve and hydrometer analyses shall be performed to determine grain size distribution of representative soil samples. Texture may be determined by using the procedures described in ASTM method D422-63 or the procedures described in

Appendix D ofEngineer Manual 1110-2-1906 prepared by the United States Army Corps of Engineers;

(II) Plasticity. The liquid limit, plastic limit and plasticity index of representative soil samples shall be determined. Plasticity may be determined by using the procedures described in ASTM method D4318-84 or the procedures described in Appendix III of Engineer Manual 1110-2-1906, prepared by the United States Army Corps of Engineers;

(III) Hydraulic conductivity. Laboratory hydraulic conductivity tests shall be performed upon undisturbed representative soil samples using a flexible wall permeameter (ASTM D-5084). If an aquifer is found to be laterally continuous across the anticipated limit of the proposed landfill, the hydraulic conductivity of each significant continuous geologic unit must be determined.

Examples of accepted field tests are in situ slug or pump tests which isolate the geologic unit of interest.

(IV) Areal extent and depth. The areal extent and depth of soil suitable for landfill construction shall be determined.

Variations in soil depth shall be clearly described.

6. If the base of the landfill liner will be in contact with groundwater, the applicant shall demonstrate to the departmentís satisfaction that the groundwater will not adversely impact the liner.

7. Owners/operators of proposed utility waste landfills shall demonstrate how adverse geologic and hydrologic conditions may be altered or compensated for via surface water drainage diversion, underdrains, sumps, and other structural components. All alterations of the site shall be detailed in the plans. Precipitation, evapotranspiration and climatological conditions shall be considered in site selection and design.

8. The results of the detailed site investigation report will be the basis to determine if a secondary liner, such as a geomembrane, or a leachate collection system is mandatory to ensure that there is no environmental impact from the landfill. Owner/operators of proposed utility waste landfills shall make a demonstration based on the following:

A. An evaluation of the physical and/or chemical characteristics of the waste;

B. Documentation through modeling, testing, or other research data proving that the quality of groundwater underlying the proposed site will not be affected and that there is no potential for migration of fluids from the utility waste landfill.

(C) Satisfactory ComplianceóOperations.

1. The utility waste landfill shall be accessible to vehicles which the utility waste landfill is designed to serve.

2. Temporary storage of waste for more than sixty (60) days is not permitted. Temporarily stored wastes shall be managed so as to prevent uncontrolled surface water runoff and erosion. All Water Pollution Control Program permits and approvals necessary to comply with the Missouri Clean Water Law and corresponding rules shall be obtained from the department.

(5) Design.

(A) Requirement. Plans, addendums, asbuilt drawings, or other documents which describe the design, construction, operation, or closure of a utility waste landfill or which request an operating permit modification for the utility waste landfill shall be prepared or approved by a professional engineer. These documents shall be stamped or sealed by the professional engineer and submitted to the department for review and approval.

1. Plans submitted as part of an application for a construction permit after the effective date of this rule shall provide for the maintenance of a one hundred foot (100')buffer zone between utility waste landfill operations and any property line(s) or any right of way(s) of adjoining road(s) when the property line(s) is inside the right of way(s) to provide for assessment and/or remedial actions.

2. The plan shall include an operating manual describing the various tasks that shall be performed during a typical shift.

3. Owners/operators of utility waste landfills shall demonstrate how adverse geologic and hydrologic conditions may be altered or compensated for via surface water drainage diversion, underdrains, sumps, and 4CODE OF STATE REGULATIONS other structural components. All alterations of the site shall be detailed in the plans.

A. Precipitation, evapotranspiration and climatological conditions shall be considered in site selection and design.

B. Engineering plans and specifications that have computer model attached to them shall list the limitations and assumptions of each model used in the application.

4. Plans for stability analyses for all stages of construction shall include:

A. Settlement and bearing capacity analyses shall be performed on the in-place foundation material beneath the disposal area. The effect of foundation material settlement on the liner and leachate collection shall be evaluated;

B. Stability analyses shall be performed on all liner and leachate system components;

C. Leachate collection pipe material and drainage media shall be analyzed to demonstrate that these components possess structural strength to support maximum loads imposed by overlying waste materials and equipment;

D. Waste mass stability analyses shall be performed on the disposal area at final waste grade conditions and at intermediate slope conditions; and E. Stability analyses shall be performed on all final cover system components, including an evaluation of the effect of waste settlement on the final cover system components, side slope liner system components, surface water management system components and gas migration system components.

(B) Satisfactory ComplianceóOperations.

1. Construction and operation of the utility waste landfill shall be conducted in accordance with the engineering plans and specifications approved by the department.

2. The operating manual describing the various tasks that shall be performed during a typical shift shall be available to employees for reference and to the department upon request.

3. Phase development drawings shall be included with the application.

(6) Quality Assurance/Quality Control (qa/qc).

(A) Requirement. The construction, operation and closure of the utility waste landfill shall include quality assurance and quality control measures to ensure compliance with approved plans and all applicable federal, state and local requirements. The permittee shall be responsible for ensuring that the qa/qc supervision is conducted by a qualified professional.

(B) Satisfactory ComplianceóDesign.

1. Plans shall include:

A. A detailed description of the qa/qc testing procedures that will be used for every major phase of construction. The description must include at a minimum, the frequency of inspections, field testing, laboratory testing, equipment to be utilized, the limits for test failure, and a description of the procedures to be used upon test failure; and B. A detailed procedure for the reporting and recording of qa/qc activities and testing results.

2. All qa/qc reports shall be reviewed and approved by a professional engineer.

(C) Satisfactory ComplianceóOperations.

1. At a minimum qa/qc testing shall include:

A. Testing of each lift of the soil component of the final cover and landfill liner for field density and field moisture once per every ten thousand (10,000) square feet and providing relatively uniform coverage over the landfill surface;

B. Laboratory hydraulic conductivity testing of the soil used for liner construction once for every five thousand (5,000) cubic yards of liner constructed;

C. Continuous visual classification of borrow soil during landfill construction by qualified qa/qc inspector(s) or certifying professional engineer;

D. Measuring the elevations of the final cover and the landfill liner on a maximum spacing of one hundred-foot (100') centers and at one hundred-foot (100') intervals along each line where a break in slope occurs.

(I) Landfill liner. Measuring the elevations of the top and bottom of the landfill liner;

(II) Final cover. Measuring the elevations of the top and bottom ofó (a) The compacted clay layer;

(b) The soil layer supporting vegetative growth; and E. Verification of the thickness of the leachate collection media shall be made by the qualified qa/qc inspector(s) or certifying professional engineer on one hundred-foot (100') centers.

2. If a geomembrane is proposedó A. Nondestructive testing of all seams of the geomembrane in the landfill liner; and B. Random destructive testing of the seams of the geomembrane liner in the landfill liner on an average frequency of at least one (1) every five hundred (500) linear feet of seams.

3. All testing shall be performed under the direction of qualified qa/qc inspectors for every major phase of construction.

4. The qa/qc plan shall include the following components:

A. Leachate collection system.

Reports prepared or approved by the professional engineer transmitting the results of the qa/qc procedures and stating that the leachate collection system was constructed according to the approved design or describing any deviations from the approved design; and B. Liner. The liner specified by section (10) of this rule shall be constructed in accordance with the approved design specifications. The qa/qc procedures shall include:

(I) Evidence that the liner material(s) utilized meet the minimum design specifications;

(II) Evidence that field construction techniques are resulting in the minimum design specifications (for example, soil density tests);

(III) Evidence that the liner construction is proceeding as designed through regular verification using a predetermined system of horizontal and vertical survey controls; and (IV) Oversight of the liner construction and qa/qc procedures by a professional engineer. This shall include reports prepared, or approved, by the professional engineer transmitting the results of the qa/qc procedures and stating that the liner was constructed according to design or describing any deviations from the design.

(7) Survey Control.

(A) Requirement. Benchmarks, horizontal controls and boundary markers shall be established by a land surveyor to check and mark the location and elevations of the utility waste landfill. Construction stakes marking an individual section(s) or phase(s) shall be established as necessary to ensure the construction and operation(s) proceed in accordance with approved plans.

(B) Satisfactory ComplianceóDesign.

1. Boundary survey. A survey of the entire permitted acreage shall be conducted in accordance with the current Minimum Standards for Property Boundary Surveys, 10 CSR 30-2.010.

2. Vertical control. The land surveyor shall establish a permanent monument as a benchmark or confirm the prior establishment of a benchmark on or adjacent to the property. The elevation shall be on the North American Vertical Datum, 1929 or similar well-documented datum. If no such established datum exists within one (1) mile of the property, a project datum may be assigned to the benchmark. The benchmark shall be clearly shown on the survey plat.

3. Horizontal control. The land surveyor shall establish three (3) permanent monuments as horizontal control stations. These stations shall form a triangle whose sides shall not be less than one thousand feet (1,000'). The location of the horizontal control will be shown on the survey plat.

4. The land surveyor shall establish boundary markers designating the entire permitted acreage which shall be composed of material which will last throughout the life of the utility waste landfill.

5. Construction stakes. Stakes marking the individual section(s) or phase(s) specifically designated for the placement of waste are to be placed in locations and composed of material that is consistent with the operating life of the section or phase.

(C) Satisfactory ComplianceóOperations.

1. All boundary markers, benchmarks, horizontal control stations and construction stakes shall be clearly marked and identified.

2. Missing or displaced benchmarks or horizontal control stations shall be replaced or reestablished by or under the supervision of a land surveyor. The registered surveyor shall prepare a plat showing the replacement or reestablishment and furnish a copy to the department.

3. Missing or displaced construction stakes shall be replaced or reestablished as necessary to ensure the operations proceed in accordance with approved plans.

4. The permanent monuments designating vertical and horizontal control stations and boundary markers designating the entire permitted acreage shall be placed prior to receiving an operating permit as required by 10 CSR 80-2.020(2)(B).

5. Construction stakes marking the active area shall be placed prior to deposition of waste in individual areas, sections or phases of the utility waste landfill as designated by the approved engineering plans.

(8) Water Quality.

(A) Requirement. The location, design, construction and operation of the utility waste landfill shall minimize environmental hazards and shall conform to applicable ground and surface water quality standards and requirements. Applicable standards are federal, state or local standards and requirements that are legally enforceable.

(B) Satisfactory ComplianceóDesign.

1. Plans shall include:

A. A report on the detailed geologic and hydrologic investigation of the site as required by 10 CSR 80-2.015;

B. Current and projected use of water resources in the potential zone of influence of the utility waste landfill;

C. Groundwater elevation and proposed separation between the lowest point of the lowest cell and the predicted maximum water table elevation;

D. Potential interrelationship of the utility waste landfill, local aquifers and surface waters based on historical records or other sources of information;

E. Proposed location and design of observation wells, sampling stations and testing program planned; and F. Provisions for surface water runoff control to minimize infiltration and erosion of cover. All Water Pollution Control Program permits and approvals necessary to comply with requirements of the Missouri Clean Water Law and corresponding rules shall be obtained from the department.

(I) The area of the watershed which will be affected by the utility waste landfill shall be specified.

(II) On-site drainage structures and channels shall be designed to prevent flow onto the active portion of the utility waste landfill during peak discharge from at least a twenty-five (25)-year storm. The engineering calculations and assumptions shall be included and explained in the engineering report.

(III) On-site drainage structures and channels shall be designed to collect and control at least the water volume resulting from a twenty-four (24)-hour, twenty-five (25)-year storm.

(IV) On-site drainage and channels shall be designed to empty expeditiously after storms to maintain the design capacity of the system.

(V) Contingency plans for on-site management of surface water which comes in contact with solid waste shall be specified.

(C) Satisfactory ComplianceóOperations.

1. Surface water courses and runoff shall be diverted from the utility waste landfill (especially from the working face) by devices such as ditches, berms, and proper grading. The utility waste landfill shall be constructed and graded so as to promote rapid surface water runoff without excessive erosion. Regrading shall be done as required during construction and after completion to avoid ponding of precipitation and to maintain cover integrity.

2. The quantity of water coming in contact with solid waste shall be minimized by the daily operational practices. Water which comes in contact with the waste shall be managed as leachate in accordance with the approved plans.

(9) Leachate Collection Systems.

(A) Requirement. A leachate collection system shall be designed, constructed, maintained and operated to collect, and remove leachate from the utility waste landfill, unless the applicant provides adequate demonstrations specified in paragraph (4)(B)8. of this

rule, and as determined by the department on a site-by-site basis.

(B) Satisfactory ComplianceóDesign. The potential for leachate generation shall be evaluated in determining the design of the system.

Leachate flow quantities shall be estimated and the method(s) of leachate management shall be outlined. Leachate storage facilities shall comply with all currently applicable requirements of the Missouri Clean Water Law and corresponding rules. Construction qa/qc procedures shall be included. Where a leachate treatment system is designed to have a discharge to the waters of the state, any required discharge permit(s) shall be obtained from the department in accordance with requirements of the Missouri Clean Water Law and corresponding rules.

1. Minimum design criteria for leachate collection systems shall include the following:

A. Ponds and/or tanks of sufficient capacity to store, equalize flow to disposal systems, and allow system/operating flexibility;

B. Construction material chemically resistant to the waste managed in the utility waste landfill and the leachate expected to be generated;

C. Construction materials of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying utility wastes, cover, leachate, and by any equipment used at the utility waste landfill;

D. Design and operate systems to function without clogging through the scheduled operating life, closure and post-closure of the utility waste landfill;

E. Design and operate to maintain less than one foot (1') depth of leachate over the disposal area liner; and F. Design and operate collection systems so that any leachate formed will flow by gravity into collection areas from which the leachate can be removed, treated, and disposed.

2. Leachate management by recirculation within the permitted fill area shall be conducted in accordance with an approved engineering method.

3. Any leachate collection system open to the atmosphere must be designed to prevent discharge during a twenty-five (25)-year, twenty-four (24)-hour storm event. Plans shall include the calculations detailing the design.

4. The applicant shall provide a method of leachate management in the application. A 6CODE OF STATE REGULATIONS secondary or ìbackupî method of leachate disposal will be required unless the applicant can demonstrate that a secondary method will not be necessary.

(C) Satisfactory ComplianceóOperations.

1. The leachate collection system specified by subsection (9)(B) shall be properly installed and operated in accordance with the permit and the approved design and plans and maintained for the twenty (20)-year post-closure care period, or as long as the department determines necessary.

2. Leachate generated by the utility waste landfill shall be controlled on-site and not be allowed to discharge off the utility waste landfill property or discharge into the waters of the state, except in accordance with the approved plans and the Missouri Clean Water Law and corresponding rules.

(10) Liner System.

(A) Requirement. A liner shall be placed on all surfaces to minimize the migration of leachate from the utility waste landfill.

(B) Satisfactory ComplianceóDesign. A composite or a clay liner shall be required at all utility waste landfills applying for a construction permit after the effective date of this

rule that includesó 1. For a composite liner a lower component that consists of at least a two-foot (2') layer of compacted soil with a hydraulic conductivity of no more than 1 ◊ 10 cm/sec. A compacted soil liner at a minimum shall be constructed of six to eight-inch (6ñ8") lifts, compacted to ninety-five percent (95%) of standard Proctor density with the moisture content between optimum moisture content and four percent (4%) above the optimum moisture content, or within other ranges of density and moisture such that are shown to provide for the liner to have a hydraulic conductivity no more than 1 ◊ 10 cm/sec. For a single compacted clay liner a component that consists of at least a two-foot (2') layer of compacted soil with a hydraulic conductivity of no more than 1 ◊ 10 cm/sec. A compacted soil liner at a minimum shall be constructed of six to eight-inch (6ñ8") lifts, compacted to ninety-five percent (95%) of standard Proctor density with the moisture content between optimum moisture content and four percent (4%) above the optimum moisture content, or within other ranges of density and moisture such that are shown to provide for the liner to have a hydraulic conductivity no more than 1 ◊ 10 cm/sec. The design shall include a detailed explanation of the construction techniques and equipment necessary to achieve ninety-five percent (95%) of the standard Proctor density under field conditions. The design also shall include qa/qc procedures to be followed during construction of the liner. The composite liner and the compacted clay liner shall be protected from the adverse effects of desiccation or freeze/thaw cycles after construction, but prior to placement of waste. Traffic shall be routed so as to minimize the detrimental impact on the constructed liner prior to placement of waste. The soils used for this

purpose shall meet the following minimum specifications:

A. Be classified under the Unified Soil Classification Systems as CL, CH, or SC (ASTM Test D2487-85);

B. Allow more than thirty percent (30%) passage through a No. 200 sieve (ASTM Test D1140);

C. Have a liquid limit equal to or greater than twenty (20) (ASTM Test D4318-84);

D. Have a plasticity index equal to or greater than ten (10) (ASTM Test D4318-84);

E. Have a coefficient of permeability equal to or less than 1 ◊ 10 cm/sec for the compacted clay liner and 1 ◊ 10 cm/sec for the composite liner when compacted to ninety-five percent (95%) of standard Proctor density with the moisture content between optimum moisture content and four percent (4%) above the optimum moisture content, when tested by using a flexible wall permeameter (ASTM D-5084) or other procedures approved by the department;

2. For the composite liner an upper component consisting of a minimum thirty (30) mil thick geomembrane shall be installed if the applicant for a proposed utility waste landfill does not provide adequate demonstrations specified in paragraph (4)(B)8. of this

rule, and as determined by the department on a site-by-site basis. Geomembrane components consisting of high density polyethylene (HDPE) shall be at least sixty (60) mil thick;

3. The geomembrane component shall be installed in direct and uniform contact with the compacted soil component so as to minimize the migration of leachate through the geomembrane should a break occur; and 4. All utility waste landfills shall have a minimum bottom slope in any direction of flow of at least one percent (1%).

(C) Satisfactory ComplianceóOperations.

1. A test pad shall be constructed at the site and tested to verify that the proposed construction and quality control (qc) procedures are adequate to ensure that the soil component of the composite liner system will meet the requirements of paragraph (10)(B)1. of this rule.

A. Construction and qc procedures to be used during test pad construction shall be described in detail in the approved engineering report, and shall be identical to those proposed for liner construction with the following additions:

(I) At least two (2) laboratory hydraulic conductivity tests shall be performed on undisturbed samples of the completed test pad;

(II) At least one (1) in situ hydraulic conductivity test shall be performed on the completed test pad; and (III) At least two (2) test pits shall be excavated into the completed test pad to observe interlift bonding.

B. If test pad construction and testing shows that the proposed methods are not sufficient to meet the requirements of paragraph (10)(B)1. of this rule, a new test pad shall be constructed using revised procedures 2. For phased construction, only one (1) test pad will be required.

3. A final report shall be submitted to the department which describes in detail the construction and qc procedures which were used to achieve satisfactory test pad performance.

A. The report must be approved by the department prior to beginning construction of any portion of the composite liner system in the disposal area.

B. The report shall serve as guidance for construction of the soil component of the composite liner system.

4. The requirement for a test pad may be waived providedó A. The applicant can demonstrate to the departmentís satisfaction the construction and qc procedures are identical to those described in the approved engineering report and will result in construction of a liner which meets the requirements of paragraph (10)(B)1. of this rule; and B. The soils proposed for liner construction meet the following minimum specifications:

(I) Have a plasticity index greater than fifteen (15) and less than thirty (30)

(ASTM test D4318-84);

(II) Allow more than fifty percent (50%) passage through a number 200 seive (ASTM D11400); and (III) Have less than ten percent (10%) by weight particle sizes greater than two (2) mm.

5. The liner specified in subsection (10)(B) of this rule shall be constructed in accordance with the approved design specifications.

(11) Groundwater Monitoring.

(A) Requirements. The owner/operator of a utility waste landfill shall implement a groundwater monitoring program capable of determining the utility waste landfillís impact on the quality of groundwater underlying the utility waste landfill.

(B) Satisfactory ComplianceóDesign.

1. All utility waste landfills permitted after the effective date of this rule, must be in compliance with all groundwater monitoring requirements of section (11).

2. The department may require utility waste landfills permitted prior to the effective date of this rule, to comply with part or all of

section (11) if it is determined necessary by the department.

3. The owner/operator of a utility waste landfill shall establish the potential for migration of fluid generated by the utility waste landfill into the groundwater by an evaluation ofó A. A water balance of precipitation, evapotranspiration, runoff and infiltration;

B. At a minimum, the following characteristics:

(I) Geologic materials;

(II) Description of soil and bedrock to a depth adequate to allow evaluation of water quality protection provided by the soil and bedrock;

(III) Groundwater elevation;

(IV) Proposed separation between the lowest point of the lowest cell and the maximum water table elevation;

(V) Proximity of the utility waste landfill to water supply wells or surface water;

(VI) Rate and direction of groundwater flow; and (VII) Current and projected use of water resources in the potential zone of influence of the utility waste landfill.

4. A groundwater monitoring system shall be capable of yielding groundwater samples for analysis and shall consist ofó A. Monitoring wells (at least one (1)) installed hydraulically upgradient; that is, in the direction of increasing static head from the utility waste landfill. The numbers, locations and depths shall be sufficient to yield groundwater samples that areó (I) Representative of background water quality in the groundwater near the utility waste landfill; and (II) Not affected by the utility waste landfill; and B. Monitoring wells (at least three (3)) installed hydraulically downgradient; that is, in the direction of decreasing hydraulic head from the utility waste landfill. The number, locations and depths shall ensure that they detect any significant amounts of fluids generated by the utility waste landfill that migrate from the utility waste landfill to the groundwater. Monitoring wells, or clusters of monitoring wells, shall be capable at a minimum, of monitoring all saturated zones down to and including the uppermost aquifer.

5. All monitoring wells shall be constructed as per 10 CSR 23-4.

(C) Satisfactory ComplianceóOperations.

1. Groundwater monitoring wells.

A. Groundwater monitoring wells shall be installed so that the number, spacing and depths of monitoring systems shall be determined based upon site-specific technical information that shall include thorough characterization of:

(I) Aquifer thickness, groundwater flow rate, groundwater flow direction including seasonal and temporal fluctuations in groundwater flow; and (II) Saturated and unsaturated geologic units and fill materials overlying the uppermost aquifer, materials comprising the uppermost aquifer, and materials comprising the confining unit defining the lower boundary of the uppermost aquifer; including, but not limited to, thicknesses, stratigraphy, lithology, hydraulic conductivities and porosities.

B. The design and installation of groundwater monitoring well systems shall be observed, supervised, and certified by a qualified groundwater scientist and approved by the department.

C. All groundwater monitoring wells shall be operational prior to the acceptance of wastes, unless other arrangements are D. The design, installation, development, and decommissioning of monitoring wells and piezometers must be performed in accordance with 10 CSR 23-4.

2. Sampling and reporting.

A. Each groundwater monitoring program must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of groundwater quality at the background and downgradient wells installed in compliance with subsection (11)(B). The owner/operator must submit the sampling and analysis program to the department for approval. The program must include procedures and techniques foró (I) Monitoring well maintenance;

(II) Monitoring well redevelopment;

(III) Monitoring well depth measurement and hydraulic levels;

(IV) Monitoring well purging and sampling utilizing dedicated equipment;

(V) Equipment calibration;

(VI) Decontamination and field blanks;

(VII) Sample and duplicate sample collection;

(VIII) Sample preservation;

(IX) Sample labeling;

(X) Sample handling;

(XI) Field measurements;

(XII) Field documentation;

(XIII) Chain of custody control;

(XIV) Sample shipment;

(XV) Analytical procedures;

(XVI) Qa/qc controlófield and laboratory; and (XVII) Statistical testing strategy per paragraph (11)(C)5. for each parameterís concentrations.

B. Each groundwater monitoring program shall include sampling and analytical methods that are appropriate for groundwater sampling and that accurately measure hazardous constituents and other monitoring parameters in groundwater samples. Analysis shall be performed on unfiltered samples.

C. The sampling procedures and frequency shall be protective of human health and the environment.

D. Groundwater elevations shall be measured in each well immediately prior to purging, each time groundwater is sampled.

The owner/operator shall determine the rate and direction of groundwater flow each time groundwater is sampled. Groundwater elevations in wells which monitor the same utility waste landfill shall be measured within a period of time short enough to avoid temporal variations in groundwater flow which could preclude accurate determination of groundwater flow rate and direction.

3. Baseline/background monitoring.

A. The owner/operator shall establish background groundwater quality for each of the monitoring parameters or constituents required under paragraph (11)(C)4. To establish background, a minimum of four (4) quarterly samples of statistically independent sample data shall be obtained and analyzed from all monitoring wells during a minimum of one (1) year following well installation.

B. The number of samples collected to establish background values for groundwater quality data shall satisfy the requirements of subsection (11)(C) and shall be consistent with the appropriate statistical procedures determined pursuant to paragraph (11)(C)5.

The sampling procedures shall be those specified under paragraph (11)(C)4. for detection monitoring and paragraph (11)(C)6. for assessment monitoring.

4. Detection monitoring.

A. The owner/operator shall obtain and analyze water samples from the groundwater monitoring wells during the months of May and November of each calendar year.

8CODE OF STATE REGULATIONS

B. The following parameters shall be analyzed each time a sample is obtained:

Chemical Oxygen Demand (COD in milligrams per liter (mg/l));

Chlorides (Cl, mg/l);

Iron (Fe, (mg/l)); pH (units);

Specific Conductance (Conductivity at twenty-five degrees Celsius (25∞C)

(μmho/cm));

Total Dissolved Solids (TDS, in mg/l);

All parameters listed in Appendix I of this

rule; and Additionally, the water level in each well shall be measured at the time the sample is taken.

C. The sample results, and any results of statistical analysis determining statistically significant increases for any parameter per paragraph (11)(C)5., shall be submitted to the department in one (1) report within ninety (90) days of when samples are collected.

D. In the case of all detection monitoring requirements previously listed, the department may specify an appropriate alternative frequency for repeated sampling and analysis during the active life of the utility waste landfill (including closure) and the post-closure period. The department may add additional parameters or delete parameters on a site-by-site basis through an evaluation of waste and leachate characteristics of the utility waste landfill.

E. The electronic submission of groundwater data is required. This submission shall be in the format and method as prescribed by the department.

5. The owner/operator shall specify in the operating record one (1) or more of the following statistical methods to be used in evaluating groundwater monitoring data for each monitoring constituent. The statistical test chosen shall be conducted separately for each constituentó A. A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The procedure shall include estimation and testing of the contrasts between each downgradient wellís mean and the upgradient means for each parameter;

B. An ANOVA based on ranks followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The procedure shall include estimation and testing of the contrasts between each downgradient wellís median and the background medians for each parameter;

C. A confidence interval procedure in which an interval for each parameter in each downgradient well is constructed around the mean/median of the particular wellís data or data residuals and compared to the mean/median of pooled background well data;

D. A prediction interval procedure in which an upper prediction limit for an interval for each parameter in each well is compared to subsequently obtained values from the same well;

E. A prediction interval procedure in which an upper prediction limit for an interval for each parameter constructed on the pooled background well data or data residuals is compared to subsequently obtained values from each downgradient well;

F. A tolerance interval procedure in which an upper tolerance limit for an interval for each parameterís pooled background well data is compared to each downgradient wellís concentration values;

G. A multicomparison procedure utilizing any recommended U.S. Environmental Protection Agency combinations of intra-well and inter-well procedures for each parameter;

H. A control chart approach meeting the performance standards of part (11)(C)5.J.(III), that gives control limits for each parameter;

I. A different statistical test method that meets the performance standards of subparagraph (11)(C)5.J. of the rule. The owner/operator must submit the statistical test method to the department for approval before the use of the alternative test; and J. Any statistical method chosen under paragraph (11)(C)5. of this rule shall comply with the following performance standards, as appropriate:

(I) The statistical method used to evaluate groundwater monitoring data shall be appropriate for the distribution of the concentration data for the chemical parameters or hazardous constituents. If the distribution of the concentration data for the chemical parameters or hazardous constituents is shown by the owner/operator to be inappropriate for a normal data distribution theory test, then the data should be transformed or a distribution-free (nonparametric) theory test should be used. If the concentration data distributions for the constituents of each well differ, more than one (1) statistical method will be needed;

(II) If an individual well comparison procedure is used to compare an individual compliance well constituent concentration with background constituent concentration or a groundwater protection standard, the test shall be done at a Type I error level no less than 0.01 for each testing period. If a multiple comparisons procedure is used, the Type I experiment-wide error rate for each testing period shall be no less than 0.05, however, the Type I error of no less than 0.01 for individual well comparisons shall be maintained.

This performance standard does not apply to tolerance intervals, prediction intervals or control charts;

(III) If a control chart approach is used to evaluate groundwater monitoring data, the specific type of control chart and its associated parameter values shall be protective of human health and the environment.

The selection of this method shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern;

(IV) If a confidence interval, tolerance interval or a prediction interval is used to evaluate groundwater monitoring data, then the level of confidence for each interval, and the percentage of the population that each interval contains, shall be protective of human health and the environment. Selection of one (1) or more of these methods shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern;

(V) The statistical method shall account for data below the limit of detection with one (1) or more statistical procedures that are protective of human health and the environment. Any practical quantization limit that is used in the statistical method shall be the lowest concentration level that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating conditions that are available to the facility; and (VI) If necessary, the statistical method shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.

6. Response to statistical analysis.

A. If the comparison for the upgradient wells shows a statistically significant increase (or pH change) over background, the owner/operator shall submit this information to the department.

B. If the comparisons for downgradient wells show a statistically significant increase (or pH change), resulting from the landfill, over background, the owner/operator shall within ninety (90) days of the last sampling event obtain additional groundwater samples from those downgradient wells where a statistically significant difference was detected, split the samples in two (2), and obtain analyses of all additional samples to determine whether the significant statistical difference was a result of laboratory error.

C. If the additional samples show a statistically significant increase (or pH change) over background, the owner/operator must demonstrate to the department within ninety (90) days that a source other than the utility waste landfill caused the contamination or that the statistically significant increase resulted from an error in sampling, analysis, statistical evaluation or natural variation. If the owner/operator cannot make this demonstration to the department, the owner/operator shall submit a plan to the department for a groundwater assessment monitoring program and implement the program as described in subparagraphs (11)(C)6.D. through H. of this rule. The plan shall specify the following:

(I) The number, location and depth of wells;

(II) Sampling and analytical methods for the monitoring parameters listed in

Appendix I of this rule on a quarterly basis;

(III) Evaluation procedures, including any use of previously gathered groundwater quality information;

(IV) The rate and extent of migration of the contaminant plume in the groundwater; and (V) The concentrations of the contaminant plume in the groundwater.

D. After obtaining the results from the initial or subsequent sampling events required in subparagraph (9)(C)6.D. the owner/operator shalló (I) Within fourteen (14) days, notify the department and place a notice in the operating record identifying the constituents that have been detected;

(II) Within ninety (90) days, and on a quarterly basis after that, resample all wells and conduct analysis for all constituents listed in Appendix I to this rule and notify the department of the constituent concentrations.

A minimum of one (1) sample from each well sampled (background and downgradient) shall be collected and analyzed during these sampling events;

(III) Establish background concentrations for any new constituents detected during subsequent monitoring events; and (IV) Establish groundwater protection standards for all new constituents detected during subsequent monitoring events.

E. If the concentrations of all constituents listed in Appendix I to this rule are shown to be at or below background levels as established in paragraph (11)(C)3. of this rule for two (2) consecutive sampling periods, the owner/operator may reinstate detection monitoring at the utility waste landfill as specified under subparagraph (11)(C)3.C. of this rule.

F. If the concentrations of any constituents listed in Appendix I of this rule are above background values, but all concentrations are below the groundwater protection standard established under subparagraph (11)(C)6.D. of this rule using the statistical procedures in paragraph (11)(C)5. of this

rule, the owner/operator shall notify the department and the department may require the owner/operator toó (I) Continue assessment monitoring; or (II) Develop a corrective measures assessment, or both.

G. If one (1) or more constituents listed in Appendix I of this rule are detected at levels above the groundwater protection standard as established under subparagraph (11)(C)6.D., the owner/operator shalló (I) Provide the department with a report assessing potential corrective measures;

(II) Characterize the nature and extent of the release by installing additional monitoring wells as necessary; install at least one (1) additional monitoring well at the facility boundary in the direction of contaminant migration and sample this well in accordance with paragraph (11)(C)6. of this rule and, if required by the department, notify all persons who own the land or reside on the land that directly overlies any part of the plume of contamination if contaminants have migrated off-site if indicated by sampling of wells; and (III) Continue assessment monitoring as per the groundwater quality assessment plan, and implement the approved corrective action program specified in part (11)(C)6.G.(I) of this rule.

H. The results of implementation of the assessment monitoring program shall be submitted to the department at the end of each year or an alternate time period (12) Air Quality.

(A) Requirement. The design, construction and operation of the utility waste landfill shall minimize environmental hazards and shall conform to applicable ambient air quality and source control regulations.

(B) Satisfactory ComplianceóDesign.

Plans shall include an effective dust control program.

(C) Satisfactory ComplianceóOperations.

A burning permit or exemption may be obtained from the department permitting the burning of tree trunks, tree limbs, and vegetation during clearing and grubbing. In areas operating under exemption certificates authorized by Chapter 643, RSMo approval shall be obtained from the local pollution control agency. The operating procedures and location for burning practices shall be submitted to the department for review and written approval. Burning at the utility waste landfill shall be conducted in accordance with Chapter 643, RSMo, the corresponding rules, the terms, conditions, or both, of the plans, permit, or both, and all local requirements.

(13) Aesthetics.

(A) Requirement. The utility waste landfill shall be designed and operated at all times in an aesthetically acceptable manner.

(B) Satisfactory ComplianceóDesign.

Plans shall include an effective vegetative growth program.

(C) Satisfactory ComplianceóOperations.

1. Wastes that are easily moved by wind shall be covered, as necessary, to prevent becoming airborne and scattered.

2. On-site vegetation should be cleared only as necessary. Natural windbreaks, such as green belts, should be maintained where they will improve the appearance and operation of the utility waste landfill.

3. Mining operations for the purpose of removing waste for beneficial reuse shall be conducted in such a manner as to not detract from the appearance of the utility waste landfill. Materials removed from the utility waste landfill shall be stored for not more than sixty (60) days prior to beneficial reuse. Materials removed from the utility waste landfill shall be stored so as to prevent infiltration, surface water runoff and erosion from these removed materials. All Water Pollution Control Program permits and approvals necessary to comply with the Missouri Clean Water Law and corresponding rules shall be obtained from the department.

(14) Cover.

(A) Requirement. Cover shall be applied to minimize infiltration of precipitation, airborne waste; and provide a pleasing appearance.

(B) Satisfactory ComplianceóDesign. The owner/operator shall prepare a written closure plan that describes the steps necessary to close all utility waste landfill phases at any point during the active life of the utility waste landfill in accordance with the requirements of 10 CSR 80-2.030(4)(A). In addition, the final cover requirements specified in the closure and post-closure plans shall specifyó 1. Cover sources, quantities and soil classification (Unified Soil Classification System or United States Department of Agriculture classification system);

10CODE OF STATE REGULATIONS

2. The capability of the cover to perform the functions listed in subsection (14)(A) of this rule;

3. Surface grades and side slopes needed to promote maximum runoff, without excessive erosion, and to minimize infiltration. Final side slopes shall not exceed twenty-five percent (25%) unless it has been demonstrated in a detailed slope stability analysis approved by the department that the slopes can be constructed and maintained throughout the entire operational life and post-closure period of the landfill;

4. Procedures to establish and maintain vegetative growth to combat erosion and improve appearance of idle and completed areas. Procedures shall include seeding rate, fertilizer rate, soil conditioning rate and provisions for mulching;

5. Procedures to maintain a cover integrity, for example, regrading and recovering;

6. Methods for borrow areas to be reclaimed so as to restore aesthetic qualities and prevent excessive erosion;

7. The final slope of the top of the utility waste landfill shall have a minimum slope of one percent (1%); and 8. Shear failure analyses shall be included where intermediate or final slopes exceed twenty-five percent (25%). However, the department will waive the analyses for the slopes of twenty-five percent (25%) or less except in seismic impact zones.

(C) Satisfactory ComplianceóOperations.

1. Cover shall be applied at a total thickness of at least one foot (1') of compacted soil on filled areas of the utility waste landfill which are idle for more than sixty (60) days, and on all final side slopes at the end of each filling sequence.

2. No active, intermediate or final slope shall exceed thirty-three and one-third percent (33 1/3%).

3. As each phase of the utility waste landfill is completed, a final cover system shall be installed consisting of one foot (1') of compacted clay with a coefficient of permeability of 1 ◊ 10 cm/sec or less and overlaid with one foot (1') of soil capable of sustaining vegetative growth.

4. The installation of the final cover systems shall include provisions for slope stability.

5. The department may approve the use of an alternative final cover system provided that the owner/operator can demonstrate to the department that the alternative design will be at least equivalent to the final cover system described in paragraph (14)(C)3. of this rule.

6. Surface grades and side slopes shall be maintained to promote runoff without excessive erosion.

7. Vegetation shall be established within one hundred eighty (180) days of application of the cover required by paragraphs (14)(C)3. and 4. of this rule. Vegetation shall be established and maintained to minimize erosion and surface water infiltration.

8. Regrading and recovering shall be performed as necessary to maintain cover slope and integrity.

9. Borrow areas shall be reclaimed in accordance with the approved plans.

10. The compacted clay portion of the final cover shall consist of soils classified under the Unified Soil Classification System as CH, CL, ML, SC or MH.

(15) Compaction.

(A) Requirement. In order to conserve utility waste landfill site capacity, thereby preserving land resources and to minimize moisture infiltration and settlement, waste and cover shall be compacted to the smallest practicable volume.

(B) Satisfactory ComplianceóDesign.

1. Arrangements shall be made and indicated in the plans where substitute equipment will be available to provide uninterrupted service during routine maintenance periods or equipment breakdowns.

2. The plans shall specify the equipment that should be available to conduct the utility waste landfill operation.

(C) Satisfactory ComplianceóOperations.

1. Waste handling equipment, during filling operations, shall be capable of performing and shall perform the following functions:

A. Spread the wastes to be compacted in layers no more than two feet (2') thick, while confining it to the smallest practicable area;

B. Compact the spread wastes to the smallest practicable volume; and C. Place, spread and compact the final cover as much as practicable.

2. A preventive maintenance program should be employed to maintain equipment in operating order.

3. No waste shall be disposed of in water where the presence of the water will prohibit the proper spreading and compaction of the waste or where a mosquito breeding problem would be created.

(16) Safety.

(A) Requirement. The utility waste landfill shall be designed, constructed and operated in a manner so as to protect the health and safety of personnel and others associated with and affected by the operation.

(B) Satisfactory ComplianceóDesign.

1. Provisions shall be included in the plans to control and limit access to the utility waste landfill in a manner that is compatible with the surrounding land use.

2. Provisions shall be included in the plans to control dust for safety purposes and to prevent a nuisance to the surrounding area.

(C) Satisfactory ComplianceóOperation.

1. Adequate communications equipment shall be available at the utility waste landfill for emergency situations.

2. Access to the utility waste landfill shall be controlled and shall be by established roadways only. The utility waste landfill shall be accessible only when operating personnel are on duty.

3. Traffic signs or markers should be provided to promote an orderly traffic pattern to and from the discharge area and, if necessary, to maintain efficient operating conditions.

4. Dust control provisions shall be utilized as necessary for safety purposes and to prevent a nuisance to the surrounding area.

(17) Records.

(A) Requirement. The owner/operator of a utility waste landfill shall maintain records and monitoring data as specified by the department and file appropriate documents with the county recorder(s) of deeds.

(B) Satisfactory ComplianceóDesign.

Plans shall prescribe methods to be used in maintaining records and monitoring the environmental impact of the utility waste landfill.

Information on recording and monitoring requirements may be obtained from the department.

(C) Satisfactory ComplianceóOperations.

1. Records shall be maintained at the facility site. Records five (5) years old or older may be stored at an alternate site if approved by the department; such stored records must be made available at the landfill upon request of department personnel.

Records must cover at least the following:

A. Major operational problems, complaints or difficulties;

B. Any demonstration, certification, finding, monitoring, testing or analytical data required under sections (4) and (9) of this

rule;

C. Dust and litter control efforts;

D. Quantitative measurements of the waste handled and an estimate of the air space left at the facility. Every two (2) years after the date of the permit issuance and within sixty (60) days of the anniversary date of the permit issuance, the owner/operator shall submit to the department two (2) copies of a topographic map, prepared under the direction of a land surveyor or by aerial photography, showing the current horizontal and vertical boundaries of waste in the utility waste landfill and the boundaries of the utility waste landfill. Maps prepared by aerial photography shall meet the current National Map Accuracy Standards for Photogrammetry as indicated in United States Bureau of the Budget ìCircular A-16 Exhibit C,î dated October 10, 1958;

E. Closure and post-closure care plans and any monitoring, testing or analytical data as required under 10 CSR 80-2.030(4)(A);

F. Any cost estimates and financial assurance documentation required under 10 CSR 80-2.030(4);

G. Inspection records and training procedures as required under subsection (3)(B) of this rule;

H. Records associated with corrective measures as required under section (10) of this rule; and I. The landfill operator shall keep a detailed report of the origin of all waste received. Effective January 1, 1998, on or before January 31 of each calendar year and annually thereafter each utility waste landfill shall submit a report to the department specifying the amount of utility waste received for disposal from states other than Missouri.

2. Upon closing of the utility waste landfill, the existence of the utility waste landfill shall be recorded with the recorder(s) of deeds in the county(ies) where the utility waste landfill is located. The owner/operator may request permission from the department to remove the notation from the deed if all wastes are removed from the facility.

A. A survey and plat meeting the requirements of the current Minimum Standards of Property Boundary Survey 10 CSR 30-2.010 and detailed description of the utility waste landfill shall be prepared by a land surveyor. The survey plat and detailed description, at a minimum, shall contain the following information:

(I) The name of the property owner as it appears on the property deed;

(II) The detailed description of the property;

(III) The general types and location of the wastes and the depth(s) of fill within the property; and (IV) The location of any leachate control or water monitoring systems which shall be maintained after closure and the length of time that these systems are to be maintained.

B. The owner/operator shall obtain approval from the department of the survey plat and detailed description prior to filing with the county recorder of deeds. Filing the plat and detailed description shall be accomplished within thirty (30) days of departmental approval. Two (2) copies of the properly recorded plat and detailed description showing the recorder of deedsí seal or stamp, the book and page numbers and the date of filing shall be submitted to the department within thirty (30) days of filing.

C. Owners of all proposed utility waste landfills as a part of closure of the solid waste disposal area shalló (I) Execute an easement with the department, which allows the department, its agents or its contractors to enter the premises to complete work specified in the closure plan; and (II) Submit evidence to the department that a notice and covenant running with the land has been recorded with the recorder of deeds in the county where the utility waste landfill is located. The notice and covenant shall specify the following:

(a) That the property has been permitted as a utility waste landfill; and (b) That use of the land in any manner which interferes with closure plans, and post-closure plans filed with the department, is prohibited.

Supp. 1996).* Original rule filed Oct. 10, 1996, effective July 30, 1997. *Original authority 1972, amended 1975, 1986, 1988, 1990, 1993, 1995.

Appendix IóConstituents for Detection Monitoring Arsenic (As, μg/l)

Aluminum (Al, μg/l)

Antimony (Sb, μg/l)

Barium (Ba, μg/l)

Beryllium (Be, mg/l)

Boron (B, μg/l)

Cadmium (Cd, μg/l)

Calcium (Ca, mg/l)

Chemical Oxygen Demand (COD,mg/l)

Chloride (Cl, mg/l)

Chromium (Cr, μg/l)

Cobalt (Co, μg/l)

Copper (Cu, μg/l)

Fluoride (Fl, mg/l)

Hardness (calculated, mg/l)

Iron (Fe, μg/l)

Lead (Pb, μg/l)

Magnesium (Mg, mg/l)

Manganese (Mn, μg/l)

Mercury (Hg, μg/l)

Nickel (Ni, mg/l) pH (units)

Selenium (Se, μg/l)

Silver (Ag, μg/l))

Sodium (Na, mg/l)

Specific Conductance (Conductivity at 25∞C, mho/cm)

Sulfate (SO, mg/l)

Thallium (Tl, μg/l)

Total Dissolved Solids (TDS, mg/l)

Total Organic Carbon (TOC, mg/l)

Total Organic Halogens (TOX, mg/l)

Zinc (Zn, μg/l).

12CODE OF STATE REGULATIONS

**History**
- *AUTHORITY: section 260.225, RSMo (Cum.*

## **Division 90** State Parks

### **Chapter 1** Organization and Description

##### **10 CSR 90-1.010** General Organization {#sec-10-csr-90-1.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 90-1.010}

(Rescinded August 30, 2018)

Original rule filed June 14, 1976, effective Nov. 11, 1976. Amended: Filed Sept. 8, 1981, effective Dec. 11, 1981. Amended: Filed March 18, 1987, effective July 23, 1987.

Rescinded: Filed Dec. 29, 2017, effective Aug. 30, 2018.

**History**
- *AUTHORITY: section 253.035, RSMo 1986.*

### **Chapter 2** State Parks Administration

##### **10 CSR 90-2.010** Definitions {#sec-10-csr-90-2.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 90-2.010}

PURPOSE: For the purpose of these rules, the following definitions shall apply.

(1) General Definitions.

(A) Animals.

1. Dangerous animal means an animal, domestic or wild, not under restraint, even temporarily, that has, without provocation, approached in a threatening, menacing, or terrorizing manner any person or domestic animal.

2. Quarantine means to keep an animal in a pen, building, or other secure enclosure from which the animal cannot escape and that keeps the animal from coming into contact with humans or other animals outside the area of confinement.

3. Vicious animal means an animal, domestic or wild, which has without provocation bitten, inflicted injury, assaulted, or otherwise attacked or endangered the safety of a human being or domestic animal.

(B) Designated swim areas are water areas provided for the enjoyment of swimmers, bathers, and sunbathers. Designated swim areas include swimming pools, the fenced area surrounding swimming pools, lakes in which an area is marked or enclosed dedicating its use to swimming, bathing, or sunbathing, and beaches adjacent to any lake’s enclosed swimming area.

(C) Concessionaire is any suitable person, persons, corporation, or association to which the director has awarded by contract the right to construct, establish, and operate public services, privileges, conveniences, and facilities on any land, site, or object under the department’s control as provided in

section 253.080, RSMo.

(D) Director is the director of the Division of State Parks.

(E) Division is the Division of State Parks.

(F) Facility manager. The person directing the overall management, safety, and operation of a state park or historic site.

Normally, that person’s title will be park superintendent or historic site administrator, but other persons may be assigned in the absence of such personnel.

(G) Nonprofit group is any group that has been incorporated as a nonprofit corporation pursuant to Chapter 355, RSMo in the state of Missouri.

(H) Off-road vehicle (ORV) area is a designated area where ATVs and motorcycles may be operated off of park roads and thoroughfares.

(I) Park rangers. Peace officers assigned to manage the law enforcement needs of state parks and historic sites, who are appointed under authority of section 253.065, RSMo, to enforce laws and provide law enforcement services on all lands and waters under the control of the Department of Natural Resources and all roadways within said boundaries.

(J) Park staff is any person employed either full- or part-time by the Division of State Parks or any person volunteering services under the supervision of full-time park employees, but not prison laborers or court-appointed laborers. In areas of state parks or historic sites that are under the control of a concessionaire, the concessionaire or his/her employees are also considered park staff for the enforcement of these rules.

(K) Person is any person (including a minor), partnership, joint-stock company, corporation, unincorporated association or society or municipal, or other corporation of any character whatsoever.

(L) Persons with a disability. Individuals with a disability, as defined in the Americans with Disabilities Act, 42 USCA Section 12102.

(M) Special management regulations are special rules enacted at one (1) or more state parks or state historic sites designed to improve management, protect resources, or assist with the division’s mission to provide outstanding recreational opportunities. Such rules may apply to campgrounds, picnic areas, shelter houses, and other recreational/management zones, and are posted in the state park or state historic site area where they apply.

(N) Trails are recognizable routes intentionally developed and designated for certain modes of travel and are signed indicating their appropriate use.

(O) Vehicles (Non-Licensed).

1. All terrain vehicle (ATV) is a motorized vehicle having a maximum width of 50 inches and a maximum weight of 600 pounds designed to be operated off-road, with handlebar steering and a seat that is straddled by the operator. An ATV may be equipped with two (2), three (3), or more tires. This definition includes motorcycles designed for off-road operation.

2. Electrically-assisted pedal-powered vehicle is a self-propelled vehicle containing an electric motor designed to assist or supplement pedaling, which does not exceed a speed of twenty (20) miles per hour.

3. Other Power-Driven Mobility Device (OPDMD) is any mobility device powered by batteries, fuel, or other engines whether or not designed primarily for use by individuals with mobility disabilities - that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electric personal assisted mobile devices, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair, off-road vehicle, ATV, or motor vehicle.

4. Pedal-powered vehicle. A vehicle consisting of a tubular metal frame mounted on one (1), two (2), or three (3) wirespoked wheels equipped with handlebars and a saddlelike seat, and propelled by foot pedals, more commonly known as a unicycle, bicycle, or tricycle.

5. Vehicle is any mechanical device on wheels, designed primarily for use, or used, on highways, except motorized bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, or cotton trailers or motorized wheelchairs operated by persons with disabilities.

6. Wheelchair is a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or outdoor locomotion.

(2) Camping Definitions.

(A) Basic Campsite. A basic campsite is one that includes a parking pad, fire grill, picnic table, and lantern post.

(B) Camping is a recreational activity in which temporary outdoor living can be experienced.

(C) Camping day is any portion of a twenty-four- (24-) hour period beginning at 3:00 p.m. that a person can occupy a campsite. Campers arriving prior to 3:00 a.m. shall be required to pay the camping fee for the prior day as well as the current day.

(1/29/23) John R. Ashcroft (D) Camping fee is the fee charged campers for each camping day they occupy a site, which is based on available utilities.

(E) Designated campsites are those which are designated by numbered posts.

(F) Electric campsite. An electric campsite is one that includes an electric power supply in addition to the items listed for a basic campsite.

(G) Equestrian camps are areas designated to accommodate campers with horses, donkeys, and mules.

(H) Overflow camping areas are designated to accommodate campers who arrive after all designated campsites are full. This is normally an unimproved area such as an open field.

(I) Sewer/electric campsite. A sewer/electric campsite is one that includes a sewer connection in addition to the items listed for an electric campsite.

(J) Youth camp area. A youth camp area is usually an area with minimal development designed specifically for use by scouts and other nonprofit youth organizations.

(3) Group Camping Definitions.

(A) Group camp. A group facility within a state park or historic site that can accommodate organized groups such as non-profit youth groups, school and church groups, families, and weddings. Group camps include features such as a dining hall with a kitchen, sleeping cabins or barracks, restrooms, and showers.

(B)

Camp director. The person from the using group designated as the authority responsible for the entire camping program.

(C)

New group. For the purpose of group camping applications, a new group is considered to be any group that did not use the requested group camp in the prior year, requested additional or new camp dates, or failed to respond during the preferred application period.

(D) Group camp swim areas are:

1. A swimming pool, which is an engineered structure whose primary use is for swimming; or 2. Any beach or water facility located on a lake and dedicated solely for use by group campers.

**History**
- *AUTHORITY: section 253.035, RSMo 2016. This version filed Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed June 10, 1981, effective Sept. 11, 1981. Amended: Filed March 18, 1987, effective July 23, 1987. Emergency amendment filed April 10, 1987, effective April 20, 1987, expired July 15, 1987. Rescinded and readopted: Filed Oct. 26, 2000, effective June 30, 2001. Amended: Filed June 7, 2018, effective Feb. 28, 2019. Amended: Filed July 18, 2022, effective Feb. 28, 2023.*

##### **10 CSR 90-2.020** Park Management {#sec-10-csr-90-2.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 90-2.020}

PURPOSE: This rule is established for controlled management of the natural resources within state parks and for the safety and welfare of the visiting public, thus permitting every individual a pleasant experience.

(1) Animals. No person shall within a state park or state historic site molest, harm, frighten, kill, trap, hunt, chase, capture, shoot, or throw missiles at any animal; remove or have in their possession the young of any animal; collect, remove, have in their possession, give away, sell or offer to sell, or buy or offer to buy, or accept as a gift, any specimen, alive or dead, any animal; nor purposefully release any animal that was obtained outside state park boundaries within any state park or historic site without written permission from the director. Animals may be collected or used for scientific purposes with written permission from the director. Exceptions include: animals used for interpretive or educational purposes under the guidance of division employees in accordance with that policy; insects, ticks, chiggers causing or about to cause harm to any person; and the taking of animals as provided for by holders of a fishing license under the applicable provisions of the Wildlife Code and as otherwise posted.

(2) Public Sales. Public sales shall not be permitted in, or on, property owned or operated by the division without proper authorization. This applies to all public sales and includes the property of an employee whether employed, terminated, resigned or retired, and also includes concessionaires whose contracts have been broken or terminated.

(3) Public Speeches, Gatherings, Performances, etc. Organized activities are permitted providing the person(s) or representa tives of the requested activity meet minimum management and operational criteria of the respective state park or historic site.

Such activities include, but are not limited to: any political party, social club or society, office aspirant, religious sect, circus or the atrical group, or other public exhibition, debate, drill or parade, musicians, weddings, public speeches, and performance of any act or ceremony. Such activities require the written permission of the facility manager. Procedures for requesting permission, defining the scope and nature of the activity, limits and restric tions, and approval/disapproval notification are specified in the division’s policy manual.

(4) Contributions. No person shall solicit contributions for any

purpose, whether public or private, in any state park or historic site without the written consent of the director or designee.

(5) Vending, Peddling, etc. No person shall sell or offer for sale, hire, lease, or let out any other thing or engage in any business or erect any building, booth, tent, stall or any other structure whatsoever whether temporary or permanent within any state park or historic site, without written permission from the director. Exception is made to any regularly licensed concessionaire acting by and under authority and regulation of the Department of Natural Resources and providing food, goods, and services for the benefit of the public. Any licensed concessionaire may waive, in writing, their exclusive privilege to provide food, goods, and services.

(6) Signs.

(A) Official Signs. Any sign, posted by park staff necessary for the safety of visitors or maintenance of the facility, in any state park or historic site which requires or prohibits certain conduct of persons or vehicles shall be obeyed.

(B) Other Signs. No sign, notice, or advertisement of any nature shall be erected in any state park or state historic site without permission from the facility manager or designee.

(7) Broadcasts. No musical instrument, radio, tape recording, television, or sound track shall be operated or any noise made for the purpose of attracting attention to any person, political party, religious institution, or meetings or assemblies thereof, or for the purpose of demonstrating, advertising, or calling atten tion to any article or service for sale or hire within a state park or historic site, without proper authorization.

(8) Disorderly Conduct. No person shall disobey a reasonable order of a facility manager, ranger, caretaker, or other autho rized park staff; commit a nuisance, use abusive language, or unreasonably disturb or annoy others within a state park or historic site. An example of an unreasonable disturbance or an noyance is the operation of any music making or noise-making device at a volume determined by authorized personnel to be excessive.

(9) Refuse and Trash. No person shall deposit any garbage or waste in any part of any state park or state historic site except in containers or places designated for these purposes. Any material so disposed of shall have been generated at that state park or state historic site unless the director approves the location to receive sewage disposal from other state park or state historic site locations.

(10) Pollution of Waters. No person shall:

(A) Throw, discharge, or otherwise place or cause to be placed in the waters of any pool, fountain, pond, lake, stream, storm sewer or drain flowing into the waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of waters; or (B) Dump or deposit any bottles, broken glass, ashes, papers, boxes, cans, waste, garbage, or other trash in any waters in or contiguous to any state park or state historic site.

(11) Pets and Animals at Large.

(A) No person shall allow any domestic or other animal under his/her control or ownership to range within any state park or historic site unless restrained by a leash not longer than ten (10) feet held by a person capable of restraining a pet or firmly affixed to some stationary object so as to prevent the animal from ranging at large. Controlling an animal by using an electric collar does not meet the requirements of this rule or state law. Except for service animals assisting persons with disabilities as defined in the Americans with Disabilities Act, no domestic household or other animal shall be allowed inside any state park or historic site building under the control of either the division or a concessionaire licensed by the Department of Natural Resources unless permission is granted by the director. Park staff are authorized to capture and take any animals running at large to a local veterinarian, animal shelter, or animal impound. If the owner can be identified, the owner is responsible for all necessary fees involving the capture and impounding of the animal.

(B) Park staff, and specifically when possible park rangers, shall investigate all animal bites or attacks and recommend a classification of the incident and a determination concerning each reported animal bite or attack.

1. The investigating staff member shall determine if the bite/attack was accidental or non-accidental. If non-accidental, the animal shall be determined to be dangerous or vicious.

No animal is considered dangerous or vicious if the approach, injury, or damage was sustained by a person who was tormenting, abusing, or assaulting the animal; or was committing or attempting to commit a crime or intentional tort which would warrant immediate defense of person or property.

2. All animals involved in bites or attacks are subject to immediate impoundment by the investigating park staff. Park staff or peace officers are authorized to use lethal force to apprehend animals involved in a bite or attack.

3. Owners of animals are subject to fines, penalties, and any necessary capture, disease tests, impound, quarantine fees, and medical bills incurred by park staff for the animal’s removal.

Owners are required to report bites or attacks to park staff.

(12) Traffic.

(A) OPDMDs may be used by persons with disabilities in all areas open to pedestrian use unless any of the following apply:

1. The type (gas or electric), size (width, height, length), weight, dimensions (tire size, ground clearance), and/or speed precludes its safe and/or non-hazardous operation;

2. Environmental conditions (volume of pedestrians, design, indoor operations characteristics, square footage, stationary barriers) preclude its safe and/or non-hazardous operation;

3. Operation of the device can reasonably be expected to damage the environmental, natural, or cultural resources;

4. The device is precluded by other operational restrictions;

5. Operation of the device conflicts with federal laws or regulations;

6. The state park or state historic site is unable to store the device, if requested;

7. Usage would violate 10 CSR 90-2.020, 10 CSR 90-2.030, 10 CSR 90-2.040, or any other state or federal law; or 8. The individual is operating the OPDMD in an unsafe or disruptive manner.

(13) Park Rangers, Appointment, Powers as Peace Officers. Park Rangers and commissioned facility managers, employed as peace officers by the division under the authority of 253.065, RSMo, are empowered to enforce the provisions of 10 CSR 90- 2.010 through 10 CSR 90-2.060 and all applicable state laws.

(14) Parking.

(A) Parking areas are designed and developed within state parks and state historic sites specifically for the use of state park and state historic site visitors only and those vehicles driven or chartered by state park or state historic site visitors.

Open containers of intoxicating liquor and/or non-intoxicating beer are prohibited in parking areas and other areas as designated by the division director.

(B) The division hereby establishes parking spaces for persons with disabilities, marked as indicated in section 304.143, RSMo, when their vehicles display a license or placard as defined in section 301.071 or 301.142, RSMo. Misuse of these spaces is a violation of state law and is punishable under state law.

(15) Enforcement. It is the responsibility of the facility manager, park ranger, and all other park staff as assigned to administer, enforce, and encourage compliance with all the provisions of

##### **10 CSR 90-2.010** through 10 CSR 90-2.060, all other rules, division policies, and state statutes as they apply to state parks in general. {#sec-10-csr-90-2.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 90-2.010}

(16) Discharging Weapons. The discharging of any device which propels an object, including, but not limited to, rifles, pistols, shotguns, BB guns, paintball guns, bow and arrows, sling shots, or any devices which use burning powder, explosives, compressed gases is prohibited, except in areas designated by the director. This does not apply to acts of self-defense or to peace officers or park staff acting in the line of duty.

(17) Cabins and Other Lodgings. The division or a concessionaire may administer policies governing the use and rental of cabins and other lodgings designed to improve management, protect the resources, or assist with the division’s mission for providing outstanding recreational opportunities based on the needs of a facility. Minimum rules for all cabins and other lodging including, but not limited to, check-in and checkout times, prohibitions against disorderly conduct, and hours to maintain quiet shall be approved by the director and posted in each rental unit.

Amended: Filed May 23, 1977, effective Oct. 13, 1977. Amended:

Filed June 10, 1981, effective Sept. 11, 1981. Amended: Filed Dec. 14, 1983, effective March 12, 1984. Amended: Filed March 18, 1987, effective July 23, 1987. Emergency amendment filed April 10, 1987, effective April 20, 1987, expired July 15, 1987. Emergency amendment filed Aug. 5, 1987, effective Aug. 15, 1987, expired Dec. 15, 1987. Amended: Filed Aug. 5, 1987, effective Dec. 12, 1987.

Rescinded and readopted: Filed Oct. 26, 2000, effective June 30, 2001. Amended: Filed June 7, 2018, effective Feb. 28, 2019.

State ex rel. Taylor v. Anderson, 242 SW2d 66 (1951). The State Park Board is a state agency, expressly given the power to make and promulgate all rules and regulations as it may deem necessary for the proper maintenance, improvement, acquisition and preservation of all state parks. Therefore, letter granting defendant permission to operate sight-seeing boat tours within state park, written 10 years prior, could constitute no more than a bare license, or permit, subject to withdrawal or cancellation at the pleasure of the State Park Board.

**History**
- *AUTHORITY: section 253.035, RSMo 2016. Original rule filed May 17, 1954, effective May 27, 1954. Amended: Filed Nov. 24, 1959, effective Dec. 3, 1959. Amended: Filed Jan. 16, 1963, effective Jan. 26, 1963. Amended: Filed Dec. 31, 1975, effective Jan. 10, 1976.*

##### **10 CSR 90-2.030** Camping and Recreational Activities {#sec-10-csr-90-2.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 90-2.030}

PURPOSE: This rule is established as a means of informing the public of the availability, restrictions, and proper usage of the various recreational activities and facilities provided in state parks.

(1) Any violation of the general rules, regulations, division policies, and state statutes occurring in a campground in any state park or state historic site is also a violation of division campground management rules.

(2) Camping Fee. Methods of collecting the camping fee (site to site, office, fee booth, etc.) for each campground shall be posted as public information. Camping permits, once issued and paid for, are nontransferable.

(3) Camping Areas. Camping areas are for overnight camping only. Camping is permitted only on designated campsites, overflow camping areas, and other camping areas, unless otherwise authorized by the director or his designee.

(4) Campsite Capacities.

(A) The allowable and acceptable occupancy on one campsite is as follows: Two (2) sleeping units, only one (1) of which can be wheeled, and one additional non-sleeping mode of transportation vehicle; or two (2) tents and two (2) non-sleeping modes of transportation vehicles. The facility manager must approve this and any other exceptions to the campsite capacity limits.

(B) Six (6) people is the maximum number allowed per campsite, unless the group is defined as indivisible.

1. Indivisible. A group of persons, campers, tents, and vehicles that cannot be reasonably divided to occupy more than one (1) site. Examples: Parent(s) or guardian(s) with minor children or dependents; or a single motorized camper with its occupants.

(C) Vehicles and Trailer Wheels. All wheeled vehicles and trailers (boat, etc.) must be confined to the campsite parking pads or other designated parking areas. Unless otherwise provided under the special management regulations, no wheeled vehicles or trailers shall be allowed to park on the grass or along campground roads.

(D) Capacities may be limited by campsite design.

(E) Only one (1) electric plug-in is allowed at each campsite.

(5) Campsite Availability. Reservations are accepted for most campsites during a certain portion of the year. Unreserved and nonreservable campsites are available on a walk-up registration basis. A valid camping permit documents reservation and takes priority as evidence and first right of occupancy for the standard camping day in the event the campsite is inadvertently occupied by anyone other than the original holder of the camping reservation.

(6) Quiet Hours. Campground quiet hours are between 10:00 p.m. and 6:00 a.m. All non-campers are required to leave the campground by 10:00 p.m. This regulation prohibits any excessive or disruptive noises that are defined as noise emanating from radios, stereo systems, televisions, electric generators, loud conversations, etc., which can be heard by other persons not on the same campsite or same general area. The use of excessive or disruptive noises applies elsewhere and is not permitted between the hours of 6:00 a.m. and 10:00 p.m. also, unless otherwise allowed by the facility manager.

(7) Camping Limits. Camping is limited to any fifteen (15) days within a thirty (30) consecutive day period at one park, unless otherwise provided by special management regulations. This limit applies to any individual, group, and/or camping unit.

(8) Unattended Property. Campers shall not be allowed to leave personal property unattended on a campsite for more than twenty-four (24) hours without written permission from the facility manager or designee for special circumstances such as medical emergencies or equipment failure.

(9) Holding or Reserving a Campsite.

(A) In addition to a camper’s own campsite, one (1) additional campsite may be held for another camper anticipated to arrive later that same day, so long as substantial personal property is placed on the campsite, the fee for the additional campsite has been paid, and the permit posted at the campsite.

(B) Reservable campsites shall not be occupied without a reservation, or directions from the park staff. A camping reservation may be forfeited if the camper has not arrived and has not made contact with park staff to arrange for late arrival by 3 p.m. on the day after the camper’s scheduled arrival date.

(10) Camping Services. The facility manager will post in plain view of arriving campers an enumerated list of camping services and the inclusive dates and times those services are offered.

(11) Campsites Designated for Persons with Disabilities. Campsites designed for persons with disabilities may only be reserved by a party that includes at least one (1) person with a disability. Camping permits for these sites may be issued to parties that do not include a person with a disability for the same day and up to seven (7) days before the day of reservation when all other campsites of the same type (basic, electric, sewer/electric, sewer/electric/water) have been sold. Such permits will allow the party to occupy the campsite designated for persons with disabilities for the duration of their stay.

(12) Overflow Camping. Overflow camping areas to accommodate special circumstances may be established by the facility manager with the approval of the district office. The duration of use and location of overflow camping areas will be determined by the facility management to provide limited overnight campsites within the capabilities of the facility and its resources.

(13) Special Use Camp Areas.

(A) Special use camp areas may be reserved up to twelve (12) months in advance online or by contacting the applicable facility. Priority shall be given to nonprofit, youth organizations, and/or applications based on date of submission if more than one (1) request is received simultaneously.

(14) Equestrian Camping.

(A) Equestrian campers must camp in designated equestrian camping areas and comply with all health and safety laws and regulations.

(B) Animals are the responsibility of their owners.

(15) Camping along trails is permitted as follows:

(A) Along certain designated bicycle, equestrian, and backpacking trails;

(B) By registering before using the trail; and (C) In appointed areas along the trail unless otherwise posted, then at least one hundred (100) feet from the designated trail, and at least two hundred (200) feet from any public use area facilities.

(16) General Camping Rules.

(A) The following are prohibited:

1. Occupying a campsite without a valid camping permit;

2. Discharging of sewage or treated water, commonly referred to as “grey water,” from tents, campers, or recreational vehicles, except at designated locations;

3. Fires outside of the fire pits, barbecue grills (where provided), and other locations approved by the facility manager;

4. Leaving a fire unattended;

5. Hanging of lanterns on trees or shrubs;

6. Trenching around tent camps for protection against water or wind damage; and 7. Using electronic insect killing devices.

(B) Hammocks may be used with one-inch (1") wide nylon straps when tying off to a tree. Use may be prohibited depending on the campsite logistics.

(C) Fires may be prohibited throughout the state park or state historic site by special order of the facility manager when fire conditions warrant.

(17) Swimming.

(A) No person shall— 1. Swim, bathe, or otherwise enter any waters owned by, leased to, or under the control of the division that is marked as non-swimming or restricted, or as instructed by the facility manager or designee;

2. Dress or undress on any beach, in any state building, or other place in a state park or state historic site area, except in bath houses, personal camping units, or structures provided and maintained for that purpose;

3. Throw, cast, lay, or deposit any glass, crockery, or any

part thereof, or any metallic substance in any swimming area in any state park or state historic site;

4. Bring a dog or pet into a designated swimming beach or area as otherwise posted, except for service dogs assisting a person with a disability;

5. Wash their body, dogs, or pets with or without soap or other cleansers in swimming areas or any waters under the control of the director; or 6. Possess intoxicating liquor and/or non-intoxicating beer in any designated swimming area or adjacent parking lots, or other areas as posted.

(B) Swimmers and bathers shall be dressed at all times in proper attire that conforms to commonly accepted social standards.

(C) Swimming beaches and pools may be closed to the public and bathing therein be prohibited at any time when, in the opinion of the facility manager or concessionaire, bathing is dangerous or otherwise inadvisable.

(D) Fishing and boating are permitted only outside designated swim areas.

(18) Picnic Areas and Use. Areas are designated for picnicking to include such amenities as parking, picnic tables, fire grills, and restrooms. Picnicking is permitted in any state park or historic site in areas set apart and designated for that purpose. Picnicking is not permitted in designated campgrounds.

(A) Use of grills, tables, and benches generally follows the

rule of first-come first-served, but no person or group shall use any picnic area, shelter, or facility to the exclusion of other persons for an unreasonable time if facilities are crowded, as determined by the facility manager.

(B) Fires are permitted only in personal campstoves, or grills provided by the state park or state historic site for outdoor cooking. Each picnicking party is responsible for ensuring their fire is completely extinguished before leaving the area, unless it is to be used by others.

(C) Each picnicking party is responsible for ensuring that all trash, such as boxes, cans, papers, bottles, garbage, and other refuse is placed in receptacles provided for that purpose, or is carried out as otherwise required at posted locations.

(19) Horses, donkeys, and mules are permitted only in designated areas within state parks and state historic sites and are not permitted in non-equestrian camping areas, picnic areas, or other public use areas. Horses, donkeys, and mules shall have a rider on them or be tied in a designated area. Horses, donkeys, and mules shall not be ridden on foot trails, through streams, off designated trails, or tied to trees without the permission of the facility manager. In those facilities that require a rider’s permit or that seasonally close riding trails or areas, it is the responsibility of the rider to obtain the proper permit.

(A) Equestrian owners or riders must show proof of current negative Coggins test (equine infectious anemia) upon request by appropriate park personnel and can be denied access to the facilities if such proof cannot be provided.

(B) In those undeveloped areas where horseback riding is permitted at random, horses, donkeys, and mules shall be properly restrained, ridden with due care, and shall not be permitted to graze unattended.

(20) Hunting. No individual shall use or discharge weapons of any type in any state park or historic site, without written permission of the director with the following exception:

(A) Hunting shall be permitted in designated areas of Missouri’s state parks only during periods of special hunts, which shall be sponsored jointly by the Department of Natural Resources’ Division of State Parks and the Department of Conservation to control or prevent animal overpopulation or to control or prevent problems related to overpopulation such as damage to natural resources, property damage, or public health hazards.

Due to the changing locations of these hunts and conditions for hunting, the policies governing them shall be developed and announced jointly by the division and the Missouri Department of Conservation prior to the designated hunts.

(21) Fishing.

(A) Commercial fishing or the buying or selling of fish caught in park waters is forbidden.

(B) Fishing may be prohibited in certain areas as designated by the director and upon the proper posting of these areas.

(22) Boating. Unless otherwise prohibited boating is allowed in state park waters in accordance with state and federal rules and regulations. State park waters fall under the jurisdiction of various state and federal agencies. The Missouri Water Patrol, Missouri Coast Guard, U.S. Army Corps of Engineers, and/or Missouri Department of Conservation promulgates the regulations pertaining to boating. Specific regulations regarding boating generally are posted at points of access.

(A) The following actions are prohibited:

1. Launching or removing watercraft from any park waters (waters totally owned by the Department of Natural Resources) or tying to trees or land objects, except at places designated for this use;

2. Leaving a privately-owned boat or watercraft of any kind in park waters in excess of twenty-four (24) hours without written permission of the facility manager or designee; and 3. Renting, hiring, or operating for charge any kind of boat or watercraft, whether powered or not, on any state park or state historic site waters without written permission from the director.

(B) The director may establish limits for the horsepower of outboard motors that may be operated in park waters; limits are posted at each respective location.

(C) On waters managed under agreement with the Department of Conservation, special regulations specified in 3 CSR 10-4.116 also apply and may be enforced by park staff.

(23) Shelter Houses. Open shelters and/or enclosed shelters may be provided in the day use areas of Missouri’s state parks and state historic sites.

(A) Open and enclosed shelters may be reserved up to twelve (12) months in advance online or by contacting the applicable facility or contracted concessionaire, with full payment being made at time of reservation.

(B) Shelter rental fees are established by the division director and posted for public reference.

(C) Reservations cancelled less than seven (7) days prior to the day of reserved use causes forfeiture of the shelter fee.

(D) When reserving an enclosed shelter, an individual from the reserving group must contact the respective facility manager or designee to arrange for the building to be unlocked prior to the agreed upon time of use and locked at the end of use.

(E) Shelters must be vacated by 10 p.m. daily, or earlier if the shelter is located in an area that closes before 10 p.m.

(F) When not reserved, open shelters are available for firstcome, first-served use at no cost. Enclosed shelters are available by reservation only.

(24) Historic Structures. Fees charged for entrance to historic sites, their associated structures, museums, or features may be established by the director of the Department of Natural Resources and posted at the historic sites alongside the hours of operations.

(A) Consumption or introduction of foods or drinks in any state historic building is prohibited unless in areas so designated for the public or upon permission of the facility manager or the director.

(25) Off-Road Vehicle (ORV) Areas.

(A) ORV areas are located in Finger Lakes and St. Joe state parks.

(B) ATVs and motorcycles may be operated in ORV areas. The operation of other vehicles may be permitted with the proper authorization. Other motorized vehicles are specifically prohibited on wooded trails at St. Joe State Park, except for maintenance and rescue operations. ATVs and motorcycles are prohibited on the beaches, beach access trails, and paved roads.

(C) Passengers are not permitted on ATVs or motorcycles.

Where permitted by the manufacturer, other motorized vehicles may carry as many passengers as there are seat positions provided that all passengers wear seatbelts.

(D) Operators of ATVs and motorcycles, and operators and passengers of other motorized vehicles without fully enclosed metal cabs, must wear protective helmets that meet United States Department of Transportation or ANSI Z90.1 certification.

(E) Motorized vehicles, except motorcycles, must be equipped with a flexible mast, minimum of 72 inches in length, with a day-glow orange or yellow flag measuring at least 72 square inches displayed at the top of the mast.

(F) All ATVs and motorcycles must be equipped with a spark arrestor, functioning brakes, and muffler designed so that the noise level does not exceed eighty-six (86) dbA.

(G) Before entering the ORV area, each off-road vehicle may be inspected by park staff for compliance with the safety equipment requirements.

(H) The speed limit within the staging area or the entrance road to the ORV area shall be five (5) miles per hour, with the speed limit in the designated buffer area between the staging area and the ORV riding area set at twenty (20) miles per hour.

No exhibition driving will be allowed within these areas.

(I) Operators under sixteen (16) years of age and/or unlicensed operators must have direct supervision of a licensed adult while operating a motorcycle or ATV.

(J) Use of or being under the influence of alcohol or drugs while operating an ATV or motorcycle is prohibited. Open or closed containers of intoxicating liquor and/or non-intoxicating beer are prohibited in ORV areas, staging areas, entrance roads, and other areas designated for ORV operation.

(K) Access to the lakes in the ORV area at St. Joe State Park shall be provided to persons for the purpose of fishing only.

Vehicle access requires a pass to be obtained from park staff, which may be revoked for unauthorized conduct.

(L) A use permit will be required for each ORV operated in the ORV area. The director shall establish the types of permits and the permit fee.

(M) ATVs and motorcycles shall be unloaded and loaded only on designated locations within the ORV areas.

(N) Areas within the ORV area may be posted as closed to vehicle traffic for emergencies or due to other management practices.

(26) Use of Pedal-Powered or Electrically Assisted Pedal-Powered Vehicles. To facilitate accessibility to the public, the use of pedal-powered and electrically assisted pedal-powered vehicles is permitted on all trails designated for bicycle use.

(27) Other Recreational Activities.

(A) State parks and historic sites provide opportunities for our visitors to engage in varied recreational activities. However, the division maintains the right to prohibit or otherwise restrict recreational activities that are not in keeping with the mission and objectives of the Department of Natural Resources, that may damage property, that require special safety measures, or that conflict with other uses of an area. Such prohibitions or restrictions shall be determined by the director, who may establish policy or procedures to regulate conduct.

(B) Specific recreational activities that are restricted by policy include using metal detectors, caving, rock climbing and rappelling, diving, and conducting special events and activities.

(C) Additional recreational activities may be restricted by policies established after the effective date of this provision and/or by signage.

Amended: Filed March 31, 1982, effective Aug. 12, 1982. Amended:

Filed Dec. 14, 1983, effective March 12, 1984. Amended: Filed Jan. 11, 1984, effective May 11, 1984. Amended: Filed April 5, 1985, effective June 27, 1985. Amended: Filed March 18, 1987, effective July 23, 1987. Emergency amendment filed April 10, 1987, effective April 20, 1987, expired July 15, 1987. Rescinded and readopted: Filed Oct. 26, 2000, effective June 30, 2001. Amended: Filed June 7, 2018, effective Feb. 28, 2019. Amended: Filed July 18, 2022, effective Feb. 28, 2023.

Amended: Filed May 28, 2025, effective Dec. 30, 2025.

**History**
- *AUTHORITY: section 253.035, RSMo 2016. This version of rule filed Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed Jan. 16, 1978, effective May 11, 1978. Amended: Filed May 29, 1981, effective Sept. 11, 1981. Amended: Filed June 10, 1981, effective Sept. 11, 1981.*

##### **10 CSR 90-2.040** Park Property {#sec-10-csr-90-2.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 90-2.040}

PURPOSE: This rule is established to ensure the care and protection of all natural and manmade resources within state parks and historic sites.

(1) Buildings, Signs, and Other Property. No person shall in any manner willfully mark, deface, or injure in any way, or displace, remove, or tamper with any state park or historic site buildings, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities, or parts or appurtenances thereof, park signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers or other structures, equipment or facilities, without written permission from the director.

(2) Unauthorized Use or Removal of Park Property. No person shall dig, move, mar, deface, or remove from any state park or historic site area any beach sand, gravel, or minerals, whether submerged or not, or any soil, rock, artifacts, relics, stones, trees, shrubs or plants, down-timber, or other wood materials, or make any excavation by tool, equipment, blasting, or other means or agency, or construct or erect any building or structure of whatever kind whether permanent or temporary in character or run or string any public service utility into, upon or across the lands, without written permission from the director.

(3) Climbing on Property. No person shall climb, clamber on, or over any buildings, structures, forts or ruins in any state park, or historic site unless s/he is conducted by the facility manager or his/her authorized representative.

(4) Trees, Shrubbery, Lawns, etc.

(A) No person shall:

1. Cut, carve, or injure the bark, or break off limbs or branches or mutilate in any way, or pick the flowers of any plant species within any state park or state historic site;

2. Dig in or otherwise disturb or destroy grass areas, or lawns, pile debris or material of any kind on state park or state historic site grounds or attach any rope, wire, or other contrivance thereto; or 3. Plant or remove any vegetation and/or proagules (seeds, roots, etc.), or collect or remove flowers or other plant parts without written permission from the director.

(B) Persons may collect wild edible fruit, berries, seeds, and nuts (excluding below-ground plant parts) in a quantity not to exceed a one (1) gallon container for personal consumption within a state park or state historic site.

(C) For personal consumption outside a state park or state historic site, persons may collect edible mushrooms by hand in a quantity not to exceed a two (2) gallon container.

(5) Caves. Any person desiring to enter a natural cave in any state park or state historic site shall comply with the requirements posted at the cave entrance. If no sign is posted at the cave entrance, then the facility manager or designee must be contacted to determine access requirements. This same person shall check out with the facility manager or his/her representative prior to leaving the park. Overnight camping is not permitted in caves or mines. The following conditions will be met for those caves in which a permit is issued or the permit will be revoked:

(A) If under eighteen (18) years of age, have the signature of a parent or guardian or be in the company of a parent or guardian;

(B) Be familiar with division rules and agree not to litter, remove, injure, disfigure, deface, or destroy any living organism, object, or portion of the cave;

(C) Have three (3) individual sources of light per person;

(D) Wear a hard hat;

(E) Carry plastic bags for each person for removal of trash and solid human waste and spent carbide; and (F) Carry one (1) first-aid kit per group in the cave with them.

(6) Limited Access Areas. Certain areas within state parks and state historic sites possessing unusual natural significance and being vulnerable to damage resulting from public access shall be designated and signed as limited access areas by the director. Entrance to limited access areas shall require the permission of the facility manager.

(7) Bridge Load Limits. Certain bridges owned and maintained by the Department of Natural Resources will be posted with load limit and speed limit signs as required to ensure the safety of the motorists and to preserve the integrity of the bridge structures. These limits shall conform to recommendations resulting from engineering studies or Missouri Department of Transportation evaluations.

Amended: Filed Jan. 16, 1978, effective July 13, 1978. Amended:

Filed March 25, 1981, effective Aug. 13, 1981. Amended: Filed June 10, 1981, effective Sept. 11, 1981. Amended: Filed Nov. 2, 1983, effective Feb. 11, 1984. Amended: Filed March 18, 1987, effective July 23, 1987. Amended: Filed Oct. 26, 2000, effective June 30, 2001.

Amended: Filed June 7, 2018, effective Feb. 28, 2019.

**History**
- *AUTHORITY: section 253.035, RSMo 2016. Original rule filed May 17, 1954, effective May 27, 1954. Amended: Filed Nov. 24, 1959, effective Dec. 3, 1959. Amended: Filed Jan. 16, 1963, effective Jan. 26, 1963. Amended: Filed Dec. 31, 1975, effective Jan. 10, 1976.*

##### **10 CSR 90-2.050** Organized Group Camps {#sec-10-csr-90-2.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 90-2.050}

PURPOSE: This rule is established to provide an orderly procedure in making the facilities available to the public and guaranteeing their safety and welfare while using these facilities.

(1) Application Procedure.

(A) Group camps shall be available for use from April 15 through October 15 each year.

(B) Any group may apply to reserve a group camp online or by contacting the applicable facility.

(C) Applications for reservations may be taken up to twelve (12) months in advance of the day of arrival. All applications for the next calendar year open season are due by October 16.

Those groups applying after that date will be offered remaining dates. The reserving party must also indicate a second and third priority stay period. Rental priorities shall be given to nonprofit, youth organizations, and/or applications with the earliest postmark.

(D) The camp schedule shall be set not later than November 15. In the event of duplicate requests, the facility manager has the right to consider second and third priorities in preparing the schedule. If after considering priorities, a conflict still exists between the requests of two (2) groups, a drawing may be prepared.

(E) Cancellation of reservations shall be made forty-five (45) days prior to the arrival date as listed on the permit or with the prior approval of the facility manager. Cancellation of reservations without prior approval or within forty-five (45) days of the arrival date shall result in the forfeiture of the deposit.

(2) Fees.

(A) A deposit fee shall be made payable to the Missouri Department of Natural Resources upon confirmation of the reservation.

(B) The director of the Department of Natural Resources shall approve fee schedules for the use of group camps and facilities.

(3) Check-In and Checkout Procedures.

(A) Check-In Procedures.

1. Check-in must occur no later than 3 p.m. on the date of arrival, as stated in the letter of confirmation.

2. Groups arriving after 3 p.m. may be charged an hourly rate for each hour they are late.

3. The camp director must arrive at the park prior to the group, have in his/her possession a copy of the confirmation letter and group camp policy manual, and check in with designated park staff in the park office.

4. The camp director and park staff shall make an inventory of the facilities, to be signed by the camp director and kept in the park office. No one can move into the cabins until the inventory is completed.

(B) Check-Out Procedures.

1. Check-out must occur no later than 3 p.m. on the date of departure, as stated in the letter of confirmation.

2. Groups departing after 3 p.m. may be charged for an additional day. Group camp minimums and appropriate utility fees will be charged for late check-outs.

3. The camp director and park staff shall make an inventory of the facilities, to be checked against the inventory made at check-in, and any damages or shortages will be charged to the rental group.

4. Charges for damages, shortages, the amount of utilities used, and the rental charges—less the deposit—shall be paid at the time of departure.

(4) Staffing.

(A) The using organization shall provide minimum supervision consisting of a camp director and a ratio of counselors to campers that conforms to minimum standards established by the American Camping Association, as well as necessary qualified personnel for all phases of the camp program.

(B) Campers shall be supervised at all times.

(5) General Policy.

(A) The division shall close a camp and cancel a group’s reservation at the time that use of the facilities is found to be detrimental to the health and safety of the campers. A camp may be closed at the discretion of the division director if the group’s program is not in keeping with the mission and objectives of the Department of Natural Resources or the group refuses to abide by the rules established by the division. In these cases, all deposits shall be forfeited and all fees incurred to date shall be paid upon departure.

(B) User groups shall maintain the facilities assigned, including grounds, during their stay at camp and shall leave them clean. The camp director shall ensure they are clean and hazard free, and report any facility in need of repair to the facility manager.

(C) Representatives of the division shall inspect the kitchen as often as necessary to ensure groups meet the laws and regulations governing food services as set forth by the Missouri Department of Health. If the using group fails to comply with the standards set forth by the Department of Health, the division shall close that facility.

(D) Intoxicating beverages and/or non-intoxicating beer shall not be allowed without written authorization from the facility manager.

(E) Outdoor fires shall be permitted only by approval and as designated by the facility manager, and shall not be left unattended. No other fires shall be started except in fireplaces provided for that purpose.

(F) Groups wishing to have a rifle or archery range activity within the park shall request written permission from the facility manager.

(G) No alterations, changes, or additions shall be made to existing facilities. No building shall be constructed; no tents erected; or house or travel trailers parked within the camp area without written permission from the facility manager.

(H) All users of group camp swimming pools shall require the presence of a lifeguard who holds an American Red Cross Lifeguard Certificate or equivalent.

(I) Regulations governing the use of a group camp swim area are as follows:

1. All registered youth groups must have a lifeguard, who holds a senior or instructor’s lifesaving certificate or equivalent, present during any use of the designated swim area;

2. Registered adult groups may swim without a lifeguard present;

3. Children accompanying a registered adult group must have an adult present when swimming; and 4. All users must comply with posted rules and regulations.

(J) All buses and cars are to be driven only on the entrance road and parked in the lots provided. Only in case of emergency will they be allowed on service roads or within cabin areas.

(K) The camp director shall have transportation available at all times.

(L) Permittee waives and releases all claims against the state of Missouri for any damage to person or property arising from the exercise of the privileges granted by the facility permit.

Amended: Filed June 7, 2018, effective Feb. 28, 2019. Amended:

Filed July 18, 2022, effective Feb. 28, 2023. *Original authority: 253.035, RSMo 1961 amended 1967, 1983, 1993, 1995.

**History**
- *AUTHORITY: section 253.035, RSMo 2016. This version filed Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed June 10, 1981, effective Sept. 11, 1981. Amended: Filed Dec. 14, 1983, effective March 12, 1984. Amended: Filed March 18, 1987, effective July 23, 1987. Rescinded and readopted: Filed Oct. 26, 2000, effective June 30, 2001.*

##### **10 CSR 90-2.060** Outdoor Education Center {#sec-10-csr-90-2.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 90-2.060}

(Rescinded August 30, 2018)

**History**
- *AUTHORITY: section 253.035, RSMo 2000. This version filed Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed June 10, 1981, effective Sept. 11, 1981. Amended: Filed March 18, 1987, effective July 23, 1987. Rescinded and readopted: Filed Oct. 26, 2000, effective June 30, 2001. Rescinded: Filed Dec. 29, 2017, effective Aug. 30, 2018.*

##### **10 CSR 90-2.070** Fencing on Park-Owned Property {#sec-10-csr-90-2.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 90-2.070}

PURPOSE: This rule is established to provide procedures and guidelines in considering requests by adjacent landowners to fence common boundaries for purposes of preventing intrusion from livestock or commercial game.

(1) Fencing on Park-Owned Property. The division director shall have the authority to fence any state park or historic site or parts thereof when fencing is essential for the use, care, and preservation of the park or park lands in question.

(2) The division may participate in fencing park and historic site boundaries for the purpose of preventing intrusion from livestock or commercial game in accordance with Chapter 272, RSMo. Fencing requests shall be submitted in writing and approved by the director or his/her designee. The division’s procedures for participating in fencing of park and historic site boundaries for this purpose are as follows:

(A) All fencing requests shall be directed to the Missouri Department of Natural Resources, Division of State Parks, PO Box 176, Jefferson City, MO 65102;

(B) A “Fencing Request Form” shall be completed by the landowner and submitted to the address above;

(C) Division personnel shall conduct an on-site inspection to determine need, natural, and cultural resource impacts, fencing materials as defined in Chapter 272, RSMo, and reasonable cost of the fencing materials. The division shall also assess the accuracy of the fence location along the boundary based on survey information and by consulting with the division’s survey crew. If the accuracy of the boundary is in question, the division may require a boundary survey, the cost of which shall be equally shared by the department and the landowner requesting the fence; and (D) The landowner shall receive written notification of approval or denial of their request from the division within sixty (60) days of receipt of the Fencing Request Form at the above division address.

1. If approved, the landowner shall be responsible for fence construction and to utilize fence construction methods that do not damage trees, structures, soil, wetlands, habitat for sensitive species, geologic, cultural, historic, and other resources that occur within the park or historic site boundary.

Fence construction methods shall not employ modification of soil or debris elevations that drain wetlands or cause the impoundment of water on property owned by the department.

The fence must be located on the boundary line to the extent that the line can be identified or verified. Any variances to these requirements must be approved, in writing, by the director or his/her designee.

2. The division, at its own expense, will provide all fence construction materials to the landowner and shall monitor the construction activities to ensure compliance with this section.

The cost of fence material shall constitute the department’s share of costs to provide an enclosure as provided for in sections 272.020 and 272.060, RSMo.

3. The landowner and its successors are responsible for maintaining the fence, which shall include removing brush, vines, woody regrowth or resprouting of approved cut trees on state park property at no greater a distance than three feet (3') inside the park boundary. The landowner is not permitted to access park property with brushhogs, tractors, heavy equipment, ATVs, motorcycles, or any other vehicle of any kind without permission from the park or historic site facility manager. The landowner is not permitted to apply any herbicides for purposes of killing or controlling vegetation on the park side of the boundary, or which may drift onto park vegetation without permission of the park facility manager.

The landowner is permitted to trim back overhanging branches at the point immediately above the park boundary line and to a height of eight feet (8') above the ground.

4. No fencing constructed under this section shall be removed without the written consent of the division, except to temporarily make repairs to said fence.

(3) The division shall not participate in fencing saltpeter works, cotton gins, or lands upon which poisonous crops are planted; nor shall the division incur costs when other applicable laws or judgments require an individual landowner to fence their own land.

(4) Landowners who attempt to fence department-owned land by moving fencing onto department-owned property without the consent of the division thereby deny public use of such fenced-in lands or incur damage to park property and/or natural and cultural resources.

**History**
- *AUTHORITY: section 253.035, RSMo 2016. Original rule filed Oct. 26, 2000, effective June 30, 2001. Amended: Filed June 7, 2018, effective Feb. 28, 2019. Amended: Filed Aug. 13, 2024, effective March 30, 2025. Original authority: 253.035, RSMo 1961, amended 1967 1983, 1993, 1995.*

### **Chapter 3** Historic Preservation

##### **10 CSR 90-3.070** Procedures for Open Selection of Historic Preservation Fund Grant Projects {#sec-10-csr-90-3.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 90-3.070}

##### **10 CSR 90-3.080** Procedures for the Awarding of Historic Preservation Fund Grants NATURAL RESOURCES {#sec-10-csr-90-3.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 90-3.080}

##### **10 CSR 90-3.010** Definitions—Revolving Fund {#sec-10-csr-90-3.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 90-3.010}

PURPOSE: This rule provides definitions for the following regulations pertaining to the Historic Preservation Revolving Fund.

(1) As used in this chapter, unless the context clearly indicates otherwise, the following terms are defined as follows:

(A) Community or local community means the local city or county government, the local preservation organizations, other local organizations such as the Chamber of Commerce, Main Street or Merchants organization, or other group of concerned, preservation-minded citizens;

(B) Department means the Department of Natural Resources;

(C) Development means to realize the possibilities of a property by improving it or making it more effective;

(D) Fund means the Historic Preservation Revolving Fund pursuant to 253.400, RSMo et seq.;

(E) Historic property or property means any building, structure, district, area, or site that is significant in the history, architecture, archaeology, or culture of this state, its communities, or this country, which is listed or is eligible for listing in the National Register of Historic Places defined at 36 CFR Part 60.4;

(F) Marketability or marketable means a property in demand by potential buyers for acquisition;

(G) National Register means the National Register of Historic Places;

(H) Project means the acquisition, stabilization, rehabilitation, development, marketing, maintenance or restoration, or a combination of these, of an historic property;

(I) Rehabilitation means the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values in compliance with the Treatment Standards;

(J) Restoration means the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its

history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-compliant work to make properties functional is appropriate within a restoration project in compliance with the Treatment Standards;

(K) Stabilization means the act or process of applying measures designed to reestablish a weather resistant enclosure and the structural stability of unsafe or deteriorated property while maintaining the essential form as it exists at present or, in the alternative, those repairs which are necessary to keep a structure from violating local building codes or being a public safety hazard;

(L) Staff means the department’s State Historic Preservation Office funded employees;

(M) State Historic Preservation Office is a program of the Department of Natural Resources, Division of State Parks, responsible for administering the statewide historic preservation program, including administration of the Historic Preservation Revolving Fund; and (N) Treatment Standards refer to the Secretary of the Interior’s Standards and Guidelines for the Treatment of Historic Properties at 36 CFR Part 68, as revised.

Jan. 15, 1993. Amended: Filed March 26,

##### **10 CSR 90-3.020** Acquisition of Historic Property acquisition of historic property by the Historic Preservation Revolving Fund. {#sec-10-csr-90-3.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 90-3.020}

(1) These are the minimum requirements for acquisition of any interest in a property by the fund:

(A) Eligibility. The property must be considered a historic property.

1. Any property deemed ineligible for the National Register by the majority of State Historic Preservation Office staff reviewers may be submitted for reconsideration with additional or new information and, if deemed eligible, may be considered for acquisition or other assistance by the fund. Final determination of National Register eligibility shall rest with the State Historic Preservation Officer;

(B) Structural Condition. The property must— 1. Have enough original features and materials to be eligible for listing or to remain on the National Register; and 2. Be structurally sound enough for rehabilitation to be physically and economically feasible.

(2) The following criteria shall be considered in evaluating properties for acquisition of any interest by the fund:

(A) Endangerment—whether the continued historic character of the property is determined by the department to be endangered or threatened;

(B) Historic Significance of the Property— whether the property has historic significance to the state, its communities or the United States;

(C) Economic Feasibility—whether the costs associated with acquisition and eventual rehabilitation are considered reasonable by the department based on market conditions in the property’s area with respect to the probability of resale;

(D) Additional Financial Alternatives— whether additional financial assistance is available for preservation of the property;

(E) Marketability—whether the property is considered by the department to be marketable;

(F) Local Support—whether the preservation of the property is supported by the local community;

(G) Public Visibility—whether the property will be visible to the public, provide a positive example for preservation and educate the public regarding the benefits of preservation;

(H) Environmental Factors—whether the property is situated in a positive environment, such as an active, preservation-oriented neighborhood, a rural setting or a downtown redevelopment area. Commercial or subdivision developments, industrial areas and flood plains shall not be considered as positive environments; and (I) Community Benefit—whether preservation of the property would benefit the community. Community benefits may include, but shall not be limited to, preserving a local landmark or a key building in a downtown block, or providing space for a community center, arts facility, or other public benefit as demonstrable.

(3) Any property acquired in fee by the fund shall be subjected to covenants meeting the requirements of section 253.405 of the Historic Preservation Revolving Fund Act upon resale by the fund.

(4) The terms of all acquisitions shall be approved in writing by the director of the Department of Natural Resources. The department will not be obligated to acquire (or sell) any property until a purchase (or sales) contract is signed by all parties.

Jan. 15, 1993. Amended: Filed March 26,

##### **10 CSR 90-3.030** Procedures for Making Loans making of loans by the Historic Preservation Revolving Fund. {#sec-10-csr-90-3.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 90-3.030}

(1) The department may loan money from the fund only after it has been determined a loan is the best way to preserve an historic property. Loans may be made to pay for all or part of costs associated with purchase, stabilization, rehabilitation, development, marketing, maintenance, or restoration of an historic property.

(2) Loans may be made to the property owner, or to any other person, corporation, governmental entity, or to a nonprofit organization registered with the secretary of state; provided, that the property owner approves of the loan and a security interest in the real property can be provided to the department.

(A) Loans to individuals may be made for properties requiring stabilization in order to qualify for financing from a commercial bank, savings and loan, or other financial institution.

(B) Loans to for-profit corporations may be made only in cases of extreme endangerment, shall be of short-term duration, and shall be repaid immediately upon obtaining alternate financing.

(C) Loans to governmental entities and nonprofit organizations may be made for preservation purposes as deemed appropriate by the department.

(3) Acquisition, stabilization, rehabilitation, development, marketing, maintenance or restoration projects, or a combination of these, for properties that fail to meet the requirements of 10 CSR 90-3.020(1) shall not be eligible for a loan from the fund.

(4) Loans will be considered upon application submitted to and approved by the department.

Each application for a loan must provide all available information relating to the following loan criteria:

(A) Economic Feasibility—applicants must provide a detailed outline of the project being funded and adequately demonstrate the ability to generate sufficient income from the project to repay the requested loan. Adequate demonstration may be established by submission of the following information:

1. Total amount of funding required to complete the project;

2. Total amount of funding being requested from the revolving fund;

3. How and why the money being requested from the fund is necessary for preservation of the property’s historic character;

4. How additional funding for the project will be obtained, including what other funding sources money has been requested from, what other sources have approved funding for the project, and the terms and conditions of other funding;

5. Evidence of the current appraised value of the property (preferably by an appraisal less than six (6) months old) and estimated appraised value of the completed project;

6. A complete description of the project and intended use of all funds, including description of the current condition and use of the property, description of proposed rehabilitation and use of the property, all contractor’s cost estimates for rehabilitation and all architect’s plans for rehabilitation;

7. Proposed methods of loan repayment (for example, if repayment depends on fundraising, a complete description of fund-raising plans);

8. Proposed collateral to secure repayment to the fund; and 9. Any other information pertinent to the feasibility of the proposed project or repayment of the loan from the fund;

(B) Financial Strength, Stability, and History of Applicant—applicants must adequately demonstrate sufficient financial strength and stability to assure repayment of the requested loan. Adequate demonstration may be established by submission of information necessary to assess the financial strength and stability of the applicant, including:

1. For individuals, unincorporated businesses and closely held corporations— A. A current credit bureau report on all loan applicants, guarantors, or company principals;

B. Signed current personal financial statement for all loan applicants, guarantors, or company principals;

C. Dun & Bradstreet corporate rating (if available) and company’s financial statements for the past three (3) fiscal years (If statements are more than six (6) months old, include the most recent quarterly statement available and the matching quarterly statement from the previous year.);

D. Tax returns for the previous three (3) years; and E. Projections for two (2) years (balance sheet and income statement, with appropriate justification of projections);

2. For publicly held corporations— A. Dun & Bradstreet corporate rating;

B. Corporate financial statements for the past three (3) years (If statements are more than six (6) months old, include the most recent quarterly statement available and the matching quarterly statement from the previous year.); and C. The most recent annual corporate report;

3. For governmental entities— A. Moody’s bond ratings; and B. Fiscal reports for the previous year(s) up to three (3) years depending upon size of annual budget and population served;

4. For nonprofit organizations— A. Financial statements for the previous year(s) up to three (3) years prepared by an accountant or signed by the president; and B. Tax information including letter indicating 501(c)3 status (Note: All financial statements should include balance sheet, income statements and any supporting schedules. If not prepared by an accountant, financial statements should be signed by the company’s president or treasurer. Financial statements from any parent or affiliate company should be submitted as outlined in this

rule.);

(C) Other Liens or Mortgages on Property—disclosure of all present existing, as well as reasonably anticipated, liens or mortgages, or both, on the property and the effect on the security interest to be granted to the department;

(D) Availability of Additional Financial Assistance—disclosure of all known additional financial assistance available for the project; and (E) Resumes of Project Management—give experience and qualifications of architect, contractors, and project supervisor.

(5) Each application shall be reviewed by the department in accordance with the criteria set forth in section (4) of this rule. Additionally, the department also shall consider the status of the property to be benefitted by the loan in accordance with the criteria set forth in 10 CSR 90-3.020(2)(A), (B), and (E)–(I). Using these criteria, the department will determine whether the loan application is acceptable and whether a loan from the fund for the subject (10/31/18)* JOHN R. ASHCROFT project would be prudent and appropriate use of fund monies.

(6) Loan applications may be denied on the sole basis of availability of funds.

(7) The department shall notify the applicant in writing of its determination on the application.

(8) For those loan applications determined by the department to be acceptable as a prudent and appropriate expenditure of fund monies, the department will notify the applicant of the available loan terms.

(9) Unless expressly waived by the department, the terms for every loan, at a minimum, shall include:

(A) Interest Rate—all outstanding loan balances shall be charged a rate of interest considered by the department to be appropriate, but in no event lower than one and one-half percent (1 1/2%) below the New York prime interest rate. This rate is to be established at the time the loan agreement is signed by the loan recipient. Lesser interest rates on loans to nonprofit organizations may be allowed at the department’s discretion;

(B) Period of Repayment—a period for repayment shall be established by the department equal to the minimum length of time required to repay the loan;

(C) Promissory Note—execution of a promissory note setting forth applicable repayment terms, interest rate, and terms of default;

(D) Loan Agreement—execution of a written agreement to loan monies from the fund upon the terms, conditions precedent, warranties, affirmative covenants, events of default, and other applicable and enforceable provisions established in the loan agreement;

(E) Deed of Trust—execution and recordation of a valid instrument granting the department a security interest in the real property being benefitted by the loan or other real property provided as security for the loan;

(F) Title Insurance—a title insurance policy naming the department as insured shall be secured by the loan recipient.

(10) In addition to the minimum loan terms set forth in section (9), all loans to incorporated entities shall include the following terms:

(A) Corporate Resolution—a resolution duly passed by the board of directors authorizing the execution and delivery of all necessary loan documents;

(B) Corporate Attorney’s Letter of Opinion—a written legal opinion certifying that the borrower is authorized to enter into the loan agreement;

(C) Corporate Certificate of Good Standing—certification from the Missouri secretary of state’s office that the corporation is currently registered and in good standing in Missouri; and (D) Personal Guarantee—written guaranties of repayment executed in favor of the department by all company principals and their spouses owning twenty percent (20%) or more of equity and key management employees.

(11) In addition to the minimum loan terms set forth in section (9), all loans to governmental entities shall include a resolution duly passed by the board or other governing body authorizing the execution and delivery of all necessary loan documents.

(12) The department shall establish all other terms upon which a loan may be made for each individual project.

(13) Terms of all loans must be approved in writing by the director of the Department of Natural Resources. The department will not be obligated to loan any money until a loan agreement has been signed by all parties.

(14) Any property benefitting from a loan by the fund shall be subjected to covenants meeting the requirements of section 253.405 of the Historic Preservation Revolving Fund Act.

Jan. 15, 1993. Amended: Filed March 26,

##### **10 CSR 90-3.040** Acceptance of Donations acceptance of donations by the Historic Preservation Revolving Fund. {#sec-10-csr-90-3.040 omnilex-key=us-mo-regs-official--title-10--10 CSR 90-3.040}

(1) Donations to the fund may be made in the form of cash, stocks, bonds, coins, art, antique objects or other readily saleable or negotiable items. Any donation made in a form other than cash must be converted to cash as soon as reasonably possible after receipt. All proceeds must be deposited in the Historic Preservation Revolving Fund.

(2) Donations of real property that fail to qualify for fund acquisition as set forth 10 CSR 90-3.020 cannot be accepted by the department.

(3) Terms of all donations of real property must be approved in writing by the director of the Department of Natural Resources. The department will not be obligated to accept any property until a contract has been signed by all parties. 1993.* Original rule filed May 28, 1992, effective Jan. 15, 1993.

##### **10 CSR 90-3.050** Definitions—Grants 1993. Emergency rule filed April 15, 1994, 1994. Original rule filed April 15, 1994, Dec. 29, 2017, effective Aug. 30, 2018. {#sec-10-csr-90-3.050 omnilex-key=us-mo-regs-official--title-10--10 CSR 90-3.050}

##### **10 CSR 90-3.060** Development of Grant Priorities 1993. Emergency rule filed April 15, 1994, effective April 25, 1994, expires Aug. 13, 1994. Original rule filed April 15, 1994, Dec. 29, 2017, effective Aug. 30, 2018. {#sec-10-csr-90-3.060 omnilex-key=us-mo-regs-official--title-10--10 CSR 90-3.060}

##### **10 CSR 90-3.070** Procedures for Open Selection of Historic Preservation Fund Grant Projects 1993. Emergency rule filed April 15, 1994, 1994. Original rule filed April 15, 1994, Dec. 29, 2017, effective Aug. 30, 2018. {#sec-10-csr-90-3.070 omnilex-key=us-mo-regs-official--title-10--10 CSR 90-3.070}

##### **10 CSR 90-3.080** Procedures for the Awarding of Historic Preservation Fund Grants 1993. Emergency rule filed April 15, 1994, 1994. Original rule filed April 15, 1994, Dec. 29, 2017, effective Aug. 30, 2018. {#sec-10-csr-90-3.080 omnilex-key=us-mo-regs-official--title-10--10 CSR 90-3.080}

(10/31/18)* JOHN R. ASHCROFT

## **Division 100** Petroleum Storage Tank Insurance Fund Board of Trustees

### **Chapter 1** General Organization

##### **10 CSR 100-1.010** Organization {#sec-10-csr-100-1.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 100-1.010}

PURPOSE: This rule complies with section 536.023, RSMo, which requires each agency to adopt as a rule a description of its operation and the methods by which the public may obtain information or make submissions or requests.

(1) Section 319.129, RSMo, establishes the Petroleum Storage Tank Insurance Fund Board of Trustees. The board consists of the commissioner of administration or the commissioner’s designee, the director of the Department of Natural Resources or the director’s designee, the director of the Department of Agriculture or the director’s designee, and eight (8) citizens appointed by the governor with the advice and consent of the senate.

(2) The board has responsibility for the general administration and proper operation of the Petroleum Storage Tank Insurance Fund.

It meets at least once each quarter of the year, and may meet more often upon the written call of the chairman of the board or by agreement of any six (6) members of the board.

Six (6) trustees constitute a quorum for the transaction of business.

(3) The board has authority to employ staff, contract with state agencies and contract with other parties as needed to carry out its responsibilities.

(4) Requests for information about the board or its meetings, decisions, policies and activities may be directed to the executive director, Petroleum Storage Tank Insurance Fund, P.O.

Box 836, Jefferson City, MO 65102.

Rebecca McDowell Cook (10/31/99)

**History**
- *AUTHORITY: sections 319.129, and 536.023, RSMo Supp. 1998. Original rule filed April 1, 1999, effective Nov. 30, 1999. Original authority 319.129, RSMo 1989, amended 1991, 1996, 1998; and 536.023, RSMo 1975, amended 1976, 1997.*

### **Chapter 2** Definitions

##### **10 CSR 100-2.010** Definitions {#sec-10-csr-100-2.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 100-2.010}

PURPOSE: This rule defines certain terms used in this division.

(1) “Aboveground storage tank” means any one (1) or a combination of tanks, including pipes connected thereto, used to contain an accumulation of petroleum and the volume of which, including the volume of the aboveground pipes connected thereto, is ninety percent (90%) or more above the surface of the ground, and is utilized for the sale of products regulated by Chapter 414, RSMo. It does not include:

(A) A farm or residential tank of one thousand one hundred (1,100) gallons or less used for storing motor fuel for noncommercial purposes;

(B) Tanks used for storing heating oil for consumptive use on the premises where stored;

(C) Septic tanks;

(D) Pipeline facilities, including gathering lines, regulated under— 1. The federal Natural Gas Pipeline Safety Act of 1968 (P.L. 90-481), as amended; or 2. The federal Hazardous Liquid Pipeline Act of 1979 (P.L. 96-129), as amended;

(E) Pipeline facilities regulated under state laws comparable to the provisions of law referred to in subsection (D) of this section;

(F) Surface impoundments, pits, ponds, or lagoons;

(G) Storm water or waste water collection systems;

(H) Flow-through process tanks;

(I) Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations;

(J) Storage tanks situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the storage tank is situated upon or above the surface of the floor; and (K) Transformers, circuit breakers, or other electrical equipment.

(2) “Airline company” means any person, firm, partnership, corporation, trustee, receiver or assignee, and all other persons, whether or not in a representative capacity, undertaking to engage in the carriage of persons or cargo for hire by commercial aircraft pursuant to certificates of convenience and necessity issued by the federal Civil Aeronautics Board, or successor thereof, or any non certificated air carrier authorized to engage in irregular and infrequent air transportation by the federal Civil Aeronautics Board, or successor thereof.

(3) “Annual aggregate” means the dollar amount of all benefits available to a fund participant for the period of time stated on the declarations page of each participation agreement issued by the board, regardless of how many separate occurrences, releases, or third party claims may occur during this same period. State law establishes the annual aggregate at two (2) million dollars.

(4) “Board” means the board of trustees of the Petroleum Storage Tank Insurance Fund, or its employee, designated agent, or representative.

(5) “Bodily injury” means physical injury, sickness, disease or damage to the body sustained by a person, including death resulting from any of these at any time. It does not include any loss or damage of an intangible nature, such as pain and suffering, mental distress, or loss of use of any benefit. Nor does it mean personal injury.

(6) “Claim” means a written demand for money or services, including the service of a lawsuit, which is filed and adjudicated in a manner consistent with Missouri law.

(7) “Cleanup” consists of all actions necessary to investigate, contain, control, analyze, assess, treat, remediate, or mitigate the risks of a petroleum release to achieve risk-based standards established by the Department of Natural Resources.

(8) “Deductible” means that portion of a covered loss borne by a fund participant for each occurrence before the participant is entitled to recovery from the fund for that occurrence.

(9) “Emergency response” means immediate actions taken to contain a release or eliminate a serious hazard.

(10) “Fund” means the Petroleum Storage Tank Insurance Fund.

(11) “Fund beneficiary” means any person who takes responsibility for cleanup of one (1) or more releases from tanks taken out of use prior to December 31, 1997, and who qualifies to receive monies from the Petroleum Storage Tank Insurance Fund under section 319.131.9 or 319.131.10, RSMo.

(12) “Fund participant” means an owner or operator of a tank who has applied for and been accepted by the board as a person for whom the Petroleum Storage Tank Insurance Fund is serving as a financial responsibility mechanism under section 319.114, RSMo, or

section 414.036, RSMo; or the owner of land upon which such a tank is located, if such person is named as an additional insured; or any other person named as an additional insured by the board.

(13) “In use” means the tank contains an accumulation of petroleum which is more than a de minimusamount; that is, the tank is not empty.

(14) “Marine terminal” means a large storage facility which receives product via barge or similar conveyance. It does not mean bulk storage facilities located near lakes or rivers, such as are used by petroleum distributors, and which typically receive product via truck.

(15) “Occurrence” means any sudden or nonsudden accidental release of petroleum from a tank that results in a covered loss.

(16) “Out of use” means the tank is empty— that is, it does not contain more than a de minimusamount of petroleum—and is no longer regularly being used to store petroleum.

(17) “Personal injury” means injury, other than bodily injury, arising out of one (1) or more of the following offenses:

(A) False arrest, detention, imprisonment;

(B) Malicious prosecution;

(C) Wrongful entry into or eviction of a person from a room, dwelling, premises, or property that the person occupies; or (D) Invasion of right of private occupancy.

(18) “Petroleum storage tank” means:

(A) An underground storage tank, as defined in section 319.100, RSMo, which is used to store petroleum; or (B) An aboveground storage tank, as defined in this rule.

(19) “Pipeline terminal” means a large storage facility which receives product via pipeline.

(20) “Property damage” means physical injury to or destruction of tangible property, excluding all resulting loss of use of that property. It does not include loss or damage of an intangible nature. Loss or damage of an intangible nature includes, but is not limited to, loss or interruption of business, pain and suffering, lost income, mental distress, loss of use of JOHNR. ASHCROFT(8/31/18) any benefit, and punitive damages.

(21) “Railroad corporation” means all corporations, companies or individuals now owning or operating, or which may hereafter own or operate, any railroad in this state.

(22) “Release” includes, but is not limited to, any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from a petroleum storage tank into groundwater, surface water, or subsurface soils.

(23) “Site” means real property held under one (1) deed, except that in exceptional circumstances involving very large tracts of land, the board may, at its discretion, recognize separate portions of a large tract as separate tank sites.

(24) “Tank” means— (A) An underground storage tank, as defined in section 319.100, RSMo, which is used to store petroleum; or (B) An aboveground storage tank, as defined in this rule.

Filed Nov. 3, 2003, effective May 30, 2004.

Amended: Filed Sept. 1, 2006, effective July 30, 2007. Amended: Filed Aug. 13, 2012, effective March 30, 2013. Amended: Filed Feb. 15, 2018, effective Sept. 30, 2018. *Original authority: 319.129, RSMo 1989, amended 1991, 1996, 1998, 2001, 2008.

4CODE OF STATE REGULATIONS

(8/31/18) JOHNR. ASHCROFT

**History**
- *AUTHORITY: section 319.129, RSMo 2016. Original rule filed April 1, 1999, effective Nov. 30, 1999. Amended: Filed March 31, 2000, effective Sept. 30, 2000. Amended:*

### **Chapter 3** Transport Load Fee

##### **10 CSR 100-3.010** Assessment of Transport Load Fee {#sec-10-csr-100-3.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 100-3.010}

PURPOSE: This rule establishes the amount of the surcharge on petroleum products which is deposited into the Petroleum Storage Tank Insurance Fund, and sets forth provisions for suspending or reinstating payment of the surcharge.

(1) The board shall assess a surcharge on all petroleum products within the state which are enumerated by section 414.032, RSMo, except that railroad corporations as defined in

section 388.010, RSMo, and airline companies as defined in section 155.010, RSMo, shall not be subject to this fee, nor shall such entities be eligible to participate in or make claims against the Petroleum Storage Tank Insurance Fund.

(2) Such surcharge shall be set by the board in a public meeting with an opportunity for public comment.

(A) The board may increase or decrease the surcharge only after giving sixty (60) days notice.

(B) The surcharge shall not exceed sixty dollars ($60) per eight thousand (8,000) gallons.

(3) The Department of Revenue shall collect such surcharge on behalf of the board, and shall deposit such surcharges to the credit of the Petroleum Storage Tank Insurance Fund.

(4) Remittances shall be made according to procedures set forth by the Department of Revenue, and shall be accompanied by forms provided by the Department of Revenue.

(5) Any interest and penalties collected by the Department of Revenue shall also be deposited to the credit of the Petroleum Storage Tank Insurance Fund.

(6) The board shall assess the financial soundness of the Petroleum Storage Tank Insurance Fund at least once each year, and shall determine whether it is in the best interests of fund participants and beneficiaries to increase, decrease, or maintain the surcharge.

(7) The board shall ensure that the fund retains a balance of at least twelve (12) million dollars, but not more than one hundred (100) million dollars. If, at the end of any quarter, the fund balance, calculated as cash minus encumbrances minus accounts payable minus reserves for known claims, is above one hundred (100) million dollars, it shall notify the Department of Revenue to suspend collection of the surcharge. If, at the end of any quarter during which the surcharge is not being collected, the fund balance, calculated as described above, is below twenty (20) million dollars, the board shall notify the Department of Revenue to reinstate collection.

Filed Nov. 15, 2001, effective May 30, 2002.

Amended: Filed Nov. 3, 2003, effective May 30, 2004. *Original authority: 319.129, RSMo 1989, amended 1991, 1996, 1998, 2001; and 319.132, RSMo 1991, amended 1995, 1996, 1998, 2001.

MATTBLUNT(4/30/04)

Chapter 3óTransport Load Fee10 CSR 100-3

**History**
- *AUTHORITY: sections 319.129 and 319.132, RSMo Supp. 2003. Original rule filed April 1, 1999, effective Nov. 30, 1999. Amended:*

### **Chapter 4** Participation Requirements

##### **10 CSR 100-4.010** Participation Requirements for Underground Storage Tanks {#sec-10-csr-100-4.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 100-4.010}

PURPOSE: This rule sets forth the procedures to be followed by owners or operators of underground storage tanks who wish to obtain insurance coverage from the Petroleum Storage Tank Insurance Fund, and establishes the annual participation fee which is required for coverage.

(1) Any owner or operator of an underground storage tank (UST) which is in use and is used to store petroleum may apply to participate in the fund, except that— (A) Current or former refinery sites are not eligible for participation in the fund;

(B) Petroleum pipeline or marine terminals are not eligible for participation in the fund; and (C) Owners and operators of hazardous substance UST systems, as defined in section 319.100, RSMo, may not obtain coverage for their hazardous substance UST systems.

(2) Any owner or operator who wishes to participate in the fund shall so indicate by applying for coverage on a form specified by the board. An application shall— (A) Include a certification that the petroleum tanks meet or exceed and are in compliance with all technical standards established by the Missouri Department of Natural Resources and the Missouri Department of Agriculture;

(B) Be submitted for each site for which the applicant desires coverage;

(C) Include information on all tanks known to exist at the site, including aboveground storage tanks and underground storage tanks which contain a hazardous substance, or which are out of use;

(D) Include documentation as required by the board to demonstrate that the applicant has a reasonable assurance of the integrity of all USTs on the site which are in use. This documentation shall include:

1. Monthly leak detection records, except in the following cases:

A. For USTs installed before July 1, 2017, or compartments of such tanks, which are being put into use for the first time, current tank and line tightness tests shall be provided;

B. For UST systems being put back into use after being out of use, current tank and line tightness tests shall be provided; and C. For operating UST systems being purchased by a new owner, current tank and line tightness tests shall be provided if at least two (2) current months’ leak detection records are not available from the prior owner;

2. Evidence that pressurized lines are equipped with line leak detectors which are in working order, unless the entire UST system is a double-wall system and monitoring devices are adequate to detect a leak;

3. Evidence that the cathodic protection system, if any, is functioning properly;

4. Evidence that the tank lining, if any, has been properly installed and inspected according to accepted industry practices;

5. Evidence that the UST is equipped with corrosion protection and spill/overfill prevention devices, as required in 10 CSR 26- 2;

6. Line and/or tank tightness tests, as required in 10 CSR 26-2; and 7. Any other documentation as may reasonably be required by the board;

(E) Include documentation as required by the board demonstrating that the applicant has the ability to pay the first ten thousand dollars ($10,000) in the event he or she makes a claim for benefits from the fund.

1. For non-public entities, such documentation shall include:

A. A letter of credit for this amount from a federally-insured financial institution in the favor of the Petroleum Storage Tank Insurance Fund;

B. One (1) or more certificates of deposit which total this amount. The applicant shall submit documentation from the custodian of such certificates that assures the board of their existence and preservation for the purposes described herein;

C. Financial statements indicating that the net worth of the applicant is at least one hundred thousand dollars ($100,000), or that the applicant has at least fifty thousand dollars ($50,000) working capital;

D. A written guarantee from another person or entity demonstrating the ability to pay this amount in a manner outlined in this

rule. The provider of the guarantee shall disclose the relationship between that person or entity and the applicant;

E. A letter signed by an officer of a federally-insured financial institution attesting to the ability of the applicant to pay this amount; or F. Any other method determined by the board to be reasonable and sufficient.

2. For public entities, documentation requirements are as follows:

A. Cities with a population greater than three thousand (3,000), none;

B. Cities with a population of three thousand (3,000) or less, a copy of the most recent annual audit of the city’s finances, or a current set of financial statements;

C. First class or second class counties, or charter counties, none;

D. Third class counties, a copy of the most recent annual audit of the county’s finances, or a current set of financial statements; or E. Schools, sewer districts, fire districts, and other similar entities, a copy of current financial statements; and (F) Applicants must apply for coverage on all tanks in use at a site or the board will not insure any of the tanks. The only exceptions are aboveground tanks not required by the Department of Agriculture to have financial responsibility.

(3) Procedures Regarding Payment of Fees.

(A) Participation fees shall be paid by all applicants, as follows:

1. For double-walled USTs – one hundred dollars ($100) per tank annually; and 2. For all other USTs – one hundred twenty-five dollars ($125) per tank annually.

(B) In addition, at the time of initial application, the applicant shall pay an additional one hundred dollars ($100) per tank, as required by section 319.129.2, RSMo, unless such fee has already been paid.

(C) If the required fees are not submitted with the application, and all other aspects of the application are acceptable, the board shall notify the applicant of the amount of such fees which are due and shall indicate that such fees are due and payable within fourteen (14) days. Failure by the applicant to submit rejection of the application, and no coverage shall exist.

(D) In the event that participation in the fund is terminated prior to the end of the period of coverage, participation fees shall be refunded on the basis of the percentage of days remaining in the coverage period.

(4) The board shall review applications within thirty (30) days of receipt and shall respond to such applications in writing with a notice of acceptance, a request for clarification or information, or a rejection of the application.

(A) If the response is a notice of acceptance, it shall include the items specified in

section (5) of this rule.

(B) If the response is a request for clarification or information, it shall specify a date by which the applicant must respond.

(C) If the response is a rejection, it shall identify the additional information needed or list the reason(s) coverage is being denied. If the applicant submitted participation and/or one- (1-) time fees with the application, the fees shall be returned or refunded.

(5) Upon determination that an applicant has met the requirements for participation in the fund, the board shall issue a declarations page and participation agreement to the applicant, specifying the effective date of coverage and other terms and conditions of such coverage as the board may deem appropriate.

(A) The effective date of coverage shall be the date that the board receives evidence that all tanks and piping for which coverage is being sought are being operated in compliance with pertinent statutes and regulations, including evidence demonstrating a reasonable assurance that the USTs are not leaking.

(B) The declarations page and participation agreement shall confirm coverage for risks associated with sudden or non-sudden accidental releases arising from the operation of USTs, including costs of cleaning up such releases, third-party property damage, and third-party bodily injury, subject to the limits specified in sections 319.129 through 319.131, RSMo. These benefits are subject to the following limits:

1. A per occurrence limit of one (1) million dollars;

2. An annual aggregate limit of two (2) million dollars; and 3. A deductible of ten thousand dollars ($10,000) per occurrence.

(C) The declarations page shall specify the person or persons being insured by the fund, the name and location of the business or operation where the USTs are located, and the specific USTs which are covered.

(D) For the purposes of coverage—as well as cancellation, nonrenewal of coverage, or termination of coverage discussed elsewhere in this rule—12:01 a.m. shall be the time of day that such actions become effective.

(6) In order to continue their participation in the fund, participants are required to renew their participation annually.

(A) The board shall notify participants approximately sixty (60) days in advance of the end of their coverage period and shall invite participants to renew their coverage for another twelve- (12-) month period of time.

(B) Participants shall submit such information as may be required by the board prior to the end of their coverage period. Any participant who fails to do so shall receive a notice from the board, giving the participant sixty (60) days to submit such information in order to continue participation in the fund. At the end of the sixty (60) days, if the participant has failed to submit the required information, coverage may be cancelled.

(C) Applicants must apply to renew their coverage on all tanks in use at a site or the board will not insure any of the tanks. The only exceptions are aboveground tanks not required by the Department of Agriculture to have financial responsibility.

(D) Upon determination that the participant has met the requirements for continued participation in the fund, the board shall issue a new declarations page confirming that fact and specifying the effective date(s) of coverage. Other terms and conditions of such coverage contained in the participation agreement previously issued for that site shall remain in effect for the new coverage period unless the board amends the terms and conditions in writing.

(E) In order to continue participation in the fund, participants shall pay such fees as are set forth in subsection (3)(A). If such fees are not submitted with the renewal application, and the application is accepted, the board shall notify the applicant of the amount of such fees which are due and shall indicate that such fees are due and payable within ten (10) days. Failure by the applicant to submit nonrenewal of coverage on the date that such fees were due.

(F) If at the end of a policy period, all of the previously-insured USTs have been taken out of use, the owner/operator of the tank(s) shall no longer be insured for costs resulting from sudden or non-sudden releases, since there cannot be a release from an empty tank.

Instead, the owner or operator may apply for an extended reporting period. The extended reporting period allows named persons to give notice of claim for a release which occurred while the previously-insured tank(s) was/were in use, but which is not yet known.

1. Participation fees for the extended reporting period shall be paid at the same rates as specified in subsection (3)(A) above.

2. Terms and conditions of coverage shall be contained in an endorsement to the participation agreement issued by the board to the fund participant(s).

3. The extended reporting period shall consist of one- (1-) year increments. It shall not last for more than five (5) years after it first commences, and in no case beyond the sunset date of the fund established by the Missouri General Assembly.

4. The board reserves the right to grant extended reporting periods at its sole discretion.

(7) The following procedures shall be followed when there is a change of ownership, change of operator, change of landowner, or a new tank is installed:

(A) If the ownership of a UST changes during the period of coverage, coverage shall cease on the date ownership changes. At its sole discretion, the board may offer the former owner an opportunity to purchase an extended reporting period, as described in subsection (6)(F) of this rule;

(B) If, during the period of coverage as specified by the board, the operator of the UST changes, the owner shall notify the previous operator;

(C) If, during the period of coverage as specified by the board, the owner of the real estate on which the tank(s) is located changes, the fund participant shall notify the previous landowner; and (D) If, during the period of coverage as specified by the board, a fund participant installs one (1) or more additional tanks at an insured site and desires coverage for the new tank(s), the fund participant must notify the board, provide such information as the board may require to demonstrate the integrity of the new tank(s), and pay the new tank fee(s) and a pro-rata portion of the annual fee(s) assessed in section (3) of this rule.

Amended: Filed Nov. 15, 2001, effective May 30, 2002. Amended: Filed Nov. 3, 2003, effective May 30, 2004. Amended: Filed Sept. 1, 2006, effective July 30, 2007.

Amended: Filed Aug. 13, 2012, effective March 30, 2013. Amended: Filed Feb. 15, 2018, effective Sept. 30, 2018. *Original authority: 319.129, RSMo 1989, amended 1991, 1996, 1998, 2001, 2008; 319.131, RSMo 1989, amended 1991, 1994, 1995, 1996, 1998, 1999, 2001, 2008; and 319.133, RSMo 1989, amended 1991, 1996, 1998, 2001, 2008.

**History**
- *AUTHORITY: sections 319.129, 319.131, and 319.133, RSMo 2016. Original rule filed April 1, 1999, effective Nov. 30, 1999.*

##### **10 CSR 100-4.020** Participation Requirements for Aboveground Storage Tanks {#sec-10-csr-100-4.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 100-4.020}

PURPOSE: This rule sets forth the procedures to be followed by owners or operators 4CODE OF STATE REGULATIONS (8/31/18) JOHNR. ASHCROFT of aboveground storage tanks who wish to obtain insurance coverage from the Petroleum Storage Tank Insurance Fund and establishes the annual participation fee which is required for coverage.

(1) Any owner or operator of an aboveground storage tank (AST) which is in use may apply to participate in the fund, except— (A) Current or former refinery sites or petroleum pipeline or marine terminals are not eligible for participation in the fund.

(2) Any owner or operator who wishes to participate in the fund shall so indicate by applying for coverage on a form specified by the board. An application shall— (A) Include a certification that the petroleum tanks meet or exceed and are in compliance with rules established by the Missouri Department of Agriculture;

(B) Be submitted for each site for which the applicant desires coverage;

(C) Include information on all tanks known to exist at the site, including underground storage tanks, hazardous substance tanks, and aboveground storage tanks which are out of use;

(D) Include documentation as required by the board to demonstrate that the applicant has a reasonable assurance of the integrity of all ASTs on the site which are in use or temporarily out of use. This documentation shall include:

1. A demonstration, performed within the previous twelve (12) months, that any piping which is connected to or part of the aboveground storage tank(s) for which coverage is being sought is liquid tight; and 2. Other documentation as may reasonably be required by the board;

(E) Include documentation as required by the board in order to demonstrate that the applicant has the ability to pay the first ten thousand dollars ($10,000) in the event he or she makes a claim for benefits from the fund.

Such documentation shall include:

1. A letter of credit for this amount from a federally-insured financial institution in the favor of the Petroleum Storage Tank Insurance Fund;

2. One (1) or more certificates of deposit which total this amount. The applicant shall submit documentation from the custodian of such certificates that assures the board of their existence and preservation for the purposes described herein;

3. Financial statements indicating that the net worth of the applicant is at least one hundred thousand dollars ($100,000), or that the applicant has at least fifty thousand dollars ($50,000) working capital;

4. A written guarantee from another person or entity demonstrating the ability to pay this amount in a manner outlined in this

rule. The provider of the guarantee shall disclose the relationship between that person or entity and the applicant;

5. A letter signed by an officer of a federally-insured financial institution attesting to the ability of the applicant to pay this amount; or 6. Any other method determined by the board to be reasonable and sufficient; and (F) Applicants must apply for coverage on all tanks in use at a site or the board will not insure any of the tanks. The only exceptions are aboveground tanks not required by the Department of Agriculture to have financial responsibility.

(3) Procedures Regarding Payment of Fees.

(A) Participation fees shall be paid by all applicants, as follows:

1. For tanks less than twenty-five thousand (25,000) gallons - one hundred dollars ($100) per tank annually; and 2. For tanks twenty-five thousand (25,000) gallons or larger - two hundred dollars ($200) per tank annually.

(B) In addition, at the time of initial application, the applicant shall pay an additional one hundred dollars ($100) per tank, as required by section 319.129.2, RSMo, unless such fee has already been paid.

(C) If the required fees are not submitted with the application, and all other aspects of the application are acceptable, the board shall notify the applicant of the amount of such fees which are due and shall indicate that such fees are due and payable within fourteen (14) days. Failure by the applicant to submit rejection of the application, and no coverage shall exist.

(D) In the event that participation in the fund is terminated prior to the end of the period of coverage, participation fees shall be refunded on the basis of the percentage of days remaining in the coverage period.

(4) The board shall review applications within thirty (30) days of receipt and shall respond to such applications in writing with a notice of acceptance, a request for clarification or information, or a rejection of the application.

(A) If the response is a notice of acceptance, it shall include the items specified in

section (5) of this rule.

(B) If the response is a request for clarification or information, it shall specify a date by which the applicant must respond.

(C) If the response is a rejection, it shall identify the additional information needed or list the reason(s) coverage is being denied. If the applicant submitted participation and/or one- (1-) time fees with the application, the fees shall be returned or refunded.

(5) Upon determination that an applicant has met the requirements for participation in the fund, the board shall issue a declarations page and participation agreement to the applicant, specifying the effective date of coverage and other terms and conditions of such coverage as the board may deem appropriate.

(A) The effective date of coverage shall be the date that the board receives evidence that all tanks and piping for which coverage is being sought are being operated in compliance with pertinent statutes and regulations, including evidence demonstrating a reasonable assurance that ASTs are not leaking.

(B) The declarations page and participation agreement shall confirm coverage for risks associated with sudden or non-sudden accidental releases arising from the operation of ASTs, including costs of cleaning up such releases, third-party property damage, and third-party bodily injury, subject to the limits specified in sections 319.129 through 319.131, RSMo. These benefits are subject to the following limits:

1. A per occurrence limit of one (1) million dollars;

2. An annual aggregate limit of two (2) million dollars; and 3. A deductible of ten thousand dollars ($10,000) per occurrence.

(C) The declarations page shall specify the person or persons being insured by the fund, the name and location of the business or operation where the tanks are located, and the specific tanks which are covered.

(D) For the purposes of coverage—as well as cancellation, nonrenewal of coverage, or termination of coverage discussed elsewhere in this rule—12:01 a.m. shall be the time of day that such actions become effective.

(6) In order to continue participation in the fund, participants are required to renew their participation annually.

(A) The board shall notify participants approximately sixty (60) days in advance of the end of their coverage period and shall invite participants to renew their coverage for another twelve- (12-) month period of time.

(B) Participants shall submit such information as may be required by the board, including:

1. A demonstration, performed within the previous twelve (12) months, that any piping which is connected to or part of the ASTs for which coverage is being sought is liquid tight; and 2. Other documentation as may reasonably be required by the board.

(C) Any participant who fails to do so shall receive a notice from the board, giving the participant sixty (60) days to submit such information in order to continue participation in the fund. At the end of the sixty (60) days, if the participant has failed to submit the required information, coverage may be cancelled.

(D) Applicants must apply to renew their coverage on all tanks in use at a site or the board will not insure any of the tanks. The only exceptions are aboveground tanks not required by the Department of Agriculture to have financial responsibility.

(E) Upon determination that the participant has met the requirements for continued participation in the fund, the board shall issue a new declarations page confirming that fact and specifying the effective date(s) of coverage. Other terms and conditions of such coverage contained in the participation agreement previously issued for that site shall remain in effect for the new coverage period unless the board amends the terms and conditions in writing.

(F) In order to continue participation in the fund, participants shall pay such fees as are set forth in subsection (3)(A) above. If such fees are not submitted with the renewal application, and the application is accepted, the board shall notify the applicant of the amount of such fees which are due and shall indicate that such fees are due and payable within ten (10) days. Failure by the applicant to submit nonrenewal of coverage on the date that such fees were due.

(G) If at the end of a participation period, all of the previously-insured ASTs have been taken out of use, the owner and/or operator of the tank(s) shall no longer be insured for costs resulting from sudden or non-sudden releases, since there cannot be a release from an empty tank. Instead, the owner or operator may apply for an extended reporting period.

The extended reporting period allows named persons to give notice of claim for a release which occurred while the previously-insured tank(s) was/were in use, but which is not yet known.

1. Participation fees for the extended reporting period shall be paid on such tanks at the same rates as specified in subsection (3)(A) above.

2. Terms and conditions of coverage shall be contained in an endorsement to the participation agreement issued by the board to the fund participant(s).

3. The extended reporting period shall consist of one- (1-) year increments, but shall not last for more than five (5) years after it commences and in no case beyond the sunset date of the fund established by the Missouri General Assembly.

4. The board reserves the right to grant extended reporting periods at its sole discretion.

(7) The following procedures shall be followed when there is a change of ownership, change of operator, or change of landowner, or a new tank is installed:

(A) If the ownership of an AST changes during the period of coverage, coverage shall cease on the date ownership changes. At its sole discretion, the board may offer the former owner an opportunity to purchase an extended reporting period, as described in subsection (6)(F) of this rule;

(B) If, during the period of coverage as specified by the board, the operator of the AST changes, the owner shall notify the previous operator;

(C) If, during the period of coverage as specified by the board, the owner of the real estate on which the tank(s) are located changes, the fund participant shall notify the previous landowner; and (D) If, during the period of coverage as specified by the board, a fund participant installs one (1) or more additional tanks at an insured site and desires coverage for the new tank(s), the fund participant must notify the board, provide such information as the board may require to demonstrate the integrity of the new tank(s), and pay the new tank fee(s) and a pro-rata portion of the annual fee(s) assessed in section (3) of this rule.

Amended: Filed Nov. 15, 2001, effective May 30, 2002. Amended: Filed Nov. 3, 2003, effective May 30, 2004. Amended: Filed Sept. 1, 2006, effective July 30, 2007. Amended:

Filed April 13, 2009, effective Oct. 30, 2009.

Amended: Filed Aug. 13, 2012, effective March 30, 2013. Amended: Filed Feb. 15, 2018, effective Sept. 30, 2018. *Original authority: 319.129, RSMo 1989, amended 1991, 1996, 1998, 2001, 2008; 319.131, RSMo 1989, amended 1991, 1994, 1995, 1996, 1998, 1999, 2001, 2008; and 319.133, RSMo 1989, amended 1991, 1996, 1998, 2001, 2008.

6CODE OF STATE REGULATIONS

(8/31/18) JOHNR. ASHCROFT

**History**
- *AUTHORITY: sections 319.129, 319.131, and 319.133, RSMo 2016. Original rule filed April 1, 1999, effective Nov. 30, 1999.*

### **Chapter 5** Claims

##### **10 CSR 100-5.010** Claims for Cleanup Costs {#sec-10-csr-100-5.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 100-5.010}

PURPOSE: This rule describes who can make claims against the Petroleum Storage Tank Insurance Fund, when and how such claims must be made, requirements to seek preapproval of costs, what costs the fund considers eligible, and how to request payment from the fund.

(1) A notice of claim must be submitted in writing to the board as soon as reasonably possible after a fund participant or beneficiary described in section (4) of this rule:

(A) Knows or reasonably suspects that a release from a tank has occurred;

(B) Receives notice of the assertion of an obligation to pay cleanup costs or damages as a result of a release from tanks on the property; or (C) Learns that petroleum contamination exists on or near a tank site at levels such that a cleanup is required by the Department of Natural Resources.

(2) Except as described below, prior to the initiation of any work where cleanup costs will be incurred, whether within the deductible or in excess of the deductible, the cleanup costs must first be approved by the board. Failure to obtain approval of the cleanup costs may subject the fund participant or fund beneficiary to reduction or denial of benefits.

(A) Fund participants or beneficiaries are not required to obtain prior approval of the board for the costs of necessary first aid or emergency response.

(B) In cases where first aid or emergency response is provided, the fund participant or beneficiary must notify the board of such activities as soon as practical.

(3) The board retains final authority to make a determination concerning all eligibility issues, including but not limited to, whether costs for products and services were reasonable, and whether the costs incurred were necessary to achieve the cleanup required by the Department of Natural Resources.

(4) Fund participants or beneficiaries may request pre-approval and reimbursement of costs from the fund— (A) For a release that occurs or is discovered on a date that the participant is participating in the fund.

1. The fund participant must provide notice of claim to the board while the participant is insured and before expiration or cancellation of the participant’s coverage, or during an extended reporting period granted by the board under 10 CSR 100-4.010 or 10 CSR 100-4.020.

2. Fund participants must get cleanup 3. A fund participant who has properly made a claim may request that the board assign his or her benefits for cleanup costs to another party, and the board may, with the consent of the other party and at the board’s sole discretion, agree to such assignment;

(B) For a site where one (1) or more petroleum storage tank(s) was/were in use on December 31, 1997, the owner or operator applied to participate in the fund by December 31, 1997, that application was ultimately accepted by the board, there are ongoing costs of cleanup associated with a release from one (1) or more of those tanks which occurred prior to the date the application was accepted, and the cleanup began after August 28, 1989.

1. Fund participants must get cleanup 2. In order to maintain its status as an eligible site, the owner or operator of any petroleum storage tanks at the site must maintain participation in the fund as long as such tanks are in use. Failure to do so shall result in the site becoming ineligible; costs incurred after the date of cancellation or nonrenewal of participation in the fund are not eligible.

Should the owner or operator elect to participate in the fund again, he or she may become eligible under subsection (4)(A) for any new release;

(C) For a site where a release occurred as a result of the operation of one (1) or more petroleum storage tanks, cleanup began or will begin after August 28, 1989, and the tank(s) from which the release occurred was/were taken out of use prior to December 31, 1997, provided such site was documented by or reported to the Department of Natural Resources prior to December 31, 1997.

1. For the purposes of this subsection, evidence of a site being documented by or reported to the Department of Natural Resources may include, but is not limited to:

A. Completion of a tank registration form;

B. Completion of the notification form circulated by the Department of Natural Resources in 1995–1997;

C. A letter, sent via U.S. mail or overnight delivery service, identifying the location of the site and indicating the existence or prior existence of tanks on the site;

D. A written message transmitted via facsimile, identifying the location of the site and indicating the existence or prior existence of tanks on the site;

E. A Site Assessment Report or similar report, submitted to the department, identifying the site as one where tanks were previously operated; or F. Any other similar documentation which is determined by the board to provide reasonable evidence of such fact.

2. Fund beneficiaries may be required by the board to provide evidence that the site was documented by or reported to the Department of Natural Resources prior to December 31, 1997.

3. Fund beneficiaries must get cleanup this rule;

(D) For a site described in subsection (4)(B) or (4)(C), except the release occurred and was being remediated prior to August 28, 1989.

1. Fund participants and beneficiaries must get cleanup costs approved in advance, as described in this rule; and (E) For a site where underground storage tanks which contained petroleum were taken out of use prior to December 31, 1985, and the current owner purchased such site before December 31, 1985, provided such site was reported to the board on or before June 30, 2000. For the purposes of this subsection, current owner shall mean the person who owns a site at the time it is reported to the Petroleum Storage Tank Insurance Fund Board of Trustees or its designated representative.

1. Fund beneficiaries must get cleanup (5) Fund participants or beneficiaries may not receive monies from the fund for the following sites:

(A) Sites owned by a railroad corporation, as defined in section 388.010, RSMo, or airline company as defined in section 155.010, RSMo, at the time the release occurred;

(B) Sites contaminated by a release from a tank that— 1. Is or was used to store hazardous substances when the release occurred;

2. Is a farm or residential tank of one thousand one hundred (1,100) gallons or less, which is used for storing motor fuel for noncommercial purposes;

3. Is or was used, at the time of the release, for storing heating oil for consump tive use on the premises;

4. Is a septic tank or part of a storm water or waste water collection system;

5. Is a flow-through process tank;

6. Is situated in an underground area, such as a basement, the tank is on or above the floor; or 7. Is part of a transformer, circuit breaker, or similar electrical equipment; and (C) Sites contaminated by a release of petroleum from a tank which is or was located at a refinery, pipeline terminal, or marine terminal.

(6) The following persons may request preapproval of costs and reimbursement from the fund:

(A) A fund participant;

(B) A fund beneficiary; or (C) A creditor, or the creditor’s subsidiary, who is a successor in interest as defined in

section 319.131.3, RSMo.

(7) Persons who believe they have suffered property damage, bodily injury, or other damages, or have incurred costs to clean up petroleum contamination on their property resulting from the operation of tanks on an adjacent or nearby site, may not request payment directly from the fund. Such claims must be made directly to the fund participant.

(8) Fund participants and beneficiaries who desire reimbursement from the fund are required to seek preapproval of cleanup costs by following the procedures outlined below:

(A) Tank Removal—Prior to removal of a petroleum storage tank or other activity involving excavation of contaminated soil, a fund participant or beneficiary must— 1. Obtain an adequate number of bids or proposals from qualified contractors or consultants to demonstrate that a fair and reasonable price will be paid. The bids or cost estimates must include all tasks and services which may be necessary and an anticipated schedule for the tasks; and 2. Submit the bid(s) or proposal(s) to the board, including:

A. A cost estimate for excavation and hauling of contaminated soil, expressed as a unit cost (e.g., per ton or per cubic yard);

B. A cost estimate for disposal or treatment of contaminated soil;

C. A cost estimate for backfill, expressed as a unit cost;

D. A cost estimate for removal, treatment, and/or disposal of contaminated water which may be encountered during the excavation;

E. A cost estimate for project management, supervision, and reporting;

F. A cost estimate for collection and/or analysis of soil and water samples;

G. A contingency cost estimate, expressed as unit costs, for any additional costs which may be incurred if field conditions warrant or necessitate more work than anticipated; and H. A cost estimate for any other anticipated cleanup costs;

(B) Site Characterization—Prior to conducting a site characterization which is required in response to a release, a fund participant or beneficiary must— 1. Obtain an adequate number of bids or proposals from qualified contractors or consultants to demonstrate that a fair and reasonable price will be paid and submit the bid(s) or proposal(s) to the board. The bids or cost estimates must include:

A. A description of all tasks and services which may be necessary;

B. A site conceptual model;

C. Clearly-presented conclusions regarding the current and reasonably anticipated future uses of potentially-impacted properties;

D. The anticipated schedule of events;

E. Estimated costs for all field activities, with drilling quoted on a per lineal foot

basis;

F. A cost estimate for laboratory analysis of soil and/or water samples, as appropriate;

G. A cost estimate for project management, oversight, data analysis, reporting, and similar activities, as appropriate;

H. A contingency cost estimate, expressed in unit costs, for additional costs which may be incurred if field data indicates the need for expanded field investigation; and I. A cost estimate for any other anticipated costs associated with the site characterization;

(C) Risk Assessment.

1. Prior to preparing a risk assessment, a fund participant or beneficiary must submit one (1) or more cost estimate(s) to the board.

A. The cost estimate(s) must include the anticipated schedule of events and/or tasks.

B. The cost estimate(s) may be combined with a cost estimate for site characterization.

C. The cost estimate(s) may include costs for both a Tier 1 and a Tier 2 risk assessment.

D. The cost estimate(s) may include costs for preparation of a corrective action plan.

2. The board may require a fund participant or beneficiary to submit a cost estimate for a Tier 2 or Tier 3 risk assessment.

(D) Corrective Action.

1. Prior to conducting corrective action in response to a release, a fund participant or beneficiary must obtain an adequate number of bids or proposals, each of which must include a schedule, from qualified contractors or consultants to adequately compare costs of alternatives for achieving the applicable corrective action standards. These proposals may include:

A. Treatment, reduction of concentrations, removal, or remediation of chemicals of concern;

B. Mitigation or elimination of complete exposure pathways;

C. Preventing future receptors; or D. Any combination thereof.

2. Prior to conducting corrective action, a fund participant or beneficiary must submit the bid(s) or proposal(s) to the board.

3. When corrective action includes the lease or purchase and installation of equipment designed to clean up petroleum contamination, the fund participant or beneficiary is required to solicit competitive bids for such equipment and provide such bids to the board. A fund participant or beneficiary who is paid salvage value for remediation equipment after corrective action is completed shall report such to the board, which will reduce its reimbursement for decommissioning and removal of said remediation equipment by that amount.

(E) The board will respond in writing to bid(s) or cost estimate(s) submitted by fund participants or beneficiaries, and will state whether the bid(s) or cost estimate(s) are eligible, reasonable, and necessary. This response will be based on information submitted for each project, as well as information available to the board from its review of other cost estimates and its processing of similar claims. To the extent possible, the board’s response will note which specific tasks, rates, or items are deemed to be ineligible, unreasonable or unnecessary, and will explain the reason for its decision.

(F) If the bid(s) or cost estimate(s) submitted to the board are incomplete, or contain costs which are higher than the board determines to be reasonable, the board may— 1. Agree to pay a lesser cost;

2. Ask the fund participant or beneficiary to solicit additional cost estimates; or 3. Ask the fund participant or beneficiary to demonstrate how the estimate was prepared.

(G) The board reserves the right to reject any proposed costs or estimates if, in the opinion of the board and at its sole discretion, such costs are ineligible, unreasonable, or 4CODE OF STATE REGULATIONS (8/31/18) JOHNR. ASHCROFT unnecessary.

(9) The board will recognize eligible, reasonable, and necessary costs incurred for the following activities:

(A) Costs incurred to characterize the extent of and assess risks posed by a release from a petroleum storage tank; and (B) Costs incurred for corrective actions taken in accordance with state or federal regulations in response to a release from a petroleum storage tank.

(10) Costs not associated with cleanup of a release from a petroleum storage tank are not eligible. Such costs include, but are not limited to:

(A) Costs of excavation solely necessary to remove a petroleum storage tank;

(B) Costs of removal of tanks or piping, cleaning of the tank, transportation and disposal of the tank and piping;

(C) Costs of demolition and removal of buildings, canopies, dispensers, etc.;

(D) Costs of excavation, transport, treatment or disposal of soil which is not contaminated with petroleum at levels such that the Department of Natural Resources requires corrective action, except that— 1. The cost of removal of concrete or similar surface material, overburden, or fill material which is necessary to access contaminated soil for removal is eligible; and 2. Costs for transport and treatment or disposal of backfill which surrounds underground tanks or piping, which is removed during tank closure activities, and which is contaminated at a level such that the Department of Natural Resources prohibits placement of the material back into the excavated area, are eligible;

(E) Costs for environmental site assessments, or similar work, the purpose of which is to determine whether a release has occurred;

(F) Markup of costs charged by a treatment or disposal facility which is used for disposition of contaminated soil;

(G) Markup of costs charged by a laboratory for analysis of water, soil, or vapor samples;

(H) Markup by the environmental consultant or contractor of major subcontracted work, such as drilling, well installation, or pushprobe investigation;

(I) Repairs and maintenance of tanks and lines;

(J) Tank and line tightness tests;

(K) Preparation of claim submittals;

(L) Paving or resurfacing, except as required as a result of necessary cleanup activities. Claims for resurfacing shall be paid on a depreciated basis, or on the basis of the actual cash value of the surface which existed immediately prior to the cleanup;

(M) Installation of new tanks, lines, spill/overfill prevention devices, etc.; or (N) Other costs excluded by the document issued by the board to fund participants (see 10 CSR 100-4.010(5) and 10 CSR 100- 4.020(5)).

(11) The board shall have the authority to investigate as needed in response to the submission of a notice of claim or invoices.

(A) The board shall have the right, but not the obligation, to— 1. Make inspections of sites for which the fund participant or beneficiary has given notice of claim;

2. Request and review records concerning the operation of tanks at the site, maintenance of the tank system, site characterization, or corrective actions; or 3. Take recorded statements from tank owners, operators, their employees, contractors, consultants, local officials, or other persons with pertinent knowledge or information about a claim.

(B) Fund participants and beneficiaries must provide copies of records and reports which the board requests as part of its claim investigation.

(C) Neither the fund participant or beneficiary nor the board shall waive any rights expressed in Missouri law or the coverage document issued by the board by virtue of the participant or beneficiary submitting notice of claim or invoices, or the board investigating the claim.

(12) When a fund participant or beneficiary incurs costs for cleanup of petroleum contamination, he or she shall comply with the procedures set forth below to request reimbursement from the fund:

(A) Persons requesting reimbursement from the fund must send invoices for the work done, along with a copy of any reports generated by consultants, contractors, or laboratories as part of the work, to the address specified by the board.

1. Such invoices must be submitted within two (2) years of the date the costs were incurred. Failure to submit invoices within that time frame shall waive the fund participant’s or beneficiary’s rights, and those of their successors and assigns, to any benefits which would have otherwise been paid by the Petroleum Storage Tank Insurance Fund Board of Trustees for such costs.

2. Original invoices are requested; if photocopies are submitted, they must be accompanied by a signed statement certifying that the copies are true and accurate.

3. Invoices must match the general format of the previously-submitted cost estimate;

(B) If the person requesting reimbursement is not the owner of the land where the work is being or has been done, he or she must submit either proof of payment or lien waivers with the invoices;

(C) To the extent possible, invoices should be accumulated and submitted as a batch when a project, or phase of a project, is complete. In cases where the size of a project would present a financial hardship, the fund will make periodic reimbursements as the project progresses;

(D) The board may, for the purposes of standardizing claim submittals and assisting persons in preparing such submittals, require submission of a form along with invoices, summarizing the costs for which reimbursement is being sought, identifying the purposes of such costs, and providing such other information as may be needed to more efficiently process claims;

(E) The board will respond in writing to every request for reimbursement. If the response indicates some or all costs are being disallowed or denied, the response will identify those costs and the reason for such disallowance or denial; and (F) For claims made under subsection (4)(A), the first reimbursement for eligible costs will be reduced by the applicable deductible. For claims made under subsections (4)(B), (C), (D), or (E), the first reimbursement for eligible costs will be reduced by ten thousand dollars ($10,000).

Filed March 31, 2000, effective Sept. 30, 2000. Amended: Filed Nov. 15, 2001, effective May 30, 2002. Amended: Filed Aug. 1, 2014, effective March 30, 2015. Amended:

Filed Feb. 15, 2018, effective Sept. 30, 2018. 1996, 1998, 2001, 2008 and 319.131, RSMo 1989, amended 1991, 1994, 1995, 1996, 1998, 1999, 2001, 2008.

**History**
- *AUTHORITY: sections 319.129 and 319.131, RSMo 2016. Original rule filed April 1, 1999, effective Nov. 30, 1999. Amended:*

##### **10 CSR 100-5.020** Claims Appeal Procedure {#sec-10-csr-100-5.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 100-5.020}

PURPOSE: This rule sets forth the procedures to be followed in the event a person wishes to appeal a claim payment decision.

(1) If a fund participant or beneficiary disagrees with a payment decision, he or she must send or deliver the objection(s) or reason(s) for the disagreement in writing to the party designated by the board to process claims within one hundred eighty (180) days of the date the check or the claim denial is issued.

(2) The board’s agent or staff responsible for processing claims must then review the appeal and respond in writing to the fund participant or beneficiary within thirty (30) days of receipt of the appeal.

(3) If the fund participant or beneficiary still disagrees with the administrator’s decision, he or she may request further review by sending a written request within sixty (60) days of receipt of the administrator’s decision to the board’s executive director.

(4) The executive director will then review the claim file and the previous decisions, and will respond in writing to the fund participant or beneficiary within thirty (30) days of receipt of the request. The executive director must— (A) Affirm the decision previously made;

(B) Refer the appeal to the board of trustees; or (C) Specify additional information or clarification which is needed. In this case, the executive director must then take one (1) of the two (2) steps listed above within thirty (30) days of receipt of the additional information or clarification, or, if no response is received, may terminate the appeal.

(5) If the executive director affirms the previous decision, and the fund participant or beneficiary is still dissatisfied, he or she may request review by the board by sending a written request within sixty (60) days of receipt of the executive director’s decision to the board’s mailing address.

(6) If this occurs, or if the executive director refers the appeal to the board, the board will consider the appeal at one (1) of its two (2) next regularly-scheduled meetings. Board deliberations will be in a “non-contested hearing” format; the fund participant or beneficiary will have opportunity to present information to the board in open session, and the board may also hear a presentation from its staff or third-party administrator. The board may limit the time allowed for such presentations. The board may deliberate and make its decision in closed session in accordance with section 610.021, RSMo. The board’s decision will be communicated in writing to the fund participant or beneficiary within fourteen (14) days after the board meeting at which a decision is made.

(7) While the board may, at its sole discretion, choose to consider an appeal which is not submitted according to the deadlines imposed by sections (1), (3) or (5) of this

rule, it is under no obligation to consider or take action on such requests, and may deny a claim based upon the failure to timely comply with the deadlines stated in this section.

**History**
- *AUTHORITY: section 319.129, RSMo Supp. 1998. Original rule filed April 1, 1999, effective Nov. 30, 1999. 1996, 1998.*

##### **10 CSR 100-5.030** Third-Party Claims {#sec-10-csr-100-5.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 100-5.030}

PURPOSE: This rule describes the procedures to be followed in the event there is a third-party claim against a tank owner or operator who is insured by the fund, and summarizes what third-party coverage is provided by the fund.

(1) In the event that a fund participant receives notice from a third party, alleging property damage or bodily injury as a result of a release from a petroleum storage tank, he or she must notify the board in writing as soon as reasonably possible. Any written notice received by a fund participant which asserts an obligation to pay damages must be forwarded to the board. The fund participant must provide notification to the board while coverage is in effect, or during an extended reporting period allowed by the board.

(2) Fund participants must immediately send copies of any demands, notices, summonses or legal papers received in connection with a claim or suit, and must— (A) Authorize the board to obtain all records and other information available regarding the claim or suit;

(B) Cooperate with the board in the investigation, settlement or defense of the claim or suit; and (C) Assist the board, upon request, in the enforcement of any right against any person or organization which may be liable to the fund participant because of injury or damage covered by the fund.

(3) No fund participant may, except at the participant’s own cost, voluntarily make any payments of compensatory damages because of bodily injury or property damage without the prior consent of the board.

(4) Coverage for such damages does not include coverage for any loss or damage of an intangible nature, including, but not limited to, loss or interruption of business, pain and suffering of any person, lost income, mental distress, loss of use of any benefit, or punitive damages.

(5) The fund does not provide third-party coverage of any kind for releases from petroleum storage tanks at sites described in 10 CSR 100-5.010(4)(B), (4)(C), (4)(D), or (4)(E).

(6) The board has the right to defend any suit seeking property or bodily injury damages, and may investigate and settle any claim for third-party damages or suit at its sole discretion.

(7) The board has no obligation to defend any claim or suit for damages not covered by the fund.

Filed Feb. 15, 2018, effective Sept. 30, 2018. 1996, 1998, 2001, 2008 and 319.131, RSMo 1989, amended 1991, 1994, 1995, 1996, 1998, 2001, 2008.

6CODE OF STATE REGULATIONS

(8/31/18) JOHNR. ASHCROFT

**History**
- *AUTHORITY: sections 319.129 and 319.131, RSMo 2016. Original rule filed April 1, 1999, effective Nov. 30, 1999. Amended:*

### **Chapter 6** UST Operator Training

##### **10 CSR 100-6.010** UST Operator Training {#sec-10-csr-100-6.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 100-6.010}

PURPOSE: This rule imposes a requirement on operators of underground storage tanks to demonstrate they have been trained in how to properly operate their tank system(s).

(1) Definitions—In addition to the definitions contained in 10 CSR 26-1.010 and 10 CSR 100-2.010, the following definitions shall apply to this rule:

(A) “Class A/B Operator” means an individual who has responsibility for operating and maintaining an underground storage tank (UST) system in accordance with applicable requirements in 10 CSR 26-2.010–10 CSR 26-2.050, and for assuring that such requirements are implemented on a day-to-day basis;

(B) “Class C Operator” means an employee responsible for initially addressing emergencies presented by a spill or release from an underground storage tank system;

(C) “Qualified Class A/B Operator” means a Class A/B Operator who has met the requirements of section (2) of this rule; and (D) “Qualified Class C Operator” means a Class C Operator who has met the requirements of section (2) of this rule.

(2) Qualifications.

(A) To be a Qualified Class A/B Operator, an individual must— 1. Be certified as a Class A or Class A/B Operator in one (1) of the following states:

Arkansas, Oklahoma, Kansas, Iowa, Illinois, Kentucky, or Tennessee; or 2. Pass a test offered by the Petroleum Storage Tank Insurance Fund Board of Trustees, which shall be available via the Internet at no cost to UST owners and operators.

(B) To be a Qualified Class C Operator, an individual must— 1. Be certified as a Class C Operator in Arkansas, Oklahoma, Kansas, Iowa, Illinois, Kentucky, or Tennessee;

2. Be trained by a Qualified Class A/B Operator; or 3. Pass a test offered by the Petroleum Storage Tank Insurance Fund Board of Trustees, which shall be available via the Internet at no cost to UST owners and operators.

(3) Required Designations.

(A) No later than July 1, 2016, the owner or operator of a UST that is in use must designate at least one (1) Qualified Class A/B Operator for such UST(s).

(B) No later than July 1, 2016, the owner or operator of a UST that is in use must ensure that he/she has designated Qualified Class C Operators.

(C) Within thirty (30) days of bringing a new UST(s) into use after July 1, 2016, the owner or operator must ensure that he/she has designated at least one (1) Qualified Class A/B Operator and has designated Qualified Class C Operators. Any employee responsible for initially addressing emergencies presented by a spill or release from an underground storage tank system must become a Qualified Class C Operator prior to assuming that responsibility.

(D) Should a vacancy occur, the owner or operator of a UST that is in use must ensure that he/she has a Qualified Class A/B Operator within thirty (30) days of the respective vacancy. Any employee responsible for initially addressing emergencies presented by a spill or release from an underground storage tank system must become a Qualified Class C Operator prior to assuming that responsibility.

(4) Recordkeeping—The owner or operator of a UST that is in use must maintain records documenting compliance with this rule. Such records must be made available to the Department of Natural Resources, the Petroleum Storage Tank Insurance Fund, or their designated agent(s) upon request.

(5) Retraining—Within ninety (90) days of notice from the Department of Natural Resources, the Petroleum Storage Tank Insurance Fund Board of Trustees, or their designated agent(s), to an owner or operator of an UST, stating that the UST is significantly out of compliance with the requirements of 10 CSR 26-2.010–2.050, the UST owner or operator must— (A) Ensure that the designated Class A/B Operator for that UST either demonstrates an understanding of such requirements by passing the test referenced in paragraph (2)(A)2. of this rule or demonstrates to the satisfaction of the Department of Natural Resources that he/she understands such requirements;

(B) Assign a new Qualified Class A/B Operator for that UST; or (C) Properly and permanently close the UST in accordance with 10 CSR 26-2.061 and 2.062.

JOHNR. ASHCROFT(8/31/18)

**History**
- *AUTHORITY: section 319.130, RSMo 2016. Original rule filed Aug. 1, 2014, effective March 30, 2015. Amended: Filed Feb. 15, 2018, effective Sept. 30, 2018. Original authority: 319.130, RSMo 2011.*

## **Division 130** State Environmental Improvement and Energy Resources Authority

### **Chapter 1** Applications

##### **10 CSR 130-1.010** Definitions {#sec-10-csr-130-1.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 130-1.010}

PURPOSE: This rule sets out definitions used in the rules of the State Environmental Improvement and Energy Resources Authority.

(1) Except where the context indicates otherwise, terms as used in these rules have the meaning ascribed to them in this rule or the Act.

(2) Act means sections 260.005 to 260.125, inclusive, RSMo and Appendix B(1) thereto.

(3) Air pollution means the presence in the ambient air of one (1) or more air contaminants in quantities, of characteristics and a duration which directly and proximately cause or contribute to injury to human, plant, or animal life or health or to property or which unreasonably interferes with the enjoyment of life or use of property.

(4) Application fee means the fee payable upon filing of an application.

(5) Authorized representative means, with respect to a corporation, that person designated to act on its behalf by written certificate of

(6) Loans means loans made by the authority pursuant to the provisions of the Act.

(7) Pollution control facility means any facility, including land, disposal areas, incinerators, buildings, fixtures, machinery, and equipment financed, acquired, or constructed or to be financed, acquired, or constructed by the authority for the purpose of preventing or reducing pollution or providing for the disposal of solid waste or sewage.

(8) Solid waste or sewage disposal area means any area used for the disposal of solid waste or sewage from more than one (1) residential premises or one (1) or more commercial, industrial, manufacturing, recreational, or governmental operations.

(9) Solid waste or sewage processing facility means incinerator, compost plant, transfer station, or any facility where solid wastes or sewage are salvaged.

(10) Water pollution means contamination or other alteration of the physical, chemical, or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is reasonably certain to create a nuisance or render the waters harmful, detrimental, or injurious to public health, safety, or welfare or to domestic, industrial, agricultural, recreational, or other legitimate beneficial uses or to wild animals, birds, fish, or other aquatic life.

**History**
- *authority furnished to the authority containing the specimen signature of the person and signed on behalf of the corporation by its president or any vice president and attested to by its secretary or an assistant secretary.*
- *AUTHORITY: section 260.035.1(23), RSMo 2016. Original rule filed Sept. 3, 1986, effective Nov. 28, 1986. Amended: Filed Oct. 5, 2018, effective April 30, 2019. Original authority: 260.035, RSMo 1972, amended 1980, 1982, 1983, 1985, 1995.*

##### **10 CSR 130-1.020** Application Forms and Fees {#sec-10-csr-130-1.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 130-1.020}

PURPOSE: The State Environmental Improvement and Energy Resources Authority is authorized to provide for the conservation of the air, land, and water resources of the state by the prevention or reduction of the pollution thereof and proper methods of disposal of solid waste or sewage and providing water facilities and resource recovery facilities and to provide for the development of the energy resources of the state and to further the programs the authority is authorized to contract to provide services relating thereto, to finance, acquire or construct projects and to make loans or to issue its revenue bonds and/or notes to pay the cost thereof and to fund the costs of studies and research proposals in connection therewith. The pollution control projects must be in furtherance of applicable federal and state standards and regulations. These rules set forth the information and documents which constitute an application to the authority and the procedure which should be followed in making the applications.

(1) Any private person, firm, corporation, public body, political subdivision, or municipal corporation who intends to acquire, construct, or finance a project is eligible to submit an application with the authority for a resolution of official action toward issuance of the authority’s bonds and/or notes or the granting of a loan.

(2) The completed application shall be delivered to the State Environmental Improvement and Energy Resources Authority at its office in Jefferson City and an additional copy delivered to the authority’s general counsel, or to another person or address as the authority may from time-to-time designate by resolution.

(3) Applications may be delivered in paper or a computer readable format which may be accessed, read, electronically stored, and printed by the authority.

(4) The application statement should present a detailed outline of the project for which the

(5) The authority may request additional information from the applicant, and additional information so requested must be satisfactory to the authority before it passes its resolution of official action.

(6) If the project for which the authority is requested to finance is a pollution control project, the applicant, prior to the issuance of the authority’s bonds and/or notes or the granting of the loan, shall file with the

(7) The following fees are payable by applicant to the authority:

(A) Application Fee. An application fee in an amount as hereinafter provided is due and payable upon filing of the request for financing or refinancing. The application fee is an JOHNR. ASHCROFT(3/31/19) amount equal to one-tenth (1/10) of one percent (1%) of the amount for which financing is requested. Notwithstanding the foregoing, the applicant fee shall not be less that one hundred dollars ($100) nor more than two thousand five hundred dollars ($2,500). The application fee is nonrefundable and is in addition to the issuance fee or refinancing fee;

(B) Issuance Fee. For all loans, bonds, or notes issued by the authority, other than loans, bonds, or notes which are being issued to refund or refinance loans, bonds, or notes previously issued by the authority, an issuance fee shall be payable to the authority at the time of the closing of the issuance of the bonds or notes or the granting of the loan and computed in the following manner:

Rate Amount of Financing .00625 (5/8 of 1%) on the 1st $ 2,500,000; .005 (1/2 of 1%) on the next $ 2,500,000; .00375 (3/8 of 1%) on the next $ 5,000,000; .0025 (1/4 of 1%) on the next $15,000,000; .00125 (1/8 of 1%) on all over $25,000,000;

(C) Refinancing Fee. On all loans, bonds, or notes issued for refinancing or refunding previously issued loans, bonds, or notes, a refinancing fee shall be payable to the authority at the time of the closing of the issuance of the bonds, or notes, or the granting of the loan which is calculated as follows: i) within two (2) years after the issuance of the loan, bonds, or notes being refinanced, one-tenth (1/10) of the issuance fee provided in subsection (11)(B); ii) after two (2) years and within five (5) years after the issuance of the loan, bonds, or notes being refinanced, one-fifth (1/5) of the issuance fee provided in subsection (11)(B); iii) after five (5) years and within ten (10) years after the issuance of the loan, bonds, or notes being refinanced, onethird (1/3) of the issuance fee provided in subsection (11)(B); iv) after ten (10) years and within fifteen (15) years after the issuance of the loan, bonds, or notes being refinanced, one-half (1/2) of the issuance fee provided in subsection (11)(B); or v) after fifteen (15) years, same as issuance fee provided in subsection (11)(B); but in no event shall the refinancing fee be less than the lesser of a) ten thousand dollars ($10,000) or b) the issuance fee provided in subsection (11)(B);

(D) Nature of Fees. The application fee, issuance fee, and refinancing fee are for the support of the authority and its activities.

The application fee, issuance fee, and refinancing fee do not provide for bond registration and/or any other issuance or project costs, including, though not by way of limitation, attorneys’ fees, printing costs, financial advisor fees, underwriting fees, or trustee fees.

(8) Each applicant may be required to personally appear at the meeting at which the

(9) Prior to the issuance of the bonds and/or notes of the authority, the applicant shall either provide the authority with an unqualified opinion of counsel experienced in matters relating to tax exemption of interest on bonds and/or notes of states and their political subdivisions to the effect that the interest payments on the bonds and/or notes to be issued by the authority will be exempt from federal income taxes or apply for, and obtain in the name of the authority, a determination by the Internal Revenue Service that the interest payments on the bonds and/or notes to be issued by the authority will be exempt from federal income taxes.

(10) Upon written request submitted to the

rule including the payment of the application fee, issuance fee, and refinancing fee, or the amount thereof, if the authority determines that the substance and purpose of any rule provided for in these regulations has been complied with and fulfilled.

4CODE OF STATE REGULATIONS

(3/31/19) JOHNR. ASHCROFT

**History**
- *authority financing is requested and should be in a form as the authority may from timeto-time require. A copy of the application form may be obtained from the authority at its office in Jefferson City.*
- *authority— (A) A control agency certificate issued by the state or federal agency which is charged with regulating the pollution which the project is designed to control, reduce, or prevent stating that the pollution control project, as designed, is in furtherance of applicable state or federal standards and regulations; or (B) An engineering certificate from an engineering firm stating that the pollution control project, as designed, is in furtherance of applicable state or federal standards and regulations. The applicant shall be responsible for applying to the appropriate state or federal agency or engineering firm for the control agency certificate and for submitting to the state or federal agency or engineering firm information as the state or federal agency or engineering firm may require.*
- *authority considers the proposed resolution of official action.*
- *authority and upon good cause shown, the*
- *authority may waive or modify the strict application of any rule provided for in this*
- *AUTHORITY: section 260.035.1(23), RSMo 2016. Original rule filed Sept. 3, 1986, effective Nov. 28, 1986. Amended: Filed Oct. 5, 2018, effective April 30, 2019. Original authority: 260.035, RSMo 1972, amended 1980, 1982, 1983, 1985, 1995.*

## **Division 140** Division of Energy

### **Chapter 2** Energy Set-Aside Fund

##### **10 CSR 140-2.010** Definitions {#sec-10-csr-140-2.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 140-2.010}

PURPOSE: This rule provides definitions of special terms used in conjunction with the Energy Set-Aside Fund.

(1) Agricultural entity means a farm, ranch, or corporation engaged in growing, harvesting, or handling of crops, natural fibers, fruits, vegetables, plants, or trees, or feeding or care of livestock, poultry, or fish.

(2) Applicant means any school, hospital, small business, local government, agricultural entity, not-for-profit organization, business, commercial, or industrial entity or other energy-using sector or entity authorized by the department through administrative rule, which submits an application for loans or financial assistance to the department.

(3) Application cycle means the period or periods of time each year that the department shall accept applications for financial assistance under the provisions of sections 640.651 to 640.686, (4) Board means the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Professional Landscape Architects.

(5) Authorized official means an individual authorized to obligate an organization or entity.

(6) Borrower means a recipient of a loan or other financial assistance program funds subsequent to the execution of a loan or financial assistance documents with the department or other applicable parties, provided that a building owned by the state or an agency thereof, other than a state college or state university, shall not be eligible for loans or financial assistance pursuant to sections 640.651 to 640.686, RSMo.

(7) Building means— (A) An existing structure; or (B) Proposed new construction; or (C) Any applicant-owned, group of closely situated structural units that are centrally metered or served by a central utility plant; or (D) An eligible portion of any of these that includes an energy-using system.

(8) Business, industrial, and commercial entities mean corporations or other entities registered with the secretary of state to produce, manufacture, sell, or distribute goods or commodities; or to perform or deliver services.

(9) Department means the Department of Natural Resources.

(10) Director means the director of the Department of Natural Resources.

(11) Division means the Department of Natural Resources’ Division of Energy.

(12) Energy conservation measure (or ECM) means an installation in a building or replacement or modification to an energy-using system that is primarily intended to maintain or reduce energy consumption and reduce energy costs or allow the use of an alternative or renewable energy source.

(13) Energy conservation project (or project) means the design, acquisition, installation, operation, and commissioning of one (1) or more energy conservation measures.

(14) Energy-using sector or entity means an identified portion of the state’s economy which serves to provide structure to the allocation of loan funds.

(15) Energy-using system (or system) means energy-using equipment or a group of interacting mechanical or electrical components that use energy, such as heating, ventilation, air conditioning, manufacturing, water treatment, or lighting systems.

(16) Energy-related competency means skill sets which enable an architect or professional engineer to prepare a Technical Assistance Report (TAR) in a manner consistent with industry standards and to encourage reasonably accurate estimates of energy savings. Competency may be demonstrated by, but is not limited to, achievement of industry-recognized certifications in the energy field, demonstrated knowledge of building science or energy analysis, or a minimum of one (1) year of experience in performing energy analysis.

(17) Energy cost saving (or savings) means the value, in terms of dollars, that has accrued or is estimated to accrue from energy bill reductions or avoided costs due to an energy conservation project.

(18) Estimated simple payback means the estimated cost of a project divided by the estimated annual energy cost savings.

(19) Event of default means an activity or inactivity that results in the borrower’s failure to discharge a duty as prescribed in the loan agreement or other documents furnished in support of the loan agreement.

(20) Facility means a building that contains or interacts with energy-using systems, as determined by the department.

(21) Financial assistance means public or private funds reasonably available for loan or grant to a sector or entity desiring to implement an energy conservation project, thereby facilitating the mission of the division.

(22) Fund means the “Energy Set-Aside Program Fund” established in section 640.665, RSMo.

(23) Hospital means a facility as defined in section 197.020(2), RSMo, including any medical treatment or related facility controlled by a hospital board.

(24) Hospital board means the board of directors having general control of the property and affairs of the hospital facility.

(25) Incremental cost means the additional cost, as approved by the department, of new construction due to the addition, design, and installation of higher efficiency or renewable energy options compared to acceptable minimum efficiency, consistent with regional minimum design practices, traditional design practices, or local codes where applicable.

(2/28/25) Denny Hoskins (26) In-kind labor means the labor costs of an ECM that are performed by the borrower’s employees and that may include wages, benefits, and other direct overhead costs as approved by the department.

(27) Interest means accrued interest on loans charged by the department.

(28) Loan agreement means a document executed by the applicant(s), the department, and other funding source(s), if applicable, that details all terms and requirements under which the loan will be made and repaid.

(29) Local government means any county, city, town, or village; or any hospital district as such districts are defined in section 206.010, RSMo; or any sewer district as such districts are defined in section 249.010, RSMo; or any water supply districts as such districts are defined in section 247.010, RSMo; or any ambulance district as such districts are defined in section 190.010, RSMo; or any subdistrict of a zoological park and museum districts as such districts are defined in section 184.352, RSMo.

(30) Loan amount means the amount, stated in dollars in the loan agreement, determined by the department as eligible costs plus interest accrued that shall be repaid by the borrower.

(31) Not-for-profit organization means any corporation, trust, association, cooperative, or other organization which is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; is not organized primarily for profit; uses its net proceeds to maintain, improve, and/or expand its operations; is tax exempt under the Internal Revenue Code; and is registered and in good standing with the secretary of state.

(32) Payback score means a numeric value derived from the review of an application, calculated as prescribed by the department, that may include, but shall not be limited to, an estimated simple payback or life-cycle costing method of economic analysis and used for purposes of ranking applications for the selection of loan and financial assistance recipients within the balance of program funds available.

(33) Project cost means all costs determined by the department to be directly related to the implementation of an energy conservation project, including initial installation in a new building, that shall include the incremental cost of higher-efficiency energy-using systems or renewable energy options, either of which may be compared to a predicted baseline of energy consumption.

(34) Repayment period means the period, up to a maximum number of years as determined by the department for each loan cycle, required to repay a loan of financial assistance, unless otherwise negotiated as required under section 640.660, (35) School is defined in section 640.651, RSMo.

(36) Technical Assistance Report (or TAR) means a specialized engineering report that identifies and specifies the quantity of energy savings and related energy cost savings that are likely to result from the implementation of one (1) or more energy conservation measures.

Amended: Filed Aug. 3, 1989, effective Dec. 1, 1989. Amended: Filed June 26, 1992, effective Feb. 26, 1993. Rescinded and readopted:

Filed July 6, 1998, effective Feb. 28, 1999. Emergency amendment filed Sept. 30, 2010, effective Oct. 10, 2010, expired April 7, 2011.

Amended: Filed Oct. 1, 2010, effective March 30, 2011. Moved to 4 CSR 340-2.010, effective Aug. 28, 2013. Amended: Filed Nov. 17, 2014, effective May 30, 2015. Amended: Filed March 27, 2018, effective Oct. 30, 2018. Moved to 10 CSR 140-2.010, effective Jan. 15, 2020. *Original authority see Missouri Revised Statutes 2000 and Missouri Revised Statutes Cumulative Supplement-2010.

**History**
- *AUTHORITY: sections 640.651–640.686, RSMo 2016 and RSMo Supp. 2017. This rule originally filed as 10 CSR 140-2.010 and 4 CSR 340-2.010. Original rule filed April 2, 1988, effective Sept. 1, 1988.*

##### **10 CSR 140-2.020** General Provisions {#sec-10-csr-140-2.020 omnilex-key=us-mo-regs-official--title-10--10 CSR 140-2.020}

PURPOSE: This rule describes the method that will be utilized for administering the Energy Set-Aside Fund.

(1) Eligibility.

(A) Energy-using sectors or entities as defined in 10 CSR 140- 2.010 and as designated and announced by the department in accord with 10 CSR 140-2.020(2) are eligible to submit an application for loan funds or financial assistance to implement an energy conservation project provided the following criteria are met by the applicant:

1. The applicant’s proposed project must be located within the borders of Missouri;

2. The applicant must own and operate the building, facility, or system associated with the proposed project unless otherwise agreed to by the department;

3. The building, facility, or system proposed to receive Energy Conservation Measures (ECMs) must have a useful life and an expected operational life greater than the loan repayment period as determined by the department;

4. The applicant must not be in default or have a pending event of default;

5. The applicant must have no outstanding or known unresolved actions for violations of applicable federal, state, or local laws, ordinances, and rules; and 6. The applicant must not be an electric or natural gas utility.

(2) Application Cycle(s) Information. Application cycle(s) information including cycle opening and closing dates, information designating eligible applicant sectors for each application cycle, allocation of total dollars available for loans in each designated applicant sector, and interest rates will be published periodically by the department through public information methods. Information relating to selection criteria and other relevant information or guidance is available by contacting the Division of Energy’s Energy Loan Program, Program Clerk, PO Box 176, Jefferson City, MO 65102.

(3) Equity. Equity in distribution and access to loan funds, among and within sectors or entities will be addressed periodically.

Equity will be assessed by analyzing factors including but not limited to applicant’s access to other capital, interest rates, entity or sector demand, loan fund balance, public/private partnership potential, and emergency needs. Equity will be assured by managing factors including but not limited to eligibility, fund allocation, interest rates, and other variables RESOURCES DIVISION 140—DIVISION OF ENERGY among sectors or entities.

(4) Application.

(A) Application for loan funds may be submitted for the

purpose of implementing an energy conservation project. A Technical Assistance Report (TAR) must accompany the application or be on file with the department. The application and TAR shall be in a form required by the department which the department may revise from time-to-time. A copy of the application form and TAR format may be obtained from the Division of Energy’s Energy Loan Program, Program Clerk, PO Box 176, Jefferson City, MO 65102.

1. The TAR must be prepared by an architect or professional engineer with demonstrated energy-related competency when identifying and specifying the project’s likely energy savings and related energy cost savings requires education, training, and experience in a manner consistent with sections 327.091 and 327.181, RSMo. Examples of such instances include complex energy projects, such as variable air volume, constant air volume, chillers, water towers, multizone cooling systems, building automation systems, air handling distribution systems, or bubble diffusers for a water treatment facility.

2. The TAR does not need to be prepared by an architect or professional engineer for projects where the energy savings and related energy cost savings can be determined with sufficient inputs on the loan application worksheets or for simple energy projects. Examples may include lighting upgrades, boiler upgrades, water heater upgrades, window replacements, insulation, photovoltaic solar systems, motor upgrades, or appliance replacements for an entire building.

3. Division of Energy may seek guidance from the board in determining whether identifying and specifying the project’s likely energy savings and related energy cost savings requires architectural or professional engineering education, training, and experience.

(B) Each application must be completed, signed by an authorized official, and in accordance with 327.411, RSMo, if required, dated and accompanied by designated information requested by the department to determine the feasibility of the project and the financial risk of the proposed loan transaction.

(C) The department may request additional information as needed to determine the feasibility of the project, the projected energy savings from the project, and the financial risk of the proposed loan transaction. All applications for loans shall be approved or disapproved within ninety (90) days of receipt of application by the department’s Division of Energy or within ninety (90) days of the application cycle in the event of a competitive cycle or stand approved as submitted, provided that only complete applications, as determined by the department in its sole discretion, shall be deemed received by the department and eligible for loans. Applications which are not on the approved form or which do not provide all information required will be considered incomplete and may be rejected.

(D) Applications received after a designated cycle closing date will not be considered for that cycle. Any late applications will be held for consideration during subsequent eligible application cycles.

(E) Information submitted to or obtained by the department that meets requirements of section 640.155, RSMo, shall be considered confidential.

(5) ECM Eligibility.

(A) All ECMs for which financial assistance is being sought must be identified in a TAR.

1. A project comprised of one (1) or more ECMs must have a payback score, as determined by the department, of at least six (6) months and no more than ten (10) years or eighty percent (80%) of the expected useful life of the ECMs when the expected useful life exceeds ten (10) years. The expected useful life shall not exceed twenty (20) years. At the department’s discretion, an energy conservation loan may be approved that couples an energy conservation project with an applicant’s capital improvement project provided the loan amount from the department complies with the limitations described earlier in this paragraph.

2. The department may determine that an applicant with any portion of an ECM completed, purchased, in progress, or initiated in any manner prior to loan award is ineligible to receive loan funds for that ECM. Eligible project costs are limited to those specified in the loan agreement or associated documents.

3. The expected useful life of a proposed ECM must exceed the ECM’s repayment period.

(B) All costs incurred after the current loan cycle announcement is published in the “In Addition,” that are associated with the installation of an ECM, including in-kind labor costs and energy audits subject to the limitations in paragraph (5)(A)2. of this section, may be eligible as project costs. The loan agreement or associated documents will specify the portion of the project in the application that is eligible for reimbursement.

(C) ECMs previously funded by the department are not eligible for additional funding.

(6) Selection.

(A) Applications for loans shall be approved, disapproved, or approved in part or otherwise acted upon by the department director or his/her designee pursuant to section 640.653.3, (B) The applicant must be an acceptable credit risk as determined by the department and capable of repaying the requested loan amount based on a financial risk analysis that may be performed by the department or the department’s designee.

(C) In the event there is competition for funds, eligible applications shall be given a payback score for selection for funding using criteria set forth in the application cycle notification and in compliance with section 640.653, RSMo.

(D) The ECM costs and energy savings shall be computed using engineering and calculation methods prescribed by the department.

(E) Approved ECMs are determined solely by the department and shall be identified to the borrower in the loan agreement or associated documents.

(7) Loan Execution.

(A) An applicant approved for a loan shall execute a loan agreement in a form prescribed by the department that identifies the buildings, facility, system, or equipment associated with the implementation of the project, the approved ECMs, loan amount, and loan terms and conditions. A properly formatted copy of the loan agreement is available from the Division of Energy’s Energy Loan Program, Program Clerk, PO Box 176, Jefferson City, MO 65102.

(B) The department shall charge interest on loans under the provisions of section 640.660.1, RSMo. Interest rates shall be established at the beginning of each application cycle and remain fixed for the length of the loan agreement.

(C) The department will not execute a loan for less than five thousand dollars ($5,000).

(8) Borrower Responsibilities.

(2/28/25) Denny Hoskins (A) The borrower shall retain the TAR, loan documents, and all internal records directly related to the loan and project from the date the loan is executed to three (3) years after the loan agreement is retired or longer in the event of open audit findings or ongoing litigation. Upon receipt of a reasonable request, borrower will provide a copy of relevant records to the department. The borrower shall provide the requested records no later than ten (10) working days after receipt of request as evidenced by certified mail receipt.

(B) The borrower shall comply with all loan agreement terms and applicable federal, state, and local laws, rules and regulations, including but not limited to those governing the design, acquisition, and installation of approved ECMs.

(C) The borrower shall comply with the department’s reporting requirements pursuant to the loan agreement.

(D) Within thirty (30) days after the completion of the project, the borrower shall submit to the department a project final cost report. A form is available from the Division of Energy’s Energy Loan Program, Program Clerk, PO Box 176, Jefferson City, MO 65102.

(9) Monitoring.

(A) The department or its designee may perform on-site monitoring, and audit or inspect records relating to any loan from the date of loan approval to date of loan retirement. The borrower shall allow entry to its property by persons authorized by the department, during normal business hours, to carry out the department’s monitoring responsibilities.

(B) The department may request information from a borrower as needed for review and evaluation of an energy conservation project. The borrower shall, upon receipt of request, provide the requested information to the department within ten (10) working days.

(10) Events of Default.

(A) For purposes of administering the Energy Loan Program, an event of default shall include but not be limited to the following:

1. A failure by the borrower to make a timely payment on the loan;

2. Any material inaccuracy in any representation or warranty contained in, or made in connection with the execution and delivery of the loan agreement, or in any other documents furnished in support of the loan agreement;

3. Any failure by the borrower in the performance of any term, covenant, or agreement contained in the loan agreement;

4. A finding that the borrower is insolvent, fails to pay its debts as they mature, or voluntarily files a petition seeking reorganization, the appointment of a receiver or trustee, or liquidation of the borrower or of a substantial portion of the borrower’s assets, or to effect a plan or other arrangement with creditors; or an adjudication of bankruptcy against the borrower; or an involuntary assignment by the borrower for the benefit of creditors;

5. The filing of an involuntary petition against the borrower under any bankruptcy, insolvency or similar law, or seeking the reorganization of or the appointment of any receiver, trustee, or liquidator for the borrower, or of a substantial part of the property of the borrower, which is not dismissed within thirty (30) days, or the issuance of a writ or warrant of attachment or similar process against a substantial part of the property of the borrower which is not released or bonded within thirty (30) days of issue;

6. The rendering of any final judgment by a court of law against the borrower for the payment of an amount that materially affects the financial stability of the borrower, or that may adversely affect any assets given as security for the borrower’s obligations under the promissory note executed in accordance with the loan agreement that is not covered by liability insurance, and is not discharged within thirty (30) days of the date the judgment is rendered; or, the date such judgment is affirmed on appeal, provided that execution of the judgment was effectively stayed pending the appeal;

7. A finding that the borrower is in noncompliance with department rules and regulations and a failure to take appropriate action to resolve the noncompliance to the satisfaction of the department.

(B) The borrower shall give the department written notice of any event which may constitute an event of default within fifteen (15) days of the occurrence of such event.

(C) The director shall determine when, and if, an event of default has been committed by the borrower. Having determined an event of default has occurred, the director shall notify the borrower in writing, and provide for a reasonable period of time, not to exceed fifteen (15) days, to correct the default and return to compliance with all terms and conditions of the loan agreement unless otherwise provided by law.

(D) Should the borrower fail to correct the default and return to compliance in a timely manner to the satisfaction of the department the director may declare the loan, accrued interest, late penalties, and other moneys duly owed by the borrower, immediately due and payable in full.

(11) Remedies to Default. The department director may seek remedies to default or event of default available under section 640.660.4, 640.660.5, or 640.672, RSMo, and may exercise any right under law for a remedy to default.

Amended: Filed Nov. 17, 2014, effective May 30, 2015. Amended:

Filed March 27, 2018, effective Oct. 30, 2018. Moved to 10 CSR 140- 2.020, effective Jan. 15, 2020. Non-substantive change filed April 29, 2024, published June 30, 2024. Amended: Filed Aug. 6, 2024, effective March 30, 2025. *Original authority: see Missouri Revised Statutes 2016 and Missouri Revised Statutes Cumulative Supplement-2024.

**History**
- *AUTHORITY: sections 640.651–640.686, RSMo 2016 and RSMo Supp. 2024. This rule originally filed as 10 CSR 140-2.020 and 4 CSR 340-2.020. Original rule filed July 6, 1998, effective Feb. 28, 1999. Emergency amendment filed Sept. 30, 2010, effective Oct. 10, 2010, expired April 7, 2011. Amended: Filed Oct. 1, 2010, effective March 30, 2011. Moved to 4 CSR 340-2.020, effective Aug. 28, 2013.*

##### **10 CSR 140-2.030** Public Sector Eligibility {#sec-10-csr-140-2.030 omnilex-key=us-mo-regs-official--title-10--10 CSR 140-2.030}

(Rescinded March 30, 2011)

rule filed July 6, 1998, effective Feb. 28, 1999. Emergency rescission filed Sept. 30, 2010, effective Oct. 10, 2010, expired April 7, 2011.

Rescinded: Filed Oct. 1, 2010, effective March 30, 2011.

**History**
- *AUTHORITY: sections 640.651–640.686, RSMo Supp. 1997. Original*

### **Chapter 3** Definitions and General Rules

##### **10 CSR 140-3.010** Local Government Loan Program {#sec-10-csr-140-3.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 140-3.010}

(Rescinded February 28, 1999)

Filed July 6, 1998, effective Feb. 28, 1999.

Rebecca McDowell Cook (1/29/99)

**History**
- *AUTHORITY: sections 640.170ñ640.185, RSMo 1986. Original rule filed April 18, 1990, effective June 28, 1990. Rescinded:*

### **Chapter 4** Wood Energy Credit

##### **10 CSR 140-4.010** Wood Energy Credit {#sec-10-csr-140-4.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 140-4.010}

PURPOSE: This rule establishes the requirements and procedures for claiming the tax credit on wood energy products as well as extending the tax credit eligibility dates as provided for in sections 135.300–135.311, RSMo 2000 and RSMo Supp. 2014.

(1) Definitions.

(A) Charcoal—The solid carbonaceous residue remaining following the pyrolysis (carbonization or destructive distillation) of carbonaceous raw materials. Charcoal is produced batchwise or continuously by heating the raw materials in kilns or furnaces with limited quantities of air. Only the pure charcoal or raw charcoal produced from Missouri forest industry residue by a Missouri wood energy producer is eligible for the wood energy tax credit.

(B) Missouri forestry industry residue— Residue that results from normal timber harvest or production from a location within Missouri. It includes slash, saw dust, shavings, edgings, slabs, leaves, bark, and timber thinnings from timber stand improvements which are located within Missouri.

(C) Processed wood products—Wood pellets, cubes, charcoal, flour, or any product that results from thermal, chemical, or mechanical processes that sufficiently alter Missouri forestry industry residue into a product that can be used as an energy source.

Processed wood products can not exceed a moisture level of twenty percent (20%) dry weight. Items that do not qualify as processed wood products are—hogged wood, chipped wood, and any by-products produced from these processed wood products (that is, the sale and production of heat, steam, and/or electricity from Missouri forestry industry residue).

(D) Wood energy producer—Any person, firm, or business who engages in the business of producing processed wood products from Missouri forest industry residue to be used as an energy source.

(E) Wood energy producing facility—A Missouri facility using Missouri forestry industry residue to produce processed wood products.

(2) A Missouri wood energy producer shall make application for the credit to the Missouri Department of Natural Resources, Division of Energy. Applications can be made for processed wood products resulting from the use of Missouri forestry industry residue used on or after January 1, 1997. Applications must be received by the Division of Energy by June 30 of the year immediately following the calendar year of production. Unused credit may be carried over to any subsequent taxable year, not to exceed four (4) years, subject to 10 CSR 140-4.010(3). The application will include the number of tons of processed wood products produced in Missouri during the preceding calendar year, the name and address of the purchaser to whom the processed wood products were initially sold, the number of tons sold to each initial purchaser, and any documentation required by the Department of Natural Resources. The application will be received and reviewed by the Department of Natural Resources, Division of Energy, and that division will certify to the Department of Revenue all applicants which qualify as a wood energy producer.

(3) The tax credit to the wood energy producer shall be five dollars ($5) per ton of processed Missouri forestry industry residue. The calculation of the tax credit shall be five dollars ($5) per ton of wood pellets sold and for charcoal shall be five dollars ($5) per ton of charcoal sold, adjusted by a multiplier of four (4). The formula used to calculate the tax credit for charcoal is based on the amount of Missouri forest industry residue required to produce one (1) ton of charcoal. The processor of the Missouri forestry industry residue shall receive the tax credit. Any Missouri forestry industry residue used to produce heat in the manufacture of processed wood products does not qualify for the tax credit. There can be only one (1) tax credit claimed on any given Missouri forestry industry residue.

Applicants who qualify through the Department of Natural Resources, Division of Energy, and are certified to the Department of Revenue by the Department of Natural Resources , Division of Energy, for the tax credit may claim the credit for a period of five (5) years. The credit can only be used against the income tax otherwise due. This credit is not available for use against withholding tax liabilities. Any credit which exceeds the tax due shall not be refunded but may be carried forward to four (4) succeeding tax years. In the event that the total amount of credits applied for in a given year exceeds the total amount of the appropriation authorized, the amount of each credit will be adjusted on a pro rata basis so that the total amount of credits authorized does not exceed the total amount of the appropriation made for that year. In the event that an issued pro rata adjusted tax credit is not redeemed in part or in its entirety, only the amount of the issued credit may be carried forward. If the credit is not used or assigned within five (5) years it expires.

(4) The wood energy producer may elect to assign to a third party or parties the approved tax credit, if the credit has not expired or has not been previously used. The certification of the assignment must be filed with the Missouri Department of Revenue on a department form at the time the assignment takes place.

(5) The Department of Revenue will work with the Missouri Department of Natural Resources , Division of Energy, to generate a report to be provided to the Division of Energy within thirty (30) days following the end of the fiscal year on the amount and value of credits redeemed as of June 30 during the most recent fiscal year. This will allow the division to include any outstanding carry forward credit amounts in budget considerations.

(6) A wood energy producer using the federal credit for wood energy is not eligible to claim the state tax credit.

(7) In no event shall the aggregate amount of all authorized, issued, and redeemable tax credits under sections 135.300 to 135.311, RSMo exceed six (6) million dollars in any given fiscal year.

(8) For tax credits authorized or issued after July 1, 2015, in no event shall the aggregate tax credit amount authorized and issued in a given fiscal year exceed appropriations for that fiscal year.

(9) Amounts authorized and issued before July 1, 2015 shall be grandfathered.

rule originally filed as 10 CSR 140-4.010 and

**History**
- *AUTHORITY: sections 135.300–135.311 , 536.010, and 536.023.3, RSMo 2016. This*

##### **4 CSR 340-4.010.** Original rule filed Dec. 31, 1991, effective May 14, 1992. Amended: {#sec-4-csr-340-4.010. omnilex-key=us-mo-regs-official--title-10--4 CSR 340-4.010.}

Filed June 23, 1997, effective Feb. 28, 1998.

Amended: Filed April 22, 1998, effective Dec. 30, 1998. Moved to 4 CSR 340-4.010, effective Aug. 28, 2013. Amended: Filed Nov. 16, 2015, effective April 30, 2016. Emergency amendment filed Nov. 14, 2016, effective Nov. 24, 2016, expired May 22, 2017. Amended:

Filed Nov. 14, 2016, effective July 30, 2017.

Moved to 10 CSR 140-4.010, effective Jan. 15, 2020. Non-substantive change filed May 23, 2022, published July 31, 2022. *Original authority: 135.300, RSMo 1985, amended 1996; 135.305, RSMo 1985, amended 1996, 2008, 2014; 135.307, RSMo 1985, amended 1996; 135.309, RSMo 1985, amended 1996; 135.311, RSMo 1985, amended 1991, 1996; 536.010, RSMo 1945, amended 1957, 1976, 2004, 2005, 2006; 536.023, RSMo 1975, amended 1976, 1997, 2004.

(7/31/22) JOHN R. ASHCROFT

### **Chapter 5** Industrial Loan Program

##### **10 CSR 140-5.010** Definitions and General Provisions {#sec-10-csr-140-5.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 140-5.010}

(Rescinded November 30, 2013)

1991. Emergency rule filed Aug. 3, 1993, effective Aug. 13, 1993, expired Dec. 10, 1993. Emergency rule filed Dec. 3, 1993, effective Dec. 13, 1993, expired April 11, 1994. Original rule filed Aug. 3, 1993, effective April 9, 1994. Rescinded: Filed May 31, 2013, effective Nov. 30, 2013.

JASONKANDER(10/31/13)

**History**
- *AUTHORITY: sections 640.195, 640.200, 640.203, 640.205, 640.207, 640.210, 640.212, 640.215, and 640.218, RSMo Supp.*

### **Chapter 6** Missouri Propane Education and Research Program

##### **10 CSR 140-6.010** Definitions and General Provisions—Membership RESOURCES DIVISION 140—DIVISION OF ENERGY Research Program {#sec-10-csr-140-6.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 140-6.010}

##### **10 CSR 140-6.010** Definitions and General Provisions— Membership {#sec-10-csr-140-6.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 140-6.010}

(Rescinded April 30, 2024)

Moved to 4 CSR 340-6.010, effective Aug. 28, 2013. Amended: Filed April 25, 2018, effective Nov. 30, 2018. Moved to 10 CSR 140-6.010, effective Jan. 15, 2020. Rescinded: Filed Oct. 2, 2023, effective April 30, 2024.

**History**
- *AUTHORITY: sections 414.500, 414.510, 414.520, 414.530, 414.540, 414.550, 414.560, 414.570, 414.580, and 414.590, RSMo 2016 and RSMo Supp. 2018. This rule originally filed as 10 CSR 140-6.010 and 4 CSR 340-6.010. Original rule filed Feb. 2, 1994, effective July 30, 1994. Amended: Filed March 23, 2007, effective Oct. 30, 2007.*

### **Chapter 7** State Building Minimum Energy Efficiency Standards

##### **10 CSR 140-7.010** State Building Minimum Energy Efficiency Standards {#sec-10-csr-140-7.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 140-7.010}

PURPOSE: This rule establishes a minimum energy efficiency standard for construction of a state building, substantial renovation of a state building where major energy systems are involved, or a building which the state or state agency considers for acquisition or lease. This standard or its application will be modified through the In-Addition process of the Missouri Register, as appropriate, to reduce life-cycle costs of state building occupancy.

EDITOR’S NOTE: The following material is incorporated into this rule by reference:

1) American Society of Heating, Engineers, Inc., ASHRAE Standard Energy Efficient Design of New Buildings Except Low-Rise Residential Buildings (Atlanta: American Society of Heating, Engineers, Inc., 1989);

2) American Society of Heating, Engineers, Inc., ASHRAE Standard Energy-Efficient Design of New Low-Rise Residential Buildings (Atlanta: American Society of Heating, Refrigerating and Air- Conditioning Engineers, Inc., 1993);

3) Council of American Building Officials, Model Energy Code (Falls Church, VA:

The Council of American Building Officials,, 1993); and 4) Council of American Building Officials, Model Energy Code (Falls Church, VA:

The Council of American Building Officials, 1994 Amendments).

In accordance with section 536.031(4), RSMo, the full text of material incorporated by reference will be made available to any interested person at the Office of the Secretary of State and the headquarters of the adopting state agency.

(1) Definitions. The following terms used in this rule shall mean:

(A) Addition—Construction on an existing state-owned building where the building gross floor area increases by more than one hundred (100) square feet;

(B) ASHRAE—American Society of Heating, Refrigerating, and Air Conditioning Engineers, Inc.;

(C) Building life cycle costing—A method of economic evaluation that accounts for all costs, depreciation, incentives, taxes, inflation, and the time value of money over the lifetime of a building or over the first twentyfive (25) years after the construction or renovation is completed. Costs include initial materials, labor, and salvage credit; energy, operation, maintenance, and replacement over the lifetime; final salvage; and interest or discount over the lifetime. Typically a lowest initial cost approach serves as a baseline, and all other approaches are compared using one (1) or more of the following analysis tools: total life cycle cost, savings to investment ratio, net benefit, internal rate of return, or adjusted internal rate of return.

Each analysis tool produces the same result which is the lowest present value of total cost of a building over its lifetime;

(D) Minimum Energy Efficiency Standard—ASHRAE 90.1, Energy Efficient Design of New Buildings Except Low Rise Residential Buildings (latest edition), for all buildings that provide facilities or shelter for human occupancy and use energy primarily to provide human comfort, except single and multifamily residential buildings of three (3) or fewer stories above grade. ASHRAE 90.2, Energy Efficient Design of New Low Rise Residential Buildings (latest edition), or the Council of American Building Officials Model Energy Code (CABO MEC)(latest edition) for single and multifamily residential buildings of three (3) or fewer stories above grade for all buildings that provide shelter for human occupancy and use energy primarily to provide human comfort. When a new edition of the minimum energy efficiency standard is published by the sponsoring organization, its use shall become effective three (3) months after said date of publication for all projects on which work has not been started.

(This corresponds to the lease procurement date for buildings leased to the state, or the date of signing of a new building design contract for state-owned buildings.) Projects underway should be reviewed and upgraded to the new standard, but the effective date of the new standard shall not affect their prior design or approval;

(E) Must/shall/will—When the terms “must”, “shall,” or “will” are used herein, they designate mandatory provisions;

(F) Should—When the term “should” is used herein, it means that there is a strong expectation that the specified provision will be performed without a mandatory obligation to provide the requirement. When making this determination by the state agency evaluating the bids, costs of upgrading a building to meet specified provisions and resulting savings are to be considered. Building life cycle costing techniques are the ultimate tools for making this decision. However, in most cases, simple payback calculations combined with a broad experience base in energy conservation analysis will suffice for a final determination;

(G) Simple payback—The initial cost of an energy conservation measure divided by its annual cost savings. The units of the result are expressed in years;

(H) Substantial renovation—Construction on an existing state-owned building where energy can be saved, and where both of the following apply: the cost of the construction exceeds fifty percent (50%) of the estimated replace ment cost of that building; and where the total capital improvements budget request exceeds two hundred thousand dollars ($200,000).

(2) Applicability.

(A) The minimum energy efficiency stan dard sets forth minimum requirements for the efficient use of energy in the design of new state buildings or portions thereof, additions or substantial renovations to existing state buildings, or buildings the state considers for lease or acquisition. These buildings provide facilities or shelter for public assembly, of fice, educational, business, institutional, storage and residential occupancies, as well as those portions of factory and industrial occu pancies designed primarily for human occu pancy. Building energy efficiency is accom plished by regulating building exterior enve lopes, distribution of energy, and selection of systems and equipment for heating, ventilat ing, air conditioning, service water heating, energy management, and lighting.

(B) Leased Space.

1. All leases procured on or after January 1, 1996, for leased space of ten thousand (10,000) square feet or greater should con form to the minimum energy efficiency stan dard. The development of lease request for proposals after January 1, 1996, must contain this provision.

2. Leases of less than ten thousand (10,000) square feet are exempt from the requirements of the minimum energy effi ciency standard.

(C) Owned Buildings.

1. All buildings with construction completion prior to January 1, 1996, or with building design contracts signed prior to January 1, 1996, which the state considers for acquisition should conform to the minimum energy efficiency standard.

2. All building design contracts which construction of state-owned buildings shall conform to the minimum energy efficiency standard.

3. All additions design contracts which additions to state-owned buildings shall con form to the minimum energy efficiency stan dard. Only the addition must conform.

4. All substantial renovation design con tracts which are signed on or after January 1, 1996, for substantial renovations to stateowned buildings shall conform to the mini mum energy efficiency standard.

5. All renovation design contracts which renovations to state-owned buildings where the project cost is less than two hundred thousand dollars ($200,000) and where energy can be saved should conform to the minimum energy efficiency standard.

6. All replacement design contracts which are signed on or after January 1, 1996, for replacement of energy using systems in state-owned buildings where the project cost is less than two hundred thousand dollars ($200,000) and where energy can be saved should con form to the minimum energy efficiency stan dard.

(3) Exempt Buildings. The minimum energy efficiency standard does not apply to— (A) Areas of buildings intended primarily for manufacturing or commercial or industrial processing;

(B) Building or separately enclosed identifiable areas having any combination of dedicated space heating, service water heating, ventilating, air-conditioning, or lighting systems whose combined peak design rate of energy usage for these purposes is less than 3.5 BTU/H ft ) of gross floor area;

(C) Buildings of fewer than one hundred (100) square feet gross floor area;

(D) Buildings which have been designated as historically significant by the state or are listed in The National Register of Historic Places or which have been determined to be eligible for listing;

(E) Buildings and structures or portions thereof which are neither heated nor cooled; and (F) Buildings and structures or portions thereof not intended for human occupancy.

(4) Building Design Practices.

(A) The minimum energy efficiency standard is a minimum standard. It is not intended to be used as a design tool for a building.

The most cost-effective long-term design will depend on the needs of the building owner and occupant, and the currently available technol ogy. Usually buildings can be designed to provide a lower life-cycle cost than the mini mum energy efficiency standard would pro vide.

(B) The state should provide guidance in lease and proposed new construction specifi cations which would prevent known wasteful energy design practices and promote known cost-effective energy design practices.

rule filed July 11, 1995, effective Feb. 25, 1996. Moved to 4 CSR 340-7.010, effective Aug. 28, 2013. Moved to 10 CSR 140-7.010, effective Jan. 15, 2020. *Original authority 1993.

(1/30/20) JOHN R. ASHCROFT

**History**
- *AUTHORITY: sections 8.800–8.851, RSMo (1994). This rule originally filed as 10 CSR 140-7.010 and 4 CSR 340-7.010. Original*

### **Chapter 8** Certification of Renewable Energy and Renewable Energy Standard Compliance Account

##### **10 CSR 140-8.010** Certification of Renewable Energy and Renewable Energy Standard RESOURCES DIVISION 140—DIVISION OF ENERGY {#sec-10-csr-140-8.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 140-8.010}

##### **10 CSR 140-8.010** Certification of Renewable Energy and {#sec-10-csr-140-8.010 omnilex-key=us-mo-regs-official--title-10--10 CSR 140-8.010}

PURPOSE: This rule implements provisions of the Proposition C initiative petition passed by Missouri voters on November 4, 2008, collectively known as the “Renewable Energy Standard,” found in

section 393.1025, RSMo et seq.

(1) Definitions. For the purpose of this rule— (A) Commission—the Missouri Public Service Commission;

(B) Department—the Missouri Department of Natural Resources;

(C) Electric utility—a regulated Missouri electrical corporation as defined in section 386.020, RSMo;

(D) Professional forester—same as in 142.028.1.(4), RSMo;

(E) Renewable energy credit or REC—a tradable certificate as defined by section 393.1025(5), RSMo, that one (1) megawatt-hour of electricity has been generated from eligible renewable energy sources;

(F) Renewable energy generation facility or facility—the facility where electrical energy was generated by an eligible renewable energy resource; and (G) Renewable energy resources—electrical energy as defined by section 393.1025(5), RSMo, and which is eligible to be issued a renewable energy credit (REC).

(2) Eligible Renewable Energy Resources.

(A) The electricity must be derived from one (1) of the following types of renewable energy resources or technologies, as defined in section 393.1025(5), RSMo:

1. Wind;

2. Solar thermal sources or solar photovoltaic cells and panels;

3. Dedicated crops grown for energy production— herbaceous and woody crops that are harvested specifically for energy production in a sustainable manner;

4. Cellulosic agricultural residues—organic matter remaining after the harvesting and processing of agricultural crops. They include— A. Field residues–organic materials left on agricultural lands after the crops have been harvested, such as stalks, stubble, leaves, and seed pods; and B. Process residues–organic materials left after the crops have been processed into a usable resource, such as husks, seeds, and roots;

5. Plant residues—the residues of plants that would be converted into energy, that otherwise would be waste material;

6. Clean and untreated wood—non-hazardous wood 1) that has not been chemically treated with chemical preservatives such as creosote, pentachlorophenol, or chromated copper arsenate; and 2) that does not contain resins, glues, laminates, paints, preservatives, or other treatments that would combust or off-gas, or mixed with any other material that would burn, melt, or create other residue aside from wood ash.

A. Eligible clean and untreated wood may include but is not necessarily limited to the following sources:

(I) Forest-related resources, such as pre-commercial thinnings waste, slash (tree tops, branches, bark, or other residue left on the ground after logging or other forestry operations), brush, shrubs, stumps, lumber ends, trimmings, yard waste, dead and downed forest products, and small diameter forest thinnings (twelve inches (12") in diameter or less);

(II) Non-chemically treated wood and paper manufacturing waste, such as bark, trim slabs, scrap, shavings, sawdust, sander dust, and pulverized scraps;

(III) Vegetation waste, such as landscape waste or right-of-way trimmings;

(IV) Wood chips, pellets, or briquettes derived from non-toxic and unadulterated wood wastes or woody energy crops;

(V) Municipal solid waste, construction and demolition waste, urban wood waste, and other similar sources only if wood wastes are segregated from other solid wastes or inorganic wastes; and (VI) Other miscellaneous waste, such as waste pellets, pallets, crates, dunnage, scrap wood, tree debris left after a natural catastrophe, and recycled paper fibers that are no longer suitable for recycled paper production.

B. Ineligible clean and untreated wood may include but is not necessarily limited to the following sources:

(I) Post-consumer wastepaper;

(II) Wood from old growth forests (one hundred fifty (150) years old or older);

(III) Unsegregated solid waste; or (IV) Black liquor, unless used as an input consistent with paragraph (2)(A)10. of this rule;

7. Methane from landfills, wastewater treatment, or agricultural operations. Agricultural operations are defined as 1) the growing or harvesting of aquatic plants or agricultural crops grown in soil; or 2) the raising of animals for the purpose of making a profit, providing a livelihood, or conducting agricultural research or instruction. Wastewater treatment is defined as physical, chemical, biological, and mechanical procedures applied to an industrial or municipal discharge or to any other sources of contaminated water to remove, reduce, or neutralize contaminants;

8. Hydropower, not including pumped storage, that does not require a new diversion or impoundment of water and that each generator has a nameplate rating of ten megawatts (10 MW) or less. If an improvement to an existing hydropower facility does not require a new diversion or impoundment of water and incrementally increases the nameplate rating of each generator, up to ten megawatts (10 MW) per generator, the improvement qualifies as an eligible renewable energy resource;

9. Fuel cells using hydrogen produced by one (1) of the above-named renewable energy resources. RECs based on generating electricity in fuel cells from hydrogen derived from an eligible energy resource are eligible for compliance purposes only to the extent that the energy used to generate the hydrogen did not create RECs;

10. Products from thermal depolymerization or pyrolysis of waste material. Waste materials are specifically segregated materials from a waste stream for the purpose of producing energy or that are capable of producing energy. Pyrolysis is a thermochemical process through which organic matters are decomposed at elevated temperatures in an oxygen-deficient atmosphere into useful energy forms. Thermal depolymerization is the thermal decomposition (hydrous pyrolysis process) of organic compounds heated to high temperatures in the presence of water resulting in liquid oil; or 11. Other sources of energy, not including nuclear, that may become available after November 4, 2008, and are certified as eligible renewable energy resources as provided in section (3)

(1/30/24) John R. Ashcroft of this rule.

(3) Additions to Eligible Renewable Energy Resources.

(A) The department may certify new types of renewable energy resources in addition to those listed as eligible in section 393.1025(5), RSMo, if the department determines the following to be true:

1. The generation technology under review was not commercially available in Missouri prior to November 4, 2008;

2. The generation technology is not based on nuclear fission or nuclear fusion; and 3. There is no undue adverse air, water, or land use impacts, including impacts associated with the gathering of generation feedstocks.

(B) The department will publish in the Missouri Register new types of renewable resources it certifies as eligible pursuant to

section 393.1025(5), RSMo.

(C) The department hereby certifies the following new type of renewable resource:

1. Biofuels derived from biologically-based liquid fuels through an emulsion process.

(4) Certification of Renewable Energy Generation Facilities and Environmental Impact.

(A) The department shall publish and maintain a list of certified renewable energy generation facilities.

(B) Utilities that either own, or have contracted with, renewable energy generation facilities included on the list shall be required to provide a copy to the department of the completed Annual RES Compliance Report filed with the commission, pursuant to section 393.1030, RSMo, to verify the validity of information gathered during the certification review process.

The copy will be provided to the department concurrent with the filing of the Annual RES Compliance Report with the commission.

(C) Certification Review Process.

1. Certification reviews will be conducted by the department for renewable energy generation facilities upon application.

2. The certification review shall consider the eligibility of energy sources used by the facility to generate electricity. A determination will be made by the department as to whether the generation has caused or will cause undue adverse air, water, or land use impacts, including impacts associated with the gathering of generation feedstocks.

3. The certification review process may be initiated by an electric utility or by a facility by submitting an application for certification to the department. The department shall consider all such applications for certification and shall conduct a certification review process in response to all properly completed petitions. An application for certification must include:

A. A detailed technical description of energy sources, including fuel type, technology, and expected operating specifications, used by the facility to generate electricity and their conformity with the eligible renewable energy resources listed in section (2) and additional renewable energy resources certified by the department pursuant to section (3);

B. If any amount of fossil fuel is used in the generation process, a description of agreements or systems in place that assure sufficient data will be available to determine the portion of electrical output attributable to only the renewable energy resource;

C. An assessment of the facility’s air, water, or land use impacts, including impacts associated with the gathering of generation feedstocks. An assessment shall include, but is not limited to, demonstrating compliance with permits and agricultural and forestry best management practices, such as the “Missouri Woody Biomass Harvesting—Best Management Practices Manual” guidelines published by the Missouri Department of Conservation, found online at: http:// mdc4.mdc.mo.gov/Documents/18043.pdf, if applicable, and verification of compliance from a Missouri professional forester, if applicable. This assessment shall also include information concerning any applications for approvals or permits, or reviews or investigations by governmental entities with regard to environmental impacts;

D. The application for certification shall also state the following:

(I) That the electric utility or facility will obtain and/ or maintain all applicable environmental permits required by the department;

(II) That the facility is and will remain in substantial compliance with all federal and state air, water, and land environmental laws, regulations, and rules, and that the applicant will report to the department any instance in which the applicant or any member of its board of directors or principals is determined by any administrative agency or any court in connection with any judicial proceeding to be in noncompliance with any federal or state air, water, and land environmental laws, regulations, and rules, such report to be submitted within ten (10) working days following such determination;

(III) That the electric utility applicant will timely file its Annual RES Compliance Report with the commission pursuant to section 393.1030.2(3), RSMo;

(IV) That the utility will submit additional information that the department may require for its review of the facility’s energy sources and environmental impact with appropriate provision for confidentiality of sensitive information; i.e., protection of energy information pursuant to section 640.155, RSMo;

(V) That contracts for the acquisition of renewable energy resources shall provide for release of information to the department with appropriate provision for confidential treatment of any sensitive information, such as pursuant to section 640.155, RSMo; and (VI) To grant or obtain for the department access to facility sites and records for the purpose of verifying statements made in the petition; and E. A statement signed by a designated official of the electric utility or renewable energy generation facility attesting that “I have personally examined the information submitted herein by [name of electric utility or renewable energy generation facility], I attest that this information is accurate and complete and that I am authorized to make this statement on behalf of [name of utility or facility].”

4. On completion of its review, the department shall certify the facility if all requirements herein have been met.

The department may deny certifying the facility if those requirements are not met or for reasons stated in subparagraph (4)(C)4.A. The department may revoke certification as provided in subparagraph (4)(C)4.B.

A. The department may deny certification if the application is deficient or if the department finds— (I) That the energy sources and technologies used to generate electricity are not eligible renewable energy resources as set forth in section (2) or additional renewable energy resources certified by the department pursuant to section (3); or RESOURCES DIVISION 140—DIVISION OF ENERGY (II) That the facility has significant and unresolved violations of existing federal or state air, water, or land environmental regulations; or (III) That the facility has not adhered to forestry or agricultural best management practices consequently resulting in undue adverse air, water, or land use impacts, and that agreement cannot be reached on actions that the utility or generation facility will undertake that are sufficient to offset or mitigate the adverse impacts.

B. Any of the following actions may result in revocation of certification as an eligible renewable energy generation facility:

(I) Falsification of or failure to disclose any required information in the application for certification;

(II) Failure to remain in substantial compliance with all federal and state laws, regulations, and rules for the protection of the environment;

(III) A significant increase in adverse environmental impacts resulting from electric generation at the renewable energy generation facility;

(IV) Failure to disclose information on a confidential

basis that is essential for verifying the facility’s compliance with requirements for certification as an eligible renewable generation facility;

(V) Re-marketing or reselling of REC(s) after it has been sold to an electric utility; or (VI) Failure to obtain and/or maintain all applicable environmental permits required by the department.

5. A renewable energy generation facility which is denied certification or whose certification is revoked by the department shall not be eligible for use to meet the Renewable Energy Standard requirements in section 393.1030, RSMo, until such time as the facility has been certified or recertified by the department.

6. The public may file a complaint asking the department to conduct a revocation review of a certified renewable energy generation facility. The complaint must list alleged violation(s) by the facility, the facility’s name, date of violation(s), types of violation(s), and the address of the facility.

(5) Renewable Energy Standard Compliance Account.

(A) The department shall establish a Renewable Energy Standard Compliance Account (compliance account) whose funds shall be disposed as set forth in this section.

(B) Funds remitted to the department as a result of utilities’ failure to comply with the Renewable Energy Standard as provided in subsection 393.1030.2.(2), RSMo, shall be deposited into the compliance account and shall be used to purchase a sufficient number of renewable energy credits to offset the deficit in RECs. Funds deposited in the compliance account in excess of the funds required for the purchase of RECs to offset the deficit in RECs shall be used by the department solely for renewable energy and energy efficiency projects.

(C) Beginning in 2012, the department shall prepare an annual report on the transfer and disposition of funds in the compliance account. The report shall include a listing of RECs purchased using compliance account funds and the electric utilities on whose behalf the RECs were purchased using compliance account funds. The report shall be completed by June 30 and shall cover activities of the preceding calendar year. If any pertinent information is considered confidential, a version of the report disclosing the confidential information shall be submitted to the commission and a report without the confidential information shall be made available to the public.

Amended: Filed Aug. 9, 2023, effective Feb. 29, 2024. *Original authority: 393.1030, RSMo 2007, amended 2008, 2010, 2013, 2018.

**History**
- *AUTHORITY: section 393.1030, RSMo Supp. 2023. This rule originally filed as 10 CSR 140-8.010 and 4 CSR 340-8.010. Original rule filed June 14, 2010, effective Jan. 30, 2011. Amended: Filed Feb. 29, 2012, effective Aug. 30, 2012. Moved to 4 CSR 340-8.010, effective Aug. 28, 2013. Moved to 10 CSR 140-8.010, effective Jan. 15, 2020.*