J e r e miah W Oay ) Nixo n , Gov ernor. Sara P a rke r P a u l

e y, Dire cw r STATE Of MISS0URI 

# D i EPARTMENT OF NATURAL RESOURCES

I 

## / \ Vww. dnLm o.gov 

## OCT 2 2013

Mr. Karl Brooks Regional Administrator U.S. EPA, Region VII 11201 Renner Boulevard Lenexa

, KS 66219

Dear Mr. Brooks:

The Missouri Air Conservation Commission recently revised or promulgated the following regulation(s). The following is enclosed for your review:

10 CSR 10-6.110 Reporting Emission Data

, Emission Fees

, and Process Infonnation

This amendment will reference the applicable year(s) for the emission fee requirement to meet section 643.079 of the Revised Statutes of Missouri which requires emission fees to be set at least every three (3) years by rule. There will be no change to the fees at this time. This amendment also proposes to better reflect infonnation required in emission reports and clarifies the types and frequency of reports to be submitted to the Missouri Department of Natural Resources' Air Pollution Control Program for Emissions Inventory Questionnaire (EIQ)
purposes , including a revision to Table 4. This rulemaking will also remove definitions in this rule that can be found in 10 CSR 10-6.020, Definitions and Common Reference Tables.

The commission adopted the enclosed rule action(s) on June 27

, 2013, after considering

comments received at public hearing and throughout the open public comment period. The commission has full legal authority to develop rules pursuant to Section 643.050 of the Missouri Air Conservation Law

. The state followed all applicable administrative procedures in proposing and adopting the rule action(s). Enclosed are the required submittal elements for detennination of plan completeness per 40 CFR Part 51, Appendix V.

The Missouri Department of Natural Resources requests that the U

. S. Environmental Protection Agency amend the SIP to replace the current rule(s) in the SIP.

Also, the Missouri Department of Natural Resources requests that the U.S. Environmental Protection Agency amend the Missouri Title V program to include these revisions.

Compliant with the April 6, 20 II 

### state implementation plan regional consistency memo, an exact duplicate of this submittal is also being provided as an electronic attachment in an email to the Region VII Missouri coordinator.



# o

1Rn."' lr- d l 'otl>\ : 1'"

### Mr. Karl Brooks Page Two

Thank you for your attention to this matter. If you have any questions regarding this submittal, please contact Wendy Vit, with the Department's Air Pollution Control Program at P.O. Box 176, Jefferson City, MO 65102 or by phone at (573) 751-7840.

Sincerely,



### AIR**POLL~ON** 

### CONTROL PROGRAM

# K~~r:t**~** Director

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Enclosures:

Copy of rule published in CSR Copy of commission signature page certifying Missouri Air Conservation Commission adoption Copy of technical support documentation for rule (if applicable) Copies of public hearing notices Copy of public hearing transcript introductory statement Copy of MO Reg proposed rulemaking Copy of MO Reg order of rulemaking with comments/responses Mark-Up of Existing Federally-Approved State Regulation(s)

c: Missouri Air Conservation Commissionin an Alternate Emission Limits Permit is promulgated for the purpose of attaining and maintaining the ozone standard, the owner or operator of the installation who applied for the permit shall submit a new AlternateEmission Limits Permit application demonstrating that reductions in total emissions equal to or greater than the reduction required by the new emission limitations will occur on or before the final compliance date of the new rule. It will be a violation of this rule if the owner of an affected installation does not achieve the necessary reductions.

(H) Public Participation.

1. After making a preliminary determination to approve an application, the directorwill cause a notice to be published in a newspaper of general circulation within the county in which the alternate emission units are proposed. The public notice shall describe the nature of the application including, with reasonable specificity, the following: name, address, phone number, and representative of the agency issuing the public notice; name and address of the applicant; and the alternate emission limits. The public notice also shallinclude the director’s preliminary determination to approve or approve with conditions.The notice shall state that any interested person may submit relevant information, materials, and views to the director, in writing, for thirty (30) days after the date of publication of the notice. The notice shall further state that a copy of materials submitted by the applicant and used in making the preliminary determination, a copy of the preliminary determination and a copy or summary of other materials, if any, considered in making the preliminary determination are available for public inspection at the Department of Natural Resources’ regional office in the region in which the alternate emission limitwould become effective, as well as at the Jefferson City central office of the Air Pollution Control Program; 2. No later than the date public notice is published, the director shall make available tothe public, until the end of the public comment period, at the regional office in the region in which the proposed emission limit would become effective as well as the Air Pollution Control Program office in Jefferson City, a copy of the preliminary determination and a copy or summary of other materials, if any, considered in making the preliminary determination; 3. Within ten (10) days of a preliminary determination, the director shall send a copy of the public notice to the applicant and to officials and agencies having cognizance over the location where the alternate emissionlimit would occur as follows: local air pollution control agencies, the chief executives ofthe city and county where the alternate emission limit would become effective, any comprehensive regional land use planning agency, and any state air program director whose lands may be affected by emissions from the installation; 4. The director shall consider all written comments submitted within the time speci fied in the public notice 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 director shall consider the applicant's response in making a final decision. The director shall make all comments available for public inspection in the same locations where the director made available information at the time of public notice relating to the proposed emission limit. Further, the director shall prepare a written response to all comments and make itavailable at the locations referred to previously; and5. The director shall make a final determination whether the alternate emission limit application should be approved, approved with conditions, or denied pursuant to this rule and notify the applicant in writing of the final determination and make notification available for public inspection at the same locations where the director made available information pertaining to the preliminary determination.

(I) Fee Schedule.

1. Filing Fee. Each application will be accompanied by a one hundred dollar ($100) filing fee. 2. Permit Fee. One hundred ten dollars ($110) per source operation due prior to the publication of public notice.

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

(5) Test Methods. (Not applicable)

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.

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

10 CSR 10-6.110 Reporting Emission Data, Emission Fees, and Process Information

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) Reportable pollutants—The regulated air pollutants at the process level required for emission inventory reporting as summarized in Table 1 of this rule.

(B) 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.

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

96 CODE OF STATE REGULATIONS (9/30/13) J ASON K ANDER Secretary of State 

### 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation CommissionCODE OF STATE REGULATIONS 97 J ASON K ANDER (9/30/13) Secretary of State 

### Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6

(3) General Provisions.

(A) Emission Fees.

1. Any installation subject to this rule, except sources that produce charcoal from wood, shall pay an annual emission fee of forty dollars and no cents ($40.00) per ton of applicable pollutant emissions identified in Table 2 of this rule for calendar years 2013,2014, and 2015 in accordance with paragraphs (3)(A)2. through (3)(A)7. of this rule. 2. For Full Emissions Reports, the fee is based on the information provided in the installation’s emissions report. For sources which qualify for and use the Reduced Reporting Form, the fee shall be based on the last Full Emissions Report. 3. The fee shall apply to the first four thousand (4,000) tons of each air pollutant subject to fees as identified in Table 2 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 this rulewhich emitted less than one (1) ton of all pollutants subject to fees shall pay a fee for one (1) ton. 4. An installation which 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. 5. The fee imposed in paragraph (3)(A)1. of this rule shall not apply to NH 3 , CO, PM 2.5 , or HAPs reported as PM 10 or VOC, as summarized in Table 2 of this rule. 6. Emission fees for the reporting year are due June 1 after each reporting year. Thefees shall be payable to the Missouri Department of Natural Resources.7. 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. (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. Ifdata 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 this rule; 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 updated); 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 anysuch method to estimate emissions in the submission of an emissions report. TABLE 1. Reportable Pollutants with Reporting Thresholds

Process Level Re p ortable Pollutants Emission Unit Level Reporting Threshold Point Sources Small Sources Tons Pounds PM 10 fil PM 10 pri 0.438 876 PMcon PM 2.5 fil PM 2.5 pri 0.438 876 PMcon SO 2 1 2000 NO x 1 2000 VOC 0.438 876 CO 1 2000 Category One (1) HAP a Category Two (2) HAP b 0.01 a 20 a 0.1 b 200 b
NH 3 0.438 876 Lead a 0.01 a 20 a

a 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, an d Coke Oven Emissions. b 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 c hemicals.

TABLE 2. Pollutant Fee Applicability

Pollutants Subject to Fees Pollutants Not Sub j ect to Fees PM 10 pri PM 2.5 pri

SO 2 CO

NO x NH 3
VOC HAPs reported as PM 10 or VOC HAP

Lead2. 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 for in calculating emissions, or using a less accurate emission estimation method for a process when a facility hasmore 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 specificationsduring the period for which data is being presented. (II) CEMS data must be presented in the units which the system was designed tomeasure. Additional data sets used to extrapolate CEMS data must have equal or betterreliability 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 emissions. (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 reviewand 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 thanAP-42 or FIRE. Newly developed EPA emission factors must be published by December31 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 supportingdocumentation as the director deems necessary. A minimum seven (7)-day notice mustbe 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 calculationvaries 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 besubject 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. 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 informationobtained pursuant to the rule(s) of the Missouri Air Conservation Commission thatwould 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 Record Keeping. 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 therule. The information required in the emissions report is listed in Table 3 of this rule. All data elements must be reported initially and only changed data elements must bereported subsequently. To ensure permit consistency, the Air Pollution Control ProgramEmissions Inventory Unit will provide assistance to identify and quantify the data elements in Table 3 of this rule.

98 CODE OF STATE REGULATIONS (9/30/13) J ASON K ANDER Secretary of State 

### 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation CommissionCODE OF STATE REGULATIONS 99 J ASON K ANDER (9/30/13) Secretary of State 

### Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6

(B) Types and Frequency of Reporting. Therequirements in this subsection are summarized in Table 4 of this rule. 1. All sources (Part 70, intermediate, and small) must submit a Full EmissionsReport 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 minusfive (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 thefirst full year the affected permitted equipment operates; and 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 minusfive (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 thefirst full year the affected permitted equipment operates.3. An installation may choose to complete a Full Emissions Report in any year. TABLE 3. 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)(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 4 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 not required to 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. 7. After the effective date of this rule, any revision to the department-supplied EIQforms will be presented to the regulated community for a forty-five (45)-day comment period.

(5) Test Methods. (Not Applicable)

AUTHORITY: section 643.050, RSMo Supp. 2012.* 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.

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

10 CSR 10-6.120 Restriction of Emissionsof Lead From Specific Lead Smelter-Refinery Installations

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 shall apply to existing installations in Missouri engaged in specific smelting and refining for the production of lead.

(B) Operation and Maintenance of LeadEmissions Control Equipment and Procedures. The owner or operator of any specific lead smelter shall operate and maintainall lead emissions control equipment and perform all procedures as required by this rule.

100 CODE OF STATE REGULATIONS (9/30/13) J ASON K ANDER Secretary of State 

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

TABLE 4. Summary of Types and Frequency of Reporting

Emission Year

Installation classification 2011 2012 2013 2014 2015 2016 2017 Years Beyond 2017*

Part 70 Full Emissions

Report Full Emissions

Report Full Emissions

Report Full Emissions

Report Full Emissions

Report Full Emissions

Report Full Emissions

Report *

Intermediate Full Emissions

Report Reduced Reporting

Form(subparagraph (4)(B)2.B.) Reduced Reporting

Form(subparagraph (4)(B)2.B.) Full Emissions

Report Reduced Reporting

Form(subparagraph (4)(B)2.B.) Reduced Reporting

Form(subparagraph (4)(B)2.B.) Full Emissions

Report *

Small Source Reduced Reporting

Form(subparagraph (4)(B)2.C.) Reduced Reporting

Form(subparagraph (4)(B)2.C.) Reduced Reporting

Form(subparagraph (4)(B)2.C.) Reduced Reporting

Form(subparagraph (4)(B)2.C.) Reduced Reporting

Form(subparagraph (4)(B)2.C.) Reduced Reporting

Form(subparagraph (4)(B)2.C.) Reduced Reporting

Form(subparagraph (4)(B)2.C.) *

*Reporting requirements for years beyond 2017 are repeated in three (3)-year cycles. (e.g. requirements for years 2018, 2019, and 2020 are the same as years 2012, 2013, and 2014 respectively)

### Order of Rulemaking



### Compliant with 

### 643.055 RSMo, the Missouri Air Conservation Commission has determined that this action is needed to have a U.S. Environmental Protection Agency approved State Implementation Plan.



### 10 CSR 

### 10-6.110 (amendment) Reporting Emission Data, Emission Fees and Process Information, 

### is hereby ADOPTED 

### by the Missouri Air Conservation Commission this 

### 2ih day of June, 

### 2013.

# 6~~~=-=**--=:/-- ....** **c,...at-<Ca.o:::.... lo...o** **~:-- C={** **==----_-,** Chairman

# .....,**.,-L ~~~** **--- ________** **_,** Vice Chairman

# _-f-..**=~ .....,** **-<-c. ___** **-------**

, Member

_________________________

, Member

_____________ __ ___________ , Member

__________________________ , Member

____________________ __ _ , Member

### Jay Nixon, Governor Sara Parker Pauley, Director 

# Air Pollution Control Program

Rulemakings on Public Notice

The Missouri Department of Natural Resources filed the following proposed rulemakings with the secretary of state's office and comments are being accepted as noted at th e end of the proposed rulemaking under the Notice of Public Hearing an d Notice to Submit Comments heading. To submit comments electronically, use the links below the rule or to submit written comments see the address below.

10 CSR 10-6.060 ( amendment ) Construction Permits Required

This proposed amendment will inco rporate by reference the U.S. En vironmental Protection Agency's (EPA's) revisions to plantwide applicability limi tations (PALs) for Greenhouse Gas (GHG) emissions finalized with Step 3 of the GHG Tailoring Rule. These revisions give facilities subject to GHG permitting the option of establishing PALs on a carbon dioxide equivalent basis and docume nts that EPA is retaining the current GHG permitting thresholds, ensuring that GHG permitting requirements continue to apply to large sources only. The rulemaking will also remove the EPA’s grandfather provision that allowed certain sources to use coarse particulate ma tter as a surrogate for fine partic ulate matter during the transition to PM2.5 permitting. This administrative change which will up date the incorporation by reference date for the GHG PAL option will not affect any Missouri sources. Other revisions include correcting the definition of "regulated NSR pollutant ", modifying the notification period for initial equipment start-up to improve tracking of new/modified equipment and test ing, and clarifying de minimis permit air quality analysis requirements.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-5.570 (amendment) Control of Sulfur Emissions From Stationary Boilers

This proposed amendment will clarify th at the brewery sulf ur dioxide (SO2) emission limit applies only to the total SO2 emissions from applicable units within an installation and not the total SO2e missions from the entire brewery installation. This rulemaking will also remove de finitions in this rule that can be found in 10 CSR 10-6.020 Definitions and Common Reference Tables.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-6.345 ( rescission ) Control of NOx Emission s From Upwind Sources Pa g e 1 of 3 Rulemakin g s on Public Notice - DNR

4/16/2013 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm

### This is a proposed rescission of an expired rule. Subsection (1)(C) states this rule will expire five years from the December 30, 2006 effective date. The five-year period en ded on December 30, 2011.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-6.400 ( amendment ) Restriction of Emission of Particulate Matt er From Industrial Processes

This proposed amendment will add a hierarchy of various compliance methods, providing options for demonstrating compliance in addition to stack tests, and clarify that this rule limits filterable particulate matter only. This rulemaking will also remove definitions in this rule that ca n be found in 10 CSR 10- 6.020 Definitions and Common Reference Tables.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-6.110 ( amendment ) Reporting Emission Data, Emission Fe es, and Process Information

This proposed amendment will refere nce the applicable year(s) for the emission fee requirement to meet section 643.079 of the Revised Statutes of Missouri which requires emission fees to be set at least every three (3) years by rule. There will be no change to the fees at this time. This rulemaking also proposes to better reflect information requir ed in emission reports and clarifie s the types and frequency of reports to be submitted to the department ’s Air Pollution Control Program fo r Emissions Inventory Questionnaire purposes, including a revision to Table 4. This rulemaking will also remove definitions in this rule that can be found in 10 CSR 10-6.020 Definitions and Common Reference Tables.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-6.390 (amendment) Control of NOx Emissions From Large Stationary Internal Combustion Engines

This proposed amendmen t will correct the words “a kiln” to “an engine” found in subsection (3)(F). This rulemaking will also remove definitions in this rule that can be found in 10 CSR 10-6.020 Definitions and Common Reference Tables.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013. Pa g e 2 of 3 Rulemakin g s on Public Notice - DNR

4/16/2013 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm1 

### Bechtel, Cheri

From: Missouri DNR <MODNR@public.govdelivery.com> Sent: Wednesday, April 24, 2013 11:18 AM To: Bechtel, Cheri Subject: Courtesy Copy: Missouri DNR Air Public Notices Update



### This is a courtesy copy of an em ail bulletin sent by Cheri Bechtel.

This bulletin was sent to the following groups of people:

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.

Below is a notice for items being presented for public hearing at the May 30, 2013 Missouri Air Conservation Commission meeting. If you have an y questions, please contact Wendy Vi t with the Air Pollution Control Program at (573) 526-3167 or wendy.vit@dnr.mo.gov

.

MISSOURI AIR CONSER VATION COMMISSION WILL HOLD PUBLIC HEARING

JEFFERSON CITY, MO -- The Missouri Air Conser vation Commission will hol d a public hearing on Thursday, May 30, 2013 beginning at 9 a. m. at the Elm Street Conferen ce Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri. The commission will hear testimony related to the fo llowing proposed action(s):
* 10 CSR 10-6.060 (amendme nt) Construction Permits Required

* 10 CSR 10-5.570 (amendment) Control of Sulfur Emissions From Stationary Boilers

* 10 CSR 10-6.345 (rescission) Control of NO x 

### Emissions From Upwind Sources

The above rule action will not be submitted for incl usion in the Missouri State Implementation Plan because the rule is not permanent and enforceable and never was intended to be part of the Missouri State Implementation Plan.

* 10 CSR 10-6.400 (amendment) Restrictio n of Emission of Particulate Matter From Industrial Processes

* 10 CSR 10-6.110 (amendment) Reporting Em ission Data, Emission Fees, and Process Information

The above rule action will be submitted for inclusi on in the Missouri State Implementation Plan and the Missouri Title V program.2 

### * 10 CSR 10-6.390 (amendment) Control of NO x 

### Emissions From Large Stationary Internal Combustion Engines

* Missouri State Implementation Plan – Section 110 Infrastructure Re quirements for the 2008 Ozone National Ambient Air Quality Standard

* Missouri State Implementation Plan – S ection 110 Infrastructure Requi rements for the 2010 Sulfur Dioxide (SO 2 

### ) National Ambient Air Quality Standard

If the Commission adopts the action(s), it will be the De partment’s intention to submit the action(s) to the U.S. Environmental Protection Agency to be incl uded in Missouri’s State Implementation Plan unless otherwise noted above.

Documents for the above item(s) will be available for review at the Missour i Department of Natural Resources, Air Pollution Control Pr ogram, 1659 Elm Street, Jefferson Cit y, (573) 751-4817 and in the Public N otices section of the program web site http://dnr.mo.gov/env/apcp/public- notices.htm. This information will be available at least 30 days pr ior to the public hearing date.

The Department will accept written or email comments for the record until 5 p.m. on June 6, 2013. Please send written comments to Chief, Air Quality Planning Section, Air Pollution Control Program, P.O. Box 176, Jefferson City, MO 65102-0176. Email comments may be submitted via the program web site noted above. All written and email comments and public hear ing testimony will be equally considered.

Citizens wishing to speak at the public hearing should notify the secretary to th e Missouri Air Conservation Commission, Missouri Department of Natural Resour ces, Air Pollution Control Program, P.O. Box 176, Jefferson City, Missouri 65102-0176, or telephone ( 573) 526-3420. The Department requests persons intending to give verbal presenta tions also provide a wr itten copy of their testimony to the commission secretary at the time of the public hearing.

Persons with disabilities requiring special services or accommodations to attend the meeting can make arrangements by calling the Program di rectly at (573) 751-4817, the Divisi on of Environmental Quality's toll free number at (800) 361-4827, or by writing two weeks in advance of the meeting to: Missouri Department of Natural Resources, Air Conservation Commissi on Secretary, P.O. Box 176, Jefferson City, MO 65102. Hearing impaired persons may contact the program through Relay Missouri, (800) 735-2966.

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.Public Hearing 5/30/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 1



### 1 DEPARTMENT OF NATURAL RESOURCES

2 MISSOURI AIR CONSERVATION COMMISSION

3

4

5

6

7

8
9 Public Hearing

1730 East Elm Street
10 Jefferson City, Missouri
May 30, 2013

11 9 a.m.

12

13

14

Before:

15

Jack Baker, Chairman

16 Mark S. Garnett

Gary Pendergrass

17 David Zimmerman

18

19

20

Reported by:

21 Melissa Bennett
Midwest Litigation Services

22 3432 West Truman Boulevard, Suite 207
Jefferson City, MO 65109

23 (573)636-7551

24

25Public Hearing 5/30/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 2


### 1 Agenda for Public Hearing

2

3

10 CSR 10-6.060 (amendment) Construction Permits
4 Required

5 10 CSR 10-5.570 (amendment) Control of Sulfur
Emissions from Stationary Boilers

6

10 CSR 10-6.345 (recission) Control of NOx Emission s 7 from Upwind Sources

8 10 CSR 10-6.400 (amendment) Restriction of Emissio n of

Particulate Matter from Industrial Processes

9
10 CSR 10-6.110 (amendment) Reporting Emission Data , 10 Emission Fees, and Process Information

11 10 CSR 10-6.390 (amendment) Control of NOx Emissi ons from Large Stationary Internal Combustion Engines

12
Missouri State Implementation Plan - Section 110
13 Infrastructure Requirements:
14 2008 Ozone National Ambient Air Quality Stan dard
2010 SO2 National Ambient Air Quality Standard

15

16

17

18

19

20

21

22

23

24

25Public Hearing 5/30/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 4



### 1 P R O C E E D I N G S

2 (Proceedings commenced at 9:32 a.m.)

3 CHAIRMAN BAKER: I'll call the public

4 hearing to order. The hearing will come to order.

5 Let the record show that the following commissione rs

6 are present: Jack Baker, Mark Garnett, Gary

7 Pendergrass, and David Zimmerman. The Air

8 Conservation Commission of the State of Missouri h as

9 called this public hearing pursuant to Section

10 643.070, Revised Statutes of Missouri; EPA promul gated

11 Rule 40 CFR 51.102, for the purpose of hearing

12 testimony related to: 10 CSR 10-6.060, amendment ,

13 Construction Permits Required; 10 CR -- CSR 10-5. 570,

14 amendment, Control of Sulfur Emissions from Stati onary

15 Boilers; 10 CSR 10-6.345, rescission, Control of NOx

16 Emissions from Upwind Sources; 10 CSR 10-6.400,

17 amendment, Restriction of Emission of Particulate

18 Matter from Industrial Processes; 10 CSR 10-6.110 ,

19 amendment, Reporting Emission Data, Emission Fees , and

20 Process Information; 10 CS -- 10 CSR 10-6.390,

21 amendment, Control of NOx Emissions from Large

22 Stationary Internal Combustion Engines; Missouri State

23 Implementation Plan Section 110 Infrastructure

24 Requirements, 2008 Ozone National Ambient Air Qua lity

25 Standard, 2010 SO2 National Ambient Air QualityPublic Hearing 5/30/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 12


### 1 10-6.405, another particulate matter rule. This w ill

2 help clarify how sources must demonstrate complian ce

3 with the limits in 10 CSR 10-6.400.

4 In addition, this rulemaking will clar ify

5 that this rule limits filterable particulate matte r

6 only. This rulemaking will also remove definition s

7 from the rule that can now be found in 10 CSR

8 10-6.020, Definitions and Common Reference Tables.

9 If the Commission adopts this rule act ion,

10 it will be the Department's intention to submit t his

11 rule amendment to the U.S. Environmental Protecti on

12 Agency to replace the current rule that is in the

13 Missouri State Implementation Plan. Thank you.

14 CHAIRMAN BAKER: Any questions? Okay ,

15 none. Thank you. Reporting emission data, emiss ion

16 fees, and process information. Mr. Basham.

17 MR. BASHAM: Mr. Chairman, members of the

18 Commission, my name is Aaron Basham. I'm employe d

19 with the Missouri Department of Natural Resources ' Air

20 Pollution Control Program. I work at 1659 East E lm

21 Street in Jefferson City, Missouri. I'm here to

22 present testimony for the proposed amendment to 1 0 CSR

23 10-6.110, Reporting Emission Data, Emission Fees, and

24 Process Information. The rule information begins on

25 page 143 of the briefing document.B. The delay was not due to an act of God or other conditions beyond the control of the owner or operator; or C. Failure to revoke the permit would be unfair to other potential applicants; 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 ofthe permit, or any owner or operator of an installation who commences construction or modification after May 13, 1982, without meeting the requirements of this rule, is in violation of this rule; 4. Approval to construct shall 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; and5. The permitting authority may require monitoring of visibility in any Class I area (those designated in paragraph (12)(I)3. of thisrule) near the new installation or major modification for these purposes and by such means as the permitting authority deems necessary and appropriate.

(8) Attainment and Unclassified Area Permits.

(A) All of the subsections of 40 CFR 52.21, other than (a) Plandisapproval, (q) Public participation, (s) Environmental impact statements, and (u) Delegation of authority, promulgated as of July 1, [2011] 2012 , and Federal Register Notice [76 FR 43507] 77 FR 41051 promulgated [July 20, 2011] July 12, 2012, Federal Register Notice 77 FR 6 5107 pr omulgated October 25, 2012, and Federal Register Notice 76 FR 28646 promulgated May 18, 2011

, are 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.

AUTHORITY: section 643.050, RSMo Supp. [2011] 2012 . Originalrule filed Dec. 10, 1979, effective April 11, 1980. For intervening history, please consult the Code of State Regulations . Amended: Filed March 13, 2013.

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

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate. The private entity fiscal cost impacts for compliance with the federal standards are accounted for in the federal rulemaki ngs.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin at 9:00 a.m., May 30, 2013. The public hearing will be held at the Elm Street Conference Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri.Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit a written or email statement of their views until 5:00 p.m. June 6, 2013. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102-0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

PROPOSED AMENDMENT 10 CSR 10-6.110 Reporting Emission Data, Emission Fees, and Process Information . The commission proposes to amend section (2), subsection (3)(A), and section (4). If the commission adopts this rule action, it will be the department’s intention to submit this rule amendment to the U.S. Environmental Protection Agency to replace the current rule that is in the Missouri State ImplementationPlan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural Resources’ Air Pollution Control Program at the address listed in the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri Department of Natural Resources’ Environmental Regulatory Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule provides procedures for reporting emission related information and establishing emission fees for the purpose of state air resource planning. The purpose of this amendment is to adda reference to applicable year(s) for set emission fees, clarify information required in emission reports, clarify types and frequency ofreports to be submitted for Emissions Inventory Questionnaire purposes, and remove definitions of terms now located in 10 CSR 10-6.020. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is 643.079, RSMo; a Rule Comment Form dated September 20, 2011, requesting rule language clarification; a rule comment file note dated October 21, 2011, requesting an update to a table term; and an email dated October 17, 2012, requesting that control device ID be included in recordkeeping requirements.

(2) Definitions.

[(A) Air emissions reporting rule—The U.S. EnvironmentalProtection Agency (EPA) rule that finalized changes to emission reporting requirements in 40 CFR Part 51 (Federal Register, December 18, 2008).

(B) Missouri Emissions Inventory System (MoEIS)—Online interface of the state of Missouri’s air emissions inventory database.

(C) Particulate matter (PM)—Any material or particle, except uncombined water, that exists in a finely divided form as a liquid or solid and as specifically defined as follows: 1. Condensable PM (PMcon)—Material that is vapor phase at stack conditions but which 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, if present from a source, is typically in the PM 2.5 size fraction and, therefore, all of it is a component of both primary PM 2.5 and primary PM 10 ;2. Filterable PM (PMfil)—Particles that are directly emitted by a source as a solid or liquid at stack or release conditions and captured on the filter of a stack test train. Filterable PM 2.5 is particulate matter with an aerodynamic diameter equal to or less than 2.5 micrometers. Filterable PM 10 is particulate matter with an aerodynamic diameter equal to or less than 10 micrometers; and3. Primary PM (PMpri)—The sum of condensable and filterable PM.

(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) 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.). 

### Page 596 Proposed Rules April 15, 2013 Vol. 38, No. 8(F) Small source—An installation subject to this rule but not a point source as defined in this section of the rule.

(G) Emissions report—A report that satisfies the provisions of this rule and is either a—1. Full emissions report—Contains all required data elements for current reporting year; or 2. Reduced reporting form—Represents data elements and emissions from the last full emissions report.]

[(H)] (A) Reportable pollutants—The regulated air pollutants at theprocess level required for emission inventory reporting as summarized in Table 1 of this rule.

[(I)] (B) Reporting threshold—Minimum amount of reportableemissions 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.

[(J)] (C) Definitions of certain terms specified 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 Fees.

1. Any installation subject to this rule, except sources that produce charcoal from wood, shall pay an annual emission fee of fortydollars and no cents ($40.00) per ton of applicable pollutant emissions identified in Table 2 of this rule for calendar years 2013, 2014, and 2015 in accordance with paragraphs (3)(A)2. through (3)(A)7. of this rule

.2. For full emissions reports, the fee is based on the information provided in the installation’s emissions report. For sources which qualify for and use the Reduced Reporting Form, the fee shall be based on the last full emissions report. 3. The fee shall apply to the first four thousand (4,000) tons of each air pollutant subject to fees as identified in Table 2 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 this rule which emitted less than one (1) ton of all pollutants subject to fees shall pay a fee for one (1) ton.4. An installation which 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. 5. The fee imposed in paragraph (3)(A)1. of this rule shall not apply to NH 3 , CO, PM 2.5 , or HAPs reported as PM 10 or VOC, as summarized in Table 2 of this rule. 6. Emission fees for the reporting year are due June 1 after each reporting year. The fees shall be payable to the Missouri Department 

### Page 597 April 15, 2013 Vol. 38, No. 8 Missouri Register



### TABLE 1. Reportable Pollutants with Reporting Thresholds

Process Level Re p ortable Pollutants Emission Unit Level Reporting Threshold Point Sources Small Sources Tons Pounds PM 10 

### fil PM 10 

### pri 0.438 876 PMcon PM 2.5 

### fil PM 2.5 

### pri 0.438 876 PMcon SO 2 

### 1 2000 NO x 

### 1 2000 VOC 0.438 876 CO 1 2000 Category One (1) HAP a 

### Category Two (2) HAP b 

### 0.01 a 

### 20 a 

### 0.1 b 

### 200 b


### NH 3 

### 0.438 876 Lead a 

### 0.01 a 

### 20 a

a 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, and Coke Oven Emissions. b 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 c hemicalsof Natural Resources.7. 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 emissionfees separately for air pollutants emitted under each individual permit.

(4) Reporting and Record Keeping. 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 3 of this rule. All data elements must be reported initially and onlychanged 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 3 of this rule. 

### Page 598 Proposed Rules April 15, 2013 Vol. 38, No. 8

TABLE 2. Pollutant Fee Applicability

Pollutants Subject to Fees Pollutants Not Sub j ect to Fees PM 10 pri PM 2.5 pri

SO 2 CO

NO x NH 3

VOC HAPs reported as PM 10 or VOC HAP

Lead(B) Types and Frequency of Reporting. The requirements in this subsection are summarized in Table 4 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; and 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. 

### Page 599 April 15, 2013 Vol. 38, No. 8 Missouri Register

TABLE 3. 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 [P] p ollutant 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)] (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 4 of this rule. Alternate methods of reporting the emissions, such as a spreadsheet file, can be submitted for approval by the director. 

### Page 600 Proposed Rules April 15, 2013 Vol. 38, No. 8

TABLE 4. Summary of Types and Frequency of Reporting

Emission Year

Installation classification 2011 2012 2013 2014 2015 2016 2017 Years Beyond 2017*

Part 70 Full Emissions

Report Full Emissions

Report Full Emissions

Report Full Emissions

Report Full Emissions

Report Full Emissions

Report Full Emissions

Report *

Intermediate Full Emissions

Report Reduced Reporting

Form(subparagraph (4)(B)2.B.) Reduced Reporting

Form(subparagraph (4)(B)2.B.) Full Emissions

Report Reduced Reporting

Form(subparagraph (4)(B)2.B.) Reduced Reporting

Form(subparagraph (4)(B)2.B.) Full Emissions

Report *

Small Source Reduced Reporting

Form(subparagraph (4)(B)2.C.) Reduced Reporting

Form(subparagraph (4)(B)2.C.) Reduced Reporting

Form(subparagraph (4)(B)2.C.) Reduced Reporting

Form(subparagraph (4)(B)2.C.) Reduced Reporting

Form(subparagraph (4)(B)2.C.) Reduced Reporting

Form(subparagraph (4)(B)2.C.) Reduced Reporting

Form(subparagraph (4)(B)2.C.) *

*Reporting requirements for years beyond 2017 are repeated in th ree (3)-year cycles. (e.g. requirements for years 2018, 2019, and 2020 are the same as years 2012, 2013, and 2014 respectively)

[TABLE 4. Reporting Frequency

Installation Classification Frequency of Full Emissions Report Frequency of Reduced Reporting Form Any installation required to obtain a Part 70 permit under 10 CSR 10- 6.065. Annually. Not Applicable.

Any installation with an intermediate operating permit. Once every three (3) years beginning with reporting year 2011, with subsequent years of 2014, 2017,2020, etc., and when installationwide emissions subject to fees increase or decrease by five (5) tons or more since the last full emissions report. When installation-wide emissions subject to fees in crease or decrease less than five (5) tons compared to the last full emissions report.

Small sources, as defined in subsection (2)(F) of this rule. When installation-wide emissions subject to fees in crease or decrease by five (5) tons or more since the last full emissions report. When installation-wide emissions subject to fees increase or decrease less than five (5) tons compared to the last full emissions report.][(C)] 2. An installation not required to submit a full emissions report is required to submit a Reduced Reporting Form, which is due April 1 after each reporting year. [(D)] 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.

[(E) For small sources, the first full emissions report is for the first full calendar year of operation in order to obtain a representative annual emissions total.

(F) For point sources, the initial full emissions report will be required for the first partial year of operation.

(G) For holders of intermediate permits and small sources as defined in this rule, a construction permit action issued under 10 CSR 10-6.060 section (5) or (6) requires a full emissions report for the first full calendar year the affected permitted equipment operates.] [(H)] 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. [(I)] 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. [(J)] 6. If an installation is out of business, the final emissions report required will be for the full or partial year the installation wentout of business. Notice of such status must be provided to the director in writing by the emissions report due date of April 1. [(K)] 7. After the effective date of this rule, any revision to the department-supplied EIQ forms will be presented to the regulated community for a forty-five (45)-day comment period.

AUTHORITY: section 643.050, RSMo [2000] Supp. 2012 . Originalrule filed June 13, 1984, effective Nov. 12, 1984. For intervening history, please consult the Code of State Regulations . Amended: Filed March 13, 2013.

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

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

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin at 9:00 a.m., May 30, 2013. The public hearing will be held at the Elm Street Conference Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri.Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit a written or email statement of their views until 5:00 p.m., June 6, 2013. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102-0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

PROPOSED RESCISSION

10 CSR 10-6.345 Control of NO
x Emissions From Upwind Sources . This rule protected air quality in the St. Louis area by addressing nitrogen oxides (NO
x ) sources proposed for construction outside and upwind of the St. Louis nonattainment area. This rule is proposed for rescission because it has expired on December 30, 2011. If the commission adopts this rule action, it will be the department’s intention not to submit this rule rescission to the U.S. Environmental Protection Agency because the rule was not written as a permanent requirement and the rule has never been approved as part of the Missouri State Implementation Plan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural Resources’ Air Pollution Control Program at the address listed in the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri Department of Natural Resources’ Environmental Regulatory Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule protected air quality in the St. Louis area by addressing nitrogen oxides (NO x ) sources proposed for construction outside and upwind of the St. Louis nonattainment area. This rule is proposed for rescission because it has expired. Subsection (1)(C) states this rule expires five (5) years from the December 30, 2006, effective date. The five (5)-year period ended on December 30, 2011. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is the expiration requirement in subsection (1)(C) of this rule.

AUTHORITY: section 643.050, RSMo 2000. Original rule filed May 4, 2006, effective Dec. 30, 2006. Rescinded: Filed March 13, 2013

. PUBLIC COST: This proposed rescission will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

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

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed rescission will begin at 9:00 a.m., May 30, 2013. The public hearing will be held at the Elm Street Conference Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri.Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit a written or email statement of their views until 5:00 p.m., June 6, 2013. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102-0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

PROPOSED AMENDMENT

10 CSR 10-6.390 Control of NO
x Emissions From Large Stationary Internal Combustion Engines . The commission proposes to amend the purpose, section (2), and subsections (3)(E) and (3)(F). If the commission adopts this rule action, it will be the department’s intention to submit this rule amendment to the U.S. Environmental Protection Agency to replace the current rule that is in the Missouri State Implementation Plan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural Resources’ Air Pollution Control Program at the address listed in the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the 

### Page 601 April 15, 2013 Vol. 38, No. 8 Missouri RegisterSeptember 3, 2013 Vol. 38, No. 17

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation Commission under section 643.050, RSMo Supp. 2012, the commission amends a rule as follows:

10 CSR 10-6.110 is amended.

A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on April 15, 2013 (38 MoReg 596–601). Those sections with changes are reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

. SUMMARY OF COMMENTS: The Missouri Department of Natural Resources’ Air Pollution Control Program received one (1) comment on this rulemaking.

COMMENT #1: The department’s Air Pollution Control Program staff commented that the term --full emissions report-- should have been capitalized for rule clarity to read --Full Emissions Report-- when the proposed rulemaking was published in the Missouri Register. The proposed rulemaking as published in the Missouri Register on April 12, 2013 does not show all usages of the term capitalized. RESPONSE AND EXPLANATION OF CHANGE: For rule clarity, rule text in subsection (2)(B) and paragraphs (3)(A)2., (4)(C)1., (4)(C)2., and (4)(C)3. have been revised to show capitalization of the term --Full Emissions Report--.

10 CSR 10-6.110 Reporting Emission Data, Emission Fees, and Process Information

(2) Definitions.

(B) Reporting threshold—Minimum amount of reportable emissions at the emission unit level that requires reporting as summarizedin Table 1 of this rule. Emissions below this amount may be designated as insignificant on the Full Emissions Report.

(3) General Provisions.

(A) Emission Fees.

1. Any installation subject to this rule, except sources that produce charcoal from wood, shall pay an annual emission fee of fortydollars and no cents ($40.00) per ton of applicable pollutant emissions identified in Table 2 of this rule for calendar years 2013, 2014, and 2015 in accordance with paragraphs (3)(A)2. through (3)(A)7. of this rule.2. For Full Emissions Reports, the fee is based on the information provided in the installation’s emissions report. For sources which qualify for and use the Reduced Reporting Form, the fee shall be based on the last Full Emissions Report. 3. The fee shall apply to the first four thousand (4,000) tons of each air pollutant subject to fees as identified in Table 2 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 this rule which emitted less than one (1) ton of all pollutants subject to fees shall pay a fee for one (1) ton.4. An installation which 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. 5. The fee imposed in paragraph (3)(A)1. of this rule shall not apply to NH 3 , CO, PM 2.5 , or HAPs reported as PM 10 or VOC, as
summarized in Table 2 of this rule. 6. 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.7. 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 emissionfees separately for air pollutants emitted under each individual permit.

(4) Reporting and Record Keeping. 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.

(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 4 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 not required to 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 31of 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. 7. After the effective date of this rule, any revision to the department-supplied EIQ forms will be presented to the regulated community for a forty-five (45)-day comment period. 

### Page 1428 Orders of Rulemaking

TABLE 2. Pollutant Fee Applicability

Pollutants Subject to Fees Pollutants Not Sub j ect to Fees PM 10 pri PM 2.5 pri

SO 2 CO

NO x NH 3

VOC HAPs reported as PM 10 or VOC HAP

Lead

### 10 CSR 10-6.110

1 **10 CSR 10-6.110 Reporting & Emission Data, Emission Fees, and Process Information** 

(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) Air emissions reporting rule-The U.S. Environmental Protection Agency (EPA) rule that finalized changes to emission reporting requirements in 40 CPR Part 51 (Federal Register, December 18, 2008).

(B) Missouri Emissions Inventory System (MoEIS)-Online interface of the state of Missouri's air emissions inventory database.

(C) Particulate matter (PM)-Any material or particle, except uncombined water, that exists in a finely divided form as a liquid or solid and as specifically defined as follows:

1. Condensable PM (PMcon)-Material that is vapor phase at stack conditions but which 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, if present from a source, is typically in the
PM 2.5 

### size fraction and, therefore, all of it is a component of both primary PM 2.5 

### and primary PM 10 

### ;

2. Filterable PM (PMfil)-Particles that are directly emitted by a source as a solid or liquid at stack or release conditions and captured on the filter of a stack test train. Filterable PM 2.5 

### is particulate matter with an aerodynamic diameter equal to or less than 2.5 micrometers. Filterable PM 10 

### is particulate matter with an aerodynamic diameter equal to or less than 10 micrometers; and

### 10 CSR 10-6.110

2 3. Primary PM (PMpri)-The sum of condensable and filterable PM.

(D) Point source-Large, stationary (non-mobile), 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 CPR part 70 for the pollutants for which reporting is required; or

2. A holder of an intermediate operating permit.

(E) Reporting year-Twelve (l2)-month calendar year coding 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.).

(F) Small source-An installation subject to this rule but not a point source as defined in this section of the rule.

(G) Emissions report-A report that satisfies the provisions of this rule and is either a-

1. Full emissions report-Contains all required data elements for current reporting year; or

2. Reduced reporting form-Represents data elements and emissions from the last full emissions report. **]**

**[** (H) **](A)** Reportable pollutants-The regulated air pollutants at the process level required for emission inventory reporting as summarized in Table 1 of this rule.

**[** (I) **](B)** 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 **[** f **]F** ull **[** e **]E** missions **[** r **]R** eport.

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

TABLE 1. Reportable Pollutants with Reporting Threshold.

### 10 CSR 10-6.110

3 **Process Level Reportable Pollutants**  **E mission Unit Level**  **Reporting Threshold**

**Point Sources S**  **mall Sources Tons Pounds** 

PM 10 fil PM 10 pri 0.438 876
PMcon
PM 2.5 fil PM 2.5 pri 0.438 876
PMcon
SO 2 1 2000
NO x 1 2000 VOC 0.438 876 CO 1 2000 Category One (1) HAP a Category Two (2) HAP b 0.01 a 20 a
0.1 b 200 b

NH 3 0.438 876 Lead a 0.01 a 20 a

a 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, and Coke Oven Emissions.

b 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) Emission Fees. 1. Any installation subject to this rule, except sources that produce charcoal from wood, shall pay an annual emission fee of forty dollars and no cents ($40.00) per ton of applicable pollutant emissions identified in Table 2 of this rule **for calendar years 2013, 2014, and 2015 in accordance with paragraphs (3)(A)2. through (3)(A)7. of this rule** 

.

2. For **[** f **]F** ull **[** e **]E** missions **[** r **]R** eports, the fee is based on the information provided in the installation's emissions report. For sources which qualify for and use the Reduced Reporting Form, the fee shall be based on the last **[** f **]F** ull **[** e **]E** missions **[** r **]R** eport.

3. The fee shall apply to the first four thousand (4,000) tons of each air pollutant subject to fees as identified in Table 2 of this rule. No installation shall be required to pay fees on total emissions in excess of twelve thousand (12,000) tons fur any reporting year. An installation subject to this rule which emitted less than one (1) ton of all pollutants subject to fees shall pay a fee for one (1) ton.

### 10 CSR 10-6.110

4 4. An installation which 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.

5. The fee imposed in paragraph (3)(A)1. of this rule shall not apply to NH 3 

### , CO, PM 2.5 

### , or HAPs reported as PM 10 

### or VOC, as summarized in Table 2 of this rule.

6. 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.

7. 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.

TABLE 2. Pollutant Fee Applicability

**Pollutants Subject to** 
**Fees P**  **ollu t**  **ants Not Subject to Fees** 

PM 10 pri PM 2 .5 pri
SO 2 CO
NO x NH 3 VOC HAPs reported
as PM 1 0 or VOC
HAP Lead



### (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 this rule;

### 10 CSR 10-6.110

5 C. Material/mass balance;

D. AP42 (Environmental Protection Agency (EPA) Compilation of Air Pollution Emission Factors) or FIRE (Factor Information and Retrieval System) (as Updated);

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 for 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

### 10 CSR 10-6.110

6 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 emissions.

(II) Stack tests must be conducted according to the methods cited in 10 CSR l0-6.030, 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. Thisthirty (3O)-day notification may be reduced or waived on a caseby-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 emission reports and supporting documentation as the director deems necessary. A minimum seven (7)-day notice must be provided

### 10 CSR 10-6.110

7 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 CPR 52.21 for which an adjustment of fee is required to all years of emission data changed up to a maximum of ten (10) years. 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 Record Keeping. 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)

### 10 CSR 10-6.110

8 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 3 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 3 of this rule.

TABLE 3. 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 **[** P **]p** ollutant 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 **a nd ID**  33. Emission release point type 34. Maximum Hourly Design Rate (MHDR)

### 10 CSR 10-6.110

9 **(B) Types and Frequency of Reporting. The requirements in this subsection are summarized in Table 4 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.)**

**(I) Any change in installation-side 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; and** 

**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.** 

### 10 CSR 10-6.110

10 **Emission Year**

**Installation classification**  **2011 2012**  **2013 2014**  **2015 2016**  **2017 Years** 
**B eyond**  **2017***

**Part 70 Full**  **Emissions**

**Report Full**  **Emissions**

**Report Full**  **Emissions**

**Report Full**  **Emissions**

**Report Full**  **Emissions**

**Report Full**  **Emissions**

**Report Full**  **Emissions**

**Report** *****

**Intermediate Full**  **Emissions**

**Report Reduced**  **Reporting**
**Form (**  subparagraph (4)(B)2.B.) **Reduced Reporting** 
**Form (**  subparagraph (4)(B)2.B.) **Full Emissions** 

**Report Reduced**  **Reporting**
**Form (**  subparagraph (4)(B)2.B.) **Reduced Reporting** 
**Form (**  subparagraph (4)(B)2.B.) **Full Emissions** 

**Report** *****

**Small Source Reduced**  **Reporting**
**Form (**  subparagraph (4)(B)2.C.) **Reduced Reporting** 
**Form (**  subparagraph (4)(B)2.C.) **Reduced Reporting** 
**Form (**  subparagraph (4)(B)2.C.) **Reduced Reporting** 
**Form (**  subparagraph (4)(B)2.C.) **Reduced Reporting** 
**Form (**  subparagraph (4)(B)2.C.) **Reduced Reporting** 
**Form (**  subparagraph (4)(B)2.C.) **Reduced Reporting** 
**Form (**  subparagraph (4)(B)2.C.) *****

*** Reporting requirements for years beyond 2017 are repeated in three (3)-year cycles. (e.g. requirements for years 2018, 2019, and 2020 are the same as years 2012, 2013, and 2014**  **respectively)**



### [ (B) **](C) Submittal Requirements.**  **1.** The **[** f **]F** ull **[** e **]E** missions **[** r **]R** eport shall be submitted either electronically via MoEIS, which requires Form 1.0 signed by an authorized company representative, or an Emissions Inventory Questionnaire (EIQ) paper forms on the frequency specified in Table 4 of this rule. Alternate methods of reporting the emissions, such as a spreadsheet file, can be submitted for approval by the director.

**[** TABLE 4. Reporting Frequency

**Installation Classification Frequency of Full Emissions**  **Report F**  **requency of Reporting**
**Form** Any installation required to obtain a Part 70 permit under 10 CSR 10-6.065. Annually. Not Applicable.

Any installation with an intermediate operating permit. Once every three (3) years beginning with reporting year 2011, with subsequent years of 2014, 2017, 2020, etc., and when installation- w ide emissions subject to fees increase or decrease by five (5) tons or more since the last full emissions report. When installation-wide emissions subject to fees increase or decrease by five (5) tons compared to the last full emissions report.

Small sources, as defined in subsection (2)(F) of this rule. When installation-wide emissions subject to fees increase or decrease by five (5) tons or more since the last full emissions report. When installation-wide emissions subject to fees increase or decrease by five (5) tons compared to the last full emissions report. **]**

### 10 CSR 10-6.110

11 **[** (C) **]2.** An installation not required to submit a **[** f **]F** ull **[** e **]E** missions **[** r **]R** eport is required to submit a Reduced Reporting Form, which is due April 1 after each reporting year.

**[** (D) **] 3.**  The **[** f **]F** ull **[** e **]E** missions **[** r **]R** eport is due April 1 after each reporting year. If the **[** f **]F** ull **[** e **]E** missions **[** r **]R** eport is filed electronically via MoEIS, this due date is extended to May 1.

**[** (E) For small sources, the first full emissions report is for the first full calendar year of operation in order to obtain a representative annual emissions total.

(F) For point sources, the initial full emissions report will be required for the first partial year of operation.

(G) For holders of intermediate permits and small sources as defined in this rule, a construction permit action issued under 10 CSR 10-6.060 section (5) or (6) requires a full emissions report for the first full calendar year the affected permitted equipment operates. **]**

**[** (H) **]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. **[** (I) **]5.** If there is no production from an installation in a reporting year, no emission fees are due fur that year but notice of such status must be provided to the director in writing by the emissions report due date of April 1.

**[** (J) **]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.

**[** (K) **]7.** After the effective date of this rule, any revision to the department-supplied EIQ forms will be presented to the regulated community for a forty-five (45)-day comment period.

(5) Test Methods. (Not Applicable)