Jeremiah W Oay) Nixon, Governor. Sara Parker Pauley, Direcwr STATE Of MISS0URI 

DiEPARTMENT OF NATURAL RESOURCES I 

/ \Vww.dnLmo.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 ofNatural 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 ofNatural 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 

KLM:abc 

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 Commission 
in 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 Alternate

Emission 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 director

will 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 shall

include 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 limit

would 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 to

the 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 emission

limit would occur as follows: local air pollution control agencies, the chief executives of

the 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 specified

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 it

available at the locations referred to previously; and 

5. 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) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
JASON KANDER (9/30/13) CODE OF STATE REGULATIONS 97

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 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 NH3,

CO, PM2.5, or HAPs reported as PM10 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.

(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;

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 any

such method to estimate emissions in the submission of an emissions report.

TABLE 1. Reportable Pollutants with Reporting Thresholds 

 

Process Level Reportable Pollutants 

 Emission Unit Level Reporting 

Threshold 

Point Sources Small Sources Tons Pounds 

PM10 fil PM10 pri 0.438 876 

PMcon 

PM2.5 fil PM2.5 pri 0.438 876 

 PMcon 

SO2 1 2000 

NOx 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

NH3 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.

TABLE 2. Pollutant Fee Applicability 

Pollutants Subject 

to Fees 

Pollutants Not 

Subject to Fees 

PM10 pri PM2.5 pri 

SO2 CO 

NOx NH3

VOC HAPs reported as 

PM10 or VOC 

HAP 

Lead 
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

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 review

and approval by the director or local air pollution control authority on a case-by-case

basis; and

C. Other EPA documents may be used

to estimate emissions if the emission factors

are more appropriate or source specific than

AP-42 or FIRE. Newly developed EPA emission factors must be published by December

31 of the year for which the facility is submitting an emissions report.

(C) Emission Data and Fee Auditing and

Adjustment.

1. The department may conduct detailed

audits of emissions reports and supporting

documentation as the director deems necessary. A minimum seven (7)-day notice must

be provided to the installation to prepare documentation if this audit is done on-site.

2. The department may make emission

fee adjustments when any of the following

applies—

A. Clerical or arithmetic errors have

been made; 

B. Submitted documentation is not

supported by inspections or audits;

C. Emissions estimates are modified

as a result of emission verification or audits; 

D. Credit has been incorrectly

applied for an emissions fee paid to a local

air pollution control agency; or 

E. Emission estimation calculation

varies from the methods described in subsection (3)(B) of this rule. 

3. The department is not limited by subparagraphs (3)(C)2.A.–E. of this rule in

making emission fee adjustments.

4. Adjustments to data and fees will be

subject to a three (3)-year statute of limitations unless it is—

A. Due to a willful failure to report

emissions or fraudulent representation for

which there shall be no statute of limitations;

or

B. Adjustment of emissions is based

on a permitting action under 40 CFR 52.21

for which an adjustment of fees is required to

all years of emission data changed up to a

maximum of ten (10) years. 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)

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.

98 CODE OF STATE REGULATIONS (9/30/13) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
JASON KANDER (9/30/13) CODE OF STATE REGULATIONS 99

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. 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.

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 EIQ

forms 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 Emissions

of 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 Lead

Emissions Control Equipment and Procedures. The owner or operator of any specific lead smelter shall operate and maintain

all lead emissions control equipment and perform all procedures as required by this rule.

100 CODE OF STATE REGULATIONS (9/30/13) JASON KANDER

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. 

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

.....,.,-L _-f-..=~ ....., -<-c. ~~~___ --- ________ ------- _, Vice Chairman 

_________________________ , 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 the end of the proposed 

rulemaking under the Notice of Public Hearing and Notice to Submit Comments heading. To submit 

comments electronically, use the links below the rule or to submit written comments see the address 

below.

10 CSR 10-6.060 (amendment) Construction Permits Required

This proposed amendment will incorporate by reference the U.S. Environmental Protection Agency's 

(EPA's) revisions to plantwide applicability limitations (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 documents 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 matter as a surrogate for fine particulate matter during the transition 

to PM2.5 permitting. This administrative change which will update 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 testing, 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 that the brewery sulfur 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 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 10-6.345 (rescission) Control of NOx Emissions From Upwind Sources 

Rulemakings on Public Notice - DNR Page 1 of 3

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 4/16/2013
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 ended 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 Matter 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 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 10-6.110 (amendment) Reporting Emission Data, Emission Fees, and Process Information

This proposed 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 rulemaking also proposes 

to better reflect information required in emission reports and clarifies the types and frequency of reports

to be submitted to the department’s Air Pollution Control Program for 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 amendment 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.

Rulemakings on Public Notice - DNR Page 2 of 3

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 4/16/2013
1

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 email bulletin sent by Cheri Bechtel.

This bulletin was sent to the following groups of people:

Subscribers of Air Public Notices (450 recipients) 

Having trouble viewing this email? View it as a Web page.

Below is a notice for items being presented for public hearing at the May 30, 2013 Missouri Air Conservation 

Commission meeting. If you have any questions, please contact Wendy Vit with the Air Pollution Control 

Program at (573) 526-3167 or wendy.vit@dnr.mo.gov. 

 

MISSOURI AIR CONSERVATION COMMISSION 

WILL HOLD PUBLIC HEARING 

JEFFERSON CITY, MO -- The Missouri Air Conservation Commission will hold a public hearing on 

Thursday, May 30, 2013 beginning at 9 a.m. at the Elm Street Conference Center, 1730 East Elm Street, 

Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri. The commission will hear 

testimony related to the following proposed action(s): 

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

 

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

 

* 10 CSR 10-6.345 (rescission) Control of NOx Emissions From Upwind Sources 

 

The above rule action will not be submitted for inclusion 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) Restriction of Emission of Particulate Matter From Industrial 

Processes 

 

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

The above rule action will be submitted for inclusion in the Missouri State Implementation Plan and 

the Missouri Title V program. 
2

 

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

Combustion Engines 

 

* Missouri State Implementation Plan – Section 110 Infrastructure Requirements for the 2008 Ozone 

National Ambient Air Quality Standard 

 

* Missouri State Implementation Plan – Section 110 Infrastructure Requirements for the 2010 Sulfur 

Dioxide (SO2) National Ambient Air Quality Standard 

 

If the Commission adopts the action(s), it will be the Department’s intention to submit the action(s) to the 

U.S. Environmental Protection Agency to be included in Missouri’s State Implementation Plan unless 

otherwise noted above. 

 

Documents for the above item(s) will be available for review at the Missouri Department of Natural 

Resources, Air Pollution Control Program, 1659 Elm Street, Jefferson City, (573) 751-4817 and in the Public 

Notices section of the program web site http://dnr.mo.gov/env/apcp/public-notices.htm. This information will 

be available at least 30 days prior 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 hearing testimony will be equally considered. 

 

Citizens wishing to speak at the public hearing should notify the secretary to the Missouri Air Conservation 

Commission, Missouri Department of Natural Resources, 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 presentations also provide a written 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 directly at (573) 751-4817, the Division 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 Commission Secretary, P.O. Box 176, Jefferson City, MO 65102. 

Hearing impaired persons may contact the program through Relay Missouri, (800) 735-2966. 

You are subscribed to the Air Public Notices topic for Missouri DNR. This information has recently been 

updated, and is now available at the link below. Thank you for your interest in the Air Public Notices. 

 

Update your subscriptions, modify your password or email address, or stop subscriptions at any time on your 

Subscriber Preferences Page. You will need to use your email address to log in. If you have questions or 

problems with the subscription service, please contact support@govdelivery.com. 

This service is provided to you at no charge by Missouri DNR. 
 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

25
 Public 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 Emissions

7 from Upwind Sources

8 10 CSR 10-6.400 (amendment) Restriction of Emission 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 Emissions

from Large Stationary Internal Combustion Engines

12

Missouri State Implementation Plan - Section 110

13 Infrastructure Requirements:

14 2008 Ozone National Ambient Air Quality Standard

 2010 SO2 National Ambient Air Quality Standard

15

16

17

18

19

20

21

22

23

24

25
 Public 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 commissioners

6 are present: Jack Baker, Mark Garnett, Gary

7 Pendergrass, and David Zimmerman. The Air

8 Conservation Commission of the State of Missouri has

9 called this public hearing pursuant to Section

10 643.070, Revised Statutes of Missouri; EPA promulgated

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 Stationary

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 Quality

25 Standard, 2010 SO2 National Ambient Air Quality
 Public 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 will

2 help clarify how sources must demonstrate compliance

3 with the limits in 10 CSR 10-6.400.

4 In addition, this rulemaking will clarify

5 that this rule limits filterable particulate matter

6 only. This rulemaking will also remove definitions

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 action,

10 it will be the Department's intention to submit this

11 rule amendment to the U.S. Environmental Protection

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, emission

16 fees, and process information. Mr. Basham.

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

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

19 with the Missouri Department of Natural Resources' Air

20 Pollution Control Program. I work at 1659 East Elm

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

22 present testimony for the proposed amendment to 10 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 of

the 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; and 

5. The permitting authority may require monitoring of visibility in any Class I area (those designated in paragraph (12)(I)3. of this

rule) 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) Plan

disapproval, (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 65107 promulgated 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. Original

rule 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 rulemakings.

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 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 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 add

a reference to applicable year(s) for set emission fees, clarify information required in emission reports, clarify types and frequency of

reports 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. Environmental

Protection 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 PM2.5 size fraction and, therefore,

all of it is a component of both primary PM2.5 and primary

PM10;

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 PM2.5 is particulate matter with an aerodynamic

diameter equal to or less than 2.5 micrometers. Filterable

PM10 is particulate matter with an aerodynamic diameter

equal to or less than 10 micrometers; and

3. 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 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 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 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 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 NH3, CO, PM2.5, or HAPs reported as PM10 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 Reportable Pollutants 

 Emission Unit Level Reporting 

Threshold 

Point Sources Small Sources Tons Pounds 

PM10 fil PM10 pri 0.438 876 

PMcon 

PM2.5 fil PM2.5 pri 0.438 876 

 PMcon 

SO2 1 2000 

NOx 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

NH3 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
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.

(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 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. 

Page 598 Proposed Rules

April 15, 2013

Vol. 38, No. 8

TABLE 2. Pollutant Fee Applicability 

Pollutants Subject 

to Fees 

Pollutants Not 

Subject to Fees 

PM10 pri PM2.5 pri 

SO2 CO 

NOx NH3

VOC HAPs reported as 

PM10 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]pollutant 

15. Activity level/throughput 

16. Annual emissions 

17. Emission factor, with method 

18. Winter throughput (percent) 

19. Spring throughput (percent) 

20. Summer throughput (percent) 

21. Fall throughput (percent) 

22. Hr/day in operation 

23. Days/wk in operation 

24. Wks/yr in operation 

25. Stack height 

26. Stack diameter 

27. Exit gas temperature 

28. Exit gas velocity 

29. Exit gas flow rate 

30. Capture efficiency (percent) 

31. Control efficiency (percent) 

32. Control device type and ID 

33. Emission release point type 

34. Maximum Hourly Design Rate (MHDR) 
[(B)](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 three (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 increase 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 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 

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 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.

AUTHORITY: section 643.050, RSMo [2000] Supp. 2012. Original

rule 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 NOx Emissions From Upwind

Sources. This rule protected air quality in the St. Louis area by

addressing nitrogen oxides (NOx) 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 (NOx) 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 NOx 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 Register
September 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 summarized

in 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 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 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 NH3, CO, PM2.5, or HAPs reported as PM10 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.

(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 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 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 

Subject to Fees 

PM10 pri PM2.5 pri 

SO2 CO 

NOx NH3

VOC HAPs reported as 

PM10 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 

PM2.5 size fraction and, therefore, all of it is a component of 

both primary PM2.5 and primary PM10; 

 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 PM2.5 is particulate matter with an aerodynamic 

diameter equal to or less than 2.5 micrometers. Filterable PM10 

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]Full [e]Emissions 

[r]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. 

TABLE 1. Reportable Pollutants with Reporting Threshold. 
10 CSR 10-6.110

3 

Process Level Reportable 

Pollutants 

Emission Unit Level 

Reporting Threshold 

Point Sources 

Small 

Sources Tons Pounds 

PM10 fil PM10 pri 0.438 876 

PMcon 

PM2.5 fil PM2.5 pri 0.438 876 

PMcon 

SO2 1 2000 

NOx 1 2000 

VOC 0.438 876 

CO 1 2000 

Category One (1) HAPa

Category Two (2) HAPb

0.01a

 20a

0.1b 200b

NH3 0.438 876 

Leada 0.01a 20a

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]Full [e]Emissions [r]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 

[f]Full [e]Emissions [r]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 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 NH3, CO, PM2.5, or HAPs reported as PM10

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 

Pollutants Not 

Subject to Fees

PM10pri PM2.5 pri 

SO2 CO 

NOx NH3

VOC HAPs reported 

as PM10 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. This 

thirty (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]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) 
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 

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) 

[(B)](C) Submittal Requirements. 

 1. The [f]Full [e]Emissions [r]Report 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 

Frequency 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-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. 

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]Full 

[e]Emissions [r]Report is required to submit a Reduced Reporting 

Form, which is due April 1 after each reporting year. 

[(D)] 3. The [f]Full [e]Emissions [r]Report is due 

April 1 after each reporting year. If the [f]Full [e]Emissions 

[r]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 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)