### MAR 1 9 

## 2013 Mr. Karl Brooks Regional Administrator U.S. EPA, Region VII II20I Renner Boulevard Lenexa, KS 662I9 Dear Mr. Brooks: Jeremiah W. Uay) Nixon, Governor • Sara Parker Pauley, Director 

# T OF NATURAL RESOURCES
www.dnr.mo.gov 

### REC'II 

## MAR 2 

## 7 ?ni, 

### AP CL

On August 3I , 20 I2 , the Missouri Department ofNatural Resources' Air Pollution Control Program submitted a reqy_e.st..for..the EPA to include an amendment to state regulation I0 CSR I0-6.060,

### Construction**red ,**  in the Missouri State Implementation Plan (SIP). This rule amendment deferred for a period ofthree years the application ofthe Prevention of Significant Deterioration permitting requirements to carbon dioxide emissions from bioenergy and other biogenic stationary sources. The amendment also finalized rule language on New Source Review provisions related to fine particulate matter (PM2

.s) that represent the final elements to implement a PM2

_ 5 Prevention of Significant Deterioration program. That action established maximum allowable increases in ambient pollutant concentrations ofincrements, and two screening tools known as Significant Impact Levels (SILs) and a Significant Monitoring Concentration (SMC) for PM2_5• On January 22, 20I3, the U.S. Court ofAppeals for the District of Columbia, in Sierra Club v. EPA, 705 F.3d 458, vacated and remanded the provisions at 40 C.F.R. 5l.I66(k)(2) and 52.2I(k)(2) (conceming implementation ofthe PM2

_ 5 SILs) and vacated the provisions at 40 C.F.R. 5l.I66(i)(5)(i)(c) and 52.2I(i)(5)(i)(c) (adding the PM2

.s SMC) that were promulgated as part uf the 20 I0 PM2.s PSD Rult:, "Prt:vt:nlion of**Signifi~.:ant** Dt:terioratiun (PSD) for Particulate Matter less than 2.5 Micrometers (PM2

.s)

- Increments , Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC) , ' 75 FR 64864 (October 20, 20 I0). Consistent with the court decision, the department's Air Pollution Control Program is amending its request that the EPA approve the August 3I, 20 I2 submittal in order to clarify that the submittal is no longer intended to include the PM2

_ 5 SILs and SMC provisions. The department's Air Pollution Control Program asks that the EPA only approve the increments and biogenic deferral portions ofour submittal. Although the department's Air Pollution Control Program does not consider the SIP submittal to include the PM2

.s SILs and SMC provisions , the provisions still appear in the state regulations until amended by future action. In light ofthe court decision, the department's Air Pollution Control Program confirms that it will not apply either the PM2

_ 5 SILs provisions at 40


### 0 Rccych.'CII 1apt:rMr. Karl Brooks Page Two
C.F.R.51.166(k)(2) and 52.21(k)(2) or the PM2.5 SMC provisions at 40 C.F.R. 51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c) to pending or future PSD permit actions. Thank you for your attention to this matter. Ifyou have any questions regarding this supplemental submittal infom1ation, please contact me at the department's Air Pollution Control Program, P.O. Box 176, Jefferson City, MO 65102, or by phone at (573) 751-4817. Sincerely, AIR POLLUTION CONTROL PROGRAM

# ~CL;z:' Kyra L. Moore Director KLM:wgc