MAR 1 9 2013 

Mr. Karl Brooks 

Regional Administrator 

U.S. EPA, Region VII 

II20 I 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, 

APCL 

On August 3I, 20 I2, the Missouri Department of Natural Resources' Air Pollution Control 

Program submitted a reqy_e.st..for..the EPA to include an amendment to state regulation I 0 CSR 

I 0-6.060, Construction red , in the Missouri State Implementation Plan (SIP). 

This rule amendment deferred for a period of three years the application of the 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 of increments, 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 of Appeals 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 of the 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 I 0 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 I 0). 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 

of our 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 of the 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.'CII1

apt:r 
Mr. 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. If you 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