THIS FORM WAS GENERATED BY THE eSIPS SYSTEM

1

eSIPS (electronic State Implementation Plan Submission) Summary Report

Note: This report is a summary of your submission to the electronic SIP (eSIPS) system and is not to be used as the official

record for your SIP submission.

Date of Report 04/06/2016 8:08:18

Form Status Complete

eSIP SUBMISSION INFORMATION

Submission Title MO_PermitFeeRules_04052016

Pollutants Affected Generally applicable to all/many criteria pollutants and/or non

pollutant-specific rules/plans

(e.g., definitions, general conformity, permit rules, etc.)

Submittal Category/Categories OTHER - Submission category not listed

Other Submittal Category

Submittal Category Description

Geographic Area Affected Statewide

Are you requesting parallel processing for this SIP

Revision?

No

eSIP PARALLEL PROCESSING

Not applicable

eSIP ADMINISTRATIVE EVIDENCE COMPLETENESS

CHECKLIST

 1. Submittal letter from Governor or designee requesting approval of the plan or revision.

 2. Evidence of adoption.

Date adopted 11/17/2015

Date effective 3/30/2016

 3. Evidence of legal authority to adopt and implement revision.

 3(a). Copy of final adopted plan and/or rule.

 3(b). Indication of changes to existing plan and/or rule if applicable.

 4. Evidence that state followed procedural requirements for adoption/issuance of plan.

 4(a). Evidence of public notice.

Date Public Notice Provided 9/29/2015

5. Was a public hearing requested and/or held? Yes
THIS FORM WAS GENERATED BY THE eSIPS SYSTEM

2

5(a). Date of first public hearing. 10/29/2015

Date of second public hearing

Date of third public hearing

 5(b). Evidence that public hearing was held.

6. Were public comments received? Yes

 6(a). Compilation of public comments and state responses or declaration that no comments were received.

eSIP ADMINISTRATIVE EVIDENCE – SUPPORTING

DOCUMENTATION

Attachment File Description

Complete EPA Submittal-6.060, 6.065.pdf

Additional Information regarding this submittal:

Please enter any additional information regarding this

submittal.

eSIP TECHNICAL SUPPORT DOCUMENT INFORMATION – AS

APPLICABLE

Are there Technical Support Documents included in this

submittal?

No

The Technical Support Document should contain the following (if applicable):

 List of Pollutants affected by plan

 Location of sources affected by plan

 Quantification of allowable emissions

 Demonstrate change meets NAAQS, PSD, RFP and/or visibility requirements

 Modeling information supporting the revision

 Evidence reductions are based on continuous emissions reduction technology

 Emission limits, work practices, record keeping, etc.

 Compliance with enforcement strategies

 Special economic and technological justifications per applicable EPA policies

 Other

Please describe all other Technical Support

Documents
THIS FORM WAS GENERATED BY THE eSIPS SYSTEM

3

eSIP TECHNICAL SUPPORT – ADDITIONAL

DOCUMENTATION

Attachment File Description

This SIP submission includes additional documentation

(e.g., large modeling files) that is not submitted through

this electronic system?

No

This information will be provided to EPA via:
Jeremiah W. Gay) N ixon, Governor • Sara Parker Pauley, Direcror 

T OF NATURAL RESOURCES 


www.dnr.rno.gov 

APR 5 2016 

Mr. Mark Hague 

Acting Regional Administrator 

U.S. EPA, Region VII 

11201 Renner Boulevard 

Lenexa, KS 66219 

Dear Mr. Hague: 

The Missouri Department ofNatural Resources requests that the U.S. Environmental Protection 

Agency (EPA) amend the Missouri State Implementation Plan (SIP) to replace the current rules 

in the SIP except for section (4) of 10 CSR 10-6.065, Operating Permits, which is not included in 

the SIP. At the same time, the Missouri Department ofNatural Resources requests that EPA 

amend the Missouri Title V program to include revisions made to sections (6) and (7) of 10 CSR 

10-6.065, Operating Permits, and include any revisions necessary to retain 112(1) approval under 

the Clean Air Act. 

10 CSR 10-6.060 Construction Permits Required 

This amendment changes the construction permit fee structure pursuant to 643.079.10, RSMo. 

Beginning January 1,2017, this amendment increases the filing fees for de minimis, minor, 

major, and temporary source construction permits; increases the construction permit processing 

fee; and increases the Portable Source Relocation Request fee. In addition, effective March 30, 

2016, the amendment clarifies that the construction permit processing fee begins to accrue upon 

receipt ofthe application. 

10 CSR 10-6.065 Operating Permits 

This amendment changes the operating permit fee structure pursuant to 643.079.10, RSMo. 

Beginning January 1, 2017, this amendment increases fees for basics, intermediate, and part 70 

operating permits. In addition, the amendment removes the incinerator applicability language in 

subsection (1 )(B) so owners and operators of incinerators with less than deminimis emissions 

will no longer have to obtain an unnecessary basic operating permit that repeats construction 

permit requirements. Owners and operators of incinerators with potential emissions at or above 

de minimis emissions will still be required to apply for the appropriate operating permit. 

o 

Re<:ycled Paper 
Mr. Mark Hague 

Page Two 

The Missouri Air Conservation Commission adopted the enclosed rule action(s) on 

November 17,2015. The commission has full legal authority to develop rules pursuant to Section 

643.050 ofthe Missouri Air Conservation Law. The state followed all applicable administrative 

procedures in proposing and adopting the rule action(s). 

Enclosed are the required SIP submittal elements for determination ofplan completeness per 40 

CFR Part 51, Appendix V. 

Thank you for your attention to this matter. If you have any questions regarding this submittal, 

please contact Darcy Bybee, with the Department's Air Pollution Control Program at P.O. Box 

176, Jefferson City, MO 65102 or by phone at (573) 751-7840 or email at 

darcy.bybee@dnr.mo.gov. 

Sincerely, 

TION CONTROL PROGRAM 

Kyra L. 

Director 

KLM:src 

Enclosures: 

Copy of rule published in CSR 

Copy of commission signature page certifying Missouri Air Conservation Commission adoption 

Copy oftechnical support documentation for rule (if applicable) 

Copies of public hearing notices 

Copy of public hearing transcript introductory statement 

Copy ofMO Reg proposed rulemaking 

Copy ofMO Reg order of rule making with comments/responses 

Mark-Up of Existing Federally-Approved State Regulation(s) 

c: Missouri Air Conservation Commission 
RSMo, to enforce the provisions of the Air

Conservation Law and the corresponding

rule. 

(E) Compliance with this rule does not

automatically absolve the owner or operator

of such facility of liability for the excess

emissions reported.

(4) Reporting and Record Keeping. 

(A) The information specified in paragraph

(3)(C)2. of this rule shall be submitted to the

director not later than fifteen (15) days after

receipt of the notice of excess emissions.

Information regarding the type and amount of

emissions and time of the episode shall be

recorded and kept on file. This data shall be

included in emissions reported on any

required Emissions Inventory Questionnaire.

(B) The information submitted according

to subsections (3)(A) and (3)(B) of this rule

and paragraph (3)(C)2. of this rule shall be

kept on file at the installation for a period of

five (5) years. This data shall be included in

emissions reported on any required Emissions Inventory Questionnaire. The information shall be available to the director upon

request.

(5) Test Methods (Not Applicable)

AUTHORITY: section 643.050, RSMo

2000.* Original rule filed March 15, 1979,

effective Nov. 11, 1979. Amended: Filed April

2, 1987, effective Aug. 27, 1987. Amended:

Filed June 15, 2001, effective Feb. 28, 2002.

Amended: Filed Nov. 13, 2009, effective July

30, 2010.

*Original authority: 643.050, RSMo 1965, amended 1972,

1992, 1993, 1995.

10 CSR 10-6.060 Construction Permits

Required 

PURPOSE: This rule defines sources which

are required to obtain permits to construct. It

establishes requirements to be met prior to

construction or modification of any of these

sources. This rule also establishes permit fees

and public notice requirements for certain

sources and incorporates a means for unifying the processing of construction and operating permit issuance. 

PUBLISHER’S NOTE: The secretary of state

has determined that the publication of the

entire text of the material which is incorporated by reference as a portion of this rule

would be unduly cumbersome or expensive.

This material as incorporated by reference in

this rule shall be maintained by the agency at

its headquarters and shall be made available

to the public for inspection and copying at no

more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed

here.

(1) Applicability.

(A) Definitions. Definitions of certain

terms used in this rule may be found in paragraph (b) of 40 CFR 52.21 which is incorporated by reference in subsection (8)(A) of this

rule, except that—

1. Any provisions of 40 CFR 52.21(b)

that are stayed shall not apply;

2. Solely for the purposes of paragraph

(1)(A)2. and section (7) of this rule, the following definitions shall be used in place of

the definitions of the same terms specified

elsewhere in this subsection:

A. Major stationary source is defined

in 40 CFR 51.165(a)(1)(iv), promulgated as

of July 1, 2011, and hereby incorporated by

reference in this rule, as published by the

Office of the Federal Register, U.S. National

Archives and Records, 700 Pennsylvania

Avenue NW, Washington, DC 20408. This

rule does not incorporate any subsequent

amendments or additions. The term major, as

used in this definition, shall be major for the

nonattainment pollutant;

B. Major modification is defined in

40 CFR 51.165(a)(1)(v), promulgated as of

July 1, 2011, and hereby incorporated by reference in this rule, as published by the Office

of the Federal Register, U.S. National

Archives and Records, 700 Pennsylvania

Avenue NW, Washington, DC 20408, except

that any incorporated provisions that are

stayed shall not apply. This rule does not

incorporate any subsequent amendments or

additions. The term major, as used in this

definition, shall be major for the nonattainment pollutant;

C. Net emissions increase is defined

in 40 CFR 51.165(a)(1)(vi), promulgated as

of July 1, 2011, and hereby incorporated by

reference in this rule, as published by the

Office of the Federal Register, U.S. National

Archives and Records, 700 Pennsylvania

Avenue NW, Washington, DC 20408, except

that the term paragraph (a)(1)(xii)(B) shall be

40 CFR 52.21(b)(21)(ii). This rule does not

incorporate any subsequent amendments or

additions; and

D. Significant is defined in 40 CFR

51.165(a)(1)(x), promulgated as of July 1,

2011, and hereby incorporated by reference

in this rule, as published by the Office of the

Federal Register, U.S. National Archives and

Records, 700 Pennsylvania Avenue NW,

Washington, DC 20408. This rule does not

incorporate any subsequent amendments or

additions;

3. Solely for the purposes of section (9)

of this rule, the following definitions shall be

used in addition to definitions specified elsewhere in this subsection:

A. Construct a major source—

(I) Fabricate, erect, or install, at

any greenfield site, a stationary source or

group of stationary sources which is located

within a contiguous area and under common

control and which emits or has the potential

to emit ten (10) tons per year of any hazardous air pollutant (HAP) or twenty-five

(25) tons per year of any combination of

HAPs; or

(II) Fabricate, erect, or install, at

any developed site, a new process or production unit which in and of itself emits or has

the potential to emit ten (10) tons per year of

any HAP or twenty-five (25) tons per year of

any combination of HAPs;

B. Greenfield site—A contiguous area

under common control that is an undeveloped

site;

C. Process or production—Any collection of structures and/or equipment, that

processes, assembles, applies, or otherwise

uses material inputs to produce or store an

intermediate or final product. A single facility may contain more than one (1) process or

production unit;

D. Reconstruct a major source—

Replace components at an existing process or

production unit where the replacement of

components in and of itself emits or has the

potential to emit ten (10) tons per year of any

HAP or twenty-five (25) tons per year of any

combination of HAPs, whenever—

(I) The fixed capital cost of the new

components exceeds fifty percent (50%) of

the fixed capital cost that would be required

to construct a comparable process or production unit; and

(II) It is technically and economically feasible for the reconstructed major

source to meet the applicable maximum

achievable control technology emission limitation for new sources established under this

section;

E. Research and development activities—Activities conducted at a research or

laboratory facility whose primary purpose is

to conduct research and development into

new processes and products, where such

source is operated under the close supervision of technically-trained personnel and is

not engaged in the manufacture of products

for sale or exchange for commercial profit,

except in a de minimis manner;

F. Similar source—A stationary

source or process that has comparable emissions and is structurally similar in design and

capacity to a constructed or reconstructed

major source such that the source could be

controlled using the same control technology;

and

JASON KANDER (2/29/16) CODE OF STATE REGULATIONS 49

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
G. Definitions for certain terms, other

than those defined in subparagraphs

(1)(A)3.A. through F. of this rule, may be

found in 40 CFR 63.41, promulgated as of

July 1, 2011, and hereby incorporated by reference in this rule, as published by the Office

of the Federal Register, U.S. National

Archives and Records, 700 Pennsylvania

Avenue NW, Washington, DC 20408. This

rule does not incorporate any subsequent

amendments or additions;

4. Nonattainment pollutant—Each and

every pollutant for which the location of the

source is in an area designated to be in nonattainment of a National Ambient Air Quality

Standard (NAAQS) under section

107(d)(1)(A)(i) of the Act. Any constituent or

precursor of a nonattainment pollutant shall

be a nonattainment pollutant, provided that

the constituent or precursor pollutant may

only be regulated under this rule as part of

regulation of the corresponding NAAQS pollutant. Both volatile organic compounds

(VOC) and nitrogen oxides (NOx) shall be

nonattainment pollutants for a source located

in an area designated nonattainment for

ozone;

5. The provisions of subsection (8)(B) of

this rule regarding the term administrator

shall apply; and

6. Definitions for certain terms used in

this rule, other than those defined elsewhere

in this subsection, may be found in 10 CSR

10-6.020.

(B) Covered Installations/Changes. This

rule shall apply to installations throughout

Missouri with the potential to emit any pollutant in an amount equal to or greater than the

de minimis levels. This rule also shall apply

to changes at installations which emit less

than the de minimis levels where the construction or modification itself would be subject to section (6), (7), (8), or (9) of this rule.

This rule shall apply to all incinerators,

unless permitted under rule 10 CSR 10-

6.062.

(C) Construction/Operation Prohibited.

No owner or operator shall commence construction or modification of any installation

subject to this rule, begin operation after that

construction or modification, or begin operation of any installation which has been shut

down longer than five (5) years without first

obtaining a permit from the permitting

authority under this rule. For sources not

subject to review under sections (7), (8), or

(9) of this rule, construction may be commenced if authorized by the director. A

request for authorization must include: a

signed waiver of any state liability; a complete list of the activities to be undertaken;

and, the applicant’s full acceptance and

knowledge of all liability associated with the

possibility of denial of the permit application.

A request will not be granted unless an application for permit approval under this rule has

been filed. The waiver is not available to

sources seeking federally enforceable permit

restrictions to avoid review under sections

(7)–(9) of this rule.

(D) Exempt Emissions Units. This rule

does not apply to the construction or modification of installations that are exempted or

excluded by 10 CSR 10-6.061 or are permitted under rule 10 CSR 10-6.062.

(2) Unified Review. When the construction or

modification and operation of any installation

requires a construction permit under this

rule, and an operating permit or its amendment, under 10 CSR 10-6.065, the installation shall receive a unified construction and

operating permit, or its amendment, and a

unified review, hearing and approval process,

unless the applicant requests in writing that

the application for a construction and operating permit, or its amendment, be reviewed

separately. Under this unified review process,

the applicant shall submit all the applications,

forms, and other information required by the

permitting authority. 

(A) Review of Applications. The permitting authority shall complete any unified

review within one hundred eighty-four (184)

days, as provided under the procedures of this

rule and 10 CSR 10-6.065 Operating Permits

Required. 

(B) Issuance of Permits. As soon as the

unified review process is completed, if the

applicant complies with all applicable

requirements under this rule and 10 CSR 10-

6.065, the construction permit and the operating permit, or its amendment, shall be

issued to the applicant and the applicant may

commence construction. The operating permit shall be retained by the permitting authority until validated pursuant to this section. 

(C) Validation of Operating Permits. Within one hundred and eighty (180) days after

commencing operation, the holder of an

operating permit, or its amendment, issued

by the unified review process shall submit to

the permitting authority all information

required by the permitting authority to

demonstrate compliance with the terms and

conditions of the issued operating permit, or

its amendment. The permittee shall also provide information identifying any applicable

requirements which became applicable subsequent to issuance of the operating permit.

Within thirty (30) days after the applicant’s

request for validation, the permitting authority will take action denying or approving validation of the issued operating permit, or its

amendment. If the permittee demonstrates

compliance with both the construction and

operating permits, or its amendment, the permitting authority shall validate the operating

permit, or its amendment, and forward it to

the permittee. No part 70 permit will be validated unless—

1. At the time of validation, the permitting authority certifies that the issued permit

contains all applicable requirements; or

2. The procedures for permit renewal in

10 CSR 10-6.065(6)(E)3. have occurred prior

to validation to insure the inclusion of any

new applicable requirements to which the

part 70 permit is subject.

(3) Temporary Installations and Pilot Plants

Permits. The permitting authority may

exempt temporary installations and pilot

plants having a potential to emit under one

hundred (100) tons per year of each pollutant

from any of the requirements of this rule,

provided that these exemptions are requested

in writing prior to the start of construction.

These exemptions shall be granted only when

the attainment or maintenance of ambient air

quality standards is not threatened, when

there will be no significant impact on any

Class I area, and when the imposition of

requirements of this rule would be unreasonable. 

(4) Portable Equipment Permits. Portable

equipment must meet the following criteria:

(A) The potential to emit is less than one

hundred (100) tons per year of any air pollutant; 

(B) The equipment was permitted previously under either section (5), (6), (7), or (8)

of this rule and the previous permit is still

valid;

(C) The equipment is operated and maintained in a manner identical to that specified

in the currently valid permit; and

(D) The following conditions must be met

when permitted portable equipment is to be

operated at a different location: 

1. When the owner or operator wishes

to operate the portable equipment at a new

location not previously permitted or at a location where other sources (either permanent or

portable) are operating, the owner or operator shall submit to the permitting authority a

Portable Source Relocation Request, property

boundary plot plan, and the equipment layout

for the site. A relocation request is subject to

the fees as described in subsection (10)(A) of

this rule and the time frames specified in this

rule. The relocation request will be approved

if it is determined that there will be no significant impact on any Class I area or an area

where air quality increments have been consumed. The permitting authority shall make

the final determination and, if appropriate,

approve the relocation request no later than

twenty-one (21) calendar days after receipt of

the complete Portable Source Relocation

Request;

2. When the owner or operator wishes

50 CODE OF STATE REGULATIONS (2/29/16) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
to relocate the portable equipment to a site

that is listed on the permit or on the amended

permit (provided other sources are not

approved to operate at the same location), the

owner or operator shall report the move to the

permitting authority on a Portable Source

Relocation Request for authorization to operate in the new locale as soon as possible, but

not later than seven (7) calendar days prior to

ground breaking or initial equipment erection. No fees are associated with this authorization. Authorization will be presumed if

notification of denial is not received by the

specified ground breaking or equipment erection date; and 

3. The equipment shall be operated at

each new location no more than twenty-four

(24) consecutive months without an intervening relocation.

(5) De Minimis Permits. 

(A) Any construction or modification at an

installation subject to this rule which results

in a net emissions increase below the de minimis levels shall be exempt from further

requirements of this rule if the owner or operator of the source applies for, and the permitting authority issues, a de minimis permit for

that installation. 

(B) This de minimis permit shall be issued

and in effect only if all of the following conditions are met: 

1. The permitting authority is notified in

writing of the proposed construction prior to

the commencement of construction; 

2. Information is submitted to the permitting authority which is sufficient for the

permitting authority to verify the annual

emission rate, to verify that no applicable

emission control rules will be violated, and to

verify that the net emission increase of the

installation is below the de minimis levels; 

3. Net emissions do not increase above

the de minimis levels at an installation having

a de minimis permit under this section. If net

emissions at the installation do increase above

the de minimis levels, the installation shall be

in violation of this rule until it obtains a permit under the other applicable requirements

of this rule; and 

4. All permit fees are paid. 

(C) In order to eliminate the necessity for

a large number of de minimis permit applications from a single installation, a special case

de minimis permit may be developed for

those batch-type production processes which

frequently change products and component

source operations. Operating in violation of

the conditions of a special case de minimis

permit shall be a violation of this rule.

(D) Air Quality Analysis Requirements.

1. An air quality analysis will not be

required for applications having a maximum

design capacity emission rate of no more than

the hourly de minimis level unless paragraph

(5)(D)2. of this rule applies. For applications

having a maximum design capacity emission

rate greater than the hourly de minimis level,

a permit will be issued only if an air quality

analysis demonstrates that the proposed construction or modification will not—

A. Interfere with the attainment or

maintenance of NAAQS and the air quality

standards established in 10 CSR 10-6.010; or

B. Cause or contribute to ambient air

concentrations in excess of any applicable

maximum allowable increase listed in subsection (11)(A) Table 1, of this rule, over the

baseline concentration in any attainment or

unclassified area.

2. Exceptions. The director may require

an air quality analysis for applications if it is

likely that emissions of the proposed construction or modification will—

A. Interfere with the attainment or

maintenance of NAAQS and the air quality

standards established in 10 CSR 10-6.010;

B. Cause or contribute to ambient air

concentrations in excess of any applicable

maximum allowable increase listed in subsection (11)(A) Table 1, of this rule, over the

baseline concentration in any attainment or

unclassified area; or

C. Result in complaints filed in the

vicinity of the proposed construction or modification warrant an air quality analysis.

(6) General Permit Requirements for Construction or Emissions Increase Greater Than

De Minimis Levels.

(A) A permit shall be issued pursuant to

this section only if it is determined that the

proposed source operation or installation will

not do one (1) or more of the following:

1. Violate any of the applicable provisions of this rule; 

2. Interfere with the attainment or maintenance of NAAQS and the air quality standards established in 10 CSR 10-6.010; 

3. Cause or contribute to ambient air

concentrations in excess of any applicable

maximum allowable increase listed in subsection (11)(A) Table 1, of this rule, over the

baseline concentration in any attainment or

unclassified area; 

4. Violate any applicable requirements

of the Air Conservation Law; and 

5. Cause an adverse impact on visibility

in any Class I area (those designated in paragraph (12)(I)3. of this rule).

(B) In order for the permitting authority to

make this determination, each applicant

shall— 

1. Complete and submit application

forms supplied by the permitting authority.

These forms shall consist of an Application

for Authority to Construct and an Emissions

Information for Construction Permit Application. Both forms shall be completed so that

all information necessary for processing the

permit is supplied; 

2. Send to the permitting authority as

part of the application: site information;

plans; descriptions; specifications; and drawings showing the design of the installation,

the nature and amount of emissions of each

pollutant, and the manner in which it will be

operated and controlled; 

3. Supply ambient air quality modeling

data for the pollutant to determine the air

quality impact of the installation on the applications with the potential to emit fifty (50)

tons per year or more of particulate matter or

sulfur dioxide. The modeling techniques to

be used are as specified in the most recent

version of the Environmental Protection

Agency’s (EPA) Guideline on Air Quality

Models (EPA 450/2-78-027R), including supplements at the time of application, or another model which the permitting authority

deems accurate. Temporary installations and

portable equipment shall be exempt from this

requirement provided that the source shall

apply best available control technology

(BACT) for each pollutant emitted in a significant amount; 

4. Furnish any additional information,

plans, specifications, evidence, documentation, modeling, or monitoring data that the

permitting authority may require to complete

review under this rule; and 

5. Submit fees for the filing and processing of their permit application. The amount

of the fee will be determined from section

(10) of this rule. 

(C) The review of each permit application

will follow the procedures of subsection

(12)(A), Appendix A of this rule and, when

applicable, subsection (12)(B), Appendix B

of this rule. 

(D) Special Considerations for Stack

Heights and Dispersion Techniques. 

1. The degree of emission limitation

required for control of any air pollutant under

this rule shall not be affected in any manner

by—

A. That amount of the stack height of

any installation which exceeds good engineering practice (GEP) stack height; or 

B. Any other dispersion technique. 

2. Paragraph (6)(D)1. of this rule shall

not apply to stack heights on which construction commenced on or before December 31,

1970, or to dispersion techniques implemented on or before December 31, 1970. 

3. Before the permitting authority issues

a permit under this rule based on stack

heights that exceed GEP, the permitting

authority must notify the public of the availability of the demonstration study and must

provide opportunity for a public hearing on

it. 

JASON KANDER (2/29/16) CODE OF STATE REGULATIONS 51

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
4. This paragraph does not require that

actual stack height or the use of any dispersion technique be restricted in any manner. 

(E) After a permit has been granted—

1. The owner or operator subject to the

provisions of this rule shall furnish the permitting authority written notification as follows: 

A. A notification of the anticipated

date of initial start-up of the source operation

or installation within thirty (30) days of the

actual date of initial start-up; and

B. A notification of the actual date of

initial start-up of a source operation or installation within fifteen (15) days after that date; 

2. A permit may be revoked if construction or modification work is not begun within

two (2) years from the date of issuance or if

work is suspended for one (1) year, and if— 

A. The delay was reasonably foreseeable by the owner or operator at the time the

permit was issued; 

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. 

(7) Nonattainment Area Permits. This section

applies to the construction of any new major

stationary source or any project at an existing

major stationary source in an area designated

as nonattainment.

(A) Applicability Procedures. The provisions of this subsection are used to determine, prior to beginning actual construction,

if a project at an existing major stationary

source is a major modification and thus subject to the permit application and review

requirements of subsection (7)(B) of this rule. 

1. Except for sources with a Plantwide

Applicability Limit (PAL), which shall comply with subsection (7)(C) of this rule, and in

accordance with the definition of the term

major modification contained in subsection

(1)(A) of this rule, a project is a major modification if it causes two (2) types of emissions increases for the nonattainment pollutant—a significant emissions increase and a

significant net emissions increase. The project is not a major modification if it does not

cause a significant emissions increase. If the

project causes a significant emissions

increase, then the project is a major modification only if it also results in a significant

net emissions increase.

2. The emissions increase from the project is determined by taking the sum of the

emissions increases from each emissions unit

affected by the project. An emissions unit is

considered to be affected by the project if an

emissions increase from the unit would occur

as a result of the project, regardless of

whether a physical change or change in the

method of operation will occur at the particular emissions unit.

3. For each existing emissions unit

affected by the project, the emissions

increase is determined by taking the difference between the projected actual emissions

for the completed project and the baseline

actual emissions. In accordance with the definition of the term projected actual emissions

found in 40 CFR 52.21 as referred to in subsection (1)(A) of this rule, the owner or operator of the major stationary source may elect

to use the existing emission unit’s potential to

emit in lieu of the projected actual emissions

for this calculation. 

4. For each new emissions unit affected

by the project, the emissions increase is equal

to the potential to emit.

5. The procedure for calculating the net

emissions increase (the significance of which

is the second criterion for determining if a

project is a major modification) is contained

in the definition of the term net emissions

increase found in subsection (1)(A) of this

rule.

6. The provisions of subsection (7)(B) of

this rule do not apply to a source or modification that would be a major stationary

source or major modification only if fugitive

emissions to the extent quantifiable are considered in calculating the potential to emit of

the stationary source or modification and the

source does not belong to one (1) of the

source categories listed in items

(i)(1)(vii)(a)–(aa) of 40 CFR 52.21 which is

incorporated by reference in subsection

(8)(A) of this rule.

(B) Permit Requirements. A permit shall

not be issued, for the construction of a new

major stationary source for the nonattainment

pollutants, or for a major modification for the

nonattainment pollutant of an existing major

stationary source, unless the following

requirements, in addition to section (6) of this

rule, are met:

1. By the time the source is to commence operation, sufficient emissions offsets

shall be obtained as required to ensure reasonable further progress toward attainment of

the applicable national ambient air quality

standard and consistent with the requirements

of Section 173(a)(1)(A) of the Clean Air Act

and paragraphs 40 CFR 51.165(a)(3) and (9);

2. In the case of a new or modified

installation which is located in a zone (within

the nonattainment area) identified by the

administrator, in consultation with the Secretary of Housing and Urban Development, as

a zone to which economic development

should be targeted, emissions of that pollutant resulting from the proposed new or modified installation will not cause or contribute

to emissions levels which exceed the

allowance permitted for that pollutant for that

zone from new or modified installations;

3. Offsets have been obtained in accordance with paragraph (7)(B)1. and with the

offset and banking procedures in 10 CSR 10-

6.410;

4. The administrator has not determined

that the state implementation plan is not

being adequately implemented for the nonattainment area in which the proposed source is

to be constructed or modified;

5. Temporary installation and portable

sources shall be exempt from this section provided that the source applies BACT for each

pollutant emitted in a significant amount;

6. The applicant must provide documentation establishing that all installations in

Missouri, which are owned or operated by

the applicant, (or by any entity controlling,

controlled by, or under common control with

the applicant) are subject to emission limitations and are in compliance, or are on a

schedule for compliance, with all applicable

requirements;

7. Permit applications shall include a

control technology evaluation to demonstrate

that any new major stationary source or

major modification will meet the lowest

achievable emission rate (LAER) for all new

or modified emission units, unless otherwise

provided in this section;

8. Any new major stationary source or

major modification to be constructed in an

area designated nonattainment shall comply

with LAER as determined by the director and

set forth in the construction permit pursuant

to this section, except where otherwise provided in this section;

9. The applicant must provide an alternate site analysis; and

52 CODE OF STATE REGULATIONS (2/29/16) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
10. The applicant shall provide an analysis of impairment to visibility in any Class I

area (those designated in subsection (12)(I) of

this rule) that would occur as a result of the

installation or major modification and as a

result of the general, commercial, residential,

industrial, and other growth associated with

the installation or major modification.

(C) Plantwide Applicability Limits (PALs).

The provisions of subsection (aa) of 40 CFR

52.21, which is incorporated by reference in

subsection (8)(A) of this rule, shall govern

PALs of the nonattainment pollutant for projects at existing major stationary sources in

an area designated nonattainment, except

that— 

1. The term Administrator shall be the

director of the Missouri Department of Natural Resources’ Air Pollution Control Program;

2. The term BACT or LAER and the

term BACT shall both be LAER for the

nonattainment pollutant;

3. The term Prevention of Significant

Deterioration (PSD) program, as it appears in

40 CFR 52.21(aa)(1)(ii)(b), and the term

major NSR program, as it appears in

52.21(aa)(1)(ii)(c), both shall be Nonattainment Area Permit program of this section; and

4. The director shall not allow a PAL for

VOC or NOx for any existing major stationary source located in an extreme ozone nonattainment area.

(D) Reporting and Record Keeping. This

subsection applies to projects at existing

major stationary sources, without a PAL,

which are exempt from the permit requirements of subsection (7)(B) of this rule as a

result of the applicability determination made

in subsection (7)(A) of this rule. The owner

or operator of such sources shall comply, in

regards to the nonattainment pollutant, with

the provisions of paragraph (r)(6) of 40 CFR

52.21, which is incorporated by reference in

subsection (8)(A) of this rule, except that the

term Administrator shall be the director of

the Missouri Department of Natural

Resources’ Air Pollution Control Program.

(E) Any construction or modification that

will impact a federal Class I area shall be

subject to the provisions of subsection

(12)(H) of this rule.

(F) All permit applications subject to subsection (7)(B) of this rule are subject to the

public participation requirements in subsection (12)(B) of this rule.

(G) The director of the Missouri Department of Natural Resources’ Air Pollution

Control Program shall transmit to the administrator of the U.S. Environmental Protection

Agency a copy of each permit application

filed under section (7) of this rule and shall

notify the administrator of each significant

action taken on the application.

(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, 2012, and Federal

Register Notice 77 FR 41051 promulgated

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.

(B) Administrator as it appears in 40 CFR

52.21 shall refer to the director of the Missouri Department of Natural Resources’ Air

Pollution Control Program except in the following, where it shall continue to refer to the

administrator of the U.S. Environmental Protection Agency:

1. (b)(17) Federally enforceable;

2. (b)(37)(i) Repowering;

3. (b)(43) Prevention of Significant

Deterioration (PSD) program;

4. (b)(48)(ii)(c);

5. (b)(50) Regulated NSR pollutant;

6. (b)(51) Reviewing authority;

7. (g) Redesignation;

8. (l) Air quality models;

9. (p)(2) Federal Land Manager; and

10. (t) Disputed permits or redesignations.

(C) All permit applications subject to section (8) of this rule are subject to the public

participation requirements in subsection

(12)(B) of this rule.

(D) The director of the Missouri Department of Natural Resources’ Air Pollution

Control Program shall transmit to the administrator of the U.S. Environmental Protection

Agency a copy of each permit application

filed under section (8) of this rule and shall

notify the administrator of each significant

action taken on the application.

(E) Applicants must obtain emission reductions, obtained through binding agreement

prior to commencing operations and subject

to 10 CSR 10-6.410, equal to and of a comparable air quality impact to the new or

increased emissions in the following circumstances when the:

1. Area has no increment available; or

2. Proposal will consume more increment than is available.

(9) Hazardous Air Pollutant Permits. The

requirements of this section apply to any

owner or operator of a major source identified in subsection (9)(B) of this rule, unless

the major source in question has been specifically regulated or exempted from regulation

under a standard issued pursuant to section

112(d), section 112(h), or section 112(j) of

the Clean Air Act and incorporated in another subpart of part 63 of the Code of Federal

Regulations (CFR), or the owner or operator

of such a major source has received all necessary air quality permits for construction or

reconstruction before the effective date of this

section.

(A) Applicability. No person may construct

or reconstruct a major source unless they

submit an application and receive approval

from the permitting authority according to

the procedures of paragraphs (9)(C)2. and

(9)(C)3. of this rule; or unless all of the following are satisfied:

1. All HAPs emitted by the process or

production unit that would otherwise be controlled under the requirements of this section

will be controlled by emission control equipment which was previously installed at the

same site as the process or production unit;

2. The permitting authority—

A. Has determined within a period of

five (5) years prior to the fabrication, erection, or installation of the process or production unit that the existing emission control

equipment represented best available control

technology (BACT), lowest achievable emission rate (LAER) under 40 CFR 51 or 52,

toxic-best available control technology (TBACT), or maximum achievable control technology (MACT) based on state air toxic rules

for the category of pollutants which includes

those HAPs to be emitted by the process or

production unit; or

B. Determines that the control of HAP

emissions provided by the existing equipment

will be equivalent to that level of control currently achieved by other well-controlled similar sources (i.e., equivalent to the level of control that would be provided by a current BACT,

LAER, T-BACT, or state air toxic rule MACT

determination);

3. The permitting authority determines

that the percent control efficiency for emissions of HAP from all sources to be controlled by the existing control equipment will

be equivalent to the percent control efficiency

provided by the control equipment prior to

the inclusion of the new process or production unit;

4. The permitting authority has provided

notice and an opportunity for public comment

concerning its determination that criteria in

paragraphs (9)(A)1., 2., and 3. of this rule

apply and concerning the continued adequacy

of any prior LAER, BACT, T-BACT, or state

air toxic rule MACT determination;

5. If any commenter has asserted that a

prior LAER, BACT, T-BACT, or state air toxic

rule MACT determination is no longer adequate, the permitting authority has determined

JASON KANDER (2/29/16) CODE OF STATE REGULATIONS 53

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
that the level of control required by that prior

determination remains adequate; 

6. The requirements of section (6) of

this rule are met; and

7. Any emission limitations, work practice requirements, or other terms and conditions upon which the above determinations by

the permitting authority are predicated will

be construed by the permitting authority as

applicable requirements under section 504(a)

of the Clean Air Act and either have been

incorporated into any existing part 70 permit

for the affected facility or will be incorporated into such permit upon issuance.

(B) Exemptions. The requirements of section (9) of this rule do not apply to—

1. Electric utility steam generating units

unless they are listed on the source category

list established in accordance with section

112(c) of the Clean Air Act; or

2. Research and development activities.

(C) MACT Review and Determinations.

1. General principles.

A. The MACT emission limitation or

MACT requirements recommended by the

applicant and approved by the permitting

authority shall not be less stringent than the

emission control which is achieved in practice by the best controlled similar source, as

determined by the permitting authority.

B. Based upon available information,

the MACT emission limitation and control

technology recommended by the applicant

and approved by the permitting authority

shall achieve the maximum degree of reduction in emissions of HAPs which can be

achieved by utilizing those control technologies that can be identified from the available

information, taking into consideration the

costs of achieving such emission reduction

and any non-air quality health and environmental impacts and energy requirements

associated with the emission reduction.

C. The applicant may recommend a

specific design, equipment, work practice, or

operational standard, or a combination thereof, and the permitting authority may approve

such a standard if the permitting authority

specifically determines that it is not feasible

to prescribe or enforce an emission limitation

under the criteria set forth in section

112(h)(2) of the Clean Air Act.

D. The applicant has met the requirements of section (6) of this rule.

2. Application requirements for a caseby-case MACT determination.

A. An application for a MACT determination shall specify a control technology

selected by the owner or operator that, if

properly operated and maintained, will meet

the MACT emission limitation or standard as

determined according to the principles set

forth in paragraph (9)(C)1. of this rule.

B. Where additional control technology or a change in control technology is

required, the application for a MACT determination shall contain the following information:

(I) Emissions Information for Construction Permit Application;

(II) Standard application form and

information as described in paragraph

(12)(A)4. of this rule;

(III) The anticipated date of startup;

(IV) The estimated emission rate

for each such HAP, to the extent this information is needed by the permitting authority to

determine MACT;

(V) Any applicable federallyenforceable emission limitations;

(VI) The maximum and expected

utilization of capacity and the associated

uncontrolled emission rates for that source, to

the extent this information is needed by the

permitting authority to determine MACT;

(VII) The controlled emissions in

tons/year at expected and maximum utilization of capacity, to the extent this information

is needed by the permitting authority to determine MACT;

(VIII) A recommended emission

limitation consistent with the principles set

forth in paragraph (9)(C)1. of this rule;

(IX) The selected control technology to meet the recommended MACT emission limitation, including technical information on the design, operation, size, and

estimated control efficiency of the control

technology (and the manufacturer’s name,

address, telephone number, and relevant

specifications and drawings, if requested by

the permitting authority);

(X) Supporting documentation

including identification of alternative control

technologies considered by the applicant to

meet the emission limitation, and analysis of

cost and non-air quality health environmental

impacts or energy requirements for the

selected control technology; and

(XI) Any other relevant information

required to be submitted by the permitting

authority deemed necessary to determine

MACT.

C. Where the owner or operator contends that source will be in compliance, upon

start-up, with case-by-case MACT without a

change in control technology, the application

for a MACT determination shall contain the

following information:

(I) The information described in

parts (9)(C)2.B.(II) through (9)(C)2.B.(XI)

of this rule to determine MACT; and

(II) Documentation of the control

technology in place.

3. Administrative procedures for review

of the MACT application.

A. The permitting authority will notify the owner or operator in writing, within

thirty (30) days from the date the application

is first received, as to whether the application

for a MACT determination is complete or

whether additional information is required.

B. The permitting authority will initially approve the recommended MACT emission limitation and other terms set forth in the

application, or the permitting authority will

notify the owner or operator in writing of its

intent to disapprove the application, within

thirty (30) calendar days after the owner or

operator is notified in writing that the application is complete.

C. Notice of disapproval.

(I) The owner or operator may present, in writing, within sixty (60) calendar

days after receipt of notice of the permitting

authority’s intent to disapprove the application, additional information or arguments

pertaining to, or amendments to, the application for consideration by the permitting

authority before it decides whether to finally

disapprove the application.

(II) The permitting authority will

either initially approve or issue a final disapproval of the application within ninety (90)

days after it notifies the owner or operator of

an intent to disapprove or within thirty (30)

days after the date additional information is

received from the owner or operator,

whichever is earlier.

(III) A final determination by the

permitting authority to disapprove any application will be in writing and will specify the

grounds on which the disapproval is based. If

any application is finally disapproved, the

owner or operator may submit a subsequent

application, provided that the subsequent

application has been amended in response to

the stated grounds for the prior disapproval.

D. Incorporation of the MACT determination into a construction permit.

(I) When an application for a

MACT determination is approved pursuant to

this section, the construction permit issued

pursuant to this rule shall contain a MACT

emission limitation (or a MACT work practice standard if the permitting authority determines it is not feasible to prescribe or enforce

an emission standard) to control the emissions of HAP.

(II) Such construction permit will

specify any notification, operation and maintenance, performance testing, monitoring,

reporting, and record-keeping requirements.

Such construction permit shall include:

(a) In addition to the MACT

emission limitation additional emission limits, production limits, operational limits, or

other terms and conditions necessary to

ensure enforceability of the MACT emission

limitation;

54 CODE OF STATE REGULATIONS (2/29/16) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
(b) Compliance certifications,

testing, monitoring, reporting, and recordkeeping requirements that are consistent with

the requirements of 10 CSR 10-6.065;

(c) In accordance with section

114(a)(3) of the Clean Air Act, monitoring

shall be capable of demonstrating continuous

compliance during the applicable reporting

period. Such monitoring data shall be of sufficient quality to be used as a basis for

enforcing all applicable requirements including emission limitations; and

(d) A statement requiring the

owner or operator to comply with all applicable requirements.

(III) Approval shall expire if construction or reconstruction has not commenced within eighteen (18) months of

issuance, unless the permitting authority has

granted an extension. However, in no case

will approval extend beyond thirty (30)

months from the date of issuance if construction or reconstruction have not commenced.

E. Opportunity for public comment

on the construction permit shall follow the

procedure found in subsection (12)(B),

Appendix B, Public Participation, of this

rule.

F. EPA notification. The permitting

authority shall send a copy of the final construction permit or other notice of approval

issued to the administrator through the appropriate regional office, and to all other state

and local air pollution control agencies having jurisdiction in affected states.

G. Compliance date. On and after the

date of start-up, a constructed or reconstructed major source which is subject to these

requirements shall be in compliance with all

applicable requirements specified in the

MACT determination.

(D) Requirements for constructed or

reconstructed major sources subject to a subsequently promulgated standard or MACT

requirement.

1. If an emission standard is promulgated under section 112(d) or section 112(h) of

the Clean Air Act or the state issues a determination under section 112(j) of the Clean

Air Act that is applicable to a stationary

source or group of sources which would be

deemed to be a constructed or reconstructed

major source under this section before the

date that the owner or operator has obtained

a final and legally-effective MACT determination under any of the review options available in this rule, the owner or operator of the

source(s) shall comply with the promulgated

standard or determination rather than any

MACT determination under this section by

the state, and the owner or operator shall

comply with the promulgated standard by the

compliance date in the promulgated standard.

2. If an emission standard is promulgated under section 112(d) or section 112(h) of

the Clean Air Act or the state issues a determination under section 112(j) of the Clean

Air Act that is applicable to a stationary

source or group of sources which would be

deemed to be a constructed or reconstructed

major source under this section and has been

subject to a prior case-by-case MACT determination pursuant to this section, and the

owner or operator obtained a final and legally-effective case-by-case MACT determination prior to the promulgated date of such

emission standard, then the state shall (if the

initial part 70 permit has not yet been issued)

issue an initial operating permit which incorporates the emission standard or determination, or shall (if the initial part 70 permit has

been issued) revise the operating permit

according to the reopening procedures in 40

CFR 70 or 71, whichever is relevant, to

incorporate the emission standard or determination.

A. The EPA may include in the emission standard established under section

112(d) or section 112(h) of the Clean Air Act

a specific compliance date for those sources

which have obtained a final and legally-effective MACT determination under this section

and which have submitted the information

required by this section to the EPA before the

close of the public comment period for the

standard established under section 112(d) of

the Clean Air Act. Such date shall assure that

the owner or operator shall comply with the

promulgated standard as expeditiously as

practicable, but no longer than eight (8) years

after such standard is promulgated. In that

event, the state shall incorporate the applicable compliance date in the part 70 operating

permit.

B. If no compliance date has been

established in the promulgated section 112(d)

or 112(h) standard or section 112(j) determination, for those sources which have obtained

a final and legally-effective MACT determination under this section, then the permitting

authority shall establish a compliance date in

the permit that assures that the owner or

operator shall comply with the promulgated

standard or determination as expeditiously as

practicable, but not longer than eight (8)

years after such standard is promulgated or a

section 112(j) determination is made.

3. Notwithstanding the requirements of

paragraphs (9)(D)1. and 2. of this rule, if an

emission standard is promulgated under section 112(d) or section 112(h) of the Clean Air

Act or the state issues a determination under

section 112(j) of the Clean Air Act that is

applicable to a stationary source or group of

sources which was deemed to be a constructed or reconstructed major source under this

section and which is the subject of a prior

case-by-case MACT determination pursuant

to this section, and the level of control

required by the emission standard issued

under section 112(d) or section 112(h) or the

determination issued under section 112(j) is

less stringent than the level of control

required by any emission limitation or standard in the prior MACT determination, the

state is not required to incorporate any less

stringent terms of the promulgated standard

in the part 70 operating permit applicable to

such source(s) and may in its discretion consider any more stringent provisions of the

prior MACT determination to be applicable

legal requirements when issuing or revising

such operating permit. 

(10) Permit Fees and Amendments. 

(A) Permit Fees. 

1. All installations or source operations

requiring permits under this rule must submit

the application with a permit filing fee to the

permitting authority. Failure to submit the

permit filing fee constitutes an incomplete

permit application according to paragraph

(12)(A)2. of this rule. 

2. Upon receipt of an application for a

permit or a permit amendment, a permit processing fee begins to accrue per hour of actual staff time. In lieu of the per-hour processing fee for projects subject to paragraph

(4)(D)1. of this rule, a flat fee as specified in

subsection (10)(A) of this rule must be submitted by the applicant. 

3. The applicant shall submit fees for

the processing of the permit application within ninety (90) calendar days of the final

review determination, whether the permit is

approved, denied, withdrawn, or not needed.

After the ninety (90) calendar days, the

unpaid processing fees shall have interest

imposed upon the unpaid amount at the rate

of ten percent (10%) per annum from the date

of billing until payment is made. Failure to

submit the processing fees after the ninety

(90) calendar days will result in the permit

being denied (revoked for portable installation location amendments) and the rejection

of any future permit applications by the same

applicant until the processing fee plus interest

JASON KANDER (2/29/16) CODE OF STATE REGULATIONS 55

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

Permit Application 

Type 

Rule Section 

Reference 

Filing Fee Processing Fee 

Existing 

Effective 

Jan. 1, 

2017 

Existing 

Effective 

Jan. 1, 

2017 

Portable Source 

Relocation Request (4) $200 $300 ---- ---- 

De minimis (5) $100 $250 $50/hr $75/hr 

Minor (6) $100 $250 $50/hr $75/hr 

NSR (7) $100 $5,000 $50/hr $75/hr 

PSD (8) $100 $5,000 $50/hr $75/hr 

HAP (9) $100 $5,000 $50/hr $75/hr 

Initial PAL (7) or (8) $100 $5,000 $50/hr $75/hr 

Renewal PAL (7) or (8) $100 $2,500 $50/hr $75/hr 

Temporary/Pilot (3) $100 $250 $50/hr $75/hr 

Permit Amendment (10) ---- ---- $50/hr $75/hr 
have been paid.

4. In addition to permit filing and processing fees, the applicant shall pay for any

publication of notice required and shall pay

for the original and one (1) copy of the transcript, to be filed with the permitting authority, of any hearing required under this rule.

No permit shall be issued until all publication

and transcript costs have been paid. 

5. Partially processed permits that are

withdrawn after submittal shall be charged at

the same processing fee rate in subsection

(10)(A) of this rule for the time spent processing the application. 

6. The commission may reduce the permit processing fee or exempt any person from

payment of the fee upon an appeal filed with

the commission stating and documenting that

the fee will create an unreasonable economic

hardship upon the person. 

7. Any person who obtains a valid permit from a city or county holding a certificate

of authority granted by the commission under

643.140, RSMo, shall be deemed to have met

the fee requirements of this section for that

permit.

(B) Amending a Final Permit. 

1. No changes in the proposed installation or modification may be made which

would change any information in a finalized

permit, except in accordance with this subsection. 

2. If the applicant desires to make the

change, the applicant shall submit in writing

a request to the permitting authority that the

permit be amended. 

3. If the requested change will result in

increased emissions, air quality impact or

increment consumption, and is submitted

after the final notice of permit processing fee

due, a new permit application is required for

the requested change. The new application, to

the maximum extent possible, should reference those portions of the original application

that are unchanged. This new submittal will

be subject to all requirements of this rule.

The accrued permit processing fee from the

original application must be submitted to the

permitting authority before the new permit

application can be accepted. 

4. If the requested change will not result

in increased emissions, air quality impact, or

increment consumption, the original permit

application shall be amended and the permit

shall be modified pursuant to the amended

application within thirty (30) calendar days of

receipt of the written request. The fee for this

type of change will be subject to the requirements of subsection (10)(A), except paragraph (10)(A)1., of this rule.

(11) Tables. 

(A) Table 1—Ambient Air Increment

Table.

 Maximum

 Allowable

Pollutant Increase

Class I Areas 

Particulate Matter 2.5 Micron:

Annual arithmetic mean 1

24-hour maximum 2

Particulate Matter 10 Micron:

Annual arithmetic mean 4

24-hour maximum 8

Sulfur Dioxide:

Annual arithmetic mean 2

24-hour maximum 5

3-hour maximum 25

Nitrogen Dioxide:

Annual arithmetic mean 2.5

Class II Areas

Particulate Matter 2.5 Micron:

Annual arithmetic mean 4

24-hour maximum 9

Particulate Matter 10 Micron:

Annual arithmetic mean 17

24-hour maximum 30

Sulfur Dioxide:

Annual arithmetic mean 20

24-hour maximum 91

3-hour maximum 512

Nitrogen Dioxide:

Annual arithmetic mean 25

Class III Areas

Particulate Matter 2.5 Micron:

Annual arithmetic mean 8

24-hour maximum 18

Particulate Matter 10 Micron:

Annual arithmetic mean 34

24-hour maximum 60

Sulfur Dioxide:

Annual arithmetic mean 40

24-hour maximum 182

3-hour maximum 700

Nitrogen Dioxide:

Annual arithmetic mean 50

Notes:

1. All increases in micrograms per cubic

meter. For any period other than an annual

period, the applicable maximum allowable

increase may be exceeded during one (1)

period once per year at any one (1) location. 

2. There are two (2) Class I Areas in Missouri—one (1) in Taney County (Hercules

Glade) and one (1) in Wayne and Stoddard

Counties (Mingo Refuge). 

3. There are no Class III Areas in Missouri at

this time. 

(B) Table 2—Significant Monitoring Concentrations.

Pollutant Air Quality Impact 

Carbon monoxide 575, 8-hour average

Nitrogen dioxide 14, annual

Particulate matter—

2.5 micron (PM2.5) 4, 24-hour

Particulate matter—

10 micron (PM10) 10, 24-hour

Sulfur dioxide 13, 24-hour

Ozone *

Lead .1, 3-month

Mercury 0.25, 24-hour

Beryllium .001, 24-hour

Fluorides 0.25, 24-hour

Vinyl chloride 15, 24-hour

Total reduced sulfur 10, 1-hour

Hydrogen sulfide 0.2, 1-hour

Reduced sulfur compounds 10, 1-hour

Note: All impacts in micrograms per cubic

meter. 

*No significant monitoring concentration is

provided for ozone. However, any potential net

increase of one hundred (100) tons per year, or

more, of volatile organic compounds or nitrogen oxides subject to section (8) of this rule

would require an ambient impact analysis,

including the gathering of ambient air quality

data.

(C) Table 3—Missouri Guidelines for Valid

Data Total Suspended Particulate.

 Minimum Requirement

Time Period for Validity

Month 2, 24-hour samples

Quarter 10, 24-hour samples and 

 3 valid months 

Year 45, 24-hour samples and 4 

 valid quarters

Continuously Monitored Data 

 Minimum Requirement

Time Period for Validity

3-hour running 3 consecutive hourly 

average observations 

8-hour running 6 hourly observations 

average

24-hour average 18 hourly observations 

(daily)

Monthly 21 daily averages 

Quarterly1 3 consecutive monthly 

 averages 

Yearly2 11 monthly averages

1Quarter is defined as calendar quarter.

2Year is defined as four (4) consecutive calendar quarters. 

(D) Table 4—Significant Levels for Air

Quality Impact in Class II Areas.

 Averaging Time 

 (Hours)

Pollutant Annual 24 8 3 1

SO2 1.0 5 25

PM10 1.0 5

PM2.5 0.3 1.2

NO2 1.0

CO .5 2

Note: All impacts in micrograms per cubic

meter, except for CO in milligrams per cubic

meter.

56 CODE OF STATE REGULATIONS (2/29/16) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
(12) Appendices. 

(A) Appendix A, Permit Review Pro -

cedures. 

1. Preapplication meeting. Prior to submittal of a complete permit application, the

applicant may request a preapplication meeting with the permitting authority to discuss

the nature of, and apparent requirements for,

the forthcoming permit application. This

meeting shall not fall under the permit fee

requirements. 

2. Complete application. 

A. The permitting authority shall

review each application for completeness and

shall inform the applicant within thirty (30)

days if the application is not complete. In

order to be complete, an application must

include a completed application form and, to

the extent not called for by the form, the

information required in paragraph (12)(A)4.

of this rule.

B. If the permitting authority does not

notify the installation that its application is

not complete within thirty (30) days of receipt

of the application, the application shall be

deemed complete. However, nothing in this

subsection shall prevent the permitting

authority from requesting additional information that is reasonably necessary to process

the application.

(I) The permitting authority shall

maintain a checklist to be used for the completeness determination. A copy of the checklist identifying the application’s deficiencies

shall be provided to the applicant along with

the notice of incompleteness. 

(II) If, while processing an application that has been determined or deemed to

be complete, the permitting authority determines that additional information is necessary to evaluate or to take final action on that

application, the permitting authority may

request this additional information in writing.

In requesting this information, the permitting

authority shall establish a reasonable deadline

for a response. The review period will be

extended by the amount of time necessary to

collect the required information. 

(III) In submitting an application

for amendment of a construction permit, the

applicant may incorporate by reference those

portions of the existing permit (and the permit application and any permit amendment)

that describe products, processes, operations,

and emissions. The applicant must identify

specifically and list which portions of the previous permit, applications, or both, are incorporated by reference. In addition, a permit

amendment application must contain— 

(a) Information specified in paragraph (12)(A)4. of this rule for those products, processes, operations, and emissions— 

I. That are not addressed in

the previous permit or application; 

II. That are subject to applicable requirements that are not addressed in the

previous permit or application; or 

III. For which the applicant

seeks permit terms and conditions that differ

from those in the previous permit or application. 

C. Confidential information. An

applicant may submit information to the permitting authority under a claim of confidentiality pursuant to 10 CSR 10-6.210.

D. Filing fee. Each application must

be accompanied by the filing fee as specified

in subsection (10)(A) of this rule. 

3. Duty to supplement or correct application. Any applicant who fails to submit any

relevant facts or who has submitted incorrect

information in a permit application, upon

becoming aware of the failure or incorrect

submittal, shall promptly submit supplementary facts or corrected information. In addition, an applicant shall provide additional

information, as necessary, to address any

requirements that become applicable to the

installation after the date an application is

deemed complete, but prior to the issuance of

the construction permit. 

4. Standard application form and

required information. The director will provide a standard application package for applicant’s use. An applicant shall submit an

application package consisting of the standard

application form and Emissions Information

for Construction Permit Application. After

the effective date of this rule, any revision to

the department-supplied forms will be presented to the regulated community for a

forty-five (45)-day comment period. The

application package must include all information needed to determine applicable requirements. The application must include information needed to determine the applicability of

any applicable requirement. The applicant

shall submit the information called for by the

application form for each emissions unit at

the installation to be permitted. The standard

application form (and any attachments) shall

require that the following information be provided: 

A. Identifying information. The

applicant’s company name and address (or

plant name and address if different from the

company name), the owner’s name and state

registered agent, and the telephone number

and name of the plant site manager or other

contact person; 

B. Processes and products. A description of the installation’s processes and products (by two (2)-digit Standard Industrial

Classification Code); 

C. Emissions-related information.

The following emissions-related information

on the emission inventory forms: 

(I) All emissions of regulated air

pollutants. The permit application shall

describe all emissions of regulated air pollutants emitted from each emissions unit,

except as provided for by this section. The

installation shall submit additional information related to the emissions of air pollutants

sufficient to verify which requirements are

applicable; 

(II) Identification and description

of all emissions units whose emissions are

included in part (12)(A)4.C.(I) of this rule, in

sufficient detail to establish the applicability

of all requirements; 

(III) Emissions rates, or information that enables the permitting authority to

determine such rates, in tons per year and in

such terms as are necessary to establish compliance consistent with the applicable standard reference test method, if any; 

(IV) Information to the extent needed to determine or regulate emissions: fuels,

fuel use, raw materials, production rates, and

operating schedules; 

(V) Identification and description

of air pollution control equipment; 

(VI) Identification and description

of compliance monitoring devices or activities; 

(VII) Limitations on installation

operations affecting emissions or any work

practice standards, where applicable, for all

regulated air pollutants; 

(VIII) Other information required

by any applicable requirement (including

information related to stack height limitations

developed pursuant to section 123 of the

Act); and

(IX) Calculations on which the

information in parts (12)(A)4.C.(I)–(VIII) of

this rule is based; 

D. Other specific information

required under the permitting authority’s rule

to implement and enforce other applicable

requirements of the Act or of these rules, or

to determine the applicability of these

requirements. 

5. Certification by responsible official.

Any application form or report submitted

pursuant to this rule shall contain certification by a responsible official of truth, accuracy, and completeness. This certification, and

any other certification, shall be signed by a

responsible official and shall contain the following language: “I certify, based on information and belief formed after reasonable

inquiry, the statements and information in the

document are true, accurate, and complete.” 

6. Receipt of the complete application.

Upon receipt of a complete permit application, the permitting authority shall proceed

with processing of the application. 

7. Notification of processing fees. Upon

request, the permitting authority, as timely as

possible, will notify the applicant in writing

if the permit processing fee approaches one

thousand dollars ($1,000) and in one thousand-dollar ($1,000) increments after that. 

JASON KANDER (2/29/16) CODE OF STATE REGULATIONS 57

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
8. Public participation. For all applications for sources that emit five (5) or more

tons of lead per year, or that contain good

engineering practice stack height demonstrations, or that are subject to section (7) or (8)

of this rule, the permitting authority shall follow the procedures for public participation as

specified in section (12), Appendix (B) of

this rule. 

9. Final completeness determination.

Final determination will be made on the following schedules: 

A. The permitting authority will

make final determinations for complete permit applications processed under section (7),

(8), or (9) of this rule no later than one hundred eighty-four (184) calendar days after

receipt of a complete application, taking into

account any additional time necessary for

missing information; 

B. The permitting authority will make

final determination for complete permit

applications processed under section (3), (4),

(5), or (6) of this rule no later than ninety

(90) calendar days after receipt of a complete

application, taking into account any additional time necessary for missing information;

and 

C. If the permitting authority exceeds

the time for review described in subparagraph

(12)(A)9.A. or B. of this rule, the applicant

shall not be required to pay the processing fee

associated with the application. 

10. Conditions required by permitting

authority. The permitting authority may

impose those conditions in a permit as may

be necessary to accomplish the purposes of

this rule, any applicable requirements, or the

Air Conservation Law, Chapter 643, RSMo,

and are no less stringent than any applicable

requirements. Nothing in this rule shall be

deemed to limit the power of the permitting

authority in this regard. The following condition examples are solely for the purposes of

illustration, and do not limit the generality of

the preceding liberal sentence: 

A. Sampling ports of a suitable size,

number, and location; 

B. Safe access to each port; 

C. Instrumentation to monitor and

record emission data; 

D. Other sampling and testing facilities; 

E. Operating or work practice constraints to limit the maximum level of emissions; 

F. Emission control device efficiency

specifications to limit the maximum level of

emissions; 

G. Maximum level of emissions; 

H. Emission testing after commencing operations, to be conducted by the owner

or operator, as necessary to demonstrate

compliance with applicable requirements or

other permit conditions; 

I. Data reporting; and 

J. Post-construction ambient monitoring and reporting. 

11. Drafts for public comment. Following review of an application, the permitting

authority shall issue a draft permit for public

comment, in accordance with subsection

(12)(B) of this rule. The draft shall be accompanied by a statement setting forth the legal

and factual basis for the draft permit conditions (including references to applicable

statutory or regulatory provisions). The permitting authority shall send this statement to

the administrator, to affected states, and to

the applicant, and shall place a copy in the

public file. 

12. Additional procedures needed for

unified reviews of this rule’s section (6), (7),

(8), or (9) unified review construction permit

applications and part 70 operating permit

applications.

A. Permit review by the administrator

and affected states. 

(I) Administrator review. 

(a) Copies of applications, proposals, and final actions. The applicant will

provide two (2) copies of the information

included in an application. The permitting

authority will forward to the administrator

one (1) copy of each permit application and

each final operating permit. 

(b) Administrator’s objection.

No permit shall be issued under this rule if

the administrator objects to its issuance in

writing within forty-five (45) days after

receipt of the proposed permit and all necessary supporting information. 

(c) Failure to respond to objection. If the permitting authority does not

respond to an objection of the administrator

by transmitting a revised proposed permit

within ninety (90) days after receipt of that

objection, the administrator may issue or

deny the permit in accordance with the Act. 

(d) Public petitions for objection. If the administrator does not object to a

proposed permit action, any person may petition the administrator to make such an objection within sixty (60) days after expiration of

the administrator’s forty-five (45)-day review

period. 

I. This petition may only be

based on objections raised during the public

review process, unless the petitioner demonstrates that it was impracticable to raise

objection during the public review period

(including when the grounds for objection

arose after that period). 

II. If the administrator

responds to a petition filed under this section

by issuing an objection, the permitting

authority will not issue the permit until the

objection has been resolved. If the permit was

issued after the administrator’s forty-five

(45)-day review period, and prior to any

objection by the administrator, the permitting

authority shall treat that objection as if the

administrator were reopening the permit for

cause. In these circumstances, the petition to

the administrator does not stay the effectiveness of the issued permit, and the permittee

shall not be in violation of the requirement to

have submitted a complete and timely permit

application. 

(II) Affected state review. 

(a) Notice of draft actions. The

permitting authority will give notice of each

draft permit to any affected state on or before

the time that the permitting authority provides notice to the public. Affected states

may comment on the draft permit action during the period allowed for public comment,

as shall be set forth in a notice to affected

states. 

(b) Refusal to accept recommendations. If the permitting authority refuses to

accept all recommendations for a proposed

permit action that any affected state has submitted during the review period, the permitting authority shall notify the administrator

and the affected state in writing of its reasons

for not accepting those recommendations. 

B. Proposals for review. Following the

end of the public comment period, the permitting authority shall prepare and submit to

the administrator a proposed permit. 

(I) The proposed permit shall be

issued no later than forty-five (45) days after

the deadline for final action under this section

and shall contain all applicable requirements

that have been promulgated and made applicable to the installation as of the date of

issuance of the draft permit. 

(II) If new requirements are promulgated or otherwise become newly applicable to the installation following the

issuance of the draft permit, but before

issuance of a final permit, the permitting

authority may elect to either— 

(a) Extend or reopen the public

comment period to solicit comment on additional draft permit provisions to implement

the new requirements; or 

(b) If the permitting authority

determines that this extension or reopening of

the public comment period would delay

issuance of the permit unduly, the permitting

authority may include in the proposed or final

permit, or both, a provision stating that the

operating permit will be reopened immediately to incorporate the new requirements and

stating that the new requirements are excluded from the protection of the permit shield. If

the permitting authority elects to issue the

proposed or final permit, or both, without

incorporating the new requirements, the permitting authority, within thirty (30) days after

the new requirements become applicable to

the source, shall institute proceedings pursuant to this section to reopen the permit to

58 CODE OF STATE REGULATIONS (2/29/16) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
incorporate the new requirements. These

reopening proceedings may be instituted, but

need not be completed, before issuance of the

final permit. 

C. Action following the administrator’s review. 

(I) Upon receipt of notice that the

administrator will not object to a proposed

permit that has been submitted for the administrator’s review pursuant to this section, the

permitting authority shall issue the permit as

soon as practicable, but in no event later than

the fifth day following receipt of the notice

from the administrator. 

(II) Forty-five (45) days after transmittal of a proposed permit for the administrator’s review, and if the administrator has

not notified the permitting authority that s/he

objects to the proposed permit action, the

permitting authority shall promptly issue the

permit, but in no event later than the fiftieth

day following transmittal to the administrator. 

(III) If the administrator objects to

the proposed permit, the permitting authority

shall consult with the administrator and the

applicant, and shall submit a revised proposal

to the administrator within ninety (90) days

after the date of the administrator’s objection.

If the permitting authority does not revise the

permit, the permitting authority will so

inform the administrator within ninety (90)

days following the date of the objection and

decline to make those revisions. If the administrator disagrees with the permitting authority, the administrator may issue the permit

with the revisions incorporated.

13. Notification in writing. After making a final determination whether the permit

should be approved, approved with conditions, or denied, the permitting authority

shall notify the applicant in writing of the

final determination and the total permit processing fees due. 

14. Notice of processing fees due. If

payment of permit processing fees has not

been received from the applicant eighty (80)

calendar days after the final determination,

the permitting authority shall issue in writing

to the applicant a final notice of payment due. 

15. Processing fees unpaid. If payment

of permit processing fees has not been

received from the applicant ninety (90) calendar days after the final determination, the

permitting authority shall notify the applicant

that the permit has been denied, provided the

application previously had been approved in

the final determination. The permitting

authority also shall advise the applicant that

the fee is still due and, as specified in paragraph (10)(A)3. of this rule, the fee shall have

interest imposed upon it from the date of

billing until payment is made. 

16. Payment received. No later than

three (3) calendar days after receipt of the

whole amount of the fee due, the permitting

authority will send the applicant a notice of

payment received. The permit will also be

issued at this time, provided the final determination was for approval and the permit processing fee was timely received.

(B) Appendix B, Public Participation. 

1. This subsection shall apply to applications for unified review, as well as applications under sections (7) and (8) of this rule,

applications for source operations or installations emitting five (5) or more tons of lead

per year, and applications containing GEP

stack height demonstrations as defined in 10

CSR 10-6.020(1)(G)3.A.–C. 

2. For those applications subject to section (7) or (8) of this rule, completing the

final determination within one hundred

eighty-four (184) days after receipt of a complete application involves performing the following actions in a timely manner: 

A. Preliminary determination. Within

ninety (90) days after receipt of a complete

application, the permitting authority shall

make a preliminary determination whether

construction should be approved, approved

with conditions, or denied; 

B. Draft for public comment and public hearing opportunity. No later than ten (10)

days after the close of the preliminary review

period, the permitting authority shall issue a

draft permit and solicit comments by publishing a notice in a newspaper of general circulation within or nearest to the county in

which the project is proposed to be constructed or operated. 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 proposed project, including its location and permits applied for; a description of

the amount and location of emission reductions that will offset the emissions increase

from the new or modified source; and include

information on how LAER was determined

for the project (where appropriate). The public notice shall also include degree of increment consumption, when appropriate, the

permitting authority’s preliminary determination of whether or not to approve, approve

with conditions or deny, and any reference to

conditions relating to visibility as required in

paragraph (8)(C)5. of this rule. The notice

shall state that the department will hold a

public hearing if one is requested, at which

time any interested person may submit any

relevant information, materials, and views in

support of or opposed to the permit applied

for. The notice shall state the location and

time of the public hearing with the hearing

being held in the county in which all or a

major part of the proposed project is to be

located and state that the hearing will be canceled if a request for a hearing is not received

within twenty-eight (28) days of the publication of the notice. The hearing shall be scheduled not less than thirty (30) nor more than

forty (40) days from the date of publication of

the notice. The notice also shall state that any

interested person may submit relevant information materials and views to the permitting

authority, in writing, until the end of the fortieth day after the date of publication of the

notice for public hearing. 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 proposed installation

or major modification would be constructed,

as well as at the Jefferson City Central Office

of the Air Pollution Control Program. The

permitting authority shall submit a copy of

this public notice to the administrator; 

C. Availability of preliminary determination. After the close of the preliminary

review period, but no later than the date public notice is published, the permitting authority 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 installation or major modification

would be constructed, as well as in the Air

Pollution Control Program Office in Jefferson City, a copy of the preliminary determination, and a copy of summary of other materials, if any, considered in making the

preliminary determination; 

D. The permitting authority may designate another person to conduct any hearing

under this section; 

E. Distribution of public notice. Within ten (10) days after the close of the preliminary review period, the permitting authority

shall send a copy of the public notice to the

applicant and to officials and agencies having

cognizance over the location where the proposed construction would occur as follows:

local air pollution control agencies, the chief

executive of the city and county where the

installation or modification would be located,

any comprehensive regional land use planning

agency, any state air program permitting

authority, and any Federal Land Manager

(FLM) whose lands may be affected by emissions from the installation or modification; 

F. Public comment and applicant

response. The permitting authority shall consider all written comments submitted within

the time specified in the public notice and all

comments received at the public hearing, if

one is held, in making a final decision on the

approvability of the application. No later than

ten (10) days after the close of the public

comment period, the applicant may submit a

JASON KANDER (2/29/16) CODE OF STATE REGULATIONS 59

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
written response to any comments submitted

by the public. The permitting authority shall

consider the applicant’s response in making a

final decision. The permitting authority shall

make all comments available for public

inspection in the same locations where the

permitting authority made available prehearing

information relating to the proposed installation or modification. Further, the permitting

authority shall prepare written response to all

comments and make them available at the

locations referred to previously; 

G. Final determination. The permitting authority shall make a final determination

whether construction should be approved,

approved with conditions, or denied pursuant

to this rule, then notify the applicant in writing of the final determination and make this

notification available for public inspection at

the same locations where the permitting

authority made available prehearing information and public comments relating to the

installation or modification. The permitting

authority shall submit a copy of this final

determination to the administrator; 

H. Public notice exception. If the

administrator has provided public notice and

opportunity for public comment and hearing

equivalent to that provided by this subsection,

the permitting authority may make a final

determination without providing public notice

and opportunity for public comment and

hearing required by this subsection; and 

I. Class I area visibility review and

notice to the FLM. 

(I) For proposed installation subject

to specific permit requirements in sections

(7) and (8) of this rule, but not dependent on

any quantity of lead emissions as stated in

paragraph (12)(B)1. of this rule, the permitting authority shall provide advance notification to any FLM where, in the judgment of

the permitting authority, visibility may be

affected in a Class I area of the FLM’s

responsibility. The notice shall be provided

within thirty (30) days of receipt of an initial

application or when first learning of the

applicant’s intent for a permit. 

(II) No later than thirty (30) days

after receipt of a complete application, the

permitting authority shall make written notification to the FLM whose Class I area (those

designated in paragraph (12)(I)3. of this rule)

may be affected by emissions from the proposed source. The notification must include

all information relevant to the permit application and shall include an analysis of anticipated Class I visibility impacts. The permitting

authority may also make this notification to

any additional FLM whose Class I area’s visibility, in the judgment of the permitting

authority, may be impacted. 

(III) The permitting authority shall

consider any analysis performed by an FLM

that is provided to the permitting authority

within thirty (30) days of the FLM’s receipt

of the notification and analysis required in

part (12)(B)2.I.(II) of this rule. Where the

FLM’s analysis indicates that an adverse

impact on visibility (as defined in 10 CSR 10-

6.020) would occur in a Class I area as a

result of the proposed project, and analysis

does not demonstrate an adverse impact to

the permitting authority’s satisfaction, the

permitting authority shall so indicate the dissatisfaction in the public notice of hearing.

With this condition, the public notice also

shall contain the location where an explanation of the permitting authority’s reasoning

can be found, and that the explanation be

available for public inspection no later than

the date public notice is published. 

3. This paragraph is for those applications not subject to section (7) or (8) of this

rule, but which propose an emission of five

(5) or more tons of lead per year or applications containing GEP stack height demonstrations. For these applications, completing the

final determination within ninety (90) calendar days after receipt of the complete application involves performing the same public participation activities as those subject to section

(7) or (8) of this rule, but with shorter time

frames. The following specifies the new time

frames: 

A. Permitting authority’s preliminary

determination—No later than forty-five (45)

calendar days after receipt of a complete

application; 

B. Public notice of hearing—No later

than five (5) calendar days after the preliminary determination; 

C. Public hearing—No later than thirty (30) calendar days after the date of the

public notice; and 

D. Applicant response—No later than

five (5) calendar days after the end of the

public comment period, the applicant may

submit a written response to any comments

submitted.

(C) Appendix C, Offsets. Offset provisions

may be found in 10 CSR 10-6.410.

(D) Appendix D, Banking. Banking provisions may be found in 10 CSR 10-6.410.

(E) Appendix E, Innovative Control Technology.

1. An owner or operator of an installation subject to section (8) of this rule may

employ a system of innovative control technology if—

A. The applicant demonstrates to the

satisfaction of the permitting authority that

the proposed control system will not cause or

contribute to an unreasonable risk to public

health, welfare, or safety in its operation,

function, or malfunction;

B. The owner or operator demonstrates the ability and agrees to achieve a level

of continuous emission reduction equivalent

to that which would have been required under

subsection (8)(A) of this rule, by a reasonable

date specified by the permitting authority,

taking into consideration the technical and

economic feasibility. The date shall not be

later than four (4) years from the time of

startup or seven (7) years from permit

issuance;

C. On the date specified by the permitting authority, the proposed construction,

employing the system of innovative control,

will meet the requirements of 40 CFR

52.21(l) and 40 CFR 52.21(v);

D. The proposed construction would

not, before the date specified by the permitting authority—

(I) Cause or contribute to a violation of an applicable national ambient air

quality standard;

(II) Impact any Class I area; or

(III) Impact any area where an

applicable increment is known to be violated;

E. The governor of any adjacent state

that will be significantly impacted by the proposed construction gives his/her consent

before the date specified by the permitting

authority; and

F. All other applicable requirements,

including those for public participation, have

been met.

2. Any approval to employ a system of

innovative control technology may be revoked

by the permitting authority, if—

A. The proposed system fails or will

fail by the specified date to achieve the

required continuous emission reduction rate;

or

B. The proposed system, before the

specified date, contributes or will contribute

to an unreasonable risk to public health, welfare, or safety in its operation, function, or

malfunction; or

C. The permitting authority determines that the proposed system is unlikely to

protect the public health, welfare, or safety.

3. If an installation to which this subsection applies fails to meet the required level of

continuous emission reduction within the

specified time period, or the approval is

revoked in accordance with paragraph

(12)(E)2. of this rule, the owner or operator

may request the permitting authority to grant

an extension of time for a minimum period as

may be necessary to meet the requirement for

the application of BACT through use of a

demonstrated system of control. The period

shall not extend beyond the date three (3)

years after termination of the same time period specified in paragraph (12)(E)1. of this

rule.

(F) Appendix F, Air Quality Models. 

1. All estimates and analyses of ambient

concentrations shall be based on the applicable air quality models, data bases, and other

requirements specified in the Environmental

Protection Agency’s (EPA) Guideline on Air

60 CODE OF STATE REGULATIONS (2/29/16) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
Quality Models (40 CFR 51, Appendix W)

including supplements at the time of application.

2. Any model(s) designated in paragraph

(12)(F)1. of this rule may be adjusted upon a

determination by the administrator and the

permitting authority, after notice and opportunity for public hearing, that the adjustment

is necessary to take into account unique terrain or meteorological characteristics of an

area potentially affected by emissions from

the source. Methods like those outlined in the

Protocol for Determining the Best Performing

Model (United States EPA publication No.

EPA-454/R-92-025, Office of Air Quality

Planning and Standards, Research Triangle

Park, NC 27711, 1992) and Standard Guide

for Statistical Evaluation of Atmospheric Dispersion Model Performance (NTIS No. PB

93-226082) should be used to determine the

comparability of air quality models. 

3. Where the Guideline on Air Quality

Models (40 CFR 51, Appendix W) including

supplements at the time of application does

not address a situation requiring modeling,

the administrator and the permitting authority, after notice and opportunity for public

hearing, may approve the use of a model

which they deem accurate for modeling that

situation. 

(G) Appendix G, Increment Tracking. 

1. The permitting authority will track

ambient air increment consumption at fixed

baseline locations within the baseline areas. 

2. Available increment will be allocated

on a first-come, first-serve basis. The marked

received date of a complete application will

be used by the permitting authority to determine which applicant is entitled to prior allocation of increments. 

3. At the intervals of five (5) years from

the baseline date, the permitting authority

shall determine the actual air quality increment available or consumed for a location(s)

for which complete air monitoring data exists

using subsection (11)(C), Table 3, of this

rule. 

4. Exclusions from increment consumption. Upon written request of the owner or

operator of an installation, made after notice

and opportunity for at least one (1) public

hearing to be held in accordance with the

procedures established in subsection (12)(B)

of this rule, the permitting authority shall

exclude the following concentrations in determining consumption of a maximum allowable

increase: 

A. Concentrations attributable to the

increase in emissions from installations

which have converted from the use of

petroleum products, natural gas, or both, by

reason of an order in effect under sections

2(a) and (b) of the Energy Supply Environmental Coordination Act of 1974 over the

emissions from those sources before the

effective date of the order; 

B. Concentrations attributable to the

increase in emissions from installations

which have converted from using natural gas

by reason of a natural gas curtailment plan in

effect pursuant to the Federal Power Act over

the emissions from those sources before the

effective date of the plan; 

C. Concentrations of particulate matter attributable to the increase in emissions

from construction or other temporary emission-related activities, however; 

D. No exclusion of these concentrations shall apply more than five (5) years

after the effective date of the order to which

subparagraph (12)(G)4.A. of this rule refers

or the plan to which subparagraph

(12)(G)4.B. of this rule refers, whichever is

applicable. If both the order and the plan are

applicable, no exclusion shall apply more

than five (5) years after the later of the effective dates. 

(H) Appendix H, Impacts on Class I

Areas. 

1. At any time prior to the close of the

public comment period specified in subsection (12)(B) of this rule, the FLM for any

federal Class I area may provide information

to the permitting authority demonstrating that

the emissions from the proposed installation

or major modification would have an adverse

impact on the air quality-related values

(including visibility) of any federal mandatory Class I area, notwithstanding that the

change in air quality, resulting from emissions from the installation or major modification, would not cause or contribute to concentrations which would exceed the

maximum allowable increase for a Class I

area, as specified in subsection (11)(A),

Table 1, of this rule. If the permitting authority concurs in the demonstration by the FLM,

the permit shall be denied. 

2. Class I variances. The owner or operator of a proposed installation or major modification may demonstrate to the FLM that

the emissions from the source would have no

adverse impact on the air quality-related values of any federal mandatory Class I area

(including visibility), notwithstanding that

the change in air quality resulting from emissions from the source would cause or contribute to concentrations which would exceed

the maximum allowable increases for a Class

I area. If the FLM concurs with a demonstration and so certifies to the permitting authority, the permitting authority, providing that all

other applicable requirements of this rule are

met, may issue the permit with those emission limitations as may be necessary to assure

that emissions of sulfur dioxide, particulate

matter, and nitrogen dioxide would not

exceed the following maximum allowable

increases over baseline concentration for

these pollutants:

 Maximum

 Allowable

Pollutant Increase

Particulate Matter 2.5 Micron:

Annual arithmetic mean 4

24-hour maximum 9

Particulate Matter 10 Micron:

Annual arithmetic mean 17

24-hour maximum 30

Sulfur Dioxide:

Annual arithmetic mean 20

24-hour maximum 91

3-hour maximum 325

Nitrogen Dioxide:

Annual arithmetic mean 25

Note: Increases are in micrograms per cubic

meter.

3. Sulfur dioxide variance by governor

with FLM’s concurrence. 

A. If the owner or operator of a proposed installation or major modification who

has been denied an FLM’s certification pursuant to paragraph (12)(H)1. of this rule

demonstrates to the governor that the installation or major modification cannot be constructed as a result of any maximum allowable increase for sulfur dioxide for periods of

twenty-four (24) hours or less applicable to

any Class I area and, in the case of federal

mandatory Class I areas, that a variance

under this part would not adversely affect the

air quality-related values of the area (including visibility), then the governor, after consideration of the FLM’s recommendation (if

any) and subject to his/her concurrence, may

grant, after notice and an opportunity for a

public hearing, a variance from these maximum allowable increases. 

B. If a variance is granted, the permitting authority may issue a permit to an installation or major modification in accordance

with the requirements of paragraph (12)(H)5.

of this rule, provided that all other applicable

requirements of this rule are met. 

4. Variance by the governor with the

president’s concurrence. 

A. The recommendations of the governor and the FLM shall be transferred to the

president in any case where the governor recommends a variance in which the FLM does

not concur. 

B. If this variance is approved by the

president pursuant to 42 U.S.C. section

7475(d)(2)(D)(ii), the permitting authority

may issue a permit in accordance with the

requirements of paragraph (12)(H)5. of this

rule provided that all other applicable

requirements of this rule are met. 

5. Emission limitations for presidential

or gubernatorial variance. 

A. In the case of a permit issued pursuant to paragraph (12)(H)3. or 4. of this

rule, the permitting authority shall impose, as

JASON KANDER (2/29/16) CODE OF STATE REGULATIONS 61

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
conditions of the permit, emission limitations

as may be necessary to assure that emissions

of sulfur dioxide from the installation or

major modification (during any day on which

the otherwise applicable maximum allowable

increases are exceeded) will not cause or contribute to concentrations which will exceed

the following maximum allowable increases

over the baseline concentration:

Maximum Allowable Increase 

(micrograms per cubic meter)

Period of Exposure Terrain Areas

 Low High

24-hour maximum 36 62

3-hour 130 221

B. These emission limitations also

shall assure that the emissions will not cause

or contribute to concentrations which exceed

the otherwise applicable maximum allowable

increases for periods of exposure of twentyfour (24) hours or less for more than eighteen

(18) days, not necessarily consecutive, during

any annual period. 

6. The permitting authority shall transmit to the administrator a copy of each permit

application under this subsection (12)(H) of

this rule and provide notice to the administrator of every action related to the consideration of a permit. 

(I) Appendix I, Attainment and Unclassified Area Designations. 

1. Area classification. 

A. The following areas shall be Class

I areas and may not be redesignated: 

(I) Hercules Glade National

Wilderness Area; and 

(II) Mingo National Wilderness

Area. 

B. Any other area, unless specified in

the legislation creating such an area, is initially designated Class II, but may be redesignated as provided in this section. 

C. The following areas may be redesignated only as Class I or II: 

(I) An area which as of August 7,

1977, exceeded ten thousand (10,000) acres in

size and was a national monument, a national

primitive area, a national preserve, a national

recreational area, a national wild and scenic

river, a national wildlife refuge, or a national

lakeshore or seashore; and 

(II) A national park or national

wilderness area established after August 7,

1977, which exceeds ten thousand (10,000)

acres in size. 

2. Area redesignation. 

A. All areas (except as otherwise provided under paragraph (12)(I)1. of this rule)

are designated Class II as of December 5,

1974. Redesignation (except as precluded by

paragraph (12)(I)1. of this rule) may be proposed by the commission as provided in this

rule, subject to approval by the administrator. 

B. The commission may submit to the

administrator a proposal to redesignate areas

of the state as Class I or Class II provided

that—

(I) At least one (1) public hearing

has been held in accordance with procedures

established in sections 643.070 and 643.100,

RSMo; 

(II) Other states and FLMs whose

lands may be affected by the proposed redesignation were notified at least thirty (30) days

prior to the public hearing; 

(III) A discussion of the reasons for

the proposed redesignation, including a satisfactory description and analysis of the health,

environmental, economic, social, and energy

effects of the proposed redesignation, was

prepared and made available for public

inspection at least thirty (30) days prior to the

hearing and the notice announcing the hearing containing appropriate notification of the

availability of that discussion; 

(IV) Prior to the issuance of notice

respecting the redesignation of an area that

includes any federal lands, the commission

has provided written notice to the appropriate

FLM and afforded adequate opportunity (not

in excess of sixty (60) days) to confer with the

commission respecting the redesignation and

to submit written comments and recommendations. In redesignating any area, with

respect to which any FLM had submitted

written comments and recommendations, the

commission shall have published a list of any

inconsistencies between the redesignation and

comments and recommendations (together

with the reasons for making redesignation

against the recommendation of the FLM);

and 

(V) The commission has proposed

the redesignation after consultation with the

elected leadership of local and other substate

general purpose governments in the area covered by the proposed redesignation. 

C. Any area other than an area to

which paragraph (12)(I)1. of this rule refers

may be redesignated Class III if—

(I) The redesignation would meet

the requirements of provisions established in

accordance with subparagraph (12)(I)2.B. of

this rule;

(II) The redesignation has been

approved by the commission and the governor;

(III) The redesignation has been

approved by the governor after consultation

with the appropriate committees of the legislature if it is in session, or with the leadership

of the legislature if it is not in session; 

(IV) General purpose units of local

government, representing a majority of the

residents of the area to be redesignated, adopt

resolutions concurring in the redesignation; 

(V) The redesignation would not

cause or contribute to a concentration of any

air pollutant which would exceed any maximum allowable increase permitted under the

classification of any other area or any national ambient air quality standard; and 

(VI) Any permit application for any

installation or major modification subject to

provisions established in accordance with subparagraph (12)(I)2.A. of this rule which could

receive a permit only if the area in question

were redesignated as Class III and any material submitted as part of that application were

available, insofar as was practicable, for public

inspection prior to any public hearing on

redesignation of any area as Class III. 

3. Area class designations.

Area Class Description

Class I Hercules Glade National

 Wilderness Area 

 Mingo National 

 Wilderness Area 

Class II All areas of the state 

 which are not nonat-

 tainment 

Class III No areas designated

(J) Appendix J, Air Quality Analysis for

Hazardous Air Pollutants. 

1. The director shall maintain a table of

emission threshold levels, risk assessment

levels, and screening model action levels for

hazardous air pollutants. Applicants will not

be required to submit a hazardous air pollutant air quality analysis for applications having a maximum design capacity no more than

the hazardous air pollutant emission threshold levels unless paragraph (12)(J)2. of this

rule applies.

2. Exceptions. The director may require

an air quality analysis for applications if it is

likely that the construction or modification

will result in the discharge of air contaminants in quantities, of characteristics, and of

a duration which directly and proximately

cause or contribute to injury to human, plant,

or animal life or the use of property or complaints filed in the vicinity of the proposed

construction or modification warrant an air

quality analysis.

AUTHORITY: section 643.050, RSMo Supp.

2013.* Original rule filed Dec. 10, 1979,

effective April 11, 1980. Amended: Filed Nov.

10, 1980, effective April 11, 1981. Amended:

Filed Jan. 14, 1981, effective June 11, 1981.

Rescinded and readopted: Filed Nov. 10,

1981, effective May 13, 1982. Amended:

Filed June 14, 1982, effective Dec. 11, 1982.

Amended: Filed Jan. 15, 1985, effective May

11, 1985. Amended: Filed Jan. 6, 1986,

effective May 11, 1986. Amended: Filed April

2, 1987, effective Aug. 27, 1987. Amended:

Filed Jan. 5, 1988, effective April 28, 1988.

Amended: Filed June 2, 1988, effective Sept.

62 CODE OF STATE REGULATIONS (2/29/16) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
29, 1988. Amended: Filed Sept. 6, 1988,

effective Jan. 1, 1989. Amended: Filed Jan.

24, 1990, effective May 24, 1990. Rescinded

and readopted: Filed Sept. 2, 1993, effective

May 9, 1994. Amended: Filed Dec. 15, 1994,

effective Aug. 30, 1995. Amended: Filed Aug.

14, 1997, effective April 30, 1998. Amended:

Filed April 15, 1999, effective Nov. 30, 1999.

Amended: Filed Sept. 4, 2001, effective May

30, 2002. Amended: Filed Aug. 2, 2002,

effective April 30, 2003. Amended: Filed

March 5, 2003, effective Oct. 30, 2003.

Amended: Filed May 17, 2004, effective Dec.

30, 2004. Amended: Filed Oct. 15, 2008,

effective July 30, 2009. Emergency amendment filed Dec. 15, 2010, effective Jan. 3,

2011, expired July 1, 2011. Amended: Filed

Nov. 30, 2010, effective Aug. 30, 2011.

Amended: Filed Jan. 31, 2012, effective Sept.

30, 2012. Amended: Filed March 13, 2013,

effective Oct. 30, 2013. Amended: Filed Aug.

17, 2015, effective March 30, 2016.

*Original authority: 643.050, RSMo 1965, amended 1972,

1992, 1993, 1995, 2011.

10 CSR 10-6.061 Construction Permit

Exemptions

PURPOSE: This rule lists specific construction or modification projects that are not

required to obtain permits to construct under

10 CSR 10-6.060. The evidence supporting

the need for this proposed rulemaking, per

section 536.016, RSMo, is the February 20,

2002 Recommendations from the “Managing

For Results” presentation, the Air Program

Advisory Forum 2001 and 2002 Recommendations and a January 28, 2003 memorandum

to the department’s Air Pollution Control

Program recommending exemption language

changes. 

(1) Applicability. This rule shall apply to all

installations in Missouri. The provisions of

section (3) of this rule notwithstanding, 10

CSR 10-6.060 shall apply to any construction, reconstruction, alteration or modification which—

(A) Is expressly required by an operating

permit; or

(B) Is subject to federally-mandated construction permitting requirements set forth in

sections (7), (8), or (9), or any combination

of these, of 10 CSR 10-6.060.

(2) Definitions. Definitions for certain terms

specified in this rule may be found in 10 CSR

10-6.020.

(3) General Provisions. The following construction or modifications are not required to

obtain a permit under 10 CSR 10-6.060:

(A) Exempt Emission Units.

1. The following combustion equipment

is exempt from 10 CSR 10-6.060 if the equipment emits only combustion products, and

the equipment produces less than one hundred fifty (150) pounds per day of any air

contaminant:

A. Any combustion equipment using

exclusively natural gas or liquefied petroleum

gas or any combination of these with a capacity of less than ten (10) million British thermal units (Btus) per hour heat input;

B. Any combustion equipment with a

capacity of less than one (1) million Btus per

hour heat input;

C. Drying or heat treating ovens with

less than ten (10) million Btus per hour

capacity provided the oven does not emit pollutants other than the combustion products

and the oven is fired exclusively by natural

gas, liquefied petroleum gas, or any combination thereof; and

D. Any oven with a total production

of yeast leavened bakery products of less than

ten thousand (10,000) pounds per operating

day heated either electrically or exclusively

by natural gas firing with a maximum capacity of less than ten (10) million Btus per hour.

2. The following establishments, systems, equipment, and operations are exempt

from 10 CSR 10-6.060:

A. Office and commercial buildings,

where emissions result solely from space

heating by natural or liquefied petroleum gas

of less than twenty (20) million Btus per hour

heat input. Incinerators operated in conjunction with these sources are not exempt unless

the incinerator operations are exempt under

another section of this rule;

B. Comfort air conditioning or comfort ventilating systems not designed or used

to remove air contaminants generated by, or

released from, specific units of equipment;

C. Equipment used for any mode of

transportation;

D. Livestock markets and livestock

operations, including animal feeding operations and concentrated animal feeding operations as those terms are defined by 40 CFR

122.23 and all manure storage and application

systems associated with livestock markets or

livestock operations, that were constructed on

or before November 30, 2003. This exemption

includes any change, installation, construction, or reconstruction of a process, process

equipment, emission unit, or air cleaning

device after November 30, 2003, unless such

change, installation, construction, or reconstruction involves an increase in the operation’s capacity to house or grow animals.

E. Any grain handling, storage, and

drying facility which—

(I) Is in noncommercial use only

(used only to handle, dry, or store grain produced by the owner) if—

(a) The total storage capacity

does not exceed seven hundred fifty thousand

(750,000) bushels;

(b) The grain handling capacity

does not exceed four thousand (4,000)

bushels per hour; and

(c) The facility is located at least

five hundred feet (500') from any recreational area, residence, or business not occupied

or used solely by the owner; 

(II) Is in commercial or noncommercial use and—

(a) The total storage capacity of

the new and any existing facility(ies) does not

exceed one hundred ninety thousand

(190,000) bushels; 

(b) Has an installation of additional grain storage capacity in which there is

no increase in hourly grain handling capacity

and that utilizes existing grain receiving and

loadout equipment; or

(c) Is a temporary installation

used for temporary storage as a result of

exceptional events (e.g., natural disasters or

abundant harvests exceeding available storage

capacity) that meets the following criteria:

I. Outside storage structures

shall have a crushed lime or concrete floor

with retaining walls of either constructed

metal or concrete block. These structures

may be either oval or round and must be covered with tarps while storing grain. These

structures may be filled by portable conveyor

or by spouts added from existing equipment;

II. Existing buildings may be

filled by portable conveyors directly or by

overhead fill conveyors that are already in the

buildings;

III. The potential to emit from

the storage structures is less than one hundred

(100) tons of each pollutant;

IV. The attainment or maintenance of ambient air quality standards is not

threatened; and

V. There is no significant

impact on any Class I area.

F. Restaurants and other retail establishments for the purpose of preparing food

for employee and guest consumption;

G. Any wet sand and gravel production facility that obtains its material from subterranean and subaqueous beds where the

deposits of sand and gravel are consolidated

granular materials resulting from natural disintegration of rock and stone and whose maximum production rate is less than five hundred (500) tons per hour. All permanent

in-plant roads shall be paved and cleaned, or

watered, or properly treated with dust-suppressant chemicals as necessary to achieve

good engineering control of dust emissions.

Only natural gas shall be used as a fuel when

drying;

H. Equipment solely installed for the

purpose of controlling fugitive dust;

JASON KANDER (2/29/16) CODE OF STATE REGULATIONS 63

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

JASON KANDER (2/29/16) CODE OF STATE REGULATIONS 69

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

owner of the property upon which the facility

is located;

H. The facility shall not be located in

an ozone nonattainment area; and

I. Record keeping. The operator shall

maintain the following records and reports:

(I) All material safety data sheets

for all coating materials and solvents;

(II) A monthly report indicating the

days the surface coating operation was in

operation and the total tons emitted during

the month, and the calculation showing compliance with the rolling average emission limits of subparagraph (3)(B)3.D. of this rule; 

(III) A set of example calculations

showing the method of data reduction including units, conversion factors, assumptions,

and the basis of the assumptions; and

(IV) These reports and records

shall be immediately available for inspection

at the installation.

4. Livestock markets and livestock operations. Any livestock market or livestock

operation including animal feeding operations

and concentrated animal feeding operations

as those terms are defined by 40 CFR

122.23, that was constructed after November

30, 2003, and operates in compliance with

the following conditions is permitted under

this rule. In addition, any manure storage and

application system directly associated with

the livestock markets or livestock operations

such that these manure storage and application systems are operated in compliance with

the following conditions are also permitted

under this rule:

A. All facilities shall implement the

following building cleanliness and ventilation

practices:

(I) Buildings shall be cleaned thoroughly between groups of animals;

(II) Manure and spilled feed shall

be scraped from aisles on a regular basis, at

least once per week;

(III) Ventilation fans, louvers, and

cowlings shall be regularly cleaned to prevent

excessive buildup of dust, dirt, or other

debris that impairs performance of the ventilation system;

(IV) Air inlets shall be cleaned regularly to prevent excessive buildup of dust,

dirt, or other debris that reduces airflow

through the inlets;

(V) Ceiling air inlets shall be

adjusted to provide adequate airflow (based

on design ventilation rates) to the building

interior;

(VI) For high-rise structures, the

manure storage area must include engineered

natural or mechanical ventilation. This ventilation must be maintained and cleaned regularly to prevent excessive buildup of dust,

dirt, or other debris that impairs performance

of the ventilation system;

(VII) For deep-bedded structures,

bedding and/or litter used in the animal living

area must be maintained in a reasonably

clean condition. Indications that the bedding

is not reasonably clean include extensive caking, manure coating animals or birds, and the

inability to distinguish bedding material from

manure. Bedding or litter with excessive

manure shall be removed and replaced with

clean bedding or litter; and

(VIII) For automatic feed delivery

systems, feed lines shall have drop tubes that

extend into the feeder to minimize dust generation;

B. All facilities shall implement the following manure storage practices:

(I) Buildings with flush alleys,

scrapers, or manure belts shall be operated to

remove manure on a regular schedule, at least

daily;

(II) Buildings with shallow pits,

four feet (4') deep or less, shall be emptied

on a regular schedule, at least once every

fourteen (14) days;

(III) Feed, other than small

amounts spilled by the animals, shall not be

disposed of in the manure storage system;

(IV) All lagoons shall be regularly

monitored for solids buildup, at least once

every five (5) years. Lagoon sludge shall be

removed and properly disposed of when the

sludge volume equals the designed sludge

volume; and

(V) Manure compost piles or

windrows shall be turned or otherwise mixed

regularly so that the temperature within the

pile or windrow is maintained between one

hundred five degrees Fahrenheit (105 °F) and

one hundred fifty degrees Fahrenheit (150

°F);

C. The operator shall consider wind

direction and velocity when conducting surface land application, and manure shall not

be applied within five hundred (500') feet

from a downwind inhabited residence;

D. Dead animals shall not be disposed of in the manure storage system unless

the system is specifically designed and managed to allow composting of dead animals.

Dead animals shall be removed from buildings daily; and

E. Record keeping. (Not Applicable)

(C) Revocation.

1. A permit-by-rule may be revoked

upon request of the operator or for cause.

For purposes of this paragraph, cause for

revocation exists if—

(I) There is a pattern of unresolved

and repeated noncompliance with the conditions of the permit-by-rule and the operator

has refused to take appropriate action (such

as a schedule of compliance) to resolve the

noncompliance;

(II) The operator has failed to pay a

civil or criminal penalty imposed for violations of the permit-by-rule; or

(III) It is determined through a

technical analysis that emissions from the

source interfere with the attainment or maintenance of ambient air quality standards.

2. Upon revocation of a permit-by-rule

the operator shall obtain a permit, undergoing review under 10 CSR 10-6.060.

(4) Reporting and Record Keeping. In addition to the original notification required by

paragraph (3)(A)2. of this rule, operators

shall maintain records containing sufficient

information to demonstrate compliance with

all applicable permit-by-rule requirements as

specified in subsection (3)(B) of this rule.

These records shall be maintained at the

installation for a minimum of five (5) years,

and shall be made immediately available to

inspectors upon their request. Operators shall

also report to the Air Pollution Control Program, no later than ten (10) days after the end

of the month during which the operation

exceeded any of the permit-by-rule conditions.

(5) Test Methods. (Not Applicable)

AUTHORITY: section 643.050, RSMo 2000.*

Original rule filed March 5, 2003, effective

Oct. 30, 2003. Amended: Filed Sept. 27,

2006, effective May 30, 2007.

*Original authority: 643.050, RSMo 1965, amended 1972,

1992, 1993, 1995.

10 CSR 10-6.065 Operating Permits 

PURPOSE: This rule defines air con taminant

sources which are required to obtain operating permits and establishes procedures for

obtaining and complying with operating permits; it does not establish any air quality

standards or guidelines. 

PUBLISHER’S NOTE:  The secretary of state

has determined that the publication of the

entire text of the material which is incorporated by reference as a portion of this rule would

be unduly cumbersome or expensive.  This

material as incorporated by reference in this

rule shall be maintained by the agency at its

headquarters and shall be made available to

the public for inspection and copying at no

more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) Applicability.

(A) Part 70, Intermediate and Basic State

Installations. This rule shall apply to existing,

modified, reconstructed, and new installations, whether part 70 intermediate or basic

state throughout Missouri. 

(B) Exempt Installations and Emission

Units. The following installations and emission units are exempt from the requirements
70 CODE OF STATE REGULATIONS (2/29/16) JASON KANDER

Secretary of State

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

of this rule unless such units are part 70 or

intermediate installations or are located at

part 70 or intermediate installations. Emissions from exempt installations and emission

units shall be considered when determining if

the installation is a part 70 or intermediate

installation: 

1. Any installation that would be

required to obtain a permit solely because it

is subject to 10 CSR 10-6.070(7)(AAA) Standards of Performance for New Residential

Wood Heaters; 

2. Any installation that would be required

to obtain a permit solely because it is subject

to 10 CSR 10-6.240 or 10 CSR 10-6.250;

3. Single or multiple family dwelling

units for not more than three (3) families;

4. Comfort air conditioning or comfort

ventilating systems not designed or used to

remove air contaminants generated by, or

released from, specific units of equipment;

5. Equipment used for any mode of

transportation;

6. Livestock markets and livestock operations, including animal feeding operations

and concentrated animal feeding operations

as those terms are defined by 40 CFR 122.23

and all manure storage and application systems associated with livestock markets or

livestock operations;

7. Restaurants and other retail establishments for the purpose of preparing food for

employee and guest consumption;

8. Fugitive dust controls unless a control

efficiency can be assigned to the equipment

or control equipment;

9. Equipment or control equipment

which eliminates all emissions to the ambient

air;

10. Equipment, including air pollution

control equipment, but not including an

anaerobic lagoon, that emits odors but no

regulated air pollutants;

11. Residential wood heaters, cookstoves, or fireplaces;

12. Laboratory equipment used exclusively for chemical and physical analysis or

experimentation is exempt, except equipment

used for controlling radioactive air contaminants;

13. Recreational fireplaces;

14. Stacks or vents to prevent the escape

of sewer gases through plumbing traps for

systems handling domestic sewage only. Systems which include any industrial waste do

not qualify for this exemption;

15. Combustion equipment that—

A. Emits only combustion products;

B. Produces less than one hundred

fifty (150) pounds per day of any air contaminant; and

C. Has a maximum rated capacity

of—

(I) Less than ten (10) million British

thermal units (Btus) per hour heat input by

using exclusively natural or liquefied

petroleum gas, or any combination of these;

or

(II) Less than one (1) million Btus

per hour heat input;

16. Office and commercial buildings,

where emissions result solely from space

heaters using natural gas or liquefied

petroleum gas with a maximum rated capacity of less than twenty (20) million Btus per

hour heat input. Incinerators operated in conjunction with these sources are not exempt; 

17. Any country grain elevator that

never handles more than 1,238,657 bushels

of grain during any twelve (12)-month period

and is not located within an incorporated area

with a population of fifty thousand (50,000)

or more. A country grain elevator is defined

as a grain elevator that receives more than

fifty percent (50%) of its grain from producers in the immediate vicinity during the harvest season. This exemption does not include

grain terminals which are defined as grain

elevators that receive grain primarily from

other grain elevators. To qualify for this

exemption, the owner or operator of the facility shall retain monthly records of grain origin and bushels of grain received, processed

and stored for a minimum of five (5) years to

verify the exemption requirements. Monthly

records must be tabulated within seven (7)

days of the end of the month. Tabulated

monthly records shall be made available

immediately to Missouri Department of Natural Resources’ representatives for an

announced inspection or within three (3)

hours for an unannounced visit;

18. Sand and gravel operations that have

a maximum capacity to produce less than

seventeen and one-half (17.5) tons of product

per hour and use only natural gas as fuel

when drying;

19. Noncommercial incineration of dead

animals, the on-site incineration of resident

animals for which no consideration is

received or commercial profit is realized, as

authorized in section 269.020.6, RSMo; and

20. Any asphaltic concrete plant, concrete batching plant, or rock crushing plant

that can be classified as a portable equipment

installation, as defined in 10 CSR 10-6.020.

(C) Prohibitions. 

1. After the effective date of this rule,

no person shall operate a part 70 installation,

intermediate installation, or basic state installation except in compliance with an operating

permit issued by the permitting authority in

accordance with this rule. 

2. Except as specified in this rule or in

the operating permit, it is not a violation of

this rule for a permitted installation to be

operated in ways that are not addressed in,

constrained by, or prohibited by the operating

permit.

(2) Definitions. 

(A) Part 70 installations—Installations to

which the part 70 operating permit requirements of this rule apply, in accordance with

the following criteria: 

1. They emit or have the potential to

emit, in the aggregate, ten (10) tons per year

(tpy) or more of any hazardous air pollutant,

other than radionuclides, or twenty-five (25)

tpy or more of any combination of these hazardous air pollutants or such lesser quantity

as the administrator may establish by rule.

Notwithstanding the preceding sentence,

emissions from any oil or gas exploration or

production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units,

whether or not these units are in a contiguous

area or under common control, to determine

whether these units or stations are subject

installations. For sources of radionuclides,

the criteria shall be established by the administrator; 

2. They emit or have the potential to

emit one hundred (100) tpy or more of any air

pollutant subject to regulation, including all

fugitive air pollutants. The fugitive emissions

of an installation shall not be considered

unless the installation belongs to one (1) of

the source categories listed in 10 CSR 10-

6.020(3)(B), Table 2. Subject to regulation

means, for any air pollutant, that the pollutant is subject to either a provision in the

Clean Air Act or a nationally-applicable regulation codified by the administrator in 40

CFR 50–99, that requires actual control of

the quantity of emissions of that pollutant,

and that such a control requirement has taken

effect and is operative to control, limit, or

restrict the quantity of emissions of that pollutant released from the regulated activity,

except that—

A. Greenhouse gases (GHGs), the air

pollutant defined as the aggregate group of

six (6) greenhouse gases: carbon dioxide,

nitrous oxide, methane, hydrofluorocarbons,

perfluorocarbons, and sulfur hexafluoride,

shall not be subject to regulation unless, as of

July 1, 2011, the GHG emissions are at a stationary source emitting or having the potential to emit one hundred thousand (100,000)

tpy carbon dioxide (CO2) equivalent emissions; and

B. The term tpy CO2 equivalent emissions (CO2e) shall represent an amount of

GHGs emitted and shall be computed by multiplying the mass amount of emissions (tpy),

for each of the six (6) greenhouse gases in the

pollutant GHGs, by the gas’s associated global warming potential published at Table A-1

of 40 CFR 98, Subpart A, promulgated as of

October 30, 2009, and summing the resultant

value for each to compute a tpy CO2e. For

purposes of this rule, prior to July 21, 2014,
JASON KANDER (2/29/16) CODE OF STATE REGULATIONS 71

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

the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or

decomposition of non-fossilized and

biodegradable organic material originating

from plants, animal, or micro-organisms

(including products, by-products, residues,

and waste from agriculture, forestry, and

related industries as well as the non-fossilized

and biodegradable organic fractions of industrial and municipal wastes, including gases

and liquids recovered from the decomposition

of non-fossilized and biodegradable organic

material). Table A-1 is hereby incorporated

by reference in this rule, as published by the

Office of the Federal Register, U.S. National

Archives and Records, 700 Pennsylvania

Avenue NW, Washington, DC 20408. This

rule does not incorporate any subsequent

amendments or additions; 

3. They are located in nonattainment

areas or ozone transport regions.

A. For ozone nonattainment areas,

sources with the potential to emit one hundred (100) tpy or more of volatile organic

compounds or oxides of nitrogen in areas

classified as “marginal” or “moderate,” fifty

(50) tpy or more in areas classified as “serious,” twenty-five (25) tpy or more in areas

classified as “severe,” and ten (10) tpy or

more in areas classified as “extreme”; except

that the references in this paragraph to one

hundred (100), fifty (50), twenty-five (25),

and ten (10) tpy of nitrogen oxides shall not

apply with respect to any source for which

the administrator has made a finding, under

section 182(f)(1) or (2) of the Act, that

requirements under section 182(f) of the Act

do not apply; 

B. For ozone transport regions established pursuant to section 184 of the Act,

sources with the potential to emit fifty (50)

tpy or more of volatile organic compounds; 

C. For carbon monoxide nonattainment areas that are classified as “serious,”

and in which stationary sources contribute

significantly to carbon monoxide levels as

determined under rules issued by the administrator, sources with the potential to emit

fifty (50) tpy or more of carbon monoxide;

and 

D. For particulate matter less than ten

(10) micrometers (PM10) nonattainment areas

classified as “serious,” sources with the

potential to emit seventy (70) tpy or more of

PM10;

4. They are affected sources under Title

IV of the 1990 Act; 

5. They are solid waste incinerators subject to section 129(e) of the Act; 

6. Any installation in a source category

designated by the administrator as a part 70

source pursuant to 40 CFR 70.3; and

7. Installations that would be part 70

sources strictly due to the following criteria

are not subject to part 70 source requirements

until the administrator subjects this installation to these requirements by rule:

A. They are subject to a standard,

limitation, or other requirement under section 111 of the Act, including area sources; or

B. They are subject to a standard or

other requirement under section 112 of the

Act, except that a source, including an area

source, is not required to obtain a permit

solely because it is subject to rules or

requirements under section 112(r) of the Act.

(B) Definitions of certain terms specified

in this rule, other than those defined in this

rule section, may be found in 10 CSR 10-

6.020.

(3) Single, Multiple, or General Permits. 

(A) Pursuant to this section, an installation

must have a permit (or group of permits)

addressing all applicable requirements for all

emissions units in the installation. An installation may comply with this subsection

through any one (1) of the following methods: 

1. The installation may apply for a single permit covering all emissions units located within a contiguous area under common

control (whether or not the installation falls

under the same two (2)-digit Standard Industrial Code (SIC)); 

2. The installation may apply for separate permits for separate emissions units or

groups of emissions units; or 

3. The installation may apply for coverage for one (1) or more emissions units eligible for permitting under a general permit

issued by the permitting authority, and obtain

a separate permit(s) for emissions units not

eligible for general permit coverage.

4. When determining operating permit

classification (part 70, intermediate or basic

state), the installation shall calculate the

potential to emit for the entire installation and

all multiple permits shall be subject to the

same operating permit classification.

(B) Notwithstanding, if the installation is a

basic installation and is subject to 40 CFR

63, Subpart EEE, National Emission Standard for Hazardous Air Pollutants from Hazardous Waste Combustors, the installation

has the option of obtaining a part 70 permit

for the entire installation or a part 70 permit

for the emission unit subject to the maximum

achievable control technology (MACT) and a

basic for the rest of the installation. However,

the part 70 permit for the affected emission

unit must incorporate all applicable requirements that apply to hazardous waste combustion devices, not just those in 40 CFR 63,

Subpart EEE.

(4) Basic State Operating Permits.

(A) Applicability. All basic state installations are subject to this section. 

(B) Notifications. The installation shall file

a notification with the permitting authority.

The following schedules apply: 

1. Initial notifications. All basic state

installations shall file complete operating permit notifications by May 1998;

2. Subsequent notifications. Any installation that becomes subject to this section at

any time after May 1998 shall file a complete

operating permit notification no later than

thirty (30) days after commencement of operations; 

3. Renewal notifications. Installations

subject to this section shall file complete

operating permit notifications for operating

permit renewal at least six (6) months before

the date the current operating permit expires; 

4. Notwithstanding the deadlines established in this subsection, a complete operating permit notification filed at any time shall

be received for processing; and

5. Starting March 30, 2005, all installations that have an active initial or renewal

notification—accepted or with a receipt

stamp—shall be deemed to be accepted and

subject to the respective expiration date on

the notification.

(C) Notifications Review. 

1. After the permitting authority

receives an operating permit notification,

they shall perform a completeness and applicable requirements verification review and, if

the notification is determined to be complete,

shall inform the notifier that the operating

permit is accepted. The permitting authority

will return a copy to the notifier stamped

accepted with an expiration date. This copy

will be kept at the installation to which the

notification pertains.

2. If the permitting authority determines

that an operating permit notification is not

complete, they shall inform the notifier

promptly of the deficiencies in the notification and shall specifically describe required

revisions to the operating permit notification. 

(D) Confidential Information. Operating

permit notifiers may make claims of confidentiality pursuant to 10 CSR 10-6.210, for

information submitted pursuant to this section. 

(E) Filing Fee. Each operating permit notification must be accompanied by a one hundred dollar ($100) filing fee, except for administrative permit amendments as defined in

subparagraph (4)(L)1.A. of this rule. Effective

January 1, 2017, each operating permit notification must be accompanied by a five hundred

dollar ($500) filing fee, except for administrative permit amendments as defined in subparagraph (4)(L)1.A. of this rule.

(F) Certification by Responsible Official.

Operating permit notifications and compliance reports required under this section shall

be signed and certified by a responsible official that the information contained in them is
true, accurate, and complete based on information and belief formed after reasonable

inquiry.

(G) Notification Contents. The permitting

authority shall prepare and make available to

all basic state installations subject to this section an operating permit notification form(s).

The operating permit notification form(s)

shall require a general description of the

installation, all applicable emission limitations and control requirements for each emissions unit at the installation to be permitted

and a reference to the respective emission

point numbers in the Emission Inventory

Questionnaire (EIQ). The notification also

shall require a statement of the installation’s

compliance status with respect to these

requirements and a commitment regarding

the installation’s plans to either attain compliance with these requirements within the time

allowed by law or maintain compliance with

these requirements during the operating permit period.

(H) General Permits. Installations may

apply to operate under any applicable general

permit.

1. Issuance of general permits. General

permits covering similar installations may be

issued by the permitting authority. Basic

installation operating permits are not required

to have public participation; however, citizens

may appeal any action of the director. The

general permit shall indicate a reasonable

time after which an installation that has submitted an application for authorization will be

deemed to be authorized to operate under the

general permit. A general permit shall identify criteria by which installations may be

authorized to operate under the general permit. This criteria must include the following: 

A. Categories of sources covered by

the general permit must be homogeneous in

terms of operations, processes, and emissions;

B. Sources may not be subject to caseby-case standards or requirements; and 

C. Sources must be subject to substantially similar requirements governing

operations, emissions, monitoring, reporting,

and record keeping. 

2. Applications. The permitting authority

shall provide application forms for coverage

under a general permit. General permit applications may deviate from individual permit

applications but shall include all information

necessary to determine qualification for, and

to assure compliance with, the general permit.

The permitting authority shall authorize coverage by the conditions and terms of a general

permit to all installations that apply for and

qualify under the specified general permit criteria. Installations applying for coverage under

a general permit must comply with all the

requirements of this rule, except public participation requirements. 

3. Enforcement. The source shall be subject to enforcement actions for operating without an operating permit if it is determined

later that the source does not qualify for the

conditions and terms of the general permit,

regardless of any application shield provisions.

(I) Compliance Reporting. Operating permit notification forms provided by the permitting authority shall include a compliance

reporting requirement, which shall require a

brief compliance report every five (5) years.

(J) Operating Permit Period. Each operating permit under this section shall be effective for a period of five (5) years. The permit

term shall commence on the date of acceptance.

(K) Off-Permit Changes. Except as provided in paragraph (4)(L)1. of this rule, a

basic state permitted installation may make

any change in its permitted operations, activities, or emissions that are not addressed in,

constrained by, or prohibited by the permit

without obtaining a permit revision. Insignificant activities not addressed in or prohibited

by the permit, shall not be considered to be

constrained by the permit for purposes of the

off-permit provisions of this section. Off-permit changes shall be subject to the following

requirements and restrictions:

1. Compliance with applicable requirements. The change must meet all applicable

requirements of the Act and may not violate

any existing permit term or condition; no permittee may change a permitted installation

without a permit revision, even if the change

is not addressed in or constrained by the permit, if this change is subject to any requirements under Title IV of the Act or is a Title I

modification;

2. Contemporaneous notice, except

insignificant activities. The permittee must

provide contemporaneous written notice of

the change to the permitting authority. This

notice shall not be required for changes that

are insignificant activities under paragraph

(6)(B)3. of this rule. This written notice shall

describe each change, including the date, any

change in emissions, pollutants emitted, and

any applicable requirement that would apply

as a result of the change. Construction permit

determinations requested of the permitting

authority and/or construction permits

obtained under 10 CSR 10-6.060 shall be

deemed to be contemporaneous notice; and

3. Records of changes. The permittee

shall keep a record describing all changes

made at the installation that result in emissions of a regulated air pollutant subject to an

applicable requirement and the emissions

resulting from these changes.

(L) Operating Permit Amendments and

Modifications. 

1. Administrative permit amendments.

A. An administrative permit amendment for a basic state permit is a permit revision that—

(I) Identifies a change in the name,

address, or phone number of any person identified in the permit or provides a similar

minor administrative change at the installation; or

(II) Allows for change in ownership

or operational control of an installation where

no other change in the permit is necessary,

provided that a written agreement containing

a specific date for transfer of permit responsibility, coverage, and liability between the

current and new permittee is submitted to the

permitting authority.

B. Procedures.

(I) The permittee shall request an

administrative permit amendment by letter

with certification by the responsible official.

(II) The permitting authority shall

take final action on a request for an administrative permit amendment within sixty (60)

days after receipt of the request.

(III) The installation may implement the changes addressed in a request for

an administrative permit amendment immediately upon submittal of the request.

2. Operating permit modifications.

Whenever an operating permit notifier or

basic state installation determines, at any

time after an operating permit notification

has been submitted or an operating permit

notification has been accepted by the permitting authority, that the notification or operating permit contains false, misleading, incorrect, or incomplete information, the owner or

operator of the installation shall submit an

amendment to the notification or operating

permit promptly to the permitting authority.

Whenever the permitting authority determines that an operating permit fails to include

or inadequately implements any applicable

requirement, including any new requirement

promulgated after the permitting authority’s

acceptance of the operating permit, the permitting authority shall inform the installation

of this requirement and direct the installation

to prepare and submit a notification or operating permit amendment. 

(M) Compliance Demonstrations. The permitting authority, at any time when an operating permit notification is pending or after

an operating permit has been accepted, may

require the installation to demonstrate compliance with applicable requirements. If the

installation fails to comply with this request,

or fails to demonstrate compliance, the installation will be subject to the same enforcement

provisions as established under the part 70

state operating permits of section (6) of this

rule. 

(N) State Enforcement. All terms of an

operating permit shall be enforceable by the

permitting authority. The permitting authority

is authorized, for enforcement purposes, to

enter and inspect basic state installations at

72 CODE OF STATE REGULATIONS (2/29/16) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
reasonable times and upon the presentation of

proper credentials. The owner or operator

will provide the representative of the permitting authority the stamped copy of the operating permit notification or general permit

upon entry. 

(O) Federal Enforceability. Any terms of

an accepted operating permit which are based

on applicable requirements contained in the

federally-approved State Implementation Plan

(SIP) or any other federal applicable requirements are federally enforceable. 

(P) Operational Flexibility. Nothing in this

section shall be construed to inhibit the operation of a basic state installation with respect

to any operations, activities, or emissions not

addressed in, constrained by, or prohibited by

the operating permit accepted by the permitting authority. 

(Q) Public Availability. Operating permit

notifications, accepted operating permits, and

compliance reports under this section shall be

maintained in a file available to the public for

inspection and copying, except to the extent

confidential treatment has been granted at the

request of the basic state installation. 

(R) Construction Permits or Auth or iza -

tions Not Affected. The requirements of this

section shall not affect the obligation of any

basic state installation to obtain a permit or

authorization for any construction activity at

the basic state installation which is subject to

10 CSR 10-6.060 Construction Permits

Required. 

(5) Intermediate State Operating Permits.

(A) Applicability. All intermediate installations are subject to the requirements of this

section.

(B) Permit Notification/Applications.

1. Timely notification/applications.

A. All notifications/applications will

be submitted in duplicate. Intermediate installations shall file initial notifications/applications on the following schedule: 

(I) Initial notification. All installations shall file complete notifications by July

1996, with one (1) exception allowed as follows: Intermediate installations that have

actual emissions (as defined in 10 CSR 10-

6.020(2)(A)4.) less than fifty percent (50%)

of the part 70 installation threshold levels

(refer to the definition section of this rule for

part 70 installation threshold levels) shall file

complete notifications by May 1997;

(II) Subsequent application.

(a) Any installation that becomes

subject to this section at any time between

July 1996 and March 2005, shall file a complete application no later than thirty (30) days

after the commencement of operations.

(b) Any installation that becomes

subject to this section at any time following

March 2005, shall file a complete application

no later than ninety (90) days after the commencement of operations.

(c) If an installation already has

an issued part 70 operating permit, the installation is subject to the requirements of the

part 70 operating permit and intermediate

application until the intermediate permit is

issued and the part 70 operating permit is terminated;

(III) Renewal application. Installations subject to this section shall file complete applications for renewal of the operating

permits at least six (6) months before the date

of permit expiration. In no event shall this

time be greater than eighteen (18) months;

(IV) Unified review. An installation

subject to this section required to have a construction permit under 10 CSR 10-6.060 may

submit a complete application for an operating

permit or permit modification for concurrent

processing as a unified review. An operating

permit submitted for concurrent processing

shall be submitted with the applicant’s construction permit application, or at a later time

as the permitting authority may allow, provided that the total review period does not extend

beyond eighteen (18) months. An installation

that is required to obtain a construction permit

under 10 CSR 10-6.060 and that, in writing,

has not chosen to undergo unified review, shall

file a complete operating permit application,

permit amendment, or modification application separate from the construction permit

application within ninety (90) days after commencing operation; 

(V) Application/notification expirations. Starting March 30, 2005—

(a) Installations that have an

active initial or renewal application with a

receipt stamp shall—

I. Be deemed to have submitted the initial or renewal application; and 

II. Submit a renewal application, as identified in paragraph (5)(B)3. of

this rule, six to eighteen (6–18) months prior

to the expiration date of the permit issued

according to subsection (5)(E) of this rule; 

(b) Installations that have an

accepted notification shall submit a renewal

application as identified in paragraph (5)(B)3.

of this rule, six to eighteen (6–18) months

prior to the expiration date; and

(c) Installations that have an initial or renewal notification—accepted or with

a receipt stamp, but that is expired—shall still

submit a renewal application as identified in

paragraph (5)(B)3. of this rule; and

(VI) Notwithstanding the deadlines

established in this subsection, a complete initial notification/application filed at any time

shall be accepted for processing. 

B. Complete application.

(I) The permitting authority shall

review each application for completeness and

shall inform the applicant within sixty (60)

days if the application is not complete. In

order to be complete, an application must

include a completed application form and, to

the extent not called for by the form, the

information required in paragraph (5)(B)3. of

this rule.

(II) If the permitting authority does

not notify the installation within sixty (60)

days after receipt that its application is not

complete, the application shall be deemed

complete. However, nothing in this subsection shall prevent the permitting authority

from requesting additional information that is

reasonably necessary to process the application. 

(III) The permitting authority shall

maintain a checklist to be used for the completeness determination. A copy of the checklist identifying the application’s deficiencies

shall be provided to the applicant along with

the notice of incompleteness. 

(IV) If, while processing an application that has been determined or deemed to

be complete, the permitting authority determines that additional information is necessary to evaluate or take final action on that

application, the permitting authority may

request this additional information be in writing. In requesting this information, the permitting authority shall establish a reasonable

deadline for a response. 

(V) In submitting an application for

renewal of an operating permit, the applicant

may identify terms and conditions in the previous permit that should remain unchanged,

and may incorporate by reference those portions of the existing permit (and the permit

application and any permit amendment or

modification applications) that describe products, processes, operations, and emissions to

which those terms and conditions apply. The

applicant must identify specifically and list

which portions of the previous permit or

applications, or both, are incorporated by reference. In addition, a permit renewal application must contain—

(a) Information specified in paragraph (5)(B)3. of this rule for those products,

processes, operations, and emissions—

I. That are not addressed in

the existing permit; 

II. That are subject to applicable requirements which are not addressed in

the existing permit; or 

III. For which the applicant

seeks permit terms and conditions that differ

from those in the existing permit; and 

(b) A compliance plan and certification as required in parts (6)(B)3.I.(I)–

(IV) and subparagraph (6)(B)3.J. of this rule. 

C. Confidential information. An

applicant may make claims of confidentiality

pursuant to 10 CSR 10-6.210, for information submitted pursuant to this section. The

applicant shall also submit a copy of this

JASON KANDER (2/29/16) CODE OF STATE REGULATIONS 73

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
information directly to the administrator, if

the permitting authority requests that the

applicant do so.

D. Filing fee. Each operating permit

application must be accompanied by a one

hundred dollar ($100) filing fee, except for

administrative permit amendments. Effective

January 1, 2017, the filing fee is determined

using a tiered system based on the complexity

of the permit. The total filing fee is the base

fee added to the sum of all applicable complexity fee items the facility is subject to at

the time the permit application is submitted.

This tiered system for calculating the operating permit filing fee applies to initial and

renewal applications for permits. To calculate

the application filing fee, use the following

formula: 

Total filing fee = (base fee) + (total additional complexity fee)

Where: 

Total filing fee = amount due upon filing of

operating permit application, not to exceed six

thousand dollars ($6,000) (regardless of calculated amount).

Base fee = determine using Table 1

Total additional complexity fee = determine

using Table 2

2. Duty to supplement or correct application. Any applicant who fails to submit any

relevant facts, or who has submitted incorrect

information in a permit application, upon

becoming aware of this failure or incorrect

submittal, shall promptly submit supplementary facts or corrected information. In addition, an applicant shall provide additional

information, as necessary, to address any

requirements that become applicable to the

installation after the date an application is

deemed complete, but prior to issuance or

validation of the permit, whichever is later. 

3. Standard application form and

required information. The permitting authority shall prepare and make available to all

intermediate installations subject to this section an operating permit application form(s).

The operating permit application form(s)

shall require a general description of the

installation and the installation’s processes

and products, emissions-related information,

and all applicable emission limitations and

control requirements for each emissions unit

at the installation to be permitted. The notification also shall require a statement of the

installation’s compliance status with respect

to these requirements and a commitment

regarding the installation’s plans to either

attain compliance with these requirements

within the time allowed by law or maintain

compliance with these requirements during

the operating permit period. An applicant

shall submit an application package consisting of the standard application form, emission inventory questionnaire, compliance

plan, and compliance certification as identified in subparagraphs (6)(B)3.A.–H., parts

(6)(B)3.I.(I)–(IV) and subparagraph

(6)(B)3.J. of this rule.

4. Certification by responsible official.

Any application form, report, or compliance

certification submitted pursuant to this rule

shall contain certification by a responsible

official of truth, accuracy, and completeness.

This certification, and any other certification,

shall be signed by a responsible official and

shall contain the following language: “I certify, based on information and belief formed

after reasonable inquiry, the statements and

information in the document are true, accurate, and complete.”

5. Single, multiple, or general permits.

Pursuant to section (5) of this rule, an installation must have a permit (or group of permits) addressing all applicable requirements

for all emission units in the installation. An

installation may comply with this subsection

through any one (1) of the methods identified

in paragraphs (3)(A)1.–4. of this rule.

(C) Permit Content.

1. Standard permit requirements. Every

operating permit issued pursuant to this

section shall contain all requirements applicable to the installation at the time of issuance,

as identified in parts (6)(C)1.A.(I) and

(III), subparagraphs (6)(C)1.B. and D.,

part (6)(C)1.C.(I), subpart (6)(C)1.C.(II)(a),

item (6)(C)1.C.(II)(b)I., subparts

(6)(C)1.C.(III)(d) and (e), subparagraphs

(6)(C)3.A. through D., and paragraphs

(6)(C)5. and 7. of this rule.

A. General requirements. 

(I) The permittee must comply with

all the terms and conditions of the permit.

Any noncompliance with a permit condition

constitutes a violation and is grounds for

enforcement action, permit termination, permit revocation and reissuance, permit modification, or denial of a permit renewal application. Note: The grounds for termination of a

permit under this part of the rule are the same

as the grounds for revocation as stated in part

(6)(E)8.A.(I) of this rule.

(II) It shall not be a defense in an

enforcement action that it would have been

necessary for the permittee to halt or reduce

the permitted activity in order to maintain

compliance with the conditions of the permit.

(III) The permit may be modified,

revoked, reopened, reissued, or terminated

for cause. Except as provided for minor permit modifications, the filing of an application

or request for a permit modification, revocation and reissuance, or termination, or the filing of a notification of planned changes or

anticipated noncompliance, does not stay any

permit condition. 

(IV) The permit does not convey

any property rights of any sort, or grant any

exclusive privilege. 

(V) The permittee shall furnish to

the permitting authority, upon receipt of a

written request and within a reasonable time,

any information that the permitting authority

reasonably may require to determine whether

cause exists for modifying, reopening, reissuing, or revoking the permit or to determine

compliance with the permit. Upon request,

the permittee also shall furnish to the permitting authority copies of records required to be

kept by the permittee. The permittee may

make a claim of confidentiality for any information or records submitted under this paragraph of this rule.

(VI) Failure to comply with the

limitations and conditions that qualify the

installation for an intermediate permit make

the installation subject to the provisions of

section (6) of this rule and enforcement

action for operating without a valid part 70

operating permit.

B. Reporting requirements. With

respect to reporting, the permit shall incorporate all applicable reporting requirements and

require the following:

(I) The frequency the permittee

shall submit a report of any required monitoring. To the extent possible, the schedule for

submission of these reports shall be timed to

coincide with other periodic reports required

of the permittee;

74 CODE OF STATE REGULATIONS (2/29/16) JASON KANDER

Secretary of State

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

Table 1: Base fee 

Number of Emission Units Base Fee 

0 to 30 $ 750 

31 to 60 $1,000 

61 to 90 $1,250 

Over 91 $1,500 

Table 2: Worksheet for installation additional complexity fee calculations 

Complexity 

Category 

Calculation 

Number per 

installation x Fee = 

Additional 

complexity 

fee subtotal 

New Source 

Performance 

Standard (NSPS) 

_________ x $1,000 = _________ 

Maximum 

Achievable Control 

Technology 

(MACT) 

_________ x $1,500 = _________ 

National Emissions 

Standards for 

Hazardous Air 

Pollutants 

(NESHAP) 

_________ x $1,500 = _________ 

Compliance 

Assurance 

Monitoring (CAM) 

_________ x $1,000 = _________ 

Confidentiality 

Request _________ x $500 = _________ 

Acid Rain _________ x $500 = _________ 

Total additional complexity fee $ 
(II) Each report submitted under

part (5)(C)1.B.(I) of this rule shall identify

any deviations from permit requirement,

since the previous report, that have been

monitored by the monitoring systems

required under the permit, and any deviations

from the monitoring, record-keeping, and

reporting requirements of the permit;

(III) In addition to annual monitoring reports, each permittee shall be required

to submit supplemental reports as indicated

in subpart (6)(C)1.C.(III)(c) of this rule. All

reports of deviations shall identify the cause

or probable cause of the deviations and any

corrective actions or preventative measures

taken and follow the procedures identified in

subpart (6)(C)1.C.(III)(c) of this rule.

C. Reasonably anticipated operating

scenarios. The permit shall include terms and

conditions for reasonably anticipated operating scenarios identified by the applicant and

approved by the permitting authority. The permit shall authorize the permittee to make

changes among alternative operating scenarios authorized in the permit without notice,

but shall require the permittee, contemporaneous with changing from one (1) operating

scenario to another, to record in a log at the

permitted installation the scenario under

which it is operating.

2. Federally-enforceable conditions.

Any voluntary provisions issued under this

section of the rule, designed to limit an installation’s potential to emit, shall be designated

federally-enforceable by the permitting

authority. Any terms and conditions so designated are required to—

A. Be at least as stringent as any other

applicable limitations and requirements contained in the implementation plan or enforceable under the implementation plan. The permitting authority may not waive or make less

stringent any limitations or requirements contained in the implementation plan, or that are

otherwise federally-enforceable (for example,

standards established under sections 111 or

112 of the Act) in the operating permit; 

B. Be permanent, quantifiable, and

otherwise enforceable as a practical matter;

and 

C. Follow the public participation

procedures of section (7) of this rule.

3. Compliance certification. The permit

must include requirements for certification of

compliance with terms and conditions contained in the permit that are federally enforceable, including emissions limitations, standards, or work practices. The permit shall

specify the information identified in subparts

(6)(C)3.E.(I)–(III) and (V)–(VI) of this rule.

4. General permits. Installations may

apply to operate under any general permit. 

A. Issuance of general permits. General permits covering similar installations

may be issued by the permitting authority

after notice and opportunity for public participation under section (7). The general permit

shall indicate a reasonable time after which

an installation that has submitted an application for authorization will be deemed to be

authorized to operate under the general permit. A general permit shall identify criteria

by which installations may be authorized to

operate under the general permit. This criteria must include the following: 

(I) Categories of sources covered

by the general permit must be homogeneous

in terms of operations, processes, and emissions; 

(II) Sources may not be subject to

case-by-case standards or requirements; and 

(III) Sources must be subject to

substantially similar requirements governing

operations, emissions, monitoring, reporting,

and record keeping. 

B. Applications. The permitting

authority shall provide application forms for

coverage under a general permit. General

permit applications may deviate from individual permit applications but shall include all

information necessary to determine qualification for, and to assure compliance with, the

general permit. The permitting authority

shall authorize coverage by the conditions and

terms of a general permit to all installations

that apply for and qualify under the specified

general permit criteria. Installations applying

for coverage under a general permit must

comply with all the requirements of this rule,

except public participation requirements. 

C. Public participation. Although

public participation under section (7) of this

rule is necessary for the issuance of a general

permit, the permitting authority may authorize an installation to operate under general

permit terms and conditions without repeating the public participation procedures.

D. Enforcement. The source shall be

subject to enforcement actions for operating

without an operating permit if it is determined later that the source does not qualify

for the conditions and terms of the general

permit.

5. Off-permit changes. Except as provided in subparagraph (5)(C)5.A. of this

rule, an intermediate permitted installation

may make any change in its permitted installation’s operations, activities, or emissions

that is not addressed in, constrained by, or

prohibited by the permit without obtaining a

permit revision. Off-permit changes shall be

subject to the following requirements and

restrictions:

A. Compliance with applicable

requirements. The change must meet all

applicable requirements of the Act and may

not violate any existing permit term or condition; no permittee may change a permitted

installation without a permit revision, even if

the change is not addressed in or constrained

by, the permit, if this change is a Title I modification. Please Note: Changes at the installation which affect the emission limitation(s)

classifying the installation as an intermediate

source (add additional equipment to the

record keeping requirements, increase the

emissions above major source level) do not

qualify for off-permit changes;

B. Contemporaneous notice. The permittee must provide contemporaneous written

notice of the change to the permitting authority and to the administrator. This written

notice shall describe each change, including

the date, any change in emissions, pollutants

emitted and any applicable requirement that

would apply as a result of the change; and

C. Record of changes. The permittee

shall keep a record describing all changes

made at the installation that result in emissions of a regulated air pollutant subject to an

applicable requirement and the emissions

resulting from these changes.

6. Federal enforceability. Any terms of

an issued operating permit which are based

on applicable requirements contained in the

federally-approved State Implementation Plan

(SIP) or any other applicable federal requirements are federally enforceable.

(D) Unified Review. The installation shall

submit the operating permit application and

unified review shall follow the procedures

identified in subsection (6)(D) of this rule.

(E) Permit Issuance, Renewal, Reopenings,

and Revisions. The complete intermediate

operating permit, permit modification, or

permit renewal applications and permits shall

be subject to the criteria identified in paragraphs (6)(E)4. and 8.–11. of this rule.

1. Action on application. 

A. The intermediate operating permit, permit modification or permit renewal

applications shall follow the procedures identified in subparagraphs (6)(E)1.A.–C. and G.

of this rule.

B. Except as provided in this subsection of the rule, the permitting authority shall

take final action on each application for an

intermediate operating permit within eighteen

(18) months after receiving a complete application. Final action on each application for a

significant permit modification or permit

renewal shall be taken within six (6) months

after receipt of a complete application. For

renewals, the installation shall remain subject

to the conditions of the current permit until

the renewal permit is issued. New sources are

subject to section (6) of this rule until an

intermediate permit is issued, even if the permitting authority does not act within the time

frames specified in this rule. For each application the permitting authority shall submit a

draft permit for public participation under

section (7) of this rule no later than thirty

(30) days before the deadline for final action

established in this section. 

JASON KANDER (2/29/16) CODE OF STATE REGULATIONS 75

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
C. Following the end of the public

comment period, the permitting authority

shall issue or deny the permit, permit modification, or permit renewal.

2. Permit renewal and expiration.

A. Renewal application requirements.

Applications for permit renewals shall be

subject to the same procedural requirements,

including public participation and affected

state comment, that apply to initial permit

issuance. The permitting authority, in issuing

a permit or renewal permit, may identify

those portions that are proposed to be

revised, supplemented, or deleted.

B. Timely application. An installation’s right to operate shall terminate upon

the expiration of the permit, unless a complete permit renewal application is submitted

at least six (6) months before the date of expiration, or unless the permitting authority

takes final action approving an application for

a permit renewal by the expiration date.

C. Extension of expired permits. If a

timely and complete application for a permit

renewal is submitted, but the permitting

authority fails to take final action to issue or

deny the renewal permit before the end of the

term of the previous permit, the previous permit shall not expire until the renewal permit

is issued or denied. 

3. Operating permit amendments/modifications. 

A. Administrative permit amendments are defined and shall follow the procedures identified in subparagraphs (6)(E)4.A.

and C. of this rule.

B. Permit modifications are defined as

any revision to an intermediate operating permit which is not an administrative permit

amendment under subparagraph (5)(E)2.A.

of this rule. An applicant for a permit modification shall adhere to all the relevant

requirements for an initial permit application

under section (5) of this rule, as well as

requirements for public participation under

section (7) of this rule, except—

(I) The applicant should use the

form for a permit modification application,

rather than the form for an initial permit

issuance; and

(II) The permitting authority will

complete review of the permit modification

applications within nine (9) months after

receipt of a complete application.

4. Reopening permits for cause.

A. Cause to reopen. An intermediate

operating permit shall be reopened for cause

if:

(I) The permitting authority determines that the permit contains a material mistake or that inaccurate statements were made

in establishing the emissions limitations standards or other terms of the permit;

(II) Additional applicable requirements under the Act become applicable to the

installation; however, reopening on this

ground is not required as identified in subparts (6)(E)6.A.(III)(a)–(c) of this rule; or

(III) The permitting authority or

the administrator determines that the permit

must be reopened and revised to assure compliance with applicable requirements.

B. The notices, procedures for

issuance, and deadlines will follow the criteria in subparagraphs (6)(E)6.B.–D. and F. of

this rule.

(F) Permit Review by the Administrator

and Affected States.

1. Notice of draft actions. The permitting authority will give notice of each draft

permit, modified permit, and renewed permit

to the administrator and any affected state on,

or before, the time that the permitting authority provides notice to the public, except in the

case of minor permit modifications. The

administrator and affected states may comment on the draft permit action during the

period allowed for public comment, as shall

be set forth in a notice to the administrator

and affected states.

2. Written response to comments. The

permitting authority will provide a written

response to the public comments received

from the administrator and affected states to

the installation and all other parties which

submitted comments during the public comment period as described in section (7) of this

rule prior to issuing the operating permit.

(6) Part 70 Operating Permits.

(A) Applicability. All part 70 installations

are subject to this section. 

(B) Permit Applications. 

1. Duty to apply. 

A. Timely application. 

(I) Part 70 installations shall file

initial applications on the following schedule: 

(a) The permit registry. 

I. The permitting authority

shall create and maintain a permit issuance

registry that part 70 installations may apply in

writing to be placed on. The request must

identify a specific year of initial issuance.

The registry will identify by year when the

permitting authority expects to issue the

operating permit. 

II. The registry will be opened

for three (3) months after the effective date of

this rule. The registry will be filled on a firstcome, first-served basis, judged by the

stamped “Received” date by the permitting

authority.

III. The permitting authority

will assign installations that do not make a

specific request to the registry at the permitting authority’s discretion as necessary to

meet a one-third (1/3) per year for three (3)

years permit issuance schedule following the

administrator’s approval of the operating permit program. 

IV. The permitting authority

may exercise discretion in reassigning applicants on the registry by accepting applicants

after the close of the registry, and taking into

consideration staff resources, complexity of

applicant’s operations, distribution of multiple installations under common control, and

amount and nature of the air contaminants;

and 

(b) Initial application submittal

schedule. 

I. Installations scheduled to

receive their operating permit within the first

year of the registry shall file complete applications by July 1996.

II. All other installations shall

file complete applications by May 1996.

(II) Any installation that becomes

subject to this section after May 9, 1994,

shall file a complete application no later than

twelve (12) months following either the

administrator’s approval of the operating permit program or the commencement of operations, whichever is later. 

(III) A complete initial application

filed at any time shall be accepted for processing. However, acceptance of an application does not relieve the applicant of his/her

liability for submitting an untimely application. 

(IV) An installation subject to this

section required to meet section 112(g) of the

Act, or to have a construction permit under

10 CSR 10-6.060 may submit a complete

application for an operating permit or permit

modification for concurrent processing as a

unified review. An operating permit application submitted for concurrent processing

shall be submitted with the applicant’s construction permit application, or at a later

time as the permitting authority may allow,

provided that the total review period does not

extend beyond eighteen (18) months. An

installation that is required to obtain a construction permit under 10 CSR 10-6.060 and

who, in writing, has not chosen to undergo

unified review, shall file a complete operating permit application, permit amendment,

or modification application separate from the

construction permit application within twelve

(12) months after commencing operation. 

(V) Installations subject to this section shall file complete applications for

renewal of the operating permits at least six

(6) months before the date of permit expiration. In no event shall this time be greater

than eighteen (18) months.

(VI) Installations subject to this

section required to submit applications for

initial phase II acid rain permits shall submit

complete applications to the permitting

authority by January 1, 1996, for sulfur dioxide, and by January 1, 1998 for nitrogen

oxides. 

B. Complete application. 

76 CODE OF STATE REGULATIONS (2/29/16) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
(I) The permitting authority shall

review each application for completeness and

shall inform the applicant within sixty (60)

days if the application is not complete. In

order to be complete, an application must

include a completed application form and, to

the extent not called for by the form, the

information required in paragraph (6)(B)3. of

this rule. 

(II) If the permitting authority does

not notify the installation within sixty (60)

days after receipt that its application is not

complete, the application shall be deemed

complete. However, nothing in this subsection

shall prevent the permitting authority from

requesting additional information that is reasonably necessary to process the application. 

(III) The permitting authority shall

maintain a checklist to be used for the completeness determination. A copy of the checklist identifying the application’s deficiencies

shall be provided to the applicant along with

the notice of incompleteness. 

(IV) If, while processing an application that has been determined or deemed to

be complete, the permitting authority determines that additional information is necessary to evaluate or take final action on that

application, the permitting authority may

request this additional information be in writing. In requesting this information, the permitting authority shall establish a reasonable

deadline for a response. 

(V) In submitting an application for

renewal of an operating permit, the applicant

may identify terms and conditions in the previous permit that should remain unchanged,

and may incorporate by reference those portions of the existing permit (and the permit

application and any permit amendment or

modification applications) that describe products, processes, operations, and emissions to

which those terms and conditions apply. The

applicant must identify specifically and list

which portions of the previous permit or

applications, or both, are incorporated by reference. In addition, a permit renewal application must contain— 

(a) Information specified in paragraph (6)(B)3. of this rule for those products,

processes, operations, and emissions—

I. That are not addressed in

the existing permit; 

II. That are subject to applicable requirements which are not addressed in

the existing permit; or 

III. For which the applicant

seeks permit terms and conditions that differ

from those in the existing permit; and 

(b) A compliance plan and certification as required in subparagraphs

(6)(B)3.I. and J. of this rule. 

C. Confidential information. If an

applicant submits information to the permitting authority under a claim of confidentiality

pursuant to 10 CSR 10-6.210, the applicant

shall also submit a copy of this information

directly to the administrator, if the permitting

authority requests that the applicant do so. 

D. Filing fee. Each application must

be accompanied by a one hundred dollar

($100) filing fee. Effective January 1, 2017,

the filing fee is determined using a tiered system based on the complexity of the permit.

The total filing fee is the base fee added to

the sum of all applicable complexity fee items

the facility is subject to at the time the permit

application is submitted. This tiered system

for calculating the operating permit filing fee

applies to initial and renewal applications for

permits. To calculate the application filing

fee, use the following formula: 

Total filing fee = (base fee) + (total additional complexity fee)

Where: 

Total filing fee = amount due upon filing of

operating permit application, not to exceed

six thousand dollars ($6,000) (regardless of

calculated amount).

Base fee = determine using Table 1

Total additional complexity fee = determine

using Table 2

2. Duty to supplement or correct application. Any applicant who fails to submit any

relevant facts, or who has submitted incorrect

information in a permit application, upon

becoming aware of this failure or incorrect

submittal, shall promptly submit supplementary facts or corrected information. In addition, an applicant shall provide additional

information, as necessary, to address any

requirements that become applicable to the

installation after the date an application is

deemed complete, but prior to issuance or

validation of the permit, whichever is later. 

3. Standard application form and

required information. An applicant shall submit an application package consisting of the

standard application form, emission inventory

questionnaire, compliance plan, and compliance certification. The application package

must include all information needed to determine applicable requirements. The application

must include information needed to determine

the applicability of any applicable requirement. The applicant shall submit the information called for by the application form for each

emissions unit at the installation to be permitted, except for insignificant activities. An

activity cannot be listed as insignificant if the

activity has an applicable requirement. The

installation shall provide a list of any insignificant activities that are exempt because of size

or production rate. Any insignificant activity

required to be listed in the application also

must list the approximate number of activities

included (for example, twenty (20) leaky

valves) and the estimated quantity of emissions associated. The application must

include any other information, as requested

by the permitting authority, to determine the

insignificant activities have no applicable

requirements. Information reported in the

permit application which does not result in

the specification of any permit limitation,

term, or condition with respect to that information (including, but not limited to, information identifying insignificant activities),

shall not in any way constrain the operations,

activities, or emissions of a permitted installation, except as otherwise provided in this

section. The standard application form (and

any attachments) shall require that the following information be provided: 

A. Identifying information. The applicant’s company name and address (or plant

name and address if different from the company name), the owner’s name and state registered agent, and the telephone number and

name of the plant site manager or other contact person; 

B. Processes and products. A description of the installation’s processes and products (by two (2)-digit Standard Industrial Classification Code (SIC)), including those

associated with any reasonably anticipated

operating scenarios identified by the applicant;

JASON KANDER (2/29/16) CODE OF STATE REGULATIONS 77

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

Table 1: Base fee 

Number of Emission Units Base Fee 

0 to 30 $ 750 

31 to 60 $1,000 

61 to 90 $1,250 

Over 91 $1,500 

Table 2: Worksheet for installation additional complexity fee calculations 

Complexity 

Category 

Calculation 

Number per 

installation x Fee = 

Additional 

complexity 

fee subtotal 

New Source 

Performance 

Standard (NSPS) 

_________ x $1,000 = _________ 

Maximum 

Achievable Control 

Technology 

(MACT) 

_________ x $1,500 = _________ 

National Emissions 

Standards for 

Hazardous Air 

Pollutants 

(NESHAP) 

_________ x $1,500 = _________ 

Compliance 

Assurance 

Monitoring (CAM) 

_________ x $1,000 = _________ 

Confidentiality 

Request _________ x $500 = _________ 

Acid Rain _________ x $500 = _________ 

Total additional complexity fee $ 
C. Emissions-related information.

The following emissions-related information

on the emissions inventory forms: 

(I) All emissions of pollutants for

which the installation is a part 70 source, and

all emissions of any other regulated air pollutants. The permit application shall describe

all emissions of regulated air pollutants emitted from each emissions unit, except as provided for by section (6) of this rule. The

installation shall submit additional information related to the emissions of air pollutants

sufficient to verify which requirements are

applicable to the installation; 

(II) Identification and description

of all emissions units whose emissions are

included in part (6)(B)3.C.(I) of this rule, in

sufficient detail to establish the applicability

of any and all requirements; 

(III) Emissions rates in tons per

year and in such terms as are necessary to

establish compliance consistent with the

applicable standard reference test method, if

any; 

(IV) The following information to

the extent needed to determine or regulate

emissions including: fuels, fuel use, raw

materials, production rates, and operating

schedules; 

(V) Identification and description

of air pollution control equipment; 

(VI) Identification and description

of compliance monitoring devices or activities; 

(VII) Limitations on installation

operations affecting emissions or any work

practice standards, where applicable, for all

regulated pollutants; 

(VIII) Other information required

by any applicable requirement (including

information related to stack height credit limitations developed pursuant to section 123 of

the Act); and 

(IX) Calculations on which the

information in parts (6)(B)3.C.(I)–(VIII) of

this rule is based; 

D. Air pollution control information.

The following air pollution control information: 

(I) Citation and description of all

applicable requirements; and 

(II) Description of, or reference to,

any applicable test method for determining

compliance with each applicable requirement; 

E. Applicable requirements information. Other specific information required

under the permitting authority’s regulations

to implement and enforce other applicable

requirements of the Act or of these rules, or

to determine the applicability of these

requirements; 

F. Alternative emissions limits. If the

SIP allows an installation to comply through

an alternative emissions limit or means of

compliance, the applicant may request that

such an alternative limit or means of compliance be specified in the permit. The applicant

must demonstrate that any such alternative is

quantifiable, accountable, enforceable, and

based on replicable procedures. The applicant shall propose permit terms and conditions to satisfy these requirements in the

application; 

G. Proposed exemptions. An explanation of any proposed exemptions from otherwise applicable requirements; 

H. Proposed reasonably anticipated

operating scenarios. Additional information,

as determined necessary by the permitting

authority, to define reasonably anticipated

operating scenarios identified by the applicant for emissions trading or to define permit

terms and conditions implementing operational flexibility; 

I. Compliance plan. A compliance

plan that contains all of the following: 

(I) A description of the compliance

status of the installation with respect to all

applicable requirements; 

(II) A description as follows: 

(a) For applicable requirements

with which the installation is in compliance,

a statement that the installation will continue

to comply with these requirements; 

(b) For applicable requirements

that will become effective during the permit

term, a statement that the installation will

comply with these requirements on a timely

basis; and 

(c) For any applicable requirements with which the installation is not in

compliance at the time of permit issuance, a

narrative description of how the installation

will achieve compliance with these requirements; 

(III) A compliance schedule as follows: 

(a) For applicable requirements

with which the installation is in compliance,

a statement that the installation will continue

to comply with these requirements; 

(b) For applicable requirements

that will become effective during the permit

term, a statement that the installation will

comply with these requirements on a timely

basis. A statement that the installation will

comply in a timely manner with applicable

requirements that become effective during the

permit term shall satisfy this provision,

unless a more detailed schedule is expressly

required by the applicable requirement; and

(c) A schedule of compliance for

all applicable requirements with which the

installation is not in compliance at the time of

permit issuance, including a schedule of

remedial measures and an enforceable

sequence of actions, with milestones, leading

to compliance. (This compliance schedule

shall resemble and be equivalent in stringency

to that contained in any judicial consent

decree or administrative order to which the

installation is subject); 

(IV) For installations required to

have a schedule of compliance under subpart

(6)(B)3.I.(III)(c) of this rule, a schedule for

the submission of certified progress reports

no less frequently than every six (6) months;

and 

(V) The compliance plan content

requirements specified in this paragraph shall

apply to, and be included in, the acid rain

portion of a compliance plan for an affected

source, except as specifically superseded by

regulations promulgated under Title IV of the

Act with regard to the schedule and

method(s) the installation will use to achieve

compliance with the acid rain emissions limitations; 

J. Compliance certification and information. 

(I) A certification of compliance

with all applicable requirements signed by a

responsible official consistent with paragraph

(6)(B)4. of this rule and section 114(a)(3) of

the Act; 

(II) A statement of methods used

for determining compliance, including a

description of monitoring, record keeping

and reporting requirements, and test methods; 

(III) A schedule for the submission

of compliance certifications during the permit

term, which shall be submitted annually, or

more frequently if required by an underlying

applicable requirement; and 

(IV) A statement indicating the

installation’s compliance status with respect

to any applicable enhanced monitoring and

compliance certification requirements of the

Act; and 

K. Acid rain information. Nationallystandardized forms for acid rain portions of

permit applications and compliance plans

shall be used, as required by rules promulgated under Title IV of the Act. 

4. Certification by responsible official.

Any application form, report, or compliance

certification submitted pursuant to this rule

shall contain certification by a responsible

78 CODE OF STATE REGULATIONS (2/29/16) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
official of truth, accuracy, and completeness.

This certification, and any other certification,

shall be signed by a responsible official and

shall contain the following language: “I certify, based on information and belief formed

after reasonable inquiry, the statements and

information in the document are true, accurate, and complete.”

5. Single, multiple, or general permits.

Pursuant to this section of the rule, an installation must have a permit (or group of permits) addressing all applicable requirements

for all emissions units in the installation. An

installation may comply with this subsection

of the rule through any one (1) of the methods

identified in paragraphs (3)(A)1.–4. of this

rule.

(C) Permit Content. 

1. Standard permit requirements. Every

operating permit issued pursuant to this section (6) shall contain all requirements applicable to the installation at the time of

issuance. 

A. Emissions limitations and standards. The permit shall specify emissions

limitations or standards applicable to the

installation and shall include those operational requirements or limitations as necessary to assure compliance with all applicable

requirements. 

(I) The permit shall specify and

reference the origin of and authority for each

term or condition and shall identify any difference in form as compared to the applicable

requirement upon which the term or condition is based. 

(II) The permit shall state that,

where an applicable requirement is more

stringent than an applicable requirement of

rules promulgated under Title IV of the Act,

both provisions shall be incorporated into the

permit and shall be enforceable by the administrator. 

(III) If the implementation plan or

other applicable requirement allows an installation to comply through an alternative emissions limit or means of compliance and the

applicant requests that this alternative limit or

means of compliance be specified in the permit, the permitting authority may include this

alternative emissions limit or means of compliance in an installation’s permit upon

demonstrating that it is quantifiable, accountable, enforceable, and based on replicable

procedures. 

B. Permit duration. The permitting

authority shall issue permits for five (5)

years. The permit term shall commence on

the date of issuance or, when applicable, the

date of validation. 

C. Monitoring and related recordkeeping and reporting requirements. 

(I) The permit shall contain the following requirements with respect to monitoring: 

(a) All emissions monitoring and

analysis procedures or test methods required

under the applicable requirements, including

any procedures and methods promulgated by

the administrator pursuant to sections

114(a)(3) or 504(b) of the Act; 

(b) Where the applicable

requirement does not require periodic testing

or instrumental or noninstrumental monitoring (which may consist of record keeping

designed to serve as monitoring), then periodic monitoring sufficient to yield reliable

data for the relevant time period that are representative of the installation’s compliance

with the permit, as reported pursuant to part

(6)(C)1.C.(III) of this rule. These monitoring

requirements shall assure the use of terms,

test methods, units, averaging periods, and

other statistical conventions consistent with

the applicable requirement. Record-keeping

provisions may be sufficient to meet the

requirements of this paragraph; and 

(c) As necessary, requirements

concerning the use, maintenance, and where

appropriate, installation of monitoring equipment or methods. 

(II) With respect to record keeping,

the permit shall incorporate all applicable

record-keeping requirements and require,

where applicable, the following: 

(a) Records of required monitoring information that include the following: 

I. The date, place as defined

in the permit, and time of sampling or measurements; 

II. The date(s) analyses were

performed; 

III. The company or entity

that performed the analyses; 

IV. The analytical techniques

or methods used; 

V. The results of these analyses; and 

VI. The operating conditions

as existing at the time of sampling or measurement; 

(b) Retention of records.

I. Retention of records of all

required monitoring data and support information for a period of at least five (5) years

from the date of the monitoring sample, measurement, report, or application. Support

information includes all calibration and maintenance records and all original strip-chart

recordings when used for continuous monitoring instrumentation, and copies of all

reports required by the permit. Where appropriate, the permit may specify that records

may be maintained in computerized form. 

II. Affected sources under

Title IV of the Act will have a three (3)-year

monitoring data record retention period as

required in 40 CFR 75.

(III) With respect to reporting, the

permit shall incorporate all applicable reporting requirements and require the following: 

(a) A permit issued under these

rules shall require the permittee to submit a

report of any required monitoring every six

(6) months. To the extent possible, the schedule for submission of these reports shall be

timed to coincide with other periodic reports

required by the permit, including the permittee’s annual compliance certification; 

(b) Each report submitted under

subpart (6)(C)1.C.(III)(a) of this rule shall

identify any deviations from permit requirement, since the previous report, that have

been monitored by the monitoring systems

required under the permit, and any deviations

from the monitoring, record-keeping, and

reporting requirements of the permit; 

(c) In addition to semiannual

monitoring reports, each permittee shall be

required to submit supplemental reports as

indicated here. All reports of deviations shall

identify the cause or probable cause of the

deviations and any corrective actions or preventative measures taken. 

I. Notice of any deviation

resulting from an emergency (or upset) condition as defined in paragraph (6)(C)7. of this

rule shall be submitted to the permitting

authority either verbally or in writing within

two (2) working days after the date on which

the emission limitation is exceeded due to the

emergency, if the permittee wishes to assert

an affirmative defense. The affirmative

defense of emergency shall be demonstrated

through properly signed, contemporaneous

operating logs, or other relevant evidence that

indicate an emergency occurred and the permittee can identify the cause(s) of the emergency. The permitted facility must show that

it was operated properly at the time and that

during the period of the emergency the permittee took all reasonable steps to minimize

levels of emissions that exceeded the emission

standards or requirements in the permit. The

notice must contain a description of the emergency, steps taken to mitigate emissions, and

the corrective actions taken.

II. Any deviation that poses an

imminent and substantial danger to public

health, safety, or the environment shall be

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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
reported as soon as practicable. 

III. Any other deviations identified in the permit as requiring more frequent reporting than the permittee’s semiannual report shall be reported on the schedule

specified in the permit; 

(d) Every report submitted shall

be certified by a responsible official, except

that, if a report of a deviation must be submitted within ten (10) days after the deviation, the report may be submitted without a

certification if the report is resubmitted with

an appropriate certification within ten (10)

days after that, together with any corrected or

supplemental information required concerning the deviation; and 

(e) A permittee may request confidential treatment of information submitted

in any report of deviation. 

D. Risk management plans. If the

installation is required to develop and register

a risk management plan pursuant to section

112(r) of the Act, the permit is required to

specify only that the permittee will verify that

they have complied with the requirement to

register such a plan. The contents of the risk

management plan itself need not be incorporated as a permit term. 

E. Emissions exceeding Title IV

allowances. Where applicable, the permit

shall prohibit emissions exceeding any

allowances that the installation lawfully holds

under Title IV of the Act or rules promulgated thereunder. 

(I) No permit revision shall be

required for increases in emissions that are

authorized by allowances acquired pursuant

to the acid rain program if the increases do

not require a permit revision under any other

applicable requirement. 

(II) No limit shall be placed on the

number of allowances that may be held by an

installation. The installation may not use

these allowances, however, as a defense for

noncompliance with any other applicable

requirement. 

(III) Any of these allowances shall

be accounted for according to procedures

established in rules promulgated under Title

IV of the Act. 

F. Severability clause. The permit

shall include a severability clause to ensure

the continued validity of uncontested permit

conditions in the event of a successful challenge to any contested portion of the permit.

G. General requirements. 

(I) The permittee must comply with

all the terms and conditions of the permit.

Any noncompliance with a permit condition

constitutes a violation and is grounds for

enforcement action, for permit termination,

permit revocation and reissuance, permit

modification, or denial of a permit renewal

application. Note: The grounds for termination of a permit under part (6)(C)1.G.(I) are

the same as the grounds for revocation as

stated in part (6)(E)8.A.(I).

(II) It shall not be a defense in an

enforcement action that it would have been

necessary for the permittee to halt or reduce

the permitted activity in order to maintain

compliance with the conditions of the permit.

(III) The permit may be modified,

revoked, reopened, reissued, or terminated

for cause. Except as provided for minor permit modifications, the filing of an application

or request for a permit modification, revocation and reissuance, or termination, or the filing of a notification of planned changes or

anticipated noncompliance, does not stay any

permit condition. 

(IV) The permit does not convey

any property rights of any sort, or grant any

exclusive privilege. 

(V) The permittee shall furnish to

the permitting authority, upon receipt of a

written request and within a reasonable time,

any information that the permitting authority

reasonably may require to determine whether

cause exists for modifying, reopening, reissuing, or revoking the permit or to determine

compliance with the permit. Upon request,

the permittee also shall furnish to the permitting authority copies of records required to be

kept by the permittee. The permittee may

make a claim of confidentiality for any information or records submitted under this paragraph (6)(C)1.

H. Incentive programs not requiring

permit revisions. The permit shall include a

provision stating that no permit revision will

be required for any installation changes made

under any approved economic incentive, marketable permit, emissions trading, or other

similar programs or processes provided for in

the permit. 

I. Reasonably anticipated operating

scenarios. The permit shall include terms and

conditions for reasonably anticipated operating scenarios identified by the applicant and

approved by the permitting authority. The

permit shall authorize the permittee to make

changes among alternative operating scenarios authorized in the permit without notice,

but shall require the permittee, contemporaneous with changing from one (1) operating

scenario to another, to record in a log at the

permitted installation the scenario under

which it is operating. The permit shield shall

apply to these terms and conditions. 

J. Emissions trading. The permit shall

include terms and conditions for the trading of

emissions increases and decreases within the

permitted installation to the extent that the

applicable requirements provide for the trading of increases and decreases without caseby-case approval of each emissions trade.

These terms and conditions shall include all

those required to determine compliance (to

include contemporaneous recording in a log

of the details of the trade) and must meet all

applicable requirements, and requirements of

this rule. The permit shield shall apply to all

terms and conditions that allow the trading of

these increases and decreases in emissions. 

2. Federally-enforceable conditions and

state-only requirements. 

A. Federally-enforceable conditions.

Except as provided in subparagraph

(6)(C)2.B. of this rule, all terms and conditions in a permit issued under this section,

including any voluntary provisions designed

to limit an installation’s potential to emit, are

enforceable by the permitting authority, by

the administrator, and by citizens under section 304 of the Act. 

B. State-only requirements. Not with -

standing subparagraph (6)(C)2.A. of this

rule, the permitting authority shall expressly

designate as not being federally-enforceable

or enforceable under section 304 of the Act

any terms and conditions included in the permit that are not required under the Act or any

of its applicable requirements, and these

terms and conditions shall not be enforceable

by the administrator or by citizens under section 304 of the Act. Terms and conditions so

designated shall not be subject to the requirements of 40 CFR sections 70.7 and 70.8.

Terms and conditions expressly designated as

state-only requirements under this paragraph

may be included in an addendum to the

installation’s permit. 

3. Compliance requirements. Permits

issued under this section (6) shall contain the

elements listed here with respect to compliance. 

A. General requirements, including

certification. Consistent with the monitoring

and related record-keeping and reporting

requirements of this paragraph, the operating

permit must include compliance certification,

testing, monitoring, reporting, and recordkeeping requirements sufficient to assure

compliance with the terms and conditions of

the permit. Any document (including reports)

required to be submitted under this rule shall

contain a certification signed by a responsible

official as to the results of the required monitoring. 

80 CODE OF STATE REGULATIONS (2/29/16) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
B. Inspection and entry. The permit

must include requirements providing that,

upon presentation of credentials and other

documents as may be required by law, the

permittee shall allow authorized officials of

the permitting authority to perform the following (subject to the permittee’s right to

seek confidential treatment of information

submitted to, or obtained by, the permitting

authority under this subsection): 

(I) Enter upon the permittee’s

premises where a permitted installation is

located or an emissions-related activity is

conducted, or where records must be kept

under the conditions of the permit; 

(II) Have access to and copy, at reasonable times, any records that must be kept

under the conditions of the permit; 

(III) Inspect, at reasonable times

and using reasonable safety practices, any

facilities, equipment (including monitoring

and air pollution control equipment), practices, or operations regulated or required

under the permit; and 

(IV) As authorized by the Missouri

Air Conservation Law Chapter 643, RSMo,

or the Act, sample or monitor, at reasonable

times, substances or parameters for the purpose of assuring compliance with the permit

or applicable requirements. 

C. Schedule of compliance. The permit must include a schedule of compliance, to

the extent required. 

D. Progress reports. To the extent

required under an applicable schedule of

compliance, the permit must require progress

reports to be submitted semiannually, or

more frequently if specified in the applicable

requirement or by the permitting authority.

These progress reports shall contain the following: 

(I) Dates for achieving the activities, milestones, or compliance required in

the schedule of compliance, and dates when

these activities, milestones, or compliance

were achieved; and 

(II) An explanation of why any

dates in the schedule of compliance were not

or will not be met, and any preventive or corrective measures adopted. 

E. Compliance certification. The permit must include requirements for certification of compliance with terms and conditions

contained in the permit that are federally

enforceable, including emissions limitations,

standards, or work practices. The permit

shall specify—

(I) The frequency (which shall be

annually unless the applicable requirement

specifies submission more frequently) of

compliance certifications; 

(II) The means for monitoring

compliance with emissions limitations, standards, and work practices contained in applicable requirements; 

(III) A requirement that the compliance certification include the following: 

(a) The identification of each

term or condition of the permit that is the

basis of the certification; 

(b) The permittee’s current compliance status, as shown by monitoring data

and other information reasonably available to

the permittee; 

(c) Whether compliance was

continuous or intermittent; 

(d) The method(s) used for

determining the compliance status of the

installation, currently and over the reporting

period; and 

(e) Such other facts as the permitting authority may require to determine

the compliance status of the source; 

(IV) A requirement that all compliance certifications be submitted to the administrator as well as to the permitting authority; 

(V) Additional requirements as may

be specified pursuant to sections 114(a)(3)

and 504(b) of the Act; and 

(VI) Any other provisions as the

permitting authority may require. 

4. General permits. Installations may

apply to operate under any general permit. 

A. Issuance of general permits. General permits covering similar part 70 installations may be issued by the permitting authority after notice and opportunity for public

participation under subsection (6)(F) and section (7). The general permit shall indicate a

reasonable time after which an installation

that has submitted an application for authorization will be deemed to be authorized to

operate under the general permit. A general

permit shall identify criteria by which installations may be authorized to operate under

the general permit. This criteria must include

the following: 

(I) Categories of sources covered

by the general permit must be homogeneous

in terms of operations, processes, and emissions; 

(II) Sources may not be subject to

case-by-case standards or requirements; and 

(III) Sources must be subject to

substantially similar requirements governing

operations, emissions, monitoring, reporting,

and record keeping. 

B. Applications. The permitting

authority shall provide application forms for

coverage under a general permit. General

permit applications may deviate from individual part 70 permit applications but shall

include all information necessary to determine qualification for, and to assure compliance with, the general permit. The permitting

authority shall authorize coverage by the conditions and terms of a general permit to all

installations that apply for and qualify under

the specified general permit criteria. Installations applying for coverage under a general

permit must comply with all the requirements

of this rule, except public participation

requirements. General permits shall not be

authorized for affected sources under the acid

rain program unless otherwise provided in

rule promulgated under Title IV of the Act. 

C. Public participation. Although

public participation under section (7) of this

rule is necessary for the issuance of a general

permit, the permitting authority may authorize an installation to operate under general

permit terms and conditions without repeating the public participation procedures. However, this authorization shall not be a final

permit action of purposes for judicial review. 

D. Enforcement. Notwithstanding the

permit shield provisions of paragraph (6)(C)6.

of this rule, an installation authorized to

operate under a general permit is subject to

enforcement for operating without an individual part 70 operating permit if the installation

is determined not to be qualified for the general permit. 

5. Portable installations. An installation

may apply for a single permit authorizing

emissions from similar operations by the

same installation owner or operator at multiple temporary locations. 

A. Qualification criteria. To qualify

for a permit under this paragraph (6)(C)5. the

applicant’s operation must be temporary and

involve at least one (1) change of location

during the permit term. Affected sources

shall not be authorized as temporary installations under the acid rain program unless otherwise provided in rules promulgated under

Title IV of the Act. 

B. Compliance at each location. The

permittee must comply with all applicable

requirements at each authorized location. 

C. Notice of location change. The

owner or operator of the installation must

notify the permitting authority at least ten

(10) days in advance of each change of location. 

6. Permit shield. 

A. Express permit statement required.

Part 70 operating permits shall include express

provisions stating that compliance with the

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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
conditions of the permit shall be deemed

compliance with all applicable requirements

as of the date of permit issuance, provided

that—

(I) The applicable requirements are

included and specifically identified in the

permit; or 

(II) The permitting authority, in

acting on the permit revision or permit application, determines in writing that other

requirements, as specifically identified in the

permit, are not applicable to the installation

and the permit expressly includes that determination or a concise summary of it. 

B. Exceptions to permit protection.

The permit shield does not affect the following: 

(I) The provisions of section 303 of

the Act or section 643.090, RSMo, concerning emergency orders; 

(II) Liability for any violation of an

applicable requirement which occurred prior

to, or was existing at, the time of permit

issuance; 

(III) The applicable requirements

of the acid rain program; 

(IV) The administrator’s authority

to obtain information; or 

(V) Any other permit or extra-permit provisions, terms, or conditions expressly

excluded from the permit shield provisions of

this rule. 

7. Emergency provisions. 

A. Definition. For the purposes of a

part 70 operating permit, an emergency or

upset means any condition arising from sudden and not reasonably foreseeable events

beyond the control of the permittee, including

acts of God, which require immediate corrective action to restore normal operation and

that causes the installation to exceed a technology-based emission limitation under the

permit due to unavoidable increases in emissions attributable to the emergency or upset.

An emergency or upset shall not include noncompliance caused by improperly designed

equipment, lack of preventive maintenance,

careless or improper operation, or operator

error. 

B. Affirmative defense requirements.

The permitting authority shall include in each

permit a provision stating that an emergency

or upset constitutes an affirmative defense to

an enforcement action brought for noncompliance with technology-based emissions limitations. To establish an emergency- or upsetbased defense, the permittee must

demonstrate, through properly signed, contemporaneous operating logs or other relevant

evidence, the following: 

(I) An emergency or upset occurred

and the permittee can identify the source of

the emergency or upset; 

(II) The installation was being

operated properly; 

(III) The permittee took all reasonable steps to minimize emissions that exceeded technology-based emissions limitations or

the requirements in the permit; and 

(IV) The permittee submitted

notice of the emergency to the permitting

authority within two (2) working days of the

time when emission limitations were exceeded due to the emergency. This notice must

contain a description of the emergency, any

steps taken to mitigate emissions, and corrective actions taken.

8. Operational flexibility (installation

changes not requiring permit revisions). An

installation that has been issued a part 70

operating permit under this rule is not

required to apply for or obtain a permit revision in order to make any of the changes to

the permitted installation described in subparagraph (6)(C)8.A. of this rule if the

changes are not Title I modification and the

changes do not cause emissions to exceed

emissions allowable under the permit, and the

changes do not result in the emission of any

air contaminant not previously emitted. The

installation shall notify the permitting authority and the administrator at least seven (7)

days in advance of these changes, except as

allowed for emergency or upset conditions.

Emissions allowable under the permit means

a federally-enforceable permit term or condition determined at issuance to be required by

an applicable requirement that establishes an

emissions limit (including a work practice

standard) or a federally-enforceable emissions cap that the source has assumed to

avoid an applicable requirement to which the

source would otherwise be subject.

A. Section 502(b)(10) changes.

Changes that, under section 502(b)(10) of the

Act, contravene an express permit term may

be made without a permit revision, except for

changes that would violate applicable requirements of the Act or contravene federallyenforceable monitoring (including test methods), record-keeping, reporting, or

compliance requirements of the permit. 

(I) Before making a change under

this provision, the permittee shall provide

advance written notice to the permitting

authority and to the administrator, describing

the change to be made, the date on which the

change will occur, any changes in emissions,

and any permit terms and conditions that are

affected. The permittee shall maintain a copy

of the notice with the permit, and the permitting authority shall place a copy with the permit in the public file. Written notice shall be

provided to the administrator and the permitting authority at least seven (7) days before

the change is to be made. If less than seven

(7) days’ notice is provided because of a need

to respond more quickly to these unanticipated conditions, the permittee shall provide

notice to the administrator and the permitting

authority as soon as possible after learning of

the need to make the change. 

(II) The permit shield shall not

apply to these changes. 

B. SIP-based emissions trading

changes. Changes associated with trading

emissions increases and decreases within a

permitted installation may be made without a

permit revision if the SIP provides for these

trades. The permit shall contain terms and

conditions governing the trading of emissions.

(I) For these changes, the advance

written notice provided by the permittee shall

identify the underlying authority authorizing

the trade and shall state when the change will

occur, the types and quantities of emissions to

be traded, the permit terms or other applicable requirements with which the source will

comply through emissions trading, and any

other information as may be required by the

applicable requirement authorizing the emissions trade. 

(II) The permit shield shall not

apply to these changes. Compliance will be

assessed according to the terms of the implementation plan authorizing the trade. 

C. Emissions cap-based changes.

Changes associated with the trading of emissions increases and decreases within a permitted installation may be made without a

permit revision if this trading is solely for the

purpose of complying with the federallyenforceable emissions cap that was established in the permit at the applicant’s request,

independent of otherwise applicable requirements. For these changes, the advance written notice provided by the permittee shall

identify the underlying authority authorizing

the emissions trade and shall state when the

change will occur, the types and quantities of

emissions to be traded, the permit terms, or

other applicable requirements with which the

source will comply through emissions trading, and any other information as may be

required by the applicable requirement authorizing the emissions trade. The permit shield

does apply to these changes. 

9. Off-permit changes. Except as provided in subparagraph (6)(C)9.A. in this rule,

82 CODE OF STATE REGULATIONS (2/29/16) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
a part 70 permitted installation may make any

change in its permitted installation’s operations, activities, or emissions that is not

addressed in, constrained by, or prohibited by

the permit without obtaining a permit revision. Insignificant activities listed in the permit, but not otherwise addressed in or prohibited by the permit, shall not be considered

to be constrained by the permit for purposes

of the off-permit provisions of this section.

Off-permit changes shall be subject to the following requirements and restrictions: 

A. Compliance with applicable

requirements. The change must meet all

applicable requirements of the Act and may

not violate any existing permit term or condition; no permittee may change a permitted

installation without a permit revision, even if

the change is not addressed in or constrained

by, the permit, if this change is subject to any

requirements under Title IV of the Act or is a

Title I modification; 

B. Contemporaneous notice, except

insignificant activities. The permittee must

provide contemporaneous written notice of

the change to the permitting authority and to

the administrator. This notice shall not be

required for changes that are insignificant

activities under paragraph (6)(B)3. of this

rule. This written notice shall describe each

change, including the date, any change in

emissions, pollutants emitted, and any applicable requirement that would apply as a result

of the change; 

C. Record of changes. The permittee

shall keep a record describing all changes

made at the installation that result in emissions of a regulated air pollutant subject to an

applicable requirement and the emissions

resulting from these changes; and 

D. Permit shield not applicable. The

permit shield shall not apply to these

changes.

(D) Unified Review. When the construction or modification and operation of any

installation requires a construction permit

under 10 CSR 10-6.060, and an operating

permit or its amendment under this rule, the

installation shall receive a unified construction and operating permit or its amendments,

review, hearing and approval process, unless

the applicant requests in writing that the construction and operating permit, or its amendment application, be reviewed separately.

Under this unified review process, the applicant shall submit all the applications, forms,

and other information required by the permitting authority.

1. Review of applications. The permitting authority shall complete any unified

review within one hundred eighty-four (184)

days, as provided under the procedures of this

rule and 10 CSR 10-6.060 Construction Permits Required.

2. Issuance of permits. As soon as the

unified review process is completed, if the

applicant complies with all applicable

requirements under this rule and 10 CSR 10-

6.060, the construction permit and the operating permit or its amendment shall be issued

to the applicant and the applicant may commence construction. The operating permit or

its amendment shall be retained by the permitting authority until validated pursuant to

this subsection (6)(D).

3. Validation of operating permits. Within one hundred and eighty (180) days after

commencing operation, the holder of an

operating permit or its amendment issued by

the unified review processing shall submit to

the permitting authority all information

required by the permitting authority to

demonstrate compliance with the terms and

conditions of the issued operating permit or

its amendment. The permittee shall also provide information identifying any applicable

requirements which became applicable subsequent to issuance of the operating permit.

Within thirty (30) days after the applicant’s

request for validation, the permitting authority will take action denying or approving validation of the issued operating permit or its

amendment. If the permittee demonstrates

compliance with both the construction and

operating permits, and all of the requirements

for permit issuance in subsection (6)(E) of

this rule have been met, the permitting

authority shall validate the operating permit

and forward it to the permittee. No part 70

permit will be validated unless—

A. At the time of validation, the permitting authority certifies that the issued permit contains all applicable requirements; or

B. The procedures for permit renewal

in paragraph (6)(E)3. have occurred prior to

validation to insure the inclusion of any new

applicable requirements to which the part 70

permit is subject.

(E) Permit Issuance, Renewal, Reopenings,

and Revisions.

1. Action on application.

A. General requirements. A part 70

operating permit, permit modification, or

permit renewal may be issued only if all of

the following conditions have been met:

(I) Except for a general permit

authorization, the permitting authority has

received a complete application for a permit,

permit modification, or permit renewal;

(II) Except for permit modifications qualifying for minor permit modification procedures, the permitting authority has

complied with the requirements for public

participation;

(III) The permitting authority has

complied with the requirements for notifying

and responding to affected states;

(IV) The permitting authority finds

that the conditions of the permit provide for

compliance with all applicable requirements

and the requirements of the Act and the

requirements of this rule; and

(V) The administrator has received

a copy of the draft permit and any notices

required, and has not objected to issuance of

the permit under 40 CFR 70.8(c) within the

time specified therein.

B. Completeness determination.

After receipt of an application, the permitting authority promptly shall provide notice

to the applicant of whether the application is

complete. Unless the permitting authority

notifies the applicant that the application is

not complete within sixty (60) days after

receipt, the application shall be deemed complete.

(I) The permitting authority shall

make available to applicants all the necessary

application forms, together with a checklist

of items required for a complete application

package. An application will be deemed complete in the first instance if the applicant submits a completed application form, together

with the other items on the checklist.

(II) No completeness determination

shall be required for applications for minor

permit modifications.

C. Drafts for public comment. Following review of an application, the permitting authority shall issue a draft permit, draft

permit modification, or draft permit renewal

for public comment, in accordance with section (7). The draft shall be accompanied by a

statement setting forth the legal and factual

basis for the draft permit conditions (including references to applicable statutory or regulatory provisions). The permitting authority

shall send this statement to the administrator,

to affected states, and to the applicant and

shall place a copy in the public file.

D. Proposals for review. Following

the end of the public comment period, the

permitting authority shall prepare and submit

to the administrator a draft permit, permit

modification, or permit renewal.

(I) The draft permit, modification,

or renewal shall be issued no later than fortyfive (45) days preceding the deadline for final

action under this section and shall contain all

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applicable requirements that have been promulgated and made applicable to the installation as of the date of issuance of the draft permit.

(II) If new requirements are promulgated or otherwise become newly applicable to the installation following the

issuance of the draft permit but before

issuance of a final permit (or in the case of

unified review, before validation of an issued

permit), the permitting authority may elect to

either—

(a) Extend or reopen the public

comment period to solicit comment on additional draft permit provisions to implement

the new requirements; or

(b) If the permitting authority

determines that this extension or reopening of

the public comment period would delay

issuance of the permit unduly, the permitting

authority may include in the permit a provision stating that the permit is reopened upon

issuance or validation to incorporate the new

requirements and stating that the new requirements are excluded from the protection of the

permit shield. If the permitting authority

elects to issue the permit without incorporating the new requirements, the permitting

authority shall institute, within thirty (30)

days after the new requirements become

applicable to the source, proceedings pursuant to this section to reopen the permit to

incorporate the new requirements. These

reopening proceedings may be instituted, but

need not be completed, before issuance of the

final permit.

E. Action following the administrator’s review.

(I) Upon receipt of notice that the

administrator will not object to a permit, permit modification, or permit renewal that has

been submitted for the administrator’s review

pursuant to this section, the permitting

authority shall issue the permit, permit modification, or permit renewal forthwith, but in

no event later than the fifth day following

receipt of the notice from the administrator.

(II) Forty-five (45) days after receipt

by the administrator of a draft permit, permit

modification, or permit renewal for the administrator’s review, and if the administrator has

not notified the permitting authority that s/he

objects to the permit action, the permitting

authority shall promptly issue the permit, permit modification, or permit renewal, but in no

event later than the fiftieth day following

receipt by the administrator.

(III) If the administrator objects to

the permit, modification, or renewal, the permit shall not be issued and the permitting

authority shall consult with the administrator

and the applicant, and shall submit a revised

proposal to the administrator within ninety

(90) days after the date of the administrator’s

objection. If the permitting authority does not

revise the permit, the permitting authority

will inform the administrator within ninety

(90) days following the date of the objection

and decline to make those revisions. If the

administrator disagrees with the permitting

authority, the administrator may issue the

permit with the revisions incorporated.

F. Final actions.

(I) Noninitial applications. Except

as provided in this subsection (6)(E), the permitting authority shall take final action on

each application for a part 70 operating permit within eighteen (18) months after receiving a complete application. Final action on

each application for a significant permit modification or permit renewal shall be taken

within six (6) months after receipt of a complete application. For each application, the

permitting authority shall submit a draft permit, modification, or renewal to the administrator no later than forty-five (45) days before

the deadline for final action established in

this section. The permitting authority shall

take action on any permit, permit modification, or permit renewal issued in compliance

with rules promulgated under Title IV or V of

the Act for the permitting of affected installations under the acid rain program within the

time specified in those regulations.

(II) Initial applications. Ap pli ca -

tions accepted under the registry system shall

be acted upon according to that registry.

G. Order for acting on applications.

To the extent feasible, applications shall be

acted upon in the order received, except

that—

(I) Priority shall be given to taking

final action on applications for construction

or permit modification under Title I, Parts C

and D of the Act and to applications for general permits. To the extent feasible, final

action on these applications shall be taken

within six (6) months following receipt of a

complete application;

(II) For processing purposes, the

permitting authority may group together

applications addressing similar installations;

and

(III) The permitting authority may

give expedited treatment to simple applications that do not require significant review

(for example, permits incorporating few or no

substantive regulatory requirements).

2. Application shield.

A. Protection for not having a permit.

If an installation subject to the requirement to

obtain a permit under this section submits a

timely and complete application for permit

issuance or renewal, that installation’s failure

to have an issued permit shall not be a violation of the requirement to have the permit

until the permitting authority takes final

action on the application. This application

protection shall cease to apply if, subsequent

to a completeness determination, the applicant fails to submit, by the deadline specified

in writing by the permitting authority, any

additional information identified as being reasonably required to process the application.

B. Loss of protection. If an applicant

files a timely application that the permitting

authority determines is not complete, or if

the applicant loses the protection granted

under this section as a result of the failure to

provide additional information reasonably

requested by the permitting authority within

the time specified, the applicant is in violation of this section for failure to have an

issued permit.

C. Construction permits not affected.

The submittal of a complete part 70 operating

permit application shall not affect the

requirement, where applicable, that an installation have a construction permit.

3. Permit renewal and expiration.

A. Renewal application requirements.

Applications for permit renewals shall be

subject to the same procedural requirements,

including public participation, affected state

comment, and the administrator review, that

apply to initial permit issuance. The permitting authority, in issuing a permit or renewal

permit, may identify those portions that are

proposed to be revised, supplemented, or

deleted.

B. Timely application. An installation’s right to operate shall terminate upon

the expiration of the permit, unless a complete permit renewal application is submitted

at least six (6) months before the date of expiration, or unless the permitting authority

takes final action approving an application for

a permit renewal by the expiration date.

C. Extension of expired permits. If a

timely and complete application for a permit

renewal is submitted, but the permitting

authority fails to take final action to issue or

deny the renewal permit before the end of the

term of the previous permit, the previous permit shall not expire until the renewal permit

is issued or denied. Any permit shield granted under the previous permit shall continue in

effect during this period of time. However,

the administrator may invoke its authority

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under section 505(e) of the Act to terminate

or revoke and reissue the permit.

4. Administrative permit amendments.

A. Definition. An administrative permit amendment is a permit revision that—

(I) Corrects typographical errors;

(II) Identifies a change in the name,

address, or phone number of any person identified in the permit, or provides a similar

minor administrative change at the installation;

(III) Requires more frequent monitoring or reporting by the permittee;

(IV) Allows for a change in ownership or operational control of an installation

where no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit

responsibility, coverage, and liability between

the current and new permittee must be submitted to the permitting authority; and/or

(V) Incorporates in the part 70

operating permit the requirements of a unified construction permit issued by the permitting authority.

B. Acid rain provisions. For purposes

of any acid rain portion of a part 70 operating

permit, administrative permit amendments

shall be governed by rules promulgated under

Title IV of the Act.

C. Procedures. An administrative permit amendment shall be made by the permitting authority under the following procedures:

(I) The permitting authority shall

take final action on a request for an administrative permit amendment within sixty (60)

days after receipt of the request, and may

incorporate the proposed changes in a permit

without providing notice to the public or

affected states, if any of the permit revisions

are designated as having been made pursuant

to this paragraph (6)(E)4.;

(II) The permitting authority shall

transmit a copy of the amended permit to the

administrator; and

(III) An installation may implement

the changes addressed in a request for an

administrative permit amendment immediately upon submittal of the request.

D. Permit shield applicable. The permitting authority, upon taking final action

granting a request for an administrative permit amendment, shall allow coverage by the

permit shield.

5. Permit modifications.

A. Definition. A permit modification

is any revision to a part 70 operating permit

which is not an administrative amendment

under paragraph (6)(E)4. of this rule. A permit modification for the purposes of the acid

rain portion of the permit shall be governed

by regulations promulgated under Title IV of

the Act.

B. Minor permit modification.

(I) Criteria. 

(a) Minor permit modifications

involve changes to an installation that do

not—

I. Violate any ap plic able re -

quire ment;

II. Involve significant changes

to monitoring, reporting, or record-keeping

requirements in the permit;

III. Require or change any

case-by-case or source-specific determination

contained in the permit, or a source-specific

determination for temporary sources of ambient impacts, or a visibility or increment analysis; 

IV. Establish or change a permit term for which there is no corresponding

underlying applicable requirement and which

the source has assumed in order to avoid an

applicable requirement to which it would otherwise be subject, such as a federallyenforceable emissions cap voluntarily agreed

to in order to avoid classification as a Title I

modification or an alternative emissions limit

approved pursuant to 112(i)(5) of the Act; 

V. Constitute a Title I modification; and 

VI. Constitute a significant

permit modification. 

(b) Notwithstanding subpart (6)

(E)5.B.(I)(a) and subparagraph (6)(E)5.C. of

this section, minor permit modification procedures may be used for permit modifications

involving the use of economic incentives,

marketable permits, emissions trading, and

other similar approaches, to the extent that

such minor permit modification procedures

are explicitly provided for in an applicable

implementation plan or in applicable requirements promulgated by EPA.

(II) Procedures.

(a) The applicant should complete a minor permit modification form application which is consistent with the requirements of this section (6), and which includes

at least the following information: 

I. A description of the proposed change, the resulting emissions, and

any new applicable requirements;

II. The applicant’s draft modified permit;

III. Certification by a responsible official consistent with paragraph

(6)(B)4. of this rule, that the proposed modification meets the criteria for use of minor

permit modification procedures; and

IV. Completed forms to enable the permitting authority to notify the

administrator and affected states.

(b) The permitting authority will

notify the administrator and affected states

within five (5) days after receipt of the application.

(c) Public participation requirements are not applicable to minor permit

modifications.

(d) Within thirty (30) days after

receiving the minor permit modification

application, the permitting authority will

notify the applicant whether the application is

deemed complete or if further information is

needed to deem it so.

(e) Within ninety (90) days after

receiving the minor permit modification

application, or fifteen (15) days after the end

of the administrator’s forty-five (45)-day

review period, whichever is later, the permitting authority shall—

I. Issue the permit modification as proposed;

II. Deny the permit modification;

III. Determine that the

requested change is a significant permit modification that should be reviewed as such; or

IV. Revise the draft modified

permit and notify the applicant and the

administrator by providing a written copy of

the proposed intended changes, a written

statement of the factual and legal reasons for

the changes, and notice of the rights of the

applicant and the administrator to appeal or

object to the changes, including any deadlines

for this appeal or objection.

(f) An applicant for a minor permit modification may make the change proposed immediately after filing the application. After making the change, and until the

permitting authority takes any of the actions

specified in this section (6), the applicant

must comply with both the applicable

requirements governing the change and the

proposed modified permit terms and conditions. During this time period, the installation

need not comply with the existing permit

terms and conditions the applicant is seeking

to modify. However, if the applicant fails to

comply with the proposed modified permit

terms and conditions during this time period,

the existing permit terms and conditions

which the applicant is seeking to modify may

be enforced against the installation.
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10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission

(III) Permit shield not applicable.

The permit shield does not apply to minor

permit modifications.

(IV) Public notice. The permitting

authority shall provide public notice of a

change proposed in a minor permit modification application when it determines that the

proposed change is of sufficient consequence

that the public may have an interest in being

informed. The procedures for the public

notice shall be as follows:

(a) Notice shall be given by publication in a newspaper of general circulation

in the area where the installation is located or

in a state publication designed to give general

public notice, and to persons on a mailing list

developed by the permitting authority, including those who request in writing to be on the

list;

(b) The notice shall identify: the

installation; the name and address of the permittee; the name and address of the permitting authority; the activity(ies) involved in the

permit action; any emissions change involved

in the proposed minor permit modification;

the name, address, and telephone number of

a person from whom interested persons may

obtain additional information, including

copies of the draft permit, the application, all

relevant supporting materials, and all other

materials available to the permitting authority

that are relevant to the permit decision; and

(c) The permitting authority

shall provide public notice, as provided in

this section, promptly upon receipt of the

source’s minor permit modification application; however, the timing and content of this

notice shall not be grounds for a challenge to

the permitting authority’s final action.

C. Group processing of minor permit

modifications. Pursuant to this paragraph

(6)(E)5., the permitting authority may modify the procedures outlined in this section (6)

to process groups of an installation’s applications for certain modifications eligible for

minor permit modification processing.

(I) Criteria. Group processing of

proposed minor permit modifications may be

used only for those which—

(a) Meet the criteria for minor

permit modification procedures under this

section; and

(b) Collectively are below the

following threshold level: ten percent (10%)

of the emissions allowed by the permit for the

emissions unit for which the change is proposed; twenty percent (20%) of the applicable definition of a part 70 installation; or five

(5) tons per year, whichever is least.

(II) Applications. An application

requesting the use of group processing procedures shall meet the requirements of this subparagraph and shall include the following:

(a) A description of the change,

the emissions resulting from the change, and

any new applicable requirements that will

apply if the change occurs;

(b) The applicant’s draft modified permit;

(c) Certification by a responsible

official, consistent with this section, that the

proposed modification meets the criteria for

use of group processing procedures and a

request that these procedures be used;

(d) A list of the installation’s

other pending applications awaiting group

processing and a determination of whether

the requested modification, aggregated with

these other applications, equals or exceeds

the threshold established under this section

(6);

(e) Certification, consistent with

this section (6), that the applicant has notified

the administrator of the proposed modification. This notification need only contain a

brief description of the proposed modification; and

(f) Completed forms for the permitting authority to use to notify the administrator and affected states.

(III) Administrator and affected

state notification. On a quarterly basis or

within five (5) business days after receipt of

an application demonstrating that the aggregate of an installation’s pending applications

equals or exceeds the threshold level established under this section, whichever is earlier, the permitting authority promptly, in

accordance with section (7) of this rule, shall

notify the administrator and affected states of

the proposed permit modifications. The permitting authority shall send any notice

required to the administrator.

(IV) Timetable for issuance. The

provisions of this section shall apply to modifications eligible for group processing,

except that the permitting authority shall take

one (1) of the actions specified in this paragraph within one hundred eighty (180) days

after receipt of the application or fifteen (15)

days after the end of the administrator’s fortyfive (45)-day review period, whichever is

later.

(V) Installation’s ability to make

change. The provisions of this subpart

(6)(E)5.B.(II)(f) shall apply to modifications

eligible for group processing.

(VI) Permit shield not applicable.

The provisions of part (6)(E)5.B.(III) shall

apply to modifications eligible for group processing.

(VII) Public notice. The provisions

of this part (6)(E)5.B.(IV) shall apply to

modifications eligible for group processing.

D. Significant permit modifications.

(I) Definition. Any permit revision

which is not a minor modification or administrative permit amendment is a significant

permit modification. This revision includes,

but is not limited to, significant changes in

monitoring, reporting, or record keeping permit terms and any change in the method of

measuring compliance with existing permit

requirements. Criteria for determining

whether a proposed change is significant

shall include the magnitude of the change and

the resulting impact on the environment.

(II) Procedures.

(a) An applicant for a significant

permit modification shall adhere to all the

relevant requirements for an initial permit

application under section (6) of this rule, as

well as requirements for public participation

under section (7), and review by the administrator and affected states under subsection

(6)(F) except—

I. The applicant should use the

form for a significant permit modification

application, rather than the form for an initial

permit issuance; and

II. The permitting authority

will complete review of significant permit

modification applications within nine (9)

months after receipt of an application.

6. Reopening permits for cause.

A. Cause to reopen. A part 70 operating permit shall be reopened for cause if—

(I) The permitting authority

receives notice from the administrator that

the administrator has granted a petition for

disapproval of a permit pursuant to 40 CFR

70.8(d), provided that the reopening may be

stayed pending judicial review of that determination;

(II) The permitting authority or the

administrator determines that the permit contains a material mistake or that inaccurate

statements were made in establishing the

emissions limitations standards or other

terms of the permit;

(III) Additional applicable requirements under the Act become applicable to the

installation; however, reopening on this

ground is not required if—

(a) The permit has a remaining

term of less than three (3) years;

(b) The effective date of the

requirement is later than the date on which

the permit is due to expire; or
(c) The additional applicable

requirements are implemented in a general

permit that is applicable to the installation

and the installation receives authorization for

coverage under that general permit;

(IV) The installation is an affected

source under the acid rain program and additional requirements (including excess emissions requirements) become applicable to that

source, provided that, upon approval by the

administrator, excess emissions offset plans

shall be deemed to be incorporated into the

permit; or

(V) The permitting authority or the

administrator determines that the permit must

be reopened and revised to assure compliance

with applicable requirements.

B. Notice to the permittee. If the permitting authority finds reason to believe that

a permit should be reopened for cause, it

shall provide at least thirty (30) day’s prior

written notice to the permittee, except the

notice period may be less if the permitting

authority finds that an emergency exists.

(I) This notice shall include a statement of the terms and conditions that the permitting authority proposes to change, delete,

or add to the permit. If the permitting authority does not have sufficient information to

determine the terms and conditions that must

be changed, deleted, or added to the permit,

the notice shall request the permittee to provide that information within a period of time

specified in the notice, which shall be not less

than thirty (30) days except in the case of an

emergency.

(II) If the proposed reopening is

pursuant to subparagraph (6)(E)6.A. of this

rule, the permitting authority shall give the

permittee an opportunity to provide evidence

that the permit should not be reopened.

C. Procedures for reissuance. In reissuing the permit, the permitting authority

shall follow the procedures established under

subsection (6)(E). The permittee shall in all

cases be afforded an opportunity to comment

on the revised permit terms.

D. Judicial review. Upon issuance of

the revised permit, both the determination to

reopen the permit and the revised permit

terms shall be subject to judicial review.

E. Extension of permit shield. While

a reopening proceeding is pending, the permittee shall be entitled to the continued protection of any permit shield provided in the

permit pending issuance of a revised permit,

unless the permitting authority specifically

suspends the permit shield on the basis of a

finding that this suspension is necessary to

implement applicable requirements. If this

finding applies only to certain applicable

requirements or to certain permit terms, the

suspension shall extend only to those requirements or terms.

F. Deadline for completion. Any

reopening and reissuance proceeding shall be

completed within eighteen (18) months after

promulgation of the applicable requirements.

7. Reopening permits for cause by the

administrator.

A. Notice of cause. If the permitting

authority receives notice from the administrator that the administrator has found cause to

revoke, modify, or reopen and reissue a part

70 operating permit, the permitting authority,

within ten (10) days after receipt of this notification, shall provide notice to the permittee.

The notice to the permittee shall include a

copy of the notice from the administrator and

invite the permittee to comment in writing on

the proposed action.

B. Proposed permitting authority

response. Within ninety (90) days following

receipt of the notification from the administrator, the permitting authority shall issue and

forward to the administrator a proposed

determination in response to the administrator’s notification. The permitting authority

may request an additional ninety (90) days for

this submission if this time is required to

obtain a new or revised permit application or

other information from the permittee.

C. Comment by the administrator.

The permitting authority shall address any

further comment or objection from the

administrator on the permitting authority’s

response to the administrator notification

pursuant to this section.

8. Revocations and terminations.

A. Cause for revocation. The permitting authority may revoke a part 70 operating

permit only upon request of the permittee or

for cause. For purposes of this section, cause

for revocation exists if—

(I) There is a pattern of unresolved

and repeated noncompliance with the terms

and conditions of the permit and the permittee has refused to take appropriate action

(such as a schedule of compliance) to resolve

the noncompliance;

(II) The permittee has failed to disclose material facts relevant to issuance of the

permit or has knowingly submitted false or

misleading information to the permitting

authority;

(III) The permitting authority finds

that the permitted installation or activity

endangers public health, safety, or the environment, and that the danger cannot be

removed by a modification of the terms of the

permit; or

(IV) The permittee has failed to pay

a civil or criminal penalty imposed for violations of the permit.

B. Notice to permittee. Upon finding

that cause exists for the revocation of a permit, the permitting authority shall notify the

permittee of that finding in writing, stating

the reasons for the proposed revocation.

Within thirty (30) days following receipt of

the notice, the permittee may submit written

comments concerning the proposed revocation. If the permitting authority after that

makes a final determination to revoke the permit, it shall provide a written notice to the

permittee specifying the reasons for the decision and the effective date of the revocation.

C. Conditional revocation. A permit

revocation issued under this section may be

issued conditionally, with a future effective

date, and may specify that the revocation will

not take effect if the permittee satisfies the

specified conditions before the effective date.

D. Application for termination. A

permittee may apply at any time for termination of all or a portion of its part 70 operating

permit relating solely to operations, activities, and emissions that have been permanently discontinued at the permitted installation.

An application for termination shall identify

with specificity the permit or permit terms

that relate to the discontinued operations,

activities, and emissions. The permitting

authority shall act on an application for termination on this ground within ninety (90)

days after receipt, and shall grant the application for termination upon finding that the permit terms for which termination is sought

relate solely to operations, activities, and

emissions that have been permanently discontinued. In terminating all or portions of a permit pursuant to this subsection, the permitting authority may make appropriate orders

for the submission of a final report or other

information from the permittee to verify the

complete discontinuation of the relevant operations, activities, and emissions.

E. Application for termination based

on general permit. A permittee may apply for

termination of its permit on the ground that

its operations, activities, and emissions are

fully covered by a general permit for which it

has applied and received coverage. The permitting authority shall act on an application

for termination on this ground within ninety

(90) days after receipt, and shall grant the

application upon a finding that the permittee’s installation’s operations, activities, and

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

emissions are fully covered by a general permit.

F. Application for new permit. An

installation that has received a final revocation or termination of its permit may apply

for a new permit.

9. Case-by-case determinations. If applicable requirements require the permitting

authority to make a case-by-case determination of an emission limitation, technology

requirement, work practice standard, or other

requirement for an installation, and to include

terms and conditions implementing that

determination in the installation’s part 70

operating permit, the installation shall

include in its permit application a proposed

determination, together with the data and

other information upon which the determination is to be based, and proposed terms and

conditions to implement the determination.

Upon receipt of a request from the applicant,

the permitting authority shall meet with the

applicant before the permit application is submitted to discuss the determination and the

information required to make it. In the event

the permitting authority determines that the

applicant’s proposed determination and

implementing terms and conditions should be

revised in the draft permit or the final permit,

the permitting authority shall in all cases

inform the applicant of the changes to be

made, and allow the applicant to comment on

those changes before issuing the draft permit

or final permit.

10. Public participation. The procedures

of section (7) of this rule shall be followed.

11. Judicial review. Any final action in

granting or denying an application for a permit, permit amendment, or modification or

permit renewal shall be subject to Missouri

Air Conservation Commission review as provided in 643.078 and 643.130, RSMo upon

an appeal filed by the applicant or permittee,

or by any affected state or other person who

participated in the public comment process.

If no public comment procedure was

employed for the action under challenge, an

application for review may be filed by the

permittee or an affected state. The opportunity for judicial review provided for in this subsection shall be the exclusive means for

obtaining judicial review of any permit

action.

A. Deadline for filing. No application

for judicial review may be filed more than

ninety (90) days following the final action on

which review is sought, unless the grounds

for review arose at a later time, in which case

the application for review shall be filed within ninety (90) days of the date on which the

grounds for review first arose, and review

shall be limited to such later-arising grounds.

B. Scope of review. Any application

for judicial review shall be limited to issues

that—

(I) Were raised in written comments filed with the permitting authority or

during a public hearing on the proposed permit action (if the grounds on which review is

sought were known at that time), except that

this restriction shall not apply if the person

seeking review was not afforded an advance

opportunity to comment on the challenged

action; and

(II) Are germane and material to

the permit action at issue.

C. Deadline for final action. For purposes of this section (6), final action shall

include a failure by the permitting authority

to take final action to issue or deny an application within the time specified in these regulations.

(F) Permit Review by the Administrator

and Affected States.

1. Administrator review.

A. Copies of applications, proposals,

and final actions. The applicant will provide

two (2) copies of the information included in

an application under this section. The permitting authority will forward to the administrator one (1) copy of each permit application,

including application for permit modification, request for validation, application for

permit renewal, draft permit, and each final

operating permit, modified permit, and permit renewal.

B. Administrator’s objection. No permit shall be issued or validated under this

section if the administrator objects to its

issuance in writing within forty-five (45) days

after receipt of the draft permit, modified

permit, or permit renewal and all necessary

supporting information.

C. Failure to respond to objection. If

the permitting authority does not respond to

an objection of the administrator by transmitting a revised draft permit, modified permit,

or renewal permit within ninety (90) days

after receipt of such objection, the administrator may issue or deny the permit, modified

permit, or permit renewal in accordance with

the Act.

D. Public petitions for objection. If

the administrator does not object to a proposed permit action, any person may petition

the administrator to make an objection within

sixty (60) days after expiration of the administrator’s forty-five (45)-day review period.

(I) This petition may only be based

on objections raised during the public review

process, unless the petitioner demonstrates

that it was impracticable to raise objection

during the public review period (including

when the grounds for objection arose after

that period).

(II) If the administrator responds to

a petition filed under this section by issuing

an objection, the permitting authority will not

issue the permit until the objection has been

resolved. If the permit was issued after the

administrator’s forty-five (45)-day review

period, and prior to any objection by the

administrator, the permitting authority shall

treat that objection as if the administrator

were reopening the permit for cause. In these

circumstances, the petition to the administrator does not stay the effectiveness of the

issued permit, and the permittee shall not be

in violation of the requirement to have submitted a complete and timely permit application.

2. Affected state review.

A. Notice of draft actions. The permitting authority will give notice of each

draft permit, modified permit, and renewed

permit to any affected state on or before the

time that the permitting authority provides

notice to the public, except in the case of

minor permit modifications. Affected states

may comment on the draft permit action during the period allowed for public comment,

as shall be set forth in a notice to affected

states.

B. Refusal to accept recommendations. If the permitting authority refuses to

accept all recommendations for a proposed

permit action that any affected state has submitted during the review period, the permitting authority shall notify the administrator

and the affected state in writing of its reasons

for not accepting the recommendations.

(7) Public Participation. Except for proposed

modifications qualifying for the minor permit

modification procedures, all permit proceedings, including initial permit issuance, significant permit modifications, and permit

renewals, shall be conducted in accordance

with the procedures for public participation

in this section (7). 

(A) Drafts for Public Comment and Public

Notice. After receipt of an application for a

permit, significant permit modification, or

permit renewal, and no later than sixty (60)

days before the deadline for issuance of a permit, significant permit modification, or permit

renewal for the administrator’s review, the permitting authority shall issue a draft permit and

solicit comment from the applicant, affected

states, and the public as follows: 
1. The permitting authority shall provide

notice to the public by—

A. Making available in at least one (1)

location in the area in which the installation

is located a public file containing copies of all

materials that the applicant has submitted

other than those granted confidential treatment, copies of the preliminary determination and draft permit, modified permit, or

permit renewal, and a copy or summary of

other materials, if any, considered in making

the preliminary permit determination; or

B. State publication or web site

designed to give general public notice details

of the proposed action or publishing in at

least one (1) newspaper of general circulation

in the area in which the installation is located, a notice of the application, the preliminary permit determination, the location of the

public file, the procedures for submitting

written comments and for requesting a public

hearing, and the date, time, and location for

a public hearing if one is to be held; and 

2. Copies of the notice required shall be

sent to the applicant and to the representatives of affected states designated by those

states to receive the notices.

(B) Public Notice. The public notice shall

establish a period of not less than thirty (30)

days following publication of the notice for

the submission of written comments, and

shall identify the affected installation, the

name and address of the applicant or permittee, the name and address of a permitting

authority representative with responsibility

for the permitting action, the activity(ies)

involved in the permit action, the emissions

change involved in any permit modification

and the location of the public file. 

(C) Public Hearing Opportunity. The permitting authority shall hold an informal public hearing on the draft permit, modified permit, or permit renewal if—

1. A timely request is made for such a

hearing during the public comment period;

and 

2. The person requesting the hearing

identifies material issues concerning the preliminary permit determination and the permitting authority determines that a public

hearing will be useful in resolving those

issues. 

(D) Time of Public Hearing. Any public

hearing held under this section shall be held

no earlier than the thirty-first day following

publication of the public notice and no later

than the thirtieth day preceding the deadline

for the draft permit, modified permit, or permit renewal under this section. 

(E) Scope of Public Hearing. The permitting authority may limit participation at the

public hearing to issues raised in written

comments submitted during the public comment period. The officer conducting the hearing, as appropriate, may impose additional

limitations, including time restrictions. 

(F) Applicant’s Opportunity to Respond to

Comments. The applicant shall be afforded

an opportunity to submit, within ten (10) days

following the close of the public comment

period or the public hearing, whichever is

later, a response to any comments made. 

(G) Consideration of Comments Received.

The permitting authority shall consider all

comments submitted by the applicant, the

public, and affected states in reaching its final

determination and issuing the proposed permit, modified permit, or permit renewal for

the administrator’s review. The permitting

authority shall maintain a list of all commenters and a summary of the issues raised

and shall make that information available in

the public file and supply it to the administrator upon request. 

(H) Written Response to Comments. At the

time a draft permit, modified permit, or permit renewal is proposed for the administrator’s review, the permitting authority shall

issue a written response to all comments submitted by affected states and all significant

comments submitted by the applicant and the

public. Copies of this written response shall

be provided to the administrator, affected

states, and the applicant and a copy shall be

placed in the public file.

AUTHORITY: section 643.050, RSMo Supp.

2013.* Original rule filed Sept. 2, 1993,

effective May 9, 1994. Amended: Filed June

5, 1995, effective Jan. 30, 1996. Amended:

Filed Oct. 3, 1995, effective June 30, 1996.

Amended: Filed Aug. 14, 1997, effective

April 30, 1998. Amended: Filed Sept. 22,

1999, effective May 30, 2000. Amended:

Filed Sept. 4, 2001, effective May 30, 2002.

Amended: Filed July 19, 2002, effective April

30, 2003. Amended: Filed March 5, 2003,

effective Oct. 30, 2003. Amended: Filed Dec.

14, 2004, effective Sept. 30, 2005. Emergency amendment filed Dec. 15, 2010, effective

Jan. 3, 2011, expired July 1, 2011. Amended:

Filed Nov. 30, 2010, effective Aug. 30, 2011.

Amended: Filed Jan. 31, 2012, effective Sept.

30, 2012. Amended: Filed Aug. 17, 2015,

effective March 30, 2016.

*Original authority: 643.050, RSMo 1965, amended 1972,

1992, 1993, 1995, 2011.

10 CSR 10-6.070 New Source Performance

Regulations 

PURPOSE: This rule establishes acceptable

design and performance criteria for specified

new or modified emission sources. 

PUBLISHER’S NOTE:  The secretary of state

has determined that the publication of the

entire text of the material which is incorporated by reference as a portion of this rule would

be unduly cumbersome or expensive.  This

material as incorporated by reference in this

rule shall be maintained by the agency at its

headquarters and shall be made available to

the public for inspection and copying at no

more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) Applicability.

(A) The provisions of 40 CFR 60 promulgated as of June 30, 2012, and Federal Register

Notices 77 FR 48433, 77 FR 49490, and 77

FR 56422 promulgated from July 1, 2012,

through December 31, 2012, shall apply and

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.

(B) Exceptions to subsection (1)(A) of this

rule are as follows: 

1. Sections 60.4, 60.9, and 60.10 of

subpart A; 

2. Subpart B in its entirety;

3. Those provisions which are not delegable by the United States Environmental

Protection Agency (EPA); and

4. Incinerators which are subject to Hazardous Waste Management Commission rule

40 CFR 264, subpart O, as incorporated in 10

CSR 25-7.264, shall not be subjected to the

requirements of this rule. The exemptions

granted under 40 CFR 264.340(b), as incorporated in 10 CSR 25-7.264, are subject to

this rule. All other applicable requirements of

this chapter shall remain in effect as to the

incinerators.

(C) In addition to complying with the provisions of this rule, affected sources may be

required to obtain an operating permit pursuant to Title V of the Clean Air Act Amendments or 10 CSR 10-6.065.

(D) Where emission limitations, test procedure, or other requirements found in both

subsection (1)(A) of this rule and in another

rule under Title 10 Division 10 of the Code of

State Regulations are applicable to an emission source, the more restrictive rule requirement shall be applied.

(2) Definitions. Certain terms used in 40 CFR

part 60 refer to federal officers, agencies, and 

JASON KANDER (2/29/16) CODE OF STATE REGULATIONS 89

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

Order of Rulemaking

The Missouri Air Conservation Commission ADOPTS the following action

on this ITth day of November, 2015:

10 CSR l0-6,060 (amendment) Construction Permits Required

Chairman

Vice Chairnan

, Member

, Member

, Member

. Member

Member

---------------------------------

---------------------------------

---------------------------------

---------------------------------

---------------------------------

Order of Rulemaking 

The Missouri Air Conservation Commission ADOPTS the following action 

on this 17th day ofNovember, 2015: 

10 CSR 10-6.060 (amendment) Construction Permits Required 

, Chairman 

, Vice Chairman 

---= C"(ft !.:::.. , ...:.....Jp..... K ------=:::: t.......::. , -=~____, Member J I 

, Member 

_________________________________,Member 

, Member 

, Member 

0rder of Rulemakine

The Missouri Air Conservation Commission ADOPTS the following action

on this ITth day of November, 2015:

10 CSR 10-6.065 (amendment) Operating Permits

\

, Chairman

Vice Chairman

Member

Member

Member

, Member

----------------------------------

--------------------------------

----------------------------------

----------------------------------

----------------------------------

----------------------------------

Order of Rulemaking 

The Missouri Air Conservation Commission ADOPTS the following action 

on this 17th day ofNovember, 2015: 

10 CSR 10-6.065 (amendment) Operating Permits 

, Chairman 

, Vice Chairman 

, Member 

, Member 

, Member 

, Member 

Missouri Department of Natural Resources

http://dnr.mo.gov/env/apcp/rulemaking.htm[9/29/2015 9:16:44 AM]

MO.gov Governor Jay Nixon Find an Agency Online Services

Programs Forms and Permits Publications Laws and Regulations Online Services Calendar of Events

Rulemakings on Public Notice

» » Air Pollution Control Program

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 change the construction permit fee structure pursuant to

 643.079.10, RSMo.

In addition, the Air Program is proposing to clarify that the construction permit processing fee

 begins to accrue when the Air Program receives the application.

Increased construction permit fees will contribute to funding permit work and other related

 activities. The Air Program intends for this increase to construction permits to cover a reasonable

 portion of the costs related to permitting. If these fee changes become effective on January 1,

 2017, construction permit applicants will be subject to the new filing fees for applications

 submitted after December 31, 2016. If the new processing fee of $75 per hour becomes effective

 January 1, 2017, permits in process as of December31, 2016, will be charged $50 per hour

 through December 31, 2016 and $75per hour for work completed from January 1, 2017 forward.

Proposed Rulemaking - Published in September 15, 2015, Missouri Register

Rulemaking Detail

Submit comments now

Submit written comments

Comments on this rulemaking will be accepted through close of business Nov. 5, 2015.

10 CSR 10-6.065 (amendment) Operating Permits

This proposed amendment will change the operating permit fee structure pursuant to 643.079.10,

 RSMo.

In addition, the Air Program is proposing to remove the incinerator applicability language in

 subsection (1)(B) that requires all owners or operators of incinerators to apply for an operating

 permit regardless of the amount of air emissions.

Increased operating permit fees will contribute to funding permit work and other related activities.

 The Air Program intends for this increase to operating permits to cover a reasonable portion of the

 costs related to permitting. If these fee changes become effective on January 1, 2017, businesses

 renewing their operating permit or applying for a new operating permit after December 31, 2016

 will pay the increased fees proposed by this rulemaking.

Proposed Rulemaking - Published in September 15, 2015, Missouri Register

Rulemaking Detail

Submit comments now

Submit written comments

Comments on this rulemaking will be accepted through close of business Nov. 5, 2015

10 CSR 10-6.241 (amendment) Asbestos Projects—Registration, Notification and

 Performance Requirements

This proposed amendment will change the asbestos fee structure for asbestos-related registration,

 notification and performance requirements pursuant to 643.079.10, RSMo. The increased asbestos



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P.O. Box 176

Jefferson City, MO 65102

800-361-4827

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Meet the Air Pollution Control

 Program Director
Missouri Department of Natural Resources

http://dnr.mo.gov/env/apcp/rulemaking.htm[9/29/2015 9:16:44 AM]

 fees will enable the department’s Air Pollution Control Program to maintain its asbestos program

 to protect the health of Missouri citizens. If the fee changes become effective January 1, 2017,

 affected entities will be subject to the new fees for asbestos-related activities commenced after

 December 31, 2016.

Proposed Rulemaking - Published in August 17, 2015, Missouri Register

Rulemaking Detail

Submit comments now

Submit written comments

Comments on this rulemaking will be accepted through close of business Oct. 1, 2015.

10 CSR 10-6.250 (amendment) Asbestos Projects—Certification, Accreditation and

 Business Exemption Requirements

This proposed amendment will change the asbestos fee structure for asbestos-related certification,

 accreditation and business exemption requirements pursuant to 643.079.10, RSMo. The increased

 asbestos fees will enable the department’s Air Pollution Control Program to maintain its asbestos

 program to protect the health of Missouri citizens. If the fee changes become effective January 1,

 2017, affected entities will be subject to the new fees for asbestos-related activities commenced

 after December 31, 2016.

Proposed Rulemaking - Published in August 17, 2015, Missouri Register

Rulemaking Detail

Submit comments now

Submit written comments

Comments on this rulemaking will be accepted through close of business Oct. 1, 2015.

Submit written comments about any rule development to:

Chief, Air Quality Planning Section

Missouri Department of Natural Resources

Air Pollution Control Program

P.O. Box 176

Jefferson City, MO 65102-0176

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Privacy Policy Accessibility Contact Us Online Services Proposed Rules
1

Bechtel, Cheri

From: Missouri DNR <MODNR@public.govdelivery.com>

Sent: Tuesday, September 29, 2015 8:14 AM

To: Bastian, Tom; Bechtel, Cheri; Moore, Kyra; Alexander, Jennifer; Bungart, Renee; Nahach, 

Lisa; Archer, Larry; Vit, Wendy; Deidrick, Steph

Subject: Courtesy Copy: Air Public Notices Missouri Air Conservation Commission - October 29, 

2015 Public Hearing

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 (778 recipients) 

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

MISSOURI AIR CONSERVATION COMMISSION 

WILL HOLD PUBLIC HEARING 

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

Thursday, October 29, 2015 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 

 

This proposed amendment will change the construction permit fee structure pursuant to 643.079.10, 

RSMo, as summarized below: 

 Increases the filing fee for de minimis, minor, and temporary source construction 

permits from $100 to $250 per application; 

 Increases the filing fee for major construction permits from $100 to $5,000 per 

application; 

 Increases the construction permit processing fee from $50 per hour to $75 per hour, 

including permit amendments; and 

 Increases the Portable Source Relocation Request fee from $200 per request to $300 

per request. 

 

In addition, the Air Program is proposing to clarify that the construction permit processing fee begins 

to accrue when the Air Program receives the application. 

 
2

Increased construction permit fees will contribute to funding permit work and other related activities. 

The Air Program intends for this increase to construction permits to cover a reasonable portion of the 

costs related to permitting. If these fee changes become effective on January 1, 2017, construction 

permit applicants will be subject to the new filing fees for applications submitted after December 31, 

2016. If the new processing fee of $75 per hour becomes effective January 1, 2017, permits in process 

as of December 31, 2016, will be charged $50 per hour through December 31, 2016 and $75 per hour 

for work completed from January 1, 2017 forward. 

 

* 10 CSR 10-6.065 (amendment) Operating Permits 

 

This proposed amendment will change the operating permit fee structure pursuant to 643.079.10, 

RSMo as summarized below: 

 Increases the fee for basic operating permits from $100 to $500 per application; and 

 Increases intermediate and part 70 operating permit fees from $100 to various amounts 

based on the complexity of the permit. The total filing fee is the base fee plus the sum 

of all applicable complexity fee items the facility is subject to at the time the permit 

application is submitted. Intermediate and part 70 operating permit fees will range from 

a minimum of $750 to a maximum of $6,000. 

 

In addition, the Air Program is proposing to remove the incinerator applicability language in 

subsection (1)(B) that requires all owners or operators of incinerators to apply for an operating permit 

regardless of the amount of air emissions. 

 

Increased operating permit fees will contribute to funding permit work and other related activities. The

Air Program intends for this increase to operating permits to cover a reasonable portion of the costs 

related to permitting. If these fee changes become effective on January 1, 2017, businesses renewing 

their operating permit or applying for a new operating permit after December 31, 2016 will pay the 

increased fees proposed by this rulemaking. 

 

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 November 5, 2015. 

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) 751-7840. 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 
3

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. 

 

 

 

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 subscriberhelp.govdelivery.com. 

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

 PUBLIC HEARING 10/29/2015

www.midwestlitigation.com Phone: 1.800.280.DEPO(3376) Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 1

1

2 BEFORE THE DEPARTMENT OF NATURAL RESOURCES

 STATE OF MISSOURI

3

4

5 Missouri Air Conservation Commission Meeting

 Public Hearing

6 Elm Street Conference Center

 1730 East Elm Street

7 Lower Level

 Bennett Springs Conference Room

8 Jefferson City, Missouri

 October 29, 2015

9

10

COMMISSION MEMBERS PRESENT:

11

 David Zimmerman, Chairman

12 Gary Pendergrass

 Jack Baker

13 Mark S. Garnett

14

15

16

17

18

19

20

21

REPORTED BY:

22 Patricia A. Stewart, CCR 401

Midwest Litigation Services

23 3432 Truman Boulevard, Suite 207

Jefferson City, Missouri 65109

24 (573) 636-7551

25
 PUBLIC HEARING 10/29/2015

www.midwestlitigation.com Phone: 1.800.280.DEPO(3376) Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 3

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

2 CHAIRMAN ZIMMERMAN: The hearing will come to

3 order.

4 Let the record show that the follow

5 Commissioners are present: Jack Baker, Mark Garnett,

6 Gary Pendergrass and David Zimmerman.

7 The Air Conservation Commission of the State

8 of Missouri has called this public hearing pursuant to

9 Section 643.070, Revised Statutes of Missouri, EPA

10 Promulgated Rule 40 CFR 51.102, for the purpose of

11 hearing testimony relating to 10 CSR 10-6.060,

12 construction permits required, 10 CSR 10-6.065,

13 operating permits.

14 The hearing record will close at 5:00 p.m. on

15 November 5th, 2015.

16 Anyone who has not been scheduled to appear

17 but wishes to be heard should indicate that you wish to

18 speak on the sign-in sheets available at the door.

19 Section 643.100 of the Missouri statutes

20 provides that all oral testimony be given under oath.

21 Accordingly, when you are called to testify, please

22 present yourself to the court reporter first to be sworn

23 in.

24 When you testify, please state your name,

25 business address and your occupation or affiliation.
 PUBLIC HEARING 10/29/2015

www.midwestlitigation.com Phone: 1.800.280.DEPO(3376) Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 5

1 control agencies, Illinois, Kansas and other surrounding

2 states and the U.S. Environmental Protection Agency of

3 this public hearing.

4 Chairman, this concludes my testimony.

5 CHAIRMAN ZIMMERMAN: Thank you.

6 We will now have Shelly Reimer to present

7 10 CSR 10-6.060 and 10-6.065

8 (Witness sworn.)

9 MS. REIMER: Good morning, Commissioners. My

10 name is Shelly Reimer. I work with the Missouri

11 Department of Natural Resources Air Pollution Control

12 Program at 1659 East Elm Street in Jefferson City.

13 I am here to present testimony for the

14 proposed amendments of two State regulations:

15 10 CSR 10-6.060, construction permits required, and

16 10 CSR 10-6.065, operating permits.

17 With the Commission's approval I would like

18 to present the two proposed rulemakings together since

19 both amendments primarily concern permit fees.

20 CHAIRMAN ZIMMERMAN: That's fine.

21 MS. REIMER: The rule information begins on

22 page 83 of your briefing document.

23 These rulemakings propose to increase the air

24 permit fees to cover a reasonable portion of the costs

25 related to permitting. This would be the first increase

Proposed Rules

1142

September 15, 2015

Vol. 40, No. 18

MISSOURI

REGISTER

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 10-6.060 Construction Permits Required. The commission proposes to amend subsections (4)(D), (10)(A), and (12)(A). If

the commission adopts this rule action, the department intends 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 defines sources which are required to obtain

permits to construct. It establishes requirements to be met prior to

construction or modification of any of these sources. This rule also

establishes permit fees and public notice requirements for certain

sources and incorporates a means for unifying the processing of construction and operating permit issuance. This amendment changes

the construction permit fees pursuant to 643.079.10, RSMo. This

proposed rulemaking will increase the filing fee for de minimis,

minor, and temporary source construction permits from one hundred

dollars ($100) to two hundred fifty dollars ($250); increase the filing

fee for major construction permits from one hundred dollars ($100)

to five thousand ($5,000) dollars; increase the processing fee from

fifty dollars ($50) per hour to seventy-five dollars ($75) per hour,

including permit amendments; increase the Portable Source

Relocation Request fee from two hundred dollars ($200) to three hundred dollars ($300) per request; and clarify that the processing fee

begins to accrue when the Air Pollution Control Program receives the

application. The revenue from the increased construction permit fees

will help keep the Air Pollution Control Program solvent and able to

continue to provide the level of services and activities required to be

the implementing agency of the federal Clean Air Act in the state of

Missouri. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is 643.079.10, RSMo, and the August

3, 2015, presentation to the Missouri Air Conservation Commission.

(4) Portable Equipment Permits. Portable equipment must meet the

following criteria:

(D) The following conditions must be met when permitted

portable equipment is to be operated at a different location: 

1. When the owner or operator wishes to operate the portable

equipment at a new location not previously permitted or at a location

where other sources (either permanent or portable) are operating, the

owner or operator shall submit to the permitting authority a Portable

Source Relocation Request, property boundary plot plan, and the

equipment layout for the site. A relocation request is subject to the

fees as described in subsection (10)(A) of this rule and the time

frames specified in this rule[, except for the permit filing fee].

The relocation request will be approved if it is determined that there

will be no significant impact on any Class I area or an area where air

quality increments have been consumed. The permitting authority

shall make the final determination and, if appropriate, approve the

relocation request no later than twenty-one (21) calendar days after

receipt of the complete Portable Source Relocation Request;

2. When the owner or operator wishes to relocate the portable

equipment to a site that is listed on the permit or on the amended permit (provided other sources are not approved to operate at the same

location), the owner or operator shall report the move to the permitting authority on a Portable Source Relocation Request for authorization to operate in the new locale as soon as possible, but not later

than seven (7) calendar days prior to ground breaking or initial

equipment erection. No fees are associated with this authorization.

Authorization will be presumed if notification of denial is not

received by the specified ground breaking or equipment erection

date; and 

3. The equipment shall be operated at each new location no

more than twenty-four (24) consecutive months without an intervening relocation. 

(10) Permit [Amendments and] Fees and Amendments. 

(A) Permit Fees. 

Under this heading will appear the text of proposed rules

and changes. The notice of proposed rulemaking is

required to contain an explanation of any new rule or any

change in an existing rule and the reasons therefor. This is set

out in the Purpose section with each rule. Also required is a

citation to the legal authority to make rules. This appears following the text of the rule, after the word “Authority.”

Entirely new rules are printed without any special symbology under the heading of proposed rule. If an existing

rule is to be amended or rescinded, it will have a heading of

proposed amendment or proposed rescission. Rules which

are proposed to be amended will have new matter printed in

boldface type and matter to be deleted placed in brackets.

An important function of the Missouri Register is to solicitand encourage public participation in the rulemaking

process. The law provides that for every proposed rule,

amendment, or rescission there must be a notice that anyone

may comment on the proposed action. This comment may

take different forms.

I

f an agency is required by statute to hold a public hearing

before making any new rules, then a Notice of Public

Hearing will appear following the text of the rule. Hearing

dates must be at least thirty (30) days after publication of the

notice in the Missouri Register. If no hearing is planned or

required, the agency must give a Notice to Submit

Comments. This allows anyone to file statements in support

of or in opposition to the proposed action with the agency

within a specified time, no less than thirty (30) days after publication of the notice in the Missouri Register. 

An agency may hold a public hearing on a rule even

though not required by law to hold one. If an agency

allows comments to be received following the hearing date,

the close of comments date will be used as the beginning day

in the ninety- (90-) day-count necessary for the filing of the

order of rulemaking.

I

f an agency decides to hold a public hearing after planning

not to, it must withdraw the earlier notice and file a new

notice of proposed rulemaking and schedule a hearing for a

date not less than thirty (30) days from the date of publication

of the new notice.

Proposed Amendment Text Reminder:

Boldface text indicates new matter.

[Bracketed text indicates matter being deleted.]
1. All installations or source operations requiring permits under

this rule [shall make application to the permitting authority

and] must submit the application with a permit filing fee [of one

hundred dollars ($100)] to the permitting authority. Failure to

submit the permit filing fee constitutes an incomplete permit application according to paragraph (12)(A)2. of this rule. 

2. Upon [the determination that a complete] receipt of an

application for a permit or a permit amendment [has been

received], a [fee for] permit processing [in the amount of fifty

dollars ($50)] fee begins to accrue per hour of actual staff time

[will begin to accrue]. In lieu of the [fifty-dollar ($50)] per-hour

[review] processing fee[,] for projects subject to [review under]

paragraph (4)(D)1. of this rule, a flat fee [of two hundred dollars

($200) shall] as specified in subsection (10)(A) of this rule must

be submitted by the applicant. 

3. The applicant shall submit fees for the processing of the permit application within ninety (90) calendar days of the final review

determination, whether the permit is approved, denied, withdrawn,

or not needed. After the ninety (90) calendar days, the unpaid processing fees shall have interest imposed upon the unpaid amount at

the rate of ten percent (10%) per annum from the date of billing until

payment is made. Failure to submit the processing fees after the ninety (90) calendar days will result in the permit being denied (revoked

for portable installation location amendments) and the rejection of

any future permit applications by the same applicant until the processing fee plus interest have been paid.

4. In addition to permit filing and processing fees, the applicant

shall pay for any publication of notice required and shall pay for the

original and one (1) copy of the transcript, to be filed with the permitting authority, of any hearing required under this rule. No permit

shall be issued until all publication and transcript costs have been

paid. 

5. Partially processed permits that are withdrawn after submittal

shall be charged at the same processing fee rate in [paragraph] subsection (10)(A)[2.] of this rule for the time spent processing the

application. 

6. The commission may reduce the permit processing fee or

exempt any person from payment of the fee upon an appeal filed with

the commission stating and documenting that the fee will create an

unreasonable economic hardship upon the person. 

7. Any person who obtains a valid permit from a city or county

holding a certificate of authority granted by the commission under

[section] 643.140, RSMo, shall be deemed to have met the fee

requirements of this section for that permit.

(12) Appendices. 

(A) Appendix A, Permit Review Pro cedures. 

1. Preapplication meeting. Prior to submittal of a complete permit application, the applicant may request a preapplication meeting

with the permitting authority to discuss the nature of and apparent

requirements for the forthcoming permit application. This meeting

shall not fall under the permit fee requirements. 

2. Complete application. 

A. The permitting authority shall review each application for

completeness and shall inform the applicant within thirty (30) days if

the application is not complete. In order to be complete, an application must include a completed application form and, to the extent not

called for by the form, the information required in paragraph

(12)(A)4. of this rule.

B. If the permitting authority does not notify the installation

that its application is not complete within thirty (30) days of receipt

of the application, the application shall be deemed complete.

However, nothing in this subsection shall prevent the permitting

authority from requesting additional information that is reasonably

necessary to process the application.

(I) The permitting authority shall maintain a checklist to be

used for the completeness determination. A copy of the checklist

identifying the application’s deficiencies shall be provided to the

applicant along with the notice of incompleteness. 

(II) If, while processing an application that has been determined or deemed to be complete, the permitting authority determines

that additional information is necessary to evaluate or to take final

action on that application, the permitting authority may request this

additional information in writing. In requesting this information, the

permitting authority shall establish a reasonable deadline for a

response. The review period will be extended by the amount of time

necessary to collect the required information. 

(III) In submitting an application for amendment of a construction permit, the applicant may incorporate by reference those

portions of the existing permit (and the permit application and any

permit amendment) that describe products, processes, operations,

and emissions. The applicant must identify specifically and list

which portions of the previous permit, applications, or both, are

incorporated by reference. In addition, a permit amendment application must contain— 

(a) Information specified in paragraph (12)(A)4. of this

rule for those products, processes, operations, and emissions— 

I. That are not addressed in the previous permit or

application; 

II. That are subject to applicable requirements that are

not addressed in the previous permit or application; or 

III. For which the applicant seeks permit terms and

conditions that differ from those in the previous permit or application. 

C. Confidential information. An applicant may submit information to the permitting authority under a claim of confidentiality

pursuant to 10 CSR 10-6.210.

D. Filing fee. Each application must be accompanied by [a

one hundred-dollar ($100)] the filing fee as specified in subsection (10)(A) of this rule. 

3. Duty to supplement or correct application. Any applicant

who fails to submit any relevant facts or who has submitted incorrect

information in a permit application, upon becoming aware of the failure or incorrect submittal, shall promptly submit supplementary facts

or corrected information. In addition, an applicant shall provide

additional information, as necessary, to address any requirements

that become applicable to the installation after the date an application

is deemed complete, but prior to the issuance of the construction permit. 

4. Standard application form and required information. The

director will provide a standard application package for applicant’s

use. An applicant shall submit an application package consisting of

the standard application form and Emissions Information for

Construction Permit Application. After the effective date of this rule,

any revision to the department-supplied forms will be presented to

the regulated community for a forty-five (45)-day comment period.

The application package must include all information needed to

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Vol. 40, No. 18 Missouri Register

Permit 

Application Type 

Rule 

Subsection 

Reference 

Filing Fee Processing Fee 

Existing

Effective 

Jan. 1, 

2017 

Existing 

Effective 

Jan. 1, 

2017 

Portable Source 

Relocation 

Request 

(4) $200 $300 ---- ---- 

De minimis (5) $100 $250 $50/hr $75/hr 

Minor (6) $100 $250 $50/hr $75/hr 

NSR (7) $100 $5,000 $50/hr $75/hr 

PSD (8) $100 $5,000 $50/hr $75/hr 

HAP (9) $100 $5,000 $50/hr $75/hr 

Temporary/Pilot (3) $100 $250 $50/hr $75/hr 

Permit 

Amendment (10) ---- ---- $50/hr $75/hr 
determine applicable requirements. The application must include

information needed to determine the applicability of any applicable

requirement. The applicant shall submit the information called for by

the application form for each emissions unit at the installation to be

permitted. The standard application form (and any attachments) shall

require that the following information be provided: 

A. Identifying information. The applicant’s company name

and address (or plant name and address if different from the company name), the owner’s name and state registered agent, and the telephone number and name of the plant site manager or other contact

person; 

B. Processes and products. A description of the installation’s

processes and products (by two (2)-digit Standard Industrial

Classification Code); 

C. Emissions-related information. The following emissionsrelated information on the emission inventory forms: 

(I) All emissions of regulated air pollutants. The permit

application shall describe all emissions of regulated air pollutants

emitted from each emissions unit, except as provided for by this section. The installation shall submit additional information related to

the emissions of air pollutants sufficient to verify which requirements

are applicable; 

(II) Identification and description of all emissions units

whose emissions are included in part (12)(A)4.C.(I) of this rule, in

sufficient detail to establish the applicability of all requirements; 

(III) Emissions rates, or information that enables the permitting authority to determine such rates, in tons per year and in

such terms as are necessary to establish compliance consistent with

the applicable standard reference test method, if any; 

(IV) Information to the extent needed to determine or regulate emissions: fuels, fuel use, raw materials, production rates, and

operating schedules; 

(V) Identification and description of air pollution control

equipment; 

(VI) Identification and description of compliance monitoring devices or activities; 

(VII) Limitations on installation operations affecting emissions or any work practice standards, where applicable, for all regulated air pollutants; 

(VIII) Other information required by any applicable

requirement (including information related to stack height limitations

developed pursuant to section 123 of the Act); and

(IX) Calculations on which the information in parts

(12)(A)4.C.(I)–(VIII) of this rule is based; 

D. Other specific information required under the permitting

authority’s rule to implement and enforce other applicable requirements of the Act or of these rules, or to determine the applicability

of these requirements. 

5. Certification by responsible official. Any application form or

report submitted pursuant to this rule shall contain certification by a

responsible official of truth, accuracy, and completeness. This certification, and any other certification, shall be signed by a responsible

official and shall contain the following language: “I certify, based on

information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.” 

6. Receipt of the complete application. Upon receipt of a complete permit application, the permitting authority shall proceed with

processing of the application. 

7. Notification of processing fees. Upon request, [T]the permitting authority, as timely as possible, will notify the applicant in

writing if the permit processing fee approaches one thousand dollars

($1,000) and in one thousand-dollar ($1,000) increments after that. 

8. Public participation. For all applications for sources that emit

five (5) or more tons of lead per year, or that contain good engineering practice stack height demonstrations, or that are subject to section (7) or (8) of this rule, the permitting authority shall follow the

procedures for public participation as specified in section (12),

Appendix (B) of this rule. 

9. Final completeness determination. Final determination will

be made on the following schedules: 

A. The permitting authority will make final determinations

for complete permit applications processed under section (7), (8), or

(9) of this rule no later than one hundred eighty-four (184) calendar

days after receipt of a complete application, taking into account any

additional time necessary for missing information; 

B. The permitting authority will make final determination for

complete permit applications processed under section (3), (4), (5),

or (6) of this rule no later than ninety (90) calendar days after receipt

of a complete application, taking into account any additional time

necessary for missing information; and 

C. If the permitting authority exceeds the time for review

described in subparagraph (12)(A)9.A. or B. of this rule, the applicant shall not be required to pay the processing fee associated with

the application. 

10. Conditions required by permitting authority. The permitting

authority may impose those conditions in a permit as may be necessary to accomplish the purposes of this rule, any applicable requirements, or the Air Conservation Law, Chapter 643, RSMo, and are

no less stringent than any applicable requirements. Nothing in this

rule shall be deemed to limit the power of the permitting authority in

this regard. The following condition examples are solely for the purposes of illustration, and do not limit the generality of the preceding

liberal sentence: 

A. Sampling ports of a suitable size, number, and location; 

B. Safe access to each port; 

C. Instrumentation to monitor and record emission data; 

D. Other sampling and testing facilities; 

E. Operating or work practice constraints to limit the maximum level of emissions; 

F. Emission control device efficiency specifications to limit

the maximum level of emissions; 

G. Maximum level of emissions; 

H. Emission testing after commencing operations, to be conducted by the owner or operator, as necessary to demonstrate compliance with applicable requirements or other permit conditions; 

I. Data reporting; and 

J. Post-construction ambient monitoring and reporting. 

11. Drafts for public comment. Following review of an application, the permitting authority shall issue a draft permit for public

comment, in accordance with subsection (12)(B) of this rule. The

draft shall be accompanied by a statement setting forth the legal and

factual basis for the draft permit conditions (including references to

applicable statutory or regulatory provisions). The permitting authority shall send this statement to the administrator, to affected states,

and to the applicant, and shall place a copy in the public file. 

12. Additional procedures needed for unified reviews of this

rule’s section (6), (7), (8), or (9) unified review construction permit

applications and part 70 operating permit applications.

A. Permit review by the administrator and affected states. 

(I) Administrator review. 

(a) Copies of applications, proposals, and final actions.

The applicant will provide two (2) copies of the information included

in an application. The permitting authority will forward to the

administrator one (1) copy of each permit application and each final

operating permit. 

(b) Administrator’s objection. No permit shall be issued

under this rule if the administrator objects to its issuance in writing

within forty-five (45) days after receipt of the proposed permit and

all necessary supporting information. 

(c) Failure to respond to objection. If the permitting

authority does not respond to an objection of the administrator by

transmitting a revised proposed permit within ninety (90) days after

receipt of that objection, the administrator may issue or deny the permit in accordance with the Act. 

(d) Public petitions for objection. If the administrator

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does not object to a proposed permit action, any person may petition

the administrator to make such an objection within sixty (60) days

after expiration of the administrator’s forty-five (45)-day review period. 

I. This petition may only be based on objections

raised during the public review process, unless the petitioner demonstrates that it was impracticable to raise objection during the public

review period (including when the grounds for objection arose after

that period). 

II. If the administrator responds to a petition filed

under this section by issuing an objection, the permitting authority

will not issue the permit until the objection has been resolved. If the

permit was issued after the administrator’s forty-five (45)-day review

period, and prior to any objection by the administrator, the permitting authority shall treat that objection as if the administrator were

reopening the permit for cause. In these circumstances, the petition

to the administrator does not stay the effectiveness of the issued permit, and the permittee shall not be in violation of the requirement to

have submitted a complete and timely permit application. 

(II) Affected state review. 

(a) Notice of draft actions. The permitting authority will

give notice of each draft permit to any affected state on or before the

time that the permitting authority provides notice to the public.

Affected states may comment on the draft permit action during the

period allowed for public comment, as shall be set forth in a notice

to affected states. 

(b) Refusal to accept recommendations. If the permitting

authority refuses to accept all recommendations for a proposed permit action that any affected state has submitted during the review

period, the permitting authority shall notify the administrator and the

affected state in writing of its reasons for not accepting those recommendations. 

B. Proposals for review. Following the end of the public comment period, the permitting authority shall prepare and submit to the

administrator a proposed permit. 

(I) The proposed permit shall be issued no later than fortyfive (45) days after the deadline for final action under this section and

shall contain all applicable requirements that have been promulgated

and made applicable to the installation as of the date of issuance of

the draft permit. 

(II) If new requirements are promulgated or otherwise

become newly applicable to the installation following the issuance of

the draft permit, but before issuance of a final permit, the permitting

authority may elect to either— 

(a) Extend or reopen the public comment period to

solicit comment on additional draft permit provisions to implement

the new requirements; or 

(b) If the permitting authority determines that this extension or reopening of the public comment period would delay issuance

of the permit unduly, the permitting authority may include in the proposed or final permit, or both, a provision stating that the operating

permit will be reopened immediately to incorporate the new requirements and stating that the new requirements are excluded from the

protection of the permit shield. If the permitting authority elects to

issue the proposed or final permit, or both, without incorporating the

new requirements, the permitting authority, within thirty (30) days

after the new requirements become applicable to the source, shall

institute proceedings pursuant to this section to reopen the permit to

incorporate the new requirements. These reopening proceedings may

be instituted, but need not be completed, before issuance of the final

permit. 

C. Action following the administrator’s review. 

(I) Upon receipt of notice that the administrator will not

object to a proposed permit that has been submitted for the administrator’s review pursuant to this section, the permitting authority shall

issue the permit as soon as practicable, but in no event later than the

fifth day following receipt of the notice from the administrator. 

(II) Forty-five (45) days after transmittal of a proposed permit for the administrator’s review, and if the administrator has not

notified the permitting authority that s/he objects to the proposed

permit action, the permitting authority shall promptly issue the permit, but in no event later than the fiftieth day following transmittal to

the administrator. 

(III) If the administrator objects to the proposed permit,

the permitting authority shall consult with the administrator and the

applicant, and shall submit a revised proposal to the administrator

within ninety (90) days after the date of the administrator’s objection.

If the permitting authority does not revise the permit, the permitting

authority will so inform the administrator within ninety (90) days following the date of the objection and decline to make those revisions.

If the administrator disagrees with the permitting authority, the

administrator may issue the permit with the revisions incorporated.

13. Notification in writing. After making a final determination

whether the permit should be approved, approved with conditions, or

denied, the permitting authority shall notify the applicant in writing

of the final determination and the total permit processing fees due. 

14. Notice of processing fees due. If payment of permit processing fees has not been received from the applicant eighty (80) calendar days after the final determination, the permitting authority shall

issue in writing to the applicant a final notice of payment due. 

15. Processing fees unpaid. If payment of permit processing

fees has not been received from the applicant ninety (90) calendar

days after the final determination, the permitting authority shall notify the applicant that the permit has been denied, provided the application previously had been approved in the final determination. The

permitting authority also shall advise the applicant that the fee is still

due and, as specified in paragraph (10)(A)3. of this rule, the fee shall

have interest imposed upon it from the date of billing until payment

is made. 

16. Payment received. No later than three (3) calendar days

after receipt of the whole amount of the fee due, the permitting

authority will send the applicant a notice of payment received. The

permit will also be issued at this time, provided the final determination was for approval and the permit processing fee was timely

received.

AUTHORITY: section 643.050, RSMo Supp. [2012] 2013. Original

rule filed Dec. 10, 1979, effective April 11, 1980. For intervening history, please consult the Code of State Regulations. Amended: Filed

Aug. 17, 2015.

PUBLIC COST: This proposed amendment will cost three thousand

nine hundred sixty-five dollars ($3,965) in FY 2017. For the years

after FY 2017, the total annual aggregate cost is seven thousand nine

hundred thirty dollars ($7,930) for the life of the rule. Note the

attached fiscal note for assumptions that apply.

PRIVATE COST: This proposed amendment will cost seventy-two

thousand six hundred fifteen dollars ($72,615) in FY 2017. For the

years after FY 2017, the total annual aggregate cost is one hundred

forty-five thousand two hundred thirty dollars ($145,230) for the life

of the rule. Note the attached fiscal note for assumptions that apply.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin at

9:00 a.m., October 29, 2015. 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., November

5, 2015. 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.
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September 15, 2015 Page 1154 Proposed Rules Vol. 40, No. 18

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 10-6.065 Operating Permits. The commission proposes to

delete subsection (1)(B), renumber subsections (1)(C) and (1)(D),

and amend subsections (4)(E), (5)(B), and (6)(B). If the commission

adopts this rule action, the department intends 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 defines air contaminant sources which are

required to obtain operating permits and establishes procedures for

obtaining and complying with operating permits; it does not establish

any air quality standards or guidelines. This amendment changes the

operating permit application filing fee structure pursuant to

643.079.10, RSMo. This proposed rulemaking will increase the basic

operating permit application filing fee from one hundred dollars ($100)

to five hundred dollars ($500) per application. Intermediate and part

70 operating permit application filing fees will increase from one hundred dollars ($100) to various amounts ranging from a minimum of

seven hundred fifty ($750) to a maximum of six thousand dollars

($6,000). Intermediate and part 70 fees will be determined through a

tiered approach based on the complexity of the permit. The total application filing fee is the base fee plus the sum of all applicable complexity fee items the facility is subject to at the time the permit application

is submitted. All operating permits require renewal once every five (5)

years with the same tiered filing fee structure as initial applications.

The revenue from the increased operating permit fees will help keep

the Air Pollution Control Program solvent and able to continue to provide the level of services and activities required to be the implementing

agency of the federal Clean Air Act in the state of Missouri. The evidence supporting the need for this proposed rulemaking, per 536.016,

RSMo, is 643.079.10, RSMo, and the August 3, 2015, presentation to

the Missouri Air Conservation Commission.

(1) Applicability. 

[(B) Incinerators. This rule shall apply to all incinerators.]

[(C)](B) Exempt Installations and Emission Units. The following

installations and emission units are exempt from the requirements of

this rule unless such units are part 70 or intermediate installations or

are located at part 70 or intermediate installations. Emissions from

exempt installations and emission units shall be considered when

determining if the installation is a part 70 or intermediate installation: 

1. Any installation that would be required to obtain a permit

solely because it is subject to 10 CSR 10-6.070(7)(AAA) Standards

of Performance for New Residential Wood Heaters; 

2. Any installation that would be required to obtain a permit

solely because it is subject to 10 CSR 10-6.240 or 10 CSR 10-6.250;

3. Single or multiple family dwelling units for not more than

three (3) families;

4. Comfort air conditioning or comfort ventilating systems not

designed or used to remove air contaminants generated by, or

released from, specific units of equipment;

5. Equipment used for any mode of transportation;

6. Livestock markets and livestock operations, including animal

feeding operations and concentrated animal feeding operations as

those terms are defined by 40 CFR 122.23 and all manure storage

and application systems associated with livestock markets or livestock operations;

7. Restaurants and other retail establishments for the purpose of

preparing food for employee and guest consumption;

8. Fugitive dust controls unless a control efficiency can be

assigned to the equipment or control equipment;

9. Equipment or control equipment which eliminates all emissions to the ambient air;

10. Equipment, including air pollution control equipment, but

not including an anaerobic lagoon, that emits odors but no regulated

air pollutants;

11. Residential wood heaters, cookstoves, or fireplaces;

12. Laboratory equipment used exclusively for chemical and

physical analysis or experimentation is exempt, except equipment

used for controlling radioactive air contaminants;

13. Recreational fireplaces;

14. Stacks or vents to prevent the escape of sewer gases through

plumbing traps for systems handling domestic sewage only. Systems

which include any industrial waste do not qualify for this exemption;

15. Combustion equipment that—

A. Emits only combustion products;

B. Produces less than one hundred fifty (150) pounds per day

of any air contaminant; and

C. Has a maximum rated capacity of—

(I) Less than ten (10) million British thermal units (Btus)

per hour heat input by using exclusively natural or liquefied petroleum gas, or any combination of these; or

(II) Less than one (1) million Btus per hour heat input;

16. Office and commercial buildings, where emissions result

solely from space heaters using natural gas or liquefied petroleum

gas with a maximum rated capacity of less than twenty (20) million

Btus per hour heat input. Incinerators operated in conjunction with

these sources are not exempt; 

17. Any country grain elevator that never handles more than

1,238,657 bushels of grain during any twelve (12)-month period and

is not located within an incorporated area with a population of fifty

thousand (50,000) or more. A country grain elevator is defined as a

grain elevator that receives more than fifty percent (50%) of its grain

from producers in the immediate vicinity during the harvest season.

This exemption does not include grain terminals which are defined

as grain elevators that receive grain primarily from other grain elevators. To qualify for this exemption, the owner or operator of the

facility shall retain monthly records of grain origin and bushels of

grain received, processed and stored for a minimum of five (5) years

to verify the exemption requirements. Monthly records must be tabulated within seven (7) days of the end of the month. Tabulated

monthly records shall be made available immediately to Missouri

Department of Natural Resources’ representatives for an announced

inspection or within three (3) hours for an unannounced visit;

18. Sand and gravel operations that have a maximum capacity

to produce less than seventeen and one-half (17.5) tons of product

per hour and use only natural gas as fuel when drying;

19. Noncommercial incineration of dead animals, the on-site

incineration of resident animals for which no consideration is

received or commercial profit is realized, as authorized in section

269.020.6, RSMo 2000; and

20. Any asphaltic concrete plant, concrete batching plant, or

rock crushing plant that can be classified as a portable equipment

installation, as defined in 10 CSR 10-6.020.

[(D)](C) Prohibitions. 

1. After the effective date of this rule, no person shall operate

a part 70 installation, intermediate installation, or basic state installation except in compliance with an operating permit issued by the

permitting authority in accordance with this rule. 

2. Except as specified in this rule or in the operating permit, it is

not a violation of this rule for a permitted installation to be operated

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Vol. 40, No. 18 Missouri Register
in ways that are not addressed in, constrained by, or prohibited by

the operating permit.

(4) Basic State Operating Permits. 

(E) Filing Fee. Each operating permit notification must be accompanied by a one hundred dollar ($100) filing fee, except for administrative permit amendments as defined in subparagraph (4)(L)1.A.

of this rule. Effective January 1, 2017, each operating permit

notification must be accompanied by a five hundred ($500) filing

fee, except for administrative permit amendments as defined in

subparagraph (4)(L)1.A. of this rule.

(5) Intermediate State Operating Permits. 

(B) Permit Notification/Applications.

1. Timely notification/applications.

A. All notifications/applications will be submitted in duplicate. Intermediate installations shall file initial notifications/applications on the following schedule: 

(I) Initial notification. All installations shall file complete

notifications by July 1996, with one (1) exception allowed as follows:

Intermediate installations that have actual emissions (as defined in 10

CSR 10-6.020(2)(A)4.) less than fifty percent (50%) of the part 70

installation threshold levels (refer to the definition section of this rule

for part 70 installation threshold levels) shall file complete notifications by May 1997;

(II) Subsequent application.

(a) Any installation that becomes subject to this section

at any time between July 1996 and March 2005, shall file a complete

application no later than thirty (30) days after the commencement of

operations.

(b) Any installation that becomes subject to this section

at any time following March 2005, shall file a complete application

no later than ninety (90) days after the commencement of operations.

(c) If an installation already has an issued part 70 operating permit, the installation is subject to the requirements of the part

70 operating permit and intermediate application until the intermediate permit is issued and the part 70 operating permit is terminated;

(III) Renewal application. Installations subject to this section shall file complete applications for renewal of the operating permits at least six (6) months before the date of permit expiration. In

no event shall this time be greater than eighteen (18) months;

(IV) Unified review. An installation subject to this section

required to have a construction permit under 10 CSR 10-6.060 may

submit a complete application for an operating permit or permit modification for concurrent processing as a unified review. An operating

permit submitted for concurrent processing shall be submitted with the

applicant’s construction permit application, or at a later time as the

permitting authority may allow, provided that the total review period

does not extend beyond eighteen (18) months. An installation that is

required to obtain a construction permit under 10 CSR 10-6.060 and

that, in writing has not chosen to undergo unified review, shall file a

complete operating permit application, permit amendment, or modification application separate from the construction permit application

within ninety (90) days after commencing operation; [and]

(V) Application/notification expirations. Starting

March 30, 2005—

(a) Installations that have an active initial or renewal

application with a receipt stamp shall:

I. Be deemed to have submitted the initial or renewal

application; and 

II. Submit a renewal application, as identified in paragraph (5)(B)3. of this rule, six to eighteen (6–18) months prior to the

expiration date of the permit issued according to subsection (5)(E) of

this rule[.];

(b) Installations that have an accepted notification shall

submit a renewal application as identified in paragraph (5)(B)3. of this

rule, six to eighteen (6–18) months prior to the expiration date[.]; and

(c) Installations that have an initial or renewal notification—accepted or with a receipt stamp, but that is expired—shall still

submit a renewal application as identified in paragraph (5)(B)3. of

this rule[.]; and

(VI) Notwithstanding the deadlines established in this subsection, a complete initial notification/application filed at any time

shall be accepted for processing. 

B. Complete application.

(I) The permitting authority shall review each application

for completeness and shall inform the applicant within sixty (60)

days if the application is not complete. In order to be complete, an

application must include a completed application form and, to the

extent not called for by the form, the information required in paragraph (5)(B)3. of this rule.

(II) If the permitting authority does not notify the installation within sixty (60) days after receipt that its application is not

complete, the application shall be deemed complete. However, nothing in this subsection shall prevent the permitting authority from

requesting additional information that is reasonably necessary to

process the application. 

(III) The permitting authority shall maintain a checklist to

be used for the completeness determination. A copy of the checklist

identifying the application’s deficiencies shall be provided to the

applicant along with the notice of incompleteness. 

(IV) If, while processing an application that has been

determined or deemed to be complete, the permitting authority determines that additional information is necessary to evaluate or take

final action on that application, the permitting authority may request

this additional information be in writing. In requesting this information, the permitting authority shall establish a reasonable deadline for

a response. 

(V) In submitting an application for renewal of an operating permit, the applicant may identify terms and conditions in the

previous permit that should remain unchanged, and may incorporate

by reference those portions of the existing permit (and the permit

application and any permit amendment or modification applications)

that describe products, processes, operations, and emissions to which

those terms and conditions apply. The applicant must identify specifically and list which portions of the previous permit or applications,

or both, are incorporated by reference. In addition, a permit renewal

application must contain—

(a) Information specified in paragraph (5)(B)3. of this

rule for those products, processes, operations, and emissions—

I. That are not addressed in the existing permit; 

II. That are subject to applicable requirements which

are not addressed in the existing permit; or 

III. For which the applicant seeks permit terms and

conditions that differ from those in the existing permit; and 

(b) A compliance plan and certification as required in

parts (6)(B)3.I.(I)–(IV) and subparagraph (6)(B) 3.J. of this rule. 

C. Confidential information. An applicant may make claims

of confidentiality pursuant to 10 CSR 10-6.210, for information submitted pursuant to this section. The applicant shall also submit a

copy of this information directly to the administrator, if the permitting authority requests that the applicant do so.

D. Filing fee. Each operating permit application must be

accompanied by a one hundred dollar ($100) filing fee, except for

administrative permit amendments. Effective January 1, 2017, the

filing fee is determined using a tiered system based on the complexity of the permit. The total filing fee is the base fee added to

the sum of all applicable complexity fee items the facility is subject to at the time the permit application is submitted. This tiered

system for calculating the operating permit filing fee applies to

initial and renewal applications for permits. To calculate the

application filing fee, use the following formula: 

Total filing fee = (base fee) + (total additional complexity fee)

Where: 

Total filing fee = amount due upon filing of operating permit

application, not to exceed six thousand dollars ($6,000) (regardless

Page 1156 Proposed Rules

September 15, 2015

Vol. 40, No. 18
of calculated amount).

Base fee = determine using Table 1

Total additional complexity fee = determine using Table 2

2. Duty to supplement or correct application. Any applicant

who fails to submit any relevant facts, or who has submitted incorrect

information in a permit application, upon becoming aware of this

failure or incorrect submittal, shall promptly submit supplementary

facts or corrected information. In addition, an applicant shall provide

additional information, as necessary, to address any requirements

that become applicable to the installation after the date an application

is deemed complete, but prior to issuance or validation of the permit,

whichever is later. 

3. Standard application form and required information. The permitting authority shall prepare and make available to all intermediate

installations subject to this section an operating permit application

form(s). The operating permit application form(s) shall require a

general description of the installation and the installation’s processes

and products, emissions-related information, and all applicable emission limitations and control requirements for each emissions unit at

the installation to be permitted. The notification also shall require a

statement of the installation’s compliance status with respect to these

requirements and a commitment regarding the installation’s plans to

either attain compliance with these requirements within the time

allowed by law or maintain compliance with these requirements during the operating permit period. An applicant shall submit an application package consisting of the standard application form, emission

inventory questionnaire, compliance plan, and compliance certification as identified in subparagraphs (6)(B)3.A.–H., parts

(6)(B)3.I.(I)–(IV) and subparagraph (6)(B)3.J. of this rule.

4. Certification by responsible official. Any application form,

report, or compliance certification submitted pursuant to this rule

shall contain certification by a responsible official of truth, accuracy,

and completeness. This certification, and any other certification,

shall be signed by a responsible official and shall contain the following language[.]: “I certify, based on information and belief formed

after reasonable inquiry, the statements and information in the document are true, accurate, and complete.”

5. Single, multiple, or general permits. Pursuant to section (5)

of this rule, an installation must have a permit (or group of permits)

addressing all applicable requirements for all emission units in the

installation. An installation may comply with this subsection through

any one of the methods identified in paragraphs (3)(A)1.–4. of this

rule.

(6) Part 70 Operating Permits. 

(B) Permit Applications. 

1. Duty to apply. 

A. Timely application. 

(I) Part 70 installations shall file initial applications on the

following schedule: 

(a) The permit registry. 

I. The permitting authority shall create and maintain

a permit issuance registry that part 70 installations may apply in writing to be placed on. The request must identify a specific year of initial issuance. The registry will identify by year when the permitting

authority expects to issue the operating permit. 

II. The registry will be opened for three (3) months

after the effective date of this rule. The registry will be filled on a

first-come, first-served basis, judged by the stamped “Received” date

by the permitting authority.

III. The permitting authority will assign installations

that do not make a specific request to the registry at the permitting

authority’s discretion as necessary to meet a one-third (1/3) per year

for three (3) years permit issuance schedule following the administrator’s approval of the operating permit program. 

IV. The permitting authority may exercise discretion

in reassigning applicants on the registry by accepting applicants after

the close of the registry, and taking into consideration staff resources,

complexity of applicant’s operations, distribution of multiple installations under common control, and amount and nature of the air contaminants; and 

(b) Initial application submittal schedule. 

I. Installations scheduled to receive their operating

permit within the first year of the registry shall file complete applications by July 1996.

II. All other installations shall file complete applications by May 1996.

(II) Any installation that becomes subject to this section

after May 9, 1994, shall file a complete application no later than

twelve (12) months following either the administrator’s approval of

the operating permit program or the commencement of operations,

whichever is later. 

(III) A complete initial application filed at any time shall

be accepted for processing. However, acceptance of an application

does not relieve the applicant of his/her liability for submitting an

untimely application. 

(IV) An installation subject to this section required to meet

section 112(g) of the Act, or to have a construction permit under 10

CSR 10-6.060 may submit a complete application for an operating

permit or permit modification for concurrent processing as a unified

review. An operating permit application submitted for concurrent

processing shall be submitted with the applicant’s construction permit application, or at a later time as the permitting authority may

allow, provided that the total review period does not extend beyond

eighteen (18) months. An installation that is required to obtain a

construction permit under 10 CSR 10-6.060 and who, in writing has

not chosen to undergo unified review, shall file a complete operating

Page 1157 September 15, 2015

Vol. 40, No. 18 Missouri Register

Table 1: Base fee 

Number of Emission Units Base Fee 

0 to 30 $ 750 

31 to 60 $1,000 

61 to 90 $1,250 

Over 91 $1,500 

Table 2: Worksheet for installation additional complexity fee calculations 

Complexity 

Category 

Calculation 

Number per 

installation x Fee = 

Additional 

complexity 

fee subtotal 

New Source 

Performance 

Standard (NSPS) 

_________ x $1,000 = _________ 

Maximum 

Achievable 

Control 

Technology 

(MACT) 

_________ x $1,500 = _________ 

National Emissions 

Standards for 

Hazardous Air 

Pollutants 

(NESHAP) 

_________ x $1,500 = _________ 

Compliance 

Assurance 

Monitoring (CAM) 

_________ x $1,000 = _________ 

Confidentiality 

Request _________ x $500 = _________ 

Acid Rain _________ x $500 = _________ 

Total additional complexity fee $ 
permit application, permit amendment, or modification application

separate from the construction permit application within twelve (12)

months after commencing operation. 

(V) Installations subject to this section shall file complete

applications for renewal of the operating permits at least six (6)

months before the date of permit expiration. In no event shall this

time be greater than eighteen (18) months.

(VI) Installations subject to this section required to submit

applications for initial phase II acid rain permits shall submit complete applications to the permitting authority by January 1, 1996, for

sulfur dioxide, and by January 1, 1998 for nitrogen oxides. 

B. Complete application. 

(I) The permitting authority shall review each application

for completeness and shall inform the applicant within sixty (60)

days if the application is not complete. In order to be complete, an

application must include a completed application form and, to the

extent not called for by the form, the information required in paragraph (6)(B)3. of this rule. 

(II) If the permitting authority does not notify the installation within sixty (60) days after receipt that its application is not

complete, the application shall be deemed complete. However, nothing in this subsection shall prevent the permitting authority from

requesting additional information that is reasonably necessary to

process the application. 

(III) The permitting authority shall maintain a checklist to

be used for the completeness determination. A copy of the checklist

identifying the application’s deficiencies shall be provided to the

applicant along with the notice of incompleteness. 

(IV) If, while processing an application that has been

determined or deemed to be complete, the permitting authority determines that additional information is necessary to evaluate or take

final action on that application, the permitting authority may request

this additional information be in writing. In requesting this information, the permitting authority shall establish a reasonable deadline for

a response. 

(V) In submitting an application for renewal of an operating permit, the applicant may identify terms and conditions in the

previous permit that should remain unchanged, and may incorporate

by reference those portions of the existing permit (and the permit

application and any permit amendment or modification applications)

that describe products, processes, operations, and emissions to which

those terms and conditions apply. The applicant must identify specifically and list which portions of the previous permit or applications,

or both, are incorporated by reference. In addition, a permit renewal

application must contain: 

(a) Information specified in paragraph (6)(B)3. of this

rule for those products, processes, operations, and emissions—

I. That are not addressed in the existing permit; 

II. That are subject to applicable requirements which

are not addressed in the existing permit; or 

III. For which the applicant seeks permit terms and

conditions that differ from those in the existing permit; and 

(b) A compliance plan and certification as required in

subparagraphs (6)(B)3.I. and J. of this rule. 

C. Confidential information. If an applicant submits information to the permitting authority under a claim of confidentiality pursuant to 10 CSR 10-6.210, the applicant shall also submit a copy of

this information directly to the administrator, if the permitting

authority requests that the applicant do so. 

D. Filing fee. Each application must be accompanied by a

one hundred dollar ($100) filing fee. Effective January 1, 2017, the

filing fee is determined using a tiered system based on the complexity of the permit. The total filing fee is the base fee added to

the sum of all applicable complexity fee items the facility is subject to at the time the permit application is submitted. This tiered

system for calculating the operating permit filing fee applies to

initial and renewal applications for permits. To calculate the

application filing fee, use the following formula: 

Total filing fee = (base fee) + (total additional complexity fee)

Where: 

Total filing fee = amount due upon filing of operating permit

application, not to exceed six thousand dollars ($6,000) (regardless of calculated amount).

Base fee = determine using Table 1

Total additional complexity fee = determine using Table 2

2. Duty to supplement or correct application. Any applicant

who fails to submit any relevant facts, or who has submitted incorrect

information in a permit application, upon becoming aware of this

failure or incorrect submittal, shall promptly submit supplementary

facts or corrected information. In addition, an applicant shall provide

additional information, as necessary, to address any requirements

that become applicable to the installation after the date an application

is deemed complete, but prior to issuance or validation of the permit,

whichever is later. 

3. Standard application form and required information. An applicant shall submit an application package consisting of the standard

application form, emission inventory questionnaire, compliance plan,

and compliance certification. The application package must include all

information needed to determine applicable requirements. The application must include information needed to determine the applicability

of any applicable requirement. The applicant shall submit the information called for by the application form for each emissions unit at the

installation to be permitted, except for insignificant activities. An

activity cannot be listed as insignificant if the activity has an applicable requirement. The installation shall provide a list of any insignificant activities that are exempt because of size or production rate. Any

Page 1158 Proposed Rules

September 15, 2015

Vol. 40, No. 18

Table 1: Base fee 

Number of Emission Units Base Fee 

0 to 30 $ 750 

31 to 60 $1,000 

61 to 90 $1,250 

Over 91 $1,500 

Table 2: Worksheet for installation additional complexity fee calculations 

Complexity 

Category 

Calculation 

Number per 

installation x Fee = 

Additional 

complexity 

fee subtotal 

New Source 

Performance 

Standard (NSPS) 

_________ x $1,000 = _________ 

Maximum 

Achievable 

Control 

Technology 

(MACT) 

_________ x $1,500 = _________ 

National Emissions 

Standards for 

Hazardous Air 

Pollutants 

(NESHAP) 

_________ x $1,500 = _________ 

Compliance 

Assurance 

Monitoring (CAM) 

_________ x $1,000 = _________ 

Confidentiality 

Request _________ x $500 = _________ 

Acid Rain _________ x $500 = _________ 

Total additional complexity fee $ 
insignificant activity required to be listed in the application also must

list the approximate number of activities included (for example,

twenty (20) leaky valves) and the estimated quantity of emissions

associated. The application must include any other information, as

requested by the permitting authority, to determine the insignificant

activities have no applicable requirements. Information reported in

the permit application which does not result in the specification of

any permit limitation, term, or condition with respect to that information (including, but not limited to, information identifying

insignificant activities), shall not in any way constrain the operations,

activities, or emissions of a permitted installation, except as otherwise provided in this section. The standard application form (and any

attachments) shall require that the following information be provided: 

A. Identifying information. The applicant’s company name

and address (or plant name and address if different from the company name), the owner’s name and state registered agent, and the telephone number and name of the plant site manager or other contact

person; 

B. Processes and products. A description of the installation’s

processes and products (by two (2)-digit Standard Industrial

Classification Code (SIC)), including those associated with any reasonably anticipated operating scenarios identified by the applicant; 

C. Emissions-related information. The following emissionsrelated information on the emissions inventory forms: 

(I) All emissions of pollutants for which the installation is

a part 70 source, and all emissions of any other regulated air pollutants. The permit application shall describe all emissions of regulated

air pollutants emitted from each emissions unit, except as provided

for by section (6) of this rule. The installation shall submit additional

information related to the emissions of air pollutants sufficient to

verify which requirements are applicable to the installation; 

(II) Identification and description of all emissions units

whose emissions are included in part (6)(B)3.C.(I) of this rule, in

sufficient detail to establish the applicability of any and all requirements; 

(III) Emissions rates in tons per year and in such terms as

are necessary to establish compliance consistent with the applicable

standard reference test method, if any; 

(IV) The following information to the extent needed to

determine or regulate emissions including: fuels, fuel use, raw materials, production rates, and operating schedules; 

(V) Identification and description of air pollution control

equipment; 

(VI) Identification and description of compliance monitoring devices or activities; 

(VII) Limitations on installation operations affecting emissions or any work practice standards, where applicable, for all regulated pollutants; 

(VIII) Other information required by any applicable

requirement (including information related to stack height credit limitations developed pursuant to section 123 of the Act); and 

(IX) Calculations on which the information in parts

(6)(B)3.C.(I)–(VIII) of this rule is based; 

D. Air pollution control information. The following air pollution control information: 

(I) Citation and description of all applicable requirements;

and 

(II) Description of, or reference to, any applicable test

method for determining compliance with each applicable requirement; 

E. Applicable requirements information. Other specific information required under the permitting authority’s regulations to

implement and enforce other applicable requirements of the Act or of

these rules, or to determine the applicability of these requirements; 

F. Alternative emissions limits. If the SIP allows an installation to comply through an alternative emissions limit or means of

compliance, the applicant may request that such an alternative limit

or means of compliance be specified in the permit. The applicant

must demonstrate that any such alternative is quantifiable, accountable, enforceable, and based on replicable procedures. The applicant

shall propose permit terms and conditions to satisfy these requirements in the application; 

G. Proposed exemptions. An explanation of any proposed

exemptions from otherwise applicable requirements; 

H. Proposed reasonably anticipated operating scenarios.

Additional information, as determined necessary by the permitting

authority, to define reasonably anticipated operating scenarios identified by the applicant for emissions trading or to define permit terms

and conditions implementing operational flexibility; 

I. Compliance plan. A compliance plan that contains all of

the following: 

(I) A description of the compliance status of the installation

with respect to all applicable requirements; 

(II) A description as follows: 

(a) For applicable requirements with which the installation is in compliance, a statement that the installation will continue

to comply with these requirements; 

(b) For applicable requirements that will become effective during the permit term, a statement that the installation will

comply with these requirements on a timely basis; and 

(c) For any applicable requirements with which the

installation is not in compliance at the time of permit issuance, a narrative description of how the installation will achieve compliance

with these requirements; 

(III) A compliance schedule as follows: 

(a) For applicable requirements with which the installation is in compliance, a statement that the installation will continue

to comply with these requirements; 

(b) For applicable requirements that will become effective during the permit term, a statement that the installation will

comply with these requirements on a timely basis. A statement that

the installation will comply in a timely manner with applicable

requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly

required by the applicable requirement; and

(c) A schedule of compliance for all applicable requirements with which the installation is not in compliance at the time of

permit issuance, including a schedule of remedial measures and an

enforceable sequence of actions, with milestones, leading to compliance. (This compliance schedule shall resemble and be equivalent in

stringency to that contained in any judicial consent decree or administrative order to which the installation is subject); 

(IV) For installations required to have a schedule of compliance under subpart (6)(B)3.I.(III)(c) of this rule, a schedule for the

submission of certified progress reports no less frequently than every

six (6) months; and 

(V) The compliance plan content requirements specified in

this paragraph shall apply to, and be included in, the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under Title IV of the

Act with regard to the schedule and method(s) the installation will

use to achieve compliance with the acid rain emissions limitations; 

J. Compliance certification and information. 

(I) A certification of compliance with all applicable

requirements signed by a responsible official consistent with paragraph (6)(B)4. of this rule and section 114(a)(3) of the Act; 

(II) A statement of methods used for determining compliance, including a description of monitoring, record keeping and

reporting requirements, and test methods; 

(III) A schedule for the submission of compliance certifications during the permit term, which shall be submitted annually, or

more frequently if required by an underlying applicable requirement;

and 

(IV) A statement indicating the installation’s compliance

status with respect to any applicable enhanced monitoring and compliance certification requirements of the Act; and 

Page 1159 September 15, 2015

Vol. 40, No. 18 Missouri Register
Page 1160 Proposed Rules

September 15, 2015

Vol. 40, No. 18

K. Acid rain information. Nationally-standardized forms for

acid rain portions of permit applications and compliance plans shall

be used, as required by rules promulgated under Title IV of the Act. 

4. Certification by responsible official. Any application form,

report, or compliance certification submitted pursuant to this rule

shall contain certification by a responsible official of truth, accuracy,

and completeness. This certification, and any other certification,

shall be signed by a responsible official and shall contain the following language: “I certify, based on information and belief formed after

reasonable inquiry, the statements and information in the document

are true, accurate, and complete.”

5. Single, multiple, or general permits. Pursuant to this section

of the rule, an installation must have a permit (or group of permits)

addressing all applicable requirements for all emissions units in the

installation. An installation may comply with this subsection of the

rule through any one (1) of the methods identified in paragraphs

(3)(A)1.–4. of this rule.

AUTHORITY: section 643.050, RSMo Supp. [2011] 2013. Original

rule filed Sept. 2, 1993, effective May 9, 1994. For intervening history, please consult the Code of State Regulations. Amended: Filed

Aug. 17, 2015.

PUBLIC COST: This proposed amendment will cost twelve thousand

eight hundred seventy dollars ($12,870) in FY 2017. For the years

after FY 2017, the total annual aggregate cost is twenty-five thousand

seven hundred forty dollars ($25,740) for the life of the rule. Note

the attached fiscal note for assumptions that apply.

PRIVATE COST: This proposed amendment will cost one hundred

forty-eight thousand five hundred ninety-nine dollars ($148,599) in

FY 2017. For the years after FY 2017, the total annual aggregate cost

is two hundred ninety-seven thousand one hundred ninety-eight dollars ($297,198) for the life of the rule. Note the attached fiscal note

for assumptions that apply.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin at

9:00 a.m., October 29, 2015. 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., November

5, 2015. 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.
Page 1161 September 15, 2015

Vol. 40, No. 18 Missouri Register
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Page 1163 September 15, 2015

Vol. 40, No. 18 Missouri Register
September 15, 2015 Page 1164 Proposed Rules Vol. 40, No. 18
Page 1165 September 15, 2015

Vol. 40, No. 18 Missouri Register
September 15, 2015 Page 1166 Proposed Rules Vol. 40, No. 18
Page 1167 September 15, 2015

Vol. 40, No. 18 Missouri Register
September 15, 2015 Page 1168 Proposed Rules Vol. 40, No. 18
Title 6—DEPARTMENT OF HIGHER EDUCATION

Division 10—Commissioner of Higher Education

Chapter 3—Higher Educational Residency Determination

ORDER OF RULEMAKING

By the authority vested in the Department of Higher Education under

section 173.1150.3, RSMo Supp. 2013, the department amends a

rule as follows:

6 CSR 10-3.010 Determination of Student Residency is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 2,

2015 (40 MoReg 1533). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received. 

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. 2013, the commission amends a

rule as follows:

10 CSR 10-6.060 is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on September 15,

2015 (40 MoReg 1142–1154). 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 four (4) comments from two (2) sources: the Regulatory Environmental Group

for Missouri (REGFORM) and General Motors (GM). 

COMMENT #1: REGFORM expressed strong support for the fee proposal and thanked the department’s Air Pollution Control Program staff

for developing a fair permit fee system. The commenter also acknowledged the new permit fees are the result of a two (2)-year consensusdriven stakeholder process that was consistent with the intent of Senate

Bill 642 (2014) and included ample outreach to affected sources. 

RESPONSE: The program appreciates the positive feedback.

Due to the similarity in the following two (2) comments, one (1)

response is presented.

COMMENT #2: REGFORM suggested the program reduce the

renewal fee for Plantwide Applicability Limit (PAL) permits from

five thousand dollars ($5,000) to half that amount since the hard

work on the permit will have been done in the first issuance of the

PAL permit. 

COMMENT #3: GM suggested the program reduce the renewal fee

for PAL permits to two thousand five hundred dollars ($2,500) or

less since the renewals are due once every ten (10) years and require

significantly less effort and resources than the initial permit. 

RESPONSE AND EXPLANATION OF CHANGE: As a result of

these comments, the program is changing the ten (10)-year renewal filing fee for PAL permits to two thousand five hundred dollars ($2,500).

The filing fee assists in covering work prior to the receipt of an application and with a PAL renewal there is less work prior to the receipt

of an application. PAL permits are reviewed and processed as a construction permit and therefore an hourly review fee is also charged.

COMMENT #4: GM requested that the fee table in subsection

(10)(A) be amended to include additional separate entries for PAL

permit applications and renewals.

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, the program revised the table as suggested and revised

the fiscal notes as well to reflect the change.

10 CSR 10-6.060 Construction Permits Required

(10) Permit Fees and Amendments. 

(A) Permit Fees. 

Orders of Rulemaking

164

This section will contain the final text of the rules proposed

by agencies. The order of rulemaking is required to contain a citation to the legal authority upon which the order or

rulemaking is based; reference to the date and page or pages

where the notice of proposed rulemaking was published in

the Missouri Register; an explanation of any change between

the text of the rule as contained in the notice of proposed

rulemaking and the text of the rule as finally adopted, together with the reason for any such change; and the full text of

any section or subsection of the rule as adopted which has

been changed from that contained in the notice of proposed

rulemaking. The effective date of the rule shall be not less

than thirty (30) days after the date of publication of the revision to the Code of State Regulations.

The agency is also required to make a brief summary ofthe general nature and extent of comments submitted in

support of or opposition to the proposed rule and a concise

summary of the testimony presented at the hearing, if any,

held in connection with the rulemaking, together with a concise summary of the agency’s findings with respect to the

merits of any such testimony or comments which are

opposed in whole or in part to the proposed rule. The ninety-

(90-) day period during which an agency shall file its order of

rulemaking for publication in the Missouri Register begins

either: 1) after the hearing on the proposed rulemaking is

held; or 2) at the end of the time for submission of comments

to the agency. During this period, the agency shall file with

the secretary of state the order of rulemaking, either putting

the proposed rule into effect, with or without further changes,

or withdrawing the proposed rule.

February 1, 2016

Vol. 41, No. 3

MISSOURI

REGISTER

Permit Application 

Type 

Rule Section 

Reference 

Filing Fee Processing Fee 

Existing 

Effective

Jan. 1, 

2017

Existing 

Effective

Jan. 1, 

2017

Portable Source 

Relocation Request (4) $200 $300 ---- ---- 

De minimis (5) $100 $250 $50/hr $75/hr 

Minor (6) $100 $250 $50/hr $75/hr

NSR (7) $100 $5,000 $50/hr $75/hr 

PSD (8) $100 $5,000 $50/hr $75/hr 

HAP (9) $100 $5,000 $50/hr $75/hr 

Initial PAL (7) or (8) $100 $5,000 $50/hr $75/hr 

Renewal PAL (7) or (8) $100 $2,500 $50/hr $75/hr 

Temporary/Pilot (3) $100 $250 $50/hr $75/hr 

Permit Amendment (10) ---- ---- $50/hr $75/hr 
1. All installations or source operations requiring permits under

this rule must submit the application with a permit filing fee to the

permitting authority. Failure to submit the permit filing fee constitutes an incomplete permit application according to paragraph

(12)(A)2. of this rule. 

2. Upon receipt of an application for a permit or a permit

amendment, a permit processing fee begins to accrue per hour of

actual staff time. In lieu of the per-hour processing fee for projects

subject to paragraph (4)(D)1. of this rule, a flat fee as specified in

subsection (10)(A) of this rule must be submitted by the applicant. 

3. The applicant shall submit fees for the processing of the permit application within ninety (90) calendar days of the final review

determination, whether the permit is approved, denied, withdrawn,

or not needed. After the ninety (90) calendar days, the unpaid processing fees shall have interest imposed upon the unpaid amount at

the rate of ten percent (10%) per annum from the date of billing until

payment is made. Failure to submit the processing fees after the ninety (90) calendar days will result in the permit being denied (revoked

for portable installation location amendments) and the rejection of

any future permit applications by the same applicant until the processing fee plus interest have been paid.

4. In addition to permit filing and processing fees, the applicant

shall pay for any publication of notice required and shall pay for the

original and one (1) copy of the transcript, to be filed with the permitting authority, of any hearing required under this rule. No permit

shall be issued until all publication and transcript costs have been

paid. 

5. Partially processed permits that are withdrawn after submittal

shall be charged at the same processing fee rate in subsection (10)(A)

of this rule for the time spent processing the application. 

6. The commission may reduce the permit processing fee or

exempt any person from payment of the fee upon an appeal filed with

the commission stating and documenting that the fee will create an

unreasonable economic hardship upon the person. 

7. Any person who obtains a valid permit from a city or county

holding a certificate of authority granted by the commission under

643.140, RSMo, shall be deemed to have met the fee requirements

of this section for that permit.

REVISED PUBLIC COST: This proposed amendment will cost three

thousand nine hundred sixty-five dollars ($3,965) in FY 2017. For the

years after FY 2017, the total annual aggregate cost is seven thousand nine hundred thirty dollars ($7,930) for the life of the rule. Note

the attached fiscal note for assumptions that apply. The public cost

has not changed from the proposed cost, but the fiscal note has been

revised to separate the plantwide applicability limit permit fees from

the major source permit filing fees. 

REVISED PRIVATE COST: This proposed amendment will cost seventy thousand six hundred eighty-five dollars ($70,685) in FY 2017.

For the years after FY 2017, the total annual aggregate cost is one

hundred forty-one thousand three hundred seventy dollars ($141,370)

for the life of the rule. Note the attached fiscal note for assumptions

that apply. The private cost decreased to reflect the reduced

plantwide applicability limit renewal fee. 

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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. 2013, the commission amends a

rule as follows:

10 CSR 10-6.065 Operating Permits is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on September 15,

2015 (40 MoReg 1155–1172). No changes have been made in the text

of the proposed amendment, so it is not 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 (APCP) received one (1)

comment from one (1) source: the Regulatory Environmental Group

for Missouri (REGFORM). 

COMMENT #1: REGFORM expressed strong support for the fee

proposal and thanked the department’s Air Pollution Control

Program staff for developing a fair permit fee system. The commenter also acknowledged the new permit fees are the result of a two

(2)-year consensus-driven stakeholder process that was consistent

with the intent of Senate Bill 642 (2014) and included ample outreach

to affected sources.

RESPONSE: The program appreciates the positive feedback.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 50—Oil and Gas Council

Chapter 1—Organization, Purpose, and Definitions

ORDER OF RULEMAKING

By the authority vested in the State Oil and Gas Council under section 259.070.5, RSMo Supp. 2015, the council amends a rule as follows:

10 CSR 50-1.010 Organization is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on October 15,

2015 (40 MoReg 1420). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: A public hearing on this proposed

amendment was held November 16, 2015, at the State Oil and Gas

Council meeting, and the public comment period ended November 18,

2015. At the public hearing, Department of Natural Resources staff

explained the proposed amendment. No comments were received.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 50—Oil and Gas Council

Chapter 1—Organization, Purpose, and Definitions

ORDER OF RULEMAKING

By the authority vested in the State Oil and Gas Council under section

259.070.5, RSMo Supp. 2015, the council amends a rule as follows:

10 CSR 50-1.020 is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on October 15,

2015 (40 MoReg 1420–1421). 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: A public hearing on this proposed

amendment was held November 16, 2015, at the State Oil and Gas

Council meeting, and the public comment period ended November

18, 2015. At the public hearing, Department of Natural Resources

staff explained the proposed amendment. No comments were made

at the public hearing. The department received one (1) written comment during the comment period.

COMMENT #1: A Geological Survey Program staff member commented that subsection (7)(B) contains an incorrect reference; the

reference to subsection (9)(A) should be corrected to reference subsection (7)(A) instead.

RESPONSE AND EXPLANATION OF CHANGE: Subsection (7)(B)

will be changed to correct the reference.

10 CSR 50-1.020 General Procedures

(7) Confidentiality. Information gathered pursuant to Chapter 259,

RSMo, and implementing regulations is public record pursuant to the

Missouri Sunshine law, Chapter 610, RSMo. Confidentiality may be

granted upon request, in accordance with section 640.155.1, RSMo.

Cancelled permits are not considered confidential.

(B) All rights to confidentiality shall be lost if the filings are not

timely, as provided in 10 CSR 50-2.050, or if the request for confidentiality is not timely, as provided in subsection (7)(A).

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 50—Oil and Gas Council

Chapter 1—Organization, Purpose, and Definitions

ORDER OF RULEMAKING

By the authority vested in the State Oil and Gas Council under section 259.070.5, RSMo Supp. 2015, the council amends a rule as follows:

10 CSR 50-1.030 is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on October 15,

2015 (40 MoReg 1421–1424). 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: A public hearing was held on this

proposed amendment November 16, 2015, at the State Oil and Gas

Council meeting, and the public comment period ended November

18, 2015. At the public hearing, Department of Natural Resources

staff explained the proposed amendment. No comments were made

at the public hearing. The department received one (1) written comment during the comment period.

COMMENT #1: A Geological Survey Program staff member commented that in paragraph (1)(O)2. the reference to 10 CSR 50-

2.060(3)(E) should be corrected to reference 10 CSR 50-

2.060(3)(F).

RESPONSE AND EXPLANATION OF CHANGE: Paragraph

(1)(O)2. will be changed.

Page 177 February 1, 2016

Vol. 41, No. 3 Missouri Register

10 CSR 10-6.060 Construction Permits Required 

(1) Applicability. 

(A) Definitions. Definitions of certain terms used in this rule may 

be found in paragraph (b) of 40 CFR 52.21 which is incorporated by 

reference in subsection (8)(A) of this rule, except that— 

 1. Any provisions of 40 CFR 52.21(b) that are stayed shall not 

apply; 

 2. Solely for the purposes of paragraph (1)(A)2. and section (7) 

of this rule, the following definitions shall be used in place of the 

definitions of the same terms specified elsewhere in this subsection: 

 A. Major stationary source is defined in 40 CFR 

51.165(a)(1)(iv), promulgated as of July 1, 2011, and hereby 

incorporated by reference in this rule, as published by the Office of 

the Federal Register, U.S. National Archives and Records, 700 

Pennsylvania Avenue NW, Washington, DC 20408. This rule does not 

incorporate any subsequent amendments or additions. The term major, 

as used in this definition, shall be major for the nonattainment 

pollutant; 

 B. Major modification is defined in 40 CFR 51.165(a)(1)(v), 

promulgated as of July 1, 2011, and hereby incorporated by reference 

in this rule, as published by the Office of the Federal Register, 

U.S. National Archives and Records, 700 Pennsylvania Avenue NW, 

Washington, DC 20408, except that any incorporated provisions that 

are stayed shall not apply. This rule does not incorporate any 

subsequent amendments or additions. The term major, as used in this 

definition, shall be major for the nonattainment pollutant; 

 C. Net emissions increase is defined in 40 CFR 51.165(a)(1)(vi), 

promulgated as of July 1, 2011, and hereby incorporated by reference 

in this rule, as published by the Office of the Federal Register, 

U.S. National Archives and Records, 700 Pennsylvania Avenue NW, 

Washington, DC 20408, except that the term paragraph (a)(1)(xii)(B) 

shall be 40 CFR 52.21(b)(21)(ii). This rule does not incorporate any 

subsequent amendments or additions; and 

 D. Significant is defined in 40 CFR 51.165(a)(1)(x), promulgated 

as of July 1, 2011, and hereby incorporated by reference in this 

rule, as published by the Office of the Federal Register, U.S. 

National Archives and Records, 700 Pennsylvania Avenue NW, 

Washington, DC 20408. This rule does not incorporate any subsequent 

amendments or additions; 
10 CSR 10-6.060 

2 

 3. Solely for the purposes of section (9) of this rule, the 

following definitions shall be used in addition to definitions 

specified elsewhere in this subsection: 

 A. Construct a major source— 

 (I) Fabricate, erect, or install, at any greenfield site, a 

stationary source or group of stationary sources which is located 

within a contiguous area and under common control and which emits or 

has the potential to emit ten (10) tons per year of any hazardous air 

pollutant (HAP) or twenty-five (25) tons per year of any combination 

of HAPs; or 

 (II) Fabricate, erect, or install, at any developed site, a new 

process or production unit which in and of itself emits or has the 

potential to emit ten (10) tons per year of any HAP or twenty-five 

(25) tons per year of any combination of HAPs; 

 B. Greenfield site—A contiguous area under common control that 

is an undeveloped site; 

 C. Process or production—Any collection of structures and/or 

equipment, that processes, assembles, applies, or otherwise uses 

material inputs to produce or store an intermediate or final product. 

A single facility may contain more than one (1) process or production 

unit; 

 D. Reconstruct a major source—Replace components at an existing 

process or production unit where the replacement of components in and 

of itself emits or has the potential to emit ten (10) tons per year 

of any HAP or twenty-five (25) tons per year of any combination of 

HAPs, whenever— 

 (I) The fixed capital cost of the new components exceeds fifty 

percent (50%) of the fixed capital cost that would be required to 

construct a comparable process or production unit; and 

 (II) It is technically and economically feasible for the 

reconstructed major source to meet the applicable maximum achievable 

control technology emission limitation for new sources established 

under this section; 

 E. Research and development activities—Activities conducted at a 

research or laboratory facility whose primary purpose is to conduct 

research and development into new processes and products, where such 

source is operated under the close supervision of technically-trained 

personnel and is not engaged in the manufacture of products for sale 

or exchange for commercial profit, except in a de minimis manner; 
10 CSR 10-6.060 

3 

 F. Similar source—A stationary source or process that has 

comparable emissions and is structurally similar in design and 

capacity to a constructed or reconstructed major source such that the 

source could be controlled using the same control technology; and 

 G. Definitions for certain terms, other than those defined in 

subparagraphs (1)(A)3.A. through F. of this rule, may be found in 40 

CFR 63.41, promulgated as of July 1, 2011, and hereby incorporated by 

reference in this rule, as published by the Office of the Federal 

Register, U.S. National Archives and Records, 700 Pennsylvania Avenue 

NW, Washington, DC 20408. This rule does not incorporate any 

subsequent amendments or additions; 

 4. Nonattainment pollutant—Each and every pollutant for which 

the location of the source is in an area designated to be in 

nonattainment of a National Ambient Air Quality Standard (NAAQS) 

under section 107(d)(1)(A)(i) of the Act. Any constituent or 

precursor of a nonattainment pollutant shall be a nonattainment 

pollutant, provided that the constituent or precursor pollutant may 

only be regulated under this rule as part of regulation of the 

corresponding NAAQS pollutant. Both volatile organic compounds (VOC) 

and nitrogen oxides (NOx) shall be nonattainment pollutants for a 

source located in an area designated nonattainment for ozone; 

 5. The provisions of subsection (8)(B) of this rule regarding 

the term administrator shall apply; and 

 6. Definitions for certain terms used in this rule, other than 

those defined elsewhere in this subsection, may be found in 10 CSR 

10-6.020. 

(B) Covered Installations/Changes. This rule shall apply to 

installations throughout Missouri with the potential to emit any 

pollutant in an amount equal to or greater than the de minimis

levels. This rule also shall apply to changes at installations which 

emit less than the de minimis levels where the construction or 

modification itself would be subject to section (6), (7), (8), or (9) 

of this rule. This rule shall apply to all incinerators, unless 

permitted under rule 10 CSR 10-6.062. 

(C) Construction/Operation Prohibited. No owner or operator shall 

commence construction or modification of any installation subject to 

this rule, begin operation after that construction or modification, 

or begin operation of any installation which has been shut down 

longer than five (5) years without first obtaining a permit from the 

permitting authority under this rule. For sources not subject to 

review under sections (7), (8), or (9) of this rule, construction may 

be commenced if authorized by the director. A request for 
10 CSR 10-6.060 

4 

authorization must include: a signed waiver of any state liability; a 

complete list of the activities to be undertaken; and, the 

applicant’s full acceptance and knowledge of all liability associated 

with the possibility of denial of the permit application. A request 

will not be granted unless an application for permit approval under 

this rule has been filed. The waiver is not available to sources 

seeking federally enforceable permit restrictions to avoid review 

under sections (7)–(9) of this rule. 

(D) Exempt Emissions Units. This rule does not apply to the 

construction or modification of installations that are exempted or 

excluded by 10 CSR 10-6.061 or are permitted under rule 10 CSR 10-

6.062. [The Federally-approved SIP continues to include the following 

exemption as cited at 10 CSR 10-6.060 (1)(D)1.D. effective April 30, 

2003, “Livestock and livestock handling systems from which the only 

potential contaminant is odorous gas.”] 

(2) Unified Review. When the construction or modification and 

operation of any installation requires a construction permit under 

this rule, and an operating permit or its amendment, under 10 CSR 10-

6.065, the installation shall receive a unified construction and 

operating permit, or its amendment, and a unified review, hearing and 

approval process, unless the applicant requests in writing that the 

application for a construction and operating permit, or its 

amendment, be reviewed separately. Under this unified review process, 

the applicant shall submit all the applications, forms, and other 

information required by the permitting authority. 

(A) Review of Applications. The permitting authority shall complete 

any unified review within one hundred eighty-four (184) days, as 

provided under the procedures of this rule and 10 CSR 10-6.065 

Operating Permits Required. 

(B) Issuance of Permits. As soon as the unified review process is 

completed, if the applicant complies with all applicable requirements 

under this rule and 10 CSR 10-6.065, the construction permit and the 

operating permit, or its amendment, shall be issued to the applicant 

and the applicant may commence construction. The operating permit 

shall be retained by the permitting authority until validated 

pursuant to this section. 

(C) Validation of Operating Permits. Within one hundred and eighty 

(180) days after commencing operation, the holder of an operating 

permit, or its amendment, issued by the unified review process shall 

submit to the permitting authority all information required by the 

permitting authority to demonstrate compliance with the terms and 

conditions of the issued operating permit, or its amendment. The 

permittee shall also provide information identifying any applicable 
10 CSR 10-6.060 

5 

requirements which became applicable subsequent to issuance of the 

operating permit. Within thirty (30) days after the applicant’s 

request for validation, the permitting authority will take action 

denying or approving validation of the issued operating permit, or 

its amendment. If the permittee demonstrates compliance with both the 

construction and operating permits, or its amendment, the permitting 

authority shall validate the operating permit, or its amendment, and 

forward it to the permittee. No part 70 permit will be validated 

unless— 

 1. At the time of validation, the permitting authority certifies 

that the issued permit contains all applicable requirements; or 

 2. The procedures for permit renewal in 10 CSR 10-6.065(6)(E)3. 

have occurred prior to validation to insure the inclusion of any new 

applicable requirements to which the part 70 permit is subject. 

(3) Temporary Installations and Pilot Plants Permits. The permitting 

authority may exempt temporary installations and pilot plants having 

a potential to emit under one hundred (100) tons per year of each 

pollutant from any of the requirements of this rule, provided that 

these exemptions are requested in writing prior to the start of 

construction. These exemptions shall be granted only when the 

attainment or maintenance of ambient air quality standards is not 

threatened, when there will be no significant impact on any Class I 

area, and when the imposition of requirements of this rule would be 

unreasonable. 

(4) Portable Equipment Permits. Portable equipment must meet the 

following criteria: 

(A) The potential to emit is less than one hundred (100) tons per 

year of any air pollutant; 

(B) The equipment was permitted previously under either section (5), 

(6), (7), or (8) of this rule and the previous permit is still valid; 

(C) The equipment is operated and maintained in a manner identical to 

that specified in the currently valid permit; and 

(D) The following conditions must be met when permitted portable 

equipment is to be operated at a different location: 

 1. When the owner or operator wishes to operate the portable 

equipment at a new location not previously permitted or at a location 

where other sources (either permanent or portable) are operating, the 

owner or operator shall submit to the permitting authority a Portable 

Source Relocation Request, property boundary plot plan, and the 
10 CSR 10-6.060 

6 

equipment layout for the site. A relocation request is subject to the 

fees as described in subsection (10)(A) of this rule and the time 

frames specified in this rule, except for the permit filing fee. The 

relocation request will be approved if it is determined that there 

will be no significant impact on any Class I area or an area where 

air quality increments have been consumed. The permitting authority 

shall make the final determination and, if appropriate, approve the 

relocation request no later than twenty-one (21) calendar days after 

receipt of the complete Portable Source Relocation Request; 

 2. When the owner or operator wishes to relocate the portable 

equipment to a site that is listed on the permit or on the amended 

permit (provided other sources are not approved to operate at the 

same location), the owner or operator shall report the move to the 

permitting authority on a Portable Source Relocation Request for 

authorization to operate in the new locale as soon as possible, but 

not later than seven (7) calendar days prior to ground breaking or 

initial equipment erection. No fees are associated with this 

authorization. Authorization will be presumed if notification of 

denial is not received by the specified ground breaking or equipment 

erection date; and 

 3. The equipment shall be operated at each new location no more 

than twenty-four (24) consecutive months without an intervening 

relocation. 

(5) De Minimis Permits. 

(A) Any construction or modification at an installation subject to 

this rule which results in a net emissions increase below the de 

minimis levels shall be exempt from further requirements of this rule 

if the owner or operator of the source applies for, and the 

permitting authority issues, a de minimis permit for that 

installation. 

(B) This de minimis permit shall be issued and in effect only if all 

of the following conditions are met: 

 1. The permitting authority is notified in writing of the 

proposed construction prior to the commencement of construction; 

 2. Information is submitted to the permitting authority which is 

sufficient for the permitting authority to verify the annual emission 

rate, to verify that no applicable emission control rules will be 

violated, and to verify that the net emission increase of the 

installation is below the de minimis levels; 
10 CSR 10-6.060 

7 

 3. Net emissions do not increase above the de minimis levels at 

an installation having a de minimis permit under this section. If net 

emissions at the installation do increase above the de minimis

levels, the installation shall be in violation of this rule until it 

obtains a permit under the other applicable requirements of this 

rule; and 

 4. All permit fees are paid. 

(C) In order to eliminate the necessity for a large number of de 

minimis permit applications from a single installation, a special 

case de minimis permit may be developed for those batch-type 

production processes which frequently change products and component 

source operations. Operating in violation of the conditions of a 

special case de minimis permit shall be a violation of this rule. 

(D) Air Quality Analysis Requirements. 

 1. An air quality analysis will not be required for applications 

having a maximum design capacity emission rate of no more than the 

hourly de minimis level unless paragraph (5)(D)2. of this rule 

applies. For applications having a maximum design capacity emission 

rate greater than the hourly de minimis level, a permit will be 

issued only if an air quality analysis demonstrates that the proposed 

construction or modification will not- 

 

 A. Interfere with the attainment or maintenance of NAAQS and the 

air quality standards established in 10 CSR 10-6.010; or 

 B. Cause or contribute to ambient air concentrations in excess 

of any applicable maximum allowable increase listed in subsection 

(11)(A) Table 1, of this rule, over the baseline concentration in any 

attainment or unclassified area. 

 2. Exceptions. The director may require an air quality analysis 

for applications if it is likely that emissions of the proposed 

construction or modification will -.

 A. A. Interfere with the attainment or maintenance of NAAQS and 

the air quality standards established in 10 CSR 10-6.010; 

 B. Cause or contribute to ambient air concentrations in excess 

of any applicable maximum allowable increase listed in subsection 

(11)(A) Table 1, of this rule, over the baseline concentration in any 

attainment or unclassified area; or 

 C. Result in complaints filed in the vicinity of the proposed 

construction or modification warrant an air quality analysis. 
10 CSR 10-6.060 

8 

(6) General Permit Requirements for Construction or Emissions 

Increase Greater Than De Minimis Levels. 

(A) A permit shall be issued pursuant to this section only if it is 

determined that the proposed source operation or installation will 

not do one (1) or more of the following: 

 1. Violate any of the applicable provisions of this rule; 

 2. Interfere with the attainment or maintenance of NAAQS and the 

air quality standards established in 10 CSR 10-6.010; 

 3. Cause or contribute to ambient air concentrations in excess 

of any applicable maximum allowable increase listed in subsection 

(11)(A) Table 1, of this rule, over the baseline concentration in any 

attainment or unclassified area; 

 4. Violate any applicable requirements of the Air Conservation 

Law; and 

 5. Cause an adverse impact on visibility in any Class I area 

(those designated in paragraph (12)(I)3. of this rule). 

(B) In order for the permitting authority to make this determination, 

each applicant shall— 

 1. Complete and submit application forms supplied by the 

permitting authority. These forms shall consist of an Application for 

Authority to Construct and an Emissions Information for Construction 

Permit Application. Both forms shall be completed so that all 

information necessary for processing the permit is supplied; 

 2. Send to the permitting authority as part of the application: 

site information; plans; descriptions; specifications; and drawings 

showing the design of the installation, the nature and amount of 

emissions of each pollutant, and the manner in which it will be 

operated and controlled; 

 3. Supply ambient air quality modeling data for the pollutant to 

determine the air quality impact of the installation on the 

applications with the potential to emit fifty (50) tons per year or 

more of particulate matter or sulfur dioxide. The modeling techniques 

to be used are as specified in the most recent version of the 

Environmental Protection Agency’s (EPA) Guideline on Air Quality 

Models (EPA 450/2-78-027R), including supplements at the time of 

 
10 CSR 10-6.060 

9 

application, or another model which the permitting authority deems 

accurate. Temporary installations and portable equipment shall be 

exempt from this requirement provided that the source shall apply 

best available control technology (BACT) for each pollutant emitted 

in a significant amount; 

 4. Furnish any additional information, plans, specifications, 

evidence, documentation, modeling, or monitoring data that the 

permitting authority may require to complete review under this rule; 

and 

 5. Submit fees for the filing and processing of their permit 

application. The amount of the fee will be determined from section 

(10) of this rule. 

(C) The review of each permit application will follow the procedures 

of subsection (12)(A), Appendix A of this rule and, when applicable, 

subsection (12)(B), Appendix B of this rule. 

(D) Special Considerations for Stack Heights and Dispersion 

Techniques. 

 1. The degree of emission limitation required for control of any 

air pollutant under this rule shall not be affected in any manner by— 

 A. That amount of the stack height of any installation which 

exceeds good engineering practice (GEP) stack height; or 

 B. Any other dispersion technique. 

 2. Paragraph (6)(D)1. of this rule shall not apply to stack 

heights on which construction commenced on or before December 31, 

1970, or to dispersion techniques implemented on or before December 

31, 1970. 

 3. Before the permitting authority issues a permit under this 

rule based on stack heights that exceed GEP, the permitting authority 

must notify the public of the availability of the demonstration study 

and must provide opportunity for a public hearing on it. 

 4. This paragraph does not require that actual stack height or 

the use of any dispersion technique be restricted in any manner. 

(E) After a permit has been granted— 

 1. The owner or operator subject to the provisions of this rule 

shall furnish the permitting authority written notification as 

follows: 
10 CSR 10-6.060 

10 

 A. A notification of the anticipated date of initial start-up of 

the source operation or installation within thirty (30) days of the 

actual date of initial start-up; and 

 B. A notification of the actual date of initial start-up of a 

source operation or installation within fifteen (15) days after that 

date; 

 2. A permit may be revoked if construction or modification work 

is not begun within two (2) years from the date of issuance or if 

work is suspended for one (1) year, and if— 

 A. The delay was reasonably foreseeable by the owner or operator 

at the time the permit was issued; 

 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. 

(7) Nonattainment Area Permits. This section applies to the 

construction of any new major stationary source or any project at an 

existing major stationary source in an area designated as 

nonattainment. 

 
10 CSR 10-6.060 

11 

(A) Applicability Procedures. The provisions of this subsection are 

used to determine, prior to beginning actual construction, if a 

project at an existing major stationary source is a major 

modification and thus subject to the permit application and review 

requirements of subsection (7)(B) of this rule. 

 1. Except for sources with a Plantwide Applicability Limit 

(PAL), which shall comply with subsection (7)(C) of this rule, and in 

accordance with the definition of the term major modification 

contained in subsection (1)(A) of this rule, a project is a major 

modification if it causes two (2) types of emissions increases for 

the nonattainment pollutant — a significant emissions increase and a 

significant net emissions increase. The project is not a major 

modification if it does not cause a significant emissions increase. 

If the project causes a significant emissions increase, then the 

project is a major modification only if it also results in a 

significant net emissions increase. 

 2. The emissions increase from the project is determined by 

taking the sum of the emissions increases from each emissions unit 

affected by the project. An emissions unit is considered to be 

affected by the project if an emissions increase from the unit would 

occur as a result of the project, regardless of whether a physical 

change or change in the method of operation will occur at the 

particular emissions unit. 

 3. For each existing emissions unit affected by the project, the 

emissions increase is determined by taking the difference between the 

projected actual emissions for the completed project and the baseline 

actual emissions. In accordance with the definition of the term 

projected actual emissions found in 40 CFR 52.21 as referred to in 

subsection (1)(A) of this rule, the owner or operator of the major 

stationary source may elect to use the existing emission unit’s 

potential to emit in lieu of the projected actual emissions for this 

calculation. 

 4. For each new emissions unit affected by the project, the 

emissions increase is equal to the potential to emit. 

 5. The procedure for calculating the net emissions increase (the 

significance of which is the second criterion for determining if a 

project is a major modification) is contained in the definition of 

the term net emissions increase found in subsection (1)(A) of this 

rule. 

 
10 CSR 10-6.060 

12 

 6. The provisions of subsection (7)(B) of this rule do not apply 

to a source or modification that would be a major stationary source 

or major modification only if fugitive emissions to the extent 

quantifiable are considered in calculating the potential to emit of 

the stationary source or modification and the source does not belong 

to one (1) of the source categories listed in items (i)(1)(vii)(a)–

(aa) of 40 CFR 52.21 which is incorporated by reference in subsection 

(8)(A) of this rule. 

(B) Permit Requirements. A permit shall not be issued, for the 

construction of a new major stationary source for the nonattainment 

pollutants, or for a major modification for the nonattainment 

pollutant of an existing major stationary source, unless the 

following requirements, in addition to section (6) of this rule, are 

met: 

 1. By the time the source is to commence operation, sufficient 

emissions offsets shall be obtained as required to ensure reasonable 

further progress toward attainment of the applicable national ambient 

air quality standard and consistent with the requirements of Section 

173(a)(1)(A) of the Clean Air Act and paragraphs 40 CFR 51.165(a)(3) 

and (9); 

 2. In the case of a new or modified installation which is 

located in a zone (within the nonattainment area) identified by the 

administrator, in consultation with the Secretary of Housing and 

Urban Development, as a zone to which economic development should be 

targeted, emissions of that pollutant resulting from the proposed new 

or modified installation will not cause or contribute to emissions 

levels which exceed the allowance permitted for that pollutant for 

that zone from new or modified installations; 

 3. Offsets have been obtained in accordance with paragraph 

(7)(B)1. and with the offset and banking procedures in 10 CSR 10-

6.410; 

 4. The administrator has not determined that the state 

implementation plan is not being adequately implemented for the 

nonattainment area in which the proposed source is to be constructed 

or modified; 

 5. Temporary installation and portable sources shall be exempt 

from this section provided that the source applies BACT for each 

pollutant emitted in a significant amount; 

 
10 CSR 10-6.060 

13 

 6. The applicant must provide documentation establishing that 

all installations in Missouri, which are owned or operated by the 

applicant, (or by any entity controlling, controlled by, or under 

common control with the applicant) are subject to emission 

limitations and are in compliance, or are on a schedule for 

compliance, with all applicable requirements; 

 7. Permit applications shall include a control technology 

evaluation to demonstrate that any new major stationary source or 

major modification will meet the lowest achievable emission rate 

(LAER) for all new or modified emission units, unless otherwise 

provided in this section; 

 8. Any new major stationary source or major modification to be 

constructed in an area designated nonattainment shall comply with 

LAER as determined by the director and set forth in the construction 

permit pursuant to this section, except where otherwise provided in 

this section; 

 9. The applicant must provide an alternate site analysis; and 

 10. The applicant shall provide an analysis of impairment to 

visibility in any Class I area (those designated in subsection 

(12)(I) of this rule) that would occur as a result of the 

installation or major modification and as a result of the general, 

commercial, residential, industrial, and other growth associated with 

the installation or major modification. 

(C) Plantwide Applicability Limits (PALs). The provisions of 

subsection (aa) of 40 CFR 52.21, which is incorporated by reference 

in subsection (8)(A) of this rule, shall govern PALs of the 

nonattainment pollutant for projects at existing major stationary 

sources in an area designated nonattainment, except that— 

 1. The term Administrator shall be the director of the Missouri 

Department of Natural Resources’ Air Pollution Control Program; 

 2. The term BACT or LAER and the term BACT shall both be LAER 

for the nonattainment pollutant; 

 3. The term Prevention of Significant Deterioration (PSD)

program, as it appears in 40 CFR 52.21(aa)(1)(ii)(b), and the term 

major NSR program, as it appears in 52.21(aa)(1)(ii)(c), both shall 

be Nonattainment Area Permit program of this section; and 

 4. The director shall not allow a PAL for VOC or NOx for any 

existing major stationary source located in an extreme ozone 

nonattainment area. 
10 CSR 10-6.060 

14 

(D) Reporting and Record Keeping. This subsection applies to projects 

at existing major stationary sources, without a PAL, which are exempt 

from the permit requirements of subsection (7)(B) of this rule as a 

result of the applicability determination made in subsection (7)(A) 

of this rule. The owner or operator of such sources shall comply, in 

regards to the nonattainment pollutant, with the provisions of 

paragraph (r)(6) of 40 CFR 52.21, which is incorporated by reference 

in subsection (8)(A) of this rule, except that the term Administrator 

shall be the director of the Missouri Department of Natural 

Resources’ Air Pollution Control Program. 

(E) Any construction or modification that will impact a federal Class 

I area shall be subject to the provisions of subsection (12)(H) of 

this rule. 

(F) All permit applications subject to subsection (7)(B) of this rule 

are subject to the public participation requirements in subsection 

(12)(B) of this rule. 

(G) The director of the Missouri Department of Natural Resources’ Air 

Pollution Control Program shall transmit to the administrator of the 

U.S. Environmental Protection Agency a copy of each permit 

application filed under section (7) of this rule and shall notify the 

administrator of each significant action taken on the application. 

(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, 2012, and Federal Register Notice 77 FR 41051 promulgated 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. 

(B) Administrator as it appears in 40 CFR 52.21 shall refer to the 

director of the Missouri Department of Natural Resources’ Air 

Pollution Control Program except in the following, where it shall 

continue to refer to the administrator of the U.S. Environmental 

Protection Agency: 

 1. (b)(17) Federally enforceable; 

 2. (b)(37)(i) Repowering; 
10 CSR 10-6.060 

15 

 3. (b)(43) Prevention of Significant Deterioration (PSD) 

program; 

 4. (b)(48)(ii)(c); 

 5. (b)(50) Regulated NSR pollutant; 

 6. (b)(51) Reviewing authority; 

 7. (g) Redesignation; 

 8. (l) Air quality models; 

 9. (p)(2) Federal Land Manager; and 

 10. (t) Disputed permits or redesignations. 

(C) All permit applications subject to section (8) of this rule are 

subject to the public participation requirements in subsection 

(12)(B) of this rule. 

(D) The director of the Missouri Department of Natural Resources’ Air 

Pollution Control Program shall transmit to the administrator of the 

U.S. Environmental Protection Agency a copy of each permit 

application filed under section (8) of this rule and shall notify the 

administrator of each significant action taken on the application. 

(E) Applicants must obtain emission reductions, obtained through 

binding agreement prior to commencing operations and subject to 10 

CSR 10-6.410, equal to and of a comparable air quality impact to the 

new or increased emissions in the following circumstances when the: 

 1. Area has no increment available; or 

 2. Proposal will consume more increment than is available. 

[Section (9) is not SIP approved.] 

(10) Permit Fees and Amendments and Fees. 

 
10 CSR 10-6.060 

16 

(A) Permit Fees. 

Permit 

Application 

Type 

Rule 

Section 

Reference

Filing Fee Processing Fee 

Existing

Effective 

Jan. 1, 

2017 

Existing 

Effective 

Jan. 1, 

2017 

Portable Source 

Relocation 

Request 

(4) $200 $300 ---- ---- 

De minimis (5) $100 $250 $50/hr $75/hr 

Minor (6) $100 $250 $50/hr $75/hr 

NSR (7) $100 $5,000 $50/hr $75/hr 

PSD (8) $100 $5,000 $50/hr $75/hr 

HAP (9) $100 $5,000 $50/hr $75/hr 

Initial PAL (7) or (8) $100 $5,000 $50/hr $75/hr 

Renewal PAL (7) or (8) $100 $2,500 $50/hr $75/hr 

Temporary/Pilot (3) $100 $250 $50/hr $75/hr 

Permit 

Amendment (10) ---- ---- $50/hr $75/hr 

 1. All installations or source operations requiring permits 

under this rule shall make application to the permitting authority 

andmust submit the application with a permit filing fee of one 

hundred dollars ($100)to the permitting authority. Failure to submit 

the permit filing fee constitutes an incomplete permit application 

according to paragraph (12)(A)2. of this rule. 

 2. Upon the determination that a completereceipt of an

application for a permit or a permit amendment has been received, a 

fee for permit processing in the amount of fifty dollars ($50)fee 

begins to accrue per hour of actual staff time will begin to accrue. 

In lieu of the fifty-dollar ($50) per-hour reviewprocessing fee, for 

projects subject to review under paragraph (4)(D)1. of this rule, a 

flat fee as specified in subsection (10)(A) of two hundred dollars 

($200) shall this rule must be submitted by the applicant. 

 3. The applicant shall submit fees for the processing of the 

permit application within ninety (90) calendar days of the final 

review determination, whether the permit is approved, denied, 

withdrawn, or not needed. After the ninety (90) calendar days, the 

unpaid processing fees shall have interest imposed upon the unpaid 

amount at the rate of ten percent (10%) per annum from the date of 

billing until payment is made. Failure to submit the processing fees 

after the ninety (90) calendar days will result in the permit being 

denied (revoked for portable installation location amendments) and 

the rejection of any future permit applications by the same applicant 

until the processing fee plus interest have been paid. 
10 CSR 10-6.060 

17 

 4. In addition to permit filing and processing fees, the 

applicant shall pay for any publication of notice required and shall 

pay for the original and one (1) copy of the transcript, to be filed 

with the permitting authority, of any hearing required under this 

rule. No permit shall be issued until all publication and transcript 

costs have been paid. 

 5. Partially processed permits that are withdrawn after 

submittal shall be charged at the same processing fee rate in 

paragraphsubsection (10)(A)2. of this rule for the time spent 

processing the application. 

 6. The commission may reduce the permit processing fee or exempt 

any person from payment of the fee upon an appeal filed with the 

commission stating and documenting that the fee will create an 

unreasonable economic hardship upon the person. 

 7. Any person who obtains a valid permit from a city or county 

holding a certificate of authority granted by the commission under 

section 643.140, RSMo, shall be deemed to have met the fee 

requirements of this section for that permit. 

(B) Amending a Final Permit. 

 1. No changes in the proposed installation or modification may 

be made which would change any information in a finalized permit, 

except in accordance with this subsection. 

 2. If the applicant desires to make the change, the applicant 

shall submit in writing a request to the permitting authority that 

the permit be amended. 

 3. If the requested change will result in increased emissions, 

air quality impact or increment consumption, and is submitted after 

the final notice of permit processing fee due, a new permit 

application is required for the requested change. The new 

application, to the maximum extent possible, should reference those 

portions of the original application that are unchanged. This new 

submittal will be subject to all requirements of this rule. The 

accrued permit processing fee from the original application must be 

submitted to the permitting authority before the new permit 

application can be accepted. 

 4. If the requested change will not result in increased 

emissions, air quality impact, or increment consumption, the original 

permit application shall be amended and the permit shall be modified 

pursuant to the amended application within thirty (30) calendar days 
10 CSR 10-6.060 

18 

of receipt of the written request. The fee for this type of change 

will be subject to the requirements of subsection (10)(A), except 

paragraph (10)(A)1., of this rule. 

(11) Tables. 

(A) Table—1 Ambient Air Increment Table. 

Pollutant Maximum Allowable Increase

Class I Areas 

Particulate Matter 2.5 Micron: 

 Annual arithmetic mean 1 

 24-hour maximum 2 

Particulate Matter 10 Micron: 

 Annual arithmetic mean 4 

 24-hour maximum 8 

Sulfur Dioxide: 

 Annual arithmetic mean 2 

 24-hour maximum 5 

 3-hour maximum 25 

Nitrogen Dioxide: 

 Annual arithmetic mean 2.5 

Pollutant Maximum Allowable Increase 

Class II Areas

Particulate Matter 2.5 Micron: 

 Annual arithmetic mean 4 

 24-hour maximum 9 

Particulate Matter 10 Micron: 

 Annual arithmetic mean 17 

 24-hour maximum 30 

Sulfur Dioxide: 

 Annual arithmetic mean 20 

 24-hour maximum 91 

 3-hour maximum 512 

Nitrogen Dioxide: 

 Annual arithmetic mean 25 

 
10 CSR 10-6.060 

19 

Pollutant Maximum Allowable Increase 

Class III Areas

Particulate Matter 2.5 Micron: 

 Annual arithmetic mean 8 

 24-hour maximum 18 

Particulate Matter 10 Micron: 

 Annual arithmetic mean 34 

24-hour maximum 60 

Sulfur Dioxide: 

 Annual arithmetic mean 40 

 24-hour maximum 182 

 3-hour maximum 700 

Nitrogen Dioxide: 

 Annual arithmetic mean 50 

Notes: 

1. All increases in micrograms per cubic meter. For any period other 

than an annual period, the applicable maximum allowable increase may 

be exceeded during one (1) period once per year at any one (1) 

location. 

2. There are two (2) Class I Areas in Missouri—one (1) in Taney 

County (Hercules Glade) and one (1) in Wayne and Stoddard Counties 

(Mingo Refuge). 

3. There are no Class III Areas in Missouri at this time. 

(B) Table 2—Significant Monitoring Concentrations. 

Pollutant Air Quality Impact

Carbon monoxide 575, 8-hour average

Nitrogen dioxide 14, annual

Particulate matter—2.5 micron (PM2.5) 4, 24-hour

Particulate matter—10 micron (PM10) 10, 24-hour

Sulfur dioxide 13, 24-hour

Ozone * 

Lead .1, 3-month

Mercury 0.25, 24-hour

Beryllium .001, 24-hour

Fluorides 0.25, 24-hour

Vinyl chloride 15, 24-hour

Total reduced sulfur 10, 1-hour

Hydrogen sulfide 0.2, 1-hour

Reduced sulfur compounds 10, 1-hour

 

Note: All impacts in micrograms per cubic meter. 
10 CSR 10-6.060 

20 

*No significant monitoring concentration is provided for ozone. 

However, any potential net increase of one hundred (100) tons per 

year, or more, of volatile organic compounds or nitrogen oxides 

subject to section (8) of this rule would require an ambient impact 

analysis, including the gathering of ambient air quality data. 

(C) Table 3—Missouri Guidelines for Valid Data Total Suspended 

Particulate. 

Time Period Minimum Requirement for Validity

Month 2, 24-hour samples 

Quarter 10, 24-hour samples and 3 valid months 

Year 45, 24-hour samples and 4 valid quarters 

Continuously Monitored Data

Time Period Minimum Requirement for Validity

3-hour running average 3 consecutive hourly observations 

8-hour running average 6 hourly observations 

24-hour average (daily) 18 hourly observations 

Monthly 21 daily averages 

Quarterly1 3 consecutive monthly averages 

Yearly2 11 monthly averages 

1

Quarter is defined as calendar quarter. 

2

Year is defined as four (4) consecutive calendar quarters. 

(D) Table 4— Significant Levels for Air Quality Impact in Class II 

Areas. 

Averaging Time 

(Hours) 

Pollutant Annual 24 8 3 1

SO2 1.0 5 25 

PM10 1.0 5 

PM2.5 0.3 1.2 

NO2 1.0 

CO .5 2 

Note: All impacts in micrograms per cubic meter, except for CO in 

milligrams per cubic meter. 

(12) Appendices. 

(A) Appendix A, Permit Review Procedures. 

 1. Preapplication meeting. Prior to submittal of a complete 

permit application, the applicant may request a preapplication 

meeting with the permitting authority to discuss the nature of, and 

apparent requirements for, the forthcoming permit application. This 

meeting shall not fall under the permit fee requirements. 
10 CSR 10-6.060 

21 

 2. Complete application. 

 A. The permitting authority shall review each application for 

completeness and shall inform the applicant within thirty (30) days 

if the application is not complete. In order to be complete, an 

application must include a completed application form and, to the 

extent not called for by the form, the information required in 

paragraph (12)(A)4. of this rule. 

 B. If the permitting authority does not notify the installation 

that its application is not complete within thirty (30) days of 

receipt of the application, the application shall be deemed complete. 

However, nothing in this subsection shall prevent the permitting 

authority from requesting additional information that is reasonably 

necessary to process the application. 

 (I) The permitting authority shall maintain a checklist to be 

used for the completeness determination. A copy of the checklist 

identifying the application’s deficiencies shall be provided to the 

applicant along with the notice of incompleteness. 

 (II) If, while processing an application that has been 

determined or deemed to be complete, the permitting authority 

determines that additional information is necessary to evaluate or to 

take final action on that application, the permitting authority may 

request this additional information in writing. In requesting this 

information, the permitting authority shall establish a reasonable 

deadline for a response. The review period will be extended by the 

amount of time necessary to collect the required information. 

 (III) In submitting an application for amendment of a 

construction permit, the applicant may incorporate by reference those 

portions of the existing permit (and the permit application and any 

permit amendment) that describe products, processes, operations, and 

emissions. The applicant must identify specifically and list which 

portions of the previous permit, applications, or both, are 

incorporated by reference. In addition, a permit amendment 

application must contain— 

 (a) Information specified in paragraph (12)(A)4. of this 

rule for those products, processes, operations, and emissions— 

 I. That are not addressed in the previous permit or 

application; 

 

 II. That are subject to applicable requirements that are 

not addressed in the previous permit or application; or 
10 CSR 10-6.060 

22 

 

 III. For which the applicant seeks permit terms and 

conditions that differ from those in the previous permit or 

application. 

 

 C. Confidential information. An applicant may submit information 

to the permitting authority under a claim of confidentiality pursuant 

to 10 CSR 10-6.210. 

 D. Filing fee. Each application must be accompanied by a one 

hundred-dollar ($100) the filing fee as specified in subsection 

(10)(A) of this rule. 

 3. Duty to supplement or correct application. Any applicant who 

fails to submit any relevant facts or who has submitted incorrect 

information in a permit application, upon becoming aware of the 

failure or incorrect submittal, shall promptly submit supplementary 

facts or corrected information. In addition, an applicant shall 

provide additional information, as necessary, to address any 

requirements that become applicable to the installation after the 

date an application is deemed complete, but prior to the issuance of 

the construction permit. 

 4. Standard application form and required information. The 

director will provide a standard application package for applicant’s 

use. An applicant shall submit an application package consisting of 

the standard application form and Emissions Information for 

Construction Permit Application. After the effective date of this 

rule, any revision to the department-supplied forms will be presented 

to the regulated community for a forty-five (45)-day comment period. 

The application package must include all information needed to 

determine applicable requirements. The application must include 

information needed to determine the applicability of any applicable 

requirement. The applicant shall submit the information called for by 

the application form for each emissions unit at the installation to 

be permitted. The standard application form (and any attachments) 

shall require that the following information be provided: 

 A. Identifying information. The applicant’s company name and 

address (or plant name and address if different from the company 

name), the owner’s name and state registered agent, and the telephone 

number and name of the plant site manager or other contact person; 

 B. Processes and products. A description of the installation’s 

processes and products (by two (2)-digit Standard Industrial 

Classification Code); 
10 CSR 10-6.060 

23 

 C. Emissions-related information. The following emissionsrelated information on the emission inventory forms: 

 (I) All emissions of regulated air pollutants. The permit 

application shall describe all emissions of regulated air pollutants 

emitted from each emissions unit, except as provided for by this 

section. The installation shall submit additional information related 

to the emissions of air pollutants sufficient to verify which 

requirements are applicable; 

 (II) Identification and description of all emissions units whose 

emissions are included in part (12)(A)4.C.(I) of this rule, in 

sufficient detail to establish the applicability of all requirements; 

 (III) Emissions rates, or information that enables the 

permitting authority to determine such rates, in tons per year and in 

such terms as are necessary to establish compliance consistent with 

the applicable standard reference test method, if any; 

 (IV) Information to the extent needed to determine or regulate 

emissions: fuels, fuel use, raw materials, production rates, and 

operating schedules; 

 (V) Identification and description of air pollution control 

equipment; 

 (VI) Identification and description of compliance monitoring 

devices or activities; 

 (VII) Limitations on installation operations affecting emissions 

or any work practice standards, where applicable, for all regulated 

air pollutants; 

 (VIII) Other information required by any applicable requirement 

(including information related to stack height limitations developed 

pursuant to section 123 of the Act); and 

(IX) Calculations on which the information in parts 

(12)(A)4.C.(I)–(VIII) of this rule is based; 

 D. Other specific information required under the permitting 

authority’s rule to implement and enforce other applicable 

requirements of the Act or of these rules, or to determine the 

applicability of these requirements. 

 5. Certification by responsible official. Any application form 

or report submitted pursuant to this rule shall contain certification 

by a responsible official of truth, accuracy, and completeness. This 
10 CSR 10-6.060 

24 

certification, and any other certification, shall be signed by a 

responsible official and shall contain the following language: “I 

certify, based on information and belief formed after reasonable 

inquiry, the statements and information in the document are true, 

accurate, and complete.” 

 6. Receipt of the complete application. Upon receipt of a 

complete permit application, the permitting authority shall proceed 

with processing of the application. 

 7. Notification of processing fees. TheUpon request, the

permitting authority, as timely as possible, will notify the 

applicant in writing if the permit processing fee approaches one 

thousand dollars ($1,000) and in one thousand-dollar ($1,000) 

increments after that. 

 8. Public participation. For all applications for sources that 

emit five (5) or more tons of lead per year, or that contain good 

engineering practice stack height demonstrations, or that are subject 

to section (7) or (8) of this rule, the permitting authority shall 

follow the procedures for public participation as specified in 

section (12), Appendix (B) of this rule. 

 9. Final completeness determination. Final determination will be 

made on the following schedules: 

 A. The permitting authority will make final determinations for 

complete permit applications processed under section (7), (8), or (9) 

of this rule no later than one hundred eighty-four (184) calendar 

days after receipt of a complete application, taking into account any 

additional time necessary for missing information; 

 B. The permitting authority will make final determination for 

complete permit applications processed under section (3), (4), (5), 

or (6) of this rule no later than ninety (90) calendar days after 

receipt of a complete application, taking into account any additional 

time necessary for missing information; and 

 C. If the permitting authority exceeds the time for review 

described in subparagraph (12)(A)9.A. or B. of this rule, the 

applicant shall not be required to pay the processing fee associated 

with the application. 

 10. Conditions required by permitting authority. The permitting 

authority may impose those conditions in a permit as may be necessary 

to accomplish the purposes of this rule, any applicable requirements, 

or the Air Conservation Law, Chapter 643, RSMo, and are no less 

stringent than any applicable requirements. Nothing in this rule 
10 CSR 10-6.060 

25 

shall be deemed to limit the power of the permitting authority in 

this regard. The following condition examples are solely for the 

purposes of illustration, and do not limit the generality of the 

preceding liberal sentence: 

 A. Sampling ports of a suitable size, number, and location; 

 B. Safe access to each port; 

 C. Instrumentation to monitor and record emission data; 

 D. Other sampling and testing facilities; 

 E. Operating or work practice constraints to limit the maximum 

level of emissions; 

 F. Emission control device efficiency specifications to limit 

the maximum level of emissions; 

 G. Maximum level of emissions; 

 H. Emission testing after commencing operations, to be conducted 

by the owner or operator, as necessary to demonstrate compliance with 

applicable requirements or other permit conditions; 

 I. Data reporting; and 

 J. Post-construction ambient monitoring and reporting. 

 11. Drafts for public comment. Following review of an 

application, the permitting authority shall issue a draft permit for 

public comment, in accordance with subsection (12)(B) of this rule. 

The draft shall be accompanied by a statement setting forth the legal 

and factual basis for the draft permit conditions (including 

references to applicable statutory or regulatory provisions). The 

permitting authority shall send this statement to the administrator, 

to affected states and to the applicant, and shall place a copy in 

the public file. 

 12. Additional procedures needed for unified reviews of this 

rule’s section (6), (7), (8), or (9) unified review construction 

permit applications and part 70 operating permit applications. 

 A. Permit review by the administrator and affected states. 

 (I) Administrator review. 
10 CSR 10-6.060 

26 

 (a) Copies of applications, proposals, and final actions. 

The applicant will provide two (2) copies of the information included 

in an application. The permitting authority will forward to the 

administrator one (1) copy of each permit application and each final 

operating permit. 

 (b) Administrator’s objection. No permit shall be issued 

under this rule if the administrator objects to its issuance in 

writing within forty-five (45) days after receipt of the proposed 

permit and all necessary supporting information. 

 (c) Failure to respond to objection. If the permitting 

authority does not respond to an objection of the administrator by 

transmitting a revised proposed permit within ninety (90) days after 

receipt of that objection, the administrator may issue or deny the 

permit in accordance with the Act. 

 (d) Public petitions for objection. If the administrator 

does not object to a proposed permit action, any person may petition 

the administrator to make such an objection within sixty (60) days 

after expiration of the administrator’s forty-five (45)-day review 

period. 

 I. This petition may only be based on objections 

raised during the public review process, unless the petitioner 

demonstrates that it was impracticable to raise objection during the 

public review period (including when the grounds for objection arose 

after that period). 

 II. If the administrator responds to a petition filed 

under this section by issuing an objection, the permitting authority 

will not issue the permit until the objection has been resolved. If 

the permit was issued after the administrator’s forty-five (45)-day 

review period, and prior to any objection by the administrator, the 

permitting authority shall treat that objection as if the 

administrator were reopening the permit for cause. In these 

circumstances, the petition to the administrator does not stay the 

effectiveness of the issued permit, and the permittee shall not be in 

violation of the requirement to have submitted a complete and timely 

permit application. 

 (II) Affected state review. 

 (a) Notice of draft actions. The permitting authority will 

give notice of each draft permit to any affected state on or before 

the time that the permitting authority provides notice to the public. 

Affected states may comment on the draft permit action during the 

period allowed for public comment, as shall be set forth in a notice 

to affected states. 
10 CSR 10-6.060 

27 

 (b) Refusal to accept recommendations. If the permitting 

authority refuses to accept all recommendations for a proposed permit 

action that any affected state has submitted during the review 

period, the permitting authority shall notify the administrator and 

the affected state in writing of its reasons for not accepting those 

recommendations. 

 B. Proposals for review. Following the end of the public comment 

period, the permitting authority shall prepare and submit to the 

administrator a proposed permit. 

 (I) The proposed permit shall be issued no later than forty-five 

(45) days after the deadline for final action under this section and 

shall contain all applicable requirements that have been promulgated 

and made applicable to the installation as of the date of issuance of 

the draft permit. 

 (II) If new requirements are promulgated or otherwise become 

newly applicable to the installation following the issuance of the 

draft permit, but before issuance of a final permit, the permitting 

authority may elect to either— 

 (a) Extend or reopen the public comment period to solicit 

comment on additional draft permit provisions to implement the new 

requirements; or 

 (b) If the permitting authority determines that this 

extension or reopening of the public comment period would delay 

issuance of the permit unduly, the permitting authority may include 

in the proposed or final permit, or both, a provision stating that 

the operating permit will be reopened immediately to incorporate the 

new requirements and stating that the new requirements are excluded 

from the protection of the permit shield. If the permitting authority 

elects to issue the proposed or final permit, or both, without 

incorporating the new requirements, the permitting authority, within 

thirty (30) days after the new requirements become applicable to the 

source, shall institute proceedings pursuant to this section to 

reopen the permit to incorporate the new requirements. These 

reopening proceedings may be instituted, but need not be completed, 

before issuance of the final permit. 

 C. Action following the administrator’s review. 

 (I) Upon receipt of notice that the administrator will not 

object to a proposed permit that has been submitted for the 

administrator’s review pursuant to this section, the permitting 

authority shall issue the permit as soon as practicable, but in no 
10 CSR 10-6.060 

28 

event later than the fifth day following receipt of the notice from 

the administrator. 

 (II) Forty-five (45) days after transmittal of a proposed permit 

for the administrator’s review, and if the administrator has not 

notified the permitting authority that s/he objects to the proposed 

permit action, the permitting authority shall promptly issue the 

permit, but in no event later than the fiftieth day following 

transmittal to the administrator. 

 (III) If the administrator objects to the proposed permit, the 

permitting authority shall consult with the administrator and the 

applicant, and shall submit a revised proposal to the administrator 

within ninety (90) days after the date of the administrator’s 

objection. If the permitting authority does not revise the permit, 

the permitting authority will so inform the administrator within 

ninety (90) days following the date of the objection and decline to 

make those revisions. If the administrator disagrees with the 

permitting authority, the administrator may issue the permit with the 

revisions incorporated. 

 13. Notification in writing. After making a final determination 

whether the permit should be approved, approved with conditions, or 

denied, the permitting authority shall notify the applicant in 

writing of the final determination and the total permit processing 

fees due. 

 14. Notice of processing fees due. If payment of permit 

processing fees has not been received from the applicant eighty (80) 

calendar days after the final determination, the permitting authority 

shall issue in writing to the applicant a final notice of payment 

due. 

 15. Processing fees unpaid. If payment of permit processing fees 

has not been received from the applicant ninety (90) calendar days 

after the final determination, the permitting authority shall notify 

the applicant that the permit has been denied, provided the 

application previously had been approved in the final determination. 

The permitting authority also shall advise the applicant that the fee 

is still due and, as specified in paragraph (10)(A)3. of this rule, 

the fee shall have interest imposed upon it from the date of billing 

until payment is made. 

 16. Payment received. No later than three (3) calendar days 

after receipt of the whole amount of the fee due, the permitting 

authority will send the applicant a notice of payment received. The 

permit will also be issued at this time, provided the final 
10 CSR 10-6.060 

29 

determination was for approval and the permit processing fee was 

timely received. 

(B) Appendix B, Public Participation. 

 1. This subsection shall apply to applications for unified 

review, as well as applications under sections (7) and (8) of this 

rule, applications for source operations or installations emitting 

five (5) or more tons of lead per year, and applications containing 

GEP stack height demonstrations as defined in 10 CSR 10-

6.020(1)(G)3.A.–C. 

 2. For those applications subject to section (7) or (8) of this 

rule, completing the final determination within one hundred eightyfour (184) days after receipt of a complete application involves 

performing the following actions in a timely manner: 

 A. Preliminary determination. Within ninety (90) days after 

receipt of a complete application, the permitting authority shall 

make a preliminary determination whether construction should be 

approved, approved with conditions, or denied; 

 B. Draft for public comment and public hearing opportunity. No 

later than ten (10) days after the close of the preliminary review 

period, the permitting authority shall issue a draft permit and 

solicit comments by publishing a notice in a newspaper of general 

circulation within or nearest to the county in which the project is 

proposed to be constructed or operated. 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 proposed project, including its 

location and permits applied for; a description of the amount and 

location of emission reductions that will offset the emissions 

increase from the new or modified source; and include information on 

how LAER was determined for the project (where appropriate). The 

public notice shall also include degree of increment consumption, 

when appropriate, the permitting authority’s preliminary 

determination of whether or not to approve, approve with conditions 

or deny, and any reference to conditions relating to visibility as 

required in paragraph (8)(C)5, of this rule. The notice shall state 

that the department will hold a public hearing if one is requested, 

at which time any interested person may submit any relevant 

information, materials, and views in support of or opposed to the 

permit applied for. The notice shall state the location and time of 

the public hearing with the hearing being held in the county in which 

all or a major part of the proposed project is to be located and 

state that the hearing will be canceled if a request for a hearing is 
10 CSR 10-6.060 

30 

not received within twenty-eight (28) days of the publication of the 

notice. The hearing shall be scheduled not less than thirty (30) nor 

more than forty (40) days from the date of publication of the notice. 

The notice also shall state that any interested person may submit 

relevant information materials and views to the permitting authority, 

in writing, until the end of the fortieth day after the date of 

publication of the notice for public hearing. 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 proposed 

installation or major modification would be constructed, as well as 

at the Jefferson City Central Office of the Air Pollution Control 

Program. The permitting authority shall submit a copy of this public 

notice to the administrator; 

 C. Availability of preliminary determination. After the close of 

the preliminary review period, but no later than the date public 

notice is published, the permitting authority 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 installation or 

major modification would be constructed, as well as in the Air 

Pollution Control Program Office in Jefferson City, a copy of the 

preliminary determination, and a copy of summary of other materials, 

if any, considered in making the preliminary determination; 

 D. The permitting authority may designate another person to 

conduct any hearing under this section; 

 E. Distribution of public notice. Within ten (10) days after the 

close of the preliminary review period, the permitting authority 

shall send a copy of the public notice to the applicant and to 

officials and agencies having cognizance over the location where the 

proposed construction would occur as follows: local air pollution 

control agencies, the chief executive of the city and county where 

the installation or modification would be located, any comprehensive 

regional land use planning agency, any state air program permitting 

authority, and any Federal Land Manager (FLM) whose lands may be 

affected by emissions from the installation or modification; 

 F. Public comment and applicant response. The permitting 

authority shall consider all written comments submitted within the 

time specified in the public notice and all comments received at the 

public hearing, if one is held, in making a final decision on the 

approvability of the application. No later than ten (10) days after 

the close of the public comment period, the applicant may submit a 
10 CSR 10-6.060 

31 

written response to any comments submitted by the public. The 

permitting authority shall consider the applicant’s response in 

making a final decision. The permitting authority shall make all 

comments available for public inspection in the same locations where 

the permitting authority made available prehearing information 

relating to the proposed installation or modification. Further, the 

permitting authority shall prepare written response to all comments 

and make them available at the locations referred to previously; 

 G. Final determination. The permitting authority shall make a 

final determination whether construction should be approved, approved 

with conditions, or denied pursuant to this rule, then notify the 

applicant in writing of the final determination and make this 

notification available for public inspection at the same locations 

where the permitting authority made available prehearing information 

and public comments relating to the installation or modification. The 

permitting authority shall submit a copy of this final determination 

to the administrator; 

 H. Public notice exception. If the administrator has provided 

public notice and opportunity for public comment and hearing 

equivalent to that provided by this subsection, the permitting 

authority may make a final determination without providing public 

notice and opportunity for public comment and hearing required by 

this subsection; and 

 I. Class I area visibility review and notice to the FLM. 

 (I) For proposed installation subject to specific permit 

requirements in sections (7) and (8) of this rule, but not dependent 

on any quantity of lead emissions as stated in paragraph (12)(B)1. of 

this rule, the permitting authority shall provide advance 

notification to any FLM where, in the judgment of the permitting 

authority, visibility may be affected in a Class I area of the FLM’s 

responsibility. The notice shall be provided within thirty (30) days 

of receipt of an initial application or when first learning of the 

applicant’s intent for a permit. 

 (II) No later than thirty (30) days after receipt of a complete 

application, the permitting authority shall make written notification 

to the FLM whose Class I area (those designated in paragraph 

(12)(I)3. of this rule) may be affected by emissions from the 

proposed source. The notification must include all information 

relevant to the permit application and shall include an analysis of 

anticipated Class I visibility impacts. The permitting authority may 

also make this notification to any additional FLM whose Class I 

area’s visibility, in the judgment of the permitting authority, may 

be impacted. 
10 CSR 10-6.060 

32 

 (III) The permitting authority shall consider any analysis 

performed by an FLM that is provided to the permitting authority 

within thirty (30) days of the FLM’s receipt of the notification and 

analysis required in part (12)(B)2.I.(II) of this rule. Where the 

FLM’s analysis indicates that an adverse impact on visibility (as 

defined in 10 CSR 10-6.020) would occur in a Class I area as a result 

of the proposed project, and analysis does not demonstrate an adverse 

impact to the permitting authority’s satisfaction, the permitting 

authority shall so indicate the dissatisfaction in the public notice 

of hearing. With this condition, the public notice also shall contain 

the location where an explanation of the permitting authority’s 

reasoning can be found, and that the explanation be available for 

public inspection no later than the date public notice is published. 

 

 3. This paragraph is for those applications not subject to 

section (7) or (8) of this rule, but which propose an emission of 

five (5) or more tons of lead per year or applications containing GEP 

stack height demonstrations. For these applications, completing the 

final determination within ninety (90) calendar days after receipt of 

the complete application involves performing the same public 

participation activities as those subject to section (7) or (8) of 

this rule, but with shorter time frames. The following specifies the 

new time frames: 

 A. Permitting authority’s preliminary determination—No later 

than forty-five (45) calendar days after receipt of a complete 

application; 

 B. Public notice of hearing—No later than five (5) calendar days 

after the preliminary determination; 

 C. Public hearing—No later than thirty (30) calendar days after 

the date of the public notice; and 

 D. Applicant response—No later than five (5) calendar days after 

the end of the public comment period, the applicant may submit a 

written response to any comments submitted. 

(C) Appendix C, Offsets. Offset provisions may be found in 10 CSR 

10-6.410. 

(D) Appendix D, Banking. Banking provisions may be found in 10 CSR 

10-6.410. 

(E) Appendix E, Innovative Control Technology. 
10 CSR 10-6.060 

33 

 1. An owner or operator of an installation subject to section 

(8) of this rule may employ a system of innovative control technology 

if— 

 A. The applicant demonstrates to the satisfaction of the 

permitting authority that the proposed control system will not cause 

or contribute to an unreasonable risk to public health, welfare, or 

safety in its operation, function, or malfunction; 

 B. The owner or operator demonstrates the ability and agrees to 

achieve a level of continuous emission reduction equivalent to that 

which would have been required under subsection (8)(A) of this rule, 

by a reasonable date specified by the permitting authority, taking 

into consideration the technical and economic feasibility. The date 

shall not be later than four (4) years from the time of startup or 

seven (7) years from permit issuance; 

 C. On the date specified by the permitting authority, the 

proposed construction, employing the system of innovative control, 

will meet the requirements of 40 CFR 52.21(l) and 40 CFR 52.21(v); 

 D. The proposed construction would not, before the date 

specified by the permitting authority— 

 (I) Cause or contribute to a violation of an applicable national 

ambient air quality standard; 

 (II) Impact any Class I area; or 

 (III) Impact any area where an applicable increment is known to 

be violated; 

 E. The governor of any adjacent state that will be significantly 

impacted by the proposed construction gives his/her consent before 

the date specified by the permitting authority; and 

 F. All other applicable requirements, including those for public 

participation, have been met. 

 2. Any approval to employ a system of innovative control 

technology may be revoked by the permitting authority, if— 

 A. The proposed system fails or will fail by the specified date 

to achieve the required continuous emission reduction rate; or 

 B. The proposed system, before the specified date, contributes 

or will contribute to an unreasonable risk to public health, welfare 

or safety in its operation, function or malfunction; or 
10 CSR 10-6.060 

34 

 C. The permitting authority determines that the proposed system 

is unlikely to protect the public health, welfare or safety. 

 3. If an installation to which this subsection applies fails to 

meet the required level of continuous emission reduction within the 

specified time period, or the approval is revoked in accordance with 

paragraph (12)(E)2. of this rule, the owner or operator may request 

the permitting authority to grant an extension of time for a minimum 

period as may be necessary to meet the requirement for the 

application of BACT through use of a demonstrated system of control. 

The period shall not extend beyond the date three (3) years after 

termination of the same time period specified in paragraph (12)(E)1. 

of this rule. 

 (F) Appendix F, Air Quality Models. 

 1. All estimates and analyses of ambient concentrations shall be 

based on the applicable air quality models, data bases, and other 

requirements specified in the Environmental Protection Agency’s (EPA) 

Guideline on Air Quality Models (40 CFR 51, Appendix W) including 

supplements at the time of application. 

 2. Any model(s) designated in paragraph (12)(F)1. of this rule 

may be adjusted upon a determination by the administrator and the 

permitting authority, after notice and opportunity for public 

hearing, that the adjustment is necessary to take into account unique 

terrain or meteorological characteristics of an area potentially 

affected by emissions from the source. Methods like those outlined in 

the Protocol for Determining the Best Performing Model (United States 

EPA publication No. EPA-454/R-92-025, Office of Air Quality Planning 

and Standards, Research Triangle Park, NC 27711, 1992) and Standard 

Guide for Statistical Evaluation of Atmospheric Dispersion Model 

Performance (NTIS No. PB 93-226082) should be used to determine the 

comparability of air quality models. 

 3. Where the Guideline on Air Quality Models (40 CFR 51, 

Appendix W) including supplements at the time of application does not 

address a situation requiring modeling, the administrator and the 

permitting authority, after notice and opportunity for public 

hearing, may approve the use of a model which they deem accurate for 

modeling that situation.. 

(G) Appendix G, Increment Tracking. 

 1. The permitting authority will track ambient air increment 

consumption at fixed baseline locations within the baseline areas. 
10 CSR 10-6.060 

35 

 2. Available increment will be allocated on a first-come, firstserve basis. The marked received date of a complete application will 

be used by the permitting authority to determine which applicant is 

entitled to prior allocation of increments. 

 3. At the intervals of five (5) years from the baseline date, 

the permitting authority shall determine the actual air quality 

increment available or consumed for a location(s) for which complete 

air monitoring data exists using subsection (11)(C), Table 3, of this 

rule. 

 4. Exclusions from increment consumption. Upon written request 

of the owner or operator of an installation, made after notice and 

opportunity for at least one (1) public hearing to be held in 

accordance with the procedures established in subsection (12)(B) of 

this rule, the permitting authority shall exclude the following 

concentrations in determining consumption of a maximum allowable 

increase: 

 A. Concentrations attributable to the increase in emissions from 

installations which have converted from the use of petroleum 

products, natural gas, or both, by reason of an order in effect under 

sections 2(a) and (b) of the Energy Supply Environmental Coordination 

Act of 1974 over the emissions from those sources before the 

effective date of the order; 

 B. Concentrations attributable to the increase in emissions from 

installations which have converted from using natural gas by reason 

of a natural gas curtailment plan in effect pursuant to the Federal 

Power Act over the emissions from those sources before the effective 

date of the plan; 

 C. Concentrations of particulate matter attributable to the 

increase in emissions from construction or other temporary emissionrelated activities, however; 

 D. No exclusion of these concentrations shall apply more than 

five (5) years after the effective date of the order to which 

subparagraph (12)(G)4.A. of this rule refers or the plan to which 

subparagraph (12)(G)4.B. of this rule refers, whichever is 

applicable. If both the order and the plan are applicable, no 

exclusion shall apply more than five (5) years after the later of the 

effective dates. 

(H) Appendix H, Impacts on Class I Areas. 

 1. At any time prior to the close of the public comment period 

specified in subsection (12)(B) of this rule, the FLM for any federal 
10 CSR 10-6.060 

36 

Class I area may provide information to the permitting authority 

demonstrating that the emissions from the proposed installation or 

major modification would have an adverse impact on the air qualityrelated values (including visibility) of any federal mandatory Class 

I area, notwithstanding that the change in air quality, resulting 

from emissions from the installation or major modification, would not 

cause or contribute to concentrations which would exceed the maximum 

allowable increase for a Class I area, as specified in subsection 

(11)(A), Table 1, of this rule. If the permitting authority concurs 

in the demonstration by the FLM, the permit shall be denied. 

 2. Class I variances. The owner or operator of a proposed 

installation or major modification may demonstrate to the FLM that 

the emissions from the source would have no adverse impact on the air 

quality-related values of any federal mandatory Class I area 

(including visibility), notwithstanding that the change in air 

quality resulting from emissions from the source would cause or 

contribute to concentrations which would exceed the maximum allowable 

increases for a Class I area. If the FLM concurs with a demonstration 

and so certifies to the permitting authority, the permitting 

authority, providing that all other applicable requirements of this 

rule are met, may issue the permit with those emission limitations as 

may be necessary to assure that emissions of sulfur dioxide, 

particulate matter, and nitrogen dioxide would not exceed the 

following maximum allowable increases over baseline concentration for 

these pollutants: 

Pollutant 

Maximum Allowable 

Increase 

Particulate Matter 2.5 Micron: 

Annual arithmetic mean 4 

24-hour maximum 9 

Particulate Matter 10 Micron: 

Annual arithmetic mean 17 

24-hour maximum 30 

Sulfur Dioxide: 

Annual arithmetic mean 20 

24-hour maximum 91 

3-hour maximum 325 

Nitrogen Dioxide: 

Annual arithmetic mean 25 

Note: Increases are in micrograms per cubic meter. 

 
10 CSR 10-6.060 

37 

 3. Sulfur dioxide variance by governor with FLM’s concurrence. 

 A. If the owner or operator of a proposed installation or major 

modification who has been denied an FLM’s certification pursuant to 

paragraph (12)(H)1. of this rule demonstrates to the governor that 

the installation or major modification cannot be constructed as a 

result of any maximum allowable increase for sulfur dioxide for 

periods of twenty-four (24) hours or less applicable to any Class I 

area and, in the case of federal mandatory Class I areas, that a 

variance under this part would not adversely affect the air qualityrelated values of the area (including visibility), then the governor, 

after consideration of the FLM’s recommendation (if any) and subject 

to his/her concurrence, may grant, after notice and an opportunity 

for a public hearing, a variance from these maximum allowable 

increases. 

 B. If a variance is granted, the permitting authority may issue 

a permit to an installation or major modification in accordance with 

the requirements of paragraph (12)(H)5. of this rule, provided that 

all other applicable requirements of this rule are met. 

 4. Variance by the governor with the president’s concurrence. 

 A. The recommendations of the governor and the FLM shall be 

transferred to the president in any case where the governor 

recommends a variance in which the FLM does not concur. 

 B. If this variance is approved by the president pursuant to 42 

U.S.C. section 7475(d)(2)(D)(ii), the permitting authority may issue 

a permit in accordance with the requirements of paragraph (12)(H)5. 

of this rule provided that all other applicable requirements of this 

rule are met. 

 5. Emission limitations for presidential or gubernatorial 

variance. 

 A. In the case of a permit issued pursuant to paragraph 

(12)(H)3. or 4. of this rule, the permitting authority shall impose, 

as conditions of the permit, emission limitations as may be necessary 

to assure that emissions of sulfur dioxide from the installation or 

major modification (during any day on which the otherwise applicable 

maximum allowable increases are exceeded) will not cause or 

contribute to concentrations which will exceed the following maximum 

allowable increases over the baseline concentration: 

 
10 CSR 10-6.060 

38 

Maximum Allowable Increase (micrograms per cubic meter)

Period of Exposure Terrain Areas 

 Low High 

24-hour maximum 36 62 

3-hour 130 221 

 B. These emission limitations also shall assure that the 

emissions will not cause or contribute to concentrations which exceed 

the otherwise applicable maximum allowable increases for periods of 

exposure of twenty-four (24) hours or less for more than eighteen 

(18) days, not necessarily consecutive, during any annual period. 

 6. The permitting authority shall transmit to the administrator 

a copy of each permit application under this subsection (12)(H) of 

this rule and provide notice to the administrator of every action 

related to the consideration of a permit. 

(I) Appendix I, Attainment and Unclassified Area Designations. 

 1. Area classification. 

 A. The following areas shall be Class I areas and may not be 

redesignated: 

 (I) Hercules Glade National Wilderness Area; and 

 (II) Mingo National Wilderness Area. 

 B. Any other area, unless specified in the legislation creating 

such an area, is initially designated Class II, but may be 

redesignated as provided in this section. 

 C. The following areas may be redesignated only as Class I or 

II: 

 (I) An area which as of August 7, 1977, exceeded ten thousand 

(10,000) acres in size and was a national monument, a national 

primitive area, a national preserve, a national recreational area, a 

national wild and scenic river, a national wildlife refuge, or a 

national lakeshore or seashore; and 

 (II) A national park or national wilderness area established 

after August 7, 1977, which exceeds ten thousand (10,000) acres in 

size. 

 
10 CSR 10-6.060 

39 

 2. Area redesignation. 

 A. All areas (except as otherwise provided under paragraph 

(12)(I)1. of this rule are designated Class II as of December 5, 

1974. Redesignation (except as precluded by paragraph (12)(I)1. of 

this rule may be proposed by the commission as provided in this rule, 

subject to approval by the administrator. 

 B. The commission may submit to the administrator a proposal to 

redesignate areas of the state as Class I or Class II provided that— 

 (I) At least one (1) public hearing has been held in accordance 

with procedures established in sections 643.070 and 643.100, RSMo; 

 (II) Other states and FLMs whose lands may be affected by the 

proposed redesignation were notified at least thirty (30) days prior 

to the public hearing; 

 (III) A discussion of the reasons for the proposed 

redesignation, including a satisfactory description and analysis of 

the health, environmental, economic, social, and energy effects of 

the proposed redesignation, was prepared and made available for 

public inspection at least thirty (30) days prior to the hearing and 

the notice announcing the hearing containing appropriate notification 

of the availability of that discussion; 

 (IV) Prior to the issuance of notice respecting the 

redesignation of an area that includes any federal lands, the 

commission has provided written notice to the appropriate FLM and 

afforded adequate opportunity (not in excess of sixty (60) days) to 

confer with the commission respecting the redesignation and to submit 

written comments and recommendations. In redesignating any area, with 

respect to which any FLM had submitted written comments and 

recommendations, the commission shall have published a list of any 

inconsistencies between the redesignation and comments and 

recommendations (together with the reasons for making redesignation 

against the recommendation of the FLM); and 

 (V) The commission has proposed the redesignation after 

consultation with the elected leadership of local and other substate 

general purpose governments in the area covered by the proposed 

redesignation. 

 
10 CSR 10-6.060 

40 

 C. Any area other than an area to which paragraph (12)(I)1. of 

this rule refers may be redesignated Class III if— 

 (I) The redesignation would meet the requirements of provisions 

established in accordance with subparagraph (12)(I)2.B. of this rule; 

 (II) The redesignation has been approved by the commission and 

the governor; 

 (III) The redesignation has been approved by the governor after 

consultation with the appropriate committees of the legislature if it 

is in session; or with the leadership of the legislature if it is not 

in session; 

 (IV) General purpose units of local government, representing a 

majority of the residents of the area to be redesignated, adopt 

resolutions concurring in the redesignation; 

 (V) The redesignation would not cause or contribute to a 

concentration of any air pollutant which would exceed any maximum 

allowable increase permitted under the classification of any other 

area or any national ambient air quality standard; and 

 (VI) Any permit application for any installation or major 

modification subject to provisions established in accordance with 

subparagraph (12)(I)2.A. of this rule which could receive a permit 

only if the area in question were redesignated as Class III and any 

material submitted as part of that application were available, 

insofar as was practicable, for public inspection prior to any public 

hearing on redesignation of any area as Class III. 

 3. Area class designations. 

Area Class Description

Class I Hercules Glade National Wilderness 

Area Mingo National Wilderness Area 

Class II All areas of the state which are not 

nonattainment 

Class III No areas designated 

 
10 CSR 10-6.060 

41 

(J) Appendix J, Air Quality Analysis for Hazardous Air Pollutants. 

 1. The director shall maintain a table of emission threshold 

levels, risk assessment levels, and screening model action levels for 

hazardous air pollutants. Applicants will not be required to submit a 

hazardous air pollutant air quality analysis for applications having 

a maximum design capacity no more than the hazardous air pollutant 

emission threshold levels unless paragraph (12)(J)2. of this rule 

applies. 

 2. Exceptions. The director may require an air quality analysis 

for applications if it is likely that the construction or 

modification will result in the discharge of air contaminants in 

quantities, of characteristics, and of a duration which directly and 

proximately cause or contribute to injury to human, plant, or animal 

life or the use of property or complaints filed in the vicinity of 

the proposed construction or modification warrant an air quality 

analysis. 
10 CSR 10-6.065 Operating Permits 

(1) Applicability. 

(A) Part 70, Intermediate and Basic State Installations. This rule 

shall apply to existing, modified, reconstructed and new 

installations, whether part 70 intermediate or basic state throughout 

Missouri. 

(B) Incinerators. This rule shall apply to all incinerators. 

(C) Exempt Installations and Emission Units. The following 

installations and emission units are exempt from the requirements of 

this rule unless such units are part 70 or intermediate installations 

or are located at part 70 or intermediate installations. Emissions 

from exempt installations and emission units shall be considered when 

determining if the installation is a part 70 or intermediate 

installation: 

 1. Any installation that would be required to obtain a permit 

solely because it is subject to 10 CSR 10-6.070(7)(AAA) Standards of 

Performance for New Residential Wood Heaters; 

 2. Any installation that would be required to obtain a permit 

solely because it is subject to 10 CSR 10-6.240 or 

10 CSR 10-6.250; 

 3. Single or multiple family dwelling units for not more than 

three (3) families; 

 4. Comfort air conditioning or comfort ventilating systems not 

designed or used to remove air contaminants generated by, or released 

from, specific units of equipment; 

 5. Equipment used for any mode of transportation; 

 6. Livestock markets and livestock operations, including animal 

feeding operations and concentrated animal feeding operations as 

those terms are defined by 40 CFR 122.23 and all manure storage and 

application systems associated with livestock markets or livestock 

operations; 

 7. Restaurants and other retail establishments for the purpose 

of preparing food for employee and guest consumption; 

 8. Fugitive dust controls unless a control efficiency can be 

assigned to the equipment or control equipment; 
10 CSR 10-6.065 Operating Permits 

(1) Applicability. 

(A) Part 70, Intermediate and Basic State Installations. This rule 

shall apply to existing, modified, reconstructed and new 

installations, whether part 70 intermediate or basic state throughout 

Missouri. 

(B) Incinerators. This rule shall apply to all incinerators. 

(C) Exempt Installations and Emission Units. The following 

installations and emission units are exempt from the requirements of 

this rule unless such units are part 70 or intermediate installations 

or are located at part 70 or intermediate installations. Emissions 

from exempt installations and emission units shall be considered when 

determining if the installation is a part 70 or intermediate 

installation: 

 1. Any installation that would be required to obtain a permit 

solely because it is subject to 10 CSR 10-6.070(7)(AAA) Standards of 

Performance for New Residential Wood Heaters; 

 2. Any installation that would be required to obtain a permit 

solely because it is subject to 10 CSR 10-6.240 or 

10 CSR 10-6.250; 

 3. Single or multiple family dwelling units for not more than 

three (3) families; 

 4. Comfort air conditioning or comfort ventilating systems not 

designed or used to remove air contaminants generated by, or released 

from, specific units of equipment; 

 5. Equipment used for any mode of transportation; 

 6. Livestock markets and livestock operations, including animal 

feeding operations and concentrated animal feeding operations as 

those terms are defined by 40 CFR 122.23 and all manure storage and 

application systems associated with livestock markets or livestock 

operations; 

 7. Restaurants and other retail establishments for the purpose 

of preparing food for employee and guest consumption; 

 8. Fugitive dust controls unless a control efficiency can be 

assigned to the equipment or control equipment; 
10 CSR 10-6.065 Operating Permits

2 

 9. Equipment or control equipment which eliminates all emissions 

to the ambient air; 

 10. Equipment, including air pollution control equipment, but not 

including an anaerobic lagoon, that emits odors but no regulated air 

pollutants; 

 11. Residential wood heaters, cookstoves, or fireplaces; 

 12. Laboratory equipment used exclusively for chemical and 

physical analysis or experimentation is exempt, except equipment used 

for controlling radioactive air contaminants; 

 13. Recreational fireplaces; 

 14. Stacks or vents to prevent the escape of sewer gases through 

plumbing traps for systems handling domestic sewage only. Systems 

which include any industrial waste do not qualify for this exemption; 

 15. Combustion equipment that— 

 A. Emits only combustion products; 

 B. Produces less than one hundred fifty (150) pounds per day 

of any air contaminant; and 

 C. Has a maximum rated capacity of— 

 (I) Less than ten (10) million British thermal units (Btus) 

per hour heat input by using exclusively natural or liquefied 

petroleum gas, or any combination of these; or 

 (II) Less than one (1) million Btus per hour heat input; 

 16. Office and commercial buildings, where emissions result 

solely from space heaters using natural gas or liquefied petroleum 

gas with a maximum rated capacity of less than twenty (20) million 

Btus per hour heat input. Incinerators operated in conjunction with 

these sources are not exempt; 

 17. Any country grain elevator that never handles more than 

1,238,657 bushels of grain during any twelve (12)-month period and is 

not located within an incorporated area with a population of fifty 

thousand (50,000) or more. A country grain elevator is defined as a 

grain elevator that receives more than fifty percent (50%) of its 

grain from producers in the immediate vicinity during the harvest 

season. This exemption does not include grain terminals which are 
10 CSR 10-6.065 Operating Permits 

3 

defined as grain elevators that receive grain primarily from other 

grain elevators. To qualify for this exemption, the owner or operator 

of the facility shall retain monthly records of grain origin and 

bushels of grain received, processed and stored for a minimum of five 

(5) years to verify the exemption requirements. Monthly records must 

be tabulated within seven (7) days of the end of the month. Tabulated 

monthly records shall be made available immediately to Missouri 

Department of Natural Resources’ representatives for an announced 

inspection or within three (3) hours for an unannounced visit; 

 18. Sand and gravel operations that have a maximum capacity to 

produce less than seventeen and one-half (17.5) tons of product per 

hour and use only natural gas as fuel when drying; 

 19. Noncommercial incineration of dead animals, the on-site 

incineration of resident animals for which no consideration is 

received or commercial profit is realized, as authorized in section 

269.020.6, RSMo 2000; and 

 20. Any asphaltic concrete plant, concrete batching plant, or 

rock crushing plant that can be classified as a portable equipment 

installation, as defined in 10 CSR 10-6.020. 

(DC) Prohibitions. 

 1. After the effective date of this rule, no person shall 

operate a part 70 installation, intermediate installation, or basic 

state installation except in compliance with an operating permit 

issued by the permitting authority in accordance with this rule. 

 2. Except as specified in this rule or in the operating permit, 

it is not a violation of this rule for a permitted installation to be 

operated in ways that are not addressed in, constrained by, or 

prohibited by the operating permit. 

(2) Definitions. 

 (A) Air Pollutant—Agent, or combination of agents, including any 

physical, chemical, biological, radioactive (including source 

material, special nuclear material and byproduct material) substance 

or matter which is emitted into or otherwise enters the ambient air. 

Such term includes any precursors to the formation of any air 

pollutant, to the extent the staff director has identified such 

precursor(s) for the particular purpose for which the term “air 

pollutant” is used. 
10 CSR 10-6.065 Operating Permits

4 

 (B) Basic state installations—Installations which meet any of the 

following criteria, but are not part 70 installations: 

 1. Emit or have the potential to emit any air pollutant in an 

amount greater than the de minimis levels. The fugitive emissions of 

an installation shall not be considered unless the installation 

belongs to one of the source categories listed in to 10 CSR 10-

6.020(3)(B), Table 2; or 

 2. Either of the following criteria, provided the U.S. EPA 

administrator has deferred a decision on whether the installation 

would be subject to part 70: 

 A. Are subject to a standard, limitation or other requirement 

under section 111 of the Act, including area sources subject to a 

standard, limitation or other requirement under section 111 of the 

Act; or 

 B. Are subject to a standard or other requirement under section 

112 of the Act, except that a source is not required to obtain a 

permit solely because it is subject to rules or requirements under 

section 112(r) of the Act, including area sources subject to a 

standard or other requirement under section 112 of the Act, except 

that an area source is not required to obtain a permit solely because 

it is subject to regulations or requirements under section 112(r) of 

the Act. 

(C) Intermediate installations are part 70 installations that become 

basic state installations based on their potential to emit by 

accepting the imposition of voluntarily agreed to federallyenforceable limitations on the type of materials combusted or 

processed, operating rates, hours of operation, or emission rates 

more stringent than those otherwise required by rule or regulation. 

(D) Part 70 installations—Installations to which the part 70 

operating permit requirements of this rule apply, in accordance with 

the following criteria: 

 1. They emit or have the potential to emit, in the aggregate, 

ten (10) tons per year (tpy) or more of any hazardous air pollutant, 

other than radionuclides, or twenty-five (25) tpy or more of any 

combination of these hazardous air pollutants or such lesser quantity 

as the administrator may establish by rule. Notwithstanding the 

preceding sentence, emissions from any oil or gas exploration or 

production well (with its associated equipment) and emissions from 

any pipeline compressor or pump station shall not be aggregated with 

emissions from other similar units, whether or not these units are in 
10 CSR 10-6.065 Operating Permits 

5 

a contiguous area or under common control, to determine whether these 

units or stations are subject installations. For sources of 

radionuclides, the criteria shall be established by the 

administrator; 

 2. They emit or have the potential to emit one hundred (100) tpy 

or more of any air pollutant, including all fugitive air pollutants. 

The fugitive emissions of an installation shall not be considered 

unless the installation belongs to one of the source categories 

listed in 10 CSR 10-6.020(3)(B), Table 2; 

 3. They are located in nonattainment areas or ozone transport 

regions. 

 A. For ozone nonattainment areas, sources with the potential to 

emit one hundred (100) tpy or more of volatile organic compounds or 

oxides of nitrogen in areas classified as “marginal” or “moderate,” 

fifty (50) tpy or more in areas classified as “serious,” twenty-five 

(25) tpy or more in areas classified as “severe,” and ten (10) tpy or 

more in areas classified as “extreme”; except that the references in 

this paragraph to one hundred (100), fifty (50), twenty-five (25) and 

ten (10) tpy of nitrogen oxides shall not apply with respect to any 

source for which the administrator has made a finding, under section 

182(f)(1) or (2) of the Act, that requirements under section 182(f) 

of the Act do not apply; 

 B. For ozone transport regions established pursuant to section 

184 of the Act, sources with the potential to emit fifty (50) tpy or 

more of volatile organic compounds; 

 C. For carbon monoxide nonattainment areas that are classified 

as “serious,” and in which stationary sources contribute 

significantly to carbon monoxide levels as determined under rules 

issued by the administrator, sources with the potential to emit fifty 

(50) tpy or more of carbon monoxide; and 

 D. For particulate matter less than ten (10) micrometers (PM10) 

nonattainment areas classified as “serious,” sources with the 

potential to emit seventy (70) tpy or more of PM10; 

 4. They are affected sources under Title IV of the 1990 Act; 

 5. They are solid waste incinerators subject to section 129(e) 

of the Act; 

 6. Any installation in a source category designated by the 

administrator as a part 70 source pursuant to 40 CFR 70.3; and 
10 CSR 10-6.065 Operating Permits

6 

 7. Installations that would be part 70 sources strictly due to 

the following criteria are not subject to part 70 source requirements 

until the administrator subjects this installation to these 

requirements by rule: 

 A. They are subject to a standard, limitation or other 

requirement under section 111 of the Act, including area sources; or 

 B. They are subject to a standard or other requirement under 

section 112 of the Act, except that a source, including an area 

source, is not required to obtain a permit solely because it is 

subject to rules or requirements under section 112(r) of the Act. 

(E) Definitions of certain terms specified in this rule, other than 

those defined in this rule section, may be found in 10 CSR 10-6.020. 

(3) Single, Multiple or General Permits. 

(A) Pursuant to this section, an installation must have a permit (or 

group of permits) addressing all applicable requirements for all 

emissions units in the installation. An installation may comply with 

this subsection through any one (1) of the following methods: 

 1. The installation may apply for a single permit covering all 

emissions units located within a contiguous area under common control 

(whether or not the installation falls under the same two (2)-digit 

Standard Industrial Code (SIC)); 

 2. The installation may apply for separate permits for separate 

emissions units or groups of emissions units; or 

 3. The installation may apply for coverage for one (1) or more 

emissions units eligible for permitting under a general permit issued 

by the permitting authority, and obtain a separate permit(s) for 

emissions units not eligible for general permit coverage. 

 4. When determining operating permit classification (part 70, 

intermediate or basic state), the installation shall calculate the 

potential to emit for the entire installation and all multiple 

permits shall be subject to the same operating permit classification. 

 5. Notwithstanding, if the installation is a basic installation 

and is subject to 40 CFR part 63, subpart EEE, National Emission 

Standard for Hazardous Air Pollutants from Hazardous Waste 

Combustors, the installation has the option of obtaining a part 70 

permit for the entire installation or a part 70 permit for the 
10 CSR 10-6.065 Operating Permits 

7 

emission unit subject to the maximum achievable control technology 

(MACT) and a basic for the rest of the installation. However, the 

part 70 permit for the affected emission unit must incorporate all 

applicable requirements that apply to hazardous waste combustion 

devices, not just those in 40 CFR part 63, subpart EEE. 

(4) Basic State Operating Permits. (This section is not SIP approved 

and it is not approved under Title V.) 

(5) Intermediate State Operating Permits. 

(A) Applicability. All intermediate installations are subject to the 

requirements of this section. 

(B) Permit Notification/Applications. 

 1. Timely notification/applications. 

 A. All notifications/applications will be submitted in 

duplicate. Intermediate installations shall file initial 

notifications/applications on the following schedule: 

 (I) Initial notification. All installations shall file 

complete notifications by July 1996, with one (1) exception allowed 

as follows: Intermediate installations that have actual emissions (as 

defined in 10 CSR 10-6.020(2)(A)4.) less than fifty percent (50%) of 

the part 70 installation threshold levels (refer to the definition 

section of this rule for part 70 installation threshold levels) shall 

file complete notifications by May 1997; 

 (II) Subsequent application. 

 (a) Any installation that becomes subject to this section 

at any time between July 1996 and March 2005, shall file a complete 

application no later than thirty (30) days after the commencement of 

operations. 

 (b) Any installation that becomes subject to this section 

at any time following March 2005, shall file a complete application 

no later ninety (90) days after the commencement of operations. 

 (c) If an installation already has an issued part 70 

operating permit, the installation is subject to the requirements of 

the part 70 operating permit and intermediate application until the 

intermediate permit is issued and the part 70 operating permit is 

terminated; 
10 CSR 10-6.065 Operating Permits

8 

 (III) Renewal application. Installations subject to this 

section shall file complete applications for renewal of the operating 

permits at least six (6) months before the date of permit expiration. 

In no event shall this time be greater than eighteen (18) months; 

 (IV) Unified review. An installation subject to this section 

required to have a construction permit under 10 CSR 10-6.060 may 

submit a complete application for an operating permit or permit 

modification for concurrent processing as a unified review. An 

operating permit submitted for concurrent processing shall be 

submitted with the applicant’s construction permit application, or at 

a later time as the permitting authority may allow, provided that the 

total review period does not extend beyond eighteen (18) months. An 

installation that is required to obtain a construction permit under 

10 CSR 10-6.060 and that, in writing, has not chosen to undergo 

unified review, shall file a complete operating permit application, 

permit amendment, or modification application separate from the 

construction permit application within ninety (90) days after 

commencing operation; and

 (V) Application/notification expirations. Starting March 30, 

2005— 

 (a) Installations that have an active initial or renewal 

application with a receipt stamp shall:—

 I. Be deemed to have submitted the initial or 

renewal application; and 

 II. Submit a renewal application, as identified in 

paragraph (5)(B)3. of this rule, six to eighteen (6–18) months prior 

to the expiration date of the permit issued according to subsection 

(5)(E) of this rule.; 

 b) Installations that have an accepted notification 

shall submit a renewal application as identified in paragraph 

(5)(B)3. of this rule, six to eighteen (6–18) months prior to the 

expiration date.; and

 (c) Installations that have an initial or renewal 

notification—accepted or with a receipt stamp, but that is expired—

shall still submit a renewal application as identified in paragraph 

(5)(B)3. of this rule.; and

 (VI) Notwithstanding the deadlines established in this 

subsection, a complete initial notification/application filed at any 

time shall be accepted for processing. 
10 CSR 10-6.065 Operating Permits 

9 

 B. Complete application. 

 (I) The permitting authority shall review each application 

for completeness and shall inform the applicant within sixty (60) 

days if the application is not complete. In order to be complete, an 

application must include a completed application form and, to the 

extent not called for by the form, the information required in 

paragraph (5)(B)3. of this rule. 

 (II) If the permitting authority does not notify the 

installation within sixty (60) days after receipt that its 

application is not complete, the application shall be deemed 

complete. However, nothing in this subsection shall prevent the 

permitting authority from requesting additional information that is 

reasonably necessary to process the application. 

 (III) The permitting authority shall maintain a checklist to 

be used for the completeness determination. A copy of the checklist 

identifying the application’s deficiencies shall be provided to the 

applicant along with the notice of incompleteness. 

 (IV) If, while processing an application that has been 

determined or deemed to be complete, the permitting authority 

determines that additional information is necessary to evaluate or 

take final action on that application, the permitting authority may 

request this additional information be in writing. In requesting this 

information, the permitting authority shall establish a reasonable 

deadline for a response. 

 (V) In submitting an application for renewal of an operating 

permit, the applicant may identify terms and conditions in the 

previous permit that should remain unchanged, and may incorporate by 

reference those portions of the existing permit (and the permit 

application and any permit amendment or modification applications) 

that describe products, processes, operations, and emissions to which 

those terms and conditions apply. The applicant must identify 

specifically and list which portions of the previous permit or 

applications, or both, are incorporated by reference. In addition, a 

permit renewal application must contain— 

 (a) Information specified in paragraph (5)(B)3. of this 

rule for those products, processes, operations, and emissions— 

 I. That are not addressed in the existing permit; 
10 CSR 10-6.065 Operating Permits

10 

 II. That are subject to applicable requirements which 

are not addressed in the existing permit; or 

 III. For which the applicant seeks permit terms and 

conditions that differ from those in the existing permit; and 

 (b) A compliance plan and certification as required in 

parts (6)(B)3.I.(I)–(IV) and subparagraph (6)(B) 3.J. of this rule. 

 C. Confidential information. An applicant may make claims of 

confidentiality pursuant to 10 CSR 10-6.210, for information 

submitted pursuant to this section. The applicant shall also submit a 

copy of this information directly to the administrator, if the 

permitting authority requests that the applicant do so. 

 D. Filing fee. Each operating permit application must be 

accompanied by a one hundred dollar ($100) filing fee, except for 

administrative permit amendments. Effective January 1, 2017, the 

filing fee is determined using a tiered system based on the 

complexity of the permit. The total filing fee is the base fee added 

to the sum of all applicable complexity fee items the facility is 

subject to at the time the permit application is submitted. This 

tiered system for calculating the operating permit filing fee applies 

to initial and renewal applications for permits. To calculate the 

application filing fee, use the following formula: 

Total filing fee = (base fee) + (total additional complexity fee) 

Where: 

Total filing fee = amount due upon filing of operating permit 

application, not to exceed six thousand dollars ($6,000) (regardless 

of calculated amount) 

Base fee = determine using Table 1 

Total additional complexity fee = determine using Table 2 

Table 1: Base fee 

Number of Emission Units Base Fee

0 to 30 $ 750

31 to 60 $1,000

61 to 90 $1,250

Over 91 $1,500

 
10 CSR 10-6.065 Operating Permits 

11 

Table 2: Worksheet for installation additional complexity fee 

calculations 

Complexity 

Category 

Calculation

Number per 

installation x Fee = 

Additional 

complexity fee 

subtotal 

New Source 

Performance 

Standard (NSPS) 

_________ x $1,000 = _________ 

Maximum 

Achievable 

Control 

Technology 

(MACT) 

_________ x $1,500 = _________ 

National 

Emissions 

Standards for 

Hazardous Air 

Pollutants 

(NESHAP) 

_________ x $1,500 = _________ 

Compliance 

Assurance 

Monitoring 

(CAM) 

_________ x $1,000 = _________ 

Confidentiality 

Request _________ x $500 = _________ 

Acid Rain _________ x $500 = _________ 

Total additional complexity fee $ 

 2. Duty to supplement or correct application. Any applicant who 

fails to submit any relevant facts, or who has submitted incorrect 

information in a permit application, upon becoming aware of this 

failure or incorrect submittal, shall promptly submit supplementary 

facts or corrected information. In addition, an applicant shall 

provide additional information, as necessary, to address any 

requirements that become applicable to the installation after the 

date an application is deemed complete, but prior to issuance or 

validation of the permit, whichever is later. 

 3. Standard application form and required information. The 

permitting authority shall prepare and make available to all 

intermediate installations subject to this section an operating 

permit application form(s). The operating permit application form(s) 
10 CSR 10-6.065 Operating Permits

12 

shall require a general description of the installation and the 

installation’s processes and products, emissions-related information, 

and all applicable emission limitations and control requirements for 

each emissions unit at the installation to be permitted. The 

notification also shall require a statement of the installation’s 

compliance status with respect to these requirements and a commitment 

regarding the installation’s plans to either attain compliance with 

these requirements within the time allowed by law or maintain 

compliance with these requirements during the operating permit 

period. An applicant shall submit an application package consisting 

of the standard application form, emission inventory questionnaire, 

compliance plan, and compliance certification as identified in 

subparagraphs (6)(B)3.A.–H., parts (6)(B)3.I.(I)–(IV) and 

subparagraph (6)(B)3.J. of this rule. 

4. Certification by responsible official. Any application form, 

report or compliance certification submitted pursuant to this rule 

shall contain certification by a responsible official of truth, 

accuracy, and completeness. This certification, and any other 

certification, shall be signed by a responsible official and shall 

contain the following language.: “I certify, based on information 

and belief formed after reasonable inquiry, the statements and 

information in the document are true, accurate, and complete.” 

 5. Single, multiple, or general permits. Pursuant to section (5) 

of this rule, an installation must have a permit (or group of 

permits) addressing all applicable requirements for all emission 

units in the installation. An installation may comply with this 

subsection through any one (1) of the methods identified in 

paragraphs (3)(A)1.–4. of this rule. 

(C) Permit Content. 

 1. Standard permit requirements. Every operating permit issued 

pursuant to this section shall contain all requirements applicable to 

the installation at the time of issuance, as identified in parts 

(6)(C)1.A.(I) and (III), subparagraphs (6)(C)1.B. and D., part 

(6)(C)1.C.(I), subpart (6)(C)1.C.(II)(a), item (6)(C)1.C.(II)(b)I., 

subparts (6)(C)1.C.(III)(d) and (e), subparagraphs (6)(C)3.A. through 

D., and paragraphs (6)(C)5. and 7. of this rule. 

 A. General requirements. 

 (I) The permittee must comply with all the terms and 

conditions of the permit. Any noncompliance with a permit condition 

constitutes a violation and is grounds for enforcement action, permit 

termination, permit revocation and reissuance, permit modification or 
10 CSR 10-6.065 Operating Permits 

13 

denial of a permit renewal application. Note: The grounds for 

termination of a permit under this part of the rule are the same as 

the grounds for revocation as stated in part (6)(E)8.A.(I) of this 

rule. 

 (II) It shall not be a defense in an enforcement action that 

it would have been necessary for the permittee to halt or reduce the 

permitted activity in order to maintain compliance with the 

conditions of the permit. 

 (III) The permit may be modified, revoked, reopened, reissued 

or terminated for cause. Except as provided for minor permit 

modifications, the filing of an application or request for a permit 

modification, revocation and reissuance, or termination, or the 

filing of a notification of planned changes or anticipated 

noncompliance, does not stay any permit condition. 

 (IV) The permit does not convey any property rights of any 

sort, or grant any exclusive privilege. 

 (V) The permittee shall furnish to the permitting authority, 

upon receipt of a written request and within a reasonable time, any 

information that the permitting authority reasonably may require to 

determine whether cause exists for modifying, reopening, reissuing or 

revoking the permit or to determine compliance with the permit. Upon 

request, the permittee also shall furnish to the permitting authority 

copies of records required to be kept by the permittee. The permittee 

may make a claim of confidentiality for any information or records 

submitted under this paragraph of this rule. 

 (VI) Failure to comply with the limitations and conditions 

that qualify the installation for an intermediate permit make the 

installation subject to the provisions of section (6) of this rule 

and enforcement action for operating without a valid part 70 

operating permit. 

 B. Reporting requirements. With respect to reporting, the permit 

shall incorporate all applicable reporting requirements and require 

the following: 

 (I) The frequency the permittee shall submit a report of any 

required monitoring. To the extent possible, the schedule for 

submission of these reports shall be timed to coincide with other 

periodic reports required of the permittee; 

 (II) Each report submitted under part (5)(C)1.B.(I) of this 

rule shall identify any deviations from permit requirement, since the 

previous report, that have been monitored by the monitoring systems 
10 CSR 10-6.065 Operating Permits

14 

required under the permit, and any deviations from the monitoring, 

record keeping and reporting requirements of the permit; 

 (III) In addition to annual monitoring reports, each 

permittee shall be required to submit supplemental reports as 

indicated in subpart (6)(C)1.C.(III)(c) of this rule. All reports of 

deviations shall identify the cause or probable cause of the 

deviations and any corrective actions or preventative measures taken 

and follow the procedures identified in subpart (6)(C)1.C.(III)(c) of 

this rule. 

 C. Reasonably anticipated operating scenarios. The permit shall 

include terms and conditions for reasonably anticipated operating 

scenarios identified by the applicant and approved by the permitting 

authority. The permit shall authorize the permittee to make changes 

among alternative operating scenarios authorized in the permit 

without notice, but shall require the permittee, contemporaneous with 

changing from one (1) operating scenario to another, to record in a 

log at the permitted installation the scenario under which it is 

operating. 

 2. Federally-enforceable conditions. Any voluntary provisions 

issued under this section of the rule, designed to limit an 

installation’s potential to emit, shall be designated federallyenforceable by the permitting authority. Any terms and conditions so 

designated are required to— 

 A. Be at least as stringent as any other applicable limitations 

and requirements contained in the implementation plan or enforceable 

under the implementation plan. The permitting authority may not 

waive or make less stringent any limitations or requirements 

contained in the implementation plan, or that are otherwise 

federally-enforceable (for example, standards established under 

sections 111 or 112 of the Act) in the operating permit; 

 B. Be permanent, quantifiable and otherwise enforceable as a 

practical matter; and 

 C. Follow the public participation procedures of section (7) of 

this rule. 

 3. Compliance certification. The permit must include 

requirements for certification of compliance with terms and 

conditions contained in the permit that are federally enforceable, 

including emissions limitations, standards or work practices. The 

permit shall specify the information identified in subparts 

(6)(C)3.E.(I)–(III) and (V)–(VI) of this rule. 
10 CSR 10-6.065 Operating Permits 

15 

 4. General permits. Installations may apply to operate under 

any general permit. 

 A. Issuance of general permits. General permits covering 

similar installations may be issued by the permitting authority after 

notice and opportunity for public participation under section (7). 

The general permit shall indicate a reasonable time after which an 

installation that has submitted an application for authorization will 

be deemed to be authorized to operate under the general permit. A 

general permit shall identify criteria by which installations may be 

authorized to operate under the general permit. This criteria must 

include the following: 

 (I) Categories of sources covered by the general permit must 

be homogeneous in terms of operations, processes and emissions; 

 (II) Sources may not be subject to case-by-case standards or 

requirements; and 

 (III) Sources must be subject to substantially similar 

requirements governing operations, emissions, monitoring, reporting 

and record keeping. 

 B. Applications. The permitting authority shall provide 

application forms for coverage under a general permit. General permit 

applications may deviate from individual permit applications but 

shall include all information necessary to determine qualification 

for, and to assure compliance with, the general permit. The 

permitting authority shall authorize coverage by the conditions and 

terms of a general permit to all installations that apply for and 

qualify under the specified general permit criteria. Installations 

applying for coverage under a general permit must comply with all the 

requirements of this rule, except public participation requirements. 

 C. Public participation. Although public participation under 

section (7) of this rule is necessary for the issuance of a general 

permit, the permitting authority may authorize an installation to 

operate under general permit terms and conditions without repeating 

the public participation procedures. 

 D. Enforcement. The source shall be subject to enforcement 

actions for operating without an operating permit if it is determined 

later that the source does not qualify for the conditions and terms 

of the general permit. 
10 CSR 10-6.065 Operating Permits

16 

 5. Off-permit changes. Except as provided in subparagraph 

(5)(C)5.A. of this rule, an intermediate permitted installation may 

make any change in its permitted installation’s operations, 

activities or emissions that is not addressed in, constrained by or 

prohibited by the permit without obtaining a permit revision. Offpermit changes shall be subject to the following requirements and 

restrictions: 

 A. Compliance with applicable requirements. The change must 

meet all applicable requirements of the Act and may not violate any 

existing permit term or condition; no permittee may change a 

permitted installation without a permit revision, even if the change 

is not addressed in or constrained by, the permit, if this change is 

a Title I modification. Please Note: Changes at the installation 

which affect the emission limitation(s) classifying the installation 

as an intermediate source (add additional equipment to the record 

keeping requirements, increase the emissions above major source 

level) do not qualify for off-permit changes.;

 B. Contemporaneous notice. The permittee must provide 

contemporaneous written notice of the change to the permitting 

authority and to the administrator. This written notice shall 

describe each change, including the date, any change in emissions, 

pollutants emitted and any applicable requirement that would apply as 

a result of the change; and 

 C. Record of changes. The permittee shall keep a record 

describing all changes made at the installation that result in 

emissions of a regulated air pollutant subject to an applicable 

requirement and the emissions resulting from these changes. 

 6. Federal enforceability. Any terms of an issued operating 

permit which are based on applicable requirements contained in the 

federally-approved State Implementation Plan (SIP) or any other 

applicable federal requirements are federally enforceable. 

(D) Unified Review. The installation shall submit the operating 

permit application and unified review shall follow the procedures 

identified in subsection (6)(D) of this rule. 

(E) Permit Issuance, Renewal, Reopenings and Revisions. The complete 

intermediate operating permit, permit modification or permit renewal 

applications and permits shall be subject to the criteria identified 

in paragraphs (6)(E)4. and 8.–11. of this rule. 

 1. Action on application. 
10 CSR 10-6.065 Operating Permits 

17 

 A. The intermediate operating permit, permit modification or 

permit renewal applications shall follow the procedures identified in 

subparagraphs (6)(E)1.A.–C. and G. of this rule. 

 B. Except as provided in this subsection of the rule, the 

permitting authority shall take final action on each application for 

an intermediate operating permit within eighteen (18) months after 

receiving a complete application. Final action on each application 

for a significant permit modification or permit renewal shall be 

taken within six (6) months after receipt of a complete application. 

For renewals, the installation shall remain subject to the conditions 

of the current permit until the renewal permit is issued. New sources 

are subject to section (6) of this rule until an intermediate permit 

is issued, even if the permitting authority does not act within the 

time frames specified in this rule. For each application the 

permitting authority shall submit a draft permit for public 

participation under section (7) of this rule no later than thirty 

(30) days before the deadline for final action established in this 

section. 

 C. Following the end of the public comment period, the 

permitting authority shall issue or deny the permit, permit 

modification or permit renewal. 

 2. Permit renewal and expiration. 

 A. Renewal application requirements. Applications for permit 

renewals shall be subject to the same procedural requirements, 

including public participation and affected state comment, that apply 

to initial permit issuance. The permitting authority, in issuing a 

permit or renewal permit, may identify those portions that are 

proposed to be revised, supplemented or deleted. 

 B. Timely application. An installation’s right to operate shall 

terminate upon the expiration of the permit, unless a complete permit 

renewal application is submitted at least six (6) months before the 

date of expiration, or unless the permitting authority takes final 

action approving an application for a permit renewal by the 

expiration date. 

 C. Extension of expired permits. If a timely and complete 

application for a permit renewal is submitted, but the permitting 

authority fails to take final action to issue or deny the renewal 

permit before the end of the term of the previous permit, the 

previous permit shall not expire until the renewal permit is issued 

or denied. 
10 CSR 10-6.065 Operating Permits

18 

 3. Operating permit amendments/modifications. 

 A. Administrative permit amendments are defined and shall follow 

the procedures identified in subparagraphs (6)(E)4.A. and C. of this 

rule. 

 B. Permit modifications are defined as any revision to an 

intermediate operating permit which is not an administrative permit 

amendment under subparagraph (5)(E)2.A. of this rule. An applicant 

for a permit modification shall adhere to all the relevant 

requirements for an initial permit application under section (5) of 

this rule, as well as requirements for public participation under 

section (7) of this rule, except— 

 (I) The applicant should use the form for a permit 

modification application, rather than the form for an initial permit 

issuance; and 

 (II) The permitting authority will complete review of the 

permit modification applications within nine (9) months after receipt 

of a complete application. 

 4. Reopening permits for cause. 

 A. Cause to reopen. An intermediate operating permit shall 

be reopened for cause if: 

 (I) The permitting authority determines that the permit 

contains a material mistake or that inaccurate statements were made 

in establishing the emissions limitations standards or other terms of 

the permit; 

 (II) Additional applicable requirements under the Act become 

applicable to the installation; however, reopening on this ground is 

not required as identified in subparts (6)(E)6.A.(III)(a)–(c) of this 

rule; or 

 (III) The permitting authority or the administrator 

determines that the permit must be reopened and revised to assure 

compliance with applicable requirements. 

 B. The notices, procedures for issuance and deadlines will 

follow the criteria in subparagraphs (6)(E)6.B.–D. and F. of this 

rule. 

 (F) Permit Review by the Administrator and Affected States. 
10 CSR 10-6.065 Operating Permits 

19 

 1. Notice of draft actions. The permitting authority will give 

notice of each draft permit, modified permit and renewed permit to 

the administrator and any affected state on, or before, the time that 

the permitting authority provides notice to the public, except in the 

case of minor permit modifications. The administrator and affected 

states may comment on the draft permit action during the period 

allowed for public comment, as shall be set forth in a notice to the 

administrator and affected states. 

 2. Written response to comments. The permitting authority will 

provide a written response to the public comments received from the 

administrator and affected states to the installation and all other 

parties which submitted comments during the public comment period as 

described in section (7) of this rule prior to issuing the operating 

permit. 

(6) Part 70 Operating Permits. 

(A) Applicability. All part 70 installations are subject to this 

section. 

(B) Permit Applications. 

 1. Duty to apply. 

 A. Timely application. 

 (I) Part 70 installations shall file initial applications on 

the following schedule: 

 (a) The permit registry. 

 I. The permitting authority shall create and maintain 

a permit issuance registry that part 70 installations may apply in 

writing to be placed on. The request must identify a specific year of 

initial issuance. The registry will identify by year when the 

permitting authority expects to issue the operating permit. 

 II. The registry will be opened for three (3) months 

after the effective date of this rule. The registry will be filled on 

a first-come, first-served basis, judged by the stamped “Received” 

date by the permitting authority. 

 
10 CSR 10-6.065 Operating Permits

20 

 III. The permitting authority will assign 

installations that do not make a specific request to the registry at 

the permitting authority’s discretion as necessary to meet a onethird (1/3) per year for three (3) years permit issuance schedule 

following the administrator’s approval of the operating permit 

program. 

 IV. The permitting authority may exercise discretion 

in reassigning applicants on the registry by accepting applicants 

after the close of the registry, and taking into consideration staff 

resources, complexity of applicant’s operations, distribution of 

multiple installations under common control, and amount and nature of 

the air contaminants; and 

 (b) Initial application submittal schedule. 

 I. Installations scheduled to receive their operating 

permit within the first year of the registry shall file complete 

applications by July 1996. 

 II. All other installations shall file complete 

applications by May 1996. 

 (II) Any installation that becomes subject to this section 

after May 9, 1994, shall file a complete application no later than 

twelve (12) months following either the administrator’s approval of 

the operating permit program or the commencement of operations, 

whichever is later. 

 (III) A complete initial application filed at any time shall 

be accepted for processing. However, acceptance of an application 

does not relieve the applicant of his/her liability for submitting an 

untimely application. 

 (IV) An installation subject to this section required to meet 

section 112(g) of the Act, or to have a construction permit under 10 

CSR 10-6.060 may submit a complete application for an operating 

permit or permit modification for concurrent processing as a unified 

review. An operating permit application submitted for concurrent 

processing shall be submitted with the applicant’s construction 

permit application, or at a later time as the permitting authority 

may allow, provided that the total review period does not extend 

beyond eighteen (18) months. An installation that is required to 

obtain a construction permit under 10 CSR 10-6.060 and who, in 

writing, has not chosen to undergo unified review, shall file a 

complete operating permit application, permit amendment, or 
10 CSR 10-6.065 Operating Permits 

21 

modification application separate from the construction permit 

application within twelve (12) months after commencing operation. 

 (V) Installations subject to this section shall file complete 

applications for renewal of the operating permits at least six (6) 

months before the date of permit expiration. In no event shall this 

time be greater than eighteen (18) months. 

 (VI) Installations subject to this section required to submit 

applications for initial phase II acid rain permits shall submit 

complete applications to the permitting authority by January 1, 1996, 

for sulfur dioxide, and by January 1, 1998 for nitrogen oxides. 

 B. Complete application. 

 (I) The permitting authority shall review each application 

for completeness and shall inform the applicant within sixty (60) 

days if the application is not complete. In order to be complete, an 

application must include a completed application form and, to the 

extent not called for by the form, the information required in 

paragraph (6)(B)3. of this rule. 

 (II) If the permitting authority does not notify the 

installation within sixty (60) days after receipt that its 

application is not complete, the application shall be deemed 

complete. However, nothing in this subsection shall prevent the 

permitting authority from requesting additional information that is 

reasonably necessary to process the application. 

 (III) The permitting authority shall maintain a checklist to 

be used for the completeness determination. A copy of the checklist 

identifying the application’s deficiencies shall be provided to the 

applicant along with the notice of incompleteness. 

 (IV) If, while processing an application that has been 

determined or deemed to be complete, the permitting authority 

determines that additional information is necessary to evaluate or 

take final action on that application, the permitting authority may 

request this additional information be in writing. In requesting this 

information, the permitting authority shall establish a reasonable 

deadline for a response. 

 
10 CSR 10-6.065 Operating Permits

22 

 (V) In submitting an application for renewal of an operating 

permit, the applicant may identify terms and conditions in the 

previous permit that should remain unchanged, and may incorporate by 

reference those portions of the existing permit (and the permit 

application and any permit amendment or modification applications) 

that describe products, processes, operations, and emissions to which 

those terms and conditions apply. The applicant must identify 

specifically and list which portions of the previous permit or 

applications, or both, are incorporated by reference. In addition, a 

permit renewal application must contain:— 

 (a) Information specified in paragraph (6)(B)3. of this 

rule for those products, processes, operations, and emissions— 

 I. That are not addressed in the existing permit; 

 II. That are subject to applicable requirements which 

are not addressed in the existing permit; or 

 III. For which the applicant seeks permit terms and 

conditions that differ from those in the existing permit; and 

 (b) A compliance plan and certification as required in 

subparagraphs (6)(B)3.I. and J. of this rule. 

 C. Confidential information. If an applicant submits information 

to the permitting authority under a claim of confidentiality pursuant 

to 10 CSR 10-6.210, the applicant shall also submit a copy of this 

information directly to the administrator, if the permitting 

authority requests that the applicant do so. 

 D. Filing fee. Each application must be accompanied by a one 

hundred dollar ($100) filing fee. Effective January 1, 2017, the 

filing fee is determined using a tiered system based on the 

complexity of the permit. The total filing fee is the base fee added 

to the sum of all applicable complexity fee items the facility is 

subject to at the time the permit application is submitted. This 

tiered system for calculating the operating permit filing fee applies 

to initial and renewal applications for permits. To calculate the 

application filing fee, use the following formula: 

Total filing fee = (base fee) + (total additional complexity fee) 

Where: 

Total filing fee = amount due upon filing of operating permit 

application, not to exceed six thousand dollars ($6,000) (regardless 

of calculated amount). 
10 CSR 10-6.065 Operating Permits 

23 

Base fee = determine using Table 1 

Total additional complexity fee = determine using Table 2 

Table 1: Base fee 

Number of Emission Units Base Fee

0 to 30 $ 750

31 to 60 $1,000

61 to 90 $1,250

Over 91 $1,500

Table 2: Worksheet for installation additional complexity fee 

calculations 

Complexity 

Category 

Calculation

Number per 

installation x Fee = 

Additional 

complexity fee 

subtotal 

New Source 

Performance 

Standard (NSPS) 

_________ x $1,000 = _________ 

Maximum 

Achievable 

Control 

Technology 

(MACT) 

_________ x $1,500 = _________ 

National 

Emissions 

Standards for 

Hazardous Air 

Pollutants 

(NESHAP) 

_________ x $1,500 = _________ 

Compliance 

Assurance 

Monitoring 

(CAM) 

_________ x $1,000 = _________ 

Confidentiality 

Request _________ x $500 = _________ 

Acid Rain _________ x $500 = _________ 

Total additional complexity fee $ 

 2. Duty to supplement or correct application. Any applicant who 

fails to submit any relevant facts, or who has submitted incorrect 

information in a permit application, upon becoming aware of this 

failure or incorrect submittal, shall promptly submit supplementary 
10 CSR 10-6.065 Operating Permits

24 

facts or corrected information. In addition, an applicant shall 

provide additional information, as necessary, to address any 

requirements that become applicable to the installation after the 

date an application is deemed complete, but prior to issuance or 

validation of the permit, whichever is later. 

 3. Standard application form and required information. An 

applicant shall submit an application package consisting of the 

standard application form, emission inventory questionnaire, 

compliance plan, and compliance certification. The application 

package must include all information needed to determine applicable 

requirements. The application must include information needed to 

determine the applicability of any applicable requirement. The 

applicant shall submit the information called for by the application 

form for each emissions unit at the installation to be permitted, 

except for insignificant activities. An activity cannot be listed as 

insignificant if the activity has an applicable requirement. The 

installation shall provide a list of any insignificant activities 

that are exempt because of size or production rate. Any insignificant 

activity required to be listed in the application also must list the 

approximate number of activities included (for example, twenty (20) 

leaky valves) and the estimated quantity of emissions associated. The 

application must include any other information, as requested by the 

permitting authority, to determine the insignificant activities have 

no applicable requirements. Information reported in the permit 

application which does not result in the specification of any permit 

limitation, term, or condition with respect to that information 

(including, but not limited to, information identifying insignificant 

activities), shall not in any way constrain the operations, 

activities, or emissions of a permitted installation, except as 

otherwise provided in this section. The standard application form 

(and any attachments) shall require that the following information be 

provided: 

 A. Identifying information. The applicant’s company name and 

address (or plant name and address if different from the company 

name), the owner’s name and state registered agent, and the telephone 

number and name of the plant site manager or other contact person; 

 B. Processes and products. A description of the installation’s 

processes and products (by two (2)-digit Standard Industrial 

Classification Code (SIC)), including those associated with any 

reasonably anticipated operating scenarios identified by the 

applicant; 

 C. Emissions-related information. The following emissionsrelated information on the emissions inventory forms: 
10 CSR 10-6.065 Operating Permits 

25 

 (I) All emissions of pollutants for which the installation is 

a part 70 source, and all emissions of any other regulated air 

pollutants. The permit application shall describe all emissions of 

regulated air pollutants emitted from each emissions unit, except as 

provided for by section (6) of this rule. The installation shall 

submit additional information related to the emissions of air 

pollutants sufficient to verify which requirements are applicable to 

the installation; 

 (II) Identification and description of all emissions units 

whose emissions are included in part (6)(B)3.C.(I) of this rule, in 

sufficient detail to establish the applicability of any and all 

requirements; 

 (III) Emissions rates in tons per year and in such terms as 

are necessary to establish compliance consistent with the applicable 

standard reference test method, if any; 

 (IV) The following information to the extent needed to 

determine or regulate emissions including: fuels, fuel use, raw 

materials, production rates, and operating schedules; 

 (V) Identification and description of air pollution control 

equipment; 

 (VI) Identification and description of compliance monitoring 

devices or activities; 

 (VII) Limitations on installation operations affecting 

emissions or any work practice standards, where applicable, for all 

regulated pollutants; 

 (VIII) Other information required by any applicable 

requirement (including information related to stack height credit 

limitations developed pursuant to section 123 of the Act); and 

 (IX) Calculations on which the information in parts 

(6)(B)3.C.(I)–(VIII) of this rule is based; 

 D. Air pollution control information. The following air 

pollution control information: 

 (I) Citation and description of all applicable requirements; 

and 
10 CSR 10-6.065 Operating Permits

26 

 (II) Description of, or reference to, any applicable test 

method for determining compliance with each applicable requirement; 

 E. Applicable requirements information. Other specific 

information required under the permitting authority’s regulations to 

implement and enforce other applicable requirements of the Act or of 

these rules, or to determine the applicability of these requirements; 

 F. Alternative emissions limits. If the SIP allows an 

installation to comply through an alternative emissions limit or 

means of compliance, the applicant may request that such an 

alternative limit or means of compliance be specified in the permit. 

The applicant must demonstrate that any such alternative is 

quantifiable, accountable, enforceable, and based on replicable 

procedures. The applicant shall propose permit terms and conditions 

to satisfy these requirements in the application; 

 G. Proposed exemptions. An explanation of any proposed 

exemptions from otherwise applicable requirements; 

 H. Proposed reasonably anticipated operating scenarios. 

Additional information, as determined necessary by the permitting 

authority, to define reasonably anticipated operating scenarios 

identified by the applicant for emissions trading or to define permit 

terms and conditions implementing operational flexibility; 

 I. Compliance plan. A compliance plan that contains all of the 

following: 

 (I) A description of the compliance status of the 

installation with respect to all applicable requirements; 

 (II) A description as follows: 

 (a) For applicable requirements with which the 

installation is in compliance, a statement that the installation will 

continue to comply with these requirements; 

 (b) For applicable requirements that will become 

effective during the permit term, a statement that the installation 

will comply with these requirements on a timely basis; and 

 (c) For any applicable requirements with which the 

installation is not in compliance at the time of permit issuance, a 

narrative description of how the installation will achieve compliance 

with these requirements; 
10 CSR 10-6.065 Operating Permits 

27 

 (III) A compliance schedule as follows: 

 (a) For applicable requirements with which the 

installation is in compliance, a statement that the installation will 

continue to comply with these requirements; 

 (b) For applicable requirements that will become 

effective during the permit term, a statement that the installation 

will comply with these requirements on a timely basis. A statement 

that the installation will comply in a timely manner with applicable 

requirements that become effective during the permit term shall 

satisfy this provision, unless a more detailed schedule is expressly 

required by the applicable requirement; and

 (c) A schedule of compliance for all applicable 

requirements with which the installation is not in compliance at the 

time of permit issuance, including a schedule of remedial measures 

and an enforceable sequence of actions, with milestones, leading to 

compliance. (This compliance schedule shall resemble and be 

equivalent in stringency to that contained in any judicial consent 

decree or administrative order to which the installation is subject); 

 (IV) For installations required to have a schedule of 

compliance under subpart (6)(B)3.I.(III)(c) of this rule, a schedule 

for the submission of certified progress reports no less frequently 

than every six (6) months; and 

 (V) The compliance plan content requirements specified in 

this paragraph shall apply to, and be included in, the acid rain 

portion of a compliance plan for an affected source, except as 

specifically superseded by regulations promulgated under Title IV of 

the Act with regard to the schedule and method(s) the installation 

will use to achieve compliance with the acid rain emissions 

limitations; 

 J. Compliance certification and information. 

 (I) A certification of compliance with all applicable 

requirements signed by a responsible official consistent with 

paragraph (6)(B)4. of this rule and section 114(a)(3) of the Act; 

 (II) A statement of methods used for determining compliance, 

including a description of monitoring, record keeping and reporting 

requirements, and test methods; 

 (III) A schedule for the submission of compliance 

certifications during the permit term, which shall be submitted 
10 CSR 10-6.065 Operating Permits

28 

annually, or more frequently if required by an underlying applicable 

requirement; and 

 (IV) A statement indicating the installation’s compliance 

status with respect to any applicable enhanced monitoring and 

compliance certification requirements of the Act; and 

 K. Acid rain information. Nationally-standardized forms for 

acid rain portions of permit applications and compliance plans shall 

be used, as required by rules promulgated under Title IV of the Act. 

4. Certification by responsible official. Any application form, 

report, or compliance certification submitted pursuant to this rule 

shall contain certification by a responsible official of truth, 

accuracy, and completeness. This certification, and any other 

certification, shall be signed by a responsible official and shall 

contain the following language: “I certify, based on information and 

belief formed after reasonable inquiry, the statements and 

information in the document are true, accurate, and complete.” 

5. Single, multiple, or general permits. Pursuant to this section 

of the rule, an installation must have a permit (or group of permits) 

addressing all applicable requirements for all emissions units in the 

installation. An installation may comply with this subsection of the 

rule through any one (1) of the methods identified in paragraphs 

(3)(A)1.–4. of this rule. 

(C) Permit Content. 

 1. Standard permit requirements. Every operating permit issued 

pursuant to this section (6) shall contain all requirements 

applicable to the installation at the time of issuance. 

 A. Emissions limitations and standards. The permit shall 

specify emissions limitations or standards applicable to the 

installation, and shall include those operational requirements or 

limitations as necessary to assure compliance with all applicable 

requirements. 

 (I) The permit shall specify and reference the origin of and 

authority for each term or condition and shall identify any 

difference in form as compared to the applicable requirement upon 

which the term or condition is based. 

 (II) The permit shall state that, where an applicable 

requirement is more stringent than an applicable requirement of rules 

promulgated under Title IV of the Act, both provisions shall be 
10 CSR 10-6.065 Operating Permits 

29 

incorporated into the permit and shall be enforceable by the 

administrator. 

 (III) If the implementation plan or other applicable 

requirement allows an installation to comply through an alternative 

emissions limit or means of compliance and the applicant requests 

that this alternative limit or means of compliance be specified in 

the permit, the permitting authority may include this alternative 

emissions limit or means of compliance in an installation’s permit 

upon demonstrating that it is quantifiable, accountable, enforceable 

and based on replicable procedures. 

 B. Permit duration. The permitting authority shall issue permits 

for five (5) years. The permit term shall commence on the date of 

issuance or, when applicable, the date of validation. 

 C. Monitoring and related record keeping and reporting 

requirements. 

 (I) The permit shall contain the following requirements with 

respect to monitoring: 

 (a) All emissions monitoring and analysis procedures or 

test methods required under the applicable requirements, including 

any procedures and methods promulgated by the administrator pursuant 

to sections 114(a)(3) or 504(b) of the Act; 

 (b) Where the applicable requirement does not require 

periodic testing or instrumental or noninstrumental monitoring (which 

may consist of record keeping designed to serve as monitoring), then 

periodic monitoring sufficient to yield reliable data for the 

relevant time period that are representative of the installation’s 

compliance with the permit, as reported pursuant to part 

(6)(C)1.C.(III) of this rule. These monitoring requirements shall 

assure the use of terms, test methods, units, averaging periods, and 

other statistical conventions consistent with the applicable 

requirement. Record keeping provisions may be sufficient to meet the 

requirements of this paragraph; and 

 (c) As necessary, requirements concerning the use, 

maintenance, and where appropriate, installation of monitoring 

equipment or methods. 

 (II) With respect to record keeping, the permit shall 

incorporate all applicable record keeping requirements and require, 

where applicable, the following: 
10 CSR 10-6.065 Operating Permits

30 

 (a) Records of required monitoring information that 

include the following: 

 I. The date, place as defined in the permit, and time 

of sampling or measurements; 

 II. The date(s) analyses were performed; 

 III. The company or entity that performed the 

analyses; 

 IV. The analytical techniques or methods used; 

 V. The results of these analyses; and 

 VI. The operating conditions as existing at the time 

of sampling or measurement; 

 (b) Retention of records. 

 I. Retention of records of all required monitoring 

data and support information for a period of at least five (5) years 

from the date of the monitoring sample, measurement, report or 

application. Support information includes all calibration and 

maintenance records and all original strip-chart recordings when used 

for continuous monitoring instrumentation, and copies of all reports 

required by the permit. Where appropriate, the permit may specify 

that records may be maintained in computerized form. 

 II. Affected sources under Title IV of the Act will 

have a three (3)-year monitoring data record retention period as 

required in 40 CFR part 75. 

 (III) With respect to reporting, the permit shall incorporate 

all applicable reporting requirements and require the following: 

 (a) A permit issued under these rules shall require the 

permittee to submit a report of any required monitoring every six (6) 

months. To the extent possible, the schedule for submission of these 

reports shall be timed to coincide with other periodic reports 

required by the permit, including the permittee’s annual compliance 

certification; 

 (b) Each report submitted under subpart 

(6)(C)1.C.(III)(a) of this rule shall identify any deviations from 

permit requirement, since the previous report, that have been 

monitored by the monitoring systems required under the permit, and 
10 CSR 10-6.065 Operating Permits 

31 

any deviations from the monitoring, record keeping and reporting 

requirements of the permit; 

 (c) In addition to semiannual monitoring reports, each 

permittee shall be required to submit supplemental reports as 

indicated here. All reports of deviations shall identify the cause or 

probable cause of the deviations and any corrective actions or 

preventative measures taken. 

 I. Notice of any deviation resulting from an 

emergency (or upset) condition as defined in paragraph (6)(C)7. of 

this rule shall be submitted to the permitting authority either 

verbally or in writing within two (2) working days after the date on 

which the emission limitation is exceeded due to the emergency, if 

the permittee wishes to assert an affirmative defense. The 

affirmative defense of emergency shall be demonstrated through 

properly signed, contemporaneous operating logs, or other relevant 

evidence that indicate an emergency occurred and the permittee can 

identify the cause(s) of the emergency. The permitted facility must 

show that it was operated properly at the time and that during the 

period of the emergency the permittee took all reasonable steps to 

minimize levels of emissions that exceeded the emission standards or 

requirements in the permit. The notice must contain a description of 

the emergency, steps taken to mitigate emissions, and the corrective 

actions taken. 

 II. Any deviation that poses an imminent and 

substantial danger to public health, safety or the environment shall 

be reported as soon as practicable. 

 III. Any other deviations identified in the permit as 

requiring more frequent reporting than the permittee’s semiannual 

report shall be reported on the schedule specified in the permit; 

 (d) Every report submitted shall be certified by a 

responsible official, except that, if a report of a deviation must be 

submitted within ten (10) days after the deviation, the report may be 

submitted without a certification if the report is resubmitted with 

an appropriate certification within ten (10) days after that, 

together with any corrected or supplemental information required 

concerning the deviation; and 

 (e) A permittee may request confidential treatment of 

information submitted in any report of deviation. 

 D. Risk management plans. If the installation is required to 

develop and register a risk management plan pursuant to section 
10 CSR 10-6.065 Operating Permits

32 

112(r) of the Act, the permit is required to specify only that the 

permittee will verify that they have complied with the requirement to 

register such a plan. The contents of the risk management plan itself 

need not be incorporated as a permit term. 

 E. Emissions exceeding Title IV allowances. Where applicable, 

the permit shall prohibit emissions exceeding any allowances that the 

installation lawfully holds under Title IV of the Act or rules 

promulgated thereunder. 

 (I) No permit revision shall be required for increases in 

emissions that are authorized by allowances acquired pursuant to the 

acid rain program if the increases do not require a permit revision 

under any other applicable requirement. 

 (II) No limit shall be placed on the number of allowances 

that may be held by an installation. The installation may not use 

these allowances, however, as a defense for noncompliance with any 

other applicable requirement. 

 (III) Any of these allowances shall be accounted for 

according to procedures established in rules promulgated under Title 

IV of the Act. 

 F. Severability clause. The permit shall include a severability 

clause to ensure the continued validity of uncontested permit 

conditions in the event of a successful challenge to any contested 

portion of the permit. 

 G. General requirements. 

 (I) The permittee must comply with all the terms and 

conditions of the permit. Any noncompliance with a permit condition 

constitutes a violation and is grounds for enforcement action, for 

permit termination, permit revocation and reissuance, permit 

modification or denial of a permit renewal application. Note: The 

grounds for termination of a permit under part (6)(C)1.G.(I) are the 

same as the grounds for revocation as stated in part (6)(E)8.A.(I). 

 (II) It shall not be a defense in an enforcement action that 

it would have been necessary for the permittee to halt or reduce the 

permitted activity in order to maintain compliance with the 

conditions of the permit. 

 (III) The permit may be modified, revoked, reopened, reissued 

or terminated for cause. Except as provided for minor permit 

modifications, the filing of an application or request for a permit 

modification, revocation and reissuance, or termination, or the 
10 CSR 10-6.065 Operating Permits 

33 

filing of a notification of planned changes or anticipated 

noncompliance, does not stay any permit condition. 

 (IV) The permit does not convey any property rights of any 

sort, or grant any exclusive privilege. 

 (V) The permittee shall furnish to the permitting authority, 

upon receipt of a written request and within a reasonable time, any 

information that the permitting authority reasonably may require to 

determine whether cause exists for modifying, reopening, reissuing or 

revoking the permit or to determine compliance with the permit. Upon 

request, the permittee also shall furnish to the permitting authority 

copies of records required to be kept by the permittee. The permittee 

may make a claim of confidentiality for any information or records 

submitted under this paragraph (6)(C)1. 

 H. Incentive programs not requiring permit revisions. The permit 

shall include a provision stating that no permit revision will be 

required for any installation changes made under any approved 

economic incentive, marketable permit, emissions trading, or other 

similar programs or processes provided for in the permit. 

 I. Reasonably anticipated operating scenarios. The permit shall 

include terms and conditions for reasonably anticipated operating 

scenarios identified by the applicant and approved by the permitting 

authority. The permit shall authorize the permittee to make changes 

among alternative operating scenarios authorized in the permit 

without notice, but shall require the permittee, contemporaneous with 

changing from one (1) operating scenario to another, to record in a 

log at the permitted installation the scenario under which it is 

operating. The permit shield shall apply to these terms and 

conditions. 

 J. Emissions trading. The permit shall include terms and 

conditions for the trading of emissions increases and decreases 

within the permitted installation to the extent that the applicable 

requirements provide for the trading of increases and decreases 

without case-by-case approval of each emissions trade. These terms 

and conditions shall include all those required to determine 

compliance (to include contemporaneous recording in a log of the 

details of the trade) and must meet all applicable requirements, and 

requirements of this rule. The permit shield shall apply to all terms 

and conditions that allow the trading of these increases and 

decreases in emissions. 

 2. Federally-enforceable conditions and state-only requirements. 
10 CSR 10-6.065 Operating Permits

34 

 A. Federally-enforceable conditions. Except as provided in 

subparagraph (6)(C)2.B. of this rule, all terms and conditions in a 

permit issued under this section, including any voluntary provisions 

designed to limit an installation’s potential to emit, are 

enforceable by the permitting authority, by the administrator, and by 

citizens under section 304 of the Act. 

 B. State-only requirements. Notwithstanding subparagraph 

(6)(C)2.A. of this rule, the permitting authority shall expressly 

designate as not being federally-enforceable or enforceable under 

section 304 of the Act any terms and conditions included in the 

permit that are not required under the Act or any of its applicable 

requirements, and these terms and conditions shall not be enforceable 

by the administrator or by citizens under section 304 of the Act. 

Terms and conditions so designated shall not be subject to the 

requirements of 40 CFR sections 70.7 and 70.8. Terms and conditions 

expressly designated as state-only requirements under this paragraph 

may be included in an addendum to the installation’s permit. 

 3. Compliance requirements. Permits issued under this section 

(6) shall contain the elements listed here with respect to 

compliance. 

 A. General requirements, including certification. Consistent 

with the monitoring and related record keeping and reporting 

requirements of this paragraph, the operating permit must include 

compliance certification, testing, monitoring, reporting and record 

keeping requirements sufficient to assure compliance with the terms 

and conditions of the permit. Any document (including reports) 

required to be submitted under this rule shall contain a 

certification signed by a responsible official as to the results of 

the required monitoring. 

 B. Inspection and entry. The permit must include requirements 

providing that, upon presentation of credentials and other documents 

as may be required by law, the permittee shall allow authorized 

officials of the permitting authority to perform the following 

(subject to the permittee’s right to seek confidential treatment of 

information submitted to, or obtained by, the permitting authority 

under this subsection): 

 (I) Enter upon the permittee’s premises where a permitted 

installation is located or an emissions-related activity is 

conducted, or where records must be kept under the conditions of the 

permit; 

 (II) Have access to and copy, at reasonable times, any 

records that must be kept under the conditions of the permit; 
10 CSR 10-6.065 Operating Permits 

35 

 (III) Inspect, at reasonable times and using reasonable 

safety practices, any facilities, equipment (including monitoring and 

air pollution control equipment), practices, or operations regulated 

or required under the permit; and 

 (IV) As authorized by the Missouri Air Conservation Law 

Chapter 643, RSMo, or the Act, sample or monitor, at reasonable 

times, substances or parameters for the purpose of assuring 

compliance with the permit or applicable requirements. 

 C. Schedule of compliance. The permit must include a schedule of 

compliance, to the extent required. 

 D. Progress reports. To the extent required under an applicable 

schedule of compliance, the permit must require progress reports to 

be submitted semiannually, or more frequently if specified in the 

applicable requirement or by the permitting authority. These 

progress reports shall contain the following: 

 (I) Dates for achieving the activities, milestones or 

compliance required in the schedule of compliance, and dates when 

these activities, milestones or compliance were achieved; and 

 (II) An explanation of why any dates in the schedule of 

compliance were not or will not be met, and any preventive or 

corrective measures adopted. 

 E. Compliance certification. The permit must include 

requirements for certification of compliance with terms and 

conditions contained in the permit that are federally enforceable, 

including emissions limitations, standards or work practices. The 

permit shall specify— 

 (I) The frequency (which shall be annually unless the 

applicable requirement specifies submission more frequently) of 

compliance certifications; 

 (II) The means for monitoring compliance with emissions 

limitations, standards and work practices contained in applicable 

requirements; 

 (III) A requirement that the compliance certification include 

the following: 

 (a) The identification of each term or condition of the 

permit that is the basis of the certification; 
10 CSR 10-6.065 Operating Permits

36 

 (b) The permittee’s current compliance status, as shown 

by monitoring data and other information reasonably available to the 

permittee; 

 (c) Whether compliance was continuous or intermittent; 

 (d) The method(s) used for determining the compliance 

status of the installation, currently and over the reporting period; 

and 

 (e) Such other facts as the permitting authority may 

require to determine the compliance status of the source; 

 (IV) A requirement that all compliance certifications be 

submitted to the administrator as well as to the permitting 

authority; 

 (V) Additional requirements as may be specified pursuant to 

sections 114(a)(3) and 504(b) of the Act; and 

 (VI) Any other provisions as the permitting authority may 

require. 

4. General permits. Installations may apply to operate under any 

general permit. 

 A. Issuance of general permits. General permits covering similar 

part 70 installations may be issued by the permitting authority after 

notice and opportunity for public participation under subsection 

(6)(F) and section (7). The general permit shall indicate a 

reasonable time after which an installation that has submitted an 

application for authorization will be deemed to be authorized to 

operate under the general permit. A general permit shall identify 

criteria by which installations may be authorized to operate under 

the general permit. This criteria must include the following: 

 (I) Categories of sources covered by the general permit must 

be homogeneous in terms of operations, processes and emissions; 

 (II) Sources may not be subject to case-by-case standards or 

requirements; and 

 (III) Sources must be subject to substantially similar 

requirements governing operations, emissions, monitoring, reporting 

and record keeping. 

 
10 CSR 10-6.065 Operating Permits 

37 

 B. Applications. The permitting authority shall provide 

application forms for coverage under a general permit. General permit 

applications may deviate from individual part 70 permit applications 

but shall include all information necessary to determine 

qualification for, and to assure compliance with, the general permit. 

The permitting authority shall authorize coverage by the conditions 

and terms of a general permit to all installations that apply for and 

qualify under the specified general permit criteria. Installations 

applying for coverage under a general permit must comply with all the 

requirements of this rule, except public participation requirements. 

General permits shall not be authorized for affected sources under 

the acid rain program unless otherwise provided in rule promulgated 

under Title IV of the Act. 

 C. Public participation. Although public participation under 

section (7) of this rule is necessary for the issuance of a general 

permit, the permitting authority may authorize an installation to 

operate under general permit terms and conditions without repeating 

the public participation procedures. However, this authorization 

shall not be a final permit action of purposes for judicial review. 

 D. Enforcement. Notwithstanding the permit shield provisions of 

paragraph (6)(C)6. of this rule, an installation authorized to 

operate under a general permit is subject to enforcement for 

operating without an individual part 70 operating permit if the 

installation is determined not to be qualified for the general 

permit. 

 5. Portable installations. An installation may apply for a 

single permit authorizing emissions from similar operations by the 

same installation owner or operator at multiple temporary locations. 

 A. Qualification criteria. To qualify for a permit under this 

paragraph (6)(C)5. the applicant’s operation must be temporary and 

involve at least one (1) change of location during the permit term. 

Affected sources shall not be authorized as temporary installations 

under the acid rain program unless otherwise provided in rules 

promulgated under Title IV of the Act. 

 B. Compliance at each location. The permittee must comply with 

all applicable requirements at each authorized location. 

 C. Notice of location change. The owner or operator of the 

installation must notify the permitting authority at least ten (10) 

days in advance of each change of location. 

 6. Permit shield. 
10 CSR 10-6.065 Operating Permits

38 

 A. Express permit statement required. Part 70 operating permits 

shall include express provisions stating that compliance with the 

conditions of the permit shall be deemed compliance with all 

applicable requirements as of the date of permit issuance, provided 

that— 

 (I) The applicable requirements are included and specifically 

identified in the permit; or 

 (II) The permitting authority, in acting on the permit 

revision or permit application, determines in writing that other 

requirements, as specifically identified in the permit, are not 

applicable to the installation and the permit expressly includes that 

determination or a concise summary of it. 

 B. Exceptions to permit protection. The permit shield does not 

affect the following: 

 (I) The provisions of section 303 of the Act or section 

643.090, RSMo concerning emergency orders; 

 (II) Liability for any violation of an applicable requirement 

which occurred prior to, or was existing at, the time of permit 

issuance; 

 (III) The applicable requirements of the acid rain program; 

 (IV) The administrator’s authority to obtain information; or 

 (V) Any other permit or extra-permit provisions, terms, or 

conditions expressly excluded from the permit shield provisions of 

this rule. 

 7. Emergency provisions. 

 A. Definition. For the purposes of a part 70 operating permit, 

an emergency or upset means any condition arising from sudden and not 

reasonably foreseeable events beyond the control of the permittee, 

including acts of God, which require immediate corrective action to 

restore normal operation and that causes the installation to exceed a 

technology-based emission limitation under the permit due to 

unavoidable increases in emissions attributable to the emergency or 

upset. An emergency or upset shall not include noncompliance caused 

by improperly designed equipment, lack of preventive maintenance, 

careless or improper operation, or operator error. 

 
10 CSR 10-6.065 Operating Permits 

39 

 B. Affirmative defense requirements. The permitting authority 

shall include in each permit a provision stating that an emergency or 

upset constitutes an affirmative defense to an enforcement action 

brought for noncompliance with technology-based emissions 

limitations. To establish an emergency- or upset-based defense, the 

permittee must demonstrate, through properly signed, contemporaneous 

operating logs or other relevant evidence, the following: 

 (I) An emergency or upset occurred and the permittee can 

identify the source of the emergency or upset; 

 (II) The installation was being operated properly; 

 (III) The permittee took all reasonable steps to minimize 

emissions that exceeded technology-based emissions limitations or the 

requirements in the permit; and 

 (IV) The permittee submitted notice of the emergency to the 

permitting authority within two (2) working days of the time when 

emission limitations were exceeded due to the emergency. This notice 

must contain a description of the emergency, any steps taken to 

mitigate emissions, and corrective actions taken. 

 8. Operational flexibility (installation changes not requiring 

permit revisions). An installation that has been issued a part 70 

operating permit under this rule is not required to apply for or 

obtain a permit revision in order to make any of the changes to the 

permitted installation described in subparagraph (6)(C)8.A. of this 

rule if the changes are not Title I modification and the changes do 

not cause emissions to exceed emissions allowable under the permit, 

and the changes do not result in the emission of any air contaminant 

not previously emitted. The installation shall notify the permitting 

authority and the administrator at least seven (7) days in advance of 

these changes, except as allowed for emergency or upset conditions. 

Emissions allowable under the permit means a federally-enforceable 

permit term or condition determined at issuance to be required by an 

applicable requirement that establishes an emissions limit (including 

a work practice standard) or a federally enforceable emissions cap 

that the source has assumed to avoid an applicable requirement to 

which the source would otherwise be subject. 

 A. Section 502(b)(10) changes. Changes that, under section 

502(b)(10) of the Act, contravene an express permit term may be made 

without a permit revision, except for changes that would violate 

applicable requirements of the Act or contravene federallyenforceable monitoring (including test methods), record keeping, 

reporting or compliance requirements of the permit. 
10 CSR 10-6.065 Operating Permits

40 

 (I) Before making a change under this provision, the 

permittee shall provide advance written notice to the permitting 

authority and to the administrator, describing the change to be made, 

the date on which the change will occur, any changes in emissions, 

and any permit terms and conditions that are affected. The permittee 

shall maintain a copy of the notice with the permit, and the 

permitting authority shall place a copy with the permit in the public 

file. Written notice shall be provided to the administrator and the 

permitting authority at least seven (7) days before the change is to 

be made. If less than seven (7) days’ notice is provided because of 

a need to respond more quickly to these unanticipated conditions, the 

permittee shall provide notice to the administrator and the 

permitting authority as soon as possible after learning of the need 

to make the change. 

 (II) The permit shield shall not apply to these changes. 

 B. SIP-based emissions trading changes. Changes associated with 

trading emissions increases and decreases within a permitted 

installation may be made without a permit revision if the SIP 

provides for these trades. The permit shall contain terms and 

conditions governing the trading of emissions. 

 (I) For these changes, the advance written notice provided by 

the permittee shall identify the underlying authority authorizing the 

trade and shall state when the change will occur, the types and 

quantities of emissions to be traded, the permit terms or other 

applicable requirements with which the source will comply through 

emissions trading, and any other information as may be required by 

the applicable requirement authorizing the emissions trade. 

 (II) The permit shield shall not apply to these changes. 

Compliance will be assessed according to the terms of the 

implementation plan authorizing the trade. 

 
10 CSR 10-6.065 Operating Permits 

41 

 C. Emissions cap-based changes. Changes associated with the 

trading of emissions increases and decreases within a permitted 

installation may be made without a permit revision if this trading is 

solely for the purpose of complying with the federally-enforceable 

emissions cap that was established in the permit at the applicant’s 

request, independent of otherwise applicable requirements. For these 

changes, the advance written notice provided by the permittee shall 

identify the underlying authority authorizing the emissions trade and 

shall state when the change will occur, the types and quantities of 

emissions to be traded, the permit terms or other applicable 

requirements with which the source will comply through emissions 

trading, and any other information as may be required by the 

applicable requirement authorizing the emissions trade. The permit 

shield does apply to these changes. 

 9. Off-permit changes. Except as provided in subparagraph 

(6)(C)9.A. in this rule, a part 70 permitted installation may make 

any change in its permitted installation’s operations, activities or 

emissions that is not addressed in, constrained by or prohibited by 

the permit without obtaining a permit revision. Insignificant 

activities listed in the permit, but not otherwise addressed in or 

prohibited by the permit, shall not be considered to be constrained 

by the permit for purposes of the off-permit provisions of this 

section. Off-permit changes shall be subject to the following 

requirements and restrictions: 

 A. Compliance with applicable requirements. The change must meet 

all applicable requirements of the Act and may not violate any 

existing permit term or condition; no permittee may change a 

permitted installation without a permit revision, even if the change 

is not addressed in or constrained by, the permit, if this change is 

subject to any requirements under Title IV of the Act or is a Title I 

modification; 

 B. Contemporaneous notice, except insignificant activities. The 

permittee must provide contemporaneous written notice of the change 

to the permitting authority and to the administrator. This notice 

shall not be required for changes that are insignificant activities 

under paragraph (6)(B)3. of this rule. This written notice shall 

describe each change, including the date, any change in emissions, 

pollutants emitted and any applicable requirement that would apply as 

a result of the change.; 

 C. Record of changes. The permittee shall keep a record 

describing all changes made at the installation that result in 

emissions of a regulated air pollutant subject to an applicable 

requirement and the emissions resulting from these changes; and 
10 CSR 10-6.065 Operating Permits

42 

 D. Permit shield not applicable. The permit shield shall not 

apply to these changes. 

(D) Unified Review. When the construction or modification and 

operation of any installation requires a construction permit under 10 

CSR 10-6.060, and an operating permit or its amendment under this 

rule, the installation shall receive a unified construction and 

operating permit or its amendments, review, hearing and approval 

process, unless the applicant requests in writing that the 

construction and operating permit, or its amendment application be 

reviewed separately. Under this unified review process, the applicant 

shall submit all the applications, forms and other information 

required by the permitting authority. 

 1. Review of applications. The permitting authority shall 

complete any unified review within one hundred eighty-four (184) 

days, as provided under the procedures of this rule and 

10 CSR 10-6.060 Construction Permits Required. 

 2. Issuance of permits. As soon as the unified review process 

is completed, if the applicant complies with all applicable 

requirements under this rule and 10 CSR 10-6.060, the construction 

permit and the operating permit or its amendment shall be issued to 

the applicant and the applicant may commence construction. The 

operating permit or its amendment shall be retained by the permitting 

authority until validated pursuant to this subsection (6)(D). 

 3. Validation of operating permits. Within one hundred and 

eighty (180) days after commencing operation, the holder of an 

operating permit or its amendment issued by the unified review 

processing shall submit to the permitting authority all information 

required by the permitting authority to demonstrate compliance with 

the terms and conditions of the issued operating permit or its 

amendment. The permittee shall also provide information identifying 

any applicable requirements which became applicable subsequent to 

issuance of the operating permit. Within thirty (30) days after the 

applicant’s request for validation, the permitting authority will 

take action denying or approving validation of the issued operating 

permit or its amendment. If the permittee demonstrates compliance 

with both the construction and operating permits, and all of the 

requirements for permit issuance in subsection (6)(E) of this rule 

have been met, the permitting authority shall validate the operating 

permit and forward it to the permittee. No part 70 permit will be 

validated unless— 
10 CSR 10-6.065 Operating Permits 

43 

 A. At the time of validation, the permitting authority certifies 

that the issued permit contains all applicable requirements; or 

 B. The procedures for permit renewal in paragraph (6)(E)3. have 

occurred prior to validation to insure the inclusion of any new 

applicable requirements to which the part 70 permit is subject. 

(E) Permit Issuance, Renewal, Reopenings and Revisions. 

 1. Action on application. 

 A. General requirements. A part 70 operating permit, permit 

modification or permit renewal may be issued only if all of the 

following conditions have been met: 

 (I) Except for a general permit authorization, the permitting 

authority has received a complete application for a permit, permit 

modification or permit renewal; 

 (II) Except for permit modifications qualifying for minor 

permit modification procedures, the permitting authority has complied 

with the requirements for public participation; 

 (III) The permitting authority has complied with the 

requirements for notifying and responding to affected states; 

 (IV) The permitting authority finds that the conditions of 

the permit provide for compliance with all applicable requirements 

and the requirements of the Act and the requirements of this rule; 

and 

 (V) The administrator has received a copy of the draft permit 

and any notices required, and has not objected to issuance of the 

permit under 40 CFR 70.8(c) within the time specified therein. 

 B. Completeness determination. After receipt of an application, 

the permitting authority promptly shall provide notice to the 

applicant of whether the application is complete. Unless the 

permitting authority notifies the applicant that the application is 

not complete within sixty (60) days after receipt, the application 

shall be deemed complete. 

 (I) The permitting authority shall make available to 

applicants all the necessary application forms, together with a 

checklist of items required for a complete application package. An 

application will be deemed complete in the first instance if the 
10 CSR 10-6.065 Operating Permits

44 

applicant submits a completed application form, together with the 

other items on the checklist. 

 (II) No completeness determination shall be required for 

applications for minor permit modifications. 

 C. Drafts for public comment. Following review of an 

application, the permitting authority shall issue a draft permit, 

draft permit modification or draft permit renewal for public comment, 

in accordance with section (7). The draft shall be accompanied by a 

statement setting forth the legal and factual basis for the draft 

permit conditions (including references to applicable statutory or 

regulatory provisions). The permitting authority shall send this 

statement to the administrator, to affected states and to the 

applicant and shall place a copy in the public file. 

 D. Proposals for review. Following the end of the public comment 

period, the permitting authority shall prepare and submit to the 

administrator a draft permit, permit modification or permit renewal. 

 (I) The draft permit, modification or renewal shall be issued 

no later than forty-five (45) days preceding the deadline for final 

action under this section and shall contain all applicable 

requirements that have been promulgated and made applicable to the 

installation as of the date of issuance of the draft permit. 

 (II) If new requirements are promulgated or otherwise become 

newly applicable to the installation following the issuance of the 

draft permit but before issuance of a final permit (or in the case of 

unified review, before validation of an issued permit), the 

permitting authority may elect to either— 

 (a) Extend or reopen the public comment period to solicit 

comment on additional draft permit provisions to implement the new 

requirements; or 

 (b) If the permitting authority determines that this 

extension or reopening of the public comment period would delay 

issuance of the permit unduly, the permitting authority may include 

in the permit a provision stating that the permit is reopened upon 

issuance or validation to incorporate the new requirements and 

stating that the new requirements are excluded from the protection of 

the permit shield. If the permitting authority elects to issue the 

permit without incorporating the new requirements, the permitting 

authority shall institute, within thirty (30) days after the new 

requirements become applicable to the source, proceedings pursuant to 

this section to reopen the permit to incorporate the new 
10 CSR 10-6.065 Operating Permits 

45 

requirements. These reopening proceedings may be instituted, but need 

not be completed, before issuance of the final permit. 

 E. Action following the administrator’s review. 

 (I) Upon receipt of notice that the administrator will not 

object to a permit, permit modification or permit renewal that has 

been submitted for the administrator’s review pursuant to this 

section, the permitting authority shall issue the permit, permit 

modification or permit renewal forthwith, but in no event later than 

the fifth day following receipt of the notice from the administrator. 

 (II) Forty-five (45) days after receipt by the administrator 

of a draft permit, permit modification or permit renewal for the 

administrator’s review, and if the administrator has not notified the 

permitting authority that s/he objects to the permit action, the 

permitting authority shall promptly issue the permit, permit 

modification or permit renewal, but in no event later than the 

fiftieth day following receipt by the administrator. 

 (III) If the administrator objects to the permit, 

modification or renewal, the permit shall not be issued and the 

permitting authority shall consult with the administrator and the 

applicant, and shall submit a revised proposal to the administrator 

within ninety (90) days after the date of the administrator’s 

objection. If the permitting authority does not revise the permit, 

the permitting authority will inform the administrator within ninety 

(90) days following the date of the objection and decline to make 

those revisions. If the administrator disagrees with the permitting 

authority, the administrator may issue the permit with the revisions 

incorporated. 

 F. Final actions. 

 (I) Noninitial applications. Except as provided in this 

subsection (6)(E), the permitting authority shall take final action 

on each application for a part 70 operating permit within eighteen 

(18) months after receiving a complete application. Final action on 

each application for a significant permit modification or permit 

renewal shall be taken within six (6) months after receipt of a 

complete application. For each application, the permitting authority 

shall submit a draft permit, modification or renewal to the 

administrator no later than forty-five (45) days before the deadline 

for final action established in this section. The permitting 

authority shall take action on any permit, permit modification or 

permit renewal issued in compliance with rules promulgated under 

Title IV or V of the Act for the permitting of affected installations 
10 CSR 10-6.065 Operating Permits

46 

under the acid rain program within the time specified in those 

regulations. 

 (II) Initial applications. Applications accepted under the 

registry system shall be acted upon according to that registry. 

 G. Order for acting on applications. To the extent feasible, 

applications shall be acted upon in the order received, except that— 

 (I) Priority shall be given to taking final action on 

applications for construction or permit modification under Title I, 

Parts C and D of the Act and to applications for general permits. To 

the extent feasible, final action on these applications shall be 

taken within six (6) months following receipt of a complete 

application; 

 (II) For processing purposes, the permitting authority may 

group together applications addressing similar installations; and 

 (III) The permitting authority may give expedited treatment 

to simple applications that do not require significant review (for 

example, permits incorporating few or no substantive regulatory 

requirements). 

 2. Application shield. 

 A. Protection for not having a permit. If an installation 

subject to the requirement to obtain a permit under this section 

submits a timely and complete application for permit issuance or 

renewal, that installation’s failure to have an issued permit shall 

not be a violation of the requirement to have the permit until the 

permitting authority takes final action on the application. This 

application protection shall cease to apply if, subsequent to a 

completeness determination, the applicant fails to submit, by the 

deadline specified in writing by the permitting authority, any 

additional information identified as being reasonably required to 

process the application. 

 B. Loss of protection. If an applicant files a timely 

application that the permitting authority determines is not complete, 

or if the applicant loses the protection granted under this section 

as a result of the failure to provide additional information 

reasonably requested by the permitting authority within the time 

specified, the applicant is in violation of this section for failure 

to have an issued permit. 
10 CSR 10-6.065 Operating Permits 

47 

 C. Construction permits not affected. The submittal of a 

complete part 70 operating permit application shall not affect the 

requirement, where applicable, that an installation have a 

construction permit. 

 3. Permit renewal and expiration. 

 A. Renewal application requirements. Applications for permit 

renewals shall be subject to the same procedural requirements, 

including public participation, affected state comment and the 

administrator review, that apply to initial permit issuance. The 

permitting authority, in issuing a permit or renewal permit, may 

identify those portions that are proposed to be revised, supplemented 

or deleted. 

 B. Timely application. An installation’s right to operate shall 

terminate upon the expiration of the permit, unless a complete permit 

renewal application is submitted at least six (6) months before the 

date of expiration, or unless the permitting authority takes final 

action approving an application for a permit renewal by the 

expiration date. 

 C. Extension of expired permits. If a timely and complete 

application for a permit renewal is submitted, but the permitting 

authority fails to take final action to issue or deny the renewal 

permit before the end of the term of the previous permit, the 

previous permit shall not expire until the renewal permit is issued 

or denied. Any permit shield granted under the previous permit shall 

continue in effect during this period of time. However, the 

administrator may invoke its authority under section 505(e) of the 

Act to terminate or revoke and reissue the permit. 

 4. Administrative permit amendments. 

 A. Definition. An administrative permit amendment is a permit 

revision that— 

 (I) Corrects typographical errors; 

 (II) Identifies a change in the name, address or phone number 

of any person identified in the permit, or provides a similar minor 

administrative change at the installation; 

 (III) Requires more frequent monitoring or reporting by the 

permittee; 
10 CSR 10-6.065 Operating Permits

48 

 (IV) Allows for a change in ownership or operational control 

of an installation where no other change in the permit is necessary, 

provided that a written agreement containing a specific date for 

transfer of permit responsibility, coverage, and liability between 

the current and new permittee must be submitted to the permitting 

authority; and/or

 (V) Incorporates in the part 70 operating permit the 

requirements of a unified construction permit issued by the 

permitting authority. 

 B. Acid rain provisions. For purposes of any acid rain portion 

of a part 70 operating permit, administrative permit amendments shall 

be governed by rules promulgated under Title IV of the Act. 

 C. Procedures. An administrative permit amendment shall be made 

by the permitting authority under the following procedures: 

 (I) The permitting authority shall take final action on a 

request for an administrative permit amendment within sixty (60) days 

after receipt of the request, and may incorporate the proposed 

changes in a permit without providing notice to the public or 

affected states, if any of the permit revisions are designated as 

having been made pursuant to this paragraph (6)(E)4.; 

 (II) The permitting authority shall transmit a copy of the 

amended permit to the administrator; and 

 (III) An installation may implement the changes addressed in 

a request for an administrative permit amendment immediately upon 

submittal of the request. 

 D. Permit shield applicable. The permitting authority, upon 

taking final action granting a request for an administrative permit 

amendment, shall allow coverage by the permit shield. 

 5. Permit modifications. 

 A. Definition. A permit modification is any revision to a part 

70 operating permit which is not an administrative amendment under 

paragraph (6)(E)4. of this rule. A permit modification for the 

purposes of the acid rain portion of the permit shall be governed by 

regulations promulgated under Title IV of the Act. 

 B. Minor permit modification. 

 (I) Criteria. 
10 CSR 10-6.065 Operating Permits 

49 

 (a) Minor permit modifications involve changes to an 

installation that do not— 

 I. Violate any applicable requirement; 

 II. Involve significant changes to monitoring, 

reporting or record keeping requirements in the permit; 

 III. Require or change any case-by-case or sourcespecific determination contained in the permit, or a source-specific 

determination for temporary sources of ambient impacts, or a 

visibility or increment analysis; 

 IV. Establish or change a permit term for which there 

is no corresponding underlying applicable requirement and which the 

source has assumed in order to avoid an applicable requirement to 

which it would otherwise be subject, such as a federally-enforceable 

emissions cap voluntarily agreed to in order to avoid classification 

as a Title I modification or an alternative emissions limit approved 

pursuant to 112(i)(5) of the Act; 

 V. Constitute a Title I modification; and 

 VI. Constitute a significant permit modification. 

 (b) Notwithstanding subpart (6) (E)5.B.(I)(a) and 

subparagraph (6)(E)5.C. of this section, minor permit modification 

procedures may be used for permit modifications involving the use of 

economic incentives, marketable permits, emissions trading, and other 

similar approaches, to the extent that such minor permit modification 

procedures are explicitly provided for in an applicable 

implementation plan or in applicable requirements promulgated by EPA. 

 (II) Procedures. 

 (a) The applicant should complete a minor permit 

modification form application which is consistent with the 

requirements of this section (6), and which includes at least the 

following information: 

 I. A description of the proposed change, the 

resulting emissions and any new applicable requirements; 

 II. The applicant’s draft modified permit; 
10 CSR 10-6.065 Operating Permits

50 

 III. Certification by a responsible official 

consistent with paragraph (6)(B)4. of this rule, that the proposed 

modification meets the criteria for use of minor permit modification 

procedures; and 

 IV. Completed forms to enable the permitting 

authority to notify the administrator and affected states. 

 (b) The permitting authority will notify the 

administrator and affected states within five (5) days after receipt 

of the application. 

 (c) Public participation requirements are not applicable 

to minor permit modifications. 

 (d) Within thirty (30) days after receiving the minor 

permit modification application, the permitting authority will notify 

the applicant whether the application is deemed complete or if 

further information is needed to deem it so. 

 (e) Within ninety (90) days after receiving the minor 

permit modification application, or fifteen (15) days after the end 

of the administrator’s forty-five (45)-day review period, whichever 

is later, the permitting authority shall— 

 I. Issue the permit modification as proposed; 

 II. Deny the permit modification; 

 III. Determine that the requested change is a 

significant permit modification that should be reviewed as such; or 

 IV. Revise the draft modified permit and notify the 

applicant and the administrator by providing a written copy of the 

proposed intended changes, a written statement of the factual and 

legal reasons for the changes, and notice of the rights of the 

applicant and the administrator to appeal or object to the changes, 

including any deadlines for this appeal or objection. 

 (f) An applicant for a minor permit modification may make 

the change proposed immediately after filing the application. After 

making the change, and until the permitting authority takes any of 

the actions specified in this section (6), the applicant must comply 

with both the applicable requirements governing the change and the 

proposed modified permit terms and conditions. During this time 

period, the installation need not comply with the existing permit 

terms and conditions the applicant is seeking to modify. However, if 
10 CSR 10-6.065 Operating Permits 

51 

the applicant fails to comply with the proposed modified permit terms 

and conditions during this time period, the existing permit terms and 

conditions which the applicant is seeking to modify may be enforced 

against the installation. 

 (III) Permit shield not applicable. The permit shield does 

not apply to minor permit modifications. 

 (IV) Public notice. The permitting authority shall provide 

public notice of a change proposed in a minor permit modification 

application when it determines that the proposed change is of 

sufficient consequence that the public may have an interest in being 

informed. The procedures for the public notice shall be as follows: 

 (a) Notice shall be given by publication in a newspaper 

of general circulation in the area where the installation is located 

or in a state publication designed to give general public notice, and 

to persons on a mailing list developed by the permitting authority, 

including those who request in writing to be on the list; 

 (b) The notice shall identify: the installation; the name 

and address of the permittee; the name and address of the permitting 

authority; the activity(ies) involved in the permit action; any 

emissions change involved in the proposed minor permit modification; 

the name, address and telephone number of a person from whom 

interested persons may obtain additional information, including 

copies of the draft permit, the application, all relevant supporting 

materials and all other materials available to the permitting 

authority that are relevant to the permit decision; and 

 (c) The permitting authority shall provide public notice, 

as provided in this section, promptly upon receipt of the source’s 

minor permit modification application; however, the timing and 

content of this notice shall not be grounds for a challenge to the 

permitting authority’s final action. 

 C. Group processing of minor permit modifications. Pursuant to 

this paragraph (6)(E)5., the permitting authority may modify the 

procedures outlined in this section (6) to process groups of an 

installation’s applications for certain modifications eligible for 

minor permit modification processing. 

 (I) Criteria. Group processing of proposed minor permit 

modifications may be used only for those which— 

 (a) Meet the criteria for minor permit modification 

procedures under this section; and 
10 CSR 10-6.065 Operating Permits

52 

 (b) Collectively are below the following threshold level: 

ten percent (10%) of the emissions allowed by the permit for the 

emissions unit for which the change is proposed; twenty percent (20%) 

of the applicable definition of a part 70 installation; or five (5) 

tons per year, whichever is least. 

 (II) Applications. An application requesting the use of 

group processing procedures shall meet the requirements of this 

subparagraph and shall include the following: 

 (a) A description of the change, the emissions resulting 

from the change, and any new applicable requirements that will apply 

if the change occurs; 

 (b) The applicant’s draft modified permit; 

 (c) Certification by a responsible official, consistent 

with this section, that the proposed modification meets the criteria 

for use of group processing procedures and a request that these 

procedures be used; 

 (d) A list of the installation’s other pending 

applications awaiting group processing and a determination of whether 

the requested modification, aggregated with these other applications, 

equals or exceeds the threshold established under this section (6); 

 (e) Certification, consistent with this section (6), that 

the applicant has notified the administrator of the proposed 

modification. This notification need only contain a brief 

description of the proposed modification; and 

 (f) Completed forms for the permitting authority to use 

to notify the administrator and affected states. 

 (III) Administrator and affected state notification. n a 

quarterly basis or within five (5) business days after receipt of an 

application demonstrating that the aggregate of an installation’s 

pending applications equals or exceeds the threshold level 

established under this section, whichever is earlier, the permitting 

authority promptly, in accordance with section (7) of this rule, 

shall notify the administrator and affected states of the proposed 

permit modifications. The permitting authority shall send any notice 

required to the administrator. 

 (IV) Timetable for issuance. The provisions of this section 

shall apply to modifications eligible for group processing, except 
10 CSR 10-6.065 Operating Permits 

53 

that the permitting authority shall take one (1) of the actions 

specified in this paragraph within one hundred eighty (180) days 

after receipt of the application or fifteen (15) days after the end 

of the administrator’s forty-five (45)-day review period, whichever 

is later. 

 (V) Installation’s ability to make change. The provisions of 

this subpart (6)(E)5.B.(II)(f) shall apply to modifications eligible 

for group processing. 

 (VI) Permit shield not applicable. The provisions of part 

(6)(E)5.B.(III) shall apply to modifications eligible for group 

processing. 

 (VII) Public notice. The provisions of this part 

(6)(E)5.B.(IV) shall apply to modifications eligible for group 

processing. 

 D. Significant permit modifications. 

 (I) Definition. Any permit revision which is not a minor 

modification or administrative permit amendment is a significant 

permit modification. This revision includes, but is not limited to, 

significant changes in monitoring, reporting or record keeping permit 

terms and any change in the method of measuring compliance with 

existing permit requirements. Criteria for determining whether a 

proposed change is significant shall include the magnitude of the 

change and the resulting impact on the environment. 

 (II) Procedures. 

 (a) An applicant for a significant permit modification 

shall adhere to all the relevant requirements for an initial permit 

application under section (6) of this rule, as well as requirements 

for public participation under section (7), and review by the 

administrator and affected states under subsection (6)(F) except— 

 I. The applicant should use the form for a 

significant permit modification application, rather than the form for 

an initial permit issuance; and 

 II. The permitting authority will complete review of 

significant permit modification applications within nine (9) months 

after receipt of an application. 

 6. Reopening permits for cause. 
10 CSR 10-6.065 Operating Permits

54 

 A. Cause to reopen. A part 70 operating permit shall be 

reopened for cause if— 

 (I) The permitting authority receives notice from the 

administrator that the administrator has granted a petition for 

disapproval of a permit pursuant to 40 CFR 70.8(d), provided that the 

reopening may be stayed pending judicial review of that 

determination; 

 (II) The permitting authority or the administrator determines 

that the permit contains a material mistake or that inaccurate 

statements were made in establishing the emissions limitations 

standards or other terms of the permit; 

 (III) Additional applicable requirements under the Act become 

applicable to the installation; however, reopening on this ground is 

not required if— 

 (a) The permit has a remaining term of less than three 

(3) years; 

 (b) The effective date of the requirement is later than 

the date on which the permit is due to expire; or 

 (c) The additional applicable requirements are 

implemented in a general permit that is applicable to the 

installation and the installation receives authorization for coverage 

under that general permit; 

 (IV) The installation is an affected source under the acid 

rain program and additional requirements (including excess emissions 

requirements) become applicable to that source, provided that, upon 

approval by the administrator, excess emissions offset plans shall be 

deemed to be incorporated into the permit; or 

 (V) The permitting authority or the administrator determines 

that the permit must be reopened and revised to assure compliance 

with applicable requirements. 

 B. Notice to the permittee. If the permitting authority finds 

reason to believe that a permit should be reopened for cause, it 

shall provide at least thirty (30) day’s prior written notice to the 

permittee, except the notice period may be less if the permitting 

authority finds that an emergency exists. 

 
10 CSR 10-6.065 Operating Permits 

55 

 (I) This notice shall include a statement of the terms and 

conditions that the permitting authority proposes to change, delete 

or add to the permit. If the permitting authority does not have 

sufficient information to determine the terms and conditions that 

must be changed, deleted or added to the permit, the notice shall 

request the permittee to provide that information within a period of 

time specified in the notice, which shall be not less than thirty 

(30) days except in the case of an emergency. 

 (II) If the proposed reopening is pursuant to subparagraph 

(6)(E)6.A. of this rule, the permitting authority shall give the 

permittee an opportunity to provide evidence that the permit should 

not be reopened. 

 C. Procedures for reissuance. In reissuing the permit, the 

permitting authority shall follow the procedures established under 

subsection (6)(E). The permittee shall in all cases be afforded an 

opportunity to comment on the revised permit terms. 

 D. Judicial review. Upon issuance of the revised permit, both 

the determination to reopen the permit and the revised permit terms 

shall be subject to judicial review. 

 E. Extension of permit shield. While a reopening proceeding is 

pending, the permittee shall be entitled to the continued protection 

of any permit shield provided in the permit pending issuance of a 

revised permit, unless the permitting authority specifically suspends 

the permit shield on the basis of a finding that this suspension is 

necessary to implement applicable requirements. If this finding 

applies only to certain applicable requirements or to certain permit 

terms, the suspension shall extend only to those requirements or 

terms. 

 F. Deadline for completion. Any reopening and reissuance 

proceeding shall be completed within eighteen (18) months after 

promulgation of the applicable requirements. 

 7. Reopening permits for cause by the administrator. 

 A. Notice of cause. If the permitting authority receives notice 

from the administrator that the administrator has found cause to 

revoke, modify or reopen and reissue a part 70 operating permit, the 

permitting authority, within ten (10) days after receipt of this 

notification, shall provide notice to the permittee. The notice to 

the permittee shall include a copy of the notice from the 

administrator and invite the permittee to comment in writing on the 

proposed action. 
10 CSR 10-6.065 Operating Permits

56 

 B. Proposed permitting authority response. Within ninety (90) 

days following receipt of the notification from the administrator, 

the permitting authority shall issue and forward to the administrator 

a proposed determination in response to the administrator’s 

notification. The permitting authority may request an additional 

ninety (90) days for this submission if this time is required to 

obtain a new or revised permit application or other information from 

the permittee. 

 C. Comment by the administrator. The permitting authority shall 

address any further comment or objection from the administrator on 

the permitting authority’s response to the administrator notification 

pursuant to this section. 

 8. Revocations and terminations. 

 A. Cause for revocation. The permitting authority may revoke a 

part 70 operating permit only upon request of the permittee or for 

cause. For purposes of this section, cause for revocation exists if— 

 (I) There is a pattern of unresolved and repeated 

noncompliance with the terms and conditions of the permit and the 

permittee has refused to take appropriate action (such as a schedule 

of compliance) to resolve the noncompliance; 

 (II) The permittee has failed to disclose material facts 

relevant to issuance of the permit or has knowingly submitted false 

or misleading information to the permitting authority; 

 (III) The permitting authority finds that the permitted 

installation or activity endangers public health, safety or the 

environment, and that the danger cannot be removed by a modification 

of the terms of the permit; or 

 (IV) The permittee has failed to pay a civil or criminal 

penalty imposed for violations of the permit. 

 B. Notice to permittee. Upon finding that cause exists for the 

revocation of a permit, the permitting authority shall notify the 

permittee of that finding in writing, stating the reasons for the 

proposed revocation. Within thirty (30) days following receipt of the 

notice, the permittee may submit written comments concerning the 

proposed revocation. If the permitting authority after that makes a 

final determination to revoke the permit, it shall provide a written 

notice to the permittee specifying the reasons for the decision and 

the effective date of the revocation. 
10 CSR 10-6.065 Operating Permits 

57 

 C. Conditional revocation. A permit revocation issued under 

this section may be issued conditionally, with a future effective 

date, and may specify that the revocation will not take effect if the 

permittee satisfies the specified conditions before the effective 

date. 

 D. Application for termination. A permittee may apply at any 

time for termination of all or a portion of its part 70 operating 

permit relating solely to operations, activities and emissions that 

have been permanently discontinued at the permitted installation. An 

application for termination shall identify with specificity the 

permit or permit terms that relate to the discontinued operations, 

activities and emissions. The permitting authority shall act on an 

application for termination on this ground within ninety (90) days 

after receipt, and shall grant the application for termination upon 

finding that the permit terms for which termination is sought relate 

solely to operations, activities and emissions that have been 

permanently discontinued. In terminating all or portions of a permit 

pursuant to this subsection, the permitting authority may make 

appropriate orders for the submission of a final report or other 

information from the permittee to verify the complete discontinuation 

of the relevant operations, activities and emissions. 

 E. Application for termination based on general permit. A 

permittee may apply for termination of its permit on the ground that 

its operations, activities and emissions are fully covered by a 

general permit for which it has applied and received coverage. The 

permitting authority shall act on an application for termination on 

this ground within ninety (90) days after receipt, and shall grant 

the application upon a finding that the permittee’s installation’s 

operations, activities and emissions are fully covered by a general 

permit. 

 F. Application for new permit. An installation that has 

received a final revocation or termination of its permit may apply 

for a new permit. 

 9. Case-by-case determinations. If applicable requirements 

require the permitting authority to make a case-by-case determination 

of an emission limitation, technology requirement, work practice 

standard or other requirement for an installation, and to include 

terms and conditions implementing that determination in the 

installation’s part 70 operating permit, the installation shall 

include in its permit application a proposed determination, together 

with the data and other information upon which the determination is 

to be based, and proposed terms and conditions to implement the 
10 CSR 10-6.065 Operating Permits

58 

determination. Upon receipt of a request from the applicant, the 

permitting authority shall meet with the applicant before the permit 

application is submitted to discuss the determination and the 

information required to make it. In the event the permitting 

authority determines that the applicant’s proposed determination and 

implementing terms and conditions should be revised in the draft 

permit or the final permit, the permitting authority shall in all 

cases inform the applicant of the changes to be made, and allow the 

applicant to comment on those changes before issuing the draft permit 

or final permit. 

 10. Public participation. The procedures of section (7) of this 

rule shall be followed. 

 11. Judicial review. Any final action in granting or denying an 

application for a permit, permit amendment or modification or permit 

renewal shall be subject to Missouri Air Conservation Commission 

review as provided in 643.078 and 643.130, RSMo upon an appeal filed 

by the applicant or permittee, or by any affected state or other 

person who participated in the public comment process. f no public 

comment procedure was employed for the action under challenge, an 

application for review may be filed by the permittee or an affected 

state. he opportunity for judicial review provided for in this 

subsection shall be the exclusive means for obtaining judicial review 

of any permit action. 

 A. Deadline for filing. No application for judicial review may 

be filed more than ninety (90) days following the final action on 

which review is sought, unless the grounds for review arose at a 

later time, in which case the application for review shall be filed 

within ninety (90) days of the date on which the grounds for review 

first arose, and review shall be limited to such later-arising 

grounds. 

 B. Scope of review. Any application for judicial review shall be 

limited to issues that— 

 (I) Were raised in written comments filed with the permitting 

authority or during a public hearing on the proposed permit action 

(if the grounds on which review is sought were known at that time), 

except that this restriction shall not apply if the person seeking 

review was not afforded an advance opportunity to comment on the 

challenged action; and 

 (II) Are germane and material to the permit action at issue. 
10 CSR 10-6.065 Operating Permits 

59 

 C. Deadline for final action. For purposes of this section (6), 

final action shall include a failure by the permitting authority to 

take final action to issue or deny an application within the time 

specified in these regulations. 

(F) Permit Review by the Administrator and Affected States. 

 1. Administrator review. 

 A. Copies of applications, proposals and final actions. The 

applicant will provide two (2) copies of the information included in 

an application under this section. The permitting authority will 

forward to the administrator one (1) copy of each permit application, 

including application for permit modification, request for 

validation, application for permit renewal, draft permit and each 

final operating permit, modified permit and permit renewal. 

 B. Administrator’s objection. No permit shall be issued or 

validated under this section if the administrator objects to its 

issuance in writing within forty-five (45) days after receipt of the 

draft permit, modified permit or permit renewal and all necessary 

supporting information. 

 C. Failure to respond to objection. If the permitting authority 

does not respond to an objection of the administrator by transmitting 

a revised draft permit, modified permit or renewal permit within 

ninety (90) days after receipt of such objection, the administrator 

may issue or deny the permit, modified permit or permit renewal in 

accordance with the Act. 

 D. Public petitions for objection. If the administrator does 

not object to a proposed permit action, any person may petition the 

administrator to make an objection within sixty (60) days after 

expiration of the administrator’s forty-five (45)-day review period. 

 (I) This petition may only be based on objections raised 

during the public review process, unless the petitioner demonstrates 

that it was impracticable to raise objection during the public review 

period (including when the grounds for objection arose after that 

period). 

 (II) If the administrator responds to a petition filed under 

this section by issuing an objection, the permitting authority will 

not issue the permit until the objection has been resolved. If the 

permit was issued after the administrator’s forty-five (45)-day 

review period, and prior to any objection by the administrator, the 

permitting authority shall treat that objection as if the 
10 CSR 10-6.065 Operating Permits

60 

administrator were reopening the permit for cause. In these 

circumstances, the petition to the administrator does not stay the 

effectiveness of the issued permit, and the permittee shall not be in 

violation of the requirement to have submitted a complete and timely 

permit application. 

 2. Affected state review. 

 A. Notice of draft actions. The permitting authority will give 

notice of each draft permit, modified permit and renewed permit to 

any affected state on or before the time that the permitting 

authority provides notice to the public, except in the case of minor 

permit modifications. Affected states may comment on the draft 

permit action during the period allowed for public comment, as shall 

be set forth in a notice to affected states. 

 B. Refusal to accept recommendations. If the permitting 

authority refuses to accept all recommendations for a proposed permit 

action that any affected state has submitted during the review 

period, the permitting authority shall notify the administrator and 

the affected state in writing of its reasons for not accepting the 

recommendations. 

(7) Public Participation. Except for proposed modifications 

qualifying for the minor permit modification procedures, all permit 

proceedings, including initial permit issuance, significant permit 

modifications and permit renewals, shall be conducted in accordance 

with the procedures for public participation in this section (7). 

(A) Drafts for Public Comment and Public Notice. After receipt of an 

application for a permit, significant permit modification or permit 

renewal and no later than sixty (60) days before the deadline for 

issuance of a permit, significant permit modification or permit 

renewal for the administrator’s review, the permitting authority 

shall issue a draft permit and solicit comment from the applicant, 

affected states and the public as follows: 

 1. The permitting authority shall provide notice to the public 

by— 

 A. Making available in at least one (1) location in the area in 

which the installation is located a public file containing copies of 

all materials that the applicant has submitted other than those 

granted confidential treatment, copies of the preliminary 

determination and draft permit, modified permit or permit renewal, 

and a copy or summary of other materials, if any, considered in 

making the preliminary permit determination; 
10 CSR 10-6.065 Operating Permits 

61 

 B. Publishing, by advertisement in at least one (1) newspaper of 

general circulation in the area in which the installation is located, 

a notice of the application, the preliminary permit determination, 

the location of the public file, the procedures for submitting 

written comments and for requesting a public hearing, and the date, 

time, and location for a public hearing if one is to be held.; and 

2. Copies of the notice required shall be sent to the applicant and 

to the representatives of affected states designated by those states 

to receive the notices. 

(B) Public Notice. The public notice shall establish a period of not 

less than thirty (30) days following publication of the notice for 

the submission of written comments, and shall identify the affected 

installation, the name and address of the applicant or permittee, the 

name and address of a permitting authority representative with 

responsibility for the permitting action, the activity(ies) involved 

in the permit action, the emissions change involved in any permit 

modification and the location of the public file. 

(C) Public Hearing Opportunity. The permitting authority shall hold 

an informal public hearing on the draft permit, modified permit or 

permit renewal if— 

 1. A timely request is made for such a hearing during the public 

comment period; and 

 2. The person requesting the hearing identifies material issues 

concerning the preliminary permit determination and the permitting 

authority determines that a public hearing will be useful in 

resolving those issues. 

(D) Time of Public Hearing. Any public hearing held under this 

section shall be held no earlier than the thirty-first day following 

publication of the public notice and no later than the thirtieth day 

preceding the deadline for the draft permit, modified permit or 

permit renewal under this section. 

(E) Scope of Public Hearing. The permitting authority may limit 

participation at the public hearing to issues raised in written 

comments submitted during the public comment period. The officer 

conducting the hearing, as appropriate, may impose additional 

limitations, including time restrictions. 

(F) Applicant’s Opportunity to Respond to Comments. The applicant 

shall be afforded an opportunity to submit, within ten (10) days 
10 CSR 10-6.065 Operating Permits

62 

following the close of the public comment period or the public 

hearing, whichever is later, a response to any comments made. 

(G) Consideration of Comments Received. The permitting authority 

shall consider all comments submitted by the applicant, the public 

and affected states in reaching its final determination and issuing 

the proposed permit, modified permit or permit renewal for the 

administrator’s review. The permitting authority shall maintain a 

list of all commenters and a summary of the issues raised and shall 

make that information available in the public file and supply it to 

the administrator upon request. 

(H) Written Response to Comments. At the time a draft permit, 

modified permit or permit renewal is proposed for the administrator’s 

review, the permitting authority shall issue a written response to 

all comments submitted by affected states and all significant 

comments submitted by the applicant and the public. Copies of this 

written response shall be provided to the administrator, affected 

states and the applicant and a copy shall be placed in the public 

file.