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



# e S I P S U B M I S S I O N I N F O R M A T I O N

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



# e S I P P A R A L L E L P R O C E S S I N G

Not applicable



# e S I P A D M I N I S T R A T I V E E V I D E N C E C O M P L E T E N E S S C H E C K L I S T

 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? YesTHIS 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.



# e S I P A D M I N I S T R A T I V E E V I D E N C E

– S U P P O R T I N G
D O C U M E N T A T I O N

Attachment File Description Complete EPA Submittal-6.060, 6.065.pdf

Additional Information regarding this submittal:

Please enter any additional information regarding this submittal.



# e S I P T E C H N I C A L S U P P O R T D O C U M E N T I N F O R M A T I O N

– A S
A P P L I C A B L E

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
DocumentsTHIS FORM WAS GENERATED BY THE eSIPS SYSTEM

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# e S I P T E C H N I C A L S U P P O R T

– A D D I T I O N A L
D O C U M E N T A T I O N

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:Jerem iah W. G ay ) N ix o n , G o vernor • Sara Parker Pa u ley, 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 of Natural 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 of Natural 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 of the 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 of the Missouri Air Conservation Law. The state followed all applicable administrative procedures in proposing and adopting the rule action(s).

Enclosed are the required SIP submittal elements for determination of plan 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 of technical 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 CommissionRSMo, 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 inemissions 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 certainsources 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 theentire 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 certainterms 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 ofJuly 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 thisdefinition, 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 potentialto 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, atany 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 anintermediate 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 requiredto construct a comparable process or production unit; and(II) It is technically and economically feasible for the reconstructed major source to meet the applicable maximumachievable 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 suchsource 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 stationarysource 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

CODE OF STATE REGULATIONS 49 J ASON K ANDER (2/29/16) 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 10-6G. 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 ofJuly 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 thesource 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 ofregulation of the corresponding NAAQS pollutant. Both volatile organic compounds (VOC) and nitrogen oxides (NO

x ) 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 throughoutMissouri 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 thatconstruction 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: asigned 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 ruledoes not apply to the construction or modification of installations that are exempted orexcluded 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 thisrule, 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 thatthe 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 maycommence 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, orits amendment. The permittee shall also provide information identifying any applicablerequirements which became applicable subsequent to issuance of the operating permit. Within thirty (30) days after the applicant’srequest 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 andoperating permits, or its amendment, the permitting authority shall validate the operating permit, or its amendment, and forward it tothe 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 ofrequirements 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 onehundred (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 newlocation not previously permitted or at a location where other sources (either permanent orportable) 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 approvedif it is determined that there will be no significant impact on any Class I area or an areawhere 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) J ASON K ANDER Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissionto 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 SourceRelocation Request for authorization to operate in the new locale as soon as possible, but not later than seven (7) calendar days prior toground breaking or initial equipment erection. No fees are associated with this authorization. Authorization will be presumed if notification of denial is not received by thespecified 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 furtherrequirements 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 issuedand 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 bein 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 qualityanalysis 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 applicablemaximum 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 islikely 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 applicablemaximum 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 thevicinity 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 applicablemaximum 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 visibilityin 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 EmissionsInformation 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 airquality 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; and5. Submit fees for the filing and processing of their permit application. The amount

o f 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 ofany installation which exceeds good engineering practice (GEP) stack height; or B. Any other dispersion technique. 2. Paragraph (6)(D)1. of this rule shallnot 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 permittingauthority must notify the public of the availability of the demonstration study and must provide opportunity for a public hearing on it.

CODE OF STATE REGULATIONS 51 J ASON K ANDER (2/29/16) 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 10-64. This paragraph does not require thatactual 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 theprovisions 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 ofinitial 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 installationnot in accordance with the application submitted and the permit issued, including anyterms 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 suchmeans 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 stationarysource 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 PlantwideApplicability 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 asignificant 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 emissionsincrease, 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 themethod of operation will occur at the particular emissions unit. 3. For each existing emissions unit affected by the project, the emissionsincrease is determined by taking the difference between the projected actual emissions for the completed project and the baselineactual emissions. In accordance with the definition of the term projected actual emissionsfound 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) ofthis rule do not apply to a source or modification that would be a major stationary source or major modification only if fugitiveemissions 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 offsetsshall 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 theadministrator, in consultation with the Secretary of Housing and Urban Development, as a zone to which economic developmentshould 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 notbeing adequately implemented for the nonattainment area in which the proposed source is to be constructed or modified; 5. Temporary installation and portablesources 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 withthe 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 pursuantto 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) J ASON K ANDER Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission10. 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 governPALs of the nonattainment pollutant for projects at existing major stationary sources in an area designated nonattainment, except
that— 1. The term Administrator shall be thedirector 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 in52.21(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 NO

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

(G) The director of the Missouri Department of Natural Resources’ Air PollutionControl 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 pr omulgated October 25, 2012, and Federal Register Notice 76 FR 28646 promulgated May 18, 2011, are hereby incorporated by reference in this rule, as published by the Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions.

(B) Administrator as it appears in 40 CFR52.21 shall refer to the director of the Missouri Department of Natural Resources’ AirPollution Control Program except in the following, where it shall continue to refer to theadministrator 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; and10. (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 PollutionControl 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 subjectto 10 CSR 10-6.410, equal to and of a comparable air quality impact to the new orincreased emissions in the following circumstances when the: 1. Area has no increment available; or2. Proposal will consume more increment than is available.

(9) Hazardous Air Pollutant Permits. The requirements of this section apply to anyowner or operator of a major source identified in subsection (9)(B) of this rule, unlessthe 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) ofthe Clean Air Act and incorporated in another subpart of part 63 of the Code of Federal Regulations (CFR), or the owner or operatorof 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 orproduction unit that would otherwise be controlled under the requirements of this sectionwill 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 offive (5) years prior to the fabrication, erection, or installation of the process or production unit that the existing emission control equipment represented best available controltechnology (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 equipmentwill 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 determinesthat 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 tothe 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 toxicrule MACT determination is no longer adequate, the permitting authority has deter mined

CODE OF STATE REGULATIONS 53 J ASON K ANDER (2/29/16) 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 10-6that the level of control required by that prior determination remains adequate; 6. The requirements of section (6) of this rule are met; and7. 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 permitfor 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 theemission 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 authorityshall achieve the maximum degree of reduction in emissions of HAPs which can beachieved by utilizing those control technologies that can be identified from the available information, taking into consideration the costs of achieving such emission reductionand 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, oroperational 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 isrequired, 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 ratefor 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 intons/year at expected and maximum utilization of capacity, to the extent this informationis 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 oroperator 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 permittingauthority’s intent to disapprove the application, additional information or argumentspertaining 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 willeither 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 thepermitting 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 MACTemission limitation (or a MACT work practice standard if the permitting authority determines it is not feasible to prescribe or enforcean emission standard) to control the emissions of HAP. (II) Such construction permit willspecify any notification, operation and maintenance, performance testing, monitoring, reporting, and record-keeping requirements. Such construction permit shall include: (a) In addition to the MACTemission 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) J ASON K ANDER 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 reportingperiod. Such monitoring data shall be of sufficient quality to be used as a basis forenforcing all applicable requirements including emission limitations; and (d) A statement requiring theowner 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. Ho wever, 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 permittingauthority shall send a copy of the final construction permit or other notice of approvalissued to the administrator through the appropriate regional office, and to all other stateand local air pollution control agencies having jurisdiction in affected states. G. Compliance date. On and after thedate 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 orreconstructed 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) ofthe 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 obtaineda 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) ofthe 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 beensubject to a prior case-by-case MACT determination pursuant to this section, and theowner 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, toincorporate 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 sourceswhich 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 thatevent, 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 obtaineda 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 anemission 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 ofsources 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 controlrequired 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 tosuch 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 apermit 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 insubsection (10)(A) of this rule must be submitted by the applicant. 3. The applicant shall submit fees forthe 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 permitbeing 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

CODE OF STATE REGULATIONS 55 J ASON K ANDER (2/29/16) 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/hrhave been paid.4. In addition to permit filing and processing fees, the applicant shall pay for any publication of notice required and shall payfor 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 finalizedpermit, 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, tothe 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 thistype 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 ave rage Nitrogen dioxide 14, annual
Particulate matter—

2.5 micron (PM 2.5 ) 4, 24-hour Particulate matter— 10 micron (PM 10 ) 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, ormore, 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 ave rage 18 hourly observations (daily) Monthly 21 daily ave rages Quarterly 1 3 consecutive monthly

averages Yearly 2 11 monthly ave rages

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 SO
2 1.0 5 25
PM 10 1.0 5
PM 2.5 0.3 1.2 NO
2 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) J ASON K ANDER 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, theapplicant 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. Ho wever, nothing in this subsection shall prevent the permittingauthority from requesting additional information that is reasonably necessary to process the application. (I) The permitting authority shallmaintain 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 tobe 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 thoseportions of the existing permit (and the permit application and any permit amendment) that describe products, processes, operations, and emissions. The applicant must identifyspecifically 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 differfrom those in the previous permit or application. C. Confidential information. Anapplicant 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 incorrectsubmittal, 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 andrequired information. The director will provide a standard application pac kage for applicant’s use. An applicant shall submit an application pac kage consisting of the standard application form and Emissions Information for Construction Permit Application. After the effective date of this rule, any revision tothe department-supplied forms will be presented to the regulated community for a forty-five (45)-day comment period. The application pac kage 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) shallrequire 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 shalldescribe all emissions of regulated air pollutants emitted from each emissions unit, except as provided for by this section. Theinstallation 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 insuch 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 descriptionof 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 submittedpursuant 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 aresponsible 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 onethousand dollars ($1,000) and in one thousand-dollar ($1,000) increments after that.

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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 10-68. Public participation. For all applications for sources that emit five (5) or more tons of lead per year, or that contain goodengineering 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 willmake 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 completeapplication, 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 permittingauthority 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; andJ. 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 legaland factual basis for the draft permit conditions (including references to applicablestatutory 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 afterreceipt 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 aproposed 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 publicreview 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 tothe 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 beforethe time that the permitting authority provides notice to the public. Affected statesmay 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 proposedpermit 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 theend 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 requirementsthat 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 publiccomment 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 theoperating permit will be reopened immediately to incorporate the new requirements andstating 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, withoutincorporating the new requirements, the permitting authority, within thirty (30) days after the new requirements become applicable tothe source, shall institute proceedings pursuant to this section to reopen the permit to

58 CODE OF STATE REGULATIONS (2/29/16) J ASON K ANDER Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissionincorporate 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 proposedpermit 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 anddecline 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 permitshould be approved, approved with conditions, or denied, the permitting authority shall notify the applicant in writing of thefinal 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 beenreceived 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 thatthe 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 beissued 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 hundredeighty-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 adraft permit and solicit comments by publishing a notice in a newspaper of general circulation within or nearest to the county inwhich the project is proposed to be constructed or operated. The public notice shalldescribe 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 ofthe 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 determinedfor the project (where appropriate). The public notice shall also include degree of increment consumption, when appropriate, thepermitting 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 belocated 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 anyinterested person may submit relevant information materials and views to the permittingauthority, in writing, until the end of the fortieth day after the date of publication of the notice for public hearing. The notice shallfurther state that a copy of materials submitted by the applicant and used in making thepreliminary determination, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination areavailable 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 preliminaryreview 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 theregional office in the region in which the proposed installation or major modification would be constructed, as well as in the AirPollution 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 havingcognizance 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 region al 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 applicantresponse. 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

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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 10-6written 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 prehearinginformation 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 pursuantto 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 permittingauthority 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 inparagraph (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, thepermitting 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 includeall 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 toany 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, thepermitting authority shall so indicate the dissatisfaction in the public notice of hearing. With this condition, the public notice alsoshall 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 thefinal 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 laterthan 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 mayemploy 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 wouldnot, 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 statethat 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 contributeto an unreasonable risk to public health, welfare, or safety in its operation, function, or malfunction; orC. 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 ambientconcentrations 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) J ASON K ANDER Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation CommissionQuality 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 thepermitting authority, after notice and opportunity for public hearing, that the adjustmentis 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 Guidefor 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 willbe 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 authorityshall 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 shallexclude 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 sections2(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 emissionsfrom construction or other temporary emission-related activities, ho wever;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 morethan 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 thepublic 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 thechange 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 noadverse impact on the air quality-related values of any federal mandatory Class I area (including visibility), notwithstanding thatthe 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 ClassI 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 aremet, 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 whohas been denied an FLM’s certification pursuant to paragraph (12)(H)1. of this ruledemonstrates 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 theair 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 apublic 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 thepresident 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

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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 10-6conditions 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 allowableincreases 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 allowableincreases 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) ofthis 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 inthe 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 nation al 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 byparagraph (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 whoselands 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 forthe 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 thehearing 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 andto 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 substategeneral 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 beenapproved by the commission and the governor; (III) The redesignation has been approved by the governor after consultationwith 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 theclassification of any other area or any national ambient air quality standard; and (VI) Any permit application for any installation or major modification subject toprovisions established in accordance with subparagraph (12)(I)2.A. of this rule which could receive a permit only if the area in questionwere 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 notbe required to submit a hazardous air pollutant air quality analysis for applications having a maximum design capacity no more thanthe 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 modificationwill 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.

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## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission29, 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 ProgramAdvisory 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, 10CSR 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 equipmentis exempt from 10 CSR 10-6.060 if the equipment emits only combustion products, andthe 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 petroleumgas 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 hourcapacity provided the oven does not emit pollutants other than the combustion products and the oven is fired exclusively by naturalgas, 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 exclusivelyby 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 hourheat 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 livestockoperations, including animal feeding operations and concentrated animal feeding operations as those terms are defined by 40 CFR
122.23 and all manure sto rage and application systems associated with livestock markets or livestock operations, that were constructed on or before November 30, 2003. This exemptionincludes any change, installation, construction, or reconstruction of a pro cess, process equipment, emission unit, or air cleaning device after November 30, 2003, unless suchchange, installation, construction, or reconstruction involves an increase in the operation’s capacity to house or grow animals. E. Any grain handling, sto rage, 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 sto rage 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 leastfive 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 sto rage 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 sto rage 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 sto rage as a r esult of exceptional events (e.g., natural disasters or abundant harvests exceeding available sto rage capacity) that meets the following criteria: I. Outside sto rage structures shall have a crushed lime or concrete floor with retaining walls of either constructed metal or concrete block. These structuresmay 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 sto rage 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 consolidatedgranular 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, orwatered, 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;

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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

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 duringthe month, and the calculation showing compliance with the rolling ave rage emission limits of subparagraph (3)(B)3.D. of this rule; (III) A set of example calculationsshowing 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 sto rage and application system directly associated with the livestock markets or livestock operations such that these manure sto rage 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 otherdebris 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 sto rage area must include engineerednatural 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 beddingis 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 thatextend into the feeder to minimize dust generation;B. All facilities shall implement the following manure sto rage pr actices: (I) Buildings with flush all eys, 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 sto rage sy stem; (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 winddirection 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 sto rage sy stem unlessthe 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 unresolvedand 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 acivil or criminal penalty imposed for violations of the permit-by-rule; or (III) It is determined through a technical analysis that emissions from thesource interfere with the attainment or maintenance of ambient air quality standards. 2. Upon revocation of a permit-by-rulethe 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 shallalso report to the Air Pollution Control Program, no later than ten (10) days after the end of the month during which the operationexceeded 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 taminantsources which are required to obtain operating permits and establishes procedures forobtaining 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 theentire 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 EmissionUnits. The following installations and emission units are exempt from the requirements70 CODE OF STATE REGULATIONS (2/29/16) J ASON K ANDER 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 atpart 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 itis 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 sto rage 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 equipmentused for controlling radioactive air contaminants; 13. Recreational fireplaces; 14. Stacks or vents to prevent the escape of sewer gases through plumbing traps forsystems 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 hundredfifty (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 liquefiedpetroleum gas with a maximum rated capacity of less than twenty (20) million Btus perhour 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 thanfifty 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 thisexemption, 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 availableimmediately 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; and20. 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

oper ated in ways that are not addressed in, constrained by, or prohibited by the operating permit. (2) Definitions. (A) Part 70 installations—Installations towhich 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 orproduction 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 regulationmeans, for any air pollutant, that the pollutant is subject to either a provision in theClean 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, orrestrict 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 ofJuly 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 (CO 2 ) equivalent emissions; and B. The term tpy CO 2 equivalent emissions (CO 2 e) shall represent an amount ofGHGs emitted and shall be computed by multiplying the mass amount of emissions (tpy), for each of the six (6) greenhouse gases in thepollutant 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 CO 2 e. For purposes of this rule, prior to July 21, 2014,CODE OF STATE REGULATIONS 71 J ASON K ANDER (2/29/16) 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-fossilizedand 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 asdetermined 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 (PM 10 ) nonattainment areas classified as “serious,” sources with the potential to emit seventy (70) tpy or more of
PM 10 ; 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 requirementsuntil 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 allemissions 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 fallsunder 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; or3. 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 cove rage. 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 CFR63, 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. Ho wever, the part 70 permit for the affected emissionunit 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 stateinstallations 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 thanthirty (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; and5. 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 notifierpromptly of the deficiencies in the notification and shall specifically describe required revisions to the operating permit notification.

(D) Confidential Information. Operatingpermit notifiers may make claims of confidentiality pursuant to 10 CSR 10-6.210, forinformation 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. EffectiveJanuary 1, 2017, each operating permit notification must be accompanied by a five hundreddollar ($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 shallbe signed and certified by a responsible official that the information contained in them istrue, accurate, and complete based on information and belief formed after reasonable inquiry.

(G) Notification Contents. The permitting authority shall prepare and make available toall 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 theinstallation, 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 regardingthe installation’s plans to either attain compliance with these requirements within the time allowed by law or maintain compliance withthese 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; ho wever, citizens may appeal any action of the director. The general permit shall indicate a reasonabletime after which an installation that has submitted an application for authorization will be deemed to be authorized to operate under thegeneral permit. A general permit shall identify criteria by which installations may beauthorized 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; andC. 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 cove rageunder 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 andqualify under the specified general permit criteria. Installations applying for cove rage under a general permit must comply with all therequirements 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 deter mined 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 permitterm 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 makeany change in its permitted operations, activities, or emissions that are not addressed in, constrained by, or prohibited by the permitwithout 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 theoff-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 violateany existing permit term or condition; no permittee may change a permitted installation without a permit revision, even if the changeis 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 changesmade 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 similarminor 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 containinga specific date for transfer of permit responsibility, cove rage, 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 shalltake 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 foran 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 permitnotification 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’sacceptance of the operating permit, the permitting authority shall inform the installation of this requirement and direct the installationto 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, mayrequire 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

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## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissionreasonable times and upon the presentation of proper credentials. The owner or operatorwill 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 thissection 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 bythe 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 willbe submitted in duplicate. Intermediate installations shall file initial notifications/applications on the following schedule:(I) Initial notification. All installations shall file complete notifications by July1996, 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 betweenJuly 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 applicationno later than ninety (90) days after the commencement of operations. (c) If an installation already hasan 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 isissued 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 installationsubject 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 processingshall be submitted with the applicant’s construction permit application, or at a later timeas 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 permitapplication 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; andII. 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 deadlinesestablished 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. Ho wever, nothing in this subsection shall prevent the permitting authority from requesting additional information that isreasonably necessary to process the application. (III) The permitting authority shallmaintain 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 tobe complete, the permitting authority determines that additional information is necessary to evaluate or take final action on that application, the permitting authority mayrequest 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 applicantmay 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 ormodification 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 orapplications, 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 confidentialitypursuant to 10 CSR 10-6.210, for information submitted pursuant to this section. The applicant shall also submit a copy of this

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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 10-6information 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 basefee 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) (regard less 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 incorrectsubmittal, 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 andrequired information. The permitting authority shall prepare and make available to allintermediate 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 unitat 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 pac kage consisting of the standard application form, emission inventory questionnaire, complianceplan, 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 andshall contain the following language: “I certify, based on information and belief formed after reasonable inquiry, the statements andinformation 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 thissection 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 forenforcement 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 terminatedfor cause. Except as provided for minor permit modifications, the filing of an applicationor 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 whethercause 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 maymake 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. Withrespect to reporting, the permit shall incorporate all applicable reporting requirements and require the following: (I) The frequency the permitteeshall 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;

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## 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 andconditions for reasonably anticipated operating scenarios identified by the applicant andapproved by the permitting authority. The permit shall authorize the permittee to makechanges among alternative operating scenarios authorized in the permit without notice,but shall require the permittee, contemporaneous with changing from one (1) operating

sce nario 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 thissection of the rule, designed to limit an installation’s potential to emit, shall be designated federally-enforceable by the permittingauthority. Any terms and conditions so designated are required to— A. Be at least as stringent as any otherapplicable limitations and requirements contained in the implementation plan or enforceable under the implementation plan. The permitting authority may not waive or make lessstringent 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 ofcompliance 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 whichan installation that has submitted an application for authorization will be deemed to beauthorized to operate under the general permit. A general permit shall identify criteria by which installations may be authorized tooperate under the general permit. This criteria must include the following: (I) Categories of sources covered by the general permit must be homogeneousin 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. Generalpermit applications may deviate from individual permit applications but shall include allinformation necessary to determine qualification for, and to assure compliance with, the general permit. The permitting authority shall authorize cove rage 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 generalpermit, the permitting authority may authorize an installation to operate under generalpermit terms and conditions without repeating the public participation procedures. D. Enforcement. The source shall be subject to enforcement actions for operatingwithout 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 installationmay 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 maynot 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 writtennotice 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 changesmade 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 shallbe 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 renewalapplications 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 anintermediate permit is issued, even if the permitting authority does not act within the timeframes 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.

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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 10-6C. Following the end of the public comment period, the permitting authorityshall 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 uponthe expiration of the permit, unless a complete permit renewal application is submittedat 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 theterm 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 asany 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 madein establishing the emissions limitations standards or other terms of the permit;(II) Additional applicable requirements under the Act become applicable to the installation; ho wever, r eopening on thisground 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 permitmust be reopened and revised to assure compliance with applicable requirements. B. The notices, procedures forissuance, 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. Theadministrator 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 whichsubmitted 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 ofthis 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 aspecific 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 theadministrator’s approval of the operating permit program. IV. The permitting authoritymay exercise discretion in reassigning applicants on the registry by accepting applicants after the close of the registry, and taking into consideration staff resources, complexity ofapplicant’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 firstyear 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 theadministrator’s approval of the operating permit program or the commencement of operations, whichever is later. (III) A complete initial applicationfiled at any time shall be accepted for processing. Ho wever, acceptance of an application does not relieve the applicant of his/herliability 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 aunified review. An operating permit application submitted for concurrent processingshall 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. Aninstallation that is required to obtain a construction permit under 10 CSR 10-6.060 and who, in writing, has not chosen to undergounified 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 permittingauthority by January 1, 1996, for sulfur dioxide, and by January 1, 1998 for nitrogen oxides. B. Complete application.

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## 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. Ho wever, nothing in this subsection shall prevent the permitting authority fromrequesting additional information that is reasonably necessary to process the application. (III) The permitting authority shallmaintain 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 tobe complete, the permitting authority determines that additional information is necessary to evaluate or take final action on that application, the permitting authority mayrequest 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 applicantmay 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 ormodification 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 orapplications, 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 anapplicant 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 incorrectsubmittal, 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 andrequired information. An applicant shall submit an application pac kage consisting of the standard application form, emission inventoryquestionnaire, compliance plan, and compliance certification. The application pac kagemust include all information needed to determine applicable requirements. The application
must include information needed to determinethe applicability of any applicable requirement. The applicant shall submit the information called for by the application form for eachemissions 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. Theinstallation shall provide a list of any insignificant activities that are exempt because of size or produc tion rate. Any insignificant activity required to be listed in the application also must list the approximate number of activities included (for example, twenty (20) leakyvalves) 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 (andany attachments) shall require that the following information be provided:A. Identifying information. The applicant’s company name and address (or plantname and address if different from the company name), the owner’s name and state registered agent, and the telephone number andname 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;

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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

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, andall emissions of any other regulated air pollutants. The permit application shall describeall 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 descriptionof 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 (includinginformation 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 determiningcompliance 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 thatsuch an alternative limit or means of compliance be specified in the permit. The applicant must demonstrate that any such alternative is quantifiable, accountable, enforceable, andbased 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 anticipatedoperating scenarios identified by the applicant for emissions trading or to define permitterms 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 installationwill 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 achievecompliance 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 keepingand 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; andK. Acid rain information. Nationallystandardized forms for acid rain portions of permit applications and compliance plansshall 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

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## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissionofficial of truth, accuracy, and completeness. This certification, and any other certification, shall be signed by a responsible official andshall contain the following language: “I certify, based on information and belief formed after reasonable inquiry, the statements andinformation 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. Everyoperating 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 theinstallation 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 eachterm or condition and shall identify any difference in form as compared to the applicablerequirement 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 thepermit and shall be enforceable by the administrator. (III) If the implementation plan orother applicable requirement allows an installation to comply through an alternative emissions limit or means of compliance and the applicant requests that this alternative limit ormeans 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 upondemonstrating 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 keepingdesigned to serve as monitoring), then periodic monitoring sufficient to yield reliabledata 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 whereappropriate, 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 definedin 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 conditionsas existing at the time of sampling or measurement; (b) Retention of records.
I. Retention of records of allrequired monitoring data and support information for a period of at least five (5) yearsfrom the date of the monitoring sample, measurement, report, or application. Support
information includes all calibration and maintenance records and all original strip-chartrecordings when used for continuous monitoring instrumentation, and copies of allreports 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, thepermit 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 reportsrequired 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 shallidentify 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 thedeviations and any corrective actions or preventative measures taken. I. Notice of any deviationresulting 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 thatindicate 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 thatduring 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. Thenotice 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 10-6reported 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, exceptthat, 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 orsupplemental 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 riskmanagement 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 holdsunder 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, ho wever, 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 renewalapplication. 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 terminatedfor cause. Except as provided for minor permit modifications, the filing of an applicationor 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 whethercause 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 maymake 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 madeunder 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 andconditions for reasonably anticipated operating scenarios identified by the applicant and approved by the permitting authority. The permit shall authorize the permittee to makechanges 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 theapplicable requirements provide for the trading of increases and decreases without caseby-case approval of each emissions trade.
These terms and con ditions 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, bythe 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 Actany 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 enforceableby the administrator or by citizens under section 304 of the Act. Terms and conditions sodesignated 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 theelements 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 responsibleofficial as to the results of the required monitoring.

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## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation CommissionB. 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 ofthe 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 monitoringand 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 reasonabletimes, 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 notor 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 monitoringcompliance 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 publicparticipation under subsection (6)(F) and section (7). The general permit shall indicate a
reasonable time after which an installationthat has submitted an application for authorization will be deemed to be authorized to operate under the general permit. A generalpermit 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 homogeneousin 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. Generalpermit applications may deviate from individual part 70 permit applications but shallinclude all information necessary to determine qualification for, and to assure compliance with, the general permit. The permitting authority shall authorize cove rage by the conditions and terms of a general permit to all installations that apply for and qualify underthe specified general permit criteria. Installations applying for cove rage 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 generalpermit, the permitting authority may authorize an installation to operate under generalpermit 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 provi sions of paragraph (6)(C)6. of this rule, an installation authorized to operate under a general permit is subject toenforcement for operating without an individual part 70 operating permit if the installationis 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 thesame 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 sourcesshall 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 com pliance 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 10-6conditions 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, inacting on the permit revision or permit application, determines in writing that other requirements, as specifically identified in the permit, are not applicable to the installationand 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 ofthe 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 orupset means any condition arising from sudden and not reasonably foreseeable events beyond the control of the permittee, includingacts of God, which require immediate corrective action to restore normal operation and
that causes the installation to exceed a technology-based emission limitation under thepermit 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 toan enforcement action brought for noncompliance with technology-based emissions limitations. To establish an emergency- or upsetbased defense, the permittee mustdemonstrate, 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, anysteps 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 notrequired to apply for or obtain a permit revision in order to make any of the changes tothe 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. Theinstallation 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 meansa federally-enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practicestandard) 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 forchanges 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 beprovided 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 needto 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 andconditions 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 tobe 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 theapplicable requirement authorizing the emissions trade. (II) The permit shield shall not apply to these changes. Compliance will beassessed 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 thepurpose 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 thesource will comply through emissions trading, and any other information as may berequired 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) J ASON K ANDER Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissiona part 70 permitted installation may make anychange in its permitted installation’s operations, activities, or emissions that is not addressed in, constrained by, or prohibited bythe 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 maynot 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 inemissions, 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, unlessthe 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 issuedto the applicant and the applicant may commence construction. The operating permit orits 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 orits amendment. The permittee shall also provide information identifying any applicablerequirements which became applicable subsequent to issuance of the operating permit. Within thirty (30) days after the applicant’srequest 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 com plete within sixty (60) days afterreceipt, 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 renewalfor public comment, in accordance with section (7). The draft shall be accompanied by a statement setting forth the legal and factualbasis 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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## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6applicable 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 publiccomment 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 permittingauthority may include in the permit a provision stating that the permit is reopened upon issuance or validation to incorporate the newrequirements and stating that the new requirements are excluded from the protection of the permit shield. If the permitting authorityelects to issue the permit without incorporating the new requirements, the permitting authority shall institute, within thirty (30) days after the new requirements becomeapplicable 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 theadministrator 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 permittingauthority 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, permitmodification, 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 permittingauthority 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 tothe 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. Exceptas provided in this subsection (6)(E), the permitting authority shall take final action oneach application for a part 70 operating permit within eighteen (18) months after receiving a complete application. Final action oneach application for a significant permit modification or permit renewal shall be takenwithin six (6) months after receipt of a complete application. For each application, thepermitting 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 shalltake action on any permit, permit modification, or permit renewal issued in compliance with rules promulgated under Title IV or V ofthe 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 Cand 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 maygive 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 failureto 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, subsequentto a completeness determination, the applicant fails to submit, by the deadline specified in writing by the permitting authority, anyadditional 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 withinthe 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 therequirement, 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, thatapply 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 uponthe expiration of the permit, unless a complete permit renewal application is submittedat 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 theterm of the previous permit, the previous permit shall not expire until the renewal permitis issued or denied. Any permit shield granted under the previous permit shall continue in effect during this period of time. Ho wever, 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 similarminor 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 installationwhere no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, cove rage, and liability betweenthe current and new permittee must be submitted to the permitting authority; and/or (V) Incorporates in the part 70operating 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 shalltake 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 anadministrative permit amendment immediately upon submittal of the request.D. Permit shield applicable. The permitting authority, upon taking final actiongranting a request for an administrative permit amendment, shall allow cove rage 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 amendmentunder 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-specificdetermination 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 anapplicable 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. ofthis 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 applicableimplementation 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; andIV. Completed forms to enable the permitting authority to notify the
administrator and affected states. (b) The permitting authority will notify the administrator and affected stateswithin 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)-dayreview period, whichever is later, the permitting authority shall—I. Issue the permit modification as proposed;II. Deny the permit modification;
III. Determine that therequested 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 theproposed 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. Ho wever, 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.86 CODE OF STATE REGULATIONS (2/29/16) J ASON K ANDER Secretary of State 

## 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 achange 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 listdeveloped by the permitting authority, including those who request in writing to be on the list; (b) The notice shall identify: theinstallation; 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 thesource’s minor permit modification application; ho wever, 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 theemissions 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 applicationrequesting 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 notifiedthe administrator of the proposed modification. This notification need only contain abrief 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 ofan application demonstrating that the aggregate of an installation’s pending applicationsequals 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 ofthe proposed permit modifications. The permitting authority shall send any notice required to the administrator. (IV) Timetable for issuance. Theprovisions of this section shall apply to modifications eligible for group processing, except that the permitting authority shall takeone (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 inmonitoring, 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 participationunder 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 bestayed pending judicial review of that determination; (II) The permitting authority or theadministrator 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; ho wever, r eopening 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 affectedsource 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. Whilea 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, thesuspension 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 permittingauthority 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 followingreceipt of the notification from the administrator, the permitting authority shall issue and forward to the administrator a proposeddetermination 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 termsand 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 activityendangers 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 paya civil or criminal penalty imposed for violations of the permit. B. Notice to permittee. Upon findingthat 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 writtencomments concerning the proposed revocation. If the permitting authority after thatmakes a final determination to revoke the permit, it shall provide a written notice to thepermittee 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. Apermittee may apply at any time for termination of all or a portion of its part 70 operatingpermit 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 permittingauthority 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, andemissions 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 thecomplete 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 cove rage. The permitting authority shall act on an application for termination on this ground within ninety (90) days after receipt, and shall grant theapplication upon a finding that the permittee’s installation’s operations, activities, and

CODE OF STATE REGULATIONS 87 J ASON K ANDER (2/29/16) 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 10-688 CODE OF STATE REGULATIONS (2/29/16) J ASON K ANDER Secretary of State 

## 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 permittingauthority 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 andother 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 theapplicant 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 ingranting or denying an application for a permit, permit amendment, or modification or permit renewal shall be subject to MissouriAir 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 thepermittee 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 casethe 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 orduring 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 authorityto 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 inan 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 finaloperating 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 toan objection of the administrator by transmitting a revised draft permit, modified permit, or renewal permit within ninety (90) daysafter 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. Ifthe administrator does not object to a proposed permit action, any person may petition the administrator to make an objection withinsixty (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 thesecircumstances, the petition to the administrator does not stay the effectiveness of the issued permit, and the permittee shall not bein 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 statesmay 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 proposedpermit 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 permitmodification 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 permitrenewal for the administrator’s review, the permitting authority shall issue a draft permit and solicit comment from the appli cant, 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 submittedother 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 circulationin 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 besent 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, thename 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 hearingidentifies 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 deadlinefor 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 writtencomments 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 finaldetermination and issuing the proposed permit, modified permit, or permit renewal for the administrator’s review. The permittingauthority shall maintain a list of all commenters and a summary of the issues raised
and shall make that information available inthe public file and supply it to the administrator upon request.

(H) Written Response to Comments. At thetime a draft permit, modified permit, or permit renewal is proposed for the administrator’s review, the permitting authority shallissue 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 theentire 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); and4. 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 exemptionsgranted 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 berequired 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, agen cies, and

CODE OF STATE REGULATIONS 89 J ASON K ANDER (2/29/16) 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 of November, 2015:

10 CSR 10-6.060 (amendment) Construction Permits Required

, Chairman

, Vice Chairman

# ---=**C"(ft ,** **...:.....J t.......::.** **, !.:::..** **p..... K** **------=:::: -=~**  ____ , 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 of November, 2015:

10 CSR 10-6.065 (amendment) Operating Permits

, Chairman

, Vice Chairman

, Member

, Member

, Member

, MemberMissouri 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  Program Home Page

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## Contact Information

Air Pollution Control Program

P.O. Box 176 Jefferson City, MO 65102

800-361-4827

573-751-4817

Contact Us

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Meet the Air Pollution Control Program DirectorMissouri 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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## 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 em ail bulletin sent by Cheri Bechtel.

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MISSOURI AIR CONSER VATION COMMISSION
WILL HOLD PUBLIC HEARING

JEFFERSON CITY, MO -- The Missouri Air Conser vation Commission will hol d a public hearing on Thursday, 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 fo llowing proposed action(s):

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

This proposed amendment will change the cons truction permit fee stru cture 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 cons truction permits from $100 to $5,000 per application;

 

## Increases the construction permit processi ng 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 pr oposing to clarify that the constr uction 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 ot her related activities. The Air Program intends for this increase to constr uction permits to cover a reasonable portion of the costs related to permitting. If these fee change s become effective on January 1, 2017, construction permit applicants will be subject to the new filing fees for applic ations submitted after December 31, 2016. If the new processing fee of $75 per hour beco mes 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 ope rating 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 operat ing permit fees from $100 to various amounts based on the complexity of the permit. The to tal 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 remo ve the incinerator appl icability language in subsection (1)(B) that requires all owners or operator s 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 incr ease 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 ope rating 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 De partment’s intention to submit the action(s) to the U.S. Environmental Protection Agency to be incl uded in Missouri’s State Implementation Plan unless
otherwise noted above.

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

The Department will accept written or email comme nts for the record until 5 p.m. on November 5, 2015. Please send written comments to Chief, Air Quality Planning Section, Air Polluti on Control Program, P.O. Box 176, Jefferson City, MO 65102-0176. Email comments ma y 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 th e Missouri Air Conservation Commission, Missouri Department of Natural Resour ces, Air Pollution Control Program, P.O. Box 176, Jefferson City, Missouri 65102-0176, or telephone ( 573) 751-7840. The Department requests persons intending to give verbal presenta tions also provide a wr itten copy of their testimony to the commission secretary at the time of the public hearing.

Persons with disabilities requiring special services or accommodations to attend the meeting can make arrangements by calling the Program di rectly at (573) 751-4817, the Divisi on of Environmental Quality's toll3 

## free number at (800) 361-4827, or by writing two weeks in advance of the meeting to: Missouri Department of Natural Resources, Air Conservation Commissi on Secretary, P.O. Box 176, Jefferson City, MO 65102. Hearing impaired persons may contact the program through Relay Missouri, (800) 735-2966.

Update your subscriptions, modify your password or email address, or st op subscriptions at any time on your Subscriber Preferences Page . You will need to use your email addre ss to log in. If you have questions or

p roblems with the subscription service, please contact subscriberhelp.govdelivery.com

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This service is provide d 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

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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

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 StateImplementation 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 certainsources 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 SourceRelocation 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 ofMissouri. 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 portableequipment to a site that is listed on the permit or on the amended permit (provided other sources are not approved to operate at the samelocation), 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 nomore than twenty-four (24) consecutive months without an intervening relocation.

(10) Permit [Amendments and] Fees and Amendments

.

(A) Permit Fees. 

# U nder 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 acitation to the legal authority to make rules. This appears following the text of the rule, after the word “Authority.” 

# E ntirely 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. 

# A n important function of the Missouri Register is to solicit and 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 agencywithin a specified time, no less than thirty (30) days after publication of the notice in the Missouri Register

. 

# A n 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 tosubmit 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 untilpayment 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 ofany 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 theoriginal 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 ifthe 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, areincorporated 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 andconditions 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 incorrectinformation 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 applicationis 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 pac kage for applicant’ s

use . An applicant shall submit an application pac kage 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 pac kage must include all information needed to 

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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/hrdetermine 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 nameand 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 pollutantsemitted 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 permittingauthority’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 aresponsible 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 oninformation 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] t he 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 emitfive (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 reviewdescribed 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 permittingauthority 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 inthis 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 toapplicable 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 afterreceipt 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) daysafter expiration of the administrator’s forty-five (45)-day review period. I. This petition may only be based on objectionsraised 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 reviewperiod, 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 petitionto 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 permittingauthority 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 theaffected 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 issuanceof the permit unduly, the permitting authority may include in the proposed or final permit, or both, a provision stating that the operatingpermit 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 notobject 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 proposedpermit 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 permittingauthority 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) calendardays 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. Thepermit 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 . Originalrule 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.September 15, 2015 Vol. 40, No. 18 

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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

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 part70 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 atiered 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 keepthe Air Pollution Control Program solvent and able to continue to provide the level of services and activities required to be the implementingagency 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) Incine rators. This rule shall apply to all incine rators.] [(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 whendetermining 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 sto rageand 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 definedas 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) yearsto 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 operatea 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 oper ated 

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(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 rulefor 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 part70 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 maysubmit 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; andII. 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 theextent 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. Ho wever, 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 beendetermined 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 requestthis 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 whichthose 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 claimsof confidentiality pursuant to 10 CSR 10-6.210, for information submitted pursuant to this section. The applicant shall also submit acopy 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, thefiling fee is determined using a tiered system based on the complexity of the permit. The total filing fee is the base fee added tothe 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) (regard less 

## Page 1156 Proposed Rules September 15, 2015 Vol. 40, No. 18of 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 processesand 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 timeallowed by law or maintain compliance with these requirements during the operating permit period. An applicant shall submit an application pac kage 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 formedafter 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 maintaina 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 yearfor 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 operatingpermit 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. Ho wever, 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 concurrentprocessing 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 

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### 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 submitapplications 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 theextent 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. Ho wever, 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 beendetermined 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 requestthis 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 whichthose 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, thefiling fee is determined using a tiered system based on the complexity of the permit. The total filing fee is the base fee added tothe 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 permitapplication, 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 pac kage consisting of the standard application form, emission inventory questionnaire, compliance plan, and compliance certification. The application pac kage must include allinformation needed to determine applicable requirements. The application must include information needed to determine the applicabilityof 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. Anactivity 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 produc tion rate. Any 

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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 ofany 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 nameand 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 IndustrialClassification 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 isa 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, insufficient 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 todetermine 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 applicablerequirement (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 testmethod 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 applicantshall 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 permittingauthority, 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 theinstallation 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 applicablerequirements 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 anenforceable sequence of actions, with milestones, leading to compliance. (This compliance schedule shall resemble and be equivalent instringency 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 inthis 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 applicablerequirements 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 compliancestatus with respect to any applicable enhanced monitoring and compliance certification requirements of the Act; and 

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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 . Originalrule 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 costis 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.

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### 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 NaturalResources’ 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 stafffor 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 ofthese 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 receiptof 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 

# T his section will contain the final text of the rules proposedby 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 proposedrulemaking 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 lessthan thirty (30) days after the date of publication of the revision to the Code of State Regulations

. 

# T he agency is also required to make a brief summary of the 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 M ISSOURI R EGISTER

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/hr1. All installations or source operations requiring permits under this rule must submit the application with a permit filing fee to thepermitting 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 untilpayment 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 ofany 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 theoriginal 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 theyears 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 textof 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 ControlProgram 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 fol lows: 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 madeat 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; thereference 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 nottimely, 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 madeat 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. 

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### 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 (NO
x 

## ) 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 NO
x 

## 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
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 **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 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.

(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 (PM 2 .5 

## ) 4, 24-hour Particulate matter—10 micron (PM 1 0 

## ) 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 Perio d**  **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 Perio d**  **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 Quarterly 1 

## 3 consecutive monthly averages Yearly 2 

## 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 2**  **4 8**  **3 1** 

SO 2 

## 1.0 5 25

PM 10 

## 1.0 5

PM 2.5 

## 0.3 1.2

NO 2 

## 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

23C. 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. The **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.

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 thisrule, 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

352. 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 theincrease 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 ormajor 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 avariance 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**  **T errain 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 D**  **escription**
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.

( 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 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 byaccepting 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 (PM 10 

## ) nonattainment areas classified as “serious,” sources with the potential to emit seventy (70) tpy or more of PM 10 

## ;

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 B**  **ase 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 C**  **alculation**

**Number per**
**installation x**  **Fee =**  **Additional**

**c omplexity 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 aninstallation’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 orprohibited 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 atthe 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 B**  **ase 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 C**  **alculation**

**Number per**
**installation x**  **Fee =**  **Additional**

**c omplexity 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 violateapplicable 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.

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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;

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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

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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

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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

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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.

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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.

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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.

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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

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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.

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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

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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.