AUG 8 2011 

Mr. Karl Brooks 

Regional Administrator 

U.S. EPA, Region VII 

901 North Fifth Street 

Kansas City, KS 66101 Dear Mr. Brooks: 

AUG 1 2 2011 

APCO 

The Missouri Air Conservation Commission has recently revised or promulgated the 

following regulation(s) for the Missouri State Implementation Plan (SIP). The following is 

enclosed for your review: 

10 CSR 10-6.060 Construction Permits Required 

This rule amendment incorporates federal permitting requirements that will cover new construction projects that emit 100,000 tons per year or more of greenhouse gases and 

clarifies rule text. 

10 CSR 10-6.300 Conformity of General Federal Actions to State Implementation Plans 

This rule amendment updates the state general conformity rule to bring it into compliance 

with the recently amended federal general conformity rule. 

The commission adopted the enclosed rule action(s) on Apri128, 2011, after considering 

comments received at public hearing. 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. 

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

Protection Agency amend the SIP to replace the current rule(s) in the SIP. 
Sincerely, 

AIR POLLUTION CONTROL PROGRAM 

K~;i 

Interim Director 

KLM:spk 

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 newspaper notices 

Copy of public hearing transcript introductory statement 

Copy ofMO Reg order ofrulemaking with comments/responses 

c: Missouri Air Conservation Commission 
SE: This rule is necessary to 

federal lean Air Act requirements 

liance certification meth s and to 

e enforceability of the s te implelan. This rule does th by establishing a ethodology for identi ing acceptable testin monitoring or info 

(3) General Prov1 ions. 

(A) Compli Certiti ations. Regardless 

of any other provi 'on i any plan approved 

by the administrato fo the purpose of submission of complian ertificates the owner 

or operator is not p 1bited from using the 

following in addition any specified compliance methods: 

1. Monitoring 

CPR part64; 

2. Monitori . 

onitoring methods outlin 

64; 

A monitoring method app 

the s urce pursuant to 10 CSR 10 

Ope ting Permits, and incorporated i 

ope ting permit; and 

136 

3. Compliance test methods specifi 

le cited as the authority for the emis 

itations. 

and Record Keeping. (M 

10 CSR 10...6.300 Conformity of General 

Federal Actions to State Implementation 

Plans 

PURPOSE: This ·rule implements section 

176(c) of the Clean Air Act, as amended (42 

U.S. C. 7401-7671q.), and regulations under 

40 CFR 93, Subpart B, with respect to the 

conformity of general federal actions to the 

applicable implementation plan. Under those 

authorities, no department, agency, or instrumentality of the federal government shall 

engage in, support in any way or provide 

financial assistance for, license or permit, or 

approve any activity which does not conform 

to an applicable implementation plan. This 

rule sets forth policy, criteria, and procedures for demonstrating and assuring conformity of such actions to the applicable implementation plan. This rule applies to all areas 

in the state of Missouri which are designated 

as nonattainment or maintenance for any criteria pollutant or standard for which there is 

a national ambient air quality standard. 

(1) Applicability. 

(A) Conformity determinations for federal 

actions related to transportation plans, programs, and projects developed, funded, or 

approved under Title 23 U.S.C. or the Federal Transit Act (49 U S.C. 1601 et seq.) 

must meet the procedures and criteria of 10 

CSR 10-2.390 and lO CSR 10-5.480 in lieu 

of the procedures set forth in this rule. 

(B) For federal actions not covered by subsection (l)(A) of this rule, a conformity 

determination is required for each criteria 

pollutant or precursor where the total of 

CODE OF STATE REGULATIONS 

this rule, the following rates apply in nonattainment areas (NAAs): 

!I 

l5 

II 

1DIJ 

IW 

I ill 

2. For purposes of subsection (1)(B) of 

this rule, the following rates apply in maintenance areas: 

(C) The requirements of this rule shall not 

apply to the following federal actions1. Actions where the total of direct and 

indirect emissions are below the emissions 

levels specified in subsection (1 )(B) of this 

rule; 

2. The following actions which would 

result in no emissions increase or an increase 

(7131/11) ROBIN CARNAHAN 

Secretary of State 
y 

g 

C. Rulemaking and policy development and issuance; 

D. Routine maintenance and repair 

activities, including repair and maintenance 

of administrative sites, roads, trails, and facilities; 

E. Civil and criminal enforcement 

activities, such as investigations, audits, 

inspections, examinations, prosecutions, and 

the training of law enforcement personnel; 

F. Administrative actions such as personnel actions, organizational changes, debt 

management or collection, cash management, 

internal agency audits, program budget proposals, and matters relating to the administration and collection of taxes, duties, and 

fees; 

G. Routine, recurring transportation 

of material and personnel; 

H. Routine movement of mobile 

assets, such as ships and aircraft, in-home 

port reassignments, and stations (when no 

new support facilities or personnel are 

required) to perform as operational groups or 

for repair or overhaul; 

I. Maintenance dredging and debris 

disposal where no new depths are required, 

applicable permits are secured, and disposal 

will be at an approved disposal site; 

J. Actions with respect to existing 

structures, properties, facilities, and lands 

where future activities conducted will be similar in scope and operation to activities currently being conducted at the existing structures, properties, facilities, and lands; actions 

such as relocation of personnel, disposition of 

federally-owned existing structures, properties, facilities, and lands, rent subsidies, oper- . arion and maintenance cost subsidies, the 

exercise of receivership or conservatorship 

authority, assistance in purchasing structures, 

and the production of coins and currency; 

K. Granting of leases, licenses such 

as for exports and trade, permits, and easements where activities conducted will be similar in scope and operation to activities currently being conducted; 

L. Planning, studies, and provision of 

technical assistance; 

M. Routine operation of facilities, 

mobile assets, and equipment; 

N. Transfers of ownership, interests, 

and titles in land, facilities, and real and personal properties, regardless of the form or 

method of the transfer; 

ROBIN CARNAHAN (7/31/11) 

Secretary of State 

p

examination of depository institutions or 

depository institution holding companies, access to the discount window, or the provision of financial services to banking organizations or to any department, agency, or 

instrumentality of the Umted States; 

Q. Actions by the Board of Governors 

of the Federal Reserve System or any federal 

reserve bank to effect monetary or exchange 

rate policy; 

R. Actions that implement a foreignaffairs function of the United States; 

S. Actions (or portions thereof) associated with transfers of land, facilities, title, 

and real properties through an enforceable 

contract or lease agreement where the delivery of the deed is required to occur promptly 

after a specific, reasonable condition is met, 

such as promptly after the land is certified as 

meeting the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and 

where the federal agency does not retain continuing authority to control emissions associated with the lands, facilities, title, or real 

properties; 

'f. Transfers of real property, including land, facilities, and related personal property from a federal entity to another federal 

entity and assignments of real property, 

including land, facilities, and related personal property from a federal entity to another 

federal entity for subsequent deeding to eligible applicants; 

U. Actions by the Department of the 

Treasury to effect fiscal policy and to exercise 

the borrowing authority of the United States; 

and 

V. Air traffic control activities and 

adopting approach, departure, and enroute 

procedures for aircraft operations above the 

mixing height specified in the applicable 

State Implementation Plan (SIP) or 1iibal 

Implementation Plan (TIP). Where the applicable SIP or TIP does not specify a mixing 

height, the federal agency can use the three 

thousand feet (3,000') above ground level as 

a default mixing height, unless the agency 

demonstrates that use of a different mixing 

height is appropriate because the change in 

emissions at and above that height caused by 

the federal action is de minimis; 

3. Actions where the emissions are not 

reasonably foreseeable, such as the following: 

CODE OF STATE REGULATIONS 

4. Actions which implement a decision 

to conduct or carry out a program that has 

been found to conform to the applicable 

implementation plan, such as prescribed 

burning actions which are consistent with a 

land management plan that has been found to 

conform to the applicable implementation 

plan. 

(D) Notwithstanding the other requirements of this rule, a conformity determination is not required for the following federal 

actions (or portion thereof): 

1. The portion of an action that includes 

major or minor new or modified stationary 

sources that require a permit under the new 

source review (NSR) program (section 110 

(a)(2)(c) and section 173 of the Clean Air Act 

(CAA)) or the prevention of significant deterioration (PSD) program (Title I, part C of 

the CAA); 

2. Actions in response to emergencies 

which are typically commenced on the order 

of hours or days after the emergency or disaster and, if applicable, which meet the 

requirements of subsection (1)(E) of this rule; 

3. Research, investigations, studies, 

demonstrations, or training other than those 

exempted under paragraph (1)(C)2. of this 

rule, where no environmental detriment is 

incurred or the particular action furthers air 

quality research, as determined by the department; 

4. Alteration and additions of existing 

structures as specifically required by new or 

existing applicable environmental legislation 

or environmental regulations (for example, 

hush houses for aircraft engines and scrubbers for air emissions); and 

5. Direct emissions from remedial and 

removal actions carried out under CERCLA 

and associated regulations to the extent such 

emissions either comply with the substantive 

requirements of the PSD/NSR permitting 

program or are exempted from other environmental regulation under the provisions of 

CERCLA and applicable regulations issued 

under CERCLA. 

(E) Federal actions which are part of a 

continuing response to an emergency or disaster under paragraph (1)(D)2. of this rule 

and which are to be taken more than six (6) 

months after the commencement of the 

response to the emergency or disaster under 

paragraph (1)(D)2. of this rule are exempt 

from the requirements of this rule only if137 
and welfare, national security interests, and 

foreign policy commitments; or 

2. For actions which are to be taken 

after those actions covered by paragraph 

(1)(E)l. of this rule, the federal agency 

makes a new determination as provided in 

paragraph (1)(E)l. of this rule andA. Provides a draft copy of the written determinations required to affected U.S. 

Environmental Protection Agency (EPA) 

regional office(s), the affected state(s) and/or 

air pollution control agencies, and any federal recognized Indian tribal government in the 

nonattainment or maintenance area. Those 

organizations must be allowed fifteen (15) days from the beginning of the extension period to comment on the draft determination; 

and 

B. Within thirty (30) days after making the determination, publishes a notice of 

the determination by placing a prominent 

advertisement in a daily newspaper of general circulation in the area affected by the 

action; and 

3. If additional actions are necessary in 

response to an emergency (Jr disaster under 

paragraph (1)(0)2. of this rule .beyond the 

specified time period in paragraph (1)(E)2. of 

this rule, a federal agency can make a new 

written determination as described in paragraph (l)(E)2. of this rule for as many six 

(6)-month periods as needed, but in no case 

shall this exemption extend beyond three (3) six (6)-month periods except where an agency provides information to EPA and the state 

or tribe stating that the conditions that gave 

rise to the emergency exemption continue to 

exist and how such conditions effectively prevent the agency from conducting a conformity evaluation. 

(F) Notwithstanding other requirements of 

this rule, actions specified by individual federal agencies that have met the criteria set 

forth in paragraphs (l)(G)1. through (l)(G)3. 

of this rule and the procedures set forth in 

subsection ( 1 )(H) of this rule are presumed to 

conform, except as provided in subsection 

(1)(1) of this rule. Actions specified by individual federal agencies as presumed to conform may not be used in combination with 

one another when the total direct and indirect 

emissions from the combination of actions 

would equal or exceed any of the rates specified in paragraph (1)(B)l. or (l)(B)2. of this 

rule. 

138 

this rule that the total of direct and indirect 

emissions from the type of activities which 

would be presumed to conform would not-' 

A. Cause or contribute to any new 

violation of any standard in any area; 

B. Interfere with provisions in the 

applicable implementation plan for maintenance of any standard; 

C. Increase the frequency or severity 

of any existing violation of any standard in 

any area; or 

D. Delay timely attainment of any 

standard or any required interim emission 

reductions or other milestones in any area 

including, where applicable, emission levels 

specified in the applicable implementation 

plan for purposes of-

(0 A demonstration of reasonable 

further progress; 

(II) A demonstration of attainment; 

or 

(III) A maintenance plan. 

2. The federal agency must provide documentation that the total of direct and indirect 

emissions from such future actions would be 

below the emission rates for a conformity 

determination that are established in subsection (l)(B) of this rule, based, for example, 

on similar actions taken over recent years. 

3. The federal agency must clearly 

demonstrate that the emissions from the type 

or category of actions and the amount of emissions from the action are included in ·the applicable SIP and the state, local, or tribal 

air quality agencies responsible for the SIP(s) 

or TIP(s) provide written concurrence that 

the emissions from the actions along with all 

other expected emissions in the area will not 

exceed the emission budget in the SIP. 

(H) In addition to meeting the criteria for 

establishing exemptions set forth in paragraphs (l)(G)l. through (l)(G)3. of this rule, 

the following procedures must also be complied with to presume that activities will conform: 

1. The federal agency must identify 

through publication in the Federal Register its 

list of proposed activities that are presumed 

to conform and the basis for the presumptions. The notice must clearly identify the 

type and size of the action that would be presumed to conform and provide criteria for 

determining if the type and size of action 

qualifies it for the presumption; 

2. The federal agency must notify the 

CODE OF STATE REGULATIONS 

activities presumed to conform. If the presumed-to-conform action has regional or 

national application (e.g., the action 

will 

cause emission increases in excess of the de 

minimis levels identified in subsection (l)(B) 

of this rule in more than one (1) of EPA's 

regions), the federal agency, as an alternative 

to sending it to EPA regional offices, can 

send the draft conformity determination to 

U.S. EPA, Office of Air Quality Planning 

and Standards; 

3. The federal agency must document its 

responses to all the comments received and 

make the comments, responses, and fmallist 

of activities available to the public upon 

request; and 

4. The federal agency must publish the 

final list of such activities in the Federal Register. 

(I) Emissions from the following actions 

are presumed to conform: 

1. Actions at installations with facilitywide emission budgets meeting the requirements in subsection (3)(H) of this rule provided that the state or tribe has included the 

emission budget in the EPA-approved SIP and 

the emissions from the action along with all 

other emissions from the installation will not 

exceed the facility-wide emission budget; 

2. Prescribed fires conducted in accordance with a smoke management program 

which meets the requirements of EPA's Interim Air Quality Policy on Wildland and Prescribed Fires or an equivalent replacement 

EPA policy; and 

3. Actions that the state or tribe identifies in the EPA-approved SIP or TIP as presumed to conform. 

(J) Even though an action would otherwise 

be presumed to conform under subsection 

(l)(F) or (1)(0 of this rule, an action shall not 

be presumed to conform and the requirements of section (4), subsection (1)(L), subsections (3)(A) through (3)(G), and subsections (3 )(I) through (3)(K) of this rule shall 

apply to the action if EPA or a third party 

shows that .the action would1. Cause or contribute to any new violation of any standard in any area; 

2. Interfere with provisions in the applicable SIP or TIP for maintenance of any standard; 

3. Increase the frequency or severity of 

any existing violation of any standard in any area; or 

(7/31/11) ROBIN CARNAHAN 

Sacratary of State 
ther progress; 

B. A demonstration of attainment; or 

C. A maintenance plan. 

(K) The provisions of this rule shall apply 

in all nonattainment and maintenance areas 

except conformity requirements for newlydesignated nonattainment an:as an: not applicable until one (1) year after the effective 

date of the final nonattainment designation 

for each National Ambient Air Quality Standards (NAAQS) and pollutant in accordance 

with section 176(c)(6) of the Act. 

{L) State Implementation Plan Revision. 

The federal conformity rules under 40 CPR 

51, Subpart Wand 40 CFR 93, Subpart B, in 

addition to any existing applicable state 

requirements, establish the conformity criteria and procedures necessary to meet the 

requirements of Clean Air Act section l76(c) 

until such time as this rule is approved by 

EPA as an implementation plan revision. Rlllowing EPA approval of this rule as a revision 

to the applicable implementation plan (or a 

portion thereof), the approved (or approved 

portion of the) state criteria and procedures 

will govern conformity determinations and 

the federal conformity regulations contained 

in 40 CPR 93 will apply only for the portion, 

if any, of the state's conformity provisions 

that is not approved by EPA. In addition, any 

previously-applicable implementation plan 

requirements relating to conformity remain 

enforceable until the state revises its applicable implementation plan to specifically 

remove them and that revision is approved by 

EPA. 

(2) Definitions. Terms used in this rule shall 

have the meaning given to them by the CAA, 

EPA regulations, and 10 CSR 10-6.020, in 

that order of priority. 

(3) General Provisions. 

(A) Prohibition. 

l. No department, agepcy, or instrumentality of the federal government shall engage 

in, support in any way, or provide financial 

assistance for, license or permit, or approve 

any activity which does not conform to an 

applicable implementation plan. 

2. A federal agency must make a determination that a federal action conforms to the 

applicable implementation plan in accordance 

with the requirements of this rule before the 

action is taken. 

ROBIN CARNAHAN 

Secrelary of State 

(7/31/11) 

4. If an action would result in emissions 

originating in more than one (l) nonattainment or maintenance an:a, the confonnity 

must be evaluated for each area separately. 

(B) Federal Agency Conformity Responsibility. Any department, agency, or instrumentality of the federal government taking an 

action subject to this rule must make its own 

conformity determination consistent with the 

requirements of this rule. In making its conformity determination, a federal agency must 

follow the requirements in section (4), subsections (3)(C) through (3)(G), and subsections (3)(1) through (3)(L) of this rule and 

must consider comments from any interested 

parties. Where multiple federal agencies have 

jurisdiction for various aspects of a project, a 

federal agency may choose to adopt the analysis of another federal agency or develop its 

own analysis in order to make its conformity 

determination. 

(C) Public Participation. 

1. Upon request by any person regarding 

a specific federal action, a federal agency 

must make available, subject to the limitation 

in paragraph (3)(C)5. of this rule, for review 

its draft conformity determination under subsection (3)(8) of this rule with supporting 

materials which describe the analytical methods and conclusions relied upon in making 

the applicability analysis and draft conformity determination. 

2. A federal agency must make public its 

draft conformity determination under subsection (3)(8) of this rule by placing a notice by 

prominent advertisement in a daily newspaper of general circulation in the areas affected by the action and by providing thirty (30) 

days for written public comment prior to taking any formal action on the draft determination. This comment period may be concurrent with any other public involvement, such 

as occurs in the NEPA process. If the action 

has multi-regional or national impacts (e.g., 

the action will cause emission increases in 

excess of the de minimis levels identified in 

subsection (l)(B) of this rule in three (3) or 

more of EPA's regions), the federal agency, as 

an alternative to publishing separate notices, 

can publish a notice in the Federal Register. 

3. A federal agency must document its 

response to all the comments received on its 

draft conformity determination under subsection (3)(8) of this rule and make the comments 

and responses available, subject to the limitaCODE OF STATE REGULATIONS 

placing a notice by prominent advertisement 

in a daily newspaper of general circulation in 

the areas affected by the action within thirty 

(30) days of the final conformity determination. If the action would have multi-regional 

or national impacts, the federal agency, as an 

alternative, can publish the notice in the Federal Register. 

5. The draft and final conformity determination shall exclude any restricted information or confidential business information. 

The disclosure of restricted informat1on and confidential business information shall be controlled by the applicable laws, regulations, 

or executive orders concerning the release of 

such materials. 

(D) Re-evaluation of Conformity. 

I. Once a conformity determination is 

completed by a federal agency, that determination is not required to be re-evaluated if the 

agency has maintained a continuous program 

to implement the action; the determination 

has not lapsed as specified in paragraph 

(3)(0)2. of this rule; or any modification to 

the action does not result in an increase in 

emissions above the levels as specified in subsection (I )(B) of this rule. If a conformity 

determination is not required for the action at 

the time NEPA analysis is completed, the 

date .of the finding of no significant impact 

(FONSI) for an Environmental Assessment, a 

record of decision (ROD) for an Environmental Impact Statement, or a categorical 

exclusion determination can be used as a substitute date for the conformity determination 

date. 

2. The conformity status of a federal 

action automatically lapses five (5) years 

from the date a final conformity determination is reported under section (4) of this rule, 

unless the federal action has been completed 

or a continuous program to implement the 

federal action has commenced. 

3. Ongoing federal activities at a given 

site showing continuous progress are not new 

actions and do not require periodic redeterminations so long as such activities are within the scope of the final confonnity determination reported under section (4) of this rule. 

4. If the federal agency originally determined through the applicability analysis that 

a conformity determination was not necessary 

because the emissions for the action were 

below the limits in subsection (l)(B) of this 

rule and changes to the action would result in 

139 
of this rule, to have a conformity determination for a specific pollutant, will be determined to conform to the applicable implementation plan if, for each pollutant that 

exceeds the rates in subsection (l)(B) of this 

rule, or otherwise requires a conformity 

determination due to the total of direct and 

indirect emissions from the action, the action 

meets the requirements of paragraph (3)(E)3. 

of this rule, and meets any of the following 

requirements: 

A. For any criteria pollutant or precursor, the total of direct and indirect emissions from the action are specifically identified and accounted for in the applicable SIP 

attainment or maintenance demonstration or 

reasonable further progress milestone or in a 

facility-wide emission budget included in a 

SIP in accordance with subsection (3)(H) of 

this rule; 

B. For precursors of ozone, nitrogen 

dioxide, or particulate matter (PM), the total 

of direct and indirect emissions from the 

action are fully offset within the same nonattainment or maintenance area (or nearby area 

of equal or higher classification .Provided the 

emissions from that area contribute to the 

violations, or have contributed to violations 

in the past, in the area with the federal 

action) through a revision to the applicable 

SIP or a similarly-enforceable measure that 

effects emission reductions so that there is no 

net increase in emissions of that pollutant; 

C. For any directly-emitted criteria 

pollutant, the total of direct and indirect 

emissions from the action meet the requirements-

(I) Specified in paragraph (3)(E)2. 

of this rule, based on area-wide air quality 

modeling analysis and local air quality modeling analysis; or 

(II) Specified in subparagraph 

(3)(E)l.E. of this rule and, for local air quality modeling analysis, the requirement of 

paragraph (3)(E)2. of this rule; 

D. For carbon monoxide or directly 

emitted PM-

(1) Where the department determines that an area-wide air quality modeling 

analysis is not needed, the total of direct and 

indirect elnissions from the action meet the 

requirements specified in paragraph (3)(E)2. 

of this rule, based on local air quality modeling analysis; or 

(II) Where the department deter140 

ments of subparagraph (3)(E) 1.E. this 

rule; or 

E. For ozone or nitrogen dioxide, and 

for purposes of parts (3)(E)l.C.(II) and 

(3)(E)LD.(II) of this rule, each portion of the 

action or the action as a whole meets any of 

the following requirements: 

(I) Where EPA has approved a revision to the applicable implementation plan 

after the area was designated as nonattainment 

and the state or tribe makes a determination 

as provided in subpart (3)(E)l.E.(I)(a) of this 

rule or where the state or tribe makes a commitment as provided in subpart 

(3)(E)l.E.(I)(b) of this rule. 

(a) The total of direct and indirect emissions from the action (or portion 

thereof) is determined and documented by the 

department to result in a level of emissions 

which, together with all other emissions in 

the nonattainment (or maintenance) area, 

would not exceed the emissions budgets specified in the applicable SIP. 

(b) The total of direct and indirect emissions from the action (or portion 

thereof) is determined by the department to 

result in a level of emissions which, together 

with all other emissions in the nonattainment 

(or maintenance) area, would exceed an emissions budget specified in the applicable 

implementation plan and the department 

makes a written commitment to EPA which 

includes the following: 

I. A specific schedule for 

adoption and submittal of a revision to the 

applicable implementation plan which would 

achieve the needed emission reductions prior 

to the time emissions from the federal action 

would occur; 

II. Identification of specific 

measures for incorporation into the applicable implementation plan which would result 

in a level of elnissions which, together with 

all other emissions in the nonattainment or 

maintenance area, would not exceed any 

emissions budget specified in the applicable 

implementation plan; 

III. A demonstration that all 

existing applicable implementation plan 

requirements are being implemented in the 

area for the pollutants affected by the federal 

action, and that local authority to implement 

additional requirements has been fully pursued; 

IV. A determination that the 

CODE OF STATE REGULATIONS 

a conformity determination based on a state's 

or tribe's commitment under subpart 

(3)(E) l.E.(I)(b) of this rule and the state has 

submitted a SIP or TIP to EPA covering the 

time period during which the emissions will 

occur or is scheduled to submit such a SIP or 

TIP within eighteen (18) months of the conforlnity determination, the state commitment 

is automatically deemed a call for a SIP or 

TIP revision by EPA under section llO(k:)(5) 

of the CAA, effective on the date of the federal conformity determination and requiring 

response within eighteen (18) months or any 

shorter time within which the state or tribe 

commits to revise the applicable SIP; 

(d) Where a federal agency made 

a conformity determination based on a state 

or tribal commitment under subpart 

(3)(E) l.E.(I)(b) of this rule and the state or 

tribe has not submitted a SIP covering the 

time period when the emissions will occur or 

is not scheduled to submit such a SIP within 

eighteen (18) months of the conformity determination, the state or tribe must, within eighteen (18) months, submit to EPA a revision to 

the existing SIP committing to include the 

emissions in the future SIP revision; 

(II) The action (or portion thereof), 

as determined by the MPO, is specifically 

included in a current transportation plan and 

transportation improvement program which 

have been found to conform to the applicable 

implementation plan under 10 CSR 10-2.390 

or 10 CSR 10-5.480; 

(III) The action (or portion thereof) 

fully offsets its emissions within the same 

nonattainment or maintenance area (or nearby area of equal or higher classification provided the emissions from that area contribute 

to the violations, or have contributed to violations in the past, in the area with the federal action) through a revision to the applicable 

SIP or an equally-enforceable measure that 

effects emission reductions equal to or 

greater than the total of direct and indirect 

emissions from the action so that there is no 

net increase in emissions of that pollutant; 

(IV) Where EPA has not approved 

a revision to the relevant SIP since the area 

was designated or reclassified, the total of 

direct and indirect emissions from the action 

for the future years (described in paragraph 

(3)(F)4. of this rule) do not increase emissions with respect to the baseline emissions, 

and-

(7131111) ROBIN CARNAHAN 

Secretary of state 
g

EPA sets another year; 

II. The emission budget in the 

applicable SIP; or 

III. The year of the baseline 

inventory in the PM10 applicable SIP; and 

(b) The baseline emissions are 

the total of direct and indirect emissions calculated for the future years (described in 

paragraph (3)(F)4. of this rule) using the historic activity levels (described in subpart 

(3)(E)l.E.(IV)(a) of this rule) and appropriate emission factors for the future years; or 

(V) Where the action involves 

regional water or wastewater projects, such 

projects are sized to meet only the needs of 

population projections that are in the applicable SIP. 

2. The area-wide and local air quality 

modeling analyses mustA. Meet the requirements in subsection (3)(F) of this rule; and 

B. Show that the action does not-

(I) Cause or contribute to any new 

violation of any standard in any area; or 

(II) Increase the frequency or 

severity of any existing violation of any standard in any area. 

3. Notwithstanding any other requirements of this section, an action subject to this 

rule may not be determined to conform to the 

applicable implementation plan unless the 

total of direct and indirect emissions from the 

action is in compliance or consistent with all 

relevant requirements and milestones contained in the applicable implementation plan, 

such as elements identified as part of the reasonable further progress schedules, assumptions specified in the attainment or maintenance demonstration, prohibitions, numerical 

emission limits, and work practice requirements, and such action is otherwise in compliance with all relevant requirements of the 

applicable implementation plan. 

4. Any analyses required under this section must be completed, and any mitigation 

requirements necessary for a finding of conformity must be identified before the determination of conformity is made. 

(F) Procedures for Conformity Determinations of General Federal Actions. 

1. The analyses required under this rule 

must be based on the latest planning assumptions. 

A. All planning assumptions must be 

derived from the estimates of current and 

ROBIN CARNAHAN 

Secretary of State 

(7/31/11) 

tion or level of population, employment, travel, and congestion, must be approved by the 

MPO or other agency authorized to make 

such estimates for the area. 

2. The analyses required under this rule 

must be based on the latest and most accurate 

emission estimation techniques available as 

described below, unless such techniques are 

inappropriate, the federal agency may obtain 

written approval from the appropriate EPA 

regional administrator for a modification or 

substitution, of another technique on a caseby-case basis or, where appropriate, on a 

generic basis for a specific federal agency 

program. 

A. For motor vehicle emissions, the 

most current version of the motor vehicle 

emissions model specified by EPA and made 

available for use in the preparation or revision of SIPs in the state must be used for the conformity analysis as specified below-

(1) The EPA must publish in the 

Federal Register a notice of availability of any 

new motor vehicle emissions model; and 

(II) A grace period of three (3) 

months shall apply during which the motor vehicle emissions model previously specified 

by EPA as the most current version may be 

used unless EPA announces a longer grace 

period in the Federal Register. Conformity 

analyses for which the analysis was begun 

during the grace period or no more than three 

(3) years before the Federol Register notice of 

availability of the latest emission model may continue to use the previous version of the 

model specified by EPA. 

B. For non-motor vehicle sources, 

including stationary and area source emissions, the latest emission factors specified by 

EPA in the YCompilation of Air Pollutant 

Emission Factors" (AP-42, 

http://www.epa.gov/ttn/chiefs/efpac) must be 

used for the conformity analysis unless more 

accurate emission data are available, such as 

actual stack test data from stationary sources 

which are part of the conformity analysis. 

3. The air quality modeling analyses 

required under this rule must be based on the 

applicable air quality models, databases, and other requirements specified in the most 

recent version of the "Guideline on Air Quality Models" (40 CFR 51, Appendix W), 

unlessA. The guideline techniques are inap· 

propriate, in which case the model may be 

CODE OF STATE REGULATIONS 

4. The analyses required under this rule 

must be based on the total of direct and indirect emissions from the action and must 

reflect emission scenarios that are expected to 

occur under each of the following cases: 

A. The attainment year specified in 

the SIP or, if the SIP does not specify an 

attainment year, the latest attainment year 

possible under the Act; 

B. The last year for which emissions 

are projected in the maintenance plan; 

C. The year during which the total of 

direct and indirect emissions from the action 

is expected to be the greatest on an annual 

basis; and 

D. Any year for which the applicable 

SIP specifies an emissions budget. 

(G) Mitigation of Air Quality Impacts. 

1. Any measures that are intended to 

mitigate air quality impacts must be identified (including the identification and quantification of all emission reductions claimed) and 

the process for implementation (including any 

necessary funding of such measures and 

tracking of such emission reductions) and 

enforcement of such measures must be 

described, including an implementation 

schedule containing explicit timelines for 

implementation. 

2. Prior to determining that a federal 

action is in conformity, the federal agency 

making the conformity determination must 

obtain written commitments from the appropriate persons or agencies to implement any 

mitigation measures which are identified as 

conditions for making conformity determinations. 

3. Persons or agencies voluntarily committing to mitigation measures to facilitate 

positive conformity determinations must 

comply with the obligations of such commitments. 

4. In instances where the federal agency 

is licensing, permitting, or otherwise approving the action of another governmental or private entity, approval by the federal agency 

must be conditioned on the other entity meeting the mitigation measures set forth in the 

conformity determination. 

5. When necessary because of changed 

circumstances, mitigation measures may be 

modified so long as the new mitigation measures continue to support the conformity 

determination. Any proposed change in the 

mitigation measures is subject to the reporting 

141 
7. After a state or tribe revises its SIP or 

TIP and EPA approves that SIP revision, any 

agreements, including mitigation measures, 

necessary for a conformity determination wiii 

be both state or tribal and federally enforceable. Enforceability through the applicable 

SIP or TIP will apply to all persons who 

agree to mitigate direct and indirect emis· 

sions associated with a federal action for a 

conformity determination. 

(H) Conformity Evaluation for Federal 

Installations with Facility· Wide Emission 

Budgets. 

1. The state, local, or tribal agency 

responsible for implementing and enforcing 

the SIP or TIP can, in cooperation with federal agencies or third parties authorized by 

the agency that operate installations subject to 

federal oversight, develop and adopt a facility-wide emission budget to be used for 

demonstrating conformity under subparagraph (3)(E)l.A. of this rule The facilitywide budget must meet the following criteria: 

A. Be for a set time period; 

B. Cover the pollutants or precursors 

of the pollutants for which the area is designated nonattainment or maintenance; 

C. Include specific quantities allowed 

to be emitted on an annual or seasonal basis; 

D. The emissions from the facility 

along with all other emissions in the area will 

not exceed the emission budget for the area; 

E. Include specific measures to 

ensure compliance with the budget, such as 

periodic reporting requirements or compliance demonstration, when the federal agency 

is taking an action that would otherwise 

require a conformity determination; 

F. Be submitted to EPA as a SIP revision; and 

G. The SIP revision must be approved 

by EPA. 

2. The facility-wide budget developed 

and adopted in accordance; with paragraph 

(3)(H)l. of this rule can be revised by following the requirements in paragraph 

(3)(H) 1. of this rule. 

3. Total direct and indirect emissions 

from federal actions in conjunction with all 

other emissions subject to general conformity 

from the facility that do not exceed the facility budget adopted pursuant to paragraph 

(3)(H)l. of this rule are "presumed to conform" to the SIP and do not require a conformity analysis. 

142 

compliance with the facility-wide emissions 

budget as part of the demonstration of conformity, i.e., the agency would have to mitigate or offset the emissions that exceed the 

emission budget. 

5. If the SIP for the area includes a category for construction emissions, the negotiated budget can exempt construction emissions from further conformity analysis. 

(I) Emissions Beyond the Time Period 

Covered by the SIP. If a federal action would 

result in total direct and indirect emissions 

above the applicable thresholds which would 

be emitted beyond the time period covered by 

the SIP, the federal agency can1. Demonstrate conformity with the last 

emission budget in the SIP; or 

2. Request the state or tribe to adopt an 

emissions budget for the action for inclusion 

in the SIP. The state or tribe must submit a 

SIP or TIP revision to EPA within eighteen 

(18) months either including the emissions in 

the existing SIP or establishing an enforceable commitment to include the emissions in 

future SIP revisions based on the latest planning assumptions at the time of the SIP revision. No such commitment by a state or tribe 

shall restrict a state's or tribe's ability to 

require Reasonably Available Control Technology (RACT), Reasonably Available Control Measures (RACM), or any other control 

measures within the state's or tribe's authority to ensure timely attainment of the 

NAAQS. 

(J) Timing of Offsets and Mitigation Measures. 

1. The emissions reductions from an offset or mitigation measure used to demonstrate conformity must occur during the same 

calendar year as the emission increases from 

the action except as provided in paragraph 

(3)(1)2. of this rule. 

2. The state or tribe may approve emissions reductions in other years providedA. The reductions are greater than the 

emission increases by the following ratios: 

(I) Extreme nonattainment 

areas 1.5:1 

(II) Severe nonattainment 

areas 1.3:1 

(III) Serious nonattairunent 

areas 1.2:1 

(IV) Moderate nonattainment areas (V) All other areas 

CODE OF STATE REGULATIONS 

1.15:1 1.1:1 

violation of any air quality standard; 

(II) Increase the frequency or 

severity of any existing violation of any air 

quality standard; or 

om Delay the timely attainment of 

any standard or any interim emissions reductions or other milestones in any area. 

3. The approval by the state or tribe of 

an offset or mitigation measure with emissions reductions in another year does not 

relieve the state or tribe of any obligation to 

meet any SIP or CAA milestone or deadline. 

The approval of an alternate schedule for mitigation measures is at the discretion of the 

state or tribe, and they are not required to 

approve an alternate schedule. 

(K) Inter-Precursor Mitigation Measures 

and Offsets. Federal agencies must reduce 

the same type of pollutant as being increased 

by the federal action except the state or tribe 

may approve offsets or mitigation measures of 

different precursors of the same criteria pollutant, if such trades are allowed by a state or 

tribe in a SIP- or TIP-approved NSR regulation, is technically justified, and has a 

demonstrated environmental benefit. 

(L) Early Emission Reduction Credit Programs at Federal Facilities and Installations 

Subject to Federal Oversight. 

1. Federal facilities and installations 

subject to federal oversight can, with the 

approval of the state or tribal agency responsible for the SIP or TIP in that area, create an 

early emissions reductions credit program. 

The federal agency can create the emission 

reduction credits in accordance with the 

requirements in paragraph (3)(L)2. of this 

rule and can use them in accordance with 

paragraph (3)(L)3. of this rule. 

2. Creation of emission reduction credits. 

A. Emissions reductions must be 

quantifiable through the use of standard emission factors or measurement techniques. If 

non-standard factors or techniques to quantify the emissions reductions are used, the federal agency must receive approval from the 

s(ate or tribal agency responsible for the 

implementation of the SIP or TIP and from 

EPA's regional office. The emission reduction 

credits do not have to be quantified before the 

reduction strategy is implemented but must 

be quantified before the credits are used in 

the general conformity evaluation. 

(7/31/11) ROBIN CARNAHAN 

Secr.tary of State 
D. Both the state or tribe and federal 

air quality agencies must be able to take legal 

action to ensure continued implementation of 

the emission reduction strategy. In addition, 

private citizens must also be able to initiate 

action to ensure compliance with the control 

requirement. 

E. The emissions reductions must be 

permanent or the time frame for the reductions must be specified. 

F. The federal agency must document 

the emissions reductions and provide a copy 

of the document to the state or tribal air quality agency and the EPA regional office for 

review. The documentation must include a 

detailed description of the. emission reduction 

strategy and a discussion of how it meets the 

requirements of subparagraphs (3)(L)2.A. 

through (3)(L)2.E. of this rule. 

3. Use of emission reduction credits. 

The emission reduction credits created in 

accordance with paragraph (3)(L)2. of this 

rule can be used, subject to the following limitations, to reduce the emissions increase 

from a federal action at the facility for the 

conformity evaluation. 

A. If the technique used to create the 

emission reduction is implemented at the 

same facility as the federal action and could 

have occurred in conjunction with the federal 

action, then the credits can be used to reduce 

the total direct and indirect emissions used to 

determine the applicability of the regulation 

as required in section (I) of this rule and as 

offsets or mitigation measures required by 

subsection (3)(E) of this rule. 

B. If the technique used to create the 

emission reduction is not implemented at the 

same facility as the federal action or could 

not have occurred in conjunction with the 

federal action, then the credits cannot be used 

to reduce the total direct and indirect emissions used to determine the applicability of 

the regulation as required in section ( 1) of this rule, but can be used to offset or mitigate 

the emissions as required by subsection 

(3)(E) of this rule. 

C. Emissions reductions credits must 

be used in the same year in which they are 

generated. 

D. Once the emission reduction credits are used, they cannot be used as credits for 

another conformity evaluation. However, 

unused credits from a strategy used for one 

(1) conformity evaluation can be used for 

ROBIN CARNAHAN (7/31/11) 

Secretary of State 

(4) Reporting and Record Keeping. 

(A) A federal agency making a conformity 

determination under section (4), subsections 

(3)(B) through (3)(G), and subsections (3)(1) 

through (3)(K) of this rule must provide to 

the appropriate EPA regional office(s), state 

and local air quality agencies, any federallyrecognized Indian tribal government in the 

nonattainment or maintenance area, and, 

where applicable, affected federal land managers, the agency designated under section 

174 of the CAA and the MPO, a thirty (30)-

day notice which describes the proposed action and the federal agency's draft conformity determination on the action. If the 

action has multi-regional or national impacts 

(e.g., the action will cause emission increases in excess of the de minimis levels identified 

in subsection (1)(B) of this rule in three (3) or 

more of EPA's regions), the federal agency, as 

an alternative to sending it to EPA regional 

offices, can provide the notice to EPA's 

Office of Air Quality Planning and Standards. 

(B) A federal agency must notify the 

appropriate EPA regional office(s), state and 

local air quality agencies, any federally-recognized Indian tribal government in the 

nonattainment or maintenance area, and, 

where applicable, affected federal land managers, the agency designated under section 

174 of the CAA and the MPO, within thirty 

(30) days after making a final conformity 

determination under this rule. 

(C) The draft and final conformity determination shall exclude any restricted information or confidential business information. 

The disclosure of restricted information and 

confidential business information shall be 

controlled by the applicable laws, regulations, 

security manuals, or executive orders concerning the use, access, and release of such 

materials. Subject to applicable procedures to 

protect restricted information from public 

disclosure, any information or materials 

excluded from the draft or final conformity 

determination or supporting materials may be 

made available in a restricted information 

annex to the determination for review by federal and state representatives who have 

received appropriate clearances to review the 

information. 

(5) Test Methods. (Not Applicable) 

CODE OF STATE REGULATIONS 

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

1992. 1993, 1995. 

10 CSR 10-6.310 Restriction of Emissions 

m Municipal SoUd Wlste Landfills 

RPOSE: This rule requires owners 

icipal solid lmuifills to report l eir 

tan U 's design capacity and non-met ane 

ic compound (NMOC) emis ons. 

lls having design capacities of 2 milic meters or greater and OC 

emissi rates of 50 megagrams or greater 

shall de ·gn, install and operate a g collection and ontrol system. 

143 
10 CSR 10

6.300 (amendment) Conformity of General Federal Actions to State 

Implementation Plans is hereby AMENDED by the Missouri Air Conservation 

Commission this 28th day of April, 2011 . 

~!

l; 

----L~-----""!!"'"-L"---~......:::..-

------' Chairman 

, Member 

_.;;~t----t:."CL~d.::;.._:

'-"---=

'---' 

Cb~~""'-' =---::;__

__ , Member 

__.J'----"--~~'J----~).__.fl_c:;..w..:...........~L-~-===:::::::-----'=----' Member 

________________ __ , Member 

___________________ ,Member 
PUBLISHER'S AFFIDAVIT 

STATE OF MISSOURI,) 

)ss. 

COUNTY OF COLE) 

Mike Vivion being duly sworn, according to law, says he is Vice President of Central 

Missouri Newspapers, Inc., Publisher of the News Tribune, a newspaper printed and 

published in the County of Cole, and State aforesaid; that said newspaper has been 

published continuously for more than three years; and that the notice hereto attached was 

published in said paper in compliance with the provisions of Section 493.050 

R.S. of Mo. For 2000 as amended for 1 time as follows: 

1st insertion, No. 28th day of February 20 11 

2"d insertion, No. day of 20 ----

3rd insertion, No. , day of , 20_. ___ _ 

4th insertion, No. day of , 20 -----

day of ___ -r- ,20---- 1

--:---- sth insertion, No. ~---- JJZ;t I/~ 

Fee: $358.00 l;ii7 

Subscribed and sworn to before me this 1st 

day of March , 20 11 

/l;)Jtb JJr;J_ tfilft UJU!L&U 

1 

Notary Public, 

My term as Notary Public expires ----------=----
I 

•· 

. ' ' . 

._,. 

. MISSOURI 

WILL 

AIR 

HOLD 

CONSERVATION 

PUBLIC HEARING 

COMMISSION ·. ~ I , 

~E~ERS~~ ~1{'(.. MO -- The Mls~otlrl Air Conservl'tlon· Commission will · 0 'laba 

1

Pu c eanAg on the St. Lou1s o:~:one nonattainment area reasonably 

ava1 e control technology (RACl) rules and· RACT demonstration update· 

the grrenhouse gaa permitting rules; the hospital, medical arid lnfectfou~ 

2cw;:~~ ~~~n;:u~ r~~~r~~d j~nb;;ln ~~n~~m~ty :~eheonEITmhuSrt.sr~ty,cMaterc~ 31, ~ entet 1730 East El . St . · - · . ~g • on renee Room , .Jefferson m reet, Lower level, Bennett SJ'rings Conf<>ra"c" 

to the' following ltCJty,(, M) lssourl, The commission w/11 he-r tesrfmony ~fattld. originally sched · ~md sf. Note that· all but the last two following items were 

aanceled due to lun el ort a February 3, 2011 public hearlrig that was * 1 0 c em en weath.er. 

S rf CSCR 10-5.330 (amendment) Control of Emissions from industrial u ace eating Operations 

,,This proposed a~endme~t will exempt facilities that are regulated under 

other rules that limit em1sslons of volatile organic compounds and incorporate ct)anges in Reasonably Available Control Technology (RACT) for 

surta~e coat~ng operations in the St. Louil! ozone nonattalnment area to be 

;ons1stent w1th the current federal RACT guidance documents. 

1 0 CSR 1 0-5.340 (amendment) Control of Emissions from Rotogravure and Flexographic Printing Operations 

This proposed amendment will add spe,cific emission limits of volatile •. 

orgamc comp~unds for flexible package pri!'lting operations in the St.. Louis 

ozone nonattamment area. This will make the limits consistent with the 

current fede~al · Reasonably Available Control Technology guidance documents. 

" _1 o. CSR 1 0-5.442· (amendment) Contrpl ,·,.of Emissions from Lithographic' • Pnnt1ng Operations · · · 

This proposed amendment will add specific- emission· limits of volatile 

organic compounds for both offset lithographic and letterpress printing 

operations in the St. Lo4is ozone nonattalnment area. This will make the 

limits consistent with the current federal Reasonably Available Control 

Technology guidance documents. The amendment will also remove definitions that will now be found In 10 CSR 10-6.020. 

" 1 0 CSR 1 0-5.455 (amendment) Control of Emission from Solvent Cleanup 

Operations 

This proposed amendment will lower the allowable emissions threshold for' 

volatile organic compounds released per day from the use, storage and disposal of industrial ·cleaning solvents, e.dd requirements for facilities that 

exceed the threshold, and incorporate changes to be consistent with the 

current federal Reasonably Available Control Technology guidance documents. This rule applies to the St. Louis ozone nonattainment area. _ 

• 1 0 CSR 1 0-6.020 (amendment) Definitions and Common Refer.ence Tables • 

This proposed amendment will add all definitions currently found in individual Division 1 o air rules into the general definitions rule unless a specific reason exists for a defin ilion to be unique to a specific rule. 

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

· ·•This proposed amendment incorporates federal permitting requirements 

that will cover new. construction pro)ects.·that·emit100,000 tons per year·or 

, more of greenhouse gases and clarifies rule text. . ,

I

* 10 CSR 10-6.065 (amendment) Operating Perrplts 

This proposed amendment Incorporates federal permitting requirements tor 

greenhouse gas emissions, removes definitions that will now be .found in 

regulation 10 CSR 10-6.020, streamlines the public notice procedure to 

align with the Federal Register, and allows the flexibility to publish notices 

ontheweb. 

• 10 CSR ·10-6.200 (amendment) Hospital, Medical, Infectious Wast Incinerators 

This proposed amendment will update the state regulatory requirements for 

emlss~on limits, Waste management plans, compliance and performance 

testing, monito·ring, e,nd reporting and record keeping to be consistent with 

the recent federal update to 4Q CFR Part 60 and remove definitions that will 

now be found In 1 0 CSR 10-6.020. 

" 10 CSR t0-6.300 (amendment) Conformity of General Federal Actions to 

State Implementation Plans 

,This proposed amendment will update the .state 9eneral conformity rule to 

.'Comply with the recently revised federal general conformity rul!i) publl!lh~d 

in the April 5, 201 0 edition of the Federal Register. Incorporating the latest •. 

federal reg ulalions will ensure that all federal actions conform to ·the state's 

implementation plan and will not cause or contribute to violations of the national ambient air quality standards. · 

" Reasonably Available Control Technology (RACn Demonstration Update 

for the 1997 a-Hour Ozone Standard·St. Louis Nonattalnment Area 

The Clean. Air Act requires moderate ozone nonattalnment areas, such as 

St. Louis, to-submit a demonstration that current rules fulfill RACT-under the 

1997 8-hour ozone National Ambient Air Quality Standard (NMOS) for 

volatile organic compounds for all Control Technique Guidelines (CTG) 

!"'categories and all major, non-CTG sources as a revision to their S1ate 

Implementation Plan. This document updates the RACT demonstration 

submitted to the EPA in 2007 and certifies th. at curcent rules, inc! udlng those' 

proposed for amendment, fulfill RACT requirements for the 1997 8-hour 

.ozone NAAQS. . ; 

)

Documents for the above ltem(s) will be available for review. at the Mis. souri 

Department of Natural Resources, Air Pollution Control Program, 1659 Elm 

•Street, .Jefferson City, (573) 751-4817 and In ttle Public Notices section of 

the program web site www.dnr.mo.gov/filriV/apcpnndex.lltm_l. This informslion will be available at least 30 days prior to the public hearmg date. 

Persons with disabilities requiring special services or accommodations to!''. '.lttend the m~ting can make l\l'rengements by calling the Department 

directly at (573) 526-4679, the Department's toll free number _at 

(800) 334-6946, or by writing two weeks in advance of the meeting to: Mlssou.ri Department of Natural Resources, Air Conservation Commissionl' 

~('lr.retarv. P.O. Box 176. Jefferson City, MO 65102. Hearing lmpa '!'d per-, 
..... ; .. . 

--

.

···· 

I .•' 

BEFORE mE AIR CONSERVATION COMMISSION 

STATE OF MISSOURI 

MISSOURI AIR CONSERVATION COMMISSION MEETING 

MEETING 

MARCH 31, 2011 

NATIONWIDE ScHEou u N G 

MISSOURI S'>rln"fi ~l d J~ ffH so:1 Cit:. !-: sa~ Ci t; Co l!.:mbk '.Jo lla Ca re Ci:ar

C:·•~·· OJ KANSAS u ... rl o~ .- ark ILLI NOIS S,rl. r,ti c; t-J :;.oQuf,R'rE:·:s : 711 NORTH ELEVENTH STREET, S T . L o u1 s, MISSOUR I 63 101 

80C.23 0. 3376 

W \ ':.' V\' . '11 i (.! WE S •: 1 ; C i 9 (I t i 0 ,1 • C :J 'Y: 
5 Commissioners are present: Hark Garnett, Gary 

6 

7 

8 

9 

1 0 

11 

12 

13 

L4 

15 

16 

]."} 

18 

19 

20 

21 

23 

24 

25 

Pendergrass, Ron Boyer, Jack Bake r and David 

Zimmermann . 

Air Conservation Commission, the State 

of Missouri, has called this public hearing pursuant 

!I 

to Section 643.070, Revised Statutes of Missouri, EPA 

il 

promulgated Rule 40 CFR 51 .102, for the purpose of 

hearing testimony relating to 10 CSR 10-6.020 

(amendment), Definitions and Common Reference Tables; 

10 CSR 5. 330 (amendment), Control of Emissions from 

Industrial Surface Coating Operations; 

10 CSR 10- 5 .3 40 (amendment), Controll of Emissions 

f rom Rotogravure and Flexographic Printing 

Op erations; 1 0 CSR 10-5.442 (amendment), Control of 

Emissions f r om Lithographic Printing Operat i o ns; 

10 CSR 10-5.455 (amendment), Control of Emission from I 

Solvent Cleanup Operations; Reasonably Avai l able 

Control Technology Demonstration Update for the 1997 

8-hour Ozone Standard St. Louis Nonattainment Area; 

10 CSR 10 -6 .060 (amendment), Construction Permits 

Required; 1 0 CSR 1 0 -6. 065 (amendment), Operating li 

--

www .midwestlitigation.com 

MIDWEST LITIGATION SERVICES 

Phone: 1.800.280.3376 Fax: 314.644.1334 
5 The hearing record will close at 

5 5: 00 p.m., April 7, 2011 . Anyone who has not been 

7 scheduled to appear but who wishes to be heard should 

8 indicate that you wish to speak on the sign-in sheets 

9 available at the door. . 

10 Section 643 . 100 of the Missouri Statutes 

11 provides that all oral testimony be given under oath. 

12 Accordi ngly, when you are called to testify, please 

13 present yourself to the court reporter first to be 

14 SvJOrn in. 15 When you testify, please state your 16 name, business address and your occupation or 

17 affiliation. If you have a prepared statement, ·it 

18 would be helpful if you will provide a copy to the 

19 staff director, court reporter and memb ers of the 

20 Commission . Mr . Jim Kavanaugh. 21 (The witness was sworn. ) 22 MR. KAVANAUGH: Chairman, members of the 23 Commission, my name is James Kavanaugh . J ' ro the 24 staff director of the Air Pollution Control Program 25 within the Department of National Resources for the 

www .midwestlitigation.com 

MIDWEST LITIGATION SERVICES 

Phone: 1.800.280.3376 Fax: 314.644.1334 
5 you. Thank you very much. Stan Payne. 

6 MR . PAYNE: Mr. Chairman, members o f the 

7 Commission, my name is Stan Payne. I'm employed as 

8 an environmental engineer by the Air Pollution 

9 Control Program. I work at 1659 East Elm Street in 

10 Jefferson City, Nissouri. 

11 I'm here to present testimony for the 

12 proposed amendment to 1.0 CSR 10-6.300, Conformity of 

13 General Federal Actions to State Implementation 

14 Plans. The rule information starts on page 179 of 

15 the Narch 31st briefing document. 

16 In April 2010, the U.S. Environmental 

17 Protection Agency revised the general conformity 

18 regulations that were originally promulgated in 1993 . 

19 These regulations prohibit federal agencies from 

20 taking actions that may cause or contribute to 

21 violations of the National Ambient Air Quality 

22 Standards . 

23 Examples of such actions include airport 

24 construction or expansion, construction projects on 

25 federal lands and dredging of ship canals. The 

www.midwestJitignliOII.com 

MIDWEST LITIGATION SERVICES 

Phone: 1.800.280.3376 Fax: 314.644.1334 
g and Reference Methods and Air PoUution 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 2000, the commission 

amends a rule as follows: 

10 CSR 10-6.300 Conformity of General Federal Actions to State 

Implementation Plans is amended. 

A notice of proposed rulemaking containing the text of the proposed 

amendment was published in the Missouri Register on February 15, 

2011 (36 MoReg 816-831). 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 Stale Regulations. 

SUMMARY OF COMMENTS: The Missouri Department of 

Natural Resources' Air Pollution Control Program received one (1) 

comment from St. Louis County Air Pollution Control Program. 

COMMENT # l: The St. Louis County Air Pollution Control 

Program commented that they support the proposed amendments. 

RESPONSE: The Missouri Department of Natural Resources' Air 

Pollution Control Program appreciates the support. No change was 

made to the rule text as a result of this comment.