Section 110 Infrastructure Requirements 

for the 

 2008 Lead National Ambient Air Quality Standard 

________________ 

 

A Missouri State Implementation Plan Revision 

Adoption 

December 8, 2011 

Division of Environmental Quality 

Air Pollution Control Program 

P.O. Box 176 

1659 East Elm Street 

Jefferson City, Missouri 65101 

Telephone (573) 751-4817 
This page is intentionally left blank. 
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Table of Contents 

TABLE OF CONTENTS ............................................................................................................................................ I

LIST OF ACRONYMS AND ABBREVIATIONS ..................................................................................................II

1. EXECUTIVE SUMMARY ................................................................................................................................ 1

1.1 INTRODUCTION & PURPOSE ...................................................................................................................... 1

A. 2008 Revised Lead NAAQS ........................................................................................................................ 1

B. State Area Designations ............................................................................................................................. 1

1.2 PLAN SUMMARY ......................................................................................................................................... 2

2. INFRASTRUCTURE REQUIREMENTS ....................................................................................................... 3

2.1 PLAN SUBMITTAL AND TIMING REQUIREMENTS: SECTION 110(A)(1)..................................................... 3

2.2 INFRASTRUCTURE ELEMENTS: SECTION 110(A)(2) .................................................................................. 3

A. Enforceable Emission Limits & Control Measures: Sec. 110(a)(2)(A) ..................................................... 3

B. Ambient Air Quality Monitoring: Section 110(a)(2)(B) ............................................................................. 5

C. Enforcement & Construction Permit Programs: Sec. 110(a)(2)(C) .......................................................... 6

i. Enforcement Program ............................................................................................................................................. 6

ii. Prevention of Significant Deterioration Program ................................................................................................... 7

D. Interstate Transport: Section 110(a)(2)(D)................................................................................................ 8

E. Adequate Resources: Section 110(a)(2)(E) .............................................................................................. 10

i. Personnel .............................................................................................................................................................. 10

ii. Funding ................................................................................................................................................................ 11

iii. Authority .............................................................................................................................................................. 11

iv. Conflicts of Interest .............................................................................................................................................. 11

F. Stationary Source Monitoring System: Section 110(a)(2)(F) .................................................................. 13

G. Emergency Authority: Section 110(a)(2)(G) ............................................................................................ 13

H. Future SIP Revision Authority: Section 110(a)(2)(H) ............................................................................ 14

I. Nonattainment Area Plans: Section 110(a)(2)(I) ..................................................................................... 15

J. Consultation Process, Public Notification et al.: Section 110(a)(2)(J) ................................................... 15

i. Interagency Consultation ..................................................................................................................................... 15

ii. Public Notification .............................................................................................................................................. 15

iii. Part C Requirements: Prevention of Significant Deterioration and Visibility ..................................................... 16

K. Air Quality Modeling: Section 110(a)(2)(K) ............................................................................................ 16

L. Permitting Fees: Section 110(a)(2)(L) ..................................................................................................... 17

M. Consultation / Participation of Local Entities: Section 110(a)(2)(M) ..................................................... 17

3. CONCLUSION................................................................................................................................................. 19
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List of Acronyms and Abbreviations

BACT Best Available Control Technology 

BART Best Available Retrofit Technology 

CAA Clean Air Act 

CFR Code of Federal Regulations 

CSR Code of State Regulations (Missouri) 

DNR Department of Natural Resources (“the Department”) 

EPA U.S. Environmental Protection Agency 

GHG Greenhouse Gases 

MACC Missouri Air Conservation Commission 

MOEIS Missouri Emissions Inventory System 

NAAQS National Ambient Air Quality Standard 

NSR New Source Review 

PSD Prevention of Significant Deterioration 

RSMo Revised Statutes of the State of Missouri 

SIP State Implementation Plan 

FY fiscal year 

μg/m3 micrograms per cubic meter 
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1. EXECUTIVE SUMMARY 

1.1 Introduction & Purpose 

The purpose of this document is to fulfill the requirements of Section 110 of the Clean Air Act 

(CAA). Section 110 of the CAA requires that each state submit to the U.S. Environmental 

Protection Agency (EPA) a state implementation plan (SIP) revision for the implementation, 

maintenance, and enforcement of each new or revised national ambient air quality standard 

(NAAQS). The intent of the CAA in requiring this plan submittal pursuant to Section 110(a)(1), 

is to obligate the state to demonstrate that it has the ability, authority, and resources to 

implement the infrastructure elements listed in Section 110(a)(2) for each criteria pollutant. For 

this reason, these Section 110 plan submittals are commonly referred to as ‘infrastructure SIPs’. 

This document is the State of Missouri’s infrastructure plan for the newly revised 2008 Lead 

NAAQS. 

A. 2008 Revised Lead NAAQS 

On October 15, 2008, the EPA promulgated a revised NAAQS for the criteria pollutant Lead 

(Pb). The revision strengthened the primary and secondary standards tenfold, decreasing the 

standards for airborne lead from 1.5 micrograms per cubic meter (μg/m3) to 0.15 μg/m3. 

B. State Area Designations 

The Clean Air Act requires Missouri to recommend lead area designations based on air quality 

monitoring data. Because of the lowered standard, some areas of the state were required to 

establish monitoring networks that previously were not required to do so. As a result, the EPA is 

making the area designation determinations in two rounds: an initial round based on the 

previous monitoring network and a second round a year later using data from the newly deployed 

monitors. 

On December 28, 2009, Missouri submitted its first round recommendations to the EPA. The 

recommendations included keeping the Herculaneum nonattainment area in Jefferson County as 

the Herculaneum city limits and adding a nonattainment area around the Buick smelter and mine 

in Dent, Iron, and Reynolds Counties. Additionally, the State recommended certain county 

portions around each of these two nonattainment areas as unclassifiable until monitoring data 

was available from the new samplers that were in place by January 1, 2010. The 

recommendation also included unclassifiable areas in the Old Lead Belt (St. Francois County) 

and the Tri-State area (Jasper and Newton Counties). The EPA concurred with our 

recommendations in its first round final determinations published on November 16, 2010. 

In a letter to the Governor dated June 14, 2011, EPA outlined its preliminary decision for the 

second round of designations. EPA proposed to keep the nonattainment area designations 

unchanged from the first round. No monitoring data from any of the four newly-monitored areas 

(portions of five counties) indicated a violation of the NAAQS. The EPA gave the State until 

August 15, 2011, to respond with any comments prior to finalizing this second round no later 

than October 14, 2011. On July 13, 2011, Missouri responded in agreement with these 

recommendations. 
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More information on Missouri’s Lead area boundary designation recommendations may be 

found at: http://dnr.mo.gov/env/apcp/naaqsboundarydesignations.htm

1.2 Plan Summary 

Section 110(a)(1) of the CAA requires that a state to submit an infrastructure plan such as this 

within three years of the promulgation of the revised criteria pollutant standard. The Missouri 

Department of Natural Resources (hereafter, ‘the Department’) is currently and separately 

developing attainment plans for Missouri’s two Lead nonattainment areas under the 2008 Lead 

NAAQS as required by Section 110(a)(2)(I) of the CAA. However, Title I Part D of the CAA 

governs the timing and other necessary specific elements of these nonattainment area plans. 

Therefore, the Lead attainment plans will follow the timing schedule allowed per Section 172 of 

the CAA, not the timing requirement of Section 110(a)(1) and are not part of this document. 

This document is administrative in nature and demonstrates Missouri’s ability and authority to 

implement each of the infrastructure elements pursuant to Section 110 of the CAA outlined 

below for the 2008 revised Lead standard via the referencing of specific corresponding 

applicable state statutes, regulations, programs or resources. 
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2. INFRASTRUCTURE REQUIREMENTS 

This section of the plan provides an explanation of how the State of Missouri fulfills each 

applicable Section 110(a)(1) and (2) infrastructure element requirement of the CAA. 

2.1 Plan Submittal and Timing Requirements: Section 110(a)(1) 

Section 110(a)(1) of the CAA requires that states submit to EPA plans to implement, maintain 

and enforce each of the NAAQS promulgated by EPA within three years after promulgation of a 

new or revised standard. 

This document is the State of Missouri’s plan to implement, maintain and enforce the revised 

2008 Lead NAAQS. 

2.2 Infrastructure Elements: Section 110(a)(2) 

Section 110(a)(2) of the CAA states that each SIP submittal shall be adopted by the state after a 

reasonable notice and public hearing. 

In accordance with this provision, prior to submittal to the EPA, this plan is undergoing a public 

hearing before the Missouri Air Conservation Commission on October 27, 2011. The plan was 

posted for public review and comment at least 30 days prior at 

http://www.dnr.mo.gov/env/apcp/stateplanrevisions.htm Detailed below are the other 

infrastructure elements: 

A. Enforceable Emission Limits & Control Measures: Sec. 110(a)(2)(A) 

Section 110(a)(2)(A) of the CAA requires SIPs to include enforceable emission limits and other 

control measures, means or techniques, schedules for compliance and other related matters as 

needed to implement, maintain and enforce each NAAQS. 

The State of Missouri’s Statutes and regulations, via the Air Conservation Law and Air Pollution 

Control Rules, authorize the Department to regulate air quality and implement air quality control 

regulations. Chapter 643 of the Revised Statutes of the State of Missouri (RSMo) is dedicated to 

Air Conservation Law. These statutes authorize the establishment of necessary regulations to 

execute these laws. Timetables for compliance are also found in these rules as appropriate. 

These Air Conservation Commission rules are codified in Title 10, Division 10 of the Missouri 

Code of State Regulations (CSR). 

The Missouri Air Conservation Law is available for viewing at: 

http://www.moga.mo.gov/statutes/chapters/chap643.htm 

The Missouri air pollution control rules are available for viewing at: 

http://www.sos.mo.gov/adrules/csr/current/10csr/10csr.asp#10-10 

Section 643.030 RSMo authorizes the ‘‘Air Conservation Commission of the State of Missouri’’, 

also known as the Missouri Air Conservation Commission (MACC), to control air pollution, 
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which is defined in Section 643.020 RSMo to include air contaminants, which cause or 

contribute to injury to public health or welfare. 

Section 643.050 RSMo authorizes the MACC to classify and identify air contaminants. 

Furthermore, Section 643.050 of the Air Conservation Law authorizes the MACC to regulate the 

use of air contaminant sources and to establish emissions limitations for air contaminant sources. 

In the Air Conservation Commission rules, Subsection (2)(A) of 10 CSR 10-1.010 General 

Organization reiterates the MACC’s responsibility to establish air quality control regions as well 

as adopt, promulgate, amend and rescind rules. Section (4) of 10 CSR 10-1.010 tasks 

Department staff with carrying out the policies of the MACC: 

The director of the DNR, the staff director of the Air Pollution Control Program and the 

program staff enforce the rules and implement the policy of the Air Conservation 

Commission. 

Below are some other references to state rules used to implement and enforce the NAAQS: 

• 10 CSR 10-6.020 Definitions and Common Reference Tables is used to define terms, 

such as ‘NAAQS’ and ‘criteria pollutants or standards,’ necessary to classify pollutants 

and implement and enforce standards. 

• Section (12) of 10 CSR 10-6.030, Sampling Methods for Air Pollution Sources

establishes the appropriate sampling method for Lead from air pollution sources to be the 

EPA’s Test Method 12. Similarly, Subsections (4)(G) and (O) of 10 CSR 10-6.040 

Reference Methods refer to the appropriate respective federal reference method for 

determining the concentration of Lead in the ambient air. 

• 10 CSR 10–6.050 Start-Up, Shutdown, and Malfunction Conditions provides that sources 

may submit information relating to excess emissions during startup, shutdown or 

malfunction events, but expressly provides that nothing in this rule limits the ability of 

the Department or the MACC to take appropriate enforcement action. 

• Specifically to create control measures for Lead, State rule 10 CSR 10-6.120 Restriction 

of Emissions of Lead From Specific Smelter-Refinery Installations provides specific Lead 

emission limitations for both Doe Run’s Herculaneum primary smelter and the Resource 

Recycling Division (Buick secondary smelter). 

Infrastructure plans are not intended to identify nonattainment emission controls. Emissions 

limitations and other control measures to attain the 2008 Lead NAAQS in areas designated 

nonattainment are being developed separately and are due on a different schedule from the 

Section 110 infrastructure elements and will be reviewed and acted upon through a separate 

process. Nonetheless, Missouri has demonstrated its ability to establish and enforce emissions 

limitations and control measures within nonattainment area plans under the previous or 1978 

Lead standard: 
5

• A 2007 Consent Judgment and its 2009 amendment for the Doe Run Company’s 

Herculaneum primary lead smelter sets forth time schedules for completion of control 

strategies to reduce lead emissions. This Consent Judgment is at the core of the 2007 

Lead SIP Revision for the Herculaneum area. Since the control strategies of this SIP 

revision were implemented in the spring of 2008, the Herculaneum area has been in 

continual compliance with the 1978 Lead NAAQS. The 2007 Consent Judgment may be 

viewed at: http://dnr.mo.gov/env/apcp/docs/consentjdgmnt.pdf 

• The construction permits (numbered 012005-008 and 062011-044) for Doe Run’s Buick 

secondary (recycling) smelter include enforceable emission limitations for several 

pollutants, including Lead. 

• For decades, Missouri has been at the forefront of the nation’s Lead mining, processing, 

recycling and distribution industries. Consequently, the Department has had a prominent 

history of Lead plan development and implementation. More information on Missouri’s 

Lead SIPs may be found at: http://dnr.mo.gov/env/apcp/sips.htm#lead 

B. Ambient Air Quality Monitoring: Section 110(a)(2)(B) 

Section 110(a)(2)(B) of the CAA requires SIPs to include provisions to provide for establishment 

and operation of ambient air quality monitors, collection and analysis of ambient air quality data, 

and making these data available to EPA upon request. 

The State of Missouri operates and maintains an extensive air quality monitoring network for 

various pollutants with over 100 instruments at more than 50 locations. There are 16 air quality 

monitoring sites statewide tasked with collecting data on Lead in the ambient air. 

Within the state Air Conservation Law, Section 643.050 RSMo provides the general authority 

necessary for Missouri to fulfill the requirements of Section 110(a)(2)(B) of the CAA. This is 

itemized further within the Code of State Regulations: For the purposes of air quality monitoring 

data collection and submittal, Subsection (2)(A) of 10 CSR 10-1.010 General Organization 

restates the MACC’s statutory authority to develop facts and require the submission of relevant 

information. Additionally, Subsection (2)(D) of this rule outlines the roles, duties and 

obligations of the Air Pollution Control Program. Responsibilities relevant to air quality 

monitoring outlined in this rule include – 

• Obtain air quality data, update EPA AIRS (Air Information Retrieval System, now 

referred to as Air Quality System) database and disseminate data. 

• Coordinate with the laboratory services program for the establishment and maintenance 

of air monitoring sites. 

• Provide modeling and air quality data for other sections in the program. 

• Conduct and coordinate Ambient Air Monitoring network Reviews. 

• Maintain the air monitoring SIP 

• Coordinate air quality data input from local air pollution control agencies and the 

laboratory services program. 

• Prepare the air quality annual report. 
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Thus, as authorized, the Air Pollution Control Program maintains an Air Quality Monitoring unit 

which was created to fulfill the requirements of Section 110(a)(2)(B) for the 2008 Lead NAAQS. 

Furthermore, Missouri’s current Lead air quality monitoring network meets or exceeds the 

minimum requirements of the 2008 standard. 

EPA regulations requires states to prepare and submit an annual monitoring network plan 

containing a periodic network assessment review, In accordance with this rule, found at 40 CFR 

58 Part B, Missouri’s 2011 proposed air quality monitoring network plan is available at: 

http://dnr.mo.gov/env/apcp/monitoring/monitoringnetworkplan.pdf Also, visit EPA Region 7’s 

Air Quality Monitoring Network plan site for more information or to review Missouri’s previous 

approved network plans: http://www.epa.gov/region07/air/quality/quality.htm#mo_air 

For more information on Air Quality Monitoring from the Department’s Environmental Service 

Program, please visit: http://dnr.mo.gov/env/esp/aqm/esp-aqa.htm 

A map of the statewide Lead monitoring network along with the state’s current Lead Air Quality 

data and analysis may be found at: http://dnr.mo.gov/env/apcp/docs/leadmonitordata.pdf 

C. Enforcement & Construction Permit Programs: Sec. 110(a)(2)(C) 

Section 110(a)(2)(C) of the CAA requires states to include a program for i.) enforcement of all 

SIP measures and ii.) the regulation of construction of new or modified stationary sources to 

meet Prevention of Significant Deterioration (PSD) and nonattainment New Source Review 

(NSR) requirements. 

i. Enforcement Program 

The Department’s Air Pollution Control Program staffs and implements a vigorous 

Compliance/Enforcement Section. Additionally, the Department’s Division of Environmental 

Quality has considerable staff resources at its 5 regional and numerous satellite offices to 

coordinate complaints and inspections. Furthermore, the State has delegated authority to 4 local 

air pollution control agencies. 

The Missouri statutes provide authority for the Department to enforce the requirements of the Air 

Conservation Law, and any regulations, permits, or final compliance orders issued under the 

provisions of that law. For example, Section 643.080 RSMo authorizes the Department to issue 

compliance orders for violations of the law, rules promulgated thereunder (which includes rules 

comprising the Missouri SIP), and conditions of permits (which includes permits under SIPapproved permitting programs). 

Section 643.085 RSMo authorizes the Department to assess administrative penalties for 

violations of the statute, regulations, permit conditions, or administrative orders. Section 643.151 

RSMo authorizes the MACC to initiate civil actions for these violations, and to seek penalties 

and injunctive relief to prevent any further violation. Section 643.191 RSMo provides for 

criminal penalties for knowing violations of the statute, regulations or permit conditions, in 

addition to other acts described in that section. 
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In the State regulations governing the MACC, 10 CSR 10-1.010 General Organization, 

reinforces this authority. Subsection (2)(A) of this rule authorizes the MACC to make 

investigations, make orders and determinations, and refer alleged violations to the county 

prosecutor or attorney general. Similarly Subsection (2)(B) empowers the director to investigate 

complaints, issue abatement orders, recommend legal action be taken by the attorney general and 

enforce provisions of the Air Conservation Law. Lastly, 10 CSR 10-1.010(2)(D)2. establishes 

the Air Pollution Control Program’s enforcement section with subparagraphs A. through J. 

clearly delineating its duties in fulfillment of Section 110(a)(2)(C) of the CAA. 

ii. Prevention of Significant Deterioration Program 

To prevent significant deterioration of air quality, by statute, the construction of subject air 

pollution sources without the appropriate permit is unlawful. To this end, Section 643.075 

RSMo authorizes the Department to operate a construction permit program and establishes the 

corresponding functions of that program including fee collecting provisions. 

These duties are furthered outlined by Paragraph (2)(D)5. of 10 CSR 10-1.010 General 

Provisions which establishes the Air Pollution Control Program’s Permit Section. 

Missouri has adopted all necessary provisions to ensure the protection of the Lead standard using 

the Prevention of Significant Deterioration Program (PSD) under State rule 10 CSR 10-6.060

Construction Permits Required. Missouri has a long-standing and fully implemented New 

Source Review (NSR) permitting program for new major sources and significant modifications 

of existing sources. This NSR or Construction Permit program in any attainment area is referred 

to as a PSD permitting program and is governed by Section (8) of 10 CSR 10-6.060. One of the 

major components of the PSD program is the implementation of Best Available Control 

Technology (BACT) on new major sources or significant modification of existing major sources. 

Missouri has been delegated full authority to implement the PSD program by the EPA for all 

NSR regulated pollutants including Lead and Greenhouse Gases (GHG). 

Missouri also has a minor permit program to review smaller sources (See 10 CSR 10-6.060(6)) 

to ensure, among other things, that such new and modified sources will not interfere with the 

Lead NAAQS attainment. Sources with the potential to emit above the de minimis level are 

required to do an ambient air impact analysis to show that they are not adversely impacting the 

NAAQS. The de minimis level for Lead is 0.6 tons per year. (See the definition of de minimis in 

the definitions rule at 10 CSR10-6.020(2)(D)5. and Table 1 of 6.020(3)(A)). In accordance with 

Section (5) of 10 CSR 10-6.060, the Department may also require impact analyses for sources 

lower than these levels that may be likely to adversely affect air quality. 

Missouri’s NSR permitting program also addresses major sources and modifications in 

nonattainment areas pursuant to Section (7) of 10 CSR 10-6.060. However, this element need 

not be addressed in this infrastructure plan. Nonattainment area plan elements are to be 

submitted in their own separate plans and will be addressed appropriately there. Paragraph 2.2.I. 

of this document below further discusses the nonattainment area element. 

Therefore, Missouri has satisfied the requirements of Section 110(a)(2)(C) for the 2008 Lead 

NAAQS through its approved NSR program enabled by state rule 10 CSR 10-6.060. 
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D. Interstate Transport: Section 110(a)(2)(D) 

Section 110(a)(2)(D)(i) of the CAA requires SIPs to include provisions prohibiting any source or 

other type of emissions activity in one state from contributing significantly to nonattainment in, 

or interfering with maintenance by, another state with respect to the NAAQS, or from interfering 

with measures required in another state to prevent significant deterioration of air quality or to 

protect visibility. Similarly, Section 110(a)(2)(D)(ii) of the CAA requires that the SIP insure 

compliance with the applicable requirements of Sections 126 and 115, relating to interstate and 

international pollution abatement. 

Section 643.050.3(7) RSMo authorizes the MACC to be Missouri’s representative in all matters 

pertaining to interstate air pollution. 

Lead is not a typical criteria pollutant. Unlike most criteria pollutants, Lead air pollution is no 

longer regional in nature. Lead pollution tends to be highly localized and does not transport long 

distances. Since the outlawing of leaded gasoline in the 1980’s, Lead air pollution is now 

characterized mainly by single, discrete stationary sources of Lead primarily pertaining to the 

lead production, processing and recycling industries. Lead is a very dense element and Lead, as 

an air pollutant, is generally in the form of particulate matter. Consequently, Lead has a very 

high concentration dispersion gradient and, due to this, settles out of the air over a relatively 

short distance. These physical properties prevent Lead emissions from experiencing the same travel 

or formation phenomena as PM2.5 or ozone. In other words, there is a sharp decrease in Lead 

concentrations, at least in the coarse fraction, as the distance from a Lead source increases. Even 

from rather large sources of Lead, at about 2 miles from the source, the impact to ambient air 

quality can be very minimal. For example, at one time, the Herculaneum Lead nonattainment 

area was defined as a one-mile radius circle centered on the source’s main stack. Now, the 

nonattainment boundaries are the city limits of Herculaneum. The boundaries were initially 

changed merely to make them more clearly legally defined. 

Missouri, being in the center of the country, is not near enough to any international borders to 

have any impact to any other country from Lead air pollution, thus the element of Section 

110(a)(2)(D) of the CAA regarding international transport under the 2008 Lead NAAQS does 

not apply. Similarly, and for the reasons mentioned above, Missouri would only have an impact 

to another state’s Lead NAAQS attainment or maintenance if one of these discrete stationary 

sources were very near a state border. The Doe Run primary smelter facility in Herculaneum is 

on the banks of the Mississippi River and the State of Illinois is just across the river. The 

Herculaneum facility is the only Lead source in Missouri near enough to a state border to even 

have the potential for an impact on another state’s ambient air. 

On November 16, 2010 EPA finalized its first round of Lead nonattainment area designations. 

On June 15, 2011, EPA proposed its second round of designations. This second round of 

designations is intended to be finalized in October 2011. In neither of these rounds did EPA 

designate or propose any area in the State of Illinois in the proximity of Herculaneum, Missouri, 

to be nonattainment for Lead under the 2008 NAAQS. For more information on EPA’s Lead 

designations see: http://www.epa.gov/leaddesignations/ 
9

Nevertheless, Missouri has taken specific actions to prevent Lead air emissions from affecting 

our neighbor to the East: 

• As mentioned above in paragraph 2.2.A. of this document on Control Measures, Missouri 

developed and implemented a 2007 SIP Revision along with a 2009 Building Ventilation 

/ Lead particle capture, control and containment plan supplement, with new control 

strategies to demonstrate attainment of the 1978 Lead NAAQS in the Herculaneum area. 

For the 2007 SIP Revision see: http://dnr.mo.gov/env/apcp/docs/2007revision.pdf For 

the 2009 Supplement visit: http://dnr.mo.gov/env/apcp/docs/2009drh-leadsip.pdf 

• Primary Smelter Shutdown: In light of the 2008 Lead standard, the State of Missouri 

entered into a Consent Decree with the Doe Run Company and the EPA in October 2010. 

As part of the terms of this Consent Decree, Doe Run has agreed to cease smelting 

operations at its Herculaneum facility. The sinter plant will shut down by December 31, 

2013 while the blast furnace operations will cease by April 30, 2014. Doe Run has 

subsequently announced that it plans to implement a new alternative lead ore processing 

technology on their Herculaneum site. This “new lead metal technology” is an extremely 

low lead-emitting hydrometallurgical, not a smelting or pyrometallurgical, process. 

• The Department has received a construction permit application from the Doe Run 

Company for this new low Lead emitting facility. The application is being reviewed to 

the fullest extent of the permitting regulations. The application review is near completion 

and the permit is scheduled to be issued in the autumn of 2011. 

• Missouri, in coordination with the Doe Run Company, is currently developing a SIP 

Revision to demonstrate attainment of the 2008 Lead NAAQS based on this new 

technology. 

To address the Prevention of Significant Deterioration element of interstate transport, Missouri 

reiterates that it has a fully implemented NSR/PSD program for new major sources and major 

modifications in both the attainment and nonattainment areas of the State for the 2008 Lead 

NAAQS (see part 2.2.C.ii. of this document). Furthermore, consistent with Section 126 of the 

CAA, Missouri regulations require that affected states receive notice prior to the commencement 

of any construction or modification of a source. Section (6) of 10 CSR 10–6.060 Construction 

Permits Required provides that the review of all PSD permit applications follow the procedures 

of 10 CSR 10–6.060(12)(A), Appendix A. Paragraph 10 CSR 10-6.060(12)(A)11. requires that 

the permitting authority notify affected states once a draft permit goes out for public comment. 

Lead as an air pollutant is not considered to be a cause of concern for visibility issues and 

therefore the visibility impact element of Section 110(a)(2)(D) of the CAA is not applicable to 

the Lead NAAQS. Because of Lead’s high density and very fast settling rate, significant 

visibility impacts from Lead emissions are limited to short distances. Missouri has no significant 

Lead sources in the relative vicinity of any Class I areas. In addition, Lead is not directly 

regulated under the visibility program of the CAA (Sections 169(A) and (B)). Moreover, 

although Lead can be a component of coarse and fine particles, Lead comprises a small fraction 

of coarse and fine particles. When evaluating the extent that Lead could impact visibility, Lead-
10

related visibility impacts were found to be insignificant (e.g., less than 0.10%). [Ambient Pb’s 

Contribution to Class 1 Area Visibility Impairment, 6/17/2011, Mark Schmidt, EPA-OAQPS.] 

In August 2009, Missouri submitted a regional haze SIP to the EPA which addresses BART 

(Best Available Retrofit Technology) pursuant to Title I Part C of the CAA. As part of this 

regional haze SIP, the Department’s Air Pollution Control Program (Air Program) conducted a 

BART screening evaluation which concluded the Doe Run Herculaneum facility does not impair 

visibility in Class 1 areas. 

E. Adequate Resources: Section 110(a)(2)(E) 

Section 110(a)(2)(E) of the CAA requires that SIPs provide for the following: (1) necessary 

assurances that the state (and other entities within the state responsible for implementing the SIP) 

have adequate personnel, funding, and authority under state or local law to implement the SIP, 

and that there are no legal impediments to such implementation; (2) requirements that the state 

comply with the requirements relating to state boards, pursuant to section 128 of the Act; and (3) 

necessary assurances that the state has responsibility for implementation of any plan provision 

for which it relies on local governments or other entities to carry out that portion of the plan. 

i. Personnel 

The Department’s Air Program has adequate personnel to carry out the required state 

implementation plans. As discussed above in Paragraph 2.2.A. of this document, Missouri Air 

Conservation Law empowers the Missouri Air Conservation to control air pollution and 

promulgate appropriate regulations. Missouri state regulations assign the Department and the 

Air Program the task of carrying out the MACC’s policy. 10 CSR 10-1.010 outlines the 

organization and administrative aspects of the Program. The Air Program personnel who develop 

and implement SIPs consist primarily of environmental specialists and environmental engineers. 

To support SIP development and implementation, 10 CSR 10-1.010(2)(D)3. provides that the 

appropriate Air Program personnel shall – 

• Collect the emission inventory and maintains the emission database. 

• Coordinates with the laboratory services program for the establishment and maintenance 

of air monitoring sites. 

• Provide modeling, air quality analysis and maintain the air monitoring SIP. 

Additionally, 10 CSR 10-1.010(2)(D)4. establishes the Air Program’s Planning Section to, 

among other things, – 

• Develop and propose rules, amendments and rescissions to be adopted by the MACC. 

• Meet all public participation requirements of state and federal laws involving rulemaking 

and SIP revisions 

• Provide SIP coordination and maintenance and prepare SIP revisions. 

The program’s Air Quality Monitoring personnel are described in paragraph 2.2.B. of this 

document. Additional support for monitoring and air quality assurance data comes from the 

Department’s Environmental Services Program. 
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As addressed above in part 2.2.C.i. of this document, 10 CSR 10-1.010(2)(D)2. describes the 

Enforcement Section’s duties. Some of these duties include – 

• Performing or overseeing source compliance testing.

• Determining and tracking compliance of air pollution sources. 

• Resolving violations through out-of-court settlements with the assistance of the attorney 

general’s office. 

The Permit Section was introduced in part 2.2.C.ii. of this document. According to 10 CSR 10-

1.010(2)(D)5., some of the section’s other responsibilities include – 

• Receiving, evaluating, and making recommendations to the director to approve, approve 

with conditions, or deny applications for construction permits. 

• Processing operating permit applications, amendments, and modifications in a timely 

manner according to the rules and requirements 

• Maintaining the Missouri Clean Air Act Title V Program to ensure continued 

authorization of the program in Missouri. 

ii. Funding 

The Air Program receives funding from several mechanisms that support the implementation of 

the SIP. Section 643.079 RSMo requires the Missouri Air Conservation Commission to set an 

annual air pollution emission fee to fund the reasonable cost of administering this law. This law 

provides for the deposit of the fees into appropriate subaccounts for implementing the 

corresponding various programs. For example, there is a subaccount for the Title V operating 

permit program used for Title V activities and a subaccount for non-Title V activities. There are 

no significant changes to these funding streams anticipated for the foreseeable future. 

Also, there is the basic federal support grant is made under authority of Section 105 of the CAA. 

Funds provided under this authority (with require state matching funds), do not fully support all 

the activities necessary to maintain primacy for the delegated programs. Other grants (e.g. 

Section 103 of the CAA) and other state sources (e.g. matching funds from General Revenue and 

Air Fees) are used to support the core functions. As a result, grant workplans contain only those 

activities that are paid for with the federal funding and corresponding state matching funds. 

iii. Authority 

Chapter 643 RSMo provides the authority necessary to carry out the state implementation plan 

requirements. Missouri has asserted that it has the authority to implement the SIP for the 2008 

Lead standard in paragraph 2.2.A. of this document. See that section for more details. Moreover, 

the State has delegated authority to four local air pollution control agencies. 

iv. Conflicts of Interest 

Section 110(a)(2)(E) of the CAA also provides that the state must meet the requirements of 

Section 128 of the CAA, relating to representation on state boards and conflicts of interest by 

members of such boards. 
12

This particular provision is not related to promulgation or revision of any NAAQS, and 

therefore, Missouri need not show specifically that it meets this requirement with respect to the 

infrastructure SIP for the 2008 Lead standard. However, the following discussion shows how 

Missouri generally meets the requirements of Section 128 of the CAA. 

Section 128 requires that a SIP implementing body which approves permits or enforcement 

orders under the CAA must have at least a majority of members who represent the public 

interest. 

Section 643.040 RSMo of the Missouri Air Conservation Law creates the Air Conservation 

Commission and states that – 

All members shall be representative of the general public and shall have an interest in 

and knowledge of air conservation and the effects and controls of air contaminants. 

and 

The commission shall establish rules of procedure which specify when members shall 

exempt themselves from participating in and voting on issues before the commission due 

to potential conflict of interest. 

Consequently, the Missouri Air Conservation Commission Operation Policies manual 

(www.dnr.mo.gov/env/apcp/MACC_Policy.pdf) states that– 

Commissioners will avoid both actual and perceived conflicts of interest in their 

quasi-judicial role and will avoid ex parte contact with other parties, including 

department staff, to pending disputes. 

If a commissioner publicly takes or expresses a position on a specific issue, party 

or permit that later comes before the commission on an appeal, the commissioner 

will recuse himself on the record from any discussion, deliberation, or decision 

making on the issue. 

The Operations Policies manual also states that “Commissioners shall comply with all applicable 

statutory requirements regarding conflict of interest, including RSMo Chapter 105.” 

Specifically, Section 105.452 RSMo outlines prohibited acts by elected and appointed public 

officials and employees. Section 105.454 RSMo provides additional prohibited acts (and 

exceptions) by elected or appointed public officials and employees. Chapter 105 RSMo is 

applied to the Missouri Air Conservation Commission, as well as the director of the Missouri 

Department of Natural Resources. Here is the link to Chapter 105 RSMo: 

http://www.moga.mo.gov/STATUTES/C105.HTM 

The department’s Administrative Policies and Procedures manual states that no department 

employee should– 

 “engage in any personal, business, or professional activity or receive or retain any 

direct or indirect financial interest that places them in a position of conflict between their 

private interests and the public interests of the department related to the duties and 

responsibilities of their jobs.” 
13

F. Stationary Source Monitoring System: Section 110(a)(2)(F) 

Section 110(a)(2)(F) of the CAA requires states to establish a system to monitor emissions from 

stationary sources and to submit periodic emission reports. It also requires that the state correlate

the source reports with emission limitations or standards established under the Act and make 

reports available for public inspection. 

The requirements of this element are fulfilled through Missouri’s Air Conservation Law and by 

various requirements within Title 10, Division 10 of the state regulations. For example, Section 

643.050.1(3)(a) RSMo authorizes the State– 

 To require persons engaged in operations which result in air pollution to monitor or test 

emissions and to file reports containing information relating to rate, period of emission 

and composition of effluent. 

Also, Section 643.192.2 RSMo requires an annual report that summarizes changes in air quality. 

As discussed in paragraph 2.2.A. of this document, Missouri rule 10 CSR 10-6.030 incorporates 

various EPA reference methods for testing source emissions, including emissions of Lead. Using 

these particular reference methods for Lead emissions, 10 CSR 10-6.120 Restriction of 

Emissions of Lead From Specific Lead Smelter-Refinery Installations has stack testing and 

reporting requirements for certain stationary sources of Lead emissions in Missouri. 

10 CSR 10-6.110 Reporting Emission Data, Emission Fees, and Process Information requires 

permitted sources to determine and file an annual report on air pollutant emissions. In turn, the 

Air Program submits the emissions data to the EPA’s publicly-available National Emissions 

Inventory database and uses the data for tracking progress towards maintaining the NAAQS, 

developing control and maintenance strategies, identifying sources and general emission levels, 

and determining compliance with emission regulations as well as other EPA requirements. The 

Air Program also makes data, including Lead emissions data, available to the public upon 

request. 

Lastly, to satisfy the public reporting requirements of this element, 10 CSR 10-6.210 

Confidential Information specifically excludes emissions data from confidential treatment. 

Under that rule emissions data includes information regarding monitoring results required to be 

reported by sources under Missouri’s air pollution control rules. 

G. Emergency Authority: Section 110(a)(2)(G) 

Section 110(a)(2)(G) of the CAA requires states to provide for authority to address activities 

causing imminent and substantial endangerment to public health or welfare or the environment 

including contingency plans to implement the emergency provisions in their SIPs. 

The State’s ability and authority to enact emergency provisions consistent with element 

110(a)(2)(G) is once again found in both Missouri air statutes and the CSR. At the core of the 

statutory authority is Section 643.090 RSMo which authorizes the MACC or the director to 
14

declare an emergency where the ambient air, due to meteorological conditions and a buildup of 

air contaminants, may present an “emergency risk” to public health, safety, or welfare. The 

MACC or director may, with the written approval of the governor, by order prohibit, restrict or 

condition all sources of air contaminants contributing to the emergency condition, during such 

periods of time necessary to alleviate or lessen the effects of the emergency condition. The 

statute also enables the MACC to promulgate implementing regulations. Even in the absence of 

an emergency condition, Section 643.090 allows the director to issue “cease and desist” orders to 

specific persons engaging in activities which involve a discharge of air contaminants, or a risk of 

air contamination, that presents a danger to public health or welfare. 

In fulfillment of this element and by using this statutory authority, the MACC has adopted 

appropriate corresponding emergency regulations, to include some of the following: 

 

• 10 CSR 10-1.010 General Organization enlists the MACC to develop, and the director to 

enact, air pollution emergency alert procedures. 

• For many pollutants other than Lead, including ozone, Missouri’s federally SIPapproved rule 10 CSR 10-6.130 Controlling Emissions During Episodes of High Air 

Pollution Potential establishes action levels and contingency measures for ozone and 

other pollutants. This rule specifies the conditions that establish an air pollution alert, 

watch or emergency and the associated procedures and emissions reduction objectives for 

dealing with each. The rule establishes action levels for one-hour and eight-hour average 

concentrations. The action levels and associated contingency measures vary depending 

on the level of ozone concentrations in a particular area. 

H. Future SIP Revision Authority: Section 110(a)(2)(H) 

Section 110(a)(2)(H) of the CAA requires states to have the authority to revise their SIPs in 

response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, 

or in response to an EPA finding that the SIP is substantially inadequate to attain the NAAQS. 

In addition to its general enabling authority, as discussed in paragraph 2.2.A. of this document, 

Section 643.050 RSMo, also authorizes the MACC to– 

Prepare a general comprehensive plan for the prevention, abatement and control of air 

pollution 

Section 643.055 RSMo further authorizes the MACC to promulgate rules, and establish 

standards and guidelines, to ensure that the state complies with the provisions of the federal 

CAA. Moreover, this provision specifically addresses the necessity of a state implementation 

plan developed to bring a nonattainment area into compliance and to maintain compliance when 

needed to have an EPA approved plan. 

This is codified in the state regulations by 10 CSR 10-1.010 General Organization which 

enables the MACC to promulgate and revise rules as necessary. Paragraph (2)(B)9. of this rule 

restates the director’s responsibility to submit revisions of the SIP to the EPA for approval. 
15

Lastly, as mentioned previously in part 2.2.E.i. of this document, the Air Program’s Planning 

Section was created specifically to develop and coordinate SIP revisions in satisfaction of 

Section 110(a)(2)(H) of the CAA. 

I. Nonattainment Area Plans: Section 110(a)(2)(I) 

Section 110(a)(2)(I) of the CAA requires that in the case of a plan or plan revision for areas 

designated as nonattainment areas, states must meet applicable requirements of Part D of the Act, 

relating to SIP requirements for designated nonattainment areas. 

 

This document is a statewide Lead infrastructure plan and is not intended by Missouri to meet its 

obligations for its two Lead nonattainment areas. Pursuant to Part D of the CAA, nonattainment 

SIPs are due on a different schedule than infrastructure SIPs (See EPA’s guidance in regards to 

infrastructure SIPs in the promulgation of the revised Lead standard, 73 FR 67034, note 13, Nov. 

12, 2008). Therefore, this plan does not address Section 110(a)(2)(I) as this element is not 

applicable here. SIP submittals containing control measures developed specifically for attaining 

the relevant standard are due at the time the nonattainment area planning elements are due (18 

months following designation). Missouri is currently developing two Lead nonattainment area 

plans separately. 

J. Consultation Process, Public Notification et al.: Section 110(a)(2)(J) 

Section 110(a)(2)(J) of the CAA requires SIPs to meet the applicable requirements of the 

following CAA provisions: (1) section 121, relating to interagency consultation regarding certain 

CAA requirements; (2) section 127, relating to public notification of NAAQS exceedances and 

related issues; and (3) Part C of the Act, relating to prevention of significant deterioration of air 

quality and visibility protection. For the reasons stated below, Missouri has addressed the 

applicable requirements of Section 110(a)(2)(J) for the 2008 Lead NAAQS: 

i. Interagency Consultation 

For the purpose of implementing air pollution control responsibilities, Section 643.050.3(6) 

RSMo requires the MACC, to– 

Advise, consult, and cooperate with other agencies of the state, political subdivisions, 

industries, other states and the federal government, and with interested persons or 

groups. 

Missouri also has appropriate interagency consultation regulations in NSR permit program. For 

instance, Subsection (12)(B) of 10 CSR 10-6.060 requires that when a permit goes out for public 

comment, the permitting authority must provide notice to 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 whose lands may be affected by emissions from the 

installation or modification. 

ii. Public Notification 

Section 127 of the CAA requires public notification during periods of NAAQS exceedances. As 

discussed in paragraph 2.2.G. of this document in regards to emergency authority, there are state 
16

rules requiring the development and implementation of air pollution emergency alert procedures 

including provisions for public notification of elevated levels of various air pollutants, and 

measures which can be taken by the public to reduce concentrations. 

As previously stated, Section 643.050.3(6) RSMo requires the MACC to coordinate and consult 

with all interested parties or groups. 

In fulfillment of this sub-element, and as already addressed in greater detail in paragraph 2.2.B. 

(Ambient Air Quality Monitoring) of this document, the Department has processes in place to 

report all air quality monitoring data, not just exceedances. In addition, specifically for Lead air 

quality data, the public is notified via the Department’s website where exceedances are 

highlighted: http://dnr.mo.gov/env/apcp/docs/leadmonitordata.pdf 

 iii. Part C Requirements: Prevention of Significant Deterioration and Visibility 

In part 2.2.C.ii. of this document, the Department has previously noted how the Missouri SIP 

meets the PSD requirements by establishing a state rule which incorporates much of the federal 

code by reference. 

With respect to the visibility component of section 110(a)(2)(J), the visibility element has 

already been addressed in paragraph 2.2.D. of this document pertaining to interstate transport, 

which demonstrates how Lead contributes insignificantly to visibility issues. Moreover, since 

Missouri must meet Title I Part C of the CAA requirements separately and independently from 

this plan and since the visibility requirements (in contrast to the PSD element) of Title I Part C 

are not directly related to the promulgation of, or revision to, a NAAQS, the visibility element is 

considered to be outside the scope of infrastructure SIP actions required pursuant to Section 110(a) of 

the CAA. 

In other words, because of the specific independent SIP requirements contained in Sections 169A 

and 169B of the CAA (Title I Part C), the visibility protection requirements are not “applicable 

requirements” within the meaning of Section 110(a)(2)(J) and Missouri’s infrastructure SIP is 

not required to be revised with respect to visibility protection merely due to promulgation of a 

revised Lead NAAQS. 

Lastly, as stated previously, Missouri has submitted separately to the EPA in August 2009 a 

regional haze SIP which addresses BART pursuant to Title I Part C of the CAA. The BART 

screening evaluation contained therein concluded that the Doe Run Herculaneum facility does 

not impair visibility in Class 1 areas. 

K. Air Quality Modeling: Section 110(a)(2)(K) 

Section 110(a)(2)(K) of the CAA requires SIPs to provide for the performance of air quality 

modeling as the Administrator may prescribe for the purpose of predicting the ambient air 

quality impacts for any NAAQS and to provide for the submission of modeling related data to 

EPA upon request. 

 
17

The infrastructure to perform of air quality modeling is found in the state law: Section 643.050 

RSMo provides the authority to secure necessary scientific and technical services as well as to 

conduct studies, investigations and research. 

As stated throughout this document, 10 CSR 10-1.010 General Organization details the various 

duties of Air Program staff. Subparagraph 10 CSR 10-1.010(2)(D)3.G. establishes air quality 

modeling and air quality analysis functions for the Air Program. The Department employs air 

quality modeling staff in both the Planning and Permits Sections of the Air Program. Routine 

modeling staff duties include performing air quality modeling and related activities, such as 

collecting, quality assuring, analyzing model input data specific to impacted facilities – including 

but not limited to emissions data, meteorology, topography, geographic coordinates data, etc., 

and coordinating such efforts with the EPA. 

Thus, as authorized, the Air Program utilizes air quality modeling staff, including several staff in 

the Planning Section’s SIP Unit, to fulfill the requirements of Section 110(a)(2)(K) for the 2008 

Lead NAAQS. 

L. Permitting Fees: Section 110(a)(2)(L) 

Section 110(a)(2)(L) of the CAA requires SIPs to require the owner or operator of each major 

stationary source to pay the permitting authority a fee(s) per the Administrator’s approval of a 

fee program under Title V. 

The Department’s fee-collecting authority is found at Section 643.079 RSMo. In addition, the 

Air Program has a fully EPA-approved Title V operating permit program as authorized by 

Section 643.078 RSMo. The approved fee program for major stationary sources in Missouri 

includes permit application fees as codified in 10 CSR 10-6.065 Operating Permits, and annual 

Emissions Inventory Questionnaire fees pursuant to 10 CSR 10-6.110 Reporting Emission Data, 

Emission Fees, and Process Information. In addition to the fees directly related to 

implementation and enforcement of Missouri’s Title V program, additional construction permit 

fees are assessed and collected per state rule10 CSR 10-6.060 Construction Permits Required 

which is discussed in greater detail in part 2.2.C.ii. of this document. 

Appropriate subaccounts for the Title V program are discussed in part 2.2.E.iii. of this document. 

Therefore, Missouri has satisfied the requirements of Section 110(a)(2)(L) for the 2008 Lead 

NAAQS through its approved Title V program and collection of fees authorized by the 

applicable state statutes and regulations. 

M. Consultation / Participation of Local Entities: Section 110(a)(2)(M) 

Section 110(a)(2)(M) of the CAA requires SIPs to provide for consultation and participation by 

local political subdivisions affected by the plan. 

As noted in the part of this document (2.2.J.i.) regarding interagency consultation, Section 

643.050 RSMo requires the MACC to consult and coordinate with political subdivisions. Also 

pursuant to this statute, some of the other relevant powers and duties of the MACC include– 

• holding public hearings as required by Sections 643.010 to 643.190 RSMo 
18

• working with any board, department or other agency of any political subdivision 

or state or the federal government to secure necessary scientific, technical, 

administrative and operation services; providing assistance to political 

subdivisions. 

Furthermore, Subparagraph (2)(D)4.B. of state rule 10 CSR 10-1.010 directs the Air Program’s 

Planning Section to– 

Meet[s] all public participation requirements of state and federal laws involving 

rulemaking and SIP revisions. 

In addition to public hearings required by Missouri statutes and rules for certain activities 

including rulemakings, permits and variances, the MACC regularly conducts public hearings for 

all SIP elements submitted to EPA and routinely conducts public outreach meetings and 

coordination efforts with political subdivisions, industries and interested persons and groups. 

As an example of coordination activities with local entities, the program consults with and 

participates in Air Quality Forum meetings with major source industry, Small Business 

Compliance Advisory Committee meetings, and in meetings with Metropolitan Planning 

Organizations throughout the state. 

In summary, Missouri has satisfied the requirements of Section 110(a)(2)(M) for the 2008 Lead 

NAAQS through the public hearing, outreach and coordination efforts outlined in state statutes 

and regulations as executed by the Missouri Air Conservation Commission and the Department. 
19

3. CONCLUSION 

The state of Missouri acknowledges its responsibilities related to Section 110(a) of the CAA. 

Through this plan, the State of Missouri hereby certifies that it has the authority and resources to 

implement, maintain and enforce the 2008 revised NAAQS for Lead. Furthermore, this plan 

demonstrates that the State has addressed and fulfilled all the applicable requirements of Sections 

110(a)(1) and (2) of the CAA in regard to this revised standard. 
---------------------------

Pursuant to 643.055 RSMo, the Missouri Air Conservation Commission has 

determined that this action is needed to have a U.S. Environmental Protection 

Agency approved State Implementation Plan. 

The Revision to Section 110 Infrastructure Requirements for the 2008 Lead 

National Ambient Air Quality Standard is hereby adopted by the Missouri Air 

Conservation Commission this 8th day of December, 2011. 

~~~uL~_'Chairman 

fWM@~, Vice Chairman 

------:;.j~~~~J~f2.:::::c.-=============, Member 

-J.....I:::----'t1.£;~~I1-+--=-c---",-"cf),---=,~~=--__,Member 

-ltk_4f:~~~_'Member

, Member 

____________________________,Member 
State Plan Actions on Public Notice - DNR 	 Page 1 of3 

Jay Nixon, Governor 

Sara Parker Pauley, Director 

Air Pollution Control Program 

State Plan Actions 

On Public Notice I Proposed for Adoption 

On Public Notice 

The following proposed state plan actions are on public notice and comments are being 

accepted through the closing dates listed below. 

Revised 2008 8-Hour Ozone Standard Boundary Recommendation 

• 	Revised 2008 8-hour Ozone Standard Boundary Recommendation 

On Sept. 22, 2011, the U.S. Environmental Protection Agency released a memorandum 

to clarify for states the status of the 2008 Ozone National Ambient Air Quality 

Standard. In this document, EPA explicitly stated that the current standard is 0.075 

parts per million, or 75 parts per billion. EPA also announced their intentions to move 

forward with designations under the 2008 National Ambient A'ir Quality Standard, 

starting with the recommendations made by states in 2009, and then updating them 

with the most current, certified air quality data from the 2008 - 2010 monitoring 

period. 

Based on the 2008-2010 monitoring period, Missouri is submitting a revised area 

boundary recommendation as an amendment to the original boundary 

recommendation and technical support document submitted to EPA in March 2009. 

This revision will recommend the following: 

• Nonattainment - St. Louis City and St. Charles, St. Louis, Franklin and Jefferson 

Counties. 

• Attainment 	 Lincoln, Ste. Genevieve, Perry, Greene, Cass, Clay and Clinton 

Counties. 

• Attainment/unclassifiable - all other counties in the state of Missouri. 

This draft amendment will be on public notice beginning on Sept. 27, 2011 and ending 

at the close of business on Nov. 3, 2011. An opportunity to present oral comments is 

available during the Oct. 27, 2011 public hearing held as part of the Missouri Air 

Conservation Commission meeting that begins at 9 am at the Missouri Department of 

Conservation's Northeast Regional Office, Conservation Classroom, 3500 S. Baltimore, 

Kirksville, Missouri. Written comments regarding this boundary area revision should be 

sent no later than Nov. 3, 2011, to the attention of Wendy Vit, Air Quality Planning 

Section Chief at P.O. Box 176, Jefferson City, MO 65102-0176 or by sending email to 

apcpsip@dnr.mo.gov. 

http://dnr.mo.gov/env/apcp/stateplanrevisions.htm 	 9!3012011 
State Plan Actions on Public Notice - DNR 	 Page 2 of3 

Missouri State Implementation Plan Revision - Section 110 Infrastructure Requirements 

for the 2008 Lead National Ambient Air Quality Standard 

• Missouri State Implementation Plan Revision - Section 110 Infrastructure 


Requirements for the 2008 Lead National Ambient Air Quality Standard 


This plan was developed to fulfill the requirements of Section 110(a) of the Clean Air 

Act for the revised 2008 National Ambient Air Quality Standard for Lead. Section 110 

(a)(1) requires states to submit a state implementation plan revision after the 

promulgation of a new or revised national air standard to address the 

implementation, maintenance and enforcement infrastructure eLements of Section 

110(a)(2) for that standard. This plan is administrative in nature and demonstrates 

Missouri's ability and authority to implement these infrastructure elements for the 

revised 2008 lead standard via the referencing and discussion of applicabLe state 

statutes, regulations, programs or resources. 

This draft plan will be on public notice beginning on Sept. 27, 2011 and ending at the 

close of business on Nov. 3, 2011. An opportunity to present oral comments is 

available during the Oct. 27, 2011 pubLic hearing held as part of the Missouri Air 

Conservation Commission meeting that begins at 9 a.m. at the Missouri Department of 

Conservation's Northeast Regional Office, Conservation Classroom, 3500 S. Baltimore, 

Kirksville, Missouri. Written comments regarding this plan revision should be sent no 

later than Nov. 3, 2011, to the attention of Wendy Vit, Air Quality Planning Section 

Chief at P.O. Box 176, Jefferson City, MO 65102-0176 or by sending email to 

apcpsip@dnr. mo. gov. 

Missouri State Implementation Plan - Redesignation Demonstration and Maintenance 

Plan for the Missouri Portion of the St. Louis Nonattainment Area for the 1997 8-Hour 

Ground-Level Ozone National Ambient Air Quality Standard 

o 	 Redesignation Demonstration and Maintenance Plan for the Missouri Portion of 

the St. Louis Nonattainment Area for the 1997 8-Hour Ground-Level Ozone 

National Ambient Air Quality Standard 

• 	 Appendix A 

• 	 Appendix B 

• 	 Appendix C 

• 	 Appendix D 

• 	 Appendix E 

• 	 Appendix E -1 

• 	 Appendix E-2 

• 	 Appendix E-3 

• 	 Appendix E -4 

• 	Appendix E -5 

• 	 Appendix E-6 

• 	 Appendix E-7 

• 	 Appendix E -8 

• 	 Appendix F 

• 	 Appendix G 

htlp:lldnr.rno.gov/env/apcp/stateplanrevisions.htrn 9/3012011 
State Plan Actions on Public Notice - DNR Page 3 of3 

On April 30, 2004, the U. S. Environmental Protection Agency designated the Missouri 

counties of Franklin, Jefferson, St. Charles and St. Louis along with the City of St. 

Louis as a nonattainment area for the 1997 8-Hour Ozone National Ambient Air Quality 

Standard. Monitoring data shows that the violations of the standard are no longer 

occurring within the St. Louis region. Monitors located in the St. Louis metropolitan 

area have recorded three years of complete, quality assured ambient air quality 

monitoring data for 2008-2010, demonstrating attainment with the ozone standard. 

Now that the area has attained the standard, a redesignation request and 

maintenance plan for the St. Louis area is being submitted to EPA to redesignate the 

affected area to attainment for this NAAQS. This information will be on public notice 

beg'inning on Aug. 26, 2011 and ending at the close of business on Oct. 6, 2011. 

Written comments on this inventory should be sent to the attention of Wendy Vit, Air 

Quality Planning Section Chief at P.O. Box 176, Jefferson City, MO 65102-0176 or send 

email toapcpsip@dnr.mo.gov. 

Back to top 

Proposed for Adoption 

There are currently no state action plans proposed for adoption. 

Back to top 

http://dnr.mo.gov/env/apcp/stateplanrevisions.htm 9/30/2011
TRANSCRIPT OF PROCEEDINGS 10/27/2011 


Page 1 

1 

STATE OF MISSOURI 

BEFORE THE AIR CONSERVATION COMMISSION 

2 

3 

4 

5 

6 

PUBLIC HEARING 7 

TRANSCRIPT OF PROCEEDINGS 8 

TAKEN ON BEHALF OF 9 

THE MISSOURI AIR CONSERVATION COMMISSION 10 

OCTOBER 27, 2011 11 

12 

13 

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16 

17 

18 

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Page 3 

BEFORE THE AIR CONSERV A nON COMMISSION 

STATE OF MISSOURI 

PUBLIC HEARING 


TRANSCRIPT OF PROCEEDINGS 


Thursday, October 27,2011 

9:00 a.m. 

Missouri Department ofConservation 


3500 South Baltimore 


Kirksville, MO 63501 


Page 2 

1 

2 

1 	 INDEX 

2 

3 3 	 PAGE 4

4 WITNESS: KYRA MOORE 5 

5 Testimony of Kyra Moore 5 

6 6 

Page 4 

APPEARANCES 

Commissioners present: 

David Zimmerman, Chairman 

Gary Pendergrass 

Ron Boyer 

Jack Baker (appearing via telephone) 7 WITNESS: JOE WINKELMANN 7 8 Testimony ofJoe Winkelmann 5 I 

I 8 

9 9 Court Reporter:

10 WITNESS: TIFFANY DRAKE Melissa Bennett, MO CCR I307(T) 

11 Testimony ofTiffany Drake to 10 	 Midwest Litigation Services 

3432 West Truman Boulevard, Suite 207 12 11 	 Jefferson City, MO 65109 13 Reporter's Certificate 27 (573)636-7551 14 12 

15 13 

16 14 (No exhibits were marked herein.) 15 17 16 18 I 17 

19 18 

20 19 

20 21 

21 22 22 23 23 

24 24 

25 

1 (Pages 1 to 4) 

MIDWEST LITIGATION SERVICES 

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 

25 
TRANSCRIPT OF PROCEEDINGS 10/27/2011 


Page 5 Page 7 

1 TRANSCRIPT OF PROCEEDINGS 1 this reason, the Section 110 plan submittals are 

2 KYRA MOORE, being sworn, testified as follows: 2 commonly referred to as infracture SIP's. Elements of 

3 MS. MOORE: Chairman, members of the 3 the infrastructure SIP include: Ability to implement 

4 Commission, my name is Kyra Moore. I'm staff director 4 enforceable emission limits and control measures, air 

5 ofthe Air Pollution Control Program within the 5 quality monitoring, enforcement and construction 

6 Department ofNatural Resources for the Air 6 permit programs, public notification/consultation 

7 Conservation Commission. 1 work at 1659 East Elm 7 process, and air quality modeling. 

8 Street in Jefferson City, Missouri 65101. Notice of 8 This plan is administrative in nature and 

9 this public hearing was posted on the Department of 9 demonstrates that Missouri has the infrastructure 

10 Natural Resources' web page. The notice was also 10 necessary to implement these required elements for the 

11 distributed to approximately 300 citizens, 11 2008 revised lead standard via the referencing of 

12 organizations, corporations, associations, and elected 12 specific corresponding applicable state statutes, 

13 officials. In addition, the four local air pollution 13 regulations, programs, or resources. 

14 control agencies, the U.S. Environmental Protection 14 Although some elements of this plan are 

15 Agency, and the states of Illinois and Kansas were 15 pollutant specific, most ofthe infrastructure 

16 notified of this public hearing. 16 elements addressed within this proposed plan are 

l7 Chairman, this concludes my testimony. 17 general, institutional, or organizational in nature 

18 COMMISSIONER ZIMMERMANN: Thank you. Can 18 and would apply equally well to any ofthe criteria 

19 we have Joe Winkelmann. 19 pollutants. For this reason, many portions ofthis 

20 JOE WINKELMANN, being sworn, testified as follows: 20 plan may be used as a model for future infrastructure 

21 MR. WINKELMANN: Chairman, members ofthe 21 SIP's in the event of any newly promulgated or revised 

22 Commission, my name is Joe Winkelmann. I'm employed 22 NAAQS. Some elements of this plan are informative in 

23 as an environmental engineer with the Air Pollution 23 that they give an outline into the inner workings of 

24 Control Program located at 1659 East Elm Street, 24 the Air Program. There is also reference to state 

25 Jefferson City, Missouri. I'm here today to present 25 statutes and regulations that may not normally get 

Page 6 Page 8 

1 testimony for a proposed revision to the state 1 much attention because oftheir organizational, not 

2 implementation plan for the Section 110 infrastructure 2 regulatory, effect. 

L( D 3 requirements ofthe 2~tional Ambient Air Quality 3 One example of an element in this plan that 

~ -:stanoaro torQ"ynn (pho c). The revision starts on 4 is pollutant specific is paragraph 2.2.D addressing 

5 page 107 ofyour briefing document. 5 interstate transport of lead. This paragraph 

6 The purpose ofthis revision is to satisfy 6 discusses how lead's high density property causes it 

7 the requirements of Section 110 ofthe federal Clean 7 to have airborne characteristics radically different 

8 Air Act Amendments of 1990, hereafter referred to as 8 than other more dispersive and transportable criteria 

9 the Act, throughout the state for the lead air quality 9 pollutants. Nonetheless, this plan goes on to show 

10 standard that was revised by the U.S. Environmental 10 the steps that Missouri has taken to further mitigate 

11 Protection Agency in 2008. Section 110(a) ofthe Act 11 the contribution of lead emissions to our neighbors. 

12 

13 

requires that each state submit to EPA a SIP revision 

for the implementation, maintenance, and enforcement 

12 

13 

An example from this plan that illustrates '\) 

14 of each new or revised NAAQS within three years ofthe 14 

an 

pollutant 

element 

is 

that 

paragraph 

is not parti

2.2(9..0

lar 

0 adequate 

to a s e ' 

resources.

:W----­

D., /( 

~ )P

15 promulgation ofthe new or revised standard. On 15 belire the first paragraph mentioned should have been \0 ~, 16 October 15, 2008, the EPA promulgated a revised NAAQS 16 · his is 2.2.B. It seems that's a miStakj This ~.') ' 

17 for lead. The revision strengthened the primary and 17 paragraph~ins parts addressing pers nnel, 

18 

19 

secondary standards tenfold, decreasing the limits for 

airborne lead from 1.5 micrograms per cubic meter to 

18 

19 

funding, authority, and conflicts of interest. For 

instance, the part on conflicts of interest reviews 

~ ~~ V;~\~ 20 .15 micrograms per cubic meter. 20 the corresponding statutes and policies for Commission 

21 The intent of the Act in requiring this 21 members and staff members alike. 

22 plan submittal is to obligate the state to demonstrate 22 Infrastructure plans, however, do not 

23 it has the ability, authority, and resources to 23 directly address nonattainment areas. Recommendations 

24 implement the infrastructure elements located in 24 for lead area designations were adopted by this 

25 Section 11 0(a)(2) for each criteria pollutant. For 25 Commission on December 3, 2009, and were subsequently 

2 (Pages 5 to 8) 

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TRANSCRIPT OF PROCEEDINGS 10/27/2011 


Page 9 Page 11 

1 approved by the EPA. As a result ofthose 1 what the 2008 Ozone NAAQS was set at and how that 

2 designations, there are two areas in the state in 2 impacted different areas of Missouri. I will also 

3 nonattainment with the 2008 standard: The city limits 3 review the original boundary recommendations that were 

4 ofHerculaneum and an area around the Buick Secondary 4 adopted by this Commission in March of 2009 as well as 

5 Smelter in parts of Iron, Dent, and Reynolds Counties. 5 what actions EPA has taken regarding the standard 

6 The air pollution control program is currently and 6 since March of 2009. Then I will discuss the most 

7 separately developing attainment demonstration plans 7 recent air quality assured air monitoring data, which 

8 for these lead nonattainment areas as required by 8 is the basis ofthis revised recommendation. Finally, 

9 Section 110(a)(2)(1) ofthe Act and as discussed in 9 I will discuss what EPA has told the states in regards 

10 paragraph 2.2.1 ofthis plan. However, Title 1 Part D 10 to the next steps under this standard. 

11 ofthe Act governs the timing and other necessary 11 When the 2008 Ozone Standard was released 

12 specific elements ofthese nonattainment area plans. 12 in March of 2008, it was low -- it lowered the 

13 Therefore, the lead attainment plans will follow the 13 standard to .075 parts per million or 75 parts per 

14 timing schedule allowed per Section 172 ofthe Act, 14 billion or ppb. At that time many monitors across the 

15 not the timing requirement of Section 11O(a)(I), and 15 state violated the standard. In order to reach out 

16 thus those plans are not part ofthis document. 16 and educate many new areas ofthe state that could be 

17 Through this proposed plan, the State of 17 impacted by the revised standard, the Air Pollution 

18 Missouri certifies that it has the authority and 18 Control Program held stakeholder meetings in four 

19 resources to implement, maintain, and enforce the 2008 19 different areas ofthe state. These areas included 

20 revised lead NAAQS. Furthermore, this plan 20 S1. Louis, Kansas City, Springfield, and Perry County 

21 demonstrates that the state has addressed and 21 near Cape Girardeau. The public hearing for the 

22 fulfilled all the applicable infrastructure 22 proposed recommendation was held in December 2008, and 

23 requirements of Section 110(a) ofthe Act in regard to 23 the boundary recommendations based on 2006 to 2008 

24 this revised standard. 24 quality assured ozone monitoring data were submitted 

25 Ifthe Commission adopts this this plan, 25 to EPA by the March 2009 deadline. 

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Page 10 

it will be the Department's intention to submit it to 

the U.S. Environmental Protection Agency for inclusion 

in the Missouri State Implementation Plan. 

This concludes my testimony. 

Commissioners, I'll be happy to answer any questions. 

COMMISSIONER ZIMMERMANN: Does anyone have 

any questions? 

COMMISSIONER BOYER: No. 

COMMISSIONER ZIMMERMANN: Thank you. All 

right. We'll now have Tiffany Drake. 

TIFFANY DRAKE, being sworn, testified as follows: 

MS. DRAKE: Good morning, members of the 

Commission. My name is Tiffany Drake. I am employed 

with the Air Pollution Control Program as an 

environmental engineer. I work at 1659 East Elm 

Street, Jefferson City, Missouri. I am here today to 

present testimony on a revised 2008 8-Hour Ozone 

National Ambient Air Quality Standard, or NAAQS, 

boundary recommendation. The infonnation for this 

revised recommendation begins on page III ofyour 

briefing document. The presentation I am about to 

cover begins on page 117 ofyour briefing document. 

Before I discuss the revised recommendation 

itself, I would like to review some ofthe history of 

the 2008 Ozone NAAQS. This presentation will cover 

1 

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Page 12 

The map on this slide represents the 

recommended nonattainment boundaries submitted by the 

Department in March of2009. As you can see, the St. 

Louis and Kansas City nonattainment areas included new 

counties ofLincoln, Clinton, and Casso Sorry. 

That's a misprint. Perry and Ste. Genevieve Counties 

were each proposed as their own nonattainment areas, 

and St. Francis and Cape Girardeau Counties were 

recommended as unclassifiable. The remainder ofthe 

state was recommended as attainmentlunclassifiable. 

Following the submissions ofthe area 

recommendations, in September of2009, EPA announced 

its intention to reconsider the 2008 Ozone NAAQS. At 

that time EPA based its decision on the fact that 

their scientific advisory committee had recommended a 

range of60 to 70 ppb for the ozone standard, but the 

standard was set at 75 ppb. Over the next two years, 

EPA delayed announcing the result ofthe 

reconsideration four times. EPA's final self-set 

deadline for the reconsideration was July 31, 2011. 

During that time period, EPA also issued a statement 

that they were delaying action on the 2008 boundary 

recommendations. Finally, on September 2 of2011, 

President Obama issued a statement that he was 

suspending the reconsideration ofthe 2008 Ozone 

3 (Pages 9 to 12) 

MIDWEST LITIGATION SERVICES 

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 
COMMENTS AND RESPONSES 

AND

RECOMMENDATION FOR ADOPTION 

PROPOSED REVISION TO 

THE MISSOURI STATE IMPLEMENTATION PLAN — 

SECTION 110 INFRASTRUCTURE REQUIREMENTS 

FOR THE

2008 LEAD NATIONAL AMBIENT AIR QUALITY STANDARD 

On October 27, 2011 the Missouri Air Conservation Commission held a public hearing 

concerning the proposed revision to the Missouri State Implementation Plan (SIP) for the Section 

110 Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standard 

(NAAQS). Section 110(a)(1) of the federal Clean Air Act requires states to submit an 

implementation plan revision such as this after the promulgation of a new or revised NAAQS to 

address the implementation, maintenance, and enforcement infrastructure elements of Section 

110(a) for that NAAQS. This plan is administrative in nature and demonstrates Missouri’s 

ability and authority to implement these infrastructure elements for the 2008 revised Lead 

standard via the referencing of specific corresponding applicable state statutes, regulations, 

programs or resources. No written or verbal comments were received concerning this proposed 

plan during the public comment period. 

The document has not been reprinted in the briefing document as no changes were made from 

the proposal. The entire document is available for review at the Missouri Department of Natural 

Resources’, Air Pollution Control Program, 1659 East Elm Street, Jefferson City, Missouri, 

65101, (573)751-4817. It is also available online at 

http://dnr.mo.gov/env/apcp/stateplanrevisions.htm 

The Missouri Department of Natural Resources’ Air Pollution Control Program recommends the 

commission adopt the plan action as proposed. If the commission adopts this plan action, it will 

be the department’s intention to submit this plan to the U.S. Environmental Protection Agency 

for inclusion in the Missouri State Implementation Plan. 

SUMMARY OF COMMENTS: No written or verbal comments were received concerning this 

proposed SIP revision.