[ Mr. Mark Hague Acting Regional Administrator U.S. EPA, Region VII 11201 Retmer Boulevard Lenexa, KS 6621 9 Dear Mr. Hague:

( Jeremiah W. Uay) Nixon, Governor

•Sara Parker Pauley, Dirccror T OF NATURAL RESOURCES www.dnr.mo.gov RECEIVED JUL 1 9 2016 A WMD/APCO On August
8, 2011. the Missouri Department ofNatural Resources' Air Pollution Control Program submitted requestsfor the EPA toinclude amendments

tostate regulations

10 CSR 10- 6.060 Construction Pennits Required and 10 CSR 10-6.065, Operating Permits,
in the Missouri State Implementation Plan (SIP). On August 31
,2012, the department submitted

a requestfor the EPA toinclude another amendment

tostate regulation
10 CSR 10-6.065
in the SIP. The August
8, 2011 rule amendments incorporated greenhouse gas (GHG) emission federal permitting requirements. The 10 CSR 10-6.060 amendment also incorporated nonsubstantive wording clarifications. The 10 CSR 10-6

.065 amendment also removed definitions nowfound in state regulation
10 CSR 10-6

.020, streamlined the public notice procedure
to align with the Federal Register, and allowed flexibility
to publish notices onthe web. The August

3 1, 2012 rule amendment deferred for a period of three yearsthe application
of the Title V pem1itting requirements

tocarbon dioxide emissions from bioenergy and other biogenic stationary sources.The amendment also incorporated nonsubstantive wording clarifications

. On June 23

,2014, the U.S. Supreme Court held that EPA maynottreat GHGs asanair pollutant for purposesof determining whether

asourceis a major source required toobtain

aPrevention of Significant Deterioration (PSD) orTitle V permit. On April 10, 2015, in accordance with the Supreme Court decision, the U.S. Court of Appeals for the District of Columbia (DC Circuit) vacated certain provisions of the PSD and Title V permit requirements that wereunder review. Because these federal requirements

in Missouri's rulemaking werevacated in 2015, Missouri requests that EPA incorporate the August
8, 2011 amendments into the federally-approved
rule but with the exclusion of the following language: 10 CSR 10-6.060-
In subsection (8)(A), do notinclude the phrase "including the revision published
at75 FR 31606-07 (effective August 2, 201 0)" sothat subsection (8)(A) will read"

.
...promulgated

asof July 1, 2009, are hereby incorporated ....
" 0 Rtt, dcd PaperMr. Mark Hague Page Two
r 10 CSR 10-6.065-
In paragraph (2)(A)2., removethe words "Except that:" and remove subparagraphs (2)(A)2.A. and (2)(A)2.B. On July 12,2013, the U.S. Court of Appeals for the District of Columbia (DC Circuit) vacated

1 the 2011 EPA temporary deferral ofbiogenic greenhouse gas (GHG) sourcesfrom requirements toobtain

a permit for those GHG emissions under the Clean Air Act (CAA). The EPA deferral had the two-part effect of a) delaying Title V permitting requirements
for biogenic GHG emissions, and b) exempting sourcesfrom PSD permitting requirements
for biogenic GHG emissions, until July 21, 2014. The DC Circuit ruled that EPA did not have authority under the CAA totreat biogenic GHG emissions different than other pollutant emissions for Prevention
of Significant Deterioration (PSD) and Title V permitting. Because the temporary deferral included in Missouri's rulemaking wasvacated by the D.C. Circuit in 2013, the department's Air Pollution Control Program asks that EPA only approvethe nonsubstantive wording clarifications and notinclude the sentence
in subparagraph (2)(A)2.B. beginning with "For the purposesof this rule, prior to July 21, 2014, ...:·in this approval. Missouri requeststhat EPA incorporate the clarification wording changes
in the August 31, 2012 submittal into the federally-approved
rule but without the biogenic deferral wording changes in the submittal. Missouri notesthat although the language wehave requested
toinclude in the SIP does not include the GHG emission federal permitting requirements

orthe deferral provisions

,these provisions still appearin the textof the state-approved regulations, until amended by afuture action. The department's Air Pollution Control Program confirms that it will follow the language incorporated into the SIP when implementing Title V permits. Thank youfor yourattention
tothis matter.If youhave any questions regarding this supplemental submittal information, please contactmeatthe department's Air Pollution Control Program, P.O. Box 176, Jefferson City, MO 65102, or by phone at (573) 751-4817. Sincerely, **~~ LLUTION** CONTROL PROGRAM **~~** Director