Mr. Mark Hague 

Acting Regional Administrator 

U.S. EPA, Region VII 

11201 Retmer Boulevard 

Lenexa, KS 6621 9 

Dear Mr. Hague: 

JUL 1 9 2016 

AWMD/APCO 

On August 8, 2011. the Missouri Department ofNatural Resources' Air Pollution Control 

Program submitted requests for the EPA to include amendments to state 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 request for 

the EPA to include another amendment to state 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 now found 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 on the web. 

The August 3 1, 2012 rule amendment deferred for a period of three years the application of the 

Title V pem1itting requirements to carbon 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 may not treat GHGs as an air pollutant 

for purposes of determining whether a source is a major source required to obtain a Prevention of 

Significant Deterioration (PSD) or Title 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 were under review. 

Because these federal requirements in Missouri's rulemaking were vacated 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 not include the phrase "including the 

revision published at 75 FR 31606-07 (effective August 2, 201 0)" so that subsection 

(8)(A) will read" . . .. promulgated as of July 1, 2009, are hereby incorporated .... " 

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the 2011 EPA temporary deferral ofbiogenic greenhouse gas (GHG) sources from requirements 

to obtain 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 sources from PSD permitting requirements for biogenic GHG 

emissions, until July 21, 2014. The DC Circuit ruled that EPA did not have authority under the 

CAA to treat 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 was vacated by the D.C. Circuit in 2013, the department's Air 

Pollution Control Program asks that EPA only approve the nonsubstantive wording clarifications 

and not include the sentence in subparagraph (2)(A)2.B. beginning with "For the purposes of this 

rule, prior to July 21, 2014, ... :· in this approval. Missouri requests that 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 notes that although the language we have requested to include in the SIP does not 

include the GHG emission federal permitting requirements or the deferral provisions, these 

provisions still appear in the text of the state-approved regulations, until amended by a future 

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

supplemental submittal information, please contact me at the 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