STATE OF MISSOURI Jeremia.h W. (J3 )') Ni xo n, Go vernor. Sara Park e r P a uley, Director 

# DEPARTMENT OF NATURAL RESOURCES

viww. dnr.mo.go v



## OCT 2 2013

Mr. Karl Brooks Regional Administrator U.S. EPA, Region VII 11201 Renner Boulevard Lenexa, KS 66219

Dear Mr. Brooks:

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 10-5.570 Control of Sulfur Emissions From Stationary Boilers

This amendment clarifies that the sulfur dioxide (S02) emission limit described in paragraph (3)(A)2. applies only to the total S02 emissions from applicable units within an installation and

not the total S02 emissions from the entire brewery installation. At the same time, definitions in this rule that can now be found in 10 CSR 10-6.020, Definitions and Common Reference Tables have been removed.

The commission adopted the enclosed rule action(s) on June 27, 2013, after considering
comments received at public hearing and throughout the open public comment period. 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 of Natural Resources requests that the U.S. Envirorunental Protection Agency amend the SIP to replace the current rule(s) in the SIP.

Compliant with the April 6, 2011 

### SIP regional consistency memo, an exact duplicate of this submittal is also being provided as an electronic attachment in an email to the Region VII Missouri coordinator.

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



# o**lt~·l" ,ct.** **,I I·** **.I!II'"**

### Mr. Karl Brooks Page Two

please contact Wendy Vit, with the Department's Air Pollution Control Program at P.O. Box 176, Jefferson City, MO 65102 or by phone at (573) 751-7840.

Sincerely, 

# A;J;V:f**C~;:OL** PROGRAM

Kyra 

### L. Moore Director

KLM:ssc

Enclosures:

Copy of rule published in CSR Copy of commission signature page certifying Missouri Air Conservation Commission adoption Copy of technical support documentation for rule (if applicable) Copies of public hearing notices Copy of public hearing transcript introductory statement Copy of MO Reg proposed rulemaking Copy ofMO Reg order of rule making with comments/responses Mark-Up of Existing Federally-Approved State Regulation(s)

c : Missouri Air Conservation Commission

### Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area 10 CSR 10-5

determined as specified in paragraph (3)(B)3. of this rule achieved by the incinerator, or the concentration of TOC (parts per million byvolume, by compound) determined as specified in paragraph (3)(B)3. of this rule at the outlet of the control device on a dry basis corrected to three percent (3%) oxygen. 2. Where an owner or operator subjectto the provisions of this rule seeks to demonstrate compliance with subparagraph (3)(A)1.A. of this rule through the use of aboiler or process heater and the boiler or process heater is not exempt from these requirements due to all vent streams being introduced with primary fuel— A. A description of the location at which the vent stream is introduced into the boiler or process heater; and B. The ave rage combustion temperature of the boiler or process heater with adesign heat input capacity of less than fortyfour (44) megawatts measured at least every fifteen (15) minutes and ave raged over the same time period of the performance test. 3. Where an owner or operator subjectto the provisions of this rule seeks to demonstrate compliance with subparagraph (3)(A)1.B. of this rule through the use of asmokeless flare; flare design (i.e., steamassisted, air-assisted, or nonassisted), all visible emission readings, heat content determinations, flow rate measurements, and exitvelocity determinations made during the performance test, continuous records of the flare pilot flame monitoring, and records of all periods of operations during which the pilot flame is absent. 4. Where an owner or operator subjectto the provisions of this rule seeks to demonstrate compliance with paragraph (3)(A)2. of this rule— A. All measurements and calculations performed to determine the flow rate, and volatile organic compound concentration, heating value, and TRE index value of the vent stream; andB. Records shall be kept of the following final recovery device parameters: (I) Where an absorber is the final recovery device in the recovery system, the exit specific gravity (or alternative parameterwhich is a measure of the degree of absorbing liquid saturation, if approved, by the permitting authority), and ave rage e xit temperature of the absorbing liquid measured at least fifteen (15) minutes and ave raged over the same time period of the performance testing(both measured while the vent stream is normally routed and constituted); (II) Where a condenser is the final recovery device in the recovery system, the
average e xit (product side) temperature measured at least every fifteen (15) minutes and averaged over the same time period of the performance testing while the vent stream is routed and constituted normally; or (III) Where a carbon adsorber isthe final recovery device in the recovery system, the total stream mass or volumetric flow measured at least every fifteen (15) minutes and ave raged over the same time period of theperformance test (full carbon bed cycle), temperature of the carbon bed after regeneration(and within fifteen (15) minutes of completion of any cooling cycle(s)), and duration of the carbon bed steaming cycle (all measuredwhile the vent stream is routed and constituted normally). 5. As an alternative to subparagraphs (4)(A)4.A. or (4)(A)4.B. of this rule, the concentration level or reading indicated by the organics monitoring device at the outlet of the absorber, condenser, or carbon adsorber, measured at least every fifteen (15) minutes and ave raged over the same time period as the performance testing while the vent stream is normally routed and constituted.

(B) Each reactor process or distillation operation seeking to comply with paragraph (3)(A)2. of this rule shall also keep records of the following information: 1. Any changes in production capacity, feedstock type, or catalyst type, or of anyreplacement, removal, and addition of recovery equipment or reactors and distillation units; and 2. Any recalculation of the flow rate, TOC concentration, or TRE value performed according to paragraph (3)(B)7. of this rule.

(C) Each reactor process or distillation operation seeking to comply with the flowrate or concentration exemption level in paragraph (1)(B)4. of this rule shall keep records to indicate that the stream flow rate is less than 0.0085 standard cubic meters per minute or the concentration is less than five hundred (500) parts per million by volume.

(D) Each reactor process or distillationoperation seeking to comply with the production capacity exemption level of one (1) gigagram per year shall keep records of the design production capacity and changes in equipment or process operation that may affect design production capacity to the affected process unity.

(E) All records must be kept on-site for a period of five (5) years and made available to the department upon request.

(5) Test Methods. See section (3) of this rule for applicable test methods.

AUTHORITY: section 643.050, RSMo Supp. 1998.* Original rule filed July 15, 1999, effective Feb. 29, 2000

.

*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995. 10 CSR 10-5.570 Control of Sulfur Emissions From Stationary Boilers

PURPOSE: This rule limits sulfur dioxide (SO 2 ) emissions from industrial boilers in the St. Louis Nonattainment Area. By reducing SO 2 emissions released into the atmosphere, emissions of fine parti cles (PM 2.5

) will bereduced. This rule is intended to curb emission in the St. Louis Nonattainment Area in compliance with the federal Clean Air Fine Particle Implementation Rule to reduce the risk of PM 2.5 violations, which may prompt redesignation and/or sanctions from the U.S.Environmental Protection Agency. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is the federally approved 2007 Clean Air Fine Particle Implementation Rule.

PUBLISHER’S NOTE:  The secretary of state has determined that the publication of theentire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.This note applies only to the reference material. The entire text of the rule is printed here.

(1) Applicability. This rule shall apply to all applicable installations located in the counties of Franklin, Jefferson, St. Charles, St. Louis, and the City of St. Louis.

(A) This rule applies to installations that own or operate an industrial, commercial, or institutional boiler or process heater that has anameplate capacity greater than fifty (50) million British thermal units (mmBtu) per hour.

(B) Installations affected by this rule shall be in compliance no later than December 31, 2010.

(C) The types of boilers and process heaters listed in paragraphs (1)(C)1. through 5. of this rule are not subject to this rule. 1. Any unit subject to and in compliance with the Phase II Acid Rain program (40 CFR 96 subpart AAA). 2. A boiler or process heater that is used specifically for research and development. This does not include units that only provide heat or steam commercially to a process at a research and development installation.3. Temporary boilers as defined in section (2) of this rule. 4. Any unit under subsection (1)(A) ofthis rule which demonstrates, using the emission estimation methods outlined in section (5) of this rule, that the unit’s mass SO 2 emissions are twenty-five (25) tons or less during

CODE OF STATE REGULATIONS 109 J ASON K ANDER (9/30/13) Secretary of Statethe calendar year. To the extent such demonstration relies on pollution control equipment or operational controls, such controls must be enforceable. 5. Boilers that exclusively burn natural gas, liquefied petroleum (LP) gas, and/orfuel oil number two (2) with less than fivetenths percent (0.5%) sulfur, at the option of the installation. 6. Loss of exemption. If the exemptionlimit in paragraph (1)(C)4. of this rule is subsequently exceeded, the exemption shall no longer apply and the owner or operator must notify the staff director or designee within thirty (30) days of such event. If the owner or operator can demonstrate to the staff director or designee that the exemption limit was exceeded due to emergency operations or uncontrolled circumstances, the exemption inparagraph (1)(C)4. of this rule shall be reinstated. Emergency events include the use of boilers to produce power for critical networks or equipment when electric power from the local utility or the normal power source, ifthe installation runs on its own power production, is interrupted, or the use of boilers to pump water in the case of fire or flood, etc. The use of boilers to reduce electricitydrawn from a power utility during utility designated peak time periods, to supply power to an electric grid, or to supply power as part of a financial arrangement with another entity is not considered an emergency event. 7. Compliance with this rule shall notrelieve any owner or operator of the responsibility to comply fully with applicable provisions of the Air Conservation Law or anyother requirements under local, state, or federal law. Specifically, compliance with this rule shall not violate the permit conditions previously established under 10 CSR 10- 6.060 or 10 CSR 10-6.065.

(2) Definitions. Definitions of certain terms specified in this rule may be found in 10 CSR 10-6.020.

(3) General Provisions.

(A) Emission Limitations.

1. Except as otherwise provided in this section, no installation shall cause or allow the emission of sulfur dioxide (SO 2 ) into the atmosphere exceeding one (1.0) pound (lb) of SO 2 per mmBtu of actual heat input in any thirty (30)-day period from any installation with applicable units. 2. No brewery shall cause or allow the combined total of atmospheric emissions of SO 2 from all applicable emission units within an installation to exceed three thousand fifty (3,050) tons during any twelve (12)- month rolling period. SO 2 emission from allapplicable units shall be determined by compliance with subparagraph (3)(C)2.D. of this rule.

(B) Measurements for Single Units.Measurements shall be one (1) of the following: 1. Measurements of SO 2 emissions from stationary sources shall be made according to an applicable method specified in 40 CFR 60,Appendix A, Method 6, 6A, 6B, or 6C promulgated as of December 23, 1971, and incorporated by reference in this rule, as published by the U.S. Government Printing Office, 732 N. Capitol Street NW, Washington, DC 20401 or by measurement procedures established pursuant to 40 CFR 60.8(b) promulgated as of May 16, 2007, and incorporated by reference in this rule, as published by the U.S. Government Printing Office, 732 N. Capitol Street NW, Washington, DC 20401. This ruledoes not incorporate any subsequent amendments or additions; or 2. Monthly analysis method. Installationssubject to this rule shall demonstrate compliance or non-compliance by an analysis of calendar monthly composites of daily fuel samples using American Society for Testing and Materials (ASTM) procedures, or by vendor certification, at the option of the installation. Installations opting to use vendor certification shall provide monthly individual verification from all vendors using the ASTM procedures prescribed in this paragraph of consumedsolid fuels including different vendor supplied batches of coal. The specific ASTM procedures, D2234 (published in May 1, 2007), D2013 (published in June 10, 2007), D3177 (published in May 1, 2007), D3180(published in July 15, 2007), D4239 (published in February 1, 2008), D5865 (published in November 1, 2007), D240 (published in May 1, 2007), D2622 (published in March 1, 2008), D5504 (published in June 1, 2006), and D6228 (published in May 10, 2003) shall be used for fossil fuel or gaseous fuel sampling, sulfur, and, if needed, heating value determinations and are incorporated by reference in this rule, as published by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. This rule does not incorporate any subsequent amendments or additions.

(C) Measurements for Multi-Unit andMulti-Fuel Installations. For sources not controlling SO 2 emissions by flue gas desulphurization equipment or by sorbent injection, the following alternate compliance method may be used: 1. SO 2 emission rates for a single boilerthat burns different fuels. The owner or operator of an affected installation shall determine the SO 2 emission rate of a large boiler which burns multiple fuels separately, according to the following formula:

q rs ∑ (Ka q ) + ∑ (Kb
r ) + ∑ (Kc
s ) E
s = i=1 i=1 i=1 H T
Where: E S = unit SO 2 emissions in lb per mmBtu heat input; K
a = solid fuel sample monthly composite SO 2 emission rate in lbs; K

b = liquid fuel sample monthly composite SO 2 emission rate in lbs; K
c = gaseous fuel sample monthly composite SO 2 emission rate in lbs; q = number of different solid fuels used including the number of different batches of coal; r = number of different liquid fuels used; s = number of different gaseous fuels used; and H T = total heat content for all fuels in any monthly period. 2. Averaging SO 2 emissions among different boilers.A. To meet the requirements of paragraphs (3)(A)1. and (3)(A)2. of this rule, if there is more than one (1) existing boiler located at an installation, compliance may bedemonstrated by emission averaging according to the procedures in this paragraph. B. For a group of two (2) or more existing boilers that each vent to a separate or common stack, SO 2 emissions may be averaged to demonstrate compliance with the limits in paragraphs (3)(A)1. and (3)(A)2. of this rule. C. Compliance with the limit in paragraph (3)(A)1. of this rule must be demonstrated on a monthly rolling ave rage. The first period begins on the compliance date. For each monthly period, the following equation must be used to calculate the monthly rolling average wei ghted emission rate using the actual heat capacity for each existing boiler participating in the emissions averaging option.

n ∑ (Er x Hb) Avg Weighted Emissions = i=1

n ∑ Hb i=1

Where: Avg Weighted Emissions = monthly ave rage weighted emission level for SO 2 , in units of lbs per mmBtu of heat input; Er = Emission rate, in units of lbs per mmBtu of heat input; Hb = The ave rage heat input for each monthly period of boiler, i, in units of mmBtu; and

110 CODE OF STATE REGULATIONS (9/30/13) J ASON K ANDER Secretary of State 

### 10 CSR 10-5—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission

### Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area 10 CSR 10-5

n = Number of boilers participating in the emissions averaging option.D. Compliance with the limit in paragraph (3)(A)2. of this rule must be demonstrated on a twelve (12)-month rolling total. The first period begins on the compliance date. For each twelve (12)-month period, the following equation must be used to calculate the twelve (12)-month rolling total weighted emission rate using the actual heat capacity for each existing boiler participating in the emission averaging option.

Where: Avg SO 2 Emissions = twelve (12)-month total weighted emission level for SO 2 , in units of tons of SO 2 ; Ka = solid fuel monthly SO 2 emissions in tons based on material/mass balance as the source of the emission factor; Where: Sulfur % by weight 64.064 tons fuel Ka =

________ ×

________ ×

________ 100 32.065 burned

Kb = liquid fuel monthly SO 2 emissions in tons based on similar material/mass balancecalculations as Ka as the source of the emission factor; Kc = gaseous fuel monthly SO 2 emissions in tons based on similar material/mass balancecalculations as Ka as the source of the emission factor; n = number of boilers participating in the emissions averaging option; q = number of different solid fuels used including the number of different batches of coal; r = number of different liquid fuels used; and s = number of different gaseous fuels used.

(D) Monitoring Requirements. Any owner or operator of an industrial, commercial, or institutional boiler; or process heater subject to this rule equipped with flue gas desulfurizationor sorbent inject controls shall use a continuous emission monitoring system (CEMS) to monitor compliance. Owners or operators subject to this rule without control equipment shall comply with one (1) of the following requirements: 1. A CEMS that:

A. Meets the applicable requirements of 40 CFR part 60, subpart A, Appendix B, promulgated as of September 28, 2007, andincorporated by reference in this rule, as published by the U.S. Government PrintingOffice, 732 N. Capitol Street NW, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions; and

B. Complies with the quality assurance procedures regardless of whether theinstallation is subject to new source performance standards (NSPS) specified in 40 CFR part 60, Appendix F, promulgated as of June 13, 2007, and incorporated by reference inthis rule, as published by the U.S. Government Printing Office, 732 N. Capitol Street NW, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions; 2. An alternate monitoring procedure or monitoring plan approved by the director and the U.S. Environmental Protection Agency (EPA).

(4) Reporting and Record Keeping.

(A) Reporting Requirements. The owner or operator subject to this rule shall— 1. Submit the calculation and record keeping procedure by February 15 of each year based upon correlations with ASTM and 40 CFR part 60, Appendix A reference method results, promulgated as of December 23, 1971, and incorporated by reference in this rule, as published by the U.S. Government Printing Office, 732 N. Capitol Street NW, Washington, DC 20401. This ruledoes not incorporate any subsequent amendments or additions;2. Submit an annual report to the director by February 15 following the end of the initial compliance period and by February 15 for each year thereafter unless the affected unit is subject to an NSPS. The annual report shall document for each affected unit, the average of the tons of SO 2 emitted during the previous twelve (12)-month period or the twelve (12)-month rolling total starting the first full year after the compliance period;3. By February 15 of every year following the initial compliance period, submit monthly reports for the previous calendar year unless the affected unit is subject to an NSPS. The monthly reports shall document the following information for each affected unit: A. For units equipped with a CEMS, both the total heat input in mmBtu and the SO 2 emission rate in lbs per mmBtu for the unit; and B. For units without a CEMS, the total number of tons of each solid fuel burned including different vendor supplied batches ofcoal, volume of each gaseous fuel and/or volume each liquid fuel; ave rage per cent sulfur content of each solid fuel including different vendor supplied batches of coal, each liquid fuel and/or each gaseous fuel; and each solid fuel including different vendor supplied batches of coal, each liquid fuel and/or each gaseous fuel ave rage heat content in Btu per lb; and 4. Excess emissions.

A. Units maintaining a CEMS, shall submit an excess emissions monitoring sys tem performance report by February 15 following the end of the initial compliance period and by February 15 for each year thereafter unless the affected unit is subject to an NSPS, in accordance with— (I) 40 CFR 60.7(c), promulgated as of February 12, 1999, and incorporated by reference in this rule, as published by the U.S. Government Printing Office, 732 N. Capitol Street NW, Washington, DC 20401.This rule does not incorporate any subsequent amendments or additions.; and (II) 40 CFR 60.13, promulgated asof June 13, 2007, and incorporated by reference in this rule, as published by the U.S. Government Printing Office, 732 N. Capitol Street NW, Washington, DC 20401. This ruledoes not incorporate any subsequent amendments or additions. B. Units not maintaining a CEMS,shall submit a written report of excess emissions according to 10 CSR 10-6.260, subsection (4)(A) regardless of whether 10 CSR 10-6.260 applies, unless the affected unit is subject to an NSPS. (B) Record Keeping Requirements. The owner or operator subject to this rule shall maintain all records necessary to demonstrate compliance with this rule for a period of five (5) years at the plant at which the unit is located. Daily records, along with the twelve (12)-month rolling tonnage or twelve (12)- month rolling ave rage, shall be made available no later than one (1) month following any calendar month. The records shall be made available to the director upon request. The owner or operator shall maintain records of the following information for each month the unit is operated: 1. The identification number of each

CODE OF STATE REGULATIONS 111 J ASON K ANDER (9/30/13) Secretary of State q rs n ∑ (Ka q )
n + ∑ (Kb
r )
n + ∑ (Kc
s )
n Avg SO 2 Emissions = ∑ i=1 i=1 i=1 i=1 1112 CODE OF STATE REGULATIONS (9/30/13) J ASON K ANDER Secretary of State 

### 10 CSR 10-5—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission

unit and the name and address of the plant where the unit is located for each unit subject to this rule; 2. The calendar date of record;3. The number of hours the unit is operated each day including start-ups, shutdowns, malfunctions, and the type and duration of maintenance and repair;4. The date and results of each emissions inspection;5. A summary of any emissions corrective maintenance taken; 6. The results of all compliance tests; 7. If a unit is equipped with a CEMS—

A. The identification of time periods during which SO 2 standards are exceeded, the reason for exceedance, and action taken to correct the exceedance and prevent similar future exceedances; andB. The identification of the time periods for which operating conditions and pollutant data were not obtained, including reasons for not obtaining sufficient data, and a description of corrective actions taken; 8. The total heat input for each fuel used per emissions unit on a monthly basis; 9. The amount of each fuel consumed per emissions unit on a monthly basis; 10. The ave rage heat content for each fuel used per emissions unit on a monthly basis; 11. The ave rage per cent sulfur for each fuel used per emissions unit on a monthly basis; 12. The emission rate in lbs per mmBtu for each unit on a monthly basis for those units complying with the limit in paragraph (3)(A)1. of this rule. The twelve (12)-month rolling ave rages must be made available upon request for the inspector to review no later than one (1) month following any calendar month; 13. The monthly emission rate in tons SO 2 for those units complying with the limit in paragraph (3)(A)2. of this rule. The twelve (12)-month rolling tonnages must be made available upon request for inspector reviewno later than one (1) month following any calendar month; and 14. Any other reports deemed necessary by the director.

(5) Test Methods. The following hierarchy of methods shall be used to determine if a unit qualifies for the low-emitter exemption in paragraph (1)(C)4. of this rule. If data is not available for an emission estimation methodor an emission estimation method is impractical for a source, then the subsequent emission estimation method shall be used in its place: (A) CEMS as specified in 10 CSR 10- 6.110;

(B) Stack tests as specified in 10 CSR 10- 6.110;

(C) Material/mass balance; (D) AP-42 (EPA Compilation of Air Pollution Emission Factors ) or FIRE (FactorInformation and Retrieval System) (as updated);

(E) Other EPA documents as specified in 10 CSR 10-6.110;

(F) Sound engineering calculations; or (G) Installations shall obtain department and EPA pre-approval of any other alternate emission estimation method not listed in this section before using such method to estimate emissions.
AUTHORITY: section 643.050, RSMo Supp. 2012.* Original rule filed Dec. 16, 2008, effective Sept. 30, 2009. Amended: Filed March 13, 2013, effective Oct. 30, 2013.

*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011.

### Order of Rulemaking

Compliant with 

## 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.



## 10 CSR 

## 10-5.570 (amendment) Control of Sulfur Emissions From Stationary Boilers, is hereby ADOPTED 

### by the Missouri Air Conservation Commission this 

## 2ih day of June, 

## 2013.

, Chairman

# -7'**j}. <......:::001** **---;. -=-** **CJ--} ----"** **,, -----** **--,** Vice Chairman 

# -e$I/Ji)Dii(

, Member

# ~~ Member

# =.::.....::**=-----_,**

________________ , Member

_________________________ , Member

_____ __ ___ _ _ _____________ , Member

### Jay Nixon, Governor Sara Parker Pauley, Director 

# Air Pollution Control Program

Rulemakings on Public Notice

The Missouri Department of Natural Resources filed the following proposed rulemakings with the secretary of state's office and comments are being accepted as noted at th e end of the proposed rulemaking under the Notice of Public Hearing an d Notice to Submit Comments heading. To submit comments electronically, use the links below the rule or to submit written comments see the address below.

10 CSR 10-6.060 ( amendment ) Construction Permits Required

This proposed amendment will inco rporate by reference the U.S. En vironmental Protection Agency's (EPA's) revisions to plantwide applicability limi tations (PALs) for Greenhouse Gas (GHG) emissions finalized with Step 3 of the GHG Tailoring Rule. These revisions give facilities subject to GHG permitting the option of establishing PALs on a carbon dioxide equivalent basis and docume nts that EPA is retaining the current GHG permitting thresholds, ensuring that GHG permitting requirements continue to apply to large sources only. The rulemaking will also remove the EPA’s grandfather provision that allowed certain sources to use coarse particulate ma tter as a surrogate for fine partic ulate matter during the transition to PM2.5 permitting. This administrative change which will up date the incorporation by reference date for the GHG PAL option will not affect any Missouri sources. Other revisions include correcting the definition of "regulated NSR pollutant ", modifying the notification period for initial equipment start-up to improve tracking of new/modified equipment and test ing, and clarifying de minimis permit air quality analysis requirements.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.
10 CSR 10-5.570 (amendment) Control of Sulfur Emissions From Stationary Boilers

This proposed amendment will clarify th at the brewery sulf ur dioxide (SO2) emission limit applies only to the total SO2 emissions from applicable units within an installation and not the total SO2e missions from the entire brewery installation. This rulemaking will also remove de finitions in this rule that can be found in 10 CSR 10-6.020 Definitions and Common Reference Tables.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-6.345 ( rescission ) Control of NOx Emission s From Upwind Sources Pa g e 1 of 3 Rulemakin g s on Public Notice - DNR

4/16/2013 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm

### This is a proposed rescission of an expired rule. Subsection (1)(C) states this rule will expire five years from the December 30, 2006 effective date. The five-year period en ded on December 30, 2011.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-6.400 ( amendment ) Restriction of Emission of Particulate Matt er From Industrial Processes

This proposed amendment will add a hierarchy of various compliance methods, providing options for demonstrating compliance in addition to stack tests, and clarify that this rule limits filterable particulate matter only. This rulemaking will also remove definitions in this rule that ca n be found in 10 CSR 10- 6.020 Definitions and Common Reference Tables.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-6.110 ( amendment ) Reporting Emission Data, Emission Fe es, and Process Information

This proposed amendment will refere nce the applicable year(s) for the emission fee requirement to meet section 643.079 of the Revised Statutes of Missouri which requires emission fees to be set at least every three (3) years by rule. There will be no change to the fees at this time. This rulemaking also proposes to better reflect information requir ed in emission reports and clarifie s the types and frequency of reports to be submitted to the department ’s Air Pollution Control Program fo r Emissions Inventory Questionnaire purposes, including a revision to Table 4. This rulemaking will also remove definitions in this rule that can be found in 10 CSR 10-6.020 Definitions and Common Reference Tables.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.
10 CSR 10-6.390 (amendment) Control of NOx Emissions From Large Stationary Internal Combustion Engines

This proposed amendmen t will correct the words “a kiln” to “an engine” found in subsection (3)(F). This rulemaking will also remove definitions in this rule that can be found in 10 CSR 10-6.020 Definitions and Common Reference Tables.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013. Pa g e 2 of 3 Rulemakin g s on Public Notice - DNR

4/16/2013 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm1 

### Bechtel, Cheri

From: Missouri DNR <MODNR@public.govdelivery.com> Sent: Wednesday, April 24, 2013 11:18 AM To: Bechtel, Cheri Subject: Courtesy Copy: Missouri DNR Air Public Notices Update



### This is a courtesy copy of an em ail bulletin sent by Cheri Bechtel.

This bulletin was sent to the following groups of people:

Subscribers of Air Public Notices (450 recipients)

Having trouble viewing this email? View it as a Web page

.

Below is a notice for items being presented for public hearing at the May 30, 2013 Missouri Air Conservation Commission meeting. If you have an y questions, please contact Wendy Vi t with the Air Pollution Control Program at (573) 526-3167 or wendy.vit@dnr.mo.gov

.

MISSOURI AIR CONSER VATION COMMISSION WILL HOLD PUBLIC HEARING

JEFFERSON CITY, MO -- The Missouri Air Conser vation Commission will hol d a public hearing on Thursday, May 30, 2013 beginning at 9 a. m. at the Elm Street Conferen ce Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri. The commission will hear testimony related to the fo llowing proposed action(s):
* 10 CSR 10-6.060 (amendme nt) Construction Permits Required

* 10 CSR 10-5.570 (amendment) Control of Sulfur Emissions From Stationary Boilers

* 10 CSR 10-6.345 (rescission) Control of NO x 

### Emissions From Upwind Sources

The above rule action will not be submitted for incl usion in the Missouri State Implementation Plan because the rule is not permanent and enforceable and never was intended to be part of the Missouri State Implementation Plan.

* 10 CSR 10-6.400 (amendment) Restrictio n of Emission of Particulate Matter From Industrial Processes

* 10 CSR 10-6.110 (amendment) Reporting Em ission Data, Emission Fees, and Process Information

The above rule action will be submitted for inclusi on in the Missouri State Implementation Plan and the Missouri Title V program.2 

### * 10 CSR 10-6.390 (amendment) Control of NO x 

### Emissions From Large Stationary Internal Combustion Engines

* Missouri State Implementation Plan – Section 110 Infrastructure Re quirements for the 2008 Ozone National Ambient Air Quality Standard

* Missouri State Implementation Plan – S ection 110 Infrastructure Requi rements for the 2010 Sulfur Dioxide (SO 2 

### ) National Ambient Air Quality Standard

If the Commission adopts the action(s), it will be the De partment’s intention to submit the action(s) to the U.S. Environmental Protection Agency to be incl uded in Missouri’s State Implementation Plan unless otherwise noted above.

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

The Department will accept written or email comments for the record until 5 p.m. on June 6, 2013. Please send written comments to Chief, Air Quality Planning Section, Air Pollution Control Program, P.O. Box 176, Jefferson City, MO 65102-0176. Email comments may be submitted via the program web site noted above. All written and email comments and public hear ing testimony will be equally considered.

Citizens wishing to speak at the public hearing should notify the secretary to th e Missouri Air Conservation Commission, Missouri Department of Natural Resour ces, Air Pollution Control Program, P.O. Box 176, Jefferson City, Missouri 65102-0176, or telephone ( 573) 526-3420. The Department requests persons intending to give verbal presenta tions also provide a wr itten copy of their testimony to the commission secretary at the time of the public hearing.

Persons with disabilities requiring special services or accommodations to attend the meeting can make arrangements by calling the Program di rectly at (573) 751-4817, the Divisi on of Environmental Quality's toll free number at (800) 361-4827, or by writing two weeks in advance of the meeting to: Missouri Department of Natural Resources, Air Conservation Commissi on Secretary, P.O. Box 176, Jefferson City, MO 65102. Hearing impaired persons may contact the program through Relay Missouri, (800) 735-2966.

You are subscribed to the Air Publ ic Notices topic for Missouri DNR. Th is information has recently been updated, and is now available at the link below. Tha nk you for your interest in the Air Public Notices.

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.Public Hearing 5/30/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 1



### 1 DEPARTMENT OF NATURAL RESOURCES

2 MISSOURI AIR CONSERVATION COMMISSION

3

4

5

6

7

8
9 Public Hearing

1730 East Elm Street
10 Jefferson City, Missouri
May 30, 2013

11 9 a.m.

12

13

14

Before:

15

Jack Baker, Chairman

16 Mark S. Garnett

Gary Pendergrass

17 David Zimmerman

18

19

20

Reported by:

21 Melissa Bennett
Midwest Litigation Services

22 3432 West Truman Boulevard, Suite 207
Jefferson City, MO 65109

23 (573)636-7551

24

25Public Hearing 5/30/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 2


### 1 Agenda for Public Hearing

2

3

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

5 10 CSR 10-5.570 (amendment) Control of Sulfur
Emissions from Stationary Boilers

6

10 CSR 10-6.345 (recission) Control of NOx Emission s 7 from Upwind Sources

8 10 CSR 10-6.400 (amendment) Restriction of Emissio n of

Particulate Matter from Industrial Processes

9
10 CSR 10-6.110 (amendment) Reporting Emission Data , 10 Emission Fees, and Process Information

11 10 CSR 10-6.390 (amendment) Control of NOx Emissi ons from Large Stationary Internal Combustion Engines

12
Missouri State Implementation Plan - Section 110
13 Infrastructure Requirements:
14 2008 Ozone National Ambient Air Quality Stan dard
2010 SO2 National Ambient Air Quality Standard

15

16

17

18

19

20

21

22

23

24

25Public Hearing 5/30/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 4



### 1 P R O C E E D I N G S

2 (Proceedings commenced at 9:32 a.m.)

3 CHAIRMAN BAKER: I'll call the public

4 hearing to order. The hearing will come to order.

5 Let the record show that the following commissione rs

6 are present: Jack Baker, Mark Garnett, Gary

7 Pendergrass, and David Zimmerman. The Air

8 Conservation Commission of the State of Missouri h as

9 called this public hearing pursuant to Section

10 643.070, Revised Statutes of Missouri; EPA promul gated

11 Rule 40 CFR 51.102, for the purpose of hearing

12 testimony related to: 10 CSR 10-6.060, amendment ,

13 Construction Permits Required; 10 CR -- CSR 10-5. 570,

14 amendment, Control of Sulfur Emissions from Stati onary

15 Boilers; 10 CSR 10-6.345, rescission, Control of NOx

16 Emissions from Upwind Sources; 10 CSR 10-6.400,

17 amendment, Restriction of Emission of Particulate

18 Matter from Industrial Processes; 10 CSR 10-6.110 ,

19 amendment, Reporting Emission Data, Emission Fees , and

20 Process Information; 10 CS -- 10 CSR 10-6.390,

21 amendment, Control of NOx Emissions from Large

22 Stationary Internal Combustion Engines; Missouri State

23 Implementation Plan Section 110 Infrastructure

24 Requirements, 2008 Ozone National Ambient Air Qua lity

25 Standard, 2010 SO2 National Ambient Air QualityPublic Hearing 5/30/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 8


### 1 This revision establishes (sic) the interpretation for

2 measuring particulate matter emissions under the P SD

3 and new source review programs that there is no

4 explicit requirement to include the measurement of

5 condensable particulate matter. However, the

6 condensable portion continues to be required for

7 emissions of PM10 and PM2.5;

8 And finally, repeal the grandfather

9 provision for particulate matter less than 2.5

10 micrometers under the prevention of significant

11 deterioration program.

12 If the Commission adopts this rule ac tion,

13 it will be the Department's intention to submit t his

14 rule amendment to the U.S. Environmental Protecti on

15 Agency to replace a current rule that is in the

16 Missouri State Implementation Plan.

17 Mr. Chairman, that concludes my testi mony.

18 I'll be happy to answer any questions you might h ave

19 specific to these rule amendments.

20 CHAIRMAN BAKER: Any questions? Than k you,

21 Aaron. Okay. The next would be 10 CR -- CSR 10- 5.570

22 and Mr. Stanley.

23 (Seanmichael Stanley was sworn.)

24 MR. STANLEY: Hello, Commissioners. My

25 name is Seanmichael Stanley, and I'm an environme ntalPublic Hearing 5/30/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 9


### 1 specialist with the Air Pollution Control Program

2 located at 1659 East Elm Street in Jefferson City,

3 Missouri. I'm here today to present testimony for the

4 proposed amendment to 10 CSR 10-5.570, Control of

5 Sulfur Emissions from Stationary Boilers. The rul e

6 text can be found on page 121 of your briefing

7 document.

8 This proposed amendment will clarify t hat

9 the sulfur dioxide emission limit described in

10 Paragraph 3(A)(2) applies only to the total sulfu r

11 dioxide emissions from applicable units within an

12 installation and not the total sulfur dioxide

13 emissions from the entire brewing installation. As

14 currently written, it could be interpreted that t he

15 sulfur dioxide emission limit applies to emission s

16 from the entire facility rather than the applicab le

17 units as intended. At the same time, this rulema king

18 will remove definitions from the rule that can no w be

19 found in 10 CSR 10-6.020, Definitions and Common

20 Reference Tables.

21 If the Commission adopts this rule ac tion,

22 it will be the Department's intention to submit t his

23 rule amendment to the U.S. Environmental Protecti on

24 Agency to replace the current rule that is in the

25 Missouri State Implementation Plan.National Highway Traffic Safety Administration, identified as “Model Specifications for Breath Alcohol Ignition Interlock Devices” 57 FR 11772–11787, which is incorporated by reference and made a part of this rule as published in the Federal Register by the National Highway Traffic Safety Administration, 1200 New Jersey SE, Washington, DC 20590 and effective April 7, 1992, are no longer satisfied. This rule does not incorporate any subsequent amendments or additions to this publication.

(B) A revocation shall last for at least one (1) year after the final decision of the Missouri Department of Transportation,Traffic and Highway Safety Division or the committee, whichever comes last. A device that has been revoked will have to follow the procedures of 7 CFR 60-2.020 to become approved. The Missouri Department of Transportation, Traffic and HighwaySafety Division or the committee may impose additional requirements to ensure the safety of the public for a revoked device to be approved. Actions that have the effect of jeopardizing public safety by the authorized service provider and/or their installers may result in a longer revocation, not to exceed five (5) years.

(3) Notice and Review.

[(B)] (A) Notice of suspension or revocation shall be mailed to a representative of the authorized service provider at the last known address on file with the Missouri Department of Transportation, Traffic and Highway Safety Division. The notice is deemed received three (3) days after mailing unless returned by postal authorities.

[(C)] (B) A suspension or revocation is effective fifteen (15) days after notification is deemed received by the authorized service provider when no written request for an informal review has been received by the Missouri Department of Transportation, Traffic and Highway Safety Division

.

(C) If, in the sole discretion of the Missouri Department of Transportation, Traffic and Highway Safety Division, the deviceshall be suspended or revoked immediately due to a risk to public safety, such suspension or revocation is effective the day notification is deemed received by the authorized service provider.

(D) An authorized service provider may request an informalreview of a suspension or revocation. This request must be submitted to the Missouri Department of Transportation, Traffic and Highway Safety Division, in writing, within ten (10) days of receipt of a notice of suspension or revocation. 1. The informal review may be conducted in person, in writing, or by telephone with Missouri Department of Transportation, Traffic and Highway Safety Division personnel delegated to conduct such informal review by the Missouri Highways and Transportation Commission. 2. In the event that the informal review is unable to resolve the dispute between the Traffic and Highway Safety Division and the authorized service provider, the [initial determination] committee may issue a decision which shall become the final decision of the commission.

(E) Within [ninety (90)] thirty (30) days of the event of suspension, revocation , or voluntary surrender of approval, an authorizedservice provider shall be responsible for notifying operators of decertified devices and shall bear the cost for the removal of any and all decertified devices from operators’ vehicles and the installation of new devices which must be selected from the state of Missouri’s list of approved devices.

AUTHORITY: sections 302.060, 302.304, 302.309, 302.525, and 577.041, RSMo Supp. 2012, sections 577.600–577.614, RSMo 2000 and RSMo Supp. [2008] 2012, and section 226.130, RSMo 2000. This rule originally filed as 11 CSR 60-2.060. Emergency rule filed Feb. 5, 1996, effective Feb. 15, 1996, expired Aug. 12, 1996. Original rule filed Feb. 16, 1996, effective Aug. 30, 1996. Moved to 7 CSR 60-2.060, effective Aug. 28, 2003. Amended: Filed May 7, 2009, effective Dec. 30, 2009. Amended: Filed March 7, 2013. PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with the Missouri Department of Transportation, Pamela J. Harlan, Secretary to the Commission, PO Box 270, Jefferson City, MO 65102. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register . No public hearing is scheduled.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area

PROPOSED AMENDMENT

10 CSR 10-5.570 Control of Sulfur Emissions From Stationary Boilers . The commission proposes to amend section (2) and subsections (3)(A) and (3)(C). If the commission adopts this rule action, it will be the department’s intention to submit this rule action to the U.S. Environmental Protection Agency for inclusion in the Missouri State Implementation Plan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural Resources’ Air Pollution Control Program at the address listed in the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri Department of Natural Resources’ Environmental Regulatory Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule limits sulfur dioxide (SO 2 ) emissions fromindustrial boilers in the St. Louis Nonattainment Area. This amendment will clarify that the limit for emissions from breweries is forapplicable units only and not a limit for the entire installation’s emissions. This amendment will also remove definitions that can be found in 10 CSR 10-6.020 Definitions and Common Reference Tables. The evidence supporting the need for this proposed rulemaking, per536.016, RSMo, is a letter dated June 26, 2009, from AnheuserBusch, Inc. requesting clarification of the regulatory language.

(2) Definitions. Definitions of certain terms specified in this rule may be found in 10 CSR 10-6.020.

[(A) Boiler—An enclosed device using controlled flame combustion and having the primary purpose of recovering thermal energy in the form of steam or hot water.

(B) Commercial/Institutional boiler—A boiler used in commercial establishments or institutional establishments such as medical centers, institutions of higher education, hotels, and laundries to provide electricity, steam, and/or hot water.

(C) Gaseous fuel—A combustible gas that includes, but is not limited to, natural gas, landfill gas, coal derived gas, refinery gas, and biogas. Blast furnace gas is not considered a gaseous fuel for the purposes of this rule.

(D) Industrial boiler—A boiler used in manufacturing, processing, mining, and refining, or any other industry to provide steam, hot water, and/or electricity.

(E) Liquid fuel—A combustible liquid that includes, but is not limited to, distillate oil, residual oil, waste oil, and process liquids. (F) Process heater—Any enclosed device using controlled flame, that is not a boiler, and the unit’s primary purpose is 

### Page 593 April 15, 2013 Vol. 38, No. 8 Missouri Registerto transfer heat indirectly to a process material (liquid, gas, or solid) or to heat transfer material for use in a process unit, instead of generating steam. Process heaters are devices inwhich the combustion gases do not directly come into contact with process materials. Process heaters do not include units used for comfort heat or space heat, food preparation for onsite consumption, or autoclaves.

(G) Solid fuel—A solid material used as a fuel that includes, but is not limited to, coal, wood, biomass, tires, plastics, and other nonfossil solid materials. (H) Temporary boiler—Any gaseous or liquid fuel boiler that is designed to, and is capable of, being carried or moved from one (1) location to another. A temporary boiler that remains at a location for more than one hundred eighty (180) days during any three hundred sixty-five (365)-day period is no longer considered to be a temporary boiler. Anytemporary boiler that replaces a temporary boiler at a location and is intended to perform the same or similar function will be included in calculating the consecutive time period.

(I) Definitions of certain terms specified in this rule, other than those identified in this rule section, may be found in 10 CSR 10-6.020.]

(3) General Provisions.

(A) Emission Limitations.

1. Except as otherwise provided in this section, no installation shall cause or allow the emission of sulfur dioxide (SO 2 ) into the atmosphere exceeding one (1.0) pound (lb) of SO 2 per mmBtu of actual heat input in any thirty (30)-day period from any installation with applicable units. 2. No brewery shall cause or allow the [emission of SO 2 into the atmosphere exceeding three thousand fifty (3,050) tons SO 2 in any twelve (12)-month rolling period from any installation with applicable units] combined total of atmospheric emissions of SO 2 from all applicable emission units within an installation to exceed three thousand fifty (3,050) tons during any twelve (12)-month rolling period . SO 2 emission from all applicable units shall be determined by compliance with subparagraph (3)(C)2.D. of this rule.

(C) Measurements for Multi-Unit and Multi-Fuel Installations. For sources not controlling SO 2 emissions by flue gas desulphurization equipment or by sorbent injection, the following alternate compliance method may be used: 1. SO 2 emission rates for a single boiler that burns differentfuels. The owner or operator of an affected installation shall determine the SO 2 emission rate of a large boiler which burns multiple fuels separately, according to the following formula:

qrs ∑ (Ka q ) + ∑ (Kb r ) + ∑ (Kc s ) E s = i=1 i=1 i=1 H T

Where: E s = unit SO 2 emissions in lb per mmBtu heat input; K a = solid fuel sample monthly composite SO 2 emission rate in lbs; K

b = liquid fuel sample monthly composite SO 2 emission rate in lbs; K c = gaseous fuel sample monthly composite SO 2 emission rate in lbs; q = number of different solid fuels used including the number of different batches of coal; r = number of different liquid fuels used; s = number of different gaseous fuels used; and H T [=] = total heat content for all fuels in any monthly period. 2. Averaging SO 2 emissions among different boilers. A. To meet the requirements of paragraphs (3)(A)1. and (3)(A)2. of this rule, if there is more than one (1) existing boiler located at a n installation, compliance may be demonstrated by emission averaging according to the procedures in this paragraph. B. For a group of two (2) or more existing boilers that each vent to a separate or common stack, SO 2 emissions may be ave raged to demonstrate compliance with the limits in paragraphs (3)(A)1. and (3)(A)2. of this rule. C. Compliance with the limit in paragraph (3)(A)1. of this rule must be demonstrated on a monthly rolling ave rage. The first period begins on the compliance date. For each monthly period, the following equation must be used to calculate the monthly rolling average wei ghted emission rate using the actual heat capacity for each existing boiler participating in the emissions averaging option.

n ∑ (Er x Hb) Avg Weighted Emissions = i=1

n ∑ Hb i=1

Where: Avg Weighted Emissions = monthly ave rage wei ghted emission level for SO 2 , in units of lbs per mmBtu of heat input; Er = Emission rate, in units of lbs per mmBtu of heat input; Hb = The ave rage heat input for each monthly period of boiler, i, in units of mmBtu; and n = Number of boilers participating in the emissions averaging option. D. Compliance with the limit in paragraph (3)(A)2. of this rule must be demonstrated on a twelve (12)-month rolling total. The first period begins on the compliance date. For each twelve (12)- month period, the following equation must be used to calculate thetwelve (12)-month rolling total weighted emission rate using the actual heat capacity for each existing boiler participating in the emission averaging option.

q rs n ∑ (Ka q ) n + ∑ (Kb r ) n + ∑ (Kc s ) n Avg SO 2 Emissions = ∑ i=1 i=1 i=1 i=1 1

Where: Avg SO 2 Emissions = twelve (12)-month total weighted emission level for SO 2 , in units of tons of SO 2 ; Ka = solid fuel monthly SO 2 emissions in tons based on material/mass balance as the source of the emission factor; Where: Sulfur % by weight 64.064 tons fuel Ka =

________ ×

________ ×

________ 100 32.065 burned

Kb = liquid fuel monthly SO 2 emissions in tons based on similarmaterial/mass balance calculations as Ka as the source of the emission factor; Kc = gaseous fuel monthly SO 2 emissions in tons based on similar material/mass balance calculations as Ka as the source of the emission factor; n = number of boilers participating in the emissions averaging option; q = number of different solid fuels used including the number of different batches of coal; r = number of different liquid fuels used; and s = number of different gaseous fuels used. 

### Page 594 Proposed Rules April 15, 2013 Vol. 38, No. 8AUTHORITY: section 643.050, RSMo [2000] Supp. 2012 . Original rule filed Dec. 16, 2008, effective Sept. 30, 2009. Amended: Filed March 13, 2013.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin at 9:00 a.m., May 30, 2013. The public hearing will be held at the Elm Street Conference Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri.Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit a written or email statement of their views until 5:00 p.m., June 6, 2013. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102-0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

PROPOSED AMENDMENT

10 CSR 10-6.060 Construction Permits Required . The commission proposes to amend subsections (5)(D), (6)(A), (6)(E), and (8)(A). If the commission adopts this rule action, it will be the department’s intention to submit this rule amendment to the U.S. Environmental Protection Agency to replace the current rule that is in the Missouri State Implementation Plan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural Resources’ Air Pollution Control Program at the address listed in the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri Department of Natural Resources’ Environmental Regulatory Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule defines sources which are required to obtain permits to construct. It establishes requirements to be met prior to construction or modification of any of these sources. This rule also establishes permit fees and public notice requirements for certainsources and incorporates a means for unifying the processing of construction and operating permit issuance. The purpose of this amendment is to incorporate by reference three (3) U.S. EnvironmentalProtection Agency (EPA) rules that revise plantwide applicability limitations for greenhouse gases (GHGs), repeal the grandfather provision for particulate matter less than 2.5 micrometers (PM 2.5

) underthe prevention of significant deterioration (PSD) program, and correct the definition of regulated New Source Review (NSR) pollutant inthe NSR program. At the same time, the notification period for initial equipment start-up is being modified to improve tracking ofnew/modified equipment and testing and de minimis permit air quality analysis requirements are being clarified. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is Federal Register Notice dated July 12, 2012, finalizing step 3 of the GHG tailoring rule; Federal Register Notice dated May 18, 2011, repealing grandfather clause for PM 2.5 under PSD program; Federal Register Notice dated October 25, 2012, correcting regulated NSR pollutant definition; email dated October 7, 2009, requesting rule language correction; and Rule Comment Form dated August 10, 2010, requesting rule language clarification.

(5) De Minimis Permits.

(D) Air Quality Analysis Requirements.

1. An air quality analysis will not be required for applications having a maximum design capacity emission rate of no more than the hourly de minimis level unless paragraph (5)(D)2. of this ruleapplies. For applications having a maximum design capacity emission rate greater than the hourly de minimis level, a permit will be issued only if an air quality analysis demonstrates that the proposed construction or modification will not [appreciably affect air quality or the air quality standards are not appreciably exceeded.]

— A. Interfere with the attainment or maintenance of NAAQS and the air quality standards established in 10 CSR 10- 6.010; or B. Cause or contribute to ambient air concentrations in excess of any applicable maximum allowable increase listed insubsection (11)(A) Table 1, of this rule, over the baseline concentration in any attainment or unclassified area. 2. Exceptions. The director may require an air quality analysisfor applications if it is likely that emissions of the proposed construction or modification will [appreciably affect air quality or the air quality standards are being appreciably exceeded or complaints filed in the vicinity of the proposed construction or modification warrant an air quality analysis.]

— A. Interfere with the attainment or maintenance of NAAQS and the air quality standards established in 10 CSR 10- 6.010; B. Cause or contribute to ambient air concentrations in excess of any applicable maximum allowable increase listed insubsection (11)(A) Table 1, of this rule, over the baseline concentration in any attainment or unclassified area; orC. Complaints filed in the vicinity of the proposed construction or modification warrant an air quality analysis.

(6) General Permit Requirements for Construction or Emissions Increase Greater Than De Minimis Levels.

(A) A permit shall be issued pursuant to this section only if it is determined that the proposed source operation or installation will
not— 1. Violate any of the applicable provisions of this rule; 2. Interfere with the attainment or maintenance of [ambient air quality standards] NAAQS and the air quality standards established in 10 CSR 10-6.010 ; 3. Cause or contribute to ambient air concentrations in excess of any applicable maximum allowable increase listed in subsection (11)(A) Table 1, of this rule, over the baseline concentration in any attainment or unclassified area; 4. Violate any applicable requirements of the Air Conservation Law; and 5. Cause an adverse impact on visibility in any Class I area (those designated in paragraph (12)(I)3. of this rule).

(E) After a permit has been granted—

1. The owner or operator subject to the provisions of this rule shall furnish the permitting authority written notification as follows: A. A notification of the anticipated date of initial start-up of the source operation or installation [not more than sixty (60) days or less than] within thirty (30) days [prior to that date] of actual start-up ; and B. A notification of the actual date of initial start-up of a source operation or installation within fifteen (15) days after that date; 2. A permit may be revoked if construction or modification work is not begun within two (2) years from the date of issuance or if work is suspended for one (1) year, and if— A. The delay was reasonably foreseeable by the owner or operator at the time the permit was issued; 

### Page 595 April 15, 2013 Vol. 38, No. 8 Missouri RegisterTitle 6—DEPARTMENT OF HIGHER EDUCATION Division 10—Commissioner of Higher Education Chapter 3—Higher Educational Residency Determination

ORDER OF RULEMAKING

By the authority vested in the Commissioner of Higher Education under section 173.005.2(7), RSMo Supp. 2012, the commissioner amends a rule as follows:

6 CSR 10-3.010 Determination of Student Residency is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on May 15, 2013(38 MoReg 755). No changes have been made in the text of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

.

SUMMARY OF COMMENTS: No comments were received.

Title 6—DEPARTMENT OF HIGHER EDUCATION

Division 10—Commissioner of Higher Education

Chapter 10—Out-of-State Public Institutions

ORDER OF RULEMAKING

By the authority vested in the Commissioner of Higher Education under section 173.005.2(7), RSMo Supp. 2012, the commissioner amends a rule as follows: 6 CSR 10-10.010 Out-of-State Public Institutions is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on May 15, 2013 (38 MoReg 755–757). No changes have been made in the text of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

.

SUMMARY OF COMMENTS: No comments were received.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation Commission under section 643.050, RSMo Supp. 2012, the commission amends a rule as follows:

10 CSR 10-5.570 Control of Sulfur Emissions From Stationary Boilers is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on April 15, 2013 (38 MoReg 593–595). No changes have been made in the text of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

. SUMMARY OF COMMENTS: The Missouri Department of NaturalResources’ Air Pollution Control Program did not receive any comments on the proposed amendment.

Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation Commission under section 643.050, RSMo Supp. 2012, the commission amends a rule as follows:

10 CSR 10-6.060 is amended.

A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on April 15, 2013 (38 MoReg 595–596). Those sections with changes are reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

. SUMMARY OF COMMENTS: The Missouri Department of Natural Resources’ Air Pollution Control Program received five (5) comments from one (1) source: the U.S. Environmental Protection Agency (EPA)

. 

# Orders of Rulemaking

1426 

# T his section will contain the final text of the rules proposedby agencies. The order of rulemaking is required to contain a citation to the legal authority upon which the order or rulemaking is based; reference to the date and page or pages where the notice of proposed rulemaking was published in the Missouri Register ; an explanation of any change between the text of the rule as contained in the notice of proposedrulemaking and the text of the rule as finally adopted, together with the reason for any such change; and the full text of any section or subsection of the rule as adopted which has been changed from that contained in the notice of proposed rulemaking. The effective date of the rule shall be not lessthan thirty (30) days after the date of publication of the revision to the Code of State Regulations

. 

# T he agency is also required to make a brief summary of the general nature and extent of comments submitted in support of or opposition to the proposed rule and a concise summary of the testimony presented at the hearing, if any,held in connection with the rulemaking, together with a concise summary of the agency’s findings with respect to the merits of any such testimony or comments which are opposed in whole or in part to the proposed rule. The ninety- (90-) day period during which an agency shall file its order of rulemaking for publication in the Missouri Register begins either: 1) after the hearing on the proposed rulemaking is held; or 2) at the end of the time for submission of comments to the agency. During this period, the agency shall file with the secretary of state the order of rulemaking, either putting the proposed rule into effect, with or without further changes, or withdrawing the proposed rule. September 3, 2013 Vol. 38, No. 17 M ISSOURI R EGISTER

### CSR 10-5.570 Control of Sulfur Emissions **From Stationary Boilers**

(1) Applicability. This rule shall apply to all applicable installations located in the counties of Franklin, Jefferson, St. Charles, St. Louis, and the City of St. Louis.

(A) This rule applies to installations that own or operate an industrial, commercial, or institutional boiler or process heater that has a nameplate capacity greater than fifty (50) million British thermal units (mmBtu) per hour.

(B) Installations affected by this rule shall be in compliance no later than December 31, 2010.

(C) The types of boilers and process heaters listed in paragraphs (1)(C)1. through 5. of this rule are not subject to this rule.

1. Any unit subject to and in compliance with the Phase II Acid Rain program (40 CFR 96 subpart AAA).

2. A boiler or process heater that is used specifically for research and development. This does not include units that only provide heat or steam commercially to a process at a research and development installation.

3. Temporary boilers as defined in section (2) of this rule.

4. Any unit under subsection (1)(A) of this rule which demonstrates, using the emission estimation methods outlined in section (5) of this rule, that the unit’s mass SO 2 

### emissions are twenty-five (25) tons or less during the calendar year. To the extent such demonstration relies on pollution control equipment or operational controls, such controls must be enforceable.

5. Boilers that exclusively burn natural gas, liquefied petroleum (LP) gas, and/or fuel oil number two (2) with less than five-tenths percent (0.5%) sulfur, at the option of the installation.

### 10 CSR 10-5.570

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### 6. Loss of exemption. If the exemption limit in paragraph (1)(C)4. of this rule is subsequently exceeded, the exemption shall no longer apply and the owner or operator must notify the staff director or designee within thirty (30) days of such event. If the owner or operator can demonstrate to the staff director or designee that the exemption limit was exceeded due to emergency operations or uncontrolled circumstances, the exemption in paragraph (1)(C)4. of this rule shall be reinstated. Emergency events include the use of boilers to produce power for critical networks or equipment when electric power from the local utility or the normal power source, if the installation runs on its own power production, is interrupted, or the use of boilers to pump water in the case of fire or flood, etc. The use of boilers to reduce electricity drawn from a power utility during utility designated peak time periods, to supply power to an electric grid, or to supply power as part of a financial arrangement with another entity is not considered an emergency event.

7. Compliance with this rule shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the Air Conservation Law or any other requirements under local, state, or federal law. Specifically, compliance with this rule shall not violate the permit conditions previously established under 10 CSR 10-6.060 or 10 CSR 10-6.065.

(2) Definitions. **Definitions of certain terms specified in this rule may be found in 10 CSR 10-6.020.** 

(A) Boiler— An enclosed device using controlled flame combustion and having the primary purpose of recovering thermal energy in the form of steam or hot water.

(B) Commercial/Institutional boiler— A boiler used in commercial establishments or institutional establishments such as medical centers, institutions of higher education, hotels, and laundries to provide electricity, steam, and/or hot water.

(C) Gaseous fuel— A combustible gas that includes, but is not limited to, natural gas, landfill gas, coal derived gas, refinery gas, and biogas. Blast furnace gas is not considered a gaseous fuel for the purposes of this rule.

### 10 CSR 10-5.570

3 

### (D) Industrial boiler— A boiler used in manufacturing, processing, mining, and refining, or any other industry to provide steam, hot water, and/or electricity.

(E) Liquid fuel— A combustible liquid that includes, but is not limited to, distillate oil, residual oil, waste oil, and process liquids.

(F) Process heater— Any enclosed device using controlled flame, that is not a boiler, and the unit’s primary purpose is to transfer heat indirectly to a process material (liquid, gas, or solid) or to heat transfer material for use in a process unit, instead of generating steam. Process heaters are devices in which the combustion gases do not directly come into contact with process materials. Process heaters do not include units used for comfort heat or space heat, food preparation for onsite consumption, or autoclaves.

(G) Solid fuel— A solid material used as a fuel that includes, but is not limited to, coal, wood, biomass, tires, plastics, and other nonfossil solid materials.

(H) Temporary boiler— Any gaseous or liquid fuel boiler that is designed to, and is capable of, being carried or moved from one (1) location to another. A temporary boiler that remains at a location for more than one hundred eighty (180) days during any three hundred sixty-five (365)-day period is no longer considered to be a temporary boiler. Any temporary boiler that replaces a temporary boiler at a location and is intended to perform the same or similar function will be included in calculating the consecutive time period.

(I) Definitions of certain terms specified in this rule, other than those identified in this rule section, may be found in 10 CSR 10-6.020.

### 10 CSR 10-5.570

4 

### (3) General Provisions.

(A) Emission Limitations.

1. Except as otherwise provided in this section, no installation shall cause or allow the emission of sulfur dioxide (SO 2 

### ) into the atmosphere exceeding one (1.0) pound (lb) of SO 2 

### per mmBtu of actual heat input in any thirty (30)-day period from any installation with applicable units.

2. No brewery shall cause or allow the emission of SO 2 

### into the atmosphere exceeding three thousand fifty (3,050) tons
SO 2 

### in any twelve (12)-month rolling period from any installation with applicable units **combined total of atmospheric emissions of**
**SO 2**  

### from all applicable emission units within an installation to **exceed three thousand fifty (3,050) tons during any twelve (12)- month rolling period**  . SO 2 

### emission from all applicable units shall be determined by compliance with subparagraph (3)(C)2.D. of this rule.

(B) Measurements for Single Units. Measurements shall be one (1) of the following:

1. Measurements of SO 2 

### emissions from stationary sources shall be made according to an applicable method specified in 40 CFR 60, Appendix A, Method 6, 6A, 6B, or 6C promulgated as of December 23, 1971, and incorporated by reference in this rule, as published by the U.S. Government Printing Office, 732 N. Capitol Street NW, Washington, DC 20401 or by measurement procedures established pursuant to 40 CFR 60.8(b) promulgated as of May 16, 2007, and incorporated by reference in this rule, as published by the U.S. Government Printing Office, 732 N. Capitol Street NW, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions; or

2. Monthly analysis method. Installations subject to this rule shall demonstrate compliance or non-compliance by an analysis of calendar monthly composites of daily fuel samples using American Society for Testing and Materials (ASTM) procedures, or by vendor certification, at the option of the installation. Installations opting to use vendor certification shall provide monthly individual verification from all vendors using the ASTM procedures prescribed in this paragraph of

### 10 CSR 10-5.570

5 

### consumed solid fuels including different vendor supplied batches of coal. The specific ASTM procedures, D2234 (published in May 1, 2007), D2013 (published in June 10, 2007), D3177 (published in May 1, 2007), D3180 (published in July 15, 2007), D4239 (published in February 1, 2008), D5865 (published in November 1, 2007), D240 (published in May 1, 2007), D2622 (published in March 1, 2008), D5504 (published in June 1, 2006), and D6228 (published in May 10, 2003) shall be used for fossil fuel or gaseous fuel sampling, sulfur, and, if needed, heating value determinations and are incorporated by reference in this rule, as published by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. This rule does not incorporate any subsequent amendments or additions.

(C) Measurements for Multi-Unit and Multi-Fuel Installations. For sources not controlling SO 2 

### emissions by flue gas desulphurization equipment or by sorbent injection, the following alternate compliance method may be used:

1. SO 2 

### emission rates for a single boiler that burns different fuels. The owner or operator of an affected installation shall determine the SO 2 

### emission rate of a large boiler which burns multiple fuels separately, according to the following formula:

q r s 

### ∑ (Ka q 

### ) + ∑ (Kb r 

### ) + ∑ (Kc s 

### ) E s 

### = i=1 i=1 i=1 H T



### Where:
E S 

### = unit SO 2 

### emissions in lb per mmBtu heat input;
K a 

### = solid fuel sample monthly composite SO 2 

### emission rate in lbs;
K b 

### = liquid fuel sample monthly composite SO 2 

### emission rate in lbs;
K c 

### = gaseous fuel sample monthly composite SO 2 

### emission rate in lbs; q = number of different solid fuels used including the number of different batches of coal; r = number of different liquid fuels used; s = number of different gaseous fuels used; and
H T= 

### = total heat content for all fuels in any monthly period.

2. Averaging SO 2 

### emissions among different boilers.

A. To meet the requirements of paragraphs (3)(A)1. and (3)(A)2. of this rule, if there is more than one (1) existing

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### boiler located at a installation, compliance may be demonstrated by emission averaging according to the procedures in this paragraph.

B. For a group of two (2) or more existing boilers that each vent to a separate or common stack, SO 2 

### emissions may be averaged to demonstrate compliance with the limits in paragraphs (3)(A)1. and (3)(A)2. of this rule.

C. Compliance with the limit in paragraph (3)(A)1. of this rule must be demonstrated on a monthly rolling average. The first period begins on the compliance date. For each monthly period, the following equation must be used to calculate the monthly rolling average weighted emission rate using the actual heat capacity for each existing boiler participating in the emissions averaging option.

n ∑ (Er x Hb) Avg Weighted Emissions = i=1

n ∑ Hb i=1

Where: Avg Weighted Emissions = monthly average weighted emission level for SO 2 

### , in units of lbs per mmBtu of heat input; Er = Emission rate, in units of lbs per mmBtu of heat input; Hb = The average heat input for each monthly period of boiler, i, in units of mmBtu; and n = Number of boilers participating in the emissions averaging option.

D. Compliance with the limit in paragraph (3)(A)2. of this rule must be demonstrated on a twelve (12)-month rolling total. The first period begins on the compliance date. For each twelve (12)-month period, the following equation must be used to calculate the twelve (12)-month rolling total weighted emission rate using the actual heat capacity for each existing boiler participating in the emission averaging option.

q r s

n ∑ (Ka q 

### ) n 

### + ∑ (Kb r 

### ) n 

### + ∑ (Kc s 

### ) n 

### Avg SO 2 

### Emissions = ∑ i=1 i=1 i=1 i=1 1

### 10 CSR 10-5.570

7 

### Where: Avg SO 2 

### Emissions = twelve (12)-month total weighted emission level for SO 2 

### , in units of tons of SO 2 

### ; Ka = solid fuel monthly SO 2 

### emissions in tons based on material/mass balance as the source of the emission factor; Where: Sulfur % by weight 64.064 tons fuel Ka = × × _________ 100 32.065 burned

Kb = liquid fuel monthly SO 2 

### emissions in tons based on similar material/mass balance calculations as Ka as the source of the emission factor; Kc = gaseous fuel monthly SO 2 

### emissions in tons based on similar material/mass balance calculations as Ka as the source of the emission factor; n = number of boilers participating in the emissions averaging option; q = number of different solid fuels used including the number of different batches of coal; r = number of different liquid fuels used; and s = number of different gaseous fuels used.

(D) Monitoring Requirements. Any owner or operator of an industrial, commercial, or institutional boiler; or process heater subject to this rule equipped with flue gas desulfurization or sorbent inject controls shall use a continuous emission monitoring system (CEMS) to monitor compliance. Owners or operators subject to this rule without control equipment shall comply with one (1) of the following requirements:

1. A CEMS that:

A. Meets the applicable requirements of 40 CFR part 60, subpart A, Appendix B, promulgated as of September 28, 2007, and incorporated by reference in this rule, as published by the U.S. Government Printing Office, 732 N. Capitol Street NW, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions; and

B. Complies with the quality assurance procedures regardless of whether the installation is subject to new source

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### performance standards (NSPS) specified in 40 CFR part 60, Appendix F, promulgated as of June 13, 2007, and incorporated by reference in this rule, as published by the U.S. Government Printing Office, 732 N. Capitol Street NW, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions;

2. An alternate monitoring procedure or monitoring plan approved by the director and the U.S. Environmental Protection Agency (EPA).

(4) Reporting and Record Keeping.

(A) Reporting Requirements. The owner or operator subject to this rule shall—

1. Submit the calculation and record keeping procedure by February 15 of each year based upon correlations with ASTM and 40 CFR part 60, Appendix A reference method results, promulgated as of December 23, 1971, and incorporated by reference in this rule, as published by the U.S. Government Printing Office, 732 N. Capitol Street NW, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions;

2. Submit an annual report to the director by February 15 following the end of the initial compliance period and by February 15 for each year thereafter unless the affected unit is subject to an NSPS. The annual report shall document for each affected unit, the average of the tons of SO 2 

### emitted during the previous twelve (12)-month period or the twelve (12)-month rolling total starting the first full year after the compliance period;

3. By February 15 of every year following the initial compliance period, submit monthly reports for the previous calendar year unless the affected unit is subject to an NSPS. The monthly reports shall document the following information for each affected unit:

A. For units equipped with a CEMS, both the total heat input in mmBtu and the SO 2 

### emission rate in lbs per mmBtu for the unit; and

### 10 CSR 10-5.570

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### B. For units without a CEMS, the total number of tons of each solid fuel burned including different vendor supplied batches of coal, volume of each gaseous fuel and/or volume each liquid fuel; average percent sulfur content of each solid fuel including different vendor supplied batches of coal, each liquid fuel and/or each gaseous fuel; and each solid fuel including different vendor supplied batches of coal, each liquid fuel and/or each gaseous fuel average heat content in Btu per lb; and

4. Excess emissions.

A. Units maintaining a CEMS, shall submit an excess emissions monitoring system performance report by February 15 following the end of the initial compliance period and by February 15 for each year thereafter unless the affected unit is subject to an NSPS, in accordance with—

(I) 40 CFR 60.7(c), promulgated as of February 12, 1999, and incorporated by reference in this rule, as published by the U.S. Government Printing Office, 732 N. Capitol Street NW, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions.; and

(II) 40 CFR 60.13, promulgated as of June 13, 2007, and incorporated by reference in this rule, as published by the U.S. Government Printing Office, 732 N. Capitol Street NW, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions.

B. Units not maintaining a CEMS, shall submit a written report of excess emissions according to 10 CSR 10-6.260, subsection (4)(A) regardless of whether 10 CSR 10-6.260 applies, unless the affected unit is subject to an NSPS.

(B) Record Keeping Requirements. The owner or operator subject to this rule shall maintain all records necessary to demonstrate compliance with this rule for a period of five (5) years at the plant at which the unit is located. Daily records, along with the twelve (12)-month rolling tonnage or twelve (12)- month rolling average, shall be made available no later than one (1) month following any calendar month. The records shall be made available to the director upon request. The owner or operator shall maintain records of the following information for each month the unit is operated:

### 10 CSR 10-5.570

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### 1. The identification number of each unit and the name and address of the plant where the unit is located for each unit subject to this rule;

2. The calendar date of record;

3. The number of hours the unit is operated each day including start-ups, shutdowns, malfunctions, and the type and duration of maintenance and repair;

4. The date and results of each emissions inspection;

5. A summary of any emissions corrective maintenance taken;

6. The results of all compliance tests;

7. If a unit is equipped with a CEMS—

A. The identification of time periods during which SO 2 

### standards are exceeded, the reason for exceedance, and action taken to correct the exceedance and prevent similar future exceedances; and

B. The identification of the time periods for which operating conditions and pollutant data were not obtained, including reasons for not obtaining sufficient data, and a description of corrective actions taken;

8. The total heat input for each fuel used per emissions unit on a monthly basis;

9. The amount of each fuel consumed per emissions unit on a monthly basis;

10. The average heat content for each fuel used per emissions unit on a monthly basis;

11. The average percent sulfur for each fuel used per emissions unit on a monthly basis;

12. The emission rate in lbs per mmBtu for each unit on a monthly basis for those units complying with the limit in paragraph (3)(A)1. of this rule. The twelve (12)-month rolling averages must be made available upon request for the inspector to review no later than one (1) month following any calendar month;

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### 13. The monthly emission rate in tons SO 2 

### for those units complying with the limit in paragraph (3)(A)2. of this rule. The twelve (12)-month rolling tonnages must be made available upon request for inspector review no later than one (1) month following any calendar month; and

14. Any other reports deemed necessary by the director.

(5) Test Methods. The following hierarchy of methods shall be used to determine if a unit qualifies for the low-emitter exemption in paragraph (1)(C)4. of this rule. If data is not available for an emission estimation method or an emission estimation method is impractical for a source, then the subsequent emission estimation method shall be used in its place:

(A) CEMS as specified in 10 CSR 10-6.110;

(B) Stack tests as specified in 10 CSR 10-6.110;

(C) Material/mass balance;

(D) AP-42 (EPA Compilation of Air Pollution Emission
Factors ) or FIRE (Factor Information and Retrieval System) (as updated);

(E) Other EPA documents as specified in 10 CSR 10-6.110;

(F) Sound engineering calculations; or

(G) Installations shall obtain department and EPA preapproval of any other alternate emission estimation method not listed in this section before using such method to estimate emissions.