STATE OF MISSOURI Jeremia.h W. (J3)') Nixo n, Governor. Sara Parker Pauley, Director 

DEPARTMENT OF NATURAL RESOURCES 


viww. dnr.mo.gov 

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 by

volume, 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 subject

to the provisions of this rule seeks to demonstrate compliance with subparagraph

(3)(A)1.A. of this rule through the use of a

boiler 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 average combustion temperature of the boiler or process heater with a

design heat input capacity of less than fortyfour (44) megawatts measured at least every

fifteen (15) minutes and averaged over the

same time period of the performance test.

3. Where an owner or operator subject

to the provisions of this rule seeks to demonstrate compliance with subparagraph

(3)(A)1.B. of this rule through the use of a

smokeless flare; flare design (i.e., steamassisted, air-assisted, or nonassisted), all visible emission readings, heat content determinations, flow rate measurements, and exit

velocity 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 subject

to 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; and

B. 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 parameter

which is a measure of the degree of absorbing liquid saturation, if approved, by the permitting authority), and average exit temperature of the absorbing liquid measured at least

fifteen (15) minutes and averaged 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 exit (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 is

the final recovery device in the recovery system, the total stream mass or volumetric flow

measured at least every fifteen (15) minutes

and averaged over the same time period of the

performance 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 measured

while 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 averaged 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 any

replacement, 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 flow

rate 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 distillation

operation 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

(SO2) emissions from industrial boilers in the

St. Louis Nonattainment Area. By reducing

SO2 emissions released into the atmosphere,

emissions of fine particles (PM2.5) will be

reduced. 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 PM2.5 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 the

entire 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 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 SO2 emissions are twenty-five (25) tons or less during

JASON KANDER (9/30/13) CODE OF STATE REGULATIONS 109

Secretary of State
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 fivetenths percent (0.5%) sulfur, at the option of

the installation.

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.

(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 (SO2) into the

atmosphere exceeding one (1.0) pound (lb) of

SO2 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

SO2 from all applicable emission units within an installation to exceed three thousand

fifty (3,050) tons during any twelve (12)-

month rolling period. SO2 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 SO2 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 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 SO2 emissions by flue gas desulphurization equipment or by sorbent injection, the

following alternate compliance method may

be used:

1. SO2 emission rates for a single boiler

that burns different fuels. The owner or operator of an affected installation shall determine

the SO2 emission rate of a large boiler which

burns multiple fuels separately, according to

the following formula:

q rs

∑ (Kaq) + ∑(Kbr) + ∑(Kcs)

Es = i=1 i=1 i=1 

HT

Where:

ES= unit SO2 emissions in lb per mmBtu

heat input;

Ka

= solid fuel sample monthly composite

SO2 emission rate in lbs;

Kb= liquid fuel sample monthly composite

SO2 emission rate in lbs;

Kc

= gaseous fuel sample monthly composite

SO2 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

HT = total heat content for all fuels in any

monthly period.

2. Averaging SO2 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 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, SO2 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 SO2, 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

110 CODE OF STATE REGULATIONS (9/30/13) JASON KANDER

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 SO2 Emissions = twelve (12)-month

total weighted emission level for SO2, in units

of tons of SO2;

Ka = solid fuel monthly SO2 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 SO2 emissions in

tons based on similar material/mass balance

calculations as Ka as the source of the emission factor;

Kc = gaseous fuel monthly SO2 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 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 SO2 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

SO2 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 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:

1. The identification number of each

JASON KANDER (9/30/13) CODE OF STATE REGULATIONS 111

Secretary of State

q rs

n ∑ (Kaq)n + ∑(Kbr)n + ∑(Kcs)n

Avg SO2 Emissions = ∑ i=1 i=1 i=1 

i=1 1
112 CODE OF STATE REGULATIONS (9/30/13) JASON KANDER

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 SO2 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;

13. The monthly emission rate in tons

SO2 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 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 the end of the proposed 

rulemaking under the Notice of Public Hearing and 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 incorporate by reference the U.S. Environmental Protection Agency's 

(EPA's) revisions to plantwide applicability limitations (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 documents 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 matter as a surrogate for fine particulate matter during the transition 

to PM2.5 permitting. This administrative change which will update 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 testing, 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 that the brewery sulfur 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 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 10-6.345 (rescission) Control of NOx Emissions From Upwind Sources 

Rulemakings on Public Notice - DNR Page 1 of 3

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 4/16/2013
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 ended 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 Matter 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 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 10-6.110 (amendment) Reporting Emission Data, Emission Fees, and Process Information

This proposed amendment will reference 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 required in emission reports and clarifies the types and frequency of reports

to be submitted to the department’s Air Pollution Control Program for 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 amendment 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.

Rulemakings on Public Notice - DNR Page 2 of 3

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 4/16/2013
1

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 email 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 any questions, please contact Wendy Vit with the Air Pollution Control 

Program at (573) 526-3167 or wendy.vit@dnr.mo.gov. 

 

MISSOURI AIR CONSERVATION COMMISSION 

WILL HOLD PUBLIC HEARING 

JEFFERSON CITY, MO -- The Missouri Air Conservation Commission will hold a public hearing on 

Thursday, May 30, 2013 beginning at 9 a.m. at the Elm Street Conference Center, 1730 East Elm Street, 

Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri. The commission will hear 

testimony related to the following proposed action(s): 

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

 

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

 

* 10 CSR 10-6.345 (rescission) Control of NOx Emissions From Upwind Sources 

 

The above rule action will not be submitted for inclusion 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) Restriction of Emission of Particulate Matter From Industrial 

Processes 

 

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

The above rule action will be submitted for inclusion in the Missouri State Implementation Plan and 

the Missouri Title V program. 
2

 

* 10 CSR 10-6.390 (amendment) Control of NOx Emissions From Large Stationary Internal 

Combustion Engines 

 

* Missouri State Implementation Plan – Section 110 Infrastructure Requirements for the 2008 Ozone 

National Ambient Air Quality Standard 

 

* Missouri State Implementation Plan – Section 110 Infrastructure Requirements for the 2010 Sulfur 

Dioxide (SO2) National Ambient Air Quality Standard 

 

If the Commission adopts the action(s), it will be the Department’s intention to submit the action(s) to the 

U.S. Environmental Protection Agency to be included in Missouri’s State Implementation Plan unless 

otherwise noted above. 

 

Documents for the above item(s) will be available for review at the Missouri Department of Natural 

Resources, Air Pollution Control Program, 1659 Elm Street, Jefferson City, (573) 751-4817 and in the Public 

Notices section of the program web site http://dnr.mo.gov/env/apcp/public-notices.htm. This information will 

be available at least 30 days prior 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 hearing testimony will be equally considered. 

 

Citizens wishing to speak at the public hearing should notify the secretary to the Missouri Air Conservation 

Commission, Missouri Department of Natural Resources, 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 presentations also provide a written 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 directly at (573) 751-4817, the Division 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 Commission 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 Public Notices topic for Missouri DNR. This information has recently been 

updated, and is now available at the link below. Thank you for your interest in the Air Public Notices. 

 

Update your subscriptions, modify your password or email address, or stop subscriptions at any time on your 

Subscriber Preferences Page. You will need to use your email address to log in. If you have questions or 

problems with the subscription service, please contact support@govdelivery.com. 

This service is provided to you at no charge by Missouri DNR. 
 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

25
 Public 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 Emissions

7 from Upwind Sources

8 10 CSR 10-6.400 (amendment) Restriction of Emission 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 Emissions

from Large Stationary Internal Combustion Engines

12

Missouri State Implementation Plan - Section 110

13 Infrastructure Requirements:

14 2008 Ozone National Ambient Air Quality Standard

 2010 SO2 National Ambient Air Quality Standard

15

16

17

18

19

20

21

22

23

24

25
 Public 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 commissioners

6 are present: Jack Baker, Mark Garnett, Gary

7 Pendergrass, and David Zimmerman. The Air

8 Conservation Commission of the State of Missouri has

9 called this public hearing pursuant to Section

10 643.070, Revised Statutes of Missouri; EPA promulgated

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 Stationary

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 Quality

25 Standard, 2010 SO2 National Ambient Air Quality
 Public 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 PSD

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 action,

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

14 rule amendment to the U.S. Environmental Protection

15 Agency to replace a current rule that is in the

16 Missouri State Implementation Plan.

17 Mr. Chairman, that concludes my testimony.

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

19 specific to these rule amendments.

20 CHAIRMAN BAKER: Any questions? Thank 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 environmental
 Public 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 rule

6 text can be found on page 121 of your briefing

7 document.

8 This proposed amendment will clarify that

9 the sulfur dioxide emission limit described in

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

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 the

15 sulfur dioxide emission limit applies to emissions

16 from the entire facility rather than the applicable

17 units as intended. At the same time, this rulemaking

18 will remove definitions from the rule that can now be

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

20 Reference Tables.

21 If the Commission adopts this rule action,

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

23 rule amendment to the U.S. Environmental Protection

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 Highway

Safety 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 device

shall 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 informal

review 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 authorized

service 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 (SO2) emissions from

industrial boilers in the St. Louis Nonattainment Area. This amendment will clarify that the limit for emissions from breweries is for

applicable 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, per

536.016, 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 Register
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.]

(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 (SO2) into the

atmosphere exceeding one (1.0) pound (lb) of SO2 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 SO2 into

the atmosphere exceeding three thousand fifty (3,050) tons

SO2 in any twelve (12)-month rolling period from any installation with applicable units] combined total of atmospheric

emissions of SO2 from all applicable emission units within an

installation to exceed three thousand fifty (3,050) tons during any

twelve (12)-month rolling period. SO2 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 SO2 emissions by flue gas desulphurization equipment or by sorbent injection, the following alternate compliance method may be used:

1. SO2 emission rates for a single boiler that burns different

fuels. The owner or operator of an affected installation shall determine the SO2 emission rate of a large boiler which burns multiple

fuels separately, according to the following formula:

qrs

∑ (Kaq) + ∑ (Kbr) + ∑ (Kcs)

Es = i=1 i=1 i=1 

HT

Where:

Es = unit SO2 emissions in lb per mmBtu heat input;

Ka = solid fuel sample monthly composite SO2 emission rate in

lbs;

Kb = liquid fuel sample monthly composite SO2 emission rate in

lbs;

Kc = gaseous fuel sample monthly composite SO2 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

HT[=]= total heat content for all fuels in any monthly period.

2. Averaging SO2 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 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, SO2 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 SO2, 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 rs

n ∑ (Kaq)n + ∑(Kbr)n + ∑(Kcs)n

Avg SO2 Emissions = ∑ i=1 i=1 i=1 

i=1 1

Where:

Avg SO2 Emissions = twelve (12)-month total weighted emission

level for SO2, in units of tons of SO2;

Ka = solid fuel monthly SO2 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 SO2 emissions in tons based on similar

material/mass balance calculations as Ka as the source of the emission factor;

Kc = gaseous fuel monthly SO2 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. 8
AUTHORITY: 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 certain

sources 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. Environmental

Protection Agency (EPA) rules that revise plantwide applicability limitations for greenhouse gases (GHGs), repeal the grandfather provision for particulate matter less than 2.5 micrometers (PM2.5) under

the prevention of significant deterioration (PSD) program, and correct the definition of regulated New Source Review (NSR) pollutant in

the NSR program. At the same time, the notification period for initial equipment start-up is being modified to improve tracking of

new/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 PM2.5 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 rule

applies. 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 in

subsection (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 analysis

for 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 in

subsection (11)(A) Table 1, of this rule, over the baseline concentration in any attainment or unclassified area; or

C. 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 Register

Title 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 Natural

Resources’ 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

This section will contain the final text of the rules proposed

by 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 proposed

rulemaking 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 less

than thirty (30) days after the date of publication of the revision to the Code of State Regulations.

The agency is also required to make a brief summary ofthe 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

MISSOURI

REGISTER

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 SO2 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

2 

 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 

(SO2) into the atmosphere exceeding one (1.0) pound (lb) of SO2

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 SO2

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

SO2 in any twelve (12)-month rolling period from any installation 

with applicable unitscombined total of atmospheric emissions of 

SO2 from all applicable emission units within an installation to 

exceed three thousand fifty (3,050) tons during any twelve (12)-

month rolling period. SO2 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 SO2 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 SO2 emissions by flue 

gas desulphurization equipment or by sorbent injection, the 

following alternate compliance method may be used: 

 1. SO2 emission rates for a single boiler that burns 

different fuels. The owner or operator of an affected 

installation shall determine the SO2 emission rate of a large 

boiler which burns multiple fuels separately, according to the 

following formula: 

 q r s

 ∑ (Kaq) + ∑(Kbr) + ∑(Kcs) 

 Es = i=1 i=1 i=1 

HT

Where: 

ES= unit SO2 emissions in lb per mmBtu heat input; 

Ka= solid fuel sample monthly composite SO2 emission rate in lbs; 

Kb= liquid fuel sample monthly composite SO2 emission rate in 

lbs; 

Kc= gaseous fuel sample monthly composite SO2 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 

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

 2. Averaging SO2 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 
10 CSR 10-5.570

6 

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, SO2 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 SO2, 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 ∑ (Kaq)n + ∑(Kbr)n + ∑(Kcs)n 

 Avg SO2 Emissions = ∑ i=1 i=1 i=1 

 i=1 1 
10 CSR 10-5.570

7 

Where: 

Avg SO2 Emissions = twelve (12)-month total weighted emission 

level for SO2, in units of tons of SO2; 

Ka = solid fuel monthly SO2 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 SO2 emissions in tons based on similar 

material/mass balance calculations as Ka as the source of the 

emission factor; 

Kc = gaseous fuel monthly SO2 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 
10 CSR 10-5.570

8 

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 SO2 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 SO2 emission rate in lbs per mmBtu 

for the unit; and 
10 CSR 10-5.570

9 

 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

10 

 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 SO2 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; 
10 CSR 10-5.570

11 

 13. The monthly emission rate in tons SO2 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.