AUG 8 2011 

Mr. Karl Brooks 

Regional Administrator 

U.S. EPA, Region VII 

90 1 North Fifth Street 

Kansas City, KS 66101 

Dear Mr. Brooks: 

AUG 1 2 2011 

APCO 

The Missouri Air Conservation Commission recently revised or promulgated the 

following regulation(s). The following is enclosed for your review: 

. .-

----

\ . --..---, 

10 CSR 10-6.065 Operatihg~~~~ts ) 

This proposed amendment incorporates federal permitting requirements for greenhouse 

gas emissions, removes definitions that will now be found in regulation 10 CSR 10-6.020, 

streamlines the public notice procedure to align with the Federal Register, and allows the 

flexibility to publish notices on the web. 

The commission adopted the enclosed rule action(s) on April 28, 2011, after considering 

comments received at public hearing. 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 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. Environmental 

Protection Agency amend the SIP to replace the current rule(s) in the SIP. 

Also, the Missouri Department of Natural Resources requests that the U.S. Environmental 

Protection Agency amend the Missouri Title V program to include these revisions. 
at P.O. Box 176, Jefferson City, MO 65102 or by phone at (573) 751

4817. 

Sincerely, 

AIR POL UTI ON CONTROL PROGRAM 

Kyra L. Moore 

Interim Director 

KLM:pmk 

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 newspaper notices 

Copy of public hearing transcript introductory statement 

Copy ofMO Reg order ofrulemaking with comments/responses 

c: Missouri A\r Conservation Commission 
extend to the feeder to minimize st genregularly so that the 

pile or windrow is· ai 

hundred five degrees ah 

one hundred fifty eg 

Of); 

(C) ion. 

compost piles or 

or otherwise mixed 

perature within the 

ined between one 

nheit (105 °F) and 

Fahrenheit (150 

1. 'A permit-by-rule may b 

upon quest of the operator or 

For p rposes of this paragraph, 

revoc tion exists if-

(1) There is a pattern of 

and peated noncompliance with th 

tio of the permit-by-rule and the erator 

refused to take appropriate actio (such 

as a schedule of compliance) to res ve the 

n ncompliance; 

(II) The operator has failed t 

ivil or criminal penalty imposed for 

ions of the permit-by-rule; or 

ROBIN CARNAHAN (7/31/11) 

Secretary of State 

(5) Test M 

AUTHO 

Origi rule filed March 5, 2 13, effective 

Oct. V, 20013. Amended: File 

2 effective May 130, 2007. 

10 CSR 10-6.065 Operating Permits 

PURPOSE: This rule defines air contamiruznt 

sources which are required to obtain operating permits and establishes procedures for 

obtaining and complying with operating permits; it does not establish any air quality 

standards or guidelines. 

( 1) Applicability. 

(A) Part 70, Intermediate and Basic State 

Installations. This rule shall apply to existing, 

modified, reconstructed, and new installations, whether part 70 intermediate or basic 

state throughout Missouri. 

(B) Incinerators. This rule shall apply to 

all incinerators. 

(C) Exempt Installations and Emission 

Units. The following installations and emission units are exempt from the requirements 

of this rule unless such units are part 70 or 

intermediate installations or are located at 

part 70 or intermediate installations. Emissions from exempt installations and emission 

units shall be considered when determining if 

the installation is a part 70 or intermediate 

installation: 

1. Any installation that would be 

required to obtain a permit solely because it 

CODE OF STATE REGULATIONS 

units for not more than three (3) families; 

4. Comfort air conditioning or comfort 

ventilating systems not designed or used to 

remove air contaminants generated by, or 

released from, specific units of equipment; 

5. Equipment used for any mode of 

transportation; 

6. Livestock markets and livestock operations, including animal feeding operations 

and concentrated animal feeding operations 

as those terms are defined by 40 CFR 122.23 

and all manure storage and application systems associated with livestock markets or 

livestock operations; 

7. Restaurants and other retail establishments for the purpose of preparing food for 

employee and guest consumption; 

8. Fugitive dust controls unless a control 

efficiency can be assigned to the equipment 

or control equipment; 

9. Equipment or control equipment 

which eliminates all emissions to the ambient 

air; 

10. Equipment, including air pollution 

control equipment, but not including an 

anaerobic lagoon, that emits odors but no 

regulated air pollutants; 

11. Residential wood heaters, cookstoves, or fireplaces; 

12. Laboratory equipment used exclusively for chemical and physical analysis or 

experimentation is exempt, except equipment 

used for controlling radioactive air contaminants; 

13. Recreational fireplaces; 

14. Stacks or vents to prevent the escape 

of sewer gases through plumbing traps for 

systems handling domestic sewage only. Systems which include any industrial waste do 

not qualify for this exemption; 

15. Combustion equipment thatA. Emits only combustion products; 

B. Produces less than one hundred 

fifty ( 150) pounds per day of any air contaminant; and 

C. Has a maximum rated capacity 

of-

(I) Less than ten (10) million 

British thermal units (Btus) per hour heat 

input by using exclusively natural or liquefied 

petroleum gas, or any combination of these; 

or 

(II) Less than one (1) million Btus 

per hour heat input; 

69 
never handles more than 1,238,657 bushels 

of grain during any twelve (12)-month period 

and is not located within an incorporated area 

with a population of fifty thousand (50,000) 

or more. A country grain elevator is defined 

as a grain elevator that receives more than 

fifty percent (50%) of its grain from producers in the immediate vicinity during the harvest season. This exemption does not include 

grain terminals which are defined as grain 

elevators that receive grain primarily from 

other grain elevators. To qualify fur this 

exemption the owner or operator of the facility shall retain monthly records of grain origin and bushels of grain received, processed 

and stored for a minimum of five (5) years to 

verify the exemption requirements. Monthly 

records must be tabulated within seven (7) 

days of the end of the month. Thbulated 

monthly records shall be made available 

immediately to Missouri Department of Natural Resources representatives for an 

announced inspection or within three (3) 

hours for an unannounced visit; 

18. Sand and gravel operations that have 

a maximum capacity to produce less than 

seventeen and one-half ( 17 .5) tons of product 

per hour and use only natural gas as fuel 

when drying; 

19. Noncommercial incineration of dead 

animals, the on-site incineration of resident 

animals for which no consideration is 

received or commercial profit is realized, as 

authorized in section 269.020.6, RSMo 

2000; and 

20. Any asphaltic concrete plant, concrete hatching plant or rock crushing plant 

that can be classified as a portable equipment 

installation, as defined in 10 CSR 10-6.020. 

(D) Prohibitions. 

1. After the effective date of this rule, 

no person shall operate a part 70 installation, 

intermediate installation, or basic state installation except in compliance with an operating 

permit issued by the permitting authority in 

accordance with this rule. 

2. Except as specified in this rule or in 

the operating permit, it is not a violation of 

this rule for a permitted installation to be 

operated in ways that are not addressed in, 

constrained by or prohibited by the operating 

permit. 

(2) Defmitions. 

70 

tpy or more of any combination of these hazardous air pollutants or such lesser quantity 

as the administrator may establish by rule. 

Notwithstanding the preceding sentence, 

emissions from any oil or gas exploration or 

production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar 

units, whether or not these units are in a contiguous area or under common control, to 

determine whether these units or stations are 

subject installations. For sources of radionuclides, the criteria shall be established by the 

administrator; 

2. They emit or have the potential to 

emit one hundred ( 100) tpy or more of any air 

pollutant subject to regulation, including all 

fugitive air pollutants. The fugitive emissions 

of an installation shall not be considered 

unless the installation belongs to one (l) of 

the source categories listed in 10 CSR 10-

6.020(3)(B), Thble 2. Subject to regulation 

means; for any air pollutant, that the pollutant is subject to either a provision in the 

Clean Air Act or a nationally-applicable regulation codified by the administrator in 40 

CFR Parts 50-99, that requires actual control 

of the quantity of emissions of that pollutant, 

and that such a control requirement has taken 

effect and is operative to control, limit, ·or 

restrict the quantity of emissions of that pollutant released from the regulated activity, 

except thatA. Greenhouse gases (GHGs), the air 

pollutant defmed as the aggregate group of 

six (6) greenhouse gases: carbon dioxide, 

nitrous oxide, methane, hydrofluorocarbons, 

perfluorocarbons, and sulfur hexafluoride, 

shall not be subject to regulation unless, as of 

July 1, 2011, the GHG emissions are at a stationary source emitting or having the potential to emit one hundred thousand (100,000) 

tpy carbon dioxide (C02) equivalent emissions; and 

B. The term tpy C02 equivalent emissions (C02e) shall represent an amount of 

GHGs emitted and shall be computed bY multiplying the mass amount of emissions (tpy), 

fur each of the six (6) greenhouse gases in the 

pollutant GHGs, by the gas's associated glob~ al warming potential published at Thble A-1 

to subpart A of 40 CFR Part 98, promulgatCODE OF STATE REGULATIONS 

rule does not incorporate any subsequent 

amendments or additions; 

3 . They are located in nonattainment 

areas or ozone transport regions. 

A. For ·ozone nonattaimnent areas, 

sources with the potential to emit one hundred (100) tpy or more of volatile organic 

compounds or oxides of nitrogen in areas 

classified as "marginal" or "moderate," fifty 

(50) tpy or more in areas classified as "serious," twenty-five (25) tpy or more in areas 

classified as "severe," and ten (10) tpy or 

more in areas classified as "exttcme"; except 

that the references in this paragraph to one 

hundred (100), fifty (50), twenty-five (25), 

and ten (lO) tpy of nitrogen oxides shall not 

apply with respect to any source for which 

the administrator has made a fmding , under 

section 182(f)(l) or (2) of the Act, that 

requirements under section 182(f) of the Act 

do not apply; 

B. For ozone transport regions established pursuant to section 184 of the Act, 

sources with the potential to emit fifty (50) 

tpy or more of volatile organic compounds; 

C. For carbon 

monoxide nonattainment areas that are classified as "serious," 

and in which stationary sources contribute 

significantly to carbon monoxide levels as 

determined under rules issued by the administrator, sources with the potential to emit 

fifty (50) tpy or more of carbon monoxide; 

and 

D. For particulate matter less than ten 

(10) micrometers (PM10) nonattainment areas 

classified as "serious," sources with the 

potential to emit seventy (70) tpy or more of 

PM10; 

4. They are affected sources under Title 

IV of the 1990 Act; 

5. They are solid waste incinerators subject to section 129(e) of the Act; 

6. Any installation in a source category 

designated bY the administrator as a part 70 

source pursuant to 40 CFR 70.3; and 

7 . Installations that would be part 70 

sources strictly due to the following criteria 

are not subject to part 70 source requirements 

until the administrator subjects this installation to these requirements by rule: 

A. They are subject to a standard, 

limitation, or other requirement under section Ill of the Act, including area sources; or 

(7/31/11) ROBIN CARNAHAN 

Secretary of State 
rule section, may be found in 10 CSR 10-

6.020. 

(3) Single, Multiple, or General Permits. 

(A) Pursuant to this section, an installation 

must have a permit (or group of permits) 

addressing all applicable requirements for all emissions units in the installation. An installation may comply with this subsection 

through any one (I) of the following methods: 

1. The installation may apply for a single permit covering all emissions units located within a contiguous area under common 

control (whether or not the installation falls 

under the same two (2)-digit Industrial Code (SIC)); 

2. The installation may apply for separate permits for separate emissions units or 

groups of emissions units; or 

3. The installation may apply for coverage for one (1) or more emissions units eligible for permitting under a general pennit 

issued by the permitting authority, and obtain 

a separate permit(s) for emissions units not 

eligible for general permit coverage. 

4. When determining operating permit 

classification (part 70, intermediate or basic 

state), the installation shall calculate the 

potential to emit for the entire installation and 

all multiple permits shall be subject to the 

same operating permit classification. 

5. Notwithstanding, if the installation is 

a basic installation and is subject to 40 CFR 

part 63, subpart EEE, National Emission 

Standard for Hazardous Air Pollutants from 

Hazardous Waste Combustors, the installation has the option of obtaining a part 70 permit for the entire installation or a part 70 permit for the emission unit subject to the 

maximum achievable control technology 

(MACT) and a basic for the rest of the installation. However, the part 70 permit for the 

affected emission unit must incorporate all applicable requirements that apply to hazanlous waste combustion devices, not just 

those in 40 CFR part 63, subpart EEE. 

(4) Basic State Operating Permits. 

(A) Applicability. All basic state installations are subject to this section. 

(B) Notifications. The installation shall file 

a notification with the permitting authority. 

The following schedules apply: 

ROBIN CARNAHAN 

Secretary of State 

(7/31/11) 

ations; 

3. Renewal notifications. Installations 

subject to this section shall file complete 

operating permit notifications for operating 

permit renewal at least six (6) months before 

the date the current operating permit expires; 

4. Notwithstanding the deadlines established in this subsection, a complete operating permit notification filed at any time shall 

be received for processing; and 

5. Starting March 30, 2005, all installations that have an active initial or renewal 

notification-accepted or with a receipt 

stamp-shall be deemed to be accepted and 

subject to the respective expiration date on 

the notification. 

(C) Notifications Review. 

1. After the permitting authority 

receives an operating permit notification, 

they shall perform a completeness and applicable requirements verification review and, if 

the notification is determined to be complete, 

shall inform the notifier that the operating 

permit is accepted. The permitting authority 

will return a copy to the notifier stamped 

accepted with an expiration date. This copy 

will be kept at the installation to which the 

notification pertains. 

2. If the permitting authority determines 

that an operating permit notification is not 

complete, they shall inform the notifier 

promptly of the deficiencies in the notification and shall specifically describe required 

revisions to the operating permit notification. 

(D) Confidential Information. Operating 

permit notifiers may make claims of confidentiality pursuant to 10 CSR 10-6.210, for 

information submitted pursuant to this section. 

(E) Filing Fee. Each operating permit notification must be accompanied by a one hundred dollar ($100) filing fee, except for 

administrative permit amendments as defined 

in subparagraph (4)(L)l.A. of this rule. 

(F) Certification by Responsible Official. 

Operating permit notifications and compliance reports required under this section shall 

be signed and certified by a responsible official that the information contained in them is 

true, accurate, and complete based on information and belief formed after reasonable 

inquiry. 

(G) Notification Contents. The permitting 

authority shall prepare and make available to 

CODE OF STATE REGULATIONS 

point numbers in the Emission Inventory 

Questionruiire (EIQ). The notification also 

shall require a statement of the installation's 

compliance status with respect to these 

requirements and a commitment regarding 

the installation's plans to either attain compliance with these requirements within the 

time allowed by law or maintain compliance 

with these requirements during the operating 

permit period. 

(H) General Permits. Installations may 

apply to operate under any applicable general permit. 

1. Issuance of general permits. General 

permits covering similar installations may be 

issued by the permitting authority. Basic 

installation operating permits are not required 

to have public participation; however, citizens may appeal any action of the director. The 

general permit shall indicate a reasonable 

time after which an installation that has submitted an application for authorization will be 

deemed to be authorized to operate under the 

general permit. A general permit shall identify criteria by which installations may be 

authorized to operate under the general permit. This criteria must include the following: 

A. Categories of sources covered by 

the general permit must be homogeneous in terms of operations, processes and emissions; 

B. Sources may not be subject to caseby-case standanls or requirements; and 

C. Sources must be subject to substantially similar requirements governing 

operations, emissions, monitoring, reporting, 

and record keeping. 

2. Applications. The pennitting authority shall provide application forms for coverage under a general permit. General permit 

applications may deviate from individual permit applications but shall include all information necessary to determine qualification for, 

and to assure compliance with, the general 

permit. The permitting authority shall authorize coverage by the conditions and terms of 

a general permit to all installations that apply 

for and qualify under the specified general 

permit criteria. Installations applying for coverage under a general permit must comply 

with all the requirements of this rule, except 

public participation requirements. 

3. Enforcement. The source shall be subject to enforcement actions for operating without an operating permit if it is determined 

71 
brief compliance report every five (5) years. 

(J) Operating Pennit Period. Each operating permit under this section shall be effective for a period of five (5) years. The permit 

tenn shall commence on the date of acceptance. 

(K) Off-Pennit Changes. Except as provided in paragraph (4)(L)l. of this rule, a 

basic state permitted installation may make 

any change in its permitted operations, activities or emissions that are not addressed in, 

constrained by or prohibited by the pennit 

without obtaining a permit revision. Insignificant activities not addressed in or prohibited · 

by the permit, shall not be considered to be 

constrained by the permit for purposes of the 

off-pennit provisions of this section. Off-permit changes shall be subject to the following 

requirements and restrictions: 

1. Compliance with applicable requirements. The change must meet all applicable 

requirements of the Act and may not violate 

any existing permit term or condition; no permittee may change a pennitted installation 

without a permit revision, even if the change 

is not addressed in or constramed by the permit, if this change is subject to any requirements under Title IV of the Act or is a Title I 

modification; 

2. Contemporaneous notice, except 

insignificant activities. The pennittee must 

provide contemporaneous written notice of 

the change to the permitting authority. This 

notice shall not be required for changes that 

are insignificant activities under paragraph 

(6)(B)3. of this rule. This written notice shall 

describe each change, including the date, any 

change in emissions, pollutants emitted and any applicable requirement that would apply as a result of the change. Construction permit determinations requested of the pennitting authority and/or construction permits 

obtained under 10 CSR 10-6.060 shall be 

deemed to be contemporaneous notice; and 

3. Records of changes. The permittee 

shall keep a record describing all changes 

made at the installation that result in emissions of a regulated air pollutant subject to an 

applicable requirement and the emissions 

resulting from these changes. 

(L) Operating Permit Amendments and 

Modifications. 

1. Administrative permit amendments. 

72 

(II) Allows for change in ownership 

or operational control of an installation where 

no other change in the permit is necessary, 

provided that a written agreement containing 

a specific date for transfer of pennit responsibility, coverage, and liability between the 

current and new permittee is submitted to the 

permitting authority. 

B. Procedures. 

(I) The pennittee shall request an 

administrative permit amendment by letter 

with certification by the responsible official. 

(II) The permitting authority shall 

take final action on a request for an administrative permit amendment within sixty (60) 

days after receipt of the request. 

(III) The installation may implement the changes addressed in a request for 

an administrative permit amendment immediately upon submittal of the request. 

2. Operating permit modifications. 

Whenever an operating pennit notifier or 

basic state installation determines, at any 

time after an operating pennit notification 

has been submitted or an operating pennit 

notification has been accepted by the permitting authority, that the notification or operating pennit contains false, misleading, incorrect or incomplete information, the owner or 

operator of the installation shall submit an 

amendment to the notification or operating 

permit promptly to the permitting authority. 

Whenever the permitting authority determines that an operating pennit fails to include 

or inadequately implements any applicable 

requirement, including any new requirement 

promulgated after the pennitting authority's 

acceptance of the operating pennit, the permitting authority shall infonn the installation 

of this requirement and direct the installation 

to prepare and submit a notification or operating permit amendment. 

(M) Compliance Demonstrations. The permitting authority, at any time when an operating pennit notification is pending or after 

an operating pennit has been accepted, may 

require the installation to demonstrate compliance with applicable requirements. If the 

installation fails to comply with this request, 

or fails to demonstrate compliance, the installation will be subject to the same enforcement 

provisions as established under the part 70 

state operating pennits of section (6) of this 

rule. 

CODE OF STATE REGULATIONS 

ting authority the stamped copy of the operating permit notification or general permit 

upon entry. 

(0) Federal Enforceability. Any tenns of 

an accepted operating permit which are based 

on applicable requirements contained in the 

federally-approved State Implementation Plan 

(SIP) or any other federal applicable requirements are federally enforceable. 

(P) Operational Flexibility. Nothing in this 

section shall be construed to inhibit the operation of a basic state installation with respect 

to any operations, activities, or emissions not 

addressed in, constrained by, or prohibited by 

the operating permit accepted by the pennitting authority. 

(Q) Public Availability. Operating permit 

notifications, accepted operating pennits, and 

compliance reports under this section shall be 

maintained in a file available to the public for 

inspection and copying, except to the extent 

confidential treatment has been granted at the 

request of the basic state installation. 

(R) Construction Peml.its or Authorizations Not Affected. The requirements of this 

section shall not affect the obligation of any 

basic state installation to obtain a pennit or 

authorization for any construction activity at 

the basic state installation which is subject to 

10 CSR 10-6.060 Construction Permits 

Required. 

(5) Intermediate State Operating Pennits. 

(A) Applicability. All intennediate installations are subject to the requirements of this 

section. 

(B) Permit Notification/ Applications. 

1. Timely notification/applications. 

A. All notifications/applications will 

be submitted in duplicate. Intermediate 

installations shall file initial notifications/applications on the following schedule: 

(I) Initial notification. All installations shall file complete notifications by July 

1996, with one (1) exception allowed as follows: Intermediate installations that have 

actual emissions (as defined in 10 CSR 10-

6.020(2)(A)4.) less than fifty percent (50%) 

of the part 70 installation threshold levels 

(refer to the defmition section ·of this rule for 

part 70 installation threshold levels) shall file 

complete 'notifications by May 1997; 

(II) Subsequent application. 

(7/31/11) ROBIN CARNAHAN 

Secretary of State 
no later than ninety (90) days after the commencement of operations. 

(c) If an installation already has 

an issued part 70 operating permit, the installation is subject to the requirements of the 

part 70 operating permit and intermediate 

application until the intermediate permit is 

issued and the part 70 operating permit is terminated; 

(III) Renewal application. Installations subject to this section shall file complete applications fur renewal of the operating 

permits at least six (6) months before the date 

of permit expiration. In no event shall this 

time be greater than eighteen (18) months; 

(IV) Unified review. An installation 

subject to this section required to have a construction permit under 10 CSR 10-6.060 may 

submit a complete application fur an operating permit or permit modification fur concurrent processing as a unified review. An operating permit submitted for concurrent 

processing shall be submitted with the applicant's construction permit application, or at a 

later time as the permitting authority may 

allow, provided that the total review period 

does not extend beyond eighteen (18) months. 

An installation that is required to obtain a 

construction permit under 10 CSR 10-6.060 

and that, in writing has not chosen to undergo unified review, shall file a complete operating permit application, permit amendment 

or modification application separate from the 

construction permit application within ninety 

(90) days after commencing operation; and 

(V) Application/notification expirations. Starting March 30, 2005-

(a) Installations that have an 

active initial or renewal application with a 

receipt stamp shall: 

I. Be deemed to have submitted the initial or renewal application; and 

II. Submit a renewal application, as identified in paragraph (5)(B)3. of 

this rule, six to eighteen (6-18) months prior 

to the expiration date of the permit issued 

according to subsection (5)(E) of this rule. 

(b) Installations that have an 

accepted notification shall submit a renewal 

application as identified in paragraph 

(5)(B)3. of this rule, six to eighteen (6- 18) 

months prior to the expiration date. 

(c) Installations that have aninitial or renewal notification- accepted or with 

ROBIN CARNAHAN 

Secretary of~ 

(7/31111) 

(I) The permitting authority shall 

review each application for completeness and 

shall infurm the applicant within sixty (60) 

days if the application is not complete. In 

order to be complete, an application must 

include a completed application furm and, to 

the extent not called fur by the furm, the 

infurmation required in paragraph (5)(B)3. of 

this rule. 

(ll) If the permitting authority does 

not notify the installation within sixty (60) 

days after receipt that its application is not 

complete, the application shall be deemed 

complete. However, nothing in this subsection shall prevent the permitting authority 

from requesting additional infurmation that is 

reasonably necessary to process the application. 

(III) The permitting authority shall 

maintain a checklist to be used fur the completeness determination. A copy of the checklist identifying the application's deficiencies 

shall be provided to the applicant along with 

the notice of incompleteness. 

(IV) If, while processing an application that has been determined or deemed to 

be complete, the permitting authority determines that additional infurmation is necessary to evaluate or take final action on that 

application, the permitting authority may 

request this additional infurmation be in writing. In requesting this information, the permitting authority shall establish a reasonable 

deadline fur a response. 

(V) In submitting an application fur 

renewal of an operating permit, the applicant 

may identify terms and conditions in the previous permit that should remain unchanged, 

and may incorporate by reference those portions of the existing permit (and the permit 

application and any permit amendment or 

modification applications) that describe 

products, processes, operations and emissions to which those terms and conditions 

apply. The applicant must identify specifically and list which portions of the previous permit or applications, or both, are incorporated 

by reference. In addition, a permit renewal 

application must contain-

(a) Information specified in paragraph (5)(8)3. of this rule for those products, 

processes, operations ·and emissions-

]. That are not addressed in 

the existing permit; 

CODE OF STATE REGULATIONS 

q

p

(6)(B)3.1.(1)-(IV) and subparagraph (6)(B) 

3 .J. of this rule. 

C. Confidential information. An 

applicant may make claims of confidentiality 

pursuant to 10 CSR 10-6.210, for information submitted pursuant to this section. The 

applicant shall also submit a copy of this 

information directly to the administrator, if 

the permitting authority requests that the 

applicant do so. 

D. Filing fee. Each operating permit 

application must be accompanied by a one 

hundred dollar ($100) filing fee, except for 

administrative permit amendments. 

2. Duty to supplement or correct application. Any applicant who fails to submit 

any relevant facts, or who has submitted 

incorrect information in a permit application, 

upon becoming aware of this fililure or incorrect submittal, shall promptly submit supplementary facts or corrected information. In 

addition, an applicant shall provide additional infurmation, as necessary, to address any 

requirements that become applicable to the 

installation after the date an application is 

deemed complete, but prior to issuance or 

validation of the permit, whichever is later. 

3. Standard application form and 

required infurmation. The permitting authority shall prepare and make available to all 

intermediate installations subject to this section an operating permit application form(s). 

The operating permit application form(s) 

shall require a general description of the 

installation and the installation's processes 

and products, emissions-related infurmation, 

and all applicable emission limitations and 

control requirements for each emissions unit 

at the installation to be permitted. The notification also shall require a statement of the 

installation's compliance status with respect 

to these requirements and a commitment 

regarding the installation's plans to either 

attain compliance with these requirements 

within the time allowed by law or maintain 

compliance with these requirements during 

the operating permit period. An applicant 

shall submit an application package consisting of the standard application form, emission inventory questionnaire, compliance 

plan and compliance certification as identified in subparagraphs (6)(8)3.A.-H., parts 

(6)(B)3 .1.(1)-(IV) and subparagraph 

(6)(8)3 .J. of this rule. 

73 
g 

g

g

tify, based on information and belief formed 

after reasonable inquiry, the statements and 

information in the document are true, accurate, and complete." 

5. Single, multiple, or general permits. 

Pursuant to section (5) of this rule, an installation must have a permit (or group of permits) addressing all applicable requirements 

for all emission units in the installation. An 

installation may comply with this subsection 

through any one of the methods identified in 

paragraphs (3)(A)l.-4. of this rule. 

(C) Permit Content. 

1. Standard permit requirements. Every 

operating permit" issued pursuant to this 

section shall contain all requirements applicable to the installation at the time of issuance, 

as identified in parts (6)(C)l.A.(I) and 

(III), subparagraphs (6)(C)l.B. and D., 

part (6)(C)l.C.(I), subpart (6)(C)l.C.(ll)(a), 

item (6)(C)l.C.(II)(b)l., subparts 

(6)(C)l.C.(Ill)(d) and (e), subparagraphs 

(6)(C)3.A. through 

D., and paragraphs 

(6)(C)5. and 7. of this rule. 

A. General requirements. 

(I) The permittee must comply with 

all the terms and conditions of the permit. 

Any noncompliance with a permit condition 

constitutes a violation and is grounds for 

enforcement action, permit termination, permit revocation and reissuance, permit modification, or denial of a permit renewal application. Note: The grounds for termination of a 

permit under this part of the rule are the same 

as the grounds for revocation as stated in part 

(6)(E)8.A.(I) of this rule. 

(10 It shall not be a defense in an 

enforcement action that it would have been 

necessary for the permittee to halt or reduce 

the permitted activity in .order to maintain 

compliance with the conditions of the pertnit. 

(110 The permit may be modified, 

revoked, reopened, reissued, or tertninated 

for cause. Except as provided for minor permit modifications, the filing of an application 

or request for a permit modification, revocation and reissuance, or termination, or the filing of a notifx:ation of planned changes or 

anticipated noncompliance, does not stay any 

pertnit condition. 

(IV) The permit does not convey 

any. property rights of any sort, or grant any 

exclusive privilege. 

74 

the permittee also shall furnish to the permitting authority copies of records required to be 

kept by the permittee. The permittee may 

make a claim of confidentiality for any information or records submitted under this paragraph of this rule. 

(VO Failure to comply with the 

limitations and conditions that qualify the 

installation for an intermediate permit make 

the installation subject to the provisions of 

section (6) of this rule and enforcement 

action for operating without a valid part 70 

operating permit. 

B. Reporting requirements. With 

respect to reporting, the permit shall incorporate all applicable reporting requirements 

and require the following: 

(I) The frequency the pertnittee 

shall submit a report of any required monitoring. To the extent possible, tlie schedule 

for submission of these reports shall be timed 

to coincide with other periodic reports 

required of the permittee; 

(II) Each report submitted under 

part (5)(C)l.B.(I) of this rule shall identify 

any deviations from permit requirement, 

since the previous report, that have been 

monitored by the monitoring systems 

required under the permit, and any deviations 

from the monitoring, record-keeping, and 

reponing requirements of the pertnit; 

(110 In addition to annual monitoring reports, each permittee shall be required 

to submit supplemental repons as indicated 

in subpan (6)(C)l.C.(IIl)(c) of this rule. All 

reports of deviations shall identify the cause 

or probable cause of the deviations and any 

corrective actions or preventative measures 

taken and follow the procedures identified in 

subpart (6)(C)I.C.(Il0(c) of this rule. 

C. Reasonably anticipated operating 

scenarios. The permit shall include tertns and 

conditions for reasonably anticipated operating scenarios identified by the applicant and 

approved by the pertnitting authority. The permit shall authorize the permittee to make 

changes among alternative operating scenarios authorized in the pertnit without notice, 

but shall require the permittee, contemporaneous with changing from one (1) operating 

scenario to another, to record in a log at the 

permitted installation the scenario under 

which it is operating. 

CODE OF STATE REGULATIONS 

applicable limitations and requirements contained in the implementation plan or enforceable under the implementation plan. The permitting authority may not waive or make less 

stringent any limitations or requirements contained in the imple!Dentation plan, or that are 

otherwise federally-enforceable (for example, 

standards established under sections 111 or 

112 of the Act) in the operating permit; 

B. Be permanent, quantifiable, and 

otherwise enforceable as a practical matter; 

and 

C. Follow the public participation 

procedures of section (7) of this rule. 

3. Compliance certification. The pertnit 

must include requirements for certification of 

compliance with terms and conditions contained in the pertnit that are federally enforceable, including emissions limitations, standards, or work practices. The permit shall 

specify the information identified in subparts 

(6)(C)3.E.(O-(III) and (V)-(Vl) of this rule. 

4. General permits. Installations may 

apply to operate under any general permit. 

A. Issuance of general permits. General permits covering similar installations 

may be issued by the permitting authority 

after notice and opportunity for public participation under section (7). The general permit 

shall indicate a reasonable time after which 

an installation that has submitted an application for authorization will be deemed to be 

authorized to operate under the general permit. A general pertnit shall identify criteria 

by which installations may be authorized to 

operate under the general permit. This criteria must include the following: 

·(I) Categories of sources covered 

by the general permit must be homogeneous 

in terms of operations, processes, and emissions; 

(II) Sources may not be subject to 

case-by-case standards or requirements; and 

(III). Sources must be subject to 

substantially similar requirements governing 

operations, emissions, monitoring, reporting, 

and record keeping. 

B. Applications. The permitting 

authority shall provide application forms for 

coverage under a general pertnit. General 

permit applications may deviate from individual permit applications but shall include all 

information necessary to detertnine qualification for, and to assure compliance with, the 

(7/31/11) ROBIN CARNAHAN 

Secretary of State 
C. Public participation. Although 

public participation under section (7) of this 

rule is necessary for the issuance of a general permit, the permitting authority may 

authorize an installation to operate under 

general permit terms and conditions without 

repeating the public participation procedures. 

D. Enforcement. The source shall be 

subject to enforcement actions for operating 

without an operating permit if it is determined later that the source does not qualify 

for the conditions and terms of the general 

permit. 

5. Off-permit changes. Except as provided in subparagraph (5)(C)5.A. of this 

rule, an intermediate permitted installation 

may make any change in its permitted installation's operations, activities, or emissions 

that is not addressed in, constrained by or 

prohibited by the permit without obtaining a 

permit revision. Off-permit changes shall be 

subject to the following requirements and 

restrictions: 

A. Compliance . with applicable 

requirements. The change must meet all 

applicable requirements of the Act and may 

not violate any existing permit term or condition; no permittee may change a permitted 

installation without a permit revision, even if 

the change is not addressed in or constrained 

by, the permit, if this change is a Title I modification. Please 

Note: Changes at the installation which affect the emission limitation(s) 

classifying the installation as an intermediate 

source (add additional equipment to the 

record keeping requirements, increase the 

emissions above major source level) do not 

qualify for off-permit changes. 

B. Contemporaneous· notice. The permittee must provide contemporaneous written 

notice of the change to the permitting authority and to the administrator. This written 

notice shall describe each change, including 

the date, any change in emissions, pollutants 

emitted and any applicable requirement that 

would apply as a result of the change; and 

·C. Record of changes. The permittee 

shall keep a record describing all changes 

made at the installation that result in emissions of a regulated air pollutant subject to an 

applicable requirement and the emissions 

resulting from these changes. 

6. Federal enforceability. Any terms of 

an issued operating permit which are based 

ROBIN CARNAHAN (7/31/11} 

Secretary of State 

(

)(

) 

(E) Permit Issuance, Renewal, Reopenings, 

and Revisions. The complete intermediate 

operating permit, permit modification, or 

permit renewal applications and permits shall 

be subject to the criteria identified in paragraphs (6)(E)4. and &.- 11. of this rule. 

1. Action on application. 

A. The intermediate operating permit, permit modification or permit renewal 

applications shall follow the procedures identified in subparagmphs (6)(E)l.A.-C. and 

G. 

of this rule. 

B. E~cept as provided in this subsection of the rule, the permitting authority shall 

take final action on each application for an 

intermediate operating permit within eighteen 

(18) months after receiving a complete application. Final action on each application for a 

significant permit modification or permit 

renewal shall be taken within six (6) months 

after receipt of a complete application. For 

renewals, the installation shall remain subject 

to the conditions of the current permit until 

the renewal permit is issued. New sources are 

subject to section (6) of this rule until an 

intermediate permit is issued, even if the permitting authority does not act within the time 

frames specified in this rule. For each application the permitting authority shall submit a 

draft permit for public participation under 

section (7) of this rule no later than thirty 

(30) days before the deadline for final action 

established in this section. · 

C. Following the end of the public 

comment period, the permitting authority 

shall issue or deny the permit, permit modification, or permit renewal. 

2. Permit renewal and expiration. 

A. Renewal application requirements. 

Applications for permit renewals shall be 

subject to the same proceduml requirements, 

including public participation and affected 

state comment, that apply to initial permit 

issuance. The permitting authority, in issuing 

a permit or renewal permit, may identify 

those portions that are proposed to be 

revised, supplemented, or deleted. 

B. Timely application. An installation's right to operate shall terminate upon 

the expimtion of the permit, unless a complete permit renewal application is submitted 

at least six (6) months before the date of expimtion, or unless the permitting authority 

CODE OF STATE REGULATIONS 

p

p

, 

p

p

mit shall not expire until the renewal permit 

is issued or denied. 

3. Operating permit amendments/modifications. 

A. Administrative permit amendments are defined and shall follow the procedures identified in subparagraphs (6)(E)4.A. 

and C. of this rule. 

B. Permit modifications are defined as 

any revision to an intermediate opemting permit which is not an administrative permit 

amendment under subparagmph (5)(E)2.A. 

of this rule. An applicant for a permit modification shall adhere to all the relevant 

requirements for an initial permit application 

under section (5) of this rule, as well as 

requirements for public participation under 

section (7) of this rule, except-

(!) The applicant should use the 

form for a permit modification application, 

rather than the form for an initial permit 

issuance; and 

(JI) The permitting authority will 

complete review of the permit modification 

applications within nine (9) months after 

receipt of a complete application. 

4. Reopening permits for cause. 

A. Cause to reopen. An intermediate 

opemting permit shall be reopened for cause 

if: 

(I). The permitting authority determines that the permit contains a material mistake or thiit inaccurate statements were made 

in establishing the emissions limitations standards or other terms of the permit; 

(II) Additional applicable requirements under the Act become applicable to the 

installation; however, reopening on this 

ground is not required as identified in subparts (6)(E)6.A.(III)(a)-(c) of this rule; or 

(III) The permitting authority or 

the administrator determines that the permit 

must be reopened and revised to assure compliance with applicable requirements. 

B. The notices, procedures for 

issuance and deadlines will follow the criteria 

in subparagraphs (6)(E)6.B.-D. and F. of this 

rule. 

(F) Permit Review by the Administrator 

and Affected States. 

1. Notice of draft actions. The permitting authority will give notice of each dmft 

permit, modified permit, and renewed permit 

to the administrator and any affected state on , 

75 
a

d 

2. Written response to comments. The 

permitting authority will provide a written 

response to the public comments received 

from the administrator and affected states to 

the installation and all other parties which 

submitted comments during the public comment period as described in section (7) of this 

rule prior to issuing the operating permit. 

(6) Part 70 Operating Permits. 

(A) Applicability. All part 70 installations 

are subject to this section. 

(B) Permit Applications. 

1. Duty to apply. 

A. Tunely application. 

(I) Part 70 installations shall file 

initial applications on the fullowing schedule: 

(a) The permit registry. 

I. The permitting authority 

shall create and maintain a permit issuance 

registry that part 70 installations may apply in 

writing to be placed on. The request must 

identify a specific year of initial issuance. 

The registry will identify by year when the 

permitting authority expects to issue the 

operating permit. 

II. The registry will be opened 

fur three (3) months after the effective date of 

this rule. The registry will be filled on a firstcome, first-served basis, judged by the 

stamped "Received" date by the permitting 

authority. 

III. The permitting authority 

will assign installations that do not make a 

specific request to the registry at the permitting authority's discretion as necessary to 

meet a one-third (1/3) per year for three (3) 

years permit issuance schedule following the 

administrator's approval of the operating permit program. 

N. The permitting authority 

may exercise discretion in reassigning applicants on the registry by accepting applicants 

after the close of the registry, and taking into 

consideration staff resources, complexity of 

applicant's operations, distribution of multiple installations under common control, and 

amount and nature of the air contaminants; 

and 

(b) Initial application submittal 

schedule. 

I. Installations scheduled to 

receive their operating permit within the first 

76 

(

) 

g 

administrator's approval of the operating permit program or the commencement of operations, whichever is later. 

(III) A complete initial application 

filed at any time shall be accepted fur processing. However, acceptance of an application does not relieve the applicant of his/her 

liability for submitting an untimely application. 

(IV) An installation subject to this 

section required to meet section 112(g) of the 

Act, or to have a construction permit under 10 

CSR 10-6.060 may submit a complete application for an operating permit or permit modification fur concurrent processing as a unified review. An operating pennit application 

submitted fur concurrent processing shall be 

submitted with the applicant's construction 

permit application, or at a later time as the 

permitting authority may allow, provided that 

the total review period does not extend beyond 

eighteen (18) months. An installation that is 

required to obtain a construction permit under 

10 CSR i0-6.060 and who, in writing has not 

chosen to undergo unified review, shall file a 

complete operating pennit application, permit amendment, or modification application 

separate from the construction permit application within twelve (12) months after commencing operation. 

(V) Installations subject to this section shall file complete applications for 

renewal of the operating permits at least six 

(6) months befure the date of permit expiration. In no event shall this time be greater 

than eighteen (18) months. 

(VI) Installations subject to this 

section required to submit applications for 

initial phase II acid rain permits shall submit 

complete applications to the permitting 

authority by January 1, 1996, fur sulfur dioxide, and by January 1, 1998 fur nitrogen 

oxides. 

B. Complete application. 

(I) The permitting authority shall 

review each application fur completeness and 

shall infurm the applicant within sixty (60) 

days if the application is not complete. In 

order to be complete, an application must 

include a completed application furm and, to 

the extent not called for by the furm, the 

information required in paragraph (6)(B)3. of 

this rule. 

CODE OF STATE REGULATIONS 

tion. 

(III) The permitting authority shall 

maintain a checklist to be used for the completeness determination. A copy of the checklist identifying the application's deficiencies 

shall be provided to the applicant along with 

the notice of incompleteness. 

(N) If, while processing an application that has been determined or deemed to 

be complete, the permitting authority determines that additional information is necessary to evaluate or take final action on that 

application, the permitting authority . may 

request this additional infurmation be in writing. In requesting this information, the permitting authority shall establish a reasonable 

deadline fur a response. 

(V) In submitting an application for 

renewal of an operating permit, the applicant 

may identify terms and conditions in the previous permit that should remain unchanged, 

and may incorporate by reference those portions of the existing permit (and the permit 

application and any permit amendment or 

modification applications) that describe products, processes, operations, and emissions to 

which those terms and conditions· apply. The 

applicant must identify specifically and list 

which portions of the previous permit or applications, or both, are incorporated by reference. 

In addition, a permit renewal application 

must contain: 

(a) Information specified in paragraph (6)(8)3. of this rule fur those products, 

processes, operations, and emissions-

!. That are not addressed in 

the existing permit; 

II. That are subject to applicable requirements which are not addressed in 

the existing permit; or 

III. For which the applicant 

seeks permit terms and conditions that differ 

from those in the existing permit; and 

(b) A compliance plan and certification as required in subparagraphs 

(6)(8)3.1. and J. of this rule . . 

C. Confidential infurmation. If an 

applicant submits information to the permitting authority under a claim of confidentiality 

pursuant to 10 CSR 10-6.210, the applicant 

shall also submit a copy of this information 

directly to the administrator, if the permitting 

authority requests that the applicant do so. 

(7131111) ROBIN CARNAHAN 

Secretary of Stat. 
submittal, shall promptly submit supplementary fucts or corrected information. In addition, an applicant shall provide additional 

information, as necessary, to address any 

requirements that become applicable to the 

installation after the date an application is 

deemed complete, but prior to issuance or 

validation of the permit, whichever is later. 

3. Standard application form and 

required information. An applicant shall submit an application package consisting of the 

standard application form, emission inventory questionnaire, compliance plan, and compliance certification. Tbe.application package 

must include all information needed to determine applicable requirements. The application must include information needed to 

determine the applicability of any applicable 

requirement. The applicant shall submit the 

information called for by the application form 

for each emissions unit at the installation to 

be permitted, except for insignificant activities. An activity cannot be listed as insignificant if the activity has an applicable requirement. The installation shall provide a list of 

any insignificant activities that are exempt 

because of size or production rate. Any 

insignificant activity required to be listed in 

the application also must list the approximate 

number of activities included (for example, 

twenty (20) leaky valves) and the estimated 

quantity of emissions associated. The application must include any other information, as 

requested by the permitting authority, to 

determine the insignificant activities have no 

applicable requirements. lnforination reported in the permit application which does not 

result in the specification of any permit limitation, term, or condition with respect to that 

information (including, but not limited to, 

information identifying insignificant activities), shall not in any way constrain the operations, activities, or emissions of a permitted 

installation, except as otherwise provided in 

this section. The standard application form 

(and any attachments) shall require that the 

following information be provided: 

A. Identifying information. The applicant's company name and address (or plant 

name and address if different from the company name), the owner's name and state registered agent, and the telephone IWIDber and 

name of the plant site manager or other contact person; 

ROBIN CARNAHAN 

Secretary of State 

(7131/11) 

The following emissions-related information 

on the emissions inventory forms: 

(I) All emissions of pollutants for 

which the installation is a part 70 source, and 

all emissions of any other regulated air pollutants. The permit application shall describe 

all emissions of regulated air pollutants emitted from each emissions unit, except as provided for by section (6) of this rule. The 

installation shall submit additional information related to the emissions of air pollutants 

sufficient to verify which requirements are 

applicable to the installation; 

(II) Identification and description 

of all emissions units whose emissions are 

included in part (6)(B)3.C.(I) of this rule, in 

sufficient detail to establish the applicability 

of any and all requirements; 

(III) Emissions rates in tons per 

year and in such terms as are necessary to 

establish compliance consistent with the 

applicable standard reference test method, if 

any; 

(IV) The following information to 

the extent needed to determine or regulate 

emissions including: fuels, fuel use, raw 

materials, production rates, and operating 

schedules; 

(V) Identification and description 

of air pollution control equipment; 

(VI) Identiftcation and description 

of compliance monitoring devices or activities; 

(VII) Limitations on installation 

operations affecting emissions or any work 

practice standards, where applicable, for all 

regulated pollutants; 

(VIII) Other information required 

by any applicable requirement (including 

information related to stack height credit limitations developed pursuant to section 123 of 

the Act); and 

(IX) Calculations on which the 

information in parts (6)(B)3.C.(I)-(VIII) of 

this rule is based; 

D. Air pollution control information. 

The following air pollution control information: 

(I) Citation and description of all 

applicable requirements; and 

(II) Description of, or reference to, 

any applicable test method for determining 

compliance with each applicable requirement; 

CODE OF STATE REGULATIONS 

SIP allows an installation to comply through 

an alternative emissions limit or means of 

compliance, the applicant may request that 

such an alternative limit or means of compliance be specified in the permit. The applicant 

must demonstrate that any such alternative is 

quantifiable, accountable, enforceable, and 

based on replicable procedures. The applicant 

shall propose permit terms and conditions to 

satisfy these requirements in the application; 

G. Proposed exemptions. An explanation of any proposed exemptions from otherwise applicable requirements; 

H. Proposed reasonably anticipated 

operating scenarios. Additional information, 

as determined necessary by the permitting 

authority, to define reasonably anticipated 

operating scenarios identified by the applicant for emissions trading or to defme permit 

terms and conditions implementing operational flexibility; 

I. Compliance plan. A compliance 

plan that contains all of the following: 

· (I) A description of the compliance 

status of the installation with respect to all 

applicable requirements; 

<m A description as follows: 

(a) For applicable requirements 

with which the installation is in compliance, 

a statement that the installation will continue 

to comply with these requirements; 

(b) For applicable requirements 

that will become effective during the permit 

terni, a statement that the installation will 

comply with these requirements on a timely 

basis; and 

(c) For any applicable requirements with which the installation is not in 

compliance at the time of permit issuance, a 

narrative description of how the installation 

will achieve compliance with these requirements; 

(III) A compliance schedule as follows: 

(a) For applicable requirements 

with which the installation is in compliance, 

a statement that the installation will continue 

to comply with these requirements; 

(b) For applicable requirements 

that will become effective during the permit 

term, a statement that the installation will 

comply with these requirements on a timely 

basis . . A statement that the installation will 

comply in a timely manner with applicable 

77 
remedial. measures and an enforceable 

sequence of actions, with milestones, leading 

to compliance. (This compliance schedule 

shall resemble and be equivalent in stringency to that contained in any judicial consent 

decree or administrative order to which the 

installation is subject); 

(IV) For installations required to 

have a schedule of compliance under subpart 

(6)(B)3.1.(III)(c) of this rule, a schedule for 

the submission of certified progress reports 

no less frequently than every six (6) months; 

and 

(V) The compliance plan content 

requirements specified in this paragraph shall 

apply to, and be included in, the acid rain 

portion of a compliance plan for an affected 

source, except as specifically superseded by 

regulations promulgated under Title IV of the 

Act with regard to the schedule and 

method(s) the installation will use to achieve 

compliance with the acid rain emissions limitations; 

J. Compliance certification and information. 

(I) A certification of compliance 

with all applicable requirements signed by a 

responsible official consistent with paragraph 

(6)(B)4. of this rule and section 114(a)(3) of 

the Act; ' 

(II) A statement of methods used 

for determining compliance, including a 

description of monitoring, record keeping 

and reporting requirements, and test methods; 

(III) A schedule for the submission 

of compliance certifications during the pennit 

term, which shall be submitted annually, or more frequently if required by an underlying 

applicable requirement; and 

(IV) A statement indicating the 

installation's compliance status with respect 

to any applicable enhanced monitoring and 

compliance certification requirements of the 

Act; and 

K. Acid rain information. Nationallystandardized forms for acid rain portions of 

pennit applications and compliance plans 

shall be used, as required by rules promulgated under Title IV of the Act. 

4. Certification by responsible official. 

Any application fonn, report or compliance 

certification submitted pursuant to this rule 

shall contain certification by a responsible 

78 

5. Single, multiple, or general permits. 

Pursuant to this section of the rule, an installation must have a pennit (or group of permits) addressing all applicable requirements 

for all emissions units in the installation. An 

installation may comply with this subsection 

of the rule any one (1) of the methods identified in paragraphs (3)(A)l.-4. of 

this rule. 

(C) Permit Content. 

1. Standard pennit requirements. Every 

operating permit issued pursuant to this section (6) shall contain all requirements applicable to the installation at the time of 

issuance. 

A. Emissions limitations and standards. The pennit shall specify emissions 

limitations or standards applicable to the 

installation, and shall include those operational requirements or limitations as necessary to assure compliance with all applicable 

requirements. 

(I) The permit shall specify and 

reference the origin of and authority for each 

tenn or condition and shall identify any difference in fonn as compared to the applicable 

requirement upon which the term or condition is based. 

(II) The permit shall state that, 

where an applicable requirement is more 

stringent than an applicable requirement of 

rules promulgated under Title IV of the Act, 

both provisions shall be incorporated into the 

pennit and shall be enforceable by the administrator. 

(III) If the implementation plan or 

other applicable requirement allows an installation to comply through an alternative emissions limit or means of compliance and the 

applicant requests that this alternative limit or 

means of compliance be specified in the permit, the permitting authority may include this 

alternative emissions limit or means of compliance in an installation's permit upon 

demonstrating that it is quantifiable, accountable, enforceable, and based on replicable 

procedures. 

B. Pennit duration. The permitting 

authority shall issue pennits for five (5) 

years. The pennit tenn shall commence on 

the date of issuance or, when applicable, the 

date of validation. 

C. Monitoring and related record 

keeping and reporting requirements. 

CODE OF STATE REGULATIONS 

114(a)(3) or 504(b) of the Act; 

(b) Where the applicable 

requirement does not require periodic testing 

or instrumental or noninstrumental monitoring (which may consist of record keeping 

designed to serve as monitoring), then periodic monitoring sufficient to yield reliable 

data for the relevant time period that are representative of the installation's compliance 

with the pennit, as reported pursuant to part 

(6)(C)l.C.(III) of this rule. These monitoring 

requirements shall assure the use of tenns, 

test methods, units, averaging periods and 

other statistical conventions consistent with 

the applicable requirement. Record keeping 

provisions may be sufficient to meet the 

requirements of this paragraph; and 

(c) As necessary, requirements 

concerning the use, maintenance, and where 

appropriate, installation of monitoring equipment or methods. 

(II) With respect to record keeping, 

the pennit shall incorporate all applicable 

record keeping requirements and require, 

where applicable, the following: 

(a) Records of required monitoring information that include the following: 

I. The date, place as defmed in 

the pennit, and time of sampling or measurements; 

II. The date(s) analyses were 

performed; 

III. The company or entity that 

performed the analyses; 

IV. The analytical techniques 

or methods used; 

V. The results of these analyses; and 

VI. The operating conditions 

as existing at the time of sampling or measurement; 

(b) Retention of records. 

I. Retention of records of all 

required monitoring data and support information for a period of at least five (5) years 

from the date of the monitoring sample, measurement, report, or application. Support 

information includes all calibration and maintenance records and all original strip-chart 

recordings when used for continuous monitoring instrumentation, and copies of all 

reports required by the pennit. Where appropriate, the pennit may specify that records 

may be maintained in computerized fonn. 

(7/31/11} ROBIN CARNAHAN 

Secretary of State 
rules shall require the permittee to submit a 

report of any required monitoring every six 

(6) months. Th the extent possible, the schedule ·for submission of these reports shall be 

timed to coincide with other peri<Jdic reports 

required by the permit, including the permittee's annual compliance certification; 

(b) Each report submitted under 

subpart (6)(C)l.C.(IIl)(a) of this rule shall 

identify any deviations from permit requirement, since the previous report, that have 

been monitored by the monitoring_ systems 

required under the permit, and any deviations 

from the monitoring, record-keeping, and 

reporting requirements of the permit; 

(c) In addition to semiannual 

monitoring reports, each permittee shall be 

required to submit supplemental reports as 

indicated here. All reports of deviations shall 

identify the cause or probable cause of the 

deviations and any corrective actions or preventative measures taken. 

I. Notice of any deviation 

resulting from an emergency (or upset) condition as defined in paragraph (6)(C)7. of this 

rule shall be submitted to the permitting 

authority either verbally or in writing within 

two (2) working days after the date on which 

the emission limitation is exceeded due to the 

emergency, if the permittee wishes to assert 

an affirmative defense. The affirmative 

defense of emergency shall be dernonstrnted 

through properly signed, contemporaneous 

operating logs, or other relevant evidence that 

indicate an emergency occurred and the permittee can identity the cause(s) of the emergency. The permitted facility must show that 

it was operated properly at the time and that 

during the period of the emergency the permittee took all reasonable steps to minimize 

levels of emissions that exceeded the emission 

standards or requirements in the permit. The 

notice must contain a description of the emergency, steps taken to mitigate emissions, and 

the corrective actions taken. 

II. Any deviation that poses an 

imminent and substantial danger to public 

health, safety, or the environment shall be 

reported as soon as practicable. 

III. Any other deviations identified in the permit as requiring more frequent reporting than the permittee's semiannual report shall be reported on the schedule 

specified in the permit; 

ROBIN CARNAHAN 

Seci'IJtary of Stllte 

(7/31/11) 

y

g

y 

supplemental information required concerning the deviation; and 

(e) A permittee may request confidential treatment of information. submitted 

in any report of deviation. 

D. Risk management plans. If the 

installation is required to develop and register 

a risk management plan pursuant to section 

l12(r) of the Act, the permit is required to 

specify only that the permittee will verify that 

they have complied with the requirement to 

register such a plan. The contents of the risk 

management plan itself need not be incorporated as a permit term. 

E. Emissions exceeding Title IV 

allowances. Where applicable, the permit 

shall prohibit emissions exceeding any 

allowances truit the installation lawfully holds 

under Title IV of the Act or rules promulgated thereunder. 

(I) No permit revision shall be 

required for increases in emissions that are 

authorized by allowances acquired pursuant 

to the acid rain program if the increases do 

not require a permit revision· under any other 

applicable requirement. 

(II) No limit shall be placed on the 

number of allowances that may be held by an 

installation. The installation may not use 

these allowances, however, as a defense for 

noncompliance with any other applicable 

requirement. 

(III) Any of these allowances shall 

be accounted for according to procedures 

established in rules promulgated under Title 

IV of the Act. 

F. Severability clause. The permit 

shall include a severability clause to ensure 

the continued validity of uncontested permit 

conditions in the event of a successful challenge to any contested portion of the permit. 

G. General requirements. 

(I) The permittee must comply with 

all the terms and conditions of the permit. 

Any noncompliance with a permit condition 

constitutes a violation and is grounds for 

enforcement action, for permit termination, 

permit revocation and reissuance, permit 

modifiCation, or denial of a permit renewal 

application. Note: The grounds for termination of a permit under part (6)(C)I.G.(I) are 

the same as the grounds for revocation as 

stated in part (6)(E)8.A.(I). 

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mit modifications, the filing of an application 

or request for a permit modification, revocation and reissuance, or termination, or the filing of a notification of planned changes or 

anticipated noncompliance, does not stay any 

permit condition. 

(IV) The permit does not convey 

any property rights of any sort, or grant any 

exclusive privilege. 

(V) The permittee shall furnish to 

the permitting authority, upon receipt of a 

written request and within a reasonable time, 

any information that the permitting authority 

reasonably may require to determine whether 

cause exists for modifying, reopening, reissuing, or revoking the permit or to determine 

compliance with the permit. Upon request, 

the permittee also shall furnish to the permitting authority copies of records required to be 

kept by the permittee. The permittee may 

make a claim of confidentiality for any information or records submitted under this paragraph (6)(C)l. 

H. Incentive programs not requiring 

permit revisions. The permit shall include a 

provision stating that no permit revision will 

be required for any installation changes made 

under any approved economic incentive, marketable permit, emissions . trading, or other 

similar programs or processes provided for in 

the permit. 

I. Reasonably anticipated operating 

scenarios. The permit shall include terms and 

conditions for reasonably anticipated operating scenarios identified by the applicant and 

approved by the permitting authority. The 

permit shall authorize the permittee to make 

changes among alternative operating scenarios authorized in the permit without notice, 

but shall require the permittee, contemporaneous with changing from one (1) operating 

scenario to another, to record in a log at the 

permitted installation the scenario under 

which it is operating. The permit shield shall 

apply to these terms and conditions. 

J. 

Emissions trading: The permit shall 

include terms and conditions for the trading 

of emissions increases and decreases within 

the permitted installation to the extent that the 

applicable requirements provide for the trading of increases and decreases without caseby-case approval of each emissions trade. 

These terms and conditions shall include all 

those required to determine compliance (to 

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A. Federally-enforceable conditions. 

Except as provided in subparagraph 

(6)(C)2.B. of this rule, all terms and conditions in a permit issued under this section, 

including any voluntary provisions designed 

to limit an installation's potential to emit, are 

enforceable by the permitting authority, by 

the administrator, and by citizens under section 304 of the Act. 

B. State-only requirements. Notwithstanding subparagraph (6)(C)2.A. of this 

rule, the permitting authority shall expressly 

designate as not being federally-enforceable 

or enforceable under section 304 of the Act any terms and conditions included in the permit that are not required under the Act or any of its applicable requirements, and these 

terms and conditions shall not be enforceable 

by the administrator or by citizens under section 304 of the Act. Terms and conditions so 

designated shall not be subject to the requirements of 40 CPR sections 70.7 and 70.8. 

Terms and conditions expressly des1gnated as 

state-only requirements under this paragraph 

may be included in an addendum to the 

installation's permit. 

3. Compliance requirements. Permits 

issued under this section (6) shall contain the 

elements listed here with respect to compliance. 

A. General requirements, including 

certification. Consistent with the monitoring 

and related record keeping and reporting 

requirements of this paragraph, the operating 

permit must include compliance certification, 

testing, monitoring, reporting, and recordkeeping requirements sufficient to assure 

compliance with the terms and conditions of 

the permit. Any document (including reports) 

required to be submitted under this rule shall 

contain a certification signed by a responsible 

official as to the results of the required monitoring. 

B. Inspection and entry. The permit 

must include requirements providing that, 

upon presentation of credentials and other 

documents as may be required by law, the 

permittee shall allow authorized officials of 

the permitting authority to perform the following (subject to the permittee's right to 

seek confidential treatment of information 

submitted to, or obtained by, the permitting 

authority under this subsection): 

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(Ill) Inspect, at reasonable times 

and using reasonable safety practices, any 

facilities, equipment (including monitoring 

and air pollution control equipment), practices, or operations regulated or required 

under the permit; and 

(IV) As authorized by the Missouri 

Air Conservation Law Chapter 643, RSMo 

or the Act, sample or monitor, at reasonable 

times, substances or parameters for the purpose of assuring compliance with the permit 

or applicable requirements. 

C. Schedule of compliance. The permit must include a schedule of compliance, to 

the extent required. 

D. Progress reports. To the extent 

required under an applicable schedule of 

compliance, the permit must require progress 

reports to be submitted semiannually, or 

more frequently if specified in the applicable 

requirement or by the permitting authority. 

These progress reports shall contain the following: 

(I) Dates for achieving the activities, milestones, or compliance required in 

the schedule of compliance, and dates when 

these activities, milestones, or compliance 

were achieved; and 

(II) An explanation of why any 

dates in the schedule of compliance were not 

or will not be met, and any preventive or corrective measures adopted. 

E. Compliance certification. The permit must include requirements for certification of compliance with terms and conditions 

contained in the permit that are federally 

enforceable, including emissions limitations, 

standards, or work practices. The permit 

shall specify-

(!) The frequency (which shall be 

annually unless the applicable requirement 

specifies submission more frequently) of 

compliance certifications; 

(II) The means for monitoring 

compliance with emissions limitations, standards, and work practices contained in applicable requirements; 

(III) A requirement that the compliance certification include the following: 

(a) The identification of each 

term or condition of the permit that is the 

basis of the certification; 

(b) The permittee's current compliance status, as shown by monitoring data 

CODE OF STATE REGULATIONS 

(e) Such other facts as the permitting authority may require to determine 

the compliance status of the source; 

(IV) A requirement that all compliance certifications be submitted to the administrator as well as to the permitting authority; (V) Additional requirements as may 

be specified pursuant to sections 114(a)(3) 

and 504(b) of the Act; and 

(VI) Any other provisions as the 

permitting authority may require. 

4. General permits. Installations may 

apply to operate under any general permit. 

A. Issuance of general permits. 

General permits covering similar part 70 

installations may be issued by the permitting 

authority after notice and opportunity for 

public participation under subsection (6)(F) 

and section (7). The general permit shall 

indicate a reasonable time after which an 

installation that has submitted an application 

for authorization will be deemed to be authorized to operate under the general permit. A 

general permit shall identify criteria by which 

installations may be authorized to operate 

under the general permit. This criteria must 

include the following: 

(I) Categories of sources covered 

by the general permit must be homogeneous 

in terms of operations, processes, and einissions; 

(II) Sources may not be subject to 

case-by-case standards or requirements; and 

(III) Sources must be subject to 

substantially similar . requirements governing 

operations, emissions, monitoring, reporting, 

and record keeping. 

B. Applications. The permitting 

authority shall provide application forms for 

coverage under a general permit. General 

pennit applications may deviate from individual part 70 permit applications but shall include 

all information necessary to determine qualification for, and to assure compliance with, the 

general permit. The permitting authority 

shall authorize coverage by the conditions and 

terms of a general permit to all installations 

that apply for and qualify under the specified 

general permit criteria. Installations applying 

for coverage under a general permit must 

comply with all the requirements of this rule, 

except public participation requirements. General permits shall not be authorized for 

affected sources under the acid rain program 

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ms and conditions without 

repeating the public participation procedures. 

However, this authorization shall not be a 

final permit action of purposes for judicial 

review. 

D. Enforcement. Notwithstanding the 

permit shield provisions of paragraph 

(6)(C)6. of this rule, an installation authorized to operate under a general permit is 

subject to enforcement fur operating without 

an individual part 70 operating permit if the 

installation is determined not to be qualified 

for the general permit. 

5. Portable installations. An installation 

may apply for a single permit authorizing 

emissions from similar operations by the 

same installation owner or operator at multiple temporary locations. 

A. Qualification criteria. To qualify 

for a permit under this paragraph (6)(C)5. the 

applicant's operation must be temporary and 

involve at least one (1) change of location 

during the permit term. Affected sources 

shall not be authorized as temporary installations under the acid rain program unless otherwise provided in rules promulgated under 

Title IV of the Act. 

B. Compliance at each location. The 

permittee must comply with all applicable 

requirements at each authorized location. 

C. Notice of location change. The 

owner or operator of the installation must 

notify the pertnitting authority at least ten 

(10) days in advance of each change of location. 

6. Permit shield. 

A. Express permit statement required. Part 70 operating permits shall 

include express provisions stating that compliance with the conditions of the permit shall 

be deemed compliance with all applicable 

requirements as of the date of permit 

issuance, provided that-

(I) The applicable requirements are 

included and specifically identified in the 

permit; or 

(II) The permitting authority, in 

acting on the permit revision or permit application, determines in writing that other 

requirements, as specifically identified in the 

permit, are not applicable to the installation 

and the pennit expressly includes that determination or a concise summary of it. 

ROBIN CARNAHAN 

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red prior 

to, or was existing at, the time of permit 

issuance; 

(III) The applicable requirements 

of the acid rain program; 

(IV) The administrator's authority 

to obtain information; or 

(V) Any other permit or extra-permit provisions, terms or conditions expressly 

excluded from the permit shield provisions of 

this rule. 

7. Emergency provisions. 

A. Defmition. For the purposes of a 

part 70 operating permit, an emergency or 

upset means any condition arising from sudden and not reasonably fureseeable events 

beyond the control of the permittee, including 

acts of God, which require immediate corrective action to restore normal operation and 

that causes the installation to exceed a technology-based emission limitation under the 

permit due to unavoidable increases in emissions attributable to the emergency or upset. 

An emergency or upset shall not include noncompliance caused by improperly designed 

equipment, lack of preventive maintenance, 

careless or improper operation, or operator 

error. 

B. Affirmative defense requirements. 

The permitting authority shall include in each 

permit a provision stating that an emergency 

or upset constitutes an affirmative defense to 

an enforcement action brought for noncompliance with technology-based emissions limitations. To establish an emergency- or upsetbased defense, the permittee must 

demonstrate, through properly signed, contemporaneous operating logs or other relevant 

evidence, the following: 

(I) An emergency or upset occurred 

and the permittee can identify the source of 

the emergency or upset; 

(II) The installation was being 

operated properly; 

(IIl) The permittee took all reasonable steps to minimize emissions that exceeded technology-based emissions limitations or 

the requirements in the pennit; and 

(IV) The pennittee submitted 

notice of the emergency to the permitting 

authority within two (2) working days of the 

time when emission limitations were exceeded due to the emergency. This notice must 

contain a description of the emergency, any 

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the permitted installation described in subparagraph (6)(C)8.A. of this rule if the 

changes are not Title I modification and the 

changes do not cause emissions to exceed 

emissions allowable under the permit, and the 

changes do not result in the emission of any 

air contaminant not previously emitted. The 

installation shall notify the permitting authority and the administrator at least seven (7) 

days in advance of these changes, except as 

allowed for emergency or upset conditions. 

Emissions allowable under the permit means 

a federally-enforceable permit term or condition determined at issuance to be required by 

an applicable requirement that establishes an 

emissions limit (including a work practice 

standard) or a federany enforceable emissions cap that the source has assumed to 

avoid an applicable requirement to which the 

source would otherwise be subject. 

A. Section 502(b)(10) changes. 

Changes that, under section 502(bX10) of the 

Act, contravene an express permit term may 

be made without a permit revision, except for 

changes that would violate applicable requirements of the Act or contravene federallyenforceable monitoring (including test methods), record-keeping, reporting, or 

compliance requirements of the permit. 

(I) . Before making a change under 

this provision, the permittee shall provide 

advance written notice to the permitting 

authority and to the administrator, describing 

the change to be made, the date on which the 

change will occur, any changes in emissions, 

and any permit terms and conditions that are 

affected. The permittee shall maintain a copy 

of the notice with the permit, and the permitting authority shall place a copy with the permit in the public file. Written notice shall be 

provided to the administrator and the permitting authority at least seven (7) days before 

the change is to be made. If less than seven 

(7) days' notice is provided because of a need 

to respond more quickly to these unanticipated conditions, the permittee shall provide 

notice to the administrator and the permitting 

authority as soon as possible after learning of 

the need to make the change. 

(II) The permit shield shall not 

apply to these changes. 

B. SIP-based emissions trading 

changes. Changes associated with trading 

emissions increases and decreases within a 

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the trade and shall state when the change will 

occur, the types and quantities of emissions to 

be traded, the permit terms or other applicable requirements with which the source will 

comply through emissions trading and any 

other information as may be required by the 

applicable requirement authorizing the emissions trade. 

(II) The permit shield shall not 

apply to these changes. Compliance will be 

assessed according to the terms of the implementation plan authorizing the trade. 

C. Emissions cap-based changes. 

Changes associated with the trading of emissions increases and decreases within a permitted installation may be made without a 

permit revision if this trading is solely for the 

purpose of complying with the federallyenforceable emissions cap that was established in the permit at the applicant's request, 

independent of otherwise applicable requirements. For these changes, the advance written notice provided by the permittee shall 

identify the underlying authority authorizing 

the emissions trade and shall state when the 

change will occur, the types and quantities of 

emissions to be traded, the permit terms or 

other applicable requirements with which the 

source will comply through emissions trading, and any other information as may be 

required by the applicable requirement authorizing the emissions trade. The permit shield 

does apply to these changes. 

9. Off-permit changes. Except as provided in subparagraph (6)(C)9.A. in this rule, 

a part 70 permitted installation may make any 

change in its permitted installation's operations, activities, or emissions that is not 

addressed in, constrained by or prohibited by 

the permit withOut obtaining a permit revision. Insignificant activities listed in the permit, but not otherwise addressed in or prohibited by the permit, shall not be considered 

to be constrained by the permit for purposes 

of the off-permit provisions of this section. 

Off-permit changes shall be subject to the following requirements and restrictions: 

A. Compliance with applicable 

requirements. The change must meet all 

applicable requirements of the Act and may 

not violate any existing permit term or condition; no permittee may change a permitted 

installation without a permit revision, even if 

the change is not addressed in or constrained 

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required for changes that are insignificant 

activities under paragraph (6)(B)3. of this 

rule. This written notice shall describe each 

change, including the date, any change in 

emissions, pollutants emitted, and any applicable requirement that would apply as a result 

of the change. 

C. Record of changes. The permittee 

shall keep a record describing all changes 

made at the installation that result in emissions of a regulated air pollutant subject to an 

applicable requirement and the emissions 

resulting from these changes; and 

D. Permit shield not applicable. The 

permit shield shall not apply to these 

changes. 

(D) Unified Review. When the construction or modification and operation of any 

installation requires a construction permit 

under lO CSR 10-6.060, and an operating 

permit or its amendment under this rule, the 

installation shall receive a unified construction and operating permit or its amendments, 

review, hearing and approval process, unless 

the applicant requests in writing that the construction and operating permit, or its amendment application be reviewed separately. 

Under this unified review process, the applicant shall submit all the applications, forms, 

and other information required by the permitting authority. 

1. Review of applications. The permitting authority shall complete any umfied 

review within one hundred eighty-four (184) 

days, as provided under the procedures of this 

rule and 10 CSR 10-6.060 Construction Permits Required. 

2. Issuance of permits. As soon as the 

unified review process is completed, if the 

applicant complies with all applicable 

requirements under this rule and 10 CSR 10-

6.060, the construction permit and the operating permit or its amendment shall be issued 

to the applicant and the applicant may commence construction. The operating permit or 

its amendment shall be retained by the permitting authority until validated pursuant to 

this subsection (6)(D). 

3. Validation of operating permits. Within one hundred and eighty (180) days after 

commencing operation, the bolder of an 

operating permit or its amendment issued by 

the unified review processing shall submit to 

the permitting authority all information 

CODE OF STATE REGULATIONS 

request for validation, the permitting authority will take action denying or approving validation of the issued operating permit or its 

amendment. If the permittee demonstrates 

compliance with both the construction and 

operating permits, and all of the requirements 

for permit issuance in subsection (6)(E) of 

this rule have been met, the permitting 

authority shall validate the operating permit 

and forward it to the permittee. No part 70 

permit will be validated unlessA. At the time of validation, the permitting authority certifies that the issued permit contains all applicable requirements; or 

B. The procedures for permit renewal 

in paragraph (6)(E)3. have occurred prior to 

validation to insure the inclusion of any new 

applicable requirements to which the part 70 

permit is subject. 

(E) Permit Issuance, Renewal, Reopenings, 

and Revisions. 

1. Action on application. 

A. General requirements. A part 70 

operating permit, permit modification, or 

permit renewal may be issued only if a11· of 

the following conditions have been met: 

(I) Except for a general permit 

authorization, the permitting authority has 

received a complete application for a permit, 

permit 

modification, or permit renewal; 

(II) Except for permit modifications qualifying for minor permit modification procedures, the permitting authority has 

complied with the requirements for public 

participation; 

(Ill) The permitting authority has 

complied with the requirements for notifying 

and responding to affected states; 

(IV) The permitting authority finds 

that the conditions of the permit provide for 

compliaoce with all applicable requirements 

and the requirements of the Act and the 

requirements of this rule; and 

(V) The administrator bas received 

a copy of the draft permit and any notices 

required, and has not objected to issuance of 

the permit under 40 CFR 70.8(c) within the 

time specified therein. 

B. Completeness determination. 

After receipt of an application, the permitting authority promptly shall provide notice 

to the applicant of whether the application is 

complete. Unless the permitting authority 

notifies the applicant that the application is 

(7/31/11) ROBIN CARNAHAN 

Secretary of State 
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plete in the first instance if the applicant submits a completed application form, together 

with the other items on the checklist. 

(II) No completeness determination 

shall be required for applications for minor 

permit modifications. 

C. Drafts for public comment. Following review of an application, the permitting authority shall issue a draft permit, draft 

permit modification, or draft permit renewal 

for public comment, in accordance with section (7). The draft shall be accompanied by a 

statement setting forth the legal and factual 

basis for the draft permit conditions (including references to applicable statutory or regulatory provisions). The permitting authority 

shall send this statement to the administrator, 

to affected states, and to the applicant and 

shall place a copy in the public file. 

D. Proposals for review. Following 

the end of the public comment period, the 

permitting authority shall prepare and submit 

to the administrator a draft permit, permit 

modification, or permit renewal. 

(I) The draft permit, modification, 

or renewal shall be issued no later than fortyfive (45) days preceding the deadline for final 

action under this section and shall contain all 

applicable requirements that have been promulgated and made applicable to the installation as of the date of issuance of the draft permit. 

<m If new requirements are promulgated or otherwise become newly applicable to the installation following the 

issuance of the draft permit but before 

issuance of a final permit (or in the case of 

unified review, before validation of an issued 

permit), the permitting authority may elect to 

either-

(a) Extend or reopen the public 

comment period to solicit comment on additional draft permit provisions to implement 

the new requirements; or 

(b) If the permitting authority 

determines that this extension or reopening of 

the public comment period would delay 

issuance of the permit unduly, the permitting 

authority may include in the permit a provision stating that the permit is reopened upon 

issuance or validation to incorporate the new 

requirements and stating that the new requirements are excluded from the protection of the 

permit shield. If the permitting authority 

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Secretary of State 

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need not be completed, before issuance of the 

final permit. · 

E. Action following the administrator's review. 

(I) Upon receipt of notice that the 

administrator will not object to a permit, permit modification, or permit renewal that has 

been submitted for the administrator's review 

pursuant to this section, the permitting 

authority shall issue the permit, permit modification, or permit renewal forthwith, but in 

no event later than the fifth day following 

receipt of the notice from the administrator. 

(II) Forty-five (45) days after receipt 

by the administrator of a draft permit, permit 

modification, or permit renewal for the administrator's review, and if the administrator has 

not notified the permitting authority that s/he 

objects to the permit action, the permitting 

authority shall promptly issue the permit, permit modification, or permit renewal, but in no 

event later than the fiftieth day following 

receipt by the administrator. 

(III) If the administrator objects to 

the permit, modification, or renewal, the permit shall not be issued and the permitting 

authority shall consult with the administrator 

and the applicant, and shall submit a revised 

proposal to the administrator within ninety 

(90) days after the date of the administrator's 

objection. If the permitting authority does not 

revise the permit, the permitting authority 

will inform the administrator within ninety 

(90) days following the date of the objection 

and decline to make those revisions. If the 

administrator disagrees with the permitting 

authority, the administrator may issue the 

permit with the revisions incorporated. 

F. Final actions. 

(I) Noninitial applications. Except 

as provided in this subsection (6)(E), the permitting authority shall take final action on 

each application for a part 70 operating permit within eighteen (18) months after receiving a complete application. Final action on 

each application for a significant permit modification or permit renewal shall be taken 

within six (6) months after receipt of a complete application. For each application, the 

permitting authority shall submit a draft permit, modification, or renewal to the administrator no later than forty-five (45) days before 

the deadline for final action established in 

this section. The permitting authority shall 

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be acted upon according to that registry. 

G. Order for acting on applications. 

To the extent feasible, applications shall be 

acted upon in the order received, except 

that-

(1) Priority shall be given to taking 

fina1 action on applications for construction 

or permit modification under Title I, Parts C 

and D of the Act and to applications for general permits. To the extent feasible, final 

action on these applications shall be taken 

within six (6) months following receipt of a 

complete application; 

<m For processing purposes, the 

permitting authority may group together 

applications addressing similar installations; 

and 

(III) The permitting authority may 

give expedited treatment to simple applications that do not require significant review 

(for example, permits incorporating few or no 

substantive regulatory requirements). 

.2. Application shield. 

A. Protection for not having a permit. 

If an installation subject to the requirement to 

obtain a permit under this section submits a 

timely and complete application for permit 

issuance or renewal, that installation's failure 

to have an issued permit shall not be a violation of the requirement to have the permit 

until the permitting authority takes fmal 

action on the application. This application 

protection shall cease to apply if, subsequent 

to a completeness determination, the applicant fails to submit, by the deadline specified 

in writing by the permitting authority, any 

additional information identified as being reasonably required to process the application. 

B. Loss of protection. If an applicant 

files a timely application that the pennitting 

authority determines is not complete, or if 

the applicant loses the protection granted 

under this section as a result of the failure to 

provide additional information reasonably 

requested by the permitting authority within 

the time specified, the applicant is in violation of this section for failure to have an 

issued permit. 

C. Construction permits not affected. 

The submittal of a complete part 70 operating 

permit application shall not affect the 

requirement, where applicable, that an installation have a construction permit. 

3. Permit renewal and expiration. 

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proposed to be revised, supplemented, or 

deleted. 

B. Timely application. An installation's right to operate shall terminate upon 

the expiration of the permit, unless a complete permit renewal application is submitted 

at least six (6) months before the date of expiration, or unless the permitting authority 

takes final action approving an application for 

a permit renewal by the expiration date. 

C. Extension of expired permits. If a 

timely and complete application for a permit 

renewal is submitted, but the permitting 

authority fails to take final action to issue or 

deny the renewal permit before the end of the 

term of the previous permit, the previous permit shall not expire until the renewal permit 

is issued or denied. Any permit shield granted under the previous permit shall continue in 

effect during this period of time. However, 

the administrator may invoke its authority 

under section 505(e) of the Act to terminate 

or revoke and reissue the permit. 

4. Administrative permit amendments. 

A. Definition. An administrative permit amendment is a permit revision that-

(1) Corrects typographical errors; 

(II) Identifies a change in the name, 

address, or phone number of any person identified in the permit, or provides a similar 

minor administrative change at the installation; 

(III) Requires more frequent monitoring or reporting by the permittee; 

(IV) Allows for a change in ownership or operational control of an installation 

where no other change in the permit is necessary, provided that a written agreement 

containing a specific date for transfer of permit responsibility, coverage, and liability 

between the current and new permittee must 

be submitted to the permitting authority; 

(V) Incorporates in the part 70 

operating permit the requirements of a unified construction permit issued by the permitting authority. 

B. Acid rain provisions. For purposes 

of any acid rain portion of a part 70 operating 

permit, administrative permit amendments 

shall be governed by rules promulgated under 

Title IV of the Act. 

C. Procedures. An administrative permit amendment shall be made by the permit84 

affected states, if any of the permit revisions 

are designated as having been made pursuant 

to this paragraph (6)(E)4.; 

(II) The permitting authority shall 

transmit a copy of the amended permit to the 

administrator; and 

(Ill) An installation may implement 

the changes addressed in a request for an 

administrative permit amendment immediately upon submittal of the request. 

D. Permit shield applicable. The permitting authority, upon taking final action 

granting a request for an administrative permit amendment, shall allow coverage by the 

permit shield. 

5. Permit modifications. 

A. Definition. A permit modification 

is any revision to a part 70 operating permit 

which is not an administrative amendment 

under paragraph (6)(E)4. of this rule. A permit modification for the purposes of the acid 

rain portion of the permit shall be governed 

by regulations promulgated under Title IV of 

the Act. 

B. -Minor pennit modification. 

(I) Criteria. 

(a) Minor permit modifications 

involve changes to an installation that do 

notI. Violate any applicable requirement; 

II. Involve significant changes 

to monitoring, reporting, or record-keeping 

requirements in the permit; 

III. Require or change any 

case-by-case or source-specific determination 

contained in the permit, or a source-specific 

determination for temporary sources of ambient impacts, or a visibility or increment analysis; 

IV. Establish or change a permit term for which there is no corresponding 

underlying applicable requirement and which 

the source has assumed in order to avoid an 

applicable requirement to which it would otherwise be subject, such as a federallyenforceable emissions cap voluntarily agreed 

to in order to avoid classification as a Title I 

modification or an alternative emissions limit 

approved pursuant to 112(i)(5) of the Act; 

V. Constitute a Title I modification; and 

VI. Constitute a significant 

permit modification. 

CODE OF STATE REGULATIONS 

are explicitly provided for in an applicable 

implementation plan or in applicable requirements promulgated by EPA. 

(II) Procedures. 

(a) The applicant should complete a minor permit modification fonn application which is consistent with the requirements of this section (6), and which includes 

at least the following information: 

I. A description of the proposed change, the resulting emissions, and 

any new applicable requirements; 

II. The applicant's draft modified pennit; III. Certification by a responsible official consistent with paragraph 

(6)(8)4. of this rule, that the proposed modification meets the criteria for use of minor 

permit modification procedures; and 

IV. Completed forms to enable the pennitting authority to notify the 

administrator and affected states. 

(b) The permitting authority will 

notify the administrator and affected states 

within five (5) days after receipt of the application. 

(c) Public participation requirements are not applicable to minor permit 

modifications. 

(d) Within thirty (30) days after 

receiving the minor permit modification 

application, the permitting authority will 

notify the applicant whether the application is 

deemed complete or if further information is 

needed to deem it so. 

(e) Within ninety (90) days after 

receiving the minor permit modification 

application, or fifteen (15) days after the end 

of the administrator's forty-five (45)-day 

review period, whichever is later, the permitting authority shall1. Issue the permit modification as proposed; 

II. Deny the permit modification; 

III. Determine that the 

requested change is a significant permit modification that should be reviewed as such; or 

IV. Revise the draft modified 

permit and notify the applicant and the 

administrator by providing a written copy of 

the proposed intended changes, a written 

statement of the factual and legal reasons for 

the changes, and notice of the rights of the 

(7/31/11) ROBIN CARNAHAN 

Secretary of State 
specified in this section (6), the applicant 

must comply with both the applicable 

requirements governing the change and the 

proposed modified permit terms and conditions. During this time period, the installation 

need not comply with the existing permit 

terms and conditions the applicant is seeking 

to modify. However, if the applicant fails to 

comply with the proposed modified permit 

terms and conditions during this time period, 

the existing permit terms and conditions 

which the applicant is seeking to modify may 

be enforced against the installation. 

(III) Permit shield not applicable. 

The permit shield does not apply to minor 

permit modifications. 

(IV) Public notice. The permitting 

authority shall provide public notice of a 

change proposed in a minor permit modification application when it determines that the 

proposed change is of sufficient consequence 

that the public may have an interest in being 

informed. The procedures for the public 

notice shall be as follows: 

(a) Notice shall be given by publication in a newspaper of general circulation 

in the area where the installation is located or 

in a state publication designed to give general public notice, and to persons on a mailing 

list developed by the permitting authority, 

including those who request in writing to be 

on the list; 

(b) The notice shall identify: the 

installation; the name and address of the permittee; the name and address of the permitting authority; the activity(ies) involved in the 

permit action; any emissions change involved 

in the proposed minor permit modification; 

the name, address, and telephone number of 

a person from whom interested persons may 

obtain additional information, including 

copies of the draft permit, the application, all 

relevant supporting materials, and all other 

materials available to the permitting authority 

that are relevant to the permit decision; and 

(c) The permitting authority 

shall provide public notice, as provided in 

this section, promptly upon receipt of the 

source's minor permit modification application; however, the timing and content_ of this 

notice shall not be grounds fur a challenge to 

the permitting authority's fmal action. 

C. Group processing of minor permit 

modifications. Pursuant to this paragraph 

RoBIN CARNAHAN 

Secretary of Stilt& 

(7/31/11) 

(a) Meet the criteria for minor 

permit modification procedures under this 

section; and 

(b) Collectively are below the 

following threshold level: ten percent (10%) 

of the emissions allowed by the permit fur the 

emissions unit for which the change is proposed; twenty percent (20%) of the applicable definition of a part 70 installation; or five 

(5) tons per year, whichever is least. 

(II) Applications. An application 

requesting the use of group processing procedures shall meet the requirements of this subparagraph and shall include the following: 

(a) A description of the change, 

the emissions resulting from the change and 

any new applicable requirements that will 

apply if the change occurs; 

(b) The applicant's draft modified permit; 

(c) Certification by a responsible 

official, consistent with this section, that the 

proposed modification meets the criteria for 

use of group processing procedures and a 

request that these procedures be used; 

(d) A list of the installation's 

other pending applications awaiting group 

processing and a determination of whether 

the requested modification, aggregated with 

these other applications, equals or exceeds 

the threshold established under this section 

(6); 

(e) Certification, consistent with 

this section (6), that the applicant has notified 

the administrator of the proposed modification. This notification need only contain a 

brief description of the proposed modification; and 

(t) Completed furms for the permitting authority to use to notify the administrator and affected states. 

(III) Administrator and affected 

state notification. On a quarterly basis or 

within five (5) business days after receipt of 

an application demonstrating that the aggregate of an installation's pending applications 

equals or exceeds the threshold level established under this section, whichever is earlier, the permitting authority promptly, in 

accordance with section (7) of this rule, shall 

notify the administrator and affected states of 

the proposed permit modifications. The permitting authority shall send any notice 

required to the administrator. 

CODE OF STATE REGULATIONS 

y

d o

the administrator

s forty

five (45)-day review period, whichever is 

later. 

(V) Installation's ability to make 

change. The provisions of this subpart 

(6)(E)5.B.(II)(f) shall apply to modifications 

eligible for group processing. 

(VI) Pennit sh1eld not applicable. 

The provisions of part (6)(E)5.B.(III) shall 

apply to modifications eligible for group processing. 

(VII) Public notice. The provisions 

of this part (6)(E)5 .B.(IV) shall apply to 

modifications eligible for group processing. 

D. Significant permit modifications. 

(I) Definition. Arr:t permit revision 

which is not a minor modification or administrative pennit amendment is a significant 

permit modification. This revision includes, 

but is not limited to, significant changes in 

monitoring, reporting, or record keeping permit terms and any change in the 

method of 

measuring compliance with existing permit 

requirements. Criteria for determining 

whether a proposed change is significant 

shall include the magnitude of the change and 

the resulting impact on the environment. 

(II) Procedures. 

(a) An applicant for a significant 

permit modification shall adhere to all the 

relevant requirements for an initial pennit 

application under section (6) of this rule, as 

well as requirements for public participation 

under section (7), and review by the administrator and affected states under subsection 

(6)(F) except1. The applicant should use the 

form for a significant permit modification 

application, rather than the form for an initial 

permit issuance; and 

II. The permitting authority 

will complete review of significant permit 

modification applications within nine (9) 

months after receipt of an application. 

6. Reopening permits for cause. 

A. Cause to reopen. A part 70 operating permit shall be reopened for cause if-

(1) The permitting authority 

receives notice from the administrator that 

the administrator has granted a petition for 

disapproval of a permit pursuant to 40 CFR 

70.8(d), provided that the reopening may be 

stayed pending judicial review of that determination; 

85 
installation; however, reopening on this 

ground is not required if-

(a) The permit has a remaining 

term of less than three (3) years; 

(b) The effective date of the 

requirement is later than the date on which 

the permit is due to expire; or 

(c) The additional applicable 

requirements are implemented in a general 

permit that is applicable to the installation 

and the installation receives authorization for 

coverage under that general permit; 

(IV) The installation is an affected 

source under the acid rain program and additional requirements (including excess emissions requirements) become applicable to that 

source, provided that, upon approval by the 

administrator, excess emissions offset plans 

shall be deemed to be incorporated into the 

permit; or 

(V) The permitting authority or the 

administrator determines that the permit must 

be reopened and revised to assure compliance 

with applicable requirements. 

B. Notice to the permittee. If the permitting authority fmds reason to believe that 

a permit should be reopened for cause, it 

shall provide at least thirty (30) day's prior 

written notice to the· permittee, except the 

notice period may be less if the permitting 

authority fmds that an emergency exists. 

(0 This notice shall include a statement of the terms and conditions that the permitting authority proposes to change, delete, 

or add to the permit. If the permitting authority does not have sufficient information to 

determine the terms and conditions that must 

be changed, deleted, or added to the permit, 

·the notice shall request the permittee to provide that information within a period of time 

specified in the notice, which shall be not less 

than thirty (30) days except in the case of an 

emergency. 

(II) If the proposed reopening is 

pursuant to subparagraph (6)(E)6.A. of this 

rule, the permitting authority shall give the 

permittee an opportunity to provide evidence 

that the permit should not be reopened. 

C. Procedures for reissuance. In reissuing the permit, the permitting authority 

shall follow the procedures established under 

subsection (6)(E). The permittee shall in all 

cases be afforded an opportunity to comment 

on the revised permit terms. 

86 

permit pending issuance of a revised permit, 

unless the permitting authority specifically 

suspends the permit shield on the basis of a 

finding that this suspension is necessary to 

implement applicable requirements. If this 

fmding applies only to certain applicable 

requirements or to certain permit terms, the 

suspension sbail extend only to those requirements or terms. 

F. Deadline for completion. Any 

reopening and reissuance proceeding shall be 

completed within eighteen (18) months after 

promulgation of the applicable requirements. 

7. Reopening permits for cause by the 

administrator. 

A. Notice of cause. If the permitting 

authority receives notice from the administrator that the administrator has found cause to 

revoke, modify, or reopen and reissue a part 

70 operating permit, the permitting authority, 

within ten (10) days after receipt of this notification, shall provide notice to the pertnittee. 

The notice to the permittee shall include a 

copy of the notice from the administrator and 

invite the permittee to comment in writing on 

the proposed action. 

B. Proposed permitting authority 

response. Within ninety (90) days following 

receipt of the notification from the administrator, the permitting authority shall issue and 

forward to the administrator a proposed 

determination in response to the administrator's notification. The permitting authority 

may request an additional ninety (90) days for 

this submission if this time is required to 

obtain a new or revised permit application or 

other information from the permittee. 

C. Comment by the administrator. 

The permitting authority shall address any 

further comment or objection from the 

administrator on the permitting authority's 

response to the administrator notification 

pursuant to this section. 

8. Revocations and terminations. 

A. Cause for revocation. The permitting authority may revoke a part 70 operating 

permit only upon request of the permittee or 

for cause. For purposes of this section, cause 

for revocation exists if-

(0 There is a pattern of unresolved 

and repeated noncompliance with the terms 

and conditions of the permit and the permittee has refused to take appropriate action 

CODE OF STATE REGULATIONS 

that the permitted installation or activity 

endangers public health, safety, or the envirorunent, and that the danger cannot be 

removed by a modification of the terms of the 

permit; or 

(IV) The permittee has failed to pay 

a civil or criminal penalty imposed for violations of the permit. 

B. Notice to permittee. Upon fmding 

that cause exists for the revocation of a permit, the permitting authority shall notify the 

permittee of that fmding in writing, stating 

the reasons for the proposed revocation. 

Within thirty (30) days following receipt of 

the notice, the permittee may submit written 

comments concerning the proposed revocation. If the permitting authority after that 

makes a final determination to revoke the permit, it shall provide a written notice to the 

permittee specifying the reasons for the decision and the effective date of the revocation. 

C. Conditional revocation. A permit 

revocation issued under this section may be 

issued conditionally, with a future effective 

date, and may specify that the revocation will 

not take effect if the permittee satisfies the 

specified conditions before the effective date. 

D. Application for termination. A 

permittee may apply at any time for termination of all or a portion of its part 70 operating permit relating solely to operations, activities, and emissions that have been 

permanently discontinued at the permitted 

installation. An application for termination 

shall identify with specificity the permit or 

permit terms that relate to the discontinued 

operations, activities, and emissions. The 

permitting authority shall act on an application for termination on this ground within 

ninety (90) days after receipt, and shall grant 

the application for termination upon finding 

that the permit terms for which termination is 

sought relate solely to operations, activities, 

and emissions that have been permanently 

discontinued. In terminating all or portions of 

a permit pursuant to this subsection, the permitting authority may make appropriate 

orders for the submission of a final report or 

other information from the permittee to verify the complete discontinuation of the relevant operations, activities, and emissions. 

E. Application for termination based 

on general permit. A permittee may apply for 

termination of its permit on the ground that 

(7/31/11) ROBIN CARNAHAN 

Secretary of State 
p

emissions are fully covered by a general permit. 

F. Application for new permit. An 

installation that has received a final revocation or termination of its pennit may apply 

for a new permit. 

9. Case-by-case determinations. If applicable requirements require the permitting 

authority to make a case-by-case determination of an emission limitation, technology 

requirement, work practice standard, or other 

requirement for an installation, and to include 

terms and conditions implementing that 

determination in the installation's part 70 

operating permit, the installation shall 

include in its permit application a proposed 

determination, together with the data and other information upon which the determination is to be based, and proposed terms and 

conditions to implement the determination. 

Upon receipt of a request from the applicant, 

the permitting authority shall meet with the 

applicant before the permit application is submitted to discuss the determination and the 

infonnation required to make it. In the event 

the permitting authority determines that the 

applicant's proposed determination and 

implementing terms and conditions should be 

revised in the draft permit or the final permit, 

the permitting authority shall in all cases 

inform the applicant of the changes to be 

made, and allow the applicant to comment on 

those changes before issuing the draft permit 

or final permit. 

10. Public participation. The procedures 

of section (7) of this rule shall be followed. 

11. Judicial review. Any final action in 

granting or denying an application for a permit, permit amendment, or modification or 

permit renewal shall be subject to Missouri 

Air Conservation Commission review as provided in 643.078 and 643.130, RSMo upon 

an appeal filed by the applicant or permittee, or by any affected state or other person who 

participated in the public comment process. 

If no public comment procedure was 

employed for the action under challenge, an 

application for review may be filed by the 

permittee or an affected state. The opportunity for judicial review provided for in this subsection shall be the exclusive means for 

obtaining judicial review of any permit 

action. 

A. Deadline for filing. No application 

RoBIN CARNAHAN 

Secretary of state 

(7/31/11) 

g g

B. Scope of review. Any application 

for judicial review shall be limited to issues 

that-

(1) Were raised in written comments filed with the permitting authority or 

during a public hearing on the proposed permit action (if the grounds on which review is 

sought were known at that time), except that 

this restriction shall not apply if the person 

seeking review was not afforded an advance 

opportunity to comment on the challenged 

action; and 

(II) Are germane and material to 

the permit action at issue. 

C. Deadline for final action. For purposes of this section (6), final action shall 

include a failure by the permitting authority 

to take fmal action to issue or deny an application within the time specified in these regulations. 

(F) Pennit Review by the Administrator 

and Affected States. 

1. Administrator review. 

A. Copies of applications, proposals, 

and final actions. The applicant will provide 

two (2) copies of the infonnation included in 

an application under this section. The permitting authority will forward to the administrator one (1) copy of each permit application, including application for permit 

modification, request for validation, application for permit renewal, draft permit, and 

each final operating permit, modified pennit, 

and permit renewal. 

B. Administrator's objection. No permit shall be issued or validated under this 

section if the administrator objects to its 

issuance in writing within forty-five (45) days 

after receipt of the draft permit, modified 

permit, or permit renewal and all necessary 

supporting information. 

C. Failure to respond to objection. If 

the permitting authority does not respond to 

an objection of the administrator by transmitting a revised draft permit, modified permit, 

or renewal permit within ninety (90) days 

after receipt of such objection, the administrator may issue or deny the pennit, modified 

permit, or permit renewal in accordance with 

the Act. 

D. Public petitions for objection. If 

the administrator does not object to a proposed permit action, any person may petition 

the administrator to make an objection withCODE OF STATE REGULATIONS 

g 

p

p

(

g 

when the grounds for objection arose after 

that period). 

(II) If the administrator responds to 

a petition filed under this section by issuing 

an objection, the permitting authority will not 

issue the pennit until the objection has been 

resolved. If the permit was issued after the 

administrator's forty-five (45)-day review 

period, and prior to any objection by the 

administrator, the pennitting authority shall 

treat that objection as if the administrator 

were reopening the permit for cause. In these 

circumstances, the petition to the administrator does not stay the effectiveness of the 

issued permit, and the permittee shall not be 

in violation of the requirement to have submitted a complete and timely permit application. 

2. Affected state review. 

A. Notice of draft actions. The permitting authority will give notice of each 

draft pennit, modified permit, and renewed 

permit to any affected state on or before the 

time that the permitting authority provides 

notice to the public, except in the case of 

minor permit modifications. Affected states may comment on the draft permit action during the period allowed for public comment, 

as shall be set forth in a notice to affected 

states. 

B. Refusal to accept recommendations. If the permitting authority refuses to 

accept all recommendations for a proposed 

permit action that any affected state has submitted during the review period, the permitting authority shall notify the administrator 

and the affected state in writing of its reasons 

for not accepting the recommendations. (7) Public Participation. Except for proposed 

modifications qualifying for the minor permit 

modification procedures, all permit proceedings, including initial permit issuance, significant permit modifications, and permit 

renewals, shall be conducted in accordance 

with the procedures for public participation 

in this section (7). 

(A) Drafts for Public Comment and Public 

Notice. After receipt of an application for a 

permit, significant permit modification, or 

permit renewal, and no later than sixty (60) 

days before the deadline for issuance of a permit, significant permit modification, or permit renewal for the administrator's review, 

87 
is located a public file containing copies of all 

materials that the applicant has submitted 

other than those granted confidential treatment, copies of the preliminary determination and draft permit, modified permit, or 

permit renewal, and a copy or summary of 

other materials, if any, considered in making 

the preliminary permit determination; or 

B. State publication or web site 

designed to give general public notice details 

of the proposed action or publishing in at 

least one (1) newspaper of general circulation in the area in which the installation is located, a notice of the application, the preliminary permit determination, the location of the 

public file, the procedures for submitting 

written comments and for requesting a public 

hearing, and the date, time, and location for 

a public hearing if one is to be held. 

2. Copies of the notice required shall be 

sent to the applicant and to the representatives of affected states designated by those 

states to receive the notices. 

(B) Public Notice. The public notice shall 

establish a period of not less than thirty (30) 

days following publication of the notice for 

the submission of written comments, and 

shall identify the affected installation, the 

name and address of the applicant or permittee, the name and address of a permitting 

authority representative with responsibility 

for the permitting action, the activity(ies) 

involved in the permit action, the emissions 

change involved in any permit modification 

and the location of the public file. 

(C) Public Hearing OppOrtllllity. The permitting authority shall hold an informal public hearing on the draft permit, modified permit, or permit renewal if1. A timely request is made for such a 

hearing during the public comment period; 

and 

2. The person requesting the bearing 

identifies material issues concerning the preliminary permit determination and the permitting authority determines that a public 

hearing will be useful in resolving those 

issues. 

(D) Time of Public Hearing. Any public 

hearing held under this section shall be held 

no earlier than the thirty-first day following 

publication of the public notice and no later 

than the thirtieth day preceding the deadline 

B8 

limitations, including time restrictions. 

(F) Applicant's Opportunity to Respond to 

Comments. The applicant shall be afforded 

an opportunity to submit, within ten (10) days 

following the close of the public comment 

period or the public hearing, whichever is 

later, a response to any comments made. 

(G) Consideration of Comments Received. 

The permitting authority shall consider all 

comments submitted by the applicant, the 

public, and affected states in reaching its fmal 

determination and issuing the proposed permit, modified permit, or permit renewal for 

the administrator's review. The permitting 

authority shall maintain a list of all commenters and a summary of the issues raised 

and shall make that information available in 

the public file and supply it to the administrator upon request. 

(H) Written Response to Comments. At the 

time a draft permit, modified permit, or permit renewal is proposed for the administrator's review, the permitting authority shall 

issue a written response to all comments submitted by affected states and all significant 

comments submitted by the applicant and the 

public. Copies of this written response shall 

be provided to the administrator, affected 

states, and the applicant and a copy shall be 

placed in the public file. 

AUTHORITY: section 643.050, RSMo 

2000. * Original rule filed Sept. 2, I993, 

effective May 9, 1994. Amended: Filed June 

5, 1995, effective Jan. 30, 1996. Amended: 

Filed Oct. 3, 1995, effective June 30, 1996. 

Amended: Filed Aug. 14, I997, effective April 30, 1998. Amended: Filed Sept. 22, 

1999, effective May 30, 2000. Amended: 

Filed Sept. 4, 2001, effective May 30, 2002. 

Amended: Filed July 19, 2002, effective April 

30, 2003. Amended: Filed March 5, 2003, 

effective Oct. 30, 2003. Amended: Filed Dec. 

14, 2004, effective Sept. 30, 2005. Emergency• amendment filed Dec. I5, 2010, effective 

Jan. 3, 20ll, expired July I, 2011. Amended: 

Filed Nov. 30, 2010, effective Aug. 30, 2011. 

•Original autlwrity: 643.050, RSMo 1965, amended 1972, 

1992, 1993, 1995. 

(1) Applicability. 

(A) The provisions of 40 CPR p 

mulgated as of June 30, 2 9, Federal 

Register Notices 74 FR 5 8 and 74 FR 

51977 promulgated from J 1, 2009, 

through December 31, 2009 all apply and 

are hereby incorporated by ference in this 

rule, as published by the Of of the Federal Register, U.S. Natio 

Records, 700 Pennsyl ia Avenue NW, 

Washington, DC 20408 This rule does not 

incorporate any subse ent endments or 

additioils. 

(B) Exceptions to e adopt -n are as follows: 

inerators which are subject o Hazste Management Commissi rule 

64, subpart 0 as incorporated · 10 

.264 shall not be subjected to e 

require ents of this rule. The exemptio 

granted er 40 CFR 264.340(b) as incorporated m 10 CSR 25-7.264 are subject to 

this rule. All other applicable requirements of 

(7/31/11) ROBIN CARNAHAN 

Secretary of State 
10 CSR 10-6.060 (amendment) Construction Permits Required is hereby 

AMENDED by the Missouri Air Conservation Commission this 28th day of April, 

2011 . 

_.,/c...~....;;......E:;.qL..'/0_ 

.!!/ 

..... -J4C........l~rr-' 

~ 

________ , Chairman 

f)J/@jl/Jt!OJI!ll/t , Vice-chairman 

}{Jtk~{~ ,Member 

-::-i~~o"""""rl~

___._C'"""'""~ -=-13 ....... cr..,...5M"""'---J-=----·· Member 

~~~~~~.......,:-)'~Q~c-.~~~...,~====--' Member 

_ ___ _ _ ________ _______ ,Member ------------~---------

-•Member 
PUBLISHER'S AFFIDAVIT 

STATE OF MISSOURI,) 

)ss. 

COUNTY OF COLE) 

Mike Vivion being duly sworn, according to law, says he is Vice President of Central 

Missouri Newspapers, Inc., Publisher of the News Tribune, a newspaper printed and 

published in the County of Cole, and State aforesaid; that said newspaper has been 

published continuously for more than three years; and that the notice hereto attached was 

published in said paper in compliance with the provisions of Section 493.050 

R.S. of Mo. For 2000 as amended for 1 time as follows: 

1st insertion, No. 28th day of February 20 11 

znd insertion, No. ----.J ---- - day of , 20 __ _ 

3rd insertion, No. , day of , 20 ___ _ 

day of ___________ _ ,20 ___ _ 4th insertion, No. ----- , 20 ___ _ 

5 day of th insertion, No. '----- J}t;t // ~ 

Fee: $358.00 

""' 

Subscribed and sworn to before me this 1st 

day of March , 20 11 

/tJ/riJir!L l0iriLii0'1U/v1 

Notary Public, 

My term as Notary Public expires------------
ii . . '. MISSOURI AIR CONSERVATION ·- COMMISSION ~ · " ._.. WILL HOLD PUBUC HEARING ·. 

~E:;rERSOb ':'1 ~I{Y,, MO -- The Misso~:~ri Air Conserv~lon· Commission will o a pu IC neartl'lg on the st. Louis ozone nonattal m nt bl 

iavailable control technology (RACT) rules and RACT ~e~~e: reaso~a t ~i 

~'!t~r=~ouse gas ~mitt ng rules; the hospital, medical ~~om~~~~~~ 

1

2011. The ~S:,~ r~~ and ~rB! conformity rule on Thursday, March 3t,j 

Center 1730 East El ng begin at 9 a.m. at the Elm Street Conference~ 

,

Room ' Jefferson C/1 ~· Street, Lower Level, Bennett Springs Confel'l>nce 

to 1 ' y, •ssouri. The commission Will he~ testimony f'8f1Jttld'l .

orlg~~a~f~ro::~~J~mds~. Note that all but the last two rollowing items werei 

I

• canceled due to ~c~em:~ !e~~~~uary 3, 2011 public hearing that was.

1 · S*urfato CSCoatiR ~O.S 330 (~ndmeni) Control ot Emissions from Industrial 

I 

. ce ng perabons 

Thrs proposed amendment will exempt facilities that are regulated underi 

other rules that 11f!1lt emissions of volatile organic compounds and in-: 

!

corporate c~anges rn Reasonably Available Control Technology (RACT) for" 

surfa~e coat!ng operations In the St. Louis ozone nonattalnment area to bel ~onsrstent wrth the current federal RACT guidance documents. • 

10 CSR 10-5.340 (amendment) Control of Emissions from Rotogravure 

and Flexographic Printing Operations 

(

This proposed ameodm~ will add specific emission limits of volatile •. 

organic comp~nds for f!BXlble package printing operations in the st .. Louis 

ozone nonattammeot area. This will make the limits consistent with the 

,. current federal Reasonably Available Control Technology guidance doculments. 

" 10 CSR 10-5.442 (amendment) Control of Emissions from Uthographio 

Printing Operations · • 

This ~sed amendment Will add specific emission limits of volatile( 

organrc compounds for both offset lithographic and letterpress pnnting 

operations in the St. Lo1.1ls ozone nonattainment area. This will make the. 

limits consistent with the current federal Reasonably Available Control~ 

Technology guidance documents. The amendment will also remove deflni·' 

tlons that will now be found in 1 0 CSR 1 0·6.020. 

* 10 CSR 10-5.455 (amendment) Control of Emission from Sohrent Cleanup 

Operations ~ This proposed amendment will lower the allowable emlasions threshold f 

volatile organic compounds released per day from the use, storage and dis· . 

posal of Industrial cleaning solvents, add requirements for facilities that 

exceed the threshold, and incorporate changes to be consistent with the 

current federal Reasonably Available Control Technology guidance docu-! 

l

ments. This rule applies to the St. Louis ozone nonattalnment area. i 

* 10 CSR 1o-6.020 (amendment) Definitions and Common Reference Tables 

• This proposed amendment Will add all definitions currently found in Individual DMsion 10 air rules into the general definitions rule unless a specifIc reason exists for a definition to be unique to a specific nule. 

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

·This proposed amendment Incorporates federal permitting requirements 

that will cover new construction 'projects that emit 100,000 tons per year or 

more of greenhouse gases and clarifies rule text. 

* 1 0 CSR 1 0-8.065 (amendment) Operating Perrroits 

This proposed amendment incorporates federal permitting requirements for 

greenhouse gas emissions, removes definitions that will now be found in 

regulation .. 10 CSR 10-6.020, streamlines the public notice procedure to 

align with the Federal Register, and allows the flexibility to publish notices 

ontheweb. _ 

* 10 C$R -10-6.200 (amendment) Hospital, Medical, Infectious Wast ln1

1 

-,clnerators · 

I

Thrs proposed amendment Will update the state regulatory requirements fori 

emlssron limits, waste management plans, compliance and performance! ,testing, monitoring, e,nd reporting and record keeping to be consistent with 

the recent federal update to 40 CFR Part 60 and remove definitions that will 

now be found In 1 0 CSR 1 0-6.020. 

* 1 0 CSR to-6.300 (amendment) Conformity of General Federal Actions to 

State Implementation Plans 

This proposed amendment will update the state Q&neral confOrmity rule to 

comply with the recently revised federal general conformity rule publls~ 

In the April 5, 2010 edition of the Federal fleglster. Incorporating the latest •. 

federal regulations will ensure tha1 ali federal actions confon'n to the state's 

··implementation plan and will not cause or contribute to violations of the national ambient alr quality standards. 

'* Reasonably Available Control Technology (RACT) Demon~ration Update 

for the 1997 S-Hour Ozone Standard St. Louis Nonattainment Area 

The Clean-Air Act requires moderate ozone nonattalnment areas, such as ~ 

St. Louis, to submit a demonstration that current nutes fulfill RACT-under the; 

1997 6-hour ozone National Ambient Air Q1,1allty Standard (NAAQS) fori 

_volatile organic compounds for all Control Technique Guidelines (CTG)! 

'

categories and all major, non·CTG sources as a revision to their Statal 

Implementation Plan. This document updates the RACT demonstratloni 

!,submitted to the EPA in 2007 and certifies that current rules, including those! 

•proposed tor amendment, fulfill RACT requirements for the 1997 8"1lour1 

l

ozone NAAQS. ~ Documents for the above item(s) will be available for review at the MissouriJ 

Department of Natural Resources, Air Pollution Control Program, 1659 Elml •

•Street, .Jefferson City, (573) 751-4817 and in the Public Noticas section of• 

the program web site www.dnr.mo.gov/.env/apcp/index.html. This nforma·~. 

tion will be available at least 30 days prlor·to the public hearing date. I 

Persons with disabilities requiring special services or accommodations to~· 

atte'ld the ml?ating can make !lrrangements by calling thA Department 

directly at (573) 526-4679, the Department's toll free number at 

(800) 334-6946, or by writing two weeks In advance of the meeting to: Missouri Department of Natural Resources, Air Conaervatton Commlssionl c n .. ..,.l~n, Pf"l t:~.ro·( 17~ I.P!f;~~ n C!t1o ~'0 5510;!.. He: .. •iw.z lryu:•!ll• .. d per-. 
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BEFORE THE AIR CONSERVATION COMMISSION 

STATE OF MISSOURI 

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MISSOURI AIR CONSERVATION COMMISSION MEETING 

MEETING 

MARCH 31, 2011 

NATIONWID E Sc HEouu N G 

M ISSOURI :;p nyf.d d Je~~r.un Ci' ;· :: ans·.s Cit ; ..:o lu.TJi ~ l~a ..:ap<. Gl. ~au KANSA S u·.rl.•nd P·.rk ~I LI S ~prin~ri'· -' Hc AL C UARTE!-. s : 7 11 NoRTH ELEV ENT H STREET , Sr . Lou 1s, MISSO U RI 63101 

8 00.250 .3376 

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5 Commissioners are present: Mark Garnett, Gary 

6 Pendergrass, Ron Boyer, Jack Baker and David 

7 Zimmermann . 

8 Air Conservation Commission, the State 

9 of Missouri, has called this public hearing pursuant 

1 0 to Section 643. 070, Revised Statutes of Missouri, EPA 

11 promulgated Rule 40 CFR 51. 102, for the purpose of 

1 2 hearing testimony relating to 10 CSR 10-6.020 

13 (amendment), Definitions and Common Reference Tables; 

14 10 CSR 5.330 (amendment), Control of Emissions from 

15 Industrial Surface Coating Operations; 16 10 CSR 10-5.340 (amendment), Controll of Emissions 

17 from Rotogravure and Flexographic Printing 

18 Operations; 10 CSR 10-5.442 (amendment), Control of 19 Emissions from Lithographic Printing Operations; 

20 10 CSR 10-5.455 (amendment ) , Control of Emission from 21 Solvent Cleanup Operations; Reasonably Available ll 

Control Technology Demonstration Update for the 1997 

23 8-hour Ozone Standard St. Louis Nonattainment Area; 24 10 CSR 10-6.060 (amendment), Construction Permits 25 Required; 10 CSR 10-6.065 (amendment), Operating 

www .rnidwestlitigation.com 

l\liDWEST LITIGATION SERVICES 

Phone: 1.800.280.3376 Fax: 314.644.1334 
If the Commission adopts this RACT 

d emonstration update, it will be the department's 

7 intention t o submit t his d emonstration to the U.S. 

3 Environmental Pr otection Agency for inclusion in the ~ Missouri State Implementation Plan. 

) Commissi oners, this concludes my 

l testimony unless you have any questions. 

CHAIRMAN GARNETT: Joe, thanks. Paul 

3 Myers . 

1 (The witness was sworn. } 

J MR. MYERS: Good morning, Commissioners . 

5 My name is Paul Myers. I work as an environmental 

7 specialist with the Air Pollution Control Program 

8 located at 1659 East Elm Street in Jefferson Ci ty, 

9 Missouri . 

0 I 'm here today to present testimony on 

1 two rule amendments to comply with Federal 

2 Environmental Protection Agen cy regulations that 

3 require greenhouse gas permitting. These rules are 

4 10 CSR 10-6.060, Construction Permits Required, and 

5 10-6.065, Operating Permits. Since both rule 

w .midwestlitigation.com 

MIDWEST LITIGATION SERVICES 

Phone: 1.800.280.3376 Fax: 314.644.1334 
ing self-voi · g language in the Missouri rules, EGFORM encourages the Ai Pollution Control Program to tch federal developments close! and minimize the lag betwee federal changes and 

Missouri rule that reflect those changes. RE FORM recommends a 

savings clause o that the Missouri rules, s · alone, do not initiate constructi or operating permitting greenhouse gas sources 

if federal stati source green house ·gas (GHG) rules are no 

longer in effect r are altered. This 1 guage has to be carefully 

crafted so that · ssouri avoids unintend consequences. 

REGFORM su gested that the fall ing text be added to the end 

of the language in ubsection (8)(A): 

In the event tha all or any porti of 40 CFR 52.21(b)(49) or 

(b)(50)(iv)-(v) are clared or adjud ed to be invalid or stayed by a 

federal court whose j isdiction incl des Missouri, or are withdrawn, 

stayed, or otherwise ndered of n force and effect by the United 

States Environmental rotection gency, Congress, or Presidential 

Executive Order, such ction s render the term "regulated NSR 

pollutant" as applied to reenho se gases invalid, stayed, or otherwise without force and e ect for urposes of this rule, upon the date 

such action becomes final e ective. 

RESPONSE: The comme t ra· es a concern about the link between 

federal and state regulations. · e state regulations may incorporate 

by reference or substantially state or repeat federal regulations, the 

impact of federal regulations eing stayed, vacated, withdrawn, etc., 

is not always clear. Section 3.055, RSMo, specifically prohibits 

the Missouri Air Conserva · n Commission from establishing standards and guidelines that e s icter or enforced prior to what is 

required by the federal Cl an K Act. The department intends to 

implement applicable fed ra1 irements related to greenhouse 

gases, and does not inten to proc ed sooner than EPA requires. In 

the event that federal re · ments lated to greenhouse gases are 

invalidated or stayed, the department · tends to clarify for the regulated community what e departmen 's expectations are of permittees, whether in the fo , of an erne ncy rule amendment/rescission, an In Addition . · ce or annotati published in the Missouri 

Register and Code af $tate Regulations, or otherwise. The department's Air Pollution ontrol Program con · ues to monitor the activities occurring with · e federal regulatio concerning greenhouse 

gases. However, unti such time as federal re uirements related to the 

tailoring rule are al · , the department int ds to continue pursuing compliance wi federal requirements as th currently exist. No 

change was made the rule text as a result of · s comment. COMMENT #3: t of its tailoring 

proposal, the state of Utah included a provision it clear that 

it does not intend issue minor New Source Review NSR) permits 

to control GHG e 'ssions for new or modified GHG s rces that are 

below tailoring p vention of significant deterioration thresholds. Missouri's resent De Minimis Emission Level taHte, 10 CSR 

10-6.020(3)(A), : s not list greenhouse gases that are 

regulated as crit , a pollutants or hazardous air pollutants. \ 

REGFORM s ggested that the following text be added to' the end 

of the language subsection (S)(A): 

For new or odified sources of greenhouse gases, as defme t 40 

CFR 52.21 ('l-9)(i), a de minimis permit shall not be required a 

result of 'ssion increases in greenhouse gases only. De mini 's. 

permits · sued as a result of emission increases in other pollutan 

COMMEN{ #4: REGFORM commented that the fl eral defmition 

of "Regulateq NSR Pollutant" at 40 CPR 52.21 (2)(50)(ii) states 

that any pollufa.nt that is subject to any standard romulgated under 

section 111. of Act is a Regulated NSR Po tant. This provision 

was not modified.,l?Y EPA's tailoring rule, bu t poses a future problem, and not just';pt Missouri. EPA pl to issue New Source 

Performance Stand s (Sec. 111) for cert GHG emission sources. 

Once this occurs, the ederal definition f Regulated NSR Pollutant 

would sweep in all G emissions without regard to tailoring 

thresholds. This has bee brought to PA's attention in comments on 

the September 2, 20 , GH State Implementation Plan 

(SIP)/Federal Implementati Pl (FIP) proposals. Unfortunately, it 

was not addressed in the J 3 010, tailoring rule incorporated by reference in Missouri's draft posal. 

Missouri could wait to se ther EPA remedies this oversight in 

its final GHG SIP/FIP rul whi is due to be issued late 2010. If 

EPA does so, Missouri need o incorporate the updated reference in its formal tailo g propos since the draft proposal only 

includes the June 3, 2 0, tailoring ovisions, not any subsequent 

changes. If EPA doe not remedy this roblem in the near term, 

Missouri-specific 1 age may be neede in its formal proposal. 

RESPONSE: The epartment's Air Polluti Control Program continues to monitor e activities occurring wi the federal regulations 

concerning gre ouse gases. EPA is aware o · s issue and intends 

to address thi prior to promulgating any New urce Performance 

Standard tha uld include standards for GHGs. I<\ did not intend 

for the Ne Source Performance Standard to alter e applicability 

levels of Gs set forth in the tailoring rule. No ell e was made 

to the r text as a result of this comment. 

ENT #5: The St. Louis County Air Polluti 

Pro ·am commented that they support the amendments. 

PONSE: The Missouri Department of Natural Reso 

lution Control Program appreciates the support. No c 

e to the rule text as a result of this comment. 

Title 10-DEPARTMENT OF NATURAL RESOURCES 

Division 10-Air Conservation Commission 

Chapter 6-Air Quality Standards, Defmitions, 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 2000, the commission 

amends a rule as follows: 

10 CSR 10-6.065 Operating Permits is amended. 

A notice of proposed rulemaking containing the text of the proposed 

amendment was published in the Missouri Register on February 15, 

2011 (36 MoReg 793-800). 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 R£gulations. 
g

g

Commission. Now that EPA has finalized its rules, Missouri and 

other states with delegated permitting authority have two (2) choices: adopt the regulatory framework put in place by EPA or allow EPA 

to issue a Federal Implementation Plan that gives it the authority to 

apply federal construction and operating requirements to large 

sources of greenhouse gases in Missouri. The MFB cannot support 

either option because they disagree with the underlying premise. 

Though they cannot support either option, they would rather the state 

be the permitting authority in the state rather than EPA. 

RESPONSE: The department's Air Pollution Control Program continues to monitor the activities occurring with the federal regulations 

concerning greenhouse gases. However, until such time as new rules 

or guidelines are issued concerning the tailoring rule, we will continue to pursue compliance with federal requirements as they currently exist. This will insure that the state maintains full authority 

over its permitting programs and avoids obligating EPA to exercise its 

oversight authority to require states to meet the minimum federal 

standards. No change was made to the rule text as a result of this 

comment. 

COMMENT #2: The Regulatory Environmental Group for Missouri 

(REGFORM) commented during the Regulatory Impact Report 

phase of this rulemaking that they had submitted suggested rule language which would prevent these greenhouse gas permitting rules 

from taking effect in Missouri if the federal rules on which they are 

based are voided, stayed, deferred, or otherwise made ineffective by 

action of the federal courts, Congressional action, or Presidential 

Order. REGFORM re-submits their request. The Department of 

Natural Resources and the Air Conservation Commission stated that 

the department intend to observe the statutory clause found in section 643.055, RSMo, and not pursue greenhouse gas permitting in 

Missouri beyond what is federally required in the future and they 

support those statements. If the commission decides against including self-voiding language in the Missouri rules, REGFORM encourages the Air Pollution Control Program to watch federal developments closely and minimize the lag between federal changes and 

Missouri rules that reflect those changes. REGFORM recommends 

a savings clause so that the Missouri rules, standing alone, do not initiate construction or operating permitting for greenhouse gas sources 

if federal stationary source green house gas (GHG) rules are no 

longer in effect or are altered. This language has to be carefully 

crafted so that Missouri avoids unintended consequences. 

REGFORM suggested that the following text be added to the end 

of the language in paragraph (2)(A)2.: 

In the event that all or any portion of the 40 CFR 70.2 definition 

of "subject to regulation" is declared or adjudged to be invalid or 

stayed by a federal court whose jurisdiction includes Missouri, or is 

withdrawn, stayed, or otherwise rendered of no force and effect by 

the United States Environmental Protection Agency, Congress, or 

Presidential Executive Order, such action shall render that portion of 

the "subject to regulation" definition herein as invalid, stayed, or 

otherwise without force and effect fur purposes of this rule upon the 

date such action becomes fmal and effective. 

RESPONSE: The comment raises a concern about the link between 

federal and state regulations. While state regulations may incorporate by reference or substantially restate or repeat federal regulations, 

the impact of federal regulations being stayed, vacated, withdrawn, 

Register and Code of State Regulations, or otherwise. The department's Air Pollution Control Program continues to monitor the activities occurring with the federal regulations concerning greenhouse 

gases. However, until such time as federal requirements related to the 

tailoring rule are altered, the department intends to continue pursuing compliance with federal requirements as they currently exist. No 

change was made to the rule text as a result of this comment. 

COMMENT #3: The St. Louis County Air Pollution Control 

Program commented that they support the proposed amendments. 

RESPONSE: The 

Missouri Department of Natural Resources' Air 

Pollution Control Program appreciates the support. No change was 

made to the rule text as a result of this comment. 

Title 10-DEP.AKI'MENT OF NATURAL RESOURCES 

Division 10-Air Conservation Commission 

hapter 6-Air Quality Standards, Def"mitions, Sampl" 

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri 

ORDER OF RULEMAKING 

the authority vested in the Missouri Air Conse 

Co ission under section 643.050, RSMo 2000, the co 

amen a rule as follows: 

6.200 Hospital, Medical, Infectious Waste 

is amended. 

of the proposed 

amendment was blished in the Missouri Regist on February 15, 

2011 (36 MoReg 8 -816). No changes have b n made in the text 

of the proposed arne ent, so it is not rep · ted here. This proposed amendment beco es effective thirty 0) days after publication in the Code of State ulations. 

SUMMARY OF COMME issouri Department of 

Natural Resources' Air PoUutio Con Program received two (2) 

comments from two (2) sources proposed amendment: the 

Missouri Hospital Association ( and the Saint Louis County 

Department of Health Air Pollution trol Program. 

COMMENT #1: The MHA co~ented t proposed amendments 

published in the May 14, 201 Federal gister, corrected errors 

identified in the U.S. Enviro ental Protec n Agency (EPA) fmal 

rule published in the 

Octobe , 2009, Federa gister. It is recommended that Thble IB, p lished in the Ma 14, 2010, Federal 

Register, be adopted to re e Thble 1 in the pro osed rule, as published in the January 3, 2 11, Missouri Register. e adjusted timeline should also corresp nd with the timeline establi by the EPA 

in the final rule. 

RESPONSE: EPA's oposed amendments to Thble lB blished on 

May 14, 2010, bee e final on April 4, 2011, and ap 

sources and not t existing sources. Since rule 10 CSR 

only applies to e ting sources in the state, no change was made to 

the rule tex.t as a result of this comment.