### Mr. 

## Mark Hague Page Two

Thank you for your attention to this matter. If you have any questions regarding this submittal, please contact Wendy Vit, with the Department's Air Pollution Control Program at P.O. Box 176, Jefferson City, MO 65102 or by phone at (573) 751-7840 or email atwendy.vit@dnr.mo.gov.

Sincerely,

AIR POLLUTION CONTROL PROGRAM

# ~~;(~~ Kyra L. Moore Director

KLM:abc

Enclosures:

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

c: Missouri Air Conservation CommissionCODE OF STATE REGULATIONS 97 J ASON K ANDER (2/28/15) Secretary of State 

### Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6

in an Alternate Emission Limits Permit is promulgated for the purpose of attaining and maintaining the ozone standard, the owner or operator of the installation who applied for the permit shall submit a new AlternateEmission Limits Permit application demonstrating that reductions in total emissions equal to or greater than the reduction required by the new emission limitations will occur on or before the final compliance date of the new rule. It will be a violation of this rule if the owner of an affected installation does not achieve the necessary reductions.

(H) Public Participation.

1. After making a preliminary determination to approve an application, the directorwill cause a notice to be published in a newspaper of general circulation within the countyin which the alternate emission units are proposed. The public notice shall describe thenature of the application including, with reasonable specificity, the following: name, address, phone number, and representative of the agency issuing the public notice; name and address of the applicant; and the alternate emission limits. The public notice also shallinclude the director’s preliminary determination to approve or approve with conditions.The notice shall state that any interested person may submit relevant information, materials, and views to the director, in writing, for thirty (30) days after the date of publication of the notice. The notice shall further state that a copy of materials submitted by the applicant and used in making the preliminary determination, a copy of the preliminary determination and a copy or summary of other materials, if any, considered in making the preliminary determination are available for public inspection at the Department of Natural Resources’ regional office in the region in which the alternate emission limitwould become effective, as well as at the Jefferson City central office of the Air Pollution Control Program; 2. No later than the date public notice is published, the director shall make available tothe public, until the end of the public comment period, at the regional office in the region in which the proposed emission limit would become effective as well as the Air Pollution Control Program office in Jefferson City, a copy of the preliminary determination and a copy or summary of other materials, if any, considered in making the preliminary determination; 3. Within ten (10) days of a preliminary determination, the director shall send a copy of the public notice to the applicant and to officials and agencies having cognizance over the location where the alternate emissionlimit would occur as follows: local air pollution control agencies, the chief executives ofthe city and county where the alternate emission limit would become effective, any comprehensive regional land use planning agency, and any state air program director whose lands may be affected by emissions from the installation; 4. The director shall consider all written comments submitted within the time speci fied in the public notice in making a final decision on the approvability of the application. No later than ten (10) days after the close of the public comment period, the applicant may submit a written response to any comments submitted by the public. The director shall consider the applicant's response in making a final decision. The director shall make all comments available for public inspection in the same locations where the director made available information at the time of public notice relating to the proposed emission limit. Further, the director shall prepare a written response to all comments and make itavailable at the locations referred to previously; and5. The director shall make a final determination whether the alternate emission limit application should be approved, approved with conditions, or denied pursuant to this rule and notify the applicant in writing of the final determination and make notification available for public inspection at the same locations where the director made available information pertaining to the preliminary determination.

(I) Fee Schedule.

1. Filing Fee. Each application will be accompanied by a one hundred dollar ($100) filing fee. 2. Permit Fee. One hundred ten dollars ($110) per source operation due prior to the publication of public notice.

(4) Reporting and Record Keeping. (Not applicable)

(5) Test Methods. (Not applicable)

AUTHORITY: section 643.050, RSMo 2000.* Original rule filed June 14, 1982, effective Dec. 11, 1982. Amended: Filed Nov. 14, 2002, effective July 30, 2003. Amended: Filed Oct. 15, 2008, effective July 30, 2009.

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

10 CSR 10-6.110 Reporting Emission Data, Emission Fees, and Process Information

PURPOSE: This rule provides procedures for reporting emission related information and establishing emission fees for the purpose of state air resource planning.

(1) Applicability. This rule applies to any installation that is subject to any one (1) of the following:

(A) Notifies and accepts a permit-by-rule under 10 CSR 10-6.062;

(B) Is required to obtain a construction permit under 10 CSR 10-6.060; or

(C) Is required to obtain an operating permit under 10 CSR 10-6.065.

(2) Definitions.

(A) Reportable pollutants—The regulated air pollutants at the process level required for emission inventory reporting as summarized in Table 1 of this rule.

(B) Reporting threshold—Minimum amount of reportable emissions at the emission unit level that requires reporting as summarized in Table 1 of this rule. Emissions below this amount may be designated as insignificant on the Full Emissions Report.

(C) Definitions of certain terms specified in this rule, other than those specified in this rule section, may be found in 10 CSR 10- 6.020.98 CODE OF STATE REGULATIONS (2/28/15) J ASON K ANDER Secretary of State 

### 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission

(3) General Provisions.

(A) Emission Fees.

1. Any installation subject to this rule, except sources that produce charcoal from wood, shall pay an annual emission fee perton of applicable pollutant emissions identified in Table 2 of this rule based on previous calendar year emissions and in accordance with paragraphs (3)(A)2. through (3)(A)7. ofthis rule. The emission fee shall be forty dollars and no cents ($40.00) per ton until January 1, 2016, after which the fee shall be forty-eight dollars and no cents ($48.00) per

ton. 2. For Full Emissions Reports, the fee is based on the information provided in the installation’s emissions report. For sources which qualify for and use the Reduced Reporting Form, the fee shall be based on the last Full Emissions Report. 3. The fee shall apply to the first four thousand (4,000) tons of each air pollutant subject to fees as identified in Table 2 of this rule. No installation shall be required to pay fees on total emissions in excess of twelve thousand (12,000) tons for any reporting year. An installation subject to this rulewhich emitted less than one (1) ton of all pollutants subject to fees shall pay a fee for one (1) ton. 4. An installation which pays emission fees to a holder of a certificate of authority issued pursuant to section 643.140, RSMo, may deduct those fees from the emission fee due under this section. 5. The fee imposed in paragraph (3)(A)1. of this rule shall not apply to NH 3 , CO, PM 2.5 , or HAPs reported as PM 10 or VOC, as summarized in Table 2 of this rule. 6. Emission fees for the reporting year are due June 1 after each reporting year. Thefees shall be payable to the Missouri Department of Natural Resources.7. To determine emission fees, an installation shall be considered one (1) source as defined in section 643.078.2, RSMo, except that an installation with multiple operating permits shall pay emission fees separately for air pollutants emitted under each individual permit. (B) Emission Estimation Calculation and Verification.1. The method of determining an emission factor, capture efficiency, or control efficiency for use in the emissions report shall be consistent with the installation’s applicable permit. Variance from this method shall be based on the hierarchy described below. Ifdata is not available for an emission estimation method or an emission estimation method is impractical for a source, then the subsequent emission estimation method shall be used in its place— A. Continuous Emission Monitoring System (CEMS) as specified in subparagraph (3)(B)2.A. of this rule;B. Stack tests as specified in subparagraph (3)(B)2.B. of this rule; C. Material/mass balance; D. AP-42 (Environmental Protection Agency (EPA) Compilation of Air Pollution Emission Factors ) or FIRE (Factor Information and Retrieval System) (as updated); E. Other EPA documents as specified in subparagraph (3)(B)2.C. of this rule;F. Sound engineering or technical calculations; or G. Facilities shall obtain department approval of emission estimation methods other than those listed in subparagraphs (3)(B)1.A.–F. of this rule before using anysuch method to estimate emissions in the submission of an emissions report. a Category One (1) Hazardous Air Pollutant (HAP) chemicals include Polycyclic Organic Matter, Arsenic Compounds, Lead Compounds, Chromium Compounds, Mercury Compounds (Alkyl and Aryl), Mercury Compounds (Inorganic), Nickel Compounds, Chlordane, Benzene, Methoxychlor, Vinyl Chloride, Heptachlor, Benzidine, Butadiene (1,3-), Chloromethyl Methyl Ether, Hexachlorobenzene, Bis(chloromethyl)ether, Asbestos, Polychlorinated Biphenyls, Trifluralin, Tetrachlorodibenzo-P-Dioxin (2,3,7,8-), Toxaphene, an d Coke Oven Emissions. b Category Two (2) HAP chemicals are those defined in 10 CSR 10-6.020 that are not included in the list of Category One (1) HAP c hemicals.CODE OF STATE REGULATIONS 99 J ASON K ANDER (2/28/15) Secretary of State 

### Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6

2. The director reserves the authority to review and approve all emission estimation methods used to calculate emissions for the purpose of filing an emissions report for accuracy, reliability, and appropriateness. Inappropriate usage of an emission factor or method shall include, but is not limited to:varying from the method used in permit without prior approval, using emission factors not representative of a process, using equipment in a manner other than that for which it was designed for in calculating emissions, or using a less accurate emission estimation method for a process when a facility hasmore accurate emission data available. Additional requirements for the use of a specific emission estimation method include: A. Continuous Emission Monitoring System (CEMS). (I) CEMS must be shown to have met applicable performance specificationsduring the period for which data is being presented. (II) CEMS data must be presented in the units which the system was designed tomeasure. Additional data sets used to extrapolate CEMS data must have equal or betterreliability for such extrapolation to be acceptable. (III) When using CEMS data to estimate emissions, the data must include all parameters (i.e., emission rate, gas flow rate, etc.) necessary to accurately determine the emissions. CEMS data which does not include all the necessary parameters must be reviewed and approved by the director or local air pollution control authority before it may be used to estimate emissions; B. Stack tests.

(I) Stack tests must be conducted on the specific equipment for which the stack test results are used to estimate emissions. (II) Stack tests must be conducted according to the methods cited in 10 CSR 10- 6.030, unless an alternative method has been approved in advance by the director or local air pollution control authority.(III) Stack tests will not be accepted unless the choice of test sites and a detailed test plan have been approved in advance by the director or local air pollution control authority.(IV) Stack tests will not be accepted unless the director or local air pollution control authority has been notified of test dates at least thirty (30) days in advance and thus provided the opportunity to observe the testing. This thirty (30)-day notification may be reduced or waived on a case-by-case basis by the director or local air pollution control authority. (V) Stack test results which do not meet all the criteria of parts (3)(B)2.B.(I)–(IV) of this rule may be acceptable for estimating emissions but must be submitted for reviewand approval by the director or local air pollution control authority on a case-by-case basis; and C. Other EPA documents may be used to estimate emissions if the emission factors are more appropriate or source specific thanAP-42 or FIRE. Newly developed EPA emission factors must be published by December31 of the year for which the facility is submitting an emissions report.

(C) Emission Data and Fee Auditing and Adjustment. 1. The department may conduct detailed audits of emissions reports and supportingdocumentation as the director deems necessary. A minimum seven (7)-day notice mustbe provided to the installation to prepare documentation if this audit is done on-site. 2. The department may make emission fee adjustments when any of the following applies— A. Clerical or arithmetic errors have been made; B. Submitted documentation is not supported by inspections or audits; C. Emissions estimates are modified as a result of emission verification or audits; D. Credit has been incorrectly applied for an emissions fee paid to a local air pollution control agency; or E. Emission estimation calculationvaries from the methods described in subsection (3)(B) of this rule.3. The department is not limited by subparagraphs (3)(C)2.A.–E. of this rule in making emission fee adjustments. 4. Adjustments to data and fees will besubject to a three (3)-year statute of limitations unless it is— A. Due to a willful failure to report emissions or fraudulent representation for which there shall be no statute of limitations;

or B. Adjustment of emissions is based on a permitting action under 40 CFR 52.21 for which an adjustment of fees is required to all years of emission data changed up to a maximum of ten (10) years. If approved, fees in effect at the time will be due, but no credit will be applied at the emission unit level.

(D) Public Availability of Emission Data and Process Information. Any informationobtained pursuant to the rule(s) of the Missouri Air Conservation Commission thatwould not be entitled to confidential treatment under 10 CSR 10-6.210 shall be made available to any member of the public upon request. (4) Reporting and Record Keeping. All data collected and recorded in accordance with the provisions of this rule shall be retained by the owner or operator for not less than five (5) years after the end of the calendar year in which the data was collected, and all these records shall be made available upon the director’s request.

(A) The owner or operator of an installation that is subject to this rule shall collect information as required in this section of therule. The information required in the emissions report is listed in Table 3 of this rule. All data elements must be reported initially, and only changed data elements must bereported subsequently. To ensure permit consistency, the Air Pollution Control ProgramEmissions Inventory Unit will provide assistance to identify and quantify the data elements in Table 3 of this rule.100 CODE OF STATE REGULATIONS (2/28/15) J ASON K ANDER Secretary of State 

### 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission

(B) Types and Frequency of Reporting. Therequirements in this subsection are summarized in Table 4 of this rule. 1. All sources (Part 70, intermediate, and small) must submit a Full EmissionsReport for the first full calendar year of operation and, for point sources, a Full Emissions Report is required for an initial partial year of operation. 2. Starting with reporting year 2011, subsequent years of operation reports or forms shall be submitted as follows: A. Part 70 sources must continue to submit a Full Emissions Report annually; B. Intermediate sources must submit a Full Emissions Report every third year after 2011 (subsequent years 2014, 2017, 2020, etc.) and may submit a Reduced Reporting Form in other years unless either or both of the following apply: (I) Any change in installation-wide emissions subject to fees of plus or minusfive (5) tons or more since the last Full Emissions Report submitted requires a Full Emissions Report for that year; and (II) A construction permit action issued under 10 CSR 10-6.060 section (5) or (6) requires a Full Emissions Report for thefirst full year the affected permitted equipment operates; and C. Small sources may submit a Reduced Reporting Form for all subsequent years after a Full Emissions Report unless either or both of the following apply: (I) Any change in installation-wide emissions subject to fees of plus or minusfive (5) tons or more since the last Full Emissions Report submitted requires a Full Emissions Report for that year; and (II) A construction permit action issued under 10 CSR 10-6.060 section (5) or (6) requires a Full Emissions Report for thefirst full year the affected permitted equipment operates.3. An installation may choose to complete a Full Emissions Report in any year.(C) Submittal Requirements. 1. The Full Emissions Report shall be submitted either electronically via MoEIS,which requires Form 1.0 signed by an authorized company representative, or on Emissions Inventory Questionnaire (EIQ) paper forms on the frequency specified in Table 4 of this rule. Alternate methods of reporting the emissions, such as a spreadsheet file, can be submitted for approval by the director. 2. An installation not required to submit a Full Emissions Report is required to submit a Reduced Reporting Form, which is due April 1 after each reporting year. 3. The Full Emissions Report is due April 1 after each reporting year. If the Full Emissions Report is filed electronically via MoEIS, this due date is extended to May 1. 4. The installation owner or operator of record on December 31 of the reporting year is responsible for the emissions report and associated fees for the entire reporting year. 5. If there is no production from an installation in a reporting year, no emission fees are due for that year but notice of such status must be provided to the director in writing by the emissions report due date of April 1. 6. If an installation is out of business, the final emissions report required will be for the full or partial year the installation went out of business. Notice of such status must be provided to the director in writing by the emissions report due date of April 1. 7. After the effective date of this rule, any revision to the department-supplied EIQforms will be presented to the regulated community for a forty-five (45)-day comment period.

(5) Test Methods. (Not Applicable)

AUTHORITY: section 643.050, RSMo Supp. 2014.* Original rule filed June 13, 1984, effective Nov. 12, 1984. Amended: Filed April 2, 1987, effective Aug. 27, 1987. Amended: Filed May 14, 1993, effective Jan. 31, 1994. Amended: Filed Sept. 2, 1993, effective May 9, 1994. Amended: Filed May 15, 1995, effective Dec. 30, 1995. Amended: Filed May 15, 1997, effective Dec. 30, 1997. Amended: Filed May 12, 1998, effective Dec. 30, 1998. Amended: Filed May 14, 1999, effective Dec. 30, 1999. Amended: Filed April 6, 2000, effective Nov. 30, 2000. Amended: Filed June 1, 2001, effective Dec. 30, 2001. Amended: Filed Jan. 16, 2002, effective Aug. 30, 2002. Amended: Filed May 15, 2003, effective Dec. 30, 2003. Amended: Filed May 17, 2004, effective Dec. 30, 2004. Amended: Filed May 16, 2005, effective Dec. 30, 2005. Amended: Filed May 11, 2006, effective Dec. 30, 2006. Amended: Filed May 14, 2007, effective Dec. 30, 2007. Amended: Filed May 19, 2008, effective Dec. 30, 2008. Amended: Filed Jan. 21, 2010, effective Sept. 30, 2010. Amended: Filed March 13, 2013, effective Oct. 30, 2013. Amended: Filed Sept. 2, 2014, effective March 30, 2015.

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

10 CSR 10-6.120 Restriction of Emissionsof Lead From Specific Lead Smelter-Refinery Installations

PURPOSE: This rule establishes maximum allowable rates of emissions of lead from stacks in specific lead-smelter installations,except where New Source Performance Standards apply (as provided in 10 CSR 10- 6.070). It also provides for the operation and maintenance of equipment and procedures specific to controlling lead emissions to the ambient air, both from stacks and from the fugitive emissions that escape stack collection systems at these installations.

(1) Applicability.

(A) This rule shall apply to existing installations in Missouri engaged in specific smelting and refining for the production of lead.

(B) Operation and Maintenance of LeadEmissions Control Equipment and Procedures. The owner or operator of any specific lead smelter shall operate and maintain alllead emissions control equipment and perform all procedures as required by this rule.

CODE OF STATE REGULATIONS 101 J ASON K ANDER (2/28/15) Secretary of State 

### Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6. )



## Order of Rulemakillg



## The Missouri Air Conservation Commission ADOPTS 

## the following action

on this 20th day of November, 2014:

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

________________ , Vice Chairman

________________ ,Member

________________ ,Member

____________ __ _______ ,Member

_________________________ ,Member

________________________ ,Member

# ..

.

Order of Rulemaking



## The Missouri Air Conservation Commission ADOPTS 

## the following action

on this 20th day of November, 2014:

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



## _________________________________ ,Chrurman

# ---+**--------IL----------------------,** Vice Chairman

L '



## _________________________________ ,Member

_________________________________ ,Member

_________________________________ ,Member

_________________________________ ,Member

_________________________________ ,Member

## Order of Rulemaking



## The Missouri Air Conservation Commission ADOPTS 

## the following action

on this 20th day of November, 2014:

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

_________________________________ ,Chairman

_________________________________ , Vice Chairman 

# .8.**~~** ,Member

_________________________________ ,Member

_________________________________ ,Member

_________________________________ ,Member

_________________________________ :,Member

## --------------------------------- Order of Rulemakine:



## The Missouri Air Conservation Commission ADOPTS 

## the following action

on this 20th day of November, 2014:

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



## , Chairman

_________________________________ , Vice Chairman

_________________________________ ,Member



# &**~** C 

# ill**Cl L~** **ember**

_________________________________ ,Member

_________________________________ ,Member

_________________________________ ,Member

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

# Air Pollution Control Program

Rulemakings on Public Notice

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

10 CSR 10-6.110 Reporting Emission Data, Em ission Fees, and Process Information

This rulemaking will change the air emission fee structure pursuant to section 643.079.10, RSMo in SB 642. The purpose of this proposed rulemaki ng is to increase th e emission fee for permitted sources from $40 to $48 per ton of air pollution emitted annually. If these changes become effective January 1, 2016, affe cted sources will be subject to the $48 per ton fee starting with calendar year 2015 em issions (payment due June 1, 2016 and every June 1 thereafter). The increased emission fee will enab le the department’s Air Pollution Control Program to remain solvent and maintain its authority as the implementing agency of the federal Clean Air Act in the State of Missouri.

Proposed Rulemaking - Published in September 15, 2014 Missouri Register

Rulemaking Detail

Submit comments now Submit written comments

Comments on this rulemaking wi ll be accepted through close of business November 6, 2014.

Back to top

Submit written comments abou t any rule development to: Chief, Air Quality Planning Section Missouri Department of Natural Resources Air Pollution Control Program P.O. Box 176 Jefferson City, MO 65102-0176

Back to top Pa g e 1 of 1 Rulemakin g s on Public Notice - DN R

9/16/2014 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm1 

### Bechtel, Cheri

From: Missouri DNR <MODNR@public.govdelivery.com> Sent: Wednesday, September 17, 2014 9:58 AM
To: Bungart, Renee; Archer, Larry; Lovejoy, Victoria ; Moore, Kyra; Vit, Wendy; Bechtel, Cheri; Terlizzi, Gena; Alexander, Jennifer Subject: Courtesy Copy: Air Public Notices Update - Missouri Air Conservation Commission Public Hearing, October 30, 2014



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MISSOURI AIR CONSER VATION COMMISSION WILL HOLD PUBLIC HEARING

JEFFERSON CITY, MO -- The Missouri Air Conser vation Commission will hol d a public hearing on Thursday, October 30, 2014 beginning at 9 a.m. at the Northeast Regional Office, North Conference Room, 1709 Prospect Drive, Macon, Missouri. The commissi on will hear testimony related to the following
p roposed action(s):

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

This rulemaking will change the air emission fee structure pursuant to section 643.079.10, RSMo in SB 642. The purpose of this proposed rulemaking is to increase the emission fee for permitted sources from $40 to $48 per ton of air pollution emitted annua lly. If these changes b ecome effective January 1, 2016, affected sources will be subject to the $48 per ton fee starting with calendar year 2015 emissions (payment due June 1, 2016 and every June 1 thereafter). The increased emission fee will enable the department’s Air Polluti on Control Program to remain solvent and maintain its authority as the implementing agency of the federal Cl ean Air Act in the State of Missouri.

The above rule action will not be submitted for inclusi on in the Missouri State Implementation Plan because it does not revise provisions in any approved state plan.

Documents for the above item(s) will be available for review at the Missour i Department of Natural Resources, Air Pollution Control Pr ogram, 1659 Elm Street, Jefferson Cit y, (573) 751-4817 and in the Public N otices section of the pro g ram web site http://dnr.mo. g ov/env/apcp/public-notices.ht m . This information will2 

### b e available at least 30 days pr ior to the public hearing date.

The Department will accept written or email comme nts for the record until 5 p.m. on November 6, 2014. Please send written comments to Chief, Air Quality Planning Section, Air Polluti on Control Program, P.O. Box 176, Jefferson City, MO 65102-0176. Email comments ma y be submitted via the program web site noted above. All written and email comments and public hearing testimony will be equally considered.

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

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

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

http://dnr.mo.gov/env/apcp/rulemaking.htm

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.PUBLIC HEARING 10/30/2014

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



### 1 BEFORE THE AIR CONSERVATION COMMISSION

STATE OF MISSOURI

2

3 INC RE: )

)

4 10 CSR 10-6.110 (Amendment))
Reporting Emission Data, )

5 Emission Fees and Process )

Information )

6

7

8

9

10

11

PUBLIC HEARING

12

TRANSCRIPT OF PROCEEDINGS

13

TAKEN ON BEHALF OF MISSOURI AIR CONSERVATION COMMISSION

14

OCTOBER 30, 2014

15
16 (Proceedings began at 9:10 a.m.)

17

18

19

20

21

22

23

24

25PUBLIC HEARING 10/30/2014

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 6


### 1 Air Pollution Control Program distributed the

2 public hearing notice to 645 citizens,

3 organizations, corporations, associations and

4 elected officials.

5 Finally, we notified the Kansas City,

6 St. Louis County and Springfield local Air

7 Pollution Control Agencies, Illinois, Kansas and

8 other surrounding states and the U.S.

9 Environmental Protection Agency of this public

10 hearing.

11 Chairman, this concludes my testimony.

12 CHAIRMAN PENDERGRASS: Thank you. Aaron

13 Basham.

14 AARON BASHAM,

15 being first duly sworn to testify the truth, the whole

16 truth, and nothing but the truth, testified as follows:

17 CHAIRMAN PENDERGRASS: Thank you, Aaron.

18 MR. BASHAM: Good morning, Mr. Chairman,

19 members of the Commission. My name is Aaron

20 Basham. I am employed with the Missouri Department

21 of Natural Resources' Air Pollution Control

22 Program. I work at 1659 East Elm Street in

23 Jefferson City, Missouri.

24 I'm here to present testimony for the

25 proposed rule amendments to 10 CSR 10-6.110,PUBLIC HEARING 10/30/2014

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 7


### 1 reporting emission data, emission fees and process

2 information.

3 The rule information starts on page 23 of

4 the briefing document. The Department's Air

5 Pollution Control program proposes to increase air

6 emission fees from $40 for $48 per ton of regulated

7 air pollutant.

8 The proposed new fee would become

9 effective January 1st, 2016, for 2015 emissions.

10 The proposed fee would apply to the first 4,000

11 tons of a single pollutant up to no more than

12 12,000 tons total for combined pollutants in any

13 given year.

14 The increased emission fee will enable the

15 Department's Air Pollution Control Program to

16 remain solvent and maintain its authority as the

17 implementing agency of the Federal Clear Air Act in

18 the State of Missouri.

19 The passage of Senate Bill 642 in the 2014

20 Legislative Session revised Missouri Statute

21 643.079.10 and established a new process and

22 timeline for the department to adjust the air

23 emissions fee.

24 As required by the new process, the

25 proposed fee increase considers input from theTitle 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

PROPOSED AMENDMENT

10 CSR 10-6.110 Reporting Emission Data, Emission Fees, and Process Information . The commission proposes to amend subsection(3)(A). If the commission adopts this rule action, it will be the department’s intention to submit this rule amendment to the U.S. Environmental Protection Agency to replace the current rule that is in the Missouri State Implementation Plan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural Resources’ Air Pollution Control Program at the address listed in the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri Department of Natural Resources’ Environmental Regulatory Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule provides procedures for reporting emission related information and establishing emission fees for the purpose of state air resource planning. The purpose of this rulemaking is to change the air emission fee structure pursuant to section 643.079.10, RSMo in SB642. This proposed rulemaking will increase the emission fee for permitted sources from forty dollars ($40) to forty-eight dollars ($48) per ton of air pollution. The forty-eight dollars ($48) emission fee becomes effective January 1, 2016, starting with calendar year 2015 emissions. The increased emission fee will enable the department’s Air Pollution Control Program to remain solvent and maintain its authority as the implementing agency of the federal Clean Air Act in the state ofMissouri. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is section 643.079.10, RSMo in Senate Bill 642 and the May 19, 2014 Stakeholder Fee Presentation.

(3) General Provisions.

(A) Emission Fees.

1. Any installation subject to this rule, except sources that produce charcoal from wood, shall pay an annual emission fee [of forty dollars and no cents ($40.00)] per ton of applicable pollutant emissions identified in Table 2 of this rule [for calendar years 2013, 2014, and 2015] based on previous calendar year emissions and in accordance with paragraphs (3)(A)2. through (3)(A)7. of this rule. The emission fee shall be forty dollars and no cents ($40.00) per ton until January 1, 2016, after which the fee shall be forty-eight dollars and no cents ($48.00) per ton.2. For Full Emissions Reports, the fee is based on the information provided in the installation’s emissions report. For sources which qualify for and use the Reduced Reporting Form, the fee shall be based on the last Full Emissions Report. 3. The fee shall apply to the first four thousand (4,000) tons of each air pollutant subject to fees as identified in Table 2 of this rule. No installation shall be required to pay fees on total emissions in excess of twelve thousand (12,000) tons for any reporting year. An installation subject to this rule which emitted less than one (1) ton of all pollutants subject to fees shall pay a fee for one (1) ton.4. An installation which pays emission fees to a holder of a certificate of authority issued pursuant to section 643.140, RSMo, may deduct those fees from the emission fee due under this section. 5. The fee imposed in paragraph (3)(A)1. of this rule shall not apply to NH 3 , CO, PM 2.5 , or HAPs reported as PM 10 or VOC, as summarized in Table 2 of this rule. 6. Emission fees for the reporting year are due June 1 after each reporting year. The fees shall be payable to the Missouri Department of Natural Resources.7. To determine emission fees, an installation shall be considered one (1) source as defined in section 643.078.2, RSMo, except that an installation with multiple operating permits shall pay emissionfees separately for air pollutants emitted under each individual permit.

1509 

# Proposed Rules

Proposed Amendment Text Reminder: Boldface text indicates new matter

. [Bracketed text indicates matter being deleted.]



# U nder this heading will appear the text of proposed rules and changes. The notice of proposed rulemaking is required to contain an explanation of any new rule or any change in an existing rule and the reasons therefor. This is set out in the Purpose section with each rule. Also required is acitation to the legal authority to make rules. This appears following the text of the rule, after the word “Authority.” 

# E ntirely new rules are printed without any special symbology under the heading of proposed rule. If an existing rule is to be amended or rescinded, it will have a heading of proposed amendment or proposed rescission. Rules which are proposed to be amended will have new matter printed in boldface type and matter to be deleted placed in brackets. 

# A n important function of the Missouri Register is to solicit and encourage public participation in the rulemaking process. The law provides that for every proposed rule, amendment, or rescission there must be a notice that anyone may comment on the proposed action. This comment may take different forms. 

# I f an agency is required by statute to hold a public hearing

before making any new rules, then a Notice of Public Hearing will appear following the text of the rule. Hearing dates must be at least thirty (30) days after publication of the notice in the Missouri Register. If no hearing is planned or required, the agency must give a Notice to Submit Comments. This allows anyone to file statements in support of or in opposition to the proposed action with the agencywithin a specified time, no less than thirty (30) days after publication of the notice in the Missouri Register

. 

# A n agency may hold a public hearing on a rule even though not required by law to hold one. If an agency allows comments to be received following the hearing date, the close of comments date will be used as the beginning day in the ninety- (90-) day-count necessary for the filing of the order of rulemaking. 

# I f an agency decides to hold a public hearing after planning

not to, it must withdraw the earlier notice and file a new notice of proposed rulemaking and schedule a hearing for a date not less than thirty (30) days from the date of publication of the new notice. M ISSOURI R EGISTER September 15, 2014 Vol. 39, No. 18AUTHORITY: section 643.050, RSMo Supp. [2012] 2013 . Originalrule filed June 13, 1984, effective Nov. 12, 1984. For intervening history, please consult the Code of State Regulations . Amended: Filed Sept. 2, 2014.

PUBLIC COST: This proposed amendment will cost one hundred eighty-eight thousand five hundred ninety dollars ($188,590) in FY 2016. For the years after FY 2016, the total annual aggregate cost is one hundred seventy thousand six hundred fifty dollars ($170,650) for the life of the rule. Note the attached fiscal note for assumptions that apply.

PRIVATE COST: This proposed amendment will cost $1,068,675 in FY 2016. For the years after FY 2016, the total annual aggregate cost is nine hundred sixty-seven thousand nineteen dollars ($967,019) for the life of the rule. Note the attached fiscal note for assumptions that apply.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin at 9:00 a.m., October 30, 2014. The public hearing will be held at the Missouri Department of Natural Resources, Northeast Regional Office, 1709 Prospect Drive, North Conference Room, Macon, Missouri.Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit a written or email statement of their views until 5:00 p.m., November 6, 2014. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102-0176. Email comments shall be sent to apcprulespn@dnr.mo.gov. 

### Page 1510 Proposed Rules September 15, 2014 Vol. 39, No. 18

TABLE 2. Pollutant Fee Applicability

Pollutants Subject to Fees Pollutants Not Subject to Fees PM 10 pri PM 2.5 pri

SO 2 CO

NO x NH 3

VOC HAPs reported as PM 10 or VOC HAP

Lead

### Page 1511 September 15, 2014 Vol. 39, No. 18 Missouri RegisterSeptember 15, 2014 Vol. 39, No. 18 

### Page 1512 Proposed Rules

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### Page 1514 Proposed Rules

### Page 1515 September 15, 2014 Vol. 39, No. 18 Missouri RegisterSeptember 15, 2014 Vol. 39, No. 18 

### Page 1516 Proposed Rules

### Page 1517 September 15, 2014 Vol. 39, No. 18 Missouri RegisterSeptember 15, 2014 Vol. 39, No. 18 

### Page 1518 Proposed Rules• Sr. Rosemary Russell, CPPS, Treasurer, Gospel Justice Com- mittee of the Sisters of the Most Precious Blood of O’Fallon, MO • Carmen Sofia Dence, President, Grupo Atlantico, Inc. • Hilary Cohen Singer, Executive Director, JVS • Miguel A. Carranza, Ph.D., Professor of Latina/Latino Studies & Sociology, Director, Latina/Latino Studies Program, Latina/Latino Studies (LLS) at the University of Missouri – Kansas City • Jessica Piedra, President, Latino Coalition of Kansas City • Rebecca L. Feldmann, Staff Attorney, Immigration Law Pro- gram of Legal Services of Eastern Missouri (LSEM) • Marisol Montero, Missouri tax payer, Immigration Advocate, Education Advocate • Nicole Cortes, Co-Director, Migrant & Immigrant Community Action (MICA) Project • Jessica Mayo, Co-Director, Migrant & Immigrant Community Action (MICA) Project • Sister Francine Koehler, SSND, Hispanic Pastoral Minister, Immigration Reform Committee of Our Lady of the Lake Catholic Church • Asmira Ogresevic, Multi Lingual Access Project Coordinator, Redevelopment Opportunities for Women • Martin Okpareke, Outreach and Volunteer Manager, Jewish Vocational Service, Refugee Immigrant Forum • Tom Balanoff, President, Service Employees International Union (SEIU) Local 1

RESPONSE: Amendment of the regulatory definition of “good-faith effort” is required to clarify the definition’s scope and intent. Specifically, the phrase in the current definition “being eligible to complete and completing the federal need-based aid application” requires clarification. It is MDHE policy that the term “complete” in the definition means the student has provided all of the information required by the FAFSA for federal student aid eligibility. Students with DACA status are unable to accomplish this because they cannot provide the citizenship information required for federal aid eligibility. Since the department believes these students do meet the criteria for state aid eligibility, as defined in section 173. 1110, RSMo, the definition must be revised in order to ensure the administrative rule isconsistent with statutory provisions by providing a categorical exception for these students.

No changes have been made to the rule as a result of this comment.

COMMENT #2: Jon Hile, Board of Directors Chair, and R. Stephen Green, Ed.D, Superintendent of Schools, Kansas City Public Schools submitted comments supporting the proposed amendment. Their comments indicated the amendment was an important step in helping the Kansas City Public School District achieve its mission of helping all students succeed, that A+ makes college a realistic expectation for students and that it would be shortsighted for a policy to make it more difficult for students to become responsible adults. RESPONSE: No changes have been made to the rule as a result of this comment.

COMMENT #3: Vanessa Crawford Aragon, Executive Director,Missouri Immigrant and Refugee Advocates (MIRA) submitted comments supporting the proposed amendment as it settles any question regarding DACA grantees’ A+ eligibility and ensures Missouri lawand regulations reflect federal law. In addition, Ms. Crawford supported the A+ Scholarship’s assistance of students granted DACAand indicated these students should be granted access to the scholarship immediately. RESPONSE: The department agrees that the amendment will bring the A+ regulation into alignment with state law. However, the amendment of the rule is necessary to accomplish that for the reasons given in the response to Comment 1.

No changes have been made to the rule as a result of this comment. COMMENT #4: Faith Sandler, Executive Director, Karissa Anderson, Senior Policy Intern, and Sidney Goldstein, Board ofDirectors of the Scholarship Foundation of St. Louis submitted comments supporting the proposed amendment, but opposing the practice of charging students granted DACA international or non-residentialtuition rates. They indicated the proposed amendment is an important step to furthering educational opportunity in Missouri and ensures consistent program administration in conformity with the law. In addition, they urge the department to grant immediate A+ benefits to students granted DACA. RESPONSE: The department agrees with the positive impacts of the A+ Scholarship and the need to align the administrative rule with state statutes. However, the amendment of the rule is necessary to accomplish that for the reasons given in the response to Comment 1.

The department defers response to the opposition to the practice of charging students granted DACA international or non-residentialtuition rates as that issue is outside the scope of the proposed amendment.

No changes have been made to the rule as a result of this comment.

COMMENT #5: Jane Donahue, Co-Chair, and Faith Sandler, CoChair, of the Advocacy Committee of St. Louis Graduates submittedcomments supporting the proposed amendment as it settles any question regarding DACA grantees’ A+ eligibility and aligns departmental practices with existing law. In addition, Ms. Donahue and Ms.Sandler urged the department to grant immediate A+ benefits to students granted DACA. RESPONSE: The department agrees that the amendment will bring the A+ regulation into alignment with existing law. However, the department cannot grant the students granted DACA immediate access to the scholarship because of the reasons given in response to Comment 1.

No changes have been made to the rule as a result of this comment.

Title 6—DEPARTMENT OF HIGHER EDUCATION

Division 10—Commissioner of Higher Education Chapter 6—Establishment of New Institutions and Instructional Sites

ORDER OF RULEMAKING

By the authority vested in the Commissioner of Higher Education under section 178.1100, RSMo Supp. 2014, the commissioner adopts a rule as follows:

6 CSR 10-6.040 Innovation Education Campuses is adopted

. A notice of proposed rulemaking containing the text of the proposed rule was published in the Missouri Register on October 15, 2014 (39 MoReg 1614–1615). No changes have been made in the text of the proposed rule, so it is not reprinted here. This proposed rule becomes effective thirty (30) days after publication in the Code of State Regulations

.

SUMMARY OF COMMENTS: No comments were received.

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

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation Commission under section 643.050, RSMo Supp. 2014, the commission amends a rule as follows: 

### Page 137 February 2, 2015 Vol. 40, No. 3 Missouri RegisterFebruary 2, 2015 Vol. 40, No. 3

10 CSR 10-6.110 Reporting Emission Data, Emission Fees, and Process Information is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on September 15, 2014 (39 MoReg 1509–1518). No changes have been made in thetext of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

. SUMMARY OF COMMENTS: The Missouri Department ofNatural Resources’ Air Pollution Control Program received no comments on the proposed amendment. 

### Page 138 Orders of Rulemaking

### 10 CSR 10-6.110

1 **10 CSR 10-6.110 Reporting & Emission Data, Emission Fees, and Process Information** 

(1) Applicability. This rule applies to any installation that is subject to any one (1) of the following:

(A) Notifies and accepts a permit-by-rule under 10 CSR 10- 6.062;

(B) Is required to obtain a construction permit under 10 CSR 10-6.060; or

(C) Is required to obtain an operating permit under 10 CSR 10-6.065.

(2) Definitions.

(A) Reportable pollutants-The regulated air pollutants at the process level required for emission inventory reporting as summarized in Table 1 of this rule.

(B) Reporting threshold-Minimum amount of reportable emissions at the emission unit level that requires reporting as summarized in Table 1 of this rule. Emissions below this amount may be designated as insignificant on the Full Emissions Report.

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

TABLE 1. Reportable Pollutants with Reporting Threshold.

**Process Level Reportable Pollutants**  **E mission Unit Level**  **Reporting Threshold**

**Point Sources S**  **mall Sources Tons Pounds** 

PM 10 fil PM 10 pri 0.438 876
PMcon
PM 2.5 fil PM 2.5 pri 0.438 876
PMcon
SO 2 1 2000
NO x 1 2000 VOC 0.438 876 CO 1 2000 Category One (1) HAP a Category Two (2) HAP b 0.01 a 20 a
0.1 b 200 b

NH 3 0.438 876 Lead a 0.01 a 20 a

### 10 CSR 10-6.110

2 a Category One (1) Hazardous Air Pollutant (HAP) chemicals include Polycyclic Organic Matter, Arsenic Compounds, Lead Compounds, Chromium Compounds, Mercury Compounds (Alkyl and Aryl), Mercury Compounds (Inorganic), Nickel Compounds, Chlordane, Benzene, Methoxychlor, Vinyl Chloride, Heptachlor, Benzidine, Butadiene (1,3-), Chloromethyl Methyl Ether, Hexachlorobenzene, Bis(chloromethyl)ether, Asbestos, Polychlorinated Biphenyls, Trifluralin, Tetrachlorodibenzo-P-Dioxin (2,3,7,8-), Toxaphene, and Coke Oven Emissions.

b Category Two (2) HAP chemicals are those defined in 10 CSR 10-6.020 that are not included in the list of Category One (1) HAP chemicals.



### (3) General Provisions.

(A) Emission Fees. 1. Any installation subject to this rule, except sources that produce charcoal from wood, shall pay an annual emission fee **[** of forty dollars and no cents ($40.00) **]** per ton of applicable pollutant emissions identified in Table 2 of this rule **[for calendar years 2013, 2014, and 2015] based on previous calendar year emissions**  and in accordance with paragraphs (3)(A)2. through (3)(A)7. of this rule. **The emission fee shall be forty dollars and no cents ($40.00) per ton until January 1,**  **2016, after which the fee shall be forty-eight dollars and no cents ($48.00) per ton.** 

2. For Full Emissions Reports, the fee is based on the information provided in the installation's emissions report. For sources which qualify for and use the Reduced Reporting Form, the fee shall be based on the last Full Emissions Report.

3. The fee shall apply to the first four thousand (4,000) tons of each air pollutant subject to fees as identified in Table 2 of this rule. No installation shall be required to pay fees on total emissions in excess of twelve thousand (12,000) tons fur any reporting year. An installation subject to this rule which emitted less than one (1) ton of all pollutants subject to fees shall pay a fee for one (1) ton.

4. An installation which pays emission fees to a holder of a certificate of authority issued pursuant to section 643.140, RSMo, may deduct those fees from the emission fee due under this section.

5. The fee imposed in paragraph (3)(A)1. of this rule shall not apply to NH 3 

### , CO, PM 2.5 

### , or HAPs reported as PM 10 

### or VOC, as summarized in Table 2 of this rule.

### 10 CSR 10-6.110

3 6. Emission fees for the reporting year are due June 1 after each reporting year. The fees shall be payable to the Missouri Department of Natural Resources.

7. To determine emission fees, an installation shall be considered one (1) source as defined in section 643.078.2, RSMo, except that an installation with multiple operating permits shall pay emission fees separately for air pollutants emitted under each individual permit.

TABLE 2. Pollutant Fee Applicability

**Pollutants Subject to** 
**Fees P**  **ollutants Not Subject to Fees** 

PM 10 pri PM 2 .5 pri
SO 2 CO
NO x NH 3 VOC HAPs reported
as PM 1 0 or VOC
HAP Lead



### (B) Emission Estimation Calculation and Verification.

1. The method of determining an emission factor, capture efficiency, or control efficiency for use in the emissions report shall be consistent with the installation's applicable permit. Variance from this method shall be based on the hierarchy described below. If data is not available for an emission estimation method or an emission estimation method is impractical for a source, then the subsequent emission estimation method shall be used in its place-

A. Continuous Emission Monitoring System (CEMS) as specified in subparagraph (3)(B)2.A. of this rule;

B. Stack tests as specified in subparagraph (3)(B)2.B. of this rule;

C. Material/mass balance;

D. AP42 (Environmental Protection Agency (EPA) Compilation of Air Pollution Emission Factors) or FIRE (Factor Information and Retrieval System) (as Updated);

E. Other EPA documents as specified in subparagraph (3)(B)2.C. of this rule;

### 10 CSR 10-6.110

4 F. Sound engineering or technical calculations;

or

G. Facilities shall obtain department approval of emission estimation methods other than those listed in subparagraphs (3)(B)1.A.-F. of this rule before using any such method to estimate emissions in the submission of an emissions report.

2. The director reserves the authority to review and approve all emission estimation methods used to calculate emissions for the purpose of filing an emissions report for accuracy, reliability, and appropriateness. Inappropriate usage of an emission factor or method shall include, but is not limited to: varying from the method used in permit without prior approval, using emission factors not representative of a process, using equipment in a manner other than that for which it was designed for in calculating emissions, or using a less accurate emission estimation method for a process when a facility has more accurate emission data available. Additional requirements for the use of a specific emission estimation method include:

A. Continuous Emission Monitoring System (CEMS).

(I) CEMS must be shown to have met applicable performance specifications during the period for which data is being presented.

(II) CEMS data must be presented in the units which the system was designed to measure. Additional data sets used to extrapolate CEMS data must have equal or better reliability for such extrapolation to be acceptable.

(III) When using CEMS data to estimate emissions, the data must include all parameters (i.e., emission rate, gas flow rate, etc.) necessary to accurately determine the emissions. CEMS data which does not include all the necessary parameters must be reviewed and approved by the director or local air pollution control authority before it may be used to estimate emissions;

B. Stack tests.

(I) Stack tests must be conducted on the specific equipment for which the stack test results are used to estimate emissions.

### 10 CSR 10-6.110

5 (II) Stack tests must be conducted according to the methods cited in 10 CSR l0-6.030, unless an alternative method has been approved in advance by the director or local air pollution control authority.

(III)Stack tests will not be accepted unless the choice of test sites and a detailed test plan have been approved in advance by the director or local air pollution control authority.

(IV) Stack tests will not be accepted unless the director or local air pollution control authority has been notified of test dates at least thirty (30) days in advance and thus provided the opportunity to observe the testing. Thisthirty (3O)-day notification may be reduced or waived on a caseby-case basis by the director or local air pollution control authority.

(V) Stack test results which do not meet all the criteria of parts (3)(B)2.B.(I)-(IV) of this rule may be acceptable for estimating emissions but must be submitted for review and approval by the director or local air pollution control authority on a case-by-case basis; and

C. Other EPA documents may be used to estimate emissions if the emission factors are more appropriate or source specific than AP-42 or FIRE. Newly developed EPA emission factors must be published by December 31 of the year for which the facility is submitting an emissions report.

(C) Emission Data and Fee Auditing and Adjustment.

1. The department may conduct detailed audits of emission reports and supporting documentation as the director deems necessary. A minimum seven (7)-day notice must be provided to the installation to prepare documentation if this audit is done on-site.

2. The department may make emission fee adjustments when any of the following applies-

A. Clerical or arithmetic errors have been made;

B. Submitted documentation is not supported by inspections or audits;

### 10 CSR 10-6.110

6 C. Emissions estimates are modified as a result of emission verification or audits;

D. Credit has been incorrectly applied for an emissions fee paid to a local air pollution control agency; or

E. Emission estimation calculation varies from the methods described in subsection (3)(B) of this rule.

3. The department is not limited by subparagraphs (3)(C)2.A.-E. of this rule in making emission fee adjustments.

4. Adjustments to data and fees will be subject to a three (3)-year statute of limitations unless it is-

A. Due to a willful failure to report emissions or fraudulent representation for which there shall be no statute of limitations; or

B. Adjustment of emissions is based on a permitting action under 40 CPR 52.21 for which an adjustment of fee is required to all years of emission data changed up to a maximum of ten (10) years. If approved, fees in effect at the time will be due but no credit will be applied at the emission unit level.

(D) Public Availability of Emission Data and Process Information. Any information obtained pursuant to the rule(s) of the Missouri Air Conservation Commission that would not be entitled to confidential treatment under 10 CSR 10-6.210 shall be made available to any member of the public upon request.

(4) Reporting and Record Keeping. All data collected and recorded in accordance with the provisions of this rule shall be retained by the owner or operator for not less than five (5) years after the end of the calendar year in which the data was collected and all these records shall be made available upon the director's request.

(A) The owner or operator of an installation that is subject to this rule shall collect information as required in this section of the rule. The information required in the emissions report is listed in Table 3 of this rule. All data elements must be reported initially and only changed data elements must be reported subsequently. To ensure permit consistency, the Air Pollution Control Program Emissions

### 10 CSR 10-6.110

7 Inventory Unit will provide assistance to identify and quantify the data elements in Table 3 of this rule.

TABLE 3. Data Elements

1. Inventory year 2. Contact name 3. Contact phone number 4. Federal Information Processing Standard (FIPS) County Code 5. Installation plant ID Code 6. Emission unit ID 7. Stack ID 8. Site name 9. Physical address 10. Source Classification Code (SCC) 11. Heat content (fuel) (annual average) 12. Ash content (fuel) (annual average) 13. Sulfur content (fuel) (annual average) 14. Reportable Pollutant 15. Activity level/throughput 16. Annual emissions 17. Emission factor, with method 18. Winter throughput (percent) 19. Spring throughput (percent) 20. Summer throughput (percent) 21. Fall throughput (percent) 22. Hr/day in operation 23. Days/wk in operation 24. Wks/yr in operation 25. Stack height 26. Stack diameter 27. Exit gas temperature 28. Exit gas velocity 29. Exit gas flow rate 30. Capture efficiency (percent) 31. Control efficiency (percent) 32. Control device type and ID 33. Emission release point type 34. Maximum Hourly Design Rate (MHDR)



### (B) Types and Frequency of Reporting. The requirements in this subsection are summarized in Table 4 of this rule.

1. All sources (Part 70, intermediate, and small) must submit a Full Emissions Report for the first full calendar year of operation and, for point sources, a Full Emissions Report is required for an initial partial year of operation.

### 10 CSR 10-6.110

8 2. Starting with reporting year 2011, subsequent years of operation reports or forms shall be submitted as follows:

A. Part 70 sources must continue to submit a Full Emissions Report annually;

B. Intermediate sources must submit a Full Emissions Report every third year after 2011 (subsequent years 2014, 2017, 2020, etc.)

(I) Any change in installation-side emissions subject to fees of plus or minus five (5) tons or more since the last Full Emissions Report submitted requires a Full Emissions Report for that year; and

(II) A construction permit action issued under 10 CSR 10-6.060 section (5) or (6) requires a Full Emissions Report for the first full year the affected permitted equipment operates; and

C. Small sources may submit a Reduced Reporting Form for all subsequent years after a Full Emissions Report unless either or both of the following apply:

(I) Any change in installation-wide emissions subject to fees of plus or minus five (5) tons or more since the last Full Emissions Report submitted requires a Full Emissions Report for that year; and

(II) A construction permit action issued under 10 CSR 10-6.060 section (5) or (6) requires a Full Emissions Report for the first full year the affected permitted equipment operates.

3. An installation may choose to complete a Full Emissions Report in any year.

**TABLE 4. Summary of Types and Frequency of Reporting**

### 10 CSR 10-6.110

9 **Emission Year**

**Installation classification**  **2011 2012 2013 2014 2015 2016 2017 Years**  **Beyond 2017** *

Part 70 Full Emissions

Report Full Emissions

Report Full Emissions

Report Full Emissions

Report Full Emissions

Report Full Emissions

Report Full Emissions

Report *

Intermediat

e Full Emissions

Report Reduced Reporting
Form(subparagraph (4)(B)2.B.) Reduced Reporting
Form(subparagraph (4)(B)2.B.) Full Emissions

Report Reduced Reporting
Form(subparagraph (4)(B)2.B.) Reduced Reporting
Form(subparagraph (4)(B)2.B.) Full Emissions

Report *

Small
Source Reduced Reporting
Form(subparagraph (4)(B)2.C.) Reduced Reporting
Form(subparagraph (4)(B)2.C.) Reduced Reporting
Form(subparagraph (4)(B)2.C.) Reduced Reporting
Form(subparagraph (4)(B)2.C.) Reduced Reporting
Form(subparagraph (4)(B)2.C.) Reduced Reporting
Form(subparagraph (4)(B)2.C.) Reduced Reporting
Form(subparagraph (4)(B)2.C.) *

*Reporting requirements for years beyond 2017 are repeated in three (3)-year cycles.

(e.g. requirements for years 2018, 2019, and 2020 are the same as years 2012, 2013, and 2014 respectively)



### (C) Submittal Requirements.

1. The Full Emissions Report shall be submitted either electronically via MoEIS, which requires Form 1.0 signed by an authorized company representative, or an Emissions Inventory Questionnaire (EIQ) paper forms on the frequency specified in Table 4 of this rule. Alternate methods of reporting the emissions, such as a spreadsheet file, can be submitted for approval by the director.

2. An installation not required to submit a Full Emissions Report is required to submit a Reduced Reporting Form, which is due April 1 after each reporting year.

3. The Full Emissions Report is due April 1 after each reporting year. If the Full Emissions Report is filed electronically via MoEIS, this due date is extended to May 1.

4. The installation owner or operator of record on December 31 of the reporting year is responsible for the emissions report and associated fees for the entire reporting year. 5. If there is no production from an installation in a reporting year, no emission fees are due fur

### 10 CSR 10-6.110

10 that year but notice of such status must be provided to the director in writing by the emissions report due date of April 1.

6. If an installation is out of business, the final emissions report required will be for the full or partial year the installation went out of business. Notice of such status must be provided to the director in writing by the emissions report due date of April 1.

7. After the effective date of this rule, any revision to the department-supplied EIQ forms will be presented to the regulated community for a forty-five (45)-day comment period.

(5) Test Methods. (Not Applicable)