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 ofpublic hearing transcript introductory statement 

Copy ofMO Reg proposed rulemaking 

Copy ofMO Reg order ofrule making with comments/responses 

Mark-Up of Existing Federally-Approved State Regulation(s) 

c: Missouri Air Conservation Commission 
JASON KANDER (2/28/15) CODE OF STATE REGULATIONS 97

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 Alternate

Emission 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 director

will cause a notice to be published in a newspaper of general circulation within the county

in which the alternate emission units are proposed. The public notice shall describe the

nature 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 shall

include 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 limit

would 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 to

the 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 emission

limit would occur as follows: local air pollution control agencies, the chief executives of

the 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 specified

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 it

available at the locations referred to previously; and 

5. 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) JASON KANDER

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 per

ton 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. 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 NH3,

CO, PM2.5, or HAPs reported as PM10 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 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. 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. 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 any

such 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, 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.
JASON KANDER (2/28/15) CODE OF STATE REGULATIONS 99

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 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.

(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 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 emissions 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;

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 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 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 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) JASON KANDER

Secretary of State

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

(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.

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 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.
(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 EIQ

forms 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 Emissions

of 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 Lead

Emissions Control Equipment and Procedures. The owner or operator of any specific lead smelter shall operate and maintain all

lead emissions control equipment and perform all procedures as required by this rule.

JASON KANDER (2/28/15) CODE OF STATE REGULATIONS 101

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 ofNovember, 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 ofNovember, 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 ofNovember, 2014: 

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

and Process Information 

, Chairman 

_________________________________, Vice Chairman 

_________________________________,Member 

&~ C ill ClL~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 comments are being accepted as noted at the end of

the proposed rulemaking under the Notice of Public Hearing and Notice to Submit 

Comments heading. To submit comments electronically, use the links below the rule or to 

submit written comments see the address below.

10 CSR 10-6.110 Reporting Emission 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 annually. If these 

changes become 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 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 will be accepted through close of business November 6, 2014.

Back to top

Submit written comments about 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

Rulemakings on Public Notice - DNR Page 1 of 1

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 9/16/2014
1

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

This is a courtesy copy of an email bulletin sent by Cheri Bechtel.

This bulletin was sent to the following groups of people:

Subscribers of Air Public Notices (630 recipients) 

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

MISSOURI AIR CONSERVATION COMMISSION 

WILL HOLD PUBLIC HEARING 

 

JEFFERSON CITY, MO -- The Missouri Air Conservation Commission will hold 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 commission will hear testimony related to the following 

proposed action(s): 

 

* 10 CSR 10-6.110 (amendment) Reporting Emission 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 annually. If these changes become 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 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. 

 

The above rule action will not be submitted for inclusion 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 Missouri Department of Natural 

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

Notices section of the program web site http://dnr.mo.gov/env/apcp/public-notices.htm. This information will 
2

be available at least 30 days prior to the public hearing date.

 

The Department will accept written or email comments for the record until 5 p.m. on November 6, 2014. 

Please send written comments to Chief, Air Quality Planning Section, Air Pollution Control Program, P.O. 

Box 176, Jefferson City, MO 65102-0176. Email comments may be submitted via the program web site noted 

above. All written and email comments and public hearing testimony will be equally considered. 

 

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

Commission, Missouri Department of Natural Resources, Air Pollution Control Program, P.O. Box 176, 

Jefferson City, Missouri 65102-0176, or telephone (573) 526-3420. The Department requests persons 

intending to give verbal presentations also provide a written copy of their testimony to the commission 

secretary at the time of the public hearing. 

 

Persons with disabilities requiring special services or accommodations to attend the meeting can make 

arrangements by calling the Program directly at (573) 751-4817, the Division of Environmental Quality's toll 

free number at (800) 361-4827, or by writing two weeks in advance of the meeting to: Missouri Department 

of Natural Resources, Air Conservation Commission Secretary, P.O. Box 176, Jefferson City, MO 65102. 

Hearing impaired persons may contact the program through Relay Missouri, (800) 735-2966. 

You are subscribed to the Air Public Notices topic for Missouri DNR. This information has recently been 

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

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

 

 

Celebrating 40 years of taking care of Missouri's natural resources. To learn more visit dnr.mo.gov.

 

 

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

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

problems with the subscription service, please contact subscriberhelp.govdelivery.com. 

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

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25
 PUBLIC 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 the
Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 6—Air Quality Standards, Definitions, Sampling

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri

PROPOSED AMENDMENT

10 CSR 10-6.110 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 SB

642. 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 of

Missouri. 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 NH3, CO, PM2.5, or HAPs reported as PM10 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 emission

fees 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.]

Under 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 a

citation to the legal authority to make rules. This appears following the text of the rule, after the word “Authority.”

Entirely 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.

An 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 agency

within a specified time, no less than thirty (30) days after publication of the notice in the Missouri Register. 

An 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.

MISSOURI

REGISTER

September 15, 2014

Vol. 39, No. 18
AUTHORITY: section 643.050, RSMo Supp. [2012] 2013. Original

rule 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 

PM10 pri PM2.5 pri 

SO2 CO 

NOx NH3 

VOC HAPs reported as 

PM10 or VOC 

HAP 

Lead 
Page 1511 September 15, 2014

Vol. 39, No. 18 Missouri Register
September 15, 2014 Page 1512 Proposed Rules Vol. 39, No. 18
Page 1513 September 15, 2014

Vol. 39, No. 18 Missouri Register
September 15, 2014 Page 1514 Proposed Rules Vol. 39, No. 18
Page 1515 September 15, 2014

Vol. 39, No. 18 Missouri Register
September 15, 2014 Page 1516 Proposed Rules Vol. 39, No. 18
Page 1517 September 15, 2014

Vol. 39, No. 18 Missouri Register
September 15, 2014 Page 1518 Proposed Rules Vol. 39, No. 18
• 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 is

consistent 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 law

and regulations reflect federal law. In addition, Ms. Crawford supported the A+ Scholarship’s assistance of students granted DACA

and 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 of

Directors 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-residential

tuition 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-residential

tuition 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 submitted

comments 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 Register
February 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 the

text of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: The Missouri Department of

Natural Resources’ Air Pollution Control Program 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 

Emission Unit Level 

Reporting Threshold 

Point Sources 

Small 

Sources Tons Pounds 

PM10 fil PM10 pri 0.438 876 

PMcon 

PM2.5 fil PM2.5 pri 0.438 876 

PMcon 

SO2 1 2000 

NOx 1 2000 

VOC 0.438 876 

CO 1 2000 

Category One (1) HAPa

Category Two (2) HAPb

0.01a

 20a

0.1b 200b

NH3 0.438 876 

Leada 0.01a 20a
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 NH3, CO, PM2.5, or HAPs reported as PM10

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 

Pollutants Not 

Subject to Fees

PM10pri PM2.5 pri 

SO2 CO 

NOx NH3

VOC HAPs reported 

as PM10 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. This 

thirty (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)