NOV 2 0 

Mr. Mark Hague 

Acting Regional Administrator 

U.S. EPA, Region VII 

11201 Renner Boulevard 

Lenexa, KS 66219 

Dear Mr. Hague: 

Jeremiah W (Jay) Nixon, Governor • Sara Parker Pauley, Director 

T OF NATURAL RESOURCES 


www.d nr.mo.gov 

The Missouri Department of Natural Resources requests that the U.S. Environmental Protection Agency 

amend the Missouri State Implementation Plan (SIP) to include the following new rule(s) submitted. 

10 CSR 10-6.372 Cross-State Air Pollution Rule Annual NOxTrading Allowance Allocations 

This new rule reallocates the annual nitrogen oxides (NOx) emission allowances for the U.S. 

Environmental Protection Agency's (EPA's) annual NOxregional emission reduction program as 

established in the Cross-State Air Pollution Rule (CSAPR) for 2017 and beyond. At the same time, this 

rule incorporates new unit set-aside and existing unit allocation methods similar to the federal rule. 

10 CSR 10-6.374 Cross-State Air Pollution Rule Ozone Season NOxTrading Allowance Allocations 

This new rule reallocates the ozone season nitrogen oxides (NOx) emission allowances for the U.S. 

Environmental Protection Agency's (EPA's) ozone season NOxregional emission reduction program as 

established in the Cross-State Air Pollution Rule (CSAPR) for 2017 and beyond. At the same time, this 

rule incorporates new unit set-aside and existing unit allocation methods similar to the federal rule. 

10 CSR 10-6.376 Cross-State Air Pollution Rule Annual S02 Trading Allowance Allocations 

This new rule reallocates annual sulfur dioxide (S02) emission allowances for the U.S. Environmental 

Protection Agency's (EPA's) annual S02 regional emission reduction program as established in the 

Cross-State Air Pollution Rule (CSAPR) for 2017 and beyond. At the same time, this rule incorporates 

new unit set-aside and existing unit allocation methods similar to the federal rule. 

These rules meet the requirements of 40 CFR 52 which allows states to modify the allocations under the 

federal Cross-State Air Pollution Rule and do not allow changes after the reallocations are submitted. 

The Missouri Air Conservation Commission adopted the enclosed rule action(s) on August 27,2015. The 

commission has full legal authority to develop rules pursuant to Section 643.050 of the Missouri Air 

o 

Recycled Paper 
Mr. Mark Hague 


Page Two 


Conservation Law. The state followed all applicable administrative procedures in proposing and adopting 

the rule action(s). 

Enclosed are the required SIP submittal elements for determination of plan completeness per 40 CFR Part 

51, Appendix V. 

Compliant with the April 6, 2011 SIP regional consistency memo, an exact duplicate of this submittal is 

also being provided as an electronic attachment in an email to the Region VII Missouri coordinator. A 

searchable pdf version of the rule is available on the Code of State Regulations website at 

https:llwww.sos.mo.gov/CMSImages/ AdRules/csr/currentll Ocsr/l Oc I 0-6b.pdf. 

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

contact Wayne Graf, with the Department's Air Pollution Control Program at P.O. Box 176, Jefferson 

City, MO 65102 or by phone at (573) 751-8406 or email atwayne.graf@dnr.mo.gov. 

Sincerely, 

A~7LUTION CONTROL PROGRAM 

~~~~ Director 

KLM:abc 

Enclosures: 

Copy of commission signature page certifying Missouri Air Conservation Commission adoption 

Copy of technical support documentation for rule (if applicable) 

Copies of public hearing notices 

Copy of public hearing transcript introductory statement 

Copy of MO Reg proposed rulemaking 

Copy of M0 Reg order of rulemaking with comments and responses as filed with Secretary of State's 

Office 

c: Missouri Air Conservation Commission 
-------------------------------

--------------------

Order of Rulemaking 

The Missouri Air Conservation Commission ADOPTS the following action 

on this 27th day of August, 2015: 

10 CSR 10-6.372 (new rule) Cross-State Air Pollution Rule Annual NOx 

Trading Allowance Allocations 

e$A....:.......... 1IdJtJ/I41( _, Chaim1an

---..2~~ --= / !--= ... ==========-___~, Vice Chairman 

J aeJR c., ~ , Member Cl "J 

$/£ ,Member --~--------------------------

, Member 

_________________________, Member 

, Member 
-------------------------------

-------------------------------

Order of Rulemaking 

The Missouri Air Conservation Commission ADOPTS the following action 

on this 27th day ofAugust, 2015: 

10 CSR 10-6.374 (new rule) Cross-State Air Pollution Rule Ozone Season 

NOx Trading Allowance Allocations 

8~ ~;J , Member 

-----,;,L- ~....:.........=". ~~L:i-~===----=ZJ~-----, Member 

, Member 

, Member 

_______________________________,Member 
-------------------------------

-------------------------------

Order of Rulemaking 

The Missouri Air Conservation Commission ADOPTS the following action 

on this 27th day ofAugust, 2015: 

10 CSR 10-6.376 (new rule) Cross-State Air Pollution Rule Annual S02 

Trading Allowance Allocations 

, Chairman 

, Member --~~~~~~~--------------

_______________________________,Member 

, Member 

, Member 
Missouri Department of Natural Resources

http://dnr.mo.gov/env/apcp/rulemaking.htm[6/10/2015 11:02:37 AM]

MO.gov Governor Jay Nixon Find an Agency Online Services

Programs Forms and Permits Publications Laws and Regulations Online Services Calendar of Events

Rulemakings on Public Notice

» » Air Pollution Control Program

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 10-6.372 (new rule) Cross-State Air Pollution Rule Annual NO Trading

 Allowance Allocations

This new rule reallocates the annual nitrogen oxides (NO ) emission allowances for the U.S.

 Environmental Protection Agency’s annual NO regional emission reduction program as established

in the Cross-State Air Pollution Rule (CSAPR) for 2017 and beyond. At the same time, this rule

 incorporates new unit set-aside and existing unit allocation methods similar to the federal rule.

Proposed Rulemaking - Published in June 15, 2015, Missouri Register

Rulemaking Detail

Submit comments now

Submit written comments

Comments on this rulemaking will be accepted through close of business Aug. 10, 2015.

10 CSR 10-6.374 (new rule) Cross-State Air Pollution Rule Ozone Season NO Trading

 Allowance Allocations

This new rule reallocates the ozone season nitrogen oxides (NO ) emission allowances for the U.S.

 Environmental Protection Agency’s ozone season NO regional emission reduction program as

 established in the Cross-State Air Pollution Rule (CSAPR) for 2017 and beyond. At the same time,

 this rule incorporates new unit set-aside and existing unit allocation methods similar to the federal

 rule.

Proposed Rulemaking - Published in June 15, 2015, Missouri Register

Rulemaking Detail

Submit comments now

Submit written comments

Comments on this rulemaking will be accepted through close of business Aug. 10, 2015.

10 CSR 10-6.376 (new rule) Cross-State Air Pollution Rule Annual SO Trading

 Allowance Allocations

This new rule reallocates annual sulfur dioxide (SO ) emission allowances for the U.S.

 Environmental Protection Agency’s annual SO regional emission reduction program as established

in the Cross-State Air Pollution Rule (CSAPR) for 2017 and beyond. At the same time, this rule

 incorporates new unit set-aside and existing unit allocation methods similar to the federal rule.

Proposed Rulemaking - Published in June 15, 2015, Missouri Register

Rulemaking Detail

Submit comments now

Submit written comments

Comments on this rulemaking will be accepted through close of business Aug. 10, 2015.

10 CSR 10-6.261 Control of Sulfur Dioxide Emissions

 This new rule will set enforceable environmental conditions and emission limits necessary to

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http://dnr.mo.gov/env/apcp/rulemaking.htm[6/10/2015 11:02:37 AM]

 address the U.S. Environmental Protection Agency’s 1-hour sulfur dioxide (SO ) National Ambient

 Air Quality Standard (NAAQS) of 75 parts per billion (ppb) [75 Federal Register (FR) 35520, June

 22, 2010]. The rule is a core component of the Missouri State Implementation Plan (SIP) for the

 SO nonattainment area in Jackson county. In addition, this proposed rule incorporates all

 necessary existing provisions from 10 CSR 10-6.260 Restriction of Emission of Sulfur Compounds

 (i.e., provisions in place prior to the 1-hour SO NAAQS) in order to consolidate SO requirements

 and reduce confusion for Missouri’s SO emission sources.

Proposed Rulemaking - Published in May 15, 2015, Missouri Register

Fiscal Notes

Rulemaking Detail

Submit comments now

Submit written comments

Comments on this rulemaking will be accepted through close of business July 2, 2015.

10 CSR 10-6.260 Restriction of Emission of Sulfur Compounds

This rulemaking will rescind the current rule. The department’s Air Pollution Control Program is

 proposing a new sulfur dioxide (SO ) rule, 10 CSR 10-6.261 Control of Sulfur Dioxide Emissions,

 that addresses requirements for sources affected by the U.S. Environmental Protection Agency's

 initial 1-hr SO National Ambient Air Quality Standard nonattainment designations. That new rule

 also carries forward requirements as is from 10 CSR 10-6.260 needed to maintain existing levels of

 SO control in areas outside nonattainment areas.

Proposed Rulemaking - Published in May 15, 2015, Missouri Register

Rulemaking Detail

Submit comments now

Submit written comments

Comments on this rulemaking will be accepted through close of business July 2, 2015.

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

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1

Bechtel, Cheri

From: Missouri DNR <MODNR@public.govdelivery.com>

Sent: Wednesday, July 01, 2015 4:26 PM

To: Lovejoy, Victoria; Archer, Larry; Vit, Wendy; Alexander, Jennifer; Bungart, Renee; Moore, 

Kyra; Bechtel, Cheri; Deidrick, Steph

Subject: Courtesy Copy: Missouri Air Conservation Commission - August 3, 2015 Public Hearing

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 (757 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 

Monday, August 3, 2015 beginning at 1:30 p.m. at the Elm Street Conference Center, 1730 East Elm Street, 

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

testimony related to the following proposed action(s): 

* 10 CSR 10-6.372 (new rule) Cross-State Air Pollution Rule Annual NOx Trading Allowance 

Allocations 

 

This new rule reallocates the annual nitrogen oxides (NOx) emission allowances for the U.S. 

Environmental Protection Agency’s (EPA’s) annual NOx regional emission reduction program as 

established in the Cross-State Air Pollution Rule (CSAPR) for 2017 and beyond. At the same time, 

this rule incorporates new unit set-aside and existing unit allocation methods similar to the federal 

rule. 

 

* 10 CSR 10-6.374 (new rule) Cross-State Air Pollution Rule Ozone Season NOx Trading 

Allowance Allocations 

 

This new rule reallocates the ozone season nitrogen oxides (NOx) emission allowances for the U.S. 

Environmental Protection Agency’s (EPA’s) ozone season NOx regional emission reduction program 

as established in the Cross-State Air Pollution Rule (CSAPR) for 2017 and beyond. At the same time, 

this rule incorporates new unit set-aside and existing unit allocation methods similar to the federal 

rule. 
2

 

* 10 CSR 10-6.376 (new rule) Cross-State Air Pollution Rule Annual SO2 Trading Allowance 

Allocations 

 

This new rule reallocates annual sulfur dioxide (SO2) emission allowances for the U.S. Environmental 

Protection Agency’s (EPA’s) annual SO2 regional emission reduction program as established in the 

Cross-State Air Pollution Rule (CSAPR) for 2017 and beyond. At the same time, this rule 

incorporates new unit set-aside and existing unit allocation methods similar to the federal rule. 

 

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

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

otherwise noted above. 

 

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

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

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

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

The Department will accept written or email comments for the record until 5 p.m. on August 10, 2015. 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 Department of Natural Resources. 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

 
3

 

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 

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This service is provided to you at no charge by Missouri DNR. 
 PUBLIC HEARING 8/3/2015

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

1 (Pages 1 to 4)

Page 1

1 BEFORE THE MISSOURI DEPARTMENT OF NATURAL RESOURCES

 MISSOURI AIR CONSERVATION COMMISSION MEETING

2

3 PUBLIC HEARING

4

5 August 3, 2015

 Elm Street Conference Center

6 1730 E Elm Street

 Jefferson City, MO 65101

7

8 Before:

9 David Zimmermann - Chairman

Jack Baker - Commissioner

10 Mark Garnett - Commissioner

Gary Pendergrass - Commissioner

11

12

13 THE COURT REPORTER:

14 Jenna Petree

MIDWEST LITIGATION SERVICES

15 2511 Broadway Bluffs

Columbia, MO 65201

16 573-449-0561

17

18

19

20

21

22

23

24

25

Page 2

1 PROCEEDINGS

2 MR. ZIMMERMAN: The hearing will come to

3 order. Let the record show the following commissioners are

4 present: Jack Baker, Mark Garnett, Gary Pendergrass, and

5 David Zimmermann.

6 The Air Conservation Commission of the State

7 of Missouri has called this public hearing pursuant to

8 Section 643.070, Revised Statutes of Missouri; EPA

9 promulgated rule 40 CFR 51.102, for the purpose of hearing

10 testimony relating to: 10 CSR 10-6.372 (new rule)

11 Cross-State Air Pollution Rule Annual Nox Trading Allowance

12 Allocations; 10 CSR 10-6.374 (new rule) Cross-State Air

13 Pollution Rule Ozone Season NOx Trading Allowance

14 Allocation; 10 CSR 10-6.376, (new rule) Cross-State Air

15 Pollution Rule Annual SO2 Trading Allowance Allocations.

16 The hearing record will close at 5:00 p.m. on

17 August 10, 2015. Anyone who has not been scheduled to

18 appear, but wishes to be heard, should indicate that you

19 wish to speak on the sign-in sheets available at the door.

20 Section 643.100 of the Missouri Statutes

21 provides that all oral testimony be given under oath.

22 Accordingly, when you are called the testify, please

23 present yourself to the court reporter first to be sworn

24 in.

25 When you testify, please state your name

Page 3

1 business address and your occupation or affiliation. If

2 you have a prepared statement, it will be helpful if you

3 will provide a copy to the Staff Director, court reporter,

4 and members of the Commission.

5 Kyra Moore.

6 KYRA MOORE, having been first duly sworn, testifies as

7 follows:

8 MS. MOORE: Chairman, members of the

9 Commission, my name is Kyra Moore. I am the Staff Director

10 of the Air Pollution Control Program within the Department

11 of Natural Resources for the Air Conservation Commission.

12 I worked at 1659 East Elm Street in Jefferson City,

13 Missouri 65101.

14 The Air Pollution Control Program posted the

15 proposed rulemakings for public review and comment on the

16 Department of Natural Resources' Website at least 30 days

17 prior to this public hearing. We also published the

18 proposed rulemakings, including notices of public hearings,

19 in the Missouri Register on June 15, 2015.

20 In addition to making the proposed rulemakings

21 available for viewing and comment, the Air Pollution

22 Control Program distributed the public hearing notice to

23 nearly 700 citizens, organizations, corporations,

24 associations, and elected officials. Finally, we also

25 notified the Kansas City, St. Louis County, and Springfield

Page 4

1 local air pollution control agencies; Illinois, Kansas and

2 other surrounding states; and the U.S. Environmental

3 Protection Agency of this public hearing.

4 Chairman, that concludes my testimony.

5 MR. ZIMMERMAN: Thank you. Now I would like

6 to call on Aaron Basham to report.

7 AARON BASHAM, having been first duly sworn, testifies as

8 follows:

9 MR. BASHAM: Mr. Chairmen, members of the

10 Commission, my name is Aaron Basham. I'm employed with the

11 Missouri Department of Natural Resources' Air Pollution

12 Control Program. I work at 1659 East Elm Street in

13 Jefferson City, Missouri.

14 If it pleases the Commission, as the rules are

15 similar, I would like to present combined testimony for the

16 proposed new rules 10 CSR 10-6.372 Cross-State Air

17 Pollution Rule Annual NOx Trading Allowance Allocations, 10

18 CSR 10-6.374 Cross-State Air Pollution Rule Ozone Season

19 NOx Trading Allowance Allocations, and 10 CSR 10-6.376

20 Cross-State Air Pollution Rule Annual SO2 Trading Allowance

21 Allocations. The rules begin on page 91 of the Briefing

22 Document.

23 The federal Cross-State Air Pollution Rule or

24 CSAPR, aims to reduce the effect that upwind state

25 emissions of nitrogen oxides and sulfur dioxide have on air
additional credentials for that registrant’s fleets for the duration of

the suspension period. Prior to the issuance of any suspension of

TVRs and credentials, the commission shall notify the registrant in

writing that payment and/or documentation has not been received or

the TVR privilege is being abused and provide information regarding

action the registrant must take to become compliant. Upon the registrant taking the action set forth in the commission’s notice, the suspension shall be terminated. If the suspension is due to TVR abuse,

the registrant shall not receive TVRs for the length of the suspension,

but may receive other credentials. 

(B) Revocation. The alteration of a TVR will result in a one- (1-)[-]

year TVR revocation. Revocation of TVR privileges does not hinder

a registrant’s ability to register other vehicles. Revocation of privileges will be reviewed not later than one (1) year after revocation

implementation at which time if all delinquent fees are paid, then a

reinstatement order will be issued. 

(C) Fees. When a request for TVR is made, fees will be charged

according to the application type from the time of issuance until the

end of the registration year. At no time will the application type be

changed during operation or after the expiration of the TVR unless

approved by the director or his/her designee. The director or his/her

designee may cancel the TVR if the registrant returns the TVR within five (5) days of issuance or reduce TVR fees if the TVR is

returned before the expiration date and provided the registrant submits adequate proof to support registrant’s written request for reduction of fees. 

[(12)](10) Trip Leasing.

(A) A registrant may lease equipment to another fleet registrant

and the lessor shall be responsible for reporting the distance traveled

by the leased equipment. The lessee shall be the person using and

operating the equipment by the lease agreement. 

(B) An apportioned vehicle may be leased to a nonapportioned

carrier in any jurisdiction. The lessor shall be responsible for reporting the distance traveled by the leased equipment. 

[(13)](11) The commission reserves the power to fix and collect a

reasonable fee to cover the costs of handling and issuing all credentials or other evidence of proper registration necessary for operating

a qualified vehicle in this state. 

[(14)](12) The commission shall require the following prerequisite

documentation to support an application for apportioned registration: 

(A) Personal Property Tax Receipt Required. A Missouri tax receipt

or a statement certified by the county or township collector of the county or township in which the applicant’s property was assessed showing

payment of the personal property tax or that no tax is due by the owner

is a prerequisite to the registration of qualified vehicles. A detailed

vehicle listing or copy of the assessment form filed by the vehicle

owner with the county assessor may be requested in addition to the tax

receipts when the receipt does not include complete vehicle information. Carriers using Missouri as the base jurisdiction for apportioned

registration purposes asserting no distance was operated by specific

vehicles in Missouri shall submit to the commission the Affidavit

Affirming No Missouri Distance Traveled, which is incorporated herein by reference and made a part of this rule as published by the

Missouri Highways and Transportation Commission, [Motor Carrier

Services Division, 1320 Creek Trail Drive, Jefferson City, MO

65109] 105 W. Capitol Avenue, PO Box 270, Jefferson City, MO

65102, effective August 1, 2007, which lists those specific vehicles and

requires the signatures of both the county collector and assessor. This

rule does not incorporate any subsequent amendments or additions of

this affidavit. Such affidavit shall not be used as a waiver by any registrant. The Affidavit Affirming No Missouri Distance Traveled may be

obtained from the Motor Carrier Services Division website at:

http://www.modot.org/mcs/[forms_manuals.htm.]

documents/AFFIDAVITAFFIRMINGNOMISSOURIMILES.docxJ

UNE.pdf;

(B) Federal Heavy Vehicle Use Tax Receipt Required. Qualified

vehicles that have a taxable gross weight of fifty-five thousand

pounds (55,000 lbs.) or more are required to show proof of payment

of Federal Heavy Vehicle Use Tax or that no tax is due as a prerequisite to the registration of a qualified vehicle[.];

(C) Liability Insurance. Effective July 1, 1987 each Missouribased registrant must maintain liability insurance coverage or provide

proof of self-insurance, if applicable, on all vehicles bearing a

Missouri-apportioned license plate. Proof of liability insurance coverage is a prerequisite to the registration of a qualified vehicle[.];

(D) Lease Agreement. A copy of all lease agreement(s), if applicable, will be required for all vehicles under the control and possession of the registrant. Such lease agreement shall comply with the

requirements of 7 CSR 265-10.040[.]; and

(E) Titles. Proof of certificate of ownership is required for all vehicles. When the vehicle is owned by the registrant, a Missouri certificate of ownership in the legal name of the registrant will be required.

When a vehicle is owned by another entity other than the registrant,

the certificate of ownership from the entity’s resident jurisdiction

will be accepted.

[(15)](13) Vehicles Operated Solely in Intrastate Commerce.

Notwithstanding any other provision of law, no reciprocity shall be

granted under any statute or agreement for the operation of any qualified vehicle within Missouri solely in intrastate commerce, but all

vehicles so engaged must be duly registered and licensed in Missouri.

[(16)](14) Any contractor or subcontractor of the commission that is

subject to regulation under these administrative rules shall at all

times while conducting business with the commission under such

contract be in good standing with the laws of the state of Missouri

and the administrative rules of the commission, or shall obtain full

compliance with such laws or rules within ten (10) days of being notified in writing of noncompliance by Motor Carrier Services Division

(MCS).

AUTHORITY: sections 142.617, 226.130, and 301.275, RSMo 2000,

and section 226.008, RSMo Supp. [2007] 2014. This rule originally

filed as 12 CSR 20-3.010. Original rule filed July 22, 1965, effective

Aug. 1, 1965. For intervening history, please consult the Code of

State Regulations. Amended: Filed May 15, 2015.

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

in the aggregate.

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

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with the

Missouri Department of Transportation, Pam Harlan, Secretary to

the Commission, PO Box 270, Jefferson City, MO 65102. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is

scheduled.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 6—Air Quality Standards, Definitions, Sampling

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri

PROPOSED RULE

10 CSR 10-6.372 Cross-State Air Pollution Rule Annual NOx

Trading Allowance Allocations. If the commission adopts this rule

Page 753 June 15, 2015

Vol. 40, No. 12 Missouri Register
action, it will be the department’s intention to submit this new rule to

the U.S. Environmental Protection Agency for inclusion in the

Missouri State Implementation Plan. The evidence supporting the need

for this proposed rulemaking is available for viewing at the Missouri

Department of Natural Resources’ Air Pollution Control Program at

the address listed in the Notice of Public Hearing at the end of this rule.

More information concerning this rulemaking can be found at the

Missouri Department of Natural Resources’ Environmental Regulatory

Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: The purpose of this rule is to change the method of reallocating the annual nitrogen oxides (NOx) emission allowances for

use with the U.S. Environmental Protection Agency’s (EPA’s) annual

NOx regional emission reduction program as established in the

Cross-State Air Pollution Rule (CSAPR) for 2017 and beyond. The

evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is the September 13, 2011, December 16, 2014,

and March 24, 2015 affected industry meeting summaries indicating

general agreement to reallocate unused NOx allowances to municipalities that received zero (0) allowances.

PUBLISHER’S NOTE: The secretary of state has determined that the

publication of the entire text of the material which is incorporated by

reference as a portion of this rule would be unduly cumbersome or

expensive. This material as incorporated by reference in this rule

shall be maintained by the agency at its headquarters and shall be

made available to the public for inspection and copying at no more

than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Applicability. This rule applies to all Transport Rule (TR) nitrogen oxides (NOx) Annual units located in the state of Missouri.

(2) Definitions.

(A) Definitions for key words and phrases used in this rule may be

found in 40 CFR 97.402 and 97.403 promulgated as of June 30, 2014,

and Federal Register Notice 79 FR 71663 promulgated on December

3, 2014, are hereby incorporated by reference as published by the

Office of the Federal Register, U.S. National Archives and Records,

700 Pennsylvania Avenue NW, Washington, D.C. 20408.

(B) Notification—Any action by the director to convey information

to affected sources and interested parties. This includes, but is not

limited to, public web postings with email alerts.

(C) Definitions of certain terms specified in this rule, other than

those defined in this rule section, may be found in 10 CSR 10-6.020.

(3) General Provisions. This rule replaces 40 Code of Federal

Regulations (CFR) 97.411(a), 40 CFR 97.411(b)(1) and 40 CFR

97.412(a) promulgated as of June 30, 2014, and Federal Register

Notice 79 FR 71663 promulgated on December 3, 2014, as published

by the Office of the Federal Register, U.S. National Archives and

Records, 700 Pennsylvania Avenue NW, Washington, D.C. 20408.

(A) Existing Units.

1. Annual Submittal. The director must submit to the U.S.

Environmental Protection Agency (EPA) in a format prescribed by the

administrator the TR NOx Annual allowances listed in Table I taking

into account any modifications necessary in accordance with paragraph (3)(A)2. of this rule. This submittal must meet the following

schedule:

A. By June 1, 2016, the director will submit to EPA

allowances for TR NOx Annual units for the control periods in 2017

and 2018;

B. By June 1, 2017, the director will submit to EPA allowances

for TR NOx Annual units for the control periods in 2019 and 2020;

C. By June 1, 2018, the director will submit to EPA

allowances for TR NOx Annual units for the control periods in 2021

and 2022; and

D. By June 1, 2019, and June 1 of each year thereafter, the

director will submit to EPA allowances for TR NOx Annual units for

the control periods in the fourth year after the year in which the submission is made.

2. Non-Operating Units. If a unit in Table I of this rule does not

operate during two (2) consecutive control periods after 2014, the

submittal made under paragraph (3)(A)1. of this rule will show zero

(0) TR Annual NOx allowances for such unit for the control period

in the fifth year after these two (2) such years and in each year after

that fifth year. All TR NOx Annual allowances that would otherwise

have been allocated to such unit will be allocated to the new unit setaside for the state for the respective years involved. If this subsection

is applicable, any resulting changes to the submittal under paragraph

(3)(A)1. of this rule will be determined in accordance with the following:

A. Every year, the director will review the operation of each

unit listed in Table I and issue a notification that lists any unit in

Table I that has not operated during two (2) consecutive control periods after 2014. Any notification made under this subparagraph will

specify the first year in which allowances listed in Table I will be terminated for the applicable unit(s) under paragraph (3)(A)2. of this

rule; 

B. For each notification required in subparagraph (3)(A)2.A.

of this rule, the director will provide an opportunity for submission

of objections to the units referenced in such notice that must be submitted by the deadline specified in such notification in order to be

considered; and

C. If there are objections, the director will review them and

issue a notification responding to objections received along with any

adjustments made to the list.

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Page 755 June 15, 2015

Vol. 40, No. 12 Missouri Register

Table I 

Source 

Name 

Source 

ID 

Unit 

ID 

TR NOx Annual unit 

allowances (tons) for 2017 

and thereafter 

Asbury 2076 1 884 

Audrain Power Plant 55234 CT1 2 

Audrain Power Plant 55234 CT2 2 

Audrain Power Plant 55234 CT3 2 

Audrain Power Plant 55234 CT4 2 

Audrain Power Plant 55234 CT5 1 

Audrain Power Plant 55234 CT6 1 

Audrain Power Plant 55234 CT7 1 

Audrain Power Plant 55234 CT8 1 

Blue Valley 2132 3 126 

Chamois Power Plant 2169 2 248 

Chillicothe 2122 GT1A 2 

Chillicothe 2122 GT1B 0 

Chillicothe 2122 GT2A 0 

Chillicothe 2122 GT2B 0 

Columbia 2123 6 22 

Columbia 2123 7 60 

Columbia 2123 8 0 

Columbia Energy Center (MO) 55447 CT01 1 

Columbia Energy Center (MO) 55447 CT02 2 

Columbia Energy Center (MO) 55447 CT03 1 

Columbia Energy Center (MO) 55447 CT04 1 

Dogwood Energy Facility 55178 CT-1 33 

Dogwood Energy Facility 55178 CT-2 30 

Empire District Elec Co Energy Ctr 6223 1 1 

Empire District Elec Co Energy Ctr 6223 2 2 

Empire District Elec Co Energy Ctr 6223 3A 11 

Empire District Elec Co Energy Ctr 6223 3B 11 

Empire District Elec Co Energy Ctr 6223 4A 12 

Empire District Elec Co Energy Ctr 6223 4B 12 

Essex Power Plant 7749 1 8 

Fairgrounds 2082 CT01 0 

Greenwood Energy Center 6074 1 6 
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Greenwood Energy Center 6074 2 4 

Greenwood Energy Center 6074 3 6 

Greenwood Energy Center 6074 4 8 

Hawthorn 2079 5A 2,445 

Hawthorn 2079 6 1 

Hawthorn 2079 7 7 

Hawthorn 2079 8 8 

Hawthorn 2079 9 21 

Higginsville Municipal Power Plant 2131 4A 2 

Higginsville Municipal Power Plant 2131 4B 0 

Holden Power Plant 7848 1 5 

Holden Power Plant 7848 2 6 

Holden Power Plant 7848 3 5 

Howard Bend 2102 CT1A 0 

Howard Bend 2102 CT1B 0 

Iatan 6065 1 3,094 

James River 2161 GT1 7 

James River 2161 GT2 13 

James River 2161 3 207 

James River 2161 4 235 

James River 2161 5 435 

John Twitty Energy Center 6195 1 801 

John Twitty Energy Center 6195 CT1A 1 

John Twitty Energy Center 6195 CT1B 1 

John Twitty Energy Center 6195 CT2A 1 

John Twitty Energy Center 6195 CT2B 1 

Labadie 2103 1 2,321 

Labadie 2103 2 2,495 

Labadie 2103 3 2,677 

Labadie 2103 4 2,613 

Lake Road 2098 6 414 

Lake Road 2098 GT5 2 

McCartney Generating Station 7903 MGS1A 10 

McCartney Generating Station 7903 MGS1B 10 

McCartney Generating Station 7903 MGS2A 10 

McCartney Generating Station 7903 MGS2B 10 

Meramec 2104 1 646 

Meramec 2104 2 609 

Meramec 2104 3 1,075 

Meramec 2104 4 1,499 

Meramec 2104 CT01 0 

Meramec 2104 CT2A 0 

Meramec 2104 CT2B 0 
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Mexico 6650 CT01 0 

Moberly 6651 CT01 0 

Montrose 2080 1 725 

Montrose 2080 2 710 

Montrose 2080 3 746 

Moreau 6652 CT01 0 

New Madrid Power Plant 2167 1 2,276 

New Madrid Power Plant 2167 2 2,172 

Nodaway Power Plant 7754 1 4 

Nodaway Power Plant 7754 2 5 

Northeast Generating Station 2081 11 0 

Northeast Generating Station 2081 12 0 

Northeast Generating Station 2081 13 0 

Northeast Generating Station 2081 14 0 

Northeast Generating Station 2081 15 0 

Northeast Generating Station 2081 16 0 

Northeast Generating Station 2081 17 1 

Northeast Generating Station 2081 18 1 

Peno Creek Energy Center 7964 CT1A 11 

Peno Creek Energy Center 7964 CT1B 10 

Peno Creek Energy Center 7964 CT2A 10 

Peno Creek Energy Center 7964 CT2B 9 

Peno Creek Energy Center 7964 CT3A 11 

Peno Creek Energy Center 7964 CT3B 11 

Peno Creek Energy Center 7964 CT4A 10 

Peno Creek Energy Center 7964 CT4B 10 

Ralph Green Station 2092 3 1 

Rush Island 6155 1 2,086 

Rush Island 6155 2 2,106 

Sibley 2094 1 222 

Sibley 2094 2 219 

Sibley 2094 3 1,400 

Sikeston 6768 1 1,268 

Sioux 2107 1 1,874 

Sioux 2107 2 1,690 

South Harper Peaking Facility 56151 1 15 

South Harper Peaking Facility 56151 2 19 

South Harper Peaking Facility 56151 3 23 

St. Francis Power Plant 7604 1 31 

St. Francis Power Plant 7604 2 29 

State Line (MO) 7296 1 8 

State Line (MO) 7296 2-1 57 

State Line (MO) 7296 2-2 59 
(B) New Units.

1. Annual Submittal. For the TR NOx Annual control period in

2017 and each control period thereafter, the director must submit to

EPA in a format prescribed by the administrator the TR NOx Annual

allowances as determined under this subsection by July 1 of the

applicable control period.

2. New Unit Set-Asides.

A. Allowance Calculation. Every year, the director will calculate the TR NOx Annual allowance allocation to each TR NOx

Annual unit in a state, in accordance with subparagraphs (3)(B)3.B.

through (3)(B)3.G. and (3)(B)3.L. of this rule, for the control period

in the year of the applicable submittal deadline under paragraph

(3)(B)1. of this rule. Once the calculations are complete, the director

will contact all facilities that will receive allocations under subparagraphs (3)(B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule for

the control period in the year of the applicable submittal deadline

under paragraph (3)(B)1. of this rule to confirm that the calculations

were performed in accordance with this rule, and make adjustments

to the calculations if necessary.

B. Excess Allowances. If the new unit set-aside for such control period has any TR NOx Annual allowances remaining after the

calculations performed under subparagraphs (3)(B)3.B. through

(3)(B)3.G. and (3)(B)3.L. of this rule have been completed, then

allowances will be calculated in accordance with subparagraph

(3)(B)3.I. of this rule.

C. Industry Requests for Excess Allowances. If an entity

wishes to receive allowances in accordance with subparagraph

(3)(B)3.I. of this rule, for any control period, then by April 5 of the

applicable control period, the entity must submit information to the

director confirming that a TR NOx Annual unit commenced commercial operation during the period starting January 1 of the year

before the year of such control period and ending March 31 of the

year of such control period. The submittal must also include the calculation of eligible allowances for use in subparagraph (3)(B)3.I. of

this rule, for each TR NOx Annual unit that commenced commercial

operation during the period starting January 1 of the year before the

year of such control period and ending March 31 of the year of such

control period. 

(I) The calculation of eligible allowances must be in accordance with part (3)(B)3.I.(III) of this rule in order for such units to

be eligible to receive any allowances in accordance with subparagraph (3)(B)3.I. of this rule.

(II) Each year, the director will review any submissions

made in accordance with this paragraph to confirm that units identified in the submissions are TR NOx Annual units that commenced

commercial operation during the period starting January 1 of the year

before the year of such control period and ending March 31 of the

year of such control period. The director will also confirm that the

submission includes the correct calculations for eligible allowances

in accordance with part (3)(B)3.I.(III) of this rule. If, during the

review, the director identifies any discrepancies with the identified

units or the calculations in a submission made in accordance with

this paragraph, the director may request additional information from

the entity that made the submission. If additional information is

requested, the entity must provide the requested information by the

deadline specified in the information request; otherwise, units identified in such submission will not be eligible for allowances in accordance with subparagraph (3)(B)3.I. of this rule for the applicable

control period.

D. Public Notification. The director will determine the TR

NOx Annual allowance allocation to each TR NOx Annual unit in

accordance with subparagraphs (3)(B)3.I., (3)(B)3.J., and

(3)(B)3.L. of this rule and 40 CFR 97.406(b)(2) and 40 CFR 97.430

through 40 CFR 97.435. By June 1 of each year, the director will

issue a notification making available the results of all allowance

determinations from the new unit set-aside for the control period in

which the notification is made.

(I) For each notification required in part (3)(B)2.D(II) of

this rule, the director will provide an opportunity for submission of

objections to the calculations referenced in such notice.

(II) If there are objections, the director will review them

and provide notification stating the outcome.

E. Allowance Changes. If any TR NOx Annual allowances

are added to the new unit set-aside after submittals as required in

subparagraph (3)(B)2.C. of this rule, the director will issue additional notifications, as deemed appropriate, of the allocation of such TR

NOx Annual allowances in accordance with subparagraph (3)(B)3.J.

of this rule.

3. New Unit Annual Allowance Allocation Methodology. For

each control period in 2017 and thereafter and for the TR NOx

Annual units in Missouri, the director will allocate TR NOx Annual

allowances to the TR NOx Annual units as follows:

A. Units Eligible to Receive Allowances. The TR NOx

Annual allowances will be allocated to the following TR NOx Annual

units, except as provided in subparagraph (3)(B)3.J. of this rule:

(I) TR NOx Annual units that are not listed in Table I in

paragraph (3)(A)2. of this rule;

(II) TR NOx Annual units whose allocation of an amount

of TR NOx Annual allowances for such control period listed in Table

I in paragraph (3)(A)2. of this rule is covered by 40 CFR

97.411(c)(2) or (3);

(III) TR NOx Annual units that are listed in Table I in paragraph (3)(A)2. of this rule and the allocation to such unit(s) is terminated for the applicable control period pursuant to paragraph

(3)(A)2. of this rule, and that operate during the control period

immediately preceding such control period; or

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Thomas Hill Energy Center 2168 MB1 829 

Thomas Hill Energy Center 2168 MB2 1,296 

Thomas Hill Energy Center 2168 MB3 2,674 

Viaduct 2096 CT01 0 

Total 45,818 

Note: Being included or excluded on the list of sources in Table I does not constitute a 

determination that such source is or is not a TR NOx Annual unit. The determination of 

applicability for TR NOx Annual units is in 40 CFR 97.404. 

 
(IV) For purposes of subparagraph (3)(B)3.I. of this rule,

TR NOx Annual units under 40 CFR 97.411(c)(1)(ii) whose allocation of an amount of TR NOx Annual allowances for such control

period under paragraph (3)(B)2. of this rule is covered by 40 CFR

97.411(c)(2) or (3);

B. Total Allowances Available. The director will establish a

separate new unit set-aside for the state for each such control period.

Each such new unit set-aside will be allocated TR NOx Annual

allowances in an amount equal to the difference between the

Missouri TR NOx Annual trading budget for 2017 and thereafter, as

set forth in 40 CFR 97.410(a), and the total number of allowances

allocated in accordance with paragraph (3)(A)1. of this rule for such

control period. The new unit set-aside will be allocated additional

TR NOx Annual allowances (if any) in accordance with paragraph

(3)(A)2. of this rule and 40 CFR 97.411(c)(5);

C. Eligible Control Periods. The director will determine, for

each TR NOx Annual unit described in subparagraph (3)(B)3.A. of

this rule, an allocation of TR NOx Annual allowances for the later of

the following control periods and for each subsequent control period:

(I) The control period in 2017;

(II) The first control period after the control period in

which the TR NOx Annual unit commences commercial operation;

(III) For a unit described in part (3)(B)3.A.(II) of this rule,

the first control period in which the TR NOx Annual unit operates in

the state after operating in another jurisdiction and for which the unit

is not already allocated one (1) or more TR NOx Annual allowances;

and 

(IV) For a unit described in part (3)(B)3.A.(III) of this

rule, the first control period after the control period in which the unit

resumes operation, or the first control period in which the allocation

for such unit listed in Table I in paragraph (3)(A)2. of this rule is terminated pursuant to paragraph (3)(A)2. of this rule, whichever is

later;

D. Allocations. The allocation to each TR NOx Annual unit

described in parts (3)(B)3.A.(I) through (3)(B)3.A.(III) of this rule

and for each control period described in subparagraph (3)(B)3.C. of

this rule will be an amount equal to the unit’s total tons of NOx emissions during the immediately preceding control period. The director

will adjust the allocation amount in this subparagraph in accordance

with subparagraphs (3)(B)3.E. through (3)(B)3.G. and (3)(B)3.L. of

this rule;

E. Sum of Allowances. The director will calculate the sum of

the TR NOx Annual allowances determined for all such TR NOx

Annual units under subparagraph (3)(B)3.D. of this rule in the state

for such control period;

F. Extra Allowance Allocation. If the amount of TR NOx

Annual allowances in the new unit set-aside for the state for such

control period is greater than or equal to the sum under subparagraph

(3)(B)3.E. of this rule, then the director will allocate the amount of

TR NOx Annual allowances determined for each such TR NOx

Annual unit under subparagraph (3)(B)3.D. of this rule;

G. Insufficient Allowance Allocation. If the amount of TR

NOx Annual allowances in the new unit set-aside for the state for

such control period is less than the sum under subparagraph

(3)(B)3.E. of this rule, then the director will allocate to each such

TR NOx Annual unit the amount of the TR NOx Annual allowances

determined under subparagraph (3)(B)3.D. of this rule for the unit,

multiplied by the amount of TR NOx Annual allowances in the new

unit set-aside for such control period, divided by the sum under subparagraph (3)(B)3.E. of this rule, and rounded to the nearest

allowance;

H. Confirmation of Allowances. The director will contact

facilities as described in subparagraph (3)(B)2.A. of this rule to confirm the amount of TR NOx Annual allowances allocated under subparagraphs (3)(B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule

for such control period to each TR NOx Annual unit eligible for such

allocation;

I. Allowance Calculation for Units That Recently Began

Operation. If, after completion of the procedures under subparagraphs (3)(B)3.E. through (3)(B)3.H. of this rule for such control

period, any unallocated TR NOx Annual allowances remain in the

new unit set-aside for the state for such control period, the director

will allocate such TR NOx Annual allowances as follows:

(I) For any submission made in accordance with subparagraph (3)(B)2.B. of this rule, the submitting entity may include the

calculation of eligible allowances for such control period as specified

in part (3)(B)3.I.(III) of this rule. If such submission is not made or

fails to include the calculation of eligible allowances under this part

by the April 5 deadline, or if the entity fails to provide additional

information requested in accordance with part (3)(B)2.C.(II) of this

rule by the applicable deadline, then no allowances will be awarded

to such unit in accordance with this subparagraph for such control

period;

(II) The director will review submissions made in accordance with subparagraph (3)(B)2.C. of this rule, as specified in part

(3)(B)2.C.(II) of this rule and may adjust the units identified in such

submission if they are not eligible for allowances under this subparagraph, and the director may also adjust the calculation of eligible

allowances included in such submission to ensure they are in accordance with part (3)(B)3.I.(III) of this rule;

(III) The calculation of eligible TR NOx Annual allowances

for a specific control period for TR NOx Annual units that commenced commercial operation during the period starting January 1 of

the year before the year of such control period and ending March 31

of the year of such control period must be as follows;

Where:

EA = eligible TR NOx Annual allowances

ER = the unit’s permitted emission rate from the unit’s 

 construction permit approved under 10 CSR 10-

 6.060 (lb/mmBTU)

HR = the heat rate efficiency for the generator that the 

 unit serves (BTU/KW-hr)

NPCap = nameplate capacity of the generator that the unit 

 serves (MWe)

CPTot = number of days in the control period

CF = the unit’s default capacity factor from Table II 

 below

(IV) The director will determine, for each unit described

in subparagraph (3)(B)3.A. of this rule that commenced commercial

operation during the period starting January 1 of the year before the

year of such control period and ending March 31 of the year of such

Page 759 June 15, 2015

Vol. 40, No. 12 Missouri Register

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Table II – Default Capacity Factors for New Units 

Unit Types Annual SO2 & NOx

Programs 

Ozone Season NOx

Program 

Coal-Fired Steam Boiler 0.85 0.92 

IGCC (Coal Gasification) 0.74 0.73 

Oil-Fired Steam Boiler 0.30 0.39 

Natural Gas-Fired Steam 

Boiler 0.44 0.47 

Simple Cycle Combustion 

Turbine 0.24 0.32 

Combined Cycle 

Combustion Turbine 0.66 0.71 
control period, the positive difference (if any) between the unit’s

emissions during the previous control period and the amount of eligible TR NOx Annual allowances as calculated under part

(3)(B)3.I.(III) of this rule;

(V) The director will determine the sum of the positive differences determined under part (3)(B)3.I.(IV) of this rule;

(VI) If the amount of unallocated TR NOx Annual

allowances remaining in the new unit set-aside for the state for such

control period is greater than or equal to the sum determined under

part (3)(B)3.I.(V) of this rule, then the director will allocate the

amount of TR NOx Annual allowances determined for each such TR

NOx Annual unit under part (3)(B)3.I.(IV) of this rule; and

(VII) If the amount of unallocated TR NOx Annual

allowances remaining in the new unit set-aside for the state for such

control period is less than the sum under part (3)(B)3.I.(V) of this

rule, then the director will allocate to each such TR NOx Annual unit

the amount of the TR NOx Annual allowances determined under part

(3)(B)3.I.(IV) of this rule for the unit, multiplied by the amount of

unallocated TR NOx Annual allowances remaining in the new unit

set-aside for such control period, divided by the sum under part

(3)(B)3.I.(V) of this rule, and rounded to the nearest allowance;

J. Distribution of Remaining Allocations. If, after completion

of the procedures under subparagraphs (3)(B)3.I. and (3)(B)3.L. of

this rule for such control period, any unallocated TR NOx Annual

allowances remain in the new unit set-aside for the state for such control period, the director will allocate to each TR NOx Annual unit that

is in the state, is allocated an amount of TR NOx Annual allowances

listed in Table I in paragraph (3)(A)2. of this rule, and continues to be

allocated TR NOx Annual allowances for such control period in accordance with paragraph (3)(A)2. of this rule, an amount of TR NOx

Annual allowances equal to the following: the total amount of such

remaining unallocated TR NOx Annual allowances in such new unit

set-aside, multiplied by the unit’s allocation listed in Table I in paragraph (3)(A)2. of this rule for such control period, divided by the

remainder of the amount of tons in the applicable state NOx Annual

trading budget minus the amount of tons in such new unit set-aside for

the state for such control period, and rounded to the nearest

allowance;

K. Public Notification. The director will issue notifications

as described in subparagraphs (3)(B)2.D. and (3)(B)2.E. of this rule,

of the amount of TR NOx Annual allowances allocated under subparagraphs (3)(B)3.B. through (3)(B)3.G., (3)(B)3.I., (3)(B)3.J.,

and (3)(B)3.L. of this rule for such control period to each TR NOx

Annual unit eligible for such allocation; and

L. Allocation Tabulations That Exceed or Are Less Than the

New Unit Set-Aside.

(I) Notwithstanding the requirements of subparagraphs

(3)(B)3.B. through (3)(B)3.K. of this rule, if the calculations of allocations of a new unit set-aside for a control period in a given year

under subparagraph (3)(B)3.G. of this rule, subparagraph (3)(B)3.F.

and part (3)(B)3.I.(VII) of this rule, or subparagraph (3)(B)3.F., part

(3)(B)3.I.(VI), and subparagraph (3)(B)3.J. of this rule would otherwise result in total allocations of such new unit set-aside exceeding the

total amount of such new unit set-aside, then the director will adjust

the results of the calculations under subparagraph (3)(B)3.G., part

(3)(B)3.I.(VII), or subparagraph (3)(B)3.J. of this rule, as applicable,

as follows. The director will list the TR NOx Annual units in descending order based on the amount of such units’ allocations under subparagraph (3)(B)3.G., part (3)(B)3.I.(VII), or subparagraph (3)(B)3.J.

of this rule, as applicable, and, in cases of equal allocation amounts,

in alphabetical order of the relevant source’s name and numerical

order of the relevant unit’s identification number, and will reduce each

unit’s allocation under subparagraph (3)(B)3.G., part (3)(B)3.I.(VII),

or subparagraph (3)(B)3.J. of this rule, as applicable, by one (1) TR

NOx Annual allowance (but not below zero (0)) in the order in which

the units are listed and will repeat this reduction process as necessary,

until the total allocations of such new unit set-aside equal the total

amount of such new unit set-aside.

(II) Notwithstanding the requirements of subparagraphs

(3)(B)3.J. and (3)(B)3.K. of this rule, if the calculations of allocations

of a new unit set-aside for a control period in a given year under subparagraph (3)(B)3.F., part (3)(B)3.I.(VI), and subparagraph (3)(B)3.J.

of this rule would otherwise result in a total allocations of such new

unit set-aside less than the total amount of such new unit set-aside,

then the director will adjust the results of the calculations under subparagraph (3)(B)3.J. of this rule, as follows. The director will list the

TR NOx Annual units in descending order based on the amount of

such units’ allocations under subparagraph (3)(B)3.J. of this rule and,

in cases of equal allocation amounts, in alphabetical order of the relevant source’s name and numerical order of the relevant unit’s identification number, and will increase each unit’s allocation under subparagraph (3)(B)3.J. of this rule by one (1) TR NOx Annual allowance in

the order in which the units are listed and will repeat this increase

process as necessary, until the total allocations of such new unit setaside equal the total amount of such new unit set-aside.

(4) Reporting and Record Keeping. The director shall maintain TR

NOx Annual unit allowance records submitted to EPA for each TR

NOx Annual control period for a minimum of five (5) years.

(5) Test Methods. (Not Applicable).

AUTHORITY: section 643.050, RSMo Supp. 2013. Original rule filed

May 15, 2015.

PUBLIC COST: This proposed rule will cost public entities twentynine thousand six hundred dollars ($29,600) over the life of the rule.

The cost for fiscal year 2018 is estimated to be two thousand nine

hundred sixty dollars ($2,960). Note the attached fiscal note for

assumptions that apply.

PRIVATE COST: This proposed rule will cost private entities twentynine thousand six hundred dollars ($29,600) over the life of the rule.

The cost for fiscal year 2018 is estimated to be two thousand nine

hundred sixty dollars ($2,960). Note the attached fiscal note for

assumptions that apply.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed rule will begin at 1:30

p.m., August 3, 2015. The public hearing will be held at the Elm

Street Conference Center, 1730 East Elm Street, Lower Level,

Bennett Springs Conference Room, Jefferson City, Missouri.

Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit

a written or email statement of their views until 5:00 p.m., August

10, 2015. 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.

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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 RULE

10 CSR 10-6.374 Cross-State Air Pollution Rule Ozone Season NOx

Trading Allowance Allocations. If the commission adopts this rule

action, it will be the department’s intention to submit this new rule to

the U.S. Environmental Protection Agency for inclusion in the

Missouri State Implementation Plan. The evidence supporting the need

for this proposed rulemaking is available for viewing at the Missouri

Department of Natural Resources’ Air Pollution Control Program at

the address listed in the Notice of Public Hearing at the end of this rule.

More information concerning this rulemaking can be found at the

Missouri Department of Natural Resources’ Environmental Regulatory

Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: The purpose of this rule is to change the method of reallocating the ozone season nitrogen oxides (NOx) emission allowances

for use with the U.S. Environmental Protection Agency’s (EPA’s)

ozone season NOx regional emission reduction program as established in the Cross-State Air Pollution Rule (CSAPR) for 2017 and

beyond. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is the September 13, 2011,

December 16, 2014, and March 24, 2015 affected industry meeting

summaries indicating general agreement to reallocate unused NOx

allowances to municipalities that received zero (0) allowances.

PUBLISHER’S NOTE: The secretary of state has determined that the

publication of the entire text of the material which is incorporated by

reference as a portion of this rule would be unduly cumbersome or

expensive. This material as incorporated by reference in this rule

shall be maintained by the agency at its headquarters and shall be

made available to the public for inspection and copying at no more

than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Applicability. This rule applies to all Transport Rule (TR) nitrogen

oxides (NOx) Ozone Season units located in the state of Missouri.

(2) Definitions.

(A) Definitions for key words and phrases used in this rule may be

found in 40 CFR 97.502 and 97.503 promulgated as of June 30, 2014,

and Federal Register Notice 79 FR 71663 promulgated on December

3, 2014, are hereby incorporated by reference as published by the

Office of the Federal Register, U.S. National Archives and Records,

700 Pennsylvania Avenue NW, Washington, D.C. 20408.

(B) Notification—Any action by the director to convey information

to affected sources and interested parties. This includes, but is not

limited to, public web postings with email alerts.

(C) Definitions of certain terms specified in this rule, other than

those defined in this rule section, may be found in 10 CSR 10-6.020.

(3) General Provisions. This rule replaces 40 Code of Federal

Regulations (CFR) 97.511(a), 40 CFR 97.511(b)(1) and 40 CFR

97.512(a) promulgated as of June 30, 2014, and Federal Register

Notice 79 FR 71663 promulgated on December 3, 2014, as published

by the Office of the Federal Register, U.S. National Archives and

Records, 700 Pennsylvania Avenue NW, Washington, D.C. 20408.

(A) Existing Units.

1. Annual Submittal. The director must submit to the U.S.

Environmental Protection Agency (EPA) in a format prescribed by the

administrator the TR NOx Ozone Season allowances listed in Table I

taking into account any modifications necessary in accordance with

paragraph (3)(A)2. of this rule. This submittal must meet the following schedule:

A. By June 1, 2016, the director will submit to EPA

allowances for TR NOx Ozone Season units for the control periods in

2017 and 2018;

B. By June 1, 2017, the director will submit to EPA allowances

for TR NOx Ozone Season units for the control periods in 2019 and

2020;

C. By June 1, 2018, the director will submit to EPA

allowances for TR NOx Ozone Season units for the control periods in

2021 and 2022; and

D. By June 1, 2019, and June 1 of each year thereafter, the

director will submit to EPA allowances for TR NOx Ozone Season

units for the control periods in the fourth year after the year in which

the submission is made.

2. Non-operating Units. If a unit in Table I of this rule does not

operate during two (2) consecutive control periods after 2014, the

submittal made under paragraph (3)(A)1. of this rule will show zero

(0) TR Ozone Season NOx allowances for such unit for the control

period in the fifth year after these two (2) such years and in each year

after that fifth year. All TR NOx Ozone Season allowances that would

otherwise have been allocated to such unit will be allocated to the

new unit set-aside for the state for the respective years involved. If

this subsection is applicable, any resulting changes to the submittal

under paragraph (3)(A)1. of this rule will be determined in accordance with the following:

A. Every year, the director will review the operation of each

unit listed in Table I and issue a notification that lists any unit in

Table I that has not operated during two (2) consecutive control periods after 2014. Any notification made under this subparagraph will

specify the first year in which allowances listed in Table I will be terminated for the applicable unit(s) under paragraph (3)(A)2. of this

rule; 

B. For each notification required in subparagraph (3)(A)2.A.

of this rule, the director will provide an opportunity for submission

of objections to the units referenced in such notice that must be submitted by the deadline specified in such notification in order to be

considered; and

C. If there are objections, the director will review them and

issue a notification responding to objections received along with any

adjustments made to the list.

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Table I 

Source 

Name 

Source 

ID 

Unit 

ID 

TR NOx Ozone 

Season unit 

allowances 

(tons) for 2017 

and thereafter 

Asbury 2076 1 394

Audrain Power Plant 55234 CT1 1

Audrain Power Plant 55234 CT2 1

Audrain Power Plant 55234 CT3 1

Audrain Power Plant 55234 CT4 1

Audrain Power Plant 55234 CT5 1

Audrain Power Plant 55234 CT6 1

Audrain Power Plant 55234 CT7 1

Audrain Power Plant 55234 CT8 1

Blue Valley 2132 3 65

Chamois Power Plant 2169 2 101

Chillicothe 2122 GT1A 1

Chillicothe 2122 GT1B 0

Chillicothe 2122 GT2A 0

Chillicothe 2122 GT2B 0

Columbia 2123 6 18

Columbia 2123 7 26

Columbia 2123 8 0

Columbia Energy Center (MO) 55447 CT01 1

Columbia Energy Center (MO) 55447 CT02 1

Columbia Energy Center (MO) 55447 CT03 1

Columbia Energy Center (MO) 55447 CT04 0

Dogwood Energy Facility 55178 CT-1 23

Dogwood Energy Facility 55178 CT-2 18

Empire District Elec Co Energy Ctr 6223 1 1

Empire District Elec Co Energy Ctr 6223 2 1

Empire District Elec Co Energy Ctr 6223 3A 6

Empire District Elec Co Energy Ctr 6223 3B 6

Empire District Elec Co Energy Ctr 6223 4A 6
Page 767 June 15, 2015

Vol. 40, No. 12 Missouri Register

Empire District Elec Co Energy Ctr 6223 4B 6

Essex Power Plant 7749 1 7

Fairgrounds 2082 CT01 0

Greenwood Energy Center 6074 1 2

Greenwood Energy Center 6074 2 2

Greenwood Energy Center 6074 3 3

Greenwood Energy Center 6074 4 3

Hawthorn 2079 5A 1,082

Hawthorn 2079 6 1

Hawthorn 2079 7 6

Hawthorn 2079 8 7

Hawthorn 2079 9 21

Higginsville Municipal Power Plant 2131 4A 1

Higginsville Municipal Power Plant 2131 4B 0

Holden Power Plant 7848 1 3

Holden Power Plant 7848 2 4

Holden Power Plant 7848 3 3

Howard Bend 2102 CT1A 0

Howard Bend 2102 CT1B 0

Iatan 6065 1 1,374

James River 2161 GT1 6

James River 2161 GT2 12

James River 2161 3 87

James River 2161 4 102

James River 2161 5 186

John Twitty Energy Center 6195 1 351

John Twitty Energy Center 6195 CT1A 1

John Twitty Energy Center 6195 CT1B 1

John Twitty Energy Center 6195 CT2A 1

John Twitty Energy Center 6195 CT2B 1

Labadie 2103 1 986

Labadie 2103 2 1,038

Labadie 2103 3 1,115

Labadie 2103 4 1,100

Lake Road 2098 6 178

Lake Road 2098 GT5 1

McCartney Generating Station 7903 MGS1A 9
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McCartney Generating Station 7903 MGS1B 9

McCartney Generating Station 7903 MGS2A 8

McCartney Generating Station 7903 MGS2B 8

Meramec 2104 1 255

Meramec 2104 2 250

Meramec 2104 3 483

Meramec 2104 4 632

Meramec 2104 CT01 0

Meramec 2104 CT2A 0

Meramec 2104 CT2B 0

Mexico 6650 CT01 0

Moberly 6651 CT01 0

Montrose 2080 1 311

Montrose 2080 2 295

Montrose 2080 3 307

Moreau 6652 CT01 0

New Madrid Power Plant 2167 1 989

New Madrid Power Plant 2167 2 994

Nodaway Power Plant 7754 1 4

Nodaway Power Plant 7754 2 5

Northeast Generating Station 2081 11 0

Northeast Generating Station 2081 12 0

Northeast Generating Station 2081 13 0

Northeast Generating Station 2081 14 0

Northeast Generating Station 2081 15 0

Northeast Generating Station 2081 16 0

Northeast Generating Station 2081 17 0

Northeast Generating Station 2081 18 0

Peno Creek Energy Center 7964 CT1A 8

Peno Creek Energy Center 7964 CT1B 7

Peno Creek Energy Center 7964 CT2A 7

Peno Creek Energy Center 7964 CT2B 6

Peno Creek Energy Center 7964 CT3A 7

Peno Creek Energy Center 7964 CT3B 8

Peno Creek Energy Center 7964 CT4A 8

Peno Creek Energy Center 7964 CT4B 8

Ralph Green Station 2092 3 1
(B) New Units.

1. Annual Submittal. For the TR NOx Ozone Season control

period in 2017 and each control period thereafter, the director must

submit to EPA in a format prescribed by the administrator the TR

NOx Ozone Season allowances as determined under this subsection

by July 1 of the applicable control period.

2. New unit set-asides.

A. Allowance Calculation. Every year, the director will calculate the TR NOx Ozone Season allowance allocation to each TR

NOx Ozone Season unit in a state, in accordance with subparagraphs

(3)(B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule, for the

control period in the year of the applicable submittal deadline under

paragraph (3)(B)1. of this rule. Once the calculations are complete,

the director will contact all facilities that will receive allocations

under subparagraphs (3)(B)3.B. through (3)(B)3.G. and (3)(B)3.L.

of this rule for the control period in the year of the applicable submittal deadline under paragraph (3)(B)1. of this rule to confirm that

the calculations were performed in accordance with this rule, and

make adjustments to the calculations if necessary. 

B. Excess Allowances. If the new unit set-aside for such control period contains TR NOx Ozone Season allowances remaining

after the calculations performed under subparagraphs (3)(B)3.B.

through (3)(B)3.G. and (3)(B)3.L. of this rule have been completed,

then allowances will be calculated in accordance with subparagraph

(3)(B)3.I. of this rule.

C. Industry Requests for Excess Allowances. If any entity

wishes to receive allowances in accordance with subparagraph

(3)(B)3.I. of this rule, for any control period, then by April 5 of the

applicable control period, the entity must submit information to the

director confirming that a TR NOx Ozone Season unit commenced

commercial operation during the period starting May 1 of the year

before the year of such control period and ending March 31 of the

year of such control period. The submittal must also include the calculation of eligible allowances for use in subparagraph (3)(B)3.I. of

this rule, for each TR NOx Ozone Season unit that commenced operation during the period starting May 1 of the year before the year of

such control period and ending March 31 of the year of such control

period. 

(I) The calculation of eligible allowances must be in accordance with part (3)(B)3.I.(III) of this rule in order for such units to

be eligible to receive any allowances in accordance with subparagraph (3)(B)3.I. of this rule.

(II) Each year, the director will review any submissions

made in accordance with this paragraph to confirm that units identified in the submissions are TR NOx Ozone Season units that commenced commercial operation during the period starting May 1 of

Page 769 June 15, 2015

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Rush Island 6155 1 885

Rush Island 6155 2 916

Sibley 2094 1 91

Sibley 2094 2 94

Sibley 2094 3 611

Sikeston 6768 1 548

Sioux 2107 1 773

Sioux 2107 2 690

South Harper Peaking Facility 56151 1 12

South Harper Peaking Facility 56151 2 16

South Harper Peaking Facility 56151 3 20

St. Francis Power Plant 7604 1 19

St. Francis Power Plant 7604 2 18

State Line (MO) 7296 1 5

State Line (MO) 7296 2-1 28

State Line (MO) 7296 2-2 29

Thomas Hill Energy Center 2168 MB1 366

Thomas Hill Energy Center 2168 MB2 557

Thomas Hill Energy Center 2168 MB3 1,166

Viaduct 2096 CT01 0

Total 19,830 

Note: Being included or excluded on the list of sources in Table I does not constitute a 

determination that such source is or is not a TR NOx Ozone Season unit. The 

determination of applicability for TR NOx Ozone Season units is in 40 CFR 97.504. 

 
the year before the year of such control period and ending March 31

of the year of such control period. The director will also confirm that

the submission includes the correct calculations for eligible

allowances in accordance with part (3)(B)3.I.(III) of this rule. If,

during the reviews, the director identifies any discrepancies with the

identified units or the calculations in a submission made in accordance with the paragraph, the director may request additional information from the entity that made the submission. If additional information is requested, the entity must provide the requested information by the deadline specified in the information request; otherwise,

units identified in such submission will not be eligible for allowances

in accordance with subparagraph (3)(B)3.I. of this rule for the

applicable control period.

D. Public Notification. The director will determine the TR

NOx Ozone Season allowance allocation to each TR NOx Ozone

Season unit in accordance with subparagraphs (3)(B)3.I., (3)(B)3.J.,

and (3)(B)3.L. of this rule and 40 CFR 97.506(b)(2) and 40 CFR

97.530 through 40 CFR 97.535. By June 1 of each year, the director

will issue a notification making available the results of all allowance

determinations from the new unit set-aside for the control period in

which the notification is made. 

(I) For each notification required in part (3)(B)2.D(II) of

this rule, the director will provide an opportunity for submission of

objections to the calculations referenced in such notice.

(II) If there are objections, the director will review them

and provide notification stating the outcome.

E. Allowance Changes. If any TR NOx Ozone Season

allowances are added to the new unit set-aside after submittals as

required in subparagraph (3)(B)2.C. of this rule, the director will issue

additional notifications, as deemed appropriate, of the allocation of

such TR NOx Ozone Season allowances in accordance with subparagraph (3)(B)3.J. of this rule.

3. New Unit Ozone Season Allowance Allocation Methodology.

For each control period in 2017 and thereafter and for the TR NOx

Ozone Season units in Missouri, the director will allocate TR NOx

Ozone Season allowances to the TR NOx Ozone Season units as follows:

A. Units Eligible to Receive Allowances. The TR NOx Ozone

Season allowances will be allocated to the following TR NOx Ozone

Season units, except as provided in subparagraph (3)(B)3.J. of this

rule:

(I) TR NOx Ozone Season units that are not listed in Table

I in paragraph (3)(A)2. of this rule;

(II) TR NOx Ozone Season units whose allocation of an

amount of TR NOx Ozone Season allowances for such control period

listed in Table I in paragraph (3)(A)2. of this rule is covered by 40

CFR 97.511(c)(2) or (3);

(III) TR NOx Ozone Season units that are listed in Table I

in paragraph (3)(A)2. of this rule and the allocation to such unit(s) is

terminated for the applicable control period pursuant to paragraph

(3)(A)2. of this rule, and that operate during the control period

immediately preceding such control period; or

(IV) For purposes of subparagraph (3)(B)3.I. of this rule,

TR NOx Ozone Season units under 40 CFR 97.511(c)(1)(ii) whose

allocation of an amount of TR NOx Ozone Season allowances for

such control period under subparagraph (3)(B)2. of this rule is covered by 40 CFR 97.511(c)(2) or (3);

B. Total Allowances Available. The director will establish a

separate new unit set-aside for the state for each such control period.

Each such new unit set-aside will be allocated TR NOx Ozone

Season allowances in an amount equal to the difference between the

Missouri TR NOx Ozone Season trading budget for 2017 and thereafter, as set forth in 40 CFR 97.510(a), and the total number of

allowances allocated in accordance with paragraph (3)(A)1. of this

rule for such control period. The new unit set-aside will be allocated

additional TR NOx Ozone Season allowances (if any) in accordance

with paragraph (3)(A)2. of this rule and 40 CFR 97.511(c)(5);

C. Eligible Control Periods. The director will determine, for

each TR NOx Ozone Season unit described in subparagraph

(3)(B)3.A. of this rule, an allocation of TR NOx Ozone Season

allowances for the later of the following control periods and for each

subsequent control period:

(I) The control period in 2017;

(II) The first control period after the control period in

which the TR NOx Ozone Season unit commences commercial operation;

(III) For a unit described in part (3)(B)3.A.(II) of this rule,

the first control period in which the TR NOx Ozone Season unit

operates in the state after operating in another jurisdiction and for

which the unit is not already allocated one (1) or more TR NOx

Ozone Season allowances; and 

(IV) For a unit described in part (3)(B)3.A.(III) of this

rule, the first control period after the control period in which the unit

resumes operation, or the first control period in which the allocation

for such unit listed in Table I in paragraph (3)(A)2. of this rule is terminated pursuant to paragraph (3)(A)2. of this rule, whichever is

later;

D. Allocations. The allocation to each TR NOx Ozone

Season unit described in parts (3)(B)3.A.(I) through (3)(B)3.A.(III)

of this rule and for each control period described in subparagraph

(3)(B)3.C. of this rule will be an amount equal to the unit’s total tons

of NOx emissions during the immediately preceding control period.

The director will adjust the allocation amount in this subparagraph

in accordance with subparagraphs (3)(B)3.E. through (3)(B)3.G. and

(3)(B)3.L. of this rule;

E. Sum of Allowances. The director will calculate the sum of

the TR NOx Ozone Season allowances determined for all such TR

NOx Ozone Season units under subparagraph (3)(B)3.D. of this rule

in the state for such control period;

F. Extra Allowance Allocation. If the amount of TR NOx

Ozone Season allowances in the new unit set-aside for the state for

such control period is greater than or equal to the sum under subparagraph (3)(B)3.E. of this rule, then the director will allocate the

amount of TR NOx Ozone Season allowances determined for each

such TR NOx Ozone Season unit under subparagraph (3)(B)3.D. of

this rule;

G. Insufficient Allowance Allocation. If the amount of TR

NOx Ozone Season allowances in the new unit set-aside for the state

for such control period is less than the sum under subparagraph

(3)(B)3.E. of this rule, then the director will allocate to each such

TR NOx Ozone Season unit the amount of the TR NOx Ozone Season

allowances determined under subparagraph (3)(B)3.D. of this rule

for the unit, multiplied by the amount of TR NOx Ozone Season

allowances in the new unit set-aside for such control period, divided

by the sum under subparagraph (3)(B)3.E. of this rule, and rounded

to the nearest allowance;

H. Confirmation of Allowances. The director will contact

facilities, as described in subparagraph (3)(B)2.A. of this rule to confirm the amount of TR NOx Ozone Season allowances allocated

under subparagraphs (3)(B)3.B. through (3)(B)3.G. and (3)(B)3.L.

of this rule for such control period to each TR NOx Ozone Season

unit eligible for such allocation;

I. Allowance Calculation for Units That Recently Began

Operation. If, after completion of the procedures under subparagraphs (3)(B)3.E. through (3)(B)3.H. of this rule for such control

period, any unallocated TR NOx Ozone Season allowances remain in

the new unit set-aside for the state for such control period, the director will allocate such TR NOx Ozone Season allowances as follows:

(I) For any submission made in accordance with subparagraph (3)(B)2.B. of this rule, the submitting entity may include the calculation of eligible allowances for such control period as specified in

part (3)(B)3.I.(III) of this rule. If such submission is not made or fails

to include the calculation of eligible allowances under this part by the

April 5 deadline, or if the entity fails to provide additional information

requested in accordance with part (3)(B)2.C.(II) of this rule by the

applicable deadline, then no allowances will be awarded to such unit

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Vol. 40, No. 12
in accordance with this subparagraph for such control period;

(II) The director will review submissions made in accordance with subparagraph (3)(B)2.C. of this rule, as specified in part

(3)(B)2.C.(II) of this rule and may adjust the units identified in such

submission if they are not eligible for allowances under this subparagraph, and the director may also adjust the calculation of eligible

allowances included in such submission to ensure they are in accordance with part (3)(B)3.I.(III) of this rule;

(III) The calculation of eligible TR NOx Ozone Season

allowances for a specific control period for TR NOx Ozone Season

units that commenced commercial operation during the period starting May 1 of the year before the year of such control period and ending March 31 of the year of such control period must be as follows;

Where:

EA = eligible TR NOx Ozone Season Allowances

ER = the unit’s permitted emission rate from the unit’s 

 construction permit approved under 10 CSR 10-

 6.060 (lb/mmBTU)

HR = the heat rate efficiency for the generator that the

 unit serves (BTU/kW-hr)

NPCap = nameplate capacity of the generator that the unit 

 serves (MWe)

CPTot = number of days in the control period

CF = the unit’s default capacity factor from Table II 

 below

(IV) The director will determine, for each unit described

in subparagraph (3)(B)3.A. of this rule that commenced commercial

operation during the period starting May 1 of the year before the year

of such control period and ending March 31 of the year of such control period, the positive difference (if any) between the unit’s emissions during the previous control period and the amount of eligible

TR NOx Ozone Season allowances as calculated under part

(3)(B)3.I.(III) of this rule;

(V) The director will determine the sum of the positive differences determined under part (3)(B)3.I.(IV) of this rule;

(VI) If the amount of unallocated TR NOx Ozone Season

allowances remaining in the new unit set-aside for the state for such

control period is greater than or equal to the sum determined under

part (3)(B)3.I.(V) of this rule, then the director will allocate the

amount of TR NOx Ozone Season allowances determined for each

such TR NOx Ozone Season unit under part (3)(B)3.I.(IV) of this

rule; and

(VII) If the amount of unallocated TR NOx Ozone Season

allowances remaining in the new unit set-aside for the state for such

control period is less than the sum under part (3)(B)3.I.(V) of this

rule, then the director will allocate to each such TR NOx Ozone

Season unit the amount of the TR NOx Ozone Season allowances

determined under part (3)(B)3.I.(IV) of this rule for the unit, multiplied by the amount of unallocated TR NOx Ozone Season

allowances remaining in the new unit set-aside for such control period, divided by the sum under part (3)(B)3.I.(V) of this rule, and

rounded to the nearest allowance;

J. Distribution of Remaining Allocations. If, after completion

of the procedures under subparagraphs (3)(B)3.I. and (3)(B)3.L. of

this rule for such control period, any unallocated TR NOx Ozone

Season allowances remain in the new unit set-aside for the state for

such control period, the director will allocate to each TR NOx Ozone

Season unit that is in the state, is allocated an amount of TR NOx

Ozone Season allowances listed in Table I in paragraph (3)(A)2. of

this rule, and continues to be allocated TR NOx Ozone Season

allowances for such control period in accordance with paragraph

(3)(A)2. of this rule, an amount of TR NOx Ozone Season allowances

equal to the following: the total amount of such remaining unallocated TR NOx Ozone Season allowances in such new unit set-aside,

multiplied by the unit’s allocation listed in Table I in paragraph

(3)(A)2. of this rule for such control period, divided by the remainder of the amount of tons in the applicable state NOx Ozone Season

trading budget minus the amount of tons in such new unit set-aside

for the state for such control period, and rounded to the nearest

allowance;

K. Public Notification. The director will issue notifications in

subparagraphs (3)(B)2.D. and (3)(B)2.E. of this rule, of the amount

of TR NOx Ozone Season allowances allocated under subparagraphs

(3)(B)3.B. through (3)(B)3.G., (3)(B)3.I., (3)(B)3.J., and (3)(B)3.L.

of this rule for such control period to each TR NOx Ozone Season

unit eligible for such allocation; and

L. Allocation Tabulations That Exceed or Are Less Than the

New Unit Set-Aside.

(I) Notwithstanding the requirements of subparagraphs

(3)(B)3.B. through (3)(B)3.K. of this rule, if the calculations of allocations of a new unit set-aside for a control period in a given year

under subparagraph (3)(B)3.G. of this rule, subparagraph (3)(B)3.F.

and part (3)(B)3.I.(VII) of this rule, or subparagraph (3)(B)3.F., part

(3)(B)3.I.(VI), and subparagraph (3)(B)3.J. of this rule would otherwise result in total allocations of such new unit set-aside exceeding the

total amount of such new unit set-aside, then the director will adjust

the results of the calculations under subparagraph (3)(B)3.G., part

(3)(B)3.I.(VII), or subparagraph (3)(B)3.J. of this rule, as applicable,

as follows. The director will list the TR NOx Ozone Season units in

descending order based on the amount of such units’ allocations under

subparagraph (3)(B)3.G., part (3)(B)3.I.(VII), or subparagraph

(3)(B)3.J. of this rule, as applicable, and, in cases of equal allocation

amounts, in alphabetical order of the relevant source’s name and

numerical order of the relevant unit’s identification number, and will

reduce each unit’s allocation under subparagraph (3)(B)3.G., part

(3)(B)3.I.(VII), or subparagraph (3)(B)3.J. of this rule, as applicable,

by one (1) TR NOx Ozone Season allowance (but not below zero (0))

in the order in which the units are listed and will repeat this reduction process as necessary, until the total allocations of such new unit

set-aside equal the total amount of such new unit set-aside.

(II) Notwithstanding the requirements of subparagraphs

(3)(B)3.J. and (3)(B)3.K. of this rule, if the calculations of allocations

of a new unit set-aside for a control period in a given year under subparagraph (3)(B)3.F., part (3)(B)3.I.(VI), and subparagraph (3)(B)3.J.

of this rule would otherwise result in a total allocations of such new

unit set-aside less than the total amount of such new unit set-aside,

then the director will adjust the results of the calculations under subparagraph (3)(B)3.J. of this rule, as follows. The director will list the

TR NOx Ozone Season units in descending order based on the amount

of such units’ allocations under subparagraph (3)(B)3.J. of this rule

Page 771 June 15, 2015

Vol. 40, No. 12 Missouri Register

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Table II – Default Capacity Factors for New Units 

Unit Types Annual SO2 & NOx

Programs 

Ozone Season NOx

Program 

Coal-Fired Steam Boiler 0.85 0.92 

IGCC (Coal Gasification) 0.74 0.73 

Oil-Fired Steam Boiler 0.30 0.39 

Natural Gas-Fired Steam 

Boiler 0.44 0.47 

Simple Cycle Combustion 

Turbine 0.24 0.32 

Combined Cycle 

Combustion Turbine 0.66 0.71 
and, in cases of equal allocation amounts, in alphabetical order of the

relevant source’s name and numerical order of the relevant unit’s

identification number, and will increase each unit’s allocation under

subparagraph (3)(B)3.J. of this rule by one (1) TR NOx Ozone

Season allowance in the order in which the units are listed and will

repeat this increase process as necessary, until the total allocations of

such new unit set-aside equal the total amount of such new unit setaside.

(4) Reporting and Record Keeping. The director shall maintain TR

NOx Ozone Season unit allowance records submitted to EPA for each

TR NOx Ozone Season control period for a minimum of five (5)

years.

(5) Test Methods. (Not Applicable).

AUTHORITY: section 643.050, RSMo Supp. 2013. Original rule filed

May 15, 2015.

PUBLIC COST: This proposed rule will cost public entities two thousand five hundred dollars ($2,500) over the life of the rule. The cost

for fiscal year 2018 is estimated to be two hundred fifty dollars

($250). Note the attached fiscal note for assumptions that apply.

PRIVATE COST: This proposed rule will cost private entities two

thousand five hundred dollars ($2,500) over the life of the rule. The

cost for fiscal year 2018 is estimated to be two hundred fifty dollars

($250). Note the attached fiscal note for assumptions that apply.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed rule will begin at 1:30

p.m., August 3, 2015. The public hearing will be held at the Elm

Street Conference Center, 1730 East Elm Street, Lower Level,

Bennett Springs Conference Room, Jefferson City, Missouri.

Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit

a written or email statement of their views until 5:00 p.m., August

10, 2015. 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.

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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 RULE

10 CSR 10-6.376 Cross-State Air Pollution Rule Annual SO2

Allowance Trading Allocations. If the commission adopts this rule

action, it will be the department’s intention to submit this new rule to

the U.S. Environmental Protection Agency for inclusion in the

Missouri State Implementation Plan. The evidence supporting the need

for this proposed rulemaking is available for viewing at the Missouri

Department of Natural Resources’ Air Pollution Control Program at

the address listed in the Notice of Public Hearing at the end of this rule.

More information concerning this rulemaking can be found at the

Missouri Department of Natural Resources’ Environmental Regulatory

Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: The purpose of this rule is to reallocate annual sulfur

dioxide (SO2) emission allowances for use with the U.S.

Environmental Protection Agency’s (EPA’s) annual SO2 regional

emission reduction program as established in the Cross-State Air

Pollution Rule (CSAPR) for 2017 and beyond. The evidence supporting the need for this proposed rulemaking, per section 536.016,

RSMo, is a November 7, 2011 email with agreement between Empire

District Electric Co. (Empire) and Kansas City Power and Light

(KCP&L) and November 26, 2014 and March 24, 2015 meeting conference call notes.

PUBLISHER’S NOTE: The secretary of state has determined that the

publication of the entire text of the material which is incorporated by

reference as a portion of this rule would be unduly cumbersome or

expensive. This material as incorporated by reference in this rule

shall be maintained by the agency at its headquarters and shall be

made available to the public for inspection and copying at no more

than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Applicability. This rule shall apply to all Transport Rule (TR) sulfur dioxide (SO2) Annual Group 1 units located in the state of

Missouri.

(2) Definitions.

(A) Definitions for key words and phrases used in this rule may be

found in 40 CFR 97.602 and 97.603 promulgated as of June 30, 2014,

and Federal Register Notice 79 FR 71663 promulgated on December

3, 2014, are hereby incorporated by reference as published by the

Office of the Federal Register, U.S. National Archives and Records,

700 Pennsylvania Avenue NW, Washington, D.C. 20408.

(B) Notification—Any action by the director to convey information

to affected sources and interested parties. This includes, but is not

limited to, public web postings with email alerts.

(C) Definitions of certain terms specified in this rule, other than

those defined in this rule section, may be found in 10 CSR 10-6.020.

(3) General Provisions. This rule replaces 40 Code of Federal

Regulations (CFR) 97.611(a), 40 CFR 97.611(b)(1) and 40 CFR

97.612(a) promulgated as of June 30, 2014, and Federal Register

Notice 79 FR 71663 promulgated on December 3, 2014, as published by the Office of the Federal Register, U.S. National Archives

and Records, 700 Pennsylvania Avenue NW, Washington, D.C.

20408.

(A) Existing Units.

1. Annual Submittal. The director must submit to the U.S.

Environmental Protection Agency (EPA) in a format prescribed by the

administrator the TR SO2 Annual allowances listed in Table I taking

into account any modifications necessary in accordance with paragraph (3)(A)2. of this rule. This submittal must meet the following

schedule:

A. By June 1, 2016, the director will submit to EPA

allowances for TR SO2 Annual units for the control periods in 2017

and 2018;

B. By June 1, 2017, the director will submit to EPA

allowances for TR SO2 Annual units for the control periods in 2019

and 2020;

C. By June 1, 2018, the director will submit to EPA

allowances for TR SO2 Annual units for the control periods in 2021

and 2022; and

D. By June 1, 2019, and June 1 of each year thereafter, the

director will submit to EPA allowances for TR SO2 Annual units for

the control periods in the fourth year after the year in which the submission is made.

2. Non-operating Units. If a unit in Table I of this rule does not

operate during two (2) consecutive control periods after 2014, the

submittal made under paragraph (3)(A)1. of this rule will show zero

(0) TR Annual SO2 allowances for such unit for the control period in

the fifth year after these two (2) such years and in each year after that

fifth year. All TR SO2 Annual allowances that would otherwise have

been allocated to such unit will be allocated to the new unit set-aside

for the state for the respective years involved. If this subsection is

applicable, any resulting changes to the submittal under paragraph

(3)(A)1. of this rule will be determined in accordance with the following:

A. Every year, the director will review the operation of each

unit listed in Table I and issue a notification that lists any unit in

Table I that has not operated during two (2) consecutive control periods after 2014. Any notification made under this subparagraph will

specify the first year in which allowances listed in Table I will be terminated for the applicable unit(s) under paragraph (3)(A)2. of this

rule; 

B. For each notification required in subparagraph (3)(A)2.A.

of this rule, the director will provide an opportunity for submission

of objections to the units referenced in such notice that must be submitted by the deadline specified in such notification in order to be

considered; and

C. If there are objections, the director will review them and

issue a notification responding to objections received along with any

adjustments made to the list.

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June 15, 2015

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Table I 

Source 

Name 

Source 

ID 

Unit 

ID 

TR SO2 Group 1 unit 

allowances (tons) for 2017 

and thereafter 

Asbury 2076 1 4,480 

Audrain Power Plant 55234 CT1 0 

Audrain Power Plant 55234 CT2 0 

Audrain Power Plant 55234 CT3 0 

Audrain Power Plant 55234 CT4 0 

Audrain Power Plant 55234 CT5 0 

Audrain Power Plant 55234 CT6 0 

Audrain Power Plant 55234 CT7 0 

Audrain Power Plant 55234 CT8 0 

Blue Valley 2132 3 452 

Chamois Power Plant 2169 2 893 

Chillicothe 2122 GT1A 0 

Chillicothe 2122 GT1B 0 

Chillicothe 2122 GT2A 1 

Chillicothe 2122 GT2B 0 

Columbia 2123 6 78 

Columbia 2123 7 215 

Columbia 2123 8 0 

Columbia Energy Center (MO) 55447 CT01 0 

Columbia Energy Center (MO) 55447 CT02 0 

Columbia Energy Center (MO) 55447 CT03 0 

Columbia Energy Center (MO) 55447 CT04 0 

Dogwood Energy Facility 55178 CT-1 1 

Dogwood Energy Facility 55178 CT-2 1 

Empire District Elec Co Energy Ctr 6223 1 0 

Empire District Elec Co Energy Ctr 6223 2 0 

Empire District Elec Co Energy Ctr 6223 3A 1 

Empire District Elec Co Energy Ctr 6223 3B 1 

Empire District Elec Co Energy Ctr 6223 4A 1 

Empire District Elec Co Energy Ctr 6223 4B 1 

Essex Power Plant 7749 1 0 

Fairgrounds 2082 CT01 1 

Greenwood Energy Center 6074 1 1 
Page 779 June 15, 2015

Vol. 40, No. 12 Missouri Register

Greenwood Energy Center 6074 2 0 

Greenwood Energy Center 6074 3 0 

Greenwood Energy Center 6074 4 1 

Hawthorn 2079 5A 2,643 

Hawthorn 2079 6 0 

Hawthorn 2079 7 0 

Hawthorn 2079 8 0 

Hawthorn 2079 9 1 

Higginsville Municipal Power Plant 2131 4A 0 

Higginsville Municipal Power Plant 2131 4B 0 

Holden Power Plant 7848 1 0 

Holden Power Plant 7848 2 1 

Holden Power Plant 7848 3 0 

Howard Bend 2102 CT1A 1 

Howard Bend 2102 CT1B 1 

Iatan 6065 1 9,833 

James River 2161 GT1 0 

James River 2161 GT2 0 

James River 2161 3 747 

James River 2161 4 847 

James River 2161 5 1,566 

John Twitty Energy Center 6195 1 2,883 

John Twitty Energy Center 6195 CT1A 0 

John Twitty Energy Center 6195 CT1B 0 

John Twitty Energy Center 6195 CT2A 0 

John Twitty Energy Center 6195 CT2B 0 

Labadie 2103 1 9,056 

Labadie 2103 2 9,265 

Labadie 2103 3 9,633 

Labadie 2103 4 9,929 

Lake Road 2098 6 1,490 

Lake Road 2098 GT5 2 

McCartney Generating Station 7903 MGS1A 0 

McCartney Generating Station 7903 MGS1B 0 

McCartney Generating Station 7903 MGS2A 0 

McCartney Generating Station 7903 MGS2B 0 

Meramec 2104 1 2,326 

Meramec 2104 2 2,192 

Meramec 2104 3 3,869 

Meramec 2104 4 5,394 

Meramec 2104 CT01 1 

Meramec 2104 CT2A 0 

 
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June 15, 2015

Vol. 40, No. 12

Meramec 2104 CT2B 0 

Mexico 6650 CT01 1 

Moberly 6651 CT01 2 

Montrose 2080 1 2,608 

Montrose 2080 2 2,555 

Montrose 2080 3 2,684 

Moreau 6652 CT01 1 

New Madrid Power Plant 2167 1 8,190 

New Madrid Power Plant 2167 2 7,628 

Nodaway Power Plant 7754 1 0 

Nodaway Power Plant 7754 2 0 

Northeast Generating Station 2081 11 0 

Northeast Generating Station 2081 12 0 

Northeast Generating Station 2081 13 0 

Northeast Generating Station 2081 14 0 

Northeast Generating Station 2081 15 0 

Northeast Generating Station 2081 16 0 

Northeast Generating Station 2081 17 1 

Northeast Generating Station 2081 18 0 

Peno Creek Energy Center 7964 CT1A 0 

Peno Creek Energy Center 7964 CT1B 0 

Peno Creek Energy Center 7964 CT2A 0 

Peno Creek Energy Center 7964 CT2B 0 

Peno Creek Energy Center 7964 CT3A 0 

Peno Creek Energy Center 7964 CT3B 0 

Peno Creek Energy Center 7964 CT4A 0 

Peno Creek Energy Center 7964 CT4B 0 

Ralph Green Station 2092 3 0 

Rush Island 6155 1 9,492 

Rush Island 6155 2 8,700 

Sibley 2094 1 799 

Sibley 2094 2 788 

Sibley 2094 3 5,037 

Sikeston 6768 1 4,564 

Sioux 2107 1 6,743 

Sioux 2107 2 6,083 

South Harper Peaking Facility 56151 1 0 

South Harper Peaking Facility 56151 2 0 

South Harper Peaking Facility 56151 3 0 

St. Francis Power Plant 7604 1 1 

St. Francis Power Plant 7604 2 1 

State Line (MO) 7296 1 0 

State Line (MO) 7296 2-1 2 
(B) New Units.

1. Annual Submittal. For the TR SO2 Annual control period in

2017 and each control period thereafter, the director must submit to

EPA in a format prescribed by the administrator the TR SO2 Annual

allowances as determined under this subsection by July 1 of the

applicable control period.

2. New unit set-asides.

A. Allowance Calculation. Every year, the director will calculate the TR SO2 Annual allowance allocation to each TR SO2

Annual unit in a state, in accordance with subparagraphs (3)(B)3.B.

through (3)(B)3.G. and (3)(B)3.L. of this rule, for the control period

in the year of the applicable submittal deadline under paragraph

(3)(B)1. of this rule. Once the calculations are complete, the director

will contact all facilities that will receive allocations under subparagraphs (3)(B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule for

the control period in the year of the applicable submittal deadline

under paragraph (3)(B)1. of this rule to confirm that the calculations

were performed in accordance with this rule, and make adjustments

to the calculations if necessary.

B. Excess Allowances. If the new unit set-aside for such control

period has any TR SO2 Annual allowances remaining after the calculations performed under subparagraphs (3)(B)3.B. through (3)(B)3.G.

and (3)(B)3.L. of this rule have been completed, then allowances will

be calculated in accordance with subparagraph (3)(B)3.I. of this rule. 

C. Industry Requests for Excess Allowances. If an entity wishes to receive allowances in accordance with subparagraph (3)(B)3.I. of

this rule, for any control period, then by April 5 of the applicable control period, the entity must submit information to the director confirming that a TR SO2 Annual unit commenced commercial operation during the period starting January 1 of the year before the year of such

control period and ending March 31 of the year of such control period.

The submittal must also include the calculation of eligible allowances

for use in subparagraph (3)(B)3.I. of this rule, for each TR SO2

Annual unit that commenced commercial operation during the period

starting January 1 of the year before the year of such control period

and ending March 31 of the year of such control period.

(I) The calculation of eligible allowances must be in accordance with part (3)(B)3.I.(III) of this rule in order for such units to

be eligible to receive any allowances in accordance with subparagraph (3)(B)3.I. of this rule.

(II) Each year, the director will review any submissions

made in accordance with this paragraph to confirm that units identified in the submissions are TR SO2 Annual units that commenced

commercial operation during the year of such control period and ending March 31 of the year of such control period. The director will

also confirm that the submission includes the correct calculations for

eligible allowances in accordance with part (3)(B)3.I.(III) of this

rule. If, during the review, the director identifies any discrepancies

with the identified units or the calculations in a submission made in

accordance with this paragraph, the director may request additional

information from the entity that made the submission. If additional

information is requested, the entity must provide the requested information by the deadline specified in the information request; otherwise, units identified in such submission will not be eligible for

allowances in accordance with subparagraph (3)(B)3.I. of this rule

for the applicable control period.

D. Public Notification. The director will determine the TR

SO2 Annual allowance allocation to each TR SO2 Annual unit in

accordance with subparagraphs (3)(B)3.I., (3)(B)3.J., and (3)(B)3.L.

of this rule and 40 CFR 97.606(b)(2) and 40 CFR 97.630 through 40

CFR 97.635. By June 1 of each year, the director will issue a notification making available the results of all allowance determinations

from the new unit set-aside for the control period in which the notification is made.

(I) For each notification required in part (3)(B)2.D(II) of

this rule, the director will provide an opportunity for submission of

objections to the calculations referenced in such notice.

(II) If there are objections, the director will review them

and provide notification stating the outcome.

E. Allowance Changes. If any TR SO2 Annual allowances

are added to the new unit set-aside after submittals as required in

subparagraph (3)(B)2.C. of this rule, the director will issue additional notifications, as deemed appropriate, of the allocation of such TR

SO2 Annual allowances in accordance with subparagraph (3)(B)3.J.

of this rule.

3. New Unit Annual Allowance Allocation Methodology. For

each control period in 2017 and thereafter and for the TR SO2

Annual units in Missouri, the director will allocate TR SO2 Annual

allowances to the TR SO2 Annual units as follows:

A. Units Eligible to Receive Allowances. The TR SO2

Annual allowances will be allocated to the following TR SO2 Annual

units, except as provided in subparagraph (3)(B)3.J. of this rule:

(I) TR SO2 Annual units that are not listed in Table I in

paragraph (3)(A)2. of this rule;

(II) TR SO2 Annual units whose allocation of an amount of

TR SO2 Annual allowances for such control period listed in Table I

in paragraph (3)(A)2. of this rule is covered by 40 CFR 97.611(c)(2)

or (3);

(III) TR SO2 Annual units that are listed in Table I in paragraph (3)(A)2. of this rule and the allocation to such unit(s) is terminated for the applicable control period pursuant to paragraph (3)(A)2.

of this rule, and that operate during the control period immediately

Page 781 June 15, 2015

Vol. 40, No. 12 Missouri Register

State Line (MO) 7296 2-2 3 

Thomas Hill Energy Center 2168 MB1 2,982 

Thomas Hill Energy Center 2168 MB2 4,665 

Thomas Hill Energy Center 2168 MB3 9,621 

Viaduct 2096 CT01 0 

Total 160,959 

Note: Being included or excluded on the list of sources in Table I does not constitute a 

determination that such source is or is not a TR SO2 Annual unit. The determination of 

applicability for TR SO2 Annual units is in 40 CFR 97.604. 

 
preceding such control period; or

(IV) For purposes of subparagraph (3)(B)3.I. of this rule,

TR SO2 Annual units under 40 CFR 97.611(c)(1)(ii) whose allocation of an amount of TR SO2 Annual allowances for such control

period under paragraph (3)(B)2. of this rule is covered by 40 CFR

97.611(c)(2) or (3);

B. Total Allowances Available. The director will establish a

separate new unit set-aside for the state for each such control period.

Each such new unit set-aside will be allocated TR SO2 Annual

allowances in an amount equal to the difference between the

Missouri TR SO2 Annual trading budget for 2017 and thereafter, as

set forth in 40 CFR 97.610(a), and the total number of allowances

allocated in accordance with paragraph (3)(A)1. of this rule for such

control period. The new unit set-aside will be allocated additional

TR SO2 Annual allowances (if any) in accordance with paragraph

(3)(A)2. of this rule and 40 CFR 97.611(c)(5);

C. Eligible Control Periods. The director will determine, for

each TR SO2 Annual unit described in subparagraph (3)(B)3.A. of this

rule, an allocation of TR SO2 Annual allowances for the later of the

following control periods and for each subsequent control period:

(I) The control period in 2017;

(II) The first control period after the control period in

which the TR SO2 Annual unit commences commercial operation;

(III) For a unit described in part (3)(B)3.A.(II) of this rule,

the first control period in which the TR SO2 Annual unit operates in

the state after operating in another jurisdiction and for which the unit

is not already allocated one (1) or more TR SO2 Annual allowances;

and 

(IV) For a unit described in part (3)(B)3.A.(III) of this rule,

the first control period after the control period in which the unit

resumes operation, or the first control period in which the allocation

for such unit listed in Table I in paragraph (3)(A)2. of this rule is terminated pursuant to paragraph (3)(A)2. of this rule, whichever is later;

D. Allocations. The allocation to each TR SO2 Annual unit

described in parts (3)(B)3.A.(I) through (3)(B)3.A.(III) of this rule

and for each control period described in subparagraph (3)(B)3.C. of

this rule will be an amount equal to the unit’s total tons of SO2 emissions during the immediately preceding control period. The director

will adjust the allocation amount in this subparagraph in accordance

with subparagraphs (3)(B)3.E. through (3)(B)3.G. and (3)(B)3.L. of

this rule;

E. Sum of Allowances. The director will calculate the sum of

the TR SO2 Annual allowances determined for all such TR SO2

Annual units under subparagraph (3)(B)3.D. of this rule in the state

for such control period;

F. Extra Allowance Allocation. If the amount of TR SO2

Annual allowances in the new unit set-aside for the state for such

control period is greater than or equal to the sum under subparagraph

(3)(B)3.E. of this rule, then the director will allocate the amount of

TR SO2 Annual allowances determined for each such TR SO2

Annual unit under subparagraph (3)(B)3.D. of this rule;

G. Insufficient Allowance Allocation. If the amount of TR

SO2 Annual allowances in the new unit set-aside for the state for such

control period is less than the sum under subparagraph (3)(B)3.E. of

this rule, then the director will allocate to each such TR SO2 Annual

unit the amount of the TR SO2 Annual allowances determined under

subparagraph (3)(B)3.D. of this rule for the unit, multiplied by the

amount of TR SO2 Annual allowances in the new unit set-aside for

such control period, divided by the sum under subparagraph

(3)(B)3.E. of this rule, and rounded to the nearest allowance;

H. Confirmation of Allowances. The director will contact

facilities as described in subparagraph (3)(B)2.A. of this rule to confirm the amount of TR SO2 Annual allowances allocated under subparagraphs (3)(B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule

for such control period to each TR SO2 Annual unit eligible for such

allocation.

I. Allowance Calculation for Units That Recently Began

Operation. If, after completion of the procedures under subparagraphs (3)(B)3.E. through (3)(B)3.H. of this rule for such control

period, any unallocated TR SO2 Annual allowances remain in the

new unit set-aside for the state for such control period, the director

will allocate such TR SO2 Annual allowances as follows:

(I) For any submission made in accordance with subparagraph (3)(B)2.B. of this rule, the submitting entity may include the

calculation of eligible allowances for such control period as specified

in part (3)(B)3.I.(III) of this rule. If such submission is not made or

fails to include the calculation of eligible allowances under this part

by the April 5 deadline, or if the entity fails to provide additional

information requested in accordance with part (3)(B)2.C.(II) of this

rule by the applicable deadline, then no allowances will be awarded

to such unit in accordance with this subparagraph for such control

period;

(II) The director will review submissions made in accordance with subparagraph (3)(B)2.C. of this rule, as specified in part

(3)(B)2.C.(II) of this rule and may adjust the units identified in such

submission if they are not eligible for allowances under this subparagraph, and the director may also adjust the calculation of eligible

allowances included in such submission to ensure they are in accordance with part (3)(B)3.I.(III) of this rule;

(III) The calculation of eligible TR SO2 Annual allowances

for a specific control period for TR SO2 Annual units that commenced commercial operation during the period starting January 1 of

the year before the year of such control period and ending March 31

of the year of such control period must be as follows;

Where:

EA = eligible TR SO2 Annual Allowances

ER = the unit’s permitted emission rate from the unit’s

 construction permit approved under 10 CSR 10-

 6.060 (lb/mmBTU)

HR = the heat rate efficiency for the generator that the

 unit serves (BTU/kW-hr)

NPCap = nameplate capacity of the generator that the unit

 serves (MWe)

CPTot = number of days in the control period

CF = the unit’s default capacity factor from Table II 

 below

(IV) The director will determine, for each unit described in

subparagraph (3)(B)3.A. of this rule that commenced commercial

operation during the period starting January 1 of the year before the

year of such control period and ending March 31 of the year of such

control period, the positive difference (if any) between the unit’s emissions during the previous control period and the amount of eligible TR

Page 782 Proposed Rules

June 15, 2015

Vol. 40, No. 12

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Table II – Default Capacity Factors for New Units 

Unit Types Annual SO2 & NOx

Programs 

Ozone Season NOx

Program 

Coal-Fired Steam Boiler 0.85 0.92 

IGCC (Coal Gasification) 0.74 0.73 

Oil-Fired Steam Boiler 0.30 0.39 

Natural Gas-Fired Steam 

Boiler 0.44 0.47 

Simple Cycle Combustion 

Turbine 0.24 0.32 

Combined Cycle 

Combustion Turbine 0.66 0.71 
SO2 Annual allowances as calculated under part (3)(B)3.I.(III) of this

rule;

(V) The director will determine the sum of the positive differences determined under part (3)(B)3.I.(IV) of this rule;

(VI) If the amount of unallocated TR SO2 Annual

allowances remaining in the new unit set-aside for the state for such

control period is greater than or equal to the sum determined under

part (3)(B)3.I.(V) of this rule, then the director will allocate the

amount of TR SO2 Annual allowances determined for each such TR

SO2 Annual unit under part (3)(B)3.I.(IV) of this rule; and

(VII) If the amount of unallocated TR SO2 Annual

allowances remaining in the new unit set-aside for the state for such

control period is less than the sum under part (3)(B)3.I.(V) of this

rule, then the director will allocate to each such TR SO2 Annual unit

the amount of the TR SO2 Annual allowances determined under part

(3)(B)3.I.(IV) of this rule for the unit, multiplied by the amount of

unallocated TR SO2 Annual allowances remaining in the new unit

set-aside for such control period, divided by the sum under part

(3)(B)3.I.(V) of this rule, and rounded to the nearest allowance;

J. Distribution of Remaining Allocations. If, after completion

of the procedures under subparagraphs (3)(B)3.I. and (3)(B)3.L. of

this rule for such control period, any unallocated TR SO2 Annual

allowances remain in the new unit set-aside for the state for such control period, the director will allocate to each TR SO2 Annual unit

that is in the state, is allocated an amount of TR SO2 Annual

allowances listed in Table I in paragraph (3)(A)2. of this rule, and

continues to be allocated TR SO2 Annual allowances for such control

period in accordance with paragraph (3)(A)2. of this rule, an amount

of TR SO2 Annual allowances equal to the following: the total

amount of such remaining unallocated TR SO2 Annual allowances in

such new unit set-aside, multiplied by the unit’s allocation listed in

Table I in paragraph (3)(A)2. of this rule for such control period,

divided by the remainder of the amount of tons in the applicable state

SO2 Annual trading budget minus the amount of tons in such new

unit set-aside for the state for such control period, and rounded to the

nearest allowance;

K. Public Notification. The director will issue notifications

as described in subparagraphs (3)(B)2.D. and (3)(B)2.E. of this rule,

of the amount of TR SO2 Annual allowances allocated under subparagraphs (3)(B)3.B. through (3)(B)3.G., (3)(B)3.I., (3)(B)3.J.,

and (3)(B)3.L. of this rule for such control period to each TR SO2

Annual unit eligible for such allocation; and

L. Allocation Tabulations That Exceed or Are Less Than the

New Unit Set-Aside.

(I) Notwithstanding the requirements of subparagraphs

(3)(B)3.B. through (3)(B)3.K. of this rule, if the calculations of allocations of a new unit set-aside for a control period in a given year

under subparagraph (3)(B)3.G. of this rule, subparagraph (3)(B)3.F.

and part (3)(B)3.I.(VII) of this rule, or subparagraph (3)(B)3.F., part

(3)(B)3.I.(VI), and subparagraph (3)(B)3.J. of this rule would otherwise result in total allocations of such new unit set-aside exceeding

the total amount of such new unit set-aside, then the director will

adjust the results of the calculations under subparagraph (3)(B)3.G.,

part (3)(B)3.I.(VII), or subparagraph (3)(B)3.J. of this rule, as

applicable, as follows. The director will list the TR SO2 Annual units

in descending order based on the amount of such units’ allocations

under subparagraph (3)(B)3.G., part (3)(B)3.I.(VII), or subparagraph (3)(B)3.J. of this rule, as applicable, and, in cases of equal

allocation amounts, in alphabetical order of the relevant source’s

name and numerical order of the relevant unit’s identification number, and will reduce each unit’s allocation under subparagraph

(3)(B)3.G., part (3)(B)3.I.(VII), or subparagraph (3)(B)3.J. of this

rule, as applicable, by one (1) TR SO2 Annual allowance (but not

below zero (0)) in the order in which the units are listed and will

repeat this reduction process as necessary, until the total allocations

of such new unit set-aside equal the total amount of such new unit

set-aside.

(II) Notwithstanding the requirements of subparagraphs

(3)(B)3.J. and (3)(B)3.K. of this rule, if the calculations of allocations of a new unit set-aside for a control period in a given year under

subparagraph (3)(B)3.F., part (3)(B)3.I.(VI), and subparagraph

(3)(B)3.J. of this rule would otherwise result in a total allocations of

such new unit set-aside less than the total amount of such new unit

set-aside, then the director will adjust the results of the calculations

under subparagraph (3)(B)3.J. of this rule, as follows. The director

will list the TR SO2 Annual units in descending order based on the

amount of such units’ allocations under subparagraph (3)(B)3.J. of

this rule and, in cases of equal allocation amounts, in alphabetical

order of the relevant source’s name and numerical order of the relevant unit’s identification number, and will increase each unit’s allocation under subparagraph (3)(B)3.J. of this rule by one (1) TR SO2

Annual allowance in the order in which the units are listed and will

repeat this increase process as necessary, until the total allocations of

such new unit set-aside equal the total amount of such new unit setaside.

(4) Reporting and Record Keeping. The director shall maintain TR

SO2 Annual unit allowance records submitted to EPA for each TR

SO2 Annual control period for a minimum of five (5) years.

(5) Test Methods. (Not Applicable).

AUTHORITY section 643.050, RSMo Supp. 2013. Original rule filed

May 15, 2015.

PUBLIC COST: This proposed rule will not cost state agencies or

political subdivisions more than five hundred dollars ($500) in the

aggregate.

PRIVATE COST: This proposed rule will not cost private entities

more than five hundred dollars ($500) in the aggregate.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed rule will begin at 1:30

p.m., August 3, 2015. The public hearing will be held at the Elm

Street Conference Center, 1730 East Elm Street, Lower Level,

Bennett Springs Conference Room, Jefferson City, Missouri.

Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit

a written or email statement of their views until 5:00 p.m., August

10, 2015. 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 783 June 15, 2015

Vol. 40, No. 12 Missouri Register
November 2, 2015

Vol. 40, No. 21

COMMENT #1: Staff explained that the rule has been modified and

moved to a new Chapter 28 in the commission’s rules. 

RESPONSE: The commission thanks staff for its comment and

agrees the rule should be rescinded. 

Title 5—DEPARTMENT OF ELEMENTARY

AND SECONDARY EDUCATION

Division 20—Division of Learning Services

Chapter 600—Office of Early and Extended Learning

ORDER OF RULEMAKING

By the authority vested in the State Board of Education under section

161.092, RSMo Supp. 2014, and sections 178.691–178.699, RSMo

2000 and RSMo Supp. 2013, the board amends a rule as follows:

5 CSR 20-600.110 is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on July 1, 2015

(40 MoReg 834). Those sections with changes are reprinted here;

however, changes have been made in the incorporated by reference,

Early Childhood Development Act Administrative Manual. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: The board received one (1) comment from one (1) individual regarding the proposed amendment and

grammatical changes for consistency from the department staff.

COMMENT #1: Received one (1) comment from Colleen Ratcliff,

Lamar School District, noted a duplication of the term “Affiliate

Quality Assessment” in section 2.5. 

RESPONSE AND EXPLANATION OF CHANGE: The

Department of Elementary and Secondary Education (department)

reviewed the comment and will amend subsection (1)(B) to reflect

the revision date change and the incorporated by reference material,

specifically section 2.5 using the terms “Parent Questionnaire” and

“Affiliate Quality Assessment” once.

5 CSR 20-600.110 General Provisions Governing Programs

Authorized Under the Early Childhood Development Act

(1) All programs and projects carried out by school districts under

the Early Childhood Development Act (ECDA) shall be conducted in

conformity with—

(B) The state Early Childhood Development Act Administrative

Manual, revised August 2015, which is incorporated by reference

and made a part of this rule as published by the Department of

Elementary and Secondary Education (department) and is available

at the Early Learning Section, 205 Jefferson Street, PO Box 480,

Jefferson City, MO 65102-0480 or on the department’s website. This

rule does not incorporate any subsequent amendments or additions.

The Early Childhood Development Act Administrative Manual interprets state statutory requirements for the programs and establishes

program management procedures consistent with state law and practice.

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. 2013, the commission adopts a

rule as follows:

10 CSR 10-6.372 is adopted.

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on June 15, 2015 (40

MoReg 753–764). Those sections with changes are reprinted here.

This proposed rule 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 four (4) comments

from one (1) source; the U.S. Environmental Protection Agency

(EPA).

COMMENT #1: EPA commented that the purpose statement for this

rule should be revised to clarify that the methodologies for reallocating allowances are not being changed, but that the rule is simply reallocating allowances for use with EPA’s Cross-State Air Pollution Rule

(CSAPR) trading program. Additionally, EPA commented that the

purpose statement be modified to more clearly state that this rule

only reallocates allowances under the federal CSAPR program and

that EPA will continue to administer the federal CSAPR program. 

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, the rule purpose statement has been changed to more

accurately state the objective of the rule.

COMMENT #2: EPA commented that subparagraphs (3)(B)2.C. and

(3)(B)3.I. refer to an “entity”, yet this term is not defined in the definition section of this rule or in 10 CSR 10-6.020. The term “entity”,

as it is used in subparagraphs (3)(B)2.C and (3)(B)3.I., refers to the

individual that may request allowances set aside for newly affected

units. EPA recommends that it can be the owner, operator, or designated representative (as defined in 40 CFR 97.402) of a newly affected unit that can make such a request. EPA recommends that the

department provide a definition for this term in order to provide clarity.

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, the term “entity” has been removed and replaced with

the phrase “facility owner, operator, or designated representative” in

subparagraph (3)(B)2.C., part (3)(B)2.C.(II), and part (3)(B)3.I.(I)

to clarify individuals that are eligible to request allowances for newly

affected units. 

COMMENT #3: EPA commented that subsection (2)(A) indicates

that definitions for key words and phrases used in this rule may be

found in 40 CFR 97.402 and 40 CFR 97.403 promulgated as of June

30, 2014, and section (3) indicates that this rule replaces 40 CFR

97.411(a), 40 CFR 97.411(b)(1) and 40 CFR 97.412(a) as promulgated as of June 30, 2014. EPA recommends that the June 30, 2014

date be replaced with July 1, 2014, since that is the date of publication of the CFR.

RESPONSE AND EXPLANATION OF CHANGE: As recommended, subsection (2)(A) has been changed from June 30, 2014 to July

1, 2014 to reflect the annual publication of the Code of Federal

Regulations.

COMMENT #4: EPA commented that part (3)(B)3.I.(I) includes a

citation to subparagraph (3)(B)2.B. It appears that this may be a typo

and should reference subparagraph (3)(B)2.C.

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, part (3)(B)3.I.(I) has been revised to correct the reference to subparagraph (3)(B)2.C.

10 CSR 10-6.372 Cross-State Air Pollution Rule Annual NOx

Trading Allowance Allocations

Page 1562 Orders of Rulemaking
PURPOSE: The purpose of this rule is to reallocate annual nitrogen

oxides (NOx) emission allowances for use with the U.S. Environmental

Protection Agency’s (EPA’s) annual NOx regional emission reduction

program as established in the federal Cross-State Air Pollution Rule

(CSAPR) for 2017 and beyond. The federal CSAPR program will continue to be administered by EPA. The state rule only redistributes

annual NOx allowances. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is the September 13,

2011, December 16, 2014, and March 24, 2015 affected industry meeting summaries indicating general agreement to reallocate unused NOx

allowances to municipalities that received zero (0) allowances.

(2) Definitions.

(A) Definitions for key words and phrases used in this rule may be

found in 40 CFR 97.402 and 40 CFR 97.403 promulgated as of July

1, 2014, and Federal Register Notice 79 FR 71663 promulgated on

December 3, 2014, are hereby incorporated by reference as published by the Office of the Federal Register, U.S. National Archives

and Records, 700 Pennsylvania Avenue NW, Washington, D.C.

20408.

(3) General Provisions. This rule replaces 40 Code of Federal

Regulations (CFR) 97.411(a), 40 CFR 97.411(b)(1) and 40 CFR

97.412(a) promulgated as of June 30, 2014, and Federal Register

Notice 79 FR 71663 promulgated on December 3, 2014, as published by the Office of the Federal Register, U.S. National Archives

and Records, 700 Pennsylvania Avenue NW, Washington, D.C.

20408.

(B) New Units.

1. Annual Submittal. For the TR NOx Annual control period in

2017 and each control period thereafter, the director must submit to

EPA, in a format prescribed by the administrator, the TR NOx

Annual allowances as determined under this subsection by July 1 of

the applicable control period.

2. New Unit Set-Asides.

A. Allowance Calculation. Every year, the director will calculate the TR NOx Annual allowance allocation to each TR NOx

Annual unit in a state, in accordance with subparagraphs (3)(B)3.B.

through (3)(B)3.G. and (3)(B)3.L. of this rule, for the control period

in the year of the applicable submittal deadline under paragraph

(3)(B)1. of this rule. Once the calculations are complete, the director

will contact all facilities that will receive allocations under subparagraphs (3)(B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule for

the control period in the year of the applicable submittal deadline

under paragraph (3)(B)1. of this rule to confirm that the calculations

were performed in accordance with this rule, and make adjustments

to the calculations if necessary.

B. Excess Allowances. If the new unit set-aside for such control period has any TR NOx Annual allowances remaining after the

calculations performed under subparagraphs (3)(B)3.B. through

(3)(B)3.G. and (3)(B)3.L. of this rule have been completed, then

allowances will be calculated in accordance with subparagraph

(3)(B)3.I. of this rule.

C. Industry Requests for Excess Allowances. If a facility

owner, operator, or designated representative wishes to receive

allowances in accordance with subparagraph (3)(B)3.I. of this rule,

for any control period, then by April 5 of the applicable control period, the facility owner, operator, or designated representative must

submit information to the director confirming that a TR NOx Annual

unit commenced commercial operation during the period starting

January 1 of the year before the year of such control period and ending March 31 of the year of such control period. The submittal must

also include the calculation of eligible allowances for use in subparagraph (3)(B)3.I. of this rule, for each TR NOx Annual unit that commenced commercial operation during the period starting January 1 of

the year before the year of such control period and ending March 31

of the year of such control period. 

(I) The calculation of eligible allowances must be in accordance with part (3)(B)3.I.(III) of this rule in order for such units to

be eligible to receive any allowances in accordance with subparagraph (3)(B)3.I. of this rule.

(II) Each year, the director will review any submissions

made in accordance with this paragraph to confirm that units identified in the submissions are TR NOx Annual units that commenced

commercial operation during the period starting January 1 of the year

before the year of such control period and ending March 31 of the

year of such control period. The director will also confirm that the

submission includes the correct calculations for eligible allowances in

accordance with part (3)(B)3.I.(III) of this rule. If, during the review,

the director identifies any discrepancies with the identified units or

the calculations in a submission made in accordance with this paragraph, the director may request additional information from the facility owner, operator, or designated representative that made the submission. If additional information is requested, the facility owner,

operator, or designated representative must provide the requested

information by the deadline specified in the information request; otherwise, units identified in such submission will not be eligible for

allowances in accordance with subparagraph (3)(B)3.I. of this rule

for the applicable control period.

D. Public Notification. The director will determine the TR

NOx Annual allowance allocation to each TR NOx Annual unit in

accordance with subparagraphs (3)(B)3.I., (3)(B)3.J., and (3)(B)3.L.

of this rule and 40 CFR 97.406(b)(2) and 40 CFR 97.430 through 40

CFR 97.435. By June 1 of each year, the director will issue a notification making available the results of all allowance determinations

from the new unit set-aside for the control period in which the notification is made.

(I) For each notification required in part (3)(B)2.D.(II) of

this rule, the director will provide an opportunity for submission of

objections to the calculations referenced in such notice.

(II) If there are objections, the director will review them

and provide notification stating the outcome.

E. Allowance Changes. If any TR NOx Annual allowances

are added to the new unit set-aside after submittals as required in

subparagraph (3)(B)2.C. of this rule, the director will issue additional notifications, as deemed appropriate, of the allocation of such TR

NOx Annual allowances in accordance with subparagraph (3)(B)3.J.

of this rule.

3. New Unit Annual Allowance Allocation Methodology. For

each control period in 2017 and thereafter and for the TR NOx

Annual units in Missouri, the director will allocate TR NOx Annual

allowances to the TR NOx Annual units as follows:

A. Units Eligible to Receive Allowances. The TR NOx

Annual allowances will be allocated to the following TR NOx Annual

units, except as provided in subparagraph (3)(B)3.J. of this rule:

(I) TR NOx Annual units that are not listed in Table I in

paragraph (3)(A)2. of this rule;

(II) TR NOx Annual units whose allocation of an amount

of TR NOx Annual allowances for such control period listed in Table

I in paragraph (3)(A)2. of this rule is covered by 40 CFR

97.411(c)(2) or (3);

(III) TR NOx Annual units that are listed in Table I in paragraph (3)(A)2. of this rule and the allocation to such unit(s) is terminated for the applicable control period pursuant to paragraph

(3)(A)2. of this rule, and that operate during the control period

immediately preceding such control period; or

(IV) For purposes of subparagraph (3)(B)3.I. of this rule,

TR NOx Annual units under 40 CFR 97.411(c)(1)(ii) whose allocation of an amount of TR NOx Annual allowances for such control

period under paragraph (3)(B)2. of this rule is covered by 40 CFR

97.411(c)(2) or (3);

B. Total Allowances Available. The director will establish a

separate new unit set-aside for the state for each such control period.

Each such new unit set-aside will be allocated TR NOx Annual

allowances in an amount equal to the difference between the Missouri

TR NOx Annual trading budget for 2017 and thereafter, as set forth

Page 1563 November 2, 2015

Vol. 40, No. 21 Missouri Register
November 2, 2015

Vol. 40, No. 21

in 40 CFR 97.410(a), and the total number of allowances allocated

in accordance with paragraph (3)(A)1. of this rule for such control

period. The new unit set-aside will be allocated additional TR NOx

Annual allowances (if any) in accordance with paragraph (3)(A)2. of

this rule and 40 CFR 97.411(c)(5);

C. Eligible Control Periods. The director will determine, for

each TR NOx Annual unit described in subparagraph (3)(B)3.A. of

this rule, an allocation of TR NOx Annual allowances for the later of

the following control periods and for each subsequent control period:

(I) The control period in 2017;

(II) The first control period after the control period in

which the TR NOx Annual unit commences commercial operation;

(III) For a unit described in part (3)(B)3.A.(II) of this rule,

the first control period in which the TR NOx Annual unit operates in

the state after operating in another jurisdiction and for which the unit

is not already allocated one (1) or more TR NOx Annual allowances;

and 

(IV) For a unit described in part (3)(B)3.A.(III) of this

rule, the first control period after the control period in which the unit

resumes operation, or the first control period in which the allocation

for such unit listed in Table I in paragraph (3)(A)2. of this rule is terminated pursuant to paragraph (3)(A)2. of this rule, whichever is

later;

D. Allocations. The allocation to each TR NOx Annual unit

described in parts (3)(B)3.A.(I) through (3)(B)3.A.(III) of this rule

and for each control period described in subparagraph (3)(B)3.C. of

this rule will be an amount equal to the unit’s total tons of NOx emissions during the immediately preceding control period. The director

will adjust the allocation amount in this subparagraph in accordance

with subparagraphs (3)(B)3.E. through (3)(B)3.G. and (3)(B)3.L. of

this rule;

E. Sum of Allowances. The director will calculate the sum of

the TR NOx Annual allowances determined for all such TR NOx

Annual units under subparagraph (3)(B)3.D. of this rule in the state

for such control period;

F. Extra Allowance Allocation. If the amount of TR NOx

Annual allowances in the new unit set-aside for the state for such

control period is greater than or equal to the sum under subparagraph

(3)(B)3.E. of this rule, then the director will allocate the amount of

TR NOx Annual allowances determined for each such TR NOx

Annual unit under subparagraph (3)(B)3.D. of this rule;

G. Insufficient Allowance Allocation. If the amount of TR

NOx Annual allowances in the new unit set-aside for the state for

such control period is less than the sum under subparagraph

(3)(B)3.E. of this rule, then the director will allocate to each such

TR NOx Annual unit the amount of the TR NOx Annual allowances

determined under subparagraph (3)(B)3.D. of this rule for the unit,

multiplied by the amount of TR NOx Annual allowances in the new

unit set-aside for such control period, divided by the sum under subparagraph (3)(B)3.E. of this rule, and rounded to the nearest

allowance;

H. Confirmation of Allowances. The director will contact

facilities as described in subparagraph (3)(B)2.A. of this rule to confirm the amount of TR NOx Annual allowances allocated under subparagraphs (3)(B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule

for such control period to each TR NOx Annual unit eligible for such

allocation;

I. Allowance Calculation for Units That Recently Began

Operation. If, after completion of the procedures under subparagraphs (3)(B)3.E. through (3)(B)3.H. of this rule for such control

period, any unallocated TR NOx Annual allowances remain in the

new unit set-aside for the state for such control period, the director

will allocate such TR NOx Annual allowances as follows:

(I) For any submission made in accordance with subparagraph (3)(B)2.C. of this rule, the submitting facility owner, operator,

or designated representative may include the calculation of eligible

allowances for such control period as specified in part (3)(B)3.I.(III)

of this rule. If such submission is not made or fails to include the calculation of eligible allowances under this part by the April 5 deadline, or if the facility owner, operator, or designated representative

fails to provide additional information requested in accordance with

part (3)(B)2.C.(II) of this rule by the applicable deadline, then no

allowances will be awarded to such unit in accordance with this subparagraph for such control period;

(II) The director will review submissions made in accordance with subparagraph (3)(B)2.C. of this rule, as specified in part

(3)(B)2.C.(II) of this rule and may adjust the units identified in such

submission if they are not eligible for allowances under this subparagraph, and the director may also adjust the calculation of eligible

allowances included in such submission to ensure they are in accordance with part (3)(B)3.I.(III) of this rule;

(III) The calculation of eligible TR NOx Annual allowances

for a specific control period for TR NOx Annual units that commenced commercial operation during the period starting January 1 of

the year before the year of such control period and ending March 31

of the year of such control period must be as follows;

Where:

EA = eligible TR NOx Annual Allowances

ER = the unit’s permitted emission rate from the unit’s construc-

 tion permit approved under 10 CSR 10-6.060 (lb/mmBTU)

HR = the heat rate efficiency for the generator that the unit serves 

 (BTU/KW-hr)

NPCap = nameplate capacity of the generator that the unit serves 

 (MWe)

CPTot = number of days in the control period

CF = the unit’s default capacity factor from Table II below

(IV) The director will determine, for each unit described

in subparagraph (3)(B)3.A. of this rule that commenced commercial

operation during the period starting January 1 of the year before the

year of such control period and ending March 31 of the year of such

control period, the positive difference (if any) between the unit’s

emissions during the previous control period and the amount of eligible TR NOx Annual allowances as calculated under part

(3)(B)3.I.(III) of this rule;

(V) The director will determine the sum of the positive differences determined under part (3)(B)3.I.(IV) of this rule;

(VI) If the amount of unallocated TR NOx Annual

allowances remaining in the new unit set-aside for the state for such

control period is greater than or equal to the sum determined under

part (3)(B)3.I.(V) of this rule, then the director will allocate the

amount of TR NOx Annual allowances determined for each such TR

NOx Annual unit under part (3)(B)3.I.(IV) of this rule; and

Page 1564 Orders of Rulemaking

ܣܧ ൌ ሺாோሻሺுோሻ൫ே௉಴ೌ೛൯ሺ஼௉೅೚೟ሻሺ஼ிሻሺଶସ௛௢௨௥௦

ௗ௔௬ ൗ ሻቀଵǡ଴଴଴௞ௐ

ெௐ೐ ൗ ቁ

൫ଶǡ଴଴଴௟௕

௧௢௡ ൗ ൯൫ଵǡ଴଴଴ǡ଴଴଴஻்௎

௠௠஻்௎ ൗ ൯

 Table II – Default Capacity Factors for New Units 

Unit Types Annual SO2 & NOx

Programs 

Ozone Season NOx

Program 

Coal-Fired Steam Boiler 0.85 0.92 

IGCC (Coal Gasification) 0.74 0.73 

Oil-Fired Steam Boiler 0.30 0.39 

Natural Gas-Fired Steam 

Boiler 0.44 0.47 

Simple Cycle Combustion 

Turbine 0.24 0.32 

Combined Cycle 

Combustion Turbine 0.66 0.71 
(VII) If the amount of unallocated TR NOx Annual

allowances remaining in the new unit set-aside for the state for such

control period is less than the sum under part (3)(B)3.I.(V) of this

rule, then the director will allocate to each such TR NOx Annual unit

the amount of the TR NOx Annual allowances determined under part

(3)(B)3.I.(IV) of this rule for the unit, multiplied by the amount of

unallocated TR NOx Annual allowances remaining in the new unit

set-aside for such control period, divided by the sum under part

(3)(B)3.I.(V) of this rule, and rounded to the nearest allowance;

J. Distribution of Remaining Allocations. If, after completion of the procedures under subparagraphs (3)(B)3.I. and (3)(B)3.L.

of this rule for such control period, any unallocated TR NOx Annual

allowances remain in the new unit set-aside for the state for such control period, the director will allocate to each TR NOx Annual unit

that is in the state, is allocated an amount of TR NOx Annual

allowances listed in Table I in paragraph (3)(A)2. of this rule, and

continues to be allocated TR NOx Annual allowances for such control

period in accordance with paragraph (3)(A)2. of this rule, an amount

of TR NOx Annual allowances equal to the following: the total

amount of such remaining unallocated TR NOx Annual allowances in

such new unit set-aside, multiplied by the unit’s allocation listed in

Table I in paragraph (3)(A)2. of this rule for such control period,

divided by the remainder of the amount of tons in the applicable state

NOx Annual trading budget minus the amount of tons in such new

unit set-aside for the state for such control period, and rounded to the

nearest allowance;

K. Public Notification. The director will issue notifications

as described in subparagraphs (3)(B)2.D. and (3)(B)2.E. of this rule,

of the amount of TR NOx Annual allowances allocated under subparagraphs (3)(B)3.B. through (3)(B)3.G., (3)(B)3.I., (3)(B)3.J.,

and (3)(B)3.L. of this rule for such control period to each TR NOx

Annual unit eligible for such allocation; and

L. Allocation Tabulations That Exceed or Are Less Than the

New Unit Set-Aside.

(I) Notwithstanding the requirements of subparagraphs

(3)(B)3.B. through (3)(B)3.K. of this rule, if the calculations of allocations of a new unit set-aside for a control period in a given year

under subparagraph (3)(B)3.G. of this rule, subparagraph (3)(B)3.F.

and part (3)(B)3.I.(VII) of this rule, or subparagraph (3)(B)3.F., part

(3)(B)3.I.(VI), and subparagraph (3)(B)3.J. of this rule would otherwise result in total allocations of such new unit set-aside exceeding

the total amount of such new unit set-aside, then the director will

adjust the results of the calculations under subparagraph (3)(B)3.G.,

part (3)(B)3.I.(VII), or subparagraph (3)(B)3.J. of this rule, as

applicable, as follows. The director will list the TR NOx Annual units

in descending order based on the amount of such units’ allocations

under subparagraph (3)(B)3.G., part (3)(B)3.I.(VII), or subparagraph (3)(B)3.J. of this rule, as applicable, and, in cases of equal

allocation amounts, in alphabetical order of the relevant source’s

name and numerical order of the relevant unit’s identification number, and will reduce each unit’s allocation under subparagraph

(3)(B)3.G., part (3)(B)3.I.(VII), or subparagraph (3)(B)3.J. of this

rule, as applicable, by one (1) TR NOx Annual allowance (but not

below zero (0)) in the order in which the units are listed and will

repeat this reduction process as necessary, until the total allocations

of such new unit set-aside equal the total amount of such new unit

set-aside.

(II) Notwithstanding the requirements of subparagraphs

(3)(B)3.J. and (3)(B)3.K. of this rule, if the calculations of allocations of a new unit set-aside for a control period in a given year under

subparagraph (3)(B)3.F., part (3)(B)3.I.(VI), and subparagraph

(3)(B)3.J. of this rule would otherwise result in a total allocations of

such new unit set-aside less than the total amount of such new unit

set-aside, then the director will adjust the results of the calculations

under subparagraph (3)(B)3.J. of this rule, as follows. The director

will list the TR NOx Annual units in descending order based on the

amount of such units’ allocations under subparagraph (3)(B)3.J. of

this rule and, in cases of equal allocation amounts, in alphabetical

order of the relevant source’s name and numerical order of the relevant unit’s identification number, and will increase each unit’s allocation under subparagraph (3)(B)3.J. of this rule by one (1) TR NOx

Annual allowance in the order in which the units are listed and will

repeat this increase process as necessary, until the total allocations of

such new unit set-aside equal the total amount of such new unit setaside.

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. 2013, the commission adopts a rule as follows:

10 CSR 10-6.374 is adopted.

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on June 15, 2015 (40

MoReg 765–776). Those sections with changes are reprinted here.

This proposed rule becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: The Missouri Department of Natural

Resources’ Air Pollution Control Program received five (5) comments

from one (1) source; the U.S. Environmental Protection Agency

(EPA).

COMMENT #1: EPA commented that the purpose statement for this

rule should be revised to clarify that the methodologies for reallocating allowances are not being changed, but that the rule is simply reallocating allowances for use with EPA’s Cross-State Air Pollution Rule

(CSAPR) trading program. Additionally, EPA commented that the

purpose statement be modified to more clearly state that this rule

only reallocates allowances under the federal CSAPR program and

that EPA will continue to administer the federal CSAPR program. 

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, the rule purpose statement has been changed to more

accurately state the objective of the rule.

COMMENT #2: EPA commented that subparagraphs (3)(B)2.C. and

(3)(B)3.I. refer to an “entity”, yet this term is not defined in the definition section of this rule or in 10 CSR 10-6.020. The term “entity”,

as it is used in subparagraphs (3)(B)2.C and (3)(B)3.I., refers to the

individual that may request allowances set aside for newly affected

units. EPA recommends that it can be the owner, operator, or designated representative (as defined in 40 CFR 97.502) of a newly affected unit that can make such a request. EPA recommends that the

department provide a definition for this term in order to provide clarity.

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, the term “entity” has been removed and replaced with

the phrase “facility owner, operator, or designated representative” in

subparagraph (3)(B)2.C., part (3)(B)2.C.(II), and part (3)(B)3.I.(I)

to clarify individuals that are eligible to request allowances for newly

affected units.

COMMENT #3: EPA commented that subsection (2)(A) indicates

that definitions for key words and phrases used in this rule may be

found in 40 CFR 97.502 and 40 CFR 97.503 promulgated as of June

30, 2014, and section (3) indicates that this rule replaces 40 CFR

97.511(a), 40 CFR 97.511(b)(1) and 40 CFR 97.512(a) as promulgated as of June 30, 2014. EPA recommends that the June 30, 2014

Page 1565 November 2, 2015

Vol. 40, No. 21 Missouri Register
November 2, 2015

Vol. 40, No. 21

date be replaced with July 1, 2014, since that is the date of publication of the CFR.

RESPONSE AND EXPLANATION OF CHANGE: As recommended, subsection (2)(A) has been changed from June 30, 2014 to July

1, 2014 to reflect the annual publication of the Code of Federal

Regulations.

COMMENT #4: EPA commented that part (3)(B)3.I.(I) includes a

citation to subparagraph (3)(B)2.B. It appears that this may be a typo

and should reference subparagraph (3)(B)2.C.

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, part (3)(B)3.I.(I) has been revised to correct the reference to subparagraph (3)(B)2.C.

COMMENT: #5: EPA commented that the total at the end of Table

1 in paragraph (3)(A)2. should be 19,831 tons rather than 19,830

tons. EPA recommends that the department recalculate the total provided in the proposed rule to determine if it has been correctly calculated.

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, the total at the end of Table 1 has been updated to

19,831 tons.

10 CSR 10-6.374 Cross-State Air Pollution Rule Ozone Season

NOx Trading Allowance Allocations

PURPOSE: The purpose of this rule is to reallocate ozone season

nitrogen oxides (NOx) emission allowances for use with the U.S.

Environmental Protection Agency’s (EPA’s) ozone season NOx

regional emission reduction program as established in the federal

Cross-State Air Pollution Rule (CSAPR) for 2017 and beyond. The

federal CSAPR program will continue to be administered by EPA.

The state rule only redistributes ozone season NOx allowances. The

evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is the September 13, 2011, December 16, 2014,

and March 24, 2015 affected industry meeting summaries indicating

general agreement to reallocate unused NOx allowances to municipalities that received zero (0) allowances.

(2) Definitions.

(A) Definitions for key words and phrases used in this rule may be

found in 40 CFR 97.502 and 40 CFR 97.503 promulgated as of July

1, 2014, and Federal Register Notice 79 FR 71663 promulgated on

December 3, 2014, are hereby incorporated by reference as published by the Office of the Federal Register, U.S. National Archives

and Records, 700 Pennsylvania Avenue NW, Washington, D.C.

20408.

(3) General Provisions. This rule replaces 40 Code of Federal

Regulations (CFR) 97.511(a), 40 CFR 97.511(b)(1) and 40 CFR

97.512(a) promulgated as of June 30, 2014, and Federal Register

Notice 79 FR 71663 promulgated on December 3, 2014, as published by the Office of the Federal Register, U.S. National Archives

and Records, 700 Pennsylvania Avenue NW, Washington, D.C.

20408.

(A) Existing Units.

1. Annual Submittal. The director must submit to the U.S.

Environmental Protection Agency (EPA), in a format prescribed by

the administrator, the TR NOx Ozone Season allowances listed in

Table I taking into account any modifications necessary in accordance with paragraph (3)(A)2. of this rule. This submittal must meet

the following schedule:

A. By June 1, 2016, the director will submit to EPA

allowances for TR NOx Ozone Season units for the control periods

in 2017 and 2018;

B. By June 1, 2017, the director will submit to EPA

allowances for TR NOx Ozone Season units for the control periods

in 2019 and 2020;

C. By June 1, 2018, the director will submit to EPA

allowances for TR NOx Ozone Season units for the control periods

in 2021 and 2022; and

D. By June 1, 2019, and June 1 of each year thereafter, the

director will submit to EPA allowances for TR NOx Ozone Season

units for the control periods in the fourth year after the year in which

the submission is made.

2. Non-operating Units. If a unit in Table I of this rule does not

operate during two (2) consecutive control periods after 2014, the

submittal made under paragraph (3)(A)1. of this rule will show zero

(0) TR Ozone Season NOx allowances for such unit for the control

period in the fifth year after these two (2) such years and in each year

after that fifth year. All TR NOx Ozone Season allowances that would

otherwise have been allocated to such unit will be allocated to the

new unit set-aside for the state for the respective years involved. If

this subsection is applicable, any resulting changes to the submittal

under paragraph (3)(A)1. of this rule will be determined in accordance with the following:

A. Every year, the director will review the operation of each

unit listed in Table I and issue a notification that lists any unit in

Table I that has not operated during two (2) consecutive control periods after 2014. Any notification made under this subparagraph will

specify the first year in which allowances listed in Table I will be terminated for the applicable unit(s) under paragraph (3)(A)2. of this

rule;

B. For each notification required in subparagraph (3)(A)2.A.

of this rule, the director will provide an opportunity for submission

of objections to the units referenced in such notice that must be submitted by the deadline specified in such notification in order to be

considered; and

C. If there are objections, the director will review them and

issue a notification responding to objections received along with any

adjustments made to the list.

Page 1566 Orders of Rulemaking
Page 1567 November 2, 2015

Vol. 40, No. 21 Missouri Register

Table I 

Source 

Name 

Source 

ID 

Unit 

ID 

TR NOx Ozone 

Season unit 

allowances 

(tons) for 2017 

and thereafter 

Asbury 2076 1 394

Audrain Power Plant 55234 CT1 1

Audrain Power Plant 55234 CT2 1

Audrain Power Plant 55234 CT3 1

Audrain Power Plant 55234 CT4 1

Audrain Power Plant 55234 CT5 1

Audrain Power Plant 55234 CT6 1

Audrain Power Plant 55234 CT7 1

Audrain Power Plant 55234 CT8 1

Blue Valley 2132 3 65

Chamois Power Plant 2169 2 101

Chillicothe 2122 GT1A 1

Chillicothe 2122 GT1B 0

Chillicothe 2122 GT2A 0

Chillicothe 2122 GT2B 0

Columbia 2123 6 18

Columbia 2123 7 26

Columbia 2123 8 0

Columbia Energy Center (MO) 55447 CT01 1

Columbia Energy Center (MO) 55447 CT02 1

Columbia Energy Center (MO) 55447 CT03 1

Columbia Energy Center (MO) 55447 CT04 0

Dogwood Energy Facility 55178 CT-1 23

Dogwood Energy Facility 55178 CT-2 18

Empire District Elec Co Energy Ctr 6223 1 1

Empire District Elec Co Energy Ctr 6223 2 1

Empire District Elec Co Energy Ctr 6223 3A 6

Empire District Elec Co Energy Ctr 6223 3B 6

Empire District Elec Co Energy Ctr 6223 4A 6

Empire District Elec Co Energy Ctr 6223 4B 6

Essex Power Plant 7749 1 7

Fairgrounds 2082 CT01 0

Greenwood Energy Center 6074 1 2

Greenwood Energy Center 6074 2 2

Greenwood Energy Center 6074 3 3
November 2, 2015 Page 1568 Orders of Rulemaking Vol. 40, No. 21

Greenwood Energy Center 6074 4 3

Hawthorn 2079 5A 1,082

Hawthorn 2079 6 1

Hawthorn 2079 7 6

Hawthorn 2079 8 7

Hawthorn 2079 9 21

Higginsville Municipal Power Plant 2131 4A 1

Higginsville Municipal Power Plant 2131 4B 0

Holden Power Plant 7848 1 3

Holden Power Plant 7848 2 4

Holden Power Plant 7848 3 3

Howard Bend 2102 CT1A 0

Howard Bend 2102 CT1B 0

Iatan 6065 1 1,374

James River 2161 GT1 6

James River 2161 GT2 12

James River 2161 3 87

James River 2161 4 102

James River 2161 5 186

John Twitty Energy Center 6195 1 351

John Twitty Energy Center 6195 CT1A 1

John Twitty Energy Center 6195 CT1B 1

John Twitty Energy Center 6195 CT2A 1

John Twitty Energy Center 6195 CT2B 1

Labadie 2103 1 986

Labadie 2103 2 1,038

Labadie 2103 3 1,115

Labadie 2103 4 1,100

Lake Road 2098 6 178

Lake Road 2098 GT5 1

McCartney Generating Station 7903 MGS1A 9

McCartney Generating Station 7903 MGS1B 9

McCartney Generating Station 7903 MGS2A 8

McCartney Generating Station 7903 MGS2B 8

Meramec 2104 1 255

Meramec 2104 2 250

Meramec 2104 3 483

Meramec 2104 4 632

Meramec 2104 CT01 0

Meramec 2104 CT2A 0

Meramec 2104 CT2B 0

Mexico 6650 CT01 0

Moberly 6651 CT01 0

Montrose 2080 1 311
Page 1569 November 2, 2015

Vol. 40, No. 21 Missouri Register

Montrose 2080 2 295

Montrose 2080 3 307

Moreau 6652 CT01 0

New Madrid Power Plant 2167 1 989

New Madrid Power Plant 2167 2 994

Nodaway Power Plant 7754 1 4

Nodaway Power Plant 7754 2 5

Northeast Generating Station 2081 11 0

Northeast Generating Station 2081 12 0

Northeast Generating Station 2081 13 0

Northeast Generating Station 2081 14 0

Northeast Generating Station 2081 15 0

Northeast Generating Station 2081 16 0

Northeast Generating Station 2081 17 0

Northeast Generating Station 2081 18 0

Peno Creek Energy Center 7964 CT1A 8

Peno Creek Energy Center 7964 CT1B 7

Peno Creek Energy Center 7964 CT2A 7

Peno Creek Energy Center 7964 CT2B 6

Peno Creek Energy Center 7964 CT3A 7

Peno Creek Energy Center 7964 CT3B 8

Peno Creek Energy Center 7964 CT4A 8

Peno Creek Energy Center 7964 CT4B 8

Ralph Green Station 2092 3 1

Rush Island 6155 1 885

Rush Island 6155 2 916

Sibley 2094 1 91

Sibley 2094 2 94

Sibley 2094 3 611

Sikeston 6768 1 548

Sioux 2107 1 773

Sioux 2107 2 690

South Harper Peaking Facility 56151 1 12

South Harper Peaking Facility 56151 2 16

South Harper Peaking Facility 56151 3 20

St. Francis Power Plant 7604 1 19

St. Francis Power Plant 7604 2 18

State Line (MO) 7296 1 5

State Line (MO) 7296 2-1 28

State Line (MO) 7296 2-2 29

Thomas Hill Energy Center 2168 MB1 366

Thomas Hill Energy Center 2168 MB2 557

Thomas Hill Energy Center 2168 MB3 1,166

Viaduct 2096 CT01 0

Total 19,831 

Note: Being included or excluded on the list of sources in Table I does not constitute a 

determination that such source is or is not a TR NOx Ozone Season unit. The 

determination of applicability for TR NOx Ozone Season units is in 40 CFR 97.504. 
November 2, 2015

Vol. 40, No. 21

(B) New Units.

1. Annual Submittal. For the TR NOx Ozone Season control

period in 2017 and each control period thereafter, the director must

submit to EPA, in a format prescribed by the administrator, the TR

NOx Ozone Season allowances as determined under this subsection

by July 1 of the applicable control period.

2. New unit set-asides.

A. Allowance Calculation. Every year, the director will calculate the TR NOx Ozone Season allowance allocation to each TR

NOx Ozone Season unit in a state, in accordance with subparagraphs

(3)(B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule, for the

control period in the year of the applicable submittal deadline under

paragraph (3)(B)1. of this rule. Once the calculations are complete,

the director will contact all facilities that will receive allocations

under subparagraphs (3)(B)3.B. through (3)(B)3.G. and (3)(B)3.L.

of this rule for the control period in the year of the applicable submittal deadline under paragraph (3)(B)1. of this rule to confirm that

the calculations were performed in accordance with this rule, and

make adjustments to the calculations if necessary. 

B. Excess Allowances. If the new unit set-aside for such control period contains TR NOx Ozone Season allowances remaining

after the calculations performed under subparagraphs (3)(B)3.B.

through (3)(B)3.G. and (3)(B)3.L. of this rule have been completed,

then allowances will be calculated in accordance with subparagraph

(3)(B)3.I. of this rule.

C. Industry Requests for Excess Allowances. If a facility

owner, operator, or designated representative wishes to receive

allowances in accordance with subparagraph (3)(B)3.I. of this rule,

for any control period, then by April 5 of the applicable control period, the facility owner, operator, or designated representative must

submit information to the director confirming that a TR NOx Ozone

Season unit commenced commercial operation during the period

starting May 1 of the year before the year of such control period and

ending March 31 of the year of such control period. The submittal

must also include the calculation of eligible allowances for use in

subparagraph (3)(B)3.I. of this rule, for each TR NOx Ozone Season

unit that commenced operation during the period starting May 1 of

the year before the year of such control period and ending March 31

of the year of such control period. 

(I) The calculation of eligible allowances must be in accordance with part (3)(B)3.I.(III) of this rule in order for such units to

be eligible to receive any allowances in accordance with subparagraph (3)(B)3.I. of this rule.

(II) Each year, the director will review any submissions

made in accordance with this paragraph to confirm that units identified in the submissions are TR NOx Ozone Season units that commenced commercial operation during the period starting May 1 of the

year before the year of such control period and ending March 31 of

the year of such control period. The director will also confirm that

the submission includes the correct calculations for eligible

allowances in accordance with part (3)(B)3.I.(III) of this rule. If,

during the reviews, the director identifies any discrepancies with the

identified units or the calculations in a submission made in accordance with the paragraph, the director may request additional information from the facility owner, operator, or designated representative

that made the submission. If additional information is requested, the

facility owner, operator, or designated representative must provide

the requested information by the deadline specified in the information

request; otherwise, units identified in such submission will not be

eligible for allowances in accordance with subparagraph (3)(B)3.I. of

this rule for the applicable control period.

D. Public Notification. The director will determine the TR

NOx Ozone Season allowance allocation to each TR NOx Ozone

Season unit in accordance with subparagraphs (3)(B)3.I., (3)(B)3.J.,

and (3)(B)3.L. of this rule and 40 CFR 97.506(b)(2) and 40 CFR

97.530 through 40 CFR 97.535. By June 1 of each year, the director

will issue a notification making available the results of all allowance

determinations from the new unit set-aside for the control period in

which the notification is made. 

(I) For each notification required in part (3)(B)2.D.(II) of

this rule, the director will provide an opportunity for submission of

objections to the calculations referenced in such notice.

(II) If there are objections, the director will review them

and provide notification stating the outcome.

E. Allowance Changes. If any TR NOx Ozone Season

allowances are added to the new unit set-aside after submittals as

required in subparagraph (3)(B)2.C. of this rule, the director will

issue additional notifications, as deemed appropriate, of the allocation of such TR NOx Ozone Season allowances in accordance with

subparagraph (3)(B)3.J. of this rule.

3. New Unit Ozone Season Allowance Allocation Methodology.

For each control period in 2017 and thereafter and for the TR NOx

Ozone Season units in Missouri, the director will allocate TR NOx

Ozone Season allowances to the TR NOx Ozone Season units as follows:

A. Units Eligible to Receive Allowances. The TR NOx Ozone

Season allowances will be allocated to the following TR NOx Ozone

Season units, except as provided in subparagraph (3)(B)3.J. of this

rule:

(I) TR NOx Ozone Season units that are not listed in Table

I in paragraph (3)(A)2. of this rule;

(II) TR NOx Ozone Season units whose allocation of an

amount of TR NOx Ozone Season allowances for such control period

listed in Table I in paragraph (3)(A)2. of this rule is covered by 40

CFR 97.511(c)(2) or (3);

(III) TR NOx Ozone Season units that are listed in Table I

in paragraph (3)(A)2. of this rule and the allocation to such unit(s) is

terminated for the applicable control period pursuant to paragraph

(3)(A)2. of this rule, and that operate during the control period

immediately preceding such control period; or

(IV) For purposes of subparagraph (3)(B)3.I. of this rule,

TR NOx Ozone Season units under 40 CFR 97.511(c)(1)(ii) whose

allocation of an amount of TR NOx Ozone Season allowances for

such control period under subparagraph (3)(B)2. of this rule is covered by 40 CFR 97.511(c)(2) or (3);

B. Total Allowances Available. The director will establish a

separate new unit set-aside for the state for each such control period.

Each such new unit set-aside will be allocated TR NOx Ozone

Season allowances in an amount equal to the difference between the

Missouri TR NOx Ozone Season trading budget for 2017 and thereafter, as set forth in 40 CFR 97.510(a), and the total number of

allowances allocated in accordance with paragraph (3)(A)1. of this

rule for such control period. The new unit set-aside will be allocated

additional TR NOx Ozone Season allowances (if any) in accordance

with paragraph (3)(A)2. of this rule and 40 CFR 97.511(c)(5);

C. Eligible Control Periods. The director will determine, for

each TR NOx Ozone Season unit described in subparagraph (3)(B)3.A.

of this rule, an allocation of TR NOx Ozone Season allowances for the

later of the following control periods and for each subsequent control

period:

(I) The control period in 2017;

(II) The first control period after the control period in

which the TR NOx Ozone Season unit commences commercial operation;

(III) For a unit described in part (3)(B)3.A.(II) of this rule,

the first control period in which the TR NOx Ozone Season unit

operates in the state after operating in another jurisdiction and for

which the unit is not already allocated one (1) or more TR NOx

Ozone Season allowances; and 

(IV) For a unit described in part (3)(B)3.A.(III) of this

rule, the first control period after the control period in which the unit

resumes operation, or the first control period in which the allocation

for such unit listed in Table I in paragraph (3)(A)2. of this rule is terminated pursuant to paragraph (3)(A)2. of this rule, whichever is

later;

D. Allocations. The allocation to each TR NOx Ozone

Page 1570 Orders of Rulemaking
Season unit described in parts (3)(B)3.A.(I) through (3)(B)3.A.(III)

of this rule and for each control period described in subparagraph

(3)(B)3.C. of this rule will be an amount equal to the unit’s total tons

of NOx emissions during the immediately preceding control period.

The director will adjust the allocation amount in this subparagraph in

accordance with subparagraphs (3)(B)3.E. through (3)(B)3.G. and

(3)(B)3.L. of this rule;

E. Sum of Allowances. The director will calculate the sum of

the TR NOx Ozone Season allowances determined for all such TR

NOx Ozone Season units under subparagraph (3)(B)3.D. of this rule

in the state for such control period;

F. Extra Allowance Allocation. If the amount of TR NOx

Ozone Season allowances in the new unit set-aside for the state for

such control period is greater than or equal to the sum under subparagraph (3)(B)3.E. of this rule, then the director will allocate the

amount of TR NOx Ozone Season allowances determined for each

such TR NOx Ozone Season unit under subparagraph (3)(B)3.D. of

this rule;

G. Insufficient Allowance Allocation. If the amount of TR

NOx Ozone Season allowances in the new unit set-aside for the state

for such control period is less than the sum under subparagraph

(3)(B)3.E. of this rule, then the director will allocate to each such TR

NOx Ozone Season unit the amount of the TR NOx Ozone Season

allowances determined under subparagraph (3)(B)3.D. of this rule for

the unit, multiplied by the amount of TR NOx Ozone Season

allowances in the new unit set-aside for such control period, divided

by the sum under subparagraph (3)(B)3.E. of this rule, and rounded

to the nearest allowance;

H. Confirmation of Allowances. The director will contact

facilities, as described in subparagraph (3)(B)2.A. of this rule to confirm the amount of TR NOx Ozone Season allowances allocated

under subparagraphs (3)(B)3.B. through (3)(B)3.G. and (3)(B)3.L.

of this rule for such control period to each TR NOx Ozone Season

unit eligible for such allocation;

I. Allowance Calculation for Units That Recently Began

Operation. If, after completion of the procedures under subparagraphs (3)(B)3.E. through (3)(B)3.H. of this rule for such control

period, any unallocated TR NOx Ozone Season allowances remain in

the new unit set-aside for the state for such control period, the director will allocate such TR NOx Ozone Season allowances as follows:

(I) For any submission made in accordance with subparagraph (3)(B)2.C. of this rule, the submitting facility owner, operator,

or designated representative may include the calculation of eligible

allowances for such control period as specified in part (3)(B)3.I.(III)

of this rule. If such submission is not made or fails to include the

calculation of eligible allowances under this part by the April 5 deadline, or if the facility owner, operator, or designated representative

fails to provide additional information requested in accordance with

part (3)(B)2.C.(II) of this rule by the applicable deadline, then no

allowances will be awarded to such unit in accordance with this subparagraph for such control period;

(II) The director will review submissions made in accordance with subparagraph (3)(B)2.C. of this rule, as specified in part

(3)(B)2.C.(II) of this rule and may adjust the units identified in such

submission if they are not eligible for allowances under this subparagraph, and the director may also adjust the calculation of eligible

allowances included in such submission to ensure they are in accordance with part (3)(B)3.I.(III) of this rule;

(III) The calculation of eligible TR NOx Ozone Season

allowances for a specific control period for TR NOx Ozone Season

units that commenced commercial operation during the period starting May 1 of the year before the year of such control period and ending March 31 of the year of such control period must be as follows;

Where:

EA = eligible TR NOx Ozone Season Allowances

ER = the unit’s permitted emission rate from the unit’s con-

 struction permit approved under 10 CSR 10-6.060 

 (lb/mmBTU)

HR = the heat rate efficiency for the generator that the unit 

 serves (BTU/kW-hr)

NPCap = nameplate capacity of the generator that the unit serves 

 (MWe)

CPTot = number of days in the control period

CF = the unit’s default capacity factor from Table II below

(IV) The director will determine, for each unit described in

subparagraph (3)(B)3.A. of this rule that commenced commercial

operation during the period starting May 1 of the year before the year

of such control period and ending March 31 of the year of such control period, the positive difference (if any) between the unit’s emissions during the previous control period and the amount of eligible

TR NOx Ozone Season allowances as calculated under part

(3)(B)3.I.(III) of this rule;

(V) The director will determine the sum of the positive differences determined under part (3)(B)3.I.(IV) of this rule;

(VI) If the amount of unallocated TR NOx Ozone Season

allowances remaining in the new unit set-aside for the state for such

control period is greater than or equal to the sum determined under

part (3)(B)3.I.(V) of this rule, then the director will allocate the

amount of TR NOx Ozone Season allowances determined for each

such TR NOx Ozone Season unit under part (3)(B)3.I.(IV) of this

rule; and

(VII) If the amount of unallocated TR NOx Ozone Season

allowances remaining in the new unit set-aside for the state for such

control period is less than the sum under part (3)(B)3.I.(V) of this

rule, then the director will allocate to each such TR NOx Ozone

Season unit the amount of the TR NOx Ozone Season allowances

determined under part (3)(B)3.I.(IV) of this rule for the unit, multiplied by the amount of unallocated TR NOx Ozone Season allowances

remaining in the new unit set-aside for such control period, divided

by the sum under part (3)(B)3.I.(V) of this rule, and rounded to the

nearest allowance;

J. Distribution of Remaining Allocations. If, after completion

of the procedures under subparagraphs (3)(B)3.I. and (3)(B)3.L. of

this rule for such control period, any unallocated TR NOx Ozone

Season allowances remain in the new unit set-aside for the state for

such control period, the director will allocate to each TR NOx Ozone

Season unit that is in the state, is allocated an amount of TR NOx

Ozone Season allowances listed in Table I in paragraph (3)(A)2. of

this rule, and continues to be allocated TR NOx Ozone Season

allowances for such control period in accordance with paragraph

(3)(A)2. of this rule, an amount of TR NOx Ozone Season allowances

equal to the following: the total amount of such remaining unallocated TR NOx Ozone Season allowances in such new unit set-aside,

multiplied by the unit’s allocation listed in Table I in paragraph

(3)(A)2. of this rule for such control period, divided by the remainder of the amount of tons in the applicable state NOx Ozone Season

Page 1571 November 2, 2015

Vol. 40, No. 21 Missouri Register

ܣܧ ൌ ሺாோሻሺுோሻ൫ே௉಴ೌ೛൯ሺ஼௉೅೚೟ሻሺ஼ிሻሺଶସ௛௢௨௥௦

ௗ௔௬ ൗ ሻቀଵǡ଴଴଴௞ௐ

ெௐ೐ ൗ ቁ

൫ଶǡ଴଴଴௟௕

௧௢௡ ൗ ൯൫ଵǡ଴଴଴ǡ଴଴଴஻்௎

௠௠஻்௎ ൗ ൯

 Table II – Default Capacity Factors for New Units 

Unit Types Annual SO2 & NOx

Programs 

Ozone Season NOx

Program 

Coal-Fired Steam Boiler 0.85 0.92 

IGCC (Coal Gasification) 0.74 0.73 

Oil-Fired Steam Boiler 0.30 0.39 

Natural Gas-Fired Steam 

Boiler 0.44 0.47 

Simple Cycle Combustion 

Turbine 0.24 0.32 

Combined Cycle 

Combustion Turbine 0.66 0.71 
November 2, 2015

Vol. 40, No. 21

trading budget minus the amount of tons in such new unit set-aside

for the state for such control period, and rounded to the nearest

allowance;

K. Public Notification. The director will issue notifications in

subparagraphs (3)(B)2.D. and (3)(B)2.E. of this rule, of the amount

of TR NOx Ozone Season allowances allocated under subparagraphs

(3)(B)3.B. through (3)(B)3.G., (3)(B)3.I., (3)(B)3.J., and (3)(B)3.L.

of this rule for such control period to each TR NOx Ozone Season

unit eligible for such allocation; and

L. Allocation Tabulations That Exceed or Are Less Than the

New Unit Set-Aside.

(I) Notwithstanding the requirements of subparagraphs

(3)(B)3.B. through (3)(B)3.K. of this rule, if the calculations of allocations of a new unit set-aside for a control period in a given year

under subparagraph (3)(B)3.G. of this rule, subparagraph (3)(B)3.F.

and part (3)(B)3.I.(VII) of this rule, or subparagraph (3)(B)3.F., part

(3)(B)3.I.(VI), and subparagraph (3)(B)3.J. of this rule would otherwise result in total allocations of such new unit set-aside exceeding

the total amount of such new unit set-aside, then the director will

adjust the results of the calculations under subparagraph (3)(B)3.G.,

part (3)(B)3.I.(VII), or subparagraph (3)(B)3.J. of this rule, as

applicable, as follows. The director will list the TR NOx Ozone

Season units in descending order based on the amount of such units’

allocations under subparagraph (3)(B)3.G., part (3)(B)3.I.(VII), or

subparagraph (3)(B)3.J. of this rule, as applicable, and, in cases of

equal allocation amounts, in alphabetical order of the relevant

source’s name and numerical order of the relevant unit’s identification number, and will reduce each unit’s allocation under subparagraph (3)(B)3.G., part (3)(B)3.I.(VII), or subparagraph (3)(B)3.J. of

this rule, as applicable, by one (1) TR NOx Ozone Season allowance

(but not below zero (0)) in the order in which the units are listed and

will repeat this reduction process as necessary, until the total allocations of such new unit set-aside equal the total amount of such new

unit set-aside.

(II) Notwithstanding the requirements of subparagraphs

(3)(B)3.J. and (3)(B)3.K. of this rule, if the calculations of allocations of a new unit set-aside for a control period in a given year under

subparagraph (3)(B)3.F., part (3)(B)3.I.(VI), and subparagraph

(3)(B)3.J. of this rule would otherwise result in a total allocations of

such new unit set-aside less than the total amount of such new unit

set-aside, then the director will adjust the results of the calculations

under subparagraph (3)(B)3.J. of this rule, as follows. The director

will list the TR NOx Ozone Season units in descending order based

on the amount of such units’ allocations under subparagraph

(3)(B)3.J. of this rule and, in cases of equal allocation amounts, in

alphabetical order of the relevant source’s name and numerical order

of the relevant unit’s identification number, and will increase each

unit’s allocation under subparagraph (3)(B)3.J. of this rule by one (1)

TR NOx Ozone Season allowance in the order in which the units are

listed and will repeat this increase process as necessary, until the total

allocations of such new unit set-aside equal the total amount of such

new unit set-aside.

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. 2013, the commission adopts a rule as follows:

10 CSR 10-6.376 is adopted.

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on June 15, 2015 (40

MoReg 777–783). Those sections with changes are reprinted here.

This proposed rule 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 six (6) comments

from one (1) source; the U.S. Environmental Protection Agency

(EPA).

COMMENT #1: EPA commented that the purpose statement be

revised to clarify that this rule only reallocates allowances under the

federal Cross-State Air Pollution Rule (CSAPR) program and that

EPA will continue to administer the federal CSAPR program. 

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, the rule purpose statement has been changed to more

accurately state the objective of the rule.

COMMENT #2: EPA commented that subparagraphs (3)(B)2.C. and

(3)(B)3.I. refer to an “entity”, yet this term is not defined in the definition section of this rule or in 10 CSR 10-6.020. The term “entity”,

as it is used in subparagraphs (3)(B)2.C and (3)(B)3.I., refers to the

individual that may request allowances set aside for newly affected

units. EPA recommends that it can be the owner, operator, or designated representative (as defined in 40 CFR 97.602) of a newly affected unit that can make such a request. EPA recommends that the

department provide a definition for this term in order to provide clarity.

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, the term “entity” has been removed and replaced with

the phrase “facility owner, operator, or designated representative” in

subparagraph (3)(B)2.C., part (3)(B)2.C.(II), and part (3)(B)3.I.(I)

to clarify individuals that are eligible to request allowances for newly

affected units. 

COMMENT #3: EPA commented that subsection (2)(A) indicates

that definitions for key words and phrases used in this rule may be

found in 40 CFR 97.602 and 40 CFR 97.603 promulgated as of June

30, 2014, and section (3) indicates that this rule replaces 40 CFR

97.611(a), 40 CFR 97.611(b)(1) and 40 CFR 97.612(a) as promulgated as of June 30, 2014. EPA recommends that the June 30, 2014

date be replaced with July 1, 2014, since that is the date of publication of the CFR.

RESPONSE AND EXPLANATION OF CHANGE: As recommended, subsection (2)(A) has been changed from June 30, 2014 to July

1, 2014 to reflect the annual publication of the Code of Federal

Regulations.

COMMENT #4: EPA commented that part (3)(B)3.I.(I) includes a

citation to subparagraph (3)(B)2.B. It appears that this may be a typo

and should reference subparagraph (3)(B)2.C.

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, part (3)(B)3.I.(I) has been revised to correct the reference to subparagraph (3)(B)2.C.

COMMENT #5: EPA commented that part (3)(B)2.C.(II) indicates

that the director will review any submissions made in accordance

with this paragraph “to confirm that the units identified in the submissions are TR SO2 Annual units that commenced commercial

operation during the year of such control period and ending March

31 of the year of such control period.” This is not consistent with the

language in 10 CSR 10-6.372 and 10 CSR 10-6.374. It appears that

there may be an omission in this sentence (as found in 10 CSR 10-

6.376 part (3)(B)2.C.(II)) and that the department intended the sentence to read: “director will review any submissions made in accordance with this paragraph”, “to confirm that the units identified in

the submissions are TR SO2 Annual units that commenced commercial operation during the period starting January 1 of the year before

Page 1572 Orders of Rulemaking
the year of such control period and ending March 31 of the year of

such control period.”

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, part (3)(B)2.C.(II) has been corrected to reflect similar language found in 10 CSR 10-6.372, and 10 CSR 10-6.374.

COMMENT #6: Staff noted that the proposed rule title had a typographical error with two (2) transposed words.

RESPONSE AND EXPLANATION OF CHANGE: The title typographical error has been corrected.

10 CSR 10-6.376 Cross-State Air Pollution Rule Annual SO2

Trading Allowance Allocations

PURPOSE: The purpose of this rule is to reallocate annual sulfur

dioxide (SO2) emission allowances for use with the U.S.

Environmental Protection Agency’s (EPA’s) annual SO2 regional

emission reduction program as established in the federal Cross-State

Air Pollution Rule (CSAPR) for 2017 and beyond. The federal

CSAPR program will continue to be administered by EPA. The state

rule only redistributes annual SO2 allowances. The evidence supporting the need for this proposed rulemaking, per section 536.016,

RSMo, is a November 7, 2011 email with agreement between Empire

District Electric Co. (Empire) and Kansas City Power and Light

(KCP&L) and November 26, 2014 and March 24, 2015 meeting conference call notes.

(2) Definitions.

(A) Definitions for key words and phrases used in this rule may be

found in 40 CFR 97.602 and 40 CFR 97.603 promulgated as of July

1, 2014, and Federal Register Notice 79 FR 71663 promulgated on

December 3, 2014, are hereby incorporated by reference as published by the Office of the Federal Register, U.S. National Archives

and Records, 700 Pennsylvania Avenue NW, Washington, D.C.

20408.

(3) General Provisions. This rule replaces 40 Code of Federal

Regulations (CFR) 97.611(a), 40 CFR 97.611(b)(1) and 40 CFR

97.612(a) promulgated as of June 30, 2014, and Federal Register

Notice 79 FR 71663 promulgated on December 3, 2014, as published by the Office of the Federal Register, U.S. National Archives

and Records, 700 Pennsylvania Avenue NW, Washington, D.C.

20408.

(B) New Units.

1. Annual Submittal. For the TR SO2 Annual control period in

2017 and each control period thereafter, the director must submit to

EPA, in a format prescribed by the administrator, the TR SO2 Annual

allowances as determined under this subsection by July 1 of the

applicable control period.

2. New unit set-asides.

A. Allowance Calculation. Every year, the director will calculate the TR SO2 Annual allowance allocation to each TR SO2

Annual unit in a state, in accordance with subparagraphs (3)(B)3.B.

through (3)(B)3.G. and (3)(B)3.L. of this rule, for the control period

in the year of the applicable submittal deadline under paragraph

(3)(B)1. of this rule. Once the calculations are complete, the director

will contact all facilities that will receive allocations under subparagraphs (3)(B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule for

the control period in the year of the applicable submittal deadline

under paragraph (3)(B)1. of this rule to confirm that the calculations

were performed in accordance with this rule, and make adjustments

to the calculations if necessary.

B. Excess Allowances. If the new unit set-aside for such control period has any TR SO2 Annual allowances remaining after the

calculations performed under subparagraphs (3)(B)3.B. through

(3)(B)3.G. and (3)(B)3.L. of this rule have been completed, then

allowances will be calculated in accordance with subparagraph

(3)(B)3.I. of this rule. 

C. Industry Requests for Excess Allowances. If a facility

owner, operator, or designated representative wishes to receive

allowances in accordance with subparagraph (3)(B)3.I. of this rule,

for any control period, then by April 5 of the applicable control period, the facility owner, operator, or designated representative must

submit information to the director confirming that a TR SO2 Annual

unit commenced commercial operation during the period starting

January 1 of the year before the year of such control period and ending March 31 of the year of such control period. The submittal must

also include the calculation of eligible allowances for use in subparagraph (3)(B)3.I. of this rule, for each TR SO2 Annual unit that commenced commercial operation during the period starting January 1 of

the year before the year of such control period and ending March 31

of the year of such control period.

(I) The calculation of eligible allowances must be in accordance with part (3)(B)3.I.(III) of this rule in order for such units to

be eligible to receive any allowances in accordance with subparagraph (3)(B)3.I. of this rule.

(II) Each year, the director will review any submissions

made in accordance with this paragraph to confirm that units identified in the submissions are TR SO2 Annual units that commenced

commercial operation during the period starting January 1 of the year

before the year of such control period and ending March 31 of the

year of such control period. The director will also confirm that the

submission includes the correct calculations for eligible allowances in

accordance with part (3)(B)3.I.(III) of this rule. If, during the review,

the director identifies any discrepancies with the identified units or

the calculations in a submission made in accordance with this paragraph, the director may request additional information from the facility owner, operator, or designated representative that made the submission. If additional information is requested, the facility owner,

operator, or designated representative must provide the requested

information by the deadline specified in the information request; otherwise, units identified in such submission will not be eligible for

allowances in accordance with subparagraph (3)(B)3.I. of this rule

for the applicable control period. 

D. Public Notification. The director will determine the TR

SO2 Annual allowance allocation to each TR SO2 Annual unit in

accordance with subparagraphs (3)(B)3.I., (3)(B)3.J., and (3)(B)3.L.

of this rule and 40 CFR 97.606(b)(2) and 40 CFR 97.630 through 40

CFR 97.635. By June 1 of each year, the director will issue a notification making available the results of all allowance determinations

from the new unit set-aside for the control period in which the notification is made.

(I) For each notification required in part (3)(B)2.D.(II) of

this rule, the director will provide an opportunity for submission of

objections to the calculations referenced in such notice.

(II) If there are objections, the director will review them

and provide notification stating the outcome.

E. Allowance Changes. If any TR SO2 Annual allowances are

added to the new unit set-aside after submittals as required in subparagraph (3)(B)2.C. of this rule, the director will issue additional

notifications, as deemed appropriate, of the allocation of such TR

SO2 Annual allowances in accordance with subparagraph (3)(B)3.J.

of this rule.

3. New Unit Annual Allowance Allocation Methodology. For

each control period in 2017 and thereafter and for the TR SO2

Annual units in Missouri, the director will allocate TR SO2 Annual

allowances to the TR SO2 Annual units as follows:

A. Units Eligible to Receive Allowances. The TR SO2 Annual

allowances will be allocated to the following TR SO2 Annual units,

except as provided in subparagraph (3)(B)3.J. of this rule:

(I) TR SO2 Annual units that are not listed in Table I in

paragraph (3)(A)2. of this rule;

(II) TR SO2 Annual units whose allocation of an amount of

TR SO2 Annual allowances for such control period listed in Table I

in paragraph (3)(A)2. of this rule is covered by 40 CFR 97.611(c)(2)

or (3);

Page 1573 November 2, 2015

Vol. 40, No. 21 Missouri Register
November 2, 2015

Vol. 40, No. 21

(III) TR SO2 Annual units that are listed in Table I in paragraph (3)(A)2. of this rule and the allocation to such unit(s) is terminated for the applicable control period pursuant to paragraph

(3)(A)2. of this rule, and that operate during the control period

immediately preceding such control period; or

(IV) For purposes of subparagraph (3)(B)3.I. of this rule,

TR SO2 Annual units under 40 CFR 97.611(c)(1)(ii) whose allocation of an amount of TR SO2 Annual allowances for such control

period under paragraph (3)(B)2. of this rule is covered by 40 CFR

97.611(c)(2) or (3);

B. Total Allowances Available. The director will establish a

separate new unit set-aside for the state for each such control period.

Each such new unit set-aside will be allocated TR SO2 Annual

allowances in an amount equal to the difference between the Missouri

TR SO2 Annual trading budget for 2017 and thereafter, as set forth

in 40 CFR 97.610(a), and the total number of allowances allocated

in accordance with paragraph (3)(A)1. of this rule for such control

period. The new unit set-aside will be allocated additional TR SO2

Annual allowances (if any) in accordance with paragraph (3)(A)2. of

this rule and 40 CFR 97.611(c)(5);

C. Eligible Control Periods. The director will determine, for

each TR SO2 Annual unit described in subparagraph (3)(B)3.A. of

this rule, an allocation of TR SO2 Annual allowances for the later of

the following control periods and for each subsequent control period:

(I) The control period in 2017;

(II) The first control period after the control period in

which the TR SO2 Annual unit commences commercial operation;

(III) For a unit described in part (3)(B)3.A.(II) of this rule,

the first control period in which the TR SO2 Annual unit operates in

the state after operating in another jurisdiction and for which the unit

is not already allocated one (1) or more TR SO2 Annual allowances;

and 

(IV) For a unit described in part (3)(B)3.A.(III) of this

rule, the first control period after the control period in which the unit

resumes operation, or the first control period in which the allocation

for such unit listed in Table I in paragraph (3)(A)2. of this rule is terminated pursuant to paragraph (3)(A)2. of this rule, whichever is

later;

D. Allocations. The allocation to each TR SO2 Annual unit

described in parts (3)(B)3.A.(I) through (3)(B)3.A.(III) of this rule

and for each control period described in subparagraph (3)(B)3.C. of

this rule will be an amount equal to the unit’s total tons of SO2 emissions during the immediately preceding control period. The director

will adjust the allocation amount in this subparagraph in accordance

with subparagraphs (3)(B)3.E. through (3)(B)3.G. and (3)(B)3.L. of

this rule;

E. Sum of Allowances. The director will calculate the sum of

the TR SO2 Annual allowances determined for all such TR SO2

Annual units under subparagraph (3)(B)3.D. of this rule in the state

for such control period;

F. Extra Allowance Allocation. If the amount of TR SO2

Annual allowances in the new unit set-aside for the state for such

control period is greater than or equal to the sum under subparagraph

(3)(B)3.E. of this rule, then the director will allocate the amount of

TR SO2 Annual allowances determined for each such TR SO2

Annual unit under subparagraph (3)(B)3.D. of this rule;

G. Insufficient Allowance Allocation. If the amount of TR

SO2 Annual allowances in the new unit set-aside for the state for such

control period is less than the sum under subparagraph (3)(B)3.E. of

this rule, then the director will allocate to each such TR SO2 Annual

unit the amount of the TR SO2 Annual allowances determined under

subparagraph (3)(B)3.D. of this rule for the unit, multiplied by the

amount of TR SO2 Annual allowances in the new unit set-aside for

such control period, divided by the sum under subparagraph

(3)(B)3.E. of this rule, and rounded to the nearest allowance;

H. Confirmation of Allowances. The director will contact

facilities as described in subparagraph (3)(B)2.A. of this rule to confirm the amount of TR SO2 Annual allowances allocated under subparagraphs (3)(B)3.B. through (3)(B)3.G. and (3)(B)3.L. of this rule

for such control period to each TR SO2 Annual unit eligible for such

allocation;

I. Allowance Calculation for Units That Recently Began

Operation. If, after completion of the procedures under subparagraphs (3)(B)3.E. through (3)(B)3.H. of this rule for such control

period, any unallocated TR SO2 Annual allowances remain in the

new unit set-aside for the state for such control period, the director

will allocate such TR SO2 Annual allowances as follows:

(I) For any submission made in accordance with subparagraph (3)(B)2.C. of this rule, the submitting facility owner, operator,

or designated representative may include the calculation of eligible

allowances for such control period as specified in part (3)(B)3.I.(III)

of this rule. If such submission is not made or fails to include the

calculation of eligible allowances under this part by the April 5 deadline, or if the facility owner, operator, or designated representative

fails to provide additional information requested in accordance with

part (3)(B)2.C.(II) of this rule by the applicable deadline; then no

allowances will be awarded to such unit in accordance with this subparagraph for such control period;

(II) The director will review submissions made in accordance with subparagraph (3)(B)2.C. of this rule, as specified in part

(3)(B)2.C.(II) of this rule and may adjust the units identified in such

submission if they are not eligible for allowances under this subparagraph, and the director may also adjust the calculation of eligible

allowances included in such submission to ensure they are in accordance with part (3)(B)3.I.(III) of this rule;

(III) The calculation of eligible TR SO2 Annual allowances

for a specific control period for TR SO2 Annual units that commenced commercial operation during the period starting January 1 of

the year before the year of such control period and ending March 31

of the year of such control period must be as follows;

Where:

EA = eligible TR SO2 Annual Allowances

ER = the unit’s permitted emission rate from the unit’s con-

 struction permit approved under 10 CSR 10-6.060 

 (lb/mmBTU)

HR = the heat rate efficiency for the generator that the unit 

 serves (BTU/kW-hr)

NPCap = nameplate capacity of the generator that the unit serves 

 (MWe)

CPTot = number of days in the control period

CF = the unit’s default capacity factor from Table II below

Page 1574 Orders of Rulemaking

ܣܧ ൌ ሺாோሻሺுோሻ൫ே௉಴ೌ೛൯ሺ஼௉೅೚೟ሻሺ஼ிሻሺଶସ௛௢௨௥௦

ௗ௔௬ ൗ ሻቀଵǡ଴଴଴௞ௐ

ெௐ೐ ൗ ቁ

൫ଶǡ଴଴଴௟௕

௧௢௡ ൗ ൯൫ଵǡ଴଴଴ǡ଴଴଴஻்௎

௠௠஻்௎ ൗ ൯

 Table II – Default Capacity Factors for New Units 

Unit Types Annual SO2 & NOx

Programs 

Ozone Season NOx

Program 

Coal-Fired Steam Boiler 0.85 0.92 

IGCC (Coal Gasification) 0.74 0.73 

Oil-Fired Steam Boiler 0.30 0.39 

Natural Gas-Fired Steam 

Boiler 0.44 0.47 

Simple Cycle Combustion 

Turbine 0.24 0.32 

Combined Cycle 

Combustion Turbine 0.66 0.71 
(IV) The director will determine, for each unit described in

subparagraph (3)(B)3.A. of this rule that commenced commercial

operation during the period starting January 1 of the year before the

year of such control period and ending March 31 of the year of such

control period, the positive difference (if any) between the unit’s

emissions during the previous control period and the amount of eligible TR SO2 Annual allowances as calculated under part

(3)(B)3.I.(III) of this rule;

(V) The director will determine the sum of the positive differences determined under part (3)(B)3.I.(IV) of this rule;

(VI) If the amount of unallocated TR SO2 Annual

allowances remaining in the new unit set-aside for the state for such

control period is greater than or equal to the sum determined under

part (3)(B)3.I.(V) of this rule, then the director will allocate the

amount of TR SO2 Annual allowances determined for each such TR

SO2 Annual unit under part (3)(B)3.I.(IV) of this rule; and

(VII) If the amount of unallocated TR SO2 Annual

allowances remaining in the new unit set-aside for the state for such

control period is less than the sum under part (3)(B)3.I.(V) of this

rule, then the director will allocate to each such TR SO2 Annual unit

the amount of the TR SO2 Annual allowances determined under part

(3)(B)3.I.(IV) of this rule for the unit, multiplied by the amount of

unallocated TR SO2 Annual allowances remaining in the new unit

set-aside for such control period, divided by the sum under part

(3)(B)3.I.(V) of this rule, and rounded to the nearest allowance;

J. Distribution of Remaining Allocations. If, after completion

of the procedures under subparagraphs (3)(B)3.I. and (3)(B)3.L. of

this rule for such control period, any unallocated TR SO2 Annual

allowances remain in the new unit set-aside for the state for such control period, the director will allocate to each TR SO2 Annual unit that

is in the state, is allocated an amount of TR SO2 Annual allowances

listed in Table I in paragraph (3)(A)2. of this rule, and continues to

be allocated TR SO2 Annual allowances for such control period in

accordance with paragraph (3)(A)2. of this rule, an amount of TR

SO2 Annual allowances equal to the following: the total amount of

such remaining unallocated TR SO2 Annual allowances in such new

unit set-aside, multiplied by the unit’s allocation listed in Table I in

paragraph (3)(A)2. of this rule for such control period, divided by the

remainder of the amount of tons in the applicable state SO2 Annual

trading budget minus the amount of tons in such new unit set-aside

for the state for such control period, and rounded to the nearest

allowance;

K. Public Notification. The director will issue notifications as

described in subparagraphs (3)(B)2.D. and (3)(B)2.E. of this rule, of

the amount of TR SO2 Annual allowances allocated under subparagraphs (3)(B)3.B. through (3)(B)3.G., (3)(B)3.I., (3)(B)3.J., and

(3)(B)3.L. of this rule for such control period to each TR SO2

Annual unit eligible for such allocation; and

L. Allocation Tabulations That Exceed or Are Less Than the

New Unit Set-Aside.

(I) Notwithstanding the requirements of subparagraphs

(3)(B)3.B. through (3)(B)3.K. of this rule, if the calculations of allocations of a new unit set-aside for a control period in a given year

under subparagraph (3)(B)3.G. of this rule, subparagraph (3)(B)3.F.

and part (3)(B)3.I.(VII) of this rule, or subparagraph (3)(B)3.F., part

(3)(B)3.I.(VI), and subparagraph (3)(B)3.J. of this rule would otherwise result in total allocations of such new unit set-aside exceeding

the total amount of such new unit set-aside, then the director will

adjust the results of the calculations under subparagraph (3)(B)3.G.,

part (3)(B)3.I.(VII), or subparagraph (3)(B)3.J. of this rule, as

applicable, as follows. The director will list the TR SO2 Annual units

in descending order based on the amount of such units’ allocations

under subparagraph (3)(B)3.G., part (3)(B)3.I.(VII), or subparagraph (3)(B)3.J. of this rule, as applicable, and, in cases of equal

allocation amounts, in alphabetical order of the relevant source’s

name and numerical order of the relevant unit’s identification number, and will reduce each unit’s allocation under subparagraph

(3)(B)3.G., part (3)(B)3.I.(VII), or subparagraph (3)(B)3.J. of this

rule, as applicable, by one (1) TR SO2 Annual allowance (but not

below zero (0)) in the order in which the units are listed and will

repeat this reduction process as necessary, until the total allocations

of such new unit set-aside equal the total amount of such new unit

set-aside.

(II) Notwithstanding the requirements of subparagraphs

(3)(B)3.J. and (3)(B)3.K. of this rule, if the calculations of allocations of a new unit set-aside for a control period in a given year under

subparagraph (3)(B)3.F., part (3)(B)3.I.(VI), and subparagraph

(3)(B)3.J. of this rule would otherwise result in a total allocations of

such new unit set-aside less than the total amount of such new unit

set-aside, then the director will adjust the results of the calculations

under subparagraph (3)(B)3.J. of this rule, as follows. The director

will list the TR SO2 Annual units in descending order based on the

amount of such units’ allocations under subparagraph (3)(B)3.J. of

this rule and, in cases of equal allocation amounts, in alphabetical

order of the relevant source’s name and numerical order of the relevant unit’s identification number, and will increase each unit’s allocation under subparagraph (3)(B)3.J. of this rule by one (1) TR SO2

Annual allowance in the order in which the units are listed and will

repeat this increase process as necessary, until the total allocations of

such new unit set-aside equal the total amount of such new unit setaside.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 25—Hazardous Waste Management Commission

Chapter 3—Hazardous Waste Management System: 

General

ORDER OF RULEMAKING

By the authority vested in the Hazardous Waste Management

Commission under sections 260.370 and 260.373, RSMo Supp. 2013,

the commission hereby amends a rule as follows:

10 CSR 25-3.260 Definitions, Modifications to Incorporations and

Confidential Business Information is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on May 15, 2015

(40 MoReg 626–629). No changes have been made in 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: A public hearing was held June 18,

2015, and the public comment period ended June 25, 2015. At the

public hearing the Department of Natural Resources testified that the

fourteen (14) amendments proposed to Title 10, Division 25 of the

Code of State Regulations would make the changes to Missouri hazardous waste regulations required by section 260.373, RSMo, would

update Missouri’s incorporation of the federal hazardous waste regulations from July 1, 2010 to July 1, 2013 plus two (2) additional federal rules, and would make additional changes to the Missouri regulations that, although not required because they are not included in

the statutory limitation or are based on one (1) of the exclusions, are

consistent with the changes required by section 260.373, RSMo. 

Mr. Kevin Perry, Assistant Director of the Regulatory

Environmental Group for Missouri (REGFORM), and Mr. David

Shanks, Environmental Policy Analyst for The Boeing Company, testified at the public hearing and submitted written comments. 

The department received written comments on the proposed

amendments from Mr. Perry, Mr. Shanks, Mr. Greg Carrell, Acting

State Fire Marshal, Mr. Evan Bryant, Mr. Mark Reppond from

Safety Kleen, Ms. Jackie King, Executive Director of the Secondary

Materials and Recycled Textiles Association, and Ms. Jessica

Franken, Director of Government Affairs for INDA, Association of

the Nonwoven Fabrics Industry. 

Page 1575 November 2, 2015

Vol. 40, No. 21 Missouri Register
THIS FORM WAS GENERATED BY THE eSIPS SYSTEM

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eSIPS (electronic State Implementation Plan Submission) Summary Report

Note: This report is a summary of your submission to the electronic SIP (eSIPS) system and is not to be used as the official

record for your SIP submission.

Date of Report 11/19/2015 16:12:40

Form Status Complete

eSIP SUBMISSION INFORMATION

Submission Title MO_CSAPR_11202016

Pollutants Affected NOx (precursor pollutant), SO2 (precursor pollutant)

Submittal Category/Categories TR - Interstate Transport Regulations (e.g., CSAPR SIPs)

Other Submittal Category

Submittal Category Description Rules

Geographic Area Affected Statewide

Are you requesting parallel processing for this SIP

Revision?

No

eSIP PARALLEL PROCESSING

Not applicable

eSIP ADMINISTRATIVE EVIDENCE COMPLETENESS

CHECKLIST

 1. Submittal letter from Governor or designee requesting approval of the plan or revision.

 2. Evidence of adoption.

Date adopted 8/27/2015

Date effective 12/30/2015

 3. Evidence of legal authority to adopt and implement revision.

 3(a). Copy of final adopted plan and/or rule.

 3(b). Indication of changes to existing plan and/or rule if applicable.

 4. Evidence that state followed procedural requirements for adoption/issuance of plan.

 4(a). Evidence of public notice.

Date Public Notice Provided 6/10/2015

5. Was a public hearing requested and/or held? Yes
THIS FORM WAS GENERATED BY THE eSIPS SYSTEM

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5(a). Date of first public hearing. 8/3/2015

Date of second public hearing

Date of third public hearing

 5(b). Evidence that public hearing was held.

6. Were public comments received? Yes

 6(a). Compilation of public comments and state responses or declaration that no comments were received.

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complete CSAPR epa submittal.pdf complete submittal

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submittal?

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 List of Pollutants affected by plan

 Location of sources affected by plan

 Quantification of allowable emissions

 Demonstrate change meets NAAQS, PSD, RFP and/or visibility requirements

 Modeling information supporting the revision

 Evidence reductions are based on continuous emissions reduction technology

 Emission limits, work practices, record keeping, etc.

 Compliance with enforcement strategies

 Special economic and technological justifications per applicable EPA policies

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