## 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, Governo r • Sara P arker Pauley

, Director 

# T OF N AT URAL RE SOUR CES

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 NO x Trading Allowance Allocations

This new rule reallocates the annual nitrogen oxides (NO x ) emission allowances for the U.S.
Environmental Protection Agency's (EPA's) annual NO x 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 Cross-State Air Pollution Rule Ozone Season NO x 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 NO x 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 10-6.376 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 M 0 

### 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 NO x 

# Trading Allowance Allocations

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# ------------------------------- Order of Rulemaking



## The Missouri Air Conservation Commission ADOPTS 

## the following action

on this 27th day of August, 2015:

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

## Trading Allowance Allocations

, Member

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_______________________________ ,Member

## -------------------------------

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## Order of Rulemaking



# The Missouri Air Conservation Commission ADOPTS 

# the following action

on this 27th day of August, 2015:

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

, Chairman

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



# _______________________________ ,Member

, Member

, MemberMissouri 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 

x

x

x

x

x

x

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2

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## Contact Information

Air Pollution Control Program
P.O. Box 176 Jefferson City, MO 65102
800-361-4827
573-751-4817 Contact Us

Report an Environmental Concern

Meet the Air Pollution Control Pro gram DirectorMissouri Department of Natural Resources

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 2

2

2 2

2

2

2

2



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## 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 em ail bulletin sent by Cheri Bechtel.

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MISSOURI AIR CONSER VATION COMMISSION WILL HOLD PUBLIC HEARING

JEFFERSON CITY, MO -- The Missouri Air Conser vation Commission will hol d a public hearing on Monday, August 3, 2015 beginning at 1:30 p.m. at the El m Street Conference Cent er, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri. The commission will hear testimony related to the fo llowing proposed action(s):

* 10 CSR 10-6.372 (new rule) Cross-State Air Pollution Rule Annual NO x 

## Trading Allowance Allocations

This new rule reallocates th e annual nitrogen oxides (NO x 

## ) emission allowances for the U.S. Environmental Protection Agency’s (EPA’s) annual NO x 

## regional emission reduction program as established in the Cross-State Air Pollution Ru le (CSAPR) for 2017 and beyond. At the same time, this rule incorporates new unit set-aside and existing un it allocation methods similar to the federal rule.

* 10 CSR 10-6.374 (new rule) Cr oss-State Air Pollution Rule Ozone Season NO x 

## Trading Allowance Allocations

This new rule reallocates the ozone season nitrogen oxides (NO x 

## ) emission allowances for the U.S. Environmental Protection Agency’s (EPA’s) ozone season NO x 

## 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 un it allocation methods similar to the federal rule.2 

## * 10 CSR 10-6.376 (new rule) Cross-State Air Pollution Rule Annual SO 2 

## Trading Allowance Allocations

This new rule reallocates annual sulfur dioxide (SO 2 

## ) emission allowances for the U.S. Environmental Protection Agency’s (EPA’s) annual SO 2 

## regional emission reduction prog ram 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 De partment’s intention to submit the action(s) to the U.S. Environmental Protection Agency to be incl uded in Missouri’s State Implementation Plan unless otherwise noted above.

Documents for the above item(s) will be available for review at the Missour i Department of Natural Resources, Air Pollution Control Pr ogram, 1659 Elm Street, Jefferson Cit y, (573) 751-4817 and in the Public N otices section of the program web site http://dnr.mo.gov/env/apcp/public- notices.htm. This information will be available at least 30 days pr ior to the public hearing date.
The Department will accept written or email comment s 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 hear ing testimony will be equally considered.

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

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

You are subscribed to the Air Publ ic Notices topic for Missouri Depart ment of Natural Resources. This information has recently been updated, and is now availa ble at the link below. Tha nk you for your interest in the Air Public Notices.

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### 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 airadditional credentials for that regist r ant’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 regardingaction 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 hindera 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/herdesignee may cancel the TVR if the registrant returns the TVR within five (5) days of issuance or reduce TVR fees if the TVR isreturned 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 nonapportionedcarrier 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 areasonable 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 receiptor 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 taxreceipts 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 AffidavitAffirming 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 ofthis 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 paymentof 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 cove rage or pro vide proof of self-insurance, if applicable, on all vehicles bearing aMissouri-apportioned license plate. Proof of liability insurance coverage is a prer equisite 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 begranted 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 fullcompliance 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 tothe 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 NO x Trading Allowance Allocations . If the commission adopts this rule 

## Page 753 June 15, 2015 Vol. 40, No. 12 

### Missouri Registeraction, 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 (NO x ) emission allowances for use with the U.S. Environmental Protection Agency’s (EPA’s) annual NO x regional emission reduction program as established in the Cross-State Air Pollution Rule (CSAPR) for 2017 and beyond. Theevidence 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 NO x 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 morethan 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 (NO x ) 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 NO x Annual allowances listed in Table I takinginto 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 NO x Annual units for the control periods in 2017 and 2018; B. By June 1, 2017, the director will submit to EPA allowances for TR NO x Annual units for the control periods in 2019 and 2020; C. By June 1, 2018, the director will submit to EPA allowances for TR NO x 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 NO x Annual units forthe 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 NO x 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 NO x Annual allowances that would otherwisehave 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 inTable I that has not operated during two (2) consecutive control periods after 2014. Any notification made under this subparagraph willspecify 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 submissionof 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 NO x 

## 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 NO x 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 NO x 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 NO x Annual allowance allocation to each TR NO x 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 directorwill 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 NO x 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 NO x 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 theyear 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 NO x 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 tobe eligible to receive any allowances in accordance with subparagraph (3)(B)3.I. of this rule. (II) Each year, the director will review any submissionsmade in accordance with this paragraph to confirm that units identified in the submissions are TR NO x 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 thedeadline 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 NO x Annual allowance allocation to each TR NO x 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 NO x Annual allowances are added to the new unit set-aside after submittals as required insubparagraph (3)(B)2.C. of this rule, the director will issue additional notifications, as deemed appropriate, of the allocation of such TR NO x 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 NO x Annual units in Missouri, the director will allocate TR NO x Annual allowances to the TR NO x Annual units as follows: A. Units Eligible to Receive Allowances. The TR NO x Annual allowances will be allocated to the following TR NO x Annual units, except as provided in subparagraph (3)(B)3.J. of this rule: (I) TR NO x Annual units that are not listed in Table I in paragraph (3)(A)2. of this rule; (II) TR NO x Annual units whose allocation of an amount of TR NO x 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 NO x 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 NO x 

## Annual unit. The determination of applicability for TR NO x 

## Annual units is in 40 CFR 97.404.(IV) For purposes of subparagraph (3)(B)3.I. of this rule, TR NO x Annual units under 40 CFR 97.411(c)(1)(ii) whose allocation of an amount of TR NO x 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 NO x Annual allowances in an amount equal to the difference between the Missouri TR NO x 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 NO x 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 NO x Annual unit described in subparagraph (3)(B)3.A. of this rule, an allocation of TR NO x Annual allowances for the later ofthe 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 NO x 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 NO x 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 NO x 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 allocationfor 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 NO x 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 NO x 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 NO x Annual allowances determined for all such TR NO x 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 NO x 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 NO x Annual allowances determined for each such TR NO x Annual unit under subparagraph (3)(B)3.D. of this rule; G. Insufficient Allowance Allocation. If the amount of TR NO x 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 NO x Annual unit the amount of the TR NO x Annual allowances determined under subparagraph (3)(B)3.D. of this rule for the unit, multiplied by the amount of TR NO x Annual allowances in the newunit 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 contactfacilities as described in subparagraph (3)(B)2.A. of this rule to confirm the amount of TR NO x 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 NO x Annual unit eligible for such allocation; I. Allowance Calculation for Units That Recently BeganOperation. 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 NO x Annual allowances remain in the new unit set-aside for the state for such control period, the director will allocate such TR NO x 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 suchsubmission if they are not eligible for allowances under this subparagraph, and the director may also adjust the calculation of eligibleallowances 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 NO x Annual allowances for a specific control period for TR NO x 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 NO x 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) NP Cap = nameplate capacity of the generator that the unit serves (MWe) CP Tot = 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 

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ൌ ܣܧ ሺ ܧܴ ሻሺ ܪܴ ሻ ൫ܰܲ ஼௔௣ ൯ ሺ ܥܲ ்௢௧ ሻሺ ܨܥ ሻ ሺʹͶ ݄ݏݎݑ݋ ݀ܽݕ ൗ ሻ ቀͳǡͲͲͲ ܹ݇ ܯܹ ௘ ൗ ቁ ቀʹǡͲͲͲ ݈ܾ ݊݋ݐ ൗ ቁ൫ͳǡͲͲͲǡͲͲͲ ܷܶܤ ݉݉ܤܷܶ ൗ ൯

Table II – Default Capacity Factors for New Units

Unit Types Annual SO 2 & NO x Programs Ozone Season NO x 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 0.71control period, the positive difference (if any) between the unit’semissions during the previous control period and the amount of eligible TR NO x 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 NO x 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 NO x Annual allowances determined for each such TR NO x Annual unit under part (3)(B)3.I.(IV) of this rule; and (VII) If the amount of unallocated TR NO x 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 NO x Annual unit the amount of the TR NO x Annual allowances determined under part (3)(B)3.I.(IV) of this rule for the unit, multiplied by the amount of unallocated TR NO x 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 NO x Annualallowances remain in the new unit set-aside for the state for such control period, the director will allocate to each TR NO x Annual unit that is in the state, is allocated an amount of TR NO x Annual allowances listed in Table I in paragraph (3)(A)2. of this rule, and continues to be allocated TR NO x Annual allowances for such control period in accordance with paragraph (3)(A)2. of this rule, an amount of TR NO x Annual allowances equal to the following: the total amount of such remaining unallocated TR NO x Annual allowances in such new unitset-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 NO x 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 NO x 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 NO x 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 NO x 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 NO x 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 allocationsof 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 NO x 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 NO x Annual allowance in the order in which the units are listed and will repeat this increaseprocess 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 NO x Annual unit allowance records submitted to EPA for each TR NO x 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 NO x 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 (NO x ) emission allowances for use with the U.S. Environmental Protection Agency’s (EPA’s) ozone season NO x regional emission reduction program as established in the Cross-State Air Pollution Rule (CSAPR) for 2017 andbeyond. 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 NO x 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 morethan 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 (NO x ) 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 NO x 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 NO x 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 NO x Ozone Season units for the control periods in 201 9 and 2020; C. By June 1, 2018, the director will submit to EPA allowances for TR NO x 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 NO x 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 NO x 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 NO x 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 submittalunder 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 inTable I that has not operated during two (2) consecutive control periods after 2014. Any notification made under this subparagraph willspecify 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 submissionof 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 NO x 

## 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

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## 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 NO x 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 NO x 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 NO x Ozone Season allowance allocation to each TR NO x 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 NO x 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 NO x 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 theyear 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 NO x 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 tobe eligible to receive any allowances in accordance with subparagraph (3)(B)3.I. of this rule. (II) Each year, the director will review any submissionsmade in accordance with this paragraph to confirm that units identified in the submissions are TR NO x Ozone Season units that commenced commercial operation during the period starting May 1 of 

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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 NO x 

## Ozone Season unit. The determination of applicability for TR NO x 

## 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 revi ews, the director identifies any discrepancies with theidentified 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 NO x Ozone Season allowance allocation to each TR NO x 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 NO x 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 NO x 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 NO x Ozone Season units in Missouri, the director will allocate TR NO x Ozone Season allowances to the TR NO x Ozone Season units as follows: A. Units Eligible to Receive Allowances. The TR NO x Ozone Season allowances will be allocated to the following TR NO x Ozone Season units, except as provided in subparagraph (3)(B)3.J. of this rule: (I) TR NO x Ozone Season units that are not listed in Table I in paragraph (3)(A)2. of this rule; (II) TR NO x Ozone Season units whose allocation of an amount of TR NO x 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 NO x 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 NO x Ozone Season units under 40 CFR 97.511(c)(1)(ii) whose allocation of an amount of TR NO x Ozone Season allowances forsuch 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 NO x Ozone Season allowances in an amount equal to the difference between the Missouri TR NO x 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 NO x 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 NO x Ozone Season unit described in subparagraph (3)(B)3.A. of this rule, an allocation of TR NO x 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 NO x 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 NO x 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 NO x 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 allocationfor 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 NO x 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 NO x 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 NO x Ozone Season allowances determined for all such TR NO x 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 NO x Ozone Season allowances in the new unit set-aside for the state forsuch 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 NO x Ozone Season allowances determined for each such TR NO x Ozone Season unit under subparagraph (3)(B)3.D. of this rule; G. Insufficient Allowance Allocation. If the amount of TR NO x 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 NO x Ozone Season unit the amount of the TR NO x Ozone Season allowances determined under subparagraph (3)(B)3.D. of this rule for the unit, multiplied by the amount of TR NO x 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 contactfacilities, as described in subparagraph (3)(B)2.A. of this rule to confirm the amount of TR NO x 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 NO x Ozone Season unit eligible for such allocation; I. Allowance Calculation for Units That Recently BeganOperation. 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 NO x Ozone Season allowances remain inthe new unit set-aside for the state for such control period, the director will allocate such TR NO x 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 

## Page 770 Proposed Rules June 15, 2015 Vol. 40, No. 12in 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 suchsubmission if they are not eligible for allowances under this subparagraph, and the director may also adjust the calculation of eligibleallowances 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 NO x Ozone Season allowances for a specific control period for TR NO x Ozone Seasonunits 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 NO x 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) NP Cap = nameplate capacity of the generator that the unit serves (MWe) CP Tot = 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 yearof 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 NO x 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 NO x 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 NO x Ozone Season allowances determined for each such TR NO x Ozone Season unit under part (3)(B)3.I.(IV) of this rule; and (VII) If the amount of unallocated TR NO x 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 NO x Ozone Season unit the amount of the TR NO x Ozone Season allowancesdetermined under part (3)(B)3.I.(IV) of this rule for the unit, multiplied by the amount of unallocated TR NO x Ozone Seasonallowances 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 NO x Ozone Season allowances remain in the new unit set-aside for the state for such control period, the director will allocate to each TR NO x Ozone Season unit that is in the state, is allocated an amount of TR NO x Ozone Season allowances listed in Table I in paragraph (3)(A)2. of this rule, and continues to be allocated TR NO x Ozone Season allowances for such control period in accordance with paragraph (3)(A)2. of this rule, an amount of TR NO x Ozone Season allowancesequal to the following: the total amount of such remaining unallocated TR NO x 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 NO x 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 NO x 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 NO x 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 NO x 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 NO x 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 allocationsof 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 NO x Ozone Season units in descending order based on the amount of such units’ allocations under subparagraph (3)(B)3.J. of this rule 

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ൌ ܣܧ ሺ ܧܴ ሻሺ ܪܴ ሻ ൫ܰܲ ஼௔௣ ൯ ሺ ܥܲ ்௢௧ ሻሺ ܨܥ ሻ ሺʹͶ ݄ݏݎݑ݋ ݀ܽݕ ൗ ሻ ቀͳǡͲͲͲ ܹ݇ ܯܹ ௘ ൗ ቁ ቀʹǡͲͲͲ ݈ܾ ݊݋ݐ ൗ ቁ൫ͳǡͲͲͲǡͲͲͲ ܷܶܤ ݉݉ܤܷܶ ൗ ൯

Table II – Default Capacity Factors for New Units

Unit Types Annual SO 2 & NO x Programs Ozone Season NO x 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 0.71and, 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 NO x Ozone Season allowance in the order in which the units are listed and will repeat this increase process as necessary, until the total allocations ofsuch new unit set-aside equal the total amount of such new unit setaside.

(4) Reporting and Record Keeping. The director shall maintain TR NO x Ozone Season unit allowance records submitted to EPA for each TR NO x 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 SO 2 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 (SO 2 ) emission allowances for use with the U.S. Environmental Protection Agency’s (EPA’s) annual SO 2 regional emission reduction program as established in the Cross-State AirPollution 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 morethan 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 (SO 2 ) 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 RegisterNotice 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 SO 2 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 SO 2 Annual units for the control periods in 2017 and 2018; B. By June 1, 2017, the director will submit to EPA allowances for TR SO 2 Annual units for the control periods in 2019 and 2020; C. By June 1, 2018, the director will submit to EPA allowances for TR SO 2 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 SO 2 Annual units forthe 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 SO 2 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 SO 2 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 inTable I that has not operated during two (2) consecutive control periods after 2014. Any notification made under this subparagraph willspecify 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 submissionof 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 777 June 15, 2015 Vol. 40, No. 12 

### Missouri Register

## Page 778 Proposed Rules June 15, 2015 Vol. 40, No. 12



## Table I

Source Name Source ID Unit ID TR SO 2 

## 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

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### 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

## Page 780 Proposed Rules 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 SO 2 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 SO 2 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 SO 2 Annual allowance allocation to each TR SO 2 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 directorwill 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 SO 2 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. ofthis 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 SO 2 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 SO 2 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 tobe eligible to receive any allowances in accordance with subparagraph (3)(B)3.I. of this rule. (II) Each year, the director will review any submissionsmade in accordance with this paragraph to confirm that units identified in the submissions are TR SO 2 Annual units that commencedcommercial 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 additionalinformation 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 SO 2 Annual allowance allocation to each TR SO 2 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 40CFR 97.635. By June 1 of each year, the director will issue a notification making available the results of all allowance determinationsfrom 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 SO 2 Annual allowances are added to the new unit set-aside after submittals as required insubparagraph (3)(B)2.C. of this rule, the director will issue additional notifications, as deemed appropriate, of the allocation of such TR SO 2 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 SO 2 Annual units in Missouri, the director will allocate TR SO 2 Annual allowances to the TR SO 2 Annual units as follows: A. Units Eligible to Receive Allowances. The TR SO 2 Annual allowances will be allocated to the following TR SO 2 Annual units, except as provided in subparagraph (3)(B)3.J. of this rule: (I) TR SO 2 Annual units that are not listed in Table I in paragraph (3)(A)2. of this rule; (II) TR SO 2 Annual units whose allocation of an amount of TR SO 2 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 SO 2 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 SO 2 

## Annual unit. The determination of applicability for TR SO 2 

## 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 SO 2 Annual units under 40 CFR 97.611(c)(1)(ii) whose allocation of an amount of TR SO 2 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 SO 2 Annual allowances in an amount equal to the difference between the Missouri TR SO 2 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 SO 2 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 SO 2 Annual unit described in subparagraph (3)(B)3.A. of this rule, an allocation of TR SO 2 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 SO 2 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 SO 2 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 SO 2 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 allocationfor 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 SO 2 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 SO 2 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 SO 2 Annual allowances determined for all such TR SO 2 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 SO 2 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 SO 2 Annual allowances determined for each such TR SO 2 Annual unit under subparagraph (3)(B)3.D. of this rule; G. Insufficient Allowance Allocation. If the amount of TR SO 2 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 SO 2 Annual unit the amount of the TR SO 2 Annual allowances determined under subparagraph (3)(B)3.D. of this rule for the unit, multiplied by the amount of TR SO 2 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 contactfacilities as described in subparagraph (3)(B)2.A. of this rule to confirm the amount of TR SO 2 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 SO 2 Annual unit eligible for such allocation. I. Allowance Calculation for Units That Recently BeganOperation. 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 SO 2 Annual allowances remain in the new unit set-aside for the state for such control period, the director will allocate such TR SO 2 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 suchsubmission if they are not eligible for allowances under this subparagraph, and the director may also adjust the calculation of eligibleallowances 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 SO 2 Annual allowances for a specific control period for TR SO 2 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 SO 2 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) NP Cap = nameplate capacity of the generator that the unit serves (MWe) CP Tot = 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 suchcontrol period, the positive difference (if any) between the unit’s emissions during the previous control period and the amount of eli gible TR 

## Page 782 Proposed Rules June 15, 2015 Vol. 40, No. 12

ൌ ܣܧ ሺ ܧܴ ሻሺ ܪܴ ሻ ൫ܰܲ ஼௔௣ ൯ ሺ ܥܲ ்௢௧ ሻሺ ܨܥ ሻ ሺʹͶ ݄ݏݎݑ݋ ݀ܽݕ ൗ ሻ ቀͳǡͲͲͲ ܹ݇ ܯܹ ௘ ൗ ቁ ቀʹǡͲͲͲ ݈ܾ ݊݋ݐ ൗ ቁ൫ͳǡͲͲͲǡͲͲͲ ܷܶܤ ݉݉ܤܷܶ ൗ ൯

Table II – Default Capacity Factors for New Units

Unit Types Annual SO 2 & NO x Programs Ozone Season NO x 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 0.71SO 2 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 SO 2 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 SO 2 Annual allowances determined for each such TR SO 2 Annual unit under part (3)(B)3.I.(IV) of this rule; and (VII) If the amount of unallocated TR SO 2 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 SO 2 Annual unit the amount of the TR SO 2 Annual allowances determined under part (3)(B)3.I.(IV) of this rule for the unit, multiplied by the amount of unallocated TR SO 2 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 SO 2 Annualallowances remain in the new unit set-aside for the state for such control period, the director will allocate to each TR SO 2 Annual unit that is in the state, is allocated an amount of TR SO 2 Annual allowances listed in Table I in paragraph (3)(A)2. of this rule, and continues to be allocated TR SO 2 Annual allowances for such control period in accordance with paragraph (3)(A)2. of this rule, an amount of TR SO 2 Annual allowances equal to the following: the total amount of such remaining unallocated TR SO 2 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 SO 2 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 SO 2 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 SO 2 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 SO 2 Annual units in descending order based on the amount of such units’ allocationsunder 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’sname 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 SO 2 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 SO 2 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 alphabeticalorder 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 SO 2 Annual allowance in the order in which the units are listed and will repeat this increase process as necessary, until the total allocations ofsuch new unit set-aside equal the total amount of such new unit setaside.

(4) Reporting and Record Keeping. The director shall maintain TR SO 2 Annual unit allowance records submitted to EPA for each TR SO 2 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 RegisterNovember 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 establishesprogram 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 thisrule 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 affectedunits. 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 thedepartment 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 CFR97.411(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, 2014date 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 ofthis 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 NO x Trading Allowance Allocations 

## Page 1562 Orders of RulemakingPURPOSE: The purpose of this rule is to reallocate annual nitrogen oxides (NO x ) emission allowances for use with the U.S. Environmental Protection Agency’s (EPA’s) annual NO x 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 NO x 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 NO x 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 onDecember 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 RegisterNotice 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 NO x 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 NO x 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 NO x Annual allowance allocation to each TR NO x 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 directorwill 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 NO x 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 NO x Annual unit commenced commercial operation during the period startingJanuary 1 of the year before the year of such control period and ending March 31 of the year of such control period. The submittal mustalso include the calculation of eligible allowances for use in subparagraph (3)(B)3.I. of this rule, for each TR NO x 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 tobe eligible to receive any allowances in accordance with subparagraph (3)(B)3.I. of this rule. (II) Each year, the director will review any submissionsmade in accordance with this paragraph to confirm that units identified in the submissions are TR NO x 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 orthe 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 requestedinformation 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 NO x Annual allowance allocation to each TR NO x 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 40CFR 97.435. By June 1 of each year, the director will issue a notification making available the results of all allowance determinationsfrom 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 NO x Annual allowances are added to the new unit set-aside after submittals as required insubparagraph (3)(B)2.C. of this rule, the director will issue additional notifications, as deemed appropriate, of the allocation of such TR NO x 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 NO x Annual units in Missouri, the director will allocate TR NO x Annual allowances to the TR NO x Annual units as follows: A. Units Eligible to Receive Allowances. The TR NO x Annual allowances will be allocated to the following TR NO x Annual units, except as provided in subparagraph (3)(B)3.J. of this rule: (I) TR NO x Annual units that are not listed in Table I in paragraph (3)(A)2. of this rule; (II) TR NO x Annual units whose allocation of an amount of TR NO x 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 NO x 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 NO x Annual units under 40 CFR 97.411(c)(1)(ii) whose allocation of an amount of TR NO x 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 NO x Annual allowances in an amount equal to the difference between the Missouri TR NO x Annual trading budget for 2017 and thereafter, as set forth 

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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 NO x 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 NO x Annual unit described in subparagraph (3)(B)3.A. of this rule, an allocation of TR NO x 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 NO x 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 NO x 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 NO x 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 allocationfor 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 NO x 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 NO x 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 NO x Annual allowances determined for all such TR NO x 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 NO x 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 NO x Annual allowances determined for each such TR NO x Annual unit under subparagraph (3)(B)3.D. of this rule; G. Insufficient Allowance Allocation. If the amount of TR NO x 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 NO x Annual unit the amount of the TR NO x Annual allowances determined under subparagraph (3)(B)3.D. of this rule for the unit, multiplied by the amount of TR NO x Annual allowances in the newunit 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 contactfacilities as described in subparagraph (3)(B)2.A. of this rule to confirm the amount of TR NO x 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 NO x Annual unit eligible for such allocation; I. Allowance Calculation for Units That Recently BeganOperation. 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 NO x Annual allowances remain in the new unit set-aside for the state for such control period, the director will allocate such TR NO x 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 noallowances 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 suchsubmission if they are not eligible for allowances under this subparagraph, and the director may also adjust the calculation of eligibleallowances 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 NO x Annual allowances for a specific control period for TR NO x 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 NO x 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) NP Cap = nameplate capacity of the generator that the unit serves (MWe) CP Tot = 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’semissions during the previous control period and the amount of eligible TR NO x 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 NO x 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 NO x Annual allowances determined for each such TR NO x Annual unit under part (3)(B)3.I.(IV) of this rule; and 

## Page 1564 Orders of Rulemaking



## ܣܧ ൌ ሺ ாோ ሻሺ ுோ ሻ ൫ே௉ ಴ೌ೛ ൯ ሺ ஼௉ ೅೚೟ ሻሺ ஼ி ሻ ሺଶସ ௛௢௨௥௦ ௗ௔௬ ൗ ሻቀଵǡ଴଴଴ ௞ௐ ெௐ ೐ ൗ ቁ ൫ଶǡ଴଴଴ ௟௕ ௧௢௡ ൗ ൯൫ଵǡ଴଴଴ǡ଴଴଴ ஻்௎ ௠௠஻்௎ ൗ ൯

Table II – Default Capacity Factors for New Units

Unit Types Annual SO 2 & NO x Programs Ozone Season NO x 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 NO x 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 NO x Annual unit the amount of the TR NO x Annual allowances determined under part (3)(B)3.I.(IV) of this rule for the unit, multiplied by the amount of unallocated TR NO x 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 NO x Annualallowances remain in the new unit set-aside for the state for such control period, the director will allocate to each TR NO x Annual unit that is in the state, is allocated an amount of TR NO x Annual allowances listed in Table I in paragraph (3)(A)2. of this rule, and continues to be allocated TR NO x Annual allowances for such control period in accordance with paragraph (3)(A)2. of this rule, an amount of TR NO x Annual allowances equal to the following: the total amount of such remaining unallocated TR NO x 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 NO x 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 NO x 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 NO x 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 NO x Annual units in descending order based on the amount of such units’ allocationsunder 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’sname 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 NO x 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 NO x 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 NO x Annual allowance in the order in which the units are listed and will repeat this increase process as necessary, until the total allocations ofsuch 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 ConservationCommission 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 thisrule 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 affectedunits. 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 thedepartment 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 CFR97.511(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 

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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 ofthis 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 19,830tons. 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 NO x Trading Allowance Allocations

PURPOSE: The purpose of this rule is to reallocate ozone season nitrogen oxides (NO x ) emission allowances for use with the U.S. Environmental Protection Agency’s (EPA’s) ozone season NO x 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 NO x allowances. Theevidence 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 NO x 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 onDecember 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 RegisterNotice 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 NO x Ozone Season allowances listed inTable 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 NO x 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 NO x 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 NO x 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 NO x 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 NO x 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 NO x 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 submittalunder 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 inTable I that has not operated during two (2) consecutive control periods after 2014. Any notification made under this subparagraph willspecify 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 submissionof 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

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### Missouri Register



## Table I

Source Name Source ID Unit ID TR NO x 

## 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 3November 2, 2015 Vol. 40, No. 21 

## Page 1568 Orders of Rulemaking



## 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 NO x 

## Ozone Season unit. The determination of applicability for TR NO x 

## 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 NO x 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 NO x 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 NO x Ozone Season allowance allocation to each TR NO x 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 NO x 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 NO x 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 NO x 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 tobe eligible to receive any allowances in accordance with subparagraph (3)(B)3.I. of this rule. (II) Each year, the director will review any submissionsmade in accordance with this paragraph to confirm that units identified in the submissions are TR NO x 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 revi ews, the director identifies any discrepancies with theidentified 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 NO x Ozone Season allowance allocation to each TR NO x 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 NO x 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 willissue additional notifications, as deemed appropriate, of the allocation of such TR NO x 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 NO x Ozone Season units in Missouri, the director will allocate TR NO x Ozone Season allowances to the TR NO x Ozone Season units as follows: A. Units Eligible to Receive Allowances. The TR NO x Ozone Season allowances will be allocated to the following TR NO x Ozone Season units, except as provided in subparagraph (3)(B)3.J. of this rule: (I) TR NO x Ozone Season units that are not listed in Table I in paragraph (3)(A)2. of this rule; (II) TR NO x Ozone Season units whose allocation of an amount of TR NO x 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 NO x 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 NO x Ozone Season units under 40 CFR 97.511(c)(1)(ii) whose allocation of an amount of TR NO x Ozone Season allowances forsuch 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 NO x Ozone Season allowances in an amount equal to the difference between the Missouri TR NO x 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 NO x 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 NO x Ozone Season unit described in subparagraph (3)(B)3.A. of this rule, an allocation of TR NO x 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 NO x 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 NO x 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 NO x 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 allocationfor 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 NO x Ozone 

## Page 1570 Orders of RulemakingSeason 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 NO x 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 NO x Ozone Season allowances determined for all such TR NO x 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 NO x Ozone Season allowances in the new unit set-aside for the state forsuch 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 NO x Ozone Season allowances determined for each such TR NO x Ozone Season unit under subparagraph (3)(B)3.D. of this rule; G. Insufficient Allowance Allocation. If the amount of TR NO x 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 NO x Ozone Season unit the amount of the TR NO x Ozone Season allowances determined under subparagraph (3)(B)3.D. of this rule for the unit, multiplied by the amount of TR NO x 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 contactfacilities, as described in subparagraph (3)(B)2.A. of this rule to confirm the amount of TR NO x 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 NO x Ozone Season unit eligible for such allocation; I. Allowance Calculation for Units That Recently BeganOperation. 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 NO x Ozone Season allowances remain inthe new unit set-aside for the state for such control period, the director will allocate such TR NO x 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 thecalculation 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 noallowances 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 suchsubmission if they are not eligible for allowances under this subparagraph, and the director may also adjust the calculation of eligibleallowances 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 NO x Ozone Season allowances for a specific control period for TR NO x Ozone Seasonunits 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 NO x 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) NP Cap = nameplate capacity of the generator that the unit serves (MWe) CP Tot = 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 yearof 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 NO x 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 NO x 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 NO x Ozone Season allowances determined for each such TR NO x Ozone Season unit under part (3)(B)3.I.(IV) of this rule; and (VII) If the amount of unallocated TR NO x 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 NO x Ozone Season unit the amount of the TR NO x Ozone Season allowancesdetermined under part (3)(B)3.I.(IV) of this rule for the unit, multiplied by the amount of unallocated TR NO x 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 NO x Ozone Season allowances remain in the new unit set-aside for the state for such control period, the director will allocate to each TR NO x Ozone Season unit that is in the state, is allocated an amount of TR NO x Ozone Season allowances listed in Table I in paragraph (3)(A)2. of this rule, and continues to be allocated TR NO x Ozone Season allowances for such control period in accordance with paragraph (3)(A)2. of this rule, an amount of TR NO x Ozone Season allowancesequal to the following: the total amount of such remaining unallocated TR NO x 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 NO x Ozone Season 

## Page 1571 November 2, 2015 Vol. 40, No. 21 

### Missouri Register



## ܣܧ ൌ ሺ ாோ ሻሺ ுோ ሻ ൫ே௉ ಴ೌ೛ ൯ ሺ ஼௉ ೅೚೟ ሻሺ ஼ி ሻ ሺଶସ ௛௢௨௥௦ ௗ௔௬ ൗ ሻቀଵǡ଴଴଴ ௞ௐ ெௐ ೐ ൗ ቁ ൫ଶǡ଴଴଴ ௟௕ ௧௢௡ ൗ ൯൫ଵǡ଴଴଴ǡ଴଴଴ ஻்௎ ௠௠஻்௎ ൗ ൯ Table II – Default Capacity Factors for New Units

Unit Types Annual SO 2 & NO x Programs Ozone Season NO x 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 0.71November 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 NO x 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 NO x 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 NO x 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 relevantsource’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 NO x Ozone Season allowance (but not below zero (0)) in the order in which the units are listed andwill 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 NO x 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 NO x 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 ConservationCommission 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 affectedunits. 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 thedepartment 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 CFR97.611(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, 2014date 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 ofthis 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 accordancewith this paragraph “to confirm that the units identified in the submissions are TR SO 2 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 SO 2 Annual units that commenced commercial operation during the period starting January 1 of the year before 

## Page 1572 Orders of Rulemakingthe year of such control period and ending March 31 of the year of such control period.” RESPONSE AND EXPLANATION OF CHANGE: As a result ofthis 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 SO 2 Trading Allowance Allocations

PURPOSE: The purpose of this rule is to reallocate annual sulfur dioxide (SO 2 ) emission allowances for use with the U.S. Environmental Protection Agency’s (EPA’s) annual SO 2 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 SO 2 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 onDecember 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 RegisterNotice 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 SO 2 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 SO 2 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 SO 2 Annual allowance allocation to each TR SO 2 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 directorwill 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 SO 2 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 SO 2 Annual unit commenced commercial operation during the period startingJanuary 1 of the year before the year of such control period and ending March 31 of the year of such control period. The submittal mustalso include the calculation of eligible allowances for use in subparagraph (3)(B)3.I. of this rule, for each TR SO 2 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 tobe eligible to receive any allowances in accordance with subparagraph (3)(B)3.I. of this rule. (II) Each year, the director will review any submissionsmade in accordance with this paragraph to confirm that units identified in the submissions are TR SO 2 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 orthe 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 requestedinformation 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 SO 2 Annual allowance allocation to each TR SO 2 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 40CFR 97.635. By June 1 of each year, the director will issue a notification making available the results of all allowance determinationsfrom 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 SO 2 Annual allowances areadded 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 SO 2 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 SO 2 Annual units in Missouri, the director will allocate TR SO 2 Annual allowances to the TR SO 2 Annual units as follows: A. Units Eligible to Receive Allowances. The TR SO 2 Annual allowances will be allocated to the following TR SO 2 Annual units, except as provided in subparagraph (3)(B)3.J. of this rule: (I) TR SO 2 Annual units that are not listed in Table I in paragraph (3)(A)2. of this rule; (II) TR SO 2 Annual units whose allocation of an amount of TR SO 2 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); 

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(III) TR SO 2 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 SO 2 Annual units under 40 CFR 97.611(c)(1)(ii) whose allocation of an amount of TR SO 2 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 SO 2 Annual allowances in an amount equal to the difference between the Missouri TR SO 2 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 SO 2 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 SO 2 Annual unit described in subparagraph (3)(B)3.A. of this rule, an allocation of TR SO 2 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 SO 2 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 SO 2 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 SO 2 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 allocationfor 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 SO 2 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 SO 2 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 SO 2 Annual allowances determined for all such TR SO 2 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 SO 2 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 SO 2 Annual allowances determined for each such TR SO 2 Annual unit under subparagraph (3)(B)3.D. of this rule; G. Insufficient Allowance Allocation. If the amount of TR SO 2 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 SO 2 Annual unit the amount of the TR SO 2 Annual allowances determined under subparagraph (3)(B)3.D. of this rule for the unit, multiplied by the amount of TR SO 2 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 contactfacilities as described in subparagraph (3)(B)2.A. of this rule to confirm the amount of TR SO 2 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 SO 2 Annual unit eligible for such allocation; I. Allowance Calculation for Units That Recently BeganOperation. 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 SO 2 Annual allowances remain in the new unit set-aside for the state for such control period, the director will allocate such TR SO 2 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 thecalculation 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 noallowances 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 suchsubmission if they are not eligible for allowances under this subparagraph, and the director may also adjust the calculation of eligibleallowances 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 SO 2 Annual allowances for a specific control period for TR SO 2 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 SO 2 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) NP Cap = nameplate capacity of the generator that the unit serves (MWe) CP Tot = number of days in the control period CF = the unit’s default capacity factor from Table II below 

## Page 1574 Orders of Rulemaking



## ܣܧ ൌ ሺ ாோ ሻሺ ுோ ሻ ൫ே௉ ಴ೌ೛ ൯ ሺ ஼௉ ೅೚೟ ሻሺ ஼ி ሻ ሺଶସ ௛௢௨௥௦ ௗ௔௬ ൗ ሻቀଵǡ଴଴଴ ௞ௐ ெௐ ೐ ൗ ቁ ൫ଶǡ଴଴଴ ௟௕ ௧௢௡ ൗ ൯൫ଵǡ଴଴଴ǡ଴଴଴ ஻்௎ ௠௠஻்௎ ൗ ൯

Table II – Default Capacity Factors for New Units

Unit Types Annual SO 2 & NO x Programs Ozone Season NO x 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’semissions during the previous control period and the amount of eligible TR SO 2 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 SO 2 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 SO 2 Annual allowances determined for each such TR SO 2 Annual unit under part (3)(B)3.I.(IV) of this rule; and (VII) If the amount of unallocated TR SO 2 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 SO 2 Annual unit the amount of the TR SO 2 Annual allowances determined under part (3)(B)3.I.(IV) of this rule for the unit, multiplied by the amount of unallocated TR SO 2 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 SO 2 Annualallowances remain in the new unit set-aside for the state for such control period, the director will allocate to each TR SO 2 Annual unit that is in the state, is allocated an amount of TR SO 2 Annual allowances listed in Table I in paragraph (3)(A)2. of this rule, and continues to be allocated TR SO 2 Annual allowances for such control period in accordance with paragraph (3)(A)2. of this rule, an amount of TR SO 2 Annual allowances equal to the following: the total amount of such remaining unallocated TR SO 2 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 SO 2 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 SO 2 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 SO 2 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 SO 2 Annual units in descending order based on the amount of such units’ allocationsunder 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’sname 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 SO 2 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 SO 2 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 alphabeticalorder 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 SO 2 Annual allowance in the order in which the units are listed and will repeat this increase process as necessary, until the total allocations ofsuch 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, wouldupdate 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. DavidShanks, 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. 

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### Missouri RegisterTHIS FORM WAS GENERATED BY THE eSIPS SYSTEM

1 

## 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



# e S I P S U B M I S S I O N I N F O R M A T I O N

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



# e S I P P A R A L L E L P R O C E S S I N G

Not applicable



# e S I P A D M I N I S T R A T I V E E V I D E N C E C O M P L E T E N E S S C H E C K L I S T

 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? YesTHIS FORM WAS GENERATED BY THE eSIPS SYSTEM

2 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.



# e S I P A D M I N I S T R A T I V E E V I D E N C E

– S U P P O R T I N G D O C U M E N T A T I O N

Attachment File Description complete CSAPR epa submittal.pdf complete submittal

Additional Information regarding this submittal:

Please enter any additional information regarding this submittal.



# e S I P T E C H N I C A L S U P P O R T D O C U M E N T I N F O R M A T I O N

– A S A P P L I C A B L E

Are there Technical Support Documents included in this submittal? No

The Technical Support Document should contain the following (if applicable):

 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

 Other

Please describe all other Technical Support DocumentsTHIS FORM WAS GENERATED BY THE eSIPS SYSTEM

3 

# e S I P T E C H N I C A L S U P P O R T

– A D D I T I O N A L D O C U M E N T A T I O N

Attachment File Description

This SIP submission includes additional documentation (e.g., large modeling files) that is not submitted through this electronic system? No

This information will be provided to EPA via: